Social workers' role in debt, payment assurance and compensation 003-12070000

Before transferring a call to a Services Australia social worker, staff must complete:

• a full authentication check, and
• the POI field in the Services Australia Workspace Case Information

Remember a person affected by family and domestic violence (FDV) may have the perpetrator attempt to use identity fraud tactics to gain access to their record. Check for an FDV Display on Access (DOA) DOC, or other indicators. For more information, see Family and domestic violence.

Note: customers who are at risk of suicide or self-harm must not be referred via the Social Work guided procedure, see Customers talking about suicide or self-harm.

To transfer the referral to the social work team, use the guided procedure from Workspace:

• select Social Work Referral guided procedure > Next
• for Referral Reason, select Payments and Integrity Social Worker
• for Referral Details to consult with a social worker:
• about a special circumstances debt waiver assessment, select Customer Experiencing Major Disruption, or
• for any other reason related to Payments and Integrity, select Case Consultation
• Referral Details, to refer a customer to a social worker for:
• assessment and recommendation about eligibility for a special circumstances debt waiver, select Family and Domestic Violence
• for any other Payments and Integrity reason, select the option most appropriate to the customer’s circumstances
• for support because they are experiencing FDV or other complex vulnerabilities, do not use this referral reason, go to Step 3
• Additional Information, add brief notes with the reason for the referral, presenting issues and/or why social work input/intervention is required
• select Next > Finish

For referrals, staff should make sure the customer's phone number is correct and tell the customer:

• a social worker will contact them from a private number, and
• the social worker will send them a text before they call, if the customer is registered for pre-call SMS

This referral is for unsupported customers who cannot be referred to a community service and need specialist intervention. Otherwise, see Referral to external support services.

Note: multiple and complex needs refers to individuals or families experiencing a combination of vulnerabilities. This may include agency debt issues, family and domestic violence, mental health, homelessness, disability and complex caring issues. Inappropriate referrals will be returned to the Service Officer.

Staff should:

• access office locator
• review team information and check if a social worker at the service centre is available, to see if they can connect the customer immediately

Note: face-to-face general appointments must only be booked by social workers

Use the Services Australia Workspace to call the Social Work Line. Warm transfer the customer to the social worker, staff should have the:

• Customer name
• Customer Reference Number (CRN)
• Payment type
• Reason for referral. If the customer does not want to say, tell the social worker this before putting the call through

Confirm the customer's phone number in case the call drops out during transfer.

Staff can decide not to stay on the line with the customer, especially if there is a long wait. If not staying on the line, they must complete a Note/DOC on the customer's record with details of the reason for referral.

If there is no social worker available, arrange a social work phone appointment. To do this:

• use the Centrelink Appointment System (SWO callback)
• follow the social work information tab in Office Locator

If there is no availability create a referral for:

• Process Direct, Select > Referrals, or
• Customer First > Social Worker Referral guided procedure to refer the customer through Workload Manager (WLM)

Tell the customer:

• a social worker will contact them from a private number, and
• the social worker will send them a text before they call, if the customer is registered for per-call SMS

Note this is separate to the procedure for Customers talking about suicide or self-harm.

Update the customer's record to reflect the customer’s circumstances. This includes identifying any vulnerabilities the customer may have disclosed.

See Identifying customer vulnerability and risk issues.

Before completing the assessment, the social worker should:

• review the waiver provisions
• complete a file assessment, and
• research the debt

A debt may be waived if:

• the debt did not result wholly or partly from the debtor or another person knowingly providing information, misrepresenting facts or failing to adhere to the law, or
• the debt resulted wholly or partly from such an act or omission by the customer, but that act, or omission was justified in the circumstances, or
• the debt resulted wholly or partly from such an act or omission by another person, but either the customer:
• did not know about that act or omission, or
• was justified in the circumstances for not correcting that act or omission, and
• special circumstances (other than financial hardship alone) make it reasonable to waive, and
• it is more appropriate to waive the debt than to write it off (otherwise, go to Step 10 for further write-off information)

See Identifying customer vulnerability and risk issues for situations that can contribute to special circumstances.

The term 'knowingly' should imply actual knowledge. It is not merely knowledge that they are supposed to know or could have found out. If the debtor behaved in a recklessly indifferent manner, they may also be considered to have acted knowingly in respect of their conduct or representations.

When determining if a person was ‘justified (acceptable or having good cause or reason) in the circumstances’, consider the person’s circumstances in their entirety.

