3.2.1.35 Move to area of lower employment prospects for JSP, YA & SpB recipients

Lowering employment prospects

When a person receiving or claiming JSP or YA (other than a full-time student or Australian Apprentice) or SpB NVH (3.11.10) moves to a new place of residence a decision is made on whether the move has lowered the person's employment prospects.

If it is determined that a person has lowered their employment prospects by moving and that they moved without a sufficient reason, an employment-related exclusion period of 26 weeks is applied from the date of the move. The exclusion period may be waived in some circumstances (see below).

Rationale

Unemployment payments are designed as a safety net payment for people who are unemployed and are paid on condition that they do all they can to maximise their chances of finding suitable paid work. Moving to areas of high unemployment can disadvantage job seekers and limit their opportunities for work.

The 26-week exclusion period applies to all people receiving JSP or YA (other than full-time students or Australian Apprentices) whether they are activity tested or not, and to all SpB NVH recipients. This includes:

• temporarily incapacitated job seekers, and
• JSP recipients who are claiming DSP, and
• YA recipients who are claiming DSP.

The exclusion period for a move to an area of lower employment prospects is an employment-related exclusion period and is not a breach penalty.

Job seeker with skills in demand can sometimes move to an area of higher unemployment without lowering their employment prospects

For example, even if a person moves to an area with a higher unemployment rate, they may not be lowering their employment prospects because their skills may be in demand in the new area. If the job seeker can show that they have skills and experience in a particular field and can provide evidence that there are more job opportunities in that field in the place they intend to move to than there are in the place they intend to leave, they may be considered not to have lowered their employment prospects. Such evidence could include an offer of a job interview or advertised vacancies.

Job seeker can sometimes lower their employment prospects even if they move to an area with a similar or lower unemployment rate

A person can still be taken to have lowered their employment prospects if the local labour market conditions in the new area are such that the job seeker would clearly have less chance of finding employment, even if the unemployment rate in the new area is generally the same as in the old area. A smaller labour market may have an unemployment rate that is generally equal to that of a large labour market, but the smaller labour market may also have a considerably lower vacancy rate. Any decision on these grounds should only be made following consultation with the local employment services provider.

Sufficient reason

A person has sufficient reason for moving to an area of lower employment prospects if any of the following situations apply:

• the person moves to live with or near a family member who has already established residence in that area, OR
• the person moves to accompany a parent who changes their residence (YA recipients only), OR
• the move is necessary for the purposes of treating or alleviating a physical, intellectual or psychiatric impairment of the person or an immediate family member, OR
• the person satisfies the Secretary that they have moved from their original place of residence because of an extreme circumstance which made it reasonable to move to the new place of residence.

Definition of family member

A family or family member is defined in SSAct section 23(14), as:

• the partner (whether of the same sex or opposite sex), father or mother of the relevant person
• the sister, brother or child of the relevant person, or
• any other person who, in the opinion of the Secretary, should be treated for the purposes of this definition as one of the relevant person's relations described in paragraph (a) or (b).

Some family members are not included in the SSAct definition of family or family member (e.g. in-laws).

Interpretation of family member wider in some circumstances

In some circumstances a wider interpretation of the term 'family' may be applied, including:

• the extended families of some Aboriginal and Torres Strait Islander people and other cultural groups, and
• adoptive or foster parents (including informal arrangements).

Note: Particular care must be taken in these cases to establish the validity of applying wider interpretation of the term family.

Established residence of a family member

In order for a family member to be regarded as having established residence they must have been living in the location for at least 26 weeks. If the family member has not been living in the location for at least 26 weeks prior to the social security recipient moving, the full term of the MALEP will apply.

Extreme circumstances

Extreme circumstances may mean that a person has to move to an area of lower employment prospects. Where the person can prove the extreme circumstance the person may have a sufficient reason for moving. This provision is NOT intended to be used widely and is designed to cover situations where it is reasonable for a person to move to a new location. As well as being in an extreme circumstance, it must also be reasonable for the person to move to a particular location. Each circumstance will be different and will need to be assessed on its own merits.

Moving to obtain cheaper accommodation or public housing

Moving to an area of lower employment prospects purely to obtain cheaper accommodation is not a sufficient reason for moving. However, if a person is currently transient or homeless and they obtain an offer of stable long-term accommodation then this may be a sufficient reason to move.

Moving to accept an offer of public housing is also not automatically considered as a sufficient reason for moving. Consideration should be given to whether there are other suitable houses on offer within an area of better employment prospects. If a person has been on a waiting list for an extensive period of time and this is the only suitable accommodation likely or if they are currently homeless and this is a suitable accommodation option then this may be considered as sufficient reason to move. A decision needs to be based on the merits of each individual case.

Waiver of MALEP exclusion period

A person who is subject to a MALEP exclusion period can have the non-payment period waived from the time they move:

• back to the original place of residence, OR
• to another place of residence which has not lowered their employment prospects when compared with their original place of residence.

Situations where an exclusion period may not apply

The exclusion period may not apply where the person is undertaking:

• a rehabilitation program (DES - DMS - see note below), OR
• an activity as part of the CDP for a person who would otherwise have been referred to DES- DMS, if not for the person being placed in CDP.

Note: Under the definitions in the SSAct and the Disability Services Act 1986, a 'rehabilitation program' means DES - DMS.

People undertaking an activity as part of CDP will be eligible for the exemption based on their ESAt (1.1.E.104). The ESAt is used to determine a job seeker's barriers to employment, work capacity, and referral to an appropriate employment services program. CDP participants may be exempt from the MALEP if their ESAt indicates that they would have been referred to DES - DMS.