3.8.3.10 Qualification for PES

Qualification (1.1.Q.10) criteria

To qualify for PES, a person must meet the criteria listed in the following table. If more detail about a criterion is required, the second column indicates where you will find this.

Attracting payments

PES is available to people receiving the following income support payments:

• under the SSAct
  • carer payment
  • disability support pension
  • PP (single)
  • PPP recipients in certain circumstances
  • JSP where the recipient has transferred from WP (on 20 March 2020) or DSP (in certain circumstances) to JSP, and
  • JSP, where the recipient is a single principal carer
  • SpB, IF the person is a sole parent, AND
• under the VEA
  • invalidity service pension
  • partner service pension, IF the partner receives invalidity service pension
  • war widow/ers pension under VEA Part II, IF the widow/er has a dependent child (1.1.D.70)
  • defence widow/er's pension under VEA Part IV, IF the widow/er has a dependent child.

People transferring from WP to JSP on 20 March 2020

WP ceased on 20 March 2020 and relevant recipients were transferred to JSP.

WP recipients who were receiving PES on 19 March 2020 and transferred to JSP will continue to receive PES for the duration of the course they were undertaking on 19 March 2020, providing they continue to receive JSP.

Act reference: Social Services Legislation Amendment (Welfare Reform) Act 2018 Schedule 3 item 104(3) Savings provisions-qualification for payments

People granted DSP from 11 May 2005 to 30 June 2006 & transferred to JSP as a result of their first review of DSP entitlement after 1 July 2006

A person granted DSP between 11 May 2005 and 30 June 2006 may be reviewed after 1 July 2006 and reassessed against the new DSP eligibility criteria, particularly the 15 hours work capacity criterion. If the person's work capacity is assessed at 15 hours or more, the person will be transferred to JSP (if all eligibility criteria are met). If the person was receiving PES and no longer receives DSP as a result of the first review of DSP entitlement after 1 July 2006, the person will retain access to PES for the duration of the qualifying course, providing the person continues to receive JSP.

Note: NSA was replaced by JSP from 20 March 2020.

PPP recipients with a partial capacity to work

A person who is receiving PPP, who has a partial capacity to work due to disability and who was a transitional DSP applicant may be eligible for PES so long as PES relates to the particular course of study that they were studying and in relation to which they were receiving PES prior to leaving DSP.

A transitional DSP applicant, in this respect, is someone who was granted DSP between 11 May 2005 and 30 June 2006, and ceased receiving the payment as a result of the person's first review under the new qualification provisions, including the 15 hour rule, after 1 July 2006.

This means that a person who was a transitional DSP recipient (and who does not qualify for DSP as the result of the person's first review after 1 July 2006) and who has a partial capacity to work can move from:

• DSP to benefit PPP
• DSP to YA to JSP to benefit PPP, or
• DSP to JSP to benefit PPP

and continue receiving PES for the course they were undertaking when they cease to qualify for DSP.

Note: A person who receives pension PPS at ANY time after the person ceased to qualify for DSP cannot access PES under SSAct subsection 1061PJ(2D). Pension PPS recipients already have access to PES in their own right while on that payment.

PES eligibility for single principal carers receiving JSP

Single principal carers that are receiving JSP are eligible to receive PES, if they are undertaking qualifying study.

Note: Principal carers who are receiving JSP are not eligible for PES once their youngest child turns 16 as they no longer qualify as a principal carer.

Multiple entitlement exclusion

A person who receives PES is not also able to receive LLNS. If a person applies for PES for attending Language, Literacy and Numeracy training and is found eligible to receive the payment then LLNS should be cancelled as it is not payable to them while they receive PES.

Receiving a pension, benefit or allowance

A person is taken to be receiving a pension, benefit or allowance from the earliest day on which the payment is payable to them, EVEN if the first instalment of the payment is not paid until a later day.

PES during an employment income nil rate period

A person who is qualified for PES can receive it during an employment income nil rate period, because during that period they are taken to be receiving (1.1.R.55) their social security pension or benefit for the purposes of PES.

Residence requirements (1.1.R.210)

To satisfy the residence requirements for PES, a person must:

• be an Australian resident, AND
• be in Australia (1.1.A.320), OR
• be absent
  • for the purpose of undertaking part of their qualifying study, for any duration, or
  • for any other reason, for a maximum of 6 weeks.

PES age

To qualify for PES, a student must:

• be at least 16 years of age, OR
• have reached the minimum school leaving age under the law of their state or territory, AND be regarded as independent under SSAct section 1061PL.

In this context, a person is independent if they:

• have a dependent child
• are an orphan
• are a refugee (1.1.R.110)
• have parents who are unable to exercise normal responsibilities
  
  • Examples: Parents are in prison or in a nursing home or missing.
• are in state care, or
• could not reasonably be expected to live at home due to family breakdown or risk to physical or mental wellbeing and are not receiving continuous support from a parent or guardian.

There is no maximum age limit for PES.

Proper claim

A person must lodge a proper claim before PES can be granted.