Payment Pending Review (PPR) of decision to apply a penalty for non-compliance 001-10130010

PPR is the process of continuing payment during a UNPP or serious failure period while the decision is under review by:

• an Authorised Review Officer (ARO)
• the Administrative Review Tribunal (ART) (first review), or
• the ART (second review) if a stay order has been issued against the imposition of the penalty

PPR is not available for a review of a decision to apply a connection failure, non-attendance failure, reconnection failure, or No Show, No Pay failure.

If a CDP participant is currently in a reconnection failure period, payment will only recommence from the date:

• the CDP participant complies with the further reconnection requirement, or
• a decision is made that they no longer need to comply with this requirement

PPR is also not available for any failures under the Targeted Compliance Framework.

PPR can only be considered if the CDP participant applies for a formal review of the decision. It cannot be considered if they only ask for an explanation of the decision.

If they apply for a review by either an ARO or the ART (first review):

• payment is restarted, and
• arrears are generally paid for any non-payment period that has already been applied

Payment may also continue during an ART second review but only if the ART issues a stay order against the imposition of the penalty.

PPR applies when an application for review is made:

• after the non-payment, serious failure period is reinstated:
• for not attending a waiver re-engagement appointment, or
• for attending, but not entering into, a new Job Plan, and
• from the start date of the new (that is, reinstated) serious failure period

Application for review

A CDP participant may be serving a UNPP at the same time as other preclusion or waiting periods. In this case, payment will not recommence under PPR provisions until the other waiting or preclusion periods are served, or also become subject to PPR (if applicable).

During the period the CDP participant receives PPR, they must comply with all their compulsory mutual obligation requirements. As part of the process of reinstating payments, the Participation Solutions Team (PST)-skilled Service Officer (WNPPD) or Service Officer (UNPP) must try to re-engage the CDP participant with their CDP provider.

If the CDP participant fails to comply with their mutual obligation requirements while a decision is under review, a further failure may be reported. Subsequent failures may result in an additional serious failure. If this occurs, a new serious failure penalty period may apply. CDP participants who are receiving payment under PPR provisions may incur an additional UNPP if they:

• become voluntarily unemployed without reasonable excuse, or
• are dismissed due to misconduct

The PPR provision ends and the UNPP or serious failure penalty period is reapplied when:

• the formal review of the decision to apply the failure is finalised and affirmed, and:
• no party is seeking a further review, or
• the next stage of review is the ART second review and a stay order has not been issued

A UNPP or serious failure penalty period recommences from the start date of the next entitlement period if the:

• CDP participant withdraws their application for a review of the decision
• ART dismisses the case without a decision (for example, in cases when the CDP participant does not appear at the hearing or cannot be contacted), or
• decision to apply a UNPP or serious failure is affirmed

The above does not apply if an ART first review results in a different period for the UNPP or serious failure period.

If a decision to apply a UNPP is affirmed, the CDP participant must serve the re-applied UNPP in full. The length of the re-applied UNPP may be shorter than 8 (or 12) weeks when the CDP participant has 'self-served' part of the non-payment period before claiming.

Note: it is possible for a CDP participant to incur an extra UNPP or serious failure penalty period while receiving PPR.

When a CDP participant transfers to a provider type other than a CDP provider, any serious failure periods and UNPPs will continue to affect their payment for the duration of the penalty period unless either a waiver or PPR is recorded.

The CDP participant continues to be eligible for PPR when a serious failure or UNPP decision is under review by an ARO or the ART.

Service Officers will continue to:

• record PPR for serious failure and UNPP decisions made before or after the transfer, and
• reapply these decisions, if appropriate, following review