Document ID: chunk:federal_register_of_legislation:C2011C00056:clause:1_123yp:p1
Version: federal_register_of_legislation:C2011C00056
Segment Type: clause
Provision Reference: sch 1 cl 123YP (pt 1/2)
Character Range: 119910–122503

123YP  Unrestricted direct payment—designated nominee

Scope

 (1) This section applies if:
 (a) a person (the first person) is subject to the income management regime; and
 (b) the first person's income management account has a credit balance; and
 (c) the first person has a designated nominee.

Direct payment

 (2) The Secretary may, on behalf of the Commonwealth:
 (a) pay an amount to the credit of a bank account held by the designated nominee (whether alone or jointly or in common with another person); or
 (b) with the consent of the designated nominee, pay an amount to the credit of a bank account held by a third person (whether alone or jointly or in common with another person); or
 (c) pay an amount to the designated nominee by way of a cheque; or
 (d) with the consent of the designated nominee, pay an amount to a third person by way of a cheque; or
 (e) pay an amount to the designated nominee by way of cash; or
 (f) with the consent of the designated nominee, pay an amount to a third person by way of cash; or
 (g) give the designated nominee a stored value card that enables the designated nominee to withdraw cash; or
 (h) with the consent of the designated nominee, give a third person a stored value card that enables the third person to withdraw cash;
so long as:
 (i) if paragraph (a), (b), (c), (d), (e) or (f) applies—the amount paid does not exceed the credit balance of the first person's income management account; or
 (j) if paragraph (g) or (h) applies—the monetary value stored on the card does not exceed the credit balance of the first person's income management account.

 (3) In deciding whether to take action under subsection (2), the Secretary must have regard to:
 (a) such matters (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and
 (b) such other matters (if any) as the Secretary considers relevant.

Special Account to be debited

 (4) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the Special Account is debited by an amount equal to the amount paid.

 (5) If, under paragraph (2)(g) or (h), the Secretary gives the designated nominee or a third person a stored value card, the Special Account is debited by an amount equal to the monetary value stored on the card.

First person's income management account to be debited

 (6) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the first person's income management account is debited by an amount equal to the amount paid.

 (7) If, under paragraph (2)(g)