Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security (Administration)
Amendment (Income Management
Reform) Bill 2023
No. , 2023
(Social Services)
A Bill for an Act to amend the law relating to social
security, and for related purposes
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Expanding access to the enhanced income
management regime
3
Part 1--Main amendments
3
Social Security (Administration) Act 1999
3
Part 2--Application and transitional provisions
63
Schedule 2--Closing the income management regime to new
entrants
65
Social Security (Administration) Act 1999
65
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
1
A Bill for an Act to amend the law relating to social
1
security, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Social Security (Administration) Amendment
5
(Income Management Reform) Act 2023
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
3
Schedule 1--Expanding access to the
1
enhanced income management regime
2
Part 1--Main amendments
3
Social Security (Administration) Act 1999
4
1 Section 123SA
5
Omit:
6
•
A person may become subject to the enhanced income
7
management regime because the Queensland Commission
8
requires the person to be subject to the enhanced income
9
management regime or if the person was a program
10
participant under the Cape York provision in Part 3D
11
immediately before 6 March 2023.
12
•
A person may become subject to the enhanced income
13
management regime because:
14
(a)
the person meets the criteria relating to disengaged
15
youth and the person's usual place of residence is within
16
the Northern Territory; or
17
(b)
the person meets the criteria relating to long-term
18
welfare payment recipients and the person's usual place
19
of residence is within the Northern Territory.
20
•
A person may become subject to the enhanced income
21
management regime because the person voluntarily agrees to
22
be subject to the enhanced income management regime.
23
substitute:
24
•
A person may become subject to the enhanced income
25
management regime because:
26
(a)
the Queensland Commission requires the person to be
27
subject to the enhanced income management regime; or
28
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
4
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
(b)
a child protection officer of a State or Territory requires
1
the person to be subject to the enhanced income
2
management regime; or
3
(c)
the person, or the person's partner, has a child who does
4
not meet school enrolment requirements; or
5
(d)
the person, or the person's partner, has a child who has
6
unsatisfactory school attendance; or
7
(e)
an officer or employee of a recognised State/Territory
8
authority requires the person to be subject to the
9
enhanced income management regime; or
10
(f)
the Secretary has determined that the person is a
11
vulnerable welfare payment recipient; or
12
(g)
the person meets the criteria relating to disengaged
13
youth; or
14
(h)
the person meets the criteria relating to long-term
15
welfare payment recipients; or
16
(i)
the person voluntarily agrees to be subject to the
17
enhanced income management regime.
18
•
A person may also become subject to the enhanced income
19
management regime in certain circumstances where the
20
person requests to transfer from the income management
21
regime under Part 3B.
22
2 Section 123SB
23
Insert:
24
applicable school period
has the meaning given by
25
section 123SCG.
26
3 Section 123SB (definitions of balance of the qualified
27
portion)
28
Repeal the definitions.
29
4 Section 123SB
30
Insert:
31
balance of the qualified portion
, of a category B welfare payment,
32
a category D welfare payment or a relevant payment, means:
33
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
5
(a) if a deduction is to be made from, or an amount is to be set
1
off against, the payment under:
2
(i) section 61, 61A or 238 of this Act; or
3
(ii) section 1231 of the 1991 Act; or
4
(iii) section 84, 84A, 92, 92A, 225, 226, 227 or 228A of the
5
Family Assistance Administration Act;
6
the amount of the qualified portion of the payment less the
7
amount of the deduction or the amount of the set-off; or
8
(b) in any other case--the amount of the qualified portion of the
9
payment.
10
5 Section 123SB
11
Insert:
12
child protection officer
means an officer or employee of a State or
13
Territory who has functions, powers or duties in relation to the
14
care, protection or welfare of children.
15
declared child protection State or Territory
has the meaning given
16
by subsection 123SCA(7).
17
declared primary school area
has the meaning given by
18
subsection 123SCF(1).
19
declared secondary school area
has the meaning given by
20
subsection 123SCF(3).
21
eligible care child
has the meaning given by section 123SCD.
22
eligible care period
has the meaning given by section 123SCE.
23
6 Section 123SB
24
Insert:
25
equivalent rate of special benefit
, in relation to a person, means a
26
rate of special benefit equivalent to the maximum basic rate of
27
youth allowance that the person would receive if the person were
28
qualified for youth allowance.
29
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
6
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
7 Section 123SB (definition of exempt welfare payment
1
recipient)
2
Repeal the definition, substitute:
3
exempt welfare payment recipient
has the meaning given by
4
section 123SDB, 123SDC or 123SDD.
5
8 Section 123SB
6
Insert:
7
family law order
means:
8
(a) a parenting order within the meaning of section 64B of the
9
Family Law Act 1975
; or
10
(b) a family violence order within the meaning of section 4 of
11
that Act; or
12
(c) a State child order registered under section 70D of that Act;
13
or
14
(d) an overseas child order registered under section 70G of that
15
Act.
16
full-time student
has the meaning given by section 123SDE.
17
parenting plan
has the same meaning as in the
Family Law Act
18
1975
.
19
9 Section 123SB (definitions of qualified portion)
20
Repeal the definitions.
21
10 Section 123SB
22
Insert:
23
qualified portion
:
24
(a) of a category B welfare payment:
25
(i) for a person who is subject to the enhanced income
26
management regime under section 123SC--has the
27
meaning given by section 123SJ; or
28
(ii) for a person who is subject to the enhanced income
29
management regime under section 123SCA--has the
30
meaning given by section 123SLA; or
31
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
7
(iii) for a person who is subject to the enhanced income
1
management regime under section 123SCB or
2
123SCC--has the meaning given by section 123SLD;
3
or
4
(iv) for a person who is subject to the enhanced income
5
management regime under section 123SCJ--has the
6
meaning given by section 123SLG; or
7
(v) for a person who is subject to the enhanced income
8
management regime under section 123SE--has the
9
meaning given by section 123SP; or
10
(b) of a category D welfare payment, has the meaning given by
11
section 123SM; or
12
(c) of a relevant payment, has the meaning given by
13
section 123SLJ.
14
recognised State/Territory authority
has the meaning given by
15
subsection 123SCK(1).
16
registered parenting plan
has the same meaning as in the
Family
17
Law Act 1975
.
18
relevant payment
, for a person who is subject to the enhanced
19
income management regime under section 123SCL, means:
20
(a) if the person has been given a transfer notice referred to in
21
paragraph 123SCL(3)(c) and the notice is in force--a
22
category B welfare payment; or
23
(b) otherwise--a category G welfare payment.
24
repeal day
means the day on which Part 2 of Schedule 1 to the
25
Social Security (Administration) Amendment (Repeal of Cashless
26
Debit Card and Other Measures) Act 2022
commences.
27
school age child
has the meaning given by section 123SDF.
28
State/Territory authority
means:
29
(a) department, or a part of a department, of a State or Territory;
30
or
31
(b) a body of a State or Territory; or
32
(c) an agency of a State or Territory.
33
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
8
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
11 Section 123SB (definitions of unqualified portion)
1
Repeal the definitions.
2
12 Section 123SB
3
Insert:
4
unqualified portion
:
5
(a) of a category B welfare payment:
6
(i) for a person who is subject to the enhanced income
7
management regime under section 123SC--has the
8
meaning given by section 123SJ; or
9
(ii) for a person who is subject to the enhanced income
10
management regime under section 123SCA--has the
11
meaning given by section 123SLA; or
12
(iii) for a person who is subject to the enhanced income
13
management regime under section 123SCB or
14
123SCC--has the meaning given by section 123SLD;
15
or
16
(iv) for a person who is subject to the enhanced income
17
management regime under section 123SCJ--has the
18
meaning given by section 123SLG; or
19
(v) for a person who is subject to the enhanced income
20
management regime under section 123SE--has the
21
meaning given by section 123SP; or
22
(b) of a category D welfare payment, has the meaning given by
23
section 123SM; or
24
(c) of a relevant payment, has the meaning given by
25
section 123SLJ.
26
unsatisfactory school attendance situation
has the meaning given
27
by section 123SCH.
28
voluntary enhanced income management area
has the meaning
29
given by subsection 123SF(5).
30
13 Before section 123SC
31
Insert:
32
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
9
Subdivision A--Queensland Commission
1
14 Subsection 123SC(1)
2
Omit "on or after 6 March 2023" (first occurring).
3
15 Paragraph 123SC(1)(b)
4
Repeal the paragraph, substitute:
5
(b) the Queensland Commission gave the Secretary a written
6
notice requiring that the person be subject to the enhanced
7
income management regime under this section; and
8
16 After subsection 123SC(1)
9
Insert:
10
(1A) Paragraph (1)(b) is taken to be satisfied if, on or after 6 March
11
2023, the Queensland Commission gave the Secretary a written
12
notice requiring that the person be subject to the income
13
management regime under Part 3B.
14
17 After section 123SC
15
Insert:
16
Subdivision B--Child protection
17
123SCA Persons subject to the enhanced income management
18
regime--child protection
19
Person given notice by a child protection officer
20
(1) For the purposes of this Part, a person is
subject to the enhanced
21
income management regime
at a particular time (the
test time
) if:
22
(a) at the test time, the person, or the person's partner, is an
23
eligible recipient of a category A welfare payment; and
24
(b) a child protection officer of a State or Territory gave the
25
Secretary a written notice requiring that the person be subject
26
to the enhanced income management regime under this
27
section; and
28
(c) the notice was given:
29
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
10
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
(i) under a law (whether written or unwritten) in force in a
1
State or Territory (other than a law of the
2
Commonwealth); or
3
(ii) in the exercise of the executive power of a State or
4
Territory; and
5
(d) at the test time, the notice is in force; and
6
(e) at the test time, the State or Territory is a declared child
7
protection State or Territory; and
8
(f) if, at the test time, the person has a Part 3B payment
9
nominee--that nominee is subject to the enhanced income
10
management regime or is subject to the income management
11
regime (within the meaning of Part 3B); and
12
(g) at the test time, the person is not subject to the enhanced
13
income management regime under section 123SC; and
14
(h) subsection (2) or (3) of this section applies.
15
(2) This subsection applies if, immediately before the test time, the
16
person is not subject to the income management regime (within the
17
meaning of Part 3B).
18
(3) This subsection applies if:
19
(a) before the test time, the person made a request under
20
subsection 123SIA(1) to transfer to the enhanced income
21
management regime; and
22
(b) before the test time, the Secretary gave the person a written
23
notice (a
transfer notice
) under subsection 123SIA(2) stating
24
that the person is eligible to transfer to the enhanced income
25
management regime; and
26
(c) at the test time, the transfer notice is in force; and
27
(d) immediately before the transfer notice comes into force, the
28
person was subject to the income management regime under
29
subsection 123UC(1).
30
(4) Paragraph (1)(b) is taken to be satisfied if, before, on or after the
31
day this subsection commences, a child protection officer of a State
32
or Territory gave the Secretary a written notice requiring that the
33
person be subject to the income management regime under
34
section 123UC.
