The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.C.330 Continuing inability to work (CITW) (DSP)

Definition

This definition applies to a person … For the purposes of DSP CITW means a person … Act reference SS Guide reference
who is subject to the 15 hour rule (3.6.1.12) and whose date of claim for DSP is on or after 3 September 2011.

has:

AND

has an inability:

  • to work independently of a POS (1.1.I.95) within the next 2 years because of their impairment, and
  • to undertake a training activity (1.1.T.137) to prepare for such work within the next 2 years because of their impairment, or
  • such an activity is unlikely, because of their impairment/s, to enable the person to work independently of a POS within the next 2 years.

SSAct section 94(2) A person has a CITW …, section 94(3B) A person's impairment is a severe impairment …, section 94(5)-'work'
  • 1.1.W.60 Work (any) (DSP)
  • 3.6.2.112 DSP assessment of continuing inability to work - 15 hour rule

who is subject to the 15 hour rule (3.6.1.12) and whose DSP start date is after 30 June 2006 but before 3 September 2011

EXCEPT

where the person is a reviewed 2008-2011 DSP starter who has had an opportunity to participate in a POS.

has an inability:

  • to work independently of a POS within the next 2 years because of their impairment, and

  • to undertake a training activity to prepare for such work within the next 2 years because of their impairment, or

  • such an activity is unlikely, because of their impairment/s, to enable the person to work independently of a POS within the next 2 years.
 SSAct pre-3 Sept 2011 section 94(2) A person has a CITW …, section 94(5)-'work'
  • 1.1.R.285 Reviewed 2008-2011 DSP starter
  • 1.1.W.60 Work (any) (DSP)
  • 3.6.2.112 DSP assessment of continuing inability to work - 15 hour rule
who is a reviewed 2008-2011 DSP starter who has had an opportunity to participate in a POS.

has:

  • actively participated in POS

AND

has an inability:

  • to work independently of a POS within the next 2 years because of their impairment, and
  • to undertake a training activity to prepare for such work within the next 2 years because of their impairment, or
  • such an activity is unlikely, because of their impairment/s, to enable the person to work independently of a POS within the next 2 years.
 SSAct section 94(2) A person has a CITW …, section 94(5)-'work'
  • 1.1.R.285 Reviewed 2008-2011 DSP starter
  • 1.1.W.60 Work (any) (DSP)
  • 3.6.2.112 DSP assessment of continuing inability to work - 15 hour rule
who is subject to the 30 hour rule (3.6.1.10). because of an impairment has an inability:

  • to work within the next 2 years
  • to undertake educational, vocational or on-the-job training (1.1.E.30) to prepare for work within the next 2 years, or
  • such training is unlikely, because of their impairment/s, to enable the person to work within the next 2 years.
 SSAct pre-1 July 2006 section 94(2) A person has a CITW …, section 94(5)-'work'
  • 1.1.W.60 Work (any) (DSP)
  • 3.6.2.110 DSP assessment of continuing inability to work - 30 hour rule

Last reviewed: