Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 123SDA

Persons subject to the enhanced income management regime--persons residing in other areas

Disengaged youth

  (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's usual place of residence is within a State, a Territory or an area specified in an instrument made under subsection   (2); and

  (b)   at the test time, the person is an eligible recipient of a category C welfare payment; and

  (c)   at the test time, the person is at least 15 years of age and under 25 years of age; and

  (d)   at the test time, the person is not an exempt welfare payment recipient; and

  (e)   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

  (f)   the person was an eligible recipient of a category C welfare payment for at least 13 weeks during the 26 - week period ending immediately before the test time; and

  (g)   at the test time, the person is not subject to the enhanced income management regime under section   123SC, 123SCA, 123SCB, 123SCC, 123SCJ or 123SCL.

  (2)   The Minister may, by legislative instrument, make a determination specifying a State, a Territory or an area for the purposes of paragraph   (1)(a).

  (3)   If:

  (a)   a person is subject to the enhanced income management regime under subsection   (1); and

  (b)   paragraph   (1)(a) ceases to apply in relation to the person; and

  (c)   at the time of that cessation, paragraphs   (1)(b), (c), (d), (e) and (g) apply in relation to the person;

then the person remains subject to the enhanced income management regime under subsection   (1) until the earlier of the following:

  (d)   the time paragraph   (1)(b), (c), (d), (e) or (g) ceases to apply in relation to the person;

  (e)   the end of the period of 13 weeks beginning on the day that paragraph   (1)(a) ceased to apply in relation to the person.

  (4)   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:

  (i)   not subject to the enhanced income management regime under any other provision of this Division; and

  (ii)   not subject to the income management regime (within the meaning of Part   3B); 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:

  (i)   subject to the enhanced income management regime under subsection   (1); or

  (ii)   subject to the income management regime under subsection   123UCB(1).

Long - term welfare payment recipient

  (5)   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's usual place of residence is within a State, a Territory or an area specified in an instrument made under subsection   (6); and

  (b)   at the test time, the person is an eligible recipient of a category C welfare payment; and

  (c)   at the test time, the person is at least 25 years of age but has not reached pension age; and

  (d)   at the test time, the person is not an exempt welfare payment recipient; and

  (e)   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

  (f)   the person was an eligible recipient of a category C welfare payment for at least 52 weeks during the 104 - week period ending immediately before the test time; and

  (g)   at the test time, the person is not subject to the enhanced income management regime under section   123SC, 123SCA, 123SCB, 123SCC, 123SCJ or 123SCL.

  (6)   The Minister may, by legislative instrument, make a determination specifying a State, a Territory or an area for the purposes of paragraph   (5)(a).

  (7)   If:

  (a)   a person is subject to the enhanced income management regime under subsection   (5); and

  (b)   paragraph   (5)(a) ceases to apply in relation to the person; and

  (c)   at the time of that cessation, paragraphs   (5)(b), (c), (d), (e) and (g) apply in relation to the person;

then the person remains subject to the enhanced income management regime under subsection   (5) until the earlier of the following:

  (d)   the time paragraph   (5)(b), (c), (d), (e) or (g) ceases to apply in relation to the person;

  (e)   the end of the period of 13 weeks beginning on the day that paragraph   (5)(a) ceased to apply in relation to the person.

  (8)   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:

  (i)   not subject to the enhanced income management regime under any other provision of this Division; and

  (ii)   not subject to the income management regime (within the meaning of Part   3B); 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:

  (i)   subject to the enhanced income management regime under subsection   (5); or

  (ii)   subject to the income management regime under subsection   123UCC(1).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback