{"id":"F2026L00373","name":"Social Security (Administration) (Exempt Welfare Payment Recipient – Principal Carer of a Child) (Activities) Instrument 2026","slug":"social-security-administration-exempt-welfare-payment-recipient-principal-carer-of-a-child-activitie","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107979,"registerId":"commonwealth-F2026L00373-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Social Security (Administration) (Exempt Welfare Payment Recipient – Principal Carer of a Child) (Activities) Instrument 2026.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The day after this instrument is registered.

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made.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.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsections 123UGD(2) and (3) of the Social Security (Administration) Act 1999.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Schedules","content":"#### 4 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its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.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n In this instrument:\n\n> Act means the Social Security (Administration) Act 1999.\n\n> approved child care service has the same meaning as in subsection 3(1) of the Family Assistance Administration Act.\n\n> Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.\n\n> Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.\n\n> pre-school includes kindergarten.\n\n> program of regular health and development assessments means, in relation to a child of a particular age, a series of health and development assessments that are provided to that child:\n\n> by one or more treating health professionals; and\n\n> in accordance with the schedule of health and development assessments for a child of that age, as set out in the record published by the Northern Territory Government and known as the Personal Health and Immunisation Record.\n\n> school age child has the same meaning as in section 123TC of the Act.\n\n> severe disability or severe medical condition has the meaning given by Part 2.5 of the Social Security Act.\n\n> Social Security Act means the Social Security Act 1991.\n\n> terminal condition has the meaning given by Part 2.5 of the Social Security Act.\n\n> treating health professional has the same meaning as in subsection 197(1) of the Social Security Act.\n\n> treatment includes care.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Specified activities—school age child (with terminal condition)","content":"#### 6 Specified activities—school age child (with terminal condition)\n\n For subparagraph 123UGD(1)(b)(iii) of the Act, the specified activity, for a school age child with a terminal condition, is a program of treatment for the terminal condition, provided by one or more treating health professionals.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Specified activities—child (other than a school age child)","content":"#### 7 Specified activities—child (other than a school age child)\n\n Specified number and kind of activities\n (1) For paragraph 123UGD(1)(c) of the Act, the specified number and kind of activities for a child (other than a school age child) who has a terminal condition is 1 activity of a kind mentioned in subsection (4).\n (2) For paragraph 123UGD(1)(c) of the Act, the specified number and kind of activities for a child (other than a school age child) who does not have a terminal condition are:\n (a) for a child who is aged under 3–2 activities of a kind mentioned in subsection (4);\n (b) for a child who is aged 3 or over but under 4:\n (i) if the child is unable to participate in an engagement related activity–3 activities of a kind mentioned in subsection (4);\n (ii) otherwise–2 activities of a kind mentioned in subsection (4) and 1 activity of a kind mentioned in subsection (5);\n (c) for a child who is aged 4 or over and attending pre-school–2 activities of a kind mentioned in subsection (4);\n\n for a child who is aged 4 or over and not attending pre-school:\n\n (i) if the child is unable to participate in an engagement related activity–3 activities of a kind mentioned in subsection (4); or\n (ii) otherwise–2 activities of a kind mentioned in subsection (4) and 2 activities of a kind mentioned in subsection (5).\n (3) For subsection (2), a child is unable to participate in an engagement related activity if:\n (a) the child has a severe disability or severe medical condition; and\n (b) because of that disability or condition, the child is not able to participate in any of the kinds of activities mentioned in subsection (5).\n Health related activities\n (4) The kind of activities for a child are:\n (a) an activity to meet the immunisation requirements (within the meaning of the Family Assistance Act) for the child;\n (b) a program of regular health and development assessments for the child;\n (c) a program of treatment for the child (however described), provided by one or more treating health professionals.