DSP – the Brave New World

“You shall know the truth and the truth shall make you mad.” Aldous Huxley Brave New World

Before we startDisclaimer(s)Sarcasm/humour warningQuestions/queriesPresentation styleClip Art

Social Security Rights Victoria Inc.

• Previously The Welfare Rights Unit Inc • Founded in 1987 (Changed name 2009) • Specialist CLC • Independent social security advice• Not funded nor linked with Centrelink• Fed (95%) State 5% funding

• Major role – independent telephone advice & casework

• Statewide except Geelong• Law reform• Community Ed• 9481 0355• 9481 0299 Admin• 1800 094 164 (outside Melb & Geelong) info@ssrv.org.au www.ssrv.org.au

(The) things we do (for love?)* Telephone advice LettersAppealsSSAT

*actually it’s for money, just not much

• Disability Support Pension

• Hurdle 1:Diagnosed, Treated &Stabilised condition

• Hurdle 2:20 points of impairment

• Hurdle 3: Continuing inability to work - ’15 hour test’ (30 pre 10/5/05)

• Hurdle 4: Program of Support• Traffic controller

Disability Support Pension – Hurdle 1

1. What is the impairment• See the impairment tables

2. “Diagnosed Treated & Stabilised”• “Treated and Stabilised” defined in Impairment Tables (2

years rule)• Determined by treating doctors report and

Centrelink Job Capacity Assessor

DSP Hurdle - 2

• Impairment rating = At least 20 points

• If 20 points under one table = “severe” impairment

• If at least 20 points across more than one table (e.g 10 points each) also need to “clear” Hurdle 4 – “Program of Support”

DSP Hurdle -3• A ‘continuing inability to work’ – less

than 15 hours per week • Knocks most folk out

Hurdle 4: ‘Active participation in a program of support’ (POS) (1)

• A requirement if you don’t have 20 points under ‘one’ table (i.e. over two or more)

• Effectively 18 months (out of the last 3 years) usually on NewStart and in a Disability Employment Service program

Disability Support Pension – Hurdle 4

POS (2)

• Read our recent ‘Red Tape’ to find out all about it!

• Eighteen months in job search or related activities (training etc)

• Periods of exemption (due to illness) do not count!

• Some significant issues with treatment of the such periods. The legislation indicates that Work Cover treatment etc does count

POS (3)

Major issues • Being exited from

programs because ‘you can’t be helped’

• DES’ Refusal to assist persons

• The value of POS for people with multiple impairments – in SSRV’s experience a “technical hurdle” rather than having therapeutic benefit

1.1.P.440 Program of support (DSP)DefinitionPlease refer to the definition of this term in the SSAct.Explanation: A program of support is a program that:is designed to assist a person to prepare for, find or maintain work, and is funded (wholly or partly) by the Commonwealth, or is similar to a program designed to assist a person to prepare for, find or maintain work and that is funded (wholly or partly) by the Commonwealth. Act reference: SSAct section 94(5) Qualification for DSP

So what does this mean?A program of support must be designed to assist a person to either 1. Prepare for work2. Find work3. Maintain work

It must either be:4. Wholly of partly funded by the Commonwealth, or 5. Of a type that the Secretary considers is similar to a program

that is funded by the Commonwealth government that is designed to assist people in the way set out above

(Courtesy of Victoria Legal Aid)

Example:

Tony works for an NGO and is in his late 50’s. On average he can work up to 13 hours a fortnight, ie one or two hours a day. Tony has been unwell for a while, experiencing fatigue and pain when doing every day tasks. His employer adjusts and manages his work according to the level of pain Tony can cope with.

Tony has applied for the DSP, will he qualify?

Some resourceswww.ssrv.org.au ISSH hard copy & onlinewww.welfarerights.org.auSocial Security Reporter

www.ssr.org.auGuide to Commonwealth

government paymentsRights ReviewRed tapeSSRV Network : just email

us @ info@ssrv.org.au