Partner engaged in study
Partners with children under 3 years
A partner with their youngest child aged under 3 years old has work preparation obligations, and can be a part or full-time student without it affecting their Jobseeker Support.
Partners with work obligations
Partners with no children or with their youngest child aged 3 years or over, may be a part or full-time student without it affecting their Jobseeker Support if they have been granted an exemption from meeting their work obligations because they:
- were part way through a course of study at the time that the client applied for Jobseeker Support or
- were part way through a course of study when their youngest child reached the age of 3 years
A partner can be considered to be meeting their work obligations if their study timetable allows enough time for job search activity, for example, if the hours of the part-time study are outside of normal working hours.
If a partner starts study and they can no longer meet their work obligations and they do not have an exemption from meeting their work obligations you may need to initiate an obligations failure.
For more information see:
Partner engaged in full-time study
If a partner is engaged in full time study and does not meet the criteria for an exemption they can apply for a Student Allowance. If they are qualified for a Student Allowance the client can be included in the Student Allowance when:
- they are legally married, in a civil union or de facto relationship and
- both are aged 24 years or more or
- they have a dependent child
Where the client cannot be included, the partner will be regarded as single and will receive the single rate of Student Allowance.
For Jobseeker Support purposes we still regard them as a married, civil union or de facto couple. You will need to charge the student allowance against the married, civil union or de facto rate of Jobseeker Support and pay the client half of the abated benefit.
Because the Jobseeker Support and Student Allowance rules are different in this situation there are particular procedures to follow. There is a flowchart to help you, see:
For more information see:
Legislation
- Jobseeker support ineligibility section 26 Social Security Act 2018
- Persons subject to work-preparation obligations section 121 Social Security Act 2018
- Obligations of spouse or partner of beneficiary in relation to dependent children of beneficiary section 129 Social Security Act 2018
- Persons subject to work-test obligations section 140 Social Security Act 2018
- General obligation to be available for suitable employment section 144 Social Security Act 2018
- Work-test obligations as required by MSD section 146-147 Social Security Act 2018
- MSD may grant exemption from work-preparation, work-test, or other obligation section 158-161 Social Security Act 2018
- specific obligations: work-test obligations, and deferrals of, or exemptions from, specified obligations section 431 Social Security Act 2018
- MSD must give notice of sanction sections 252-253 Social Security Act 2018
- When reduction, suspension, or cancellation of benefit takes effect section 256 Social Security Act 2018
- Exemptions from work-preparation or work-test obligations regulations 97-107 Social Security Regulations 2018
