Social Security (Administration) (Weekly Payments – Class of Persons) (FaHCSIA) Specification 2010
 
Social Security (Administration) Act 1999
 
 
I, JENNY MACKLIN, Minister for Families, Housing, Community Services and Indigenous Affairs, make this Specification under subsection 43(3B) of the Social Security (Administration) Act 1999.
 
 
 
Dated                                     16th April                               2010
 
 
 
 
J Macklin
 
Minister for Families, Housing, Community Services and Indigenous Affairs
 
 
1          Name of instrument
This Specification is the Social Security (Administration) (Weekly Payments – Class of Persons) (FaHCSIA) Specification 2010.
2          Commencement
This Specification commences on the day after it is registered.
3          Definitions
In this Specification:
Act means the Social Security (Administration) Act 1999.
4          Specification of classes of persons
(1)   For subsection 43(3A) of the Act, the class of persons who meet the following criteria is specified:
(a)   the person is an Australian resident and living in Australia;
(b)   the person is receiving one of the social security periodic payments mentioned in subsection (2);
(c)   the person would benefit from having their social security periodic payment paid as described in subsection 43(3A) of the Act;
(d)   the person:
                             (i)            has voluntarily agreed to be paid their social security periodic payment as described in subsection 43(3A) of the Act; and
                           (ii)            has not revoked or withdrawn that agreement.
(2)   For subsection (1)(b), the payments are:
(a)   age pension;
(b)   disability support pension;
(c)   wife pension;
(d)   widow B pension;
(e)   carer payment;
(f)     special benefit;
(g)   bereavement allowance.
(3)   Without limiting paragraph (1)(c), a person would benefit from having their social security payment paid as described in subsection 43(3A) of the Act if:
(a)   the person does not have access to safe, secure and adequate housing, or are using emergency accommodation or a refuge; or
(b)   the person is financially vulnerable and significantly disadvantaged.
(4)   Without limiting paragraph (3)(a), a person is taken not to have access to safe, secure and adequate housing if:
(a)   the housing to which the person has access:
                             (i)            damages, or is likely to damage, the person’s health; or
                           (ii)            threatens, or is likely to threaten, the person’s safety; or
                         (iii)            does not provide the person with access to a reasonable level of personal amenities or the economic and social support that housing normally affords; or
(b)   in the circumstances, the adequacy, safety, security or affordability of the housing to which the person has access is adversely affected or may be adversely affected; or
(c)   the person does not have a right to remain, or a reasonable expectation of being able to remain, in the housing to which the person has access.