Document ID: chunk:federal_register_of_legislation:C2024C00458:section:123sla:p1
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 123SLA (pt 1/2)
Character Range: 502619–505486

123SLA  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 123SCA:
 (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 (2) 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).
 (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 in relation to different kinds of category B welfare payments.

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 123SCA:
 (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 in relation to different kinds of category B welfare payments.

Variation by Secretary
 (7) For a person who is subject to the enhanced income management regime under section 123SCA, 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) to 100%.
 (8) The Secretary may make a determination under subsection (7) only if:
 (a) the Secretary is satisfied that the person is unable to use the person's debit card that was issued to the person and that is attached to the person's BasicsCard bank account, or is unable to access that account, as a direct result of:
 (i) a technological fault or malfunction with that card