Caring for a child or foster child with special needs
This exemption may apply to partners with work or work preparation obligations.
A partner can be exempt from some or all of their work or work preparation obligations if they are the:
- principal caregiver of a dependent child or
- foster parent of a foster child
who has special needs and whose welfare would be unduly harmed if the partner 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:
- a 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 carer
Note this can be a full or partial exemption.
Foster child is under 3 years
A partner 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 partner must provide written evidence from a registered medical practitioner, nurse practitioner, psychologist or social worker stating:
- what the child's illness, disability or medical condition is and its likely duration or
- an assessment of the child's learning or behavioural difficulty or
- the need for full-time care and
- the risk to the child if the partner 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 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 partner's circumstances and whether it is appropriate to extend the exemption. MSD can ask the partner to provide evidence 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
