{"id":"F2024L01131","name":"Social Security (Personal Care Support) (NSW Lifetime Care and Support Scheme - direct funding of treatment and care needs) Determination 2024","slug":"f2024l01131","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442572,"registerId":"F2024L01131-fast-fetch-1775957543617","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Personal Care Support) (NSW Lifetime Care and Support Scheme - direct funding of treatment and care needs) Determination 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL:Sensitive]\"\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSocial Security (Personal Care Support) (NSW Lifetime Care and Support Scheme – direct funding of treatment and care needs) Determination 2024\n\n\nI, AMANDA RISHWORTH, Minister for Social Services, make the following determination.\n\nDated 6 September 2024  \n\nAmanda Rishworth\n\nMinister for Social Services\n\n![](image.002.png)\n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Personal care support scheme\n\nSchedule 1—Repeals 2\n\nSocial Security (Personal Care Support - NSW Lifetime Care and Support Scheme - direct funding of treatment, rehabilitation and care services) Determination 2014 2\n\n \n\n \n\n1  Name\n\n  This instrument is the Social Security (Personal Care Support) (NSW Lifetime Care and Support Scheme - direct funding of treatment and care needs) Determination 2024.\n\n2  Commencement\n\n  This instrument commences on the day after it is registered.\n\n3  Authority\n\n  This instrument is made under section 35A of the Social Security Act 1991.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Personal care support scheme\n\n  The scheme for the provision of personal care support known as the New South Wales Lifetime Care and Support Scheme – direct funding of treatment and care needs, established pursuant to subsection 11A(4) of the Motor Accidents (Lifetime Care and Support) Act 2006 (NSW), is an approved scheme for the purposes of section 35A of the Social Security Act 1991.\n\n \n\nSchedule 1—Repeals\n\nSocial Security (Personal Care Support - NSW Lifetime Care and Support Scheme - direct funding of treatment, rehabilitation and care services) Determination 2014\n\n1  The whole of the instrument\n\nRepeal the instrument\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the entire 2014 Determination and reauthorises the NSW Lifetime Care and Support Scheme with an updated title and federal approval under s35A (see Schedule 1 and s5). The change is procedural at Commonwealth level (repeal + new determination). The instrument does not itself amend the underlying NSW statute; any substantive coverage or funding details remain governed by the NSW Act (subsection 11A(4) cited) and are not altered in this text."},"complexity_factors":["Cross‑jurisdictional reference: federal approval depends on a NSW scheme established under Motor Accidents (Lifetime Care and Support) Act 2006 (NSW) (s5; subsection 11A(4)).","Delegated administrative action: made by the Minister under section 35A of the Social Security Act 1991 (Authority, s3).","Repeal and replacement of prior instrument: wholly repeals the 2014 Determination (Schedule 1), creating a need to compare texts to identify practical differences.","Sparse operational detail in this instrument: substantive delivery, eligibility and funding mechanics are set out by the NSW scheme and other statutes rather than here (s5).","Legal effects on social security treatment: this is an approval instrument that alters legal recognition for social security assessments, requiring administrative coordination between Commonwealth and NSW agencies.","Simple commencement rule: operates the day after registration (Commencement, s2), implying immediate administrative effect."],"plain_english_summary":"This determination declares the NSW Lifetime Care and Support Scheme — direct funding of treatment and care needs — an “approved scheme” under section 35A of the Social Security Act 1991 and repeals the 2014 Determination (s5; Schedule 1). Made by the Minister under s35A (Authority, s3), it changes how personal care support paid through that NSW scheme is treated for social security purposes and references subsection 11A(4) of the Motor Accidents (Lifetime Care and Support) Act 2006 (NSW)."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument maintains the exact same scope as its 2014 predecessor. It performs the same function—approving the NSW Lifetime Care and Support Scheme for social security income test purposes—with only minor terminological updating ('treatment and care needs' replacing 'treatment, rehabilitation and care services'). There is no expansion of scope or purpose."},"complexity_factors":["Extremely short instrument (approximately 250 words)","Only 5 operative sections plus a schedule containing a single repeal","No defined terms section","No cross-references to other legislation beyond naming the authorising Act and the NSW Act","Single straightforward operative provision (section 5) with no conditions, exceptions, or nested logic","Performs a simple administrative function: declaring approval of a named scheme and repealing its predecessor"],"plain_english_summary":"The bill formally approves the NSW Lifetime Care and Support Scheme’s direct funding of treatment and care needs as an official scheme under Commonwealth social security law, replacing a 2014 determination with updated wording. It affects people catastrophically injured in NSW motor accidents who receive direct payments for care, ensuring those payments aren’t treated as personal income and won’t reduce or cancel their federal social security benefits."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/f2024l01131","history":"/api/acts/f2024l01131/history","analysis":"/api/acts/f2024l01131/analysis","conflicts":"/api/acts/f2024l01131/conflicts","importantCases":"/api/acts/f2024l01131/important-cases","documents":"/api/acts/f2024l01131/documents"}}