Document ID: chunk:federal_register_of_legislation:C2023A00047:clause:1_55
Version: federal_register_of_legislation:C2023A00047
Segment Type: clause
Provision Reference: sch 1 cl 55
Character Range: 79345–80676

55  Subsection 123SM(2)
Repeal the subsection, substitute:
 (1A) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (1)(a)(ii).
 (1B) An instrument made under subsection (1A) may determine different percentages in relation to different kinds of category D welfare payments.

Payments otherwise than by instalments
 (2) If a category D welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SD or 123SDA:
 (a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:
 (i) 100%, unless subparagraph (ii) applies; or
 (ii) if a lower percentage is determined by the Minister under subsection (2A) of this section—the lower percentage; and
 (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).
Note: The percentage may be varied under subsection (3).
 (2A) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (2)(a)(ii).
 (2B) An instrument made under subsection (2A) may determine different percentages in relation to different kinds of category D welfare payments.