Commonwealth Consolidated Acts

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 123SCC

Person who has a child with unsatisfactory school attendance

  (1)   For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time ) if:

  (a)   at the test time, the person, or the person's partner, is an eligible recipient of a category A welfare payment; and

  (b)   at the test time, an unsatisfactory school attendance situation exists in relation to a child; and

  (c)   throughout a period that ended before the unsatisfactory school attendance situation came into existence, the child was an eligible care child of:

  (i)   the person; or

  (ii)   the person's partner; and

  (d)   at the test time, the child is enrolled at a school; and

  (e)   if the school is a primary school--at the test time, the school is in a declared primary school area; and

  (f)   if the school is a secondary school--at the test time, the school is in a declared secondary school area; and

  (g)   before the test time, the person, or the person's partner, had been given a formal warning under section   123SCI; and

  (h)   the whole or a part of an applicable school period in relation to the child occurred in the period:

  (i)   beginning when the formal warning was given; and

  (ii)   ending at the test time; and

  (i)   if, at the test time, the person has a Part   3B payment nominee--that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part   3B); and

  (j)   at the test time, the person is not subject to the enhanced income management regime under section   123SC or 123SCA; and

  (k)   at the test time, a determination under subsection   (2) is not in force in relation to the person; and

  (l)   such other conditions (if any) as are specified in a determination under subsection   (6) are satisfied.

Individual determinations

  (2)   The Secretary may, by writing, determine that a person is exempt from subsection   (1).

  (3)   In making a determination under subsection   (2), the Secretary must comply with any principles set out in a determination under subsection   (4).

  (4)   The Minister may, by legislative instrument, determine principles for the purposes of subsection   (3).

  (5)   A determination under subsection   (2) is not a legislative instrument.

Minister's determination of conditions

  (6)   The Minister may, by legislative instrument, determine conditions for the purposes of paragraph   (1)(l).

Person who has a Part   3B payment nominee subject to enhanced income management

  (7)   For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time ) if:

  (a)   at the test time, the person is not subject to the enhanced income management regime under any other provision of this Division; and

  (b)   at the test time, the person has a Part   3B payment nominee; and

  (c)   at the test time, the Part   3B payment nominee is subject to the enhanced income management regime under subsection   (1).