Part Part 3 - Social Security (Assurances of Support) Determination 2018 - Requirements for persons to give assurances of support for visa entrants | Zoe
This instrument is the Social Security (Assurances of Support) Determination 2018.
3 Authority
This instrument is made under section 1061ZZGH of the Social Security Act 1991.
5 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
Note: (a) Australian resident;
Note: (b) partner.
(1) In this instrument:
Act means the Social Security Act 1991.
adjusted fringe benefits total has the meaning given by clause 4 of Schedule 3 to the Family Assistance Act.
adult means a person who is 18 years of age or more.
applicable supplement amount has the meaning given by subclause 38A(2) of Schedule 1 to the Family Assistance Act.
approved proposing organisation has the meaning given by clause 202.111 of Schedule 2 to the Migration Regulations 1994.
assessable income of an individual for a financial year means the total of:
(a) the individual’s taxable income for the income year; and
(b) the individual’s target foreign income for the financial year; and
(c) the total amount of any tax free pension or benefit paid or payable to the individual for the financial year; and
(d) the individual’s adjusted fringe benefits total for the financial year; and
(e) any tax free salary paid for service that occurred during the financial year while the individual was on overseas deployment as a member of the Australian Defence Force or Australian Federal Police for the financial year.
assurance of support has the meaning given by section 1061ZZGA of the Act. base FTB child rate has the meaning given by clause 8 of Schedule 1 to the Family Assistance Act.
base FTB child rate has the meaning given by clause 8 of Schedule 1 to the Family Assistance Act.
body means:
(a) a person (other than an individual); or
(b) a group of individuals or other persons.
Note 1: Expressions used to denote persons generally (such as “person”) include a body politic or corporate as well as an individual — see section 2C of the Acts Interpretation Act 1901.
Note 2: Individual means a natural person — see section 2B of the Acts Interpretation Act 1901.
Note: Example: Paragraph (b) — an unincorporated association.
child means a person who is under 18 years of age.
Community Support Programme entrant means an adult applicant for a Global Special Humanitarian Visa (subclass 202) if the visa application includes a proposal by an approved proposing organisation.
current financial year, for a person who gives an assurance of support, means the financial year in which the assurance of support is given by the person.
Family Assistance Act means A New Tax System (Family Assistance) Act 1999.
first financial year, for a person who gives an assurance of support, means the financial year ending immediately before the current financial year.
maximum basic jobseeker payment amount means the amount equal to 26.0714286 multiplied by the amount covered by column 3A of item 4A in Table B in point 1068‑B1 of the Act (including that amount as indexed).
notice of assessment means a notice of assessment issued under the Income Tax Assessment Act 1936.
primary criteria, for a visa of a particular class or subclass, means the primary criteria set out in the relevant Part of Schedule 1 or 2 to the Migration Regulations 1994 applicable to that class of visa.
secondary criteria, for a visa of a particular class or subclass, means the secondary criteria (if any) set out in the relevant Part of Schedule 1 or 2 to the Migration Regulations 1994.
second financial year, for a person who gives an assurance of support, means the financial year ending immediately before the first financial year.
single assurer means an assurer who gives an assurance of support other than jointly with another person or persons.
Note: If enabling legislation confers on a person the power to make a legislative instrument then expressions used in any instrument so made have the same meaning as in the enabling legislation as in force from time to time – see paragraph 13(1)(b) of the Legislation Act 2003. “Assurer” is used in the enabling legislation – for example, see sections 1061ZZGE, 1061ZZGG and 1061ZZGH of the Social Security Act 1991.
State includes the Australian Capital Territory and the Northern Territory.
State agency means any of the following:
(a) the Crown in right of a State;
(b) a Minister of a State;
(c) a State Government Department;
(d) an instrumentality of a State, including a corporation established for a public purpose by or under a law of a State.
target foreign income has the meaning given by subclause 5(1) of Schedule 3 to the Family Assistance Act.
taxable income has the meaning given by section 4‑15 of the Income Tax Assessment Act 1997.
tax free pension or benefit means a payment mentioned in clause 7 of Schedule 3 to the Family Assistance Act.
visa entrant means an adult applicant for a visa other than a Community Support Programme entrant.
