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Post by anotherdsp on Oct 17, 2013 17:37:24 GMT 7
to one an all , i have a question to ask and it is.... if a person is grandfathered pre 2004 changes i.e your imparment ratings and hours to work and you have a normal jca under the old impairment ratings etc, how come the 13 weeks portability is not retained also?? i have been thinking that it should be part of grandfathering as the impairment tables are retained so why is not the portability also?? thanks all answers welcome!
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Post by Banjo on Oct 17, 2013 17:44:31 GMT 7
Simply because it wasn't included in the legislation.
Welfare Rights made a case for a clause to be included but they just never considered it.
The Labor government were never big fans of portability; we were lucky that the people of this forum, along with a few others, worked so hard to bring it to the public notice so that they included the Indefinite Portability clause.
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Post by anotherdsp on Oct 17, 2013 17:48:03 GMT 7
to banjo ok thanks mate,i thought there must be a simple answer!!
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Post by blacktulipvampire on Oct 17, 2013 19:08:23 GMT 7
@ anotherdsp
You say "you have a normal jca under the old impairment ratings etc"
Who ever said 2004 grandfathering meant any future review was under the old impairment tables ? The new tables weren't even thought of then !
I have been told, several times, that this is simply NOT TRUE.
ANYONE who is reviewed for ANY reason is reviewed under the new tables.
The only difference between NEW applicants and existing DSPérs is :-
NEW applicants need 20 points in ONE TABLE to get DSP now.
EXISTING DSPérs having a review (normal one, not UP) only need 20 points across all tables.
I am even led to believe this latter point is even in place for DSPérs who qualify under the new 20 point rule. ie if you had 20 points in one table, got the DSP, and then many years down the road you only had 20 across 2 or more tables, you still qualify for DSP.
If you have information that is contrary to this, I would appreciate hearing about it.
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Post by blacktulipvampire on Oct 17, 2013 19:09:48 GMT 7
Did you mean the old ratings as in 20 across all tables ? Not the old tables ?
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Post by Banjo on Oct 17, 2013 19:20:57 GMT 7
I took him to mean having been assessed for the DSP under the old system and grandfathered as in not having to be reassessed under the new tables.
I think....
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Post by newtodsp on Oct 18, 2013 8:14:31 GMT 7
The only difference between NEW applicants and existing DSPérs is :- NEW applicants need 20 points in ONE TABLE to get DSP now. EXISTING DSPérs having a review (normal one, not UP) only need 20 points across all tables. I am even led to believe this latter point is even in place for DSPérs who qualify under the new 20 point rule. ie if you had 20 points in one table, got the DSP, and then many years down the road you only had 20 across 2 or more tables, you still qualify for DSP. Hi blacktulipvampire, where did you get this information from? I thought that existing DSPers qualifying before the eligibility changes, would (under the new tables)need 20 points in one table, just like the new applicants, to retain their pension? Do you have any links for this or is this just what you have heard? |
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Post by anotherdsp on Oct 18, 2013 8:25:35 GMT 7
to btv an banjo, yeah i assumed that a reveiw was under the old tables,i.e having 20 points even it was 15 in one table and say 5 in another an 30 hrs work per week? as this was what happened to me me about 5 years ago and was cut off but reinstated because i was grandfathered pre 2004 change which the aro acknowledge. ( i had a very bad reveiw ,in an out in 10 mins! no test no questions where in my original jca i was given 30 points for a back injuruy. sorry if i was confusing ,my memory is going? so if i was called in now for a reveiw what tables etc are applicable,now i am confused again!! lol but thanks guys!
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Post by scallywag on Oct 18, 2013 9:06:16 GMT 7
The only difference between NEW applicants and existing DSPérs is :- NEW applicants need 20 points in ONE TABLE to get DSP now. EXISTING DSPérs having a review (normal one, not UP) only need 20 points across all tables. I am even led to believe this latter point is even in place for DSPérs who qualify under the new 20 point rule. ie if you had 20 points in one table, got the DSP, and then many years down the road you only had 20 across 2 or more tables, you still qualify for DSP. Hi blacktulipvampire, where did you get this information from? I thought that existing DSPers qualifying before the eligibility changes, would (under the new tables)need 20 points in one table, just like the new applicants, to retain their pension? Do you have any links for this or is this just what you have heard? I applied for up and have been assessed twice this year and both times been found to have 10 points under one table and 10 under another. Both times I retained my dsp and they consider me able to work 8-15 hrs per week. |
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Post by Denis-NFA on Oct 18, 2013 9:53:34 GMT 7
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Post by scallywag on Oct 18, 2013 10:17:06 GMT 7
@ nofixedaddress
"I am also under the impression that if you were assessed prior to 3 September 2011 then any future review is made against the old Impairment Tables".
