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When someone receives an employment
termination payment (for example,
redundancy pay) he or she may have to serve an
IMP during which time he or she cannot receive
certain Centrelink payments for the period that
the termination payment represents.
In 2014–15, 54 160 IMPs were applied.
Complaints showed that it was not unusual for
people to become aware of these non-payment
periods only after they had spent their termination
payment and were in financial difficulty.
DHS has discretion under social security
law to reduce the length of IMPs in certain
circumstances. It can also pay ‘Special Benefit’,
a payment designed for people who are in
financial hardship and who, for reasons beyond
their control, are unable to earn a sufficient
livelihood for themselves and their dependants.
The office found that DSS’s instructions,
which detail the rules under which Special
Benefit may be paid to people serving an IMP,
were too narrow to allow DHS to exercise fully
its discretion under the legislation.
DSS’s and DHS’s responses to the Ombudsman’s
recommendations were positive and encouraging.
DSS agreed to amend its Guide to Social Security
Law and DHS its Operational Blueprint, so
staff would be aware that they could take the
particular circumstances of an individual into
account when considering their discretion to
shorten the non-payment period and/or to pay
Special Benefit. DSS also agreed to continue to
review the Guide to Social Security Law to ensure
clarity around the IMP rules and how they work.
DHS agreed to tell people about Special Benefit
and the circumstances in which they might be
eligible to receive it.
National Disability
Insurance Agency
The National Disability Insurance Agency
(NDIA) is responsible for administering the
National Disability Insurance Scheme (NDIS),
a government scheme that funds support for
people with permanent and significant disability
to help them take part in everyday activities.
The NDIS was established in a number of trial
sites around Australia from July 2013.
From 1 July 2016 the scheme will be fully
rolled out in stages over three years. The
arrangements for accessing the services of the
NDIS vary depending on the state or territory in
which participants live.
The Ombudsman has jurisdiction to investigate
the administrative actions of the NDIA. During
2015–16 the office received 62 complaints
about the agency. While this represents many
more than the 25 complaints received during
2014–15, the increase is not unexpected given
the increase in the number of people entering
the scheme over the past year.
Common issues in complaints included:
• delays in scheduling a planning meeting
• dissatisfaction with an assigned planner
• confusion or unhappiness regarding the
planning process
• conflicting or inadequate information
about the scheme
• delays in paying for goods and
services delivered
• confusion or dissatisfaction with
the NDIA’s internal review and
complaint-handling arrangements.
During 2015–16 the office worked closely with
the NDIA to provide feedback on issues arising
from complaints, and will continue to do so as
the national rollout of the scheme commences
from 1 July 2016.
Major activities
Trial site consultations
Over the past year the office visited the
Hunter (NSW), Barwon (Vic), South Australian
and Tasmanian trial sites to meet with local NDIA
staff, peak bodies, advocates and participants.
These visits have the dual purpose of deepening
our understanding of people’s experience of the
NDIS, and of building community awareness
of our role in handling complaints. The office
expects to visit the Perth Hills, Barkly (NT) and
North Queensland regions during 2016–17 to
conduct similar consultations.
The office has also given presentations at a
number of public forums, in conjunction with
state and territory disability organisations,
about our respective roles in handling
complaints about the NDIS.
PART 4—WHAT WE DO
2015–16 | COMMONWEALTH OMBUDSMAN ANNUAL REPORT | 37