Misconduct applying a 13 week non-entitlement period
Before applying a 13 week non-entitlement period for misconduct, you should contact both the client and their employer. When you contact the employer you should give them the Earnings Verification form.
Note if the employer does not return the Earnings Verification form or the reason for termination is not given, no further contact with the employer should be made.
Also note that if there is conflicting evidence or the reason for leaving employment is not agreed between the client and the employer, you should give the client the benefit of the doubt.
Each client's circumstances need to be carefully investigated. If you are uncertain whether a voluntary unemployment 13 week non-entitlement period should be imposed, discuss the client's circumstances, in the first instance, with a service centre trainer and then with Helpline (if still required).
If you decide to apply a voluntary unemployment 13 week non-entitlement period, you will need to:
- advise the client of your decision
- send the client the 'Voluntary Unemployed' letter to confirm your decision. A copy of the letter is available in CMS letter templates
- for sole parents, the client's commencement date letter will confirm your decision and outline their rate of payment
- add the date that a non-entitlement period will apply from and the appropriate VU reason code to the SSTDA screen in SWIFTT
- conditionally grant the benefit using code 024 (VU imposed) on the SPGRT screen on SWIFTT
- note for sole parents the 13 week non-entitlement period only applies to 50% of the benefit
- make notes in CMS outlining your decision
Note ensure the benefit remains conditionally granted. Do not decline the benefit.
For more information see:
