{"id":"F2025L01326","name":"Social Security (Declared Program Participant) Determination 2025","slug":"social-security-declared-program-participant-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443028,"registerId":"F2025L01326-fast-fetch-1775957941659","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Declared Program Participant) Determination 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSocial Security (Declared Program Participant) Determination 2025\n\nI, Natalie James, Secretary, Department of Employment and Workplace Relations, make the following determination.\n\nDated  28 October 2025   \n\nNatalie James\n\nSecretary, Department of Employment and Workplace Relations\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Schedules\n\n5  Definitions\n\n6  Declared program participants\n\n7  When a person becomes a declared program participant\n\n8  When a person ceases to be a declared program participant\n\n9  Effect of becoming or ceasing to be a declared program participant during a period in which a participation payment is not payable\n\n10  Reconnection requirements taken to be complied with when a person becomes a declared program participant\n\n11  Reconnection requirements and further reconnection requirements taken to be complied with when a person ceases to be a declared program participant\n\n12  Effect of becoming or ceasing to be a declared program participant during a period in which a participation payment is not payable for certain failures\n\n13  Effect of becoming or ceasing to be a declared program participant during an instalment period in which an instalment is to be reduced or a penalty is to be deducted\n\n14  Effect of becoming a declared program participant during a period in which a participation payment is cancelled\n\nSchedule 1—Repeals\n\nSocial Security (Declared Program Participant) Determination 2018\n\n \n\n1  Name\n\n  This determination is the Social Security (Declared Program Participant) Determination 2025.\n\n2  Commencement\n\n (1)  Each provision of this determination 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- The whole of this determination 1 November 2025\n\n\nNote: This table relates only to the provisions of this determination as originally made. It will not be amended to deal with any later amendments of this determination.\n\n (2) Any information in column 3 of the table is not part of this determination. Information may be inserted in this column, or information in it may be edited, in any published version of this determination.\n\n3  Authority\n\n  This determination is made under subsection 28C(1) of the Act.\n\n4  Schedules\n\n  Each determination that is specified in a Schedule to this determination is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this determination has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this determination are defined in the Act or the Administration Act, including the following:\n\n1.      Employment Department;\n2.      further reconnection requirement;\n3.      participation payment;\n4.      post‑cancellation non‑payment period;\n5.      reconnection requirement;\n6.       serious failure period;\n7.      serious failure requirement;\n8.      unemployment non‑payment period; and\n9.        unemployment preclusion period.\n\n\n (1) In this determination:\n\nAct means the Social Security Act 1991.\n\nAdministration Act means the Social Security (Administration) Act 1999.\n\nRemote Australia Employment Service provider means an organisation that performs functions or provides services from time to time for the purposes of the social security law under the Head Agreement for the Remote Australia Employment Service, whether or not the organisation also acts in other capacities.\n\nrelevant payment means:\n\n (a) a participation payment; or\n\n (b) disability support pension.\n\n (2) For the purposes of this determination, a person is serviced by a Remote Australia Employment Service provider if a Remote Australia Employment Service provider (in its capacity as a Remote Australia Employment Service provider) is recorded in the Employment Department’s Information Technology system as the person’s employment services provider.\n\n6  Declared program participants\n\n (1) Subject to sections 7 and 8, for the purposes of subsection 28C(1) of the Act, a person is a declared program participant if the person:\n\n (a) has claimed or is receiving a relevant payment; and\n\n (b) is serviced by a Remote Australia Employment Service provider.\n\n (2) For the purposes of this section, a person is taken to be receiving a relevant payment during a period in which the person’s relevant payment is:\n\n (a) payable;\n\n (b) not payable; or\n\n (c) reduced to nil.\n\n7  When a person becomes a declared program participant\n\n (1) If a person:\n\n (a) has claimed or is receiving a relevant payment; and\n\n (b) is serviced by a Remote Australia Employment Service provider on the day on which this determination commences;\n\n  the person becomes a declared program participant on that day.