Claim not required
The Secretary may determine that a person be transferred from any income support payment to any other income support payment without making a claim provided that:
- qualification for the 2 payments is either overlapping or continuous
- there is nothing that would prevent the transfer being effected by the person claiming and being granted and paid the second payment over the same time frame as is provided for under the provisions for transfer without making a claim
- the backdating of the transfer is limited to 13 weeks from the date of the decision to transfer. That is, the transfer should be backdated to the date of qualification or 13 weeks, whichever is the later date. This applies only to decisions made on or after 1 January 2008, and
- it is not possible to transfer to a closed payment after 1 January 2008.
Act reference: SS(Admin)Act section 12 Deemed claim in certain cases
SSAct section 23(1)-'income support payment'
Verification requirements for transfers
If a person is transferring between a social security pension or benefit either with or without a claim, they do NOT need to provide full POI if previous POI was acceptable.
If a person is transferring to a payment that requires more proof of age or residence, normal verification procedures for these details apply.
Act reference: SSAct section 23(1)-'social security pension', section 23(1)-'social security benefit'
Policy reference: SS Guide 2.2 Verification
Transfers to NSA or YA job seeker
Under RapidConnect, a person transferring to NSA or YA job seeker may be required to attend an initial interview with their employment services provider before NSA or YA becomes payable to them through a transfer.
Act reference: SSAct section 615 NSA 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
SS(Admin)Act section 63 Requirement to attend Department etc.
Apart from exceptional cases, a person must lodge a claim to transfer to DSP, SA or CP. This is because the claim procedures for these payments are designed to ensure specific qualification requirements are met.
However, a person who is seeking to claim DSP or SA will lodge a combined claim for NSA (provisional) and DSP or SA. The person will be placed on NSA (provisional) while their claim for DSP or SA is being assessed. If assessed as eligible for DSP or SA, these people will be transferred from NSA (provisional) to DSP or SA without the need to lodge a separate claim for DSP or SA.
Explanation: Exceptional cases are limited to vulnerable people. Vulnerable people are those who have a mental health condition and either lack insight into their mental health condition or live in a remote community with little or no access to health services.
Application of transfer without a claim - Age & wife Age
|New payment type||Requirement for transferring to new payment type|
Case where it is best NOT to transfer to Age
There are some cases where it is in the person's interests to remain on the original pension rather than transferring to Age.
Example 1: A WidB in receipt of compensation income should not be transferred to Age. This is because since 20 March 1997 compensation income is assessed as a direct deduction for Age but is assessed as ordinary income for WidB. The person would experience a reduction in rate (or cancellation) if a transfer were to proceed.
Example 2: In some circumstances it may be in the person's interest to remain on CP, rather than transfer to Age. For example, if the care receiver did not have a partner, or the partner was not a pensioner or beneficiary, the carer receiving CP is entitled to a bereavement lump sum payment in addition to continuation of pension during any bereavement period.
Example 3: CP and DSP recipients can receive PES so are better off NOT transferring to Age.
Application of transfer without a claim - PP
Previously, under the SSAct, there were special provisions exempting the following recipients from having to complete a claim for PP:
- a person receiving WP or CP (caring for a partner) whose pensioner partner dies, AND
- a person receiving PA who becomes qualified for PP because the person now has a PP child (1.1.P.340).
The ability to transfer these people to PP without a claim is now supported by SS(Admin)Act section 12. Section 12 also removes the requirement to complete a claim form for all other recipients transferring from another income support payment to PP.