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

at the test time, the person, or the person’s partner, has an eligible care child; and

under a law of a State or Territory, the eligible care child is required to be enrolled at school; and

the Secretary is satisfied that it is appropriate for the eligible care child to be enrolled at:

a primary school in a declared primary school area; or

a secondary school in a declared secondary school area; and

at the test time, the eligible care child is not enrolled at:

if subparagraph (d)(i) applies—a primary school in the declared primary school area; or

if subparagraph (d)(ii) applies—a secondary school in the declared secondary school area; 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 123UC or 123UF; 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 legislative instrument made by the Minister for the purposes of this paragraph 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 legislative instrument made by the Minister for the purposes of this subsection.

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).

If:

a person was a program participant under section 124PGE on the day before the closure day; and

on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;

If a person, or the person’s partner, has an eligible care child, the Secretary may, by written notice given to the person, request the person to give the Secretary, within a period (the compliance period) specified in the notice, documentary evidence of the eligible care child’s enrolment at a school during a specified applicable school period.

A notice under subsection (5) must set out the effect of subsection (9).

The compliance period specified in a notice under subsection (5) must not be shorter than 7 days.

The Secretary may extend the compliance period specified in a notice under subsection (5).

If:

a person is given a notice under subsection (5); and

the person does not comply with the notice;

This Part does not prevent a notice from being characterised as:

a notice under subsection (5); and

a notice under another provision of a law of the Commonwealth.