Job Seeker Compliance Framework waiver and hardship provisions 001-10160000

Under the Job Seeker Compliance Framework the most serious instances of non-compliance by Community Development Program (CDP) participants can result in a serious failure period or an Unemployment Non-payment Period (UNPP). During a serious failure period or UNPP, a CDP participant will not receive an income support payment. These types of compliance actions are intended to remind CDP participants that meeting mutual obligation requirements is a condition of receiving a participation payments.

Participants who incur a serious failure period or UNPP may request a waiver to avoid serving some or all of the non-payment period in certain circumstances.

When a serious failure is applied, the CDP participant is given the option of waiving some or all of the serious failure period by re-engaging with their provider. This is offered to non-compliant CDP participants when a serious failure has been applied, to demonstrate a commitment to their mutual obligation requirements.

If a CDP participant wishes to waiver a serious failure period, they must contact the Participation Solutions Team (PST) and agree to attend a waiver re-engagement appointment with their provider.

If the PST determines a CDP participant does not have any capacity to re-engage with their provider and they are in severe financial hardship, serious failure hardship provisions may be considered.

When a UNPP is applied, the UNPP may be waived if the CDP participant meets certain hardship provisions. These provisions ensure vulnerable CDP participants (or CDP participants with dependent children) do not serve the UNPP if it results in severe financial hardship. A UNPP may be waived under these provisions if the CDP participant:

• falls within a class of person specified by the Secretary of the Department of Employment and Workplace Relations, and
• would be in severe financial hardship as a result of the UNPP

A waiver can be requested any time from the date a serious failure or UNPP is applied or reapplied up until the end of the serious failure period or UNPP. CDP participants who request a waiver, or contact to find out how payment can be reinstated during a serious failure period or UNPP, should be referred immediately to a PST-skilled Service Officer.

Before a waiver is recorded, the PST-skilled Service Officer will consider any other action the CDP participant is taking in relation to the serious failure or UNPP decision. If the CDP participant is seeking an Authorised Review Officer (ARO) or Administrative Appeals Tribunal (AAT) first review, a waiver must not be recorded until the outcome of the review is known. This is because granting a waiver will prevent or limit the ability to record Payment Pending Review.

When a serious failure waiver is recorded, the CDP participant's payment will recommence from the date the PST-skilled Service Officer determines the waiver should take effect. The date of effect is generally the date the waiver is requested, but may be an earlier date if an extreme event prevented the CDP participant attending an earlier serious failure re-engagement appointment.

Where a waiver is granted on condition the CDP participant attends a waiver re-engagement appointment with their provider, payment will temporarily recommence but permanent waiver is generally dependent on the CDP participant attending the re-engagement appointment. If the provider decides to set other serious failure requirements in addition to attending the waiver re-engagement appointment, they will discuss these requirements with the CDP participant.

If the CDP participant attends the waiver re-engagement appointment, the serious failure period will be permanently waived. After a serious failure period is permanently waived, no further action can be taken to reinstate the serious failure period.

However, if the CDP participant does not attend their waiver re-engagement appointment, the provider will record an appointment result which will result in Services Australia's system automatically reinstating the serious failure period.

When a waiver is recorded, the CDP participant's payment will recommence from the date the PST-skilled Service Officer determines the waiver should take effect. The date of effect will generally be the later of the date the CDP participant requested the waiver or met the conditions for the UNPP to be waived.