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.

12.3.6.10 Persons subject to the enhanced income management regime - child protection

Persons subject under child protection

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

  • the person or their partner is an eligible recipient of a trigger payment (12.2.2)
  • the person does not have an excluded payment nominee
  • the person is not subject to income management under SS(Admin)Act section 123SC (under the Queensland Commission measure)
  • a written notice requiring that the person be subject to enhanced income management, under SS(Admin)Act section 123SCA 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given to the delegate by a child protection worker of a declared child protection state or territory (and has not been withdrawn or revoked), and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 enhanced income management under the Child Protection measure if they have a Part 3B payment nominee who is subject to income management or enhanced income management under the Child Protection measure. This only applies if the person is not currently subject to an income management measure or enhanced income management measure in their own right (including as a volunteer). The person does not have to meet any of the other eligibility criteria for the Child Protection measure.

Written notice to apply enhanced income management

State and territory child protection workers have responsibility for identifying people for whom enhanced income management could be beneficial. They can send a notice to Services Australia requiring those people to be subject to enhanced income management under the Child Protection measure.

A child protection worker is an officer or employee of the relevant state or territory child protection authority, who has functions, powers or duties in relation to the care, protection or welfare of children. The child protection worker must give the notice in writing to require that the person be subject to enhanced income management under SS(Admin)Act section 123SCA, under a law in force in that state or territory or in the exercise of the executive power of the state or territory.

The written notice will require the person to be income managed for a set period, which means that the notice stays in effect until the stated end date unless specifically revoked or withdrawn.

Example: Isobel is income managed under the Child Protection measure and receives PPS. She cancels her payments on 5 January, but reapplies for PPS on 5 February, and recommences payments before the stated end date of the original enhanced income management notice given by the child protection authority. Therefore Isobel is still subject to enhanced income management under the Child Protection measure.

The child protection worker may provide the delegate with guidance on the priority needs of the children that are to be addressed through enhanced income management.

The delegate will initiate enhanced income management once a valid notice has been received from the relevant child protection authority if the conditions in SS(Admin)Act section 123SCA are satisfied in relation to the person. Enhanced income management will continue to apply to a person until:

  • the delegate receives a notice from the child protection worker that revokes the original notice
  • the notice ends, or
  • until the conditions in section 123SCA otherwise cease to be satisfied.

Circumstances under which the Child Protection measure will not apply

A person will not be subject to enhanced income management under SS(Admin)Act section 123SCA if:

  • they are or become subject to enhanced income management under the Queensland Commission measure
  • neither they nor their partner (if any) is in receipt of a trigger payment (12.2.2)
  • they have an excluded payment nominee
  • a notice has not been given about them in accordance with section 123SCA
  • the notice given about them in accordance with section 123SCA is revoked, withdrawn or expires.

Act reference: SS(Admin)Act section 123SCA Persons subject to the enhanced income management regime—child protection, section 123TC-‘excluded Part 3B payment nominee’, section 123SC Persons subject to the enhanced income management regime—Queensland Commission

Social Security (Administration) (Enhanced Income Management Program – State Referrals) Determination 2023

Last reviewed: