3.6.2.150 DSP claimants with less than 10 years qualifying Australian residence

Overview

To qualify residentially for DSP, a claimant must meet one of the following requirements:

• were born outside Australia
• were not an Australian resident (1.1.A.330) when their CITW occurred
• were the dependent child of an Australian resident when their CITW occurred, and
• became an Australian resident while still the dependent child of an Australian resident.

The 10 years qualifying Australian residence requirement is satisfied if the person has been an Australian resident for 10 years, with at least 5 of these years being continuous.

Claimants with less than 10 years qualifying Australian residence (1.1.Q.15) do not generally qualify for DSP, unless they satisfy one of the other requirements, which are summarised in this topic.

QRE

A person has a QRE if they reside in Australia and are a refugees or former refugee. A refugee for social security purposes means a person granted a permanent visa under the Department of Home Affairs’ humanitarian program.

DSP claimants with a QRE do not require 10 years residence in Australia and it does not matter where their CITW occurred.

CITW arose after becoming an Australian resident

A person with less than 10 years qualifying Australian residence may qualify for DSP if the person's CITW (1.1.C.330) arose after they became an Australian resident. A person is an Australian resident once they are residing in Australia as either an Australian citizen, a permanent visa holder, or a protected SCV holder.

If the person’s CITW arose before they became an Australian resident (for example, it occurred before they arrived in Australia, or while they held a temporary visa), the person cannot qualify until they have accumulated 10 years of qualifying residence in Australia, unless they meet one of the other requirements.

A person's CITW generally arises at the time of the incapacitating illness or accident regardless of the age of the person when this occurred. For claimants with severe congenital abnormalities CITW generally occurs at birth.

In limited circumstances, a person who had a CITW that arose before they became an Australian resident may subsequently develop a new impairment after becoming an Australian resident that is also sufficient to satisfy the CITW requirement. The new CITW must relate to a different impairment to the original impairment for the person to qualify for DSP before they have accumulated 10 years qualifying Australian residence.

CITW arose when a dependent child of an Australian resident

A person with less than 10 years qualifying Australian residence may qualify for DSP if their CITW arose while they were the dependent child (1.1.D.70) of an Australian resident. This applies if they:

• were born outside Australia
• were not an Australian resident when their CITW occurred
• were the dependent child of an Australian resident when their CITW occurred, and
• became an Australian resident while still the dependent child of an Australian resident.

Determining when a CITW occurred

In determining when a person’s CITW occurred and whether they were an Australian resident at that time, the following factors are relevant:

• the nature and severity of the person's impairment at the time they became an Australian resident
• whether there has been an improvement or deterioration in the impairment/s since they became an Australian resident
• the person's work history before and after they became an Australian resident
• whether the type of work performed before they became an Australian resident, or similar work, exists at award wages in the Australian labour market, and
• whether the person had the skills or physical ability to perform work, at the time they became an Australian resident (see explanation).

A person’s CITW cannot be considered to have occurred after they became an Australian resident, merely because the person was not of working age (that is under 16 years) at the time they became an Australian resident.

The delegate must consider:

• the nature of the person's medical condition (1.1.M.90) at the time they became an Australian resident, and
• whether the person had a CITW at that time.

The person's ability to undertake mainstream schooling in Australia may be an indication of when the CITW occurred. For claimants with severe congenital abnormalities, CITW generally occurs at birth, regardless of when the disability is diagnosed.