(c) at the test time, the person is a vulnerable welfare payment recipient; and
(d) 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
(e) at the test time, the person is not subject to the income management regime under section 123UC, 123UD, 123UE, 123UF or 123UFAA.
(2) If:
(a) a person is subject to the income management regime under subsection (1); and
(b) paragraph (1)(b) ceases to apply in relation to the person; and
(c) at the time of that cessation, paragraphs (1)(a), (c), (d) and (e) apply in relation to the person;
then the person remains subject to the income management regime under subsection (1) until paragraph (1)(a), (c), (d) or (e) ceases to apply in relation to the person.
(3) The Minister may, by legislative instrument, specify a State, a Territory or an area for the purposes of this section.
(5) If:
(a) a person was a program participant under section 124PGE on the day before the closure day; and
(b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;
then, despite subsection (1) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.
(6) 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.
123UCB Persons subject to the income management regime—disengaged youth
(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 E welfare payment; and
(b) at the test time, the person is at least 15 years of age and under 25 years of age; and
(c) 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 (4); and
(d) at the test time, the person is not an exempt welfare payment recipient; and
(e) 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
(f) at the test time, the person is not subject to the income management regime under section 123UC, 123UCA, 123UD, 123UE, 123UF or 123UFAA; and
(g) the person was an eligible recipient of a category E welfare payment for at least 13 weeks during the 26‑week period ending immediately before the test time.
(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 123SD(1) or 123SDA(1).
(3) If:
(a) a person is subject to the income management regime under subsection (1); and
(b) paragraph (1)(c) ceases to apply in relation to the person; and
(c) at the time of that cessation, paragraphs (1)(a), (b), (d), (e), and (f) apply in relation to the person;
then the person remains subject to the income management regime under subsection (1) until the earlier of the following:
(d) the time paragraph (1)(a), (b), (d), (e), or (f) ceases to apply in relation to the person;
(e) the end of the period of 13 weeks beginning on the day that paragraph (1)(c) ceased to apply in relation to the person.
(4) The Minister may, by legislative instrument, specify a State, a Territory or an area for the purposes of this section.
(6) If:
(a) a person was a program participant under section 124PGE on the day before the closure day; and
(b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;
then, despite subsections (1) and (2) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.
(7) 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.
123UCC Persons subject to the income management regime—long‑term 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 E welfare payment; and
(b) at the test time, the person is at least 25 years of age but has not reached pension age; and
(c) 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 (4); and
(d) at the test time, the person is not an exempt welfare payment recipient; and
(e) 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
(f) at the test time, the person is not subject to the income management regime under section 123UC, 123UCA, 123UD, 123UE, 123UF or 123UFAA; and
(g) the person was an eligible recipient of a category E welfare payment for at least 52 weeks during the 104‑week period ending immediately before the test time.
(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 123SD(3) or 123SDA(5).
(3) If:
(a) a person is subject to the income management regime under subsection (1); and
(b) paragraph (1)(c) ceases to apply in relation to the person; and
(c) at the time of that cessation, paragraphs (1)(a), (b), (d), (e), and (f) apply in relation to the person;
then the person remains subject to the income management regime under subsection (1) until the earlier of the following:
(d) the time paragraph (1)(a), (b), (d), (e), or (f) ceases to apply in relation to the person;
(e) the end of the period of 13 weeks beginning on the day that paragraph (1)(c) ceased to apply in relation to the person.
(4) The Minister may, by legislative instrument, specify a State, a Territory or an area for the purposes of this section.
(6) If:
(a) a person was a program participant under section 124PGE on the day before the closure day; and
(b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;
then, despite subsections (1) and (2) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.
(7) 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.
123UD Persons subject to the income management regime—school enrolment
(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) at the test time, the person, or the person’s partner, has an eligible care child; and
(c) under a law of a State or Territory, the eligible care child is required to be enrolled at school; and
(d) the Secretary is satisfied that it is appropriate for the eligible care child to be enrolled at:
(i) a primary school in a declared primary school area; or
(ii) a secondary school in a declared secondary school area; and
(e) at the test time, the eligible care child is not enrolled at:
(i) if subparagraph (d)(i) applies—a primary school in the declared primary school area; or
(ii) if subparagraph (d)(ii) applies—a secondary school in the declared secondary school area; 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 123UC or 123UF; and
(h) at the test time, a determination under subsection (2) is not in force in relation to the person; and
(i) such other conditions (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph are satisfied.
