11.8 Northern Territory Income Management - Interim Arrangements
Note: The information below describes the regulations that applied to people on NTER income management after 1 July 2010. NTER INCOME MANAGEMENT CEASED completely on 30 June 2011. The following INFORMATION is FOR HISTORICAL PURPOSES ONLY.
No people can be newly subject to NTER income management from 1 July 2010
A person who was not on the old NTER income management measure on 30 June 2010 cannot become subject to (i.e. be placed on) the old NTER income management measure after 1 July 2010. This would include a person who had an exemption from the old NTER income management measure that was in force on 30 June 2010.
Exemptions or exits from NTER income management from 1 July 2010
If a person who is subject to income management under the old NTER income management measure applies for an exemption on or after 1 July 2010, and this is the first time that the person has requested an exemption, a delegate does not have the power to grant the person an exemption. It will not be possible to determine whether they can exit from the old NTER income management measure until the area in which they live is declared under the new income management provisions.
If a person has requested an exemption before 1 July, it is possible that they will have a right to have a decision made under SSAct section 123UG as it existed at the time that they made the request. However, due to the legal and legislative complexities of such cases, it will be necessary for DSS to consider the individual facts of each case, and to provide specific advice on a case-by-case basis.
Where an existing NTER income managed person seeks to exit or be made exempt from income management after 1 July 2010 but before the date the new model is to apply at the person's Northern Territory (NT) location, the delegate may decide to allow the person to access part or all of their income managed funds through an unrestricted direct payment in the following circumstances:
- where the person has now moved permanently or indefinitely away from the community and no longer lives in the NT, or
- where the person belongs to one of the following classes of persons:
- people who are in a relevant community to assist with the implementation of the Government's response to the NT emergency,
- students for whom a student income support payment is paid to a third party,
- students to whom a student income support payment is paid for education and training and who, for the purposes of undertaking study, receive an away from home rate to study outside of the relevant community, and
- students who receive an ABSTUDY residential costs option.
An unrestricted direct payment can also be used where the delegate is satisfied that there is no other practical method by which to ensure the person has access to their income managed funds including to meet priority needs.