See Special circumstances debt waivers.

Go to Step 2.

Review the file, this should include:

• Secure notes
• JCA and ESAt reports
• SWIS notes
• Medical conditions screen
• Document tools and Document list including debt raising and/or compliance activity details
• Checking if an Authorised Review Officer (ARO) has already made a decision regarding a debt waiver. If so, a review of an ARO decision requires approval from Appeals Policy and Program. If approval is granted, a delegated officer can complete the review. See Secretary initiated review of decision

In Process Direct:

• open the Debt summary. This shows an overview of debt information
• see Debt screens in Process Direct

In Customer First:

• search the term Debt information. This screen shows the customer’s history of debts and current outstanding debts
• select the Debt ID number to view the Debt information details of each individual debt

For more information, in Customer First or Customer Record, access the Debt Management and Information System (DMIS) using these screens:

• Debt List (OPDL), select the relevant Debt ID
• General Information (OPGI)
• Repayment History (OPRH)
• Write-off screen (OPWO)
• Debt Action Summary (OPAS)
• Payment Arrangement List (OPAL)

Do not tell the customer that the recommendation will be successful in waiving the debt. Social workers are not the decision maker.

For additional information on the debt screens, see:

• General Centrelink debt recovery information, and
• Debt Management and Information System (DMIS) screens

Note: social workers should contact the referring officer or the team, which raised the debt if they require more information about the debt. If the customer is seeking an explanation of the debt, see Request for an explanation or application for a formal review.

Go to Step 3

The social worker should consider a customer's broader circumstances when making a recommendation of whether to apply special circumstances waivers, including circumstances that justify why a person provided false information or failed to comply with legislation.

Special circumstances are difficult to define. They are due to situations that are unusual, uncommon or out of the ordinary circumstances. Consider the context in which they happen and if they differ from the usual run of cases. While the circumstances might be unique, they must have a particular quality of unusualness that would describe them as special.

The special circumstances debt waiver requires consideration of a person’s circumstances in their entirety. Eash case must be considered on its own merits. Circumstances may include, but are not limited to:

• family and domestic violence
• financial abuse and coercion
• mental capacity
• the impact of natural disasters
• homelessness
• serious dependence on drugs and alcohol, and
• financial hardship or other vulnerabilities

Is there supporting information?

• Yes, go to Step 4
• No, go to Step 5

The social worker should:

• make decisions on whether to apply the special circumstance waiver based on the:
• evidence available, and
• circumstances of the individual case
• consider:
• the customer’s account of events, including inviting the customer to provide a statutory declaration where there is no evidence available
• information held on the customer’s record such as DOCs, partnered status, income and asset, vulnerability indicators, health conditions or specialist involvement
• readily available evidence provided by the customer. For example, bank statements, insurance claims, police and court documents, third-party information from support services (counsellors, doctors or accommodation providers)

The customer may be able to provide supporting information that is relevant to the debt period, however there is no requirement for the customer to do so. A debt can be waived without supporting information where the staff member is satisfied the customer has experienced a special circumstance.

See the References page for waiver of debt examples based on special circumstances and when additional supporting information may be appropriate to request.

When actioning an undetermined debt where the customer is not yet aware of the waiver consideration, staff should consider:

• if contact with the customer may cause them any further undue stress
• that it may be difficult for customers to access and provide documents

Social workers must consider if customer contact is necessary when there is sufficient information from other sources to support waiver.

Where sufficient evidence is available on the record to support a special circumstances debt waiver recommendation, a report is not required. Go to Step 6.

Where evidence is not sufficient:

• consider if the customer can provide a statutory declaration or letter from a professional third party outlining special circumstances
• a social work report may be required if a customer's circumstances are complex or where evidence is limited

Note: consultation with a Payments and Integrity (P&I) social worker is available at any time. Staff can find a list of P&I social workers and their contact details by searching office code BSW in Office Locator.

If a report is undertaken, social workers should ask the customer if they can include all information in the special circumstances report. Tell the customer that the report:

• will be stored in SWIS, and
• will be shared with the delegate/decision maker

The Resources page has a link to the report template.

After completion of the template, cut and paste the sections of the report into the General SWIS report or use the SWRA.

If an Authorised Review Officer (ARO), Service Officer or Debt Officer initiated the recommendation, consider consulting with them about why they referred to social work and what special circumstances they have identified.

Does the customer qualify for the special circumstances debt waiver recommendation?

