3.7.5.20 Who do the SpB mutual obligation requirements apply to?

SpB recipient who must satisfy mutual obligation requirements

Mutual obligation requirements apply to those receiving SpB who are capable of working, except for holders of CJSVs. The term capable refers to a person who would be required to meet the NSA or YA mutual obligation requirements had they otherwise qualified for that payment. In summary this covers a person who:

  • is of workforce age, i.e. has reached the minimum age for YA but has not reached age pension age, AND
  • would qualify for NSA or YA if they were an Australian resident.

Note 1: CJSV holders are not subject to mutual obligation requirements.

Note 2: Principal carer parents with a youngest child aged 6 and over receiving SpB are subject to part-time mutual obligation requirements (unless they are exempt from their mutual obligation requirements).

Who is considered capable of working?

When determining whether an SpB recipient is capable of working and therefore required to satisfy one of the SpB requirements, the following should be considered, whether:

  • the person would normally qualify for NSA or YA if residentially qualified, and if so
  • they would be required to satisfy the NSA or YA requirements.

Which SpB recipients are subject to which requirements?

SpB requirements SpB NVH mutual obligation requirements

Those people who are:

  • not NVHs and are of workforce age, AND
  • capable of working, AND
  • not exempt from having to satisfy requirements.

Those people who:

  • are NVHs of workforce age, AND
  • are capable of undertaking activities, AND
  • claim SpB after 1 January 2003 or were on SpB and reached workforce age after that date, AND
  • are not exempt from having to satisfy their mutual obligation requirements.

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

Act reference: SSAct section 731 Application of Subdivision, section 731N SpB Employment Pathway Plans-principal carers

Policy reference: SS Guide 3.2.8.10 Mutual Obligation Requirements for NSA/YA Job Seekers Overview, 3.2.8.20 Who Do Mutual Obligation Requirements Apply To?, 3.7.5.10 What are the SpB mutual obligation requirements?

Last reviewed: 1 July 2019