Document ID: chunk:federal_register_of_legislation:C2023A00047:clause:1_123scb:p1
Version: federal_register_of_legislation:C2023A00047
Segment Type: clause
Provision Reference: sch 1 cl 123SCB (pt 1/2)
Character Range: 15694–18378

123SCB  Persons subject to the enhanced income management regime—school enrolment

Person who has a child who is not enrolled at school
 (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, the person, or the person's partner, has an eligible care child; and
 (c) under a law of a State or Territory, the eligible care child is required to be enrolled at school; and
 (d) the Secretary is satisfied that it is appropriate for the eligible care child to be enrolled at:
 (i) a primary school in a declared primary school area; or
 (ii) a secondary school in a declared secondary school area; and
 (e) at the test time, the eligible care child is not enrolled at:
 (i) if subparagraph (d)(i) applies—a primary school in the declared primary school area; or
 (ii) if subparagraph (d)(ii) applies—a secondary school in the declared secondary school area; and
 (f) 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
 (g) at the test time, the person is not subject to the enhanced income management regime under section 123SC or 123SCA; and
 (h) at the test time, a determination under subsection (2) is not in force in relation to the person; and
 (i) 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)(i).

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 test time, the person is not subject to the enhanced income management regime under any other provision of this Division; and
 (b) at the test time, the person has a Part 3B payment nominee; and
 (c) at the test time,