3.6.2.140 DSP Claimants Aged 55 Years or More

Overview

The ability to undertake education, pre-vocational, vocational training, vocational rehabilitation and work-related training (including on-the-job training) is considered in light of the availability of suitable work in the claimant's locally accessible labour market (1.1.L.70) if a person:

• has a DSP start date before 1 July 2006 and continues to receive DSP, and
• is aged 55 years or more, and
• their condition attracts a rating of 20 points or more on the Impairment Tables (1.1.I.10), and
• is considered to have a CITW (1.1.C.330).

The provision for DSP claimants aged 55 years or more was removed on 1 July 2006.

Recipients granted DSP on or before 10 May 2005 and remaining eligible for DSP are unaffected by the removal of this provision.

This provision was available to recipients granted DSP from 11 May 2005 to 30 June 2006, but DSP eligibility reviews for this group from 1 July 2006 exclude the provision (i.e. the provision was removed on 1 July 2006).

When is work available?

Work is only considered to be available if actual vacancies exist in the locally accessible labour market (1.1.L.70).

Factors to be considered

The following factors are considered when assessing the availability of suitable work in the local 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.

Example: The delegate should consider whether the claimant 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 local labour market:

• the claimant's work preferences,
• the claimant's work motivation,
• the claimant's work 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...

Policy reference: SS Guide 3.6.1.10 Qualification for DSP - 30 Hour Rule, 3.6.1.12 Qualification for DSP - 15 Hour Rule, 3.6.2.110 DSP Assessment of Continuing Inability to Work - 30 Hour Rule, 3.6.2.112 DSP Assessment of Continuing Inability to work - 15 Hour Rule

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Last reviewed: 7 September 2009