If someone decided to leave Australia to go home within the last month, are they still allowed to receive jobkeeper payments?

LHret95 on 16/05/2020 - 19:54

Long story short, someone I know decided to leave Australia and go back home on a one way ticket as they "weren't comfortable" being here during this pandemic. The one way ticket was bought as they weren't sure when they were going to be allowed back in.

Their employer applied for jobkeeper and they are receiving it now while back in their home country. They aren't a citizen or hold PR, but is in the process of applying for an 801 Partner Visa (after coming here on a Working Holiday visa.

There is also a good possibility that the person is double dipping between here and whatever social security their home country has.

Can't find anything online about it, no surprise, the government seem to be making it up as they go. However, with any Centrelink services, unless you have good reason to receive payments while overseas, it will be forfeited.

What do you guys think?

Poll Options

  • 0
    Yes, they should keep receiving JobKeeper payments.
  • 112
    No, they shouldn't keep receiving JobKeeper payments.
Financial

Comments

  • JimmyF on 16/05/2020 - 20:14
    +3

    If someone decided to leave Australia to go home within the last month, are they still allowed to receive jobkeeper payments?

    Technically I think they should be in this country, it is a question on the jobseeker payments, but they're not fully the same for jobkeeper.

    It doesn't seem to be a asked for jobkeeper, but they did have to be in this country and 'working' here to get it.

    I guess as long as the company is willing to pay them for NOT showing up to work etc, they can get it paid into their bank account, but if they're not showing up to work and they're meant to, then I guess its up to the company.

    What do you guys think?

    You know what to do then

    https://www.ato.gov.au/General/Gen/Making-a-tip-off/

    • Choc83 on 17/05/2020 - 15:26
      +1

      It's not the company paying them - it's the Australian Taxpayer.

      The whole purpose of giving someone $1500/fn is for that money to cycle through the Australian economy through buying goods and services. Doesn't look like that's happening in this instance.

      • JimmyF on 17/05/2020 - 17:13

        It's not the company paying them - it's the Australian Taxpayer.

        The gov doesn't pay them directly, they pay the company who then pays the employee. So if the company is happy to pay the employee $1500/fortnight for not showing up, then so be it. The company doesn't make 'money' out of paying them, as its $1500 in, and $1500 out.

        Doesn't look like that's happening in this instance.

        I agree, but as I said above, its really up to the company. If everyone was sent home with no work and just getting paid $1500/fortnight to stay home, then they won't really know for a while they left the country.

  • dizzle on 16/05/2020 - 20:19
    +7

    I thought non-citizens/non-residents were not applicable for jobkeeper (although I think I heard NZ citizens were able to) and I assume it's to avoid this double dipping.

    So first question is how do they qualify in the first place?
    If you're concerned I'm sure there should be some way to report it to centrelink, however I think they are less strict about it at the moment in favour of making sure it's accessible. So I'm not sure much would be done for a month or two.

    • mbck on 16/05/2020 - 20:25

      The ato system (business portal) would still show the employees in their list. This is if the company lodges stp every payroll. Then the employer will need to choose from a list, whether the specific employees are: eligible, never eligible and I forgot the other one (I think not claiming yet).

      So there's that manual part. If the employer chooses eligible for all, then technically they will get jobkeeper.

      The issue is, if ato audits and finds out that employee is not eligible, they will ask the company to pay them back. Then the company will try to recoup the money from the employee…

      • dizzle on 16/05/2020 - 20:29

        I know the employee form does not include information on residency, however I would assume the employer would have to input details of individual employees which should include this. There would be many jobs that employ both residents and those holding visas, and it would be up to them to have those details.

        • tomsco on 17/05/2020 - 07:34

          On the second page above the declaration field it does detail it. Basically by completing the form, you’re making a declaration that you are eligible for it, with the eligibility criteria being clearly listed.

  • popsiee on 16/05/2020 - 20:22

    The government @#ed it up so badly it doesn’t matter if another Chum receives it !

  • mbck on 16/05/2020 - 20:22
    +3

    Pretty sure as they are not a citizen or pr or somewhere visa subclass (yes i know they're applying, but they don't have it yet), they are not eligible for jobkeeper.

    • Hret95 on 16/05/2020 - 20:31

      That was my thought. When speaking to their partner about it, they said that because they lodged their 801 visa application last year, she is considered eligible. It's hard to know whats what with this scheme as there's so little information available.

      • [Deactivated] on 16/05/2020 - 22:50
        +3

        The partner is wrong. The eligibility criteria is as follows:

        At 1 March 2020 they were either:
        – residing in Australia and an Australian citizen or permanent resident

        or
        – an Australian resident for income tax purposes and a Subclass 444 visa holder (New Zealander).

        You should report them.

