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1.1.I.95 Independently of a program of support
A program of support is a program that is wholly or partly funded by the Australian Government which provides ongoing support to people with disability to prepare for, find and keep a job.
A program of support can also be one which the Secretary considers to be similar to a program of support that receives Australian Government funding.
A program of support provides regular assistance to a person, without which they could not maintain the employment. This support is expected to be required long-term.
Example: Support provided by an ESS provider at a high or moderate level is considered to be a program of support as it is expected that participants will require long-term regular assistance.
Working independently of a program of support means a person is able to work 15 or more hours per week in the open labour market where wages are at or above the relevant minimum wage without requiring ongoing support to maintain the employment.
A person is treated as doing work independently of a program of support if the person:
Act reference: SSAct section 94(4) A person is treated as doing work independently of a program of support...
Policy reference: SS Guide 3.6.2.112 Assessment of Continuing Inability to Work - 15 Hour Rule
What is occasional support?
Occasional support includes irregular support provided to a person with disability on a needs basis.
Example: Flexible support provided by a DES is support which is occasional, as it is provided on a sporadic, episodic or irregular basis.
What is support that is not ongoing?
Support that is not ongoing is support which is expected to be required by the participant only in the short-term.
Example: Six months post placement support with a JSA provider is support that is not ongoing.
Disability Employment Services
DES provides support and assistance to people with a disability, injury or health condition to help them prepare for, find and keep a job.
DES provides 2 support services:
DMS provides flexible support to people with a disability, injury or health condition who require sporadic or episodic support and are not expected to need assistance in the long-term.
ESS provides support to people with a permanent disability who are expected to require long-term ongoing support to find and maintain employment. Support under the ESS is provided at 3 levels:
A DSP recipient will continue to demonstrate a CITW while requiring and receiving high or moderate support from an ESS. Recipients receiving flexible support from either a DMS or an ESS will be considered to be working independently of a program of support and subject to the work test.
Recipients who require work based personal assistance in employment are considered to have support requirements and they will continue to demonstrate a CITW for as long as this assistance is being purchased or provided. In some instances this may be provided after a DES program has ceased.
Supported wage system
A recipient who participates in SWS does not have to demonstrate a CITW. SWS is an Australian Government program designed to address barriers to employment in the open workforce faced by people with disability whose productivity and employment competitiveness are reduced because of their disability. Employees under SWS are paid a proportion of a full wage based on their productivity.
Supported wages are employment income (1.1.E.102) and any available working credits will be used to offset this employment income under the income test.
Australian Disability Enterprises (ADE)
DSP recipients do not have to demonstrate a CITW for DSP while they remain in an ADE. There is no time limit on the duration of their involvement in an ADE. A recipient may be regarded as being in disability supported employment (1.1.S.430) while they remain employed by the ADE.
Recipients working with assistance from an ADE funded under the Disability Services Act 1986, are NOT considered to be in full-time work where wages are at or above the relevant minimum wage.
ADE wages are employment income (1.1.E.102) and any available working credits will be used to offset this employment income under the income test.
Act reference: SSAct section 94(1) Before its amendment on 1 July 2006 - Qualification for DSP... see (c)(ii), section 1073H Working out accruals and depletions of working credit for social security pensioners, section 1073I Working out the effect of a working credit depletion on the yearly rate of ordinary income for a social security pensioner
Policy reference: SS Guide 3.1.11.30 Working Credit Depletion
Employer reporting for ADE
With the recipient's consent, employer reporting allows the ADE to report their employee's wage details directly to Centrelink on a regular basis. The amount reported by the employer is taken to be the income of the person in the fortnight, i.e. it is the amount received not earned for business services recipients.
Policy reference: SS Guide 3.6.1.90 Notification & Recipient Obligations for DSP
Community development employment project
A recipient's participation in a CDEP is approved by DEEWR and is usually on a part-time basis. In considering whether a recipient continues to qualify for DSP it is necessary to determine how closely the activities performed by the recipient resemble open employment conditions, and therefore whether the recipient is capable of work in open employment for at least 15 hours (or 30 hours for grandfathered recipients) each week.
Delegates need to:
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Last reviewed: 3 May 2010
