126.96.36.199 Exemption from RapidConnect Provisions
In certain circumstances it is not appropriate for NSA claimants to be referred immediately to their employment services provider for connection to the job market.
People are exempt from the RapidConnect requirement to attend an interview with their employment services provider before their allowance is payable, where:
- They are not in a position to return immediately to the workforce because they are:
- pregnant women within 3 months of their expected date of confinement,
- incapacitated, or
- identified, after the application of the JSCI, as requiring referral for more appropriate services, e.g. for an ESAt.
- They have an official exemption from the activity test which could include (but is not limited to):
- a medical exemption,
- they have a large family of 4 or more children,
- they have a major personal crisis, or
- jury duty.
- Another program, service or activity is more suitable and they are aged under 22 and potentially eligible for a referral to one of the following, DEEWR or DIAC programs:
- Australian Apprenticeships Access Program,
- Literacy, Language and Numeracy Programme (LLNP),
- Adult Migrants English Programme (AMEP), or
- Youth Connections.
- They have applied for recognition of their overseas qualifications to an Overseas Qualification Unit or Australia Education International - NOOSR (AEI-NOOSR) and are awaiting a decision.
- They have a current and valid JCA that recommends DES.
Note: If these job seekers have been identified for a referral to a program and are RapidConnect exempt, and they subsequently decide not to accept the referral or there is no program available, they must be connected to the relevant employment services provider within 48 hours of their participation interview.
- YA job seekers who indicate it is unreasonable for them to live at home.
- Access to, or the requirement to participate in an appointment is not possible for the following reasons:
- job seekers who live in a regional area where an appointment is not available or transport would not allow attendance within 14 calendar days, particularly in remote Indigenous communities,
- new registrants where there are no employment services provider appointments within 14 calendar days,
- re-registrants where the employment services provider is already linked to the job seeker and has no appointments available within 14 calendar days,
- job seekers who have an allowable break in registration for employment services provider purposes,
- job seekers who have attended a RapidConnect appointment within the last 14 calendar days,
- job seekers serving waiting periods, other than the OWP, or
- job seekers who require an interpreter, but the interpreter could not be arranged within 14 calendar days.
Note: These job seekers will still have the next available employment services provider initial appointment booked.
- The person is a principal carer and satisfies the following conditions:
- activity test requirements by undertaking suitable paid work or self-employment of at least 30 hours per fortnight. These job seekers are still registered as fully eligible and may be linked to an employment services provider,
- NSA or YA principal carers transferring from PP who are already satisfying the activity test by undertaking study of at least 30 hours per fortnight including contact and non-contact hours. To be considered for this exemption, these job seekers must be studying the same course they commenced while in receipt of PP. If these job seekers were receiving PES immediately prior to transferring to NSA/YA as a principal carer, PES continues to be payable until the end of the course,
- Job seekers who are transferring from PP to NSA/YA (other) as principal carers and are already subject to compulsory participation requirements are exempt from the RapidConnect process but are required to be linked to an employment services provider and attend the initial appointment.
- People have a partial capacity to work and satisfy the following conditions:
- People with a partial capacity to work meeting their activity test requirements by undertaking suitable paid work of 15 hours per week.
- Job seekers transferring to NSA or YA as part of the DSP transition group with a partial capacity to work (PCW) undertaking study at the time of transferring from DSP can continue that course of study until its completion. To be considered for this exemption, these job seekers must be continuing to study in the same course which they commenced while in receipt of DSP. If these job seekers were receiving PES immediately prior to transferring to NSA or YA as PCW, PES continues to be payable until the end of the course.
- Have a PCW 0-7 or 8-14 hours per week. These job seekers may wish to volunteer for employment services
- People have a temporary reduced work capacity (TRWC). Those assessed with a TRWC 0-7 or 8-14 hours per week will be exempt from RapidConnect for the duration of their TRWC (if not already linked to an employment services provider), however they may wish to volunteer.
- They are a mature aged job seeker who is in receipt of NSA and aged 55 or over and indicate they currently meet their activity test requirements by working at least 30 hours or more per fortnight in suitable paid work, self-employment, voluntary work, or a combination of these activities. These job seekers are still required to be linked to an employment services provider and have to attend an initial appointment.
- They are a student transferring from Austudy/YA (student) to NSA/YA (other) and are within 4 weeks of their student end date. These job seekers will have an employment services provider appointment made once their new claim is finalised and they become eligible for employment services.
Act reference: SSAct section 605(1) NSA Employment Pathway Plans-requirement, section 615 NSA not payable if person fails to attend interview etc. in certain circumstances, section 544A YA Employment Pathway Plans-requirement, section 547AA YA not payable if person fails to attend interview etc. in certain circumstances
SS(Admin)Act section 13 Deemed claim - person contacting Department about a claim for a social security payment, section 63 Requirement to attend Department etc
Policy reference: SS Guide 1.1.P.418 Principal carer - study, 188.8.131.52 Suitable Activity - Study & Training, 184.108.40.206 Suitable Activity - Principal Carer, 3.1.3 Notification & Recipient Obligations, 220.127.116.11 Deemed Claims, 18.104.22.168 Claim Determination - Payment Specific Provisions, 22.214.171.124 Provision of Information, 8.2.1 Transfers, 8.2.2 Reclaiming a Payment
Last reviewed: 1 July 2013