Exempting a job seeker from their mutual obligation requirements when they are an expectant customer 001-09120020

Job seekers receiving, or claiming JobSeeker Payment (JSP), Youth Allowance (YA), Parenting Payment (with mutual obligation requirements), or in some cases, Special Benefit (SpB), and who are expecting a child, may be granted an exemption from their mutual obligation requirements, but not for the entire pregnancy.

Note: for ParentsNext Participants, see ParentsNext exits and exemptions for the Temporary Period of Confinement (PTC) exemption.

During the early months of pregnancy, a pregnant job seeker's mutual obligation requirements will not change. Generally, the job seeker will still be required to look for work. However, the provider must take into account the job seeker's personal circumstances when setting requirements.

Pregnant job seekers who are 3 months from their expected due date are not required to look for work. Providers cannot compel the job seeker, during this time, to accept job offers or referrals to job interviews. However, the job seeker will be required to continue meeting some requirements, subject to their capacity.

Expectant job seekers may obtain an exemption from their mutual obligation requirements from 6 weeks prior to the expected date of confinement and for 6 weeks after the birth of the child. These exemptions apply even if the baby is stillborn or placed for adoption.

Note: once the birth is confirmed, the expected date of confinement will need to be changed to the date on which the job seeker gave birth, and the start date for the 6 week exemption after the birth will commence on the date the job seeker gave birth. For example, if the expected date of confinement is recorded as 3 March and the baby is born on 27 February, the expected date of confinement will need to be changed to 27 February. The start date for the 6 week exemption after the birth will automatically commence on 27 February.

If the expectant job seeker is experiencing health problems outside of this period, an exemption can be considered on the grounds of incapacity. Evidence about their pregnancy status and expected date of confinement must be provided in order for the exemption to be granted.

Participation with an Employment Services Provider is voluntary whilst a job seeker is exempt from their mutual obligation requirements. If the exemption is applied at new claim and the job seeker chooses to participate, a referral to the provider should be made. If the exemption is applied after the job seeker has already been referred to a provider, they will be suspended from service for the duration of the exemption.

Expectant job seekers may obtain an exemption from their mutual obligation requirements from the date of death of their partner until the expected date of confinement, and for 6 weeks after the birth of the child if:

• they were pregnant when their partner died, and
• the partner's death was on or after 20 March 2020

These exemptions apply even if the baby is stillborn or placed for adoption.

The customer may be entitled to other bereavement assistance.

Expectant job seekers are required to provide evidence of their pregnancy status and expected date of delivery for an exemption from their mutual obligation requirements to be considered. Evidence can include, but is not limited to, a letter from a doctor or registered midwife.

Evidence does not have to be a Services Australia medical certificate.