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Post by leaping larry on Jul 2, 2015 17:25:38 GMT 7
Ok thanks quantumranger
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Post by dswau on Jul 17, 2015 16:33:34 GMT 7
Hi
I'm not sure if I fit into the situation that you raise, but I went o to DSP in July 14. Shortly after I ceased work and in June this year I managed to get back to work with my previous employer, but at 15 hours per week. Before returning to work I was registered with a DES and my JCA work capacity is 8-14 hours per week.
Surprisingly, although the system seems to revolve around working more than 29 hours per week, Centrelink are only interested in the $$$ earned. I can state this with some authority as the EBA of the company that I work at states that the minimum payment per shift is 4 hours, but I do 3 hours x 5 days = 15 hours. But I get paid for 20 hours. This confuses Centrelink a bit, so they told me to report the 20 hours income, but as working 15 hours.
From my time with the DES it seemed clear that as soon as you exceed 30 hours, then you have 14 days to report that and suspend DSP with the opportunity to get back on within 2 years (subject to medical assessment), but if you miss that 14 days, then DSP is cancelled and you need to apply again. I think that this is foolish because I got offered a 30 hour per week job for six weeks that I thought I could push myself to do, but it would screw up DSP, so I didn't take up the job.
In summary, get a copy of your JCA through FOI, hook up with a DES, get informed about what will happen, and you can move forward -- but that scenario is only if you are interested in working, which some, but not all, DSP recipients want to do. I have the benefit of scaling my working hours up to 20 per week, then 25, then 29, then suspending DSP. Doing so means you can try to get back to 'normal' but at in a staged way. Suspend DSP according to the rules and you will get to keep your concession card for 12 months which helps with bills.
I've only been back at work for two months, but the extra $$$ in the pocket really does make a difference.
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Post by Banjo on Jul 17, 2015 17:50:29 GMT 7
Thanks for the informative post. Congrats on doing your best to stay in the workforce.
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Post by jessemojo4 on Aug 9, 2015 5:47:31 GMT 7
i think they call it entrapment. beware of all c/l does. Yes I agree, beware, a job agency sent me an appoint. I called them to tell em I was on a docs cert. They told me I wasnt and they wud cancell my newstart if didnt go. I got a photo copy from my Doc and took it to C/link and fixed it. The original didnt exist?
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Post by gized on May 17, 2016 12:28:38 GMT 7
Yes there is a latest case on this. The poorguy worked 25 hours a week for under 2 years. He had one leg and in family business. Hit reviewed this year. Found he did not have an citw. Cancelled dsp. The being able to work up to ,30 hours a wrrkcsme in for those to test their abity to undertake more work. The result now is they will possibly be reviewed and the law will stop their dsp. But only apies to a particular time when you were granted DSP.
So yes, it hapoens.
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Post by quantumranger on Jun 10, 2016 12:54:44 GMT 7
I want to work a little bit but it's not worth it because say if I do 15 hours a week or 20 or around that, then I might get reviewed and my dsp will get cut off. I'll be better off in the long run not working. Sorry for having this attitude. The 30 hours a week limit is a trap. Work over 8 hours and come review all time your cut off
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Post by murphy on Jun 10, 2016 13:05:44 GMT 7
I want to work a little bit but it's not worth it because say if I do 15 hours a week or 20 or around that, then I might get reviewed and my dsp will get cut off. I'll be better off in the long run not working. Sorry for having this attitude. The 30 hours a week limit is a trap. Work over 8 hours and come review all time your cut off At times I feel the same, quantumranger. This is what Centrelink's culture of fear causes, in my view. And in the end it costs them more because we're afraid to see how we go with introducing some work - the end result is paying full pension instead of the reduced pension it would be if we did some work.
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Post by murphy on Jun 10, 2016 13:34:33 GMT 7
Yes there is a latest case on this. The poorguy worked 25 hours a week for under 2 years. He had one leg and in family business. Hit reviewed this year. Found he did not have an citw. Cancelled dsp. The being able to work up to ,30 hours a wrrkcsme in for those to test their abity to undertake more work. The result now is they will possibly be reviewed and the law will stop their dsp. But only apies to a particular time when you were granted DSP. So yes, it hapoens. The terrible thing for Trenter was that he won at tier 1 appeal, and Centrelink appealed. The decision that he had 20 points was set aside, and he was given 10 points for the amputation and none for the depression, with the Tribunal noting he did not have a report from a clinical psychologist. Trenter started work on October 2013, so at the time of the decision had worked for 25 hrs per week for more than 2 years. What's important is that the member said that had he attracted 20 points on the impairment tables, his 25 hrs would not have meant he failed the CITW test. Note: "In my opinion, there is nothing inconsistent between qualifying for DSP by being unable to work for 15 hours a week for two years, on the one hand, and on the other hand, at a later date working for at least 15, but not more than 30 hours per week indefinitely while still receiving reduced DSP owing to the means test. Section 96, thus encourages recipients to undertake work for not more than 30 hours a week, while still retaining a reduced DSP." And, finally: "As I interpret section 96 of the SS Act, if I had found that Mr  Trenter 's above the left knee amputation to be assessed at 20 points under the impairment tables, I would have further found that he could work for more than two years for 15, but not for more than 30 hours each week and still retain DSP which is subject to a means test." Of course, it's clear from Centrelink's arguments that it is of the view that working more than 15hrs, up to 29hrs, for more than 2 years, should disqualify DSP recipients. Creeps. I'm kinda horrified they appealed the tier 1 appeal decision. Poor guy must have thought he was safe and then ends up with this s##t. I hope he can obtain pro bono legal counsel, more medical evidence, and get his 20 points.
