18.104.22.168 Payment pending review - compliance framework
This section concerns information on payment pending review under the compliance arrangements set out in SS(Admin)Act Part 3 Division 3A. These arrangements only apply to job seekers on participation payments who are declared program participants (i.e. CDP participants) under the Social Security (Declared Program Participant) Determination 2018.
If a job seeker asks for a review of a decision to apply a serious failure period or an unemployment non-payment period by a review officer or the AAT, they should be paid pending the finalisation of the review.
Although a job seeker can also ask for a review of any decision to suspend payment or apply a NSNP penalty, a non-attendance failure penalty or a reconnection penalty, payment pending review is not available for these penalty types. These penalty types are generally for small amounts and they end as soon as the job seeker re-engages. To be paid pending review, a job seeker is required to meet their requirements anyway. Therefore, if a job seeker was paid pending the review of one of these decisions, their normal payments would resume once they re-engaged and payment pending review would be unnecessary.
If the decision to apply a serious failure or unemployment non-payment period is upheld on review, the penalty period commences from the job seeker's next pay period to start after notification of the final decision. If the job seeker has already partly served the penalty, they are only required to serve the balance of it. The provisions relating to participation in a compliance activity and financial hardship are applicable.
The rules for paying a job seeker pending review are set out in the Social Security (Administration) (Payment Pending Review) (DEEWR) Guidelines 2009 and the Social Security (Administration) (Payment Pending Review) (FaHCSIA) Guidelines 2009.