Document ID: chunk:federal_register_of_legislation:C2024C00458:section:123slg:p1
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 123SLG (pt 1/2)
Character Range: 512243–515178

123SLG  Category B welfare payment to be split into qualified and unqualified portions

Payments by instalments
 (1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCJ:
 (a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:
 (i) 70%, unless subparagraph (ii) applies; or
 (ii) if another percentage is determined by the Minister under subsection (2) of this section—the other percentage; and
 (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).
Note: The percentage may be varied under subsection (7).
 (2) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (1)(a)(ii).
 (3) An instrument made under subsection (2) may determine different percentages depending on one or more of the following:
 (a) the different kinds of category B welfare payments payable to persons subject to the enhanced income management regime under section 123SCJ;
 (b) the usual place of residence of those persons;
 (c) the recognised State/Territory authority.

Payments otherwise than by instalments
 (4) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SCJ:
 (a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:
 (i) 100%, unless subparagraph (ii) applies; or
 (ii) if a lower percentage is determined by the Minister under subsection (5) of this section—the lower percentage; and
 (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).
Note: The percentage may be varied under subsection (7).
 (5) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (4)(a)(ii).
 (6) An instrument made under subsection (5) may determine different percentages depending on one or more of the following:
 (a) the different kinds of category B welfare payments payable to persons subject to the enhanced income management regime under section 123SCJ;
 (b) the usual place of residence of those persons;
 (c) the recognised State/Territory authority.

Variation by Secretary
 (7) For a person who is subject to the enhanced income management regime under section 123SCJ, the Secretary may make a determination that:
 (a) varies the percentage applicable under paragraph (1)(a) to 0%; and
 (b) varies the percentage applicable under paragraph (1)(b) to 100%; and
 (c) varies the percentage applicable under paragraph (4)(a) to 0%; and
 (d) varies the percentage applicable under paragraph (4)(b)