Payment pending review (PPR) of decision to apply a penalty for non-compliance 001-10130010

A PST-skilled Service Officer (WNPPD) (PST SME) is responsible for managing PPR.

Is the RAES participant currently serving, or yet to commence, a UNPP or serious failure penalty period?

• Yes, and
• they have applied for a review by an ARO or the ART (first review), go to Step 2
• a full stay order has been issued after they applied for a review by the ART (second review), go to Step 2
• a partial stay order has been issued after they applied for a review by the ART (second review). See Implementing Administrative Review Tribunal (ART second review) partial stay orders
• No, PPR provisions do not apply. Procedure ends here

If the RAES participant is currently serving, or due to start, a UNPP or serious failure penalty period, continue their payment under PPR provisions until the review is completed by:

• an ARO
• the ART (first review), or
• the ART second review (when a stay order has been granted)

PPR is payable from the date the penalty period started, or is scheduled to start. However, if they are serving other waiting or preclusion periods (not subject to PPR provisions) concurrently with the UNPP, PPR will begin once the concurrent waiting periods end.

A RAES participant may apply for a review of a non-payment period if the non-payment period is reinstated for:

• not attending a compliance activity waiver appointment, or
• attending but not entering into a new Job Plan. Then PPR will apply to the reinstated penalty period

Confirm an application for an ART first review has been lodged with the ART is before applying PPR.

Note: before recording PPR, check if the RAES participant has had any change in circumstances which would impact their payment. Record any changes before finalising the PPR assessment.

Record PPR, which will generate arrears for any amount already withheld, by updating the UNPP or serious failure status:

• Go to the Participation Compliance Hub (BIPCW) screen
• Locate the failure under review in the Completed/Provider Compliance action table. Select Compliance action at the end of the row
• Select Review Decision from the Completed Compliance Action (BIACT) screen
• On the Review Decision workflow screen, update the failure status to PPR and record the date the customer requested the review in the Status/Decision date

If the RAES participant’s (or their advocate’s) application for a formal review has not already been recorded, run the Internal Review/Explanation script to record the application.

Go to Step 3.

The RAES participant must comply with their mutual obligation requirements while they are receiving PPR.

If they fail to meet requirements without a reasonable excuse, the following may also occur during the period the RAES participant is receiving PPR:

• suspension of payment
• connection failure
• non-attendance failure
• reconnection failure
• No Show, No Pay failure, or
• serious failure

Tell the RAES participant:

• they must continue to comply with all mutual obligation requirements
• the consequences of further failures, including the impact that multiple non-payment periods may have whilst receiving PPR, and
• PPR will cease and the UNPP or serious failure penalty period will be reapplied if the:
• application for a review of the decision is withdrawn
• ART dismisses the case without a decision (for example, in cases when the RAES participant does not appear at the hearing or cannot be contacted), or
• decision to apply the UNPP or serious failure is affirmed

For details of the action required when a review has been completed, see Implementing the outcome of a review of a participation failure decision.