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Exempting job seekers from their mutual obligation requirements due to caring responsibilities 001-09120070



This document explains the procedures to follow when exempting job seekers from their mutual obligation requirements because of short term caring responsibilities.

If the job seeker is a principal carer of a child who is temporarily ill or injured, see Exempting a job seeker from mutual obligation requirements due to special circumstances.

Determining exemption from mutual obligation requirements due to caring responsibilities

Step

Action

1

Evidence + Read more ...

If the job seeker has:

  • gained informal care of a child via State/Territory authority, go to Step 2
  • no medical evidence of their caring responsibilities, go to Step 3
  • medical evidence of their caring responsibilities, go to Step 4
  • a pending Carer Payment (CP) claim, go to Step 9

2

Informal care via State/Territory authority + Read more ...

The job seeker advises a caring responsibility due to informal care of a child/ren and the arrangement has the support of the state or territory authorities. The job seeker must provide documentation from the relevant state or territory authority that confirms:

  • the placement of the child/ren with the carer has been negotiated with the authority, and
  • the child/ren's parents have agreed to the placement, and
  • caring for the child/ren will impact the person’s ability to meet their mutual obligation requirements as outlined in their job plan

The documentation should clearly state that the authority has acted as the conduit in the arrangement or has had a role in the placement of that child/ren outside of their immediate family. The initial and each subsequent exemption must not exceed 13 weeks.

If the jobseeker

  • has the evidence, go to Step 4
  • does not yet have the evidence, tell them it must be provided before the exemption can be coded. Go to Step 7

3

Job seeker does not have medical evidence + Read more ...

Where the caring responsibility is for medical reasons, then where appropriate, tell the job seeker to obtain medical evidence from a medical practitioner. The medical evidence can be in the form of a medical certificate or a letter from a medical practitioner stating that the care receiver requires care from the job seeker.

The Caring Exemption can be coded before the medical evidence is supplied. Code the exemption for 2 weeks and advise the job seeker to supply the information by the end date of the 2 week period.

Go to Step 4.

4

Duration of caring responsibilities + Read more ...

Is the care expected to be for a period of 13 weeks or less?

5

Determine exemption + Read more ...

Suitably skilled Service Officers (that is, those that have completed appropriate training) must use their discretion to determine the length of the exemption. This should be based on the period care is required as per the medical/other evidence up to a maximum of 13 weeks.

If the exemption is:

6

Code exemption + Read more ...

  • Select Customer Summary from the Process Direct Landing page
  • Enter the customer's CRN, select Go
  • In the customer's record, key 'AEX' in the Super Key, select [Enter]
  • The Activity and Exemption Summary (AEX) will display:
    • add a manual exemption with the activity type 'CAR' in the Activity Type field
    • key the start and end dates for the caring exemption. If the caring exemption is being extended, the new start date is the previous exemption end date +1 day
    • key footer details
    • record details on a DOC detailing the exemption from mutual obligation requirements, reason, and the dates for exemption
  • complete activity. Issue a Q999 manual advice to the job seeker using the following suggested wording:
    • 'You are exempt from mutual obligation requirements from [start date] to [end date] due to your caring responsibilities.'
    • 'You must still report your Reporting Statement for [payment type] to remain eligible.'

See Creating a Q999 or Q888 letter and the References page for assistance to create letter.

Note: job seekers may be exempt from their mutual obligation requirements to undertake carer responsibilities for up to 13 weeks. This may be extended more than once if appropriate to do so, but cannot be for more than 13 weeks at a time with medical/change of care evidence. It can be granted when the sickness or temporary incapacity of a family member requires short term full-time care from the job seeker.

If the customer expects to be caring for more than 26 weeks (6 months) at the conclusion of the first or second 13 week exemption period, evaluate whether the customer is on the most appropriate payment. If the customer has been undertaking caring responsibilities for 26 weeks (6 months), Carer Payment (CP) may be a more suitable payment for them, as providing care for 6 months or more forms part of Carer Payment eligibility.

Go to Step 10.

7

Job seeker is not exempt + Read more ...

Explain the reason behind the decision and where necessary, tell them of their review and appeal rights.

Tell the job seeker they will need to continue to meet their mutual obligation requirements.

Procedure ends here.

8

Carer Payment (CP) and/or Carer Allowance (CA) + Read more ...

If the caring responsibilities are likely to last for 6 months or more, consider the job seeker's eligibility for CP, see:

If the job seeker is temporarily caring for an adult or child, exemption can be granted for up to 13 weeks with the activity type 'CAR'.

Procedure ends here.

9

Carer Payment (CP) and/or Carer Allowance (CA) claim pending + Read more ...

Suitably skilled Service Officers can record a manual exemption when a customer's CP claim (with or without a CA claim) is pending. If the customer has lodged a claim for CP and the claim is pending, or a previous CAR exemption has expired and the claim remains undetermined, an eligible customer may claim JobSeeker Payment (JSP) with an exemption from their mutual obligation requirements until their claim is assessed:

  • Select Customer Summary from the Process Direct Landing page
  • Enter the customer's CRN, select Go
  • In the customer's record, key 'AEX' in the Super Key, select [Enter]
  • The Activity and Exemption Summary (AEX) will display
    • add a manual exemption with the activity type 'CAR' in the Activity Type field
    • key start and end dates for caring exemption. This will either be for up to 13 weeks from the CP claim date or from the previous exemption end date +1 day
    • key footer details
    • record details on a DOC detailing exemption from mutual obligation requirements, reason and the dates for the exemption
  • complete activity, and send A Q999 manual advice to the job seeker. Suggested wording for the Q999 is:
    • 'You are exempt from mutual obligation requirements from [start date] to [end date] due to your caring responsibilities.'
    • 'You must still lodge your continuation forms for [payment type] to remain eligible.'
  • tell the job seeker they are still required to lodge their Reporting Statement. For reporting methods, see Reporting statements for job seekers
  • consider eligibility for Variable Reporting, see Reporting overview

See Creating a Q999 or Q888 letter and the References page for assistance to create letter.

Note: if a claim for CP has been determined (rejected), and is currently being reassessed and/or formally reviewed and a previous exemption has expired, an exemption will need to be determined as per Step 5.

10

Advice to job seeker + Read more ...

Tell the job seeker: