Social Security (Youth Allowance) (Special Circumstances – Family) Instrument 2026
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Commonwealth Coat of Arms of Australia
Social Security (Youth Allowance) (Special Circumstances – Family) Instrument 2026
I, Dani Chatillon, delegate of the Secretary of the Department of Social Services, make the following Instrument.
Dated 27.03.2026
Dani Chatillon
Branch Manager, Carer, Disability and Student Payments Branch
Delegate of the Secretary of the Department of Social Services
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
5 Definitions
6 Matters to be taken into account in deciding whether there are special circumstances relating to a person’s family
Schedule 1—Repeals
Social Security (Special Circumstances - Family) Specification 2016
1 Name
This instrument is the Social Security (Youth Allowance) (Special Circumstances – Family) Instrument 2026.
2 Commencement
(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.
- Commencement information
- Column 1 Column 2 Column 3
- Provisions Commencement Date/Details
-
- The whole of this instrument The day after this instrument is registered.
Note: This table relates only to the provisions of this instrument as originally made.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.
(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.
3 Authority
This instrument is made under subsection 542F(2A) of the Social Security Act 1991.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
5 Definitions
Note: A number of expressions used in this instrument are defined in subsection 23(1) of the Act, including the following:
(a) immediate family member;
(b) member of a couple;
(c) undertaking full-time study.
In this instrument:
Act means the Social Security Act 1991.
6 Matters to be taken into account in deciding whether there are special circumstances relating to a person’s family
(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.
(2) The matters are:
(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
(b) any significant caring responsibilities of the person that:
(i) require the person to care temporarily for an immediate family member who is incapacitated due to illness or accident; and
(ii) prevent, or are likely to prevent, the person from undertaking full-time study,
unless the Secretary is satisfied that the responsibilities could have been avoided with appropriate planning; and
(c) if:
(i) the person has been subjected to domestic violence; and
(ii) the domestic violence affects, or is likely to affect, the person’s capacity to meet undertaking full-time study requirements,
the impact of the domestic violence; and
Note: 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.
(d) if:
(i) the person has ceased to be a member of a couple; and
(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
(iii) the effect on the person’s well-being prevents, or is likely to prevent, the person from undertaking full-time study,
the person’s emotional or physical well-being.
Schedule 1—Repeals
Social Security (Special Circumstances - Family) Specification 2016
1 The whole of the instrument
Repeal the instrument.