{"id":"F2018L00445","name":"Social Security (Pension Bonus Scheme — Non-accruing Members) Declaration 2018","slug":"social-security-pension-bonus-scheme-non-accruing-members-declaration-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99990,"registerId":"commonwealth-F2018L00445-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Declaration","content":"#### 1 Name of Declaration\n\n  This instrument is the Social Security (Pension Bonus Scheme—Non-accruing Members) Declaration 2018.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Declaration commences on 1 April 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This Declaration is made under subsection 92Q(1) of the Social Security Act 1991.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this Declaration are defined in the Act, including the following:\n\n    (a) in gaol;\n    (b) major disaster;\n    (c) partner;\n    (d) psychiatric confinement.\n  In this Declaration:\n\n> Act means the Social Security Act 1991.\n\n> gainful work has the same meaning as in Part 2.2A of the Act (see section 92B of the Act).\n\npassing the work test has the same meaning as in Part 2.2A of the Act (see section 92B of the Act).\n\n  5 Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Kinds of non-accruing members","content":"#### 6 Kinds of non-accruing members\n\nFor the purposes of subsection 92Q(1) of the Act, each of the following kinds of member of the pension bonus scheme is declared to be a non‑accruing member throughout the period ascertained in accordance with section 7 of this Declaration:\n\n(a) a member who is a CDEP Scheme participant;\n\n(b) a member who is in gaol;\n\n(c) a member who is undergoing psychiatric confinement, because the member has been charged with committing an offence;\n\n(d) a member who, at any time before 1 July 2014, was a person who was not a participant in the workforce and was a person whose partner:\n\n(i) was a participant in the workforce; and\n\n(ii) was not a registered member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and\n\n(iii) had intended to become a registered member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act;\n\n(e) a member who is on paid or unpaid leave of any kind, or combination of kinds, from gainful work and who is unable to pass the work test for a bonus period during which any part of the leave is taken;\n\n(f) a member whose partner is on paid or unpaid leave of any kind, or combination of kinds, from gainful work and whose partner is unable to pass the work test for a bonus period during which any part of the leave is taken;\n\n(g) a member who is:\n\n(i) the surviving member of a couple; and\n\n(ii) undergoing a period of bereavement; and\n\n(iii) unable to pass the work test for a bonus period during which the period of bereavement occurs;\n\n(h) a member who is unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period is reduced by a major disaster;\n\n(i) a member whose partner is a member of either the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act, and:\n\n    (i) if the partner is a member of the pension bonus scheme—the partner is unable to pass the work test for a bonus period because the amount of gainful work available to the partner in the bonus period is reduced by a major disaster; or\n    (ii) if the partner is a member of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act—the partner is unable to pass the work test (within the meaning of that Part) for a bonus period (within the meaning of that Part) because the amount of gainful work available to the partner in the bonus period is reduced by a major disaster.\n\n> Note for paragraphs (h) and (i): For the application of this Declaration in relation to Cyclone Larry, a major disaster that occurred in 2006, see section 8.\n\n7 Period for which member is non-accruing member\n\n(1) A member of the pension bonus scheme to whom a paragraph of section 6 applies is a non-accruing member throughout the period during which the member is a member of the kind mentioned in the paragraph.\n\n(2) A non-accruing period can begin prior to the registration of this Declaration.\n\n  (2A) If the member is of a kind mentioned in paragraph 6(h) or (i), the period during which the amount of gainful work is reduced by a major disaster may include a period during which preparations are made to manage an impending disaster.\n\n> Note: Example: The period during which an evacuation of an area occurs shortly before a cyclone is predicted to reach the area.\n\n> Note: Paragraphs 6(h) and (i) deal with when a member or their partner is unable to pass the work test because of a reduction in the amount of gainful work that is available due to a major disaster.\n\n(3) However, for a member to whom a paragraph of section 6 mentioned in the following table applies, subsection (1) is subject to the time limit shown.\n\n| Item | Paragraph of section 6 | Time limit |\n| ---- | ---------------------- | ---------- |\n| 1    | (e), (f)               | 26 weeks   |\n| 2    | (g), (h), (i)          | 13 weeks   |\n\n8 Special provisions in relation to Cyclone Larry\n\n(1) This section applies to a member of the pension bonus scheme:\n\n(a) who was unable to pass the work test for a bonus period because the amount of gainful work available to him or her in the bonus period had been reduced by the effects of Cyclone Larry; or\n\n(b) whose partner was a member of either the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act, and:\n\n(i) if the partner was a member of the pension bonus scheme—the partner was unable to pass the work test for a bonus period because the amount of gainful work available to the partner in the bonus period had been reduced by the effects of Cyclone Larry; or\n\n(ii) if the partner was a member of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act—the partner was unable to pass the work test (within the meaning of that Part) for a bonus period (within the meaning of that Part) because the amount of gainful work available to the partner had been reduced by the effects of Cyclone Larry.\n\n(2) For the purposes of subsection 92Q(1) of the Act, the member is declared to be a non‑accruing member throughout the period during which the member was a member of the kind mentioned in subsection (1) of this section:\n\n(a) From the date, not before 1 March 2006, that:\n\n(i) for a member mentioned in paragraph (1) (a) — the member was unable to pass the work test due to the effects of Cyclone Larry; or\n\n(ii) for a member mentioned in paragraph (1) (b) — the member’s partner was unable to pass the work test due to the effects of Cyclone Larry; and\n\n(b) up to a maximum of 13 weeks.