When an extension or exemption can be given
When a client needs more time to respond to the Mandatory Review, they may be able to get an extension. If a client is unable to respond to the review, they may be able to get an exemption.
Clients must contact MSD before their review date to discuss their situation if they need an extension or exemption. A client cannot get an extension or exemption on or after the Mandatory Review date.
Note even if a client gets an extension or exemption, they must still advise MSD of any changes in their circumstances that may affect their entitlement to Emergency Benefit or the rate payable.
Extension - client needs more time to respond to review
Clients may be able to get an extension if there is a good and sufficient reason why they cannot complete their Mandatory Review in time.
When a client needs more time to complete their review, they must let MSD know before their review date. The extension can only be granted before the review date.
If MSD determines the client has a good and sufficient reason, the client can get an extension of up to 20 working days.
Good and sufficient reasons may include (but are not limited to):
- the client is unexpectedly hospitalised
- death or illness in the client's immediate family
- the client is experiencing or escaping a family violence situation
Note a client can get multiple short extensions, however the maximum amount of time that can be given for an extension is a total of 20 working days from the client's original review date.
Exemption - client is unable to respond to review
A client may be able to get an exemption when they are experiencing an unforeseen event or situation that is beyond their control, and this means they are unable to respond to their Mandatory Review (even if they had more time).
The client must let MSD know before their review date to discuss their circumstances.
Exemption reasons may include (but are not limited to):
- localised natural disaster that affects the client but not the whole region (e.g. the client's property is affected by a landslip)
- unexpected serious illness or an accident affecting the client or their immediate family member
- the client's benefit is ending because a child has left their care suddenly and the Mandatory Review is due during the 28-day continuation of payment
- the client's benefit is ending because the person they are caring for has died or entered residential care or hospital and the Mandatory Review is due during the 28-day continuation of payment
Generally, an exemption would also apply when a client's benefit (paid equivalent to Supported Living Payment) is ending within 28 days because they no longer meet the medical qualifications.
If MSD determines an exemption applies, the client is not be required to respond to their Mandatory Review, and the review date is reset to 52 weeks from their current review date.
Example:
Adina is getting Emergency Benefit and has a Mandatory Review due on 12 July 2026. However, Adina's home is damaged by a small-scale flash flooding, and she cannot return home.
Because Adina has lost all her possessions and is focused on finding accommodation, MSD determines it is not reasonable for Adina to respond to her Mandatory Review by her review date.
In this case, MSD grants an exemption.
Adina's next Mandatory Review is set for 52-weeks from the original review date.
For more information see:
Legislation
- Exceptions to review section 310G Social Security Act 2018
- Exemption from review section 310H Social Security Act 2018
- Circumstances prescribed for exception to review regulation 176G Social Security Regulations 2018
