{"id":"F2026L00358","name":"Social Security (Fares Allowance for Private Transport) Determination 2026","slug":"social-security-fares-allowance-for-private-transport-determination-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107959,"registerId":"commonwealth-F2026L00358-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Social Security (Fares Allowance for Private Transport) Determination 2026.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n 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

The day after this instrument is registered.

\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 Note: This table relates only to the provisions of this instrument as originally made.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 1061ZAAK(8) of the Social Security Act 1991.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Fares allowance for travel by taxi","content":"#### 4 Fares allowance for travel by taxi\n\n The amount referred to in subsection 1061ZAAK(3) of the Social Security Act 1991 is varied to the rate of cents per kilometre for cars for an income year determined, from time to time, by legislative instrument under subsection 28-25(4) of the Income Tax Assessment Act 1997.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Fares allowance for travel by another vehicle","content":"#### 5 Fares allowance for travel by another vehicle\n\n In subsection 1061ZAAK(4) of the Social Security Act 1991, omit the table and substitute:\n\n| Vehicle | Rate of fares allowance per kilometre |\n| -------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| All private vehicles (excluding taxis) | The rate of cents per kilometre for cars for an income year determined, from time to time, by legislative instrument under subsection 28-25(4) of the Income Tax Assessment Act 1997 |\n\nNote: The name of this document was amended on registration to include the year of its making (see section 12, Legislation Rules 2026).","sortOrder":4}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow purpose of setting rates for the fares allowance. It does not expand the eligibility criteria, add new categories of transport, or alter the underlying scheme. The change from fixed rates to a dynamic reference to the ATO rate is a methodological update, not a scope expansion."},"complexity_factors":["Very short instrument (5 sections, approximately 1 page)","Only 2 substantive provisions (sections 4 and 5)","No defined terms section","Simple cross-reference to external legislation (ATO's cents per kilometre rate)","Straightforward substitution of a table with a single uniform rate","No conditional logic, exceptions, or nested provisions"],"plain_english_summary":"This instrument updates fares allowance reimbursements for eligible Centrelink recipients who use private vehicles (including taxis) for medical or approved travel by tying the payable kilometre rate to the Australian Taxation Office’s annual cents‑per‑kilometre car rate. \n\nThat unifies old variable rates into one annually updating rate so payments track ATO changes (e.g., fuel and inflation) without needing yearly legislation."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument does not expand or restrict who may claim fares allowance; it changes how allowance amounts are set by tying both taxi and private vehicle rates to the ITAA 'cents per kilometre' rate and replacing the previous table with a single standardised rule (secs 4–5). The change is procedural (calculation basis), not an eligibility change; it takes effect the day after registration (sec 2)."},"complexity_factors":["Direct cross‑reference to an external tax legislative instrument (Income Tax Assessment Act 1997, subsection 28‑25(4)) creates operational coupling and requires administrators to monitor changes (secs 4–5).","The instrument replaces an existing rate table with a single rule applying the tax cents‑per‑kilometre rate to all private vehicles (excluding taxis) (sec 5), which standardises but changes the calculation mechanism.","Made under a specific Social Security Act power (subsection 1061ZAAK(8)), so legal authority is narrow and instrument‑specific (sec 3).","Commencement is immediate: the whole instrument starts the day after registration, which imposes a near‑term implementation timetable on administrators (sec 2).","Low substantive drafting complexity (few provisions) but practical complexity arises from the need to align social security payment systems with tax instrument updates.","Limited administrative discretion — the instrument fixes the rate source externally, reducing policy discretion over the allowance amount but increasing dependency on another instrument."],"plain_english_summary":"**What it changes:** Mechanically, this instrument sets the social security fares allowance for taxi and private vehicle travel to the 'cents per kilometre for cars' rate determined under subsection 28‑25(4) of the Income Tax Assessment Act 1997. \n\nIt affects social security recipients who claim transport fares by tying allowance amounts to that tax‑based rate, so the tax legislative instrument determines the monetary rate and administrators must apply its updates."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-fares-allowance-for-private-transport-determination-2026","history":"/api/acts/social-security-fares-allowance-for-private-transport-determination-2026/history","analysis":"/api/acts/social-security-fares-allowance-for-private-transport-determination-2026/analysis","conflicts":"/api/acts/social-security-fares-allowance-for-private-transport-determination-2026/conflicts","importantCases":"/api/acts/social-security-fares-allowance-for-private-transport-determination-2026/important-cases","documents":"/api/acts/social-security-fares-allowance-for-private-transport-determination-2026/documents"}}