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 YA 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
  • disability support pension
  • parenting payment, and
  • SpB NVH claimants.

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: 1 July 2021