• Yes, go to Step 6
• No, go to Step 7

Social workers are not the delegate for the decision. They must determine how to get the recommendation to the delegate for their action.

For recommendations initiated by an Authorised Review Officer (ARO), Service Officer or Debt Officer, discuss where to send the recommendation to have it actioned. It will often be sent back to the referring officer. Staff should base the special circumstances debt waiver on a social worker's recommendation.

For recommendations initiated by a social worker, complete a Fast Note to the relevant debt team:

• For FTB and CCS reconciliation or non-lodgement debts:
• for FTB, use Fast Note - select Auto text, use Debts > Enquiry > FAO Reco Spec and Unusual Circs waiver
• for CCS, use Fast Note - select Auto text, use Families > Reconciliation > Complex CCS reco escalation
• the staff member who picks up the Fast Note activity may not have delegation to action the waiver request. In this instance, they will refer to an APS5 or APS6 using the Direct Referral to SSO webform, or to EL1 using local channels
• For all other recommendations, use the relevant Fast Note located on the Resources page of Debt ownership to refer the recommendation to the relevant team

Note: do not include sensitive details in the Fast Note. Any sensitive information should be recorded in SWIS. Clearly state in the Fast Note if a special circumstances debt waiver report or SWIS case notes have been completed - this documentation can be provided to support the delegate's decision-making.

Procedure ends here.

Tell the customer:

• that the debt does not need to be repaid in full in one payment
• that they can request a repayment plan (to be renegotiated every 3 months)

Consider recommending a temporary write off. This puts the debt recovery on hold, therefore delaying repayments, see Step 8.

Document the contact with the customer and the reasons why a special circumstances debt waiver is not recommended (for example, insufficient evidence or does not meet eligibility criteria).

For more information see:

• Debt recovery for Centrelink
• Temporary write off of Centrelink debts
• Standard withholdings for debt recovery
• Negotiation of debt repayments with customers
• Refunding debt repayments
• Appeal options - Request for an explanation or application for a formal review

A social worker can recommend a temporary write-off by:

• Fast Note - select Auto text, use Debt Recovery > Debt Recovery Referrals > Debt Recovery Action Required, or
• calling Debt Recovery

A temporary write-off can be based on the social work assessment with no supporting evidence. Social workers can record sensitive information in SWIS case notes and the Fast Note should indicate this is where information is held.

Before completing the assessment, the social worker should conduct a file assessment to identify any relevant history or known vulnerability or risk issues. This should include:

• Secure Notes
• Compensation Management Summary
• Medical Conditions screen
• JCA and ESAt reports
• SWIS notes
• Document tools, and Document list

Do not tell the customer that your report will be successful in reducing the compensation preclusion period. Social workers are not the decision maker.

Go to Step 2.

The assessment should address the following criteria:

Financial Hardship

• Describe how the customer is in extreme hardship
• Does the customer have sufficient liquid assets or reliable asset(s) to support themselves and their family for the duration of the preclusion period?

Special Circumstances

• Consider:
• health
• mental health
• gambling
• family and domestic violence
• homelessness
• decision making capacity
• substance use issues, or
• incorrect or insufficient legal advice
• Other considerations include:
• expenditure of compensation funds due to fraud by another person
• reduced life expectancy, or
• excessive legal costs involved in the settling of a claim for compensation

Supporting information

• There is no requirement for customers for provide supporting information, however it is strongly encouraged if it is available
• Staff should ask for supporting information if the information/verification is relevant to the debt period. For example, a letter from their doctor or psychologist that can detail the impact of their circumstances at the time. This may help to influence and inform the decision maker
• Staff should base the special circumstance debt waiver on a social worker’s recommendation

After collecting the information required and any evidence (if provided), the social workers should document the assessment in a general social work report, go to Step 3.

Ask the customer if all of the information provided can be included in a special circumstances report.

After the template is complete, the social worker will:

• cut and paste the sections of the report into the General SWIS report
• save the final SWIS report as a PDF

Note: social workers are not the delegate for the decision. They must provide the recommendation to the delegate for their action.

Go to Step 4.

• Consult with the compensation team to confirm if the customer needs to complete the SS484 Compensation Recovery Statement of Financial Circumstances
• Refer the report to the compensation team/ delegate who made the referral by email for their review

Note: social workers can ring the Compensation Recovery technical support line for support regarding compensation matters. See Technical Peer Support (TPS) in Compensation Recovery.