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Jobkeeper - Casual eligibility

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Newbie

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Hi there,

My employer has applied for Jobkeeper and is eligible, however, they are saying that I am not eligible because I don't meet the criteria of working 48 weeks out of 52 weeks. 

I have looked on Fair Work and ATO website and cannot find this 'rule' anywhere. I have been employed by them from over 12 months and have worked regularly and systematically throughout (have worked 47 weeks out of the year). I have raised this issue with them but I am not receiving any response. I am worried I will miss out on the payment as the forms are due to be submitted before the end of the month. What can I do?  I am definitely an eligible employee but how can I claim this payment from them?

Thanks. 

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Hi @SarahB128,

 

Sorry to hear about your situation. That does sound frustrating. 

 

The eligibility requirements from the ATO website are here, and do not stipulate what you have described by your employer:

 

  • are currently employed by the eligible employer (including if you were stood down or re-hired)
  • were for the eligible employer (or another entity in their wholly owned group), either a  
    • permanent full-time or part-time employee at 1 March 2020
    • long-term casual employee (employed on a regular and systematic basis for at least 12 months) as at 1 March 2020 and not a permanent employee of any other employer
     
  • were aged 16 years or older at 1 March 2020
  • were either  
    • an Australian resident (within the meaning of the Social Security Act 1991) – visit the Services Australia website and read residence descriptionsExternal Link 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
     
  • were not in receipt of any of these payments during the JobKeeper fortnight  
    • government parental leave or Dad and partner pay under the Paid Parental Leave Act 2010
    • a payment in accordance with Australian worker compensation law for an individual's total incapacity for work.

 

It may be worth speaking to Fair Work Australia about this, as it could result in a dispute between you and your employer. The ATO can only distribute JobKeeper payments to you if you are eligible and and nominated by your employer, and it is the employer's responsibility to ensure all eligible employees are nominated. 

 

Hope this helps.

 

Josh

1 REPLY 1
Highlighted

Best answer

Community Support

Replies 0

Hi @SarahB128,

 

Sorry to hear about your situation. That does sound frustrating. 

 

The eligibility requirements from the ATO website are here, and do not stipulate what you have described by your employer:

 

  • are currently employed by the eligible employer (including if you were stood down or re-hired)
  • were for the eligible employer (or another entity in their wholly owned group), either a  
    • permanent full-time or part-time employee at 1 March 2020
    • long-term casual employee (employed on a regular and systematic basis for at least 12 months) as at 1 March 2020 and not a permanent employee of any other employer
     
  • were aged 16 years or older at 1 March 2020
  • were either  
    • an Australian resident (within the meaning of the Social Security Act 1991) – visit the Services Australia website and read residence descriptionsExternal Link 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
     
  • were not in receipt of any of these payments during the JobKeeper fortnight  
    • government parental leave or Dad and partner pay under the Paid Parental Leave Act 2010
    • a payment in accordance with Australian worker compensation law for an individual's total incapacity for work.

 

It may be worth speaking to Fair Work Australia about this, as it could result in a dispute between you and your employer. The ATO can only distribute JobKeeper payments to you if you are eligible and and nominated by your employer, and it is the employer's responsibility to ensure all eligible employees are nominated. 

 

Hope this helps.

 

Josh