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 intended only as a guide to social security payments. 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.P.440 Program of support (DSP)

Definition

The definition of a POS for DSP purposes is contained in SSAct section 94(5). This definition applies when determining whether a person meets the CITW requirements (1.1.C.330) for DSP. Depending on the person's circumstances and which CITW criterion is being assessed, different elements of the definition apply.

Meaning of a POS in determining whether a person can work independently of a POS

For the purpose of determining whether a person meets the CITW requirements of being unable to work independently of a POS and/or being unable to be retrained for work (1.1.I.95) as stipulated in SSAct section 94(2)(a) and (b), POS means a program that:

  • is designed to help people to prepare for, find or maintained work, and either
  • is funded wholly or partly by the Commonwealth, or
  • is similar to a program that is funded wholly or partly by the Commonwealth.

For this particular purpose, the above definition applies to all DSP claims and reviews.

Meaning of a POS in determining whether a person has actively participated in a POS

The following requirements apply to programs that are being assessed for the purpose of determining whether a person meets the CITW requirement of having actively participated in a POS (1.1.A.30) as required by SSAct section 94(2)(aa).

For programs that started before 5 January 2015, POS means a program that:

  • is designed to help people to prepare for, find or maintained work, and either
  • is funded wholly or partly by the Commonwealth, or
  • is similar to a program that is funded wholly or partly by the Commonwealth.

For programs that started on or after 5 January 2015, POS means a program that:

  • is designed to help people to prepare for, find or maintained work, and
  • is funded wholly or partly by the Commonwealth.

Explanation: No program started on or after 5 January 2015 can be considered as a POS for the purpose of determining whether a person has actively participated in a POS, unless the program is wholly or partly funded by the Commonwealth.

Example: Workforce Australia, DES, ParentsNext and the CDP (former RJCP) are considered to be programs of support for DSP purposes.

Act reference: SSAct section 94(2) A person has a continuing inability to work …, section 94(5)-'program of support'

Policy reference: SS Guide 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

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