• Opportunity to join a dynamic team at a specialist community legal centre
assisting vulnerable and disadvantaged Victorians with Centrelink legal issues
• Full time, 38 hours per week, ongoing subject to funding
• Wage based on the Social Community Home Care and Disability Services
Industry Award Level 7, plus over-award payment, leave loading, portable
long service leave and superannuation guarantee contributions. Salary
packing available
• Based in Fitzroy

About SSRV
SSRV is an independent, state-wide community legal centre that specialises in social
security and related law, policy and procedure. Our vision is for a fair and just society
in which all people are able to receive a guaranteed adequate income in order to
enjoy a decent standard of living. SSRV’s contribution to this vision is the provision
of legal services to vulnerable and disadvantaged Victorians, and those who support
them, which assist them to secure and protect their right to equitable social security
entitlements.

About the position
The Principal Lawyer provides leadership and works collaboratively as part of a
small but growing team in a state-wide, specialist community legal centre.
The Principal Lawyer oversees SSRV’s legal practice, undertakes legal casework,
advocacy and representation services, and contributes to stakeholder engagement,
community legal education and legal policy activities. As the most senior lawyer in
the organisation, it is expected that the Principal Lawyer will take on more complex
legal matters and lead strategic casework and advocacy.

The position reports to and works co-operatively with the SSRV Director.

What we are looking for a senior lawyer
• with at least 5 years post admission experience
• with experience as a Principal Lawyer or Senior Lawyer and who holds, or is
eligible to hold, a Principal legal practising certificate
• with executive/senior management experience
• with experience in social security and/or administrative law and in providing
representation in courts/tribunals
• with experience in legal practice management, in meeting regulatory and risk
management requirements and in supervising legal and paralegal work
performed by others
• who is committed to client-centred and holistic legal service delivery, using
evidence from direct service delivery to inform systemic advocacy, and who
values working collaboratively, flexibly and innovatively.

For inquiries about the position please contact the SSRV Director, on (03) 9481
0299.

The position description can be downloaded here.

Applications close 11.59pm, 20 March 2022.

Applications must address the key selection criteria outlined in the position
description and include an up-to-date resume.

By Dermott Williams

SSRV would like to thank Gippsland Community Legal Service – and in particular, Simone Elias – for inviting us to be part of the 2021 Farm Succession Planning Days and bringing this opportunity to life.

At the start of December 2021, I was fortunate enough to have had an opportunity for outreach in East Gippsland as part of our Bushfire Response Project. I’d like to take a moment to share a little about that experience, what we did, and what I learned from the experience.

Farm Succession Planning Days

Farm succession is an important issue for farmers and rural communities. What exactly happens when a farmer decides it’s time to stop personally working their land, and maybe give the next generation a go? What are the implications? How wide is the impact? And most importantly, how do you plan for it?

It was this we were hoping to help with as part of Bushfire Recovery Victoria’s Farm Succession Planning Days. Along with other legal and financial organisations working in the area, I presented at a series of sessions across East Gippsland, ranging from Bendoc and Bonang near the New South Wales border, to Genoa and Cann River in the east, and Gelantipy and Buchan in the hills west of the Snowy River.

My contribution was around Age Pension eligibility, and the special rules and particular circumstances that come up for farmers. As we were informed when planning the events, and was confirmed during the sessions themselves, Centrelink isn’t an option many farmers even consider.

“They won’t give me the pension, my farm is worth too much.”

But as it turns out, there are some very specific rules to make it easier for farmers in these situations to access the age pension. And that was my goal with these sessions. To raise awareness and give farmers more options to consider.

“Thank you. I would not have considered that as an option before speaking with you.”

The Farm Succession Planning Days were a great success, with farmers walking away with more options than they had before, both in this sphere and in those of the other presenters.

Reaching our to Rural Communities

What I found interesting were the differences between the farmers in each community. They each had a different feel and it was obvious that some were closer than others. It was also clear that each community had different issues on their minds, with some more focussed on ownership structures for their farms, and others very interested in enduring powers of attorney.

What was less surprising were the similarities. These were people who would outright tell you they were unlikely to pick up a phone and call you for help. Not if they haven’t met you before. Not if they can’t put a face to the name. And for me personally, that was the most valuable part of the trip: Making a connection with a cohort of people who would otherwise have difficulty accessing our service. I’m hopeful there will be more opportunities like this in the future for exactly this reason.

Responding to Bushfires as a Lawyer 

I grew up in West Gippsland, so travelling down this way wasn’t new to me, though I hadn’t been this far east before. Something else that wasn’t exactly new was seeing the damage from fires. And yet, getting up close with it, even almost two years after Black Summer, is still confronting. 

The moment that stands out to me was driving up to Gelantipy and seeing the trees that come right to the edge of the road on both sides just being completely burned out. Imagining what that must have been like at the time, if one was unlucky enough to find themselves stuck driving through that still elicits a strong emotional response. 

The farmers’ own stories were far more confronting. Whether it was recounting their efforts to defend property, making the choice to stay or go, or just describing exactly how fast the fires could race up a hill. It was clear from the many conversations I had over the week, that just like the marks on the land, there will still marks on the people too. 

And there were still practical – and legal – problems to solve. Fencing disputes, insurance issues, the Centrelink assets test, rebuilding, and accessing the Age Pension just to name a few. Working in this role I’ve seen the legal needs of bushfire affected people change over time. There’s a great demand for services – both on the ground and the specialists supporting them – to be resourced and ready to meet those needs at the time of an acute crisis. But disaster response doesn’t end there. Sometimes that help needs to come later, and sometimes it needs to be more general, to help a community get back on its feet holistically, and not just rebuild in the literal sense. 

And that would be my final reflection on this trip. As community lawyers practising in a very specialised area we can’t solve every problem those affected by bushfires have. But with the right resources and approaches in place there is a role to be played and good to be done. 

Plus it means you get to travel to some absolutely beautiful places. 

If you are affected by a disaster, you may be eligible for a payment from Centrelink.

There are often disaster relief payments available through Centrelink following a disaster. These payments are usually specific to a declared disaster or event. The payments include lump sum payments and short-term ongoing payments.

These are examples of recent disaster payments:

· Pandemic Leave Disaster Payment – to support people who have lost income due to COVID-19 quarantine.

· Victorian Storms and Floods, June 2021

           – Disaster Recovery Payment – to support people who were seriously affected by the storms and floods in Victoria in June 2021

           – Disaster Recovery Allowance – to support people who lost income as a result of the storms and floods in Victoria in June 2021.

· MH17 Family Support Package – to support family members of Australian victims of the downing of Malaysia Airlines flight MH17 who attend legal proceedings in the Netherlands.

Crisis payments are also available through Centrelink. These payments are available for people experiencing extreme circumstances which are not covered by a specific disaster relief payment.

The eligibility requirements for disaster and crisis payments can be found on the Centrelink website.

These payments, from the Australian Federal Government, recognise the impacts that disasters can have on people’s finances.

SSRV has commissioned a project to optimise our capability to respond to the social security needs of people affected by natural disasters. 

We recognise that disasters can quickly lead to complex situations, affecting multiple aspects of people lives, including confusion or trouble with social security payments.

Our Disaster Preparedness and Response Plan will tackle this challenge from a range of perspectives. Find out more.

The United Nations World Day of Social Justice Day is a day when we recognise the injustice in our communities, examine our own privilege, and resolve to work towards a world that is just for all, not just some. 

Social Justice is at the heart of everything we do at SSRV. Our vision is for a fair and just society in which all people are able to receive a guaranteed adequate income in order to enjoy a decent standard of living.  

It’s a vision we believe Australians shares. It’s also a vision to which Australia has committed. 

Australia was involved in the drafting of Universal Declaration of Human Rights (UDHR), and through voting in support of the UDHR committed, internationally, to recognising that social security is a human right.

Australia is a signatory to the International Covenant on Economic, Social and Cultural Rights, which recognises ‘the right of everyone to social security’.

Also, having ratified the International Convention on the Elimination of All Forms of Racial Discrimination, Australia undertook to ‘prohibit and eliminate racial discrimination … without distinction as to… national or ethnic origin… [t]he right to public health, medical care, social security and social services’. 

SSRV works to ensure these commitments are honoured. With a focus on vulnerable and disadvantaged members of our community, SSRV highlights injustices, unfair laws and practices and to propose solutions.  

This United Nations World Day of Social Justice Day, we reaffirm our commitment to make sure the most vulnerable Australians have the right to and access to a fair social security system. 

SSRV’s Disability Support Pension (DSP) Help Project has been developed using Human-Centred Design and Technology to help people better understand the DSP, complete applications, and improve their chances of a successful appeal.

SSRV will be running a workshop on the DSP for health professionals, advocates, and other helping people with DSP applications, in early 2022. 

The workshop will cover DSP eligibility, the common challenges applicants face when applying, and how to avoid Centrelink misinterpreting supporting evidence. 

Our goal is to take the mystery out of how Centrelink makes DSP decisions, and to make it easier for doctors, health workers, advocates and others to help support people in accessing appropriate income support.

Workshop details

17 February 2022 at 2pm

It will run for 1-1.5 hours, including time for questions

The session will be run remotely. Connection details will be provided closer to the date for those who RSVP.

SSRV is offering this session free of charge

If you’re interested in attending the session, please RSVP by email to info@ssrv.org.au. If your organisation has members or you have colleagues who may be interested in attending, please share this with them.

There are two Federal Government COVID-19 related support payments currently available; the Pandemic Leave Disaster Payment and the National Health Emergency Crisis Payment (NHE Crisis Payment).

With daily figures of new coronavirus cases in Australia increasing, more people are finding themselves at home with the virus or needing to isolate as a contact. In response to this growing number of people unable to work, the Federal Government has once again adjusted the COVID-19 related hardship payments.

NHE Crisis Payment

The NHE Crisis Payment is available to people who are in receipt of a Centrelink benefit and who have lost income due to COVID-19 and are experiencing financial hardship as a result. 

Importantly, this payment is only available to people already in receipt of a Centrelink payment. 

It is a one-off payment, not an ongoing payment.

The payment rate is equivalent to a week’s pay at the maximum basic rate of an individual’s income support payment or ABSTUDY Living Allowance. It doesn’t include other allowances or supplements.  ‘

Eligible individuals are entitled to receive a maximum of two Crisis Payments for National Health Emergency in a six-month period. However, eligible individuals are only entitled to receive one payment per quarantine or self-isolation. 

Eligibility criteria

Individuals may be eligible for this payment if;  

· they are eligible for an income support payment or ABSTUDY Living Allowance from Centrelink; and

· they are in severe financial hardship; and

· they, or someone they’re caring for, are in quarantine or self-isolation because they are waiting for COVID-19 test results or have COVID-19.

The COVID-19 test must be a polymerase chain reaction (PCR) test or positive rapid antigen test (RAT) result.

They, or the person they are caring for, must be in quarantine or self-isolation because they have been required to by:

· the Australian Government

· a state or territory government

· a health professional.

They can be in quarantine or self-isolation at home, in a motel, hospital or any other appropriate place.

They must submit evidence with their claim showing that they, or the person they are caring for, had either:

· a COVID-19 PCR test

· a positive RAT result.

They may be asked to submit evidence of financial hardship.

One of the biggest recent changes to the NHE Crisis Payment eligibility is that a RAT can now be used as proof that they’ve been infected with the virus, and are therefore potentially eligible for the payment.

Prior to this change, a laboratory PCR test was required as proof.

Keep in mind, a positive RAT or a photo of a positive RAT is insufficient to qualify. For Victorians, only RAT results registered with the Victorian Government will suffice.

You can read about the NHE Crisis Payment, here. Find out how to lodge an application.

Pandemic Leave Disaster Payment

The Pandemic Leave Disaster Payment is available to people who have lost work and income as a result of having to isolate because they have COVID-19, are a close contact of someone who has COVID-19 or are caring for a child under the age of 16 or adult with a visibility who has COVID-19 or has to isolate. 

Importantly, this payment is not available to people in receipt of most Centrelink benefit, such as JobSeeker Payment, Age Pension, Disability Support Pension, Carer Payment, Parenting Payment of a student payment.

Here’s what you need to know about the recent changes to the Pandemic Leave Disaster Payment:

Eligibility

People who are eligible for the Pandemic Leave Disaster Payment are those who are isolating due to being infected or are close contact.

They are also eligible if they are caring for a child under the age of 16 or someone with mental or physical disability who has COVID or has been identified as a close contact.

If they have sick leave owing from your employer, they will not be able to receive the payment.

If they receive a Family Assistance payment they will need to include the Pandemic Leave Disaster Payment in their family income estimate as taxable income.

Couples who are isolating can both apply for the payment.

Who’s NOT eligible?

You are not eligible to receive the Pandemic Leave Disaster Payment if you’re receiving income support payments such as Age Pension, Disability Support Pension, Austudy or JobSeeker.

People receiving parental leave or Dad and Partner Pay are also excluded.

If you have received other government payments during your isolation period, such as the COVID-19 Disaster Payment, you may also be ineligible.

Relying on rapid antigen test results

Like the NHE Crisis Payment, one of the biggest recent changes to the Pandemic Leave Disaster Payment is that RAT can now be used as proof that you’ve been infected with the virus, and are therefore potentially eligible for the payment.

Prior to this change, a laboratory PCR test was required as proof.

Keep in mind, a positive RAT or a photo of a positive rat is insufficient to qualify. For Victorians, only RAT results registered with the Victorian Government will suffice.

How much is the Pandemic Leave Disaster Payment?

Previously, the Pandemic Leave Disaster Payment was a $750 lump sum payment that covers seven days.

As of 18 January, 2022, this has changed to a tiered system:

– If you have lost over 20 hours of work you will still receive the full $750.

– If you lose between eight and 20 hours, you will only receive $450.

– Anyone who loses less than eight hours of work will no be longer be eligible for the payment.

Means testing

From 18 January 2022 the payment will also be means tested. If you have $10,000 or more in savings, you will not get the payment.

How do I apply?

You can apply now, through an online form on the Services Australia website or by calling 180 22 66.

If you have applied and are concerned you haven’t received an outcome or any response from Services Australia, you can also call 180 22 66 to obtain information and assistance.

Unsure about what the Pandemic Leave Disaster Payment means for you? You’re not alone

SSRV are concerned that the nature of pandemic payments such as the Pandemic Leave Disaster Payment may mean vulnerable people could miss important details in the fine print or unknowingly making mistakes in the application process.

“It is always a little bit difficult to work out if you are eligible for income support from Centrelink or not,” SSRV Community lawyer Aidan McCarthy told ABC News this week.

“Because these particular payments are required urgently and the process for getting them is less intense than other pensions, things could go wrong.

“We have concerns people could be overpaid for honest mistakes and then Centrelink will chase them for that money later.”

It is really important you understand the eligibility, seek assistance and information by calling the number above if you need it, and keep any evidence of your eligibility including evidence of your bank account statements to demonstrate you had lest than $10,000 in savings, evidence of your normal work hours and income and proof that you have lost this income, evidence you cannot work from home if you need it and evidence of your positive test/direction to isolate as a close contact etc. 

You might need to provide this evidence in the future if Centrelink ever investigate your eligibility for the payment.

What are my rights if my application is rejected?

If your Pandemic Leave Disaster Payment is rejected, you can contact the same number, 180 22 66 an discuss the reasons why you were refused. You will also be provided with information about your review rights in the letter Centrelink sends you then they inform you have been found ineligible for the payment.

If your NHE Crisis Payment application is rejected, you can contact 132 850 to ask for an explanation and request a review. It is important you do this within 13 weeks of receiving the refusal letter and make sure you very clearly indicate that you want a formal review of the decision. You will also be provided with information about your review rights in the letter Centrelink sends you then they inform you have been found ineligible for the payment.

How to get help from SSRV

SSRV can provide advice for people who have a Centrelink issue or Centrelink debt. Call our Legal Assistance Line on 03 9481 0355, Monday to Friday, 9am to 5pm. If you can’t call us, you can email your request for assistance to info@ssrv.org.au

In 2021/2022, SSRV commissioned a project to optimise our capability to respond to the social security needs of people affected by natural disasters. These disasters include bushfires, floods, storms, and yes, even pandemics.

Disasters can affect social security payments, often in ways that people don’t predict.

We know that disasters can profoundly impact people’s finances and their life circumstances, but being affected by a disaster may also lead to applications for new payments and may affect existing payments.

When someone is displaced and must relocate due to a disaster, difficult choices are often made about where to live. For example, you might move in with your partner or friend, only to discover that Centrelink makes an assessment about your relationship with your new housemate, which has affected your eligibility or rate of payment.

Or perhaps your very first interaction with the social security system comes in the aftermath of a disaster. For example, if the business you work for, or perhaps your own business, has to close, leaving you unemployed and in need of financial support.

SSRV recognise that disasters can quickly lead to complex situations, affecting multiple aspects of people lives, including confusion or trouble with social security payments.

After a disaster, persons affected might quickly require advice and guidance on social security law.

Our Disaster Preparedness and Response Plan will tackle this challenge from a range of perspectives, including:

1. Preparedness: what can we do differently to be ready to support people through the next disaster?

2. Collaboration: who can we work with to maximise our effectiveness?

3. Prevention: how can we raise community awareness of the financial challenges associated with disasters, and how the social security system works in these situations?

