This bill became law on Feb 14th, 2025.
Welfare & housing
Young Disability Support PensionA Centrelink payment for people with a permanent disability who meet the work test used on this page. recipients under 21 will keep getting different payment rates based on their circumstances, including whether they live at home or independently.
A 2024 tribunal decision exposed that a 2005 law unintentionally changed how some under-21 Disability Support PensionA Centrelink payment for people with a permanent disability who meet the work test used on this page. rates were worked out, including because of full-time studyA study load that, on the old law, could affect how some young DSP rates were worked out even though that was not the policy intent. or apprenticeship status. The bill restores the intended age-based payment rules and validates past rate and related rent assistanceExtra help with rent that can be paid on top of DSP, and which was tied on this page to the same independence rules. decisions.
Under long-standing policy, Disability Support PensionA Centrelink payment for people with a permanent disability who meet the work test used on this page. recipients under 21 were meant to be paid either a dependent or independent rateThe higher payment rate used for some under-21 DSP recipients who are treated as living more on their own. based on their living and family circumstances, but a 2005 welfare-to-work law unintentionally tied some outcomes to full-time studyA study load that, on the old law, could affect how some young DSP rates were worked out even though that was not the policy intent. or new apprenticeship status. After a 2024 tribunal decision exposed that drafting problem and cast doubt on past rate and related rent assistanceExtra help with rent that can be paid on top of DSP, and which was tied on this page to the same independence rules. decisions, Parliament passed the 2025 bill to restore the intended age-based rules, validate earlier decisions, and prevent debts being raised for past periods.
The main criticism was that the bill retrospectively validates past payment decisions without giving affected young disability pension recipients backpay, which the Greens argued lets the government lock in lower support and weaker recipient protections. That case appears to have come mainly from the Greens rather than broad parliamentary opposition, with Labor and the Coalition treating the bill as a technical drafting fix.
Amanda Rishworth MP introduced this bill. It passed with support from Labor, Australia's Voice, One Nation, some crossbench members; opposed by Greens.
Did it become law?
Yes
Became law 14 Feb 2025
Final passage
Recorded final vote
1 counted final-passage vote was recorded.
Passage speed
9 days
From introduction to the latest recorded parliamentary step
Meaning
Young Disability Support PensionA Centrelink payment for people with a permanent disability who meet the work test used on this page. recipients under 21 will keep getting different payment rates based on their circumstances, including whether they live at home or independently.
Disability Support PensionA Centrelink payment for people with a permanent disability who meet the work test used on this page. rates for people under 21 are no longer changed just because they are in full-time studyA study load that, on the old law, could affect how some young DSP rates were worked out even though that was not the policy intent. or a new apprenticeship.
Past decisions that paid some under-21 Disability Support PensionA Centrelink payment for people with a permanent disability who meet the work test used on this page. recipients the dependent rateThe lower payment rate used for some under-21 DSP recipients when their circumstances show they are still partly supported at home., and related rent assistanceExtra help with rent that can be paid on top of DSP, and which was tied on this page to the same independence rules. decisions, are confirmed as legally valid.
The retrospective validationA legal fix that confirms earlier payment decisions as valid after the fact, even though those decisions were made before the new law. cannot create new debts for past periods, so affected young people will not be billed for earlier payments.
People whose under-21 Disability Support PensionA Centrelink payment for people with a permanent disability who meet the work test used on this page. was already worked out at the independent rateThe higher payment rate used for some under-21 DSP recipients who are treated as living more on their own. before the law started keep that result for those earlier days.
This Schedule amends the Social Security Act 1991 to confirm the long-standing policy position to pay a range of rates for disability support pension recipients aged under 21, including a dependent and independent rate, depending on the person’s circumstances.Social Security Legislation Amendment (Technical Changes) explanatory memorandum
The Bill provides that disability support pension rates for youth recipients are not affected by whether they are undertaking full-time study or are a new apprentice. This addresses the unintended impact on payment rates caused by the Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005.Social Security Legislation Amendment (Technical Changes) explanatory memorandum
This means that if, before commencement, a disability support pension recipient under 21 received the dependent rate of payment, and the person did not otherwise satisfy any of the independent criteria in section 1067A except for subsection 1067A(12), those previous decisions are taken to have always been valid and effective. This is also the case for any previous rent assistance decisions made in respect of those disability support pension youth recipients under subsection 1070F(2) or section 1070N of the Social Security Act 1991, on the same basis.Social Security Legislation Amendment (Technical Changes) explanatory memorandum
Item 2 is intended to have retrospective effect, however, it does not operate retrospectively to change anything that occurred in the past, including previous working out undertaken by Services Australia staff in respect of disability support pension recipients under 21. The validation provision cannot result in any debts arising for past periods.Social Security Legislation Amendment (Technical Changes) explanatory memorandum
Subitem 3(2) provides that where a person’s rate of disability support pension was worked out before commencement, and a determination was made before commencement that the person was independent, and this is still in effect on commencement, it is intended that section 1067A of the Social Security Act 1991, as in force before commencement, will continue to apply for those days before commencement. This is intended to ensure that disability support pension rate decisions made before commencement, that were based on the independent rate, are not affected after commencement by the amendments to section 1067A made by item 1. It is not intended that any debts will arise in respect of these recipients.Social Security Legislation Amendment (Technical Changes) explanatory memorandum
Context
Under long-standing policy, Disability Support PensionA Centrelink payment for people with a permanent disability who meet the work test used on this page. recipients under 21 were meant to be paid either a dependent or independent rateThe higher payment rate used for some under-21 DSP recipients who are treated as living more on their own. based on their living and family circumstances, but a 2005 welfare-to-work law unintentionally tied some outcomes to full-time studyA study load that, on the old law, could affect how some young DSP rates were worked out even though that was not the policy intent. or new apprenticeship status. After a 2024 tribunal decision exposed that drafting problem and cast doubt on past rate and related rent assistanceExtra help with rent that can be paid on top of DSP, and which was tied on this page to the same independence rules. decisions, Parliament passed the 2025 bill to restore the intended age-based rules, validate earlier decisions, and prevent debts being raised for past periods.
