Section 123YP — Social Security (Administration) Act 1999: Unrestricted direct payment—Part 3B payment nominee

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; and (c) the first person has a Part 3B payment nominee. Direct payment (2) The Secretary may, on behalf of the Commonwealth: (a) pay an amount to the credit of a bank account held by the Part 3B payment nominee (whether alone or jointly or in common with another person); or (b) with the consent of the Part 3B payment nominee, pay an amount to the credit of a bank account held by a third person (whether alone or jointly or in common with another person); or (c) pay an amount to the Part 3B payment nominee by way of a cheque; or (d) with the consent of the Part 3B payment nominee, pay an amount to a third person by way of a cheque; or (e) pay an amount to the Part 3B payment nominee by way of cash; or (f) with the consent of the Part 3B payment nominee, pay an amount to a third person by way of cash; or (g) give the Part 3B payment nominee a stored value card that enables the Part 3B payment nominee to withdraw cash; or (h) with the consent of the Part 3B payment nominee, give the first person a stored value card that enables the first person to withdraw cash; so long as: (i) if paragraph (a), (b), (c), (d), (e) or (f) applies—the amount paid does not exceed the credit balance of the first person’s income management account; or (j) if paragraph (g) or (h) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account. (3) In deciding whether to take action under subsection (2), the Secretary must have regard to: (a) such matters (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and (b) such other matters (if any) as the Secretary considers relevant. Income Management Record to be debited (4) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the Income Management Record is debited by an amount equal to the amount paid. (5) If, under paragraph (2)(g) or (h), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card. First person’s income management account to be debited (6) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the first person’s income management account is debited by an amount equal to the amount paid. (7) If, under paragraph (2)(g) or (h), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card. Tax consequences (8) If the Secretary makes a payment under paragraph (2)(a), (c) or (e), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person. (9) If the Secretary makes a payment under paragraph (2)(b), (d) or (f), the payment does not have consequences under the income tax law for the Part 3B payment nominee, the first person or the third person. (10) If, under paragraph (2)(g) or (h), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the giving of the card does not have consequences under the income tax law for the Part 3B payment nominee or the first person.