The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.R.137 Relevant period of seasonal/intermittent work

Relevant period of work in determining an SWPP

A relevant period of seasonal or intermittent work is any period of seasonal/intermittent work within a specific industry that ends during the 6 months before a person claims a benefit. It is considered to be one continuous period of work if there is a gap of less than 14 days between episodes of work within the same industry. This is referred to as the '14 day gap rule'.

The following table shows how to treat periods of seasonal/intermittent work where there is a gap in time or a change in industry.

If the person stops work for … and resumes work in … then the work is treated as …
LESS than 14 days the SAME industry one continuous relevant period of seasonal work.
a DIFFERENT industry 2 continuous relevant periods of seasonal work.
MORE THAN 14 days EITHER the same or a different industry 2 continuous relevant periods of seasonal work.

Example: Two separate fishing jobs separated by 12 days is considered one continuous period of seasonal work. A fishing job followed by a shearing job with a break of 12 days is treated as 2 separate relevant periods of seasonal work.

Seasonal/intermittent work ending more than 6 months before claim

The 14 day gap rule applies to periods of work that ended more than 6 months before the person claimed. This means that a person may be assessed on seasonal or intermittent work completed more than 6 months before the claim IF:

  • the work was in the same industry as a subsequent period of seasonal work, AND
  • there were less than 14 days between the end of the first period of work and the start of the second one.

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