{"id":"F2019L01288","name":"Social Security (Administration) (Payment Pending Review) (Employment) Guidelines 2019","slug":"social-security-administration-payment-pending-review-employment-guidelines-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440264,"registerId":"F2019L01288-fast-fetch-1775955956175","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Administration) (Payment Pending Review) (Employment) 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![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSocial Security (Administration) (Payment Pending Review) (Employment) Guidelines 2019\n\nI, Michaelia Cash, Minister for Employment, Skills, Small and Family Business, make the following instrument.\n\nDated 26 September 2019   \n\nMICHAELIA CASH\n\nMinister for Employment, Skills, Small and Family Business\n\n \n\n \n\n \n\nContents\n\n \n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Application\n\n6 Declaration continuing payment during a compliance penalty period..........2\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) (Employment) 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whole of this instrument 1 October 2019.\n\n\nNote:  This table relates only to the provisions of this instrument as originally made.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 Act.\n\n4  Definitions\n\nNote:  Some of the expressions used in this instrument are defined in the Act or in the Social Security Act 1991, including the following:\n\n(a)      participation payment; and\n\n(b)      adverse decision.\n\n  In this instrument:\n\nAct means the Social Security (Administration) Act 1999.\n\n5  Application\n\n  For sections 131 and 145 of the Act, the guidelines in section 6 apply to adverse decisions made under Division 3A of Part 3 of the Act in relation to participation payments.\n\n\n\n\n \n\n6  Declaration continuing payment during a compliance penalty period\n\n (1) If a person in receipt of a participation payment:\n\n (a) is subject to an adverse decision that results in the application of a compliance penalty period under subsection 42P(1) or 42S(1) of the Act; 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  the Secretary may declare, under section 131 or 145 of the Act, that:\n\n (d) the participation payment is payable to the person from the date that the compliance penalty period commenced or is to commence; and\n\n (e) the participation 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\n \n\nNote 1 A declaration under section 131 or 145 takes effect on the day it is made or an earlier day (if any) specified in the declaration: see paragraphs 131(5)(a) and 145(4)(a) of the Act.\n\n \n\nNote 2 A declaration under section 131 or 145 ceases to have effect: on the day the application for review is withdrawn or dismissed; when the declaration is revoked by the Secretary; or 13 weeks after a decision reviewing the adverse decision is made (or an earlier day specified by the Secretary). See paragraphs 131(5)(b) and 145(4)(b) of the Act.\n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose: providing guidelines for when participation payments should continue during compliance penalty review periods. It has not expanded beyond this narrow administrative function."},"complexity_factors":["Only 6 short sections total","Minimal defined terms (only 'Act' defined; relies on external definitions in parent Acts)","Single operative provision (section 6) with straightforward conditional logic","No nested exceptions or complex cross-referencing beyond basic references to sections 131, 145, 129, 142, 42P and 42S of the parent Act","Clear structure: name, commencement, authority, definitions, application, then substantive rule"],"plain_english_summary":"This 2019 ministerial rule lets the department keep paying participation payments (e.g. JobSeeker, Youth Allowance for job seekers) while a recipient formally challenges a compliance penalty for failing mutual‑obligations. It applies when a penalty is under review and prevents someone losing income during that review, with payments continuing until the review is resolved, withdrawn, or for up to 13 weeks after decision."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not expand or narrow the underlying substantive penalty rules in the Act. It provides administrative guidelines under ss 131 and 145 for continuing participation payments pending review of Division 3A adverse decisions, clarifying when the Secretary may keep payments flowing and the temporal limits on that continuation."},"complexity_factors":["Cross-references to multiple provisions of the Act (ss 131, 145, 42P, 42S, 129, 142) — requires consulting the Act to determine full effect","Discretionary power vested in the Secretary to declare payment continuation (section 6(d)-(e)) creates administrative decision-making room","Temporal conditions and limits: review must be applied for before the penalty ends; declaration can take effect from the penalty start date; declaration ceases on withdrawal/dismissal, revocation, or 13 weeks after the reviewing decision","Key terms (‘participation payment’, ‘adverse decision’) are defined in the Act, so scope depends on statutory definitions outside this instrument","Potential for retrospective payments and revocations increases bookkeeping and audit complexity for the agency","Narrow substantive rule (single conditional mechanism) but legal interpretation issues (e.g. timing of ‘commenced’ penalties, interaction with review procedures) may require case-by-case resolution"],"plain_english_summary":"This instrument lets the Secretary declare that a participation payment keeps being paid while a recipient challenges an adverse decision that imposes a compliance penalty, provided the person applies for review before the penalty period ends. It applies to participation payments under Division 3A and specifies the conditions, time limits and when the payment continuation can be revoked.\n\nIt affects people receiving participation payments who seek review of penalty decisions and the department staff who must exercise the Secretary's discretion and administer retroactive or time-limited payments."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-administration-payment-pending-review-employment-guidelines-2019","history":"/api/acts/social-security-administration-payment-pending-review-employment-guidelines-2019/history","analysis":"/api/acts/social-security-administration-payment-pending-review-employment-guidelines-2019/analysis","conflicts":"/api/acts/social-security-administration-payment-pending-review-employment-guidelines-2019/conflicts","importantCases":"/api/acts/social-security-administration-payment-pending-review-employment-guidelines-2019/important-cases","documents":"/api/acts/social-security-administration-payment-pending-review-employment-guidelines-2019/documents"}}