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.

3.6.1.42 Qualification for DSP during study or training - 15 hour rule

Topic applies to

This topic applies to people who are subject to the 15 hour rule for DSP qualification.

For people who are subject to the 30 hour rule, refer to 3.6.1.40.

Policy reference: SS Guide 3.6.1.10 Qualification for DSP - 30 hour rule, 3.6.1.12 Qualification for DSP - 15 hour rule

Overview

People who are studying or training may still qualify for DSP if they have an impairment rating of at least 20 points under the Impairment Tables (1.1.I.10) and a CITW (1.1.C.330).

To have a CITW a student must:

  • be prevented, because of their impairment/s, from doing any work (1.1.W.60) independently of a program of support (1.1.I.95) within the next 2 years, and
  • be unlikely, because of their impairment/s, to be able to work within the next 2 years as a result of undertaking a training activity (1.1.T.137).

Factors to consider

The following factors will be considered in determining whether a student has a CITW:

  • how the person's course activities compare with activities generally required to undertake work of 15 hours or more per week
  • the person's study-load (including the number of contact hours to attend lectures, practicals and tutorials and the number of hours of private study), and
  • whether the person could participate in alternative training activities if their current course of study is unlikely to enable them to work within the next 2 years.

Studying 15 hours or more per week

A student participating in mainstream, unmodified study for 15 hours or more per week is unlikely to have a CITW. This is because the activities required for study are generally equivalent to those required to undertake work.

Studying less than 15 hours per week

A person undertaking part-time study of less than 15 hours per week may have a CITW if they are unable, solely because of their impairment/s, to undertake activities required to work 15 hours or more per week within the next 2 years.

Explanation: A person who is undertaking a part-time course because they are unable to undertake a full-time course due to their impairment/s is unlikely to be able to undertake work of 15 hours or more per week.

Training designed specifically for people with physical, intellectual or psychiatric impairments

Participation in training specifically designed for people with physical, intellectual or psychiatric impairments is not necessarily an indication that a student has a CITW. A person participating in such training may have a CITW if they are unable, solely because of their impairment/s, to undertake activities required to work 15 hours or more per week within the next 2 years.

Example: Sue has an intellectual disability. She is undertaking a certificate level course in general work skills at her local vocational education college. The course is designed specifically for people with intellectual disabilities. Sue has difficulty understanding new tasks and requires constant supervision and assistance with personal care when on campus. On completion of the course, Sue will not be able to maintain employment of 15 hours or more per week in the open labour market without this support. Sue has a CITW.

Modification of mainstream training courses

Mainstream training courses may be modified to accommodate people with disabilities, for example through the provision of aids and equipment, by making environmental modifications, or by granting concessions such as allowing unscheduled breaks or self-paced course completion.

Participation in a modified training course is not necessarily an indication that a person has a CITW. A person participating in such training has a CITW if they are unable, solely because of their impairment/s, to undertake activities required to work 15 hours or more per week within the next 2 years.

Example: Peter has a back condition which limits his movement and causes some pain. He is comfortable in a sitting position for short periods of time, but needs to stretch and move around periodically to manage his pain. Peter is undertaking an accounting diploma. He is able to take short, frequent breaks during class and to utilise the first aid room on campus when he needs to lie down to stretch his back. On completion of the course, Peter will be able to work 15 hours or more per week in a position where he can sit down most of the time and take regular breaks. Peter does not have a CITW.

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