Document ID: chunk:federal_register_of_legislation:C2011C00056:clause:1_123ub:p1
Version: federal_register_of_legislation:C2011C00056
Segment Type: clause
Provision Reference: sch 1 cl 123UB (pt 1/2)
Character Range: 31588–34178

123UB  Persons subject to the income management regime—relevant Northern Territory area

 (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 A welfare payment; and
 (b) the person was physically present overnight in a relevant Northern Territory area at any time during the period:
 (i) beginning at the start of 21 June 2007; and
 (ii) ending at the end of the most recent instalment period in relation to the category A welfare payment or payments; and
 (c) at the test time, the relevant Northern Territory area is a declared relevant Northern Territory area; and
 (d) at the test time, the person is not an exempt Northern Territory person in relation to the relevant Northern Territory area (see section 123UG); and
 (e) if, at the test time, the person has a payment nominee—the payment nominee is not an excluded payment nominee; and
 (f) at the test time, the person is not subject to the income management regime under section 123UC, 123UD, 123UE or 123UF; and
 (g) the test time occurs in the 5‑year period that began at the commencement of this section.

 (2) 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, neither the person, nor the person's partner, is an eligible recipient of a category A welfare payment; and
 (b) at the test time, the person, or the person's partner, is an eligible recipient of a category D welfare payment; and
 (c) the person, or the person's partner, is entitled to be paid family tax benefit under the Family Assistance Act; and
 (d) the person was physically present overnight in a relevant Northern Territory area at any time during the period:
 (i) beginning at the start of 21 June 2007; and
 (ii) ending at the end of the most recent instalment period in relation to the category D welfare payment or payments; and
 (e) at the test time, the relevant Northern Territory area is a declared relevant Northern Territory area; and
 (f) at the test time, the person is not an exempt Northern Territory person in relation to the relevant Northern Territory area (see section 123UG); and
 (g) if, at the test time, the person has a payment nominee—the payment nominee is not an excluded payment nominee; and
 (h) at the test time, the person is not subject to the income management regime under section 123UC, 123UD, 123UE or 123UF; and
 (i) the test time occurs in the 5‑year