Social Security (Administration) Act 1999

For the purposes of this Part, a person is subject to the 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 H welfare payment; and

before the test time, a child protection officer of a State or Territory gave the Secretary a written notice requiring that the person be subject to the 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at the test time, the notice had not been withdrawn or revoked; and

at the test time, the State or Territory is a declared child protection State or Territory; and

if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and

at the test time, the person is not subject to the income management regime under section 123UF; and

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

at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; 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 income management regime under subsection (1); or

subject to the enhanced income management regime under subsection 123SCA(1).

A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.