Commonwealth Consolidated Acts

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 123UE

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

                     (a)  at the test time, the person, or the person's partner, is an eligible recipient of a category H welfare payment; and

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

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

                              (i)  the person; or

                             (ii)  the person's partner; and

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

                     (e)  if the school is a primary school--at the test time, the school is in a declared primary school area; and

                      (f)  if the school is a secondary school--at the test time, the school is in a declared secondary school area; and

                     (g)  before the test time, the person, or the person's partner, had been given a formal warning under section 123UL; and

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

                              (i)  beginning when the formal warning was given; and

                             (ii)  ending at the test time; and

                      (i)  if, at the test time, the person has a payment nominee--the payment nominee is not an excluded payment nominee; and

              (j)  at the test time, the person is not subject to the income management regime under section 123UC or 123UF; and

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

                      (l)  such other conditions (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph are satisfied.

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

             (3)  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.

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

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

                     (b)  at the test time, the person has a payment nominee; and

                     (c)  at the test time, the payment nominee is subject to the income management regime under subsection (1).