I was assessed before 3 September 2011,found to be severely disabled and granted dsp. Now despite deterioration, reinjury and more injuries, I am found to be moderately disabled. I think there are no old tables, only current tables.
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Post by Denis-NFA on Oct 18, 2013 11:32:23 GMT 7
@ nofixedaddress "I am also under the impression that if you were assessed prior to 3 September 2011 then any future review is made against the old Impairment Tables". I was assessed before 3 September 2011,found to be severely disabled and granted dsp. Now despite deterioration, reinjury and more injuries, I am found to be moderately disabled. I think there are no old tables, only current tables. I was like you as my original assessment was prior to 3 September 2011 and before I applied for Unlimited Portability I was warned that the assessment for UP, and all future assessments, would be made using the new Impairment Tables. By applying for Unlimited Portability they deem it as your first ever assessment to bring you for evermore under the New Tables. |
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Post by Deleted on Oct 18, 2013 14:15:41 GMT 7
@ nofixedaddress "I am also under the impression that if you were assessed prior to 3 September 2011 then any future review is made against the old Impairment Tables". I was assessed before 3 September 2011,found to be severely disabled and granted dsp. Now despite deterioration, reinjury and more injuries, I am found to be moderately disabled. I think there are no old tables, only current tables. I was like you as my original assessment was prior to 3 September 2011 and before I applied for Unlimited Portability I was warned that the assessment for UP, and all future assessments, would be made using the new Impairment Tables. By applying for Unlimited Portability they deem it as your first ever assessment to bring you for evermore under the New Tables. Yes that's what l'm worried about, even though my medical condition has gotten worse since l got the DSP in 2008 l could still lose my pension if l ever get reassessed under these bloody new 2011 tables. l have 3 disabilities or medical problems, they added up to 20 points or more in 2008, but l don't know if l could get 20 points for a single one which you need to pass the new tables. From what l read 30%-45% of people would lose the DSP if everyone was reassessed under the 2011 tables. |
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Post by newtodsp on Oct 18, 2013 14:18:42 GMT 7
Hi blacktulipvampire, where did you get this information from? I thought that existing DSPers qualifying before the eligibility changes, would (under the new tables)need 20 points in one table, just like the new applicants, to retain their pension? Do you have any links for this or is this just what you have heard? I applied for up and have been assessed twice this year and both times been found to have 10 points under one table and 10 under another. Both times I retained my dsp and they consider me able to work 8-15 hrs per week. Thanks scallywag!! That makes me feel better.  Though, I need to look up the new tables to see what 10 points equates to. 20 points over multiple tables would make sense, given the people I know who have retained their DSP. Unless they are very good at making it seem they have 20 points under one table..would be good to get some definitive answer on this from welfare rights, what do you guys reckon! |
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Post by newtodsp on Oct 18, 2013 14:23:46 GMT 7
I was like you as my original assessment was prior to 3 September 2011 and before I applied for Unlimited Portability I was warned that the assessment for UP, and all future assessments, would be made using the new Impairment Tables. By applying for Unlimited Portability they deem it as your first ever assessment to bring you for evermore under the New Tables. Yes that's what l'm worried about, even though my medical condition has gotten worse since l got the DSP in 2008 l could still lose my pension if l ever get reassessed under these bloody new 2011 tables. l have 3 disabilities or medical problems, they added up to 20 points or more in 2008, but l don't know if l could get 20 points for a single one which you need to pass the new tables. From what l read 30%-45% of people would lose the DSP if everyone was reassessed under the 2011 tables. frugle, according to scallywag you don't need 20 points under the 1 table to continue to qualify. However, I would like to get some official word on this! |
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Though, I need to look up the new tables to see what 10 points equates to. 20 points over multiple tables would make sense, given the people I know who have retained their DSP. Unless they are very good at making it seem they have 20 points under one table..would be good to get some definitive answer on this from welfare rights, what do you guys reckon!