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.

12.3.8.10 Persons subject to the enhanced income management regime - supporting people at risk

Persons subject under SPAR

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

  • the person or their partner is an eligible recipient of a category A welfare payment (12.2.2)
  • the person does not have an excluded Part 3B payment nominee
  • the person is not subject to enhanced income management under SS(Admin)Act section 123SCA (Child Protection measure) or section 123SC (Queensland Commission measure)
  • a written notice requiring that the person be subject to enhanced income management, under SS(Admin)Act section 123SCJ has been given to the delegate by an officer or employee of a recognised state/territory authority (12.3.8.30), and is in force
  • the state or territory authority is a recognised state or territory authority.

A person will also be subject to enhanced income management under SPAR if they have a Part 3B payment nominee who is subject to income management or enhanced income management under the SPAR 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 SPAR measure.

Act reference: SS(Admin)Act section 123SCJ Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority, section 123TC-'excluded Part 3B payment nominee'

Written notice to apply enhanced income management

Officers and employees of recognised state or territory authorities, acting under a law in force in that state or territory or in the exercise of the executive power of the state or territory, can send a notice to Services Australia requiring people be subject to enhanced income management under the SPAR measure.

The officer or employee must give the notice in writing to require that the person be subject to enhanced income management under SS(Admin)Act section 123SCJ.

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that the notice stays in effect from the stated start date until the stated end date unless specifically revoked or withdrawn.

Example: Isobel is income managed under the SPAR 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 state/territory authority. Therefore Isobel is still subject to enhanced income management under the SPAR measure.

The delegate will initiate enhanced income management once a valid notice has been received from a recognised state/territory authority if the eligibility conditions in SS(Admin)Act section 123SCJ 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 recognised state/territory officer or employee that revokes the original notice
  • the notice ends, or
  • the eligibility conditions in SS(Admin)Act section 123SCJ otherwise cease to be satisfied.

Circumstances under which the SPAR measure will not apply

A person will not be subject to enhanced income management under SS(Admin)Act section 123SCJ if one of the following criteria is met:

  • they are or become subject to enhanced income management under the Child Protection or Queensland Commission measures
  • neither they nor their partner (if any) is in receipt of a category A payment (12.2.2)
  • they have an excluded Part 3B payment nominee
  • the notice given about them in accordance with SS(Admin)Act section 123SCJ is revoked, withdrawn or expires.

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