Document ID: chunk:federal_register_of_legislation:C2018A00110:clause:1a_124pg
Version: federal_register_of_legislation:C2018A00110
Segment Type: clause
Provision Reference: sch 1A cl 124PG
Character Range: 5507–7374

124PG  Trial participants—Ceduna area
 (1) A person is a trial participant if:
 (a) the person's usual place of residence is, becomes or was within the Ceduna area; and
 (b) the person is receiving a trigger payment; and
 (c) the person has not reached pension age; and
 (d) the person does not have a Part 3B payment nominee (within the meaning of Part 3B); and
 (e) the person's payments (if any) under the scheme known as the ABSTUDY scheme that include an amount identified as living allowance are not being paid to another person; and
 (f) the person is not covered by a determination under subsection 43(3A); and
 (g) the person is not subject to the income management regime under section 123UC, 123UCB, 123UCC or 123UF; and
 (h) subsection (3) does not apply to the person; and
 (i) the person is not covered by a determination under subsection (4).
 (2) To avoid doubt, if a person's usual place of residence becomes within the Ceduna area and subsection (1) applies to the person, the person is a trial participant on and after the day that the person's usual place of residence becomes within that area.
 (3) This subsection applies to a person if:
 (a) the person is undertaking full‑time study (as defined by section 541B of the 1991 Act); and
 (b) while undertaking that study, the person is living outside the Ceduna area.
 (4) The Secretary must determine that a person is not a trial participant under this section if the Secretary is satisfied that being a trial participant under this section would pose a serious risk to the person's mental, physical or emotional wellbeing.
 (5) The Secretary is not required to inquire into whether a person being a trial participant under this section would pose a serious risk to the person's mental, physical or emotional wellbeing.
 (6) A determination under subsection (4) is not a legislative instrument.