4. Responsiveness: what is our plan when disaster strikes?

Over the next six months we’ll be publishing a series of articles and posts under the banner of ‘Did You Know?’, as our way of raising community awareness about natural disasters and the social security complexities that arise after a disaster.

And, in the background, we’ll be working hard to ensure that we are best placed to respond to community need when disaster strikes.

Did you know?

1. Natural disasters in Victoria
2. If you are affected by disaster, you may be eligible for a payment from Centrelink
3. Centrelink has many requirements of people who seek assistance
4. Any Centrelink decision can be appealed
5. Disasters can have a direct impact on Centrelink legal issues
6. Disasters can cause or worsen disputes about eligibility for social security payments​

Natural disasters:

Natural disasters are declared in Victoria between six and 10 times every year.

In 2021, the following eight disasters were declared:

1. Wellington Storms and Floods: 23 March

2. Victorian Floods and Storms: 9 June

3. Eastern Victoria Floods: 3 September

4. Southeast Victorian Storms: 30 September

5. Southeast Victorian Storms: 15 October

6. Victoria Storms: 29 October

7. East Victorian Storms: 12 November

8. Baw Baw Storms: 2 December

Disasters can affect Centrelink payments in ways you may never have imagined.

Read more about our Disaster Preparedness and Response Plan.

We’ll be posting articles on disaster preparedness and response over the next six months, as well as more in the ‘Did You Know’ series. Make sure you don’t miss a thing: follow us on social media and subscribe to our monthly e-bulletin.

I started with SSRV in August 2021, and I work on our Disaster Preparedness and Response Plan. 

Natural disasters, such as bushfires, floods, and even pandemics, are declared between six and 10 times every year in Victoria. Disasters affect people’s relationships with Centrelink, and this presents an opportunity for SSRV to optimise its capability to support people.

Prior to joining SSRV I worked for several years in the community sector. I came to community services after working for many years in senior roles in the insurance industry, including in the space of disaster response.

Along the way I’ve learnt a few things to be true. One, that everyone has a unique relationship with money; two,  everyone lives with the risk of experiencing a natural disaster; and three, our relationship with money is profoundly affected by any exposure we might have to disasters.

I’m hoping to help SSRV become the best we can be at supporting people who interact with Centrelink after being affected by disaster; to raise community awareness about the things that can go wrong; and to provide advice and support to those who do find themselves in dispute with Centrelink.

When I’m not thinking about disasters and the impacts they have on people’s lives, I work as a professional musician, for which I developed a live-long passion from a young age

During pandemic lockdowns in Victoria, a temporary pause was put on Centrelink debt recovery. Debt recovery has now resumed, and if you have a Centrelink debt that had been put on hold, you will be contacted by Centrelink soon to start discussing your options.

If you were overpaid during the debt pause, you might not be aware that you have a Centrelink debt and an overpayment notice will be issued to you soon.

Here’s what you need to know.

What was the debt pause?

The pause on Centrelink debt recovery was in place for LGAs in New South Wales, Victoria, South East Queensland and the Australian Capital Territory. During that time, Centrelink stopped sending notices about new overpayments.

If you live in one of these areas and were overpaid, Centrelink will soon send you a letter explaining how much you owe and when you need to start repaying. But you do have some time: you don’t need to start repaying any money until July 2022.

What are my options now?

If you want to repay the entire debt sooner than July 2022, you can. If you want to set up a payment plan sooner, you can.

If you have a Centrelink debt that is already being paid off via a payment plan that was put in place prior to the 2021 debt pause, and deductions are continuing, you can contact Centrelink and ask that they put that payment plan on hold until July 2022 if you want to. 

It is best to call the Centrelink Debt Recovery Line on 1800 076 072 between 8am and 5pm, Monday to Friday.

If you don’t understand why you’ve been overpaid contact Centrelink for details

You also have the right to have your debt reviewed by an Authorised Review Officer (ARO) within Centrelink. This is a form of internal review whereby a different Centrelink decision maker, an ARO, will review the decision to raise an overpayment against you and decide whether the debt was correctly raised, correctly calculated and whether the debt should be waived on the basis of special circumstances.

Information about how to request an ARO review will be on your overpayment letter. There is further information available on our website about Centrelink debts and your rights, here.

How to get help from SSRV or refer someone to SSRV

SSRV can provide advice for people who have a Centrelink issue or debt. Call our Legal Assistance Line on 03 9481 0355, Monday to Friday, 9am to 5pm. If you can’t call us, you can email your request for assistance to info@ssrv.org.au