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Post by Deleted on Jun 10, 2016 14:24:24 GMT 7
I want to work a little bit but it's not worth it because say if I do 15 hours a week or 20 or around that, then I might get reviewed and my dsp will get cut off. I'll be better off in the long run not working. Sorry for having this attitude. The 30 hours a week limit is a trap. Work over 8 hours and come review all time your cut off I'm the same, I get so damn bored doing nothing but don't want to fall into the trap of doing a few hours then getting reviewed and they say "hey you're already working so enjoy your dole bro!!" That being said I don't often feel well enough to work but it would be nice to do a few hours in say, a sheltered workshop for a bit extra money.
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Post by bunyip on Jun 10, 2016 14:28:50 GMT 7
I want to work a little bit but it's not worth it because say if I do 15 hours a week or 20 or around that, then I might get reviewed and my dsp will get cut off. I'll be better off in the long run not working. Sorry for having this attitude. The 30 hours a week limit is a trap. Work over 8 hours and come review all time your cut off I'm the same, I get so damn bored doing nothing but don't want to fall into the trap of doing a few hours then getting reviewed and they say "hey you're already working so enjoy your dole bro!!" That being said I don't often feel well enough to work but it would be nice to do a few hours in say, a sheltered workshop for a bit extra money. Yes l wonder when they come to choosing the 90,000 for review they will pick on the DSP's with part time work
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Post by quantumranger on Jun 10, 2016 14:57:38 GMT 7
Yeah I want to get a part time job 15 hours or 20 hours stacking boxes or doing something at woolies or kmart or something but then in the future my DSP will get cut and I'll be on newstart. Then I'll have to go employment services fortnightly and probably be making 800 a week which is close to what I'm getting on the DSP not working.
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Post by Deleted on Jun 10, 2016 15:35:14 GMT 7
Edit: Sorry misread
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Post by krystal on Jun 11, 2016 19:07:33 GMT 7
Yes there is a latest case on this. The poorguy worked 25 hours a week for under 2 years. He had one leg and in family business. Hit reviewed this year. Found he did not have an citw. Cancelled dsp. The being able to work up to ,30 hours a wrrkcsme in for those to test their abity to undertake more work. The result now is they will possibly be reviewed and the law will stop their dsp. But only apies to a particular time when you were granted DSP. So yes, it hapoens. The terrible thing for Trenter was that he won at tier 1 appeal, and Centrelink appealed. The decision that he had 20 points was set aside, and he was given 10 points for the amputation and none for the depression, with the Tribunal noting he did not have a report from a clinical psychologist. Trenter started work on October 2013, so at the time of the decision had worked for 25 hrs per week for more than 2 years. What's important is that the member said that had he attracted 20 points on the impairment tables, his 25 hrs would not have meant he failed the CITW test. Another example of the Tribunal just being a backup for Centrelink and not the independent Judicial arm of the government as they are supposed to be. If they didn't deny him on the impairment points , the would have denied him on the CITW. If they can't do it for one reason, they will find another one.
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Post by quantumranger on Jun 11, 2016 21:41:29 GMT 7
I really want a part-time job around 20 hours but then it's not worth getting hit with a review and then getting kicked off DSP
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Post by Deleted on Jun 12, 2016 5:32:22 GMT 7
The terrible thing for Trenter was that he won at tier 1 appeal, and Centrelink appealed. The decision that he had 20 points was set aside, and he was given 10 points for the amputation and none for the depression, with the Tribunal noting he did not have a report from a clinical psychologist. Trenter started work on October 2013, so at the time of the decision had worked for 25 hrs per week for more than 2 years. What's important is that the member said that had he attracted 20 points on the impairment tables, his 25 hrs would not have meant he failed the CITW test. Another example of the Tribunal just being a backup for Centrelink and not the independent Judicial arm of the government as they are supposed to be. I never made it to the AAT but the SSAT was probably one of the most uncomfortable experiences of my life, having questions barked at me by a panel felt like an interrogation and I was almost waiting for them to take me out the back to be shot. They're just another layer of Clink bureaucracy IMO
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