(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) any of the following events occur:
(i) the person ceases to be an eligible recipient of a category A 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);
(iii) the person becomes subject to the enhanced income management regime under section 123SC, 123SCA, 123SCB, 123SCC, 123SCJ, 123SCL, 123SD or 123SDA;
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.
Subdivision H—Relationship with other provisions
123SI Relationship with other provisions
(1) If a person is subject to the enhanced income management regime at a particular time, then the person cannot be subject to the income management regime under Part 3B at that time.
(2) If:
(a) a person was a program participant under section 124PGE immediately before the start of 1 October 2022; and
(b) on or after 1 October 2022 and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;
then, despite section 123SCB, 123SCC, 123SCJ, 123SCL, 123SD or 123SDA, the person cannot become subject to the enhanced income management regime under that section at any time after the making of that determination.
123SIA Requests to transfer from the income management regime
Person’s request
(1) A person who is subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC or 123UFAA may make a request to the Secretary to transfer to the enhanced income management regime. The request cannot be withdrawn or revoked.
Secretary’s notice
(2) If the person does so, the Secretary must give the person a written notice stating that the person is eligible to transfer to the enhanced income management regime.
(3) The notice comes into force on a day specified in the notice (which must be no later than 28 days after the day on which the request was made).
(4) The notice ceases to be in force immediately after the person first ceases to be subject to the enhanced income management regime.
(5) A notice under subsection (2) is not a legislative instrument.
Division 3—Portioning of welfare payments
Subdivision A—Persons subject to the enhanced income management regime—Queensland Commission
123SJ Category B welfare payment to be split into qualified and unqualified portions
Payments by instalments
(1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SC:
(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is the percentage determined by the Secretary under subsection (2) of this section, after consultation with the Queensland Commission; and
(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).
Note: The percentage may be varied under subsection (4).
(2) The Secretary may determine a percentage in relation to a person for the purposes of paragraph (1)(a).
Payments otherwise than by instalments
(3) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SC, 100% of the gross amount of the payment is qualified (the qualified portion).
Note: The percentage may be varied under subsection (4).
Variation by Secretary
(4) For a person who is subject to the enhanced income management regime under section 123SC, 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 (3) to 0%.
(5) The Secretary may make a determination under subsection (4) 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 B 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).
When determinations take effect
(6) A determination under subsection (2) or (4) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).
Determinations are not legislative instruments
(7) A determination under subsection (2) or (4) is not a legislative instrument.
123SK Payment of balance of qualified portion of category B welfare payment
If a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SC, 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.
123SL Recipient’s use of funds from category B welfare payments
A person who receives a category B welfare payment and is subject to the enhanced income management regime under section 123SC:
(a) may use the balance of the qualified portion of the payment, as paid under section 123SK, 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.
Subdivision AA—Persons subject to the enhanced income management regime—child protection
123SLA Category B welfare payment to be split into qualified and unqualified portions
Payments by instalments
(1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCA:
(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:
(i) 100%, unless subparagraph (ii) applies; or
(ii) if a lower percentage is determined by the Minister under subsection (2) of this section—the lower percentage; and
(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).
Note: The percentage may be varied under subsection (7).
(2) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (1)(a)(ii).
(3) An instrument made under subsection (2) may determine different percentages in relation to different kinds of category B welfare payments.
Payments otherwise than by instalments
(4) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SCA:
(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:
(i) 100%, unless subparagraph (ii) applies; or
(ii) if a lower percentage is determined by the Minister under subsection (5) of this section—the lower percentage; and
(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).
Note: The percentage may be varied under subsection (7).
(5) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (4)(a)(ii).
(6) An instrument made under subsection (5) may determine different percentages in relation to different kinds of category B welfare payments.
Variation by Secretary
(7) For a person who is subject to the enhanced income management regime under section 123SCA, 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 paragraph (4)(a) to 0%; and
(d) varies the percentage applicable under paragraph (4)(b) to 100%.
(8) The Secretary may make a determination under subsection (7) 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 B 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).
(9) A determination made under subsection (7) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).
(10) A determination made under subsection (7) is not a legislative instrument.
123SLB Payment of balance of qualified portion of category B welfare payment
If a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCA, 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.
123SLC Recipient’s use of funds from category B welfare payments
A person who receives a category B welfare payment and is subject to the enhanced income management regime under section 123SCA:
(a) may use the balance of the qualified portion of the payment, as paid under section 123SLB, 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.
Subdivision AB—Persons subject to the enhanced income management regime—school enrolment and attendance
123SLD Category B welfare payment to be split into qualified and unqualified portions
Payments by instalments
(1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCB or 123SCC:
(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:
(i) 100%, unless subparagraph (ii) applies; or
(ii) if a lower percentage is determined by the Minister under subsection (2) of this section—the lower percentage; and
(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).
Note: The percentage may be varied under subsection (7).
(2) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (1)(a)(ii).
(3) An instrument made under subsection (2) may determine different percentages in relation to different kinds of category B welfare payments.
Payments otherwise than by instalments
(4) If a category B welfare payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SCB or 123SCC:
(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:
(i) 100%, unless subparagraph (ii) applies; or
(ii) if a lower percentage is determined by the Minister under subsection (5) of this section—the lower percentage; and
(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).
Note: The percentage may be varied under subsection (7).
(5) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (4)(a)(ii).
(6) An instrument made under subsection (5) may determine different percentages in relation to different kinds of category B welfare payments.
Variation by Secretary
(7) For a person who is subject to the enhanced income management regime under section 123SCB or 123SCC, 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 paragraph (4)(a) to 0%; and
(d) varies the percentage applicable under paragraph (4)(b) to 100%.
(8) The Secretary may make a determination under subsection (7) 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 B 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).
(9) A determination made under subsection (7) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).
(10) A determination made under subsection (7) is not a legislative instrument.
123SLE Payment of balance of qualified portion of category B welfare payment
If a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCB or 123SCC, 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.
123SLF Recipient’s use of funds from category B welfare payments
A person who receives a category B welfare payment and is subject to the enhanced income management regime under section 123SCB or 123SCC:
(a) may use the balance of the qualified portion of the payment, as paid under section 123SLE, 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.
Subdivision AC—Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority
123SLG Category B welfare payment to be split into qualified and unqualified portions
Payments by instalments
(1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SCJ:
(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:
(i) 70%, unless subparagraph (ii) applies; or
(ii) if another percentage is determined by the Minister under subsection (2) of this section—the other percentage; and
(b) the percentage of the gross amount of the payment that is unqualified (the unqualified portion) is the percentage that is equal to 100% minus the percentage applicable under paragraph (a).