3.2.4.70 Caring Exemption for Under 18s

Circumstances of exemption

This exemption may be available in situations in which the young person is required to provide full-time care to an immediate family member with a temporary incapacity.

Example 1: Immediate family could include the person's parent, guardian, partner or sibling for whom the young person has sole care because the parents cannot exercise their responsibilities.

Example 2: Close family could include the person's aunts and uncles.

Act reference: SSAct section 543A(2A)(g) …is required to provide full-time care…, section 23(1) Dictionary, section 23(15) For the purposes of Part 2.11…

Policy reference: SS Guide 1.1.M.160 Mutual obligation requirements, 3.2.11.90 Mutual obligation requirements for YA early school leavers - inability to secure an appropriate place

Duration of exemption

The recipient can be given an exemption for up to 13 weeks, which can be extended subject to regular review. If longer than 13 weeks is required, it probably indicates that another payment, such as CP or CA may be more appropriate.

Act reference: SSAct section 543A(2B) If the following circumstances exist in relation to…

Policy reference: SS Guide 3.6.4.10 Qualification for CP, 3.6.7.30 Qualification for CA

Activity test (1.1.M.160) requirements

The recipient is not required to satisfy the activity test through full-time study or training for the duration of their exemption if they do not have capacity. However, an exemption from undertaking full-time study or training does not necessarily exempt the young person from the activity test. Delegates have discretion to determine whether other more appropriate activity test arrangements are required. Young people who, because of caring responsibilities, are unable to work full-time are still expected to undertake study or training or other approved activities appropriate to their capacity.

Act reference: SSAct section 543A(2A)(g) …is required to provide full-time care…, section 544B(4)(d) …the family and caring responsibilities…

Last reviewed: 7 November 2016