{"id":"F2019L01046","name":"Social Security (Administration) (Payment Pending Review) (DSS) Guidelines 2019","slug":"social-security-administration-payment-pending-review-dss-guidelines-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440186,"registerId":"F2019L01046-fast-fetch-1775955913148","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Administration) (Payment Pending Review) (DSS) Guidelines 2019","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) (Payment Pending Review) (DSS) Guidelines 2019\n\n \n\n \n\n \n\nI, Senator Anne Ruston, Minister for Families and Social Services, make the following Guidelines.\n\nDated 6 August 2019\n\nSenator Anne Ruston\n\nMinister for Families and Social Services\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Schedule\n\n5  Definitions\n\n6  Application\n\n7  Declaration continuing payment during a compliance penalty period\n\nSchedule 1—Repeal 4\n\nSocial Security (Administration) (Payment Pending Review) (DEEWR) Guidelines 2009 \n\n \n\n \n\n \n\n \n\n \n\n \n\n1  Name\n\n  This instrument is the Social Security (Administration) (Payment Pending Review) (DSS) Guidelines 2019.\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 this instrument The day after the instrument is registered.\n\n\nNote:          This table relates only to the provisions of this instrument as originally made.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 sections 132 and 146 of the Social Security (Administration) Act 1999.\n\n4  Schedule\n\n  The instrument specified in Schedule 1 to this instrument is repealed as set out in that schedule.\n\n5  Definitions\n\n  In this instrument:\n\n  Act means the Social Security (Administration) Act 1999.\n\n6  Application\n\n (1) For section 131 of the Act, the guidelines in subsection 7(1) apply to adverse decisions in relation to:\n\n (a) youth allowance payable to a person who is undertaking full-time study or is a new apprentice; and\n\n (b) austudy payment.\n\n (2) For section 145 of the Act, the guidelines in subsection 7(2) apply to adverse decisions in relation to:\n\n (a) youth allowance payable to a person who is undertaking full-time study or is a new apprentice; and\n\n (b) austudy payment.\n\n \n\nNote        Youth allowance payable to a person who is neither a full-time student nor a new apprentice is a participation payment: see definition of participation payment in the Dictionary to the Act\n\n7  Declaration continuing payment during a compliance penalty period\n\n (1) If, and only if, a person in receipt of youth allowance or austudy payment:\n\n (a) is subject to an adverse decision that results in the application of a compliance penalty period under section 550B, 551, 576A or 577 of the Social Security Act 1991; and\n\n (b) applies for review of the adverse decision under section 129 or 142 of the Act; and\n\n (c) the compliance penalty period has not ended before the person applies for review;\n\n  then the Secretary may declare under section 131 of the Act that:\n\n (d) the allowance or payment is payable to the person from the date that the compliance penalty period commenced or is to commence; and\n\n (e) the allowance or payment is to continue to be payable to the person pending the determination of the review, as if the adverse decision had not been made.\n\nNote 1     A declaration under section 131 takes effect on the day it is made or an earlier day specified in the declaration: see paragraph 131(5)(a) of the Act.\n\nNote 2     A declaration under section 131 ceases to have effect on the day the application for review is withdrawn, when the declaration is revoked by the Secretary, or 13 weeks after a decision reviewing the adverse decision is made: see paragraph 131(5)(b) of the Act.\n\n (2) If, and only if, a person in receipt of youth allowance or austudy payment:\n\n (a) is subject to an adverse decision that results in the application of a compliance penalty period under section 550B, 551, 576A or 577 of the Social Security Act 1991; and\n\n (b)  applies for review of the adverse decision under section 129 or 142 of the Act; and\n\n (c) the compliance penalty period has not ended before the person applies for review;\n\n  then the Secretary may declare under section 145 of the Act that:\n\n (d) the allowance or payment is payable to the person from the date that the compliance penalty period commenced or is to commence; and\n\n (e) the allowance or payment is to continue to be payable to the person pending the determination of the review, as if the adverse decision had not been made.