{"id":"F2022L00067","name":"Social Security (Essential Medical Equipment Payment – Residences) Specification 2022","slug":"social-security-essential-medical-equipment-payment-residences-specification-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441182,"registerId":"F2022L00067-fast-fetch-1775956545765","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Essential Medical Equipment Payment – Residences) Specification 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL:Sensitive]\"\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 (Essential Medical Equipment Payment – Residences) Specification 2022\n\nI, Anne Ruston, Minister for Families and Social Services, make the following Specification.\n\nDated 21 January 2022   \n\nAnne 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  Definitions\n\n5  Residences\n\n \n\n \n\n1  Name\n\n  This instrument is the Social Security (Essential Medical Equipment Payment – Residences) Specification 2022.\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 The whole of this instrument 1 April 2022\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 paragraph 917C(3)(c) of the Social Security Act 1991.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Social Security Act 1991.\n\n5  Residences\n\n1.   Every residence located in Australia that is not a private residence, but is a person’s home is a specified residence for the purposes of paragraph 917C(1)(a) and (b) of the Act except for the following:\n\n\n1.     Residences in which the person is in residential care for the purposes of the Act;\n2.     Hospitals or other medical facilities;\n3.     Residential rehabilitation centres;\n4.     Gaol, or any place in which a person may be lawfully detained while under sentence for conviction of an offence and not on release on parole or licence;\n5.     Detention centres.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs a narrow, technical function as authorised by the Social Security Act 1991. It precisely defines 'specified residences' for the Essential Medical Equipment Payment without expanding beyond this specific purpose. The scope remains tightly constrained to its original legislative intent."},"complexity_factors":["Very short document (5 sections, approximately 1 page)","Only 1 defined term ('Act')","Single operative provision (section 5) with straightforward logic: broad inclusion followed by 5 specific exclusions","No cross-references to other legislation beyond the enabling provision (paragraph 917C(3)(c) of the Social Security Act 1991)","No conditional logic, nested exceptions, or temporal provisions","Plain language drafting with minimal legal jargon"],"plain_english_summary":"This instrument defines which residences qualify for the Essential Medical Equipment Payment — a government payment to help people in Australia with high electricity costs from essential medical equipment. It applies only where the dwelling is the person's home but not a private residence, covering supported, institutional or other non‑standard accommodation.\n\nIt excludes residents of residential aged‑care, hospitals/medical facilities, residential rehabilitation centres and prisons or detention centres (including youth and immigration detention), preventing overlap with services that already cover care and costs."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This specification narrows and clarifies the class of residences treated as \"specified residences\" for the Essential Medical Equipment Payment by affirmatively including every non‑private residence that is a person’s home while excluding particular institutional settings (see s5). Practically, it excludes residential aged‑care, hospitals, rehabilitation centres, gaols and detention centres from eligibility and shifts the administrative task onto agencies to determine whether a given residence falls inside or outside the specified class."},"complexity_factors":["Short instrument with a single operative clause (s5) — low textual complexity but high operational reliance on cross‑references to the Act (paragraph 917C(1)(a),(b) and 917C(3)(c)).","Key terms (eg, \"private residence\", \"person’s home\") are used but not defined in this instrument, creating interpretive dependence on the Act or administrative guidance.","List of categorical exclusions (residential care, hospitals, rehabilitation centres, gaols, detention centres) is straightforward but invites edge‑case assessments (shared facilities, mixed‑use premises).","Operational complexity for administration: agencies must identify and record residence type to determine payment eligibility, which creates compliance and verification burdens.","Limited delegated discretion — designation is fixed in the specification, reducing on‑the‑spot ministerial discretion but increasing reliance on agency fact‑finding."],"plain_english_summary":"This instrument specifies which non-private residences count as \"specified residences\" for the Essential Medical Equipment Payment under the Social Security Act. Mechanically, it treats every Australian residence that is not a private residence but is a person’s home as eligible, subject to listed exclusions. \n\nThe Minister (under paragraph 917C(3)(c)) makes the designation; excluded places include residential care, hospitals, rehabilitation centres, gaols and detention centres. The change clarifies eligibility but requires officials to determine residence type before payments are made."},"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-essential-medical-equipment-payment-residences-specification-2022","history":"/api/acts/social-security-essential-medical-equipment-payment-residences-specification-2022/history","analysis":"/api/acts/social-security-essential-medical-equipment-payment-residences-specification-2022/analysis","conflicts":"/api/acts/social-security-essential-medical-equipment-payment-residences-specification-2022/conflicts","importantCases":"/api/acts/social-security-essential-medical-equipment-payment-residences-specification-2022/important-cases","documents":"/api/acts/social-security-essential-medical-equipment-payment-residences-specification-2022/documents"}}