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Exempting a job seeker from mutual obligation requirements for serious illness 001-09120080



This document outlines how to assess an exemption from mutual obligation requirements for a job seeker with a serious illness. This may apply to customers receiving JobSeeker Payment (JSP), Youth Allowance (YA), Parenting Payment Single (PPS) or Special Benefit (SpB).

On this page:

Considerations for Service Officers determining suitability for a Temp-Incap Serious Illness exemption

Considerations for Assessment Services staff determining suitability for a serious illness exemption instead of completing an ESAt

Identifying when a Temp-Incapacity Serious Illness exemption has been applied to a customer's record

Considerations for Service Officers determining suitability for a Temp-Incap Serious Illness exemption

Table 1

Step

Action

1

Requirements for a temporary incapacity exemption + Read more ...

Check if the customer meets all of the requirements for a temporary incapacity exemption:

  • Does the customer have an incapacity which makes them unable to work, study or participate in another suitable activity including Workforce Australia (for 8 hours or more per week)?
  • Is the incapacity not caused by their drug and/or alcohol misuse (including dependency), that is, the primary medical condition listed by the medical practitioner is not drug or alcohol dependency (excluding CDP participants)?
  • Is the incapacity likely to be temporary?
  • Has suitable medical evidence been provided?

If the answer to all of the above is yes, go to Step 2.

If the answer to any of the above is no, an exemption cannot be granted:

Procedure ends here.

2

Serious illness conditions + Read more ...

Examples include, but are not limited to:

  • cancer, including leukaemia
  • severe stroke
  • acquired brain injury
  • serious burns
  • coma
  • serious physical injuries requiring long recovery periods
  • severe mental health conditions for which the job seeker or participant is receiving treatment in an institutional setting

Does the job seeker have a serious illness?

3

Intensive medical treatment or undertaking rehabilitation + Read more ...

Is the job seeker undergoing and/or recovering from intensive medical treatment, or undertaking rehabilitation for the serious illness?

4

Medical condition is unlikely to improve + Read more ...

Is it unlikely that the customer's medical condition will significantly improve during the period stated on the medical certificate?

5

Unreasonable physical and/or mental burden + Read more ...

Would requiring the job seeker to obtain new valid medical certificates (or other suitable evidence) every 13 weeks create an unreasonable physical and/or mental burden or stress?

Considerations for Assessment Services staff determining suitability for a serious illness exemption instead of completing an ESAt

Table 2

Step

Action

1

Obtaining further evidence from the medical practitioner + Read more ...

If during, or while preparing for, an Employment Services Assessment (ESAt) interview or post-MAT recommendation an Assessor believes that a Temp-Incap Serious Illness exemption is likely to be more suitable for a job seeker's circumstances than completing the ESAt, the Assessor may:

  • contact the medical practitioner and record details of the conversation in a SA463 or SA479
  • if appropriate, grant and code the Temp-Incap Serious Illness exemption

To determine whether the job seeker is potentially better suited to a Temp-Incap Serious Illness exemption, go to Step 2.

2

Requirements for a temporary incapacity exemption + Read more ...

Check if the customer meets all of the requirements for a temporary incapacity exemption:

  • Do they have an incapacity which makes them unable to work study or participate in another suitable activity, (for 8 hours or more per week)?
  • Is the incapacity likely to be temporary?
  • Has suitable medical evidence been provided?

Note: the SA463 or SA479 forms can be used to record further evidence provided verbally by a medical practitioner.

If the answer to all of the above is yes, go to Step 3.

If the answer to any of the above is no, an exemption cannot be granted. Complete the ESAt.

3

Serious illness conditions + Read more ...

Examples include, but are not limited to:

  • cancer, including leukaemia
  • severe stroke
  • acquired brain injury
  • serious burns
  • coma
  • serious physical injuries requiring long recovery periods
  • severe mental health conditions for which the job seeker or participant is receiving treatment in an institutional setting

Does the job seeker have a serious illness?

  • Yes, go to Step 4
  • No, an exemption cannot be granted. Complete the ESAt

4

Intensive medical treatment or undertaking rehabilitation + Read more ...

Is the job seeker undergoing and/or recovering from intensive medical treatment or undertaking rehabilitation for the serious illness?

  • Yes, go to Step 5
  • No, an exemption cannot be granted. Complete the ESAt

5

Medical condition is unlikely to improve + Read more ...

Is it unlikely that the customer's medical condition will significantly improve during the period stated on the medical certificate?

  • Yes, go to Step 6
  • No, an exemption cannot be granted. Complete the ESAt

6

Unreasonable physical and/or mental burden + Read more ...

Would requiring the job seeker to obtain new valid medical certificates (or other suitable evidence) every 13 weeks create an unreasonable physical and/or mental burden or stress?

  • Yes, go to Step 7
  • No, an exemption cannot be granted. Complete the ESAt

7

Other factors to consider when determining if an ESAt is required + Read more ...

  • Is an ESAt required to determine eligibility for Youth Disability Supplement (YDS) or independence (under 22)?
  • Does the job seeker have a recent Disability Support Pension (DSP) application which would likely be required to show participation in a Program of Support (POS)?
  • Is the job seeker currently suspended following a Did Not Attend result from a previous ESAt?

If the answer to all of the above questions is no:

  • code the exemption
  • make sure that the serious illness condition is coded as the primary medical condition
  • procedure ends here

If the answer to any of the above question is yes, an ESAt is required. Complete the ESAt.

Identifying when a Temp-Incapacity Serious Illness exemption has been applied to a customer's record

Table 3

Step

Action

1

Identify job seekers granted the Temp-Incap Serious Illness exemption + Read more ...

Job seekers or participants who have been granted the Temp-Incap Serious Illness exemption can be identified in the following ways:

  • the Activity and Exemption Summary (AEX) screen will display an exemption code of ISI
  • the Medical Certificate (MC) screen will contain an S in the Incap exempt: field
  • the Medical Conditions Summary Screen (MCSS) screen will display an S in the Incap exempt: field
  • the Med Cert Accepted DOC will provide information including the decision to grant the Temp Incap - Serious Illness exemption

2

Identify periods when a job seeker was previously exempt due to incapacity + Read more ...

The Medical Certificate guided procedure and/or task will display information extracted from the Activity and Exemption Summary (AEX) screen. It will show previous periods where the job seeker or participant was granted an exemption for INP (Incapacitated (via the MC screen) and/or ISI (Temp Incap - Serious Illness).