126.96.36.199 Effect of a community service order on activity tested payments
Explanation: Recipients on these programs may not be considered to be in prison as they have the ability to work, search for work, and be financially responsible for themselves and any dependants.
Additional factors to consider in determining payability for activity tested payments
The following factors should be considered when assessing whether the requirements of the order will allow the recipient to satisfy the activity test, and qualify for JSP, YA (other) or activity tested PP:
- provision to search for and take up new employment
- ability to attend interviews, AND
- whether any payment received by the recipient belongs to them.
Explanation: Orders are at the discretion of the judge, and therefore may vary.
If a recipient has a CSO requiring more than 20 hours per week attendance, they can be given a special circumstances exemption from the activity test (188.8.131.52). This would provide exemption for up to 13 weeks.
If a recipient has a CSO of up to 20 hours a week, i.e. part-time, they remain subject to the activity test, however the CSO should take precedence. Where there are schedule conflicts between the times and days of the CSO and participation in activities, the provider should discuss with the job seeker alternative activities that accommodate the CSO requirements while fulfilling the job seeker's activity test.
Act reference: SSAct section 23(5) For the purposes of this Act, a person is in gaol if…, section 1158 Some social security payments not payable during period in gaol or in psychiatric confinement following criminal charge