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

Overview

This qualification was abolished effective from 3 September 2011; it was previously contained in SSAct section 94A.

Generally, people claiming DSP on or after 3 September 2011 are no longer able to qualify for DSP under this provision. However, under saving provisions, section 94A continues to apply after 3 September 2011 to those people who:

• made a claim for DSP under this section before 3 September 2011 and, immediately before that date, the claim had not been finally determined, or
• were receiving DSP under this section immediately before 3 September 2011.

Act reference: SSAct pre-3 September 2011 section 94A(2) A person has a current inability to work..., section 23(1)-'social security benefit', section 23(1)-'social security entitlement'

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.

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

Act reference: SSAct section 23(5A) Pension age, section 23(5B) A woman born before 1 July 1935 reaches pension age when..., section 23(5C) A woman born within the period specified..., section 23(5D) A woman born during the period specified...

What is appropriate training for the purpose of section 94A?

Appropriate training includes:

• training activities the person undertook during the 2 year period as required under an EPP, or
• other appropriate training activities (if the person was not required to have an EPP) the person undertook during the 2 year period, such as those identified through the JCA,
• 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 prepares a person for work, for example, job search skills programs, basic computer training, or communication skills courses),
  • vocational training (e.g. training for a profession or occupation, for example, a trade certificate),
  • vocational rehabilitation (e.g. counselling, physical rehabilitation programs or return to work programs 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 workplace. 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 for the purpose of section 94A?

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 program 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 pre-3 September 2011 section 94A Qualification for DSP-person transferring to that pension, section 94A(2) A person has a CITW..., section 94A(4) In deciding whether a person has a CITW...

Independently of a program of support for the purpose of section 94A

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

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

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

Act reference: SSAct pre-3 September 2011 section 94A(3) Person is treated as doing work independently of a program of support...

Policy reference: SS Guide 1.1.I.95 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.

Residence qualification criteria under section 94A

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.

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 94A(5) A person meets the residency test...

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Last reviewed: 9 February 2012