Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010 (93 of 2010)
Schedule 2 Income management regime
Part 2 New income management measures
Social Security (Administration) Act 1999
37 Before Subdivision C of Division 2 of Part 3B
Insert:
Subdivision BA - Additional provisions relating to vulnerable welfare payment recipients
123UGA Vulnerable welfare payment recipients
Determination by Secretary
(1) The Secretary may, by writing, determine that a person is a vulnerable welfare payment recipient for the purposes of this Part.
(2) In making a determination under subsection (1), the Secretary must comply with any decision-making principles set out in a legislative instrument made by the Minister for the purposes of this subsection.
Duration of determination
(3) A determination made under subsection (1):
(a) comes into force:
(i) on the day on which it is made; or
(ii) if a later day is specified in the determination - on that later day; and
(b) remains in force (unless earlier revoked):
(i) for 12 months; or
(ii) if a shorter period is specified in the determination - for that shorter period.
New determinations
(4) If a determination made under subsection (1) is, or has been, in force in relation to a person, subsection (3) does not prevent the Secretary from making a new determination under subsection (1) in relation to that person.
Variation and revocation
(5) The Secretary may, by writing, vary or revoke a determination made under subsection (1):
(a) on his or her own initiative; or
(b) on request made under subsection (8).
(6) In deciding whether to vary or revoke a determination made under subsection (1), the Secretary must comply with any decision-making principles set out in an instrument made for the purposes of subsection (2).
(7) Subsection (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.
Request to reconsider circumstances
(8) Subject to subsection (9), if a determination made under subsection (1) is in force in relation to a person, the person may request the Secretary to:
(a) reconsider the person's circumstances; and
(b) vary, or revoke, the determination.
(9) A person must not make a request under subsection (8) in relation to a determination if, at any time during the preceding period of 90 days, the person has made a request under that subsection in relation to the same determination.
(10) If a person makes a request under subsection (8), the Secretary must reconsider the person's circumstances unless the request was made in contravention of subsection (9).
Determination not a legislative instrument
(11) A determination made under subsection (1) is not a legislative instrument.
Subdivision BB - Additional provisions relating to disengaged youth and long-term welfare payment recipients
123UGB Exempt welfare payment recipient - inclusion in specified class
(1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient if the Secretary is satisfied that the person is included in a class of persons specified in an instrument made by the Minister under subsection (2).
(2) The Minister may, by legislative instrument, specify a class of persons to be exempt welfare payment recipients for the purposes of this section.
(3) A determination made by the Secretary under subsection (1) is not a legislative instrument.
123UGC Exempt welfare payment recipient - persons without dependent children
(1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient at a particular time (the test time ) if:
(a) the person has no dependent children at the test time; and
(b) the Secretary is satisfied that one of the following applies:
(i) the person is a full-time student or a new apprentice at the test time;
(ii) during the 12-month period ending immediately before the test time, the person worked for at least 15 hours per week for at least 26 weeks on wages that were at or above the relevant minimum wage;
(iii) at the test time, the person is undertaking an activity specified in an instrument made by the Minister under subsection (2).
Note: A child can be a dependent child of only one person at a time: see section 123UGE.
(2) The Minister may, by legislative instrument, specify activities for the purpose of subparagraph (1)(b)(iii). The activities may be specified by reference to a class of persons undertaking the activities.
(3) A determination made by the Secretary under subsection (1) is not a legislative instrument.
(4) In this section:
dependent child means a dependent child who is a school age child or younger.
Note: For dependent child , see section 5 of the 1991 Act.
123UGD Exempt welfare payment recipient - persons with dependent children
(1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient at a particular time (the test time ) if:
(a) the person has one or more dependent children at the test time; and
(b) in relation to each dependent child who is a school age child - the Secretary is satisfied that:
(i) at the test time, the child is enrolled at a school, and the child has had no more than 5 unexplained absences in each of the 2 school terms ending immediately before that time; or
(ii) at the test time, the child is covered by a schooling arrangement that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at, or attend, a school (for example, the child is home-schooled), and the child's schooling is progressing satisfactorily; or
(iii) at the test time, the child is participating in an activity specified in an instrument made by the Minister under subsection (2); and
(c) in relation to each other dependent child - the Secretary is satisfied that, at the test time, the person or the child is participating in the required number and kind of activities specified in an instrument made by the Minister under subsection (3); and
(d) the Secretary is satisfied that there were no indications of financial vulnerability in relation to the person during the 12-month period ending immediately before the test time.
Note 1: A child can be a dependent child of only one person at a time: see section 123UGE.
Note 2: In deciding whether he or she is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with decision-making principles: see subsection (5).
Alternative activities for school age children
(2) The Minister may, by legislative instrument, specify activities for the purpose of subparagraph (1)(b)(iii).
Activities relating to dependent children (other than school age children)
(3) The Minister must, by legislative instrument, specify the number and kind of activities that a person, or the person's dependent child (other than a school age child), may participate in for the purposes of paragraph (1)(c).
(4) The activities that may be specified under subsection (3) may relate to a child's intellectual, physical or social development.
Decision-making principles relating to financial vulnerability
(5) In deciding whether he or she is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with any decision-making principles set out in a legislative instrument made by the Minister for the purposes of this subsection.
Determination not a legislative instrument
(6) A determination made by the Secretary under subsection (1) is not a legislative instrument.
Definition
(7) In this section:
dependent child has the same meaning as in section 123UGC.
123UGE Child can be dependent child of only one person at a time
(1) For the purposes of sections 123UGC and 123UGD, a child can be a dependent child of only one person at a time.
(2) If the Secretary is satisfied that, but for subsection (1), a child would be a dependent child of 2 or more persons, the Secretary must determine in relation to which of those persons the child is a dependent child.
123UGF Full-time student
A person is a full-time student for the purposes of this Part if the person:
(a) is an eligible recipient of youth allowance; and
(b) is undertaking full-time study (as defined by section 541B of the 1991 Act).
123UGG School age child
(1) For the purposes of this Part, a child is a school age child if the child is required, under a law of a State or Territory:
(a) to be enrolled at a school; or
(b) to attend a school at times required under that law.
(2) For the purposes of this section:
attendance , at a school, includes attendance at a place, for the purpose of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to attend a school.
enrolment , at a school, includes anything, for the purposes of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at a school.