Post by Banjo on Feb 6, 2011 18:54:12 GMT 7
www.acon.org.au/hiv/finance/dsp#Grandfathered
Changes to the Disability Support Pension (DSP) - and how this can affect you
In July 2006 the Federal Government radically changed the criteria for getting the DSP. Previously, the DSP was available to people who, among other things, were assessed as unable to work more than 30 hours or more a week in the next two years. People applying for DSP on or after 1 July 2006, must be assessed as unable to work 15 hours or more a week.
There are now three different categories of people who receive the DSP. How the new rules affect you depends on when you were placed on the DSP.
People on the DSP before 11 May 2005 – ’Grandfathered’
* You will be unaffected by the new rules. If you are reviewed by Centrelink, you will still be assessed on your ability to work 30 hours a week or more. You will continue to be able to do part-time work - now or in the future. Legally, you will need to declare any part-time income to Centrelink and your DSP benefit may be proportionally reduced.
* If you want to work, but are worried that you may not be able to do so long-term, you can go back to work, full-time or part-time, and return to the DSP within a two year period and continue to be assessed under the old (30 hour) rules. If you want to be absolutely sure that you fit this situation, you should talk to Centrelink (call 13 27 17 or www.centrelink.gov.au ).
* Return to the DSP within this two year period, is generally automatic and does not require a new Job Capacity Assessment. The Job Capacity Assessment is a comprehensive assessment of an individual's ability to work. For people with medical conditions or disabilities, the assessment also identifies their current and future work capacity. There have been reports of people who returned to work, being assessed for a Job Capacity Assessment and in some cases being kicked off the DSP if the assessors regard them as being able to work 30 hours or more. If you stay off the DSP for longer than two years, you will need to re-apply and will be assessed under the new 15 hour rules. If you have any concerns about these issues you can contact The Bobby Goldsmith Foundation (BGF) (02) 9283 8666 or bgf@bgf.org.au, or the Welfare Rights Centre on (02) 9211 5300 or welfarerights@welfarerights.org.au for advice and support.
* Mobility Allowance - If you do voluntary work, paid work, vocational training, independent living skills or life skills training, job seeking (or any combination of these) and you cannot use public transport without extra help because of disability, injury or illness, you may be eligible for Mobility Allowance from Centrelink. There are currently two rates of Mobility Allowance - standard and higher. If you qualify for Mobility Allowance, your rate will depend on what your activities are. As there are also other criteria that you must meet to qualify for this payment, you should contact Centrelink on 13 27 17 or www.centrelink.gov.au.
* Pensioner Education Supplement and Education Entry Payment - If you undertake an approved course of full-time or part-time study, you may get the Pensioner Education Supplement. The Pensioner Education Supplement (PES) helps people undertake full-time or part-time study. Contact Centrelink for more information. When you start studying, you may get a one-off Education Entry Payment. Contact Centrelink for more information.
People on DSP on or after 11 May 2005 and before 1 July 2006
Although you were originally assessed for the DSP on your ability to work 30 hours or more a week, your eligibility will now be reviewed on your ability to work 15 hours or more per week.
However, if you had your DSP granted under the 'manifest rules', you will not be reviewed. The manifest guidelines say that to manifestly qualify for DSP, one must be diagnosed with AIDS rather than HIV (Category 4 HIV/AIDS). People who are manifestly granted DSP are exempt from medical reviews.
Review by Centrelink
If you are reviewed, the Job Capacity Assessor contracted by the Department of Human Services will assess the impact of all your diagnosed medical conditions (HIV and other medical conditions) on your ability to work 15 hours or more per week. These assessors may be doctors, psychologists, occupational therapists, social workers, or other health workers.
If you are assessed as able to work at least 15 hours per week, you will be transferred to Newstart or Youth Allowance and will receive a lower payment ($214.90 per week, in 2008, but subject to change). Newstart Allowance helps you while you are looking for work and allows you to participate in activities designed to increase your chances of finding work. Youth Allowance provides assistance for young people who are studying full-time, undertaking a full-time Australian Apprenticeship or training and/or looking for work. You will be required to look for work within your capacity, and face stricter income and asset tests than required on the DSP.
