|
Post by Banjo on Apr 1, 2012 13:31:52 GMT 7
I thought I would get some of this stuff organised. Here's the current reading of the Bill before the Senate.
1218AAA Unlimited portability period for disability support pension—
severely impaired disability support pensioner (1) The Secretary may make a written determination that a particular person’s maximum portability period for disability support pension is an unlimited period, if all of the following circumstances (the qualifying circumstances) exist: (a) the person is receiving disability support pension; (b) the Secretary is satisfied that the person’s impairment is a severe impairment (within the meaning of subsection 94(3B)); (c) the Secretary is satisfied that the person will have that severe impairment for at least the next 5 years; (d) the Secretary is satisfied that, if the person were in Australia, the severe impairment would prevent the person from performing any work independently of a program of support (within the meaning of subsection 94(4)) within the next 5 years.
(2) The Secretary must not make a determination under subsection (1) in relation to a person who is outside Australia unless the Secretary is satisfied that: (a) the person is unable to return to Australia because of either of the following events: (i) a serious accident involving the person; (ii) the hospitalisation of the person; and
(b) the person’s portability period for disability support pension had not ended at the time the event occurred.
(3) The Secretary may revoke the determination if any of the qualifying circumstances ceases to exist.
(4) A determination under subsection (1) is not a legislative instrument.
(5) In this section: work means work: (a) that is on wages that are at or above the relevant minimum wage; and (b) that exists in Australia, even if not within the person’s locally accessible labour market.
|
|
|
Post by Banjo on Apr 1, 2012 13:35:10 GMT 7
Here's the link and the current position of the bill. HOUSE OF REPRESENTATIVES 15 Feb 2012 Introduced and read a first time 15 Feb 2012 Second reading moved 29 Feb 2012 Second reading debate 29 Feb 2012 Second reading agreed to 29 Feb 2012 Third reading agreed to SENATE 29 Feb 2012 Introduced and read a first time 29 Feb 2012 Second reading moved www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4752No idea when it goes back for the second reading.
|
|
|
Post by Banjo on Apr 1, 2012 13:38:14 GMT 7
Section 94
SOCIAL SECURITY ACT 1991 - SECT 94
Qualification for disability support pension (1) A person is qualified for disability support pension if:
(a) the person has a physical, intellectual or psychiatric impairment; and
(b) the person's impairment is of 20 points or more under the Impairment Tables; and
(c) one of the following applies:
(i) the person has a continuing inability to work;
(ii) the Health Secretary has informed the Secretary that the person is participating in the supported wage system administered by the Health Department, stating the period for which the person is to participate in the system; and
(d) the person has turned 16; and
(e) the person either:
(i) is an Australian resident at the time when the person first satisfies paragraph (c); or
(ii) has 10 years qualifying Australian residence, or has a qualifying residence exemption for a disability support pension; or
(iii) is born outside Australia and, at the time when the person first satisfies paragraph (c) the person:
(A) is not an Australian resident; and
(B) is a dependent child of an Australian resident;
and the person becomes an Australian resident while a dependent child of an Australian resident; and
(ea) either:
(i) the person is an Australian resident; or
(ii) the person is absent from Australia and all the circumstances described in paragraphs 1218AA(1)(a), (b), (c), (d) and (e) exist in relation to the person.
|
|
|
Post by Banjo on Apr 1, 2012 13:40:42 GMT 7
Note 1: For Australian resident , qualifying Australian residence and qualifying residence exemption see section 7.
Note 2: For Impairment Tables see subsection 23(1) and sections 26 and 27.
Continuing inability to work
(2) A person has a continuing inability to work because of an impairment if the Secretary is satisfied that:
(aa) in a case where the person's impairment is not a severe impairment within the meaning of subsection (3B)--the person has actively participated in a program of support within the meaning of subsection (3C); and
(a) in all cases--the impairment is of itself sufficient to prevent the person from doing any work independently of a program of support within the next 2 years; and
(b) in all cases--either:
(i) the impairment is of itself sufficient to prevent the person from undertaking a training activity during the next 2 years; or
(ii) if the impairment does not prevent the person from undertaking a training activity--such activity is unlikely (because of the impairment) to enable the person to do any work independently of a program of support within the next 2 years.
Note: For work see subsection (5).
(3) In deciding whether or not a person has a continuing inability to work because of an impairment, the Secretary is not to have regard to:
(a) the availability to the person of a training activity; or
(b) the availability to the person of work in the person's locally accessible labour market.
(3A) If:
(a) a person is receiving disability support pension; and
(b) the Secretary gives the person a notice under subsection 63(2) or (4) of the Administration Act in relation to assessing the person's qualification for that pension;
then paragraph (2)(aa) of this section does not apply in relation to that assessment.
Severe impairment
(3B) A person's impairment is a severe impairment if the person's impairment is of 20 points or more under the Impairment Tables, of which 20 points or more are under a single Impairment Table.
Example 1: A person's impairment is of 30 points under the Impairment Tables, made up of 20 points under one Impairment Table and 10 points under another Impairment Table. The person has a severe impairment.
Example 2: A person's impairment is of 40 points under the Impairment Tables, made up of 20 points under one Impairment Table and 20 points under another Impairment Table. The person has a severe impairment.
Example 3: A person's impairment is of 20 points under the Impairment Tables, made up of 10 points each under 2 separate Impairment Tables. The person does not have a severe impairment.
