The Disability Support Pension is a Centrelink payment that provides financial support to people who have a physical, intellectual or psychiatric impairment and who have a continuing inability to work.
Services Australia has produced a number of short information videos regarding the Disability Support Pension including one entitled “Are You Eligible for the Disability Support Pension?” The short videos can be accessed via the Services Australia - YouTube Channel.
There are a number of eligibility criteria that a person must meet to be approved for the Disability Support Pension (DSP). Generally speaking, the DSP is available to people who have a permanent medical injury that results in incapacity to work.
To be eligible for the DSP, a person must:
See Social Security Act 1991 (Cth) ss 7 and 94; Social Security (Administration) Act 1999 (Cth) s 28.
A person can also be eligible for the DSP if they are 16 years of age and over, meet the residence requirements, and have been assessed as being permanently blind [Social Security Act 1991 (Cth) s 95]. A person who is permanently blind also does not have to demonstrate a continuing inability to work in order to remain eligible for the DSP.
To assess whether a person meets the eligibility requirements, Centrelink requires medical evidence that outlines the person’s injury, illness or impairment. In most instances this will be a person’s medical records which can include medical reports, medical imaging reports, hospital records, etc. For psychological impairments, a report from a clinical psychologist or psychiatrist must be provided [see Social Security Act 1991 (Cth) s 94; Social Security (Administration) Act 1999 (Cth) s 63]
To be eligible for the DSP, a person must have an impairment rating of 20 points or more on the impairment tables [Social Security Act 1991 (Cth) s 94]. A person’s permanent medical impairment is assessed against the impairment tables, and a rating is given. A copy of the impairment tables can be found on the Federal Register of Legislation.
The requirement to have actively participated in a program of support before being eligible to receive the DSP usually means a person has undergone a program with an Employment Services Provider or Disability Employment Service Provider, often while receiving the Newstart Allowance. There are exemptions, however, from the requirement to participate in a program of support, such as where a person has a severe impairment (20 or more points under one impairment table) [See Social Security Act 1991 (Cth) ss 94(2) s 94(3)], s 94(3B)], 94(3C), s 94(4), s 94(5)].
As applications for DSP can take longer to process, a person can receive Newstart Allowance or Youth Allowance as a provisional payment until their DSP application is approved [see Social Security Act 1991 (Cth) s 540A(1)(c); s 593(1B)].
After being approved to receive the DSP, Centrelink can review a person’s ongoing eligibility at any time. If a review results in their DSP being cancelled, they can appeal this decision.
The Disability Support Pension is often misunderstood in terms of eligibility. Legal advice should be sought if any adverse decision is made and an appeal is being considered.