Ex Gratia Payments in Australia: Guide for 2026

An ex gratia payment is a sum of money paid by an organisation, government, or employer “as a favour” and not because of a legal obligation. The Latin phrase literally means “by favour” or “out of grace.” In Australia, ex gratia payments are most often made by government agencies or large employers to address hardship or rectify situations where a strict legal entitlement does not exist, but fairness calls for compensation.

• Government ex gratia payments: Often made to individuals affected by administrative errors, policy failures, or disasters where no statutory compensation scheme applies.

• Employer ex gratia payments: Sometimes offered in redundancy situations, workplace injuries, or to resolve disputes outside formal legal processes.

These payments are typically one-off, voluntary, and discretionary. The recipient has no legal right to demand them, and the payer is not admitting liability by making the payment.

Ex gratia payments have gained attention in recent years due to high-profile cases and evolving government responses. In 2026, several updates are shaping the landscape:

• Natural disaster relief: With increasing climate-related events, state and federal governments have expanded ex gratia schemes for individuals and small businesses impacted by bushfires and floods, including streamlined application processes and clearer eligibility guidelines.

• Robodebt compensation: Following the Robodebt Royal Commission, the Commonwealth continues to process ex gratia payments for those affected by unlawful debt recovery, with additional reviews in 2026 to reach overlooked claimants.

• Public sector errors: Agencies such as Services Australia have adopted new protocols to identify and compensate individuals harmed by administrative mistakes more efficiently, often through ex gratia payments.

• Taxation clarity: The ATO clarified in 2026 that most ex gratia payments made by government in response to hardship or errors are not considered assessable income, though exceptions apply for certain employment-related payments.

Case Example: After the 2024-25 East Coast floods, the NSW government issued ex gratia payments of up to $10,000 for uninsured households who did not qualify for existing disaster recovery grants. This provided crucial stop-gap relief for many affected families.

Receiving an ex gratia payment can provide vital support, but there are important financial implications to consider in 2026:

• Tax treatment: Most ex gratia payments from government (e.g., for hardship or administrative errors) are tax-free, but those related to employment (e.g., redundancy top-ups) may be taxed as income. Always check the nature of the payment with the issuer or the ATO’s latest guidance.

• Impact on benefits: Some Centrelink and other government support payments may be affected if you receive an ex gratia payment, especially if the payment is large. In 2026, Services Australia advises recipients to report any lump sum received, as it can affect means-tested benefits or Family Tax Benefit calculations.

• Superannuation and redundancy: If an ex gratia payment is made on top of a redundancy payout, it may attract a different tax treatment than statutory redundancy pay. This could affect how much you receive after tax, and whether you can contribute any of it to superannuation under concessional caps.

It’s wise to keep documentation about the payment and the reasons for it. If in doubt, request a written explanation from the payer regarding its intended treatment for tax and benefit purposes.

Ex gratia payments are not automatic — they usually require a formal application, detailed evidence, and sometimes a lengthy review process. Typical steps include:

• Contact the relevant agency or employer and explain your situation.

• Provide supporting documents (correspondence, evidence of loss or hardship, etc.).

• The decision-maker will assess your case on its merits, considering fairness and any relevant precedents.

• If approved, you’ll receive a one-off payment, usually with a letter explaining its nature and any conditions.

In 2026, governments are under pressure to make these processes more transparent and timely, especially in disaster or systemic error scenarios. However, there are still no guarantees: many applications are unsuccessful, and there is often limited right of appeal.

Ex gratia payments play a unique but important role in Australia’s financial safety net, helping individuals recover from hardship when no standard remedy exists. As policies and processes evolve in 2026, understanding your rights — and responsibilities — is essential to make the most of these discretionary payments. If you believe you might be eligible for an ex gratia payment due to government error, natural disaster, or a unique employment situation, consider gathering your evidence and approaching the relevant body for a discussion.