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.

3.11.14.90 Payment pending review - Job Seeker Compliance Framework

Introduction

The RAES begins on 1 November 2025, replacing the CDP. The service operates in RAES regions (formerly CDP regions). The RAES supports participants with the skills, mentoring and training they need to take up job opportunities, including those created through the Remote Jobs and Economic Development (RJED) program. Relevant information is being continually updated in the Social Security Guide.

This section concerns information on payment pending review under the compliance arrangements set out in SS(Admin)Act Part 3 Division 3A, otherwise known as the Job Seeker Compliance Framework (JSCF). These arrangements only apply to participants on participation payments who are declared program participants (that is, RAES participants) under the Social Security (Declared Program Participant) Determination 2025.

General principles

If a participant asks for a review of a decision to apply a serious failure period or an unemployment non-payment period by a review officer or the ART, they should be paid pending the finalisation of the review.

A participant can ask for a review of any decision that suspends their payment due to a NSNP (3.11.14.20), non-attendance or reconnection failure (3.11.14.30). However, a payment pending review is not available for these penalty types. This is because these penalty types are generally for small amounts and/or the penalty ends as soon as the participant re-engages.

If the decision to apply a serious failure or unemployment non-payment period is upheld on review, the penalty period commences from the participant's next pay period after notification of the final decision. If the participant has already partly served the penalty period, they are only required to serve the balance of it. The provisions relating to participation in a serious failure requirement, as well as whether a penalty would cause severe financial hardship, are applicable.

The rules for paying a participant pending review are set out in the Social Security (Administration) (Payment Pending Review) (DSS) Guidelines 2019.

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