Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 (39 of 2022)
Schedule 1 Amendments
Part 1B Stage 1B amendments
Social Security (Administration) Act 1999
48L Before section 123SI
Insert:
123SE Persons subject to the enhanced income management regime - volunteers
(1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time on or after 6 March 2023 if:
(a) at that time, a voluntary enhanced income management agreement is in force in relation to the person; or
(b) immediately before 6 March 2023, the person was a voluntary participant under section 124PH.
Cessation - former section 124PH voluntary participants
(2) If paragraph (1)(b) applies to a person, the person may make a request to the Secretary to cease to be subject to the enhanced income management regime under this section. The request cannot be withdrawn or revoked.
(3) If the person does so, the Secretary must give the person a notice stating that the person ceases to be subject to the enhanced income management regime under this section. The notice comes into force on a day specified in the notice (which must be no later than 7 days after the day on which the request was made).
(4) A notice under subsection (3) has effect accordingly.
(5) A notice under subsection (3) is not a legislative instrument.
(6) Subsection (3) does not prevent paragraph (1)(a) applying in relation to the person at a later time.
123SF Voluntary enhanced income management agreement
(1) A person may enter into a written agreement with the Secretary under which the person agrees voluntarily to be subject to the enhanced income management regime throughout the period when the agreement is in force.
(2) An agreement under subsection (1) is to be known as a voluntary enhanced income management agreement .
(3) The Secretary must not enter into a voluntary enhancedincome management agreement with a person unless:
(a) the person is an eligible recipient of a category F welfare payment; and
(b) the person's usual place of residence is within the Ceduna area, the East Kimberley area, the Goldfields area or the Bundaberg and Hervey Bay area; and
(c) if 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).
(4) The Secretary must not enter into a voluntary enhanced income management agreement with a person if:
(a) the person is subject to the income management regime under Part 3B; or
(b) during the 12-month period ending when the voluntary enhanced income management agreement is to come into force, there were 4 occasions on which previous voluntary enhanced income management agreements relating to the person were terminated under subsection 123SH(3).
123SG Duration of voluntary enhanced income management agreement
(1) A voluntary enhanced income management agreement in relation to a person:
(a) comes into force at the time specified in the agreement, so long as:
(i) at that time, the person is an eligible recipient of a category F welfare payment; and
(ii) at that time, the person's usual place of residence is within the Ceduna area, the East Kimberley area, the Goldfields area or the Bundaberg and Hervey Bay area; and
(iii) if, at that 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
(iv) at that time, the person is not subject to the income management regime under Part 3B; and
(b) remains in force until:
(i) it is terminated under section 123SH, unless subparagraph (ii) applies; or
(ii) if the agreement specifies a period (which must be at least 13 weeks) during which it is to remain in force, and the agreement has not been terminated under section 123SH before the end of that period - the end of that period.
(2) If a voluntary enhanced income management agreement (the original agreement ) in relation to a person is in force, subsection (1) does not prevent the Secretary from entering into a new voluntary enhanced income management agreement with the person, so long as the new agreement is expressed to come into force immediately after the original agreement ceases to be in force.
(3) If a voluntary enhanced income management agreement in relation to a person has ceased to be in force, subsection (1) does not prevent the Secretary from entering into a new voluntary enhanced income management agreement with the person.
123SH Termination of voluntary enhanced income management agreement
Termination by request
(1) If a voluntary enhanced income management agreement in relation to a person is in force, the person may, by written notice given to the Secretary, request the Secretary to terminate the agreement.
(2) However, a person may make a request under subsection (1) only if the agreement has been in force for at least 13 weeks.
(3) The Secretary must comply with a request made in accordance with subsections (1) and (2) by terminating the agreement as soon as practicable after receiving the request.
Other grounds for termination
(4) If:
(a) a voluntary enhanced income management agreement in relation to a person is in force; and
(b) either of the following events occurs:
(i) the person ceases to be an eligible recipient of a category F welfare payment;
(ii) in a case where the person has a Part 3B payment nominee - that nominee ceases to be subject to the enhanced income management regime or ceases to be subject to the income management regime (within the meaning of Part 3B);
the Secretary must terminate the agreement as soon as practicable after the occurrence of the event.
Limit on new voluntary enhanced income management agreements
(5) If a voluntary enhanced income management agreement in relation to a person is terminated under this section, the Secretary must not enter into another voluntary enhanced income management agreement with the person within 21 days after the termination.