\n\n (2) If a person:\n\n (a) has claimed or is receiving a relevant payment; and\n\n (b) begins to be serviced by a Remote Australia Employment Service provider after the commencement of this determination;\n\n  the person becomes a declared program participant on the day after the day on which the Remote Australia Employment Service provider (in its capacity as a Remote Australia Employment Service provider) becomes recorded as the person’s employment services provider in the Employment Department’s Information Technology System.\n\n (3) For the purposes of this section, a person is taken to be receiving a relevant payment during a period in which the person’s relevant payment is:\n\n (a) payable;\n\n (b) not payable; or\n\n (c) reduced to nil.\n\n8  When a person ceases to be a declared program participant\n\n  A person ceases to be a declared program participant at the end of the day on which a Remote Australia Employment Service provider (in its capacity as a Remote Australia Employment Service provider) ceases to be recorded as the person’s employment services provider in the Employment Department’s Information Technology System.\n\n9  Effect of becoming or ceasing to be a declared program participant during a period in which a participation payment is not payable\n\n (1) If:\n\n (a) a person is not a declared program participant;\n\n (b) the Secretary makes a determination under Division 3AA of Part 3 of the Administration Act in relation to the person (other than a determination under paragraphs 42AF(2)(d) or 42AG(1)(b), or subsections 42AH(1) or 42AH(2) of the Administration Act);\n\n (c) the determination results in a participation payment not being payable to the person for a period;\n\n (d) the person subsequently becomes a declared program participant; and\n\n (e) the period has not ended on the day the person becomes a declared program participant;\n\n  then the period is taken to have ended on the day before the day the person becomes a declared program participant.\n\n (2) If the period in paragraph 1(c) is taken to have ended under subsection (1), then, for the purposes of (but subject to) the social security law, the participation payment is taken to be payable to the person from the start of the period.\n\nNote 1: Determinations under paragraphs 42AF(2)(d) and 42AG(1)(b) and subsection 42AH(1) of the Administration Act result in the cancellation of a person's payment, and participation payments not being payable to the person for a ‘post‑cancellation non‑payment period’: see section 42AP of the Administration Act. The effect of becoming a declared program participant during this period is dealt with in section 14 of this determination.\n\nNote 2: A determination under subsection 42AH(2) of the Administration Act results in participation payments not being payable to the person for an ‘unemployment preclusion period’. The effect of becoming a declared program participant during this period is dealt with in subsection 12(1) of this determination.\n\n (3) If:\n\n (a) a person is a declared program participant;\n\n (b) either before or after the person becomes a declared program participant, the Secretary makes a determination under Division 3A of Part 3 of the Administration Act in relation to the person (other than a determination under sections 42M, 42N and 42NC or subsection 42S(1) of the Administration Act);\n\n (c) the determination results in a participation payment not being payable to the person for a period;\n\n (d) the person subsequently ceases to be a declared program participant; and\n\n (e) the period has not ended on the day the person ceases to be a declared program participant;\n\n  then the period is taken to have ended on the day before the day the person ceases to be a declared program participant.\n\n (4) If the period in paragraph 3(c) is taken to have ended under subsection (3), then, for the purposes of (but subject to) the social security law, the participation payment becomes payable to the person for that period.\n\nNote 1: Determinations under sections 42M, 42N and 42NC of the Administration Act result in a participation payment not being payable to the person for a ‘serious failure period’: see section 42P of the Administration Act. The effect of ceasing to be a declared program participant during this period is dealt with in subsections 12(2) and 12(3) of this determination.\n\nNote 2: A determination under subsection 42S(1) of the Administration Act results in a participation payment not being payable to the person for an ‘unemployment non‑payment period’. The effect of ceasing to be a declared program participant during this period is dealt with in subsection 12(4) of this determination.\n\n10  Reconnection requirements taken to be complied with when a person becomes a declared program participant\n\n  If:\n\n (a) a person is not a declared program participant;\n\n (b) the Secretary imposes a reconnection requirement on the person under section 42AM of the Administration Act (the reconnection requirement);\n\n (c) the person subsequently becomes a declared program participant; and\n\n (d) on the day the person becomes a declared program participant:\n\n (i) the person has not complied with the reconnection requirement;\n\n (ii) the person’s suspension period has not been ended early under paragraph 42AL(3)(b) of the Administration Act; and\n\n (iii) a period of 4 weeks has not elapsed since the person was notified of the reconnection requirement under subsection 42AM(2) of the Administration Act;\n\n  then the person is taken, on the day before the day the person becomes a declared program participant, to have complied with the reconnection requirement.\n\n11  Reconnection requirements and further reconnection requirements taken to be complied with when a person ceases to be a declared program participant\n\n  If:\n\n (a) a person is a declared program participant;\n\n (b) either before or after the person becomes a declared program participant, the Secretary imposes:\n\n (i) a reconnection requirement on the person under section 42G of the Administration Act (the reconnection requirement); or\n\n (ii) a further reconnection requirement on the person under section 42J of the Administration Act (the further reconnection requirement); and\n\n (c) the person subsequently ceases to be a declared program participant; and\n\n (d) on the day the person ceases to be a declared program participant:\n\n (i) the person has not complied with the reconnection requirement or further reconnection requirement; and\n\n (ii) the period for complying with the reconnection requirement or further reconnection requirement has not elapsed;\n\n  then the person is taken, on the day before the day the person ceases to be a declared program participant, to have complied with the reconnection requirement or further reconnection requirement\n\n12  Effect of becoming or ceasing to be a declared program participant during a period in which a participation payment is not payable for certain failures\n\n  Unemployment preclusion period\n\n (1) If:\n\n (a) a person is not a declared program participant;\n\n (b) the person makes a claim for a participation payment;\n\n (c) the Secretary makes a determination under subsection 42AH(2) of the Administration Act in relation to the person;\n\n (d) the determination results in a participation payment not being payable to the person for a period (the unemployment preclusion period);\n\n (e) the person subsequently becomes a declared program participant; and\n\n (f) the unemployment preclusion period has not ended on the day the person becomes a declared program participant;\n\n  then:\n\n (g) a participation payment (whether or not the same as the participation payment that was claimed) is not payable to the person; and\n\n (h) section 42AQ of the Administration Act (with the exception of paragraph 42AQ(a)) applies to the person as though the person was not a declared program participant;\n\n  for the unemployment preclusion period.\n\n  Serious failure period\n\n (2) If:\n\n (a) a person is a declared program participant;\n\n (b) either before or after the person becomes a declared program participant, the Secretary makes a determination under sections 42M or 42N and a determination under section 42NC of the Administration Act in relation to a person;\n\n (c) the determination or determinations result in the person’s participation payment not being payable for a period under subsection 42P(1) (the serious failure period);\n\n (d) the person subsequently ceases to be a declared program participant; and\n\n (e) the person’s serious failure period has not ended on the day the person ceases to be a declared program participant;\n\n  then:\n\n (f) a participation payment (whether or not the same as the participation payment that was claimed) is not payable to the person; and\n\n (g) sections 42Q, 42R, 131 and 145 of the Administration Act apply to the person as though the person remained a declared program participant;\n\n  for the person’s serious failure period.\n\n (3) If, in relation to a person to whom subsection (2) applies:\n\n (a) the Secretary imposes a serious failure requirement on the person under subsection 42P(3) of the Administration Act (the serious failure requirement); and\n\n (b) on the day the person’s serious failure period ends, the person has not satisfied the serious failure requirement;\n\n  then the person is taken, on the day the person’s serious failure period ends, to have satisfied the serious failure requirement.\n\n  Unemployment non‑payment period\n\n (4) If:\n\n (a) a person is a declared program participant;\n\n (b) either before or after the person becomes a declared program participant, the Secretary makes a determination under subsection 42S(1) of the Administration Act in relation to the person;\n\n (c) the determination results in the person’s participation payment not being payable for a period (the unemployment non‑payment period);\n\n (d) the person subsequently ceases to be a declared program participant; and\n\n (e) the unemployment non‑payment period has not ended on the day the person ceases to be a declared program participant;\n\n  then:\n\n (f) a participation payment (whether or not the same as the participation payment that was claimed) is not payable to the person; and\n\n (g) subsection 42S(4) and sections 131 and 145 of the Administration Act apply to the person as though the person remains a declared program participant;\n\n  for the person’s unemployment non‑payment period.\n\n13  Effect of becoming or ceasing to be a declared program participant during an instalment period in which an instalment is to be reduced or a penalty is to be deducted\n\n (1) If:\n\n (a) a person is not a declared program participant;\n\n (b) the Secretary makes a determination under Division 3AA of Part 3 of the Administration Act in relation to the person;\n\n (c) the determination results in the reduction of an instalment of the person’s participation payment for one or more instalment periods (the reduction period);\n\n (d) the person subsequently becomes a declared program participant; and\n\n (e) the reduction period has not ended on the day the person becomes a declared program participant;\n\n  then:\n\n (f) the instalment of the person’s participation payment for one or more instalment periods is to be reduced in accordance with the provisions in Division 3AA; and\n\n (g) subsection 42AN(6) of the Administration Act applies to the person as though the person was not a declared program participant until the end of the reduction period.\n\n (2) If:\n\n (a) a person is a declared program participant;\n\n (b) either before or after the person becomes a declared program participant, the Secretary makes a determination under Division 3A of Part 3 of the Administration Act in relation to the person;\n\n (c) the determination results in the deduction of a penalty amount from an instalment of the person’s participation payment for one or more instalment periods (the penalty amount period);\n\n (d) the person subsequently ceases to be a declared program participant; and\n\n (e) the penalty amount period has not ended on the day the person ceases to be a declared program participant;\n\n  then:\n\n (f) the penalty amount is to be deducted in accordance with the provisions in Division 3A; and\n\n (g) sections 42W and 42X of the Administration Act apply to the person as though the person remains a declared program participant until the end of the penalty amount period.\n\n14  Effect of becoming a declared program participant during a period in which a participation payment is cancelled\n\n  If:\n\n (a) a person is not a declared program participant;\n\n (b) the Secretary makes a determination under Division 3AA of Part 3 of the Administration Act in relation to a person;\n\n (c) the determination results in the cancellation of the person’s payment and participation payments not being payable to the person for a period (the post‑cancellation non‑payment period);\n\n (d) the person subsequently becomes a declared program participant; and\n\n (e) the person’s post‑cancellation non‑payment period has not ended on the day the person becomes a declared program participant;\n\n  then:\n\n (f) the participation payment remains cancelled;\n\n (g) a participation payment (whether or not the same as the participation payment that was cancelled) is not payable to the person; and\n\n (h) subsection 42AP(6) and section 42AQ of the Administration Act apply to the person as though the person was not a declared program participant;\n\n  for the person’s post‑cancellation non‑payment period.\n\n\n\n\nSchedule 1—Repeals\n\nSocial Security (Declared Program Participant) Determination 2018\n\n1  The whole of the determination\n\nRepeal the determination.\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"},"summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument remakes and replaces a 2018 determination of the same name. It updates the provisions for declared program participants without changing the underlying policy setting for the broader social security system."},"complexity_factors":["Interlocking provisions of the Social Security Act 1991 and the Social Security (Administration) Act 1999","Detailed rules for multiple types of non‑payment periods (unemployment preclusion, serious failure, unemployment non‑payment, post‑cancellation non‑payment)","Different consequences depending on whether a person is becoming or ceasing to be a declared program participant","Technical cross‑references to various compliance determinations and penalties"],"plain_english_summary":"This instrument replaces the 2018 Determination and creates a special class—“declared program participants”—for JobSeeker, participation payment and certain disability recipients recorded as serviced by a Remote Australia Employment Service provider. It fixes when that status starts and ends and prescribes how existing compliance outcomes (non‑payment periods, penalties, reconnection requirements) carry over or cease when people move into or out of the remote program, preventing duplicate or conflicting penalties between compliance regimes."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the Social Security (Declared Program Participant) Determination 2018 (which is repealed in Schedule 1). The scope remains limited to managing the transition of job seekers into and out of the Remote Australia Employment Service program and handling their existing compliance penalties. The 2025 version appears to maintain the same functional scope as its predecessor, updating the legislative instrument without expanding into new policy areas."