{"id":"F2017L01694","name":"Social Security (Waiver of Debts — Bereavement Period) Specification 2017","slug":"social-security-waiver-of-debts-bereavement-period-specification-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96584,"registerId":"commonwealth-F2017L01694-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Waiver of Debts — Bereavement Period) Specification 2017","content":"![](image.001.png)\n\nSocial Security (Waiver of Debts — Bereavement Period) Specification 2017\n\nSocial Security Act 1991\n\nI, Christian Porter, Minister for Social Services, make this legislative instrument under subsection 1237AB (1) of the Social Security Act 1991.\n\nDated: 19 December 2017\n\nChristian Porter\n\nMinister for Social Services\n\n1 Name of legislative instrument\n\nThis legislative instrument is the Social Security (Waiver of Debts — Bereavement Period) Specification 2017\n\n2 Commencement\n\nThis legislative instrument commences on the day after the end of the period for disallowing it.\n\n> Note: For that period, see section 42 of the Legislation Act 2003.\n\n3 Definitions\n\n> Note: Other definitions in the Act also apply. For example, bereavement period and income stream.\n\nIn this legislative instrument:\n\n> Act means the Social Security Act 1991.\n\n4 Specification of class of debts\n\nFor subsection 1237AB (1) of the Act, a debt in the following class of debts is specified:\n\n(a) a debt of a person that arises because the person receives a lump sum payment in arrears for an income stream that:\n\n(i) relates to a bereavement period or part of that period; and\n\n(ii) reverted to the person on the death of a primary beneficiary with whom the person was a member of a couple; and\n\n(b) the debt did not arise because the person knowingly made a false or misleading statement, or knowingly provided false information to the Commonwealth.\n\n.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument exercises the statutory power to specify a class of debts for waiver by defining a confined category (s4) and excluding debts from knowingly false statements (s4(b)). It narrows waiver eligibility to a specific factual scenario rather than expanding waiver scope beyond the Act’s delegation (preamble; s4)."},"complexity_factors":["Narrow, fact‑based eligibility criteria tied to specific events (reversion on death; bereavement period) (s4(a))","Exclusion for debts caused by knowingly false or misleading statements requires proof of knowledge (s4(b))","Relies on definitions in the Social Security Act (eg, bereavement period; income stream), creating cross‑reference complexity (s3)","Commencement depends on legislative disallowance period rather than a fixed date (s2)","Instrument is made under subsection 1237AB(1), so its effect depends on the scope of that statutory power (preamble)"],"plain_english_summary":"This instrument specifies a narrow class of social security debts that the Commonwealth may waive: debts arising when someone receives a lump‑sum arrears payment for an income stream covering (or part of) a bereavement period that reverted to them on the death of a primary beneficiary who was their partner, provided the debt did not arise from knowingly giving false or misleading information (preamble; s4). Mechanically, it removes recovery obligations for people meeting those factual criteria and requires the agency to verify entitlement and absence of fraud (s4; s3)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: specifying which debts related to bereavement period income streams can be waived. It has not expanded beyond this narrow, specific function."},"complexity_factors":["Very short instrument (only 4 sections)","Only 1 defined term ('Act')","Single, clearly defined class of debts with two straightforward conditions","No cross-references to other legislation beyond the enabling provision (subsection 1237AB(1) of the Social Security Act 1991)","No nested exceptions or conditional logic beyond the basic 'knowingly false statement' exclusion"],"plain_english_summary":"This law lets the government waive Centrelink debts that arise when a surviving partner receives a lump-sum payment (e.g. super or annuity) “in arrears” after their partner’s death and that payment reverts to them. It applies to surviving partners who weren’t at fault (no fraud or false info). It stops grieving people being penalised with benefit debts for payments they were entitled to."},"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-waiver-of-debts-bereavement-period-specification-2017","history":"/api/acts/social-security-waiver-of-debts-bereavement-period-specification-2017/history","analysis":"/api/acts/social-security-waiver-of-debts-bereavement-period-specification-2017/analysis","conflicts":"/api/acts/social-security-waiver-of-debts-bereavement-period-specification-2017/conflicts","importantCases":"/api/acts/social-security-waiver-of-debts-bereavement-period-specification-2017/important-cases","documents":"/api/acts/social-security-waiver-of-debts-bereavement-period-specification-2017/documents"}}