
Social Security (Assurances of Support) Determination 2018
made under section 1061ZZGH of the Social Security Act 1991.
About this compilation
This compilation
This is a compilation of the Social Security (Assurances of Support) Determination 2018 that shows the text of the law as amended and in force on 4 March 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Part 1 — Preliminary
1 Name
2A Repeal
3 Authority
4 Schedules — Revocation of previous Determinations
5 Definitions
Part 2—Social security payments 4
6 Social security payments.......................................4
Part 3—Requirements for persons to give assurances of support for visa entrants
7 Application of this Part
8 Requirements for individuals
9 Requirements for bodies
Part 4—Requirements for persons to give assurances of support for Community Support Programme entrants
10 Application of this Part
11 Requirements for individuals
12 Requirements for bodies
Part 5—Requirements for Secretary to accept assurance of support
13 Application of this Part
14 Income requirement for an individual
15 Income requirement for single individual assurer
16 Income requirement for joint individual assurers
17 Requirements for bodies
Part 6—Value of securities
18 Values of securities required for Secretary’s acceptance of assurances
19 Value of security for an individual
20 Value of security for a body
Part 8 — When accepted assurances remain in force
24 Periods for which assurances of support remain in force
25 Circumstances in which assurances of support cease to be in force
Schedule 1 — Revocation of the Social Security (Assurances of Support) (FaHCSIA) Determination 2007
Schedule 2 — Revocation of the Social Security (Assurances of Support) (DEEWR) Determination 2008
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
This instrument is the Social Security (Assurances of Support) Determination 2018.
This instrument is repealed on 31 March 2024.
This instrument is made under section 1061ZZGH of the Social Security Act 1991.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
Act means the Social Security Act 1991.
adjusted fringe benefits total has the meaning given by clause 4 of Schedule 3 to the Family Assistance Act.
adult means a person who is 18 years of age or more.
applicable supplement amount has the meaning given by subclause 38A(2) of Schedule 1 to the Family Assistance Act.
approved proposing organisation has the meaning given by clause 202.111 of Schedule 2 to the Migration Regulations 1994.
assessable income of an individual for a financial year means the total of:
assurance of support has the meaning given by section 1061ZZGA of the Act. base FTB child rate has the meaning given by clause 8 of Schedule 1 to the Family Assistance Act.
base FTB child rate has the meaning given by clause 8 of Schedule 1 to the Family Assistance Act.
body means:
Note 1: Expressions used to denote persons generally (such as “person”) include a body politic or corporate as well as an individual — see section 2C of the Acts Interpretation Act 1901.
Note 2: Individual means a natural person — see section 2B of the Acts Interpretation Act 1901.
Example: Paragraph (b) — an unincorporated association.
child means a person who is under 18 years of age.
Community Support Programme entrant means an adult applicant for a Global Special Humanitarian Visa (subclass 202) if the visa application includes a proposal by an approved proposing organisation.
current financial year, for a person who gives an assurance of support, means the financial year in which the assurance of support is given by the person.
Family Assistance Act means A New Tax System (Family Assistance) Act 1999.
first financial year, for a person who gives an assurance of support, means the financial year ending immediately before the current financial year.
notice of assessment means a notice of assessment issued under the Income Tax Assessment Act 1936.
primary criteria, for a visa of a particular class or subclass, means the primary criteria set out in the relevant Part of Schedule 1 or 2 to the Migration Regulations 1994 applicable to that class of visa.
rate of jobseeker payment means the amount of jobseeker payment payable as calculated by reference to the maximum basic rate in column 3A of item 4A in Table B in section 1068‑B1 of the Act as indexed at 1 July in each financial year.
secondary criteria, for a visa of a particular class or subclass, means the secondary criteria (if any) set out in the relevant Part of Schedule 1 or 2 to the Migration Regulations 1994.
second financial year, for a person who gives an assurance of support, means the financial year ending immediately before the first financial year.
single assurer means an assurer who gives an assurance of support other than jointly with another person or persons.
Note: If enabling legislation confers on a person the power to make a legislative instrument then expressions used in any instrument so made have the same meaning as in the enabling legislation as in force from time to time – see paragraph 13(1)(b) of the Legislation Act 2003. “Assurer” is used in the enabling legislation – for example, see sections 1061ZZGE, 1061ZZGG and 1061ZZGH of the Social Security Act 1991.
