Effect of 13-week non-entitlement - couple wishes to change primary status

In some cases, a primary client with a partner who has no work obligations may have a 13 week non-entitlement period as a result of:

• voluntary unemployment
• dismissal as a result of misconduct
• grade 3 sanction
• refusing an offer of suitable employment (job refusal)

and may request to have their partner become the primary client.

Before the partner and primary status can be changed, it must be confirmed that the client to be the primary would be eligible for Emergency Benefit. They need to be actively seeking and available for full-time work.

You need to confirm that the client who will be the primary about whether they can meet the job search requirements.

To help decide if a client is able to meet the job search requirements, you will need to consider the following:

1. If the client had the opportunity, would they:

• be available for work for 30 hours or more a week (full-time work obligations)
• accept any suitable job offers within their abilities
  Note that this can include weekend work depending on the client or partner's individual circumstances
• not restrict their job search to vacancies within their own trade
• not restrict their job search to vacancies in their chosen occupation
• not move frequently from one area to another with no intention of getting a job

2. Has the client begun to take steps to find work? For example by:

• searching newspapers and other media for vacancies
• making applications for suitable jobs
• contacting employers about vacancies

Have a conversation with the client about what this will mean for their and their partner's obligations, and confirm the reasons for the change.

If the client subject to a 13-week non-entitlement period becomes the partner and is no longer subject to the type of obligation that they failed, then it may be unreasonable for them to complete a recompliance activity. The client's benefit can then be resumed.

Note if the client in this scenario was subject to an obligations failure, while they may not have to complete a recompliance activity, their failure count will still include the obligations failure that caused their non-entitlement period.

For more information see:

• Processing standards Client transfers to another benefit type [no link find out why]