Document ID: chunk:federal_register_of_legislation:F2023L01172:reg:7:p1
Version: federal_register_of_legislation:F2023L01172
Segment Type: reg
Provision Reference: reg 7 (pt 1/2)
Character Range: 7714–10475

7  Usual case

Matters to consider in deciding whether to make a determination
 (1) In deciding whether to make a determination under subsection 123SCM(1) of the Act in relation to a person, the Secretary must consider the following matters:
 (a) whether the person is experiencing an indicator of vulnerability and, if so, whether being subject to the enhanced income management regime under section 123SCL of the Act would be an appropriate response to that indicator;
 (b) whether the person is applying appropriate resources to meet some or all of the person's relevant priority needs and whether being subject to the enhanced income management regime under that section would assist the person to apply appropriate resources to meet some or all of those needs.
Note: This section does not apply in relation to certain persons: see subsection (8).

Matters to consider in deciding whether to vary or revoke a determination
 (2) In deciding whether to vary or revoke a determination made under subsection 123SCM(1) of the Act in relation to a person, the Secretary must consider the following matters:
 (a) whether the person is likely to experience an indicator of vulnerability if the variation or revocation were made and whether being subject to the enhanced income management regime under section 123SCL of the Act is an appropriate response to that indicator;
 (b) whether the person is likely not to apply appropriate resources to meet some or all of the person's relevant priority needs if the variation or revocation were made and whether being subject to the enhanced income management regime under that section is assisting the person to apply appropriate resources to meet some or all of those needs.
Note: This section does not apply in relation to certain persons: see subsection (8).

Common rules
 (3) Subsection (1) or (2) does not limit the matters the Secretary may consider.
 (4) For the purposes of paragraph (1)(a) or (2)(a), in considering whether a person is experiencing an indicator of vulnerability, or is likely to experience an indicator of vulnerability, the Secretary may act on the basis of relevant documents and information in the Secretary's possession.
 (5) For the purposes of subsection (1) or (2), the Secretary may be satisfied that a person being subject to the enhanced income management regime under section 123SCL of the Act:
 (a) would be, or is, an appropriate response to an indicator of vulnerability; or
 (b) would assist, or is assisting, the person to meet some or all of the person's relevant priority needs;
even if the person is willing to enter, or has entered, into an enhanced voluntary income management agreement with the Secretary under section 123SF of the Act.
 (6) For the purposes of subsection