State includes the Australian Capital Territory and the Northern Territory.
State agency means any of the following:
target foreign income has the meaning given by subclause 5(1) of Schedule 3 to the Family Assistance Act.
taxable income has the meaning given by section 4‑15 of the Income Tax Assessment Act 1997.
tax free pension or benefit means a payment mentioned in clause 7 of Schedule 3 to the Family Assistance Act.
visa entrant means an adult applicant for a visa other than a Community Support Programme entrant.
Item | Social security payment |
1 | Widow allowance under Part 2.8A of the Act |
2 | Parenting payment under Part 2.10 of the Act |
3 | Youth allowance under Part 2.11 of the Act |
4 | Austudy payment under Part 2.11A of the Act |
5 | Jobseeker payment under Part 2.12 of the Act |
6 | Mature age allowance under Part 2.12A or 2.12B of the Act |
7 | Sickness allowance under Part 2.14 of the Act |
8 | Special benefit under Part 2.15 of the Act |
9 | Partner allowance under Part 2.15A of the Act |
Item | Supplementary social security payment |
1 | Approved program of work supplement under Part 2.10, 2.11 or 2.12 of the Act |
2 | Education entry payment under Part 2.13A of the Act |
3 | Language, literacy and numeracy supplement under Part 2.21A of the Act |
4 | Crisis payment under Part 2.23A of the Act |
5 | Pensioner education supplement under Part 2.24A of the Act |
6 | Telephone allowance under Part 2.25 of the Act |
7 | Utilities allowance under Part 2.25A of the Act |
8 | Fares allowance under Part 2.26 of the Act |
This Part is made for the purposes of section 1061ZZGB of the Act in relation to persons who give assurances of support for visa entrants.
Note: See Part 4 for requirements that must be met by a person in order to be permitted to give an assurance of support for Community Support Programme entrants.
Note: There are no restrictions on the number of children for whom an individual may give an assurance of support.
Note: There are no restrictions on the number of children for whom a body may give an assurance of support.
This Part is made for the purposes of section 1061ZZGB of the Act in relation to persons who give assurances of support for Community Support Programme entrants.
Note: See Part 3 for requirements that must be met by a person in order to be permitted to give an assurance of support for visa entrants.
Note: There are no restrictions on the number of children for whom an individual may give an assurance of support.
Note: There are no restrictions on the number of children for whom a body may give an assurance of support.
For the purposes of paragraph 1061ZZGD(2)(a) of the Act, this Part specifies the requirements to be met, in relation to a person giving assurances of support, for the Secretary to be permitted to accept such assurances.
Example
If a person with two children applies to give an assurance of support for a migrating family of two parents and two children on 1 July 2020, the minimum required income amount of the person is the total of:
• $47,736 (the applicable annual rate of jobseeker payment, $15,912, multiplied by the total number of the adult assurer and adult assurees (three)), plus
• $4,737.70 (the base FTB child rate and the applicable supplement amount of $2,368.85 multiplied by the total number of the assurer’s children (two)).
No multiple of the base FTB child rate and the applicable supplement amount is included in the calculation of income requirement on account of the assurees’ children.
Note: Individual means a natural person – see section 2B of the Acts Interpretation Act 1901.
Example
If a person with a partner and two children applies to give an assurance of support jointly with their partner for a migrating family of two parents and two children on 1 July 2020, the combined minimum required income of both the person and their partner is the total of:
• $63,648 (the applicable annual rate of jobseeker payment, $15,912, multiplied by the total number of adult assurers and adult assurees (four)), and
• $4,737.70 (the base FTB child rate and the applicable supplement amount of $2,368.85 multiplied by the total number of the assurers' children (two)).
No multiple of the base FTB child rate and the applicable supplement amount is included in the calculation of income requirement on account of the assurees’ children.
For the purposes of paragraph 1061ZZGD(3)(b) of the Act, this Part specifies the values of securities to be given for the Secretary to be permitted to accept assurances of support.
