sec.87Commission may decide to take proposed action

sec.87 Commission may decide to take proposed action

This section applies if— there are no accepted representations for the show cause notice; or after considering the accepted representations for the show cause notice, the commission reasonably believes it is appropriate to take the proposed action stated in the notice— to help the person engage in socially responsible standards of behaviour; or to help restore local authority in a welfare reform community area. The commission may— if the proposed action was to increase the period for which the person will be subject to income management—give the secretary a notice to increase the period for not longer than the proposed period stated in the show cause notice; or if the proposed action was to increase the proportion of the person’s welfare payment that is required to be deducted under income management—give the secretary a notice to increase the proportion by not more than the proposed increase stated in the show cause notice; or if the proposed action was to give the secretary a notice requiring that the person be subject to income management—give the secretary a notice requiring that the person be subject to income management for at least 3 months but not more than 1 year. If the commission decides to take action under subsection (2) , the commission must as soon as practicable give the person notice of the decision. The notice must state all the following— the decision and the reasons for it; for a decision mentioned in subsection (2) (a) —the period for which the person will be subject to income management; for a decision mentioned in subsection (2) (b) —the proportion of the person’s welfare payments that is required to be deducted under income management; for a decision mentioned in subsection (2) (c) — the period, of at least 3 months but not more than 1 year, the person will be subject to income management; and the proportion of the person’s welfare payments that is required to be deducted under income management. The notice must be accompanied by an appeal notice for the decision. A decision to increase the proportion of a person’s welfare payment that is required to be deducted under income management takes effect on the day the secretary, after receiving notice of the decision, acts under the Social Security Administration Act to give effect to the decision. s 87 amd 2011 No. 35 s 12 ; 2015 No. 30 s 2 sch 1 (sec.87-ssec.1) This section applies if— there are no accepted representations for the show cause notice; or after considering the accepted representations for the show cause notice, the commission reasonably believes it is appropriate to take the proposed action stated in the notice— to help the person engage in socially responsible standards of behaviour; or to help restore local authority in a welfare reform community area. (sec.87-ssec.2) The commission may— if the proposed action was to increase the period for which the person will be subject to income management—give the secretary a notice to increase the period for not longer than the proposed period stated in the show cause notice; or if the proposed action was to increase the proportion of the person’s welfare payment that is required to be deducted under income management—give the secretary a notice to increase the proportion by not more than the proposed increase stated in the show cause notice; or if the proposed action was to give the secretary a notice requiring that the person be subject to income management—give the secretary a notice requiring that the person be subject to income management for at least 3 months but not more than 1 year. (sec.87-ssec.4) If the commission decides to take action under subsection (2) , the commission must as soon as practicable give the person notice of the decision. (sec.87-ssec.5) The notice must state all the following— the decision and the reasons for it; for a decision mentioned in subsection (2) (a) —the period for which the person will be subject to income management; for a decision mentioned in subsection (2) (b) —the proportion of the person’s welfare payments that is required to be deducted under income management; for a decision mentioned in subsection (2) (c) — the period, of at least 3 months but not more than 1 year, the person will be subject to income management; and the proportion of the person’s welfare payments that is required to be deducted under income management. (sec.87-ssec.6) The notice must be accompanied by an appeal notice for the decision. (sec.87-ssec.7) A decision to increase the proportion of a person’s welfare payment that is required to be deducted under income management takes effect on the day the secretary, after receiving notice of the decision, acts under the Social Security Administration Act to give effect to the decision.