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3.7.1.10 Qualification for SpB
Summary
This topic explains the qualification criteria for SpB, and the situations in which customers cannot qualify for SpB.
Qualification (1.1.Q.10) criteria
To qualify for SpB, a customer 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.
Criterion
More Detail
ALL of the following
Be UNABLE to receive any other social security pension (section 23(1)-'social security pension') or benefit (section 23(1)-'social security benefit'), AND
Be in financial hardship and unable to obtain or earn a sufficient livelihood for themselves and any dependants, AND
SS Guide 3.7.1.30 Assessment of SpB Claims
Be in Australia (1.1.A.320) throughout the period for which payment is sought, AND
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ONE of the following
Be an Australian resident (section 7(2)), OR
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Be the holder of a specified subclass of visa.
This topic
Unable to receive any other social security pension or benefit
SpB is ONLY available to customers who CANNOT receive any other income support payment under social security legislation. This means a customer 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:
o activity test failure in some form, OR
o 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:
o a PP breach non-payment period, OR
o 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 residents:
* subclass 820 - spouse (provisional),
* subclass 826 - interdependency (provisional),
* subclass 309 - spouse (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).
Act reference: SSAct section 729(2) The Secretary may, in his or her discretion, determine that a SpB should be granted…, see (f)
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
Procedure reference: Are you in a Crisis or Needing Special Help
Some customers CANNOT qualify for SpB
The following customers CANNOT qualify for SpB, a customer 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.
Es sagt allerdings das "Holders of Subclass 820 Visa" MAY be eligible also nicht unbedingt.
Aber bei Centrelink nachhaken, unbedingt und lass Dir Ausdrucke vom Gesetz geben falls es abgelehnt wird, kannst Du auf jedenfall nach fragen. Und dann kannst Du auch noch in die Berufung gehen, kostet nichts und wird Dir ganz bestimmt auch nicht negativ angerechnet.
