Best interests of the client
There may be situations where a client has applied for or is receiving a benefit and it has been identified by the client or the case manager, in the best interests of the client (and any dependent family) the client should undertake one of the following activities or tasks:
- undergo a course of training in any occupation
- submit themselves for examination at any medical or psychological clinic
- receive any medical or other treatment
- undergo any course of training for the improvement of their physical or mental capacities or
- take more adequate steps to secure suitable employment
Where the current benefit does not require the client to undertake one of these activities and it is in the best interests of the client to do so, after discussions with the client and Helpline you may transfer the client to Emergency Benefit and have this activity as a condition of continuing payment.
Note generally, this provision should only be considered after the legislative provisions of other main benefits have been considered and is not to be used to avoid the obligations failures sanction process. Before granting an Emergency Benefit for this reason, you must contact Helpline to discuss.
If an Emergency Benefit is to be granted in substitution for another benefit, for the client to undertake a certain activity or task, full notes must be placed on CMS justifying the reason for the grant of Emergency Benefit and the conditions applied.
For more information see:
Legislation
- Direction in relation to Emergency Benefit and Benefits on Ground of Hardship
- Emergency benefit: discretionary grant on ground of hardship section 63(2) Social Security Act 2018
