Effect of 13 week non-entitlement period for partner

When a primary client is subject to a non-entitlement period, their partner may be able to continue to receive financial assistance depending on whether they are eligible for Jobseeker Support.

If the partner is eligible for Jobseeker Support, this may affect the sanctioned client's non-entitlement period depending on what obligations they become subject to.

In order for a partner to receive financial assistance, they must be eligible for Jobseeker Support in their own right.

If they meet the eligibility criteria, they will become the primary recipient of Jobseeker Support, and the original primary client will become the partner.

Before the partner and primary status can be changed, it must be confirmed that the client to be the primary would be eligible for Jobseeker Support. They need to:

• actively seeking and available for full-time work or
• would be but they are limited in their capacity to work full-time because of a health condition, injury or disability or
• would be but are temporarily unable to because they qualify for an exemption from their work obligations

For more information see:

• Qualifications

You need to confirm that the client who will be the primary can meet the job search requirements of Jobseeker Support.

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's 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.

The effect of the partner becoming the primary on the original primary's non-entitlement period depends on what obligations they would now have as the partner.

Partners on Jobseeker Support may have work preparation obligations, part-time work obligations, or full-time work obligations, depending on their circumstances.

If the reason the original client was subject to a non-entitlement period still applies when they have been assigned obligations as a partner, they will continue to be subject to the non-entitlement period.

For example:

• 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 be resumed and the couple would receive the full married rate of benefit.
  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.
• If the client subject to a 13 week non-entitlement period becomes the partner and now has part-time work obligations, and they were subject to a 13 week non-entitlement period because of a grade three sanction, and they failed to attend an employment seminar, they would be required to complete a 6 week recompliance activity or programme of activities. The primary client would be paid the half married, civil union or de facto rate of Jobseeker Support.
• If the client subject to a 13 week non-entitlement period becomes the partner and now has work preparation obligations as they have a child aged under 3 years, and they were subject to a 13 week non-entitlement period because of refusing a suitable employment opportunity of 30 hours per week, it would be unreasonable for them to complete a recompliance activity. The client's benefit can be resumed and the couple would receive the full married, civil union or de facto rate of benefit.

For more information see:

• Payment when partner becomes primary during non-entitlement period
• Effect of sanctions on assistance
• Clients with dependent children - 50% protection
• Work or work preparation obligations