\n Engagement related activities\n (5) The kind of activities for a child are:\n (a) an activity of attending, for at least 8 hours per week, an approved child care service;\n (b) an activity of attending playgroup (whether formally facilitated or otherwise);\n (c) an activity of attending creche;\n (d) an activity of attending Kindergym;\n (e) an activity of attending primary school;\n (f) any other age appropriate activity that is designed to promote the child’s social, emotional, mental or physical development.","sortOrder":6}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument appears to operate within its intended scope as a delegated legislative instrument specifying activities for principal carers. It implements the specific exemption framework established by section 123UGD of the Social Security (Administration) Act 1999 without apparent expansion beyond the statutory authority."},"complexity_factors":["Age-based tiered requirements with multiple brackets (under 3, 3-4, 4+ with pre-school split)","Nested conditional logic: the 3-4 and 4+ age brackets contain sub-conditions based on whether the child has a severe disability","Cross-references to 4 other Acts (Social Security (Administration) Act 1999, Social Security Act 1991, Family Assistance Act 1999, Family Assistance (Administration) Act 1999)","11 defined terms in section 5, including recursive definitions (referencing other Acts for meanings)","Specific quantitative thresholds (8 hours per week for childcare)","Geographic specificity: references Northern Territory Government's Personal Health and Immunisation Record as the standard for health assessments"],"plain_english_summary":"This law defines the activities principal carers must do to keep their exemption from ordinary job‑seeking rules and continue receiving certain welfare payments. Requirements vary by the child’s age and health—focusing on health care (e.g., immunisations, check‑ups, treatment) and, for some ages, engagement in childcare or development activities.\n\nIt matters because failure to meet these activities can remove the exemption, forcing standard job‑search obligations or risking loss of payments."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument prescribes which child‑related activities qualify a principal carer for the specific exemption created by s 123UGD of the Social Security (Administration) Act (see s 3). It does not, on its face, broaden or narrow the class of recipients defined by the parent Act; it specifies activity types, counts and exceptions (age tiers, terminal condition, severe disability) that determine compliance obligations (see s 6, s 7). No language in this instrument indicates a change to the statutory scope established by the Act."},"complexity_factors":["Cross‑references to multiple Acts and provisions (instrument made under ss 123UGD(2)–(3) of the Social Security (Administration) Act; definitions refer to the Social Security Act 1991 and the Family Assistance Acts) (see ss 3, 5).","Age‑tiered rules with conditional branches for terminal condition and severe disability create a small decision matrix to apply (see s 7(1)–(3)).","Two distinct activity categories (health‑related and engagement‑related) with different counting rules and thresholds (see s 7(4)–(5) and s 7(2)).","Specific operational definitions tie health assessments to a Northern Territory record and require activities to be provided by 'treating health professionals', which implicates proof and verification (see s 5, s 6, s 7(4)(b)–(c)).","Commencement and amendment mechanics operate by registration timing and schedules, requiring administrators to track instrument registration and any schedule changes (see s 2, s 4).","Implementation requires verifying immunisation, attendance at services, and health treatment — producing compliance and record‑keeping burdens for carers and administrative verification work for the agency (see s 7(4)(a), s 7(5))."],"plain_english_summary":"This instrument specifies which child‑related activities let a principal carer qualify as an ‘exempt welfare payment recipient’ under the Social Security (Administration) Act — for example, treatment for a terminal condition, immunisation, regular health and development checks, and engagement activities like approved childcare, playgroup, preschool or school. \n\nIt affects principal carers of children by setting age‑based activity requirements and exceptions for severe disability or terminal conditions; it therefore determines the compliance obligations and types of evidence carers must provide to retain the exemption."},"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-exempt-welfare-payment-recipient-principal-carer-of-a-child-activitie","history":"/api/acts/social-security-administration-exempt-welfare-payment-recipient-principal-carer-of-a-child-activitie/history","analysis":"/api/acts/social-security-administration-exempt-welfare-payment-recipient-principal-carer-of-a-child-activitie/analysis","conflicts":"/api/acts/social-security-administration-exempt-welfare-payment-recipient-principal-carer-of-a-child-activitie/conflicts","importantCases":"/api/acts/social-security-administration-exempt-welfare-payment-recipient-principal-carer-of-a-child-activitie/important-cases","documents":"/api/acts/social-security-administration-exempt-welfare-payment-recipient-principal-carer-of-a-child-activitie/documents"}}