3.6.2.112 DSP Assessment of Continuing Inability to Work - 15 Hour Rule

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

Topic applies to

This topic applies to people whose start date on DSP is after 30 June 2006 and those whose start date on DSP is between 11 May 2005 and 30 June 2006 and have been reviewed after 30 June 2006 under the 15 hour rule.

For DSP assessment of CITW for recipients whose start date on DSP is prior to 11 May 2005 and transitional (1.1.T.147) DSP recipients, see 3.6.2.110.

Policy reference: SS Guide 3.6.1.12 Qualification for DSP - 15 Hour Rule, 3.6.1.10 Qualification for DSP - 30 Hour Rule

Overview

To qualify for DSP, a claimant must have an impairment rating of at least 20 points under the impairment tables AND have a CITW (1.1.C.330). BOTH ASPECTS ARE OF EQUAL IMPORTANCE.

Explanation: It does not necessarily follow that a claimant who meets the 20 point threshold is incapable of working. It does mean that their medical impairment/s are severe enough to cause significant difficulties in many work situations, but depending on their individual circumstances, coping mechanisms, training, and reasonable adjustments, the claimant may be able to sustain employment for 15 hours or more per week.

Act reference: SSAct section 94 Qualification for DSP-continuing inability to work

Policy reference: SS Guide 3.6.1.12 Qualification for DSP - 15 Hour Rule

Meaning of CITW

For the purposes of DSP, a CITW means an inability to work or be re-skilled for work independently of a programme of support (1.1.I.95) or be trained (1.1.T.137) for such work within the next 2 years because of a disability.

Meaning of 'work'

'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.

Meaning of wages that are at or above the relevant minimum wage

For the meaning please refer to 1.1.R.133.

Note: While people participate in the SWS, they do not have to prove a CITW as they are considered to have a CITW.

Meaning of training

For the meaning please refer to 1.1.T.137.

For the purposes of DSP in this topic training includes:

• education,
• pre-vocational training,
• vocational training,
• vocational rehabilitation,
• work related training (including on-the-job training).

Training includes activities designed for people with disabilities.

Act reference: SSAct section 94(5) Training Activity

Policy reference: SS Guide 3.6.2.110 DSP Assessment of Continuing Inability to Work - 30 Hour Rule, 3.6.2.132 DSP Assessment of Ability to Undertake Training - 15 Hour Rule

Meaning of 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 any 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,
• likely to need a programme of support, but only occasionally, or
• likely to need a programme of support but the provision of the programme 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) ...is funded (wholly or partly) by the Commonwealth...

The following examples explain when a person is treated as working independently of a programme of support:

Unlikely to need a programme of support

• Matt has reduced exercise tolerance following heart bypass surgery. He lodges a claim for DSP. Matt is not permanently blind, so his qualification is determined under section 94 of the Social Security Act 1991. Matt attends a JCA to have his qualification for DSP assessed and is found to be currently able to do light work, such as clerical work, for 15 or more hours per week where wages are at or above the relevant minimum wage. The assessor determines that Matt is unlikely to need a programme of support to do the clerical work and is referred to the Job Network. Matt will not qualify for DSP.

No ongoing support required

• Miriam has depression. She lodges a claim for DSP. Miriam attends a JCA and is assessed as currently being able to work less than 15 hours per week where wages are at or above the relevant minimum wage. However, with the provision of a vocational rehabilitation programme, that includes vocational counselling, vocational training and a work placement, the assessor determines that, within 2 years, Miriam would be able to work 15 or more hours a week without ongoing assistance. As Miriam will be able to work independently of a programme of support she will not qualify for DSP.

Occasional support required

• Brendan has an acquired brain injury. He lodges a claim for DSP and attends a JCA to determine his work capacity and qualification for DSP. At the assessment, Brendan is assessed as currently being able to work less than 15 hours per week where wages are at or above the relevant minimum wage, but with the provision of a DEN service to help him prepare for and find employment and provide him with support to maintain that employment, within 2 years he will be able to work more than 15 hours per week where wages are at or above the relevant minimum wage and will no longer need that support. Even though Brendan will be exited from the DEN, following his 2 year programme, Brendan's employment consultant can claim an intermittent support fee if he thinks Brendan may require assistance (e.g. 2-3 hours to develop new job skills) at some time over the next 12 months. As Brendan will only need occasional support, he will not qualify for DSP.

