SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 123YQ Miscellaneous action

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 123YQ

Scope

  (1)   This section applies if:

  (a)   a person (the first person ) is subject to the income management regime; and

  (b)   the first person's income management account has a credit balance.

Miscellaneous action

  (2)   The Secretary may, on behalf of the Commonwealth, take an action specified in a legislative instrument made by the Minister for the purposes of this subsection, so long as the non - administrative expenses paid by the Commonwealth in relation to the taking of the action do not exceed the credit balance of the first person's income management account.

Income Management Record to be debited

  (3)   If the Secretary takes action under subsection   (2), the Income Management Record is debited by an amount equal to the non - administrative expenses paid by the Commonwealth in relation to the taking of the action.

First person's income management account to be debited

  (4)   If the Secretary takes action under subsection   (2), the first person's income management account is debited by an amount equal to the non - administrative expenses paid by the Commonwealth in relation to the taking of the action.

Criteria

  (5)   The Secretary must not take action under subsection   (2) unless the Secretary is satisfied that the action:

  (a)   will benefit any or all of the following:

  (i)   the first person;

  (ii)   the first person's children (if any);

  (iii)   the first person's partner (if any);

  (iv)   any other dependants of the first person; and

  (b)   will not result in the acquisition of any excluded goods or excluded services.

Tax consequences

  (6)   If the Secretary takes action under subsection   (2), the taking of the action does not have consequences under the income tax law for:

  (a)   the first person; or

  (b)   any other person for whose benefit the action was taken.