Outcomes of a Mandatory Review
Clients must respond to their Mandatory Review before their Mandatory Review date, or their payments will suspend.
When a client responds to the review, there are a number of outcomes that can occur. Once MSD has determined if the client qualifies, MSD will either:
- continue paying the benefit at the existing rate
- adjust the rate of benefit so the client is getting the correct rate
- suspend the benefit if there is no rate payable for a period (e.g. client has variable income)
- cancel the benefit if the client no longer qualifies
The Mandatory Review is complete when MSD makes a decision about the client's eligibility for Emergency Benefit and the rate of benefit payable (if applicable).
MSD may also carry out a separate review of Emergency Benefit at any time, where there is good reason.
Client declares no change
When a client responds to their Mandatory Review and confirms they have had no change in circumstances, MSD must review the client's eligibility and rate of Emergency Benefit.
If the client remains eligible following the Mandatory Review a future date for the next review will be set if the expiry date for the Emergency Benefit is more than 52 weeks from the commencement of the benefit or last Mandatory Review, or there is no expiry date. The next Mandatory Review date is 52 weeks from the date MSD completed the review (if the expiry date for the Emergency Benefit is more than 52 weeks or there is no expiry date).
Exceptions when a client declares no change
When a client responds to their Mandatory Review and confirms they have no change in circumstances, there are some situations when MSD can request further information from the client before deciding whether to continue Emergency Benefit.
Client declares a change in circumstances
When a client responds to the Mandatory Review with a change in circumstances, MSD must use the information provided to determine if the client continues to qualify for Emergency Benefit, or any other benefits they get that are subject to a Mandatory Review (excluding Orphan's Benefit and Unsupported Child's Benefit) and the rate payable.
MSD may request further information from the client if it is unclear if the client continues to qualify for Emergency Benefit.
Date of change
When a client declares a change in circumstances, MSD will need to assess if the client still qualifies for Emergency Benefit and the rate payable and from what date, depending on when the change in circumstances happened or will happen.
Client is also getting other assistance
When the client has provided information as part of the Mandatory Review that could affect their entitlement to or the rate payable of any other assistance (e.g. Temporary Additional Support or Flexible Childcare Assistance), MSD may use this information to review that assistance.
When the other assistance is affected by the outcome of the Mandatory Review, MSD must change the rate, suspend or cancel that assistance where appropriate.
For example, if the outcome of the Mandatory Review is that the client is no longer entitled to Emergency Benefit, their Temporary Additional Support must be reviewed, and the rate may change or stop if they no longer qualify.
Further information is needed to complete the Mandatory Review
If further information is needed to determine if the client continues to qualify for Emergency Benefit 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 doesn't provide the information that was asked for before the deadline, MSD must suspend the Emergency Benefit from the new deadline date.
If the client provides the information that was asked for and MSD determines the client continues to qualify for Emergency Benefit (including the rate payable), a future Mandatory Review date is set 52-weeks from the date MSD completed the review (if the expiry date for the Emergency Benefit is more than 52 weeks or there is no expiry date).
Completing the Mandatory Review when there are new costs
In some circumstances MSD can still complete the Mandatory Review when a client has declared a change in circumstances that doesn't affect the client's eligibility for Emergency Benefit, e.g. the client has declared a new cost.
Example 1
Marya is getting Emergency Benefit and has a Mandatory Review for her benefit.
Marya responds to her Mandatory Review to confirm her circumstances. Marya tells MSD she now has accommodation costs but nothing else has changed.
MSD completes the Mandatory Review and continues the Emergency Benefit at the existing rate as the change declared by Marya doesn't affect his eligibility for Emergency Benefit.
Marya can apply for Accommodation Supplement based on her new accommodation costs. This application is separate to the Mandatory Review.
Example 2
Anne is getting Emergency Benefit and Disability Allowance and has a Mandatory Review for both.
Anne responds to the Mandatory Review to confirm their circumstances. Anne tells MSD they have a new disability cost but nothing else has changed.
MSD completes the Mandatory Review and continues the Emergency Benefit and Disability Allowance at the existing rate. MSD advises Anne that they need to provide a medical certificate from their medical or nurse practitioner to confirm the additional cost, and they must provide proof of cost to have the new cost included in their Disability Allowance.
For more information see:
Legislation
- Consequences if beneficiary fails to comply with duty section 310L Social Security Act 2018
- No relevant change in beneficiary's circumstances section 310N Social Security Act 2018
- Exception: 3-year rule benefit section 310O Social Security Act 2018
- No entitlement, or entitlement only at different rate section 310Q Social Security Act 2018
- Benefit on another eligibility ground more appropriate section 310R Social Security Act 2018
- Another benefit more appropriate section 310S Social Security Act 2018
- 3-year rule benefits regulation 176E Social Security Regulations 2018
