Document ID: chunk:federal_register_of_legislation:C2013C00538:clause:4_123um
Version: federal_register_of_legislation:C2013C00538
Segment Type: clause
Provision Reference: sch 4 cl 123UM
Character Range: 35948–37756

123UM  Voluntary income management agreement
 (1) A person may enter into a written agreement with the Secretary under which the person agrees voluntarily to be subject to the income management regime throughout the period when the agreement is in force.
 (2) An agreement under subsection (1) is to be known as a voluntary income management agreement.
 (3) The Secretary must not enter into a voluntary income management agreement with a person (the first person) unless:
 (a) the first person is an eligible recipient of a category H welfare payment; and
 (b) the first person's usual place of residence is within a declared voluntary income management area; and
 (c) if the first person has a payment nominee—the payment nominee is not an excluded payment nominee; and
 (d) if the first person is a payment nominee in relation to another person—a consent given by the other person is in force under section 123UP in relation to the first person.
 (4) In deciding whether to enter into a voluntary income management agreement with a person, the Secretary must have regard to:
 (a) the extent to which it would be feasible for the Secretary to take action under Division 6 in relation to the person if the person were subject to the income management regime; and
 (b) such other matters (if any) as the Secretary considers relevant.
 (5) The Secretary must not enter into a voluntary income management agreement with a person if:
 (a) the person is subject to the income management regime under section 123UB, 123UC, 123UD, 123UE or 123UF; or
 (b) during the 12‑month period ending when the voluntary income management agreement is to come into force, there were 2 or more occasions on which previous voluntary income management agreements relating to the person were terminated under subsection 123UO(2).