JobSeeker Payment (JSP) and Youth Allowance (YA) (Provisional) 008-02080000

Customers getting a participation payment under 'provisional' conditions do not have to meet mutual obligation or participation requirements if:

• they have submitted a DSP claim, and
• the claim is not yet finalised

JSP (Provisional)

Within the DSP online claim, a customer can select JSP assessment without needing to lodge a separate claim. They would be required to book a participation interview at the end of the claim submission process. This will create separate JSP and DSP claims on the customer's record.

YA (Provisional)

Customers who want to claim YA (due to their age) must lodge a separate online claim. They cannot claim YA through their DSP online claim.

If a customer is unable or unsuitable to claim online, use the Assisted Customer Claim (ACC) or issue a paper claim.

Similar to the online claim, a DSP ACC can create a JSP claim. However, customers cannot claim JSP or YA using the Claim for Disability Support Pension (SA466) paper claim and Claim for Disability Support Pension for a Terminal Illness (SA494).

The qualifications for JSP (Provisional) and YA (Provisional) are essentially the same as for JSP and YA, but with the following additions:

• the person must have an outstanding DSP claim, and
• they must meet at least one of the following residential requirements:
• they must have been an Australian resident at the time the illness or injury occurred
• they must have had 10 years qualifying Australian residence, or a qualifying residence exemption, or
• they were born outside Australia, and when the illness or injury first occurred, they were the dependent of an Australian resident, and later they became an Australian resident themselves while still the dependent child of an Australian resident

The criteria above applies equally to customers:

• already getting JSP/YA when they claim DSP, or
• newly claiming JSP/YA 'provisional' at the same time as, or after claiming DSP

JSP/YA (Provisional) conditions do not apply when the DSP claim has been rejected and the customer is awaiting the outcome of a formal review of the decision by an Authorised Review Officer (ARO) or a review of the decision by the Administrative Review Tribunal (ART).

Explain to JSP/YA (Provisional) customers:

• waiting/preclusion periods that may apply
• customer obligations, JSP/YA (Provisional) customers are statement reporters and normally profiled as 4 weekly reporting frequency unless they (or their partners) have casual employment income
• income and assets tests
• working credit
• compliance with participation requirements
• concession cards information

If a customer:

• is assessed as eligible for JSP/YA (Provisional), make sure the start date is correctly assessed, taking into account any potential waiting or preclusion periods
• has recently finished work, they must provide an Employment Separation Certificate completed by their employer, to ensure correct assessment of the start date and any payment preclusion periods
• has voluntarily left their job, consider the impacts of the customer's medical conditions when making the decision on whether to apply an Unemployment Non-Payment

Note: different processes apply for customers in vulnerable circumstances, see Intent to claim and vulnerable customers.

If a customer claims JSP/YA, registration as a job seeker is compulsory and the Job Seeker Snapshot is necessary. Referral to an Employment Services Provider is voluntary for these customers.

Customers who are meeting their mutual obligation requirements through either part time work, approved study or voluntary work (Centrelink managed) and have the exemption coded, may wish to continue with these activities. Coding the exemption does not impact these activities.

If a new Employment Service Assessment (ESAt) is flagged, do not make an ESAt referral while the DSP claim is undetermined. See Actioning a pending Job Seeker Snapshot initiated ESAt activity.

Customers assessed as eligible for JSP/YA (Provisional) are exempt from their mutual obligation requirements for the period during which their DSP claim is being determined.

The 'Claiming DSP' exemption reason is to be recorded on the Activity and Exemption Summary (AEX) screen on the customer's record. This action must generally be taken for all JSP/YA recipients who are claiming DSP, including those already getting JSP/YA at the time of claim. This applies for an initial 13 weeks, but tell the customer the exemption will end when their DSP claim is finalised. The exemption:

• can be extended for a further 13 weeks at a time if the customer's DSP claim:
• has not been finalised when the exemption is due to expire, or
• has expired
• must remain in place until the claim is finalised, regardless of how long the claim takes to assess

A notification is sent to the job seeker 7 days before the exemption ends, telling them that to continue getting payment they need to:

• meet any requirements in their Job Plan, and
• attend any appointments they have with either their provider or Services Australia

If the DSP claim is not finalised by the end of the exemption period, the job seeker should contact Services Australia to ask for an additional exemption period.

The DSP exemption is end-dated when the DSP claim is finalised, even if the customer has:

• applied for a formal review of the decision, or
• provided new medical evidence for a reassessment, or
• the SME identifies an error in the original decision recommendation

Provider managed job seekers

A 'claiming DSP' exemption may be removed at a customer's request, to support their participation in Program of Support (POS). Before removing an exemption, check if the customer has already asked the provider if they can start or continue participating on a voluntary basis while the exemption remains in place. This action avoids any compliance penalties.

If the customer has already exhausted avenues to participate, or insists on removing the exemption, tell the customer that:

• they may be subject to compliance penalties if they fail to comply with their Job Plan or attend provider appointments, and
• they can contact Services Australia at any time if they want to have the exemption applied again, while their DSP claim is being assessed

If the customer requests a 'Claiming DSP' exemption be removed or not be applied:

• record their request and the advice provided to the customer in a DOC
• end-date the exemption, if already applied
• offer help with referral to an Employment Services Provider if they wish to volunteer

Centrelink managed job seekers

Customers who are Centrelink managed (due to their part time work, approved study or voluntary work) can continue these activities even if they have the 'claiming DSP exemption' coded.

Customers claiming DSP must have actively participated in a POS to be eligible, unless they have a severe impairment or are manifestly eligible (such as where they have a terminal illness).

If asked, tell customers claiming DSP that the duration where they are not engaged with an Employment Services Provider, may not be counted as participation in a POS.

A non-protected SCV holder does not qualify for JSP/YA (Provisional). If an exemption type of 'DSP' is recorded within a JSP or YA new claim for a non-protected SCV holder the claim will be rejected. Likewise, if an exemption type of 'DSP' is recorded on a current JSP or YA record for a non-protected SCV holder the JSP or YA will be cancelled.

Consider granting the customer another type of  exemption if eligibility criteria is satisfied, otherwise the customer will need to fulfill their mutual obligation requirements. See Mutual obligation requirements exemptions.

If the customer's DSP claim is:

• granted, JSP/YA will be cancelled and the transfer from JSP or YA will be actioned
• not granted, the 'Claiming DSP' exemption is automatically end dated:
• the customer can continue to get JSP or YA subject to meeting relevant mutual obligation requirements
• consider the customer's eligibility for other payments such as Parenting Payment (PP) or Carer Payment (CP)

If the customer applies for a formal review of the decision to reject their DSP claim, the 'Claiming DSP' exemption cannot be applied while the review is being completed.

Consider recommendations made in the Job Capacity Assessment (JCA) completed as part of the DSP claim, including mutual obligation requirements for any period of Temporary Reduced Work Capacity (TRWC).

If the customer's DSP claim is manifestly rejected without a JCA, an ESAt is required to determine the customer's ongoing work capacity to ensure their mutual obligation requirements are appropriate.