Problem:

Poverty is a policy choice. The Federal Government sets social security payment rates and is responsible for the systems people must navigate to access payments.

The Federal Government has a responsibility to ensure that people aren’t forced to choose between paying rent or paying for necessary medication; between putting food on the table or clothes on their kids’ backs. Temporary increases during the COVID-19 pandemic showed that when social security rates increase, no one loses. Those funds are poured straight back into the economy.

Poverty is a driver of legal need. Poverty can trigger many legal problems while leaving people with fewer resources to address them. Lifting people out of poverty not only improves overall wellbeing, but it also prevents legal problems arising, increases people’s capacity to resolve issues quickly, and reduces demand on legal assistance and other support services.

Social security payments are both inadequate and inaccessible. Rates of payment are too low, particularly working age payments which have not kept pace with the cost of living. The system is complicated, difficult to navigate, and often unfair. Both issues of rate and access must be addressed to deliver just outcomes to people who rely on income support. Raising payment rates alone won’t solve the problem if the system for accessing payments continues to create high barriers preventing people from getting onto payments. Improving accessibility of payments alone won’t solve the problem if payment rates stay so low that they keep people in poverty.

One way to improve the accessibility and transparency of the social security system is to ensure people who have been denied access can get free and independent legal advice. Another is to ensure specialist social security legal services are resourced to carry out expert advocacy to improve systems. The Robodebt Royal Commission recommended additional resourcing for specialist social security legal services. This recommendation has not been met.