Welfare to Work law unintentionally altered youth DSPA Centrelink payment for people with a permanent disability who meet the work test used on this page. rate rules
Changes made by the Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005 were not meant to affect Disability Support PensionA Centrelink payment for people with a permanent disability who meet the work test used on this page. rates but later created unintended links to study and apprenticeship status for some under-21 recipients.
Social Security Legislation Amendment (Technical Changes) explanatory memorandum ↗Tribunal decision exposes the drafting error
A 2024 decision of the former Administrative Appeals TribunalThe former tribunal that reviewed social security decisions before it was replaced, and whose 2024 decision exposed the drafting problem. highlighted that the 2005 law had unintended consequences for the Disability Support PensionA Centrelink payment for people with a permanent disability who meet the work test used on this page. rate payable to some recipients under 21.
Social Security Legislation Amendment (Technical Changes) explanatory memorandum ↗Government introduces a bill to restore intended youth DSPA Centrelink payment for people with a permanent disability who meet the work test used on this page. settings
The government introduced the bill saying it would maintain existing under-21 DSPA Centrelink payment for people with a permanent disability who meet the work test used on this page. rate arrangements, remove the unintended effect of study or apprenticeship status, and preserve long-standing payment practice.
Hansard ↗Parliament passes the bill
Both houses passed the bill in the same form, clearing the way to validate past youth DSPA Centrelink payment for people with a permanent disability who meet the work test used on this page. and related rent assistanceExtra help with rent that can be paid on top of DSP, and which was tied on this page to the same independence rules. decisions while preventing new debts for earlier periods.
Parliamentary timeline ↗Royal AssentThe formal step that turns a passed bill into an Act of Parliament. confirms the technical fix
Royal AssentThe formal step that turns a passed bill into an Act of Parliament. turned the bill into law so under-21 DSPA Centrelink payment for people with a permanent disability who meet the work test used on this page. rates could continue to be worked out by personal circumstances rather than by full-time studyA study load that, on the old law, could affect how some young DSP rates were worked out even though that was not the policy intent. or new apprenticeship status.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second readingThe stage in Parliament where members debate the main idea of a bill before deciding whether to continue with it., opening the main debate on the bill's purpose and principles.
Second readingThe stage in Parliament where members debate the main idea of a bill before deciding whether to continue with it. moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second readingThe stage in Parliament where members debate the main idea of a bill before deciding whether to continue with it., meaning it accepted the bill in principle and allowed it to continue.
Second readingThe stage in Parliament where members debate the main idea of a bill before deciding whether to continue with it. agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second readingThe stage in Parliament where members debate the main idea of a bill before deciding whether to continue with it., opening the main debate on the bill's purpose and principles.
Second readingThe stage in Parliament where members debate the main idea of a bill before deciding whether to continue with it. moved
Recorded vote: 26 to 10.
The chamber agreed to the bill at second readingThe stage in Parliament where members debate the main idea of a bill before deciding whether to continue with it., meaning it accepted the bill in principle and allowed it to continue.
Second readingThe stage in Parliament where members debate the main idea of a bill before deciding whether to continue with it. agreed to
Recorded vote: 25 to 10.
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
Considered by scrutiny committee (13/02/2025): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 2 of 2025
Considered by scrutiny committee
APH bill page notesThe Governor-General gave Royal AssentThe formal step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Key criticism
The main criticism was that the bill retrospectively validates past payment decisions without giving affected young disability pension recipients backpay, which the Greens argued lets the government lock in lower support and weaker recipient protections. That case appears to have come mainly from the Greens rather than broad parliamentary opposition, with Labor and the Coalition treating the bill as a technical drafting fix.
Criticism was limited and centred on backpay, payment adequacy and recipient protections, not the bill's technical mechanics alone.
Retrospective validation without backpay
The Greens argued the bill uses retrospective validationA legal fix that confirms earlier payment decisions as valid after the fact, even though those decisions were made before the new law. to confirm past payment decisions while denying some disabled young people any chance of backpay, effectively protecting the government from the consequences of its own drafting mistake.
