Document ID: chunk:federal_register_of_legislation:C2024C00458:section:123ud:p1
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 123UD (pt 1/2)
Character Range: 574752–577334

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 Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B 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 Part 3B payment nominee; and
 (c) at the test time, the Part 3B payment nominee is subject to the income management regime under subsection (1).
 (4B) 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 subsections (1) and (4) of this section, the