The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication intended only as a guide to social security payments. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

8.7.7.20 Community Body May Vary Percentage of Restricted Portion

Varying percentage

After assessing an application in accordance with the community body's guidelines, the community body may give DHS a written direction to vary the percentage of the restricted portion (8.7.2.20) and unrestricted portion (8.7.2.40) for a particular trial participant (8.7.4.10) or voluntary participant (8.7.4.20).

The written direction from the community body relating to a trial participant:

  • must reflect an agreement between the community body and the trial participant or voluntary participant,
  • may only be changed by the community body with the agreement of the trial participant or voluntary participant,
  • must be revoked by the community body if there is no longer agreement between the body and trial participant or voluntary participant, and
  • ceases to have effect on and after the day that the community body stops being authorised as a community body.

The percentage amounts specified in the written direction:

  • must total 100%,
  • may have a restricted portion in the range of 80% to 50%, and
  • may have an unrestricted portion in the range of 20% to 50%.

If an applicant is unsatisfied with the panel's decision, they can appeal this decision and reapply to the panel.

The community body can at any time decide to review their decision and revoke the original decision if they become aware of a change in circumstances of the applicant. This revocation can be made without the participant's agreement.

A determination made under SS(Admin)Act section 124PJ(3) would override the community body's written direction for the period that the determination is in force.

Example: Joe is a participant in the Cashless Debit Card Trial and has applied to the community body to reduce the percentage of his restricted portion. The community body assessed Joe's application according to their guidelines and decided that they will reduce Joe's restricted portion to 50%. The community body then sends DHS instructions that in future Joe's restrictable payments are to be split 50% restricted and 50% unrestricted.

Act reference: SS(Admin)Act section 124PK Secretary must comply with directions given by a community body

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