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. Exemption for job seeker assistance or case management for under 18s

Circumstances of exemption

This exemption may be available to YA recipients, including early school leavers (1.1.E.05) who are in case management under the supervision of state or territory authorities or a community organisation, or who are receiving Commonwealth funded intensive assistance.

YA (job seeker) recipients who are not early school leavers will also be able to gain an exemption if they will gain access to intensive employment support within the next 13 weeks.

Explanation: It is intended to allow these young people to continue in case management rather than return to full-time education or training.

This exemption can also be given to young people in areas where the range of activities available is extremely limited, even though they are not in formal case management. The young person must be suitable for case management and agree to undertake intensive assistance or case management. Local knowledge of activities provided by community organisations will be essential in determining which are sufficient to satisfy a young person's requirements and which will be deemed approved activities.

Example: If no appropriate education or training place is available, and there is a limited labour market, young people can have participation in informal programs approved as activities if these are the only constructive activities accessible to them.

Act reference: SSAct section 543A(2A)(p) … is receiving Commonwealth funded intensive assistance …

Duration of exemption

The young person can be given an exemption for up to 13 weeks, subject to review at the end of that time.

Mutual obligation requirements (1.1.M.160)

Young people in case management or other community based support programs may have the capacity to do other activities. In these cases, the case management MAY be considered an approved activity, and other activities MAY be required to make up a full-time load. If the case management activities take up more than 15 hours per week, then no further activities would be required.

Act reference: SSAct section 543A(2A)(p) … is receiving Commonwealth funded intensive assistance …, section 543A(2B) If the following circumstances exist in relation to the person …, section 542 Situations in which a person is exempt from undertaking full-time study, section 542H Special circumstances exemption

SS(Admin)Act section 40L Circumstances making it unreasonable etc. to comply with requirements

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