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Is my mum eligible for Jobkeeper payments?

Newbie

Views 256

Replies 3

Hi ATO, 

Thanks first here for looking at this question. 

My mum works at a local restaurant as a kitchen hand and has been working there since 2019. She just told me that her employer never applied or paid her jobkeeper since the pandemic and I was truly suprised. My mum certainly satisfies the jobkeeper eligibilities that I can find on the website. 

Just some backgound info - my mum has very limited English language abilities and she told me her employer had been paying her cash (average $15 per hour and no super contribution). Before Oct 20, her employer told her she was not eligible for jobkeeper because they were not paying tax for her. My mum was afraid of losing her job and kept me from it. Later (I believe after Sep 20) the employer said they started paying tax for her. However, since their turnover reduction is less than 30%, so they still could not apply jobkeeper for her (which might be also trying to cover up not paying tax before). To date, i believe her employer still haven't paid superannuation for my mum. i only come to realisation of this when my mum asks me to check her super as she doesn't know how to check it. 

I understand that jobkeeper has finished but ATO is still reviewing people's eligibilities retrospectively. For my mum's situation, she is clearly eligible for jobjeeper from the information that I can gather. Can you please advise her what to do? Thanks a lot for the help. 


1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Devotee

Replies 2

If the employer wasn't eligible, employee eligibility is irrelevant otherwise one for Fair Work rather than ATO

3 REPLIES 3

Most helpful response

Devotee

Replies 2

If the employer wasn't eligible, employee eligibility is irrelevant otherwise one for Fair Work rather than ATO

Newbie

Replies 1

I should have been more clear - I was told the restaurant was literally deserted during the lockdowns and a couple workers were stood down, so the employer should be an eligible employer (at least for some period). 


@SM2304 wrote:

If the employer wasn't eligible, employee eligibility is irrelevant otherwise one for Fair Work rather than ATO


 

ATO Community Support

Replies 0

Hiya @Freshofftheboat,

 

The restaurant may have been eligible for JobKeeper, but they weren't required to apply for it. If they applied for some staff and not others, you would need to talk to Fair Work. It was not mandatory for a business to make a claim, even if the staff could have been eligible.

 

Fair Work Australia.