(2) The Secretary may, by writing, determine that a person is exempt from subsection (1).
(3) In making a determination under subsection (2), the Secretary must comply with any principles set out in a legislative instrument made by the Minister for the purposes of this subsection.
(4) 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).
(4B) If:
(a) a person was a program participant under section 124PGE on the day before the closure day; and
(b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;
then, despite subsections (1) and (4) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.
Documentary evidence
(5) If a person, or the person’s partner, has an eligible care child, the Secretary may, by written notice given to the person, request the person to give the Secretary, within a period (the compliance period) specified in the notice, documentary evidence of the eligible care child’s enrolment at a school during a specified applicable school period.
(6) A notice under subsection (5) must set out the effect of subsection (9).
(7) The compliance period specified in a notice under subsection (5) must not be shorter than 7 days.
(8) The Secretary may extend the compliance period specified in a notice under subsection (5).
(9) If:
(a) a person is given a notice under subsection (5); and
(b) the person does not comply with the notice;
the Secretary may determine that subsection (1) has effect as if the eligible care child was not enrolled at any school at any time during the applicable school period specified in the notice.
(10) This Part does not prevent a notice from being characterised as:
(a) a notice under subsection (5); and
(b) a notice under another provision of a law of the Commonwealth.
123UE Persons subject to the income management regime—school attendance
(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) at the test time, an unsatisfactory school attendance situation exists in relation to a child; and
(c) throughout a period that ended before the unsatisfactory school attendance situation came into existence, the child was an eligible care child of:
(i) the person; or
(ii) the person’s partner; and
(d) at the test time, the child is enrolled at a school; and
(e) if the school is a primary school—at the test time, the school is in a declared primary school area; and
(f) if the school is a secondary school—at the test time, the school is in a declared secondary school area; and
(g) before the test time, the person, or the person’s partner, had been given a formal warning under section 123UL; and
(h) the whole or a part of an applicable school period in relation to the child occurred in the period:
(i) beginning when the formal warning was given; and
(ii) ending at the test time; and
(i) 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
(j) at the test time, the person is not subject to the income management regime under section 123UC or 123UF; and
(k) at the test time, a determination under subsection (2) is not in force in relation to the person; and
(l) such other conditions (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph are satisfied.
(2) The Secretary may, by writing, determine that a person is exempt from subsection (1).
(3) In making a determination under subsection (2), the Secretary must comply with any principles set out in a legislative instrument made by the Minister for the purposes of this subsection.
(4) 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).
(6) If:
(a) a person was a program participant under section 124PGE on the day before the closure day; and
(b) on or after that day and before the repeal day, the Secretary made a determination under subsection 124PHA(1) or 124PHB(3) in relation to the person;
then, despite subsections (1) and (4) of this section, the person cannot become subject to the income management regime under this section at any time after the making of that determination.
123UF Persons subject to the income management regime—Queensland Commission
(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 P welfare payment; and
(b) before the test time, the Queensland Commission 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 under a law of Queensland; and
(d) the notice was not given in such circumstances (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and
(e) at the test time, the notice had not been withdrawn or revoked; 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) the test time occurs before 1 January 2022.
(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, neither the person, nor the person’s partner, is an eligible recipient of a category P welfare payment; and
(b) at the test time, the person, or the person’s partner, is an eligible recipient of a category R welfare payment; and
(c) before the test time, the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and
(d) the notice was given under a law of Queensland; and
(e) the notice was not given in such circumstances (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and
(f) at the test time, the notice had not been withdrawn or revoked; and
(g) 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
(h) the test time occurs before 1 January 2022.
(3) 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) or (2).
Relationship with Part 3D
(4) If a person becomes a program participant under section 124PGD on a day (the trigger day), the following apply:
(a) despite any other provision of this Part, the Secretary may, on a day (the transfer day) before the end of 60 days beginning on the trigger day, pay, to the credit of a welfare restricted bank account (within the meaning of Part 3D) maintained by the person, an amount equal to the credit balance (if any) of the person’s income management account as at the end of the day before the transfer day;
(b) immediately after any such payment:
(i) the Income Management Record is debited by an amount equal to the payment; and
(ii) the person’s income management account is debited by an amount equal to the payment;