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 depending on one or more of the following:
(a) the different kinds of category B welfare payments payable to persons subject to the enhanced income management regime under section 123SCJ;
(b) the usual place of residence of those persons;
(c) the recognised State/Territory authority.
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 123SCJ:
(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 depending on one or more of the following:
(a) the different kinds of category B welfare payments payable to persons subject to the enhanced income management regime under section 123SCJ;
(b) the usual place of residence of those persons;
(c) the recognised State/Territory authority.
Variation by Secretary
(7) For a person who is subject to the enhanced income management regime under section 123SCJ, 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.
123SLH 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 123SCJ, 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.
123SLI 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 123SCJ:
(a) may use the balance of the qualified portion of the payment, as paid under section 123SLH, 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 AD—Persons subject to the enhanced income management regime—vulnerable welfare payment recipients
123SLJ Relevant payment to be split into qualified and unqualified portions
Payments by instalments
(1) If an instalment of a relevant payment is payable to a person who is subject to the enhanced income management regime under section 123SCL:
(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:
(i) 50%, 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).
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 relevant payments.
Payments otherwise than by instalments
(4) If a relevant payment is payable, otherwise than by instalments, to a person who is subject to the enhanced income management regime under section 123SCL:
(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 relevant payments.
Variation by Secretary
(7) For a person who is subject to the enhanced income management regime under section 123SCL, 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 relevant 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 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 under subsection (7) is not a legislative instrument.
123SLK Payment of balance of qualified portion of relevant payment
If a relevant payment is payable to a person who is subject to the enhanced income management regime under section 123SCL, 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.
123SLL Recipient’s use of funds from relevant payments
A person who receives a relevant payment and is subject to the enhanced income management regime under section 123SCL:
(a) may use the balance of the qualified portion of the payment, as paid under section 123SLK, 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 B—Persons subject to the enhanced income management regime—disengaged youth and long‑term welfare payment recipients
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 or 123SDA:
(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:
(i) 50%, unless subparagraph (ii) applies; or
(ii) if another percentage is determined by the Minister under subsection (1A) 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).
Note: The percentage may be varied under subsection (3).
Payments otherwise than by instalments
(1A) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (1)(a)(ii).
(1B) An instrument made under subsection (1A) may determine different percentages in relation to different kinds of category D welfare payments.
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 or 123SDA:
(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 (2A) 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 (3).
(2A) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (2)(a)(ii).
(2B) An instrument made under subsection (2A) may determine different percentages in relation to different kinds of category D welfare payments.
Variation by Secretary
(3) For a person who is subject to the enhanced income management regime under section 123SD or 123SDA, 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 (2)(a) to 0%; and
(d) varies the percentage applicable under paragraph (2)(b) to 100%.
(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 or 123SDA, 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 and is subject to the enhanced income management regime under section 123SD or 123SDA:
(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.
Subdivision C—Persons subject to the enhanced income management regime—volunteers
123SP 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 123SE:
(a) the percentage of the gross amount of the payment that is qualified (the qualified portion) is:
(i) 50%, unless subparagraph (ii) applies; or
(ii) if another percentage is determined by the Minister under subsection (1A) 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).
Note: The percentage may be varied under subsection (3).
(1A) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (1)(a)(ii).
(1B) An instrument made under subsection (1A) may determine different percentages in relation to different kinds of category B welfare payments.
Payments otherwise than by instalments
(2) 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 123SE:
(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 (2A) 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 (3).
(2A) The Minister may, by legislative instrument, determine a percentage for the purposes of subparagraph (2)(a)(ii).
(2B) An instrument made under subsection (2A) may determine different percentages in relation to different kinds of category B welfare payments.
Variation by Secretary
(3) For a person who is subject to the enhanced income management regime under section 123SE, 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 (2)(a) to 0%; and
(d) varies the percentage applicable under paragraph (2)(b) to 100%.
(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 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).
(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.
123SQ Payment of balance of qualified portion of category B welfare payment