Eligibility criteria
You will be eligible for ESP payments when you and your employee/Reservist have met all of the following criteria:
The employee/Reservist, while employed by the employer, has completed an annual qualifying period of 2 weeks of continuous Defence service prior to the period(s) of Defence service covered by this claim (or, if this is the 1st claim in the financial year, the Defence service covered by this claim includes the 2 weeks of qualifying period service).
ESP is NOT payable during the qualifying period.
Each period of Defence service is at least 5 consecutive days in duration. (Note: there are special provisions for Public Holidays, authorised stand-down days, and travel or rest days).
Each period of Defence service is considered discretely. A delegate is entitled to re-assess evidence accepted for an earlier claim and make a different decision relating to the approval of the current claim.
The Reservist has been released to undertake the Defence service and has not undertaken duties for the business or company while on the Defence service being claimed (except in emergency situations or with prior written permission from the Reservist's Commanding Officer or Branch Head).
Service utilising annual leave, long service leave or other forms of accrued leave is not eligible for ESP payments or as qualifying period service.
Each period of Defence service is considered discretely. A delegate is entitled to re-assess evidence accepted for an earlier claim and make a different decision relating to the approval of the current claim.
The Reservist has been released to undertake the Defence service and has not undertaken duties for the business or company while on the Defence service being claimed (except in emergency situations or with prior written permission from the Reservist's Commanding Officer or Branch Head).
Service utilising annual leave, long service leave or other forms of accrued leave is not eligible for ESP payments or as qualifying period service.
Submission Time Frame
Your claim must be submitted within 6 months of the 1st day of continuous Defence service for which the claim is made. Claims that are made more than 6 months after the 1st day of service will only be eligible for payment for any part of the claim period that occurred within 6 months of the claim being made (unless this requirement is waived by the Director, Deputy Director or Assistant Director of the ESP Scheme).
You may request a waiver of the limitation period for late claims. Late claims for which a waiver is sought must be forwarded, with justification for the late submission, to the Director for consideration of a waiver and adjudication.
Change of Circumstances
If the Reservist leaves your employment then any ESP entitlement ceases. If you are in receipt of ongoing ESP payments for a period of eligible service or awaiting payment in relation to a period of eligible service, you must notify the Director of the ESP Scheme (through your Reservist's ESP Delegate) of this.
Additional Criteria for Self Employed Reservists
To be eligible for payment of ESP, a self-employed Reservist must meet all of the criteria above as they relate to an employer. In addition, delegates must be satisfied that:
Change of Circumstances
Additional Criteria for Self Employed Reservists
To be eligible for payment of ESP, a self-employed Reservist must meet all of the criteria above as they relate to an employer. In addition, delegates must be satisfied that:
-
the self-employed Reservist conducts a recognised profession or business as:
- a sole trader; or
- a partner; or
- an employee, in an active role, in a company in which the member has a controlling interest; or
- a director of a company in which the member has a controlling interest and in which the member plays an active role in the direction of the company; or
- an independent contractor providing services to a company in which the member has a controlling interest. - the business, company or partnership is bona fide and is operating; and
- the business, company or partnership provides the Reservist's principal source of income and has done so for a continuous period of at least the previous six months prior to the period of continuous Defence service being used to establish eligibility.
In exceptional circumstances where it would be unfair to apply the principal source of income requirement, the Reservist may submit a claim to the ESP delegate with supporting evidence to satisfy the Legitimate Business Test.
Change of Circumstances
Change of Circumstances
If a self employed Reservist disposes of their business, ceases to trade/operate on a permanent basis, ceases to be a partner in a partnership or ceases to have a controlling interest in a company or business, then any ESP entitlement that the Reservist has, on the basis of the previous circumstances, ceases.
Self employed Reservists who are in receipt of ongoing ESP payments for a period of eligible service or who are awaiting payment in relation to a period of eligible service must notify the Director of the ESP Scheme (through their ESP Delegate) of this.
