The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

11.3.2 Eligibility for income management under the Child Protection Measure

Note: Entrance to the income management regime closed 4 September 2023

Following commencement of the Social Security (Administration) Amendment (Income Management Reform) Act 2023, people currently subject to the income management regime can choose to move to the enhanced income management regime.

Please refer to Part 12 Enhanced income management regime.

Introduction

A person is subject to the Child Protection Measure under SS(Admin)Act section 123UC if, at a point in time:

  • the person or their partner is an eligible recipient of a trigger payment (11.1.1.50)
  • the person does not have an excluded payment nominee
  • the person is not subject to income management under SS(Admin)Act section 123UF (under the Cape York Measure)
  • a written notice requiring that the person be subject to income management, under SS(Admin)Act section 123UC has been given to the delegate by a child protection worker of a declared child protection state or territory (and has not been withdrawn or revoked), and
  • the state or territory is a declared child protection state or territory.

A person will also be subject to income management under the Child Protection Measure if they have a payment nominee who is subject to the Child Protection Measure, and the person is not subject to an income management measure in their own right. The principal does not have to meet any of the eligibility criteria to be income managed under this measure other than to have a current payment nominee who is being income managed under the Child Protection Measure. If the person was on VIM prior to their nominee being placed on the Child Protection Measure, the person can remain on VIM.

Act reference: SS(Admin)Act section 123UC Persons subject to the income management regime-child protection, section 123TC-'excluded Part 3B payment nominee', section 123UF Persons subject to the income management regime-Queensland Commission, section 123TC-'declared child protection State or Territory'

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