Manually adjusting non-payment period start and end dates 001-10120090
This document outlines the process for changing the start and end dates of serious failure periods, Unemployment Non-Payment Periods (UNPP), non-attendance failure and reconnection failure penalty periods which may be incurred by Community Development Program (CDP) participants.
Start date for serious failures, UNPPs, non-attendance failure and reconnection failure periods
The start date for a serious failure period or UNPP may be affected by:
- the type of failure that has occurred and when it occurred in relation to any other failures
- whether the failure occurred before or after grant of payment
- when Services Australia became aware of the failure
The start date for a non-attendance failure penalty period may be affected by:
- the date the CDP participant is deemed to have received proper notification from their provider of the decision that their participation payment is not payable due to the appointment they missed
The start date for a reconnection failure penalty period will start from the day the CDP participant failed to comply with their reconnection requirement.
Manual adjustment of start and end dates
Start and end dates may need to be manually adjusted in some circumstances, including where:
- the CDP participant has commenced a serious failure or UNPP, then changes to a payment not subject to Job Seeker Compliance Framework arrangements (for example, a serious failure has occurred and a CDP participant transfers to ABSTUDY)
- a UNPP occurred while the CDP participant was in receipt of payment and the more beneficial start date is date of unemployment rather than start of the next instalment period after the decision made to apply the UNPP
- the penalty period for a non-attendance failure or reconnection failure requires adjustment due to a change in the outcome as a result of a review, including where new information indicates a change to the start date or end date of a penalty is required
- the Administrative Review Tribunal (ART) has specified that although the serious failure or UNPP has occurred, no penalty is to apply or a different penalty period applies
PST-skilled Service Officer action when adjusting start and end dates for a serious failure or UNPP
Participation Solutions Team (PST)-skilled Service Officers undertaking compliance investigations are responsible for checking the start and end dates automatically calculated by the Compliance Investigation workflow as part of making a recommendation or decision to apply a serious failure or UNPP.
As part of the process to change the start and end date of a non-payment period, the PST-skilled Service Officer is required to:
- review the CDP participant's circumstances to check they are still entitled to payment and to determine their correct rate, for example, income, assets and address changes
- code any such changes in the CDP participant's circumstances
- fully document the reason why the action has been undertaken
- issue a letter to the CDP participant confirming the new start and end dates of the serious failure or UNPP, if applicable
PST-skilled Service Officer action when adjusting start and end dates for non-attendance failure or reconnection failure penalties
Service Officers undertaking compliance investigations are responsible for checking the start and end dates automatically calculated by the Compliance Investigation workflow as part of making a decision to apply a non-attendance failure or reconnection failure penalty. If a change is needed, the PST-skilled Service Officer must fully detail and clearly explain the reasons for the change and any change that is made adheres to the principles of a quality decision.
Related links
Unemployment due to a voluntary act or misconduct
Assessing a serious failure for refusing to accept or failing to commence a suitable job
Waiving a serious failure period
Serious failure hardship provisions
Implementing the outcome of a failure review or appeal