Social Security (Administration) Act 1999

For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:

at the test time, the person, or the person’s partner, is an eligible recipient of a category A welfare payment; and

at the test time, an unsatisfactory school attendance situation exists in relation to a child; and

throughout a period that ended before the unsatisfactory school attendance situation came into existence, the child was an eligible care child of:

the person; or

the person’s partner; and

at the test time, the child is enrolled at a school; and

if the school is a primary school—at the test time, the school is in a declared primary school area; and

if the school is a secondary school—at the test time, the school is in a declared secondary school area; and

before the test time, the person, or the person’s partner, had been given a formal warning under section 123SCI; and

the whole or a part of an applicable school period in relation to the child occurred in the period:

beginning when the formal warning was given; and

ending at the test time; and

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

at the test time, the person is not subject to the enhanced income management regime under section 123SC or 123SCA; and

at the test time, a determination under subsection (2) is not in force in relation to the person; and

such other conditions (if any) as are specified in a determination under subsection (6) are satisfied.

The Secretary may, by writing, determine that a person is exempt from subsection (1).

In making a determination under subsection (2), the Secretary must comply with any principles set out in a determination under subsection (4).

The Minister may, by legislative instrument, determine principles for the purposes of subsection (3).

A determination under subsection (2) is not a legislative instrument.

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

For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if:

at the test time, the person is not subject to the enhanced income management regime under any other provision of this Division; and

at the test time, the person has a Part 3B payment nominee; and

at the test time, the Part 3B payment nominee is subject to the enhanced income management regime under subsection (1).