Section 123SLG — Social Security (Administration) Act 1999: Category B welfare payment to be split into qualified and unqualified portions

Payments by instalments (1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCJ: (a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is: (i) 70%, unless subparagraph (ii) applies; or (ii) if another percentage is determined by the Minister under subsection (2) of this section—the other percentage; and (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a). Note: The percentage may be varied under subsection (7). (2) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (1)(a)(ii). (3) An instrument made under subsection (2) may determine different percentages depending on one or more of the following: (a) the different kinds of category B welfare payments payable to persons subject to the enhanced income management regime under section 123SCJ; (b) the usual place of residence of those persons; (c) the recognised State/Territory authority. Payments otherwise than by instalments (4) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SCJ: (a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is: (i) 100%, unless subparagraph (ii) applies; or (ii) if a lower percentage is determined by the Minister under subsection (5) of this section—the lower percentage; and (b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a). Note: The percentage may be varied under subsection (7). (5) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (4)(a)(ii). (6) An instrument made under subsection (5) may determine different percentages depending on one or more of the following: (a) the different kinds of category B welfare payments payable to persons subject to the enhanced income management regime under section 123SCJ; (b) the usual place of residence of those persons; (c) the recognised State/Territory authority. Variation by Secretary (7) For a person who is subject to the enhanced income management regime under section 123SCJ, the Secretary may make a determination that: (a) varies the percentage applicable under paragraph (1)(a) to 0%; and (b) varies the percentage applicable under paragraph (1)(b) to 100%; and (c) varies the percentage applicable under paragraph (4)(a) to 0%; and (d) varies the percentage applicable under paragraph (4)(b) to 100%. (8) The Secretary may make a determination under subsection (7) only if: (a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s BasicsCard bank account, or is unable to access that account, as a direct result of: (i) a technological fault or malfunction with that card or account; or (ii) a natural disaster; or (iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or (b) the person’s category B welfare payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable: (i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or (ii) under a determination under subsection 51(1). (9) A determination made under subsection (7) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made). (10) A determination made under subsection (7) is not a legislative instrument.