Disability Support Pension There are a number of Social Security payments for people who have an illness, injury or disability. These payments include: Disability Support Pension and Sickness Allowance, as well as Newstart Allowance, Youth Allowance, Parenting Payment or Special Benefit for people who have a "partial capacity to work". You may be eligible for one of these payments, depending on the severity of your medical condition, the degree that the condition affects your ability to work, the length of time your condition is likely to continue, and whether or not you have a job to return to.
This Factsheet is about Disability Support Pension. If you have an ongoing physical, intellectual or psychiatric condition which prevents you from working or restricts the amount of work you can do, you may be eligible for Disability Support Pension.
Who is eligible for Disability Support Pension?To be eligible for Disability Support Pension you must be 16 or over and:
have a physical, intellectual or psychiatric impairment that has a rating of at least 20 points under the statutory Impairment Tables; and
have a “continuing inability to work” or be participating in the Supported Wage System; and
meet the residence criteria; and
not be eligible for "alternative" Disability Support Pension.
There are separate eligibility criteria for "alternative" Disability Support Pension (sometimes called "section 94A Disability Support Pension") - see below.
A separate set of conditions applies for people who satisfy the criteria for “permanent blindness”. Contact Centrelink for details.
How do I know my “impairment rating”?The impairment assessment is generally undertaken as part of a Centrelink “Job Capacity Assessment” by a “Job Capacity Assessor”. A Job Capacity Assessor is a medical practitioner or other professional person employed or contracted by Centrelink.
Not all Job Capacity Assessors have medical qualifications. Some are trained as, for example, Social Workers, Occupational Therapists, Psychologists or Speech Pathologists. The Job Capacity Assessor should consider all your medical evidence including reports from your treating doctor(s) and specialist. If you already have medical reports, X-rays and letters from your doctors, you should bring them along to your appointment with a Job Capacity Assessor, no matter how old they are. You will be referred for a Job Capacity Assessment unless the severity of your condition makes your eligibility for Disability Support Pension obvious (this is sometimes referred to as "manifest" eligibility).
It is most important that you provide the person undertaking your Job Capacity Assessment with information about all your health problems, not just your main physical, intellectual or psychiatric disability or condition. You will be given an impairment rating for each condition. These ratings will then be combined to calculate your total impairment rating.
“Impairment Tables” listed in Social Security legislation are used to decide your impairment rating. The Tables are very specific and Centrelink does not have a lot of flexibility.
You will only be given an impairment rating if your medical condition has been fully documented and diagnosed, and has been investigated, treated and stabilised. You can appeal if Centrelink refuses to give you an impairment rating for a particular condition or disability.
What if my impairment rating is less than 20 points?If you are assessed as having an impairment rating of less than 20 points, your claim for Disability Support Pension will be rejected. If you think the decision is wrong, you can ask for a review.
What is "continuing inability to work"?If your impairment rating is assessed at 20 points or more, your eligibility for Disability Support Pension will depend on whether you have a “continuing inability to work”. Unless your "inability to work" is "manifest", a Job Capacity Assessment will be undertaken to determine if you have a "continuing inability to work".
The definition of "continuing inability to work" changed substantially from 1 July 2006. The most significant change relates to the definition of "work". This is sometimes referred to as the "work test". Basically, an assessment under the "old" rules looks at whether you would be capable of working at least 30 hours per week within two years, while under the "new" rules the assessment will be whether you would be able to work at least 15 hours per week within two years.
Will I be assessed under the "old" or "new" work test rules?Whether you are assessed under the "old" 30 hour rules or "new" 15 hour rules will depend on the date you claim Disability Support Pension:
if your claim is lodged on or after 1 July 2006, you will be assessed under the new rules.
if you claimed pension between 11 May 2005 and 30 June 2006, reviews of your eligibility will be under the new rules,
if you claimed pension before 11 May 2005, you will continue to be paid under the old rules. As long as you continue to be eligible for the pension, future medical reviews will be under the old rules.
What are the new "continuing inability to work" rules?Under the new rules, to decide whether you have a continuing inability to work, the Job Capacity Assessor will consider:
whether your impairment, by itself, would prevent you from working at least 15 hours per week within the next two years; and
whether your impairment would prevent you from undertaking a "training activity" that would equip you to work 15 hours per week within two years, independently of a "program of support".
When considering whether you could undertake a "training activity", the assessor will consider not only mainstream educational and vocational programmes, but also programmes specifically for people with a disability, eg, Disability Employment Network and Vocational Rehabilitation programmes.
A "program of support" means a programme designed to assist in preparation for, finding and maintaining employment.
What are the old "continuing inability to work" rules?
Under the old rules, to decide whether you have a continuing inability to work, the Job Capacity Assessor will consider:
whether your impairment, by itself, would prevent you from working at least 30 hours per week within the next two years; and
whether your impairment prevents you from doing a mainstream training or educational course that would enable you to work within the next two years.
"Alternative" Disability Support Pension
If you have undertaken a "training activity" during the last two years but you are still unable to work at least 15 hours per week, you may be eligible for Disability Support Pension under "alternative" rules. Under these alternative rules, you may be eligible for "alternative Disability Support Pension" if:
at least two years ago a Job Capacity Assessor decided that you were then unable to work at least 15 hours per week, ie, you were considered to have a "current inability to work"; and
you have received a Social Security income support payment continuously for at least two years; and
you undertook a "training activity" or another suitable activity; and
a Job Capacity Assessor determines that, despite the training activity you still have a "current inability to work" and
you have an impairment rating of at least 20 points; and
you meet the relevant residency rules.
Notes on "inability to work"“Work” means any type of work. It does not mean work in the type of job you previously did. Although this may seem harsh, it is the same rule that applies to all people receiving unemployment payments.
