This instrument is the Social Security Amendment (Family Law—Western Australia De Facto Superannuation Splitting) Determination 2022.

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument.	The day after this instrument is registered.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under subsections 9A(6) and 9B(5), section 1099DD, paragraphs (a) and (b) of the definition of partially asset-test exempt income stream in subsection 1118(1A), and subsection 1120A(5) of the Social Security Act 1991.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Social Security (Family Law Affected Income Streams) Principles 2022

1 Subsection 4(1)

Omit “(1)”, insert:

flag lifting agreement means a flag lifting agreement under Part VIIIB or Part VIIIC of the Family Law Act 1975.

member spouse means a member spouse under Part VIIIB or Part VIIIC of the Family Law Act 1975.

non-member spouse means a non-member spouse under Part VIIIB or Part VIIIC of the Family Law Act 1975.

operative time means an operative time under Part VIIIB or Part VIIIC of the Family Law Act 1975.

payment split means a payment split under Part VIIIB or Part VIIIC of the Family Law Act 1975.

reversionary beneficiary means a reversionary beneficiary under Part VIIIB or Part VIIIC of the Family Law Act 1975.

RSA means an RSA under Part VIIIB or Part VIIIC of the Family Law Act 1975.

splittable payment means a splittable payment under Part VIIIB or Part VIIIC of the Family Law Act 1975.

splitting order means a splitting order under Part VIIIB or Part VIIIC of the Family Law Act 1975.

superannuation agreement means a superannuation agreement under Part VIIIB or Part VIIIC of the Family Law Act 1975.

superannuation interest means a superannuation interest under Part VIIIB or Part VIIIC of the Family Law Act 1975.

trustee means a trustee under Part VIIIB or Part VIIIC of the Family Law Act 1975.

2 Subsection 4(2)

Repeal the subsection (including the note).

Schedule 2—Amendments

Social Security (Guidelines for Determining Whether Income Stream is Asset-test Exempt) Determination 2022

1 Section 4 (definition of payment split)

Repeal the definition.

2 Amendments to listed provisions—inserting reference to Part VIIIC

After “under Part VIIIB”, insert “or Part VIIIC” in the following provisions:

(a) paragraph 11(c);

(b) section 11 (example);

(d) paragraphs 17(1)(b) and (d);

(e) paragraph 18(b).

Schedule 3—Amendments

Social Security (Retention of Exemption for Asset-test Exempt Income Streams) Principles 2022

1 Section 4 (definition of payment split)

Repeal the definition.

2 Amendments to listed provisions—inserting reference to Part VIIIC

After “under Part VIIIB” (wherever occurring), insert “or Part VIIIC” in the following provisions:

(a) paragraph 10(c);

(b) section 10 (example);

(d) subparagraph 17(1)(b)(i);

(e) paragraphs 17(1)(c) and (e);

(f) paragraph 22(b);

(g) section 22 (example);

(h) subparagraphs 30(1)(a)(i) and (ii);

(i) paragraphs 30(1)(b) and (d).

Schedule 4—Repeals

Social Security (Partially Asset-test Exempt Income Stream – Exemption) Principles 2017

1 The whole of the instrument

Repeal the instrument.