3.7.5.10 What are the SpB mutual obligation requirements?

Summary

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.

SpB NVH recipients have the same mutual obligation requirements as NSA/YA recipients, refer to 3.2.8.10.

Who is a 'NVH'?

A NVH is someone who:

  • holds a visa that has been issued for temporary protection, humanitarian, safe haven or pending removal purposes. These visa subclasses are currently 070, 449, 785, 786 and 790
  • is of workforce age, i.e. has attained the minimum age for YA 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.

Act reference: SSAct section 23(1)-'nominated visa holder'

Mutual obligation requirements of SpB recipients

SpB recipients who are considered capable of looking for and undertaking work must meet their mutual obligation requirements by:

Recipient Status Requirements
SpB (non-NVH) mutual obligation requirements (based in policy) Must:
  • register as a job seeker with DHS and complete an appropriate claim for assistance from employment services, AND
  • accept referrals to and enrol with an employment services provider, AND
  • demonstrate that they are actively looking for suitable work, AND
  • enter into a Job Plan, AND
  • undertake the activities outlined in their Job Plan.

Note: SpB recipients with mutual obligation requirements which are based in policy are not subject to compliance action.

SpB NVH mutual obligation requirements (based in legislation) Must:
  • register as a job seeker with DHS, AND
  • accept referrals to and enrol with an employment services provider, AND
  • demonstrate that they are actively looking for suitable work, AND
  • enter into a Job Plan, AND
  • comply with the terms of their Job Plan, AND
  • participate in activities, if required.

Note: SpB recipients with mutual obligation requirements which are based in legislation are subject to the compliance arrangements set out in the SS(Admin)Act. As such, if a job seeker fails to undertake their mutual obligation requirements they may be subject to action under the targeted compliance framework (3.1.14) or, the job seeker compliance framework (3.1.13) if they are CDP participants.

Act reference: SSAct 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

Policy reference: SS Guide 3.2.9.30 Job Search - Setting Job Search Requirements - General

Principal carer parents

Principal carer parents on SpB with a youngest child aged 6 years or over are subject to part-time mutual obligation requirements (unless they are exempt from their mutual obligation requirements). Refer to 3.2.8.10.

Act reference: SSAct section 16B Partial capacity to work, section 731N SpB Employment Pathway Plans-principal carers

People with a partial capacity to work

Spb recipients assessed as having a partial capacity to work will be subject to mutual obligation requirements to match their assessed capacity to work. Refer to 3.2.8.10.

Act reference: SSAct section 16B Partial capacity to work, section 731P SpB Employment Pathway Plans-people with partial capacity to work

Suitable work opportunities

As with NSA recipients, SpB recipients should be seeking and accepting any suitable employment, not just work that they would prefer to do. SpB recipients are not expected to look for or accept unsuitable work.

Act reference: SSAct section 731B Meaning of unsuitable work for the purposes of the activity test

Last reviewed: 1 July 2019