The following is a letter sent to Insight last night. It is also intended for the minister, secretary, local member, centrelink. Apologies to members outside of the profiled group. In Qld Insight airs Tuesday nights.
Dear INSIGHT
As an older long term set and forget Howard era DSP recipient, and fan of the show, I believe I am also entitled, so I am writing regarding the portability provisions, or rather rapidly disappearing portability provisions of the Disability Support Pension. DSP recipients, like all other Australian citizens have freedom of movement, which means a right to travel and a choice to choose where we live, through a United Nations charter.
Prior to the 2011-2012 budget varying lenghts of portability existed, ranging from thirteen weeks to as long as a year, when first introduced. At present it stands at six weeks multiple times per year, reducing to four weeks in one fifty two week period on 1st January 2014. Since the senate has not yet sat to change legislation, this is obviously a change in policy. Please consider this argument for a further policy change or budget amendment.
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES SOCIAL SECURITY AND OTHER LEGISLATION AMENDMENT (DISABILITY SUPPORT PENSION PARTICIPATION REFORMS) BILL 2012 EXPLANATORY MEMORANDUM (Circulated by the authority of the Minister for Families, Community Services and Indigenous Affairs, Minister for Disability Reform, the Hon Jenny Macklin MP)
SOCIAL SECURITY AND OTHER LEGISLATION AMENDMENT (DISABILITY SUPPORT PENSION PARTICIPATION REFORMS) BILL 2012 OUTLINE The Bill contains the measures set out below. Work rule for disability support pension This measure from the 2011-12 Budget package, Building Australia's Future Workforce, allows all disability support pensioners to work up to 30 hours a week without having their payment suspended or cancelled. This extends the `30 hour rule' to people granted disability support pension since the introduction of the Welfare to Work changes (that is, on or after 11 May 2005), who currently have their pension suspended or cancelled once they work more than 15 hours a week.
Along with the above were people who received the DSP before that date who were "grandfathered", people who may need to be reassessed in the future, are to be reassessed under the criteria in effect at the time of their determination.
Participation requirements for disability support pension
This is a further measure from the Building Australia's Future Workforce package. It introduces a requirement for certain disability support pensioners under age 35 with a work capacity of at least eight hours a week to engage with Centrelink through an initial participation interview and development of a participation plan, tailored to their individual circumstances, to help build their work capacity.
It is this clause that has driven the current crackdown on under 35's as well as the arrival of the new impairment tables, all introduced by the former Labour government in 2011-1012. This current government is simply following on with the legislation.
Portability of disability support pension
This measure introduces more generous rules, for disability support pensioners with a severe impairment that is likely to continue for at least five years and result in the person having no future work capacity, allowing them to retain access to their disability support pension if they travel overseas for more than 13 weeks.
I believe the above clause can be easily effected in the spirit it was inteneded, and not in the mean spirited way it evolved under the former Labour government as a form of sheer bastardry, if not in fact discrimination against the "grandfathered" group. Most of the group would pass medical reassessment because of the legislation, however to achieve Unlimited Portability, they are required to give up one legal right attempting to achieve another; by being required to receive a score under the new tables no other applicant has to achieve in order to have a sucessful new claim, let alone something that is seen by many as an add on. It is certainly added easily enough when advising travel plans.
This group is required to achieve twenty points over multiple tables under pre 2005 criteria to remain on DSP if reassessed. New applicants are required to achieve the same number of points over multiple tables under the new tables to have sucessful claim. The majority of the former group would also have a sucessful claim under the new tables and the discriminatory action of having to achieve twenty points in one table to obtain Unlimited Portability by this longer term older group, should be blindingly obvious to any fair minded person.
Pensioners with a "severe impairment that is likely to continue for at least five years and result in the person having no future work capacity", allowing them to retain access to their disability support pension if they travel overseas for more than 13 weeks.
I suggest to you there would be substantial savings to the department should policy be allowed to reflect the spirit of the legislation: via screen checks of clients when advising their intention of travel, who have determinations of "Severe Impairment" along with clients who have not required medical reassessment for five years or more, these would fit into the intended spirit of the legislation quite fairly. The savings come about through unfair reassessments no longer being required for "grandfathered" clients, as well as through lack of appeals by unsuccessful UP applicants.
Since most recipients of this letter have either been elected, appointed or are part of a Commonwealth Service Delivery Agency, all of you have an obligation to your fellow Australians by overseeing a fair go in an unbiased manner, to those people on DSP, who for reasons many and varied, choose to spend extended periods of time overseas, as is their right under international law.
Kind Regards/Yours Faithfully
Cheers bear
