{"id":"F2016L01955","name":"Social Security (Indigenous Student Assistance Scholarships - Excluded Amounts) Instrument 2016","slug":"social-security-indigenous-student-assistance-scholarships-excluded-amounts-instrument-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439060,"registerId":"F2016L01955-fast-fetch-1775955218326","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Indigenous Student Assistance Scholarships - Excluded Amounts) Instrument 2016","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: 2016.10.13 - DRAFT - Social Security (Excluded Amounts) Instrument - 961\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 - Excluded Amounts) 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 Excluded Amounts .......................................1\n\n \n\n \n\n1  Name\n\n  This instrument is the Social Security (Indigenous Student Assistance Scholarships - Excluded Amounts) 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 \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument This instrument commences at the same time as Schedule 1, Part 1 of the Higher Education Support Legislation Amendment (2016 Measures No. 1) Act 2016. However, this instrument does 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1 of that Act does not commence.\n\n\nNote:          This table relates only to the provisions of this instrument as originally made.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 8(8AAA) of the Act.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Social Security Act 1991.\n\n5 Excluded Amounts  \n\n  The following scholarships are specified for the purposes of subparagraph 8(8)(zja)(ia) of the Act:\n\n1.     the Indigenous Commonwealth Accommodation Scholarship;\n2.     the Indigenous Commonwealth Education Costs Scholarship; and\n3.     the Indigenous Commonwealth Reward Scholarship.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the narrow technical function suggested by its title: specifying excluded amounts for Indigenous student scholarships. There is no scope creep or expansion beyond this original purpose."},"complexity_factors":["Extremely short: only 5 operative sections spanning approximately 1 page","Minimal defined terms: only 1 definition ('Act')","No cross-references to other legislation beyond the parent Act citation","No conditional logic, exceptions, or nested provisions","Simple list structure in section 5 with three enumerated items","Straightforward commencement provision linking to external Act commencement"],"plain_english_summary":"This instrument declares three Commonwealth Indigenous scholarships (Accommodation, Education Costs, and Reward) to be excluded amounts for social security, so those payments are not counted as income when Centrelink assesses welfare.\n\nThat ensures Aboriginal and Torres Strait Islander students receiving these scholarships won’t have Youth Allowance, Austudy, JobSeeker or similar payments reduced because of the scholarship."},"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":false,"description":"This instrument does not alter the substantive scope of the Social Security Act; it implements an exclusion by specifying three scholarships as excluded amounts (instrument s5) under the Act (authority cited in instrument s3). It clarifies which payments are not counted for means testing rather than expanding or contracting the Act’s definitions."},"complexity_factors":["Direct cross‑reference to the Social Security Act 1991 (subparagraph 8(8)(zja)(ia)) requires readers to consult primary legislation to see the legal effect.","Commencement is conditional on the commencement of Schedule 1, Part 1 of another Act (Higher Education Support Legislation Amendment (2016 Measures No. 1) Act 2016), creating a timing dependency.","Narrow, enumerated scope: only three specifically named scholarships are affected (instrument s5), limiting but tightly focused application.","Made by delegated officer (Group Manager, Payments Policy Group) under subsection 8(8AAA) of the Act (instrument s3), so administrative power and discretion are relevant.","Minimal definitions and short operative text reduce interpretive complexity but transfer practical effect to benefit‑assessment processes."],"plain_english_summary":"This instrument names three Indigenous Commonwealth scholarships as “excluded amounts” under the Social Security Act 1991 so those scholarship payments are not counted when assessing social security entitlements. It affects recipients of the Indigenous Commonwealth Accommodation, Education Costs and Reward Scholarships and the Department officers who assess benefits; the Department’s delegate makes the declaration and the exclusion takes effect when a linked higher‑education amendment commences."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-indigenous-student-assistance-scholarships-excluded-amounts-instrument-2016","history":"/api/acts/social-security-indigenous-student-assistance-scholarships-excluded-amounts-instrument-2016/history","analysis":"/api/acts/social-security-indigenous-student-assistance-scholarships-excluded-amounts-instrument-2016/analysis","conflicts":"/api/acts/social-security-indigenous-student-assistance-scholarships-excluded-amounts-instrument-2016/conflicts","importantCases":"/api/acts/social-security-indigenous-student-assistance-scholarships-excluded-amounts-instrument-2016/important-cases","documents":"/api/acts/social-security-indigenous-student-assistance-scholarships-excluded-amounts-instrument-2016/documents"}}