{"id":"F2018L01054","name":"Social Security (Personal Care Support – Disability support schemes operated by the Western Australian Department of Communities) Determination 2018","slug":"social-security-personal-care-support-disability-support-schemes-operated-by-the-western-australian-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97761,"registerId":"commonwealth-F2018L01054-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Social Security (Personal Care Support – Disability support schemes operated by the Western Australian Department of Communities) Determination 2018.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 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```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 Note: This table relates only to the provisions of this instrument as originally made.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 section 35A of the Social Security Act 1991.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Revocation","content":"#### 4 Revocation\n\nThis instrument revokes the Social Security Act 1991 – Notice under section 35A – Instrument 96/3.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Personal care support scheme","content":"#### 5 Personal care support scheme\n\nThe scheme for the provision of personal care support known as the Disability support schemes operated by the Western Australian Department of Communities is an approved scheme for the purposes of section 35A of the Social Security Act 1991.","sortOrder":4}],"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":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow function intended by section 35A of the Social Security Act 1991: approving a specific state/territory disability support scheme for income test exemption purposes. It has not expanded beyond this original purpose."},"complexity_factors":["Extremely short: only 5 substantive sections","No defined terms section — uses plain language throughout","Single operational provision (section 5) with no conditions, exceptions, or nested logic","No cross-references to other legislation beyond citing the empowering provision (Social Security Act 1991, section 35A)","Standard commencement table using template language","Essentially a one-purpose instrument: name the scheme, approve it, revoke the old one"],"plain_english_summary":"This instrument approves certain Western Australian Department of Communities disability support programs so payments for personal care are disregarded for federal social security means tests. It protects Western Australians with disabilities who receive these state-funded supports from having their Centrelink pensions or allowances reduced, and replaces an earlier approval to align with current WA program names and arrangements."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not expand the scheme's scope; it formally approves the WA Department of Communities' Disability support schemes for the purposes of s35A and revokes the prior instrument (Instrument 96/3) that performed a similar function (s4, s5). Effectively, the approval continues or replaces the earlier notice rather than changing the substantive scope of the scheme as treated under the Social Security Act."},"complexity_factors":["Very narrow legal effect: instrument only approves a named scheme and revokes a prior notice (s5, s4).","Simple commencement rule: entire instrument commences the day after registration (s2).","Single enabling power: made under section 35A of the Social Security Act 1991, so interpretation depends on that Act's definitions and operation (s3).","No new operational obligations or regulatory regimes created—administrative classification only (s5).","Low compliance burden: impacts administration and treatment under social security law rather than imposing duties on private parties (s5).","Interaction risk limited to how the Social Security Act treats approved schemes; requires reference to s35A to see downstream effects (s3, s5)."],"plain_english_summary":"This instrument approves the Western Australian Department of Communities’ \"Disability support schemes\" as an approved personal care support scheme under section 35A of the Social Security Act 1991 and revokes an earlier notice. It takes effect the day after registration.\n\nIt applies to people receiving those disability personal care supports and to the WA Department that operates them; approval under s35A determines how those supports are treated for social security purposes (s5), and the instrument records commencement and revocation details (s2, s4)."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-personal-care-support-disability-support-schemes-operated-by-the-western-australian-","history":"/api/acts/social-security-personal-care-support-disability-support-schemes-operated-by-the-western-australian-/history","analysis":"/api/acts/social-security-personal-care-support-disability-support-schemes-operated-by-the-western-australian-/analysis","conflicts":"/api/acts/social-security-personal-care-support-disability-support-schemes-operated-by-the-western-australian-/conflicts","importantCases":"/api/acts/social-security-personal-care-support-disability-support-schemes-operated-by-the-western-australian-/important-cases","documents":"/api/acts/social-security-personal-care-support-disability-support-schemes-operated-by-the-western-australian-/documents"}}