3.6.1.22 Qualification for DSP during Employment - 15 Hour Rule

Topic applies to

This topic applies to people who are subject to the 15 hour rule for DSP qualification.

Policy reference: SS Guide 3.6.1.12 Qualification for DSP - 15 Hour Rule, 1.1.T.147 Transitional applicant (DSP)

Overview

People who are employed may still qualify for DSP if they have an impairment rating of at least 20 points under the Impairment Tables and a CITW (1.1.C.330).

Any income earned from employment will be considered income for the purposes of the income test and may reduce the amount of DSP paid to the person.

Working less than 15 hours per week

A person who works less than 15 hours per week may qualify for DSP if their capacity to work 15 hours or more per week is limited solely by their medical condition(s).

Working more than 15 hours per week

A DSP recipient who undertakes work (1.1.W.60) on an ongoing basis does not have a CITW and will no longer qualify for DSP. These recipients will have their DSP payment suspended (3.6.1.102) and may be eligible for NSA or YA.

It is not intended that a person who can only increase their hours of work for short periods and with significant effort should lose their qualification for DSP. For example, a person who can perform work for more than 15 hours per week for several weeks over Christmas but who could not sustain that level of work in the longer term because of their disability does not lose their qualification for DSP.

A person who is assessed as being permanently blind (1.1.P.210) and qualified for DSP under SSAct section 95, maintains qualification for DSP regardless of the number of hours they work.

Act reference: SSAct section 94(2) A person has a continuing inability to work..., section 94(5) Qualification for DSP, section 95 Qualification for DSP-permanent blindness

Policy reference: SS Guide 3.6.1.12 Qualification for DSP - 15 Hour Rule, 3.6.1.67 Sustainability of Work & DSP, 3.2.1 NSA - Qualification & Payability, 3.2.3 YA - Qualification & Payability, 1.1.I.95 Independently of a program of support, 3.6.1.102 Continuation, Variation or Termination of DSP - 15 Hour Rule

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Last reviewed: 5 September 2011