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.

3.1.2.70 Exemptions from waiting periods

Summary

The general provisions regarding exemptions from waiting or preclusion periods are outlined in this topic for the following waiting periods:

Some payments or benefits also have specific provisions allowing exemptions, and these are detailed in the relevant topic in Part 3.

Exemption from the LAWP

A person may be exempted from the LAWP if he or she:

  • is transferring from one income support payment (1.1.I.80) to another within a 14-day period
  • has self-served the LAWP (see below)
  • has served a LAWP during the 12 months immediately prior to claiming, or becoming qualified for, payment
  • is in severe financial hardship because they have incurred unavoidable or reasonable expenditure
  • becomes qualified for JSP after a continuous period in receipt of income support payments, or
  • is making a claim for JSP or YA within 14 weeks of their partner's death, or if the person was pregnant when their partner died, within 14 weeks of their partner's death or before the pregnancy ends, whichever is the longest period.

A person may also be exempted from the LAWP if the person or their partner has been subject to a LAWP that started within the last 12 months (which includes where only part of a LAWP had been served). This provision does not apply to YA or Austudy recipients.

Example: If the person's partner is serving a LAWP at the time the person claims payment, the person is exempted from the LAWP.

Act reference: SSAct section 549A Liquid assets test waiting period (YA), section 575A Liquid assets test waiting period (Austudy), section 598 Liquid assets test waiting period (JSP)

Self-serving the LAWP

The LAWP is considered to have been self-served if the claim is made after the LAWP would have expired.

Exemption from the NARWP

The NARWP provisions restricting migrants' access to payments and concessions are not identical across payments and concession types. As a result, exemptions from the NARWP also vary, depending on the payment or concession type and the type of visa a person holds.

Note: For detailed information on exemptions from the NARWP refer to 3.1.2.43.

Exemption from the OWP

A person may be exempted from the OWP if:

  • they are reclaiming within 13 weeks of last receiving an income support payment, or
  • they are in severe financial hardship and are also experiencing a personal financial crisis (1.1.P.236) because at some time in the 4 weeks immediately before the person's start day
    • they have been subjected to domestic violence
    • they incurred unavoidable or reasonable expenditure
    • the person was in gaol or psychiatric confinement
    • the person first entered Australia and was the holder of a humanitarian visa on that entry to Australia
    • the person's principal place of residence was lost or sustained major damage as a result of an extreme circumstance, or
    • the person is making a claim for JSP or YA within 14 weeks of their partner's death, or if the person was pregnant when their partner died, within 14 weeks of their partner's death or before the pregnancy ends, whichever is the longest period.

Act reference: SSAct section 19C Severe financial hardship definitions, section 19DA Experiencing a personal financial crisis definition, section 500WA Ordinary waiting period (PP), section 549CA Ordinary waiting period (YA), section 620 Ordinary waiting period (JSP)

Policy reference: SS Guide 1.1.P.236 Personal financial crisis - OWP, 1.1.S.125 Severe financial hardship - OWP, SWPP, LAWP, IMP, 3.1.2.50 Ordinary waiting period

Last reviewed: