SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 123UF Persons subject to the income management regime--Queensland Commission

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 123UF

  (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 P welfare payment; and

  (b)   before the test time, the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and

  (c)   the notice was given under a law of Queensland; and

  (d)   the notice was not given in such circumstances (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and

  (e)   at the test time, the notice had not been withdrawn or revoked; and

  (f)   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

  (g)   the test time occurs before 1   January 2022.

  (2)   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, neither the person, nor the person's partner, is an eligible recipient of a category P welfare payment; and

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

  (c)   before the test time, the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and

  (d)   the notice was given under a law of Queensland; and

  (e)   the notice was not given in such circumstances (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and

  (f)   at the test time, the notice had not been withdrawn or revoked; and

  (g)   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

  (h)   the test time occurs before 1   January 2022.

  (3)   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 Part   3B payment nominee; and

  (c)   at the test time, the Part   3B payment nominee is subject to the income management regime under subsection   (1) or (2).

Relationship with Part   3D

  (4)   If a person becomes a program participant under section   124PGD on a day (the trigger day ), the following apply:

  (a)   despite any other provision of this Part, the Secretary may, on a day (the transfer day ) before the end of 60 days beginning on the trigger day, pay, to the credit of a welfare restricted bank account (within the meaning of Part   3D) maintained by the person, an amount equal to the credit balance (if any) of the person's income management account as at the end of the day before the transfer day;

  (b)   immediately after any such payment:

  (i)   the Income Management Record is debited by an amount equal to the payment; and

  (ii)   the person's income management account is debited by an amount equal to the payment;

  (c)   if the person is subject to the income management regime under subsection   (1) on the day before the trigger day--the person ceases to be subject to the income management regime under subsection   (1) on the trigger day.