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s22
Treatment of a partnered person as single under Section 24 new determinations 106-07120080
Currently published version valid from 7/03/2023 3:26 AM
Background
s22
. See Freedom of Information – Information Publication
Scheme.
This document outlines when a partnered person may be treated as single under Section 24 of the
Social Security Act 1991.
Purpose of Section 24
Section 24 of the Social Security Act 1991 enables Services Australia to apply a decision that there is
a ‘special reason’ not to treat a partnered person as a member of a couple.
If the agency applies Section 24 of the Social Security Act 1991, the customer is:
•
treated as single for all purposes of the Social Security Act and Family Assistance Act, and
•
paid the single rate of payment. Only their individual income and assets are included in the
assessment of the rate of payment
Staff can only conduct a Section 24 assessments once the customer is linked to their partner on the
Marital Status (
MS) and Link Person (
LP) screens. For information on which forms are required for
customers claiming or receiving an income support payment, see Change in relationship status from
single to partnered.
s47E(d)
s47E(d)
Identity requirements for partners
Only specific payments require a person's partner to confirm their identity. If a customer has a
partner, the customer
must provide identity documents for themselves and
their partner when they
claim:
•
Parenting Payment Partnered (PPP)
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•
Low Income Health Care Card (LIC)
•
Farm Household Allowance (FHA)
If the partner's identity has been confirmed previously, further identity documents will not be
needed.
If the partner has not provided identity documents in person, they will have a status of ‘No Linkage’.
See Identity Confirmation for more information.
A Partner Details (MOD P) or Partner details (AUS174) (where the customer is receiving an Australian
income support payment while living overseas) form is needed if the customer is not already linked
to their partner. Confirmation from the customer’s partner may be needed before linking can occur.
See Confirming a partnered relationship.
s47E(d)
When to apply Section 24
Section 24 is intended to be the
option of last resort. It must only be applied when all other
reasonable means of support have been explored and exhausted. It is not possible to predict all the
situations where Section 24 can be applied as the circumstances of each particular situation must be
considered on a case by case basis.
The discretion to treat a customer as not being a member of a couple should be exercised only
where full consideration of all the circumstances relevant to the individual's case would make it
unjust or unreasonable not to do so.
Responsibility for Section 24 assessments
A customer may not ask for an assessment under Section 24 provisions, as they may not be aware of
its availability. When the agency has information about a customer's circumstances that would
indicate a Section 24 assessment may be warranted, as a duty of care the customer should be
offered to test whether they have an entitlement under Section 24 provisions to be treated as single.
When a customer is requesting an initial Section 24 assessment, including where a new claim is
being processed, it is to be undertaken at first contact where possible. If the Service Officer does not
have the required skill set to undertake the Section 24 assessments, a referral may be needed.
Note: Service Officers processing JobSeeker Payment or Youth Allowance (job seeker) new claims
must complete the Section 24 assessment when the customer is residing in Australia.
If the Section 24 assessment is for a customer who
resides overseas, the assessment is conducted by
International Services (CIS).
When Section 24 is not appropriate
Staff must not apply Section 24 (S24) provisions to customers who are:
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•
single
•
separated due to illness
•
separated due to respite care
•
separated under one roof
If rejecting a claim the Section 24 relationship qualifier code is not to be recorded on the
MS screen.
The application of Section 24 provisions will be reconsidered if the claim is re-assessed.
Note: if a customer is receiving Family Assistance payments only, Section 24 provisions are
not to be
used as a work around when the partner is unable to supply their tax file number.
Section 24 provisions may be applied in
limited circumstances to customers:
•
whose partners are in prison (including overseas detention). Separate provisions of the
Social Security Act provide for higher levels of payment in situations where the partner is in
prison but the S24 may be applied in special circumstances. See
Partner in prison section
below
•
who are partnered and the partner is subject to the Newly Arrived Resident's Waiting Period
(NARWP) and has an Assurance of Support (AoS) in place. See
Partner serving Newly Arrived
Resident's Waiting Period (NARWP) and subject to Assurance of Support (AoS) section
below
Circumstances to consider
The following questions must be considered as part of the assessment while looking at the full
circumstances of the case:
•
is there a special reason to be considered in the couple's circumstance?
•
is there a lack of being able to pool resources for the couple as a result of the
circumstances?
•
is there financial difficulty as a result of the couple's circumstances?
There must be some degree to which circumstances are outside the couple's or individual's control
and cannot be changed. A couple's circumstances must be compared to a couple in similar
circumstances but for whom the special reason to apply Section 24 does not exist. Each
determination made must be based on the merits of each case after careful consideration of all the
facts.
It may be appropriate to apply Section 24 in circumstances including, but not limited to when the:
s47E(d)
•
customer has
limited access to their partner's income/assets. For example:
o
if the income of a person is not available for the use or benefit of their partner, or
o
the person is mentally infirm and a guardian has been appointed to manage their
affairs, or
s47E(d)
o
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•
partner is overseas or goes overseas, in which case the primary consideration is whether
the customer in Australia is deprived of the income support of the partner overseas. For
example:
o
there are legal restrictions on the transfer of funds from overseas
o
the overseas partner does not have sufficient excess funds to send to Australia
o
the situation has arisen beyond the control of either partner, or as an unintended
consequence of the partner's actions
o
does either party have power to alter the situation and, if so, are they taking
reasonable steps to do so?
o
in general, the circumstances must be unusual, uncommon, abnormal or
exceptional, which would support their description as ‘special’
•
partner is
not residentially qualified for an income support payment (see exception to the
rule below), or
•
partner is in an
Immigration Detention Centre awaiting deportation
If either partner has knowingly contributed to their situation, there would be considerably less
justification for exercising the discretion. This may be the case if one partner goes overseas and
leaves the other partner in Australia with insufficient funds, despite having the means to support
their partner.
s47E(d)
Assessing financial difficulty
The customer's overall financial situation must be considered when making a Section 24
determination. Financial difficulty has been described as not being able to provide for
accommodation and the basic necessities of life or to be without adequate means of support.
Decisions from the Administrative Appeals Tribunal (AAT) and Federal Court indicate ineligibility for
a Centrelink payment, in itself, is very unlikely to constitute a 'special reason' for a determination
under Section 24 provisions.
Financial difficulty can be determined by comparing readily available funds to necessary
expenditure. For example, taking into account all income and readily available funds from all sources
for both members of a couple. This includes (but is not limited to):
•
wages
•
income support payments
•
foreign pension
•
foreign income and assets
•
Family Tax Benefit
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•
investments, and
•
any in-kind assistance they might receive such as the value of free rent
If the total of these funds is insufficient to provide for accommodation and the basic necessities of
life, then the couple could be considered to be in financial difficulty. An example of this is when a
couple are living on the one partnered rate of payment as one partner is not eligible for any
assistance and has neither employment nor investment income.
When assessing a customer's circumstances, it is important to look at the
overall financial situation.
For example, a customer has $80,000 in a savings account, but the deemed fortnightly income is
considerably less. The
total amount of the balance of the bank account is taken into account when
considering Section 24, not just the fortnightly deemed amount.
s47E(d)
Customers living permanently together overseas
If a customer is partnered with a person and living overseas and the partner did not have any
income or assets prior to entering into the relationship, this does not necessarily constitute special
circumstances or an inability to pool resources.
In some countries the Australian Age Pension is several times the average wage per annum in the
country the couple are living together in. This must be considered when making a Section 24
determination, it is not appropriate to consider a couple to be in hardship in these cases.
For customers living overseas consideration must also be given to the cost of living expenses of the
country the customer is living in. This is consistent with the requirement to assess financial difficulty
and an inability to provide for accommodation and the basic necessities of life.
Customers living together overseas permanently who request Section 24 are assessed and reviewed
by International Services (CIS).
The Resources page has examples of whether it may or may not be appropriate to apply Section 24.
Partner serving Newly Arrived Resident’s Waiting Period (NARWP) and subject to Assurance of
Support (AoS)
The discretion to apply Section 24 may be applied in cases if the customer's partner is not
residentially qualified for an income support payment or is subject to a NARWP or similar Qualifying
Residence Period.
The Assurance of Support (AoS) scheme allows certain visa holders to migrate to Australia, even
though there is a high risk they may not be able to support themselves. The intent is that an assurer
can provide financial support to the assuree so they do not have to rely on the social security
system.
Generally, Section 24
should not be applied to a customer:
•
if their partner (or assuree) is serving a NARWP and has an AoS in place, and
•
the assuree has a valid and legal means of obtaining support from the assurer and/or,
•
has access to a social security benefit which has not been exercised
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When an AoS is in place and the assurer is a third party, and the assuree does not receive regular
income or in-kind support from the assurer, then the assuree must be encouraged to draw on the
AoS or apply for Special Benefit (SpB) if they are eligible. If the assuree is eligible for and makes a
claim for SpB, the assuree must prove they have made every effort to get adequate support from
the assurer prior to making the claim. Any assistance received by the assuree is taken into account as
income for SpB.
If there has been a substantial change of circumstances for the assurer (for example illness or job
loss) which means they are no longer able or willing to fulfil the obligations under the AoS, Service
Officers must
•
closely examine the assurer’s financial circumstances and
•
confirm no other forms of assistance can be provided prior to determining if a Section 24
assessment is appropriate.
If the assuree is to serve a NARWP for all payments, including SpB, any assistance provided by the
assurer is taken into account when looking at financial difficulty. Certain types or classes of visas
have available funds conditions placed upon them. That is, the person needed to have a certain
amount of funds available to support themselves while in Australia, before they are eligible for the
visa. Visa conditions must be explored when determining whether the couple are in financial
difficulty.
Note: SpB customers are generally subject to a long term available funds test if they are likely to be
on payment for more than 13 weeks. The long-term available funds test precludes payment to the
customers if the couple have more than $5,000 in available funds. If a non-residentially qualified
partner fails the long-term available funds test when claiming SpB, then it may not be appropriate
for Section 24 to be considered.
For further information about NARWP and SpB, see Eligibility and new claim procedures for Special
Benefit (SpB).
Partner in prison
If a person has a partner in prison, this alone is not sufficient to warrant the application of Section
24. The higher 'partner in gaol' rate of payment is available to customers in this situation in
recognition that they are less able to pool resources while their partner is in prison. Section 24,
however, may be applied if there is a 'special reason' in that particular case (that is, not just the
partner being in prison), which warrants not treating the person as a member of a couple. For
example, the customer's partner is in prison awaiting trial on fraud charges and the partner's assets
and accounts have been frozen by the courts.
Partner in Immigration Detention
If a customer’s partner is being detained in an Immigration Detention Centre, the customer is not
eligible for the ‘Partner in Gaol’ rate. However, consider if:
•
a ‘special reason’ exists,
and
•
Section 24 can be applied in these situations
Partner visas and section 24
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Partner visas (309/100 or 820/801) allow a person to travel to, live, or stay temporarily in Australia.
One of the conditions for these visas to be granted is for the person to have a sponsor. In most cases
the sponsor will be the person’s partner.
The sponsor’s obligation is to agree to support the visa holder and their children who are granted
the visa for the first 2 years after the Department of Home Affairs grant the visa by providing
accommodation and financial assistance.
s47E(d)
Multiple relationships
The social security system does not recognise the existence of multiple relationships, regardless of
whether they were formed within Australia or overseas. The policy was updated to include changes
relating to assessments under Section 24 provision, which decision makers can take into
consideration for when the customer does not form part of the central couple.
s47E(d)
If a Service Officer has determined the customer should not be considered as single under Section 24
and is to be paid at the partnered rate, the customer must be coded as single and paid a
manual
partnered rate, as the system does not allow for a customer to be linked to more than one
partner.
Note: additional partners who qualify for Parenting Payment (PP) will be paid Parenting
Payment Single (PPS) at the manual partnered rate. It is important to calculate
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the
manual partnered rate by applying the Parenting Payment Partnered (PPP) income test, not the
PPS income test.
Customers in hardship
When a Section 24 assessment cannot be undertaken at first point of contact and if the customer
meets the financial hardship criteria to have the Section 24 assessment processed urgently, a
referral may be sent for urgent processing.
See the Process page for more information on how to create a Section 24 assessment financial
hardship referral (this includes assessments as part of a new claim).
Making retrospective decisions
If a customer has failed to advise within 14 days (28 days for customers living together overseas)
they have become partnered, it may be necessary to consider any Section 24 assessment as being in
2 parts. The first part (Decision 1) being from the consideration day. The second part (Decision 2)
may be needed for any period prior to the consideration day.
Decision 1 - A current assessment to apply Section 24 to treat a partnered person as a single person.
Decision 2 - When a person is already receiving the single rate of payment and fails to advise they
have become partnered (for example, married or entered a registered or de facto relationship), and
their circumstances may have warranted exercise of discretion to apply Section 24 had they advised
correctly.
It would also be appropriate to consider Section 24 when investigating if a debt exists and the
amount of any debt. For example:
•
if after consideration it is determined Section 24 would have applied to the customer based
on their circumstances, then it is possible no debt exists, or
•
if after consideration it is determined Section 24 would
not have been applied to the
customer based on their circumstances, then a debt can only be raised for the difference
between what they were paid (single rate) and what they were entitled to receive
(partnered rate, taking into account the full effect of the partnered income/assets test being
applied)
Service Officers undertaking the Section 24 assessment need to determine whether Section 24 may
have been applicable retrospectively in order to work out if a debt exists. This includes where a
customer retrospectively discloses they were partnered but paid the single rate, however their
partner has passed away and the surviving member of a couple requests to be assessed under
Section 4 provisions for the retrospective period. Obtaining a co-signed MOD P will not be possible,
however accepting the customer’s signed form would be sufficient in these circumstances to assess
the need to recover payments the customer was not entitled to.
s47E(d)
Reviews of Section 24
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It is important for cases where a Section 24 assessment is applied to be kept under close review,
especially if there is a risk of incorrect payments due to a change of circumstances, which would
warrant the termination of the Section 24 assessment. A manual review must be conducted
every 13
weeks, or earlier if warranted. However, for customers whose circumstances are unlikely to change,
or where there is a very low risk of incorrect payment, reviews may only need to be conducted
annually. If discretion is used to extend the review period beyond 13 weeks, this must be
documented on the customer’s record and supported by facts.
Whenever a customer leaves Australia to visit their partner overseas, a review must be conducted
prior to departure to determine if Section 24 should continue to be applied whilst they are away.
Generally Section 24 does not apply if the couple are living together overseas.
See Member of a couple reviews - Section 24 for more information.
Maintenance action for customers assessed as single under Section 24
If the customer’s children are from the current relationship no maintenance action is needed, even
though the customer is now treated as single. This is because the customer could not be expected to
seek maintenance from their own partner. If they could, they would generally not be in a position
where Section 24 would be considered in the first place. An exemption from taking maintenance
action must be coded to avoid issues with the customer’s ongoing Family Tax Benefit entitlements.
If the children are from a previous relationship (or if the customer later separates from their
partner), then normal maintenance action would be needed.
Customers assessed as single under Section 24 and claiming Family Tax Benefit (FTB) for their
partner's child
If the customer is claiming FTB for their partner’s child and has been assessed as single under Section
24 of the Social Security Act 1991, the customer cannot receive FTB in respect to their partner’s child
(from a previous relationship). The child cannot be considered an FTB child of the customer. The
customer’s partner however, can test eligibility for FTB for their child from a previous relationship.
See Eligibility for Family Tax Benefit (FTB).
Child Care Subsidy (CCS) entitlement for customers assessed as partnered and partner lives
overseas
For customers assessed as partnered but receiving CCS only, the CCS entitlement will be based on
the combined family income (that is, includes any income earned by the partner overseas), and the
member with the lowest Activity Test result. Partners living or working overseas will have an
automatic Activity Test result of 100 hours, meaning the number of subsidised hours the customer
will be entitled to receive will be based on their level of activity. For more information, see Activity
Test for Child Care Subsidy (CCS).
The Resources page has a link to the Section 24 Decision Support Tool (DST), links to Partner Details
(Mod P/AUS174), forms and examples of situations where Section 24 of the Social Security Act 1991
would or would not apply.
Related links
Member of a Couple (MoC) and Separated under one roof (SUOR) assessments
Member of a couple reviews - Section 24
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Assessment of circumstances for a couple separated due to illness
Assessment of circumstances for customers with partner in prison
Eligibility for Special Benefit (SpB)
Residence assessment for customers claiming Special Benefit (SpB)
The Assurance of Support (AoS) scheme
Income Test for partnered allowance customers
Income Test for partnered pension customers
28 day rule for Centrelink International Services (CIS) customers
Process
Customers receiving an income support payment whose
partner has had their visa cancelled may
apply for assessment under Section 24 provisions.
s47E(d)
On this page:
Section 24 determinations
Assessment of Section 24
Unfavourable Section 24 decision
Favourable Section 24 assessment
Section 24 determinations
Table 1
Step
Action
1
Customer’s current circumstances + Read more ...
Action may be needed to review the customer’s relationship status due to a range of
circumstances.
If a Service Officer:
•
receives a Section 24 assessment required work item, go to Table 2, Step 1
•
has a review activity for supporting documents due, go to Table 2, Step 4
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If the customer:
•
has a Section 24 assessment in progress and the customer is now seeking
an
urgent assessment due to financial hardship, go to Step 5
•
has
returned requested supporting documents for a Section 24 assessment, go
to Table 2, Step 4
•
is partnered (including where they have failed to advise of becoming partnered
within their notification period) and an assessment to treat them as single
under
Section 24 (for both new claims and change of circumstances) is
needed, go to Step 3
•
is in a
multiple relationship, go to Step 2
•
is currently receiving payments under Section 24 and
advises of a change in
circumstances for themselves or their partner. For example, but not limited to -
income or assets, intend to travel overseas, partner arrives in Australia,
see Member of a couple reviews - Section 24. Procedure ends here
•
is currently receiving payments under Section 24 and a
Section 24 review
activity falls due, see Member of a couple reviews - Section 24. Procedure ends
here
•
is
separated due to illness, see Assessment of circumstances for a couple
separated due to illness. Procedure ends here
•
is
separated under one roof, see Member of a Couple (MoC) and Separated
under one roof (SUOR) assessments. Procedure ends here
•
is partnered and their
partner is in prison (including overseas detention),
see Assessment of circumstances for customers with partner in prison.
Procedure ends here
2
Determine if the customer is part of the central couple + Read more ...
The Australian social security system does not recognise the existence of multiple
relationships, regardless of whether they were formed within Australia or overseas.
s47E(d)
s47E(d)
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3
Check the record to determine if the customer is linked to their partner + Read more
...
Section 24 assessments for customers not in a multiple relationship can only be
conducted once the customer is linked to their partner on the Marital Status (
MS) and
Link Partner (
LP) screens.
Note: a formal MoC assessment
is not needed if the customer
is not linked to their partner.
s47E(d)
Is the customer already linked to their partner?
•
Yes, go to Step 4
•
No,
o action will depend on whether the partner is present or not. For
information on action needed, see Change in relationship status from
single to partnered. This includes where family and domestic violence is
present and it is decided the records should still be linked (contact a
Social Worker to discuss if needed). If all information:
- is available to link the customer and their partner (including
confirmation of the relationship by both the customer and partner),
complete the link and then go to Step 4
- is not available, procedure ends here until the relationship forms
(MOD P/AUS174) are returned
o if there is family and domestic violence issues present and it is decided
the records will
not be linked, contact a Social Worker to discuss if
needed, go to Step 4
When the MOD P or AUS174 is returned, Service Officers must process the form,
finalise the new claim and link the customer to their partner. See Table 2 in Change in
relationship status from single to partnered prior to undertaking or referring to the
appropriate region code for Section 24 assessment.
Note: for retrospective
assessments where the partner has passed away, a signed form from the customer only
may be accepted.
For
new claims - partner details will generally be gathered or relationship forms will be
issued as part of the claim process.
4
Determining who will undertake the Section 24 assessment + Read more ...
The Section 24 assessment and coding action will depend on whether the customer is
residing in Australia or overseas.
If the customer
resides:
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•
overseas, the Section 24 assessment is conducted by International Services
(CIS), go to Step 5
•
in Australia (regardless of whether their partner resides in Australia or
overseas), it is expected this will be undertaken at first point of contact where a
Service Officer has been trained in Section 24 assessments.
A referral for the Section 24 assessment is only appropriate where:
• the assessment request is received in a Service Centre and there is no Service
Officer onsite who has been trained to undertake the assessment, or
• the request is received by a Service Officer who is scheduled for inbound
telephony, or
• a processing Service Officer, including new claims, has not been trained in
Section 24 assessments.
Note: JobSeeker Payment and Youth Allowance (job
seeker) new claim processing staff must complete Section 24 assessments.
Do any of the above circumstances apply?
•
Yes, go to Step 5
•
No, go to Step 1 in Table 2
5
Consider eligibility for urgent assessment due to financial hardship + Read more ...
A customer may request an urgent assessment due to being in financial hardship.
Is the customer in genuine financial hardship?
•
Yes, go to Step 6
•
No, go to Step 7
6
Genuine financial hardship - refer for urgent assessment of Section 24 + Read more ...
If an open
S24 assessment required DOC already exists, close the
DOC and add a
new
DOC using the template below, depending on the customer's circumstances.
For customers residing in Australia
• Scan all supporting documents to the customer’s record
• s47E(d)
•
Do not complete the
Fast Note DOC
For customers residing overseas
• Scan all supporting documents to the customer’s record
• s47E(d)
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•
Do not complete the
Fast Note DOC
Note:
• the
DOC must include any information that has been provided (for example,
bank statements)
• relevant keywords s47E(d)
) are automatically attached
to the above
Fast Note to make sure the work item is mapped and categorised
correctly. There is no requirement to add any keywords to the
Fast Note or
change the office code on the
AL screen
Procedure ends here.
7
No genuine financial hardship – refer for assessment of Section 24 + Read more ...
For customers residing in Australia
• Scan all supporting documents to the customer’s record
• Create an
open work item using the Fast Note. Select s47
E(d)
•
Do not complete the
Fast Note DOC
For customers residing overseas
• Scan all supporting documents to the customer’s record
• Create an
open work item using Fast Note. Select s47E(d)
•
Do not complete the
Fast Note DOC
Note:
• the
DOC must include any information that has been provided (for example,
bank statements)
• relevant keywords are automatically attached to the above
Fast Note to make
sure the work item is mapped and categorised correctly. There is no
requirement to add any keywords to the
Fast Note or change the office code on
the
AL screen
Procedure ends here.
Assessment of Section 24
Table 2
Step
Action
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1
Skilled staff receive a WLM work item or Section 24 assessment is required + Read
more ...
Check the customer’s record to make sure there is sufficient information or documents
detailing the customer’s and partner’s current circumstances and financial situation to
make an assessment. Refer to the
Circumstances to consider section on the
Background page.
Note:
• The MOD P/AUS174 should not be used as sufficient information
unless it is
accompanied by attached supporting evidence
• If the form has evidence attached, this can be assessed to decide if there is
enough information to make a decision
• s47E(d)
Is there sufficient information to undertake a Section 24 assessment?
•
Yes, go to Step 6
•
No, and written evidence:
o Is not needed, go to Step 2
o Is needed (for example, bank statements), go to Step 3
2
Written evidence is not needed - contact customer + Read more ...
Make at least 1 attempt to contact the customer by phone to obtain the relevant
required information for the assessment under Section 24.
Was the outbound contact to the customer successful?
•
Yes, obtain the relevant information then go to Step 4
•
No, go to Step 3
3
Written evidence is needed - issue QSS32 Online Advice + Read more ...
It may also be appropriate at this time to request/gather information for a
retrospective period (that is, where a customer receiving the single rate of payment
fails to notify the agency that they were partnered). Service Officers need to determine
whether section 24 may have been applicable retrospectively in order to work out if a
debt exists. This includes where one partner has passed away.
To obtain written evidence:
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• Issue QSS32 Online Advice to request supporting information (for example,
bank statements, list of expenditures). See the Resources page for approved
QSS32 letter text
• If an open
S24 assessment required DOC already exists, record details of the
request by annotating the
DOC
• If there is no open
S24 assessment required DOC, create the
open work item
using Fast Note. Select
Auto Text use s47E(d)
(for customers residing in
Australia) or
Overseas resident S24 assessment req (for customers residing
overseas)
o Include details of what has been requested from the customer
o
Do not complete the
Fast Note DOC
• Place the open
S24 assessment required DOC on hold for the allowed time to
respond to follow up the return of supporting information
Note: if the customer has requested an urgent assessment due to financial
hardship (for example, there is already an open
Urgent S24 assessment
required DOC), remove the keyword s47E(d) from the Fast Note when placing
the open
DOC on hold
Procedure ends here.
4
Supporting documents returned or due to be returned + Read more ...
When a review activity falls due for the return of supporting documents, check the
customer’s record to confirm all requested/needed supporting documents have been
returned.
Note: the MOD P or AUS174 should not be used as sufficient information
unless it is
accompanied by attached supporting evidence. The supporting evidence should detail
the customer’s and partner’s current circumstances and financial situation. Refer to
the
Circumstances to consider section on the Background page.
Gather information required to make Section 24 assessment.
Has the customer returned sufficient information to assess if Section 24 should apply?
•
Yes, go to Step 6
•
No, go to Step 5
5
Customer to be treated as partnered + Read more ...
As the customer has not returned the required supporting documents within
the allowed time to respond, they must be treated as partnered.
See Step 1 in Table 3.
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6
The Section 24 determination + Read more ...
Once all supporting forms and information has been received, use the Section 24
Decision Support Tool on the Resources page to assist in determining whether it is
appropriate to consider payment under Section 24 provisions.
Consider the customer’s circumstances. As part of the assessment, consider the
following:
• Is there a special reason to be considered in the couple’s circumstances?
• Is there a lack of being able to pool resources for the couple as a result of the
circumstances?
• Is there financial difficulty as a result of the couple’s circumstances?
In
all cases there must be unusual, uncommon, abnormal or exceptional circumstances.
s47E(d)
Examples of some Section 24 cases are included on the Resources page.
Does the customer and partner have a 'special reason' to be considered single under
Section 24 provisions?
•
Yes, see Step 1 in Table 4
•
No, see Step 1 in Table 3
Unfavourable Section 24 decision
Table 3
Step
Action
1
Contact customer + Read more ...
When making an unfavourable decision, speak to the customer:
• explain the decision
• give them a chance to provide more information, and
• tell them of their review and appeal rights
Make 2 genuine attempts to contact the customer before issuing an advice. If the
customer is overseas, two contact attempts must be made over a 48 hour period. For
more information, see Calling a customer or returning a customer’s call.
Was the first contact attempt with the customer successful?
•
Yes, and the s24 assessment is:
o
in relation to a multiple relationship, go to Step 3
o
not in relation to a multiple relationship, go to Step 4
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•
No, go to Step 2
2
Contact attempts + Read more ...
First contact attempt unsuccessful
• Annotate the open
S24 assessment required DOC where one is present, or
create the following
open work item using Fast Note. Select s47
E(d)
o
Do not complete the
Fast Note DOC
o Detail the date and time of the attempted contact. The
DOC must have
sufficient information to inform any other Service Officer of the reasons
for the adverse decision in the event they may have to make the
second contact attempt
o Place the open
S24 assessment required DOC on hold until the next
business day
o If another Service Officer makes the second contact attempt then they
become the Decision Maker in this case and must record the decision
Second contact attempt
If the second contact attempt is:
•
successful, tell the customer of the decision, the notification rules and their
review and appeal rights. If the section 24 assessment is:
o
in relation to a multiple relationship, go to Step 3
o
not in relation to a multiple relationship go to Step 4
•
not successful, update the
S24 assessment required or
Section 24
Progress DOC to detail the customer has not been notified of the decision by
phone as the second attempt was unsuccessful and the date and time of the
attempted contact. For customers:
o in a multiple relationship, go to Step 3
o not in a multiple relationship, go to Step 4
3
Customer is in a multiple relationship - Section 24 assessment unfavourable
decision + Read more ...
The system will not allow a customer to be linked to more than one partner. The
customer must be:
• coded as single on the system, and
• paid a
manual partnered rate
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Staff must code their rate of payment manually to the equivalent of the partnered rate.
If the customer is receiving PPS and qualifies for Parenting Payment Partnered (PPP),
they will be paid PPS at the manual partnered rate. It is important to calculate
the
manual partnered rate by applying the PPP income test, not the PPS income test.
•
Maintenance action is not needed for children of current relationships in a
multiple relationship. The system will not let the extra partners' records be
linked to the central partner. Assessment by a social worker is also not needed.
Code maintenance action as:
o
s47E(d)
See Maintenance Action Test (MAT) codes
o
If there is a later breakdown in the relationship, normal maintenance
action is needed
s47E(d)
•
Family assistance reconciliation - Manual intervention into family assistance
reconciliation will need to be undertaken for the manual rate paid to additional
partners (only) in multiple relationship cases. Customers in the primary
relationship (partnered status on the Marital Status (
MS) screen) will not need
to be sent to the MIV team. For more information, see Manual intervention
into family assistance reconciliation
Go to Step 6.
4
Customer is not in a multiple relationship - Section 24 assessment unfavourable
decision + Read more ...
The customer must be linked to their partner, where this was not previously done.
Go to the
LP screen to check if the customer is linked to their partner.
Is the customer already linked to their partner?
•
Yes, go to Step 6
•
No, and the customer:
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o is a PPS customer, as the customer is assessed as partnered, they are
no longer eligible for PPS and may wish to transfer to PPP or test their
eligibility for another payment. See Transfer from Parenting Payment
(PPS) to Parenting Payment (PPP), then go to Step 6
o is on a payment other than PPS, go to Step 5
New claims - linking the customer to their partner will be done as part of the new claim
activity.
5
Update MS screen + Read more ...
If the partner does not have a record,
do not create one now. A record will be created
and updates to the partner’s details will be completed as part of the linking process.
Note: both customer and partner’s record must be in the same ‘Environment’ to link
records. See Inter-environment change of address (ICoA) transfer of a customer record.
To link the customer to their partner, in the customer’s record, go to the s47E(d)
See Adding a customer to the system.
Note: if the partner does not have a
Confirmed Identity Confirmation (ICI),
they
may need to provide documents that establish Commencement of Identity
(CoI) and use of identity in the community (Primary Use in the Community
(PUiC) and Secondary Use in the Community (SUiC)). The link between the
identity and the individual will then be established through a photographic
identity document. For more information see Identity Confirmation
• Update any changes from the Customer Detail Task Selector (
CDTS) screen (for
example Change of address). For more detail, see Changing Address (CLK)
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• An auto link of 2 customers (
LNK) code will show in
Rent Verification: field on
the
AC screen when linking records. This will need to be updated or Rent
Assistance (if applicable) will stop. Review and update the couples’
accommodation details. See Completing the Accommodation Details (AC)
screen and assessing Rent Assistance (RA)
• Update income and assets if not already updated
• Obtain a new estimate of income for Family Tax Benefit (FTB) if applicable.
See Estimating income for family assistance and Paid Parental Leave scheme
payments
• Update partner's Foreign Income/Assets/ Pension Summary (
FIPS) screen (for
comparative foreign payment). For information on coding see Foreign income
6
Record the decision + Read more ...
Is the customer in a multiple relationship?
•
Yes, go to Step 7
•
No, staff must:
o create a closed
DOC on the customer's record only (that is, the
customer who was assessed under Section 24 provisions):
o record a
DOC using
Fast Note. Select s47E(d)
o Go to Step 8
7
Record the decision for customer is in a multiple relationship + Read more ...
Staff must
:
• create a closed
Display on Access (DOA) DOC
on all customer records. s47E(d)
This
DOA DOC
must not have an expiry date
• record a
DOA DOC on the
customer's record using Fast Note. Select s47
E(d)
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o Complete DOC as appropriate
• record a
DOC on the s47E(d)
o Complete DOC as appropriate
• Go to Step 8
8
Issue a decision letter + Read more ...
• Finalise all associated activities and
DOCs on
AL screen
• Issue a manual Q888 letter, detailing the decision not to apply Section 24 to the
customers' circumstances. See the Resources page for links to approved
rejection Q888 letter text
Favourable Section 24 assessment
Table 4
Step
Action
1
Update the customer’s Marital Status (MS) screen + Read more ...
The customer is considered as single under Section 24 and is to be paid at the single
rate.
Is the s24 assessment in relation to a multiple relationship?
• Yes, go to Step 2
• No, go to Step 3
2
Customer is in a multiple relationship - Section 24 assessment unfavourable decision
– update record + Read more ...
The customer is in a multiple relationship and the decision maker has determined that
the customer can be treated as single under Section 24.
The customer is considered as single under Section 24 and is to be paid at the single
rate. s47E(d)
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s47E(d)
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3
Customer is not in a multiple relationship - Section 24 assessment unfavourable
decision – update record + Read more ...
Updating the customer's
MS screen from a 'partnered' to a 'singular' status will
automatically update the partner's marital status and unlink the records. The Section 24
(S24) relationship qualifier code will not replicate on the partner's record and must be
manually updated where the partner is a current Centrelink customer. If the partner is
not a current Centrelink customer, the S24 relationship qualifier code is not required to
be recorded on their record.
s47E(d)
o New claims - the date of event will generally be the start date of the
payment
o Non-new claim - the date of event will generally be the date of the
change or the date the assessor determines the customer qualifies
under Section 24, see Notification Handler for date of effect rules
o A retrospective decision may be needed when single customers fail to
advise they become partnered within 14 days (28 days for customer
living together overseas) noting the presence of any family and
domestic violence must be factored into the decision
o If a Section 24 is not applied retrospectively based on the customers
circumstances, raise a debt. The debt will be for the difference between
what the customer was paid (single rate) and what they were entitled
to receive (partnered rate). The full effect of the partnered
income/assets test is to be taken into account
•
Marital Status:
o
New claim and customer and partner
were not already linked, s47
E(d)
Do not select S24 relationship qualifier if customer’s claim is
to be rejected
o
New claim and customer and partner
were already linked, s47E(d)
. If
customer and partner were already linked with the same date as the
date of the claim, select s47E(d)
.
Do not select S24 relationship qualifier if
customer’s claim is to be rejected
o
Non-new claim, and customer and partner
were not already linked,
and decision to apply S24 is the same as the date they became
partnered, s47E(d)
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s47E(d)
o
Non-new claim, and customer and partner
were already linked, update
s47E(d)
. If customer and partner were already linked with the same
date of when S24 is to be applied, select s47E(d)
• s47E(d)
s47E(d)
• repeat the above coding on the partner's record
Note: if the customer is a Parenting Payment Partnered (PPP) customer, the
MS screen
and coding the S24 relationship qualifier code will be updated in a benefit transfer
(BTR) activity, see Transfer from Parenting Payment Partnered (PPP) to Parenting
Payment Single (PPS) to apply the section 24 decision.
Go to Step 4.
4
Code a Manual Review + Read more ...
Is the Section 24 assessment in relation to a multiple relationship?
•
Yes, go to Step 5
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•
No, staff must
code a new manual review on both
the customer’s and
partner’s record to review their circumstances again in the future. The purpose
of the review will be to identify whether it is appropriate to continue to apply
Section 24 provisions at that time
Go to Step 6.
5
Coding a review for customer is in a multiple relationship + Read more ...
Staff must
:
• record the review on the
customers record only. This is because the person
whom they have declared as their partner is already partnered, and not
assessed under Section 24 provisions.
• use the s47E(d)
• Go to Step 6
6
Record the decision + Read more ...
Is the Section 24 assessment in relation to a multiple relationship?
Yes, go to Step 6
No, staff must
:
• create a closed Display on Access (
DOA)
DOC on
both the customer and partner
records, regardless if the partner is receiving an income support or family
assistance payment. This
DOA DOC must not have an expiry date
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• record a
DOA DOC using Fast Note. Select s47E(d)
• Go to Step 7
6
Record customer in a multiple relationship + Read more ...
Staff must:
• create a closed Display on Access (DOA)
DOC on all customer records that form
part of the multiple relationship (that is, the central couple as well as the
customer who was assessed under Section 24 provisions). This
DOA DOC must
not have an expiry date
• record a
DOA DOC on the
customers' record using Fast Note. Select s47
E(d)
• record a
DOC on both records of the
central couple using Fast Note.
Select s47E(d)
• Go to Step 7
7
Issue a decision letter + Read more ...
• Finalise all associated activities and
DOCs on
AL screen
• Issue a manual Q888 letter detailing the decision to apply Section 24 to the
customer's circumstances. See Resources for links to approved favourable Q888
letter text
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•
Go to Step 8
8
Follow up FTB payments + Read more ...
•
Income estimate: Check if this has to be updated for FTB and Child Care
Subsidy (CCS). See Updating income estimates for the current financial year
•
Maintenance action is not needed for children of the current relationship when
customers are paid under Section 24. Assessment by a social worker is also not
needed. Code maintenance action as:
o
s47E(d)
. See Maintenance Action Test
(MAT) codes
o
If there is a later breakdown in the relationship, normal maintenance
action is needed
Note: if a customer is claiming FTB for their partner's child and has been assessed as
not a member of a couple under Section 24 of the Social Security Act, the customer
cannot receive FTB in respect of their partner's child (from a previous relationship). The
child cannot be considered an FTB child of the customer. The customer’s partner
however, can test eligibility for FTB in relation to their child from a previous
relationship. See Eligibility for Family Tax Benefit (FTB).
References
Policy
Social Security Guide, 3.1.1.10, Residence Requirements
Social Security Guide, 2.2.5.50, Discretion to Treat a Person as Not Being a Member of a Couple for a
Special Reason
Social Security Guide, 1.1.R.200, Residence
Social Security Guide, 1.1.R.210, Residence requirements
Family Assistance Guide, 1.1.M.50, Member of a couple
Legislation
Links to the Federal Register of Legislation site go to a 'Series' page. Select the ‘Latest’ version.
Social Security Act 1991
•
section 4, Family relationships definitions-couple
o
subsection 2 'Member of a couple-General'
•
section 7, Australian residence definitions
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o
subsection 2 'An Australian resident is a person who'
•
section 24, Person may be treated as not being a member of a couple
A New Tax System (Family Assistance) Act 1999, section 3(1), Member of a couple
Resources
Section 24 decisions
Section 24 is a discretionary decision and each case must be based on its own merit. Before making a
determination to apply Section 24, Service Officers must take into account all the available funds and
assistance the customer has access to, including in kind support from a family member or an assurer
(if the customer is subject to an Assurance of Support).
s47E(d)
s47E(d)
s47E(d)
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s47E(d)
However, this determination is a process of
weighing all the facts and each case
must be decided on
its own facts and merits.
Forms
Partner Details form (MOD P)
Partner details form (AUS174) – where the customer is claiming an Australian payment while living
overseas
Examples of treating a partnered person as single for Section 24
Table 1
Item
Scenario
1
May be appropriate to apply - customer on temporary non-working visa, partner
unemployed
Customer on temporary non-working visa, partner unemployed. Bob and Dianne have
had to move interstate for family reasons, Bob is looking for work.
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Dianne is not able to work due to being in Australia on a temporary non-working visa.
As Dianne is not residentially qualified to claim an income support payment, only Bob
has some support in the form of Parenting Payment Partnered (PPP).
Bob and Dianne are in financial difficulty, and have a special reason for considering
Section 24, and treating Bob as single, and paying Parenting Payment Single (PPS).
2
May be appropriate to apply - prison release, parole requirements specify living
arrangements
John has recently been released from prison. Parole requirements specify John must
live in a hostel for 12 months.
John's partner Jane is currently receiving JobSeeker Payment (JSP).
John is required to pay for personal accommodation and food charges while living at
the hostel from JSP payments. Jane already has a place and cannot live at the hostel
with John.
Customers cannot reasonably be expected to benefit from the pooling of resources as
they must reside in separate accommodation and pay their own living expenses
3
May be appropriate to apply - customer resides overseas with partner periodically,
but does not benefit from the pooling of resources
Pete is currently receiving the Age Pension under Section 24 and spends time overseas
to reside with partner, Maria, for 6 monthly periods. Maria has no income and has
never contributed any money to support Pete. Pete does not benefit from a pooling of
resources while residing with Maria overseas as Maria has nothing to contribute to the
pool.
It may be appropriate to continue to pay Age Pension to Pete under Section 24
provisions for the periods of the overseas trips, after the circumstances are verified
(taking into account the social security system that applies to the country of residence).
4
May be appropriate to apply – partner is on a spouse visa and the customer is the
sponsor
Rebecca is partnered to Dylan, who has been granted a Partner visa
(Temporary)(subclass 820). This means that Dylan can stay in Australia temporarily
while the Department of Home Affairs process Dylan's permanent Partner visa (subclass
801) application. Rebecca is Dylan’s sponsor and has agreed to support Dylan for the
first 2 years after the visa was granted by providing accommodation and financial
assistance.
Rebecca has recently been involved in an accident and as a result exhausted the funds
available to Rebecca due to medical expenses. As a situation has arisen beyond
Rebecca’s control it may be appropriate to grant payments under Section 24 provisions.
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5
Not appropriate to apply - customer has access to joint bank account while partner
working overseas
Jenny is an Australian resident. Jenny's partner, Danielle (also a resident), is working
overseas but does not have enough money left from wages after expenses to send any
back to help support Jenny.
Jenny has no support from Danielle, and so has a special reason for being considered
under Section 24. However, Jenny has access to a joint bank account in Australia, with a
balance of $15,000. Jenny and Danielle can still benefit from pooling their resources,
and they have not explored and exhausted all reasonable sources of financial support.
It would not be appropriate to grant Jenny Parenting Payment Single (PPS) under
Section 24.
6
Not appropriate to apply - customer has access to funds while partner working
overseas
Erica, an Australian resident, is partnered to Hans who is currently working overseas.
Hans is not able to save enough from salary payments to support Erica by sending
regular money.
Erica has part-time work but this is not enough to survive on alone, and no Parenting
Payment Partnered (PPP) is payable, due to Hans' gross wages.
Hans visits Erica and their children every 6 months or so, and during the most recent
visit left Erica $5,000 to help buy food, clothes, and pay general expenses. This
arrangement means Erica and Hans can benefit from the pooling of their resources, and
Section 24 is not appropriate in this scenario.
7
Not appropriate to apply - customer has current Section 24 applied but goes overseas
to live with partner
James is currently receiving Parenting Payment Single (PPS), and is being treated as
single under Section 24 due to partner Carly being overseas. Carly is not residentially
qualified for any income support payments in Australia and is living in an Organisation
for Economic Cooperation and Development (OECD) country and receiving income
support. There are restrictions on the transfer of Carly's income out of the country.
James has gone overseas temporarily to visit Carly and assist in the necessary
preparations for Carly's emigration to Australia.
James can no longer be paid PPS under Section 24 due to living together overseas with
Carly, and they can now benefit from pooling their resources which was previously not
possible.
8
Not appropriate to apply - customer has a visa requirement to have access to their
owns funds in order to reside in Australia
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Sammie has recently arrived in Australia on a student visa and is partnered to Ryan, an
Australian resident currently receiving Disability Support Pension (DSP).
One of the requirements of Sammie's student visa is having access to $18,000 per year
to meet living cost requirements.
As it is a requirement of Sammie's visa to be able to be self-supporting whilst studying
in Australia, it would not be appropriate for Section 24 to be considered.
9
Not appropriate to apply - funds needed by a person who arrives in Australia on a
student visa
A person who arrives in Australia on a student visa is required to have access to the
following funds to meet the living cost requirement:
• $18,610 per year for the main student
• $6,515 per year for the student's partner
• $3,720 per year for the student's first child
• $2,790 per year for every other child
In this situation, it would
not be appropriate for Section 24 to be considered, as it is a
requirement of the student's visa to support themselves on the above available funds.
10
Not appropriate to apply – customer and partner live overseas and customer is able
to provide the basic necessities of life
Clive (an Australian Age Pension customer) is living overseas in the Philippines. Clive
marries Alice. Alice does not work and has no income or assets.
Clive has a savings account in the amount of $10 000, and also has a small overseas
pension.
Due to the cost of living in the Philippines, Clive’s Australian Age Pension is several
times the annual equivalent to the basic wage in that country. Clive is able to provide
the basic necessities of life for both of them and therefore it would not be appropriate
for Section 24 to be applied as financial difficulty cannot be established.
11
May be appropriate to apply - customer and partner live overseas and unable to pool
resources
Alice lives in China with Lee. Alice receives the Australian Age Pension, Lee works part
time.
Lee has an accident and due to the injuries is not able to return to work. Lee is not
entitled to any income support or any payments in China.
As Lee is no longer able to work, Lee and Alice are no longer able to pool resources,
therefore it may be appropriate to apply Section 24.
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12
s47E(d)
Approved text for requesting information, confirmation and rejection letters
Table 2
Step
Action
1
Questionnaire or S24 decision letter to be issued
If a:
•
QSS32 Questionnaire is to be issued, go to Step 2
•
Q888 S24 letter is to be issued for a customer, see s47E(d)
, noting
there are different versions depending on the customer’s payment type. The
following letters are available:
o favourable decision for Family Tax Benefit (FTB) only recipients
o favourable decision for Income Support and FTB recipients
o rejection decision for FTB only recipients
o rejection decision for Income Support and FTB recipients
2
QSS32 Questionnaire
A QSS32 Questionnaire may be manually issued if further information is required from
the customer to assist in making a decision about an initial assessment or continuation
of payment at the single rate under Section 24 of the Social Security Act 1991.
The text for the Free Text Paragraphs below is approved and
must not be modified. Only
questions that are relevant to the customer’s and their partner’s circumstances should
FOI/LEX - 73213 Page 35 of 56
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be included. For example, if the partner is
not an Australian resident and not present in
Australia, make sure Free Text Questions I and J are included.
Issue a QSS32. Complete all letter fields by entering the corresponding numbers for the
required selection:
• s47E(d)
:
We are currently assessing your entitlement to be paid under Section 24
of the Social Security Act 1991. Section 24 states that under some
circumstances a person may be treated as a single person even though they
have a partner.
• s47E(d)
Select Free Text fields as required.
Note: only insert questions that are applicable to the
customer's circumstances.
FREE TEXT QUESTION A
Are you still in a relationship with
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{PARTNER'S FULLNAME}?
If no, go to Question 2. If yes, go to Question 3.
FREE TEXT QUESTION B
What date did you separate from your ex-partner? Do not answer any more
questions. If you have not already provided separation details, go to
servicesaustralia.gov.au/moc for information about what you must do.
FREE TEXT QUESTION C
Please supply bank statements for all bank accounts you and your partner
have in your names. Include managed investments held in and
outside of Australia for the period <START DATE> to <END DATE>.
FREE TEXT QUESTION D
Provide a list of your weekly costs for example, electricity, gas,
telephone, rates, rent, groceries, transport and minimum loan repayments.
FREE TEXT QUESTION E
What steps have you and your partner taken to reduce financial difficulty,
such as looking for work, studying, applying for a permanent visa etc.?
FREE TEXT QUESTION F
Have you or your partner been paid for any work since <DATE>?
If yes, please provide a copy of all the payslips.
FREE TEXT QUESTION G
Have you or your partner had any changes to your income or assets that
you have not told us about? If yes, please provide details.
FREE TEXT QUESTION H
Is there anything else we need to know about your current circumstances
to support the review?
Free text questions I and J are only required if the partner is
not an Australia resident
and not present in Australia, otherwise these questions are not required.
FREE TEXT QUESTION I
As your partner is currently living overseas, how are they being
financially supported?
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FREE TEXT QUESTION J
Do you plan to lodge an application for a permanent residence visa for
your partner whilst they are in Australia?
Review the letter to make sure the content is correct.
Finalise and print the letter
Training & Support
Add the course number to the
Search field in the Learning Portal (LMS) in ESSentials:
•
CLK01101 - Section 24: Introduction
•
CLK01102 - Section 24: Decision making & processing
•
CLK01388 - Section 24: Refresher
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s22
Member of a couple reviews - Section 24 110-19111307
Currently published version valid from 6/02/2023 9:08 PM
Background
s22
. See Freedom of Information – Information Publication
Scheme.
This document outlines the process for conducting member of a couple reviews for customers
receiving a payment under Section 24 provisions.
Initial assessment of a couple
Assessment under Section 24 enables a delegate to decide there is a special reason not to treat a
customer as a member of a couple. This only applies in limited situations. Generally, if either
member of the couple does not, or cannot reasonably expect to benefit from the pooling of
resources that usually occurs in a member of a couple relationship.
Exercising the discretion to continue treating a customer as
not being a member of a couple occurs
only after the completion of a review. The customer's current circumstances at this time must be
assessed and a determination made to either continue payment under Section 24 provisions or not.
The intention of Section 24 is for it to be the
option of last resort. Apply Section 24 provisions only
when all other reasonable means of support have been explored and exhausted.
Reviews of Section 24 determinations
It is important to keep all cases with a Section 24 assessment applied under close review. Especially
if there is a risk of incorrect payments due to a change of circumstances that would warrant ending
the Section 24 assessment. Conduct manual reviews on a regular basis. A review must occur
every
13 weeks or earlier if warranted. Customers with circumstances unlikely to change or a very low risk
of incorrect payment may have an annual review. If using discretion to extend the review period
beyond 13 weeks, document this on the customer's record supported by facts.
The purpose of the review is to identify the appropriateness of continuing to apply a Section 24
assessment. It is also to identify whether the customer's circumstances have changed and if it is no
longer appropriate. Changes that may affect the ongoing assessment of a customer as single under
Section 24 include:
• income and assets
• living arrangements
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• changes to the partner's residence/visa status or overseas absences, i.e. cancellation of
partner’s visa
There may be circumstances where the application of a Section 24 assessment is no longer
applicable. Entitlements under Section 24 provisions may no longer be appropriate if:
• a customer receiving payments under Section 24 advises they have separated from their
partner
• a customer receiving payments under Section 24 while in a multiple relationship, advises
they are no longer in a multiple relationship
• a customer is no longer in receipt of Centrelink payments or services and the payment has
been cancelled for 13 weeks or longer
• the partner is now on a Centrelink payment
The review process must include reviewing the circumstances at the time of the original decision to
apply Section 24 together with their current circumstances, and the following:
• Have the circumstances changed?
• Are the circumstances still beyond the control of the customer?
• Has the customer taken reasonable steps to change the circumstances within their control?
The review should consider if the customer has taken reasonable steps to access funds from assets
and/or income previously not readily accessible.
The Process page has details on the assessment process.
Current Section 24 customer and exemption from the NARWP for family member of refugees and
former refugees
If the customer is partnered to a person living overseas, the arrival of the partner (newly arrived
resident) in Australia is a change in circumstances. Therefore, a review of the Section 24 decision
must occur.
The partner may wish to claim their own income support payment upon arrival. As a newly arrived
resident, they may access an exemption to the Newly Arrived Resident's Waiting Period (NARWP).
However, they must be the
family member of:
• the refugee or former refugee when the
refugee arrived in Australia, and
• that person
on the date they lodge a claim for an income support payment (unless the
refugee or former refugee has died)
As the customer and their partner are treated as single under Section 24, this decision impacts on
the definition of a
family member for the purposes of the NARWP exemption. Therefore, the Section
24 review needs to be finalised before considering whether the partner is eligible for the NARWP
exemption.
The Resources page has links to forms, letter templates, Office Locator, Section 24 Decision Support
Tool, questions for member of a couple interviews and approved text for Section 24 Questionnaire,
confirmation and rejection letters.
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Related links
Treatment of a partnered person as single under Section 24 new determinations
Assessment of relationship status - processes, roles and responsibilities
Assessment of circumstances for customers with partner in prison
Eligibility for Special Benefit (SpB)
The Assurance of Support (AoS) scheme
Process
Undertaking a Section 24 review
Finalising Section 24 reviews
Undertaking a Section 24 review
Table 1
s47E(d)
Step
Action
1
Determine action required for Section 24 customer + Read more ...
If a customer:
• has
returned supporting documents for a Section 24 review or a review for
supporting documents falls due, go to Step 8
• is currently receiving payments under Section 24
advises of a change in
circumstances (for example, but not limited to - income or assets, intend to
travel overseas, partner arrives in Australia, FTB claim lodged indicating they are
partnered or cancellation of partner’s visa) has occurred, go to Step 2
• is receiving payments under Section 24 advises they have
separated from their
partner, see Change in relationship from partnered to single
• is
not currently receiving an income support payment and lodges a
new
claim for an income support payment or Family Tax Benefit (FTB) and has a
current Section 24 Relationship Qualifier code on Marital Status (
MS) screen, go
to Step 11
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• advises a change of circumstances that immediately indicates they are
no longer
eligible for a Section 24 assessment, for customers:
o in a multiple relationship, go to Step 9
o not in a multiple relationship, see Step 4 in Table 2
If a Service Officer receives a
Section 24 review work item and none of the above
circumstances apply, go to Step 4.
2
Change of circumstances - receiving payments under Section 24 + Read more ...
Customers currently receiving payments under Section 24 provisions who advise of a
change in circumstances (including overseas travel) must have their circumstances
reviewed to determine if a Section 24 assessment is still appropriate. The assessment
and coding action will depend on whether the customer is residing in Australia (and
whether the contact is face to face or via phone) or overseas.
If the customer
resides overseas, the Section 24 review is conducted by International
Services (CIS), go to Step 3.
If the customer
resides in Australia (irrespective of whether their partner resides in
Australia or overseas) and a change of circumstances which requires a review of a
current Section 24 assessment has been identified via:
•
Phone contact - complete a referral, go to Step 3
•
Face to face contact - the review must be undertaken at the point of first
contact where possible. If at the service centre:
o there
is no Service Officer with the required skill set to undertake the
Section 24 review, a referral must be completed, go to Step 3
o there
is a Service Officer with the required skill set to undertake Section
24 review, go to Step 5
3
Refer for review of Section 24
Customers residing in Australia: + Read more ...
• scan all supporting documents to the customer’s record
• record a
DOC using Fast Note. Select s47E(d)
Customers residing overseas: + Read more ...
• scan all supporting documents to the customer’s record
• record a
DOC using Fast Note. Select s47E(d)
Note: the
DOC must include any information that has been provided (for example,
Section 24 customer requires a review due to declaring earnings).
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Procedure ends here.
4
Check if customer and partner are in receipt of payments + Read more ...
Check the Payment Summary (
PS); DS List (
XBS); and
Customer Summary screens on the
customer and partner's (if they have one) record.
Section 24 is no longer applicable where
neither the customer
nor partner:
• are in receipt of a payment due to cancellation for a non-restorable reason, or
• has not been in receipt of payment for more than 13 weeks
Is the customer or their partner still in receipt of an income support payment or family
assistance?
•
Yes, go to Step 5
•
No, and the payment cancelled:
o Less than 13 weeks ago for a restorable reason, go to Step 5
o More than 13 weeks ago and/or for a non-restorable reason
Remove the Section 24 Relationship qualifier code from the
MS screen
on both records if this has not yet been completed
Cancel any existing and future Section 24 reviews, or other activities
related to the Section 24 circumstance
Annotate and expire the existing
Section 24 DOA DOC to advise the
circumstance is no longer applicable. Procedure ends here
5
Section 24 review: change of circumstances, skilled staff receive a WLM work item or a
review is due + Read more ...
A review must be undertaken to determine if it is appropriate to continue the Section 24
assessment. As part of the review process:
• check the customer's record to determine reasons for the original decision to
apply Section 24
• interview the customer by phone or in person
• consider the customer's current circumstances, including any recent
correspondence the customer has provided which relates to their section 24
assessment
Note: a customer may have already had a review started but was required to provide
further evidence. Check if there is a current
Section 24 Progress DOC.
Is there sufficient information to undertake an assessment under Section 24?
•
Yes, see Step 1 in Table 2
•
No, and written evidence:
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o is not required, go to Step 6
o is required (for example, bank statements), go to Step 7
6
Written evidence is not required - contact customer + Read more ...
Make at least 1 attempt to contact the customer by phone to obtain the relevant
required information for the assessment under Section 24.
Was the outbound contact to the customer successful?
•
Yes, obtain the relevant information then, see Step 1 in Table 2
•
No, go to Step 7
7
Written evidence is required - issue QSS32 Online Advice + Read more ...
To obtain written evidence:
• Issue QSS32 Online Advice to request supporting information. See
the Resources page for instructions on how to issue the QSS32 and approved
text
• If an open
S24 CoC review required DOC already exists, record details of the
request by annotating the
DOC
• If there is no open S24 CoC review required
DOC, record a
DOC using Fast Note.
Select s47E(d)
• Place the open
S24 CoC review required DOC on hold. Allow extra time for mail
delivery
Procedure ends here.
8
Supporting documents returned or due to be returned + Read more ...
When a current Section 24 customer has returned supporting documents or a Section 24
review activity has matured again after being resubmitted pending further evidence,
check the customer's record to confirm all requested/required supporting documents
have been returned.
Note: refer to the
Section 24 Progress DOC for information about
the progress of a review previously started.
Has the customer returned the requested information to assess if Section 24 should
continue to apply?
Yes, restore the customer's payment if suspended
FRC for failing to respond to the S24
review information request. If the Service Officer:
•
is skilled to undertake the review, see Step 1 in Table 2
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•
is not skilled to undertake the review, check the record for outstanding S24
review activity open on Activity List (
AL) or Future Activity List (
FAL) screen. If a
review activity:
s47E(d)
No, as a request to provide information was issued and the allowable time has passed,
the customer must be treated as partnered or their income support payment suspended
if the review is about the customer being in a multiple relationship. For customers:
• not in a multiple relationship, see Step 4 in Table 2
• in a multiple relationship, suspend the customer's income support payment for
the reason of failing to reply to correspondence (
FRC). Record details on a
DOC.
Procedure ends here
9
Customer in a multiple relationship advises a change of circumstances + Read more ...
s47E(d)
This is because multiple relationships are not
recognised under social security law.
If such a customer contacts to advise they are no longer in a multiple relationship, their
record must be updated to remove the S24 relationship qualifier code.
Note: the customer's income support payment may be SUS/FRC due to not responding
to a previous request for information/QSS32 if they were due for a review.
When the customer contacts, confirmation on their multiple relationship status is
required.
Is the customer still in a multiple relationship?
•
Yes, see Step 1 in Table 2
•
No, and:
o they are now in a relationship with just one person, see Step 4 in Table 2
o they are not in a relationship with any person, go to Step 10
10
Customer is no longer in a relationship with any person + Read more ...
If a S24 customer is no longer in a multiple relationship and not in a relationship with any
other person, separation is not necessary as the customer is not linked to their partner.
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s47E(d)
Procedure ends here
11
New income support payment/FTB claim - S24 Relationship Qualifier coding
exists + Read more ...
If a customer was previously granted an income support payment under Section 24,
the
S24 Relationship Qualifier code may still be present after their income support
payment was cancelled. Relationship Qualifier codes are not automatically ended on
cancellation of payment (all codes must be manually ended).
If at the time of new claim for an income support payment/FTB the customer provides
their partner's details, the customer should be assessed as partnered, unless they
indicate there are special reasons they should not be assessed as a member of a couple.
Are there any indications on the new income support payment/FTB claim that the
customer is partnered and they believe there are special reasons why they should not be
assessed as a member of a couple and paid at the partnered rate?
•
Yes, a new Section 24 assessment should be conducted. See Treatment of a
partnered person as single under Section 24 new determinations
•
No, assess the claim at the partnered rate, ensuring any existing S24 relationship
qualifier code must not be recorded as part of the new claim
Procedure ends here.
Finalising Section 24 reviews
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Table 2
Step
Action
1
Section 24 review determination + Read more ...
When sufficient information is available, review the details to determine if it is
appropriate to continue the Section 24 assessment. Use the Section 24 Decision
Support Tool to help with the decision.
These reviews should include reviewing the customer's circumstances at the time of the
original decision to apply a Section 24 assessment.
Considering their current circumstances, and assessing the following:
• Have the circumstances changed?
o Examine all circumstances associated with the case before deciding
whether it is reasonable to continue to exercise the discretion to apply
Section 24
o Discretion can only continue to be exercised 'for a special reason in the
particular case'. In general, circumstances must be unusual,
uncommon, abnormal or exceptional
o Can the customer and their partner now benefit from the pooling of
resources?
• Are the circumstances still beyond the control of the customer?
o Has the customer or partner contributed to the current circumstances?
If either has knowingly contributed to the situation, there would be
considerably less basis for continuing to exercise the discretion
• Have reasonable steps been taken to change the circumstances within the
customer's control?
o Consider whether reasonable steps have been taken to access funds
from assets or income previously not readily accessible
o Consider whether other reasonable options have been explored to help
in alleviating the circumstances
If the customer is leaving Australia and planning to visit their partner overseas, the
review should be conducted to determine if Section 24 can still be applied. Generally,
Section 24 would not continue to apply if the couple are living together overseas.
Is a determination made that Section 24 should continue to apply and the customer to
continue to be treated as not being a member of a couple?
•
Yes, go to Step 2
•
No, for customers:
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o in a multiple relationship, go to Step 5
o not in a multiple relationship, go to Step 4
2
Section 24 still applicable + Read more ...
Continue to assess the customer as
not being a member of a couple and pay them at
the single rate.
s47E(d)
s47E(d)
Note:
• The
DOA DOC does not replicate from the customer's record to the partner's
record
• If the partner
is a current Centrelink customer, the
DOA DOC is to be manually
recorded on their record separately
• If the partner
is not a current Centrelink customer, the
DOA DOC is not
required to be recorded on their record
Display on Access (DOA) DOC is not already recorded - customer is a multiple
relationship + Read more ...
If a
DOA DOC is not already recorded, for customers in a
multiple relationship, a
closed
DOA DOC must be created on all customer records that form part of the multiple
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relationship (that is, the central couple as well as the customer who was assessed under
Section 24 provisions). This
DOA DOC must not have an expiry date.
• Record a
DOA DOC on the customer's record using Fast Note. Select s47
E(d)
• Record a
DOC on the central couple's records using Fast Note. Select s47
E(d)
(No expiry date to be
inserted)
Issue a manual Q888 letter confirming the customer is continuing to be paid under
Section 24 provisions.
Note: Customer First must be used when a letter is created inside
a Customer First activity. There are different versions of the letter depending on the
customer's payment type. See:
• Section 24 decision - favourable, Income Support Payment, or
• Section 24 decision - favourable, Family Assistance only
3
Code next manual review + Read more ...
Code a new manual review on the customer's record to review their circumstances
again in the future. The purpose of the review will be to identify whether it is
appropriate to continue to apply Section 24 provisions at that time.
Note:
• The relationship qualifier code does not replicate from the customer's record to
the partner's record
• If the partner
is a current Centrelink customer, the S24 relationship qualifier
code is to be manually recorded on their record separately
• If the partner
is not a current Centrelink customer, the S24 relationship
qualifier code is not required to be recorded on their record
On the Review Registration (
RVR) screen code these fields:
• s47E(d)
o
Note: if creating a review because of the Service Officer identifying a
review does not exist on a customer’s record, upon receipt of
supporting evidence/QSS32 Online Advice, set the date to the following
day (tomorrow)
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• s47E(d)
• Repeat the above coding on the partner's record if they are a current Centrelink
customer
Procedure ends here.
4
Customer is not in a multiple relationship - Section 24 no longer applicable + Read
more ...
Treat the customer as partnered.
The date of effect will be dependent upon each individual customer's circumstances,
Service Officers must determine the appropriate date. To determine the date of effect,
see 'Unfavourable decisions' in the Background tab of Notification Handler (NOHL).
• If the customer is not present, make 2 genuine attempts to contact the
customer by phone to advise the adverse decision
• Update the customer's record and link the partner as per Table 2 in Change in
relationship status from single to partnered
o If a Benefit Transfer (
BTR) activity exists, linking must be done within a
benefit transfer activity
• If the customer or partner receives Family Tax Benefit (FTB) or Child Care
Subsidy (CCS) entitlements:
o and the customer has been successfully contacted, while updating their
relationship status to the partnered rate, a new combined income
estimate is required
o check child support action for each child of the current relationship is
set to '
CUR' (exempt - current relationship)
• Record a
DOC on both the customer and partner records using Fast Note.
Select s47E(d)
• Include in the
DOC the reason treatment as single under Section 24 has
stopped. For example the comparison of income and readily available funds
against necessary expenditure, shows 'financial difficulty' no longer exists, or a
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'special reason' no longer exists due to the partner being granted a change in
visa type
• Expire the
DOA DOC
• If the customer is no longer eligible for payment, discuss other payment/service
options if appropriate
• Issue a manual Q888 letter confirming the customer is paid at the partnered
rate from the date of effect (include the appeal paragraph). There are different
versions of the letter depending on the customer's payment type. See:
o Section 24 decision - unfavourable, Income Support Payment, or
o Section 24 decision - unfavourable, Family Assistance only
o If the customer or partner is
in receipt of FTB or CCS
entitlements (whether or not they also receive income support), and a
new combined income estimate was not provided during the outbound
contact at the time of linking the partner activity, advise the customer
in the S24 decision/Q888 letter that they are required to provide a new
combined income estimate
If the customer
is in receipt of PPS and they are to be treated as partnered. They will no
longer be eligible for PPS, and may wish to transfer to Parenting Payment Partnered
(PPP), or test their eligibility for another payment. See Transfer from Parenting
Payment Single (PPS) to Parenting Payment Partnered (PPP).
Procedure ends here.
5
Customer is in a multiple relationship - Section 24 is no longer applicable + Read more
...
This step is for customers who are in a multiple relationship, however, the decision
maker has reviewed the decision and determined that the customer is no longer eligible
for payments under Section 24 provisions.
The system will not allow a customer to be linked to more than 1 partner. The customer
will therefore be coded as single on the system but will need to be paid a
manual
partnered rate. Their rate of payment must be coded manually to the equivalent of
the partnered rate.
If the customer is in receipt of PPS and qualifies for PPP, they will be paid PPS at the
manual partnered rate. It is important to calculate the
manual partnered rate by
applying the PPP income test, not the PPS income test.
• Maintenance action is not required for children of current relationships in a
multiple relationship. The system will not let the extra partner's records be
linked to the central partner. Assessment by a social worker is also not needed.
Code maintenance action as:
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o '
CRR' - (Child Support refused registration), in a group type of 'ENT', for
the relevant children for FTB customers
o If there is a later breakdown in the relationship, normal maintenance
action is required
s47E(d)
• Family assistance reconciliation - Manual intervention into family assistance
reconciliation will need to be undertaken for the manual rate paid to additional
partners (only) in multiple relationship cases. Customers in the primary
relationship (partnered status on the Marital Status (
MS) screen) will not need
to be sent to MIV team. For more information, see Manual intervention into
family assistance reconciliation
Record the decision
A closed Display on Access (DOA)
DOC must be created on all customer records that
form part of the multiple relationship (that is, the central couple as well as the
customer who was assessed under Section 24 provisions). This
DOA DOC must not have
an expiry date.
• Record a
DOA DOC on the customer’s record using Fast Note. s47E(d)
• Record a
DOC on the central couple’s records using Fast Note. s47E(d)
Issue a decision letter
Issue a manual Q888 letter, detailing the decision not to apply Section 24 to the
customer's circumstances.
Note: Customer First must be used when a letter is created
inside a Customer First activity There are different versions of the letter depending on
the customer's payment type. See:
• Section 24 decision - unfavourable, Income Support Payment
• Section 24 decision - unfavourable, Family Assistance only
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Finalise all associated activities and
DOCs on
AL screen.
References
Policy
Social Security Guide, 1.1.M.120, Member of a couple
Social Security Guide, 2.2.5.10, Determining a De Facto Relationship
Social Security Guide, 2.2.5.50, Discretion to Treat a Person as Not Being a Member of a Couple for a
Special Reason
Social Security Guide, 3.1.1.10, Residence Requirements
Social Security Guide, 1.1.R.200, Residence
Social Security Guide, 1.1.R.210, Residence requirements
Legislation
Links to the Federal Register of Legislation site go to a 'Series' page. Select the ‘Latest’ version.
Social Security Act 1991
• section 4, Family relationships definitions-couple
• subsection 2, Member of a couple-General
• section 7, Australian residence definitions
• subsection 2, An Australian resident is a person who
• section 24, Person may be treated as not being a member of a couple (subsection 4(2))
Resources
Forms
Partner details - if you live overseas (AUS174)
Partner details - if you live in Australia (MOD P)
Section 24 decision letter templates
The letter templates available via these links are endorsed for use by Services Australia and are the
latest version. Staff should not be using locally produced letters.
Section 24 decision - favourable, Income Support Payment
Section 24 decision - favourable, Family Assistance only
FOI/LEX - 73213 Page 53 of 56
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Section 24 decision - unfavourable, Income Support Payment
Section 24 decision - unfavourable, Family Assistance only
Intranet links
Office Locator
User Guide
s47E(d)
s47E(d)
s47E(d)
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s47E(d)
Approved text for QSS32 Section 24 review questionnaire
Step
Action
1
Section 24 Review - QSS32 Questionnaire template
A QSS32 Questionnaire may be manually issued if further information is required
from the customer to help in making a decision about initial assessment or
continuation of payment at the single rate under Section 24 of the Social Security
Act 1991.
The text for the Free Text Paragraphs below is approved and
must not be modified.
Create a QSS32, see Creating an Online Advice (OLA), including within an existing
activity
• s47E(d)
Complete all letter fields by entering the corresponding numbers for the required
selection :
• s47E(d)
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s47E(d)
Select Free Text fields as required.
Note: only insert questions that are applicable to
the customer’s circumstances.
FREE TEXT QUESTION A
Are you still in a relationship with
{PARTNER’S FULLNAME}?
If no, go to Question 2. If yes, go to Question 3
FREE TEXT QUESTION B
What date did you separate from your ex-partner? Do not answer any more
questions. If you have not already provided separation details, go to
servicesaustralia.gov.au/moc for information about what you must do.
FREE TEXT QUESTION C
Please supply bank statements for all bank accounts you and your partner
have in your names. Include managed investments held in and outside
of Australia for the period <START DATE> to <END DATE>.
FREE TEXT QUESTION D
s
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Provide a list of your weekly costs for example, electricity, gas,
telephone, rates, rent, groceries, transport and minimum loan repayments.
FREE TEXT QUESTION E
What steps have you and your partner taken to reduce financial difficulty,
such as looking for work, studying, applying for a permanent visa etc.?
FREE TEXT QUESTION F
Have you or your partner been paid for any work since <DATE>?
If yes, please provide a copy of all the payslips.
FREE TEXT QUESTION G
Have you or your partner had any changes to your income or assets that
you have not told us about? If yes, please provide details.
FREE TEXT QUESTION H
Is there anything else we need to know about your current circumstances
to support the review?
FREE TEXT QUESTION I
As your partner is currently living overseas, how are they being
financially supported?
FREE TEXT QUESTION J
Do you plan to lodge an application for a permanent residence visa for
your partner whilst they are in Australia?
Review the letter to make sure the content is correct
• Finalise and print the letter.
Note: letter will be printed centrally
Training & Support
Add the course number to the
Search field in the Learning Portal (LMS) in ESSentials:
•
CLK01101 - Section 24: Introduction
•
CLK01102 - Section 24: Decision making & processing
•
CLK01388 - Section 24: Refresher
