{"id":"F2022L00536","name":"Social Security (Streamlined Participation Requirements Transitional Arrangements) Instrument 2022","slug":"social-security-streamlined-participation-requirements-transitional-arrangements-instrument-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441340,"registerId":"F2022L00536-fast-fetch-1775956656809","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Streamlined Participation Requirements Transitional Arrangements) Instrument 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\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 (Streamlined Participation Requirements Transitional Arrangements) Instrument 2022\n\nI, Stuart Robert, Minister for Employment, Workforce, Skills, Small and Family Business, make the following instrument.\n\nDated 4 April 2022\n\nStuart Robert\n\nMinister for Employment, Workforce, Skills, Small and Family Business\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Continued operation of instrument made under subsection 500(2) of the Social Security Act 1991\n\n7 Continued operation of instrument made under subsection 28C(1) of the Social Security Act 1991\n\nSchedule 1—Amendments\n\nSocial Security (Administration) (Non‑Compliance) Determination 2018 (No. 1)\n\n \n\n \n\n1  Name\n\n  This instrument is the Social Security (Streamlined Participation Requirements Transitional Arrangements) Instrument 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 the instrument Immediately after the commencement of Schedule 1 to the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2022. 8 April 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 following:\n\n (a) subsection 42AR(1) of the Social Security (Administration) Act 1999;\n\n (b) item 160 of Schedule 1 to the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2022.\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\nAmending Act means the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2022.\n\ncommencement day means the day this instrument commences.\n\n6  Continued operation of instrument made under subsection 500(2) of the Social Security Act 1991\n\n  Despite the amendment of paragraph 500(1)(ca) of the Social Security Act 1991 made by Schedule 1 to the Amending Act, an instrument in force under subsection 500(2) of the Social Security Act 1991 immediately before the commencement day continues in force (and may be dealt with) on and after that day.\n\n7  Continued operation of instrument made under subsection 28C(1) of the Social Security Act 1991\n\n  The amendments of the Social Security Act 1991 and the Social Security (Administration) Act 1999 made by the Amending Act do not affect the validity or operation of an instrument in force under subsection 28C(1) of the Social Security Act 1991 immediately before the commencement day.\n\nSchedule 1—Amendments\n\n \n\nSocial Security (Administration) (Non‑Compliance) Determination 2018 (No. 1)\n\n1  Section 4 (after subparagraph (1)(a)(i) of the definition of 3 active months)\n\nInsert:\n\n (ia) periods during which the person is not required to satisfy the employment pathway plan requirements under section 40L, 40M, 40N, 40P or 40Q of the Act;\n\n2  Section 4 (after subparagraph (1)(a)(i) of the definition of 6 active months)\n\nInsert:\n\n (ia) periods during which the person is not required to satisfy the employment pathway plan requirements under section 40L, 40M, 40N, 40P or 40Q of the Act;\n\n3  Subsection 6(1)\n\nRepeal the subsection (not including the heading), substitute:\n\n (1) If:\n\n (a) the Secretary determines under paragraph 42AF(2)(c) of the Act that an instalment of a person’s participation payment for an instalment period is to be reduced; and\n\n (b) the Secretary is satisfied that the circumstances set out in paragraph 5(1)(a) or (b) of this instrument apply to the person;\n\nthen, for the purposes of subsection 42AN(4) of the Act, the Secretary must determine that paragraph 42AN(3)(a) of the Act applies in relation to the reduction.\n\n4  Subsection 6(2)\n\nRepeal the subsection (not including the heading), substitute:\n\n (2) Despite subsection (1), if:\n\n (a) the Secretary determines under paragraph 42AF(2)(c) of the Act that an instalment of the person’s participation payment for an instalment period (the relevant instalment period) is to be reduced; and\n\n (b) in the 3 active months prior to the relevant failure:\n\n (i) the Secretary has previously determined under paragraph 42AF(2)(c) of the Act that an instalment of the person’s participation payment for an instalment period (whether for the relevant instalment period or another instalment period) is to be reduced by the amount specified in paragraph 42AN(3)(a) of the Act; and\n\n (ii) that previous determination was the last determination made under paragraph 42AF(2)(c) of the Act in relation to the person before the determination referred to in paragraph (a);\n\nthen, for the purposes of subsection 42AN(4) of the Act, the Secretary must determine that paragraph 42AN(3)(b) of the Act applies in relation to the reduction referred to in paragraph (a).\n\n5  Subsection 6(3)\n\nRepeal the subsection (including the heading and the note).\n\n6  Subsection 6(4)\n\nRepeal the subsection (not including the heading), substitute:\n\n (4) Despite subsection (2), if:\n\n (a) the person previously received a participation payment; and\n\n (b) that payment was cancelled under paragraph 42AF(2)(d) of the Act; and\n\n (c) the relevant failure is the first mutual obligation failure where the person does not have a reasonable excuse in the 3 active months since that cancellation;\n\nthen, for the purposes of subsection 42AN(4) of the Act, the Secretary must determine that paragraph 42AN(3)(a) of the Act applies in relation to the reduction referred to in paragraph (2)(a) of this instrument.