(a) family tax benefit under the Family Assistance Act; or
(b) family tax benefit advance under the Family Assistance Administration Act; or
(c) stillborn baby payment under the Family Assistance Act; or
(e) double orphan pension; or
(f) carer allowance; or
(fa) child disability assistance; or
(fb) carer supplement; or
(g) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre.
child of a person means:
(a) a child for whom the person is the principal carer; or
(b) an FTB child of the person; or
(c) on or after 1 July 2008—a regular care child of the person.
This definition does not apply to:
(d) the definition of child protection officer in this section; or
(e) Division 2; or
(f) subsection 123ZE(2); or
(g) section 123ZEB.
child protection officer means an officer or employee of a State or Territory who has functions, powers or duties in relation to the care, protection or welfare of children.
clean energy income‑managed payment means:
(a) a clean energy advance under the 1991 Act; or
(c) a clean energy advance under the Family Assistance Act; or
(d) quarterly energy supplement under the 1991 Act; or
(e) quarterly energy supplement under the Veterans’ Entitlements Act for service pension.
closure day means the day on which Part 1 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences.
declared child protection State or Territory has the meaning given by section 123TF.
declared primary school area has the meaning given by subsection 123TG(1).
declared secondary school area has the meaning given by subsection 123TG(3).
declared voluntary income management area has the meaning given by section 123TGA.
economic security strategy payment means:
(a) an economic security strategy payment under Part 2.17 of the 1991 Act; or
(b) an economic security strategy payment under Part VIIG of the Veterans’ Entitlements Act; or
(c) an economic security strategy payment to families under Part 6 of the Family Assistance Act; or
(d) a payment under the scheme determined under Schedule 4 to the Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008.
eligible care child has the meaning given by section 123UH.
eligible care period has the meaning given by section 123UJ.
eligible recipient has the meaning given by section 123TK.
ETR income‑managed payment means:
(a) ETR payment under the Family Assistance Act; or
(b) ETR payment under the Veterans’ Entitlements Act.
excluded goods has the meaning given by subsection 123TI(1).
excluded Part 3B payment nominee means:
(a) the Public Trustee (however described) of a State or Territory; or
(b) a Part 3B payment nominee who:
(i) is not subject to the enhanced income management regime (within the meaning of Part 3AA); and
(ii) is not subject to the income management regime.
excluded service has the meaning given by subsection 123TI(2).
exempt welfare payment recipient has the meaning given by section 123UGB, 123UGC or 123UGD.
family law order means:
(a) a parenting order within the meaning of section 64B of the Family Law Act 1975; or
(b) a family violence order within the meaning of section 4 of that Act; or
(c) a State child order registered under section 70D of that Act; or
(d) an overseas child order registered under section 70G of that Act.
full‑time student has the meaning given by section 123UGF.
household stimulus payment means:
(a) a training and learning bonus under Part 2.18 of the 1991 Act; or
(c) an education entry payment supplement under Division 14 of Part 2.13A of the 1991 Act; or
(d) a back to school bonus or single income family bonus under Part 7 of the Family Assistance Act; or
(e) a payment under the scheme determined under Schedule 4 to the Household Stimulus Package Act (No. 2) 2009.
income management account means a notional account kept in accordance with section 123WA.
Income Management Record means the Income Management Record established by section 123VA.
income tax law has the same meaning as in the Income Tax Assessment Act 1997.
net amount of an instalment or payment means:
(a) if a deduction is made from, or an amount is set off against, the instalment or payment under:
(i) section 61 or 238 of this Act; or
(ii) section 1231 of the 1991 Act; or
(iii) section 84, 84A, 92, 92A, 225, 226 or 227 of the Family Assistance Administration Act; or
(iv) section 50A, 50B, 58J, 79L, 122B, 122D, 205 or 205AA of the Veterans’ Entitlements Act;
so much of the instalment or payment as remains after the deduction is made or the set‑off occurs, as the case may be; or
(b) in any other case—the amount of the instalment or payment.
non‑alcoholic beverage means a beverage other than an alcoholic beverage.
parenting plan has the same meaning as in the Family Law Act 1975.
Part 3B payment nominee means:
(a) a person who is, by virtue of an appointment in force under section 123B of this Act or section 219TB of the Family Assistance Administration Act, the payment nominee of another person; or
(b) a person to whom payment of another person’s service pension or veteran payment is made by virtue of an approval in force under section 58D of the Veterans’ Entitlements Act; or
(c) a person to whom payment of another person’s service pension or veteran payment is made by virtue of an appointment in force under section 202 of the Veterans’ Entitlements Act; or
(d) a person to whom another person’s instalments of youth allowance are to be paid in accordance with subsection 45(1) of this Act.
pornographic material has the meaning given by section 123TJ.
priority needs has the meaning given by section 123TH.
quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.
Queensland Commission means a body or agency that:
(a) is established by a law of Queensland; and
(b) is specified in a legislative instrument made by the Minister for the purposes of this paragraph.
recognised State or Territory has the meaning given by section 123TGAB.
recognised State/Territory authority has the meaning given by section 123TGAA.
registered parenting plan has the same meaning as in the Family Law Act 1975.
repeal day means the day on which Part 2 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences.
school age child has the meaning given by section 123UGG.
stored value card includes a portable device that is:
(a) capable of storing monetary value in a form other than physical currency; and
(b) of a kind specified in a legislative instrument made by the Minister for the purposes of this paragraph.
subject to the income management regime has the meaning given by section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF, 123UFAA or 123UFA.
supply has the same meaning as in the Competition and Consumer Act 2010.
tobacco product means:
(a) a tobacco product within the meaning of the Public Health (Tobacco and Other Products) Act 2023; or
(b) an e‑cigarette product (within the meaning of that Act) that contains tobacco.
unsatisfactory school attendance situation has the meaning given by section 123UK.
veterans’ entitlement bereavement payment means:
(a) a bereavement payment within the meaning of subsection 53K(3) of the Veterans’ Entitlements Act; or
(b) a bereavement payment paid under subsection 53L(4) of that Act; or
(c) an amount paid under subsection 53Q(1) of that Act; or
(d) a bereavement payment within the meaning of subsection 53T(1) of that Act.
voluntary income management agreement means an agreement under section 123UM.
vulnerable welfare payment recipient has the meaning given by section 123UGA.
123TF Declared child protection State or Territory
The Minister may, by legislative instrument, determine that a specified State or Territory is a declared child protection State or Territory for the purposes of this Part.
123TG Declared primary school area and declared secondary school area
Declared primary school area
(1) The Minister may, by legislative instrument, determine that:
(a) a specified State; or
(b) a specified Territory; or
(c) a specified area;
is a declared primary school area for the purposes of this Part.
(2) This Part does not prevent an area specified under paragraph (1)(c) from being described as the area within the boundary of premises occupied by a particular primary school.
Declared secondary school area
(3) The Minister may, by legislative instrument, determine that:
(a) a specified State; or
(b) a specified Territory; or
(c) a specified area;
is a declared secondary school area for the purposes of this Part.
(4) This Part does not prevent an area specified under paragraph (3)(c) from being described as the area within the boundary of premises occupied by a particular secondary school.
123TGAA Recognised State/Territory authority
(1) The Minister may, by legislative instrument, determine that:
(a) a specified department, or a specified part of a department, of a State or Territory; or
(b) a specified body of a State or Territory; or
(c) a specified agency of a State or Territory;
is a recognised State/Territory authority for the purposes of this Part.
Functions, powers or duties of officers or employees
(2) Before making a determination under subsection (1), the Minister must be satisfied that officers or employees of the department or part of the department, or of the body or agency, have functions, powers or duties in relation to the care, protection, welfare or safety of adults, children or families.
Appropriate review process
(3) Before making a determination under subsection (1), the Minister must be satisfied that there is an appropriate process for reviewing any decisions to give notices of the kind referred to in paragraph 123UFAA(1)(b) that could be made by officers or employees of the department or part of the department or of the body or agency if the Minister were to make the determination.
(4) In deciding whether the Minister is satisfied as mentioned in subsection (3), the Minister must have regard to the following:
(a) the cost of the review process to applicants;
(b) the timeliness of the review process;
(c) whether the review process provides that applicants are entitled to be represented and heard;
(d) the degree of independence of the review process;
(e) whether the review process provides for the use of the services of an interpreter.
This subsection does not limit the matters to which the Minister may have regard to in deciding whether the Minister is satisfied as mentioned in subsection (3).
123TGAB Recognised State or Territory
The Minister may, by legislative instrument, determine that a specified State or Territory is a recognised State or Territory for the purposes of this Part.
