4.11.2 JETCCFA Entitlement Variations
This section explains JETCCFA policy following a notifiable event.
The effect of the change in circumstance may trigger a variation to a claimant's determination. These variations apply when an event occurred in the past that, if the original decision maker knew about it at that time, would cause the relevant determination to be different in its effect. These variations may have an adverse or beneficial effect.
If a variation as a result of a change of circumstances is beneficial, the date of effect is to be the Monday in the week of the event. There is a limit on the retrospective application of a beneficial variation. Beneficial variations can be made retrospectively up to the start of the income year that precedes the one DHS became aware of the event.
The areas covered in this section include:
- changes in circumstances relating to eligibility for JETCCFA,
- no penalty period after cancellation,
- changes to JETCCFA period (1.1.J.70), and
- notices of variations to JETCCFA assessments.
Changes in circumstances relating to eligibility for JETCCFA - person no longer eligible for CCB
The date of effect of the cancellation of JETCCFA is the Monday following the date the person is no longer eligible for CCB.
Changes in circumstances relating to eligibility for JETCCFA - cancellation of the person's income support payment
If the person's eligible income support payment is cancelled, and
- they are not on another eligible income support payment the day after the day their original eligible income support payment was cancelled, or
- they do not enter into another Job Plan under their new payment within 2 weeks of starting to receive their new income support payment,
the person's eligibility for JETCCFA should be cancelled.
The date of effect of the cancellation of JETCCFA in such cases is the Monday following the date the person is no longer eligible for JETCCFA.
Changes in circumstances relating to eligibility for JETCCFA - approved child care no longer required
It is a condition of eligibility for JETCCFA that approved child care used enables the person to undertake activities specified in a Job Plan. If the child care ceases to be needed to support the activities, the person is no longer eligible for JETCCFA.
Changes in circumstances relating to eligibility for JETCCFA - JETCCFA recipient leaves Australia permanently or for more than 6 weeks
JETCCFA should be cancelled if the child and/or the person claiming JETCCFA leaves Australia permanently (1.1.A.120) or are absent from Australia for more than 6 weeks. The date of effect of the cancellation is the date of the Monday following the departure date.
Changes in circumstances relating to eligibility for JETCCFA - not complying with the terms of a Job Plan
JETCCFA is cancelled for a voluntary person when the person is not complying with the terms of their agreement. In such cases, DHS should write to the individual, stating that they have a reason to consider that the person may not be complying with their JETCCFA Job Plan (1.1.J.30), and if a reasonable explanation is not provided within 21 days their JETCCFA will be cancelled. The notice will give the person 21 days to respond. Alternatively DHS could ring the person to establish the person's participation. If the person gives DHS reason to cancel their payment, DHS can cancel the person's JETCCFA.
If the person has a reasonable excuse or starts complying with their JETCCFA Job Plan, they continue to be eligible for JETCCFA.
If the person provides no reasonable excuse then their eligibility for JETCCFA is cancelled.
Cancellation will be effective from the Monday following the determination of the cancellation.
Penalty period after cancellation
No penalty period will apply to people whose eligibility is cancelled.
Changes to JETCCFA period
As a result of changes to the period that activities in a person's Job Plan are undertaken, DHS will shorten or lengthen the period JETCCFA applies on JETCCFA assessment notices. There is a limit of 12 continuous months for which changes to JETCCFA can be made without a review of the person's JETCCFA eligibility and assessment.
Notices of variations to JETCCFA assessments
Notices of changes to a person's JETCCFA assessment will be sent to the individual only.