3.11.10 Mutual obligation requirements for people receiving SpB

SpB Mutual obligation requirements

Mutual obligation requirements apply for those receiving SpB (NVH) who are capable of working, except for holders of CJSVs.

There are 2 types of mutual obligation requirements that apply to SpB:

  • requirements which are based in policy for SpB non-NVH recipients, and
  • the SpB NVH requirements which are based in legislation.

SpB NVH recipients have the same mutual obligation requirements, and consequences for non-compliance as JSP/YA (other) recipients. A NVH is someone who:

  • holds a visa that has been issued for temporary protection, humanitarian, safe haven or pending removal purposes (currently visa subclasses 070, 449, 785, 786 and 790), and
  • is of workforce age, i.e. has attained the minimum age for YA (other) but has not attained age pension age, and
  • would not qualify for DSP if the person were an Australian resident, and
  • applied for SpB after 1 January 2003 or was on SpB and reached workforce age after that date.

Non-NVH SpB recipients who are considered capable of looking for and undertaking work must meet their mutual obligation requirements by:

  • registering as a job seeker with Services Australia and complete an appropriate claim for assistance from employment services, AND
  • accepting referrals to and enrol with an employment services provider, AND
  • demonstrating that they are actively looking for suitable work, AND
  • entering into a Job Plan, AND
  • undertaking the activities outlined in their Job Plan.

When determining whether an SpB recipient is capable of working and therefore required to satisfy 1 of the SpB requirements, the following should be considered, whether:

  • the person would normally qualify for JSP or YA (other) if residentially qualified, and if so
  • they would be required to satisfy the JSP or YA (other) requirements.

Note: SpB recipients with mutual obligation requirements which are based in policy are not subject to compliance action.

Act reference: SSAct section 23(1)-'nominated visa holder', section 736 Secretary may require certain persons to attend courses or undertake work, section 737 Full-time students, section 731M SpB Employment Pathway Plans-terms

Last reviewed: 20 March 2020