The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

3.6.3.05 Guidelines to the rules for applying the Impairment Tables - use of aids, equipment & assistive technology

Summary

This topic provides guidance on Part 2 of the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2023 (the Determination), which sets out rules that are to be complied with in applying the Impairment Tables. This topic has headings emphasising significant principles and concepts relating to the use of aids, equipment and assistive technology when applying the Impairment Tables to assess a person’s functional impairment, which underpin provisions contained in that part of the Determination. It also provides guidance on the concepts and practical application of the DSP eligibility criteria contained in the SSAct.

This topic does not restate the definitions contained in Part 1 of the Determination. These definitions are to be accessed directly from the Determination.

Act reference: Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2023 Part 1 - Preliminary, Part 2 - Rules for applying the Impairment Tables

Use of aids, equipment & assistive technology

The Impairment Tables require a person's impairment to be assessed when they are using or wearing any aids, equipment or assistive technology they have (in their possession) and use, or can reasonably access.

In cases where a person may need a certain aid, equipment or assistive technology but states they are unable to access it, do not have it or do not usually use it, this should be considered in line with reasonable treatment as defined in Part 2 of the Determination.

Some Impairment Tables specify a particular impairment rating when particular aids, equipment or assistive technology are used.

Example: A person's impairment attracts 20 points under Impairment Table 8 - Communication Function, where the person uses an electronic communication device (which produces electronic speech), needs to use this technology to communicate with others in places, such as shops, workplace, education or training facilities and cannot be understood without this device.

Where the descriptors in some Tables (for example, Tables 1, 3 and 4) refer to moving around in or using a wheelchair, and transferring to and from a wheelchair, this includes both manually-propelled wheelchairs and powered mobility aids (such as, power assist wheelchair, power wheelchair or mobility scooter).

Note: When assessing a person under Table 1, of relevance is the description of the activity involved. The objective is to measure a person’s level of ability having regard to the severity of a person's symptoms (for example, shortness of breath, fatigue or chronic pain) when performing certain tasks requiring physical exertion or stamina and consideration should be given to the type of mobility aid used.

Where descriptors in some Tables (for example, Table 1 and Table 3) refer to 'public transport', this means any mode of transport that runs to a timetable, such as buses, trains, trams and ferries (it excludes taxis, rideshare or hire cars). A person who is able to use any one of these modes of transport, having regard only to the level of impairment to their lower limbs, is considered able to use public transport, even if they are precluded from using the other modes of public transport. When assessing a person's ability to use public transport, it is irrelevant whether the person actually uses public transport and whether public transport is available in the person's location.

Similarly, where a specific Table refers to activities, such as walking around a shopping mall, shopping centre or supermarket, it is irrelevant whether these types of businesses, buildings or structures actually exist in a person's locality. The objective is to measure a person's ability or inability to mobilise in these circumstances or settings.

Explanation: The AAT (General Division) applied this approach in its decision in Wilson and Secretary, DSS (2015) AATA 497.

Act Reference: Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2023 Part 2 - Rules for applying the Impairment Tables, section 11 Use of aids, equipment and assistive technology, Table 1 - Functions requiring Physical Exertion and Stamina, Table 3 - Lower Limb Function, Table 4 - Spinal Function, Table 8 - Communication Function

Policy Reference: SS Guide 3.6.3.02 Guidelines to the rules for applying the Impairment Tables - applying the Tables, 3.6.3.10 Guidelines to Table 1 - Functions requiring Physical Exertion and Stamina, 3.6.3.30 Guidelines to Table 3 - Lower Limb Function, 3.6.3.40 Guidelines to Table 4 - Spinal Function, 3.6.3.80 Guidelines to Table 8 - Communication Function

Use of the term 'assistance' within the Impairment Tables

The term assistance is used in numerous descriptors within various Impairment Tables. The term assistance is defined in the instrument as assistance from another person, rather than any aids, equipment or assistive technology the person may use, unless specified otherwise.

Explanation: This interpretation of the term assistance has been consistently adopted in a number of decisions, including by the Federal Court in Secretary, Department of Social Services v Doherty (2022) FCA 1242.

Example: Table 1 - Functions requiring Physical Exertion and Stamina uses the term assistance in the 20-point and 30-point descriptors. To meet these descriptors a person would require assistance from another person to undertake the activities listed in the descriptors, even while using a wheelchair or other mobility device they have and usually use.

Example: Table 2 - Upper Limb Function uses the term assistance in the 20-point descriptor at (1)(d) 'the person has severe difficulty turning the pages of a book without assistance'. To meet this point, a person would have severe difficulty turning the pages of a book without assistance from another person, even with any assistive technology they have and usually use.

Note: The person may not read or have access to books, in which case, an alternative example may be an inability to use the touchscreen of an electronic device, such as a mobile phone, tablet or e-book reader (for example, a Kindle) without assistance.

Act reference: Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2023 section 11 Use of aids, equipment and assistive technology, Table 1 - Functions requiring Physical Exertion and Stamina, Table 2 - Upper Limb Function

Policy Reference: SS Guide 3.6.3.10 Guidelines to Table 1 - Functions requiring Physical Exertion and Stamina, 3.6.3.20 Guidelines to Table 2 - Upper Limb Function

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