Exceptional circumstances
A client must have exceptional circumstances for an Advance Payment of Benefit of an amount more than 6 weeks of the full benefit entitlement.
Exceptional circumstances are those which set the client apart from others in a similar situation. The client must state what these circumstances are on the Advance Payment of Benefit application form.
In determining whether exceptional circumstances exist you must consider:
- the client's ability to repay the Advance Payment of Benefit
- whether the client could reasonably have been expected to have made provision for the particular immediate need
- whether the client is the principal caregiver or principal temporary caregiver of a child of or under the age of 12 months
You should also consider the extent to which not making an Advance, or an Advance over the limit, or requiring recovery of the Advance within 24 months would:
- worsen the client's position
- increase or create any risk to the life or welfare of the client, or the client's partner or dependent children or
- cause serious hardship to the client, or the client's partner or dependent children and
- any other matters you consider relevant in the circumstances of the particular case. Example when the least amount required under a preferred supplier arrangement means they will exceed their 6 week limit
Payment
If exceptional circumstances exist, you can:
- make an Advance when the client and partner (if any) have cash assets or income over the cash asset and income limits
- make an Advance of more than the 6-week limit or the maximum limits for Essential Home Repairs and
- recover an Advance at a lower rate than needed to repay the Advance within 24 months
