8.1.2.40 Claim determination - payment specific provisions

Summary

This topic explains the following information about claim determination:

  • determination of JSP, YA, Austudy and SpB NVH claims, and
  • seasonal work preclusion period.

Determination of claims - JSP, YA, Austudy & SpB NVH claimants

A delegate must grant a claim for JSP, YA, Austudy and SpB NVH if the claimant is qualified or expected to be qualified, and the allowance is payable except for the application of:

  • a waiting period
  • a compliance penalty period
  • an income maintenance period
  • the operation of section 615 (JSP) or section 547AA (YA (other)) (allowance not payable if person fails to attend interview etc in certain circumstances).

Act reference: SS(Admin)Act section 37(2) The Secretary must determine that a claim for a JSP …, section 37(6) The Secretary must determine that a claim for YA or Austudy …

SSAct section 615 JSP not payable if person fails to attend interview etc. in certain circumstances, section 547AA Youth allowance not payable if person fails to attend interview etc. in certain circumstances

Seasonal work preclusion period

A delegate must grant a claim for a payment subject to an SWPP if:

  • the claimant is qualified or expected to be qualified, and
  • the payment would be payable if it were not for an SWPP.

The following payments are subject to SWPPs:

  • jobseeker payment
  • youth allowance
  • partner allowance
  • widow allowance
  • austudy payment
  • carer payment
  • sickness allowance
  • disability support pension
  • parenting payment, and
  • SpB NVH claimants.

Note: SA closed to all new entrants on 20 March 2020 and ceases on 20 September 2020.

Those receiving SA before 20 March 2020 may continue to receive the payment for the length of their medical certificate, as long as they remain eligible, or may transfer to JSP (1.2.1.05).

From 20 March 2020, SA recipients who require income support after their current medical certificate expires must transfer to JSP or another income support payment.

Act reference: SS(Admin)Act section 37(3) The Secretary must determine that a claim for a social security payment …, section 37(4) Subsection (3) applies to the following social security payments …

SSAct section 745M Seasonal workers, section 16A(1)-'seasonal work preclusion period'

Policy reference: SS Guide 8.1.2.10 Claim Determination - Summary of the Legislation

Last reviewed: 20 March 2020