{"id":"F2021L00064","name":"Social Security (Parenting payment participation requirements – class of persons) Instrument 2021","slug":"social-security-parenting-payment-participation-requirements-class-of-persons-instrument-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440755,"registerId":"F2021L00064-fast-fetch-1775956279564","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Parenting payment participation requirements – class of persons) Instrument 2021","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![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSocial Security (Parenting payment participation requirements – class of persons) Instrument 2021\n\nI, Michaelia Cash, Minister for Employment, Skills, Small and Family Business, make the following instrument.\n\nDated 19 January 2021   \n\nMichaelia Cash  \n\nMinister for Employment, Skills, Small and Family Business\n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Schedules.............................................2\n\n6 Class of persons - Compulsory Participant..........................2\n\n \n\n \n\nSchedule 1—Repeals 3\n\nSocial Security (Parenting payment participation requirements – classes of persons) Instrument 2018 (No. 1) \n\n \n\n \n\n1  Name\n\n  This instrument is the Social Security (Parenting payment participation requirements – class of persons) Instrument 2021\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. Each provision in this instrument. 1 July 2021 1 July 2021\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 500(2) of the Social Security Act 1991.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) income support payment;  \n\n(b)  parenting payment; and\n\n(c) PP child.\n\n  In this instrument:\n\nAct means the Social Security Act 1991.\n\nearly school leaver means a person who is under 22 years of age and has not completed the final year of school.\n\nfinal year of school means final year of secondary school or equivalent level of education.\n\njobactive employment region means a geographical region in Australia in which employment services were delivered by one or more jobactive employment service providers on 1 December 2020.\n\nwork means: \n\n1.      work which generates employment income; or\n2.      work where the person carries on a business, and where the most recent information reported to Services Australia in relation to the profitability of the business was that the business was generating a profit.\n\n\n \n\nNote: See the definition of employment income in subsection 8(1) of the Act.\n\n5  Schedules\n\n  The instrument that is specified in Schedule 1 is repealed as set out in item 1 to the Schedule.\n\n6  Class of persons – Compulsory Participant\n\n (1) For subsection 500(2) of the Act, a person is in a specified class of persons if, on a particular day on or after 1 July 2021, the person:\n\n (a) resides in a jobactive employment region;\n\n (b) has been receiving parenting payment (partnered or single) for a continuous period of at least 6 months immediately prior to the day;\n\n (c)  has a youngest PP child who is at least 9 months and under 6 years of age;\n\n (d)  has not engaged in work in the 6 month period immediately prior to the day;\n\n (e) is under 55 years of age; and\n\n (f)  the person:\n\n (i) is an early school leaver; or\n\n (ii) is at least 22 years of age; and\n\n1.     has not completed the final year of school; and\n2.     has been receiving an income support payment, or a combination of income support payments, for a continuous period of at least 2 years immediately prior to the day; or\n\n\n  (iii)  has completed the final year of school and has been receiving an income support payment, or a combination of income support payments, for a continuous period of at least 4 years immediately prior to the day. \n\n \n\n               (2) Despite subsection 6(1), a person will cease to be in this specified class of persons if, the person ceases to meet the requirements of subsection 6(1)(a), 6(1)(c) or 6(1)(e).\n\n \n\n \n\nNote: For calculation of a continuous period of receipt of income support payments, see section 38B of the Act.\n\n \n\n \n\n \n\nSchedule 1—Repeals\n\nSocial Security (Parenting payment participation requirements – classes of persons) Instrument 2018 (No. 1)\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n\n \n","sortOrder":0}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument appears to maintain the same scope as its predecessor (the 2018 instrument it repeals). It continues to define the class of Parenting Payment recipients subject to compulsory participation requirements. The structure and purpose remain consistent with the original intent under subsection 500(2) of the Social Security Act 1991."},"complexity_factors":["Multiple nested conditions in section 6(1) with six primary criteria and three alternative sub-criteria under criterion (f)","Cross-references to external definitions in the Social Security Act 1991 (income support payment, parenting payment, PP child, employment income)","Defined terms within the instrument itself (early school leaver, final year of school, jobactive employment region, work)","Temporal calculations required (continuous periods of 6 months, 2 years, 4 years)","Conditional cessation rule in subsection 6(2) that overrides the main definition","Repeal of a previous instrument requiring comparison with superseded law for full context"],"plain_english_summary":"This law defines which Parenting Payment recipients must meet participation requirements—looking for work, training, or other employment activities—by setting age, residency, work history and income‑support duration tests. It targets parents in jobactive regions who've been on Parenting Payment ≥6 months, with youngest child 9 months–under 6, no recent work, under 55, and who meet specified schooling and income‑support duration criteria. It matters because it determines when the government can compel job‑seeking or training and replaces the 2018 rules."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument repeals the entire 2018 classes instrument (Schedule 1) and replaces it with a single, more tightly specified class of compulsory participants (s6). It narrows applicability to parenting-payment recipients meeting specified combinations of residence, payment-duration, youngest-child age, recent non-engagement in work, claimant age and education/income-support history, and it sets a clear commencement date of 1 July 2021 (s2, s6). Administratively, this alters who Services Australia must enrol and monitor under participation requirements."},"complexity_factors":["Multiple conjunctive eligibility criteria combine geography, payment duration, child's age, recent work activity, claimant age and education/income-support history (s6(1)).","Key terms are defined in the instrument and the Act, requiring cross-reference to external definitions (definitions section; note references to Act).","Calculation of continuous periods of receipt requires reference to section 38B of the Social Security Act 1991 (note after s6).","‘jobactive employment region’ is fixed to providers’ delivery on a past date (1 Dec 2020), creating a temporal/geographical complexity (definition of jobactive employment region in s4).","The definition of ‘work’ includes business profit reporting, adding administrative verification tasks (definition of work in s4).","Cessation rule removes persons from the class if they cease to meet certain criteria, requiring ongoing monitoring (s6(2)).","Instrument repeals the prior 2018 classes instrument, so administrators must map transitions and changes in scope (Schedule 1).","Commencement is uniform and prospective but the instrument also uses phrasing ‘on or after’ which affects application timing (s2).","Legal authority is a delegated instrument under subsection 500(2) of the Social Security Act 1991, so its operation depends on that statutory power (s3)."],"plain_english_summary":"This instrument (commencing 1 July 2021) sets who must participate in employment activities while receiving Parenting Payment. It defines a specific class of parenting-payment recipients — based on where they live, how long they’ve been on payments, their youngest child’s age, recent work history, age and education/income-support history — who may be required to engage with employment services. Services Australia and the Minister administer the rule; affected recipients face new participation and reporting obligations and associated compliance costs."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-parenting-payment-participation-requirements-class-of-persons-instrument-2021","history":"/api/acts/social-security-parenting-payment-participation-requirements-class-of-persons-instrument-2021/history","analysis":"/api/acts/social-security-parenting-payment-participation-requirements-class-of-persons-instrument-2021/analysis","conflicts":"/api/acts/social-security-parenting-payment-participation-requirements-class-of-persons-instrument-2021/conflicts","importantCases":"/api/acts/social-security-parenting-payment-participation-requirements-class-of-persons-instrument-2021/important-cases","documents":"/api/acts/social-security-parenting-payment-participation-requirements-class-of-persons-instrument-2021/documents"}}