Document ID: chunk:federal_register_of_legislation:F2023L01172:reg:8:p2
Version: federal_register_of_legislation:F2023L01172
Segment Type: reg
Provision Reference: reg 8 (pt 2/3)
Character Range: 14726–17493

subsection 123SCM(1) of the Act have previously been made in relation to the person because the person met the criteria in paragraph (1)(a) or (b) of this subsection;
 (iii) the earliest such determination came into force more than 12 months ago.

Matters to consider in deciding whether to revoke a determination
 (3) In deciding whether to revoke a determination made under subsection 123SCM(1) of the Act in relation to a person because of subsection (1) of this section, the Secretary must consider the following matters and no other matters:
 (a) whether the person continues to meet the criteria in paragraph (1)(a), (b) or (c) of this section;
 (b) whether remaining subject to the enhanced income management regime under section 123SCL of the Act will place the person's mental, physical or emotional wellbeing at risk, including that the person:
 (i) is not able to meaningfully engage in the enhanced income management process due to mental health issues; or
 (ii) does not have the capacity to comprehend the operation of enhanced income management; or
 (iii) is experiencing serious instability in the person's housing or living situation and enhanced income management will affect the person's ability to direct funds to housing;
 (c) whether the person is undertaking full‑time study or is an apprentice;
 (d) whether within at least 4 of the last 6 fortnights, the person has received less than 25% (other than because a compliance penalty period applied to the person) of:
 (i) the maximum basic rate of youth allowance or disability support pension or the maximum fortnightly rate of a payment made under the ABSTUDY Scheme; or
 (ii) the equivalent rate of special benefit; or
 (iii) if the person has received crisis payment—the maximum basic rate of the social security pension or social security benefit payable to the person under section 1061JU of the Social Security Act 1991;
 (e) if the person has been subject to a determination under subsection 123SCM(1) of the Act, because of subsection (1) of this section, for a period or periods totalling at least 12 months—whether the person:
 (i) has successfully engaged in a supportive relationship that provided mentoring, coaching or case management that included a transition to independence and is likely to continue doing so such that the person does not need to remain subject to the enhanced income management regime; or
 (ii) has demonstrated the skills and ability to manage the person's money and to live independently and is likely to continue doing so such that the person does not need to remain subject to the enhanced income management regime.

Part 3—Disengaged youth and long‑term welfare payment recipients

Division 1—Exempt welfare payment recipients—specified class of persons