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.

3.4.6.10 Qualification for SpNP

Note: SpNP is closed to new claimants, with no new grants possible after 20 September 2000. Information about claims for SpNP is retained below for historical purposes. Current SpNP recipients remain eligible to receive this payment until they are disqualified from receiving it. All current recipients are receiving SpNP DSP.

Summary

Qualification for SpNP Age, WP and WidB generally mirrored qualification for the main payment for which a person would have qualified had they not been absent from Australia since 7 May 1973, the date portability provisions (1.1.P.310) were introduced. There are no longer any recipients for these SpNP payments.

The qualification criteria for SpNP DSP are different to DSP .

The key issue for a decision maker is to determine whether the person is in special need of financial assistance. In determining this, each case is to be decided on its own merits, after consideration of the person's age, medical condition and general circumstances.

Act reference: SSAct section 7(2) An Australian resident is a person who …

Qualification criteria: SpNP DSP

To qualify for SpNP, a person must meet all of the criteria listed in the relevant part of the following table. If more detail about a criterion is required, the second column indicates where you will find this.

Criterion More detail
Have not resided in Australia at any time since 7 May 1973 -
be severely disabled (1.1.S.110) This topic
have turned 16 years of age, and -
have been in Australia or temporarily absent from Australia at the time when the severe disability first started, and -
be in special need of financial assistance. This topic

Note: SpNP DSP has not been available to new applicants since 20 September 2000.

Act reference: SSAct section 23(4B) For the purposes of this Act, a person is severely disabled if …, section 773 Qualification for special needs DSP

Special need for financial assistance

A person can be considered to be in special need of financial assistance if they have difficulty in maintaining a basic standard of living. This would generally mean that the person:

  • has an income below 25% of the average weekly earnings in the country where they live, and
  • does not have substantial assets in a readily realisable form that could reasonably be used.

Explanation: Information on average weekly earnings for a particular country may be obtained from:

  • up-to-date copies of publications such as the International Labour Organisation's Yearbook of Labour Statistics
  • Worldwide Benefit and Employment Guidelines published by Mercer International
  • that country's consulates, offices or embassy, or
  • Australian embassies or posts in the person's country of residence, particularly if they are assisting with the investigation of the person's circumstances.

Policy reference: SS Guide 3.4.6.30 Financial assessment for SpNP

Severely disabled

A person can only qualify for SpNP DSP if they are severely disabled, although people granted SpNP before 12 November 1991 were not subject to this provision. If a medical review was conducted on or after 12 November 1991, the recipient had to be severely disabled to remain qualified.

Act reference: SSAct section 23(4B) For the purposes of this Act, a person is severely disabled if …

Policy reference: SS Guide 1.1.S.110 Severely disabled (DSP)

SpNP in Australia

Most claims were received from people living outside Australia.

However, in some cases a person claiming SpNP may have been temporarily in Australia but not eligible for a normal pension under the residence requirements. In these cases, SpNP could be approved if the person met the qualifications but for their temporary presence in Australia.

Comparable foreign payment (1.1.C.230)

If people claimed SpNP while they or their partners would be entitled to a CFP, they may have been required to take reasonable action to obtain the foreign payment. If they failed to take reasonable action to obtain the CFP within the specified period, their claim could have been rejected.

Act reference: SS(Admin)Act section 40 Rejection of claim for failure to obtain foreign payment, section 66 Notice to obtain foreign payment

Policy reference: SS Guide 7.3.3 CFP notices & reasonable action requirements

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