Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority
123SCJ Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority
Person given notice by a recognised State/Territory authority
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
an officer or employee of a State/Territory authority gave the Secretary a written notice requiring that the person be subject to the enhanced income management regime under this section; and
the notice was given:
under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or
in the exercise of the executive power of a State or Territory; and
at the test time, the notice is in force; and
at the test time, the State/Territory authority is a recognised State/Territory authority; 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, 123SCA, 123SCB or 123SCC; and
subsection (2) or (3) of this section applies.
This subsection applies if, immediately before the test time, the person is not subject to the income management regime (within the meaning of Part 3B).
This subsection applies if:
before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and
before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and
at the test time, the transfer notice is in force; and
immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UFAA(1).
Paragraph (1)(b) is taken to be satisfied if, before, on or after the day this subsection commences, an officer or employee of a State/Territory authority gave the Secretary a written notice requiring that the person be subject to the income management regime under Part 3B.
Person who has a Part 3B payment nominee subject to any income management
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
not subject to the income management regime (within the meaning of Part 3B); 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); or
subject to the income management regime under subsection 123UFAA(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:
before the test time, the person made a request under subsection 123SIA(1) to transfer to the enhanced income management regime; and
before the test time, the Secretary gave the person a written notice (a transfer notice) under subsection 123SIA(2) stating that the person is eligible to transfer to the enhanced income management regime; and
at the test time, the transfer notice is in force; and
at the test time, the person has a Part 3B payment nominee who is:
subject to the enhanced income management regime under subsection (1) of this section; or
subject to the income management regime under subsection 123UFAA(1); and
immediately before the transfer notice comes into force, the person was subject to the income management regime under subsection 123UFAA(2).
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