{"id":"F2018L00971","name":"Social Security (Administration) (Class of Persons – Intent to Claim) Determination 2018","slug":"social-security-administration-class-of-persons-intent-to-claim-determination-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439690,"registerId":"F2018L00971-fast-fetch-1775955616981","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Administration) (Class of Persons – Intent to Claim) Determination 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nSocial Security (Administration) (Class of Persons - Intent to Claim) Determination 2018\n\n \n\n \n\n \n\nI, Dan Tehan, Minister for Social Services, make the following Determination.\n\nDated 29 June 2018.    \n\nDan Tehan\n\nMinister for Social Services\n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Class of persons to whom sections 13 and 14 of the Act apply\n\n \n\n \n\n \n\n1  Name\n\n  This instrument is the Social Security (Administration) (Class of Persons – Intent to Claim) Determination 2018.\n\n2  Commencement\n\n  This instrument commences on 1 July 2018.\n\n3  Authority\n\n  This instrument is made under section 14A of the Social Security (Administration) Act 1999.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Social Security Act 1991, including the following:\n\n(a) psychiatric confinement (subsection 23(8);\n\n(b) dependent child and parent (subsection 5(1));\n\n(c) immediate family member (subsection 23(1));\n\n(d) remote area, and physically present in a remote area (section 14).\n\n  In this instrument:\n\nAct means the Social Security (Administration) Act 1999.\n\ncontact day means the day on which the Department is contacted by or on behalf of a person in relation to a claim for a social security payment or concession card.\n\nextreme circumstance includes, but is not limited to:\n\n(a)  a flood;\n\n(b)  a fire;\n\n(c)  an earthquake; and\n\n(d)  a storm.\n\nhumanitarian entrant to Australia is a person who arrives in Australia and the arrival is the first time the person has arrived in Australia as the holder of a humanitarian visa.\n\nhumanitarian visa is a visa that is a qualifying humanitarian visa specified by the Minister by legislative instrument under subsection 1061JI(2) of the Social Security Act.\n\nrelevant period means the period of 8 weeks ending on the contact day.\n\nSocial Security Act means the Social Security Act 1991.\n\n5  Class of persons to whom sections 13 and 14 of the Act apply\n\n  For the purposes of paragraphs 13(1)(aa), (2)(aa), (3)(aa) and (3A)(aa) and 14(1)(aa), (2)(aa), (3)(aa) and (3A)(aa) of the Act, a person is in a class of persons if the person is unable to lodge a claim on the contact day because, at any time during the relevant period, the person is:\n\n1.       subject to domestic or family violence;\n2.       homeless;\n3.       hospitalised or suffering from a temporary incapacity arising from a medical condition;\n4.       released from prison or psychiatric confinement;\n5.       experiencing high stress associated with a relationship separation;\n6.        a parent of a dependent child born during the relevant period;\n7.       affected by the death during the relevant period of an immediate family member;\n8.       a person who entered Australia during the relevant period as a humanitarian entrant to Australia;\n9.         a person whose usual place of residence is in a remote area, and the person is physically present in the remote area;\n10.         a person whose principal place of residence was lost or sustained major damage during the relevant period as a result of an extreme circumstance, or\n11.       subject to other special circumstances beyond the person’s control.\n\n\n \n\nNote: A person may be considered to be physically present in a remote area during temporary absences (see subsection 14(2) of the Social Security Act).\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: specifying which vulnerable groups qualify for the 'intent to claim' provisions. The 11 categories cover specific hardship situations without expanding into unrelated policy areas. The scope is exactly what the enabling legislation (section 14A of the Social Security (Administration) Act 1999) contemplated."},"complexity_factors":["Short instrument: only 5 sections and 11 paragraphs of substantive content","Minimal cross-referencing: only references to the parent Act (Social Security (Administration) Act 1999) and definitions borrowed from the Social Security Act 1991","Simple conditional structure: single test (unable to lodge claim on contact day + falls into one of 11 listed circumstances during the 8-week relevant period)","11 defined terms in section 4, all straightforward (e.g., 'extreme circumstance' includes natural disasters; 'relevant period' is simply 8 weeks)","No nested exceptions or complex temporal calculations beyond the fixed 8-week window","Clear, enumerated list format for the class of persons (points 1-11)"],"plain_english_summary":"This Determination lets Centrelink backdate a payment claim to the contact day for people in specified vulnerable circumstances who couldn’t lodge a claim immediately. It covers eleven groups—including victims of family violence, people who are homeless, hospitalised or recently released from custody/psychiatric care, new parents, bereaved relatives, humanitarian entrants, remote residents, disaster-affected people, and others—if those circumstances occurred at any time in the 8 weeks before contacting Centrelink, preventing loss of payments due to crisis-related delay."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This Determination defines the class of persons to whom ss 13 and 14 of the Social Security (Administration) Act 1999 apply by listing eleven circumstances (s5). By enumerating specific situations and adding a residual 'other special circumstances' limb, it both operationalises and narrows the Act's application into defined categories while delegating interpretive scope to administrative processes and related Act definitions (Definitions; s5)."},"complexity_factors":["Cross‑references to the Social Security Act for key terms (eg. 'remote area', 'immediate family member') create interpretive reliance on external provisions (Definitions; note).","A fixed 'relevant period' (8 weeks) sets a temporal boundary that departments must calculate and apply to contact events (Definitions: relevant period).","Reliance on a Ministerially specified list for 'humanitarian visa' imports secondary delegated instruments to determine eligibility (Definitions: humanitarian visa; reference to s1061JI(2) of the Social Security Act).","An open‑ended residual category—'other special circumstances beyond the person’s control'—gives administrative decision‑makers broad discretion and increases case‑by‑case complexity (s5(11)).","Events specified (eg. disaster, hospitalisation, prison release, death, relationship separation) require evidentiary assessment across varied document types and timelines, raising verification and compliance burdens (s5).","Interpretation of 'physically present in a remote area' depends on the Social Security Act definition and allowances for temporary absences, adding factual complexity (Definitions; note re subsection 14(2) of the Social Security Act).","The instrument operationalises application of ss 13 and 14 rather than setting procedural detail, so administrative practice and guidance will determine how discretion and proof requirements are applied (s3; s5)."],"plain_english_summary":"This Determination specifies which people are treated as unable to lodge a social security claim on the contact day so the time‑limit extensions in sections 13 and 14 of the Social Security (Administration) Act 1999 can apply (see s5). It affects prospective claimants and the Department: eligible claimants in defined circumstances receive extra time, while the Department must assess and verify those circumstances against cross‑referenced definitions and a broadly‑worded residual test (see Definitions; s5)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/social-security-administration-class-of-persons-intent-to-claim-determination-2018","history":"/api/acts/social-security-administration-class-of-persons-intent-to-claim-determination-2018/history","analysis":"/api/acts/social-security-administration-class-of-persons-intent-to-claim-determination-2018/analysis","conflicts":"/api/acts/social-security-administration-class-of-persons-intent-to-claim-determination-2018/conflicts","importantCases":"/api/acts/social-security-administration-class-of-persons-intent-to-claim-determination-2018/important-cases","documents":"/api/acts/social-security-administration-class-of-persons-intent-to-claim-determination-2018/documents"}}