3.6.2.110 DSP Assessment of Continuing Inability to Work - 30 Hour Rule

Topic applies to

This topic applies to people who were eligible for DSP prior to 11 May 2005 (30 hour rule) and transitional (1.1.T.147) DSP recipients.

Assessment of continuing ability to work for recipients who become eligible to receive DSP after 30 June 2006 and those whose start date on DSP is between 11 May 2005 and 30 June 2006 and reviewed after 30 June 2006 under the 15 hour rule, see 3.6.2.112.

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, an applicant 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 an applicant 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 applicant may be able to sustain full-time employment.

Act reference: SSAct section 94 Qualification for DSP

Policy reference: SS Guide 3.6.1.10 Qualification for DSP - 30 Hour Rule, 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 within the next 2 years because of a disability.

Meaning of 'work'

'Work' means work:

• that is for at least 30 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: People participating in the SWS are considered to have a CITW.

Factors to consider in determining inability to work

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

• physical and intellectual characteristics which would be required to perform the work,
• the applicant'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,
• whether the applicant is fit for ANY work, either skilled or unskilled, without needing preparatory training (1.1.P.360), other than on-the-job training. This may involve consideration of:
  • the applicant's work history,
  • the applicant's level and type of education and training history, and/or
  • work which would be suited to the applicant's work skills.

Factors to disregard in determining inability to work

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

• the availability of the applicant's usual work in the locally accessible labour market (1.1.L.70),
• the applicant'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 applicant's preferences regarding the type of work or training,
• the applicant'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 applicant 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 applicant'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 officers need to identify any recent changes in the applicant's circumstances, which have led them to claim DSP. This may provide useful information about an applicant'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 applicant 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 pensioner concession, income/assets test and higher payment rate.

Potential for education or vocational training (Qualification for DSP-continuing inability to work) if the applicant IS unable to work

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

Policy reference: SS Guide 3.6.1.10 Qualification for DSP - 30 Hour Rule, 3.6.1.12 Qualification for DSP - 15 Hour Rule, 3.6.2.130 DSP Assessment of Ability to Undertake Training - 30 Hour Rule, 3.6.2.140 DSP Claimants Aged 55 Years or More

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Last reviewed: 7 September 2009