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.

8.2.2 Reclaiming a payment

General requirements

Most benefits or payments have abridged reclaim procedures if a person loses qualification for a payment or benefit and reapplies for that payment or benefit within 13 weeks of the cancellation. Job seekers returning to JSP and YA have abridged reclaim procedures extended to 52 weeks. These reclaim procedures include:

  • the use of an abridged claim form
  • for minimum POI requirements see 2.2.1.10, and
  • reduced verification requirements.

Explanation: There is NO reference to 'reclaiming' in the SS(Admin)Act. A reclaim is simply an alternative form of claim, approved by the Secretary to be applied in circumstances where a payment has been claimed in the recent past and then cancelled.

Reclaiming should be distinguished from resumption of payment after cancellation or suspension under SS(Admin)Act section 85, where the Secretary reconsiders a decision to cancel or suspend. Resumption under section 85 does not require a new claim.

Pre-grant interviews may still be necessary in reclaim situations if circumstances during the break in payment are unclear.

Example: An interview might be appropriate if there is nothing to indicate how the person was supported in the period.

RapidConnect requirements

People reclaiming JSP or YA job seeker and are referred to a Workforce Australia or CDP provider will generally be required to attend an interview with their provider, in order for their income support to be payable again.

People who are referred to Workforce Australia Online are not required to attend an appointment and must agree their Job Plan before their payment can commence.

For more information on RapidConnect arrangements, see 3.11.12.

Act reference: SS(Admin)Act section 63 Requirement to attend Department etc.

Policy reference: SS Guide 3.11.12 Initial connection to employment services (RapidConnect), 3.11.12.10 Exemption from RapidConnect provisions

Proof of identity

Refer to 2.2.1.10 for relevant information.

Special rules - disability & carer payments

The following table explains special rules for reclaiming in the Disability and Carer grouping.

Payment Type Requirement
Disability support pension
  • If a person reclaims DSP within 6 months of previously claiming or receiving DSP, a medical examination MAY NOT be necessary, if the delegate is satisfied that there has been no change in the person's condition.
  • No claim or medical examination is required if a person re-applies for DSP within 2 years of being suspended due to a return to work, provided the person had to cease work or reduce their hours because of their disability. The delegate must be satisfied that the person is qualified before DSP can be restored see 3.6.1.100.
Mobility allowance A medical report is NOT required if:
  • payment of MOB has been cancelled due to the cessation of work (including voluntary work (3.6.6.53)) or training, and
  • the person re-applies for MOB within 6 weeks of cancellation, and- there has been no change in the person's condition.
CA (child)
  • When the child/ren who attract/s CA (child) only (i.e. does not attract CP (child)) goes to live with another person, the new parent/carer must make an application for the fortnightly payment.
  • The new claimant will generally only need to complete an abridged claim for CA (child), as additional medical evidence is not required unless the child/ren has/have reached a new developmental milestone used in the DCLA (1.1.D.170) or the claim is made within 6 months of the next medical review of entitlement or there is reason to believe the care receiver/s' medical condition has changed.
  • If qualification for CA for a single child is based on the list of recognised disabilities (1.1.R.90), the child does not have to be tested against the list of recognised disabilities or reassessed under the DCLA.
  • Where a new carer claims CA (child) they will be required to provide their ATI (3.6.7.32), and that of their current partner (where applicable).
  • Where the previous carer, who has a partner, is reclaiming CA they will be required to provide their ATI and that of their current partner.
  • Where the previous carer, who is single, is reclaiming CA they will be required to provide their ATI if they have not previously provided it in the same financial year as the reclaim.
  • Neither the ACL questionnaire nor the THP (1.1.T.170) questionnaires have to be completed.
  • Carers who automatically receive CA (child) through qualification to CP (child) must reclaim CA (child) if CP (child) is cancelled.
CP (child)
  • CP (child) can be regranted for episodic care (1.1.E.132) without completion of a new DCLA if it is the same care receiver, it has been less than 24 months since the DCLA was last completed, and it is reasonable to assume that the care load is the same. A THP must certify in writing that care is required for another period of at least 3 months but less than 6 months for the same or similar condition.
  • If a carer reapplies for CP (child) for the same child/ren with severe disability, severe medical condition, disability or medical condition, a new ACL questionnaire and professional questionnaire are NOT required UNLESS the child/ren has/have reached a new developmental milestone used in the DCLA OR if the delegate has reason to believe that they do not reflect the functional ability, behaviour and special care needs of the child/ren at the time of the reclaim.
  • If a carer loses eligibility for CA and is receiving ex-WP CP (3.6.4.55), eligibility for CP will also cease and the carer will need to reapply and meet the standard eligibility requirements.
Carer who's CP (child) was cancelled on or after 1 July 2008 and before 1 July 2010 Carers who qualify for CP (child) under the pre 1 July 2009 qualification provisions AND were/are in receipt of CP (child) anytime on or after 1 July 2008 (even if only for one day), and have their CP (child) cancelled for any reason and then reapply for CP (child) before 1 July 2010, can be reassessed for CP (child) under either the pre 1 July 2009 qualification provisions or the qualification provisions current at the time of reapplication.

In these circumstances, the child or children maintain their qualification status (i.e. as a profoundly disabled child OR 2 or more disabled children) and will not need to be reassessed. However, if the delegate believes that the person is not qualified for CP (child) for any reason, then the child/ren will need to be reassessed.

Note: The carer must be claiming for the same child or children.

If, on or after 1 July 2009, a carer chooses to claim under the new (post 1 July 2009) qualification provisions, the child/ren must be reassessed under the complete DCLA claim process, including the professional questionnaire (3.6.12.240) and the ACL questionnaire (3.6.12.20).

Act reference: SSAct Schedule 1A clause 141 Saving-profoundly disabled child and disabled child

Policy reference: SS Guide 1.1.G.55 Grandfathering arrangements (CP (child)), 1.1.T.190 Two or more disabled children (CP (child)), 3.6.4.15 CP (child) - conditions related to qualifying as a child with a profound disability

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