Section 426 — Social Security Act 2018: Regulations: use of disability allowance to fund specified expenses

426 Regulations: use of disability allowance to fund specified expenses (1) The Governor-General may, by Order in Council, make regulations relating to the use of a disability allowance to fund specified expenses. (2) Regulations made under subsection (1) must be not inconsistent with section 86 (disability allowance: excluded expenses), but otherwise may (without limitation) do all or any of the following: (a) specify classes, descriptions, or kinds of expenses that— (i) must not be funded by way of a disability allowance; or (ii) may be funded by way of a disability allowance only to an extent specified in the regulations, or only subject to compliance with conditions specified in the regulations, or both: (b) provide for transitional and savings provisions relating to use of a disability allowance to fund specified expenses. (3) Regulations made under subsection (1) that do what is stated in subsection (2)(a)(ii) may specify maximum funded proportions, amounts, numbers, or frequencies relating to all or any of the expenses concerned. (4) Transitional or savings provisions under subsection (2)(b) may (without limitation) provide for all or any of the following: (a) separate transitional or savings provisions for all or any specified people to or on account of whom a disability allowance is payable immediately before the commencement of this section: (b) separate transitional or savings provisions for all or any specified expenses to which the regulations apply (when they, or any regulations amending them or made under subsection (2)(b), come into force): (c) specified transitional or savings provisions to have effect at a time, or on the occurrence of an event (for example, at the end of any existing contractual arrangements), specified by the Minister by a written notice published on an Internet site administered by or on behalf of MSD. (5) A notice referred to in subsection (4)(c)— (a) must state the date on which it takes effect, and cannot take effect before it is published; and (b) must, each time it is amended without also being replaced, also as soon as practicable after it is amended, be published— (i) on an Internet site administered by or on behalf of MSD; and (ii) current as at a stated date; and (iii) incorporating amendments up to that date; and (c) is not a legislative instrument, but is a disallowable instrument, for the purposes of the Legislation Act 2012 , and must be presented to the House of Representatives under section 41 of that Act. Compare: 1964 No 136 s 132AD