{"id":"F2021L00865","name":"Social Security (Waiver of Debts – Self Managed Superannuation Funds and Small APRA Funds) (DSS) Specification 2021","slug":"social-security-waiver-of-debts-self-managed-superannuation-funds-and-small-apra-funds-dss-specifica","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440902,"registerId":"F2021L00865-fast-fetch-1775956362060","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Waiver of Debts – Self Managed Superannuation Funds and Small APRA Funds) (DSS) Specification 2021","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\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 (Waiver of Debts – Self Managed Superannuation Funds and Small APRA Funds) (DSS) Specification 2021\n\nI, Anne Ruston, Minister for Families and Social Services make the following Specification.\n\nDated 17 June 2021   \n\nAnne Ruston\n\nMinister for Families and Social Services\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Class of debts\n\nSchedule 1—Repeals\n\nSocial Security (Waiver of Debts – Self Managed Superannuation Funds and Small APRA Funds) (FaHCSIA) Specification 2011\n\nSocial Security (Waiver of Debts – Self Managed Superannuation Funds and Small APRA Funds) (DEEWR) Specification 2011\n\n \n\n \n\n1  Name\n\n  This instrument is the Social Security (Waiver of Debts – Self Managed Superannuation Funds and Small APRA Funds) (DSS) Specification 2021.\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 the last day on which a resolution disallowing the Social Security (Waiver of Debts – Self Managed Superannuation Funds and Small APRA Funds (DSS) Specification 2021 or a provision of that instrument could be passed by either House of the Parliament as referred to in section 42 of the Legislation Act 2003. However, the provisions do not commence at all if that instrument or a provision of that instrument is disallowed or taken to have been disallowed on or before that last day.\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 subsection 1237AB(1) of the Social Security Act 1991.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in of the Social Security Act 1991, including the following:\n\n(a) asset-test exempt income stream; and\n\n(b) asset-tested income stream (long term).\n\n  In this instrument:\n\nAct means the Social Security Act 1991.\n\nAPRA means the Australian Prudential Regulation Authority.\n\nmarket-linked income stream is an income stream that meets the requirements of section 9BA of the Act, other than subparagraph 9BA(1)(a)(i).\n\nself managed superannuation fund has the same meaning as in section 17A of the Superannuation Industry (Supervision) Act 1993.\n\nsmall APRA fund has the same meaning as in subsection 1017BB(6) of the Corporations Act 2001.\n\n5  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\n6  Class of debts\n\n  For section 1237AB of the Act, a debt is in a specified class of debts if:\n\n1.     it is a debt due to the Commonwealth by a person under section 1223A of the Act; and\n2.     the debt did not arise because the person knowingly made a false or misleading statement, or knowingly provided false information to the Commonwealth; and\n3.     before the commencement of this instrument, the income stream that is relevant for the purposes of section 1223A:\n  1.      was:\n    1.       an asset-test exempt income stream which met the requirements of either sections 9A or 9B of the Act; or\n    2.       an asset-tested income stream (long term) that was previously an asset-test exempt income stream which failed to meet the requirements of either paragraph 9A(1)(b) or 9B(1A)(b) of the Act; and\n  2.    was sourced from:\n    1.       a self managed superannuation fund; or\n    2.       a small APRA fund; and\n4.     on or after the commencement of this instrument, the income stream that is relevant for the purposes of section 1223A is commuted and rolled over to purchase a 100 percent asset tested market-linked income stream.\n\n\n\n\n\nSchedule 1—Repeals\n\nSocial Security (Waiver of Debts – Self Managed Superannuation Funds and Small APRA Funds) (FaHCSIA) Specification 2011\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n\nSocial Security (Waiver of Debts – Self Managed Superannuation Funds and Small APRA Funds) (DEEWR) Specification 2011\n\n2  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It is a direct replacement of the 2011 Specifications with the same purpose: waiving specific social security debts related to SMSF and small APRA fund income streams. The mechanism (debt waiver in exchange for rollover to market-linked income stream) remains unchanged. The only update is departmental restructure (DSS replacing FaHCSIA/DEEWR) and minor technical alignment with current legislative references."