Some people living with HIV who have been reviewed for DSP have raised concerns about the quality of these assessments. If you have any concerns about your review you can contact: The Bobby Goldsmith Foundation (BGF) (02) 9283 8666 or bgf@bgf.org.au, or the Welfare Rights Centre on (02) 9211 5300 or welfarerights@welfarerights.org.au for advice and support.
Tips for surviving a Centrelink DSP review
Get support and advice as soon as you receive notice of a review. The Bobby Goldsmith Foundation (BGF) has trained and experienced staff who can help you. When dealing with a reviewer, you may need to help them fully understand the impact HIV has on your life. The interviewer may have only limited knowledge of HIV, treatments and their side-effects, so you might need to explain things to them. Make notes before your interview about: your daily routines, your energy levels, your previous treatment regimes and side-effects, any other medications you take, and details of all your health issues over the previous 12 months.
If you are feeling in any way anxious or nervous about the interview, ask someone to go with you.
Download: Surviving the DSP review’ Factsheet produced by Positive Life
People who applied for DSP on or after 1st July 2006
Your doctor will be required to complete a report on your health. Doctors are not asked by Centrelink to comment on your ability to work for 15 hours or more per week. They are only asked to provide information about your medical condition, including treatment, side-effects, etc. Your capacity to work is then assessed by a Job Capacity Assessment provider, taking into account the medical conditions in your doctor's report, and any other circumstances.
If you are assessed as being able to work 15 hours or more a week, you will be placed on Newstart or the Youth Allowance. Unless you are exempt from the Activity Test due to incapacity to work, you will have to meet the Activity Test requirements by demonstrating that you are looking for work, attending job interviews and accepting suitable job offers, or that you are undertaking an approved training course. Failing to meet these requirements can lead to your payments being suspended for a period of time.
If you are placed on Newstart (Incapacitated), you are temporarily exempt from the above Activity Test requirements. To be categorised as incapacitated you will need a doctor’s certificate which clearly states, among other things, that you cannot work for at least 8 hours per week because of your health. If you need to provide a medical certificate to Centrelink, you should ask your doctor to fill in the Centrelink Medical Certificate for you. Doctors are familiar with these certificates. For Activity Test exemptions, a single medical certificate is valid for up to a maximum of 13 weeks. This means that even if your doctor has stated that your incapacity will be longer than 13 weeks, your exemption can only be granted for up to 13 weeks. If your incapacity continues, you will need a new medical certificate when the old one expires - remember the maximum period of validity is 13 weeks.
You can only be transferred to the DSP if a Job Capacity Assessment concludes that you will not be able to work more than 15 hours per week for more than two years.
What happens to your DSP if you work part-time?
If you work part–time you might still be able to receive a partial DSP and keep your Pensioner Concession Card, subject to the income test. A single pensioner can have other income up to $132 a fortnight (this is an income test free amount) before the pension starts to be reduced by 40 cents in the dollar for income amounts over $132. (May 2008 figures)
Bear in mind that if you work 15 hours or more and you were placed on DSP after 1 July 2006, this may trigger an assessment review.
For more information, contact Centrelink on 13 27 17 with your specific plans before you go ahead with any changes.
What happens to your DSP if you want to work full-time?
If you want to work, but are worried that you may not be able to do so long-term, you can go back to work, and return to the DSP within a two year period and continue to be assessed under the rules of your original DSP application. You must notify Centrelink within 14 days of starting any work. You will continue to have access to your Pensioner Concession Card for the first 12 months after you start work. Returning to the DSP within this two year period should be automatic and does not require a new medical Centrelink assessment. However, there have been reports of people who returned to work, but were not returned to their old DSP status when they were unable to continue working.
If you return to work and stay off the DSP for longer than two years, you will need to re-apply and will be assessed under the new 15 hour rules.
For more information, contact Centrelink on 13 27 17 with your specific plans before you go ahead with any changes.
Changes to the Disability Support Pension (DSP) - and how this can affect you
In July 2006 the Federal Government radically changed the criteria for getting the DSP. Previously, the DSP was available to people who, among other things, were assessed as unable to work more than 30 hours or more a week in the next two years. People applying for DSP on or after 1 July 2006, must be assessed as unable to work 15 hours or more a week.
There are now three different categories of people who receive the DSP. How the new rules affect you depends on when you were placed on the DSP.
People on the DSP before 11 May 2005 – ’Grandfathered’
* You will be unaffected by the new rules. If you are reviewed by Centrelink, you will still be assessed on your ability to work 30 hours a week or more. You will continue to be able to do part-time work - now or in the future. Legally, you will need to declare any part-time income to Centrelink and your DSP benefit may be proportionally reduced.
* If you want to work, but are worried that you may not be able to do so long-term, you can go back to work, full-time or part-time, and return to the DSP within a two year period and continue to be assessed under the old (30 hour) rules. If you want to be absolutely sure that you fit this situation, you should talk to Centrelink (call 13 27 17 or www.centrelink.gov.au ).
* Return to the DSP within this two year period, is generally automatic and does not require a new Job Capacity Assessment. The Job Capacity Assessment is a comprehensive assessment of an individual's ability to work. For people with medical conditions or disabilities, the assessment also identifies their current and future work capacity. There have been reports of people who returned to work, being assessed for a Job Capacity Assessment and in some cases being kicked off the DSP if the assessors regard them as being able to work 30 hours or more. If you stay off the DSP for longer than two years, you will need to re-apply and will be assessed under the new 15 hour rules. If you have any concerns about these issues you can contact The Bobby Goldsmith Foundation (BGF) (02) 9283 8666 or bgf@bgf.org.au, or the Welfare Rights Centre on (02) 9211 5300 or welfarerights@welfarerights.org.au for advice and support.
* Mobility Allowance - If you do voluntary work, paid work, vocational training, independent living skills or life skills training, job seeking (or any combination of these) and you cannot use public transport without extra help because of disability, injury or illness, you may be eligible for Mobility Allowance from Centrelink. There are currently two rates of Mobility Allowance - standard and higher. If you qualify for Mobility Allowance, your rate will depend on what your activities are. As there are also other criteria that you must meet to qualify for this payment, you should contact Centrelink on 13 27 17 or www.centrelink.gov.au.
* Pensioner Education Supplement and Education Entry Payment - If you undertake an approved course of full-time or part-time study, you may get the Pensioner Education Supplement. The Pensioner Education Supplement (PES) helps people undertake full-time or part-time study. Contact Centrelink for more information. When you start studying, you may get a one-off Education Entry Payment. Contact Centrelink for more information.
People on DSP on or after 11 May 2005 and before 1 July 2006
Although you were originally assessed for the DSP on your ability to work 30 hours or more a week, your eligibility will now be reviewed on your ability to work 15 hours or more per week.
However, if you had your DSP granted under the 'manifest rules', you will not be reviewed. The manifest guidelines say that to manifestly qualify for DSP, one must be diagnosed with AIDS rather than HIV (Category 4 HIV/AIDS). People who are manifestly granted DSP are exempt from medical reviews.
Review by Centrelink
If you are reviewed, the Job Capacity Assessor contracted by the Department of Human Services will assess the impact of all your diagnosed medical conditions (HIV and other medical conditions) on your ability to work 15 hours or more per week. These assessors may be doctors, psychologists, occupational therapists, social workers, or other health workers.
If you are assessed as able to work at least 15 hours per week, you will be transferred to Newstart or Youth Allowance and will receive a lower payment ($214.90 per week, in 2008, but subject to change). Newstart Allowance helps you while you are looking for work and allows you to participate in activities designed to increase your chances of finding work. Youth Allowance provides assistance for young people who are studying full-time, undertaking a full-time Australian Apprenticeship or training and/or looking for work. You will be required to look for work within your capacity, and face stricter income and asset tests than required on the DSP.