For subparagraph 1061ZZGF(1)(b)(i) of the Act, the following periods are specified:
For subparagraph 1061ZZGF(1)(b)(iii) of the Act, the following circumstances are specified:
(a) after arrival in Australia, a person identified in an assurance of support, other than a Community Support Programme entrant, is granted refugee status by the Australian Government;
(b) the visa of a person identified in an assurance of support is cancelled;
(c) a person is the only person identified in an assurance of support and the person dies;
(d) the following special circumstances that, in the opinion of the Secretary, justify cancellation of an assurance of support:
(i) an accident, disability, illness or other circumstance that has critically affected the assurer’s ability to provide adequate support;
(ii) the incapacity of a person identified in an assurance of support to travel to Australia before the expiration of a visa.
Note: Financial hardship on the part of an assurer is not, of itself, a special circumstance.
Example 1: A person has provided a 10 year assurance for their mother to come to Australia from China. Shortly after the mother’s visa was granted she was diagnosed with a terminal illness and advised by her medical practitioner that travel outside China would be impossible for the foreseeable future. The mother has requested that the assurance of support be cancelled and the $10 000 security refunded.
Cancellation is likely to be granted in this case.
Example 2: A person (the assurer) with an income of approximately $90 000 has provided a 2 year assurance for his mother-in-law. One year after the assuree’s arrival in Australia, the assurer bought a more expensive home with a higher mortgage repayment. Also, his wife has had a baby and he has ceased paid employment. He is no longer in a position to provide any financial support for the assuree, who has approached Centrelink for assistance. The assurer has requested that the assurance of support be cancelled in view of his increased financial and family commitments.
Cancellation is unlikely to be granted in this case. It is the assurer’s responsibility to manage his financial affairs and meet any social security debts incurred by the assuree.
The Social Security (Assurances of Support) (FaHCSIA) Determination 2007 is revoked.
The Social Security (Assurances of Support) (DEEWR) Determination 2008 is revoked.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
| o = order(s) |
ad = added or inserted | Ord = Ordinance |
am = amended | orig = original |
amdt = amendment | par = paragraph(s)/subparagraph(s) |
c = clause(s) | /sub‑subparagraph(s) |
C[x] = Compilation No. x | pres = present |
Ch = Chapter(s) | prev = previous |
def = definition(s) | (prev…) = previously |
Dict = Dictionary | Pt = Part(s) |
disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
Div = Division(s) |
|
exp = expires/expired or ceases/ceased to have | reloc = relocated |
effect | renum = renumbered |
F = Federal Register of Legislation | rep = repealed |
gaz = gazette | rs = repealed and substituted |
LA = Legislation Act 2003 | s = section(s)/subsection(s) |
LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
(md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
effect | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | underlining = whole or part not |
| commenced or to be commenced |
Name | Registration | Commencement |
| Application, saving and transitional provisions |
Social Security (Assurances of Support) Determination 2018 | 28 March 2018 | Parts 1 to 6 Part 7
Part 8 Schedules 1 and 2 | 1 April 2018 Repealed before commencing 1 April 2018 1 April 2018
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Social Security (Assurances of Support) Amendment Determination 2018 | 23 May 2018 | 1 April 2018 |
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Social Security (Assurances of Support) Amendment Determination 2018 (No. 2) | 24 December 2018 | 1 January 2019 |
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Social Security (Assurances of Support) Amendment Determination 2021 | 3 March 2021 | 4 March 2021 |
| Sch 1 (item 9) |
Provision affected | How affected |
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Section 2 Section 2A
Subsection 5(1) Subsection 6(1) | rep LA s 48D ad; F2018L00650 am; F2021L00198 am; F2018L00650; F2021L00198 am; F2021L00198 |
Subsection 8(2) Subsection 8(5) Subsection 9(3) Subsection 11(2) Subsection 11(5) Subsection12(3) Subsection 14(2) Subsection15(2)
Subsection 16(2)
Part 6 heading Section 18 Subsection 19(2) Subsection 20(1) Paragraph 20(1)(a) Paragraph 20(1)(b) Subsection 20(2) Part 7 Section 24 | rs; F2018L00650 rep; F2018L00650 rs; F2018L00650 rs; F2018L00650 rep; F2018L00650 rs; F2018L00650 rs; F2018L00650 rs; F2018L00650 am; F2021L00198 rs; F2018L00650 am; F2021L00198 rs; F2018L00650 rs; F2018L00650 am; F2018L00650 am; F2018L00650 rs; F2021L00198 rs; F2021L00198 rs; F2018L00650 rep; F2018L00650 rs; F2018L01831 |
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