How to receive a BSWAT payment

This page provides information for people who registered for the BSWAT Payment Scheme (the scheme).

There are five steps to apply for a payment through the scheme.

  1. Register for the scheme
  2. Apply for a payment
  3. Receive a payment offer, if eligible
  4. Get financial counselling and/or legal advice
  5. Accept the offer by the due date

Help and information

Visit the page Information for applicants and their nominees, carers, families and advocates for resources such as Easy Read materials, information booklets, fact sheets, application forms and videos. If you have questions or need help, call the BSWAT Payment Scheme information line on 1800 799 515.

1. Register for the scheme

You must have registered for the Scheme by 30 April 2017 to be able to apply for a payment.

If you didn’t register, you cannot apply for a payment - even if you may have been eligible.

2. Apply for a payment

If you registered for the scheme and want to apply for a payment, you need to complete an application form. The form is available on the page Information for applicants and their nominees, carers, families and advocates.

We must receive applications by 30 November 2017. We cannot accept late applications.

An Easy Read fact sheet on how to apply is available here.

If you are unsure if you have already applied, call us on 1800 799 515 and we can confirm your application.

You can appoint a nominee

As part of your application, you can appoint a nominee to act on your behalf regarding the scheme.

If you apply without appointing a nominee, or if you want to appoint additional nominees, you can:

  • complete the Nominee Application form and send it to us
  • appoint a nominee online by completing a nominee application form.

An Easy Read fact sheet on Nominees is available here.

3. Receive a payment offer

We will assess all applications to determine eligibility for a payment under the scheme.

We will respond to all applications. In our response, we may:

  1. offer you a payment under the scheme (if you are eligible and entitled to a payment) or
  2. advise you that your application met the eligibility requirements but you are not entitled to a payment under the scheme or
  3. advise you that you are not eligible for the scheme (if you are not eligible for the Payment Scheme).

If you are offered a payment, we will send you a ‘Letter of Offer’. The letter will tell you how much the payment will be. The payment amount is worked out by:

  • the amount of wages that the employee would have been paid if their wages had been assessed using only the productivity component of the BSWAT and
  • deducting the amount of wages the employee was paid using BSWAT by
    • multiplying the result by 0.7 and
    • adding some money to take account of inflation since the employee was paid their wages and
    • then adding some more money to compensate for any tax payable on the payment.

If we decide to offer a payment, we will send you a Letter of Offer.

Included with the Letter of Offer will be three important documents that must be completed and returned to us by the due date listed in the letter:

  1. Attachment D: Acceptance Form
  2. Attachment C: Financial Counselling Certificate
  3. Attachment B: Legal Advice Certificate.

4. Get financial counselling and/or legal advice

Watch this video for information about getting financial counselling and legal advice.

Financial counselling

An Easy Read fact sheet on financial counselling is available here.

Some applicants must get financial counselling before they can accept a payment offer.

Other applicants who receives a payment offer can choose to get financial counselling.

If the payment offer is over $1,000, you must get financial counselling.

Attachment C in the Letter of Offer must be signed by the financial counsellor.

If the payment offer is under $1,000, you do not have to get financial counselling - but you can choose to. If you don’t see a financial counsellor, you must sign Attachment C.

You do not have to see a financial counsellor if you have a nominee who is a State or Public Trustee, or a Trustee Company, and they are authorised by law to make financial decisions for you. Attachment C must be signed by the nominee.

Important: A financial counsellor is not the same as a financial adviser or accountant.

There is a list of financial counsellors on our website.

The Government will pay for financial counselling, up to a set limit.

Legal advice

Every applicant who receives a Letter of Offer can choose to get legal advice.

If you choose to get legal advice, the legal advisor must sign Attachment B in the Letter of Offer and send it to us.

If you choose not to get legal advice, you must sign Attachment B.

There is a list of legal advisors on our website.

We will pay for legal advice, up to a maximum of $850 (incl GST).

5. Accept the offer by the due date

If you want to accept the payment offer, we must receive the following three documents by the due date listed in the Letter of Offer:

  1. Attachment D: Acceptance Form
  2. Attachment C: Financial Counselling Certificate
  3. Attachment B: Legal Advice Certificate.

An Easy Read fact sheet about how to accept your payment offer is available here.

Requesting an extension of time

If you need more time to consider the offer, you can ask for an extension of time. Call us on 1800 799 515 before the due date in the Letter of Offer to request an extension of time.

Declining an offer

You can decide to decline the offer. You don’t need to call or write to us.

If you accept an offer of payment, you will not be able to take part in any current or future legal case or claim in relation to BSWAT.

If you change your mind

You can change your mind if you apply for a payment, but then decide you don’t want to receive a payment.

You cannot change your mind after you accept an offer of payment.

You can only change your mind before the date that is listed in your Letter of Offer. This is very important.

Please contact us on 1800 799 515 if you are unsure about the timeframes.

Asking for a review

If you or your nominee do not agree with a decision we have made, you can ask for a review of the decision.

You can find more information on the Asking for an Internal and External Review webpage.

Eligibility

To be eligible for the scheme, a person must have, for at least one day in the period starting on 1 January 2004 and ending on 28 May 2014:

Other eligibility conditions are that:

  • had an intellectual impairment, which includes an intellectual disability, autism spectrum disorder, dementia, or impaired intellectual function as a consequence of an acquired brain injury; and
  • been employed and provided with employment support by an ADE; and
  • received a wage based on a BSWAT assessment, or received a training wage while waiting for a BSWAT assessment.

Other eligibility conditions are that:

  • the person required daily support in the workplace to maintain employment in the ADE; and
  • the person has not accepted an amount of money in settlement of, or the court has not ordered payment of an amount of money to the person in connection with, a claim made relating to the use of the BSWAT to assess the person’s wage.

All eligibility criteria have to be met for individuals to access the scheme.

Important!

To receive a payment, you must have registered for the scheme by 30 April 2017. If you didn’t register, you cannot apply for a payment - even if you may have been eligible.

Deceased persons

A person can apply for the scheme on behalf of a deceased person who would otherwise have been eligible for the scheme.

All the eligibility criteria that apply to non-deceased persons still apply to deceased persons.

The deceased person or the Legal Personal Representative must have registered for the scheme prior to 30 April 2017.

You can find more information on the Deceased Persons webpage.

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