18.104.22.168 Payability of DSP
Even though a person may be qualified, DSP is NOT payable to the person in the circumstances listed in the following table.
|The claimant is already receiving a pension or income support supplement from DVA.||This topic.|
|DSP may not be payable to a recipient travelling overseas.||22.214.171.124 Application of portability rules (portability table)|
|Allowance is not payable before the start day.||8.3 Start Days|
|The rate of allowance would be nil.||3.1.6 General payability provisions|
|The claimant has not:
||8.1.3 Provision of TFN & Other Information|
|The claimant has not taken reasonable steps to obtain compensation.||126.96.36.199 Requirement to Pursue & Obtain Compensation|
|The claimant is serving a compensation preclusion period.||188.8.131.52 Lump Sum Preclusion Period - General.|
|The claimant is in prison or psychiatric confinement because of a criminal charge.||3.1.4 Imprisonment, Psychiatric Confinement & Prison Release|
|The claimant is serving an SWPP.||3.1.7 Seasonal Work Preclusion Period|
|The claimant is serving an IMP.||184.108.40.206 Income Maintenance Period|
Act reference: SSAct section 16A(1)-'seasonal work preclusion period'
SS(Admin)Act section 63 Requirement to attend Department etc., Schedule 2 Rules for working out start day
Policy reference: SS Guide 220.127.116.11 DSP - current rates
Employment income nil rate period - an incentive to take up work
A DSP recipient whose rate of payment is reduced to nil because of ordinary income (1.1.O.30), made up entirely or partly of employment income (1.1.E.102), may qualify for an employment income nil rate period. During the employment income nil rate period a DSP recipient can:
- be paid certain supplementary benefits, and
- have their payment resumed if they report a fall in income sufficient for DSP to be payable again.
Explanation: This policy provides incentives for recipients to take up work, particularly casual or short term work.
- DSP recipients who are permanently blind may choose to be subject to the income and assets tests if they wish to qualify for RA. These recipients can accrue and deplete working credits for the purpose of calculating their rate of pension.
- The employment income nil rate period does not apply to people who no longer qualify for DSP, or whose DSP has been suspended because they have paid work of 30 hours per week or more on a long term basis.
- DSP recipients retain their PCC for 52 weeks from the start of the employment income nil rate period.
Act reference: SSAct section 23(4A) Despite subsection (4)…, section 23(4AA) For the purposes of subsection (4A)…
Receiving a pension or income support supplement from DVA
DSP is not payable to a claimant who is receiving a DVA:
- pension under VEA Part II or IV, OR
- income support supplement under VEA Part IIIA, or would be eligible for the supplement if they claimed.
Act reference: SSAct section 103(3) Multiple entitlement exclusion