Australian Aboriginal and Torres Strait Islander Women's Parallel ...

Conditional nature of social security payments: Welfare to WorkThe Welfare to Work program is an Australian Government program designed to weanthose receiving social security payments back into employment The Welfare to Workprogram has been punitive and has unfairly impacted on Aboriginal and Torres StraitIslander people. The program has a "‘3 strikes and you’re out’ regime, which meansthat if you fail to participate in the program three times in a 12-month period, your socialsecurity payments will not be paid for eight weeks. Until recently, there was nodiscretion as to whether the eight week non-payment penalty was applied. Newprovisions, which came into effect on the 1 July 2009, now allow some discretion andflexibility when applying the non-payment penalty. Centrelink will be able to considerfactors such as reasonable excuse, financial hardship and compliance with a seriousbreach requirement in determining non-compliance.Increased flexibility in administering these penalties is a welcome change. Research bythe Australian Council of Social Services shows that 1 in 3 individuals and their familiesbecome homeless as a direct consequence of social security payments being cut off foreight weeks. 79 The Salvation Army reports that 11 per cent of people admit to engagingin crime or prostitution to survive eight weeks without payment 80 Aboriginal and TorresStrait Islander people are over-represented among those who have their social securitybenefits cut-off. These punitive conditions affect the ability of Aboriginal and TorresStrait Islander women to care for their children and families. We hope that the newdiscretion will help our women, particularly in light of the significant unpaid workAboriginal and Torres Strait Islander women do in the community. The effect of theWelfare to Work changes on single parent women generally is discussed in theAustralian NGO Report.Conditional nature of social security payments under the NorthernTerritory InterventionUnder the compulsory income management regime introduced by the Northern TerritoryIntervention, money in an ‘income management account’. 81 can only be spent on ‘priorityneeds’, such food, clothing, household items, household utilities, childcare anddevelopment, education and training. 82 Income quarantining in the Northern Territoryapplies to all people receiving social security payments that live in a 'prescribed area'. 83In contrast, outside the 'prescribed areas', income quarantining can only be triggered byfactors such as risk of neglect or abuse or inadequate school attendance, which isassessed on a case by case basis. 8479 Australian National Organisation of the Unemployed, Submission to Kevin Rudd - Response to FederalLabor’s Industrial Relations policy platform, (23 April 2007),.80 Ibid.81 Division 4 and Division 5, Subdivision A of the Social Security (Administration) Act 1999 (Cth)('Social Security Administration Act').82 Section 123TH of the Social Security Administration Act.83 Section 123UB of the Social Security Administration Act. A ‘relevant Northern Territory area’includes prescribed areas under the NTNER Act and certain specified places: See s. 123TD of theSocial Security Administration Act.84 The income management scheme also applies nationally where state or territory child protectionofficers refer a person to Centrelink because their child is considered to be at risk of neglect or abuse; aperson’s child does not meet school enrolment and attendance requirements; or a person, subject to thejurisdiction of the Queensland Commission is recommended for income management; or the person issubject to the voluntary income management agreement is in force. See ss. 123UC to UFA of the46