Social Security (Administration) (Weekly Payments — Classes of Persons) (DEEWR) Specification 2010
Social Security (Administration) Act 1999
I, JULIA EILEEN GILLARD, Minister for Education, Minister for Employment and Workplace Relations, make this instrument under subsection 43 (3B) of the Social Security (Administration) Act 1999.
Dated          21st April                   2010
 
 
 
JULIA EILEEN GILLARD
Minister for Education
Minister for Employment and Workplace Relations
1              Name of instrument
                This instrument is the Social Security (Administration) (Weekly Payments — Classes of Persons) (DEEWR) Specification 2010.
2              Commencement
                This instrument commences on the day after it is registered.
3              Definitions
                In this instrument:
Act means the Social Security (Administration) Act 1999.
4              Specification of classes of persons
         (1)   For paragraph 43 (3A) of the Act, the class of persons who meet the following criteria is specified:
                (a)    the person is an Australian resident 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                         (ii)    has not revoked or withdrawn that agreement.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 paragraph (1) (b), the payments are:
                (a)    widow allowance;
               (b)    parenting payment;
                (c)    youth allowance;
               (d)    austudy payment;
                (e)    newstart allowance;
                (f)    sickness allowance;
                (g)    partner 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 is 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.