Some people living with HIV who have been reviewed for DSP have raised concerns about the quality of these assessments. If you have any concerns about your review you can contact: The Bobby Goldsmith Foundation (BGF) (02) 9283 8666 or bgf@bgf.org.au, or the Welfare Rights Centre on (02) 9211 5300 or welfarerights@welfarerights.org.au for advice and support.
Tips for surviving a Centrelink DSP review
Get support and advice as soon as you receive notice of a review. The Bobby Goldsmith Foundation (BGF) has trained and experienced staff who can help you. When dealing with a reviewer, you may need to help them fully understand the impact HIV has on your life. The interviewer may have only limited knowledge of HIV, treatments and their side-effects, so you might need to explain things to them. Make notes before your interview about: your daily routines, your energy levels, your previous treatment regimes and side-effects, any other medications you take, and details of all your health issues over the previous 12 months.
If you are feeling in any way anxious or nervous about the interview, ask someone to go with you.
Download: Surviving the DSP review’ Factsheet produced by Positive Life
People who applied for DSP on or after 1st July 2006
Your doctor will be required to complete a report on your health. Doctors are not asked by Centrelink to comment on your ability to work for 15 hours or more per week. They are only asked to provide information about your medical condition, including treatment, side-effects, etc. Your capacity to work is then assessed by a Job Capacity Assessment provider, taking into account the medical conditions in your doctor's report, and any other circumstances.
If you are assessed as being able to work 15 hours or more a week, you will be placed on Newstart or the Youth Allowance. Unless you are exempt from the Activity Test due to incapacity to work, you will have to meet the Activity Test requirements by demonstrating that you are looking for work, attending job interviews and accepting suitable job offers, or that you are undertaking an approved training course. Failing to meet these requirements can lead to your payments being suspended for a period of time.
If you are placed on Newstart (Incapacitated), you are temporarily exempt from the above Activity Test requirements. To be categorised as incapacitated you will need a doctor’s certificate which clearly states, among other things, that you cannot work for at least 8 hours per week because of your health. If you need to provide a medical certificate to Centrelink, you should ask your doctor to fill in the Centrelink Medical Certificate for you. Doctors are familiar with these certificates. For Activity Test exemptions, a single medical certificate is valid for up to a maximum of 13 weeks. This means that even if your doctor has stated that your incapacity will be longer than 13 weeks, your exemption can only be granted for up to 13 weeks. If your incapacity continues, you will need a new medical certificate when the old one expires - remember the maximum period of validity is 13 weeks.
You can only be transferred to the DSP if a Job Capacity Assessment concludes that you will not be able to work more than 15 hours per week for more than two years.
What happens to your DSP if you work part-time?
If you work part–time you might still be able to receive a partial DSP and keep your Pensioner Concession Card, subject to the income test. A single pensioner can have other income up to $132 a fortnight (this is an income test free amount) before the pension starts to be reduced by 40 cents in the dollar for income amounts over $132. (May 2008 figures)
Bear in mind that if you work 15 hours or more and you were placed on DSP after 1 July 2006, this may trigger an assessment review.
For more information, contact Centrelink on 13 27 17 with your specific plans before you go ahead with any changes.
What happens to your DSP if you want to work full-time?
If you want to work, but are worried that you may not be able to do so long-term, you can go back to work, and return to the DSP within a two year period and continue to be assessed under the rules of your original DSP application. You must notify Centrelink within 14 days of starting any work. You will continue to have access to your Pensioner Concession Card for the first 12 months after you start work. Returning to the DSP within this two year period should be automatic and does not require a new medical Centrelink assessment. However, there have been reports of people who returned to work, but were not returned to their old DSP status when they were unable to continue working.
If you return to work and stay off the DSP for longer than two years, you will need to re-apply and will be assessed under the new 15 hour rules.
For more information, contact Centrelink on 13 27 17 with your specific plans before you go ahead with any changes.