        • Hret95 on 16/05/2020 - 23:56

          Second pet too would be, and my understanding is, as they don’t currently hold a visa other than possibly a bridging visa, they wouldn’t be allowed to come back into the country until international arrival is allowed.

          I believe that if you leave Australia while on a bridging visa, you forfeit that visa and would need to apply for another coming back in.

          • PissLUR on 17/05/2020 - 04:46

            @Hret95: That's not true. There are different classes of bridging visa a, b, c, d and e.

            • [Deactivated] on 17/05/2020 - 07:11

              @PissLUR: I remember correctly bridging visa b ID the one that allows you to leave the country.

              • [Deactivated] on 17/05/2020 - 12:19

                @[Deactivated]: *If I remember correctly

  • lost in transit on 16/05/2020 - 20:33

    With disability pensions once your out of the country over 28 days it automatically stops… Comes back and it restarts….

  • plmko on 16/05/2020 - 20:40

    Not up to them, it's the employer. If the employer wants to take all the blame without gain, then you…ahrrmmm your friend can keep getting the payment.

    • [Deactivated] on 17/05/2020 - 00:02
      +1

      The employer relies on the information that was provided in the jobkeeker application form. If she lied, she's the one committing fraud, not the employer.

  • bluesky on 16/05/2020 - 21:06
    +6

    Partner and Working Holiday Visas are not eligible for Jobkeeper or Jobseeker, according to this:

    Eligible employees must meet one of these criteria, according to ATO:

    were either:
    an Australian resident (within the meaning of the Social Security Act 1991) – visit the Services Australia website and read residence descriptions for more details
    an Australian resident for the purpose of the Income Tax Assessment Act 1936 and the holder of a Subclass 444 (Special Category) visa as at 1 March 2020

  • lordra on 16/05/2020 - 21:56
    +1

    Depends on a number of factors, IMO.
    Do they have a current visa?
    Yes - Is it one of the eligible ones? - Yes, they can receive payments (once they meet residency requirements)
    No - No payments of any kind
    It all comes down to what visa they have and then if they meet Res Reqs.

  • AdosHouse on 17/05/2020 - 00:58
    +2

    The JobKeeper Employee Nomination Notice form clearly states what the eligibility is, and this mate has lied on the form if they have ticked the YES box and signed the form. Lying to the ATO is not the smartest move.

    If found out, good luck to the friend for re-entering Australia.

  • aspirepranesh on 17/05/2020 - 10:37
    +2

    My partner just got her 801 approved.

    • 820 is not eligible for job keeper as it is a temp visa.

    • 801 approval must have happened prior to 1st of March 2020 I believe to be eligible for job keeper. She communicated her 801 approval to her employer but they said she is not eligible now as it is post march 2020.

    If this person is claiming job keeper on 820 awaiting 801,they must be reported. They should not be even eligible for the starters and they have lied on the form.

    • PissLUR on 17/05/2020 - 12:38

      Your partner has missed the boat. It is likely that the company has completed their jobkeeper application.

      • aspirepranesh on 17/05/2020 - 12:52
        +1

        They lodged it a month ago. Even then she wouldn't have been eligible if she had her 801 approval by then. 1st March 2020 is the cut off. Anyone who got their PR after that is not eligible.

        • PissLUR on 17/05/2020 - 12:59

          So is she being stood down or still working? It doesn't really matter if she is still working.
          If not, jobseeker is the go to.

          • aspirepranesh on 17/05/2020 - 13:43

            @PissLUR: She is working part time now due to reduced hours and not eligible for job seeker due to my income.

            • PissLUR on 17/05/2020 - 18:38

              @aspirepranesh: You must be earning quite a bit then. They have upped the threshold to 90ish K.

              • aspirepranesh on 17/05/2020 - 18:43
                +1

                @PissLUR: They take into account both our incomes. If she was not working, we would be eligible.

  • [Deactivated] on 17/05/2020 - 12:21
    +1

    someone I know decided to leave Australia and go back home on a one way ticket as they "weren't comfortable" being here during this pandemic.

    She wasn't comfortable being with the person she allegedly love when he needed her? Why in the world is she applying for a partner visa then?

    • Hret95 on 17/05/2020 - 13:03

      Yeah man… That's a whole thing on it's own.. Our friends group is really confused by what is happening and quite frankly don't trust her at all.

  • PissLUR on 17/05/2020 - 12:37
    +1

    Check out this forum post.

    https://www.ozbargain.com.au/node/526310

    820 holder also getting jobkeeper payment. Seems likely that ATO is not enforcing the residential requirements.

  • mitt on 17/05/2020 - 15:44
    +2

    After all this is wound up I am guessing the ATO will be doing a lot of audits & a lot of people will be getting their Visas revoked or denied entry unless they repay a stack of cash.

    • tomsco on 18/05/2020 - 10:42

      Yep. Interesting to see as the employee is making the declaration to see if the employer cops any flak or if they will just go after the employee.

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