{"id":"F2017L00150","name":"Social Security (Personal Care Support Scheme – Disability Services Queensland) Determination 2017","slug":"social-security-personal-care-support-scheme-disability-services-queensland-determination-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95835,"registerId":"commonwealth-F2017L00150-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Social Security (Personal Care Support S","sectionType":"part","heading":"Social Security (Personal Care Support Scheme — Disability Services Queensland) Determination 2017","content":"# Social Security (Personal Care Support Scheme – Disability Services Queensland) Determination 2017\n\nSocial Security Act 1991\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nI, Christian Porter, Minister for Social Services, make the following determination.\n\nDated 16 February 2017\n\nChristian Porter\n\nMinister for Social Services","sortOrder":0},{"sectionNumber":"1. Name of Determination","sectionType":"part","heading":"1. Name of Determination","content":"## 1. Name of Determination\n\n## This instrument is the Social Security (Personal Care Support Scheme – Disability Services Queensland) Determination 2017.\n\n## 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

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Column 2

Column 3

Provisions

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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 Note: This table relates only to the provisions of this instrument as originally made.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.\n\n## 3. Authority\n\nThis instrument is made under section 35A of the Social Security Act 1991.\n\n## 4. Revocation\n\nThis instrument revokes the Social Security (Disability Services Queensland Personal Care Support) Determination No. 1 2004.\n\n## 5. Personal Support Scheme\n\nThe provision of a grant of financial assistance in respect of personal care support under the Disability Services Act 2006 (Qld) is an approved scheme for the purposes of section 35A of the Social Security Act 1991.","sortOrder":1},{"sectionNumber":"This instrument is the Social Security (","sectionType":"part","heading":"This instrument is the Social Security (Personal Care Support Scheme — Disability Services Queensland) Determination 2017.","content":"## 1. Name of Determination\n\n## This instrument is the Social Security (Personal Care Support Scheme – Disability Services Queensland) Determination 2017.\n\n## 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.\n\n## 3. Authority\n\nThis instrument is made under section 35A of the Social Security Act 1991.\n\n## 4. Revocation\n\nThis instrument revokes the Social Security (Disability Services Queensland Personal Care Support) Determination No. 1 2004.\n\n## 5. Personal Support Scheme\n\nThe provision of a grant of financial assistance in respect of personal care support under the Disability Services Act 2006 (Qld) is an approved scheme for the purposes of section 35A of the Social Security Act 1991.","sortOrder":2},{"sectionNumber":"2. Commencement","sectionType":"part","heading":"2. 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":3},{"sectionNumber":"3. Authority","sectionType":"part","heading":"3. Authority","content":"## 3. Authority\n\nThis instrument is made under section 35A of the Social Security Act 1991.","sortOrder":4},{"sectionNumber":"4. Revocation","sectionType":"part","heading":"4. Revocation","content":"## 4. Revocation\n\nThis instrument revokes the Social Security (Disability Services Queensland Personal Care Support) Determination No. 1 2004.","sortOrder":5},{"sectionNumber":"5. Personal Support Scheme","sectionType":"part","heading":"5. Personal Support Scheme","content":"## 5. Personal Support Scheme\n\nThe provision of a grant of financial assistance in respect of personal care support under the Disability Services Act 2006 (Qld) is an approved scheme for the purposes of section 35A of the Social Security Act 1991.","sortOrder":6}],"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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument revokes the 2004 determination and reaffirms that Queensland's personal care support grants are an approved scheme under s35A of the Social Security Act 1991 (see sections 4 and 5). The text does not introduce new eligibility rules, payment conditions, or additional administrative powers; its scope is declaratory and administrative rather than substantive."},"complexity_factors":["Single substantive operative clause: the instrument's main effect is declaratory (section 5) rather than creating detailed rules.","Legal cross‑reference: the determination relies on and gains effect through s35A of the Social Security Act 1991 (section 3), requiring readers to consult another Act for full effect.","Revocation of prior instrument (section 4) — administrative replacement rather than substantive reform.","Commencement mechanics set by a table (section 2) — formal technicality about timing.","Textual repetition and formatting in the instrument increases reading effort but not substantive complexity.","Low compliance and implementation burden implied by the instrument's narrow scope (no new eligibility criteria, payment rates, or procedures in the text)."],"plain_english_summary":"This determination (made under section 35A of the Social Security Act 1991) declares that grants of financial assistance for personal care support provided under the Disability Services Act 2006 (Qld) are an “approved scheme” for social security purposes. It affects people who receive those Queensland personal‑care grants and the Commonwealth decision‑makers who must treat that grant according to the Social Security Act framework, and it revokes the earlier 2004 determination."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This Determination maintains the same narrow scope as its 2004 predecessor. It performs a single, specific function: approving one Queensland state scheme for income test exemption purposes. There is no expansion beyond the original intent of section 35A, which is precisely to allow ministerial approval of specific state/territory schemes."},"complexity_factors":["Extremely short instrument — only 5 operative sections","No defined terms section; relies on external definitions in the Queensland Disability Services Act 2006","Single substantive provision (section 5) containing the approval","No conditional logic, exceptions, or nested provisions","Standard commencement table using standard Legislative Instruments Act template","Only one cross-reference (to section 35A of the Social Security Act 1991)"],"plain_english_summary":"This Determination approves Queensland’s scheme that provides financial grants for personal care support to people with disabilities, and treats that state assistance as exempt for federal social security purposes. Effectively, Queenslanders receiving these grants can keep Centrelink payments (such as the Disability Support Pension) without the state payment being counted as income that would reduce those benefits."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-personal-care-support-scheme-disability-services-queensland-determination-2017","history":"/api/acts/social-security-personal-care-support-scheme-disability-services-queensland-determination-2017/history","analysis":"/api/acts/social-security-personal-care-support-scheme-disability-services-queensland-determination-2017/analysis","conflicts":"/api/acts/social-security-personal-care-support-scheme-disability-services-queensland-determination-2017/conflicts","importantCases":"/api/acts/social-security-personal-care-support-scheme-disability-services-queensland-determination-2017/important-cases","documents":"/api/acts/social-security-personal-care-support-scheme-disability-services-queensland-determination-2017/documents"}}