Reviews of Income Management and enhanced Income Management decisions 103-01070000

Full Administrative Review Tribunal (ART) review rights apply under these measures. However, take care in determining the correct review process for each customer. Different aspects of these IM or enhanced IM measures can be reviewed by Federal or State or Territory jurisdictions.

The broad distinction is:

• A decision by the Family Responsibilities Commission (FRC), State or Territory Child Protection Authority or Supporting People at Risk (SPaR) approved referring authority may be reviewed under State or Territory law. This includes the decision to send an Income Management Notice to Services Australia to apply IM or enhanced IM to a person
  The customer contacts the FRC, State or Territory Child Protection Authority or SPaR approved referring authority
• A decision by Services Australia about the implementation of IM or enhanced IM, may be explained or reviewed under social security law. This includes:
• Income Management: a decision about the allocation or disbursement of income managed funds
• Enhanced IM: not transferring enhanced IM funds, not switching card issuers
  The customer contacts Services Australia

If a customer wants to request an explanation or apply for a formal review of the decision to apply IM or enhanced IM through Services Australia, the review will be based on whether the Social Security Administration Act 1999 Part 3B for Income Management or Part 3AA for enhanced IM has been correctly applied.

There are 3 general areas where decisions are reviewable. They are decisions relating to whether:

• a person is eligible for an IM or enhanced IM measure e.g. right person was identified and the correct information was provided to the relevant authority
• an IM or enhanced IM account is being administered correctly e.g. correct payments, applicable payments and debts, and
• correct information has been provided to the relevant authority that may have led to the decision concerning cessation or extension of IM or enhanced IM

If the customer wants to request a review of the decision to have IM or enhanced IM applied in the first place, this will need to be managed by:

• the relevant State or Territory Child Protection Authority for Child Protection Income Management
• the approved referring authority for the Supporting People at Risk (SPaR) measure, or
• Family Responsibilities Commission for Cape York enhanced IM

Services Australia is responsible for processing and maintaining IM or enhanced IM, which is applied on the advice and approval from the referring authority. If the customer wants to have the decision reviewed, advise the customer to contact their case worker/manager.

A customer may want to request an explanation or apply for a formal review of a decision to be income managed under IM or enhanced IM under the DEY or LTWPR category. The eligibility factors are outlined in the Social Security Act, 1999 as follows:

• Income Management - section 123UCB (DEY) or section 123UCC (LTWPR)
• Enhanced IM - section 123SD

A customer can request an explanation or apply for a formal review of any one or more of the following reasons for DEY:

• that the person is an eligible recipient of an eligible welfare payment for at least 13 weeks during the past 26 weeks, and/or:
• the person is at least 15 years of age and under 25 years of age
• the person's usual place of residence is within a declared IM area or enhanced IM location
• the person is not an exempt welfare payment recipient
• the person has a payment nominee who is not an excluded nominee, and
• the person is not income managed under a measure which is higher on the hierarchy

A customer can request an explanation or apply for a formal review of any one or more of the following reasons for LTWPR:

• that the person is an eligible recipient of an eligible welfare payment for at least 52 weeks during the past 104 weeks (long term welfare payment recipient):
• the person is at least 25 years of age but has not reached Age Pension age
• the person's usual place of residence is within a declared IM area or enhanced IM location
• the person is not an exempt welfare payment recipient
• the person has a payment nominee who is not an excluded nominee, and
• the person is not income managed under a measure which is higher on the hierarchy

A customer may want to request an explanation or apply for a formal review of a decision to be income managed as a VWPR. The eligibility factors are outlined in the Social Security (Administration Act) 1999, as follows:

• Income Management: section 123UCA (Notice customers) and section 123UGA (Auto Triggered Youth customers)
• Enhanced IM: section 123SCL (Youth) and section 123SCM (Notice – social worker assessed)

The customer can request an explanation or apply for a formal review of any one or more of the following reasons:

• the person is an eligible recipient of an eligible welfare payment the person's usual place of residence is within a declared IM area or enhanced IM location
• the person is a vulnerable welfare payment recipient
• the person has a payment nominee who is not an excluded nominee
• the person is not income managed under a measure which is higher on the hierarchy

VWPR Notice customers can also request a social worker to review, reconsider or end their VWPR notice. The criteria requires a social worker to review a customer's circumstances to determine if they are still a VWPR. A social worker may refuse to complete such a review if a similar review has been completed within the last 90 days.

VWPR Youth customers can request an explanation or apply for a formal review of the social worker’s decision to reject a request for a detrimental exclusion from IM or enhanced IM.

A customer may want to request an explanation or apply for a formal review of a decision (by the agency) not to enter into an agreement with the customer for VIM as outlined in the Social Security (Administration Act) 1999, as follows:

• Income Management: section 123UM
• Enhanced IM: section 123SE

The customer can request an explanation or apply for a formal review of any or more of the following reasons:

• that the person is an eligible recipient of an eligible welfare payment, and/or:
• a person has a payment nominee who is an excluded nominee
• the person's usual place of residence is within a declared Voluntary Income Management area or enhanced Income Management location
• the person is not subject to any of the compulsory IM or enhanced IM measures
• it is feasible to deliver IM or enhanced IM services to the person

Under all measures of Income Management, customers can request an explanation or apply for a formal review of any decision made around the allocation and management of their income management funds.

The Secretary has the discretion to make deductions on behalf of a person. If a customer does not understand or agree to deductions and allocations, they can request an explanation or apply for a formal review of the decision. However, as a customer can directly engage with Services Australia to re-negotiate their priority needs, it is more likely that this will occur instead of the customer choosing the internal review option.

Under all measures of enhanced IM the customer may contact about an unfavourable decision that was made in relation to their participation in the program, these may include:

• not transferring funds (one-off, urgent, and recurring payments)
• not switching card issuers
• not granting an exemption from enhanced IM
• SmartCard and enhanced IM account