184.108.40.206 Qualification for SpB
This topic explains the qualification criteria for SpB, and the situations in which a person cannot qualify for SpB.
Qualification (1.1.Q.10) criteria
To qualify for SpB, a person must meet the criteria listed in the following table. Where more detail about a criterion is required, the second column indicates where you will find this.
|ALL of the following|
|Be UNABLE to receive any other social security pension or benefit, AND||This topic|
|Be in financial hardship and unable to obtain or earn a sufficient livelihood for themselves and any dependants, AND||220.127.116.11 Assessment of SpB claims|
|Be in Australia (1.1.A.320) throughout the period for which payment is sought, AND||-|
|ONE of the following|
|Be an Australian resident, OR||-|
|Be the holder of a specified subclass of visa.||This topic|
Act reference: SSAct section 23(1)-'social security pension', section 23(1)-'social security benefit', section 7(2) Australian residence definitions
Unable to receive any other social security pension or benefit
SpB is ONLY available to a person who CANNOT receive any other income support payment under social security legislation. This means a person MAY receive SpB if they are qualified for another payment AS LONG AS:
- that payment is not yet payable, AND
- if the payment they would receive is JSP, YA or Austudy, the reason for non-payment is not related to
- mutual obligation or study requirements failure in some form, OR
- failing to comply with the other Act requirements, OR
- if the payment they would receive is PP, the reason for non-payment is not related to
- a PP breach non-payment period, OR
- failure to enter into a participation agreement.
Exception: War widows who have been receiving a social security benefit continuously since before 1 November 1986 may be eligible for payment of SpB subject to meeting all other qualification criteria.
Act reference: SSAct section 735(3)(c) SpB is not payable to a woman if …
Holder of a specified subclass of visa
Holders of the following temporary visas MAY be paid SpB even though they are not Australian permanent residents:
- subclass 820 - Partner
- subclass 309 - Partner (Provisional)
- subclass 785 - Temporary Protection
- subclass 786 - Temporary (Humanitarian Concern)
- subclass 790 - Safe Haven Enterprise
- subclass 449 - Humanitarian Stay (Temporary)
- CJSV (9.2.14) - issued specifically for the purpose of assisting in the administration of criminal justice in relation to an offence of trafficking in persons, slavery or slavery like practices
- subclass 060 - Bridging F, and
- subclass 070 - Bridging (Removal Pending).
Note: Holders of visa subclasses 309 and 820 (Partner) qualify for SpB as a result of a determination under SSAct 729(2)(f)(v), but for applications for SpB made from 1 January 2012 these visa holders will be required to serve the SpB 2 year NARWP unless they have experienced both financial hardship and a substantial change in circumstances beyond their control after arrival in Australia. Refer 18.104.22.168.
Act reference: SSAct section 729(2)(f) The Secretary may, in his or her discretion …
Policy reference: SS Guide 22.214.171.124 Newly arrived resident's waiting period (NARWP), 126.96.36.199 Payability of SpB, 188.8.131.52 SpB for people not residentially qualified for other payments, 9.2 Visa subclasses & payment eligibility for visas issued after 1/9/94
Some people CANNOT qualify for SpB
The following people CANNOT qualify for SpB, a person who:
- is voluntarily unemployed, OR
- elects to devote their efforts to the establishment or conduct of a business venture which may at the time of application be unprofitable, OR
- perseveres with an unprofitable venture.
Explanation: These people have control over their circumstances, and therefore should not be granted SpB.