3.6.1.45 Qualification for DSP - After 2 Years on Income Support with Suitable Training

 

Note: This topic is under review due to the commencement of DES on 1 March 2010.

 

Overview

This qualification for DSP recognises that for people who have made every effort to increase their work capacity over a period of 2 years, but have been unable to (because of a physical, intellectual or psychiatric impairment), the appropriate payment is DSP.

 

Act reference: SSAct section 94A(2) A person has a current inability to work..., section 23(1)-'social security benefit', section 23(1)-'social security entitlement'

 

Explanation

This new qualification for DSP will allow people who have been assessed as being able to work 15 or more hours per week within the next 2 years taking into account programmes that could increase their capacity to access DSP after 2 years on another security benefit or entitlement. If, after the 2 years and participation in an appropriate programme for up to 2 years, their work capacity has not increased to at least 15 hours per week (because of a physical, intellectual or psychiatric impairment) they will be able to qualify for DSP.

 

This recognises that, despite the provision of assistance to a person, at times, a person's capacity to perform work may not increase to the level that was initially anticipated. This may be because a person's impairment has deteriorated, or a person's recovery from an injury has taken longer than anticipated, or a person's residual level of impairment is greater than would have normally been expected.

 

In considering whether a person is qualified to transfer to DSP, under section 12 of the SS(Admin)Act the delegate must consider whether the person meets the eligibility criteria for DSP.

 

Qualification (1.1.Q.10) criteria

To qualify for DSP under section 94A, a person must meet the criteria listed in the following table. Where more detail about a criterion is required, the second column indicates where you will find this.

Criterion	More Detail
ALL of the following
Be between the ages of 16 years and age pension age (section 23(5A) through to section 23(5D)) at the time of transferring, AND
Satisfy the residence criteria, AND	This topic
Have a physical, intellectual or psychiatric impairment causing functional incapacity (1.1.F.270) of at least 20 points as measured by the Impairment Tables (1.1.I.10), AND	SS Guide 3.6.2 Assessment for DSP
The person underwent a JCA for DSP at least 2 years ago (1.1.J.10), AND
The person had a current inability to work because of a physical, intellectual or psychiatric disability, AND Note: Along with a current inability to work, the person had an assessed work capacity of 15 or more hours in 2 years with appropriate training.	This topic
The person received a social security benefit or social security entitlement (1.1.S.200) for at least 2 years, AND	A person can only qualify for DSP under this section if not already receiving DSP.
The Secretary reviewed and reassessed the person's current work capacity, AND
At the 2 year review, the Secretary is satisfied the person has a current inability to work 15 hours per week because of their physical, intellectual or psychiatric impairment, AND	This topic
During the period, the person has undertaken the appropriate training activity, AND	This topic
A person is not qualified for DSP on the basis of a current inability to work if the person brought about the inability to work with a view to obtaining DSP.	This impacts people who brought about the inability SOLELY with a view to obtaining DSP. It does not impact people who brought about the inability for other purposes.

 

What is appropriate training?

• the person undertook training activities as required under an EPP with the Secretary during the 2 year period, or
• if the person was not required to undertake an EPP (usually because the person's payment type does not require the person to enter into an EPP), the person undertook appropriate training activities during the 2 year period,
• training actives will be appropriate if they are identified through the JCA and they can be provided for the person,
• the person must undertake appropriate training activities during the 2 year period, however the appropriate activities may be for a duration of less than 2 years,
• training activities will be appropriate if they are identified through the JCA and they can be provided for the person,
• training activities cover the whole range of training activities that could improve a person's work prospects,
• training activities mean one or more of the following (whether or not the activity is designed specifically for people with physical, intellectual or psychiatric disabilities):
  • education (e.g.year 10 and year 12 certificates),
  • pre-vocational training (e.g. training that will prepare a person for work such as job search skills programmes, basic computer training and presentation and communication skill courses),
  • vocational training (e.g. training for a profession or occupation, for example a trade certificate),
  • vocational rehabilitation (e.g. counselling, physical conditioning programmes to restore a person's physical capacity and return to work programmes designed specifically for people with disabilities),
  • work-related training, including on-the job training (e.g. short courses tailored to a particular industry or occupation, either within or outside of a work environment. Examples could include book keeping, storeman/fork lift driver and service station console operator).

 

If an appropriate training activity is not available to a person because of the Commonwealth's inability to provide it, this does not prevent a person from qualifying for DSP under section 94A.

 

What is a current inability to work?

A person has a current inability to work of 15 hours or more hours per week because of an impairment if the Secretary is satisfied that the impairment is of itself sufficient to prevent them from doing any work independently of a programme of support (1.1.I.95).

 

In determining current inability to work, the availability of work in the person's locally accessible labour market (1.1.L.70) must be disregarded.

 

Work means work that is for at least 15 hours per week where wages are at or above the relevant minimum wage, and that exists in Australia, even if not within the person's locally accessible labour market.

 

Act reference: SSAct section 94A Qualification for disability support pension-person transferring to that pension, section 94A(2) A person has a current inability to work...

 

Independently of a programme of support

Independently of a programme of support means a person is able to work 15 or more hours per week where wages are at or above the relevant minimum wage in the open labour market without requiring regular or ongoing assistance or services to maintain the employment.

 

A person is treated as doing work independently of a programme of support if the person:

• is unlikely to need a programme of support to do the work,
• is likely to need a programme of support but only occasionally,
• is likely to need a programme of support but the provision of the programme of support is not ongoing.

 

Example:

• Occasional support: includes intermittent support provided to a person, who having completed up to 2 years with a DEN member, continues to receive a couple of hours assistance over the next 12 months to learn a new job task.
• Ongoing support: includes support provided to a person by the DEN which is required for more than 2 years.
• Support that is not ongoing: includes the DEN for 2 years or less. Six months post placement support with a JSA provider is also support that is not ongoing.

 

A programme of support is a programme that is wholly or fully funded by the Australian Government, including the DEN, or a type that is similar.

 

Act reference: SSAct section 94(4)(a)(ii) A person is treated as doing work independently of a program of support...

 

A person is not qualified in certain circumstances

A person is not qualified for DSP if the person brought about the inability to work with a view to obtaining DSP or SA, or an exemption from activity test requirements, or to prevent the person from doing any work.

 

A person can only qualify for DSP under this section if not already receiving DSP. This means once a person has qualified for DSP at the next review qualification for DSP will be under section 94.

 

Act reference: SSAct section 94A Qualification for disability support pension-person transferring to that pension

 

Residence qualification criteria

To satisfy the residence criteria for DSP, the person must meet the following residency requirements:

• have been an Australian resident at the time when the person first had a current inability to work (a person's current inability to work arises at the time of the incapacitating accident regardless of the age of the person when this occurred. For persons with severe congenital abnormalities current inability to work occurred at birth), OR
• have 10 years qualifying residence, OR
• have a QRE (i.e. reside in Australian and are either a refugee or a former refugee), OR
• if the person was born outside Australia and was not an Australian resident when the person first had a current inability to work but was a dependent child of an Australian resident and became an Australian resident while the dependent child of an Australian resident.

 

Ten years qualifying residence is satisfied if the person has:

• been an Australian resident for at least 10 years at any point in the past, OR
• been an Australian resident for 2 or more periods that in total exceed 10 years, AND at least one of those periods is of 5 years duration or more.

 

It may also be possible for the person to qualify for DSP under the terms of an international agreement (1.1.A.120). The international agreements are found in the International Agreements Act [SS(IntAgree)Act].

 

Act reference: SSAct section 7 Australian residence definitions, section 7(6) A person has a qualifying residence exemption, section 7(6B) A person is a refugee, section 94(1) Qualification for DSP-continuing inability to work, section 94A(5) A person meets the residency test..., section 95(1) Qualification for DSP-permanent blindness

Policy reference: SS Guide Part 10 Australian Social Security Agreements

 

Qualification under this topic

Section 94A does not prevent people from qualifying for the DSP if, at any other time, they are qualified under section 94.

 

A person will qualify for DSP (under this section 94A) if, at least 2 years following the assessment at which they had a current inability to work at least 15 hours per week and an assessed work capacity of 15 or more hours in 2 years with appropriate training, the person has their capacity reviewed and still has a current inability to work. This does not mean that the person was qualified for DSP at the first assessment. The operation of section 94A does not necessarily mean the person is qualified for DSP under section 94.

 

Transferring to DSP

Where a person qualifies for DSP under this topic, the person is taken to have made a claim for DSP.

 

Act reference: SS(Admin)Act section 12 Deemed claim in certain cases

_______________________________________________________

Last reviewed: 1 July 2009