Active participation in a program of support
(3C) A person has actively participated in a program of support if the person has satisfied the requirements specified in a legislative instrument made by the Minister for the purposes of this subsection.
(3D) The Secretary must comply with any guidelines in force under subsection (3E) in deciding whether the Secretary is satisfied as mentioned in paragraph (2)(aa).
(3E) The Minister may, by legislative instrument, make guidelines for the purposes of subsection (3D).
Doing work independently of a program of support
(4) A person is treated as doing work independently of a program of support if the Secretary is satisfied that to do the work the person:
(a) is unlikely to need a program of support; or
(b) is likely to need a program of support provided occasionally; or
(c) is likely to need a program of support that is not ongoing.
Other definitions
(5) In this section:
"program of support" means a program that:
(a) is designed to assist persons to prepare for, find or maintain work; and
(b) either:
(i) is funded (wholly or partly) by the Commonwealth; or
(ii) is of a type that the Secretary considers is similar to a program that is designed to assist persons to prepare for, find or maintain work and that is funded (wholly or partly) by the Commonwealth.
"training activity" means one or more of the following activities, whether or not the activity is designed specifically for people with physical, intellectual or psychiatric impairments:
(a) education;
(b) pre-vocational training;
(c) vocational training;
(d) vocational rehabilitation;
(e) work-related training (including on-the-job training).
"work" means work:
(a) that is for at least 15 hours per week on wages that are at or above the relevant minimum wage; and
(b) that exists in Australia, even if not within the person's locally accessible labour market.
Person not qualified in certain circumstances
(6) A person is not qualified for a disability support pension on the basis of a continuing inability to work if the person brought about the inability with a view to obtaining a disability support pension or a sickness allowance or with a view to obtaining an exemption, because of the person's incapacity, from the requirement to satisfy the activity test for the purposes of job search allowance, newstart allowance, youth training allowance, youth allowance or austudy payment.
AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
|
|
|
Post by StringsAttached on Apr 2, 2012 19:16:06 GMT 7
You're amazing Banjo. Thank you so much. I'm off back to Oz to see if I can maintain there the health I've achieved while OS - and live on crums (+ $6 fortnight). Thank you for all your work.
|
|
|
Post by rowdy on Apr 2, 2012 20:50:01 GMT 7
You're amazing Banjo. Thank you so much. I'm off back to Oz to see if I can maintain there the health I've achieved while OS - and live on crums (+ $6 fortnight). Thank you for all your work. Dont be so flippant, that extra $6 per fortnight is 180THB in pretend money ;D
|
|
|
Post by anotherdsp on Apr 2, 2012 23:25:03 GMT 7
yep well done,but what happens to the grandfathered over 35s? what has it got to with the new tests?? does it effect what being grandfathered means for a benefit started pre 2005? wow confused again? thanx
|
|
|
Post by Banjo on Apr 3, 2012 5:59:24 GMT 7
I'm personally hoping that age will be a factor in the new assessments.... realistically speaking, someone in their 50s/60s has to have a lot less chance of getting employment then a much younger person with a similar impairment level. Who would you rather see get the job anyway? A 30 year old with a couple of kids or some old has been who's done his share of hard yacka?
|
|
|
Post by zorro1 on Apr 3, 2012 7:09:36 GMT 7
do they hire 50 and up even if not disabled? Even 40 would be tough going. By the way c/l cant make anybody accept a job they are not qualified for , well that used to be the case , for example if you spent a lifetime in sales you wouldn't be expected to work as a bar man and visa verca which narrows the available work for the disabled considerably
|
|
|
Post by howdo on Apr 3, 2012 9:47:21 GMT 7
I'm personally hoping that age will be a factor in the new assessments.... realistically speaking, someone in their 50s/60s has to have a lot less chance of getting employment then a much younger person with a similar impairment level. Agreed, I'm hoping age will be a factor also.
|
|
|
Post by eight on Apr 3, 2012 10:39:31 GMT 7
I'm personally hoping that age will be a factor in the new assessments... . realistically speaking, someone in their 50s/60s has to have a lot less chance of getting employment then a much younger person with a similar impairment level.Who would you rather see get the job anyway? A 30 year old with a couple of kids or some old has been who's done his share of hard yacka? But the job centers try so so hard to get older persons a job. The one I deal with even booked me in for an appointment FIVE DAYS BEFORE I TURN 65 and go on the OAP. I am sure they will have a good job for me to go to for 4 days.
|
|
|
Post by zingzingzing on Apr 3, 2012 12:06:36 GMT 7
I wonder also what happens to those who haven't hit the 2 year barrier for DSP, I'm sitting on 17 months now (not quite 24 months) but Centerlink nor anyone has talked to me about it?
|
|
|
Post by Banjo on Apr 3, 2012 12:08:23 GMT 7
Well, four days work will be handy towards your next flight 8. This is a very good point though, expecting logic to take part in some of their actions could lead to madness. (You can see why Marilyn gives us a wide berth).
|
|
|
Post by zingzingzing on Apr 3, 2012 13:19:55 GMT 7
Flights are pretty cheap is not an issue, just how long one can stay And yeah I do :/
|
|
|
Post by anotherdsp on Apr 4, 2012 7:52:30 GMT 7
to zingzing,what is this two year barrier you mention? is that 2yearly reveiw?
|
|