126.96.36.199 Feasibility & consideration of other relevant matters for purposes of VIM
Feasibility & consideration of other matters
SS(Admin)Act subsection 123UM(4) provides that, in deciding whether to enter into a VIM agreement with a person, the delegate must consider whether it is feasible to take action under the SS(Admin)Act, Part 3B Division 6 to meet the priority needs of the person, if the person were subject to income management. The delegate must also consider any other relevant matters. This discretion allows the delegate to refuse to enter into a VIM agreement if, amongst other things, there is:
- insufficient availability of merchants who have agreed to accept income managed funds in the person's geographic location (i.e. affecting the delegate's ability to allocate income management funds)
- persuasive evidence to indicate that the person does not meet the vulnerable criteria (188.8.131.52) and therefore lacks the cognitive ability to understand the voluntary income management terms and conditions
- an insufficient rate of payment being received by the person (i.e. it may not be feasible to income manage small amounts)
- a likelihood that within the next 60 days, the VIM agreement will be terminated (e.g. because the person's circumstances are likely to change within the next 60 days).
The delegate must ensure the decision to not enter into a VIM agreement with a person does not result in increased hardship or risk of vulnerability to the person and they must document the reasons for the refusal to enter into an agreement, and provide this to the person in writing. The delegate's decision to refuse to enter a VIM agreement is a reviewable decision.
Act reference: SS(Admin)Act section 123UM(4) In deciding whether to enter into a voluntary income management …