Partner's benefit cancelled due to Parental Assistance Test
An initial stand down is not imposed when a client:
- was an included partner in Jobseeker Support, Jobseeker Support Student Hardship or an equivalent Emergency Benefit
- their partner was the qualifying person for that benefit
- that benefit was cancelled because the qualifying person did not meet the Parental Assistance Test and
- the client has applied for and will be granted Emergency Benefit equivalent to Jobseeker Support or Jobseeker Support Student Hardship because of their partner's benefit cancellation
Note this applies even if the client is not a young person and is not required to meet the Parental Assistance Test.
Applied because of partner's benefit cancellation
MSD must be satisfied that the client applied for Emergency Benefit because their partner's benefit was cancelled because they did not meet the Parental Assistance Test. This means their partner:
- was assessed for the Parental Assistance Test and did not meet it or
- did not provide the information required for MSD to complete the assessment
If there is a delay between when the partner's benefit was cancelled and when the client applied for Emergency Benefit, MSD must consider their circumstances during that period to determine the reason for their application. If the reason for their application is not related to the cancellation of their partner's benefit, an initial stand down must be imposed.
Example 1
Amelia and Manase are both 18, in a relationship and have a daughter. Amelia was included in Manase's Jobseeker Support. When their daughter left their care, the Parental Assistance Test started to apply to them both. Amelia met the Parental Assistance Test, but Manase did not provide the information MSD needed, and his Jobseeker Support was cancelled.
Two weeks after the cancellation, Amelia applied for Emergency Benefit equivalent to Jobseeker Support and met all qualifications. She applied because the cancellation of Manase's benefit means she has no income. Amelia used the rest of her savings to support herself, and her aunt has been helping with her rent. Amelia will not have an initial stand down imposed because her application for Emergency Benefit is due to the cancellation of Manase's benefit.
Example 2
Frank is 21 and in a relationship with Maggie who is 19. Frank was included in Maggie's Emergency Benefit equivalent to Jobseeker Support and got Foster Care Allowance because he was caring for his younger sister. When his sister left his care, the Parental Assistance Test started to apply to Maggie. Her parental income was over the limit, so she did not meet the Parental Assistance Test, and her Emergency Benefit was cancelled.
Nine weeks after the cancellation, Frank applied for Emergency Benefit equivalent to Jobseeker Support and met all qualifications. He had been supporting himself through temporary employment, which recently ended. Frank will have an initial stand down imposed. This is because the reason for his application is due to his temporary employment ending, not the cancellation of Maggie's benefit.
For more information see:
Legislation
- Exemptions from stand down: relevant benefit to replace another cancelled because spouse or partner did not meet parental income requirement regulation 179C Social Security Regulations 2018