35
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
11
Person who has a Part 3B payment nominee subject to any income
1
management
2
(5) For the purposes of this Part, a person is
subject to the enhanced
3
income management regime
at a particular time (the
test time
) if:
4
(a) at the test time, the person is:
5
(i) not subject to the enhanced income management regime
6
under any other provision of this Division; and
7
(ii) not subject to the income management regime (within
8
the meaning of Part 3B); and
9
(b) at the test time, the person has a Part 3B payment nominee;
10
and
11
(c) at the test time, the Part 3B payment nominee is:
12
(i) subject to the enhanced income management regime
13
under subsection (1); or
14
(ii) subject to the income management regime under
15
subsection 123UC(1).
16
(6) For the purposes of this Part, a person is
subject to the enhanced
17
income management regime
at a particular time (the
test time
) if:
18
(a) before the test time, the person made a request under
19
subsection 123SIA(1) to transfer to the enhanced income
20
management regime; and
21
(b) before the test time, the Secretary gave the person a written
22
notice (a
transfer notice
) under subsection 123SIA(2) stating
23
that the person is eligible to transfer to the enhanced income
24
management regime; and
25
(c) at the test time, the transfer notice is in force; and
26
(d) at the test time, the person has a Part 3B payment nominee
27
who is:
28
(i) subject to the enhanced income management regime
29
under subsection (1) of this section; or
30
(ii) subject to the income management regime under
31
subsection 123UC(1); and
32
(e) immediately before the transfer notice comes into force, the
33
person was subject to the income management regime under
34
subsection 123UC(2).
35
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
12
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
Determination
1
(7) The Minister may, by legislative instrument, determine that a
2
specified State or Territory is a
declared
child protection State or
3
Territory
for the purposes of this Part.
4
Subdivision C--School enrolment and attendance
5
123SCB Persons subject to the enhanced income management
6
regime--school enrolment
7
Person who has a child who is not enrolled at school
8
(1) For the purposes of this Part, a person is
subject to the enhanced
9
income management regime
at a particular time (the
test time
) if:
10
(a) at the test time, the person, or the person's partner, is an
11
eligible recipient of a category A welfare payment; and
12
(b) at the test time, the person, or the person's partner, has an
13
eligible care child; and
14
(c) under a law of a State or Territory, the eligible care child is
15
required to be enrolled at school; and
16
(d) the Secretary is satisfied that it is appropriate for the eligible
17
care child to be enrolled at:
18
(i) a primary school in a declared primary school area; or
19
(ii) a secondary school in a declared secondary school area;
20
and
21
(e) at the test time, the eligible care child is not enrolled at:
22
(i) if subparagraph (d)(i) applies--a primary school in the
23
declared primary school area; or
24
(ii) if subparagraph (d)(ii) applies--a secondary school in
25
the declared secondary school area; and
26
(f) if, at the test time, the person has a Part 3B payment
27
nominee--that nominee is subject to the enhanced income
28
management regime or is subject to the income management
29
regime (within the meaning of Part 3B); and
30
(g) at the test time, the person is not subject to the enhanced
31
income management regime under section 123SC or
32
123SCA; and
33
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
13
(h) at the test time, a determination under subsection (2) is not in
1
force in relation to the person; and
2
(i) such other conditions (if any) as are specified in a
3
determination under subsection (6) are satisfied.
4
Individual determinations
5
(2) The Secretary may, by writing, determine that a person is exempt
6
from subsection (1).
7
(3) In making a determination under subsection (2), the Secretary must
8
comply with any principles set out in a determination under
9
subsection (4).
10
(4) The Minister may, by legislative instrument, determine principles
11
for the purposes of subsection (3).
12
(5) A determination under subsection (2) is not a legislative
13
instrument.
14
Minister's determination of conditions
15
(6) The Minister may, by legislative instrument, determine conditions
16
for the purposes of paragraph (1)(i).
17
Person who has a Part 3B payment nominee subject to enhanced
18
income management
19
(7) For the purposes of this Part, a person is
subject to the enhanced
20
income management regime
at a particular time (the
test time
) if:
21
(a) at the test time, the person is not subject to the enhanced
22
income management regime under any other provision of this
23
Division; and
24
(b) at the test time, the person has a Part 3B payment nominee;
25
and
26
(c) at the test time, the Part 3B payment nominee is subject to
27
the enhanced income management regime under
28
subsection (1).
29
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
14
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
Documentary evidence
1
(8) If a person, or the person's partner, has an eligible care child, the
2
Secretary may, by written notice given to the person, request the
3
person to give the Secretary, within a period (the
compliance
4
period
) specified in the notice, documentary evidence of the
5
eligible care child's enrolment at a school during a specified
6
applicable school period.
7
(9) A notice under subsection (8) must set out the effect of
8
subsection (12).
9
(10) The compliance period specified in a notice under subsection (8)
10
must not be shorter than 7 days.
11
(11) The Secretary may extend the compliance period specified in a
12
notice under subsection (8).
13
(12) If:
14
(a) a person is given a notice under subsection (8); and
15
(b) the person does not comply with the notice;
16
the Secretary may determine that subsection (1) has effect as if the
17
eligible care child was not enrolled at any school at any time
18
during the applicable school period specified in the notice.
19
123SCC Persons subject to the enhanced income management
20
regime--school attendance
21
Person who has a child with unsatisfactory school attendance
22
(1) For the purposes of this Part, a person is
subject to the enhanced
23
income management regime
at a particular time (the
test time
) if:
24
(a) at the test time, the person, or the person's partner, is an
25
eligible recipient of a category A welfare payment; and
26
(b) at the test time, an unsatisfactory school attendance situation
27
exists in relation to a child; and
28
(c) throughout a period that ended before the unsatisfactory
29
school attendance situation came into existence, the child
30
was an eligible care child of:
31
(i) the person; or
32
(ii) the person's partner; and
33
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
15
(d) at the test time, the child is enrolled at a school; and
1
(e) if the school is a primary school--at the test time, the school
2
is in a declared primary school area; and
3
(f) if the school is a secondary school--at the test time, the
4
school is in a declared secondary school area; and
5
(g) before the test time, the person, or the person's partner, had
6
been given a formal warning under section 123SCI; and
7
(h) the whole or a part of an applicable school period in relation
8
to the child occurred in the period:
9
(i) beginning when the formal warning was given; and
10
(ii) ending at the test time; and
11
(i) if, at the test time, the person has a Part 3B payment
12
nominee--that nominee is subject to the enhanced income
13
management regime or is subject to the income management
14
regime (within the meaning of Part 3B); and
15
(j) at the test time, the person is not subject to the enhanced
16
income management regime under section 123SC or
17
123SCA; and
18
(k) at the test time, a determination under subsection (2) is not in
19
force in relation to the person; and
20
(l) such other conditions (if any) as are specified in a
21
determination under subsection (6) are satisfied.
22
Individual determinations
23
(2) The Secretary may, by writing, determine that a person is exempt
24
from subsection (1).
25
(3) In making a determination under subsection (2), the Secretary must
26
comply with any principles set out in a determination under
27
subsection (4).
28
(4) The Minister may, by legislative instrument, determine principles
29
for the purposes of subsection (3).
30
(5) A determination under subsection (2) is not a legislative
31
instrument.
32
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
16
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
Minister's determination of conditions
1
(6) The Minister may, by legislative instrument, determine conditions
2
for the purposes of paragraph (1)(l).
3
Person who has a Part 3B payment nominee subject to enhanced
4
income management
5
(7) For the purposes of this Part, a person is
subject to the enhanced
6
income management regime
at a particular time (the
test time
) if:
7
(a) at the test time, the person is not subject to the enhanced
8
income management regime under any other provision of this
9
Division; and
10
(b) at the test time, the person has a Part 3B payment nominee;
11
and
12
(c) at the test time, the Part 3B payment nominee is subject to
13
the enhanced income management regime under
14
subsection (1).
15
123SCD Eligible care child
16
For the purposes of this Part, a person (the
first person
) is an
17
eligible care child
of another person at a particular time if, and
18
only if:
19
(a) at the particular time, the first person is a child for whom the
20
other person is the principal carer; or
21
(b) all of the following conditions are satisfied:
22
(i) that time occurs during an eligible care period;
23
(ii) under a family law order, registered parenting plan or
24
parenting plan that is in force during the eligible care
25
period, the first person is supposed to live or spend time
26
with the other person;
27
(iii) assuming the family law order, registered parenting plan
28
or parenting plan were complied with during the eligible
29
care period, the first person would have been in the
30
other person's care for at least 14% of that period.
31
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
17
123SCE Eligible care period
1
(1) For the purposes of this Part, an
eligible care period
is a period
2
ascertained in accordance with a determination under
3
subsection (2).
4
(2) The Minister may, by legislative instrument, make a determination
5
for the purposes of subsection (1).
6
(3) A period ascertained under subsection (1) may be a recurring
7
period (for example, a fortnight).
8
(4) For the purposes of this Part, it is immaterial whether an eligible
9
care period begins before or after the commencement of this
10
section.
11
123SCF Declared primary school area and declared secondary
12
school area
13
Declared primary school area
14
(1) The Minister may, by legislative instrument, determine that:
15
(a) a specified State; or
16
(b) a specified Territory; or
17
(c) a specified area;
18
is a
declared primary school area
for the purposes of this Part.
19
(2) This Part does not prevent an area specified under paragraph (1)(c)
20
from being described as the area within the boundary of premises
21
occupied by a particular primary school.
22
Declared secondary school area
23
(3) The Minister may, by legislative instrument, determine that:
24
(a) a specified State; or
25
(b) a specified Territory; or
26
(c) a specified area;
27
is a
declared secondary school area
for the purposes of this Part.
28
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
18
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
(4) This Part does not prevent an area specified under paragraph (3)(c)
1
from being described as the area within the boundary of premises
2
occupied by a particular secondary school.
3
123SCG Applicable school period
4
(1) For the purposes of this Part, an
applicable
school period
in
5
relation to a child is a period ascertained in accordance with a
6
determination under subsection (2).
7
(2) The Minister may, by legislative instrument, make a determination
8
for the purposes of subsection (1).
9
(3) A period ascertained under subsection (1) may be a recurring
10
period.
11
(4) A period may be ascertained under subsection (1) by reference to a
12
term of the school attended by the child.
13
(5) For the purposes of this Part, it is immaterial whether an applicable
14
school period begins before or after the commencement of this
15
section.
16
123SCH Unsatisfactory school attendance situation
17
(1) For the purposes of this Part, the question whether an
18
unsatisfactory school attendance situation
exists, or has existed,
19
in relation to a child is to be ascertained in accordance with a
20
determination under subsection (2).
21
(2) The Minister may, by legislative instrument, make a determination
22
for the purposes of subsection (1).
23
(3) However, an
unsatisfactory school attendance situation
does not
24
exist in relation to a child if the child is not required, under a law of
25
a State or Territory, to attend school in a State or Territory.
26
(4) For the purposes of this Part, it is immaterial whether an
27
unsatisfactory school attendance situation exists or has existed
28
before or after the commencement of this section.
29
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
19
123SCI Formal warning--unsatisfactory school attendance situation
1
If:
2
(a) a person is not subject to the enhanced income management
3
regime under section 123SCC; and
4
(b) the person, or the person's partner, has an eligible care child;
5
and
6
(c) an unsatisfactory school attendance situation exists, or has
7
existed, in relation to the eligible care child;
8
the Secretary may give the person a formal warning that the
9
person, or the person's partner, could become subject to the
10
enhanced income management regime under section 123SCC if an
11
unsatisfactory school attendance situation exists in relation to the
12
eligible care child.
13
Subdivision D--Referrals by recognised State/Territory
14
authority
15
123SCJ Persons subject to the enhanced income management
16
regime--referrals by recognised State/Territory authority
17
Person given notice by a recognised State/Territory authority
18
(1) For the purposes of this Part, a person is
subject to the enhanced
19
income management regime
at a particular time (the
test time
) if:
20
(a) at the test time, the person, or the person's partner, is an
21
eligible recipient of a category A welfare payment; and
22
(b) an officer or employee of a State/Territory authority gave the
23
Secretary a written notice requiring that the person be subject
24
to the enhanced income management regime under this
25
section; and
26
(c) the notice was given:
27
(i) under a law (whether written or unwritten) in force in a
28
State or Territory (other than a law of the
29
Commonwealth); or
30
(ii) in the exercise of the executive power of a State or
31
Territory; and
32
(d) at the test time, the notice is in force; and
33
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
20
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
(e) at the test time, the State/Territory authority is a recognised
1
State/Territory authority; and
2
(f) if, at the test time, the person has a Part 3B payment
3
nominee--that nominee is subject to the enhanced income
4
management regime or is subject to the income management
5
regime (within the meaning of Part 3B); and
6
(g) at the test time, the person is not subject to the enhanced
7
income management regime under section 123SC, 123SCA,
8
123SCB or 123SCC; and
9
(h) subsection (2) or (3) of this section applies.
10
(2) This subsection applies if, immediately before the test time, the
11
person is not subject to the income management regime (within the
12
meaning of Part 3B).
13
(3) This subsection applies if:
14
(a) before the test time, the person made a request under
15
subsection 123SIA(1) to transfer to the enhanced income
16
management regime; and
17
(b) before the test time, the Secretary gave the person a written
18
notice (a
transfer notice
) under subsection 123SIA(2) stating
19
that the person is eligible to transfer to the enhanced income
20
management regime; and
21
(c) at the test time, the transfer notice is in force; and
22
(d) immediately before the transfer notice comes into force, the
23
person was subject to the income management regime under
24
subsection 123UFAA(1).
25
(4) Paragraph (1)(b) is taken to be satisfied if, before, on or after the
26
day this subsection commences, an officer or employee of a
27
State/Territory authority gave the Secretary a written notice
28
requiring that the person be subject to the income management
29
regime under Part 3B.
30
Person who has a Part 3B payment nominee subject to any income
31
management
32
(5) For the purposes of this Part, a person is
subject to the enhanced
33
income management regime
at a particular time (the
test time
) if:
34
(a) at the test time, the person is:
35
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
21
(i) not subject to the enhanced income management regime
1
under any other provision of this Division; and
2
(ii) not subject to the income management regime (within
3
the meaning of Part 3B); and
4
(b) at the test time, the person has a Part 3B payment nominee;
5
and
6
(c) at the test time, the Part 3B payment nominee is:
7
(i) subject to the enhanced income management regime
8
under subsection (1); or
9
(ii) subject to the income management regime under
10
subsection 123UFAA(1).
11
(6) For the purposes of this Part, a person is
subject to the enhanced
12
income management regime
at a particular time (the
test time
) if:
13
(a) before the test time, the person made a request under
14
subsection 123SIA(1) to transfer to the enhanced income
15
management regime; and
16
(b) before the test time, the Secretary gave the person a written
17
notice (a
transfer notice
) under subsection 123SIA(2) stating
18
that the person is eligible to transfer to the enhanced income
19
management regime; and
20
(c) at the test time, the transfer notice is in force; and
21
(d) at the test time, the person has a Part 3B payment nominee
22
who is:
23
(i) subject to the enhanced income management regime
24
under subsection (1) of this section; or
25
(ii) subject to the income management regime under
26
subsection 123UFAA(1); and
27
(e) immediately before the transfer notice comes into force, the
28
person was subject to the income management regime under
29
subsection 123UFAA(2).
30
123SCK Recognised State/Territory authority
31
(1) The Minister may, by legislative instrument, determine that:
32
(a) a specified department, or a specified part of a department, of
33
a State or Territory; or
34
(b) a specified body of a State or Territory; or
35
(c) a specified agency of a State or Territory;
36
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
22
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
is a
recognised State/Territory authority
for the purposes of this
1
Part.
2
Functions, powers or duties of officers or employees
3
(2) Before making a determination under subsection (1), the Minister
4
must be satisfied that officers or employees of the department or
5
part of the department, or of the body or agency, have functions,
6
powers or duties in relation to the care, protection, welfare or
7
safety of adults, children or families.
8
Appropriate review process
9
(3) Before making a determination under subsection (1), the Minister
10
must be satisfied that there is an appropriate process for reviewing
11
any decisions to give notices of the kind referred to in
12
paragraph 123SCJ(1)(b) that could be made by officers or
13
employees of the department or part of the department or of the
14
body or agency if the Minister were to make the determination.
15
(4) In deciding whether the Minister is satisfied as mentioned in
16
subsection (3), the Minister must have regard to the following:
17
(a) the cost of the review process to applicants;
18
(b) the timeliness of the review process;
19
(c) whether the review process provides that applicants are
20
entitled to be represented and heard;
21
(d) the degree of independence of the review process;
22
(e) whether the review process provides for the use of the
23
services of an interpreter.
24
This subsection does not limit the matters to which the Minister
25
may have regard to in deciding whether the Minister is satisfied as
26
mentioned in subsection (3).
27
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
23
Subdivision E--Vulnerable welfare payment recipients
1
123SCL Persons subject to the enhanced income management
2
regime--vulnerable welfare payment recipients
3
Person who is a vulnerable welfare payment recipient
4
(1) For the purposes of this Part, a person is
subject to the enhanced
5
income management regime
at a particular time (the
test time
) if:
6
(a) at the test time, the person's usual place of residence is
7
within a State, a Territory or an area specified in an
8
instrument made under subsection (5); and
9
(b) at the test time, a determination under section 123SCM that
10
the person is a vulnerable welfare payment recipient is in
11
force; and
12
(c) if, at the test time, the person has a Part 3B payment
13
nominee--that nominee is subject to the enhanced income
14
management regime or is subject to the income management
15
regime (within the meaning of Part 3B); and
16
(d) at the test time, the person is not subject to the enhanced
17
income management regime under section 123SC, 123SCA,
18
123SCB, 123SCC or 123SCJ; and
19
(e) subsection (2) or (3) of this section applies.
20
(2) This subsection applies if:
21
(a) at the test time, the person is an eligible recipient of a
22
category F welfare payment; and
23
(b) immediately before the test time, the person is not subject to
24
the income management regime (within the meaning of
25
Part 3B).
26
(3) This subsection applies if:
27
(a) at the test time, the person is an eligible recipient of a
28
category A welfare payment; and
29
(b) before the test time, the person made a request under
30
subsection 123SIA(1) to transfer to the enhanced income
31
management regime; and
32
(c) before the test time, the Secretary gave the person a written
33
notice (a
transfer notice
) under subsection 123SIA(2) stating
34
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
24
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
that the person is eligible to transfer to the enhanced income
1
management regime; and
2
(d) at the test time, the transfer notice is in force; and
3
(e) immediately before the transfer notice comes into force, the
4
person was subject to the income management regime under
5
section 123UCA.
6
(4) If:
7
(a) a person is subject to the enhanced income management
8
regime under subsection (1); and
9
(b) paragraph (1)(a) ceases to apply in relation to the person; and
10
(c) at the time of that cessation, paragraphs (1)(b), (c) and (d)
11
apply in relation to the person and paragraph (2)(a) or (3)(a)
12
applies in relation to the person;
13
then the person remains subject to the enhanced income
14
management regime under subsection (1) until paragraph (1)(b),
15
(c) or (d) or (2)(a) or (3)(a) ceases to apply in relation to the
16
person.
17
Determination
18
(5) The Minister may, by legislative instrument, make a determination
19
specifying a State, a Territory or an area for the purposes of
20
paragraph (1)(a).
21
123SCM Determination by Secretary--vulnerable welfare payment
22
recipient
23
Determination
24
(1) The Secretary may, by writing, determine that a person is a
25
vulnerable welfare payment recipient for the purposes of this Part.
26
(2) In deciding whether to make a determination under subsection (1),
27
the Secretary must comply with any decision-making principles
28
determined under subsection (12) for the purposes of this
29
subsection.
30
Duration of determination
31
(3) A determination made under subsection (1):
32
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
25
(a) comes into force:
1
(i) on the day on which it is made; or
2
(ii) if a later day is specified in the determination--on that
3
later day; and
4
(b) remains in force (unless earlier revoked):
5
(i) for 12 months; or
6
(ii) if a shorter period is specified in the determination--for
7
that shorter period.
8
New determinations
9
(4) If a determination made under subsection (1) is, or has been, in
10
force in relation to a person, subsection (3) does not prevent the
11
Secretary from making a new determination under subsection (1)
12
in relation to that person.
13
Variation and revocation
14
(5) The Secretary may, by writing, vary or revoke a determination
15
made under subsection (1):
16
(a) on the Secretary's own initiative; or
17
(b) on request made under subsection (8).
18
(6) In deciding whether to vary or revoke a determination made under
19
subsection (1), the Secretary must comply with any
20
decision-making principles determined under subsection (12) for
21
the purposes of this subsection.
22
(7) Subsection (5) does not limit the application of subsection 33(3) of
23
the
Acts Interpretation Act 1901
to other instruments under this
24
Act.
25
Request to reconsider circumstances
26
(8) Subject to subsection (9), if a determination made under
27
subsection (1) is in force in relation to a person, the person may
28
request the Secretary to:
29
(a) reconsider the person's circumstances; and
30
(b) vary, or revoke, the determination.
31
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
26
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
(9) A person must not make a request under subsection (8) in relation
1
to a determination if, at any time during the preceding period of 90
2
days, the person has made a request under that subsection in
3
relation to the same determination.
4
(10) If a person makes a request under subsection (8), the Secretary
5
must reconsider the person's circumstances unless the request was
6
made in contravention of subsection (9).
7
Determination not a legislative instrument
8
(11) A determination made under subsection (1) is not a legislative
9
instrument.
10
Decision-making principles
11
(12) The Minister may, by legislative instrument, determine
12
decision-making principles for the purposes of subsections (2) and
13
(6).
14
(13) Without limiting subsection (12), the decision-making principles
15
may set out when the Secretary must make a determination under
16
subsection (1) in relation to a person.
17
18 Before section 123SD
18
Insert:
19
Subdivision F--Disengaged youth and long-term welfare
20
payment recipients
21
19 Subsection 123SD(1)
22
Omit "on or after 6 March 2023".
23
20 Paragraph 123SD(1)(a)
24
Repeal the paragraph.
25
21 At the end of subsection 123SD(1)
26
Add:
27
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
27
; and (h) at the test time, the person is not subject to the enhanced
1
income management regime under section 123SC, 123SCA,
2
123SCB, 123SCC, 123SCJ or 123SCL; and
3
(i) subsection (1A) or (1B) of this section applies.
4
22 After subsection 123SD(1)
5
Insert:
6
(1A) This subsection applies if, immediately before the test time, the
7
person is not subject to the income management regime (within the
8
meaning of Part 3B).
9
(1B) This subsection applies if:
10
(a) before the test time, the person made a request under
11
subsection 123SIA(1) to transfer to the enhanced income
12
management regime; and
13
(b) before the test time, the Secretary gave the person a written
14
notice (a
transfer notice
) under subsection 123SIA(2) stating
15
that the person is eligible to transfer to the enhanced income
16
management regime; and
17
(c) at the test time, the transfer notice is in force; and
18
(d) immediately before the transfer notice comes into force, the
19
person was subject to the income management regime under
20
subsection 123UCB(1).
21
23 Paragraph 123SD(2)(c)
22
Omit "and (f)", substitute ", (f) and (h)".
23
24 Paragraph 123SD(2)(d)
24
Omit "or (f)", substitute ", (f) or (h)".
25
25 After subsection 123SD(2)
26
Insert:
27
(2A) For the purposes of this Part, a person is
subject to the enhanced
28
income management regime
at a particular time (the
test time
) if:
29
(a) at the test time, the person is:
30
(i) not subject to the enhanced income management regime
31
under any other provision of this Division; and
32
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
28
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
(ii) not subject to the income management regime (within
1
the meaning of Part 3B); and
2
(b) at the test time, the person has a Part 3B payment nominee;
3
and
4
(c) at the test time, the Part 3B payment nominee is:
5
(i) subject to the enhanced income management regime
6
under subsection (1); or
7
(ii) subject to the income management regime under
8
subsection 123UCB(1).
9
(2B) For the purposes of this Part, a person is
subject to the enhanced
10
income management regime
at a particular time (the
test time
) if:
11
(a) before the test time, the person made a request under
12
subsection 123SIA(1) to transfer to the enhanced income
13
management regime; and
14
(b) before the test time, the Secretary gave the person a written
15
notice (a
transfer notice
) under subsection 123SIA(2) stating
16
that the person is eligible to transfer to the enhanced income
17
management regime; and
18
(c) at the test time, the transfer notice is in force; and
19
(d) at the test time, the person has a Part 3B payment nominee
20
who is:
21
(i) subject to the enhanced income management regime
22
under subsection (1) of this section; or
23
(ii) subject to the income management regime under
24
subsection 123UCB(1); and
25
(e) immediately before the transfer notice comes into force, the
26
person was subject to the income management regime under
27
subsection 123UCB(2).
28
26 Subsection 123SD(3)
29
Omit "on or after 6 March 2023".
30
27 Paragraph 123SD(3)(a)
31
Repeal the paragraph.
32
28 At the end of subsection 123SD(3)
33
Add:
34
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
29
; and (h) at the test time, the person is not subject to the enhanced
1
income management regime under section 123SC, 123SCA,
2
123SCB, 123SCC, 123SCJ or 123SCL; and
3
(i) subsection (5) or (6) of this section applies.
4
29 Paragraph 123SD(4)(c)
5
Omit "and (f)", substitute ", (f) and (h)".
6
30 Paragraph 123SD(4)(d)
7
Omit "or (f)", substitute ", (f) or (h)".
8
31 At the end of section 123SD
9
Add:
10
(5) This subsection applies if, immediately before the test time, the
11
person is not subject to the income management regime (within the
12
meaning of Part 3B).
13
(6) This subsection applies if:
14
(a) before the test time, the person made a request under
15
subsection 123SIA(1) to transfer to the enhanced income
16
management regime; and
17
(b) before the test time, the Secretary gave the person a written
18
notice (a
transfer notice
) under subsection 123SIA(2) stating
19
that the person is eligible to transfer to the enhanced income
20
management regime; and
21
(c) at the test time, the transfer notice is in force; and
22
(d) immediately before the transfer notice comes into force, the
23
person was subject to the income management regime under
24
subsection 123UCC(1).
25
(7) For the purposes of this Part, a person is
subject to the enhanced
26
income management regime
at a particular time (the
test time
) if:
27
(a) at the test time, the person is:
28
(i) not subject to the enhanced income management regime
29
under any other provision of this Division; and
30
(ii) not subject to the income management regime (within
31
the meaning of Part 3B); and
32
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
30
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
(b) at the test time, the person has a Part 3B payment nominee;
1
and
2
(c) at the test time, the Part 3B payment nominee is:
3
(i) subject to the enhanced income management regime
4
under subsection (3); or
5
(ii) subject to the income management regime under
6
subsection 123UCC(1).
7
(8) For the purposes of this Part, a person is
subject to the enhanced
8
income management regime
at a particular time (the
test time
) if:
9
(a) before the test time, the person made a request under
10
subsection 123SIA(1) to transfer to the enhanced income
11
management regime; and
12
(b) before the test time, the Secretary gave the person a written
13
notice (a
transfer notice
) under subsection 123SIA(2) stating
14
that the person is eligible to transfer to the enhanced income
15
management regime; and
16
(c) at the test time, the transfer notice is in force; and
17
(d) at the test time, the person has a Part 3B payment nominee
18
who is:
19
(i) subject to the enhanced income management regime
20
under subsection (1) of this section; or
21
(ii) subject to the income management regime under
22
subsection 123UCC(1); and
23
(e) immediately before the transfer notice comes into force, the
24
person was subject to the income management regime under
25
subsection 123UCC(2).
26
32 After section 123SD
27
Insert:
28
123SDA Persons subject to the enhanced income management
29
regime--persons residing in other areas
30
Disengaged youth
31
(1) For the purposes of this Part, a person is
subject to the enhanced
32
income management regime
at a particular time (the
test time
) if:
33
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
31
(a) at the test time, the person's usual place of residence is
1
within a State, a Territory or an area specified in an
2
instrument made under subsection (2); and
3
(b) at the test time, the person is an eligible recipient of a
4
category C welfare payment; and
5
(c) at the test time, the person is at least 15 years of age and
6
under 25 years of age; and
7
(d) at the test time, the person is not an exempt welfare payment
8
recipient; and
9
(e) if, at the test time, the person has a Part 3B payment
10
nominee--that nominee is subject to the enhanced income
11
management regime or is subject to the income management
12
regime (within the meaning of Part 3B); and
13
(f) the person was an eligible recipient of a category C welfare
14
payment for at least 13 weeks during the 26-week period
15
ending immediately before the test time; and
16
(g) at the test time, the person is not subject to the enhanced
17
income management regime under section 123SC, 123SCA,
18
123SCB, 123SCC, 123SCJ or 123SCL.
19
(2) The Minister may, by legislative instrument, make a determination
20
specifying a State, a Territory or an area for the purposes of
21
paragraph (1)(a).
22
(3) If:
23
(a) a person is subject to the enhanced income management
24
regime under subsection (1); and
25
(b) paragraph (1)(a) ceases to apply in relation to the person; and
26
(c) at the time of that cessation, paragraphs (1)(b), (c), (d), (e)
27
and (g) apply in relation to the person;
28
then the person remains subject to the enhanced income
29
management regime under subsection (1) until the earlier of the
30
following:
31
(d) the time paragraph (1)(b), (c), (d), (e) or (g) ceases to apply
32
in relation to the person;
33
(e) the end of the period of 13 weeks beginning on the day that
34
paragraph (1)(a) ceased to apply in relation to the person.
35
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
32
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
(4) For the purposes of this Part, a person is
subject to the enhanced
1
income management regime
at a particular time (the
test time
) if:
2
(a) at the test time, the person is:
3
(i) not subject to the enhanced income management regime
4
under any other provision of this Division; and
5
(ii) not subject to the income management regime (within
6
the meaning of Part 3B); and
7
(b) at the test time, the person has a Part 3B payment nominee;
8
and
9
(c) at the test time, the Part 3B payment nominee is:
10
(i) subject to the enhanced income management regime
11
under subsection (1); or
12
(ii) subject to the income management regime under
13
subsection 123UCB(1).
14
Long-term welfare payment recipient
15
(5) For the purposes of this Part, a person is
subject to the enhanced
16
income management regime
at a particular time (the
test time
) if:
17
(a) at the test time, the person's usual place of residence is
18
within a State, a Territory or an area specified in an
19
instrument made under subsection (6); and
20
(b) at the test time, the person is an eligible recipient of a
21
category C welfare payment; and
22
(c) at the test time, the person is at least 25 years of age but has
23
not reached pension age; and
24
(d) at the test time, the person is not an exempt welfare payment
25
recipient; and
26
(e) if, at the test time, the person has a Part 3B payment
27
nominee--that nominee is subject to the enhanced income
28
management regime or is subject to the income management
29
regime (within the meaning of Part 3B); and
30
(f) the person was an eligible recipient of a category C welfare
31
payment for at least 52 weeks during the 104-week period
32
ending immediately before the test time; and
33
(g) at the test time, the person is not subject to the enhanced
34
income management regime under section 123SC, 123SCA,
35
123SCB, 123SCC, 123SCJ or 123SCL.
36
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
33
(6) The Minister may, by legislative instrument, make a determination
1
specifying a State, a Territory or an area for the purposes of
2
paragraph (5)(a).
3
(7) If:
4
(a) a person is subject to the enhanced income management
5
regime under subsection (5); and
6
(b) paragraph (5)(a) ceases to apply in relation to the person; and
7
(c) at the time of that cessation, paragraphs (5)(b), (c), (d), (e)
8
and (g) apply in relation to the person;
9
then the person remains subject to the enhanced income
10
management regime under subsection (5) until the earlier of the
11
following:
12
(d) the time paragraph (5)(b), (c), (d), (e) or (g) ceases to apply
13
in relation to the person;
14
(e) the end of the period of 13 weeks beginning on the day that
15
paragraph (5)(a) ceased to apply in relation to the person.
16
(8) For the purposes of this Part, a person is
subject to the enhanced
17
income management regime
at a particular time (the
test time
) if:
18
(a) at the test time, the person is:
19
(i) not subject to the enhanced income management regime
20
under any other provision of this Division; and
21
(ii) not subject to the income management regime (within
22
the meaning of Part 3B); and
23
(b) at the test time, the person has a Part 3B payment nominee;
24
and
25
(c) at the test time, the Part 3B payment nominee is:
26
(i) subject to the enhanced income management regime
27
under subsection (5); or
28
(ii) subject to the income management regime under
29
subsection 123UCC(1).
30
123SDB Exempt welfare payment recipient--inclusion in specified
31
class
32
(1) The Secretary may, by writing, determine that a person is an
33
exempt welfare payment recipient
if the Secretary is satisfied that
34
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
34
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
the person is included in a class of persons specified in an
1
instrument made by the Minister under subsection (2).
2
(2) The Minister may, by legislative instrument, make a determination
3
specifying a class of persons for the purposes of subsection (1).
4
(3) A determination made by the Secretary under subsection (1) is not
5
a legislative instrument.
6
123SDC Exempt welfare payment recipient--person is not the
7
principal carer of a child
8
(1) The Secretary may, by writing, determine that a person is an
9
exempt welfare payment recipient
if:
10
(a) the person is not the principal carer of a child who is a school
11
age child or younger; and
12
(b) the Secretary is satisfied that one of the following applies:
13
(i) the person is a full-time student or a new apprentice;
14
(ii) within at least 4 of the last 6 fortnights, the person has
15
received less than 25% of the maximum basic rate of
16
youth allowance, jobseeker payment, pension PP
17
(single) or benefit (PP) partnered (other than because a
18
compliance penalty period applied to the person);
19
(iii) within at least 4 of the last 6 fortnights, the person has
20
received less than 25% of the equivalent rate of special
21
benefit (other than because a compliance penalty period
22
applied to the person);
23
(iv) the person is undertaking an activity specified in an
24
instrument made by the Minister under subsection (2).