},"complexity_factors":["Heavy cross-referencing to the Social Security Act 1991 and Social Security (Administration) Act 1999 (at least 15 specific external sections cited)","Nested conditional logic with multiple prerequisites (sections 9-14 each contain 4-6 cumulative conditions that must all be met)","Multiple overlapping penalty regimes referenced (unemployment preclusion periods, serious failure periods, unemployment non-payment periods, post-cancellation non-payment periods, reduction periods, penalty amount periods)","Deeming provisions that treat events as happening on different days than they actually occur (e.g., 'taken to have ended on the day before')","Dual-direction rules (separate provisions for entering vs. exiting the program, each with different consequences)","9 defined terms in the Act/Administration Act plus 3 additional defined terms in the determination itself","Exception-to-exception structure (general rule → exception for serious failures → exception to that exception in section 12(3))"],"plain_english_summary":"This determination sets special rules for people on unemployment benefits who are serviced by the Remote Australia Employment Service (RAES) — a program for job seekers in remote areas.\n\n**What it does:**\n- Creates a new category called \"declared program participants\" — these are people getting unemployment benefits (like JobSeeker) or Disability Support Pension who are registered with a Remote Australia Employment Service provider.\n- **Protects people joining the program:** If someone has their payments suspended or penalised for not meeting job search requirements, those penalties generally stop when they become a declared program participant. They're treated as having complied with reconnection requirements.\n- **Protects people leaving the program:** If someone stops being a declared program participant, any pending penalties or requirements they had while in the program are wiped clean.\n- **Exceptions for serious misconduct:** If someone has committed a \"serious failure\" (refusing work without good reason) or is serving an \"unemployment preclusion period\" (penalty for voluntarily leaving a job), those penalties continue even if they join or leave the RAES program.\n\n**Who it affects:**\n- Job seekers in remote Australia who are moved onto the Remote Australia Employment Service.\n- People currently serving penalties who are transferred into or out of this program.\n\n**Why it matters:**\nThis prevents people from being unfairly punished when they move between different employment services systems. Without these rules, someone switching to the remote service could be stuck with old penalties, or someone leaving could face penalties they incurred while in the program. It ensures a \"clean slate\" when people enter or exit the remote employment service, except for the most serious misconduct cases."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This determination repeals the Social Security (Declared Program Participant) Determination 2018 (Schedule 1) and re‑establishes who is a 'declared program participant' and how that status interacts with payment suspensions, reconnection requirements, instalment reductions, penalties and cancellations. Because it replaces the 2018 instrument, the legal instrument in force has changed; determining whether the substantive scope of who is captured or the practical effects differ requires a direct comparison with the repealed 2018 text."},"complexity_factors":["Extensive cross‑references to multiple provisions of the Social Security (Administration) Act 1999 (e.g. sections 42AM, 42AH(2), 42M, 42N, 42NC, 42P, 42S) that change outcomes depending on the type of determination.","Numerous conditional timing rules about when status starts/ends (sections 7–8) tied to departmental IT records, creating operational dependence on system accuracy.","Different legal consequences depending on the type of non‑payment period (unemployment preclusion, serious failure, unemployment non‑payment, post‑cancellation non‑payment) with separate treatment for reconnection, penalties and cancellations (sections 9–14).","Use of deeming clauses that take reconnection or serious‑failure requirements to be complied with on the day before status changes (sections 10–12) — these create counterfactual legal effects that may complicate administration and appeals.","Interaction between obligations on claimants, decisions by the Secretary, and recorded provider arrangements increases administrative discretion and compliance burden.","Repeal of the earlier 2018 Determination (Schedule 1) requires a textual comparison to identify substantive changes to scope or effect."],"plain_english_summary":"This instrument declares people who receive a participation payment or the disability support pension and who are serviced by a Remote Australia Employment Service provider to be “declared program participants.” It fixes exactly when that status starts and ends, and sets how the status alters payment suspensions, reconnection requirements, instalment reductions, penalty deductions and cancelled payments. The rules depend on departmental records in the Employment Department’s IT system and on determinations made under the Administration Act."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-declared-program-participant-determination-2025","history":"/api/acts/social-security-declared-program-participant-determination-2025/history","analysis":"/api/acts/social-security-declared-program-participant-determination-2025/analysis","conflicts":"/api/acts/social-security-declared-program-participant-determination-2025/conflicts","importantCases":"/api/acts/social-security-declared-program-participant-determination-2025/important-cases","documents":"/api/acts/social-security-declared-program-participant-determination-2025/documents"}}