3.11.5.60 Exemption following the death of person's partner

Introduction

A person receiving or claiming JSP, YA (other), SpB or PP whose partner has recently died may be temporarily exempted from mutual obligation requirements.

Criteria for exemption

A person qualifies for an exemption from their mutual obligation requirements if:

• the person's partner dies, and
• the person either
  • claims JSP/YA (other)/SpB/PP, or
  • if receiving JSP/YA (other)/SpB/PP, notifies of their partner's death.

Notice must be made by the surviving partner

For the purposes of this mutual obligation exemption, the recipient or their correspondence nominee (where there is one in place) must provide notice to Services Australia of the death of their partner, either verbally or in writing.

The notice cannot be made by a third party who is not a correspondence nominee including funeral homes, relatives and friends.

Duration of exemption

For most people, the exemption starts on the day the partner died and ends 14 weeks later.

For a person who was pregnant when their partner died, the exemption starts on the day the partner died and ends the later of:

• 14 weeks, or
• when the pregnancy ends.

Note: Following the end of the pregnancy, they may be eligible for PP or eligible for another exemption due to their pregnancy until 6 weeks after the birth of their child - even if stillborn or placed for adoption.