188.8.131.52 JSP provisional - payment to DSP claimants
Qualification for JSP provisional
If a person makes a claim for DSP they can be paid JSP while their claim for DSP is being determined. This payment of JSP pending DSP is referred to as JSP provisional.
The qualifications for JSP provisional are essentially the same as for activity tested JSP with the following additions:
- the person must have an outstanding claim for DSP, AND
- they must meet the following residential requirements
- they must have been an Australian resident at the time the injury or illness occurred, OR
- they must have had 10 years qualifying Australian residence, or a QRE for JSP, OR
- they were born outside Australia, and when the illness or injury first occurred, they were the dependent of an Australian resident, and later they became an Australian resident themselves while still the dependent child of an Australian resident.
Act reference: SSAct section 7(2) An Australian resident is …, section 593(1B) Qualification for JSP, section 593(1C) Qualification for JSP
Policy reference: SS Guide 3.2.1.05 Qualification for JSP
Exemption from activity test (1.1.M.160)
A person who qualifies for JSP provisional is exempted from the activity test pending the outcome of their claim for DSP.
Outcome of DSP claim
The range of possible outcomes arising from a DSP claim being made by a JSP recipient are summarised in the following table.
|If the DSP claim is …||then JSP provisional ceases and …|
|granted||is replaced by DSP.|
|rejected on the grounds that the person does not have a 20 point impairment rating and/or a CITW||a further claim for JSP is not required, but the person must now satisfy the activity test.|
|rejected because the incapacity is temporary||if the person cannot work 8 hours or more per week JSP (incapacitated) can replace the DSP claim and the rules for backdating claims would apply.|
JSP provisional cannot be backdated to any date before the DSP claim was lodged. However, if JSP incapacitated is granted instead, backdating provisions MAY apply and arrears MAY be payable.