Document ID: chunk:federal_register_of_legislation:C2023A00047:clause:1_25
Version: federal_register_of_legislation:C2023A00047
Segment Type: clause
Provision Reference: sch 1 cl 25
Character Range: 39594–41222

25  After subsection 123SD(2)
Insert:
 (2A) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:
 (a) at the test time, the person is:
 (i) not subject to the enhanced income management regime under any other provision of this Division; and
 (ii) not subject to the income management regime (within the meaning of Part 3B); and
 (b) at the test time, the person has a Part 3B payment nominee; and
 (c) at the test time, the Part 3B payment nominee is:
 (i) subject to the enhanced income management regime under subsection (1); or
 (ii) subject to the income management regime under subsection 123UCB(1).
 (2B) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:
 (a) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and
 (b) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and
 (c) at the test time, the transfer notice is in force; and
 (d) at the test time, the person has a Part 3B payment nominee who is:
 (i) subject to the enhanced income management regime under subsection (1) of this section; or
 (ii) subject to the income management regime under subsection 123UCB(1); and
 (e) immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UCB(2).