25
(2) The Minister may, by legislative instrument, make a determination
26
specifying activities for persons for the purposes of
27
subparagraph (1)(b)(iv).
28
(3) A determination made by the Secretary under subsection (1) is not
29
a legislative instrument.
30
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
35
123SDD Exempt welfare payment recipient--person is the principal
1
carer of a child
2
(1) The Secretary may, by writing, determine that a person is an
3
exempt welfare payment recipient
if:
4
(a) the person is the principal carer of a child who is a school age
5
child or younger; and
6
(b) in relation to each child who is a school age child--the
7
Secretary is satisfied that:
8
(i) the child is enrolled at a school, and, in each of the last
9
2 school terms that have ended, the child has had no
10
more than 5 absences for reasons that are not
11
satisfactory to a person responsible for the operation of
12
the school; or
13
(ii) the child is enrolled at a school, and, in each of the last
14
2 school terms that have ended, the child has had more
15
than 5 absences for reasons that are not satisfactory to a
16
person responsible for the operation of the school but
17
the person is taking reasonable steps to ensure that the
18
child attends school as required by the law of the State
19
or Territory concerned; or
20
(iii) the child is covered by a schooling arrangement that is
21
acceptable under a law of a State or Territory as an
22
alternative to a requirement under that law to enrol at, or
23
attend, a school (for example, the child is
24
home-schooled), and the child's schooling is
25
progressing satisfactorily; or
26
(iv) the child is participating in an activity specified in an
27
instrument made by the Minister under subsection (2);
28
and
29
(c) in relation to each other child--the Secretary is satisfied that
30
the person or the child is participating in the required number
31
and kind of activities specified in an instrument made by the
32
Minister under subsection (3); and
33
(d) the Secretary is satisfied that there were no indications of
34
financial vulnerability in relation to the person during the last
35
12-month period.
36
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
36
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
Alternative activities for school age children
1
(2) The Minister may, by legislative instrument, make a determination
2
specifying activities for school age children for the purposes of
3
subparagraph (1)(b)(iv).
4
Activities relating to children (other than school age children)
5
(3) The Minister must, by legislative instrument, make a determination
6
specifying the number and kind of activities for a person, or the
7
person's child (other than a school age child), for the purposes of
8
paragraph (1)(c).
9
(4) Without limiting subsection (3), the activities that may be specified
10
under that subsection may relate to a child's intellectual, physical
11
or social development.
12
Decision-making principles relating to financial vulnerability
13
(5) In deciding whether the Secretary is satisfied as mentioned in
14
paragraph (1)(d), the Secretary must comply with any
15
decision-making principles determined under subsection (6) for the
16
purposes of this subsection.
17
(6) The Minister may, by legislative instrument, determine
18
decision-making principles for the purposes of subsection (5).
19
Determination not a legislative instrument
20
(7) A determination made by the Secretary under subsection (1) is not
21
a legislative instrument.
22
Definitions
23
(8) In this section:
24
person responsible
, for the operation of a school, has the same
25
meaning as in Part 3C.
26
123SDE Full-time student
27
A person is a
full-time student
for the purposes of this Part if the
28
person:
29
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
37
(a) is an eligible recipient of youth allowance; and
1
(b) is undertaking full-time study (within the meaning of
2
section 541B of the 1991 Act).
3
123SDF School age child
4
(1) For the purposes of this Part, a child is a
school age child
if the
5
child is required, under a law of a State or Territory:
6
(a) to be enrolled at a school; or
7
(b) to attend a school at times required under that law.
8
(2) For the purposes of this section:
9
attendance
, at a school, includes attendance at a place, for the
10
purpose of schooling, that is acceptable under a law of a State or
11
Territory as an alternative to a requirement under that law to attend
12
a school.
13
enrolment
, at a school, includes anything, for the purposes of
14
schooling, that is acceptable under a law of a State or Territory as
15
an alternative to a requirement under that law to enrol at a school.
16
Subdivision G--Volunteers
17
33 Subsection 123SE(1)
18
Omit "on or after 6 March 2023".
19
34 At the end of section 123SE
20
Add:
21
(7) A person ceases to be subject to the enhanced income management
22
regime under paragraph (1)(b) if the person becomes subject to the
23
enhanced income management regime under section 123SC,
24
123SCA, 123SCB, 123SCC, 123SCJ, 123SCL, 123SD or 123SDA.
25
35 Paragraph 123SF(3)(a)
26
Omit "category F welfare payment", substitute "category A welfare
27
payment".
28
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
38
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
36 Paragraph 123SF(3)(b)
1
After "within", insert "a voluntary enhanced income management area
2
or".
3
37 Before paragraph 123SF(4)(a)
4
Insert:
5
(aa) the person is subject to the enhanced income management
6
regime under section 123SC, 123SCA, 123SCB, 123SCC,
7
123SCJ, 123SCL, 123SD or 123SDA or
8
paragraph 123SE(1)(b); or
9
38 At the end of section 123SF
10
Add:
11
(5) The Minister may, by legislative instrument, determine that:
12
(a) a specified State; or
13
(b) a specified Territory; or
14
(c) a specified area;
15
is a
voluntary enhanced income management area
for the
16
purposes of this Part.
17
39 Subparagraph 123SG(1)(a)(i)
18
Omit "category F welfare payment", substitute "category A welfare
19
payment".
20
40 Subparagraph 123SG(1)(a)(ii)
21
After "within", insert "a voluntary enhanced income management area
22
or".
23
41 After subparagraph 123SG(1)(a)(iii)
24
Insert:
25
(iiia) at that time, the person is not subject to the enhanced
26
income management regime under section 123SC,
27
123SCA, 123SCB, 123SCC, 123SCJ, 123SCL, 123SD
28
or 123SDA or paragraph 123SE(1)(b); and
29
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
39
42 Paragraph 123SH(4)(b)
1
Omit "either of the following events occurs", substitute "any of the
2
following events occur".
3
43 Subparagraph 123SH(4)(b)(i)
4
Omit "category F welfare payment", substitute "category A welfare
5
payment".
6
44 After subparagraph 123SH(4)(b)(ii)
7
Insert:
8
(iii) the person becomes subject to the enhanced income
9
management regime under section 123SC, 123SCA,
10
123SCB, 123SCC, 123SCJ, 123SCL, 123SD or
11
123SDA;
12
45 Before section 123SI
13
Insert:
14
Subdivision H--Relationship with other provisions
15
46 Section 123SI
16
Before "If", insert "(1)".
17
47 At the end of section 123SI
18
Add:
19
(2) If:
20
(a) a person was a program participant under section 124PGE
21
immediately before the start of 1 October 2022; and
22
(b) on or after 1 October 2022 and before the repeal day, the
23
Secretary made a determination under subsection 124PHA(1)
24
or 124PHB(3) in relation to the person;
25
then, despite section 123SCB, 123SCC, 123SCJ, 123SCL, 123SD
26
or 123SDA, the person cannot become subject to the enhanced
27
income management regime under that section at any time after the
28
making of that determination.
29
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
40
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
48 At the end of Division 2 of Part 3AA
1
Add:
2
123SIA Requests to transfer from the income management regime
3
Person's request
4
(1) A person who is subject to the income management regime under
5
section 123UC, 123UCA, 123UCB, 123UCC or 123UFAA may
6
make a request to the Secretary to transfer to the enhanced income
7
management regime. The request cannot be withdrawn or revoked.
8
Secretary's notice
9
(2) If the person does so, the Secretary must give the person a written
10
notice stating that the person is eligible to transfer to the enhanced
11
income management regime.
12
(3) The notice comes into force on a day specified in the notice (which
13
must be no later than 28 days after the day on which the request
14
was made).
15
(4) The notice ceases to be in force immediately after the person first
16
ceases to be subject to the enhanced income management regime.
17
(5) A notice under subsection (2) is not a legislative instrument.
18
49 Division 3 of Part 3AA (heading)
19
Repeal the heading, substitute:
20
Division 3--Portioning of welfare payments
21
50 Section 123SL
22
After "a category B welfare payment", insert "and is subject to the
23
enhanced income management regime under section 123SC".
24
51 After Subdivision A of Division 3 of Part 3AA
25
Insert:
26
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
41
Subdivision AA--Persons subject to the enhanced income
1
management regime--child protection
2
123SLA Category B welfare payment to be split into qualified and
3
unqualified portions
4
Payments by instalments
5
(1) If an instalment of a category B welfare payment is payable to a
6
person who is subject to the enhanced income management regime
7
under section 123SCA:
8
(a) the percentage of the gross amount of the payment that is
9
qualified (the
qualified portion
) is:
10
(i) 100%, unless subparagraph (ii) applies; or
11
(ii) if a lower percentage is determined by the Minister
12
under subsection (2) of this section--the lower
13
percentage; and
14
(b) the percentage of the gross amount of the payment that is
15
unqualified (the
unqualified portion
) is the percentage that is
16
equal to 100% minus the percentage applicable under
17
paragraph (a).
18
Note:
The percentage may be varied under subsection (7).
19
(2) The Minister may, by legislative instrument, determine a
20
percentage for the purposes of subparagraph (1)(a)(ii).
21
(3) An instrument made under subsection (2) may determine different
22
percentages in relation to different kinds of category B welfare
23
payments.
24
Payments otherwise than by instalments
25
(4) If a category B welfare payment is payable, otherwise than by
26
instalments, to a person who is subject to the enhanced income
27
management regime under section 123SCA:
28
(a) the percentage of the gross amount of the payment that is
29
qualified (the
qualified portion
) is:
30
(i) 100%, unless subparagraph (ii) applies; or
31
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
42
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
(ii) if a lower percentage is determined by the Minister
1
under subsection (5) of this section--the lower
2
percentage; and
3
(b) the percentage of the gross amount of the payment that is
4
unqualified (the
unqualified portion
) is the percentage that is
5
equal to 100% minus the percentage applicable under
6
paragraph (a).
7
Note:
The percentage may be varied under subsection (7).
8
(5) The Minister may, by legislative instrument, determine a
9
percentage for the purposes of subparagraph (4)(a)(ii).
10
(6) An instrument made under subsection (5) may determine different
11
percentages in relation to different kinds of category B welfare
12
payments.
13
Variation by Secretary
14
(7) For a person who is subject to the enhanced income management
15
regime under section 123SCA, the Secretary may make a
16
determination that:
17
(a) varies the percentage applicable under paragraph (1)(a) to
18
0%; and
19
(b) varies the percentage applicable under paragraph (1)(b) to
20
100%; and
21
(c) varies the percentage applicable under paragraph (4)(a) to
22
0%; and
23
(d) varies the percentage applicable under paragraph (4)(b) to
24
100%.
25
(8) The Secretary may make a determination under subsection (7) only
26
if:
27
(a) the Secretary is satisfied that the person is unable to use the
28
person's debit card that was issued to the person and that is
29
attached to the person's BasicsCard bank account, or is
30
unable to access that account, as a direct result of:
31
(i) a technological fault or malfunction with that card or
32
account; or
33
(ii) a natural disaster; or
34
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
43
(iii) if a national emergency declaration (within the meaning
1
of the
National Emergency Declaration Act 2020
) is in
2
force--an emergency to which the declaration relates;
3
or
4
(b) the person's category B welfare payment is payable in
5
instalments and the Secretary is satisfied that any part of the
6
payment is payable:
7
(i) at a time determined under subsection 43(2), where that
8
determination is made because the person is in severe
9
financial hardship as a result of exceptional and
10
unforeseen circumstances; or
11
(ii) under a determination under subsection 51(1).
12
(9) A determination made under subsection (7) takes effect on the day
13
specified in the determination (which must not be earlier than the
14
day on which the determination is made).
15
(10) A determination made under subsection (7) is not a legislative
16
instrument.
17
123SLB Payment of balance of qualified portion of category B
18
welfare payment
19
If a category B welfare payment is payable to a person who is
20
subject to the enhanced income management regime under
21
section 123SCA, the Secretary must pay the balance of the
22
qualified portion of the payment to the credit of a BasicsCard bank
23
account maintained by the person.
24
123SLC Recipient's use of funds from category B welfare payments
25
A person who receives a category B welfare payment and is
26
subject to the enhanced income management regime under
27
section 123SCA:
28
(a) may use the balance of the qualified portion of the payment,
29
as paid under section 123SLB, to obtain goods or services,
30
other than:
31
(i) excluded goods or excluded services; or
32
(ii) a cash-like product that could be used to obtain
33
excluded goods or excluded services; and
34
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
44
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
(b) may use the unqualified portion of the payment, as paid to
1
the person, at the person's discretion.
2
Subdivision AB--Persons subject to the enhanced income
3
management regime--school enrolment and
4
attendance
5
123SLD Category B welfare payment to be split into qualified and
6
unqualified portions
7
Payments by instalments
8
(1) If an instalment of a category B welfare payment is payable to a
9
person who is subject to the enhanced income management regime
10
under section 123SCB or 123SCC:
11
(a) the percentage of the gross amount of the payment that is
12
qualified (the
qualified portion
) is:
13
(i) 100%, unless subparagraph (ii) applies; or
14
(ii) if a lower percentage is determined by the Minister
15
under subsection (2) of this section--the lower
16
percentage; and
17
(b) the percentage of the gross amount of the payment that is
18
unqualified (the
unqualified portion
) is the percentage that is
19
equal to 100% minus the percentage applicable under
20
paragraph (a).
21
Note:
The percentage may be varied under subsection (7).
22
(2) The Minister may, by legislative instrument, determine a
23
percentage for the purposes of subparagraph (1)(a)(ii).
24
(3) An instrument made under subsection (2) may determine different
25
percentages in relation to different kinds of category B welfare
26
payments.
27
Payments otherwise than by instalments
28
(4) If a category B welfare payment is payable, otherwise than by
29
instalments, to a person who is subject to the enhanced income
30
management regime under section 123SCB or 123SCC:
31
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
45
(a) the percentage of the gross amount of the payment that is
1
qualified (the
qualified portion
) is:
2
(i) 100%, unless subparagraph (ii) applies; or
3
(ii) if a lower percentage is determined by the Minister
4
under subsection (5) of this section--the lower
5
percentage; and
6
(b) the percentage of the gross amount of the payment that is
7
unqualified (the
unqualified portion
) is the percentage that is
8
equal to 100% minus the percentage applicable under
9
paragraph (a).
10
Note:
The percentage may be varied under subsection (7).
11
(5) The Minister may, by legislative instrument, determine a
12
percentage for the purposes of subparagraph (4)(a)(ii).
13
(6) An instrument made under subsection (5) may determine different
14
percentages in relation to different kinds of category B welfare
15
payments.
16
Variation by Secretary
17
(7) For a person who is subject to the enhanced income management
18
regime under section 123SCB or 123SCC, the Secretary may make
19
a determination that:
20
(a) varies the percentage applicable under paragraph (1)(a) to
21
0%; and
22
(b) varies the percentage applicable under paragraph (1)(b) to
23
100%; and
24
(c) varies the percentage applicable under paragraph (4)(a) to
25
0%; and
26
(d) varies the percentage applicable under paragraph (4)(b) to
27
100%.
28
(8) The Secretary may make a determination under subsection (7) only
29
if:
30
(a) the Secretary is satisfied that the person is unable to use the
31
person's debit card that was issued to the person and that is
32
attached to the person's BasicsCard bank account, or is
33
unable to access that account, as a direct result of:
34
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
46
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
(i) a technological fault or malfunction with that card or
1
account; or
2
(ii) a natural disaster; or
3
(iii) if a national emergency declaration (within the meaning
4
of the
National Emergency Declaration Act 2020
) is in
5
force--an emergency to which the declaration relates;
6
or
7
(b) the person's category B welfare payment is payable in
8
instalments and the Secretary is satisfied that any part of the
9
payment is payable:
10
(i) at a time determined under subsection 43(2), where that
11
determination is made because the person is in severe
12
financial hardship as a result of exceptional and
13
unforeseen circumstances; or
14
(ii) under a determination under subsection 51(1).
15
(9) A determination made under subsection (7) takes effect on the day
16
specified in the determination (which must not be earlier than the
17
day on which the determination is made).
18
(10) A determination made under subsection (7) is not a legislative
19
instrument.
20
123SLE Payment of balance of qualified portion of category B
21
welfare payment
22
If a category B welfare payment is payable to a person who is
23
subject to the enhanced income management regime under
24
section 123SCB or 123SCC, the Secretary must pay the balance of
25
the qualified portion of the payment to the credit of a BasicsCard
26
bank account maintained by the person.
27
123SLF Recipient's use of funds from category B welfare payments
28
A person who receives a category B welfare payment and is
29
subject to the enhanced income management regime under
30
section 123SCB or 123SCC:
31
(a) may use the balance of the qualified portion of the payment,
32
as paid under section 123SLE, to obtain goods or services,
33
other than:
34
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
47
(i) excluded goods or excluded services; or
1
(ii) a cash-like product that could be used to obtain
2
excluded goods or excluded services; and
3
(b) may use the unqualified portion of the payment, as paid to
4
the person, at the person's discretion.
5
Subdivision AC--Persons subject to the enhanced income
6
management regime--referrals by recognised
7
State/Territory authority
8
123SLG Category B welfare payment to be split into qualified and
9
unqualified portions
10
Payments by instalments
11
(1) If an instalment of a category B welfare payment is payable to a
12
person who is subject to the enhanced income management regime
13
under section 123SCJ:
14
(a) the percentage of the gross amount of the payment that is
15
qualified (the
qualified portion
) is:
16
(i) 70%, unless subparagraph (ii) applies; or
17
(ii) if another percentage is determined by the Minister
18
under subsection (2) of this section--the other
19
percentage; and
20
(b) the percentage of the gross amount of the payment that is
21
unqualified (the
unqualified portion
) is the percentage that is
22
equal to 100% minus the percentage applicable under
23
paragraph (a).
24
Note:
The percentage may be varied under subsection (7).
25
(2) The Minister may, by legislative instrument, determine a
26
percentage for the purposes of subparagraph (1)(a)(ii).
27
(3) An instrument made under subsection (2) may determine different
28
percentages depending on one or more of the following:
29
(a) the different kinds of category B welfare payments payable to
30
persons subject to the enhanced income management regime
31
under section 123SCJ;
32
(b) the usual place of residence of those persons;
33
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
48
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
(c) the recognised State/Territory authority.
1
Payments otherwise than by instalments
2
(4) If a category B welfare payment is payable, otherwise than by
3
instalments, to a person who is subject to the enhanced income
4
management regime under section 123SCJ:
5
(a) the percentage of the gross amount of the payment that is
6
qualified (the
qualified portion
) is:
7
(i) 100%, unless subparagraph (ii) applies; or
8
(ii) if a lower percentage is determined by the Minister
9
under subsection (5) of this section--the lower
10
percentage; and
11
(b) the percentage of the gross amount of the payment that is
12
unqualified (the
unqualified portion
) is the percentage that is
13
equal to 100% minus the percentage applicable under
14
paragraph (a).
15
Note:
The percentage may be varied under subsection (7).
16
(5) The Minister may, by legislative instrument, determine a
17
percentage for the purposes of subparagraph (4)(a)(ii).
18
(6) An instrument made under subsection (5) may determine different
19
percentages depending on one or more of the following:
20
(a) the different kinds of category B welfare payments payable to
21
persons subject to the enhanced income management regime
22
under section 123SCJ;
23
(b) the usual place of residence of those persons;
24
(c) the recognised State/Territory authority.
25
Variation by Secretary
26
(7) For a person who is subject to the enhanced income management
27
regime under section 123SCJ, the Secretary may make a
28
determination that:
29
(a) varies the percentage applicable under paragraph (1)(a) to
30
0%; and
31
(b) varies the percentage applicable under paragraph (1)(b) to
32
100%; and
33
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
49
(c) varies the percentage applicable under paragraph (4)(a) to
1
0%; and
2
(d) varies the percentage applicable under paragraph (4)(b) to
3
100%.
4
(8) The Secretary may make a determination under subsection (7) only
5
if:
6
(a) the Secretary is satisfied that the person is unable to use the
7
person's debit card that was issued to the person and that is
8
attached to the person's BasicsCard bank account, or is
9
unable to access that account, as a direct result of:
10
(i) a technological fault or malfunction with that card or
11
account; or
12
(ii) a natural disaster; or
13
(iii) if a national emergency declaration (within the meaning
14
of the
National Emergency Declaration Act 2020
) is in
15
force--an emergency to which the declaration relates;
16
or
17
(b) the person's category B welfare payment is payable in
18
instalments and the Secretary is satisfied that any part of the
19
payment is payable:
20
(i) at a time determined under subsection 43(2), where that
21
determination is made because the person is in severe
22
financial hardship as a result of exceptional and
23
unforeseen circumstances; or
24
(ii) under a determination under subsection 51(1).
25
(9) A determination made under subsection (7) takes effect on the day
26
specified in the determination (which must not be earlier than the
27
day on which the determination is made).
28
(10) A determination made under subsection (7) is not a legislative
29
instrument.
30
123SLH Payment of balance of qualified portion of category B
31
welfare payment
32
If a category B welfare payment is payable to a person who is
33
subject to the enhanced income management regime under
34
section 123SCJ, the Secretary must pay the balance of the qualified
35
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
50
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
portion of the payment to the credit of a BasicsCard bank account
1
maintained by the person.
2
123SLI Recipient's use of funds from category B welfare payments
3
A person who receives a category B welfare payment and is
4
subject to the enhanced income management regime under
5
section 123SCJ:
6
(a) may use the balance of the qualified portion of the payment,
7
as paid under section 123SLH, to obtain goods or services,
8
other than:
9
(i) excluded goods or excluded services; or
10
(ii) a cash-like product that could be used to obtain
11
excluded goods or excluded services; and
12
(b) may use the unqualified portion of the payment, as paid to
13
the person, at the person's discretion.