The state of the labour market is generally not relevant to your continuing inability to work, so you cannot argue, for example, that it is difficult for people in your age group to get work. However, if you are 55 or more, and assessed under the "old" rules, Centrelink must be satisfied that the type of work for which you could be trained is likely to be available in your locally accessible labour market. Actual vacancies must exist in your local labour market for the work to be considered available. This policy does not apply for the "new" rules.
Suspension of Disability Support Pension while workingIf you lose eligibility for Disability Support Pension due to working, your pension may be suspended rather than cancelled, for up to two years. This means that your Disability Support Pension will be reinstated if you reclaim within two years and 14 days of the suspension, without the need for a medical assessment by a Job Capacity Assessor.
What if I am assessed as not having a "continuing inability to work"?If your claim is refused it may be that Centrelink has drawn unrealistic conclusions about your ability to do certain types of work, rehabilitation or training courses. You should explain your reasons to Centrelink and ask for a review. It may be, for example, that your physical condition would not prevent you from attending classes but that depression would severely interfere with your ability to attend or to concentrate. If possible provide reports from your doctor clarifying your condition.
See below for details about your appeal rights.
How do I apply for Disability Support Pension?
Generally you must personally lodge your claim for Disability Support Pension at a Centrelink office. If you cannot attend a Centrelink office personally, someone from Centrelink can visit you, or a friend can hand in your claim form.
You can organise for a claim form to be sent to you and register your claim by telephoning Centrelink on 131021.
Generally payment cannot be backdated to before the date you lodge your claim. However, if you claim within 14 days of contacting Centrelink your payment can be backdated to the date of contact.
There are only limited situations in which payment may be back-dated prior to the date of registration or claim. For example, if you became incapacitated for work as a result of a medical condition and you claim a pension or allowance within five weeks from the date of incapacity, your claim may be backdated up to five weeks. Where you claim a pension or allowance after five weeks from the date of incapacity, your claim may be backdated up to four weeks.
To support your claim for Disability Support Pension, you will usually be required to submit a treating doctor’s report and a detailed form about your condition. You may also provide additional evidence including, specialist reports, hospital records and x-rays.
What if there are delays in processing my claim or my pension is cancelled?It can take Centrelink a long time to decide whether you are eligible for Disability Support Pension. If you are receiving no other Social Security payments when you claim Disability Support Pension, you may be entitled to Newstart Allowance while your claim is assessed. Enquire about this at Centrelink.
If Centrelink stops your Disability Support Pension, you may be told that you need to claim Newstart Allowance. However, you may appeal the decision to stop your pension and request that your pension continue until the appeal is finalised (this is called “payment pending review”). Alternatively, if you claim Newstart Allowance, you should ask that you be exempted from the activity test until your Disability Support Pension appeal is decided.
Appeal rightsIf you disagree with a Centrelink decision you have the right to appeal against it. Appealing is easy and free. To appeal you should simply tell Centrelink that you are not happy with its decision and that you would like to appeal to an Authorised Review Officer (ARO). It is best to lodge an appeal in writing and you should keep a copy of your appeal letter. You can, however, lodge an appeal over the telephone.
The ARO is a senior officer in Centrelink who has the power to change the original decision. Many people are successful at this level. If you are not satisfied with an ARO decision you can appeal to the Social Security Appeals Tribunal (SSAT), which is independent of Centrelink.
You may appeal to an ARO or to the SSAT at any time. However, to receive back pay from the date you were affected by the original decision, you must appeal to an ARO within 13 weeks of receiving written notice of the original decision and then, if necessary, appeal to the SSAT within 13 weeks of receiving notice of the ARO decision (except for Family Tax Benefit – see below). If you appeal more than 13 weeks after receiving the notice and you are successful, you will only receive back pay from the date you appealed.
Different rules generally apply to appeals to the ARO and the SSAT regarding Family Tax Benefit assessments - see the Factsheets "Family Tax Benefit" and "Family Tax Benefit and estimating your income".
If you are appealing to an ARO or to the SSAT about a debt only, no time limits apply. This means that if your appeal is successful, and your debt is cancelled or recovery waived, you may be entitled to a refund of the amount you have paid back to Centrelink.
If you are not satisfied with the SSAT decision you can appeal to the Administrative Appeals Tribunal (AAT). Centrelink can also appeal against the SSAT decision to the AAT. You need to appeal to the AAT within 28 days of receiving the SSAT decision in writing. This time limit can be extended in limited circumstances by order of the AAT.
For more information on appealing see the Factsheet “Appeals – how to appeal against a Centrelink decision”, the form "Request for a review by an Authorised Review Officer" and the booklets, “how to appeal to the social security appeals tribunal” and the “Administrative Appeals Tribunal Social Security Self Advocacy kit”.
InterpretersIf you think you need an interpreter, or if you feel more confident with an interpreter, you should use one of the three free available interpreter services.
Most Centrelink offices have interpreters available at regular times each week. Your local Centrelink office can tell you whether there is an interpreter available who speaks your language, and at what times they are in the office.
You can telephone the Multilingual Telephone Information Service (MTI), which is part of Centrelink. MTI is staffed by Centrelink officers who are bilingual. You can ring them directly on 131 202 and they can answer your questions for you.
You can also call the Telephone Interpreter Service (TIS) on 131 450 and ask for an interpreter. This is a free service.
Please note: This Factsheet contains general information only. It does not constitute legal advice. If you need legal advice about your Social Security entitlement, please contact your local Welfare Rights Centre/Advocate.
Welfare Rights Centres are community legal centres, which specialise in Social Security law, administration and policy. They are entirely independent of Centrelink. All assistance is free.
This Factsheet was updated in June 2009.
www.welfarerights.org.au