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Rules/Other as made
These rules provide particular circumstances in which the Income Management Record (established by section 123VA of the Social Security (Administration) Act 1999) and a person’s income management account can be credited with an amount that is ascertained in accordance with the Rules.
Administered by: Social Services
Registered 02 Jun 2015
Tabling HistoryDate
Tabled HR15-Jun-2015
Tabled Senate15-Jun-2015
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
20-Aug-2015
Expiry Date:
11-Nov-2015
House:
Senate
Details:
Full
Resolution:
Withdrawn
Resolution Date:
17-Sep-2015
Resolution Time:
Provisions:

I, SCOTT MORRISON, Minister for Social Services, make these Rules under section 123WN of the Social Security (Administration) Act 1999.

Dated: 26 May 2015

SCOTT MORRISON                                           

Minister for Social Services

 


  

  

1              Name of Rules

                These Rules are the Social Security (Administration) (Income Management – Crediting of Accounts) Rules 2015.

2              Commencement

                These Rules commence on the day after they are registered.

3              Definition

                In these Rules:

Act means the Social Security (Administration) Act 1999.

Note 1   The following expressions used in these Rules are defined in section 123TC of the Act and have the same meanings in these Rules as in the Act:

·         Part 3B payment nominee

·         Income Management Account

·         Income Management Record

·         stored value card

·         subject to the income management scheme.

Note 2   Secretary is defined in the Social Security Act 1991 and has the same meaning in these Rules as in that Act.

4              Rules

         (1)   For section 123WN of the Act, these Rules specify circumstances in which certain amounts are to be credited to the Income Management Record and a person’s (the affected person’s) income management account.

         (2)   The circumstances are:

               (a)    the threshold circumstance mentioned in subsection (3); together with

               (b)    any of the particular circumstances mentioned in an item of the table in subsection (6).

         (3)   The threshold circumstance is that the Income Management Record and the affected person’s Income Management Account is debited by an amount (the debited amount) for any of the following purposes:

               (a)    if the person does not have a Part 3B payment nominee:

                          (i)    giving a stored value card to the person; or

                         (ii)    increasing the monetary value stored on a stored value card held by the person;

               (b)    if the person has a Part 3B payment nominee:

                          (i)    giving a stored value card to the Part 3B payment nominee; or

                         (ii)    increasing the monetary value stored on a stored value card held by the Part 3B payment nominee.

         (4)   For subsection (3), the debited amount may be made up of:

               (a)    a single transaction for the debited amount; or

               (b)    a series of transactions that, taken together, have the effect of debiting the Income Management Record and the person’s Income Management Account by the debited amount.

         (5)   The amount that is to be credited to the Income Management Record and an affected person’s Income Management Account (the crediting amount) in any of the particular circumstances mentioned in an item of the table in subsection (6) is:

               (a)    the amount shown in the item; or

               (b)    if the monetary value stored on the stored value card is a lesser amount — the lesser amount; or

               (c)    if no monetary value is stored on the stored value card — nil.

Note   Both the Income Management Record and the account are to be credited by the crediting amount.

         (6)   This is the table mentioned in subsections (2) and (5).

Item

Particular circumstances

Crediting amount

1

The Secretary agrees to a request to reduce the monetary value stored on the stored value card that is made by:

  (a)  the affected person; or

  (b)  if the affected person has a Part 3B payment nominee— the affected person or the Part 3B payment nominee

The amount of the requested reduction

Note   The monetary value stored on the card could, in some circumstances, be less than the amount of the requested reduction. In that case, the reduction is limited to the stored amount: see paragraph 4(5)(b)

2

The Secretary becomes aware that the monetary value stored on the stored value card exceeds $3000

 

The lesser of:

  (a)  the amount by which the monetary value stored on the card exceeds $3000; or

  (b)  another amount determined in the particular case by the Secretary

3

The Secretary forms the view that the affected person is unable, or is likely to be unable, to use the stored value card to acquire goods or services

The monetary value stored on the card

4

The debited amount was debited in error

 

An amount equal to the debited amount

Note   The monetary value stored on the card could, in some circumstances, be less than the debited amount. In that case, the crediting amount is limited to the stored amount: see paragraph 4 (5) (b)

5

The affected person dies and, at the time of death, an amount was stored on a stored value card issued to the person or the person’s Part 3B payment nominee (whether or not the person was subject to the income management scheme at the time of death)

The monetary value stored on the card

6

The affected person ceases to be subject to the income management scheme otherwise than because of death and a request is made to the Secretary to cancel the stored value card by:

  (a)  the affected person; or

  (b)  if the affected person has a Part 3B payment nominee — the affected person or the Part 3B payment nominee

The monetary value stored on the card


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au