Mutual obligation requirements for people with an illness, injury or disability 001-02230050

A customer receiving a payment with mutual obligation requirements must meet their requirements, unless they are exempt from their mutual obligation requirements because they are temporarily incapacitated for all work.

An Employment Services Assessment (ESAt) is required to determine whether a customer has a partial capacity to work or a temporary reduced work capacity.

Job seekers with mutual obligation requirements are required to attend interviews with Services Australia and appointments with an assessor as a condition of receiving their income support payment. The requirement to attend an appointment for an ESAt is made under section 64 of the Social Security (Administration) Act 1999.

This mandatory requirement only extends to attending the appointment or interview. Job seekers are not compelled to reveal information about their disability or personal circumstances. It is important that the job seeker understands the potential benefit of providing additional information required for an ESAt. The more accurate the information about their work capacity, the more likely it is that the job seeker will be referred to appropriate assistance.

Note: a referral for an ESAt should not delay the decision about a temporary incapacity exemption. The Service Officer should make the decision based on whatever existing evidence is available to them.

A job seeker receiving JobSeeker Payment (JSP) or Youth Allowance (YA) who is temporarily incapacitated for all work (of eight hours or more) and unable to undertake another suitable activity may be exempt from mutual obligation requirements.

Participation requirements

Job seekers with a partial capacity to work or temporary reduced work capacity who have had the number of hours they are able to participate assessed by an Employment Services Assessment (ESAt), will have the following mutual obligation requirements:

• Job seekers with a partial capacity to work or temporary reduced work capacity of 0-14 hours per week who are receiving a payment with mutual obligation requirements such as JSP or YA (job seeker) will require quarterly contacts with Services Australia to discuss their participation. These job seekers can be referred to an Employment Services Provider on a voluntary basis
• Job seekers with a partial capacity to work of between 15-22 hours per week will be required to look for work or undertake work of 15-22 hours per week. They will satisfy the mutual obligation requirements if they are undertaking suitable paid work of at least 15 hours per week
• Job seekers with a partial capacity to work of between 23-29 hours per week will be required to look for work or undertake work of 23-29 hours per week and will be required to accept work within this range, provided the work is not unsuitable. They will satisfy the mutual obligation requirements if they are undertaking suitable paid work of at least 15 hours per week

More information can be found in the References page for the circumstances listed above.

Satisfying requirements

• Where a job seeker with partial capacity to work is participating in approved activities, they are deemed to satisfy their mutual obligation requirements for the duration of the activity. This also applies to job seekers with temporary reduced work capacity participating in approved activities
• Job seekers participating with a Disability Employment Services (DES) or Australian Disability Enterprises (ADE) program are also deemed to be satisfying mutual obligation requirements while they are participating (placed) in the program

Failing to meet mutual obligation requirements without a reasonable excuse may result in compliance action.