18.104.22.168 Payability of JSP
Even though a person is qualified, JSP is NOT payable to the person in the circumstances listed in the following table. Where more detail about the circumstance is required, the second column indicates where you will find this.
|The person is subject to RapidConnect provisions.||3.11.12 Initial connection to employment services (RapidConnect)|
|The person does not meet the requirements of the income and assets tests.||Part 4 Income & assets|
The person is a full-time student, OR
|The person has incurred a participation failure.||22.214.171.124 Types of failures & penalties|
|Allowance is not payable before the start day.||8.3 Start days|
|Other common payability provisions.||8.4 Payment methods|
3.1.2 Waiting & preclusion periods
3.1.7 Seasonal work preclusion period
126.96.36.199 Financial penalties (targeted compliance framework)
3.11.14 Consequences for not meeting mutual obligation requirements – CDP job seeker compliance framework
3.1.4 Imprisonment, psychiatric confinement & prison release
188.8.131.52 Compensation & payability
184.108.40.206 Lump Sum Preclusion Period - General
3.1.12 Employment income nil rate period
Act reference: SSAct section 611 Assets test-JSP not payable if assets value limit exceeded, section 612 Value of assets of members of couples
Except in the circumstances referred to in the table above, of transferees receiving PES (220.127.116.11), generally JSP is NOT payable to a person from the day the person commences a full-time course of education or vocational training UNLESS either:
- the person has claimed ABSTUDY and JSP continues for 3 weeks after the course commences, OR
- it is an approved activity and JSP continues.
Courses of education & training
In the context of assessing payability of JSP a course of education or training refers to:
- an approved course under the Student Assistance (Education Institutions and Courses) Determination 2019 and courses under subsections 5D(1) and 3(1) of the Student Assistance Act 1973, OR
- a course which is similar to a minister-approved course undertaken at any institution, but is approved by the Secretary, OR
- a course which leads to educational or vocational qualifications or increases job skills, even if the course is of short duration and not routinely approved by Services Australia to meet mutual obligation requirements (1.1.M.160).
Except for the circumstances listed above, JSP is not normally payable during any annual vacation period that falls within the duration of the course. However, if a person is unsure of their further studies during a vacation period, they may be eligible for JSP, provided they are able to satisfy the qualification criteria.
Example: A 22 year old graduate who completed a course last semester and is awaiting confirmation of acceptance into a graduate course.
JSP may be available where the student withdraws from their course. JSP is payable from the date the educational institution is formally notified or on the day after the date of last attendance, if formal notification is not required.
Act reference: SSAct section 613 Full-time students
Student Assistance Act 1973 section 5D Minister may determine secondary and tertiary courses etc., section 3(1) Interpretation
Employment income nil rate period - an incentive to take up work
During the employment income nil rate period a JSP recipient can:
- be paid certain supplementary benefits, and
- retain their HCC or PCC if assessed as having a partial capacity to work, and
- have their payment resumed if they report a fall in income sufficient for JSP to be payable again.
Explanation: This policy provides incentives for JSP recipients to take up work, particularly casual or short-term work.
Act reference: SSAct section 23(4A) Despite subsection (4) …, section 23(4AA) For the purposes of subsection (4A) …, section 1061ZEA Further extended qualification rule: loss of payment because of employment income, section 1061ZMA Further extended qualification rule: loss of payment because of employment income
Payment during temporary absences overseas
A person must be in Australia to qualify for JSP. Once qualified, they may continue to receive JSP during a temporary absence from Australia for 6 weeks or less in limited circumstances as outlined in the portability table.
On 20 March 2020, NSA ceased, JSP is now the main income support payment for unemployed people of working age. The same NARWP rules apply to JSP as previously applied to NSA.
From 1 January 2019 changes were made to the NARWP for NSA. A person who is granted a permanent visa on or after 1 January 2019 is subject to a 208 week NARWP for NSA. A person who was a holder of a permanent visa before 1 January 2019 is subject to a 104 week NARWP for NSA. These changes now apply to JSP.
Note: Different payments have different waiting periods. The length of the NARWP depends on a person's situation and payment type. A person who has fully served a NARWP for one payment may still be serving a NARWP for other payments. Refer to specific payment guide topics for individual rules.
Exemptions from the NARWP
There are a number of exemptions from the NARWP for JSP, and situations where a NARWP does not apply (see 18.104.22.168 for details). These include:
- Australian citizens
- refugee, former refugee or family member of a refugee
- people who became a lone parent after becoming an Australian resident.
Note: A person who has a QRE for JSP will receive an exemption to the NARWP for JSP.
Act reference: SSAct section 623A(2) to section 623A(8) Subsection (1) does not apply to a person … (JSP), section 7(6AA)(f) A person also has a qualifying residence exemption …
FA Guide 22.214.171.124 NARWP for FTB Part A
PPL Guide 2.4.3 NARWP for PLP