3.11.5.60 Exemption following the death of person's partner

Introduction

A person receiving or claiming JSP, YA (other), SpB or PP whose partner has recently died may be temporarily exempted from mutual obligation requirements.

Criteria for exemption

A person qualifies for an exemption from their mutual obligation requirements if the following events occur on or after 20 March 2020:

  • the person's partner dies, and
  • the person either
    • claims JSP/YA (other)/SpB/PP, or
    • if receiving JSP/YA (other)/SpB/PP, notifies of their partner's death.

Notice must be made by the surviving partner

For the purposes of this mutual obligation exemption, the recipient or their correspondence nominee (where there is one in place) must provide notice to Services Australia of the death of their partner, either verbally or in writing.

The notice cannot be made by a third party who is not a correspondence nominee including funeral homes, relatives and friends.

Duration of exemption

For most people, the exemption starts on the day the partner died and ends 14 weeks later.

For a woman who was pregnant when her partner died, the exemption starts on the day the partner died and ends the later of:

  • 14 weeks, or
  • when the pregnancy ends.

Note: Following the end of the pregnancy, a woman may be eligible for PP or eligible for another exemption due to their pregnancy until 6 weeks after the birth of their child - even if stillborn or placed for adoption.

Examples:
  • A non-pregnant person claims JSP on 1 April 2020 6 weeks after the death of their partner, and notifies Services Australia of the death of their partner at that time. The mutual obligation exemption takes effect immediately upon grant and ends 8 weeks later, that is, 14 weeks after the partner's death.
  • A pregnant woman who is receiving JSP notifies on 10 April 2020 that her partner died on 1 April 2020 and that she is due to give birth on 3 June 2020. As the period between the date of her partner's death and the date she is due to give birth is less than 14 weeks, her mutual obligation exemption period is 14 weeks starting on 1 April 2020.
  • A pregnant woman who is receiving JSP notifies on 10 April 2020 that her partner died on 1 April 2020 and that she is due to give birth on 2 November 2020. As the period between the date of her partner's death and the date she is due to give birth is more than 14 weeks, her mutual obligation exemption starts on 1 April 2020 and ends on 2 November 2020. However, if she gives birth before or after 2 November 2020, the mutual obligation exemption is changed to end when the child is born. However, the woman may be eligible for PP or eligible for another exemption due to their pregnancy until 6 weeks after the birth of their child - even if stillborn or placed for adoption.

Act reference: SSAct section 602AA Relief from activity test-death of person's partner (JSP), section 731DAA Relief from activity test-death of person's partner (SpB), section 542EA Relief from activity test-death of person's partner (YA), section 502BA Death of a person's partner (PP)

Last reviewed: 20 March 2020