Allowable breaks from Disability Employment Services (DES) 008-04030030

The Disability Employment Services (DES) provider can approve an 'allowable break' for a job seeker without mutual obligation requirements.

For a job seeker without mutual obligation requirements to be given an allowable break there is no requirement for any action by Services Australia.

This decision is always made by the provider.

Services Australia does not make the decision to grant an allowable break. The provider does not need to seek Services Australia's permission in such cases.

However, the provider may seek information from Services Australia about whether an exemption from mutual obligation requirements has been granted for a job seeker. This information will assist the provider in deciding whether to grant an allowable break.

Any questions from the customer about the allowable break should be referred to the provider.

The provider should only be advised whether the customer has an exemption from mutual obligation requirements if they contact seeking this information.

Services Australia's role is restricted to providing responses to requests from the provider about whether an exemption from mutual obligation requirements has been granted and the duration of the exemption.

The decision to apply an exemption from Activity Test/participation requirements is based solely on the customer's circumstances in accordance with relevant policy guidelines.

An exemption should not be granted just so that an allowable break can take place, and should not be influenced by the fact that the customer or the provider is interested in an allowable break.

For example, a temporary incapacity exemption should only be granted, if Services Australia has a medical certificate showing that the customer is temporarily incapacitated for all work.

If Services Australia determines that an exemption cannot be granted, the customer can ask for a review of this decision, following normal processes.

DES providers have access to this information in the Employment Service System (ESS).

Services Australia can respond to telephone requests from DES providers for clarification of this information.

If Services Australia staff do not know the provider, they should use 'callback' procedures using contact numbers listed for the provider.

Current phone contact details can be found:

• by selecting the current DES referral from the Referral Summary (RRSUM) screen, and viewing the provider details on the Referral Details (RRRD) screen
• from the Service Provider Organisation Details (RPOD) screen, which can be found by searching for the provider under the Service Provider Organisations (RPOL) screen, or
• on the Workforce Australia website

Job seekers on an allowable break remain in their DES program, although their participation is temporarily suspended. Their DES referral status will continue to be shown as 'placed' on the RRSUM screen.

The DES referral status will generally remain as 'placed' on the customer's record (as shown on the RRSUM screen) throughout the allowable break unless the customer is exited from the program for some other reason.

The allowable break has no effect on the job seeker's mutual obligation requirements, although their requirements will be affected by the exemption, which led the provider to grant the allowable break.

For example, a JobSeeker Payment (JSP) customer's activity type will remain as 'DES' (a full-time approved activity) as long as the job seeker remains placed in a DES program.

The customer should normally have a current Job Plan that sets out the requirement to participate in DES.

Services Australia staff do not need to take any action to update the customer's Job Plan because the customer has been placed on an allowable break.

Explain that although a temporary exemption from mutual obligation requirements is being granted, the customer is still referred to DES.

Explain that the customer should comply with any requests from their provider to attend appointments or discuss participation.

Encourage the customer to discuss their circumstances with their provider.

Let them know that the provider can contact Services Australia, if necessary, to confirm that a temporary exemption from mutual obligation requirements has been granted.

Wherever possible, Services Australia should attempt to contact the DES provider, to let them know about this new decision.

Providers should be aware that Services Australia's ability to apply this process is limited because information about the allowable break is not recorded on the Centrelink customer record.

There is no action required specifically in relation to the allowable break. Provided the customer has not been exited from the DES program, Services Australia does not need to take any action to recommence participation for the customer once the allowable break has finished. This is managed entirely by the DES provider.

If the customer was exempt because of a temporary incapacity for work and is no longer participating in DES when the period of incapacity exemption finishes, they may require a Post Incapacitated Exemption Review.

At the Post Incapacitated Exemption Review, the Service Officer needs to discuss the customer's mutual obligation requirements, including:

• the need to be connected to an Employment Services Provider taking into account recommended referrals in the customer's current and valid Employment Services Assessment (ESAt)/Job Capacity Assessment (JCA)
• the compliance framework for participation and their obligations for reporting and contact
• run the Job Seeker Snapshot
• determine if the customer is eligible for an exemption or reduced participation from their mutual obligation requirements, for example, if a principal carer or partial capacity to work
• negotiate a Job Plan if the customer does not have a current plan and they are Centrelink managed