Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008 (63 of 2008)

Schedule 4   Income management regime

Part 1   Voluntary income management agreements

Social Security (Administration) Act 1999

10   After Subdivision D of Division 5 of Part 3B

Insert:

Subdivision DA - Voluntary income management agreements

123XPA Deductions from category I welfare payments - instalments

Scope

(1) This section applies if:

(a) a person is subject to the income management regime under section 123UFA; and

(b) an instalment of a category I welfare payment is payable to the person.

Deductions from category I welfare payments - instalments

(2) The following provisions have effect:

(a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment;

(b) an amount equal to the deductible portion of the instalment is credited to the Special Account;

(c) an amount equal to the deductible portion of the instalment is credited to the person’s income management account.

Deductible portion

(3) For the purposes of subsection (2), the deductible portion of an instalment of a category I welfare payment is:

(a) 70%; or

(b) if another percentage (not exceeding 100%) is specified in a legislative instrument made by the Minister for the purposes of this paragraph - the other percentage;

of the net amount of the instalment (rounded down to the nearest cent).

(4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.

123XPB Deductions from category I welfare payments - lump sums

Scope

(1) This section applies if:

(a) a person is subject to the income management regime under section 123UFA; and

(b) a category I welfare payment is payable to the person otherwise than by instalments.

Deductions from category I welfare payments - lump sums

(2) The following provisions have effect:

(a) the Secretary must deduct from the category I welfare payment the deductible portion of the payment;

(b) an amount equal to the deductible portion of the payment is credited to the Special Account;

(c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.

Deductible portion

(3) For the purposes of subsection (2), the deductible portion of a category I welfare payment is:

(a) 100%; or

(b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph - the lower percentage;

of the net amount of the payment (rounded down to the nearest cent).

(4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.