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

(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 Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B 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 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). (6) If: (a) a person was a program participant under section 124PGE on the day before the closure day; and (b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person; then, despite subsections (1) and (4) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.