3.6.1.40 Qualification for DSP during Study or Training - 30 Hour Rule

Topic applies to

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 3.6.1.42.

Policy reference: SS Guide 3.6.1.10 Qualification for DSP - 30 Hour Rule, 3.6.1.12 Qualification for DSP - 15 Hour Rule

Overview

People who are studying or training may still qualify for DSP if they have an impairment rating of at least 20 points under the Impairment Tables (1.1.I.10) and a CITW (1.1.C.330).

To have a CITW a student must:

• be prevented, because of their impairment(s), from doing any work (1.1.W.60) in open employment (1.1.O.10) within the next 2 years, and
• be unlikely, because of their impairment(s), to be able to work within the next 2 years as a result of undertaking educational, vocational or on-the-job training (1.1.E.30).

Factors to consider

The following factors will be considered in determining whether a student has a CITW:

• how the person's course activities compare with activities generally required to work in open employment,
• the person's study-load (including the number of contact hours to attend lectures, practicals and tutorials and the number of hours of private study),
• whether the course is designed specifically for people with a physical, intellectual or psychiatric impairment,
• whether any modification to the course which has been made solely to accommodate the person's disability, and
• whether the person could participate in alternative training activities if their current course of study is unlikely to enable them to work within the next 2 years.

Studying 30 hours or more per week

A student participating in mainstream, unmodified study for 30 hours or more per week is unlikely to have a CITW. This is because the activities required for mainstream study are generally equivalent to those required to work in open employment.

Studying less than 30 hours per week

A person undertaking part-time study of less than 30 hours per week may qualify for DSP if they are unable, solely because of their impairment(s), to undertake activities generally required for open employment of 30 hours or more per week within the next 2 years.

Explanation: A person is undertaking a part-time course because they are unable to undertake a full-time course due to their impairment(s). This person is unlikely to be able to undertake work in open employment for 30 hours or more per week.

Training designed specifically for people with physical, intellectual or psychiatric impairments

Training programs that have been designed specifically for people with physical, intellectual or psychiatric impairments are not educational or vocational training for the purposes of SSAct section 94(2)(b) before its amendment on 1 July 2006. People who are undergoing this type of training may still be considered to have a CITW.

Modification of mainstream training courses

Mainstream training courses are courses that are not specifically designed for or restricted to people with disabilities.

Mainstream training courses that accommodate people with disabilities through the provision of aids such as tape recorders, monitors or other equipment or environmental modifications, or make concessions such as allowing unscheduled breaks or allowing the course to be completed at each participant's own pace are considered to be training for the purposes of SSAct section 94(2)(b) before its amendment on 1 July 2006.

Act reference: SSAct pre-1 July 2006 section 94(2)(b) Continuing inability to work, section 94(5) Educational or vocational training does not include…

Policy reference: SS Guide 3.6.2.110 DSP Assessment of Continuing Inability to Work - 30 Hour Rule, 3.6.2.130 DSP Assessment of Ability to Undertake Training - 30 Hour Rule

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Last reviewed: 1 July 2011