(2) A reference in this instrument to a visa of a particular class is a reference to the visa of that class mentioned in Schedule 1 to the Migration Regulations 1994.
(3) A reference in this instrument to a visa of a particular subclass is a reference to the visa of that subclass mentioned in Schedule 2 to the Migration Regulations 1994.
Part 2—Social security payments
6 Social security payments
(1) For the purposes of paragraph (b) of the definition of assurance of support in section 1061ZZGA and paragraph 1061ZZGG(1)(c) of the Act, the social security payments in the following table are specified.
Item
Social security payment
1
Widow allowance under Part 2.8A of the Act
2
Parenting payment under Part 2.10 of the Act
3
Youth allowance under Part 2.11 of the Act
4
Austudy payment under Part 2.11A of the Act
5
Jobseeker payment under Part 2.12 of the Act
6
Mature age allowance under Part 2.12A or 2.12B of the Act
7
Sickness allowance under Part 2.14 of the Act
8
Special benefit under Part 2.15 of the Act
9
Partner allowance under Part 2.15A of the Act
(2) A social security payment mentioned in the following table is specified if the payment is made because a payment specified under subsection (1) is made.
Item
Supplementary social security payment
1
Approved program of work supplement under Part 2.10, 2.11 or 2.12 of the Act
2
Education entry payment under Part 2.13A of the Act
3
Language, literacy and numeracy supplement under Part 2.21A of the Act
4
Crisis payment under Part 2.23A of the Act
5
Pensioner education supplement under Part 2.24A of the Act
6
Telephone allowance under Part 2.25 of the Act
7
Utilities allowance under Part 2.25A of the Act
8
Fares allowance under Part 2.26 of the Act
Part 3—Requirements for persons to give assurances of support for visa entrants
7 Application of this Part
This Part is made for the purposes of section 1061ZZGB of the Act in relation to persons who give assurances of support for visa entrants.
Note: See Part 4 for requirements that must be met by a person in order to be permitted to give an assurance of support for Community Support Programme entrants.
8 Requirements for individuals
(1) This section specifies the requirements that must be met by an individual in order to be permitted to give an assurance of support for a visa entrant.
(2) The individual must be:
(a) an adult; and
(b) an Australian resident.
(3) The individual may not give an assurance of support for a visa entrant if:
(a) the individual has previously given an assurance for 2 visa entrants (whether in a single assurance or 2 separate assurances) and each assurance remains in force; or
(b) the individual:
(i) has previously given an assurance of support for 1 visa entrant and that assurance remains in force; and
(ii) has previously given an assurance of support for 1 visa entrant for whom the Secretary has not yet accepted or rejected the assurance; or
(c) the individual has previously given an assurance for 2 visa entrants (whether in a single assurance or 2 separate assurances) and the Secretary has not yet accepted or rejected either or both of those assurances.
Note: There are no restrictions on the number of children for whom an individual may give an assurance of support.
(4) The individual may not give an assurance jointly with another individual or other individuals, for a visa entrant (the assured), if acceptance of the assurance would result in assurances from more than 3 individuals being in force for the assured.
9 Requirements for bodies
(1) This section specifies the requirements that must be met by a body in order to be permitted to give an assurance of support for a visa entrant.
(2) A body is not permitted to give an assurance of support for a visa entrant unless it is:
(a) a State agency;
(b) an unincorporated association; or
(c) a body corporate.
(3) A body other than a State agency must:
(a) if the body is an unincorporated association — have an address in Australia and intend to maintain an address in Australia while any assurance of support given by the body remains in force; or
(b) if the body is a body corporate — be incorporated in Australia (within the meaning of the Corporations Act 2001) and intend to remain incorporated in Australia while any assurance of support given by the body remains in force.
(4) The body may not give an assurance of support for a visa entrant if:
(a) the body has previously given an assurance for 2 visa entrants (whether in a single assurance or 2 separate assurances) and each assurance remains in force; or
(b) the body:
(i) has previously given an assurance of support for 1 visa entrant and that assurance remains in force; and
(ii) has previously given an assurance of support for 1 visa entrant for whom the Secretary has not yet accepted or rejected the assurance; or
(c) the body has previously given an assurance for 2 visa entrants (whether in a single assurance or 2 separate assurances) and the Secretary has not yet accepted or rejected either or both of those assurances.
