Employer Support Payment Manual

This instrument is the Defence (Employer Support Payment Scheme) Determination 2023.

1. Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

2. Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

This instrument is made under section 58B of the Defence Act 1903.

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

1. Support payments provide financial assistance to businesses that employ members of the Reserves who have been absent from their civilian workplace on defence service.
2. This Part provides the following:
   1. 1. How and when an application for a support payment is to be made.
      2. The rules for determining if an applicant can be paid a support payment, including rules about the employment and wages of the member concerned or about the length of their absence on defence service.
      3. How to work out the amount of a support payment.
      4. The maximum amount of support payment that is payable and when it is to be paid.

1. A support payment is payable to a member applicant if, at the time of their absence on defence service, all of the following apply:
   1. 1. The member applicant operates a registered business.
      2. The business is trading or otherwise operating.
      3. The member is employed by the business on any of the following:
         1. 1. In full-time work.
            2. In part-time work.
      4. The applicant was absent from employment rendering a period of continuous defence service.
      5. One of the following applies:
         
         1. 1. The member applicant’s business provides the member’s principal source of income as established under section 3.4.2.
            2. The applicant’s business provides the member’s principal source of employment as established under section 3.4.3.
2. Despite subsection 1, a member applicant is not eligible for a support payment if the member is employed full-time by an employer.

1. A member’s principal source of income is the source of income from which the CDF is satisfied the member applicant receives more income from their business than any other source of employment during the assessment period.
2. In deciding the member’s principal source of income, the CDF must consider evidence of the member’s income during the assessment period.
3. A decision on a member’s principal source of income under subsection 1 is valid for 2 years from the last day of the assessment period.

1. A member’s principal source of employment is the source of employment from which the CDF is satisfied the member has worked the greater amount of time in the applicant’s business than in any other type of employment during the assessment period.
2. In deciding the member’s principal source of employment, the CDF must consider evidence of the member’s employment during the assessment period.
3. A decision on a member’s principal source of employment under subsection 1 is valid for one of the following periods:
   
   1. 1. Two years from the last day of the assessment period.
      2. If the CDF is satisfied that there are exceptional circumstances which prevents the member applicant from establishing the member’s principal source of income under section 3.4.2 during the period under paragraph a — 3 years from the last day of the assessment period.
4. A member applicant may only establish their business as the member’s principal source of employment once unless the CDF is satisfied there are exceptional reasons which prevents the member applicant from establishing their principal source of income under section 3.4.2.

1. A member applicant must include the following information in an application relating to the member applicant’s assessment period and establishing the member’s principal source of income or principal source of employment under subdivision 1:
   1. 1. Evidence that the applicant operated a registered business.
      2. Evidence that the applicant’s business was trading or otherwise operating.

1. 1. 1. Evidence that the business provides the member’s principal source of income or principal source of employment, by providing the member’s individual tax return and notice of assessment unless one of the following applies:
         1. 1. If the member has lodged an individual tax return but has not yet received the notice of assessment — a copy of the individual tax return only.
            2. If the member has not yet lodged an individual tax return — a financial statement for the member, certified as accurate by the member’s accountant or financial adviser.

1. The following apply to the evidence provided under paragraph 1.c:
   1. 1. If subparagraph 1.c.i applies, the applicant must provide the member’s notice of assessment as soon as practicable after it has been issued by the Commissioner of Taxation.
      2. If subparagraph 1.c.ii applies, the applicant must provide the member’s individual tax return and the notice of assessment as soon as practicable after it has been issued by the Commissioner of Taxation.

1. If the application is the first one made by the applicant in relation to a member within a financial year, evidence of the member’s actual weekly hours of work for the 3-month period immediately before the period of absence due to defence service must be provided.

1. An applicant must provide any additional information requested by the CDF in relation to the application within 30 days of the request.

1. Extended support payments provide additional financial assistance to an applicant to whom a support payment is payable, in any of the following circumstances:
   1. 1. The member concerned suffers an injury or illness that was caused by the member’s defence service in the same claim period.
      2. The member concerned dies while on defence service in the same claim period.
2. This Part provides the following:
   
   1. 1. How and when an application for an extended support payment is to be made.
      2. The rules for determining if an application for an extended support payment is payable.
      3. The maximum amount of extended support payment and when it must be paid.

1. Additional support payments provide additional financial assistance to applicants to whom a support payment is payable in relation to a member’s absence on defence service if all of the following apply:
   
   1. 1. The applicant’s business has incurred a substantial financial loss as a result of the member’s absence on defence service, or due to injury or illness resulting from the member’s defence service.
      2. The amount otherwise payable in relation to a particular claim period payable under Part 3 or Part 4 is insufficient to cover that financial loss.
2. This Part provides the following:
   1. 1. How and when an application for an additional support payment is to be made.
      2. The financial losses that can be recovered by applying for an additional support payment.
      3. The rules for determining if an additional support payment is payable.
      4. When an additional support payment is to be made.

This Part sets out a procedure for an applicant who is dissatisfied with certain decisions to request the review of those decisions and the applications to which they relate.

1. For the purpose of this Part, reviewable decision means any of the following decisions:
   
   1. 1. A decision to refuse to deal with an application because it was not validly made.
      2. A decision to refuse an application.
      3. A decision about the amount of a support payment, extended support payment or additional support payment that is payable to an applicant
      4. Any of the following decisions made after the conclusion of a review initiated by the CDF under Division 3:
         
         1. 1. A decision to confirm the decision reviewed.
            2. A decision that is substituted for the decision reviewed.
            3. A decision authorising a support payment, extended support payment or additional support payment to be made after a decision is substituted.
            4. A decision requiring the repayment of a support payment, extended support payment or additional support payment in relation to a past period.
2. The following decisions are not reviewable decisions for the purposes of this Part:
   
   1. 1. Any of the following decisions made after the conclusion of a review requested by the applicant under Division 2:
         
         1. 1. A decision to confirm the decision reviewed.
            2. A decision that is substituted for the decision reviewed.
            3. A decision authorising a support payment, extended support payment or additional support payment to be made after the new decision is substituted.
            4. A decision requiring the repayment of a support payment, extended support payment or additional support payment in relation to a past period.
            5. A decision that is being investigated, or has been investigated under the Ombudsman Act 1976.
            6. A decision that is, or has been, the subject of an application for review to the Administrative Appeals Tribunal.
      2. A decision to refuse to deal with an application or with a request for review under Division 2 because it was not made on time.
      3. A decision to refuse to act on a recommendation about approving a capability payment rate.
      4. A decision to approve a capability payment rate.
      5. A decision to change or revoke a capability payment rate.