3.6.1.67 Sustainability of work & DSP
Topic applies to
This topic applies to people who are subject to either the 15 hour work capacity rule or the 30 hour work capacity rule for DSP qualification.
Policy reference: SS Guide 3.6.1.12 Qualification for DSP - 15 hour rule, 3.6.1.10 Qualification for DSP - 30 hour rule
Overview
Capacity to work for 15 hours or more per week means the ability to reliably perform work of 15 hours or more per week for a period of 26 weeks without excessive leave or work absences.
Similarly, capacity to work for 30 hours or more per week means the ability to reliably perform work of 30 hours or more per week for a period of 26 weeks without excessive leave or work absences.
Explanation: Approximately 2 weeks sick leave in relation to a person's condition in a 26 week period is considered to be reasonable leave.
Explanation: Sick leave of a month or more in relation to a person's condition in 26 weeks is more than what is considered reasonable.
Increase to allowable hours of work for DSP recipients
From 1 July 2012 DSP recipients continue to receive DSP if they obtain paid work of at least 15 and less than 30 hours a week.
Act reference: SSAct section 96 Continuation of DSP
Policy reference: SS Guide 3.6.1.100 Continuation, variation or termination of DSP
Episodic, fluctuating, or intermittent conditions
In cases where a person's medical condition is variable, their ability to reliably perform work of 15 hours (or 30 hours, if subject to this rule) or more per week for a period of 26 weeks without excessive leave or work absences will be considered.
The following explanations and examples are given in relation to people subject to the 15 hour rule. The following also applies to people subject to the 30 hour rule.
Explanation: A person with a stable medical condition characterised by infrequent or brief episodes who is able to work 15 hours (30 hours) or more per week for a period of 26 weeks would be ineligible for DSP, but may qualify for JSP or another appropriate payment.
Example: Rob has an anxiety disorder which is asymptomatic for long periods between discrete episodes of impaired functioning. Over a 26 week period, Rob's condition will prevent them from attending work for around 2 weeks. Rob can work 15 hours (30 hours) a week for a period of 26 weeks and is not eligible for DSP.
Explanation: A person with a medical condition characterised by severe and frequent episodes who is unable to work 15 hours (30 hours) per week for a period of 26 weeks without significant work absences may be eligible for DSP.
Example: Jacqui has a psychiatric condition and the resulting impairment will more likely than not persist for more than 2 years. Despite undergoing all reasonable treatment for their condition, Jacqui still experiences frequent psychotic episodes. Consideration of work capacity takes into account these fluctuations. Over a 26 week period, Jacqui takes an average of 6 weeks leave because of these episodes. They are unable to work 15 hours (30 hours) a week without requiring excessive leave or work absences for the purpose of DSP.