Client's relationship ends
When a client's marriage, civil union or de facto relationship ends, you will have to determine if the client and their spouse or partner qualify separately for Temporary Additional Support or Special Benefit.
If Temporary Additional Support had been paid to the couple, each person's eligibility should be assessed for Temporary Additional Support based on that person's circumstances when the relationship ends.
If Special Benefit had been paid to the couple, each person's eligibility should be assessed for both Special Benefit and Temporary Additional Support based on that person's circumstances when the relationship ends. If the eligibility criteria are met for both Temporary Additional Support and Special Benefit, each person can choose to receive one or the other forms of assistance, but not both.
Note if a person chooses to cancel Special Benefit and receive Temporary Additional Support, they cannot be granted Special Benefit at a later date.
Type of payment to be considered
The following table summarises which type of payment you should consider when a client's marriage, civil union or de facto relationship ends.
Married, civil union or de facto couple | Assess client's eligibility for: | Assess partner's eligibility for: |
Special Benefit | Special Benefit Temporary Additional Support | Special Benefit Temporary Additional Support |
Temporary Additional Support | Temporary Additional Support | Temporary Additional Support |
Example 1
Tane and Maria are in a relationship and together have been getting a main benefit and Special Benefit as a couple since 2002. In 2018 the relationship ends and each gets a main benefit at the single rate.
Tane is assessed based on his new circumstances and he qualifies for both Special Benefit and Temporary Additional Support. Tane chooses to get Special Benefit as it is the most appropriate for his circumstances.
After the relationship, Maria also qualifies for both Special Benefit and Temporary Additional Support. Maria chooses to get Temporary Additional Support as she will receive a higher rate of assistance.
Example 2
In 2008, Kate and Billy are married. Kate, previously a non-beneficiary, is included in Billy's main benefit and Special Benefit. In 2018, Kate and Billy end their relationship.
Billy qualifies for both Special Benefit and Temporary Additional Support. He chooses to continue to get Special Benefit at the newly assessed rate.
Kate is not eligible for Special Benefit as she was not getting, or had not applied for, Special Benefit immediately before 1 April 2006. She also does not qualify for Temporary Additional Support.
Legislation
- Who is ineligible for support regulation 59 Social Security Regulations 2018
- former section 61G ("Special benefit") Social Security Act 1964 (as saved by Schedule 1, clause 19 Social Security Act 2018)
- Direction in relation to Special Benefit