},"complexity_factors":["Multiple cross-references to external legislation (Social Security Act 1991, Superannuation Industry (Supervision) Act 1993, Corporations Act 2001)","Technical superannuation terminology requiring specialist knowledge (asset-test exempt income stream, market-linked income stream, commutation, rollover)","Nested conditional logic in section 6 with four main conditions and sub-conditions (6(3)(a)(i) and (ii) structure)","Reliance on defined terms from other Acts rather than standalone definitions","Temporal conditions (before commencement vs on or after commencement)","Repeal of two predecessor instruments creating legislative continuity complexity"],"plain_english_summary":"This instrument allows the government to waive certain social security overpayment debts that arose when income streams from Self‑Managed Superannuation Funds (SMSFs) or Small APRA Funds lost their asset‑test‑exempt status. To qualify, the recipient must roll the income stream into a market‑linked, 100% asset‑tested income stream; debts tied to deliberate fraud are excluded. It replaces two earlier 2011 instruments and resolves unfair, technical debt outcomes by trading a clean slate for a fully assessable arrangement going forward."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument replaces two 2011 specifications but does not on its face state that it broadens or narrows eligibility relative to those repealed instruments. Determining any change in substantive scope requires comparison with the repealed instruments' texts; the current instrument itself simply sets the qualification conditions for waiver (see Schedule 1 and cl.6)."},"complexity_factors":["Cross‑references to multiple provisions of the Social Security Act (notably s1237AB, s1223A, s9A, s9B and s9BA) meaning eligibility depends on reading several provisions together (see instrument, definition of 'Act' and cl.6).","Multiple conjunctive conditions for eligibility (debt under s1223A; not arising from knowingly false/misleading information; pre‑commencement asset‑test exempt status or previously exempt long‑term stream; commuted and rolled to a 100% asset‑tested market‑linked income stream) increase interpretive complexity (cl.6(1)–(4)).","Technical financial definitions imported by reference ('market‑linked income stream' defined by reference to s9BA; 'self managed superannuation fund' and 'small APRA fund' defined by other Acts) require cross‑statute interpretation (Definitions, cl.4).","Commencement rule is linked to parliamentary disallowance timing rather than a fixed date, which complicates retrospective effect and administrative timing (cl.2).","Administrative and evidentiary burden on decision‑maker to verify origin of the income stream, the absence of 'knowingly' false information, and that a 100% asset‑tested market‑linked income stream was purchased (cl.6).","Instrument repeals two earlier specifications (Schedule 1), so administrations must reconcile prior instruments' coverage with the new text to assess ongoing cases."],"plain_english_summary":"This Specification defines a narrow class of social security debts that may be waived under section 1237AB of the Social Security Act. It covers debts under section 1223A that were not caused by knowingly false information, where the relevant income stream came from a self‑managed superannuation fund or a small APRA fund and, after commencement, was commuted and rolled into a 100% asset‑tested market‑linked income stream. It also repeals two 2011 instruments."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-waiver-of-debts-self-managed-superannuation-funds-and-small-apra-funds-dss-specifica","history":"/api/acts/social-security-waiver-of-debts-self-managed-superannuation-funds-and-small-apra-funds-dss-specifica/history","analysis":"/api/acts/social-security-waiver-of-debts-self-managed-superannuation-funds-and-small-apra-funds-dss-specifica/analysis","conflicts":"/api/acts/social-security-waiver-of-debts-self-managed-superannuation-funds-and-small-apra-funds-dss-specifica/conflicts","importantCases":"/api/acts/social-security-waiver-of-debts-self-managed-superannuation-funds-and-small-apra-funds-dss-specifica/important-cases","documents":"/api/acts/social-security-waiver-of-debts-self-managed-superannuation-funds-and-small-apra-funds-dss-specifica/documents"}}