{"id":"F2017L00712","name":"Social Security (Experiencing a Personal Financial Crisis) Instrument 2017","slug":"social-security-experiencing-a-personal-financial-crisis-instrument-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96527,"registerId":"commonwealth-F2017L00712-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Social Security (Experiencing a Personal Financial Crisis) Instrument 2017.","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

1 July 2017.

\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 Note: This table relates only to the provisions of this instrument as originally made.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 subsection 19DA(5) of the Social Security Act 1991.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this Instrument:\n Act means the Social Security Act 1991;\n Administration Act means the Social Security (Administration) Act 1999;\n extreme circumstance includes, but is not limited to:\n (a) a flood;\n (b) a fire;\n (c) an earthquake; and\n (d) a storm;\n humanitarian visa means:\n (a) a Subclass 200 (Refugee) visa;\n (b) a Subclass 201 (In-country Special Humanitarian) visa;\n (c) a Subclass 202 (Global Special Humanitarian) visa;\n (d) a Subclass 203 (Emergency Rescue) visa; and\n (e) a Subclass 204 (Woman at Risk) visa;\n start day means the day worked out in accordance with Schedule 2 to the Administration Act.\n Note: The following expressions are defined in the Act:\n\n in gaol (see subsection 23(5)); and\n psychiatric confinement (see subsection 23(8)).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Experiencing a personal financial crisis","content":"#### 5 Experiencing a personal financial crisis\n\n A person satisfies the circumstances in subsection 19DA(4) of the Act if at some time in the 4 weeks immediately before the person’s start day (worked out disregarding clause 5 of Schedule 2 to the Administration Act):\n (a)the person was in gaol or psychiatric confinement;\n (b)the person:\n (i) first entered Australia; and\n (ii) was the holder of a humanitarian visa on that entry to Australia; or\n (c)the person’s principal place of residence was lost or sustained major damage as a result of an extreme circumstance.","sortOrder":4}],"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument, as made, sets out specific qualifying events and their 4‑week timing. The commencement note states the table relates only to the instrument as originally made and no amendments are recorded here, so there is no indication in the text that the scope has changed from the instrument as originally enacted."},"complexity_factors":["Short, focused instrument with a single operative provision (low structural complexity).","Cross‑references to other statutes: Social Security Act 1991 (s19DA(4)) and Social Security (Administration) Act 1999 (start day, Schedule 2).","Relies on defined expressions in the Act (eg 'in gaol', 'psychiatric confinement'), requiring external interpretation.","Fixed 4‑week timing window creates a precise but administratively sensitive eligibility cutoff.","Enumerated humanitarian visa subclasses reduce ambiguity for that limb, but may require documentary verification.","'Extreme circumstance' is defined by examples and the phrase 'includes, but is not limited to', leaving some administrative discretion on other events.","Operative effect depends on evidence collection and departmental decision‑making, imposing compliance burden on applicants."],"plain_english_summary":"This instrument tells when a person is treated as \"experiencing a personal financial crisis\" for social security start‑day rules. If, within 4 weeks before the person’s start day, they were in gaol or psychiatric confinement, first entered Australia on a listed humanitarian visa, or lost/majorly damaged their principal residence in an extreme event (for example flood, fire, earthquake, storm), they meet subsection 19DA(4).\n\nIt affects new applicants whose start day follows such events by enabling concessional access to payments; the Department decides eligibility using start‑day timing and evidence, so applicants bear the compliance costs of proof."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs a narrow, specific function as delegated legislation: it defines a single phrase ('experiencing a personal financial crisis') for use in the parent Social Security Act. Its scope remains tightly constrained to this definitional purpose, with no evidence of expansion beyond the original intent of providing early access to payments for vulnerable groups."},"complexity_factors":["Very short instrument (only 5 sections, approximately 1 page)","Only 5 defined terms, all straightforward","Single operative provision (section 5) with simple alternative tests (a), (b), or (c)","Minimal cross-referencing (only to parent Act and Administration Act for definitions and start day calculation)","No nested exceptions or conditional logic beyond basic 'or' alternatives","Clear, plain language structure with enumerated lists"],"plain_english_summary":"This law defines when someone is \"experiencing a personal financial crisis\" for social security, so certain Centrelink claims can start earlier than usual. \n\nIt mainly affects people recently released from prison or psychiatric confinement, recent humanitarian-visa arrivals, and those who’ve lost or had homes badly damaged by disasters—letting them access payments sooner when urgent financial help is needed."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-experiencing-a-personal-financial-crisis-instrument-2017","history":"/api/acts/social-security-experiencing-a-personal-financial-crisis-instrument-2017/history","analysis":"/api/acts/social-security-experiencing-a-personal-financial-crisis-instrument-2017/analysis","conflicts":"/api/acts/social-security-experiencing-a-personal-financial-crisis-instrument-2017/conflicts","importantCases":"/api/acts/social-security-experiencing-a-personal-financial-crisis-instrument-2017/important-cases","documents":"/api/acts/social-security-experiencing-a-personal-financial-crisis-instrument-2017/documents"}}