Allowable breaks from Disability Employment Services (DES) 008-04030030

Allowable breaks apply only to job seekers who have already commenced in DES. They do not apply to job seekers who are awaiting referral and are not yet placed in the program.

Job seekers may be placed on an allowable break from DES for a number of reasons. The DES provider always makes the decision about granting an allowable break.

During the period of the break, the job seeker remains connected to the provider but is suspended from participation in the program.

For job seekers with mutual obligation requirements the provider's decision will generally depend on whether the job seeker has been granted an exemption from their mutual obligation requirements. Job seekers with an exemption from their mutual obligation requirements may be permitted an 'allowable break' from DES for the duration of the exemption.

For a job seeker who does not have mutual obligation requirements, the provider can approve an allowable break with no requirement for action by Services Australia. In most cases, sufficient information about the customer's mutual obligation requirements status should be available to the provider via the Employment Services System (ESS) to allow them to make a determination about whether to grant an allowable break. However, the provider may contact Services Australia to determine if a job seeker with mutual obligation requirements has an exemption and, if so, the duration of the exemption.

Depending on the type of exemption granted, an allowable break may be granted automatically, or at the job seeker's request.

Job seekers participating in DES may be granted an exemption from their mutual obligation requirements by Services Australia.

Services Australia's decision to grant (or not grant) an exemption is made according to normal legislation and policy guidelines for the type of exemption being sought. The fact that the job seeker or the provider may also be seeking an allowable break has no bearing on the decision whether to grant an exemption.

A person claiming DSP from 3 September 2011 who is not manifestly eligible and does not have a severe impairment, will need to show that they have actively participated in a Program of Support (POS), as well as satisfying the other elements of the Continuing Inability To Work test (being unable to work or be retrained for work within the next two years because of an impairment). The Job Capacity Assessor will assess whether the person has actively participated in a POS, including the impact of any 'allowable breaks'.