{"id":"F2024L00365","name":"Social Security (Personal Care Support) (United Kingdom and Scottish Government Payments) Determination 2024","slug":"social-security-personal-care-support-united-kingdom-and-scottish-government-payments-determination-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442336,"registerId":"F2024L00365-fast-fetch-1775957366668","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Personal Care Support) (United Kingdom and Scottish Government Payments) Determination 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL]\"\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSocial Security (Personal Care Support) (United Kingdom and Scottish Government Payments) Determination 2024\n\nI, AMANDA RISHWORTH, Minister for Social Services, make the following Determination.\n\nDated 20 March 2024  \n\nAmanda Rishworth\n\nMinister for Social Services\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Schedules\n\n5  Personal Care Support Schemes - United Kingdom\n\n6  Personal Care Support Schemes - Scotland\n\nSchedule 1—Repeals\n\nSocial Security (Personal Care Support) (United Kingdom Government Personal Independence Payment) Determination 2013              2\n\nSocial Security (Personal Care Support - Attendance Allowance and Disability Living Allowance - United Kingdom) Determination 2018\n\n \n\n \n\n1  Name\n\n  This instrument is the Social Security (Personal Care Support) (United Kingdom and Scottish Government Payments) Determination 2024.\n\n2  Commencement\n\n  This instrument commences on the day after it is registered.\n\n3  Authority\n\n  This instrument is made under section 35A of the Social Security Act 1991.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Personal care support schemes – United Kingdom\n\nThe following schemes established by the United Kingdom Government for the provision of personal care support are approved for the purposes of section 35A of the Social Security Act 1991:\n\n(a)      Attendance Allowance;\n\n(b)      Disability Living Allowance; and\n\n(c)      Personal Independence Payment.\n\n6  Personal care support schemes – Scotland\n\nThe following schemes established by the Scottish Government for the provision of personal care support are approved for the purposes of section 35A of the Social Security Act 1991:\n\n(a)      Adult Disability Payment; and\n\n(b)      Child Disability Payment.\n\n \n\n\n\n\nSchedule 1—Repeals\n\nSocial Security (Personal Care Support) (United Kingdom Government Personal Independence Payment) Determination 2013\n\n1  The whole of the instrument\n\nRepeal the instrument\n\n \n\nSocial Security (Personal Care Support – Attendance Allowance and Disability Living Allowance - United Kingdom) Determination 2018\n\n2  The whole of the instrument\n\nRepeal the instrument\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument consolidates and replaces two earlier determinations and explicitly adds Scottish Government payments (Adult and Child Disability Payment) to the list of approved schemes. It does not materially expand the set of UK schemes named previously but formalises recognition of Scottish schemes and centralises approvals in a single instrument, changing the statutory instrument coverage and administrative record-keeping."},"complexity_factors":["Narrow subject-matter: approves a short, named list of overseas benefit schemes (low substantive complexity).","Straightforward legal effect: statutory recognition under s35A rather than creating new eligibility rules.","Repeals two earlier instruments and consolidates approvals into one instrument (administrative housekeeping).","Cross-jurisdiction interaction: requires Departmental processing of foreign payments when assessing Australian entitlements (operational complexity for administrators).","Ministerial discretion: relies on section 35A delegated power to approve schemes (legal cross-reference).","Potential downstream impact on means-testing, reporting obligations and payment offsets for recipients (policy interaction, not novel legal mechanics)."],"plain_english_summary":"This Determination formally approves specific UK and Scottish disability/personal-care payments (UK: Attendance Allowance, Disability Living Allowance, Personal Independence Payment; Scotland: Adult and Child Disability Payment) as \"personal care support\" under section 35A of the Social Security Act 1991 and repeals two prior determinations. It affects Australians whose Commonwealth social security entitlements or assessments turn on receiving those overseas payments.\n\nMechanically, it directs the Department to recognise those foreign payments when assessing Australian benefits. The Minister uses statutory discretion to list approved schemes, which alters administrative treatment, reporting and means-testing interactions."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: approving overseas personal care support schemes for recognition under Australian social security law. While it expands geographically to include Scottish Government schemes (reflecting devolution of disability benefits to Scotland), this is a natural evolution of the existing framework rather than scope creep. The consolidation of two previous instruments into one does not alter the substantive scope."},"complexity_factors":["Very short instrument (approximately 1.5 pages)","Only 6 substantive sections plus a Schedule with 2 repeal items","No defined terms section – relies on external definitions in the Social Security Act 1991","Simple list structure (paragraphs (a), (b), (c)) with no conditional logic or exceptions","No cross-references except to the enabling section (s 35A) and the repealed instruments","Straightforward consolidation of existing approvals plus addition of new Scottish schemes"],"plain_english_summary":"This Determination updates which UK and Scottish disability and personal‑care payments Australia recognises for social security purposes. It approves current UK and Scotland schemes so recipients’ overseas disability support is properly assessed under Australian law, affecting income‑testing and benefit treatment to avoid disadvantaging claimants.\n\nIt also repeals two earlier Determinations and consolidates recognition of these overseas payments into a single, updated instrument."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/social-security-personal-care-support-united-kingdom-and-scottish-government-payments-determination-","history":"/api/acts/social-security-personal-care-support-united-kingdom-and-scottish-government-payments-determination-/history","analysis":"/api/acts/social-security-personal-care-support-united-kingdom-and-scottish-government-payments-determination-/analysis","conflicts":"/api/acts/social-security-personal-care-support-united-kingdom-and-scottish-government-payments-determination-/conflicts","importantCases":"/api/acts/social-security-personal-care-support-united-kingdom-and-scottish-government-payments-determination-/important-cases","documents":"/api/acts/social-security-personal-care-support-united-kingdom-and-scottish-government-payments-determination-/documents"}}