Document ID: chunk:federal_register_of_legislation:C2011C00056:clause:1_123ud:p1
Version: federal_register_of_legislation:C2011C00056
Segment Type: clause
Provision Reference: sch 1 cl 123UD (pt 1/2)
Character Range: 35825–38465

123UD  Persons subject to the income management regime—school enrolment

 (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:
 (a) at the test time, the person, or the person's partner, is an eligible recipient of a category H welfare payment; and
 (b) at the test time, the person, or the person's partner, has an eligible care child; and
 (c) under a law of a State or Territory, the eligible care child is required to be enrolled at school; and
 (d) the Secretary is satisfied that it is appropriate for the eligible care child to be enrolled at:
 (i) a primary school in a declared primary school area; or
 (ii) a secondary school in a declared secondary school area; and
 (e) at the test time, the eligible care child is not enrolled at:
 (i) if subparagraph (d)(i) applies—a primary school in the declared primary school area; or
 (ii) if subparagraph (d)(ii) applies—a secondary school in the declared secondary school area; and
 (f) if, at the test time, the person has a payment nominee—the payment nominee is not an excluded payment nominee; and
 (g) at the test time, the person is not subject to the income management regime under section 123UC or 123UF; and
 (h) at the test time, a determination under subsection (2) is not in force in relation to the person; and
 (i) such other conditions (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph are satisfied.

 (2) The Secretary may, by writing, determine that a person is exempt from subsection (1).

 (3) In making a determination under subsection (2), the Secretary must comply with any principles set out in a legislative instrument made by the Minister for the purposes of this subsection.

 (4) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if:
 (a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and
 (b) at the test time, the person has a payment nominee; and
 (c) at the test time, the payment nominee is subject to the income management regime under subsection (1).

Documentary evidence

 (5) If a person, or the person's partner, has an eligible care child, the Secretary may, by written notice given to the person, request the person to give the Secretary, within a period (the compliance period) specified in the notice, documentary evidence of the eligible care child's enrolment at a school during a specified applicable school period.

 (6) A notice under subsection (5) must