Note: There are no restrictions on the number of children for whom a body may give an assurance of support.
(5) The body must not give an assurance of support jointly with another body or individual.
Part 4—Requirements for persons to give assurances of support for Community Support Programme entrants
10 Application of this Part
This Part is made for the purposes of section 1061ZZGB of the Act in relation to persons who give assurances of support for Community Support Programme entrants.
Note: See Part 3 for requirements that must be met by a person in order to be permitted to give an assurance of support for visa entrants.
11 Requirements for individuals
(1) This section specifies the requirements that must be met by an individual in order to be permitted to give an assurance of support for a Community Support Programme entrant.
(2) The individual must be:
(a) an adult; and
(b) an Australian resident.
(3) The total number of Community Support Programme entrants covered by the following assurances of support must be no more than 4:
(a) the assurance of support currently proposed to be given by the individual;
(b) any previous assurances of support given by the individual that are either in force or awaiting a decision of the Secretary under subsection 1061ZZGD(1) of the Act.
Note: Community Support Programme entrants are adults. There are no restrictions on the number of children for whom an individual may give an assurance of support.
(4) The individual may not give an assurance jointly with another individual or other individuals, for a Community Support Programme entrant (the assured), if acceptance of the assurance would result in assurances from more than 3 individuals being in force for the assured.
12 Requirements for bodies
(1) This section specifies the requirements that must be met by a body, other than a State agency, in order to be permitted to give an assurance of support for a Community Support Programme entrant.
(2) A body is not permitted to give an assurance of support for a Community Support Programme entrant unless it is:
(a) an unincorporated association; or
(b) a body corporate.
(3) The body must:
(a) if the body is an unincorporated association — have an address in Australia and intend to maintain an address in Australia while any assurance of support given by the body remains in force; or
(b) if the body is a body corporate — be incorporated in Australia (within the meaning of the Corporations Act 2001) and intend to remain incorporated in Australia while any assurance of support given by the body remains in force.
(4) The total number of Community Support Programme entrants covered by the following assurances of support must be no more than 15:
(a) the assurance of support currently proposed to be given by the body;
(b) any previous assurances of support given by the body that are either in force or awaiting a decision of the Secretary under subsection 1061ZZGD(1) of the Act.
Note: Community Support Programme entrants are adults. There are no restrictions on the number of children for whom a body may give an assurance of support.
(5) The body must not give an assurance of support jointly with another body or individual.
Part 5—Requirements for Secretary to accept assurance of support
13 Application of this Part
For the purposes of paragraph 1061ZZGD(2)(a) of the Act, this Part specifies the requirements to be met, in relation to a person giving assurances of support, for the Secretary to be permitted to accept such assurances.
14 Income requirement for an individual
(1) An individual who gives an assurance of support must meet the income requirement specified in section 15 (in respect of a single assurer) or section 16 (in respect of a joint individual assurer).
(2) Subject to subsection (5), the income requirement is about providing evidence acceptable to the Secretary about the individual’s assessable income for:
(a) if:
(i) the person does not have current available evidence of assessable income for the first financial year; or
(ii) the person’s assessable income for the first financial year was reduced due to a temporary change in the person’s circumstances;
‑ the current financial year, and the second financial year; and
(b) otherwise – the current financial year and the first financial year.
(3) For the current financial year, the individual must provide evidence about his or her assessable income for the part of the financial year up to the date on which the assurance is given, which may include the following:
(a) a document showing the individual’s gross income and period of service or employment, such as a payslip, group certificate, letter from the person’s employer, or contract for service or employment;
(b) a financial statement or other business record showing the individual’s gross and net business income for a specified period;
(c) documents showing payments of the kind mentioned in paragraphs (b) to (e) of the definition of assessable income in subsection 5(1) that have been paid to the individual in the current financial year.
(4) For each of the first and second financial years, the individual must provide the following evidence:
(a) a notice of assessment issued in relation to the individual and the year;
(b) if the notice of assessment does not disclose sufficient income to satisfy the income requirement in subsection 15(2) or subsection 16(2) — documents showing payments of the kind mentioned in paragraphs (b) to (e) of the definition of assessable income in subsection 5(1) that have been paid to the individual in that financial year.
