Document ID: chunk:federal_register_of_legislation:C2024C00458:section:123uca
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 123UCA
Character Range: 566485–568573

123UCA  Persons subject to the income management regime—vulnerable welfare payment recipients
 (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 is an eligible recipient of a category H welfare payment; and
 (b) at the test time, the person's usual place of residence is within a State, a Territory or an area specified in an instrument under subsection (3); and
 (c) at the test time, the person is a vulnerable welfare payment recipient; and
 (d) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and
 (e) at the test time, the person is not subject to the income management regime under section 123UC, 123UD, 123UE, 123UF or 123UFAA.
 (2) If:
 (a) a person is subject to the income management regime under subsection (1); and
 (b) paragraph (1)(b) ceases to apply in relation to the person; and
 (c) at the time of that cessation, paragraphs (1)(a), (c), (d) and (e) apply in relation to the person;
then the person remains subject to the income management regime under subsection (1) until paragraph (1)(a), (c), (d) or (e) ceases to apply in relation to the person.
 (3) The Minister may, by legislative instrument, specify a State, a Territory or an area for the purposes of this section.
 (5) If:
 (a) a person was a program participant under section 124PGE on the day before the closure day; and
 (b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;
then, despite subsection (1) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.
 (6) A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.