3.11.10 Mutual obligation requirements for people receiving SpB
SpB Mutual obligation requirements
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.
- 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