126.96.36.199 Continuation, Variation or Termination of NSA
Once NSA has been granted to a person, it continues to be paid until ANY of the following occurs:
- the person:
- loses basic qualification, OR
- transfers to another payment, OR
- fails to comply with a notification requirement, OR
- is required to lodge a continuation form for a specified period and fails to lodge, OR
- the allowance becomes not payable for other reasons.
NSA rates may be varied for the following reasons:
- there is a change in the recipient's circumstances, OR
- it is determined that the amount of NSA being paid is incorrect.
Cancellation or suspension
NSA can be cancelled or suspended if a person no longer qualifies for the payment or NSA is no longer payable. The decision maker must consider whether the correct or preferable decision is to cancel or suspend in the particular circumstances of the case. However, normally suspension may occur for very short periods of time.
NSA can be cancelled if a recipient has been requested to bring in a document relevant to their payment and they fail to do so.
Example 1: An NSA recipient is remanded in custody for 5 days, and NSA may be suspended.
Example 2: An NSA recipient travels overseas, and NSA may be cancelled.
Example 3: An NSA recipient is asked to bring in their superannuation documents and fails to do so. Their NSA may be cancelled.
NSA can be restored and paid if it is subsequently determined that the person meets the qualification and payability criteria.
An NSA recipient's payment cannot be cancelled if their payment is not payable only because they are serving a compliance penalty period. An NSA recipient's NSA may be cancelled if they are serving a compliance penalty period and they no longer qualify for the payment or NSA is no longer payable for some other reason.
Act reference: SS(Admin)Act section 80 Cancellation or suspension determination
Death of recipient
The estate of a deceased single NSA recipient is NOT entitled to one further instalment after the death of the recipient. However, payment should always be made up to the end of the day immediately before the day on which the person dies.
If the person was a member of a couple (1.1.M.120), the partner may qualify for some bereavement assistance.
Act reference: SS(Admin)Act section 123 Continuing effect of determinations
Death of partner
If the person is a member of a couple and their partner dies, the person may qualify for some bereavement assistance.
Act reference: SSAct section 660LA Qualification for payments under this Subdivision
Death of a principal carer's child
- a person is receiving NSA as the principal carer of a dependent child, AND
- the child dies, THEN
the person's rate of payment should be worked out as if the child had not died for a period of 14 weeks from the date of the child's death. That is, despite the person ceasing to be the principal carer of the child following the child's death, they should continue to be paid at the rate at which they would have otherwise been payable as a principal carer for a period of 14 weeks.
Note: This provision only affects single principal carer parents in receipt of NSA because partnered NSA recipients receive the same rate of payment whether they are principal carers or not.
Example: Ming-Lee is a single principal carer on NSA with one dependent child, Xi, aged 10. Immediately prior to Xi's death, Ming-Lee had been home schooling Xi and was receiving a rate of NSA equal to basic rates of PPS. Despite the fact that Ming-Lee is no longer a principal carer following Xi's death, she would continue to be paid 14 weeks of NSA at the rate equivalent to the PPS rate she would have received if Xi had not died. When this period comes to an end Ming-Lee's rate of payment would be changed to NSA single, as long as her circumstances have not changed in the meantime.
The following should be noted during the bereavement period:
|recipient loses qualification or payability for NSA during the bereavement period,||NSA may be cancelled or suspended.|
|the recipient's income changes during the bereavement period,||the rate of NSA is affected accordingly.|
|deceased child would have turned 16 during the bereavement period,||the bereavement period continues to cover a 14 week payment period from the date of the child's death.|
Act reference: SSAct section 660M Death of child-continuation of NSA rate for 14 weeks, section 1068-B1 Maximum basic rate