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.

3.2.1.90 Continuation, variation or termination of JSP

Continuation

Once JSP has been granted to a person, it continues to be paid until ANY of the following occurs:

  • the person
    • loses basic qualification
    • transfers to another payment
    • fails to comply with a notification requirement, OR
    • is required to lodge a continuation form for a specified period and fails to lodge, OR
  • the allowance becomes not payable for other reasons.

Variation

JSP rates may be varied for the following reasons:

  • there is a change in the recipient's circumstances, OR
  • it is determined that the amount of JSP being paid is incorrect.

Cancellation or suspension

JSP can be cancelled or suspended if a person no longer qualifies for the payment or JSP is no longer payable. The decision maker must consider whether the correct or preferable decision is to cancel or suspend in the particular circumstances of the case. However, normally suspension may occur for very short periods of time.

JSP can be cancelled if a recipient has been requested to bring in a document relevant to their payment and they fail to do so.

Example 1: A JSP recipient is remanded in custody for 5 days, and JSP may be suspended.

Example 2: A JSP recipient travels overseas, and JSP may be cancelled.

Example 3: A JSP recipient is asked to bring in their superannuation documents and fails to do so. Their JSP may be cancelled.

JSP can be restored and paid if it is subsequently determined that the person meets the qualification and payability criteria.

A recipient's payment cannot be cancelled only because they are serving a compliance penalty period. However, if the recipient is serving a compliance penalty period and they no longer qualify for JSP or if they are no longer payable for some other reason, then the payment may be cancelled.

Act reference: SS(Admin)Act section 80 Cancellation or suspension determination

Death of recipient

The estate of a deceased single JSP recipient is NOT entitled to one further instalment after the death of the recipient. However, payment should always be made up to the end of the day immediately before the day on which the person dies.

If the person was a member of a couple (1.1.M.120), the partner may qualify for some bereavement assistance.

Act reference: SS(Admin)Act section 123 Continuing effect of determinations

Death of partner

If the person is a member of a couple and their partner dies, the person may qualify for some bereavement assistance.

Act reference: SSAct Part 2.12 Division 9 Bereavement payments

Death of a principal carer's child

If a person is receiving JSP as the principal carer (1.1.P.412) of a dependent child and the child dies, the person may qualify for some bereavement assistance.

Act reference: SSAct section 660M Death of child-continuation of JSP rate for 14 weeks

Policy reference: SS Guide 3.1.5.98 Death of dependent child under 16 years - JSP & YA recipients

Last reviewed: