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Social Security Law provides for a full exemption from the participation requirement for a PP recipient who is temporarily unable to work for 8 or more hours per week and is unable to undertake another appropriate activity.
Many PP recipients who are ill, injured or have temporary medical conditions (examples include injuries resulting from accidents, and episodic periods of depression) can still take part in services to help them prepare for a job, even if they are temporarily unable to work. In addition they may be able to look for work even if they cannot actually work.
If a PP recipient is able to participate in suitable job preparation activities, they will be expected to do so. Participating in suitable activities will help PP recipients to remain active and be job-ready when they recover from the temporary or episodic condition. Requirements can be met flexibly to ensure they do not exceed the PP recipient's capacity.
However, if it is not appropriate for the PP recipient to undertake job preparation activities, an exemption may be applied (e.g. a person recovering in hospital would not be able to undertake any suitable activities).
Where a PP recipient submits a medical certificate which indicates that any of the medical conditions will be medium or long term in nature (such as with episodic or chronic conditions) an ESAt or JCA may be required to determine the impact of the medical condition on their participation requirements. Examples of medical conditions which can be considered episodic or chronic include schizophrenia, psychosis, drug and alcohol addiction, depression and anxiety.
Where a medical condition is likely to be short term (i.e. less than 13 weeks - see information in durations below) or is a minor ailment (such as common cold or influenza etc) there is no need for an assessment to take place.
A temporary incapacity exemption is granted where a person has 0 - 7 hours work capacity (and inability to work for 8 or more hours per week) which is supported by medical evidence and they are unable to undertake any programme of assistance or suitable activity.
A medical condition is considered to be:
An exemption can only be granted for the period stated on the medical certificate or for a maximum of 13 weeks, whichever is the lesser. A further exemption can be granted, if the PP recipient meets all eligibility requirements that the incapacity must be temporary and that the person must be unable to work more than 8 hours per week or undertake suitable activities.
If the circumstances on which the initial period of exemption were based remain in effect (as substantiated by an additional, valid medical certificate), then it would be appropriate for the delegate to grant subsequent exemptions from participation requirements for one or more other periods (also not exceeding 13 weeks).
If, however, a PP recipient is seeking an extension that will extend the exemption period or periods to a total of more than 26 weeks in a 12 month period, and there is no current assessment of the person's work capacity, then an ESAt may be required. Such a high rate of exemption could indicate that the person is avoiding participation, has an underlying or unknown condition, or is suffering from a long term condition. The assessment will inform the appropriate intervention and support necessary to address the person's barriers to participation.
After consideration of all evidence (possibly including an ESAt of a PP recipient's medical condition and work capacity), a delegate may determine that a PP recipient is capable of undertaking some activities and therefore is not eligible for a participation requirement exemption. These PP recipients will be required to undertake appropriate participation requirements, which take into consideration their individual circumstances and any barriers they may have, particularly their medical condition. It may be appropriate for their job search requirements to be reduced for a period of time, or for their participation requirements to be organised differently during this period of time (e.g. while a person attends their own medical rehabilitation due to injury, their other activities with their employment services provider may be modified).
Participation requirements for PP recipients not eligible for an exemption may include:
It is expected that most PP recipients who are temporarily ill or injured will have existing EPPs in place that can be modified. For example, the number of job searches might be reduced from 6 to 2 per fortnight while a person recovers. In other instances, new activities may become suitable during the period of reduced capacity, for example a PP recipient may attend medical rehabilitation.
In other cases, where a PP recipient has had an ESAt, it may recommend to the PP recipient a short-term intervention that responds specifically to their injury or illness, for example a PP recipient may be able to undertake a pain management course.
Example 1: Jane has a part-time participation requirement because she is a PP recipient with children of school age. She has to look for 6 suitable jobs a fortnight, attend a training course for 6 hours per week and fortnightly appointments with her employment services provider. Due to an episodic health issue, Jane becomes unable to continue this workload for a period of time. Her job search requirements are reduced to take account of her current capacity. This means that in her case, she still has to look for suitable jobs but only for 3 per fortnight. She could also, perhaps, attend her course by 2 half days per week instead of one full day. She still needs to search for work of at least 15 hours per week like other PP recipients.
Example 2: Mary has a child, Anne, aged 6 and is a single PP recipient. She has suffered occasional periods of schizophrenia and has documented evidence of her medical condition from her THP. The latest period of her re-occurring bouts of schizophrenia happened 2 weeks ago. On the basis of documentation from her THP which assesses her as temporarily not having the capacity to undertake part-time work of 15 hours a week, she is granted an exemption from participation requirements until she recovers from this specific period of ill health (each exemption period for a maximum of 13 weeks).
PP recipients who are able to benefit from employment assistance but who also have non-vocational barriers CAN receive employment assistance in JSA in parallel with non-vocational assistance through appropriate referrals from Centrelink.
Act reference: SSAct section 502H Temporary Incapacity, section 502J and section 502K Time Limit for Temporary Incapacity Exemption
Policy reference: SS Guide 3.2.11.10 Activity Test for NSA/YA Job Seekers - Exemptions - Temporary Incapacity
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Last reviewed: 1 July 2011
