126.96.36.199 Qualification for DSP - 30 Hour Rule
Topic applies to
This topic applies to people whose start date on DSP is before 11 May 2005.
Qualification for people whose start date on DSP is on or after 1 July 2006 and those whose start date on DSP is between 11 May 2005 and 30 June 2006 is covered separately in 188.8.131.52.
Qualification (1.1.Q.10) criteria
To qualify for DSP, a person must meet the criteria listed in the following table. Where more detail about a criterion is required, the second column indicates where you will find this.
|All of the following|
|Be 16 years old or more, AND||-|
|Satisfy the residence criteria, AND||184.108.40.206 Qualification for DSP - 15 Hour Rule (see heading 'Residence qualification criteria')|
|Be permanently blind (1.1.P.210), OR||220.127.116.11 Assessment of Blindness for DSP|
|Have a physical, intellectual or psychiatric condition resulting in functional impairment (1.1.F.270) of at least 20 points as measured by the Impairment Tables (1.1.I.10), AND||3.6.2 Assessment for DSP|
|Meets any participation requirements that apply to the person if the person meets the criteria for participation requirements.||18.104.22.168 Participation Requirements for DSP Recipients
22.214.171.124 Participation requirement exemptions for DSP recipients
|One of the following|
|Have a CITW (1.1.C.330), OR||3.6.2 Assessment for DSP|
|Are participating in the SWS.||1.1.I.95 Independently of a program of support, 126.96.36.199 DSP Assessment of Continuing Inability to Work - 30 Hour Rule|
|Person not qualified in certain circumstances|
|A person is not qualified for DSP if the person brought about their current inability to work with a view to obtaining DSP.||This impacts people who brought about a CITW solely with a view to obtaining DSP. It does not impact people who brought about a CITW for other purposes.|
Note: When assessing qualification for DSP, the requirement for the person to have an impairment rating of at least 20 points under the Impairment Tables and the requirement for the person to have a CITW, are of equal importance.
Explanation: Some people will have an impairment rating of at least 20 points, but will not be qualified for DSP because they do not have a CITW.
SSAct pre-1 January 2012 Schedule 1B Tables for the assessment of work-related impairment for DSP
SSAct pre-1 July 2006 section 94(1) A person is qualified for DSP…, section 94(2) A person has a continuing inability to work…, section 95 Qualification for DSP-permanent blindness
Policy reference: SS Guide 188.8.131.52 Manifest grants & rejections for DSP, 184.108.40.206 DSP Assessment of Impairment Ratings, 220.127.116.11 DSP Assessment of Continuing Inability to Work - 30 Hour Rule, 18.104.22.168 DSP Assessment of Continuing Inability to Work - 15 Hour Rule, 1.1.R.133 Relevant minimum wage (DSP, MOB, Partial capacity to work & CA)
Working credit balance prevents loss of qualification
A DSP recipient who has a working credit balance and commences employment on a long term basis that means they no longer meet the CITW criterion, is treated as still being qualified for DSP for the period it takes to run down their working credit balance. This allows the recipient to benefit from their working credit balance - providing encouragement to recipients to take up a job.
This treatment will continue until the earliest of:
- their working credit balance is reduced to nil, or
- qualification (other than related to the employment) is lost, or
- payability (other than related to employment income) is lost.
- DSP-permanent blindness recipients can accrue and deplete working credits if their income details are obtained for the purpose of paying RA.
- Australian Disability Enterprise wages are employment income and any available working credits will be used to offset this employment income under the income test.
See 22.214.171.124 for information on the treatment of recipients who commence employment on a long term basis which provides further encouragement to recipients to take up work.
Act reference: SSAct section 1073J Working credit balance prevents loss of qualification in certain cases
Policy reference: SS Guide 126.96.36.199 Working credit depletion
Failure to comply
If a DSP recipient fails to comply with a notice from Centrelink requesting them to do the following, the pension is not payable:
- contact a specified officer of the department, OR
- attend an interview at a specified location, OR
- complete a questionnaire, OR
- attend a medical, psychiatric or psychological examination, OR
- provide a report from a previous examination by a medical practitioner.