{"id":"F2026L00394","name":"Social Security (Youth Allowance) (Special Circumstances – Family) Instrument 2026","slug":"social-security-youth-allowance-special-circumstances-family-instrument-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443236,"registerId":"F2026L00394-fast-fetch-1775958122445","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Youth Allowance) (Special Circumstances – Family) Instrument 2026","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL]\"\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSocial Security (Youth Allowance) (Special Circumstances – Family) Instrument 2026\n\nI, Dani Chatillon, delegate of the Secretary of the Department of Social Services, make the following Instrument.\n\nDated 27.03.2026   \n\nDani Chatillon\n\nBranch Manager, Carer, Disability and Student Payments Branch\n\nDelegate of the Secretary of the Department of Social Services\n\n \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  Matters to be taken into account in deciding whether there are special circumstances relating to a person’s family\n\nSchedule 1—Repeals\n\nSocial Security (Special Circumstances - Family) Specification 2016\n\n \n\n1  Name\n\n  This instrument is the Social Security (Youth Allowance) (Special Circumstances – Family) Instrument 2026.\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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 542F(2A) of the Social Security Act 1991.\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\nNote: A number of expressions used in this instrument are defined in subsection 23(1) of the Act, including the following:\n\n(a) immediate family member;\n\n(b) member of a couple;\n\n(c) undertaking full-time study.\n\n  In this instrument:\n\nAct means the Social Security Act 1991.\n\n \n\n \n\n6  Matters to be taken into account in deciding whether there are special circumstances relating to a person’s family\n\n (1) The Secretary must take into account the matters set out in subsection (2) in deciding whether there are special circumstances relating to a person’s family that make it appropriate to make a determination in relation to the person under section 542F of the Act.\n\n (2) The matters are:\n\n (a) if one or more of the person’s children, as referred to in subsection 542F(2) of the Act, has not commenced school — the caring responsibilities of the person; and\n\n (b) any significant caring responsibilities of the person that:\n\n (i) require the person to care temporarily for an immediate family member who is incapacitated due to illness or accident; and\n\n (ii) prevent, or are likely to prevent, the person from undertaking full-time study,\n\n     unless the Secretary is satisfied that the responsibilities could have been avoided with appropriate planning; and\n\n (c) if:\n\n (i) the person has been subjected to domestic violence; and\n\n (ii) the domestic violence affects, or is likely to affect, the person’s capacity to meet undertaking full-time study requirements,\n\n the impact of the domestic violence; and \n\nNote:    The Secretary may make a determination under paragraph 542F(2)(a) of the Act if the person is the principal carer of one or more children and has been subjected to domestic violence in the 26 weeks prior to the making of the determination.  Paragraph 6(2)(c) of this Instrument will only be relevant if the domestic violence occurred more than 26 weeks prior to the making of the determination.              \n\n (d) if:\n\n (i) the person has ceased to be a member of a couple; and\n\n (ii) the effect of ceasing to be a member of a couple has had a significant adverse impact on the person’s emotional or physical well-being; and\n\n (iii) the effect on the person’s well-being prevents, or is likely to prevent, the person from undertaking full-time study,\n\n the person’s emotional or physical well-being.  \n\n \n\n \n\n\n\n\nSchedule 1—Repeals\n\nSocial Security (Special Circumstances - Family) Specification 2016\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument repeals the Social Security (Special Circumstances - Family) Specification 2016 (Schedule 1) and replaces it with a focused list of matters the Secretary must consider when making a s542F Youth Allowance special circumstances determination (see s6). The new text narrows the listed considerations to: caring for pre‑school children, temporary caring for an incapacitated immediate family member (subject to an avoidability test), domestic violence impacts with a 26‑week timing note, and the effects of ceasing to be a member of a couple on wellbeing (s6(2)(a)–(d))."},"complexity_factors":["Discretionary decision-maker: Secretary must apply the listed matters when deciding under s542F of the Act (Instrument, s6(1); Authority: s3 citing s542F(2A)).","Subjective factual tests: assessments hinge on whether responsibilities \"prevent, or are likely to prevent\" full-time study (s6(2)(b), (c)(ii), (d)(iii)).","Evidentiary and timing nuance: domestic violence is treated differently if within 26 weeks (note to s6(2)(c)); otherwise the Secretary must assess ongoing impact (s6(2)(c)).","Avoidability test: responsibilities are excluded if \"could have been avoided with appropriate planning,\" a fact‑specific, potentially contentious inquiry (s6(2)(b)).","Overlap of medical, emotional and social indicators: requirements refer to emotional or physical wellbeing and incapacitation, creating multi-disciplinary evidence needs (s6(2)(b)(i); s6(2)(d)).","Definitions anchored to the Act: several expressions rely on subsection 23(1) of the Social Security Act, adding dependency on statutory definitions and their interpretation (Instrument, Definitions).","Repeal and replacement risk: wholesale repeal of the 2016 specification (Schedule 1) may change prior administrative practice and evidence expectations.","Administrative burdens: decisionmaking will require collecting and weighing care arrangements, medical or counselling evidence, and evidence about planning and timing—raising compliance costs for applicants and processing costs for the Department."],"plain_english_summary":"This instrument sets out the specific family-related factors the Secretary of the Department of Social Services must consider when deciding whether a young person should receive a Youth Allowance \"special circumstances\" determination under section 542F. It replaces the prior 2016 specification. \n\nIt applies to applicants with caring responsibilities (including caring for pre-school children or temporarily for an incapacitated immediate family member), applicants affected by domestic violence (with a timing nuance), and those recently separated from a partner. The Secretary makes the decision; applicants will need evidence about care, planning, violence or wellbeing impacts."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument appears to maintain the same scope as its predecessor (the 2016 Specification). It updates the legislative vehicle (from 'Specification' to 'Instrument') and modernises the drafting, but covers the same four categories of family-related special circumstances: caring for pre-school children, emergency care responsibilities, domestic violence impacts, and relationship breakdown effects. The repeal and replacement suggests a machinery-of-government update rather than scope expansion."},"complexity_factors":["Short instrument with only 6 substantive sections plus a repeal schedule","Only 1 defined term ('Act') in the interpretation section, with 3 terms cross-referenced to the parent Act","Simple structure: definition, operative provision with 4 enumerated factors, and repeal","Limited conditional logic — only one nested condition (the 'unless' clause in paragraph 6(2)(b) regarding planning)","Clear delineation between this instrument and related provisions (note clarifying the 26-week domestic violence rule)","No cross-references to other legislative instruments beyond the parent Act and the repealed instrument"],"plain_english_summary":"This law defines when Centrelink can treat a Youth Allowance student as having \"special circumstances\" so they can study part‑time or take a break without losing payments when family crises (care duties, emergency family care, domestic violence older than 26 weeks, or recent relationship breakdown) make full‑time study impossible.\n\nIt affects student Youth Allowance recipients and replaces the 2016 rule to protect income support during genuine family hardship while limiting potential misuse."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-youth-allowance-special-circumstances-family-instrument-2026","history":"/api/acts/social-security-youth-allowance-special-circumstances-family-instrument-2026/history","analysis":"/api/acts/social-security-youth-allowance-special-circumstances-family-instrument-2026/analysis","conflicts":"/api/acts/social-security-youth-allowance-special-circumstances-family-instrument-2026/conflicts","importantCases":"/api/acts/social-security-youth-allowance-special-circumstances-family-instrument-2026/important-cases","documents":"/api/acts/social-security-youth-allowance-special-circumstances-family-instrument-2026/documents"}}