\n\nNote 1 March 2006 is the date from which people are taken to be affected by preparation for Cyclone Larry","sortOrder":4},{"sectionNumber":"9","sectionType":"section","heading":"Special provisions in relation to the impact of coronavirus known as COVID‑19","content":"#### 9 Special provisions in relation to the impact of coronavirus known as COVID‑19\n\n(1) For the purposes of subsection 92Q(1) of the Act, a member of the pension bonus scheme covered by subsection (2) is declared to be a non‑accruing member throughout the period ascertained in accordance with subsection (3).\n\n  (2) A member of the pension bonus scheme is covered by this subsection if:\n    (a) the member is unable to pass the work test for a bonus period due to the impact of the coronavirus known as COVID‑19; or\n    (b) the member’s partner is a member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and\n    (i) if the partner is a member of the pension bonus scheme—the partner is unable to pass the work test for a bonus period due to the impact of the coronavirus known as COVID‑19; or\n    (ii) if the partner is a member of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act—the partner is unable to pass the work test (within the meaning of that Part) for a bonus period (within the meaning of that Part) due to the impact of the coronavirus known as COVID‑19.\n    (3) For the purposes of subsection (1), the period is so much of the period beginning on 30 March 2020 and ending on 31 March 2021 during which the member is covered by subsection (2).\n\n  \n\nSchedule 1—Repeals\n\nSocial Security (Pension Bonus Scheme — Non-accruing Members) Declaration 2007\n\n1 The whole of the instrument\n\nRepeal the instrument","sortOrder":5}],"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":4,"scope_assessment":{"changed":true,"description":"The original 2007 Declaration has been significantly expanded through amendments. The 2018 version adds COVID-19 provisions (section 9) that were clearly not contemplated in the original scheme design, along with maintaining the retrospective Cyclone Larry provisions from earlier amendments. The instrument has evolved from a simple administrative declaration into a complex patchwork of disaster responses, pandemic measures, and partner-status contingencies that extend well beyond the original scope of defining non-accruing membership for standard circumstances like imprisonment or leave."},"complexity_factors":["Multiple nested conditions in paragraphs 6(d), 6(i), and 9(2) requiring tracking of both member and partner status across two different legislative schemes (Social Security Act and Veterans' Entitlements Act)","Cross-referencing to defined terms in the parent Act (Social Security Act 1991) including 'gainful work', 'passing the work test', and 'bonus period'","Time-limited exceptions with different durations (13 weeks vs 26 weeks) creating a matrix of applicability","Retrospective application provisions allowing non-accruing periods to begin before the instrument's registration (section 7(2))","Specific disaster-related provisions requiring historical knowledge (Cyclone Larry 2006) and pandemic provisions (COVID-19 2020-2021) with fixed date ranges","Dual scheme coordination required between Pension Bonus Scheme and Veterans' Entitlements Act Part IIIAB corresponding scheme"],"plain_english_summary":"This Declaration lets certain members of the now-closed Pension Bonus Scheme be treated as \"non-accruing\" so temporary interruptions to paid work won’t break their bonus eligibility. It covers former registrants who couldn’t meet the scheme’s work test for reasons like imprisonment, psychiatric confinement, participation in CDEP, bereavement, disaster impacts (including Cyclone Larry and COVID-19), or short-term leave.\n\nIt matters because it protects vulnerable members from losing an earned lump-sum bonus due to legitimate, time-limited disruptions."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2007 Declaration (Schedule 1) and establishes the current set of categories and time limits for non‑accruing members, adds a COVID‑19 specific coverage window (s 9), and confirms retrospective treatment for Cyclone Larry with a defined earliest date and cap (s 8). As a result, the legal scope of who may be treated as non‑accruing and the temporal boundaries for that treatment are replaced by the rules in this Declaration."},"complexity_factors":["Relies on defined terms in the Social Security Act 1991 (e.g. 'gainful work', 'passing the work test') requiring cross-reference to the Act (see section 4).","Multiple distinct categories of exempted members (various personal and partner circumstances, leave, incarceration, psychiatric confinement, disaster impact) increase rule‑matching complexity (see section 6).","Different temporal rules and caps: non‑accruing periods may predate registration (s 7(2)); fixed caps of 13 or 26 weeks for some categories (s 7(3)); COVID‑19 window limited to 30 Mar 2020–31 Mar 2021 (s 9(3)).","Special retrospective provision for Cyclone Larry with an earliest affected date (1 Mar 2006) and a 13‑week cap (s 8).","Interplay with partner membership in the Veterans’ Entitlements Act Part IIIAB adds cross‑legislative interaction (s 6(i) and s 9(2)(b)).","Administrative burden on the agency to identify coverage, verify causes (e.g. disaster, medical confinement, leave) and apply time limits; potential evidentiary and implementation work."],"plain_english_summary":"This Declaration lists which members of the pension bonus scheme are to be treated as \"non‑accruing members\" so they need not meet the scheme's work test for specified periods. It sets time limits for some categories, supplies retrospective disaster relief (including Cyclone Larry), introduces a COVID‑19 coverage window (30 Mar 2020–31 Mar 2021) and repeals the 2007 declaration. The change affects how the agency assesses bonus accrual and which individuals keep bonus entitlement while temporarily unable to satisfy the work test."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-pension-bonus-scheme-non-accruing-members-declaration-2018","history":"/api/acts/social-security-pension-bonus-scheme-non-accruing-members-declaration-2018/history","analysis":"/api/acts/social-security-pension-bonus-scheme-non-accruing-members-declaration-2018/analysis","conflicts":"/api/acts/social-security-pension-bonus-scheme-non-accruing-members-declaration-2018/conflicts","importantCases":"/api/acts/social-security-pension-bonus-scheme-non-accruing-members-declaration-2018/important-cases","documents":"/api/acts/social-security-pension-bonus-scheme-non-accruing-members-declaration-2018/documents"}}