Section 123SCC — Social Security (Administration) Act 1999: Persons subject to the enhanced income management regime—school attendance

Person who has a child with unsatisfactory school attendance (1) For the purposes of this Part, a person is subject to the enhanced 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 A 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 123SCI; 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 Part 3B payment nominee—that nominee is subject to the enhanced income management regime or is subject to the income management regime (within the meaning of Part 3B); and (j) at the test time, the person is not subject to the enhanced income management regime under section 123SC or 123SCA; 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 determination under subsection (6) are satisfied. Individual determinations (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 determination under subsection (4). (4) The Minister may, by legislative instrument, determine principles for the purposes of subsection (3). (5) A determination under subsection (2) is not a legislative instrument. Minister’s determination of conditions (6) The Minister may, by legislative instrument, determine conditions for the purposes of paragraph (1)(l). Person who has a Part 3B payment nominee subject to enhanced income management (7) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if: (a) at the test time, the person is not subject to the enhanced income management regime under any other provision of this Division; 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 enhanced income management regime under subsection (1).