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.

11.7.4 Conditions to be satisfied to enter a VIM agreement

Introduction

The delegate can only enter into a VIM agreement with a person if the following conditions are satisfied (SS(Admin)Act section 123UM(3)):

  • the person is an eligible recipient of a category H welfare payment (11.1.1.50), and
  • the person's usual place of residence is within a declared VIM area, and
  • if the person has a payment nominee, the payment nominee is subject to income management themselves.

In deciding whether to enter into a VIM agreement with a person, the delegate must also consider:

  • the extent to which it would be feasible for the delegate to apply income management in relation to the person, and
  • any other matters the delegate may consider relevant.

Note: It is not considered feasible to apply income management for recipients of the CPS, who receive no actual payment of a social security benefit or pension.

The delegate must not enter into a VIM agreement with a person if, on the start date specified:

  • the person is subject to compulsory income management under another initiative, such as SS(Admin)Act sections 123UC, 123UCA, 123UCB, 123UCC or 123UF, or
  • there have been 4 or more occasions on which previous VIM agreements relating to the person were terminated at the person's request or due to another reason under 11.7.8 during the previous 12 month period, or
  • less than 21 days has elapsed since the termination of a previous VIM agreement.

Act reference: SS(Admin)Act section 123UC Persons subject to the income management regime-child protection, section 123UCA Persons subject to the income management regime-vulnerable welfare payment recipients, section 123UCB Persons subject to the income management regime-disengaged youth, section 123UCC Persons subject to the income management regime-long-term welfare payment recipients, section 123UF Persons subject to the income management regime-Queensland Commission, section 123UM(3) The Secretary must not enter …,

Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010 Schedule 2 clause 23 Persons subject to the income management regime-relevant Northern Territory area

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