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This topic applies to people who are subject to the 30 hour rule for DSP qualification.
For people who are subject to the 15 hour rule refer to 3.6.2.112.
Policy reference: SS Guide 3.6.1.10 Qualification for DSP - 30 Hour Rule, 3.6.1.12 Qualification for DSP - 15 Hour Rule, 1.1.T.147 Transitional applicant (DSP)
To qualify for DSP, a person must have an impairment rating of at least 20 points under the Impairment Tables (1.1.I.10) and have a CITW (1.1.C.330). Both aspects are of equal importance.
It does not necessarily follow that a person who has an impairment rating of 20 points or more is incapable of working. It does mean that their medical impairment(s) are such that they may cause difficulties in many work situations, but depending on their individual circumstances, coping mechanisms, training, and reasonable adjustments, the person may be able to undertake work (1.1.W.60) of 30 hours or more per week, within the next 2 years.
Act reference: SSAct pre-1 July 2006 section 94 Qualification for DSP
Policy reference: SS Guide 3.6.1.10 Qualification for DSP - 30 Hour Rule
The following factors are considered when determining whether a person has a CITW:
Example 1: Max has an intellectual disability. He is capable of working for 30 hours per week, with ongoing weekly support from an ESS provider. He has difficulty understanding new tasks and requires constant supervision. He would not be able to maintain this employment or any job in the open labour market, without this support. Max has a CITW.
Example 2: Cherie has arthritis and is not able to stand for long periods of time. However, in a position where she can sit down most of the time and is not required to perform heavy manual tasks, she is otherwise able to understand direction, complete work and exhibit appropriate behaviour. She is able to work more than 30 hours per week in a position in an area such as office administration, research or a call centre. Cherie does not have a CITW.
The following factors are not considered when determining whether a person has a CITW:
Example 1: Lesley has a leg injury and can no longer perform his usual occupation as a labourer. He liked working as a labourer and is unwilling to try alternative work as he has limited computer skills and no work experience in other industries. Lesley does not have a CITW as he has the ability to undertake training which could equip him with skills to find work which does not require heavy manual tasks, such as teaching, office administration or telemarketing. Undertaking this training could enable Lesley to work 30 hours or more per week.
Example 2: William has a back condition which limits his movement and causes some pain. This condition means that he cannot lift heavy objects or move freely. However, he is comfortable in a sitting position and could undertake work which enables him to sit most of the time, such as administration work. The town which William lives in has a large manufacturing industry and this is the main employer of residents. Vacancies for other jobs which do not require manual handling are not available often and so William has found it difficult to secure suitable work. William does not have a CITW, as there is work that exists elsewhere within Australia which he could do, or be trained to do, despite it not being available in the town where he lives.
Act reference: SSAct pre-1 July 2006 section 94(3) In deciding whether or not a person has a continuing inability to work...
The assessment of a person's ability to undertake training is part of the assessment of whether they have a CITW.
If the delegate determines that the person is unable to do their usual work or work for which they are currently skilled, the impact of the person's impairment(s) on their ability to undertake educational, vocational training or on-the-job training (1.1.E.30) will be considered.
If a person is unable to participate in educational or vocational training or on-the-job training within the next 2 years because of their impairment(s), they may satisfy the CITW criteria for DSP qualification. A person may also satisfy the CITW criteria if they are able to undertake training, but such training is unlikely, because of the person's impairment(s), to enable them to work within the next 2 years.
Act reference: SSAct pre-1 July 2006 section 94(2)(b) (before its amendment on 1 July 2006) Either: the impairment is of itself sufficient to prevent…, section 94(5) In this section: educational or vocational training does not include…
The following factors are considered when determining whether a person can undertake or benefit from undertaking training:
Example: Morgan has a leg injury which causes pain and affects her mobility. She had previously worked as an electrician but can no longer perform this work due to her injury. She is able to perform work which can be done from a sitting position, such as office administration. Morgan is able to attend training courses which can provide her with computer and payroll skills and enable her to return to work of 30 hours or more per week. These training courses are generally short, taking less than 2 years to complete and Morgan's leg injury does not prevent her from undertaking them. Morgan does not have a CITW.
The following factors are not considered when determining whether a person can undertake or benefit from undertaking training:
Act reference: SSAct pre-1 July 2006 section 94(2) A person has a continuing inability to work because..., section 94(3) In deciding whether or not a person has a continuing inability to work..., section 94(4) For the purposes of subparagraph (2)(b)(ii), if a person has turned 55…, section 94(5) In this section: educational or vocational training does not include…
Policy reference: SS Guide 3.6.2.140 DSP Claimants Aged 55 Years or More
If a person has been participating in a mainstream training course and intends to continue their course without modification, this will be considered in determining whether the person has a CITW.
It is unlikely that a person participating in a mainstream, unmodified course for 30 hours or more per week would have a CITW. This is because the activities required for mainstream study are generally equivalent to those required to do work.
If a person is undertaking a modified course of study, the following factors will be considered in determining whether the person has a CITW:
Policy reference: SS Guide 3.6.1.40 Qualification for DSP during Study or Training - 30 Hour Rule, 3.6.1.10 Qualification for DSP - 30 Hour Rule
Centrelink customer service advisers and job capacity assessors (1.1.J.20) need to identify any recent changes in the person's circumstances which have led them to claim DSP. It is important to identify any non-medical reasons for the person's decision to claim DSP as these may indicate that they do not have a CITW.
The following are examples of non-medical reasons that may be the impetus for a new DSP claim:
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Last reviewed: 5 September 2011
