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This topic describes activities that are suitable activities for the purposes of satisfying the activity test for recipients of income support payments who are considered to be job seekers and are not YA students, or YA full-time Australian apprentices.
The activity test is applicable to job seekers receiving:
Job seekers have a mutual obligation to meet their activity test requirements. Unless they have an exemption, they are generally required to satisfy the activity test by looking for suitable paid employment, and/or by participating in additional activities designed to help them prepare for employment.
The activity test is satisfied by the job seeker undertaking:
The extent and combination of activities will vary, depending on the activity test or participation requirements for different categories of job seekers, as outlined in 1.1.A.40 and 3.2.8.50. However, once identified as suitable for a particular job seeker, an activity must be negotiated and included in an EPP, which a job seeker is required to enter into with their provider (1.1.E.103).
The activity or activities in the EPP must reflect the appropriate number of hours per week required for the job seeker to meet their activity test requirement. This is normally 25 per week, but may be any other number of hours that the Secretary's delegate determines to be appropriate having regard to the person's circumstances.
Each activity specified in the EPP must be:
Types of activities that a delegate may consider suitable for inclusion in an EPP include:
Young people aged under 21 claiming YA (job seeker) will generally be unable to satisfy the activity test by undertaking job search activities in their EPP unless they complete the final year of secondary school or an equivalent qualification (Certificate level II or above).
These early school leavers satisfy the activity test by complying with a YA EPP that requires them to undertake:
for at least the required number of hours per week.
An early school leaver may volunteer to undertake job search in addition to their EPP activities, but will not be required to report job search efforts.
Early school leavers already in receipt of YA (job seeker) prior to 1 July 2009 will have their EPP activities amended to have an education focus. This will be done during the transition period from 1 January 2010 to 30 June 2010.
Job seekers who are classified under SSAct section 16B as having a partial capacity to work because of a physical, intellectual or psychiatric impairment must look for work to their capacity.
For early school leavers with a partial capacity, it is preferable to reduce their requirements, rather than exempt them from the activity test. The activity test is flexible enough to make this possible. When circumstances arise that impede an early school leaver's ability to meet their usual requirements, their requirements can be adjusted to reflect those circumstances (3.2.11).
Act reference: SSAct section 16B Partial capacity to work
Job seekers classified under SSAct section 5 as a principal carer of a child must, unless exempted, satisfy the activity test by complying with approved activities outlined in their EPP (1.1.E.103).
A principal carer must participate in one or a combination of approved activities for at least 30 hours per fortnight.
Approved activities for principal carers include:
Principal carers who are meeting their requirements through paid work, study or a combination of paid work and study for a total of at least 30 hours per fortnight are not required to remain connected to their employment services providers or accept any offers of suitable paid work.
Principal carers who are undertaking voluntary work by itself or in combination with other suitable activities to meet the activity test must remain connected to an employment services provider. They will be required to accept any suitable paid work that fits around any study, that is outlined in their EPP, and is appropriate in respect of their caring responsibilities. To ensure compliance this activity must be entered into the principal carer's EPP.
Principal carers who are also early school leavers must comply with the early school leaver policy and activities included in their EPPs must reflect these requirements.
Act reference: SSAct section 5 Family relationships defiinitions-children
Suitable activities can be undertaken at any time at the request of the job seeker, with the provider's agreement, or when the provider believes that undertaking an activity is appropriate for the job seeker. Most job seekers will focus on job search, but will be required to undertake additional activities during their work experience phase, or as part of a compliance activity (that the job seeker chooses to undertake in lieu of serving an 8-week non-payment period).
Where the delegate of the Secretary believes that a job seeker undertaking a suitable activity is occupied to their capacity, the job seeker can be taken to fully satisfy the activity test for the duration of that activity. This means a person is not required to undertake any other activities, but will be expected to maintain contact with their JSA provider and Centrelink, and attend notified appointments that are made around their activity hours. Failure to fully participate in the activity, or to attend an appointment, may result in compliance action, and the job seeker's payment being affected.
The delegate should not generally treat an activity as full-time unless the training provider or the provider of the activity classifies the activity as full-time. The delegate does not have the discretion to deem a job seeker who is undertaking a part-time activity to be occupied to their capacity if their capacity is limited due to personal circumstances - these job seekers should be referred to Centrelink or for an ESAt.
Where a training provider or the provider of a suitable activity considers the activity to be part-time or where the delegate of the Secretary believes the job seeker is not occupied to their full capacity, the job seeker will be required to undertake other activities, usually job search, in combination with the other activities or an activity that they have chosen. They will also be required to attend any notified appointments with their JSA or DES provider or Centrelink. Failure to comply with any compulsory activity specified in an EPP may result in compliance action and the job seeker's payment being affected.
Note 1: If a job seeker assessed as having a partial capacity to work is undertaking at least 30 hours per fortnight (equivalent to 15 hours a week) in paid work, then they are meeting their requirements in full and cannot be compelled to undertake any other activities. Job seekers assessed as having a partial capacity to work undertaking a level of part-time work under 30 hours requirement will be required to supplement it with job search and, where appropriate, other activities (for example participation in JSA).
Note 2: For principal carer parents on NSA or YA, activities and other participation requirements should be scheduled to occur during school hours (i.e. generally between 9am and 3pm during school terms), unless otherwise requested or agreed by the principal carer parent. This includes participation in JSA Stream Services and the Work Experience Phase.
There is no need to adjust a job seeker's requirements if they have a break less than or equal to 4 weeks that is outside their control. If the break is greater than 4 weeks then the job seeker is required to undertake other suitable activities such as job search, for the period of the break. The EPP should be revised to include the adjusted requirements.
Exception: Separate rules apply to principal carer parents and job seekers assessed with a partial capacity to work where the activity is casual part-time paid employment. Breaks or holidays in casual part-time work beyond the control of the parent or job seeker of any duration can result in the principal carer parent or job seeker assessed as having a partial capacity to work being required to undertake other suitable activities (job search, in particular) for any fortnight in which the 30 hour per fortnight part-time work requirement is not met. Breaks or holidays in permanent part-time work will not result in job seekers assessed as having a partial capacity to work having to undertake other activities as long as their basic rate of income support does not increase during the holiday (i.e. they receive the same level of employment income during the break).
If a person needs to take a break from an activity due to personal circumstances, then they must immediately notify Centrelink or their employment services provider, who will then either revise or develop a new EPP taking into account the job seeker's changed circumstances.
Example: A job seeker may have a reduced capacity due to a recurrent medical condition or unexpected child care responsibilities and are unable to make suitable alternative arrangements.
A principal carer is not required to meet any activity test requirements during the fortnight that the Christmas Day public holiday falls. However, they are still required to lodge their statement (1.1.S.350) to Centrelink for this period in order to report any earnings and stimulate their payment.
Where a principal carer is meeting the activity test by working (including instances where working is one of a combination of activities that meet the activity test) and the person's employer initiates a shutdown period over the long school holiday Christmas break, the principal carer is considered to be meeting the activity test as long as they reasonably expect to resume their employment when their employer resumes in the New Year. The employer initiated shut down period break can only be taken while the place of employment has shut down, up to a maximum of 8 weeks. After 8 weeks the principal carer will be required to participate in additional activities to meet activity test requirements.
Act reference: SSAct section 541(1AA) Persons who comply with EPP, section 601(4A) Activity test,section 606 Newstart Employment Pathway Plan-terms, section 607 Newstart Employment Pathway Plan-principal carers, section 607A Newstart Employment Pathway Plan-people with partial capacity to work, section 607B Newstart Employment Pathway Plan-requirement to participate in an approved program of work, section 544B Youth Allowance Employment Pathway Plan-terms, section 544DA Youth Allowance Employment Pathway Plans-early school leavers
Policy reference: SS Guide 3.2.9.40 Job Search - Setting Job Search Requirements - Job Seekers with Part-time Requirements, 3.2.9.210 Suitable Activity - Principal carer
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Last reviewed: 20 September 2011
