126.96.36.199 Exemptions from Cashless Debit Card Trial
The following exemptions apply to all trial regions (8.7.3).
Outside trial area student
Outside trial area students will be exempt from the trial. An outside trial area student is one whose usual place of residence is within a trial area but who lives outside the trial area for the purposes of meeting study requirements and is undertaking full-time study as defined by SSAct section 541B.
Those with payment nominees will be exempt from the trial. Payment nominees include the following list of persons:
- a person who is, by virtue of an appointment in force under SS(Admin)Act section 123B or FA(Admin)Act section 219TB, the payment nominee of another person, or
- a person to whom another person's instalments of YA are to be paid in accordance with SS(Admin)Act subsection 45(1), or
- a person to whom another person's payments under the scheme known as the ABSTUDY scheme are to be paid in accordance with the ABSTUDY Policy Manual part 71.7.
In the Ceduna, East Kimberley and Goldfields trial areas, persons who have reached age pension age or those who would reach age pension age during the first 12 months of the trial in the relevant trial area will be exempt from the trial.
In the Bundaberg and Hervey Bay trial area, persons aged 36 years or older or those turning 36 years during the first 12 months of the trial in the trial area will be exempt from the trial.
Weekly payment recipients
Persons who are the subject of a determination made by the Secretary under SS(Admin)Act subsection 43(3A), relating to weekly payments for persons in hardship will be exempt from the trial.
Income management measures
Those subject to the income management regime under SS(Admin)Act section 123UC (child protection), section 123UCB (disengaged youth), section 123UCC (long-term welfare recipient) or 123UF (Queensland Family Responsibilities Commission) will be exempt from the trial.
Note: Should the person cease to be subject to income management and meet criteria specified in 188.8.131.52, they will become a trial participant.
If the Secretary is satisfied that being a trial participant would seriously risk that person's mental, physical or emotional wellbeing, the Secretary may exempt that person from the trial. This would be an administrative decision in relation to an individual person that being a trial participant would seriously risk that person's mental, physical or emotional wellbeing, which means that the person is not within the prescribed class of trial participants. This is a factual assessment of the person's circumstances.
The Secretary is not required to consider whether to make a decision prior to a person becoming a trial participant. In practice, the Secretary will consider making a decision under this section only where a delegate of the Secretary becomes aware of facts which indicate that being a trial participant may seriously risk a person's mental, physical or emotional wellbeing. If, after gathering relevant evidence, the delegate becomes satisfied that being a trial participant would seriously risk that person's mental, physical or emotional wellbeing, a determination to this effect may be made.