Caring for a child or foster child with special needs
This exemption may apply to:
- partners and sole parent clients with work obligations
- all clients with work preparation obligations (including those who have a deferral from their work obligations)
A client can be exempt from some or all of their or work or work preparation obligations if they are:
- the principal caregiver of a dependent child or
- the foster parent of a foster child
who has special needs and whose welfare would be unduly harmed if the client attended employment or training, and for whom alternative care arrangements are not available, or are unable to be made.
This means the child must have 1 or more of the following:
- physical or intellectual disability
- a medical condition
- a chronic or recurring illness
- a learning or behavioural difficulty and
- be unable to attend school on a regular basis
or
- be a foster child, aged 3 years or older, who is adjusting to a placement with a new foster carer
This can be a full or partial exemption.
Foster child is under 3 years
A client may also be exempt from some of their work obligations if they are caring for a foster child under the age of 3 years.
Evidence
The client must provide written evidence from a registered medical practitioner or nurse practitioner, psychologist, or social worker stating:
- what the child's illness is and its likely duration or
- an assessment of the child's behavioural difficulty or
- the need for full-time care and
- the risk to the child if the client has work or work preparation obligations and
- that the child is unable to attend school
Note MSD should also consider eligibility to Child Disability Allowance. However, a child getting Child Disability Allowance does not guarantee the client or their partner will meet the criteria for this exemption.
Duration
This exemption can be granted for up to 12 months.
This exemption should then be reviewed.
At the review MSD should consider the client's circumstances and whether it is appropriate to extend the exemption. MSD can ask the client to provide evidence that the exemption should be extended.
For more information see:
Legislation
- Exemption from work-preparation obligations regulation 100 Social Security Regulations 2018
- Exemption from work-test obligations: work-tested spouses or partners regulation 102 Social Security Regulations 2018
- Exemption from work-test obligations: work-tested sole parents receiving jobseeker support regulation 103 Social Security Regulations 2018
