Commonwealth Numbered Regulations - Explanatory Statements

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SOCIAL SECURITY REGULATIONS 2004 2004 NO. 298

EXPLANATORY STATEMENT

Statutory Rules 2004 No. 298

Issued by the Authority of the Minister for Family and Community Services

Subject:       Social Security Act 1991 and Social Security (Administration) Act 1999

Social Security Regulations 2004

Subsection 243(1) of the Social Security (Administration) Act 1999 provides that the Governor-General may make regulations prescribing matters required or permitted by, among other legislation, the Social Security Act 1991 (the Act) to be prescribed, or necessary or convenient for carrying out or giving effect to the Act.

Paragraph 1212B(c) of the Act provides that a person's absence is a "humanitarian purpose" at a particular time if it is for a purpose specified in regulations for the purposes of that paragraph. Under Part 4.2 of the Act, a person can continue to receive a range of social security payments (including newstart allowance and youth allowance) while temporarily absent from Australia, if the absence is for a humanitarian purpose.

The purpose of the proposed Regulations is to specify that attendance, as an official team member, for participation as a competitor at the Paralympic Games is a "humanitarian purpose", for the purposes of Part 4.2 of the Act, enabling the competitor to continue to receive their social security payment while temporarily overseas.

The Regulations commenced on the date of their notification in the Gazette.


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