Category B welfare payment to be split into qualified and unqualified portions
123SLA Category B welfare payment to be split into qualified and unqualified portions
Payments by instalments
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:
the percentage of the gross amount of the payment that is qualified (the qualified portion) is:
100%, unless subparagraph (ii) applies; or
if a lower percentage is determined by the Minister under subsection (2) of this section—the lower percentage; and
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).
The percentage may be varied under subsection (7).
The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (1)(a)(ii).
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
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:
the percentage of the gross amount of the payment that is qualified (the qualified portion) is:
100%, unless subparagraph (ii) applies; or
if a lower percentage is determined by the Minister under subsection (5) of this section—the lower percentage; and
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).
The percentage may be varied under subsection (7).
The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (4)(a)(ii).
An instrument made under subsection (5) may determine different percentages in relation to different kinds of category B welfare payments.
Variation by Secretary
For a person who is subject to the enhanced income management regime under section 123SCA, the Secretary may make a determination that:
varies the percentage applicable under paragraph (1)(a) to 0%; and
varies the percentage applicable under paragraph (1)(b) to 100%; and
varies the percentage applicable under paragraph (4)(a) to 0%; and
varies the percentage applicable under paragraph (4)(b) to 100%.
The Secretary may make a determination under subsection (7) only if:
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:
a technological fault or malfunction with that card or account; or
a natural disaster; or
if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or
the person’s category B welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable:
at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or
under a determination under subsection 51(1).
A determination made under subsection (7) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).
A determination made under subsection (7) is not a legislative instrument.
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