{"id":"F2025L01127","name":"Social Security (Personal Care Support) (Tasmanian Motor Accidents Insurance Board – Future Care program) Determination 2025","slug":"social-security-personal-care-support-tasmanian-motor-accidents-insurance-board-future-care-program-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106869,"registerId":"commonwealth-F2025L01127-current","compilationNumber":null,"startDate":"2026-04-03","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) (Tasmanian Motor Accidents Insurance Board – Future Care program) Determination 2025.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n 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 Note: This table relates only to the provisions of this instrument as originally made.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":"Schedules","content":"#### 4 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n#### Personal care support scheme\n\n The Future Care program, established by the Tasmanian Motor Accidents Insurance Board under the Motor Accidents (Liabilities and Compensation) Act 1973 (Tas.), that applies to persons who satisfy subsection 2(5) of that Act, is an approved scheme for the provision of personal care support for the purposes of section 35A of the Social Security Act 1991.\n\n \n\nSchedule 1—Repeals\n\nSocial Security (Tasmanian Motor Accidents Insurance Board 'Future Care Payments') Determination 2015\n\n1 The whole of the instrument\n\nRepeal the instrument","sortOrder":3},{"sectionNumber":"Personal care support scheme","sectionType":"section","heading":"Personal care support scheme","content":"#### Personal care support scheme","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 maintains the exact same scope as its predecessor (the 2015 determination it repeals). It continues the long-standing arrangement of exempting Tasmanian motor accident care payments from income testing. There is no expansion of scope — it is a direct replacement to ensure continuity of the existing protection."},"complexity_factors":["Extremely short instrument (approximately 300 words)","Only 1 substantive provision (the approval of the Future Care program)","No defined terms section","No conditional logic or nested exceptions","Single cross-reference to section 35A of the Social Security Act 1991 and subsection 2(5) of the Tasmanian Motor Accidents Act","Contains only a commencement table and a repeal of a previous instrument"],"plain_english_summary":"The instrument approves Tasmania’s “Future Care program” as a recognised personal care support scheme so its ongoing motor-accident care payments are excluded from income tests under the Social Security Act. It protects Tasmanians seriously injured in motor accidents who receive Future Care payments from having Centrelink pensions or benefits reduced or cancelled. This replaces the previous 2015 determination, maintaining the existing protection against double-dipping penalties."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument continues approval of the same Future Care program rather than expanding or narrowing eligibility in its text. It declares the program an approved personal care support scheme under s35A (see 'Personal care support scheme' paragraph and section 3) and repeals the 2015 Determination (Schedule 1). Any practical scope effects depend on the unchanged reference to subsection 2(5) of the Motor Accidents (Liabilities and Compensation) Act 1973 (Tas.), which this instrument does not modify."},"complexity_factors":["Legal authority is singular and explicit: instrument is made under section 35A of the Social Security Act 1991 (see section 3).","Cross‑jurisdictional linkage: substantive eligibility depends on subsection 2(5) of the Motor Accidents (Liabilities and Compensation) Act 1973 (Tas.), which is not reproduced here and must be read to understand coverage.","Procedural elements: commencement is tied to registration timing via a commencement table (section 2), affecting operational start date.","Repeal of prior instrument: Schedule 1 repeals the 2015 Determination, so administrators must map legacy cases to the new instrument (Schedule 1).","Low substantive regulation: the instrument approves an existing program rather than setting detailed eligibility, payment or compliance rules, shifting interpretative work to the Tasmanian Act and administering agencies.","Administrative impact concentrated: decision-makers (Commonwealth and Tasmanian insurer) and affected claimants bear most implementation and compliance tasks; private providers are indirectly affected."],"plain_english_summary":"This instrument formally approves the Tasmanian Motor Accidents Insurance Board’s Future Care program as an authorised source of personal care support under the Social Security Act 1991. It applies to people who qualify under subsection 2(5) of the Motor Accidents (Liabilities and Compensation) Act 1973 (Tas.) and repeals the prior 2015 Determination. It takes effect the day after registration and sets the administrative basis for Commonwealth recognition of those Future Care payments."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-personal-care-support-tasmanian-motor-accidents-insurance-board-future-care-program-","history":"/api/acts/social-security-personal-care-support-tasmanian-motor-accidents-insurance-board-future-care-program-/history","analysis":"/api/acts/social-security-personal-care-support-tasmanian-motor-accidents-insurance-board-future-care-program-/analysis","conflicts":"/api/acts/social-security-personal-care-support-tasmanian-motor-accidents-insurance-board-future-care-program-/conflicts","importantCases":"/api/acts/social-security-personal-care-support-tasmanian-motor-accidents-insurance-board-future-care-program-/important-cases","documents":"/api/acts/social-security-personal-care-support-tasmanian-motor-accidents-insurance-board-future-care-program-/documents"}}