{"id":"F2017L01166","name":"Social Security (Personal Care Support – Victorian Direct Payments Project) Determination 2017","slug":"social-security-personal-care-support-victorian-direct-payments-project-determination-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97046,"registerId":"commonwealth-F2017L01166-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 – Victorian Direct Payments Project) Determination 2017.","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 on the Federal Register of Legislation.

\n```\n\n Note: This table relates only to the provisions of this instrument as originally made.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 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":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n\n> Act means the Social Security Act 1991.\n\n> Direct Payments Project is the project, known by that name, which:\n\n> is administered by the Victorian Department of Health and Human Services; and\n\n> funds individuals with a disability who elect to self-manage their Individual Support Package under a direct payment model.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Schedules","content":"#### 5 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.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Personal Care Support Determination","content":"#### 6 Personal Care Support Determination\n\n The Direct Payments Project is an approved scheme for the purposes of the Act.\n\n \n\nSchedule 1—Repeals\n\nSocial Security (Personal Care Support – Direct Payments Project) (FaCSIA) Determination 2007\n\n1 The whole of the instrument\n\nRepeal the instrument\n\nSocial Security (Personal Care Support – Direct Payments Project) (DEWR) Determination 2007\n\n2 The whole of the instrument\n\nRepeal the instrument\n\nSocial Security (Personal Care Support – Direct Payments Project) (DEST) Determination 2007\n\n3 The whole of the instrument\n\nRepeal the instrument","sortOrder":5}],"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":true,"description":"Replaces three earlier 2007 determinations with a single instrument that formally recognises the Victorian Direct Payments Project and names the Victorian Department of Health and Human Services as administrator, thereby updating and consolidating the legal recognition and administrative responsibility for the approved direct‑payments scheme."},"complexity_factors":["Very short instrument with one primary substantive action: approving a named project as an 'approved scheme'.","Repeals three legacy determinations, so involves consolidation rather than new operational rules.","Relies on a single statutory power (Social Security Act 1991, s35A) for authority.","Defines the approved project and names the administering agency (Victorian Department of Health and Human Services) but contains no detailed operational or eligibility rules.","Low administrative discretion in the instrument itself; operational discretion resides with the Victorian department and existing social security mechanisms.","Potential intergovernmental coordination implications (Commonwealth recognition of a state‑administered payment model) are present but not detailed."],"plain_english_summary":"This instrument declares the Victorian “Direct Payments Project” an approved scheme under the Social Security Act 1991 (s35A). The project, run by the Victorian Department of Health and Human Services, funds individuals with disability who choose to self‑manage their Individual Support Package. It repeals three 2007 determinations and therefore updates which body administers the approved direct‑payments model and formally recognises that project for social security purposes."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: approving a specific Victorian disability scheme for social security income test exemptions. The repeal of three 2007 determinations represents consolidation of outdated instruments rather than scope creep."},"complexity_factors":["Extremely short — only 6 substantive sections plus a repeal schedule","Only 2 defined terms ('Act' and 'Direct Payments Project')","Single operative provision (section 6) with no conditions, exceptions, or nested logic","No cross-references to other legislation beyond the empowering provision (Social Security Act 1991, section 35A)","Repeal schedule is straightforward — three whole-of-instrument repeals with no partial amendments"],"plain_english_summary":"This law approves Victoria’s Direct Payments Project so participants can self-manage disability support funding without those state payments being treated as income for federal social security. It protects Victorians with disabilities who receive Centrelink payments (e.g., Disability Support Pension, JobSeeker) from having their benefits reduced or cancelled. It also repeals three prior federal determinations covering similar schemes."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-personal-care-support-victorian-direct-payments-project-determination-2017","history":"/api/acts/social-security-personal-care-support-victorian-direct-payments-project-determination-2017/history","analysis":"/api/acts/social-security-personal-care-support-victorian-direct-payments-project-determination-2017/analysis","conflicts":"/api/acts/social-security-personal-care-support-victorian-direct-payments-project-determination-2017/conflicts","importantCases":"/api/acts/social-security-personal-care-support-victorian-direct-payments-project-determination-2017/important-cases","documents":"/api/acts/social-security-personal-care-support-victorian-direct-payments-project-determination-2017/documents"}}