The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. TheĀ 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. DSP recipients aged 55 years or more


In certain circumstances, the availability of work to a DSP recipient in their locally accessible labour market (1.1.L.70) is to be taken into account when considering, for CITW (1.1.C.330) purposes, whether educational, pre-vocational or vocational training, vocational rehabilitation or on-the-job training is likely to enable the recipient to do work in the next 2 years. This provision applies only where the recipient:

  • has a DSP start date before 11 May 2005
  • is aged 55 years or more
  • is assessed as having an impairment that attracts a rating of 20 points or more on the Impairment Tables (1.1.I.10), and
  • is assessed as unable to work for at least 30 hours per week in the next 2 years but able to be retrained for such work during the next 2 years.

The above provision was removed on 1 July 2006.

This provision had also applied in assessing DSP claims that resulted in grants made between 11 May 2005 and 30 June 2006. However, this provision does not apply to the recipients whose DSP start date falls within that period when they have their DSP qualification reviewed.

When is work available?

Under the above provision, work is only considered to be available if actual vacancies exist in the locally accessible labour market.

Factors to be considered

The following factors are considered when assessing the availability of suitable work in the locally accessible labour market:

  • the recipient's travelling time to a potential job should not exceed 60 minutes one way, that is from their home to the place of work or return
  • the cost of travel should not exceed 10% of the gross wage offered
  • if a number of people living in the same area as the recipient, regularly commute to their work in circumstances similar to those of the recipient, then it would be considered to be within the area, and
  • travel is not restricted to motor vehicles or public transport. If the recipient is travelling by bicycle or walking, travelling time should not be excessive and must take account of the limitations resulting from their condition, and their ability to work having arrived there.

Explanation: The delegate should consider whether the recipient would be too tired (because of their disability) to work after walking or cycling to their place of employment.

Factors to be disregarded

The following factors are NOT considered when assessing the availability of suitable work in the locally accessible labour market:

  • the recipient's work preferences
  • the recipient's work motivation
  • the recipient's potential attractiveness to an employer in that area, AND
  • discriminatory employment practices.

Act reference: SSAct pre-1 July 2006 section 94(4) For the purposes of subparagraph (2)(b)(ii), if a person has turned 55 ā€¦

Policy reference: SS Guide Qualification for DSP - 30 hour rule, DSP assessment of continuing inability to work - 30 hour rule

Last reviewed: