8.1.2.40 Claim Determination - Payment Specific Provisions

Summary

This topic explains the following information about claim determination:

• determination of NSA, YA, Austudy and SpB NVH claims, and
• seasonal work preclusion period.

Determination of claims - NSA, YA, Austudy & SpB NVH claimants

A delegate must grant a claim for NSA, YA, Austudy and SpB NVH if the claimant is qualified or expected to be qualified, and the allowance is payable except for the application of:

• a waiting period,
• a compliance penalty period,
• an income maintenance period,
• the operation of section 615 (NSA) or section 547AA (YA (other)) (allowance not payable if person fails to attend interview etc in certain circumstances).

Act reference: SS(Admin)Act section 37(2) and section 37(6) Grant of claim

SSAct section 615 Newstart allowance not payable if person fails to attend interview etc. in certain circumstances, section 547AA Youth allowance not payable if person fails to attend interview etc. in certain circumstances

Seasonal work preclusion period

A delegate must grant a claim for a payment subject to a SWPP if:

• the claimant is qualified or expected to be qualified, and
• the payment would be payable if it were not for a SWPP.

The following payments are subject to SWPPs:

• newstart allowance,
• youth allowance,
• partner allowance,
• widow allowance,
• austudy payment,
• carer payment,
• sickness allowance,
• disability support pension,
• parenting payment, and
• SpB NVH claimants.

Act reference: SS(Admin)Act section 37(3) Grant of claim, section 37(4) Grant of claim

SSAct section 745M Other situations where special benefit is not payable to persons who are nominated visa holders, section 16A(1)-'seasonal work preclusion period'

Policy reference: SS Guide 8.1.2.10 Claim Determination - Summary of the Legislation

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Last reviewed: 1 March 2010