14
Subdivision AD--Persons subject to the enhanced income
15
management regime--vulnerable welfare payment
16
recipients
17
123SLJ Relevant payment to be split into qualified and unqualified
18
portions
19
Payments by instalments
20
(1) If an instalment of a relevant payment is payable to a person who is
21
subject to the enhanced income management regime under
22
section 123SCL:
23
(a) the percentage of the gross amount of the payment that is
24
qualified (the
qualified portion
) is:
25
(i) 50%, unless subparagraph (ii) applies; or
26
(ii) if another percentage is determined by the Minister
27
under subsection (2) of this section--the other
28
percentage; and
29
(b) the percentage of the gross amount of the payment that is
30
unqualified (the
unqualified portion
) is the percentage that is
31
equal to 100% minus the percentage applicable under
32
paragraph (a).
33
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
51
Note:
The percentage may be varied under subsection (7).
1
(2) The Minister may, by legislative instrument, determine a
2
percentage for the purposes of subparagraph (1)(a)(ii).
3
(3) An instrument made under subsection (2) may determine different
4
percentages in relation to different kinds of relevant payments.
5
Payments otherwise than by instalments
6
(4) If a relevant payment is payable, otherwise than by instalments, to
7
a person who is subject to the enhanced income management
8
regime under section 123SCL:
9
(a) the percentage of the gross amount of the payment that is
10
qualified (the
qualified portion
) is:
11
(i) 100%, unless subparagraph (ii) applies; or
12
(ii) if a lower percentage is determined by the Minister
13
under subsection (5) of this section--the lower
14
percentage; and
15
(b) the percentage of the gross amount of the payment that is
16
unqualified (the
unqualified portion
) is the percentage that is
17
equal to 100% minus the percentage applicable under
18
paragraph (a).
19
Note:
The percentage may be varied under subsection (7).
20
(5) The Minister may, by legislative instrument, determine a
21
percentage for the purposes of subparagraph (4)(a)(ii).
22
(6) An instrument made under subsection (5) may determine different
23
percentages in relation to different kinds of relevant payments.
24
Variation by Secretary
25
(7) For a person who is subject to the enhanced income management
26
regime under section 123SCL, the Secretary may make a
27
determination that:
28
(a) varies the percentage applicable under paragraph (1)(a) to
29
0%; and
30
(b) varies the percentage applicable under paragraph (1)(b) to
31
100%; and
32
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
52
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
(c) varies the percentage applicable under paragraph (4)(a) to
1
0%; and
2
(d) varies the percentage applicable under paragraph (4)(b) to
3
100%.
4
(8) The Secretary may make a determination under subsection (7) only
5
if:
6
(a) the Secretary is satisfied that the person is unable to use the
7
person's debit card that was issued to the person and that is
8
attached to the person's BasicsCard bank account, or is
9
unable to access that account, as a direct result of:
10
(i) a technological fault or malfunction with that card or
11
account; or
12
(ii) a natural disaster; or
13
(iii) if a national emergency declaration (within the meaning
14
of the
National Emergency Declaration Act 2020
) is in
15
force--an emergency to which the declaration relates;
16
or
17
(b) the person's relevant payment is payable in instalments and
18
the Secretary is satisfied that any part of the payment is
19
payable:
20
(i) at a time determined under subsection 43(2), where that
21
determination is made because the person is in severe
22
financial hardship as a result of exceptional and
23
unforeseen circumstances; or
24
(ii) under a determination under subsection 51(1).
25
(9) A determination under subsection (7) takes effect on the day
26
specified in the determination (which must not be earlier than the
27
day on which the determination is made).
28
(10) A determination under subsection (7) is not a legislative
29
instrument.
30
123SLK Payment of balance of qualified portion of relevant
31
payment
32
If a relevant payment is payable to a person who is subject to the
33
enhanced income management regime under section 123SCL, the
34
Secretary must pay the balance of the qualified portion of the
35
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
53
payment to the credit of a BasicsCard bank account maintained by
1
the person.
2
123SLL Recipient's use of funds from relevant payments
3
A person who receives a relevant payment and is subject to the
4
enhanced income management regime under section 123SCL:
5
(a) may use the balance of the qualified portion of the payment,
6
as paid under section 123SLK, to obtain goods or services,
7
other than:
8
(i) excluded goods or excluded services; or
9
(ii) a cash-like product that could be used to obtain
10
excluded goods or excluded services; and
11
(b) may use the unqualified portion of the payment, as paid to
12
the person, at the person's discretion.
13
52 Subdivision B of Division 3 of Part 3AA (heading)
14
Omit "
Northern Territory
", substitute "
disengaged youth and
15
long-term welfare payment recipients
".
16
53 Subsection 123SM(1)
17
After "section 123SD", insert "or 123SDA".
18
54 Paragraphs 123SM(1)(a) and (b)
19
Repeal the paragraphs, substitute:
20
(a) the percentage of the gross amount of the payment that is
21
qualified (the
qualified portion
) is:
22
(i) 50%, unless subparagraph (ii) applies; or
23
(ii) if another percentage is determined by the Minister
24
under subsection (1A) of this section--the other
25
percentage; and
26
(b) the percentage of the gross amount of the payment that is
27
unqualified (the
unqualified portion
) is the percentage that is
28
equal to 100% minus the percentage applicable under
29
paragraph (a).
30
55 Subsection 123SM(2)
31
Repeal the subsection, substitute:
32
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
54
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
(1A) The Minister may, by legislative instrument, determine a
1
percentage for the purposes of subparagraph (1)(a)(ii).
2
(1B) An instrument made under subsection (1A) may determine
3
different percentages in relation to different kinds of category D
4
welfare payments.
5
Payments otherwise than by instalments
6
(2) If a category D welfare payment is payable, otherwise than by
7
instalments, to a person who is subject to the enhanced income
8
management regime under section 123SD or 123SDA:
9
(a) the percentage of the gross amount of the payment that is
10
qualified (the
qualified portion
) is:
11
(i) 100%, unless subparagraph (ii) applies; or
12
(ii) if a lower percentage is determined by the Minister
13
under subsection (2A) of this section--the lower
14
percentage; and
15
(b) the percentage of the gross amount of the payment that is
16
unqualified (the
unqualified portion
) is the percentage that is
17
equal to 100% minus the percentage applicable under
18
paragraph (a).
19
Note:
The percentage may be varied under subsection (3).
20
(2A) The Minister may, by legislative instrument, determine a
21
percentage for the purposes of subparagraph (2)(a)(ii).
22
(2B) An instrument made under subsection (2A) may determine
23
different percentages in relation to different kinds of category D
24
welfare payments.
25
56 Subsection 123SM(3)
26
After "section 123SD", insert "or 123SDA".
27
57 Paragraph 123SM(3)(c)
28
Repeal the paragraph, substitute:
29
(c) varies the percentage applicable under paragraph (2)(a) to
30
0%; and
31
(d) varies the percentage applicable under paragraph (2)(b) to
32
100%.
33
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
55
58 Section 123SN
1
After "section 123SD", insert "or 123SDA".
2
59 Section 123SO
3
After "category D welfare payment", insert "and is subject to the
4
enhanced income management regime under section 123SD or
5
123SDA".
6
60 Section 123SP (heading)
7
Omit "
Category G welfare payment
", substitute "
Category B welfare
8
payment
".
9
61 Subsections 123SP(1) and (2)
10
Repeal the subsections, substitute:
11
Payments by instalments
12
(1) If an instalment of a category B welfare payment is payable to a
13
person who is subject to the enhanced income management regime
14
under section 123SE:
15
(a) the percentage of the gross amount of the payment that is
16
qualified (the
qualified portion
) is:
17
(i) 50%, unless subparagraph (ii) applies; or
18
(ii) if another percentage is determined by the Minister
19
under subsection (1A) of this section--the other
20
percentage; and
21
(b) the percentage of the gross amount of the payment that is
22
unqualified (the
unqualified portion
) is the percentage that is
23
equal to 100% minus the percentage applicable under
24
paragraph (a).
25
Note:
The percentage may be varied under subsection (3).
26
(1A) The Minister may, by legislative instrument, determine a
27
percentage for the purposes of subparagraph (1)(a)(ii).
28
(1B) An instrument made under subsection (1A) may determine
29
different percentages in relation to different kinds of category B
30
welfare payments.
31
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
56
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
Payments otherwise than by instalments
1
(2) If a category B welfare payment is payable, otherwise than by
2
instalments, to a person who is subject to the enhanced income
3
management regime under section 123SE:
4
(a) the percentage of the gross amount of the payment that is
5
qualified (the
qualified portion
) is:
6
(i) 100%, unless subparagraph (ii) applies; or
7
(ii) if a lower percentage is determined by the Minister
8
under subsection (2A) of this section--the lower
9
percentage; and
10
(b) the percentage of the gross amount of the payment that is
11
unqualified (the
unqualified portion
) is the percentage that is
12
equal to 100% minus the percentage applicable under
13
paragraph (a).
14
Note:
The percentage may be varied under subsection (3).
15
(2A) The Minister may, by legislative instrument, determine a
16
percentage for the purposes of subparagraph (2)(a)(ii).
17
(2B) An instrument made under subsection (2A) may determine
18
different percentages in relation to different kinds of category B
19
welfare payments.
20
62 Paragraph 123SP(3)(c)
21
Repeal the paragraph, substitute:
22
(c) varies the percentage applicable under paragraph (2)(a) to
23
0%; and
24
(d) varies the percentage applicable under paragraph (2)(b) to
25
100%.
26
63 Paragraph 123SP(4)(b)
27
Omit "category G welfare payment", substitute "category B welfare
28
payment".
29
64 Section 123SQ (heading)
30
Omit "
category G welfare payment
", substitute "
category B welfare
31
payment
".
32
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
57
65 Section 123SQ
1
Omit "category G welfare payment", substitute "category B welfare
2
payment".
3
66 Section 123SR (heading)
4
Omit "
category G welfare payments
", substitute "
category B welfare
5
payments
".
6
67 Section 123SR
7
Omit "category G welfare payment", substitute "category B welfare
8
payment".
9
68 At the end of Division 4 of Part 3AA
10
Add:
11
123STA Disclosure of information--child protection
12
(1) Despite any law (whether written or unwritten) in force in a State
13
or Territory, a child protection officer of a State or Territory may
14
give the Secretary information about a person if:
15
(a) either:
16
(i) the person is subject to the enhanced income
17
management regime under section 123SCA; or
18
(ii) the child protection officer is considering whether to
19
give a notice of the kind referred to in
20
paragraph 123SCA(1)(b) in relation to the person; and
21
(b) the disclosed information is relevant to the operation of this
22
Part.
23
(2) If information about a person is disclosed by a child protection
24
officer of a State or Territory as mentioned in subsection (1), the
25
Secretary may disclose information about the person to a child
26
protection officer of the State or Territory for the purposes of the
27
operation of this Part.
28
(3) If:
29
(a) a person ceases to be subject to the enhanced income
30
management regime under section 123SCA because of the
31
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
58
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
cancellation of a category A welfare payment of the person
1
or the person's partner; and
2
(b) immediately before the cancellation, the notice referred to in
3
paragraph 123SCA(1)(b), that was given to the person by a
4
child protection officer of a State or Territory, is in force;
5
then, as soon as practicable after the cancellation, the Secretary
6
must give a child protection officer of the State or Territory written
7
notice of the cancellation.
