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.

1.1.R.285 Reviewed 2008-2011 DSP starter

Definition

This definition applies to DSP recipients whose impairment and work capacity qualifications for the payment are reviewed and who, as a result of the review, are found to meet all the conditions for reviewed 2008-2011 DSP starters stipulated in SSAct section 94(5).

How a DSP recipient can become a reviewed 2008-2011 DSP starter

Generally, a DSP recipient will become a reviewed 2008-2011 DSP starter as a result of the targeted review (commenced on 1 July 2014) of DSP recipients under age 35 who were granted the payment between 1 January 2008 and 31 December 2011 (6.2.5.03).

However, a DSP recipient can also become a reviewed 2008-2011 DSP starter as a result of any other DSP review that involves reassessment of their impairment and work capacity, such as random sample surveys or medical qualification updates (6.2.5.05) as long as:

  • the review commenced on or after 1 July 2014
  • the recipient under review claimed the DSP before 3 September 2011 and the payment was granted on or after 1 January 2008, and
  • the recipient under review meets all the other conditions for reviewed 2008-2011 DSP starters.

Conditions a person MUST meet to become a reviewed 2008-2011 DSP starter

A person is a reviewed 2008-2011 DSP starter ONLY IF ALL the following conditions are met:

  • the person made or is taken to have made a claim for DSP before 3 September 2011 and was granted the payment on or after 1 January 2008
  • on or after 1 July 2014 the person was given a legal notice in relation to reviewing their DSP qualifications
  • when the review notice was given, the person was under age 35
  • before the review notice was given, the person had an assessed and recorded capacity to work with intervention within 2 years of at least 8 hours per week or there was no record of the person's work capacity, and
  • as a result of the review it is determined that the person
    • does not have a severe impairment (1.1.S.127), and
    • has a capacity to work with intervention within 2 years of at least 8 hours per week, and
  • the person does not have a dependent child under 6 years of age.

Explanation: A DSP recipient cannot become a reviewed 2008-2011 DSP starter if their DSP was granted on or after 3 September 2011. This is because people who claimed the DSP on or after 3 September 2011 were already subject to the POS requirements at claim.

POS requirements for reviewed 2008-2011 DSP starters

Reviewed 2008-2011 DSP starters are subject to the POS requirements (1.1.A.30, 1.1.P.440).

Continuation & subsequent reviews of reviewed 2008-2011 DSP starters

The DSP recipients who become reviewed 2008-2011 DSP starters continue to receive their DSP but are required to undertake and actively participate in a POS for and within a certain period of time.

These recipients will have their DSP qualification reviewed again (subsequent review), generally after 36 months of becoming a reviewed 2008-2011 DSP starter. At this subsequent review, to have a CITW (1.1.C.330), the reviewed 2008-2011 DSP starters will be required to demonstrate, among other things, that they have actively participated in a POS. The result of the review will determine whether these recipients will continue to receive their DSP or have their payment cancelled (3.6.1.100).

Explanation: At the subsequent review, a reviewed 2008-2011 DSP starter will be reviewed against all the CITW requirements, not only POS requirements which are only one part of the overall CITW criteria. Just because they meet the POS requirements at the subsequent review, does not necessarily mean they have a CITW.

Act reference: SSAct section 94(5) Qualification for DSP

Policy reference: SS Guide 3.6.1.12 Qualification for DSP - 15 hour rule, 3.6.1.100 Continuation, variation or termination of DSP, 3.6.2.112 DSP assessment of continuing inability to work - 15 hour rule, 6.2.5.03 DSP - application of DSP qualification rules at review, 6.2.5.05 DSP - Reviews (Service Updates)

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