\n\n \n\n \n","sortOrder":0}],"analysis":{"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":5,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow purpose as a transitional arrangement. It does not expand beyond ensuring continuity during the legislative changeover and making technical amendments to penalty calculation rules necessitated by the new framework."},"complexity_factors":["Multiple cross-references to amending legislation (Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2022) and principal acts (Social Security Act 1991, Social Security (Administration) Act 1999)","Nested conditional logic in sections 6(1), 6(2), and 6(4) with 'despite' clauses creating exceptions to exceptions","References to specific subsection numbers (42AF(2)(c), 42AN(3)(a), etc.) requiring external context to understand","Temporal calculations involving '3 active months' and '6 active months' with new exclusions for specific exemption periods","Transitional provisions that must be read alongside both old and new legislative frameworks simultaneously"],"plain_english_summary":"This transitional instrument preserves existing penalty determinations when welfare participation rules change, clarifies how “3‑month” and “6‑month” breach periods are calculated by excluding times a person isn’t required to meet new pathway requirements, and reshapes escalation so initial failures generally reduce payments (not cancel), repeated breaches attract harsher penalties, and someone restarting after a cancellation gets a lighter “fresh start.”\n\nIt affects JobSeeker Payment and Youth Allowance recipients with mutual obligations and Department of Social Services staff administering penalties."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument narrows which time periods count as 'active months' and recalibrates when and how much the Secretary reduces participation payments. It preserves existing transitional instruments made under subsection 500(2) and 28C(1) despite the Amending Act (clauses 6–7), and amends the Non‑Compliance Determination to: exclude periods when a person is not required to satisfy employment pathway plan requirements (Schedule 1, s4 insertion (1)(a)(ia)); impose a 3 active‑month lookback for prior reductions; and treat first failures after a cancellation differently (Schedule 1, substituted ss6(1)–(4)). Practically, recipients bear the financial impact, the Secretary makes the determinations (under para 42AF(2)(c)), and compliance‑tracking and timing rules determine whether smaller or larger reductions apply."},"complexity_factors":["Multiple cross‑references to primary Acts and clauses: Social Security Act 1991 (eg. ss 40L, 40M, 40N, 40P, 40Q, 42AF, 42AN, 500, 28C) and Social Security (Administration) Act 1999 (s42AR) (see instrument header and items 3, 6, 7, Schedule 1).","Technical amendment to counting rules for 'active months' by inserting exception periods when a person is not required to satisfy employment pathway plan requirements (Schedule 1, amendments to s4 insert subparagraph (1)(a)(ia)).","Modifies administrative sequencing and quantum of payment reductions via substituted subsections 6(1)–6(4) in the Non‑Compliance Determination, including a 3 active‑month lookback and a reset where a payment cancellation occurred (Schedule 1, items 3–6).","Transitional continuity: expressly preserves instruments made under ss500(2) and 28C(1) despite statutory amendments (clauses 6–7), which affects which rules apply at the transition point.","Administrative burden and recordkeeping: requires the Secretary to track prior determinations, cancellations and active‑month counts to decide whether paragraph 42AN(3)(a) or (b) applies (Schedule 1, substituted ss6(1)–(4)).","Decision‑maker discretion concentrated in the Secretary through determinations under paragraph 42AF(2)(c) of the Act, with legal effects tied to factual sequences and timing (Schedule 1, ss6)."],"plain_english_summary":"This instrument preserves certain existing transitional instruments despite amendments and changes how participation‑payment penalties are calculated for people on income support with participation obligations. It excludes periods when a person is not required to meet an employment pathway plan from the count of ‘active months’ and adjusts the rules that determine whether a smaller or larger reduction to a participation payment applies. The Secretary of the Department decides reductions; the changes can alter when and how much recipients lose."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-streamlined-participation-requirements-transitional-arrangements-instrument-2022","history":"/api/acts/social-security-streamlined-participation-requirements-transitional-arrangements-instrument-2022/history","analysis":"/api/acts/social-security-streamlined-participation-requirements-transitional-arrangements-instrument-2022/analysis","conflicts":"/api/acts/social-security-streamlined-participation-requirements-transitional-arrangements-instrument-2022/conflicts","importantCases":"/api/acts/social-security-streamlined-participation-requirements-transitional-arrangements-instrument-2022/important-cases","documents":"/api/acts/social-security-streamlined-participation-requirements-transitional-arrangements-instrument-2022/documents"}}