(5) If an individual’s assessable income for a financial year exceeds the amount required by subsection 15(2) or 16(2) (the relevant amount), he or she need only provide evidence of the relevant amount of that income.
15 Income requirement for single individual assurer
(1) This section applies to an individual who gives an assurance of support as a single assurer.
(2) The individual meets the income requirement for the current financial year, first financial year or second financial year if the amount of the individual’s assessable income for that year is at least the total of:
(a) the maximum basic jobseeker payment amount, applicable on 1 July of the current financial year, multiplied by the total of:
(i) one (representing the individual giving the assurance of support); and
(ii) the total number of adults receiving assurance under an assurance of support given by the person; and
(b) the amount obtained by adding together, for each child of the person giving assurance under an assurance of support:
(i) the base FTB child rate applicable on 1 July of the current financial year; and
(ii) the applicable supplement amount applicable on 1 July of the current financial year.
16 Income requirement for joint individual assurers
(1) This section applies to an individual who gives an assurance of support jointly with another individual or other individuals.
Note: Individual means a natural person – see section 2B of the Acts Interpretation Act 1901.
(2) The individual assurer meets the income requirement for the current financial year, first financial year or second financial year if the combined amount of assessable income of the assurers for that year is at least the total of the following amounts:
(a) the maximum basic jobseeker payment amount, applicable on 1 July of the current financial year, multiplied by the total of:
(i) the total number of individuals giving assurance under the assurance of support; and
(ii) the total number of adults receiving assurance under an assurance of support given by the individual; and
(b) the amount obtained by adding together, for each child of an individual giving assurance under the assurance of support:
(i) the base FTB child rate applicable on 1 July of the current financial year; and
(ii) the applicable supplement amount applicable on 1 July of the current financial year.
17 Requirements for bodies
(1) An assurance of support that is given by a body must be given on behalf of the body by a person who is properly authorised to give the assurance.
(2) For a body other than a State agency, a requirement to be met as mentioned in section 13 is that the body:
(a) for a body corporate—satisfies subsection (3) or (4); or
(b) for a body other than a body corporate—satisfies subsection (4); or
(c) in any case—otherwise has the capacity to support the adults receiving assurance under the assurance of support.
(3) A body satisfies this subsection if the body’s profit, from carrying on a business or businesses for each of the last 2 financial years ending before the financial year (the current year) in which the body gave the assurance of support, was at least equal to the maximum basic jobseeker payment amount, applicable on 1 July of the current year, multiplied by the number of adults receiving assurance under the assurance of support.
(4) A body satisfies this subsection if the body has, on the day the body gave the assurance of support, an amount of readily available funds (see subsection (5)) at least equal to $5,000 multiplied by the number of adults receiving assurance under the assurance of support.
(5) In this section:
readily available funds means the following:
(a) money in an account, or on deposit, with an authorised deposit‑taking institution within the meaning of the Banking Act 1959;
(b) bank bills accepted, or endorsed, by such an institution;
(c) marketable securities (within the meaning of section 9 of the Corporations Act 2001).
Part 6—Value of securities
18 Values of securities required for Secretary’s acceptance of assurances
For the purposes of paragraph 1061ZZGD(3)(b) of the Act, this Part specifies the values of securities to be given for the Secretary to be permitted to accept assurances of support.
19 Value of security for an individual
(1) This section specifies the value of a security to be given by an individual.
(2) The following values of securities are specified:
(a) for an assurance of support for an application for a Contributory Parent (Migrant) (Class CA) visa or a Contributory Aged Parent (Residence) (Class DG) visa, for a person identified in the assurance seeking to satisfy the primary criteria for the grant of the visa — $10 000;
(b) for an assurance of support for an application for a visa of the
kind mentioned in paragraph (a), for a person identified in the assurance seeking to satisfy the secondary criteria for the grant of the visa — $4 000;
(c) for an assurance of support for an application for a visa other than the kind mentioned in paragraphs (a) or (b), for a person identified in the assurance seeking to satisfy the primary criteria for the grant of the visa — $5 000;
(d) for an assurance of support for an application for a visa other than the kind mentioned in paragraphs (a) or (b), for a person identified in the assurance who is seeking to satisfy the secondary criteria for the grant of the visa — $2 000.
