Exemptions
Exemptions from obligations recognise there are some specific situations where it may be unreasonable to expect a client to meet their work preparation obligations or work obligations..
If a client qualifies, they may be granted an exemption from some or all of their work preparation or work obligations for a specific period. Evidence may be required before an exemption is granted.
Duration of the exemption
Each exemption has a specific period it can be granted for. In some cases, the exemption can be extended (if appropriate).
The exemption should be reviewed at the end of the exemption period. At the review MSD should discuss the client's circumstances and consider whether it is appropriate to extend the exemption again. MSD can ask the client to provide evidence of the reason to extend the exemption (if appropriate).
Note the duration of an exemption for a client due to a health condition, injury or disability is based on the next reassessment date recorded by their registered medical practitioner or nurse practitioner (or dentist or midwife where relevant)
Clients with a deferral from their work obligations
Clients who have a deferral from their work obligations are subject to work preparation obligations. These clients may also qualify for an exemption from their work preparation obligations if they are unable to plan towards a return to work.
For more information see:
Legislation
- Jobseeker support: work capacity determination and work test section 141 Social Security Act 2018
- General obligation to be available for suitable employment, etc section 144 Social Security Act 2018
- Work-test obligations as required by MSD section 146 Social Security Act 2018
- Obligation to undertake and pass drug test section 147 Social Security Act 2018
- Exemptions: work-preparation, work-test, and other obligations section 157-161 Social Security Act 2018
- Mandatory deferral of work-test obligations if person determined under section 141(1) of Act to lack capacity for part-time work regulation 75 Social Security Regulations 2018
- Exemptions from work-preparation or work-test obligations regulations 97-98 100-103 Social Security Regulations 2018
