Safety Net Income Benefit (SNIB)

This policy applies for losses on and after 28 November 2007

Policy

The TAC will pay the Safety Net Income Benefit (SNIB) to a client:

  • who has returned to work after sustaining a "severe injury" and has an impairment rating of 50% or more, and
  • who subsequently is terminated from his/her job, or can no longer sustain his/her self-employment after returning to work.

This policy applies to a client who otherwise would be entitled to Loss of Earning Capacity (LOEC) payments but whose job is terminated or cannot be sustained (if the person is self-employed) for non-transport accident related reasons.

Transport Accident Act 1986 reference: s.54A(1)

Definitions

In this policy:

  • Earner's pre-termination weekly earnings refers to the weekly average of the gross earnings received by the person as an earner during the 12 months immediately before the day on which the post-accident employment was terminated.
  • Self-employed's pre-termination weekly earnings means the amount assessed by the TAC having regard to the earnings of the person during the 12 months immediately preceding the day on which the person can no longer sustain his/her self-employment.
  • Termination means the ending of the employment relationship between the employer and the employee at the employer’s initiative. This does not include a period of ‘stand down’ where the employer does not provide work or payment to the employee, but the employment relationship continues through accrual of entitlements (such as annual leave).

Transport Accident Act 1986 reference: s.54A(7)

Guidelines

What type of payment is the SNIB?

The SNIB payment is payable for losses on and after 28 November 2007. The SNIB is an income benefit designed to act as a safety net for severely injured clients who have an impairment rating of 50% or more and have returned to work but their employment is subsequently terminated due to reasons such as site closure, restructure, redundancy or insolvency or their self-employment  can no longer be sustained.

How is the client's entitlement to the SNIB calculated?

A client's weekly SNIB payment must not exceed, whichever is the lesser of
(a) The statutory maximum, or
(b) an amount equal to 80% of whichever is the greater of the person's "pre-termination weekly earnings" or the person's "pre-accident earnings".

Transport Accident Act 1986 reference: s.54A(5) and s.4(1)

Is the SNIB taxed and does the TAC issue an annual payment summary or income statement?

The SNIB is a taxable income payment and the TAC will issue a payment summary at the end of each financial year.

Does the statutory weekly maximum amount get indexed?

The statutory weekly maximum amount is indexed by the Average Weekly Earnings (AWE) on 1 July each year.

Transport Accident Act 1986 reference: s.61(2A)

How long is SNIB paid for?

SNIB payments are paid as a safety net while a person finds alternate employment.  SNIB payments will cease when a client has:

  • received a reasonable offer of suitable employment, or
  • unreasonably refuses to participate in a rehabilitation or vocational rehabilitation program, or
  • settled his/her common law claim for pecuniary loss damages, or
  • reached the age of retirement for his/her occupation, or the age that he/she can apply for the Commonwealth aged pension.

Transport Accident Act 1986 reference: s.54A(3) and s.54A(2)

Is the client expected to participate in a rehabilitation program whilst in receipt of the SNIB?

The TAC may support a client to find alternate employment by requesting a client to participate in an approved:

  • rehabilitation program provided by an approved rehabilitation service, or
  • vocational rehabilitation program provided by a vocational rehabilitation service.

More information about the supports we can provide is available here: http://www.tac.vic.gov.au/clients/how-we-can-help/return-to-work-support

A client is not eligible for a SNIB payment where they unreasonably refuse to participate in a rehabilitation program or vocational rehabilitation program approved by the TAC.

Transport Accident Act 1986 reference: s.54A(2)

Will SNIB payments continue if a client is placed on a return to work program with an alternative employer?

Where a client who is receiving SNIB payments is unable to return to his/her pre-termination employment, the TAC can arrange vocational rehabilitation services to support them to find alternate employment and develop a return to work plan. Where appropriate, the TAC can pay top-up SNIB or may consider paying wage subsidies to an employer as the client increases their hours in a new role.  More information about return to work support is found here: http://www.tac.vic.gov.au/clients/how-we-can-help/return-to-work-support.

What happens if a client who is receiving SNIB payments takes up a reasonable offer of alternative employment and this is unsuccessful?

The TAC will consider whether the reasons for the unsuccessful return to work are due to non-transport accident injury reasons to determine if the client may be entitled to receive SNIB.

If the return to work was unsuccessful because of accident related reasons then the client may need to have their capacity reviewed to assess eligibility for LOEC payments.

What happens if a client on SNIB payments who worked full-time takes up an offer of part-time work because that is what can be offered?

The TAC can pay top-up SNIB payments to a client who takes up an offer of part-time work  where that is offered after being terminated or the employer cannot offer the hours of work the client performed before termination. The TAC will continue to work with the client to return to the working hours for which they have capacity.

If however the reason the part-time work is taken up is solely as a lifestyle or personal choice  then SNIB payments cannot be paid, e.g. a client decides to reassess his/her lifestyle after the termination, he/she takes up an offer of part-time and not full-time employment in order to spend more time with the family.

The client may be required to participate in a vocational rehabilitation program until the pre-termination level of employment is reached.

Can a client receive an LOEC benefit and a SNIB payment?

A client cannot receive an LOEC benefit if he/she is receiving SNIB payments.

However, a client who returned to alternative employment after receiving SNIB payments and goes off work again because of his/her transport accident injuries, is entitled to a total or partial LOEC payment depending on the extent of the incapacity. See also the Loss of Earning Capacity Benefits policy.

Transport Accident Act 1986 reference: s.54A(6), s.49 and s.50

What if a client's job is terminated because of the transport accident injury?

If a client loses his/her job due to the transport accident injury and suffers a total or partial loss of incapacity, he/she may be entitled to LOEC benefits. See also the Loss of Earning Capacity Benefits policy.

Transport Accident Act 1986 reference: s.49 and s.50