Social Security (Administration) (Income Management — Crediting of Accounts) Rules 20081
Social Security (Administration) Act 1999
We, JENNY MACKLIN, Minister for Families, Housing, Community Services and Indigenous Affairs, and LINDSAY TANNER, Minister for Finance and Deregulation, make these Rules under section 123WN of the Social Security (Administration) Act 1999.
Dated 5 September 2008
JENNY MACKLIN                                                LINDSAY TANNER
Minister for Families, Housing, Community Services and Indigenous Affairs
Minister for Finance and Deregulation
  
  
1              Name of Rules
                These Rules are the Social Security (Administration) (Income  Management — Crediting of Accounts) Rules 2008.
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:
·         designated nominee
·         income management account
·         Special Account
·         stored value card
·         subject to the income management regime.
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 Special Account 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 Special Account 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 designated 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 designated nominee:
                          (i)    giving a stored value card to the designated nominee; or
                         (ii)    increasing the monetary value stored on a stored value card held by the designated 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 Special Account and the person’s income management account by the debited amount.
         (5)   The amount that is to be credited to the Special Account 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 accounts 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 designated nominee — the affected person or the designated 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 $1500
 
The lesser of:
   (a)  the amount by which the monetary value stored on the card exceeds $1500; 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 designated nominee (whether or not the person was subject to the income management regime at the time of death)
The monetary value stored on the card

6
The affected person ceases to be subject to the income management regime 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 designated nominee — the affected person or the designated 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.