Document ID: chunk:federal_register_of_legislation:C2024C00458:section:123scl
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 123SCL
Character Range: 465051–467694

123SCL  Persons subject to the enhanced income management regime—vulnerable welfare payment recipients

Person who is a vulnerable welfare payment recipient
 (1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:
 (a) at the test time, the person's usual place of residence is within a State, a Territory or an area specified in an instrument made under subsection (5); and
 (b) at the test time, a determination under section 123SCM that the person is a vulnerable welfare payment recipient is in force; and
 (c) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and
 (d) at the test time, the person is not subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC or 123SCJ; and
 (e) subsection (2) or (3) of this section applies.
 (2) This subsection applies if:
 (a) at the test time, the person is an eligible recipient of a category F welfare payment; and
 (b) immediately before the test time, the person is not subject to the income management regime (within the meaning of Part 3B).
 (3) This subsection applies if:
 (a) at the test time, the person is an eligible recipient of a category A welfare payment; and
 (b) before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and
 (c) before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and
 (d) at the test time, the transfer notice is in force; and
 (e) immediately before the transfer notice comes into force, the person was subject to the income management regime under section 123UCA.
 (4) If:
 (a) a person is subject to the enhanced income management regime under subsection (1); and
 (b) paragraph (1)(a) ceases to apply in relation to the person; and
 (c) at the time of that cessation, paragraphs (1)(b), (c) and (d) apply in relation to the person and paragraph (2)(a) or (3)(a) applies in relation to the person;
then the person remains subject to the enhanced income management regime under subsection (1) until paragraph (1)(b), (c) or (d) or (2)(a) or (3)(a) ceases to apply in relation to the person.

Determination
 (5) The Minister may, by legislative instrument, make a determination specifying a State, a Territory or an area for the purposes of paragraph (1)(a).