The Law Handbook 2024

Chapter 5.1: Dealing with social security 327 • why the person has committed failures or failed to meet Centrelink requirements; • whether the person has employment barriers; and • whether the participation requirements are appropriate (s 42NA SSA Act). Three failures in any six-month period automatically trigger a CCA. At a CCA, a Centrelink officer considers, among other things, whether the person would benefit from additional assistance. Failure to attend a CCA may result in a connection failure. Unemployment non-payment period If a person is unemployed due to misconduct, or an unreasonable voluntary act, generally an eight-week non-payment period applies. A 12-week non-payment period will be imposed if relocation assistance was provided to the person six months prior to becoming unemployed. This can be ended early if the person is in severe financial hardship and is in a specified class of persons (e.g. has an impairment, is homeless or has a dependent child). If a person requests a review of an unemployment non-payment period, payment pending a review is available. Other penalties and non-payment periods Centrelink may impose a deferment period on a seasonal worker who is ‘between jobs’ (s 633 SS Act). The length of the period depends on how long the person worked and howmuch they earned (see s 16A). A deferment of 26 weeks may be imposed if a person reduces their own employment prospects by moving to an area with higher unemployment rates without a sufficient reason. Sufficient reasons include: • the person moved to join a family member; • the person moved to treat or alleviate a physical disease or illness suffered by the person or by a family member; • the personmoved due to an ‘extreme circumstance’ (e.g. domestic violence) (s 634(3)). Supplementary payments Carer Allowance The Carer Allowance is a supplementary payment for people who provide daily care to a person with a disability or medical condition. Eligibility Both the carer and the person being cared for must be Australian residents. To get the Carer Allowance (ss 952-955 SS Act): • the carer must provide care and attention on a daily basis in a private home, except during (tem- porary) hospitalisation or respite periods; • the person cared for must have a disability or severe medical condition that is permanent or exists for an extended period of at least 12 months (unless their condition is terminal). The Carer Allowance is available to newly-arrived migrants after they have spent 52 weeks in Australia as an Australian resident (some exemptions may apply). The Carer Allowance may be paid for up to six weeks during a temporary absence from Australia. The eligibility rules for caring for a child under 16 years old are different to the eligibility rules for caring for a person over 16. The Carer Allowance eligibility rules for carers looking after a person aged 16 or over are: • the disability or severe medical impairment of the person receiving care must cause a substan- tial functional impairment (as assessed under the Adult Disability Assessment Tool ( ADAT ) (see ‘Carer Payment’, above); and • the person receiving care must be a family member of the carer or be approved by Centrelink; and • if the care provider and receiver do not share a private home, the care must: – be provided at the carer’s or receiver’s home, and – be provided for at least 20 hours per week, and – be provided every day, and – be related to the bodily functions or sustaining the life of the care receiver. That is, unless the care provider and receiver share a home, the Carer Allowance is only payable in limited circumstances. A carer may be eligible for two Carer Allowance (adult) payments if they care for up to two eligible adults with disability. The Carer Allowance may be shared between two carers with Centrelink’s approval, but it is not payable to more than one member of a couple. For a carer who looks after a person aged under 16 to be eligible to receive the Carer Allowance, the