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.

3.8.11 LLNS - qualification & payability

Qualification

To be qualified for the LLNS a person must be receiving an eligible income support payment and be participating in the Skills for Education and Employment (SEE) Program, which is administered by the Department of Employment and Workplace Relations.

Participants must undertake at least one day of SEE Program training during the instalment period and not receive PES, or an APWS for that period to receive LLNS. A person who is receiving income support at a nil rate is still eligible to receive LLNS.

The eligible income support payments include:

  • jobseeker payment
  • youth allowance
  • parenting payment, and
  • disability support pension.

Payability

LLNS is not payable unless the participant has participated in at least one day of training during a pay period. Some instances where a person is considered to be participating, but did not attend training with the provider may include when the person is suspended from training.

The SEE provider is required to advise the Department of Employment and Workplace Relations of the commencement, suspension or exit of a participant from approved training under the SEE program. This information is subsequently communicated to Centrelink.

Participants are not required to complete a 'claim for payment' application form to receive LLNS. They also do not need to demonstrate that they have additional costs in undertaking the training.

Act reference: SSAct section 1047 Definition, section 1048 General statement of qualification, section 1049 LLNS not payable in certain circumstances, section 1050 Rate increase attributable to LLNS

SS(Admin)Act section 12B Language, literacy and numeracy supplement

Income Tax Assessment Act 1997 section 52-15 Supplementary amounts of payments

Policy reference: SS Guide 3.8.18 APWS - qualification & payability, 2.2.13 Supplementary benefits verification, 5.1.7 Supplementary benefits - current rates, 3.8.3.10 Qualification for PES, 5.3.1.10 Taxation of payments & PAYG payment summary - individual non-business

LLNS during an employment income nil rate period

A recipient who is qualified for LLNS can receive this payment during an employment income nil rate period, because during that period they are taken to be receiving (1.1.R.55) their social security pension or benefit for the purposes of LLNS.

Example: Elizabeth is receiving PPS and she is undertaking SEE training to improve her writing and reading skills. Four weeks before the end of her course, she starts a job. The income from her job exceeds the cut-out point and PPS is no longer payable so Elizabeth starts an employment income nil rate period. She stays on an employment income nil rate period because of her income for the full 12 fortnights, before her PPS is cancelled. She finishes her course as planned, and continues to receive LLNS for the last 4 weeks of her study.

Act reference: SSAct section 23(4A) Despite subsection (4), if …, section 23(4AA) For the purposes of subsection (4A), the …

Policy reference: SS Guide 3.1.12 Employment income nil rate period

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