Leaves broader DSP problems untouched
Critics said the deeper problem is not just the drafting error but a disability support system they see as too low and punitive, and they argued parliament should have used the debate to strengthen protections and raise support instead of simply validating existing arrangements.
Further sources
Votes
The chamber-passage votes come first. Expand a vote to see the party breakdown.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Passed 25 to 10. Support came from Labor, Australia's Voice, One Nation, and minor parties and independents. Opposition came from Greens.
Earlier bill-stage votes
Passed 26 to 10. Support came from Labor, Australia's Voice, One Nation, and minor parties and independents. Opposition came from Greens.
Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.
House
Passed 81 to 5. Support came from Labor. Opposition came from Greens. Minor-party and independent votes were split.
This let the bill proceed through the House and confirmed support for the technical changes to youth DSPA Centrelink payment for people with a permanent disability who meet the work test used on this page. payment arrangements.
Senate
Defeated 12 to 27. Support came from Greens and Australia's Voice. Opposition came from Labor, Liberal Party, One Nation, and minor parties and independents. Minor-party and independent votes were split.
The amendment was defeated, so the Senate did not attach that policy criticism and call for action to the bill's second-reading motion.
This list includes amendment votes, procedural votes and votes on the bill itself.
Parliamentary debate
Start here — lead voices
Rishworth supports the bill and says it fixes a drafting error so youth Disability Support PensionA Centrelink payment for people with a permanent disability who meet the work test used on this page. recipients keep the intended payment rates based on their circumstances.
Read in Hansard ↗Bates says the Greens will oppose the bill because they see it as another example of the government using social security law to restrict payments and avoid backpay for disabled people.
Read in Hansard ↗Sukkar says the coalition will support the bill because it fixes a drafting error in youth disability support pensionA Centrelink payment for people with a permanent disability who meet the work test used on this page. rates and preserves the intended payment structure.
Read in Hansard ↗All speeches by bloc
1 speaker · 2 contributions · 1 support
Hansard records 2 separate contributions by Amanda Rishworth, including an amendment-moving contribution. They are grouped here so the speaker is listed once.
Moved amendment
Rishworth supports the bill and says it fixes a drafting error so youth Disability Support PensionA Centrelink payment for people with a permanent disability who meet the work test used on this page. recipients keep the intended payment rates based on their circumstances. She argues the change avoids unfair lower payments, stops a perverse incentive to leave study, and validates past decisions.
“This bill makes technical changes to provide for the intended different rates of payment for DSP youth recipients, based on their circumstances, including their family situation.”Read this contribution in Hansard ↗
Second reading speech
Rishworth supports the bill and says it is needed to fix an unintended drafting problem so youth disability support payment rates stay aligned with long-standing policy intent. She says it will preserve current arrangements and avoid perverse incentives for young people to leave study or apprenticeships.
“This bill is important to maintain the current arrangements for youth DSP payment rates and will validate past rate decisions, consistent with the longstanding policy intent of these arrangements. I commend the bill to the House.”Read this contribution in Hansard ↗
1 speaker · 1 support
“The coalition will be supporting the passage of the Social Security Legislation Amendment (Technical Changes) Bill 2025. The bill will simply amend the Social Security Act to maintain current arrangements for youth disability support pension payment rates. As many members in this House may know, there are different rates of DSP for recipients under 21, depending on their individual circumstances, including their family situation. This includes a rate for a single dependant living at home and a higher independent rate. This bill makes technical changes to provide for the intended different rates of payment for DSP youth recipients based on those circumstances, including their particular family situation.”Read the full speech in Hansard ↗
1 speaker · 1 oppose
“For these reasons the Greens will be opposing this bill.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second readingThe stage in Parliament where members debate the main idea of a bill before deciding whether to continue with it. opened
A minister or sponsoring member moved the second readingThe stage in Parliament where members debate the main idea of a bill before deciding whether to continue with it., opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second readingThe stage in Parliament where members debate the main idea of a bill before deciding whether to continue with it. debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second readingThe stage in Parliament where members debate the main idea of a bill before deciding whether to continue with it. agreed
The chamber agreed to the bill at second readingThe stage in Parliament where members debate the main idea of a bill before deciding whether to continue with it., meaning it accepted the bill in principle and allowed it to continue.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second readingThe stage in Parliament where members debate the main idea of a bill before deciding whether to continue with it. opened
A minister or sponsoring member moved the second readingThe stage in Parliament where members debate the main idea of a bill before deciding whether to continue with it., opening the main debate on the bill's purpose and principles.
Senate · Second reading agreed to
Recorded vote: 26 to 10.
Second readingThe stage in Parliament where members debate the main idea of a bill before deciding whether to continue with it. agreed
The chamber agreed to the bill at second readingThe stage in Parliament where members debate the main idea of a bill before deciding whether to continue with it., meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Recorded vote: 25 to 10.
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe formal step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Senate Standing Committee for the Scrutiny of Bills
Considered by scrutiny committee
Considered by scrutiny committee (13 Feb 2025): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 2 of 2025
APH bill page notes