The following example explains when a person is not working independent of a programme of support:

Ongoing support

• Sue has a mild intellectual disability. At her JCA, it is determined that Sue is currently able to work less than 15 hours per week where wages are at or above the relevant minimum wage. With the provision of a DEN service to help her prepare for and find employment, and to provide her with assistance to maintain that employment, Sue could work 15 or more hours per week where wages are at or above the relevant minimum wage but not within 2 years. In order to work more than 15 hours per week where wages are at or above the relevant minimum wage, Sue will require regular assistance by her DEN provider in the workplace. This will include support through changes in the workplace, and for more than 2 years, support to reinforce previous tasks learned and to learn new tasks. As Sue required ongoing assistance, she cannot do the work independently of a programme of support and will qualify for DSP.

Factors to consider in determining inability to work

The factors to be considered when determining whether the person has a CITW are:

• physical and intellectual characteristics which would be required to perform the work,
• the person's ability to demonstrate those characteristics, BOTH at present and in the future,
• the ability to:
  • regularly report to work,
  • persist at work tasks,
  • understand and follow work instructions,
  • communicate with others in the workplace,
  • travel to/from work, and move around at work,
  • manipulate objects at work,
  • exhibit appropriate work behaviour,
  • undertake a variety of tasks and to alternate between tasks,
  • lift, carry and move objects at work,
• whether attendance at medical appointments/treatments interferes with their ability to work,
• consider whether training activities, including education, pre-vocational training, vocational training, vocational rehabilitation, work related training (including on-the-job training), whether or not designed specifically for people with disabilities, could assist the person to build his or her capacity for any work in the next 2 years.
• consider whether the person can work where wages are at or above the relevant minimum wage independently of a programme of support.

Example: If a person can work at least 15 hours per week where wages are at or above the relevant minimum wage within the next 2 years, but can only do the work if provided with ongoing support, that is DEN services for more than 2 years, then the person will have a CITW.

Factors to disregard in determining inability to work

The following factors are NOT to be considered in the assessment:

• the availability of the person's usual work in the locally accessible labour market (1.1.L.70),
• the availability to the person of a training activity that would assist in skilling the person to work,
• the person's motivation to work or train, EXCEPT when medical evidence indicates that the lack of motivation is directly attributable to the impairment,
  • Example: Psychiatric disability.
• the person's preferences regarding the type of work or training,
• the person's potential attractiveness to an employer in a particular area of work, OR
• employer preferences and discriminatory practices that exist in the open labour market.

Literacy, numeracy & language

If the person has difficulty with literacy, numeracy or language and these difficulties are not directly attributable to their medical condition, this CANNOT be considered to contribute to the person's inability to do work or training.

The delegate must consider the impact of the medical condition on their potential to undertake training which would assist in acquiring such skills. Other non-medical influences, which prevent these skills from being acquired should not be taken into account.

Other reasons for claim

Centrelink service advisers need to identify any recent changes in the person's circumstances, which have led them to claim DSP. This may provide useful information about a person's CITW. It is important to identify any non-medical reasons for the person's decision to claim DSP as these may indicate that the person does not have a CITW.

Example: The following are examples of non-medical reasons that may be the impetus for a new DSP claim:

• failure to qualify or ceasing to qualify for an alternative form of income support,
• not wanting to comply with activity tests on other payments,
• change in family circumstances such as separation or youngest child turning 16,
• recent retrenchment or voluntary redundancy,
• early retirement, and
• desire to take advantage of the more generous income/assets test and higher payment rate.

Potential for education or vocational training (section 94(5) Qualification for DSP-continuing inability to work) if the person IS unable to work

If the Centrelink service adviser determines that the person is unable to do their usual work or work for which they are currently skilled due to their impairment, the likelihood of educational, pre-vocational training, vocational training, or work related training (including on-the-job training) enabling the person to work MUST be considered when assessing CITW. This training is detailed in the linked policy reference below.

Act reference: SSAct section 94(2) Meaning of continuing inability, section 94(3) In deciding whether or not a person has a continuing inability to work because of an impairment, section 94(5) Training activity

Policy reference: SS Guide 3.6.1.10 Qualification for DSP - 30 Hour Rule, 3.6.2.130 DSP Assessment of Ability to Undertake Educational/Vocational Training - 30 Hour Rule, 3.6.2.140 DSP Claimants Aged 55 Years or More

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Last reviewed: 19 September 2008