11.2.3.10 Income management under the Cape York initiative - individuals & partners

Individuals & partners

SS(Admin)Act section 123UF, which sets out the circumstances in which an individual is subject to income management under the Family Responsibilities Commission (FRC), contemplates income management of the partner of an eligible recipient of a relevant welfare payment (a category P (11.2.5.10) or R (11.2.5.20) welfare payment, as applicable).

This provision in the SS(Admin)Act means that the welfare payments (such as baby bonus or FTB) of employed persons could be the subject of an income management notice by the FRC, provided that this individual is the partner of an individual who is an eligible recipient of a category P or R welfare payment.

If a partner was subject to income management by virtue of their relationship to a category P or R welfare payment recipient, the delegate needs to take into consideration this relationship in acting on the income management notice.

Where an individual comes under the income management regime because they are a partner of a category P or R welfare payment recipient, the delegate will need to closely monitor changes in circumstances relating to partner status. If the personal circumstances of such a person changes (because their partner cancels the benefit or because the 2 individuals are no longer partners), there are a number of circumstances where the delegate will be unable to continue to act on the income management notice.

If the individual subject to income management by virtue of their relationship begins a new relationship with an individual who is not a category P or R welfare payment recipient, the delegate is unable to continue to act on the original income management notice.

If the individual subject to income management by virtue of their relationship begins a new relationship with an individual who is a category P or R welfare payment recipient, the delegate must continue to implement the original income management notice.