8
123STB Disclosure of information--school enrolment and
9
attendance
10
(1) Despite any law (whether written or unwritten) in force in a State
11
or Territory:
12
(a) a State or Territory; or
13
(b) a non-government school authority; or
14
(c) any other person who is responsible for the operation of one
15
or more schools;
16
may give the Secretary information about the enrolment, or
17
non-enrolment, of children at school if the information is relevant
18
to the operation of this Part.
19
(2) Despite any law (whether written or unwritten) in force in a State
20
or Territory:
21
(a) a State or Territory; or
22
(b) a non-government school authority; or
23
(c) any other person who is responsible for the operation of one
24
or more schools;
25
may give the Secretary information about the attendance, or
26
non-attendance, of children at school if the information is relevant
27
to the operation of this Part.
28
123STC Disclosure of information--referrals by recognised
29
State/Territory authority
30
(1) Despite any law (whether written or unwritten) in force in a State
31
or Territory, an officer or employee of a recognised State/Territory
32
authority may give the Secretary information about a person if:
33
(a) either:
34
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
59
(i) the person is subject to the enhanced income
1
management regime under section 123SCJ; or
2
(ii) the officer or employee is considering whether to give a
3
notice of the kind referred to in paragraph 123SCJ(1)(b)
4
in relation to the person; and
5
(b) the disclosed information is relevant to the operation of this
6
Part.
7
(2) If information about a person is disclosed by an officer or
8
employee of a recognised State/Territory authority as mentioned in
9
subsection (1), the Secretary may disclose information about the
10
person to an officer or employee of the recognised State/Territory
11
authority for the purposes of the operation of this Part.
12
(3) If:
13
(a) a person ceases to be subject to the enhanced income
14
management regime under section 123SCJ because of the
15
cancellation of a category A welfare payment of the person
16
or the person's partner; and
17
(b) immediately before the cancellation, the notice referred to in
18
paragraph 123SCJ(1)(b), that was given to the person by an
19
officer or employee of a recognised State/Territory authority,
20
is in force;
21
then, as soon as practicable after the cancellation, the Secretary
22
must give an officer or employee of the recognised State/Territory
23
authority written notice of the cancellation.
24
69 Paragraph 123UC(2)(c)
25
Repeal the paragraph, substitute:
26
(c) at the test time, the Part 3B payment nominee is:
27
(i) subject to the income management regime under
28
subsection (1); or
29
(ii) subject to the enhanced income management regime
30
under subsection 123SCA(1).
31
70 Paragraph 123UCB(2)(c)
32
Repeal the paragraph, substitute:
33
(c) at the test time, the Part 3B payment nominee is:
34
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
60
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
(i) subject to the income management regime under
1
subsection (1); or
2
(ii) subject to the enhanced income management regime
3
under subsection 123SD(1) or 123SDA(1).
4
71 Paragraph 123UCC(2)(c)
5
Repeal the paragraph, substitute:
6
(c) at the test time, the Part 3B payment nominee is:
7
(i) subject to the income management regime under
8
subsection (1); or
9
(ii) subject to the enhanced income management regime
10
under subsection 123SD(3) or 123SDA(5).
11
72 Paragraph 123UFAA(2)(c)
12
Repeal the paragraph, substitute:
13
(c) at the test time, the Part 3B payment nominee is:
14
(i) subject to the income management regime under
15
subsection (1); or
16
(ii) subject to the enhanced income management regime
17
under subsection 123SCJ(1).
18
73 Subsections 123UO(1), (1A) and (2)
19
Repeal the subsections, substitute:
20
Termination by request
21
(1) A person may, by written notice given to the Secretary, request the
22
Secretary to terminate a voluntary income management agreement
23
in relation to the person if:
24
(a) the agreement has been in force for at least 13 weeks; or
25
(b) the person has made a request (whether orally or in writing)
26
to the Secretary to enter into a voluntary enhanced income
27
management agreement (within the meaning of Part 3AA).
28
(2) The Secretary must terminate a voluntary income management
29
agreement in relation to a person as soon as practicable after the
30
person makes a valid request under subsection (1).
31
Expanding access to the enhanced income management regime
Schedule 1
Main amendments
Part 1
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
61
74 At the end of Division 2 of Part 3B
1
Add:
2
Subdivision E--Relationship with Part 3AA
3
123UP Payment of credit balances of income management account
4
to BasicsCard bank account
5
(1) This section applies if a person becomes subject to the enhanced
6
income management regime (within the meaning of Part 3AA) on a
7
day (the
trigger day
).
8
Note:
A person who is subject to the income management regime can
9
request to transfer to the enhanced income management regime (see
10
section 123SIA).
11
(2) Despite any other provision of this Part, the Secretary may, on a
12
day (the
payment day
) before the end of 60 days beginning on the
13
trigger day, pay, to the credit of a BasicsCard bank account (within
14
the meaning of Part 3AA) maintained by the person, an amount
15
equal to the credit balance (if any) of the person's income
16
management account as at the end of the day before the payment
17
day.
18
(3) Immediately after any such payment:
19
(a) the Income Management Record is debited by an amount
20
equal to the payment; and
21
(b) the person's income management account is debited by an
22
amount equal to the payment.
23
(4) Despite any other provision of this Part, the person cannot become
24
subject to the income management regime under any provision of
25
this Part at any time on or after the trigger day.
26
75 Before paragraph 123ZN(1)(a)
27
Insert:
28
(aa) making payments under subsection 123UP(2); and
29
76 Paragraph 127(4)(aa)
30
After "subsection 123SE(3)", insert "or 123SIA(2)".
31
Schedule 1
Expanding access to the enhanced income management regime
Part 1
Main amendments
62
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
77 After paragraph 127(4)(aaa)
1
Insert:
2
(aab) a decision to make a payment under subsection 123UP(2); or
3
78 Paragraph 144(l)
4
After "subsection 123SE(3)", insert "or 123SIA(2)".
5
79 After paragraph 144(laa)
6
Insert:
7
(lab) a decision to make a payment under subsection 123UP(2);
8
Expanding access to the enhanced income management regime
Schedule 1
Application and transitional provisions
Part 2
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
63
Part 2--Application and transitional provisions
1
80 Application provision
--voluntary income management
2
agreements
3
The amendment of section 123UO of the
Social Security
4
(Administration) Act 1999
, made by this Schedule, applies in relation to
5
requests made on or after the commencement of this item.
6
81 Transitional provisions
--vulnerable welfare payment
7
recipients
8
(1)
If the Secretary gives a person a transfer notice referred to in
9
paragraph 123SCL(3)(c) of the
Social Security (Administration) Act
10
1999
, a determination (the
old determination
):
11
(a) made by the Secretary, under section 123UGA of that Act,
12
that the person is a vulnerable welfare payment recipient; and
13
(b) that is in force immediately before the transfer notice comes
14
into force;
15
has effect in relation to the person at and after the transfer notice comes
16
into force as if it were a determination (the
new determination
) made
17
by the Secretary under section 123SCM of that Act, as inserted by this
18
Schedule.
19
(2)
The new determination remains in force for the balance of the period
20
referred to in paragraph 123UGA(3)(b) of the
Social Security
21
(Administration) Act 1999
, unless revoked earlier.
22
(3)
A request:
23
(a) made by the person, under subsection 123UGA(8) of the
24
Social Security (Administration) Act 1999
, to revoke or vary
25
the old determination; and
26
(b) that was pending immediately before the transfer notice
27
comes into force;
28
has effect at and after the transfer notice comes into force as if it were
29
made by the person under subsection 123SCM(8) of that Act, as
30
inserted by this Schedule, in relation to the new determination.
31
Schedule 1
Expanding access to the enhanced income management regime
Part 2
Application and transitional provisions
64
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
82 Transitional provisions
--exempt welfare payment
1
recipients
2
(1)
If the Secretary gives a person a transfer notice referred to in
3
paragraph 123SD(1B)(b) or (6)(b) of the
Social Security
4
(Administration) Act 1999
, a determination:
5
(a) made by the Secretary, under section 123UGB of that Act,
6
that the person is an exempt welfare payment recipient; and
7
(b) that is in force immediately before the transfer notice comes
8
into force;
9
has effect (and may be dealt with) in relation to the person at and after
10
the transfer notice comes into force as if it were made by the Secretary
11
under section 123SDB of that Act, as inserted by this Schedule.
12
(2)
If the Secretary gives a person a transfer notice referred to in
13
paragraph 123SD(1B)(b) or (6)(b) of the
Social Security
14
(Administration) Act 1999
, a determination:
15
(a) made by the Secretary, under section 123UGC of that Act,
16
that the person is an exempt welfare payment recipient; and
17
(b) that is in force immediately before the transfer notice comes
18
into force;
19
has effect (and may be dealt with) in relation to the person at and after
20
the transfer notice comes into force as if it were made by the Secretary
21
under section 123SDC of that Act, as inserted by this Schedule.
22
(3)
If the Secretary gives a person a transfer notice referred to in
23
paragraph 123SD(1B)(b) or (6)(b) of the
Social Security
24
(Administration) Act 1999
, a determination:
25
(a) made by the Secretary, under section 123UGD of that Act,
26
that the person is an exempt welfare payment recipient; and
27
(b) that is in force immediately before the transfer notice comes
28
into force;
29
has effect (and may be dealt with) in relation to the person at and after
30
the transfer notice comes into force as if it were made by the Secretary
31
under section 123SDD of that Act, as inserted by this Schedule.
32
Closing the income management regime to new entrants
Schedule 2
No. , 2023
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
65
Schedule 2--Closing the income management
1
regime to new entrants
2
3
Social Security (Administration) Act 1999
4
1 At the end of section 123UC
5
Add:
6
(3) A person is not subject to the income management regime under
7
this section on or after the day this subsection commences unless
8
the person was subject to the income management regime under
9
this section immediately before the start of that day.
10
2 At the end of section 123UCA
11
Add:
12
(6) A person is not subject to the income management regime under
13
this section on or after the day this subsection commences unless
14
the person was subject to the income management regime under
15
this section immediately before the start of that day.
16
3 At the end of section 123UCB
17
Add:
18
(7) A person is not subject to the income management regime under
19
this section on or after the day this subsection commences unless
20
the person was subject to the income management regime under
21
this section immediately before the start of that day.
22
4 At the end of section 123UCC
23
Add:
24
(7) A person is not subject to the income management regime under
25
this section on or after the day this subsection commences unless
26
the person was subject to the income management regime under
27
this section immediately before the start of that day.
28
Schedule 2
Closing the income management regime to new entrants
66
Social Security (Administration) Amendment (Income Management
Reform) Bill 2023
No. , 2023
5 At the end of section 123UFAA
1
Add:
2
(5) A person is not subject to the income management regime under
3
this section on or after the day this subsection commences unless
4
the person was subject to the income management regime under
5
this section immediately before the start of that day.
6
6 Section 123UFA
7
Before "For", insert "(1)".
8
7 At the end of section 123UFA
9
Add:
10
(2) A person is not subject to the income management regime under
11
this section on or after the day this subsection commences unless
12
the person was subject to the income management regime under
13
this section immediately before the start of that day.
14