The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

12.2.4 Exempt welfare payment recipient

Definition

Exempt welfare payment recipient for the enhanced income management regime has the same meaning as in SS(Admin)Act Part 3B.

The Secretary may determine that a person is an exempt welfare payment recipient if any of the below criteria are satisfied:

  • the person

    • is at least 16 years old
    • is receiving special benefit
    • is not a nominated visa holder, and
    • is not the principal carer of a child who is aged under 6 years.
  • the person is not the principal carer of a child, and
    • is a full‑time student or a new apprentice, or
    • has received less than 25% of the maximum basic rate of an eligible payment in at least 4 of the previous 6 fortnights (other than because a compliance penalty period applied).
  • the person is the principal carer of a child who is a school age child or younger and
    • for each school age child

      • the child is enrolled in school and has had no more than 5 absences for unsatisfactory reasons
      • the child has had more than 5 absences for unsatisfactory reasons, but the person is taking reasonable steps to ensure attendance at school
      • the child is covered by a schooling arrangement (for example, the child is home-schooled) and the child’s schooling is progressing satisfactorily, or
      • the child has a terminal condition and is participating in a program of treatment.
    • for each non-school age child, the person or the child is participating in the required number of activities relating to health and/or development, and
    • the person is not experiencing indications of financial vulnerability.

Act reference: SS(Admin)Act section 123UGB Exempt welfare payment recipient—inclusion in specified class, section 123UGC Exempt welfare payment recipient—person is not the principal carer of a child, section 123UGD Exempt welfare payment recipient—person is the principal carer of a child, section 123UGF Full-time student, section 123UGG School age child

Social Security (Administration) (Classes of Exempt Welfare Payment Recipients) Specification 2020

Social Security (Administration) (Exempt Welfare Payment Recipients — Principal Carers of a Child) (Specified Activities) Instrument 2015

Social Security (Administration) (Exempt Welfare Payment Recipients - Principal Carers of a Child) (Indications of Financial Vulnerability) Principles 2020

Social Security (Administration) (Enhanced Income Management Regime—Commonwealth Referrals and Exemptions) Determination 2023

Last reviewed: