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Reforms in Disability Support Pension in Australia
- 2. MAJOR REFORMS Legislative Changes Assessment Regimes Policies Budgetary Measures Programs 2
- 3. LEGISLATIONS Social Security Act 1991 Employment and Workplace Relations Legislation Amendment Bill 2005 Social Security Determination 2011 3
- 4. Continues…… Social Security and Other Legislation Amendment Act 2012 Social Security Determination 2014 4
- 5. RELATED LEGISLATIONS The Family Assistance and Other Legislation Amendment Act 2011 The Social Services and Other Legislation Amendment Act 2014 5
- 6. ASSESSMENT REGIMES 1987 Impairment Tables 1991 Tables for the Assessment of Impairment for Disability Support Pension 22 Tables 1997 passed by both Houses of the Parliament 6
- 7. Continues… 2006 Medical model to Impairment/Work Capacity model 2010 Simplified assessment process 2012 Impairment Tables- 15 Tables Legislative instrument means can be updated at any time 2014 Program of Support Rule 7
- 8. MEDICAL ASSESSMENT Prior to January 2015, Treating Doctor Report On 12 Dec. 2014 the Government announced new rules Under 35 from January 01, 2015 For others 01 July 2015 8
- 9. Continues… Claimants provide evidence to Centrelink with the support of a GP Job Capacity Assessor assess based on Impairment Tables To Program of Support To Govt. Contracted Doctor for evidence based review of medical conditions 9
- 10. Policy: Participation 2010 Voluntary participation 2010 Area Project Customer Advisor to communicate with new DSP recipients in 3 months and 12 months In 2012 <35 years with work capacity of 8 hours and more, to develop participation plan 2012 <35 years old DSP recipient, Interviews on a quarterly basis for first 18 months and then twice a year. 2014 Compulsory participation 10
- 11. Policy: Hours of work Work capacity/Hours of work Until 2000 People can receive DSP if they have work capacity <30 In 2000 Inability to work reduced from 30 hours to 15 hours per week Before 11 May 2005 DSP recipients could work up to 30 hours before their payment was suspended On or after 11 May 2005 DSP recipients could work up to 15 hours before their payment was suspended In July 2012 DSP recipients were allowed to work up to 30 hours a week continuously for up to two years without having their payment suspended or cancelled 11
- 12. Policy: Client Review 2012 Service Update Review Most at risk not meeting the current eligibility criteria From 1 July 2014, DSP recipients under 35 years of age with an assessed work capacity of eight hours or more per week will be required to participate in ‘compulsory activities’ aimed at assisting them to find employment Reclaims DSP on or after 3 September 2011, is to be assessed under the post 3 September 2011 rules. Means reclaims are treated as new claims 2014:DSP recipients aged under 35 years who were granted DSP between 1 January 2008 and 31 December 2011, eligibility will be reviewed against the revised Impairment Tables From 27 November 2014, DSP starters were required to demonstrate that they had actively participated in a POS 2016 Additional medical reviews over next 3 years targeting those who are risk of not meeting eligibility criteria using 2012 revised Tables 2016 Government planned to send 30,000 DSP recipients for assessment 12
- 13. Policy: Program of Support Rule In September 2011 Government introduced Program of Support rule DSP granted in 2007 would require to undertake POS New applicant must be in a program of support for 18 month within last 36 months to quality for DSP 13
- 14. Continues POS which started before 5 January 2015, It could be partially or wholly funded by the Commonwealth, or it is similar to a program funded wholly or partly by the Commonwealth Programs that started on or after 5 January 2015, is funded wholly or partly by the Commonwealth 14
- 15. POLICY: OVERSEAS TRAVEL July 2012 DSP recipients with severe and permanent with no work capacity can travel overseas indefinitely while retaining their pension Until December 2014, DSP recipients were paid for temporary absences from Australia for up to six weeks, on multiple occasions on a given year From 1 January 2015, DSP recipients will be able to travel overseas for no more than four weeks in a 12 month period and still receive the payment 15
- 16. BUDGETARY MEASURES 2009-2010 Subsidies to employer, a new Health Professional unit at Centrelink 2011-2012 Compulsory Participation 2012-2013 Health Professional Advice Unit audited one percent of recent DSP claim over 12 months period In 2014-15 to review 28,000 < 35 years 2016 subsidies to employers if claimant can be engaged in work for 26 weeks 2016 government planned to review 30,000 in the next three years 16
- 17. PROGRAMS 2003 Job Network DSP Pilot 2006 developed various trials to engage in employment 2012 Participation Plan activities - Work for the Dole, Job Search, Work Experience, Education and Training, and connection with the Disability Employment Services . This will be the first time that participation requirements have been attached to the DSP 2014 Participation plan 17
- 18. CONTINUE INABILITY TO WORK RULE From 1 July 2006, to have a CITW, a person must, among other things, be unable to work for 15 hours or more per week in the next 2 years The DSP claimant made a claim on or after 3 September 2011, are subject to the 15 hour rule 18
- 19. QUALIFICATION Aged between 16 years and the Age Pension age Meet the residency requirements Meet the income and assets tests Permanent physical, intellectual or psychiatric conditions Cannot work more than 15 hours per week 19
- 20. Continues Assessed as having a total of 20 points or more under the Impairment Tables Continuing Inability to Work Medical conditions that have been fully diagnosed, treated and stabilised Participated in POS for 18 months within 36 months 20
- 21. A CRITICAL REVIEW OF THE REFORMS OF DSP DSP Governance ANAO report 2016 discusses the incompetency of DSP implementation by the Government agencies Efficiency, Time lines, 2013-14 almost 23% changed by Review Officers, 23% went to Tribunal, review process up to 12 months Were suitable assessors engaged? 21
- 22. Continue…. Are the current claimants outcome aligned with legislations? Clients profile review- were these appropriately targeted? Documentations of decision? Good practice of administrative law ? It contradicts with Australian Administrative Law Policy Guide 2001 22
- 23. Continue Impairment Tables – Why it took such a long time to reform? An advisory committee recommended to review and evaluate before implementation Program of Support and its referral process? Unclear decisions and not informed decision Inconsistency in assessment 23
- 24. Continues Could be varied decision between Assessor and Centrelink Delegate How does it link to human rights especially ICSER 1966? How do clients group view it? What are the stakeholders’ view about DSP? 24
- 25. References ANAO 2016 Qualifying for the DSP Federal Registrar of Legislation (1991). Social Security Act 1991. Canberra, Federal Registrar of Legislation, Government of Australian. Australian Law Reform Commission (2012). Social Security Disability Support Pension Social Security Act 1991 (Cth) s 96(2) available at http://www.alrc.gov.au/publications/5-social-security/disability-support- pension#_ftnref141 accessed on 14th April 2016 Productivity Commission (2011). Disability Support and Care FaHCSIA (2012). Guide to Social Security Law (2012) <www.fahcsia.gov.au/guides_acts>. 25
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