{"id":"F2016L01953","name":"Social Security (Indigenous Student Assistance Scholarships – Disqualifying Scholarships) Instrument 2016","slug":"social-security-indigenous-student-assistance-scholarships-disqualifying-scholarships-instrument-201","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439056,"registerId":"F2016L01953-fast-fetch-1775955216178","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Indigenous Student Assistance Scholarships – Disqualifying Scholarships) Instrument 2016","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![](image.001.jpeg)\n\n \n\nSocial Security (Indigenous Student Assistance Scholarships - Disqualifying Scholarships) Instrument 2016\n\n \n\n \n\n \n\nI, Cath Halbert, Group Manager, Payments Policy Group, as delegate of the Secretary of the Department of Social Services, make the following instrument.\n\nDated  13 December 2016   \n\nCATH HALBERT  \n\nDelegate of the Secretary of the Department of Social Services\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Disqualifying accommodation scholarship\n\n6  Disqualifying education costs scholarship\n\n \n\n \n\n1  Name\n\n  This instrument is the Social Security (Indigenous Student Assistance Scholarships – Disqualifying Scholarships) Instrument 2016.\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- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument At the same time as Schedule 1, Part 1 of the Higher Education Support Legislation Amendment (2016 Measures No. 1) Act 2016 commences. However, the provisions do not commence at all if Schedule 1, Part 1 of that Act does not commence.\n\n\nNote:  This table relates only to the provisions of this instrument as originally made.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 subsection 23(24) of the Act.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Social Security Act 1991.\n\ndisqualifying accommodation scholarship has the same meaning as in the Act.\n\ndisqualifying education costs scholarship has the same meaning as in the Act.\n\n5  Disqualifying accommodation scholarship\n\n  For the purposes of subparagraph (a)(ii) of the definition of disqualifying accommodation scholarship in subsection 23(1) of the Act, the Indigenous Commonwealth Accommodation Scholarship is specified as a disqualifying accommodation scholarship.\n\n6  Disqualifying education costs scholarship\n\n  For the purposes of subparagraph (a)(ii) of the definition of disqualifying education costs scholarship in subsection 23(1) of the Act, the Indigenous Commonwealth Education Costs Scholarship is specified as a disqualifying education costs scholarship.\n\n \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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument expands the scope of what counts as a disqualifying scholarship under subsection 23(1) of the Social Security Act by specifying two Indigenous scholarships (see clauses 5–6). As a result, those scholarships are now within the category that can affect social security eligibility and must be accounted for in entitlement assessments; commencement is tied to the Higher Education Support Legislation Amendment (2016 Measures No. 1) Act 2016."},"complexity_factors":["Narrow, targeted instrument that only designates two named scholarships as \"disqualifying\" (low textual complexity).","Relies on cross-reference to the definition of disqualifying scholarships in subsection 23(1) of the Social Security Act (legal cross-reference required for full effect).","Commencement is conditional on a separate Act’s schedule commencing, creating a dependency on external legislation.","Made under delegated authority (subsection 23(24) of the Act), indicating limited policy discretion in the instrument itself.","Practical effect concerns social security eligibility, income and asset treatment, and recipient reporting — operational complexity for administrators and affected students.","No detailed application rules in the instrument; application depends on existing Social Security Act rules and Departmental processes."],"plain_english_summary":"This instrument names two Indigenous student scholarships—the Indigenous Commonwealth Accommodation Scholarship and the Indigenous Commonwealth Education Costs Scholarship—as \"disqualifying\" for social security purposes. Mechanically, that means those payments are treated in a way that can affect a recipient’s eligibility for certain social security payments.\n\nIt is made by a delegate of the Department of Social Services under the Social Security Act and comes into force when a linked schedule of the Higher Education Support Legislation Amendment Act 2016 commences. Recipients will need to have those scholarships considered in social security eligibility and reporting."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs a narrow, technical function exactly as intended. It was created specifically to designate particular Indigenous scholarships as \"disqualifying\" for social security purposes, and it does precisely that without expansion into other areas."},"complexity_factors":["Very short document (only 6 sections, 2 substantive provisions)","Minimal defined terms (only 3 definitions, 2 of which simply reference the parent Act)","No nested conditional logic or exceptions","No cross-references beyond the parent Act and the Higher Education Support Legislation Amendment (2016 Measures No. 1) Act 2016","Straightforward operative provisions (sections 5 and 6) that simply declare two named scholarships as falling within existing definitions","Single purpose instrument with no subordinate provisions or regulatory machinery"],"plain_english_summary":"This instrument designates two Indigenous scholarships—the Indigenous Commonwealth Accommodation Scholarship and the Indigenous Commonwealth Education Costs Scholarship—as “disqualifying” for social security purposes. That means recipients may have those awards treated as income or assistance that can reduce or affect their Centrelink payments. It affects Indigenous students who receive these scholarships and ensures consistent treatment of this support in the social security means test."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-indigenous-student-assistance-scholarships-disqualifying-scholarships-instrument-201","history":"/api/acts/social-security-indigenous-student-assistance-scholarships-disqualifying-scholarships-instrument-201/history","analysis":"/api/acts/social-security-indigenous-student-assistance-scholarships-disqualifying-scholarships-instrument-201/analysis","conflicts":"/api/acts/social-security-indigenous-student-assistance-scholarships-disqualifying-scholarships-instrument-201/conflicts","importantCases":"/api/acts/social-security-indigenous-student-assistance-scholarships-disqualifying-scholarships-instrument-201/important-cases","documents":"/api/acts/social-security-indigenous-student-assistance-scholarships-disqualifying-scholarships-instrument-201/documents"}}