The Law Handbook 2024

Chapter 5.1: Dealing with social security 321 turned six years old. There are penalties for non- compliance. The rate of payment, the income test and the assets test are different for the PP (partnered) and PP (single) (see ‘Rate of payment (ss 503, 1068A, 1068B’, below). A ‘principal carer’ is a person responsible for the care of at least one dependent child, who is: • in the adult’s care, and the adult is legally responsi- ble (whether alone or jointly with another person) for the young person’s day-to-day care, welfare and development; or • not the dependent of someone else, and wholly or substantially in the adult’s care. A child can be the Parenting Payment child of only one person at a time. Members of a couple are considered to be people who are legally married but not living separately and apart on a permanent or indefinite basis, or people who are living in a ‘marriage-like relationship’ (including same-sex relationships). Members of a couple are generally precluded from receiving the PP (single) or any payment at the single rate. The question of whether two people are not living separately and apart, or are living in a ‘marriage-like relationship’, is complex and takes account of many factors. Most of these factors are listed in section 4(3) of the SS Act. They include financial aspects of the relationship, the nature of the household, social aspects, any sexual relationship and the extent of the persons’ commitment to each other. A person applying for, or receiving, the PP (single) may need to provide Centrelink with information about their living arrangements and relationship with the other person. Failure to provide the information may lead to the payment being refused, suspended or cancelled. If the information provided by the person does not establish that the person is single, the PP (single) is not payable. The Parenting Payment is also not paid if: • another person is receiving the Parenting Payment for the same child; • the person’s partner is receiving the Parenting Payment; • the person is receiving another social security payment(s) under another federal scheme; or • the person is serving a waiting period. Participation requirements Once the youngest child of a Parenting Payment recipient has turned six years old, the person will be required to sign an Employment Pathway Plan. Failure to comply may result in a penalty being imposed. The penalties are the same as for JobSeeker Payment breaches (see ‘JobSeeker Payment’, above). Rate of payment The PP (single) rate is subject to the same assets tests as pension payments. The PP (partnered) rate depends on whether the person’s partner is receiving a benefit. An assets limit applies, which is the same as the pensioner assets test. (ss 503, 1068A, 1068B SS Act) (See also A Guide to Australian Government Payments for more information about the Parenting Payment.) Special Benefit Eligibility The Special Benefit (ss 7, 729, 731 SS Act) is a discretionary ‘safety net’ payment that provides income support for some people who are unable to get any other social security income support payment, and who are in severe financial need due to circumstances outside their control. To be eligible for the Special Benefit, a person must: • not be eligible for a pension or benefit under the SS Act or a service pension under the Veterans’ Entitlements Act 1986 (Cth); • not be disqualified from receiving the JobSeeker Payment or PP (partnered) due to the person’s involvement in industrial action; • not be subject to a non-payment period for the JobSeeker Payment, Youth Allowance or Parenting Payment because of a serious failure or other specified provisions of the SS Act or SSA Act; • not be unable to be paid the JobSeeker Payment, Austudy Allowance or Youth Allowance due to specified breaches of the SS Act or SSA Act; • not be disqualified from receiving the PP due to a failure to meet participation requirements; • not be disqualified from receiving Youth Allowance because of a failure to satisfy the activity test or requirements relating to Youth Allowance Employment Pathways Plans; • not be disqualified from receiving Austudy because of a failure to satisfy the activity test;