Mutual obligation requirements exemptions 001-09120000

Job seekers must meet mutual obligation requirements to get income support payments, unless they are exempt.

Different exemption rules and coding may apply for job seekers in receipt of Special Benefit (SpB).

Reasons to exempt job seekers:

• temporary incapacity for all work due to illness or injury. This includes medium or long-term serious illness. Do not exempt if drug or alcohol misuse or dependence is the whole or main cause
• expectant job seekers
• getting Dad and Partner Pay (DAP)
• special circumstances (except drugs or alcohol as the whole or main cause and not in the Community Development Program (CDP)). Examples:
• released from prison (except if they have done the Time to Work Employment Service (TWES) programme)
• major disruption to their home
• major personal crisis
• declared natural disaster
• temporary carer
• they are under an Extended Supervision Order (ESO) or Community Service Order
• principal carer exemption including but not limited to:
• special family circumstances (such as, caring for a child with a disability, a victim of family and domestic violence, caring for a relative child under a Family Court order, job seekers with mutual obligation requirements whose livelihood is drought affected)
• principal carer of a large family of 4 or more dependent children
• principal carer home schooling. Note: if the eligibility criteria are met, parents or guardians home schooling their children may qualify for the Assistance for Isolated Children (AIC) Scheme
• principal carer is a foster carer
• principal carer providing distance education
• refugees (for the first 12 weeks after arrival)
• death of a partner
• claiming Disability Support Pension (DSP) - applies to a job seeker who has submitted a claim for DSP, and:
• has also claimed JobSeeker Payment (JSP) or Youth Allowance (YA) Provisional, or
• is receiving JSP or YA

When a job seeker contacts after the death of their partner, they are eligible for a Bereavement mutual obligation exemption. Partner death details are to be recorded on the Miscellaneous Details (NMIS) screen. The Bereavement Period - Partner exemption (BPP) is recorded from the date of death of the partner for 14 weeks. If the bereaved is pregnant at the time of the partner's death, they will have a Bereavement Period - Pregnant Partner (BPE) exemption for 14 weeks from the date of the partner's death or to the end of the pregnancy, whichever is later once verification of pregnancy is provided.

If this is the initial contact after the death of a partner, see Centrelink - Notification, confirming and recording a death for more information about available services and referrals.

Customers may be eligible for Partner Bereavement Payment (PBV) if their partner dies. PBV can be assessed as either part of a new claim or when an existing recipient contacts. For more information, see Partner Bereavement Payment (PBV).

A job seeker who has submitted a claim for JSP or YA Provisional or is already in receipt of JSP or YA who have submitted a DSP claim, must be granted a Claiming DSP exemption pending determination of their submitted DSP claim.

The Claiming DSP exemption is not automatically recorded by the system when a job seeker submits their DSP claim.

See JobSeeker Payment (JSP) and Youth Allowance (YA) (Provisional).

A customer with a pending CP and/or CA claim may be granted JSP with an exemption from mutual obligation requirements. This exemption can apply while the pending claim:

• is being determined, or
• remains undetermined and the customer has a previous CAR exemption

See Exempting job seekers from their mutual obligation requirements due to caring responsibilities.

Do not exempt customers if drug or alcohol misuse or dependence is the whole or main cause of their issues. Record a Non-Applied Exemption decision. See the Resources page for a list of Non-Applied Exemption types and codes.

Drug or alcohol misuse often relates to Temporary Incapacity and Serious Illness (medical certificate) exemptions. Do not apply a Major Personal Crisis exemption if drug or alcohol misuse or dependence caused the crisis.

Job seekers remain connected to their provider and need to meet their mutual obligation requirements. Providers negotiate requirements for job seekers to overcome their barriers to work and record them in the Job Plan. Drug or alcohol treatment programs may meet mutual obligation requirements. Tell job seekers of the benefits of staying linked to their provider. Do not suggest lodging a medical certificate with:

• different medical conditions, or
• excluding drug or alcohol misuse or dependence

Drug or alcohol misuse or dependence Non-Applied Exemptions do not apply to Community Development Program (CDP) job seekers.

Job seekers getting DAP and income support payment with mutual obligation requirements can ask for a Special Circumstances (SCI) exemption. The exemption can be for up to 2 weeks while caring for a child who has entered their care.

Referring job seekers to providers as a Fully Eligible Participant (FEP) and volunteer in employment services is possible for:

• expectant customers
• job seekers:
• with a Community Service Order or under an Extended Supervision Order (ESO)
• with caring responsibilities
• having a major personal crisis or disruption at home
• principal carers who:
• have a large family
• provide home schooling or distance education
• are foster parents
• care for children when the job seeker is a relative (not a parent). This would be by a Family Court Parenting Order

Use discretion in deciding if a provider referral is suitable while 1 of these exemptions is current. If a referral is suitable, explain the voluntary nature and benefits of the referral.

Job seeker registration stays current during a mutual obligation requirements exemption. Going to a provider interview is voluntary when exempt.

Providers may not be able to process items on the job seeker's Services Australia record during the exemption. Lifting the exemption allows providers to action items. If job seekers do not attend, the exemption coding is a reasonable excuse for not attending.

For voluntary participation with the provider during the exemption, job seekers must give their contact details to the provider. If they do not, the provider cannot help them, as the contact details will not be on their system.

Refer job seekers to CDP for voluntary assistance if they live in a designated remote area.

Job seekers with mutual obligation requirements can fit into more than one of the following groups:

• mature age 55+ job seekers
• job seekers with a partial capacity to work (PCW), or
• principal carers

If they do, apply the group that suits the job seeker the most, depending on their circumstances.

For example, job seekers getting JobSeeker Payment (JSP) who are mature age 55+, would have full-time mutual obligation requirements. However, if the job seeker has full-time care of a child aged 14, they fit into the mature age 55+ and principal carer groups, but would most suit as a principal carer.

Job seekers with Restricted Access recorded can be exempt from mutual obligation requirements. They can get a Special Circumstances (SCI) exemption. The SCI exemption end date and the next Restricted Access review date should align if possible. If the dates cannot align, the SCI exemption end date should be no more than 12 months. Tell the job seeker that Restricted Access limits their access to employment services and about the impact of the exemption.

Restricted Access limits Employment Services Provider access to job seeker records and the chance to offer all services. Job seekers who choose to stay with their provider must give the provider their contact details. If they do not, the provider cannot help them, as their contact details will not be on their system.