\n\nNote 1     A declaration under section 145 takes effect on the day it is made or an earlier day specified in the declaration: see paragraph 145(4)(a) of the Act.\n\nNote 2     A declaration under section 145 ceases to have effect on the day the application for review is withdrawn, when the declaration is revoked by the Secretary, or 13 weeks after a decision reviewing the adverse decision is made: see paragraph 145(4)(b) of the Act.\n\n\n\n\nSchedule 1—Repeal\n\nSocial Security (Administration) (Payment Pending Review) (DEEWR) Guidelines 2009\n\n1  Division 2, Part 2 of the Instrument\n\nRepeal the Division\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument repeals the 2009 DEEWR Guidelines and reissues payment‑pending‑review guidance under the current Minister/department. It retains a narrowly targeted scope — continuing payments for people receiving youth allowance (full‑time students or new apprentices) or Austudy while they lodge a review of an adverse decision that imposes a compliance penalty — but shifts administrative authority to the current instrument and Secretary declarations under ss 131 and 145 of the Social Security (Administration) Act 1999."},"complexity_factors":["Cross‑references to multiple Acts and sections (Social Security (Administration) Act 1999; Social Security Act 1991, including ss 550B, 551, 576A, 577)","Discretionary power vested in the Secretary to make declarations (sections 131 and 145 of the Act)","Conditional operation: multiple conjunctive requirements must be met before payments resume (recipient type, specific penalty sections, review lodged, penalty period ongoing)","Temporal and procedural limits on declarations (take‑effect rules and cessation triggers tied to withdrawal, revocation, or 13‑week limit as noted in the Act)","Narrow subject-matter scope (limited to youth allowance for full‑time students/new apprentices and Austudy), increasing interpretive reliance on defined terms in the parent Act","Simple repeal of prior instrument creates need to compare former and current wording for practitioners seeking continuity"],"plain_english_summary":"This instrument allows the Secretary to reinstate youth allowance or Austudy payments while a recipient challenges an adverse decision that imposed a compliance penalty (the penalty provisions are in the Social Security Act 1991). It applies only when the person applies for review under section 129 or 142 of the Social Security (Administration) Act 1999 and repeals the earlier 2009 DEEWR Guidelines."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow scope. It replaces the 2009 DEEWR Guidelines with updated DSS Guidelines, covering the same limited category of payments (Youth Allowance for students/apprentices and Austudy). The scope has not expanded beyond the original purpose of enabling continued payment during compliance penalty review periods for these specific student payments."},"complexity_factors":["Very short instrument (approximately 2 pages of substantive content)","Only 1 defined term ('Act')","Minimal cross-referencing — only references to specific numbered sections of parent Acts","Simple conditional structure: three cumulative conditions (a, b, c) triggering a discretionary power","Substantively identical provisions in subsections 7(1) and 7(2), differing only by the empowering section in the parent Act (section 131 vs section 145)","No nested exceptions or complex definitional chains","Straightforward repeal of a single Division in Schedule 1"],"plain_english_summary":"These Guidelines let the Department of Social Services keep Youth Allowance (students and apprentices) and Austudy payments flowing when those payments have been stopped by a compliance penalty — by having the Secretary declare “payment pending review” while an appeal is decided. It prevents financial hardship for students and apprentices who challenge penalty decisions, but applies only to Youth Allowance and Austudy recipients, not other payment types."},"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-payment-pending-review-dss-guidelines-2019","history":"/api/acts/social-security-administration-payment-pending-review-dss-guidelines-2019/history","analysis":"/api/acts/social-security-administration-payment-pending-review-dss-guidelines-2019/analysis","conflicts":"/api/acts/social-security-administration-payment-pending-review-dss-guidelines-2019/conflicts","importantCases":"/api/acts/social-security-administration-payment-pending-review-dss-guidelines-2019/important-cases","documents":"/api/acts/social-security-administration-payment-pending-review-dss-guidelines-2019/documents"}}