1.1.A.30 Active participation in a program of support (POS) (DSP)

Definition

This definition applies to people who make a new claim or are taken to have made a new claim for DSP on or after 3 September 2011, and to reviewed 2008-2011 DSP starters (1.1.R.285) who have had an opportunity to participate in a POS.

Active participation in a POS is part of the CITW criteria for certain people

To satisfy the CITW (1.1.C.330) criteria for DSP, people who claim DSP on or after 3 September 2011 and are assessed as not having a severe impairment (1.1.S.127) or who are the reviewed 2008-2011 DSP starters must, among other things, demonstrate that they have actively participated in a POS (1.1.P.440).

What constitutes active participation in a POS

A person has actively participated in a POS if the person:

• complied with the requirements of the POS, and
• participated in a POS during the relevant period applying to the person

and the following requirements are satisfied:

• the person participated in the POS for at least 18 months during the relevant period applying to the person, or
• where the duration of the POS was less than 18 months, the person completed the entire program during the relevant period applying to the person, or
• where the POS was terminated before the end of the relevant period applying to the person, the POS was terminated because the person was unable, solely because of his or her impairment, to improve their capacity to prepare for, find or maintain work through continued participation in the program, or
• where at the end of the relevant period applying to the person, the person is participating in the POS, the person is prevented, solely because of his or her impairment, from improving their capacity to prepare for, find or maintain work through continued participation in the program, and
• the person provides the (delegate of the) Secretary with information which demonstrates the person's participation in the POS. This includes but is not limited to the details of the designated provider of the program (1.1.D.115), the dates the person participated in the program, the dates the person did not participate in the program and why, the terms and activities of the program specifically designed to address the person's impairment, needs and barriers to employment and to help the person to prepare for, find and/or maintain work

and the POS:

• was provided by a designated provider
• was specifically tailored to address the person's level of impairment, individual needs and barriers to employment
• provided vocational, rehabilitation or employment services with a particular focus on developing skills the person requires to improve the person's capacity to prepare for, find, gain or maintain work (including self-employment), and
• included at least one of the following activities
  • job search
  • job preparation
  • education and training
  • work experience
  • employment
  • return to work
  • vocational or occupational rehabilitation
  • injury management
  • an activity designed to assist the person to prepare for, find or maintain work.

Applicable relevant periods differ depending on people's circumstances

For the person who claims or is taken to have made a DSP claim on or after 3 September 2011 and is assessed as not having a severe impairment, the relevant period mentioned above in this definition means the period of 36 months ending immediately before the day on which the person makes (or is taken to make) the claim.

For the person who is a reviewed 2008-2011 DSP starter who:

• is participating in a POS at the time the person becomes a reviewed 2008-2011 DSP starter, or
• was participating in a POS at any time during 6 months before they become a reviewed 2008-2011 DSP starter

relevant period means the period of 36 months starting on the day the person commenced that POS.

For all other reviewed 2008-2011 DSP starters, relevant period means the period of 36 months starting on the day the person is notified of becoming a reviewed 2008-2011 DSP starter.

Opportunity to participate in a POS

SSAct does not specifically define the meaning of 'having an opportunity to participate' that applies to reviewed 2008-2011 DSP starters as per section 94(2)(aa).

Having an opportunity to participate relates to the relevant periods discussed above.

A DSP recipient who is either participating in a POS when they become a reviewed 2008-2011 DSP starter or was participating within 6 months before they became such, is deemed to have had an opportunity to participate by virtue of the fact they currently are, or recently were, participating in a POS. For this recipient, the opportunity to participate occurred on the day they started that POS.

Any other reviewed 2008-2011 DSP starter is deemed to have had an opportunity to participate by virtue of being notified in writing of becoming a reviewed 2008-2011 DSP starter. For this recipient, the opportunity to participate in a POS occurs on the day they are so notified.

Periods of inactivity do not count as participation in a POS

Any periods during which a person who started a POS does not participate in it for any reason (including when they are exempted on medical or any other grounds, are suspended from the program or are in the period of relief from the program) do not count as participation in a POS.