Commonwealth Consolidated Acts

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 123YA

Scope

  (1)   This section applies if:

  (a)   a person (the first person ) is subject to the income management regime; and

  (b)   the first person's income management account has a credit balance.

Priority needs

  (2)   If the Secretary is aware of any unmet priority needs of:

  (a)   the first person; or

  (b)   the first person's children (if any); or

  (c)   the first person's partner (if any); or

  (d)   any other dependants of the first person;

the Secretary must, within a reasonable period after becoming aware of those priority needs, take appropriate action under Subdivision B directed towards meeting those priority needs.

  (3)   If:

  (a)   the Secretary is satisfied that the current or future balance of the first person's income management account exceeds what is reasonably required to meet the current, and reasonably foreseeable, priority needs of:

  (i)   the first person; and

  (ii)   the first person's children (if any); and

  (iii)   the first person's partner (if any); and

  (iv)   any other dependants of the first person; and

  (b)   the first person requests the Secretary to take action under this Division that:

  (i)   is not directed towards meeting the current, and reasonably foreseeable, priority needs mentioned in paragraph   (a); and

  (ii)   would result in the first person's income management account being debited by a particular amount; and

  (c)   the Secretary is satisfied that the debit would not result in the current or future balance of the first person's income management account falling below what is reasonably required to meet the current, and reasonably foreseeable, priority needs mentioned in paragraph   (a);

the Secretary must not unreasonably refuse the request.