Document ID: chunk:federal_register_of_legislation:F2023L01172:reg:8:p1
Version: federal_register_of_legislation:F2023L01172
Segment Type: reg
Provision Reference: reg 8 (pt 1/3)
Character Range: 12255–14967

8  Persons who are vulnerable youth or have been released from gaol or psychiatric confinement

Secretary required to make a determination
 (1) The Secretary must make a determination under subsection 123SCM(1) of the Act in relation to a person if:
 (a) the person is aged under 16 and is receiving special benefit; or
 (b) the person is aged 16 or over but under 22 and is receiving:
 (i) youth allowance; or
 (ii) disability support pension; or
 (iii) a payment under the ABSTUDY Scheme;
  at a rate worked out on the basis that the person is independent because of subsection 1067A(9) of the Social Security Act 1991; or
 (c) the person is aged under 25 and has, within the last 13 weeks, received a crisis payment because of being qualified for the payment under section 1061JG of that Act (about release from gaol or psychiatric confinement).
 (2) However, the Secretary is not required to make that determination in relation to the person if the Secretary is satisfied that:
 (a) being subject to the enhanced income management regime under section 123SCL of the Act would place the person's mental, physical or emotional wellbeing at risk, including that the person:
 (i) is not able to meaningfully engage in the enhanced income management process due to mental health issues; or
 (ii) does not have the capacity to comprehend the operation of enhanced income management; or
 (iii) is experiencing serious instability in the person's housing or living situation and enhanced income management would affect the person's ability to direct funds to housing; or
 (b) the person is undertaking full‑time study or is an apprentice; or
 (c) within at least 4 of the last 6 fortnights, the person has received less than 25% (other than because a compliance penalty period applied to the person) of:
 (i) the maximum basic rate of youth allowance or disability support pension or the maximum fortnightly rate of a payment made under the ABSTUDY Scheme; or
 (ii) the equivalent rate of special benefit; or
 (iii) if the person has received crisis payment—the maximum basic rate of the social security pension or social security benefit payable to the person under section 1061JU of the Social Security Act 1991; or
 (d) the person is subject to the enhanced income management regime under section 123SE of the Act (about volunteers); or
 (e) all of the following apply:
 (i) the person meets the criteria in paragraph (1)(a) or (b);
 (ii) one or more determinations under subsection 123SCM(1) of the Act have previously been made in relation to the person because the person met the criteria in paragraph (1)(a) or (b) of this subsection;
 (iii) the earliest such determination came into force more than 12 months