|
|
|
|
|
A job seeker can be required to attend an appointment under SS(Admin)Act section 63 or as a term of their EPP. Attendance at an appointment in either circumstance is a connection requirement.
Failure to attend an appointment without giving prior notice of a reasonable excuse can result in a connection failure. A connection failure does not result in a financial penalty but contributes towards the count of failures used to determine whether a job seeker has committed a serious failure due to persistent non-compliance.
Regardless of whether or not they have committed a connection failure, if a job seeker who does not have a Vulnerability Indicator fails to meet a connection requirement to attend an appointment, the job seeker's participation payment becomes immediately non-payable once the non attendance is reported to Centrelink. As a consequence, their payment suspended as soon as Centrelink is notified of the non-attendance. Once the job seeker contacts or is contacted by Centrelink and agrees to attend a further appointment, their payment is restored from the date it was suspended (i.e. they are fully back paid). If the job seeker does not agree to attend the further appointment, it is booked regardless and their payment remains suspended.
This further appointment is a reconnection requirement. Failure to attend the further appointment again results in suspension of payment. Failure to attend the further appointment without giving prior notice of a reasonable excuse results in a reconnection failure, which means the job seeker enters a reconnection failure period.
Act reference: SS(Admin)Act section 63 Requirement to attend Department etc., section 42E Connection failures, section 42SA Immediate non-payment of participation payments for certain failures
A job seeker also commits a connection failure if, without a reasonable excuse, they:
There is no penalty for a connection failure. Instead, the job seeker is given a reconnection requirement. The nature of the reconnection requirement is determined by the type of connection failure the job seeker has committed.
If the job seeker, without reasonable excuse, does not meet or attend the reconnection requirement a reconnection failure period will commence.
Act reference: SS(Admin)Act section 42E Connection failures
A job seeker commits a connection failure if they fail to comply with a requirement to enter into an EPP. The exception to this is if a new claimant for NSA or YA who is subject to the RapidConnect provisions fails to comply with a requirement to enter into an EPP. In these circumstances the job seeker does not incur a connection failure, but their allowance does not become payable until they enter the EPP (1.1.R.05).
Continued refusal to enter an EPP may also result in a loss of qualification. Payment may be cancelled on the application of the second failure for not entering an EPP, unless the instances are separate and relate to different EPPs.
A job seeker commits a job search-related connection failure if they:
Failing to return a satisfactory job seeker diary means:
Exception: Principal carer parent on NSA or PP and people with a partial capacity for work are not required to complete job seeker diaries or ECCs.
Where a job seeker fails to meet a connection requirement to attend an appointment (regardless of whether or not they had a reasonable excuse) or incurs a connection failure for failing to enter an EPP or failing to comply with the job search requirements in their EPP without a reasonable excuse, Centrelink will generally issue the job seeker with a reconnection requirement.
The reconnection requirement will depend on the circumstances but will be:
Where the reconnection requirement is to attend a further appointment, it can be on the same day as the connection failure is determined, if it is reasonable. (That is, where doing so will present no difficulties for the job seeker. In regional areas, where a job seeker may have travelled some distance to attend their Centrelink office, it may be unreasonable to expect them to return at a later date to attend their reconnection appointment).
A reconnection failure occurs if the job seeker fails to meet their reconnection requirement without a reasonable excuse. They then enter a reconnection failure period and have a further reconnection requirement.
If the job seeker has a reasonable excuse for failing to meet their reconnection requirement, they do not incur a reconnection failure but they may be given another reconnection requirement, because they have still committed a connection failure.
Regardless of whether or not they have committed a prior failure, if a job seeker fails to meet a reconnection requirement to attend an appointment their income support becomes immediately non-payable. As a consequence, their payment is suspended as soon as Centrelink is notified of the non-attendance. Once the job seeker contacts or is contacted by Centrelink and agrees to attend a further appointment, their payment is restored from the date it was suspended (i.e. they are fully back paid).
Act reference: SS(Admin)Act section 42H Reconnection failures
During the reconnection failure period, the job seeker loses one fourteenth of their fortnightly participation payment for each calendar day from and including the day the failure occurred until:
For job seekers who have failed to attend an appointment or failed to enter an EPP, the further reconnection requirement will be another requirement to attend an appointment or enter into an EPP.
For job seekers whose reconnection requirement was to return a satisfactory job seeker diary to Centrelink and who have failed to do so, their further reconnection requirement will be to return satisfactorily completed ECCs to Centrelink (see 3.2.9.50).
If a person who is in a reconnection failure period has a requirement to attend a CCA, then that becomes their further reconnection requirement and they can only end the reconnection failure period by attending the CCA.
If a job seeker fails to comply with a further reconnection requirement without a reasonable excuse, they will incur another reconnection failure and a further reconnection requirement and will remain in a reconnection failure period.
If a job seeker fails to meet a further reconnection requirement but has a reasonable excuse for doing so, the reconnection failure period ends on the day before the job seeker failed to meet the further reconnection requirement. The job seeker would then have another reconnection requirement. The job seeker would enter another reconnection failure period if they failed to meet that requirement.
Similarly, if a job seeker contacts with a reasonable excuse prior to a reconnection appointment and the appointment is rescheduled, the reconnection failure period ends on the day before the job seeker contacts. The job seeker would still be required to attend the rescheduled reconnection requirement and would enter another reconnection failure period if they failed to meet that requirement.
Act reference: SS(Admin)Act section 42J Further reconnection requirements
During a reconnection failure period, the job seeker will lose the equivalent of their daily rate of basic participation payment and the pro rata amount of any participation related supplement. In a fortnightly instalment period this is one-fourteenth of their participation payment for the pay period for each day they remain in the reconnection failure period and one-fourteenth of any participation-related supplement. A participation-related supplement is the payment a job seeker gets for participating in Green Corps, WFD, Drought Force or the Language, Literacy and Numeracy Program.
The calculation of the amount does not include add-on payments such as RAA, pension GST supplement, RA, PhA, YDS, MOB, PES, TAL and UA. The penalty does not affect a job seeker's access to a HCC or FTB. The penalty amount cannot be greater than the job seeker's payment for the period in which the failures occurred.
A reconnection penalty reduces the job seeker's entitlement for the pay period in which it is determined because the penalty amount is calculated on the basis of how much participation payment is payable in the reconnection failure period, it is possible that, in the period in which it is deducted, the job seeker may not receive enough participation payment to cover the penalty amount. This can happen if the job seeker has income from part-time work or another source that has reduced their payment. If this is the case, the balance is deducted from future payments until it is fully recovered. Debt recovery arrangements (e.g. waiver of small amounts) do not apply to compliance penalty amounts.
The calculation method for a reconnection penalty is detailed in the Social Security (Administration) (Penalty Amount) (DEEWR) Determination 2009 (No. 1).
Continued failure to comply with a requirement to reconnect may also result in a loss of qualification for payment due to the ongoing failure to meet activity test or participation requirements. Where the person has been required to reconnect but has still not reconnected 4 weeks after first being required to do so, their payment may be cancelled.
_______________________________________________________
Last reviewed: 1 July 2011
