Document ID: chunk:federal_register_of_legislation:C2023A00047:clause:1_123scc:p1
Version: federal_register_of_legislation:C2023A00047
Segment Type: clause
Provision Reference: sch 1 cl 123SCC (pt 1/2)
Character Range: 19447–22144

123SCC  Persons subject to the enhanced income management regime—school attendance

Person who has a child with unsatisfactory school attendance
 (1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:
 (a) at the test time, the person, or the person's partner, is an eligible recipient of a category A welfare payment; and
 (b) at the test time, an unsatisfactory school attendance situation exists in relation to a child; and
 (c) throughout a period that ended before the unsatisfactory school attendance situation came into existence, the child was an eligible care child of:
 (i) the person; or
 (ii) the person's partner; and
 (d) at the test time, the child is enrolled at a school; and
 (e) if the school is a primary school—at the test time, the school is in a declared primary school area; and
 (f) if the school is a secondary school—at the test time, the school is in a declared secondary school area; and
 (g) before the test time, the person, or the person's partner, had been given a formal warning under section 123SCI; and
 (h) the whole or a part of an applicable school period in relation to the child occurred in the period:
 (i) beginning when the formal warning was given; and
 (ii) ending at the test time; and
 (i) if, at the test time, the person has a Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and
 (j) at the test time, the person is not subject to the enhanced income management regime under section 123SC or 123SCA; and
 (k) at the test time, a determination under subsection (2) is not in force in relation to the person; and
 (l) such other conditions (if any) as are specified in a determination under subsection (6) are satisfied.

Individual determinations
 (2) The Secretary may, by writing, determine that a person is exempt from subsection (1).
 (3) In making a determination under subsection (2), the Secretary must comply with any principles set out in a determination under subsection (4).
 (4) The Minister may, by legislative instrument, determine principles for the purposes of subsection (3).
 (5) A determination under subsection (2) is not a legislative instrument.

Minister's determination of conditions
 (6) The Minister may, by legislative instrument, determine conditions for the purposes of paragraph (1)(l).

Person who has a Part 3B payment nominee subject to enhanced income management
 (7) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:
 (a) at the