{"id":"F2022L01217","name":"Social Security Regulations 2022","slug":"social-security-regulations-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441528,"registerId":"F2022L01217-fast-fetch-1775956800058","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security Regulations 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\nmeta-keywords: \"[SEC=OFFICIAL]\"\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSocial Security Regulations 2022\n\nI, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated     15 September 2022\n\nDavid Hurley\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nAmanda Rishworth\n\nMinister for Social Services\n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\nPart 2—Meaning of humanitarian purpose\n\n6 Meaning of humanitarian purpose\n\nSchedule 1—Repeals\n\nSocial Security Regulation 2012\n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Social Security Regulations 2022.\n\n2  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 \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 17 September 2022\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\n3  Authority\n\n  This instrument is made under the Social Security (Administration) Act 1999.\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  Definitions\n\n  In this instrument:\n\n1991 Act has the same meaning as in the Social Security (Administration) Act 1999.\n\nAustralian resident has the same meaning as in subsection 7(2) of the 1991 Act.\n\nfamily member has the same meaning as in subsection 23(14) of the 1991 Act.\n\nPart 2—Meaning of humanitarian purpose\n\n \n\n6  Meaning of humanitarian purpose\n\n  For the purposes of paragraph 1212B(c) of the 1991 Act, the following purposes are specified:\n\n (a) attendance, as a formally selected member of the Australian Paralympic Team, for participation as a competitor at the international athletic competition known as the Paralympic Games;\n\n (b) attendance, within the 12‑month period before the international athletic competition known as the Paralympic Games, by a person receiving a disability support pension, for participation as an athlete at an athletic competition or other event, if:\n\n (i) that attendance is necessary to qualify as a competitor at the Paralympic Games; or\n\n (ii) that attendance is necessary to prepare as a competitor for the Paralympic Games (whether or not the person has qualified as such a competitor);\n\n (c) attendance, at a memorial service that has been approved by the Australian Government to commemorate an event involving the death or serious injury of an Australian resident, as one of the following persons:\n\n (i) an Australian resident who was seriously injured in the event;\n\n (ii) a family member of an Australian resident who died or was seriously injured in the event.\n\nExamples of an event: A war, an act of terrorism, a natural disaster.\n\nSchedule 1—Repeals\n\n \n\nSocial Security Regulation 2012\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the Social Security Regulation 2012 (Schedule 1) and replaces prima facie regulatory content by expressly specifying particular humanitarian purposes (reg 6). Practically, it narrows the listed qualifying purposes to Paralympic participation and approved memorial attendance and centralises memorial approval with the Australian Government (reg 6(c)), so the regulatory framework and administrative decision points differ from the prior instrument."},"complexity_factors":["Cross‑reference to primary legislation: the definition operates for paragraph 1212B(c) of the Social Security (Administration) Act 1999 (reg 6), requiring interpretation of the Act alongside these regs.","Conditional criteria: formal selection as a Paralympic team member and a 12‑month qualifying window for DSP recipients create temporal and status conditions to verify (reg 6(a)–(b)).","Administrative discretion: memorial attendance must be at services \"approved by the Australian Government\", creating an approval decision outside the regulation text (reg 6(c)).","Reliance on external definitions: key terms (eg, Australian resident, family member, 1991 Act) are imported from the Social Security (Administration) Act 1999 (reg 5), so application depends on those statutory definitions.","Repeal and replacement: the instrument repeals the 2012 Regulations in full (Schedule 1), so transitional and interpretive effects depend on comparisons with the prior instrument (Schedule 1).","Verification and compliance burden: claimants or administrators must substantiate selection, DSP status, timing and government approval, which may require documentation and administrative checks (reg 6(a)–(c)).","Low drafting complexity: the instrument is short with limited provisions, making the textual reading simple even if application requires cross‑referencing (regs 1–6)."],"plain_english_summary":"This regulation defines what counts as a “humanitarian purpose” for paragraph 1212B(c) of the Social Security (Administration) Act 1999. It expressly lists (a) attendance as a formally selected member of the Australian Paralympic Team, (b) certain Paralympic preparatory or qualifying attendance by a disability support pension recipient within 12 months, and (c) attendance at Australian Government‑approved memorial services for residents or their family members. It also repeals the prior Social Security Regulation 2012. The rules affect DSP recipients, Paralympic athletes, and family members by clarifying when specified absences qualify for the statutory humanitarian purpose."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2012 Regulation with no expansion of scope. It maintains the same limited purpose: defining specific 'humanitarian purposes' for portability of social security payments. The content is nearly identical to typical sunsetting/remaking exercises where old legislative instruments are replaced to keep the statute book current."},"complexity_factors":["Very short instrument (only 6 substantive sections plus preliminary matters)","Only 4 defined terms, all referencing existing definitions in the parent Act","Single operational provision (section 6) with straightforward list structure","No nested exceptions or conditional logic beyond simple 'if' clauses","Clear repeal of previous instrument without transitional complexity","Minimal cross-referencing (only to paragraph 1212B(c) of the 1991 Act)"],"plain_english_summary":"This replaces the old regulation with a new definition of “humanitarian purpose” so certain temporary departures from Australia don’t break social security entitlements. It covers travel for Paralympic competition or related training/qualification and attending government‑approved memorials for events with Australian casualties. It protects disability pensioners, affected survivors and families, and the department’s payment rules."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-regulations-2022","history":"/api/acts/social-security-regulations-2022/history","analysis":"/api/acts/social-security-regulations-2022/analysis","conflicts":"/api/acts/social-security-regulations-2022/conflicts","importantCases":"/api/acts/social-security-regulations-2022/important-cases","documents":"/api/acts/social-security-regulations-2022/documents"}}