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.

6.1.2.110 Reviews - hardship cases

Summary

This topic contains information on when to review the circumstances of an income support recipient who was assessed under hardship provisions.

When to review

When a review is conducted on asset (1.1.A.290) tested pensions, pensions and benefits paid under the hardship provisions should also be reviewed. A date for review should be noted in the system, aligned as close as possible to CPI increases, to obtain:

  • commercial lease values, and if applicable, revaluations of real estate for the person, AND
  • income tax returns of the person, and if applicable, their partner and children.

While intrusion into a person's affairs is to be kept to a minimum, in a number of hardship situations, especially those of temporary or short-term hardship, more frequent reviews may be required. A review at 3 monthly intervals should be conducted if a property is:

  • subject to a property settlement, OR
  • vacant due to a matrimonial dispute, OR
  • on the market at a reasonable sale price.

The decision to accept that the asset cannot be sold should be reviewed IF a person:

  • refuses an offer that is within 10% of the value maintained for assets test purposes, AND
  • has had the property on the market for 3 months.

Act reference: SSAct section 8(1)-'income'

Policy reference: SS Guide 4.6.7 Asset hardship rules

Last reviewed: