Exceptions when a client declares no change in circumstances for Mandatory Review
When a client responds to their Mandatory Review and confirms they have no change in circumstances, MSD must generally continue their Disability Allowance at the same rate.
However, there are some exceptions when MSD can request further information from the client to determine if they continue to qualify for Disability Allowance or that the rate of payment is correct.
Exceptions include when, at the time the client responds to their Mandatory Review, they:
- have been getting Disability Allowance and have had no change in their disability related costs for three consecutive years or
- have been getting Accommodation Supplement and have had no change in their accommodation costs for three consecutive years or
- have had no change to their confirmed income amount for three consecutive years or
- are a non-beneficiary and have confirmed no income
If a client has one or more of these exceptions, MSD must consider if further information is required from the client before deciding the outcome of the Mandatory Review.
Requesting further information
The decision to request further information from the client should be assessed on a case-by-case basis. Consider additional factors such as:
- the type of costs the client has (e.g. food, transport and power costs vary with economic conditions and would be unlikely to have no change over an extended period)
- when the client last provided verification of their costs (if it was required e.g. new or increased disability related costs and those that were previously included on the basis of a quote and there is no evidence of receipts or invoices being provided)
- whether other assistance is available to cover or partly cover the additional cost, e.g. client has additional public transport costs, but they have not changed even though they are a Community Services Card holder and can get a 50% discount on public transport fares
- other resources available to meet their costs (e.g. when the client has no income declared and is only getting assistance for some of their expenses, or when the client's income has not changed over an extended period)
Further information is needed to complete the Mandatory Review
If further information is needed to determine if the client continues to qualify for Disability Allowance or that the rate of payment is correct, MSD must give a reasonable timeframe for the client to provide it.
The date the client is given to provide the information by becomes the client's new deadline to respond to the Mandatory Review. If the client does not provide the information that was asked for, MSD must suspend the Disability Allowance from the new deadline date.
If the client provides the information that was asked for and MSD determines the client continues to qualify for Disability Allowance (including the rate payable), the future Mandatory Review date is set 52 weeks from the date MSD completed the review.
Example
Duncan gets Disability Allowance to help with his disability related costs, which includes transport costs. Duncan pays $10 for the bus fare to get to and from physiotherapy each week.
Duncan's Mandatory Review is due on 10 December 2027. He responds to his review before the review date and confirms he has had no change in his circumstances. As the last change he declared was in July 2024 when the transport costs were first included in his Disability Allowance, MSD must consider whether further information is required before completing the Mandatory Review.
MSD considers Duncan's circumstances and notes that he has the full bus fare included in his Disability Allowance. As Duncan is a Community Services Card Holder, he can get a 50% discount on public transport fares through Community Connect.
MSD determines that it is reasonable to request further information about his travel costs and whether there is a good reason for not applying for the 50% discount.
Duncan is asked to provide this information by 24 December (his new deadline for the review) or his Disability Allowance will stop. Two weeks is a reasonable amount of time because Duncan only needs to contact MSD to confirm the details.
Duncan contacts MSD on 15 December 2027 and advises that he didn't know about the 50% discount. Duncan confirmed that he now uses his Community Services Card to get the 50% discounted bus fare and pays $5 a week to get to and from the physiotherapist.
MSD reassess his Disability Allowance accordingly and his next review date is set for 52 weeks in the future (13 December 2028).
Further information not needed to complete the Mandatory Review
In some situations, there may be good reason for the client having no change in their costs or income, or no income, and further information may not be needed for MSD to determine whether they continue to qualify for Disability Allowance. For example, the client may have provided recent evidence of their costs or income, they may have recently discussed their circumstances with MSD or a non-beneficiary client with no income may be in the process of applying for a main benefit.
If no further information is needed for MSD to determine the client continues to qualify for Disability Allowance (including the rate payable), the future Mandatory Review date is set 52 weeks from the date MSD completed the review.
Example
Martha is getting Disability Allowance for help with a range of ongoing costs arising from her disability, including the cost of fortnightly lawn-mowing at her home.
Martha's Mandatory Review for Disability Allowance is due 9 November 2026 and she responds on 5 November 2026 to confirm she has had no change in her circumstances. The last change she declared was in July 2023 when the lawn-mowing costs were first included in her Disability Allowance. None of her other costs have changed.
As Martha has been getting Disability Allowance and declared no change in her Disability Allowance costs for three consecutive years at the time the Mandatory Review is returned, MSD must consider whether further information is required before completing the mandatory review.
MSD considers Martha's circumstances and sees that she recently provided verification of these costs in the form of the receipt from the service provider. This confirms that Martha's current lawn-mowing costs are the same as they were in 2023. The other costs included in her Disability Allowance are unlikely to change.
MSD determines that no further information is required to determine Martha continues to qualify for Disability Allowance. Her Disability Allowance continues at the same rate, and her next review date is set for 52 weeks in the future (4 November 2027).
Legislation
- Exception: 3-year rule benefit section 310O Social Security Act 2018
- Exception: supplementary benefit rule section 310P Social Security Act 2018
- Beneficiary's duty to provide information for review section 310K Social Security Act 2018
- Consequences if beneficiary fails to comply with duty section 310L Social Security Act 2018
- 3-year rule benefits regulation 176E Social Security Regulations 2018
- Benefits to which supplementary benefit rule applies regulation 176F Social Security Regulations 2018
