126.96.36.199 Qualification for DSP during Study or Training - 30 Hour Rule
Topic applies to
This topic applies to people who are subject to the 30 hour rule for DSP qualification.
For people who are subject to the 15 hour rule, refer to 188.8.131.52.
To have a CITW a DSP recipient undertaking study must:
- be prevented, because of their impairment/s, from doing any work (1.1.W.60) in open employment (1.1.O.10) within the next 2 years, and
- be unlikely, because of their impairment/s, to be able to work within the next 2 years as a result of undertaking educational, vocational or on-the-job training (1.1.E.30).
Factors to consider
The following factors will be considered in determining whether a DSP recipient undertaking study still has a CITW:
- how the person's course activities compare with activities generally required to work in open employment,
- the person's study-load (including the number of contact hours to attend lectures, practicals and tutorials and the number of hours of private study),
- whether the course is designed specifically for people with a physical, intellectual or psychiatric impairment,
- whether any modification to the course which has been made solely to accommodate the person's disability, and
- whether the person could participate in alternative training activities if their current course of study is unlikely to enable them to work within the next 2 years.
Studying 30 hours or more per week
A DSP recipient participating in mainstream, unmodified study for 30 hours or more per week is unlikely to have a CITW. This is because the activities required for mainstream study are generally equivalent to those required to work in open employment.
Studying less than 30 hours per week
A DSP recipient undertaking part-time study of less than 30 hours per week may continue to qualify for DSP if they are unable, solely because of their impairment/s, to undertake activities generally required for open employment of 30 hours or more per week within the next 2 years.
Explanation: A DSP recipient is undertaking a part-time course because they are unable to undertake a full-time course due to their impairment/s. This person is unlikely to be able to undertake work in open employment for 30 hours or more per week.
Participation requirements from 01/07/2012
From 1 July 2012 certain DSP recipients under age 35 will be subject to participation requirements as part of qualification for DSP.
Participation requirements from 01/07/2014
From 1 July 2014 all DSP recipients under age 35 who are subject to participation requirements are required to have at least one compulsory work focused activity included in their participation plan.
Young people up to age 22 are required to include a compulsory education or employment activity in their plan, and DSP recipients with a mental illness are required to include a treatment, rehabilitation, reconnection with work or social skills activity in their plan.
The compulsory activities will vary depending on the individual's circumstances. They may include:
- connection with an employment service provider,
- Work for the Dole,
- work experience,
- an education or training activity for people under age 22, or
- a rehabilitation or treatment activity, or reconnection to work activity for people with mental illness.
For DSP recipients engaged in work, it is a requirement to attend ongoing interviews on an annual basis, until the person no longer meets the criteria for participation requirements.
Act reference: SSAct section 94A Participation requirements, section 94B Participation plans
Policy reference: SS Guide 184.108.40.206 Participation Requirements for DSP Recipients
Training designed specifically for people with physical, intellectual or psychiatric impairments
Training programs that have been designed specifically for people with physical, intellectual or psychiatric impairments are not educational or vocational training for the purposes of SSAct section 94(2)(b) before its amendment on 1 July 2006. DSP recipients who are undergoing this type of training may still be considered to have a CITW.
Modification of mainstream training courses
Mainstream training courses are courses that are not specifically designed for or restricted to people with disabilities.
Mainstream training courses that accommodate people with disabilities through the provision of aids such as tape recorders, monitors or other equipment or environmental modifications, or make concessions such as allowing unscheduled breaks or allowing the course to be completed at each participant's own pace are considered to be training for the purposes of SSAct section 94(2)(b) before its amendment on 1 July 2006.
Act reference: SSAct pre-1 July 2006 section 94(2)(b) Continuing inability to work, section 94(5) Educational or vocational training does not include…