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.

3.6.1.55 Transitional arrangements for people granted DSP 11/05/2005 to 30/06/2006

Overview

From 1 July 2006 new qualification rules for DSP apply. Among other things, from this date, people claiming DSP will not be eligible for DSP if they can work 15 hours or more per week where wages are at or above the relevant minimum wage, independently of a program of support. The new rules reduce the number hours from 30 hours to 15.

A person granted DSP from 1 July 2006 qualifies and continues to be reviewed against the new (including 15 hours) qualification rules for DSP.

People in receipt of DSP as at 30 June 2006 will remain on DSP with their ongoing eligibility assessed in service update reviews.

  • A person on DSP on 10 May 2005 and remaining on payment qualifies and continues to be reviewed against the old (including 30 hours) qualification rules for DSP.
  • A person who claimed DSP before 1 July 2006 but on or after 11 May 2005 (the day after the 2005-06 Budget) qualifies against the old (including 30 hours) qualification rules. When eligibility for DSP is reviewed after 1 July 2006 under SS(Admin)Act section 63(2) or section 63(4), the new (including 15 hours) qualification rules apply.

Act reference: SSAct section 94 Qualification for DSP

Recipients on payment from 1 July 2006

A claim or review of DSP qualification is to be determined against the new qualification provisions, including the 15 hour rule for recipients on payment from 1 July 2006.

Example: Larry is granted DSP on 21 August 2006. Qualification for DSP is determined against the new DSP qualification rules, including the 15 hours. In September 2007, when Larry is selected for a service update review, the delegate will determine qualification for DSP against the new qualification rule, including the 15 hours.

Act reference: SSAct section 94 Qualification for DSP

SS(Admin)Act section 63(2) If the Secretary is of the opinion that a person …, section 63(4) If the Secretary is of the opinion …

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

Recipients at 10 May 2005 who maintain a qualification for DSP

Review of DSP qualification is to be determined against the old qualification provisions, including the 30 hour rule for recipients remaining on DSP on a claim made on or before 10 May 2005.

Example: Billy is granted DSP in March 2004. Billy is selected for a service update review in August 2006. Billy's qualification for DSP is reviewed against the old (including 30 hours) qualification rule.

Act reference: SSAct section 94 Qualification for DSP

SS(Admin)Act section 63(2) If the Secretary is of the opinion that a person …, section 63(4) If the Secretary is of the opinion …

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

Recipients granted payment from 11 May 2005 to 30 June 2006

Reviews of DSP qualification are to be determined against the new qualification provisions, including the 15 hour rule for recipients granted payment from 11 May 2005 to 30 June 2006. These reviews will occur 2 years from the date of grant of DSP unless selected earlier under a service update review.

Example: Jane was granted DSP on 25 May 2005 against the old DSP qualification rules, including the 30 hours. In May 2007, when Jane is selected for a service update review, the delegate assesses Jane against the new qualification rule, including the 15 hours.

Act reference: SSAct section 94 Qualification for DSP

SS(Admin)Act section 63(2) If the Secretary is of the opinion that a person …, section 63(4) If the Secretary is of the opinion …

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

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