Document ID: chunk:federal_register_of_legislation:C2024C00458:section:123wj:p2
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 123WJ (pt 2/3)
Character Range: 614224–616771

Secretary must not make a determination under subsection (7) unless:
 (a) the lump sum is $200 or less; or
 (b) the Secretary is satisfied that there are special circumstances that warrant the making of the determination; or
 (c) immediately before the first person ceased to be subject to the income management regime, the first person was subject to the income management regime under section 123UFA.
 (10) If a lump sum is paid under subsection (7):
 (a) the Income Management Record is debited by an amount equal to the lump sum; and
 (b) the first person's income management account is debited by an amount equal to the lump sum.

Expense payment
 (11) The Secretary may, on behalf of the Commonwealth:
 (a) make a payment in discharge, in whole or in part, of an obligation of the first person to pay an amount to a third person; or
 (b) make a payment in discharge, in whole or in part, of an obligation of a third person to pay an amount to a fourth person;
so long as:
 (c) the payment is made with the consent of the first person; and
 (d) the amount paid by the Secretary does not exceed the residual amount.
 (12) The payment under subsection (11) must occur within the 12‑month period beginning when the person ceased to be subject to the income management regime.
 (13) If the Secretary makes a payment under subsection (11):
 (a) the Income Management Record is debited by an amount equal to the amount paid under subsection (11); and
 (b) the first person's income management account is debited by an amount equal to the amount paid under subsection (11); and
 (c) the Secretary is taken to have paid the first person so much of the residual amount as equals the amount paid under subsection (11).

Set‑off
 (14) If the first person owes an amount (the debt amount) to the Commonwealth, the Secretary may, with the consent of the first person, set off the whole or part of the residual amount against the whole or a part of the debt amount.
 (15) The set‑off under subsection (14) must occur within the 12‑month period beginning when the person ceased to be subject to the income management regime.
 (16) If the Secretary sets off an amount under subsection (14):
 (a) the Income Management Record is debited by an amount equal to the amount set off; and
 (b) the first person's income management account is debited by an amount equal to the amount set off; and
 (c) the Secretary is taken to have paid the first person so much of the residual amount as equals the amount set off.
 (16A) Subsection (14) is not limited by Chapter 5