20 Value of security for a body
(1) The following values of securities are specified for an assurance of support given by a body (other than a State agency):
(a) if the assurance is for 10 years — $20, 000.
(b) in any other case — $10, 000;
(2) The value of securities specified for an assurance of support given by a State agency is in all instances nil.
Part 8 — When accepted assurances remain in force
24 Periods for which assurances of support remain in force
For subparagraph 1061ZZGF(1)(b)(i) of the Act, the following periods are specified:
(a) for an assurance of support for a Subclass 143 (Contributory Parent (Migrant)) (Class CA) visa or a Subclass 864 (Contributory Aged Parent (Residence)) (Class DG) visa – 10 years;
(b) for an assurance of support for a Community Support Programme entrant – 12 months;
(c) for an assurance of support for a Subclass 115 (Remaining Relative) (Class BO) visa, Subclass 835 (Remaining Relative) (Class BU) visa, Subclass 117 (Orphan Relative) (Class AH) visa or Subclass 837 (Orphan Relative) (Class BT) visa – 2 years;
(d) in any other case – 4 years.
25 Circumstances in which assurances of support cease to be in force
For subparagraph 1061ZZGF(1)(b)(iii) of the Act, the following circumstances are specified:
(a) after arrival in Australia, a person identified in an assurance of support, other than a Community Support Programme entrant, is granted refugee status by the Australian Government;
(b) the visa of a person identified in an assurance of support is cancelled;
(c) a person is the only person identified in an assurance of support and the person dies;
(ca) a body corporate that has given an assurance of support is deregistered (within the meaning of the Corporations Act 2001) and, in the opinion of the Secretary, the circumstances justify cancellation of the assurance of support;
(d) the following special circumstances that, in the opinion of the Secretary, justify cancellation of an assurance of support:
(i) an accident, disability, illness or other circumstance that has critically affected the assurer’s ability to provide adequate support;
(ii) the incapacity of a person identified in an assurance of support to travel to Australia before the expiration of a visa.
Note: Financial hardship on the part of an assurer is not, of itself, a special circumstance.
Note: Example 1: A person has provided a 10 year assurance for their mother to come to Australia from China. Shortly after the mother’s visa was granted she was diagnosed with a terminal illness and advised by her medical practitioner that travel outside China would be impossible for the foreseeable future. The mother has requested that the assurance of support be cancelled and the $10 000 security refunded.
Note: Cancellation is likely to be granted in this case.
Note: Example 2: A person (the assurer) with an income of approximately $90 000 has provided a 2 year assurance for his mother‑in‑law. One year after the assuree’s arrival in Australia, the assurer bought a more expensive home with a higher mortgage repayment. Also, his wife has had a baby and he has ceased paid employment. He is no longer in a position to provide any financial support for the assuree, who has approached Centrelink for assistance. The assurer has requested that the assurance of support be cancelled in view of his increased financial and family commitments.
Note: Cancellation is unlikely to be granted in this case. It is the assurer’s responsibility to manage his financial affairs and meet any social security debts incurred by the assuree.
Part 9—Application provisions
26 Application provisions—amendments made by the Social Security (Assurances of Support) Amendment Determination 2022
(1) The amendment of section 11 made by Schedule 1 to the Social Security (Assurances of Support) Amendment Determination 2022 applies in relation to working out whether an assurance of support is able to be given by an individual on or after the commencement of this section, whether the assurances of support covered by paragraph 11(3)(b), as substituted by that Schedule, were given before, on or after that commencement.
(2) The amendment of section 12 made by Schedule 1 to the Social Security (Assurances of Support) Amendment Determination 2022 applies in relation to working out whether an assurance of support is able to be given by a body on or after the commencement of this section, whether the assurances of support covered by paragraph 12(4)(b), as substituted by that Schedule, were given before, on or after that commencement.
(3) The amendment of section 17 made by Schedule 1 to the Social Security (Assurances of Support) Amendment Determination 2022 applies in relation to an assurance of support given by a body, other than a State agency, on or after the commencement of this section.