Exceptional circumstances

Exceptional circumstances are those which set the client apart from others in a similar situation.

In determining whether exceptional circumstances exist you must have regard to:

• the client's ability to repay the Recoverable Assistance Payment
• whether the client could reasonably have been expected to have made provision for the particular immediate need
• whether the client is the principal caregiver of a child of or under the age of 12 months
• the extent to which not making a Recoverable Assistance Payment 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 relevant to the circumstances of the particular case. Example is when the least amount required under a preferred supplier arrangement means that they will exceed their 6-week limit

If you have determined that exceptional circumstances exist, you can exceed the:

• maximum amount payable and
• minimum 24-month payment recovery period

There is no discretion to disregard the residency criteria, or exceed the income and asset limits.