Implementing Administrative Appeals Tribunal (AAT second review) partial stay orders 001-10130030

Job Seeker Compliance Framework appeals to the AAT (AAT second review) are not covered in the Payment Pending Review (PPR) legislative instrument. This means that, unless the AAT has issued a stay order against the imposition of the penalty prior to the AAT second review, it is not appropriate to code or allow PPR for appeals to the AAT (AAT second review) relating to Unemployment Non-Payment Periods (UNPP) or serious failure penalty periods.

AAT stay orders issued for an entire UNPP or serious failure penalty period are referred to as full stay orders. Full stay orders are implemented by a Participation Solutions Team (PST)-skilled Service Officer (WNPPD).

Stay orders issued for part of the UNPP or serious failure penalty period are referred to as partial stay orders and are implemented by a Participation Solutions Team (PST)-skilled Service Officer (WNPPD).

Where the decision is made to reapply the UNPP or serious failure, care should be taken to ensure the job seeker only serves a non-payment period for the amount of time the AAT had granted the partial stay order. If the AAT granted a partial stay order for 6 weeks, the job seekers would have already served a 2 week UNPP or serious failure penalty period (arrears would not have been paid for 2 weeks). Therefore, if the decision is made to apply the UNPP or serious failure penalty period, the end date should be manually adjusted so that the job seeker only serves the remaining 6 weeks of the penalty.