18.104.22.168 What are the SpB mutual obligation requirements?
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.
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:
|SpB (non-NVH) mutual obligation requirements (based in policy)||Must:
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:
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 22.214.171.124 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 126.96.36.199.
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 188.8.131.52.
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