Commonwealth Consolidated Acts

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 123UC

             (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)  before the test time, a child protection officer of a State or Territory gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and

                     (c)  the notice was given:

                              (i)  under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or

                             (ii)  in the exercise of the executive power of a State or Territory; and

                     (d)  at the test time, the notice had not been withdrawn or revoked; and

                     (e)  at the test time, the State or Territory is a declared child protection State or Territory; and

                      (f)  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

             (g)  at the test time, the person is not subject to the income management regime under section 123UF.

             (2)  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).