Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 (39 of 2022)

Schedule 1   Amendments

Part 1A   Stage 1A amendments

Social Security (Administration) Act 1999

48E   After Subdivision A of Division 3 of Part 3AA

Insert:

Subdivision B - Persons subject to the enhanced income management regime - Northern Territory

123SM Category D welfare payment to be split into qualified and unqualified portions

Payments by instalments

(1) If an instalment of a category D welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SD:

(a) the percentage of the gross amount of the payment that is qualified (the qualified portion ) is 50%; and

(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion ) is 50%.

Note: The percentage may be varied under subsection (3).

Payments otherwise than by instalments

(2) If a category D welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SD, 100% of the gross amount of the payment is qualified (the qualified portion ).

Note: The percentage may be varied under subsection (3).

Variation by Secretary

(3) For a person who is subject to the enhanced income management regime under section 123SD, 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 subsection (2) to 0%.

(4) The Secretary may make a determination under subsection (3) 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 D 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).

(5) A determination under subsection (3) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).

(6) A determination under subsection (3) is not a legislative instrument.

123SN Payment of balance of qualified portion of category D welfare payment

If a category D welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SD, the Secretary must pay the balance of the qualified portion of the payment to the credit of a BasicsCard bank account maintained by the person.

123SO Recipient's use of funds from category D welfare payments

A person who receives a category D welfare payment:

(a) may use the balance of the qualified portion of the payment, as paid under section 123SN, to obtain goods or services, other than:

(i) excluded goods or excluded services; or

(ii) a cash-like product that could be used to obtain excluded goods or excluded services; and

(b) may use the unqualified portion of the payment, as paid to the person, at the person's discretion.