Social Security Act 1991
The Social Security Act 1991 is the principal legislation governing Australia’s social security system. The Act provides for income support payments to individuals and families, including the Age Pension, the Disability Support Pension, Carer Payment, Newstart Allowance (replaced by JobSeeker Payment in 2020), Parenting Payment, Family Tax Benefit, and Rent Assistance. The Act establishes the eligibility criteria, payment rates, means testing (income and assets tests), and administrative framework for each payment. The Act is administered by Services Australia (formerly Centrelink). The Act operates alongside the Social Security (Administration) Act 1999, which governs procedural matters.
Legal area: Social welfare law provides the statutory framework for income support payments and social security benefits.
Year enacted: 1991
Full text: https://www.legislation.gov.au/Details/C1991A00046
Key Provisions
- Part 2.2: Age Pension (eligibility, portability, means testing)
- Part 2.3: Disability Support Pension (medical eligibility, work capacity)
- Part 2.11: JobSeeker Payment (activity tests, mutual obligations)
- Part 2.15: Parenting Payment (single and partnered)
- Part 3.2: Family Tax Benefit (rates, eligibility, reconciliation)
- Part 3.14: Rent Assistance
- Part 4.2: Income test (assessment of employment and other income)
- Part 4.3: Assets test (valuation of assets, deprivation)
Significance
The Social Security Act 1991 is the legislative foundation of Australia’s social safety net, supporting millions of Australians. The Age Pension, subject to income and assets testing, provides a safety net for retirees. The Disability Support Pension provides income support for people with permanent disabilities who cannot work. The Act has been extensively amended to tighten eligibility, introduce activity tests (mutual obligations), and automate compliance through the controversial ‘robodebt’ scheme, which was found to be unlawful in 2019.