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Since 2006, the DSP qualification criteria have undergone a number of changes, therefore different criteria will apply at review to DSP recipients. This topic explains which DSP qualification criteria apply at review, dependent on the DSP recipient's start date.
Act reference: SSAct pre-1 July 2006 section 94(2) A person has a continuing inability to work...
SSAct pre-3 September 2011 section 94(2) A person has a continuing inability to work...
SSAct section 94(2) A person has a continuing inability to work...
Policy reference: SS Guide 3.6.1.10 Qualification for DSP - 30 Hour Rule, 3.6.1.12 Qualification for DSP - 15 Hour Rule
The revised Tables for the Assessment of Work-related Impairment for Disability Support Pension (Impairment Tables) apply to people issued an assessment notice to participate in a medical review on or after 1 January 2012. People issued an assessment notice to participate in a medical review prior to 1 January 2012 have their eligibility for DSP assessed using the pre-1 January 2012 Impairment Tables.
Act reference: SSAct pre-1 January 2012 Schedule 1B Tables for the assessment of work-related impairment for DSP
Policy reference: SS Guide 3.6.3 Guide to the Tables for the Assessment of Work-related Impairment for DSP
From 3 September 2011, to qualify for DSP, new claimants must meet the new elements of the criteria for CITW DSP (1.1.C.330). However, these requirements do not apply at service update reviews, notwithstanding whether the date of claim or grant was before, on or after 3 September 2011.
DSP recipients whose payment start date is on or after 3 September 2011 will be reviewed under the DSP qualification criteria in force on 2 September 2011. These requirements also do not apply to appeals against a decision to cancel DSP following a review.
Example: John claimed DSP on 7 September 2011 and was subsequently granted on 3 October 2011 - he was assessed as having a severe impairment. On 6 December 2012 he is selected for a medical service update. His impairment is assessed at review as 20 points, with 10 points each from 2 different Impairment Tables. The delegate determines John's DSP qualification against the pre-3 September 2011 rules, despite the fact that he was originally granted DSP post-3 September 2011.
Act reference: SSAct section 94(3A) If a person is receiving DSP and the Secretary gives the person a notice under subsection 63(2)...
SS(Admin)Act section 12 Deemed claim in certain cases, section 13 Deemed claim-person contacting Department about a claim for a social security payment, section 15 Deemed claim-incorrect or inappropriate claims, Schedule 2 clause 4 Start date-early claim, section 63 Requirement to attend Department etc.
Review of DSP qualification is to be determined against the qualification provisions in force between 1 July 2006 and 2 September 2011, including the 15 hours work test.
Example: Larry was granted DSP on 21 August 2006 and has been on DSP since then. In October 2011, Larry is selected for service update review. The delegate will determine his qualification for DSP against the qualification rules applying before 3 September 2011.
Act reference: SSAct pre-3 September 2011 section 94(2) A person has a continuing inability to work...
SSAct section 94(3A) If a person is receiving DSP and the Secretary gives the person a notice under subsection 63(2)...
SS(Admin)Act section 63 Requirement to attend Department etc.
These people originally qualified for DSP under the 30 hour work capacity rule. This group is known as transitional recipients.
These people were to be reviewed within 2 years of the date of grant (unless selected earlier under service update after 1 July 2006) under the post 1 July 2006 rules, including the 15 hour work capacity rule.
Example: Jane was granted DSP on 25 May 2006 against the old DSP qualification rules, including the 30 hours. In May 2007, when Jane is scheduled for a service update review, the delegate assesses Jane against the new qualification rules, including the 15 hours.
Act reference: SSAct section 94 Qualification for DSP
SS(Admin)Act section 63 Requirement to attend Department etc.
Policy reference: SS Guide 3.6.1.12 Qualification for DSP - 15 Hour Rule
A person with a DSP start date on or before 10 May 2005 qualifies and continues to be reviewed against the old (including 30 hours) qualification rules for DSP.
Example: Billy is granted DSP in March 2004. Billy is selected for a service update review in August 2006. Billy's qualification for DSP is reviewed against the old (including 30 hours) qualification rule.
Act reference: SSAct pre-1 July 2006 section 94 Qualification for DSP
SS(Admin)Act section 63 Requirement to attend Department etc.
Policy reference: SS Guide 3.6.1.10 Qualification for DSP - 30 Hour Rule
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Last reviewed: 3 January 2012
