3.7.1.10 Qualification for SpB

Summary

This topic explains the qualification criteria for SpB, and the situations in which a person cannot qualify for SpB.

Qualification (1.1.Q.10) criteria

To qualify for SpB, a person must meet the criteria listed in the following table. Where more detail about a criterion is required, the second column indicates where you will find this.

Act reference: SSAct section 23(1)-'social security pension', section 23(1)-'social security benefit', section 7(2) Australian residence definitions

Unable to receive any other social security pension or benefit

SpB is ONLY available to a person who CANNOT receive any other income support payment under social security legislation. This means a person MAY receive SpB if they are qualified for another payment AS LONG AS:

• that payment is not yet payable, AND
• if the payment they would receive is NSA, YA or Austudy, the reason for non-payment is not related to:
  • activity test failure in some form, OR
  • failing to comply with the other Act requirements, OR
• if the payment they would receive is PP, the reason for non-payment is not related to:
  • a PP breach non-payment period, OR
  • failure to enter into a participation agreement.

Exception: War widows who have been receiving a social security benefit continuously since before 1 November 1986 may be eligible for payment of SpB subject to meeting all other qualification criteria.

Act reference: SSAct section 735(3) SpB is not payable to a woman if…, see (c)

Holder of a specified subclass of visa

Holders of the following temporary visas MAY be paid SpB even though they are not Australian permanent residents:

• subclass 820 - extended eligibility (spouse),
• subclass 820 - extended eligibility (partner),
• subclass 826 - interdependency (provisional),
• subclass 309 - Spouse (provisional),
• subclass 309 - Partner (provisional),
• subclass 310 - interdependency (provisional),
• subclass 785 - temporary protection,
• subclass 786 - temporary (humanitarian concern),
• subclass 447 - secondary movement offshore entry,
• subclass 451 - secondary movement relocation,
• CJSV (9.2.14) - issued specifically for the purpose of assisting in the administration of criminal justice in relation to the offence of people trafficking, sexual servitude or deceptive recruiting,
• subclass 695 - return pending,
• subclass 787 - witness protection (trafficking)(temporary), and
• subclass 070 - bridging (removal pending).

Note: Holders of visa subclasses 309 and 820 (Spouse/Partner) and 310 and 826 (Interdependency) qualify for SpB as a result of a determination under SSAct 729(2)(f)(v), but for applications for SpB made from 1 January 2012 these visa holders will be required to serve the SpB 2 year NARWP unless they have experienced both financial hardship and a substantial change in circumstances beyond their control after arrival in Australia. Refer 3.7.1.20.

Act reference: SSAct section 729(2) The Secretary may, in his or her discretion, determine that a SpB should be granted…, see (f), section 739A(8) Paragraphs 3(1)(e) and (g) of the Social Security Legislation Amendment (Newly Arrived Resident's Waiting Periods and Other Measures) Act 1997 ... do not apply to a person if ...

Policy reference: SS Guide 3.1.2.40 Newly Arrived Resident's Waiting Period, 3.7.1.20 Payability of SpB, 3.7.2.40 SpB for People not Residentially Qualified for Other Payments

Some people CANNOT qualify for SpB

The following people CANNOT qualify for SpB, a person who:

• is voluntarily unemployed, OR
• elects to devote their efforts to the establishment or conduct of a business venture which may at the time of application be unprofitable, OR
• perseveres with an unprofitable venture.

Explanation: These people have control over their circumstances, and therefore should not be granted SpB.

_______________________________________________________

Last reviewed: 3 January 2012