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Unemployed due to industrial action (UDIA) 106-05020100

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This document outlines the effect on the payability of JobSeeker Payment (JSP), Youth Allowance (YA) and Parenting Payment Partnered (PPP) if the customer is unemployed due to being or having been engaged in industrial action or a series of industrial actions

Assessing payability when a customer is UDIA

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Step

Action

1

Verifying industrial action

Verify with the employer if the claimant has been stood down, suspended or had their employment terminated due to industrial action.

Was the claimant stood down, suspended or had their employment terminated due to their own actions as a member of a union?

2

Union member

Is the claimant a member of the same union as those undertaking the action?

3

If claimant is not UDIA

No exclusion period is applied due to UDIA.

Normal new claim procedures will apply.

Procedure ends here

4

Industrial action ceased

Has the industrial action ceased?

5

Industrial action has not stopped

Tell the customer they are not entitled to any payments until after the industrial action has ceased. Advise customer that the current claim will be rejected and that they would need to reapply after the industrial action has ceased, if they are still in need of payment.

6

Breach of an order

Is the action in breach of an order?

Orders are issued by a State authority, the Fair Work Commission or the Federal Court.

This can be confirmed by contacting the employer, union delegate or relevant authority as above:

  • Yes, go to Step 7
  • No, process the claim for payment. Code a manual date of commencement as the date the industrial action ceased, or the date of the claim depending on which date is the later. Go to Step 9

7

Deferment period/reject claim for Parenting Payments
  • Advise PP customer that their claim for PP will be rejected. See Rejecting a Parenting Payment (PP) claim
  • Enforce a 6 week deferment period from the date the industrial action has ceased. This date can be confirmed by contacting the employer and is when normal work resumes
  • Process claim for payment. Make sure that a manual start date is coded for 6 weeks after the industrial action has ceased on the Start Date Calculator (NDC) screen in the Start Date: field

8

If customer has a partner

If the claimant is not entitled and has a partner offer partner a claim for the appropriate income support payment.

9

Record the details on a DOC

Record outcome and reason for decision on a DOC. Record the reason whether:

  • the claim has been rejected
  • a manual start date has been coded, or
  • the partner has been issued with claim forms