|
|
|
|
|
In certain circumstances, payments may be paid to someone else on behalf of a customer. As some customers are vulnerable to exploitation, this should be done in a way that does not conflict with the intention of the inalienability provisions in the SS(Admin)Act. It is considered that the rule against inalienability will not be infringed if the customer consents to the arrangements. Processes should, as far as possible, put customers in control of their own finances.
Act reference: SS(Admin)Act section 60 Protection of social security payment
Policy reference: SS Guide 8.4.3 Protection of Payment
Payment to another person/party should ONLY occur if:
Act reference: SS(Admin)Act section 45 Payment of YA - person under 18 and not independent, section 123B Appointment of payment nominee
SSAct section 5(1)-'parent'
Policy reference: SS Guide 1.1.G.68 Group payments, 3.2.3.20 Payability of YA, 5.4.1.40 Payment Methods for Advance Payments - Benefits & Pensions, 8.4.1.10 Regular Direct Credit Payments, 8.4.2.10 Urgent Payments
A customer who wants their payments, including advance payments, to go to another person on an ongoing basis has the option of appointing a payment nominee. In determining to appoint a payment nominee, consideration should be given to the individual circumstances of the customer and other avenues of payments to a third party to ensure that a nominee arrangement is the correct arrangement for the customer.
Policy reference: SS Guide 8.5.1 Payment Nominees
If DSP is paid to a supported employment agency, formerly known as a sheltered workshop, under a group payment system, the employer MUST pass on the full amount and may NOT make deductions for any reason. The employer, however, may choose to pay weekly or fortnightly.
A one-off urgent payment may be made to a third party on behalf of a customer in special or unusual circumstances where it is necessary to alleviate immediate hardship to the customer.
Example: If the customer is to be evicted from their house or the property in which they live, an urgent payment may be made to their landlord or real estate agency in respect of the customer's rent to prevent that eviction.
The customer's special or unusual circumstances must be verified before the delegate can decide that the urgent payment should be made.
Example: A recent eviction notice would provide evidence of the customer's imminent eviction from their house.
If the delegate decides to make the urgent payment, and the customer consents to this one-off arrangement, all or part of a customer's instalment may be paid to the third party on the customer's behalf by manual cheque. This payment will constitute part of the customer's normal instalment that is paid in advance of their usual instalment day, and is NOT a lump sum advance payment made under Part 2.22 of the Act.
Explanation: It is important to obtain the customer's consent so that the rule against inalienability is not infringed.
Note: It is important to make the payment by manual cheque to the third party so that there is evidence of the payment. This evidence will assist in preventing the customer from suffering any possible exploitation by the third party.
The customer should be advised about Centrepay and/or rental deductions, or referred to an appropriate agency or social worker for financial counselling if appropriate, to assist them in paying their rent in the future.
Act reference: SS(Admin)Act section 55 Payment into bank etc, section 60 Protection of social security payment
Policy reference: SS Guide 8.4.2.10 Urgent Payments, 8.4.3 Protection of Payment
_______________________________________________________
Last reviewed: 7 July 2003