123TGA Declared voluntary income management area
The Minister may, by legislative instrument, determine that:
(a) a specified State; or
(b) a specified Territory; or
(c) a specified area;
is a declared voluntary income management area for the purposes of this Part.
123TH Priority needs
(1) For the purposes of this Part, a person’s priority needs are as follows:
(a) food;
(b) non‑alcoholic beverages;
(c) clothing;
(d) footwear;
(e) basic personal hygiene items;
(f) basic household items;
(g) housing, including:
(i) rent; and
(ii) home loan repayments; and
(iii) repairs; and
(iv) maintenance;
(h) household utilities, including:
(i) electricity; and
(ii) gas; and
(iii) water; and
(iv) sewerage; and
(v) garbage collection; and
(vi) fixed‑line telephone;
(i) rates and land tax;
(j) health, including:
(i) medical, nursing, dental or other health services; and
(ii) pharmacy items; and
(iii) the supply, alteration or repair of artificial teeth; and
(iv) the supply, alteration or repair of an artificial limb (or part of a limb), artificial eye or hearing aid; and
(v) the supply, alteration or repair of a medical or surgical appliance; and
(vi) the testing of eyes; and
(vii) the prescribing of spectacles or contact lenses; and
(viii) the supply of spectacles or contact lenses; and
(ix) the management of a disability;
(k) child care and development;
(l) education and training;
(m) items required for the purposes of the person’s employment, including:
(i) a uniform or other occupational clothing; and
(ii) protective footwear; and
(iii) tools of trade;
(n) funerals;
(o) public transport services, where the services are used wholly or partly for purposes in connection with any of the above needs;
(p) the acquisition, repair, maintenance or operation of:
(i) a motor vehicle; or
(ii) a motor cycle; or
(iii) a bicycle;
that is used wholly or partly for purposes in connection with any of the above needs;
(q) any thing specified in a legislative instrument made by the Minister for the purposes of this paragraph.
(2) For the purposes of this Part, excluded goods or excluded services are not priority needs.
123TI Excluded goods and excluded services
Excluded goods
(1) Each of the following goods are excluded goods for the purposes of this Part:
(a) alcoholic beverages;
(b) tobacco products;
(c) pornographic material;
(d) goods specified in a legislative instrument made by the Minister for the purposes of this paragraph.
Excluded services
(2) Each of the following services is an excluded service for the purposes of this Part:
(a) gambling;
(b) a service specified in a legislative instrument made by the Minister for the purposes of this paragraph.
123TJ Pornographic material
(1) For the purposes of this Part, pornographic material is:
(a) a publication, film or computer game classified RC; or
(b) an unclassified publication, film or computer game that contains material that would be likely to cause it to be classified RC; or
(c) a publication classified Category 1 restricted or Category 2 restricted; or
(d) an unclassified publication that contains material that would be likely to cause it to be classified Category 1 restricted or Category 2 restricted; or
(e) a film classified X 18+; or
(f) an unclassified film that contains material that would be likely to cause it to be classified X 18+.
(2) An expression used in subsection (1) and in the Classification (Publications, Films and Computer Games) Act 1995 has the same meaning in subsection (1) as it has in that Act.
123TK Eligible recipient
(1) For the purposes of this Part, if a claim by a person for a particular payment is granted, the person is an eligible recipient of the payment during the period:
(a) beginning on:
(i) if the payment is in relation to a service pension or income support supplement—the provisional commencement day (within the meaning of the Veterans’ Entitlements Act) for the payment; or
(ii) in any other case—the start day for the payment; and
(b) ending when the payment is cancelled.
(2) For the purposes of this Part, a person is an eligible recipient of a veteran payment while the person is receiving that payment.
Division 2—Persons subject to the income management regime
Subdivision A—Situations in which a person is subject to the income management regime
123UA Persons subject to the income management regime
This Subdivision sets out the various situations in which a person is subject to the income management regime.
123UC Persons subject to the income management regime—child protection
(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; and
(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:
(i) subject to the income management regime under subsection (1); or
(ii) subject to the enhanced income management regime under subsection 123SCA(1).
(3) A person is not subject to the income management regime under this section on or after the day this subsection commences unless the person was subject to the income management regime under this section immediately before the start of that day.
123UCA Persons subject to the income management regime—vulnerable welfare payment recipients
(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 is an eligible recipient of a category H welfare payment; and
(b) at the test time, the person’s usual place of residence is within a State, a Territory or an area specified in an instrument under subsection (3); and