{"id":"F2021L01314","name":"Social Security (Administration) (Ending Unemployment Non-payment Periods — Classes of Persons) Specification 2021","slug":"social-security-administration-ending-unemployment-non-payment-periods-classes-of-persons-specificat","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441002,"registerId":"F2021L01314-fast-fetch-1775956439032","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Administration) (Ending Unemployment Non-payment Periods — Classes of Persons) Specification 2021","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![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSocial Security (Administration) (Ending Unemployment Non-payment Periods — Classes of Persons) Specification 2021\n\nI, Nadine Williams, Acting Secretary of the Department of Education, Skills and Employment, make this instrument.\n\nDated 20 September 2021\n\nNadine Williams\n\nA/g Secretary of the Department of Education, Skills and Employment\n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Specification of classes of persons\n\nSchedule 1—Repeals\n\nSocial Security (Administration) (Ending Unemployment Non-payment Periods– Classes of Persons) (FaHCSIA) Specification 2009 (No. 1)\n\nSocial Security (Administration) (Ending Unemployment Non-payment Periods– Classes of Persons) (DEEWR) Specification 2009 (No. 1)\n\n \n\n \n\n1  Name\n\n  This instrument is the Social Security (Administration) (Ending Unemployment Non-payment Periods — Classes of Persons) Specification 2021.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of the instrument The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 42S(5) of the Social Security (Administration) Act 1999.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Social Security (Administration) Act 1999.\n\ndependent child has the meaning given by section 5 of the Social Security Act 1991.\n\n5  Schedules\n\n  Each instrument that is specified in the Schedule to this instrument is repealed as set out in the applicable items in the Schedule.\n\n\n\n\n \n\n6  Specification of classes of persons\n\n (1) For paragraph 42S (4) (b) of the Act, the following classes of persons are specified:\n\n (a) persons with a dependent child;\n\n (b) persons who have significant family or caring responsibilities;\n\n (c) persons who have an illness, impairment or condition that requires treatment, and who cannot afford the treatment after meeting their essential expenses;\n\n (d) persons who have a cognitive, neurological, psychiatric or psychological impairment or mental illness that has been established by medical evidence;\n\n (e) persons who do not have access to safe, secure and adequate housing, or are using emergency accommodation or a refuge.\n\n \n\n (2) Without limiting paragraph (1) (e), a person is taken not to have access to safe, secure, and adequate housing if:\n\n (a) the housing to which the person has access:\n\n (i) damages, or is likely to damage, the person’s health; or\n\n (ii) threatens or is likely to threaten the person’s safety; or\n\n (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\n\n (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\n\n (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.\n\n\n\n\nSchedule 1—Repeals\n\nSocial Security (Administration) (Ending Unemployment Non-payment Periods– Classes of Persons) (FaHCSIA) Specification 2009 (No. 1)\n\n1  The whole of the instrument\n\nRepeal the instrument\n\nSocial Security (Administration) (Ending Unemployment Non-payment Periods– Classes of Persons) (DEEWR) Specification 2009 (No. 1)\n\n2  The whole of the instrument\n\nRepeal the instrument\n\n \n\n \n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains the same scope as its predecessors. It is a direct replacement of the 2009 specifications, updating the classes of persons eligible for early termination of unemployment non-payment periods without expanding beyond the original purpose of identifying vulnerable groups for exemption from waiting periods."},"complexity_factors":["Very short instrument (only 6 substantive sections plus a repeal schedule)","Minimal defined terms (only 2: 'Act' and 'dependent child', with the latter referencing another Act)","No cross-references to other legislation except the empowering provision (section 42S(5)) and the definition of 'dependent child'","Simple list structure in section 6(1) with five clear categories","Single elaboration provision in section 6(2) expanding on housing criteria without nested conditions","Straightforward repeal schedule removing two superseded 2009 instruments"],"plain_english_summary":"This law lets certain vulnerable people have Centrelink \"non‑payment\" waiting periods (imposed after quitting or dismissal for misconduct) waived or ended early. It covers five groups: parents with dependent children; carers with significant family responsibilities; people who can’t afford required medical treatment; people with medically documented cognitive, neurological or psychiatric impairments; and people without safe or secure housing.\n\nIt protects those facing health, care or housing crises from being left without income, and replaces earlier 2009 rules with an updated 2021 version."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument replaces the two 2009 specifications (Schedule 1) and sets out five classes of persons who may have unemployment non‑payment periods ended (section 6). On its face it retains the statutory purpose of specifying eligible classes under s42S(4)(b) rather than broadening or narrowing the statutory power beyond listing the categories and related evidentiary/housing criteria."},"complexity_factors":["Short, focused instrument that simply lists classes of persons (section 6(1)).","Uses a statutory cross‑reference to subsection 42S(4)(b) of the Social Security (Administration) Act 1999 (section 3), requiring knowledge of that Act's mechanics.","One class requires medical evidence (section 6(1)(d)), creating an evidentiary and administrative assessment task.","Housing test contains multi‑part, partly subjective criteria (section 6(2): health/safety, amenities/support, adequacy/affordability, right to remain), increasing judgment calls for administrators.","Repeals earlier instruments (Schedule 1), so implementers must map changes against prior practice (Schedule 1).","Commencement timing rule (section 2) sets immediate administrative effect (day after registration)."],"plain_english_summary":"This instrument tells administrators which jobseekers can have an unemployment non‑payment period ended under section 42S of the Social Security (Administration) Act 1999. It specifies five classes of persons (dependent child carers; those with significant caring responsibilities; people who cannot afford required treatment after essential expenses; persons with medically evidenced cognitive/mental impairments; and people without safe, secure, adequate housing) and repeals two 2009 specifications. Mechanically, it directs how officials decide which recipients qualify to have a non‑payment period ended."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-administration-ending-unemployment-non-payment-periods-classes-of-persons-specificat","history":"/api/acts/social-security-administration-ending-unemployment-non-payment-periods-classes-of-persons-specificat/history","analysis":"/api/acts/social-security-administration-ending-unemployment-non-payment-periods-classes-of-persons-specificat/analysis","conflicts":"/api/acts/social-security-administration-ending-unemployment-non-payment-periods-classes-of-persons-specificat/conflicts","importantCases":"/api/acts/social-security-administration-ending-unemployment-non-payment-periods-classes-of-persons-specificat/important-cases","documents":"/api/acts/social-security-administration-ending-unemployment-non-payment-periods-classes-of-persons-specificat/documents"}}