Chapter 8. Disability Support Pension Recipients (Compulsory Participation Requirements)

Supporting Documents for this Chapter:

• Job Plan template for Disability Support Pension Recipients with Compulsory Requirementssign-in required (sign-in required)

• Workforce Australia Job Plan codes and requirements, by Participant Typesign-in required (sign-in required)

8.1. Chapter OverviewCopy citation · §8.1

This Chapter advises Providers of their responsibilities to Disability Support Pension Recipients (Compulsory Participation Requirements) (DSP recipients). These Participants are required to be engaged and participating in at least one compulsory activity to improve their employment prospects and increase their participation in paid work. This compulsory activity may include participation in Workforce Australia Services and will depend on an individual’s circumstance.

DSP recipients without compulsory participation requirements are only eligible for the Online Base Service.

(Deed Reference(s): Clauses 139 and 141)

8.2. DSP recipient referrals to Workforce Australia ServicesCopy citation · §8.2

In most cases, DSP recipients who are under the age of 35 years with a work capacity of 8 or more hours per week (without a child under 6 years) will have compulsory participation requirements.

Services Australia will undertake an assessment of the DSP recipient’s circumstances through:

• the application of the Job Seeker Snapshot, and/or

• an Employment Services Assessment (ESAt) or Job Capacity Assessment (JCA).

Based on the outcome of the assessment the DSP recipient may be referred to Workforce Australia Services.

Services Australia will book an appointment for the DSP recipient with a Workforce Australia Employment Services Provider and notify the DSP recipient of the appointment details.

8.2.1. Can people intending to claim DSP who are undertaking Program of Support receive Workforce Australia Services?Copy citation · §8.2.1

People intending to claim DSP who are undertaking a Program of Support (not eligible for Inclusive Employment Australia or the Remote Australia Employment Service) may be eligible for online or provider-led services while they undertake their Program of Support requirement if they are in receipt of an eligible income support payment. If not, they are only eligible for the Online Base Service.

8.3. ServicingCopy citation · §8.3

8.3.1. Initial InterviewCopy citation · §8.3.1

All eligible Participants must receive an Initial Interview. When preparing for all Appointments, including the Initial Interview, Providers must consider any Site accessibility or other particular requirements of the DSP recipient and ensure these requirements are appropriately addressed. This consideration is based on details in the DSP recipient’s record in the Department’s IT Systems.

(Deed Reference(s): Clause 106.2(b)(ii))

8.3.2. Job Plans for DSP recipientsCopy citation · §8.3.2

The Job Plan for DSP recipients is a Participation Plan for the purposes of Social Security Law.

Providers must negotiate and approve a Job Plan for DSP recipients at the Initial Interview. The Job Plan must be regularly reviewed and updated as necessary to take into consideration the individual’s circumstances.

DSP recipients are not subject to a Points Requirement through the Points Based Activity System (PBAS) and must not have PA09 Points Based Requirements included in their Job Plan. Instead, they are required to have a Job Plan which contains at least one compulsory work-focused Activity and may also contain additional compulsory or voluntary Activities.

The process for creating or updating Job Plans for DSP recipients differs from the workflow for a Participant (Mutual Obligations). See KB0017450 Job Plan – Creating, Updating and Finalising a Job Plan for DSP Recipients.sign-in required (sign-in required)

Examples of Activities and interventions which may be included in a Job Plan for a DSP recipient are listed below.

Note: The Activities included should be based on the DSP recipient’s individual barriers and circumstances.

• ET53 - Apprenticeship/Traineeship (Compulsory (C), Voluntary (V))

• ET59 – Study Part-Time or Full-Time (C,V)

• ET64 – Work Preparation (C,V)

• WE11 – Voluntary Work (C,V)

• WE12 – Work for the Dole (C,V)

• NV02 – Counselling (V)

Note: DSP recipients are not required to undertake Work for the Dole, or other agreed Activities, unless the Activity is included as their one compulsory item in their Job Plan.

Where a DSP recipient advises that they are claiming or receiving mobility allowance, the Provider must ensure that the Job Plan contains:

• to enable payment of the higher rate of allowance:

  • JS05 - ‘Job Search with a Disability – Activity Tested’ (C), or

• to enable payment of the standard rate of allowance, at least one of the following codes:

  • JS04 - Job Search Contacts (V)

  • JS07 - Research and Prepare Applications (C,V)

  • JS09 - Job Search monthly (C,V)

  • JS10 - Job Interviews(C,V)

  • ET64 - Work Preparation (C,V).

DSP recipients must enter into a Job Plan and must comply with the compulsory Appointments and Activities detailed in their Job Plan.

Where they fail to do so, the Provider must consider any change to circumstances before reporting non-compliance for DSP recipients to Services Australia. See the Compliance section of this Chapter.

(Deed Reference(s): Clause 139, 141, 146)

8.3.3. CommencementCopy citation · §8.3.3

DSP recipients are automatically Commenced once the Provider records attendance at the Initial Interview and the DSP recipient has an approved Job Plan with the Provider.

It is the responsibility of DSP recipients to meet their compulsory participation requirements. However, it is important that Providers provide appropriate assistance, depending on the DSP recipient’s circumstances and issues, to ensure they are able to maintain their attendance and participation at scheduled Appointments and activities.

8.3.4. Change of CircumstancesCopy citation · §8.3.4

If a DSP recipient is unable to meet their compulsory participation requirements due to their circumstances the Provider should review the DSP recipient’s Job Seeker Snapshot and conduct a Change of Circumstances Reassessment if it needs updating. The Provider can suggest to the DSP recipient that they discuss any changes of circumstances with Services Australia following the Change of Circumstances Reassessment if appropriate.

If, as a result of an ESAt, a DSP recipient with compulsory participation requirements is referred to Inclusive Employment Australia, the Provider must continue to deliver Services until the DSP recipient has commenced in Inclusive Employment Australia. Once they have commenced in Inclusive Employment Australia, the DSP recipient will be Exited from Services.

8.3.5. DSP recipients with compulsory participation requirements are not required to undertake Work for the DoleCopy citation · §8.3.5

DSP recipients with compulsory participation requirements are not required to undertake a Work for the Dole activity unless this is an agreed activity in their Job Plan. DSP recipients with compulsory participation requirements may be referred to other activities or Complementary Programs such as Voluntary Work, Observational Work Experience, Education and training courses or other Government programs where it is agreed in their Job Plan.

8.3.6. ComplianceCopy citation · §8.3.6

DSP recipients must participate in the compulsory activities detailed in their Job Plan in return for Income Support Payments. Providers are responsible for monitoring the attendance and engagement of DSP recipients in these activities as well as attendance at Appointments and attendance and engagement in compulsory activities.

Where a DSP recipient does not attend an Appointment with their Provider, the Provider must attempt to contact the DSP recipient on the day of non-attendance.

Where a DSP recipient does not attend an activity on a particular day or days, the Provider must attempt to contact the DSP recipient on the same Business Day that they become aware of the non-attendance.

Where contact can be made with the DSP recipient, the Provider must discuss the non-attendance with the DSP recipient and consider whether the DSP recipient has a reasonable excuse for the non-attendance.

Where contact cannot be made with the DSP recipient, Providers can decide whether it is appropriate to report the non-attendance to Services Australia. Providers must consider certain factors to ascertain whether the DSP recipient had a reasonable excuse, including the DSP recipient’s:

• personal circumstances,

• system-recorded vulnerability indicators (if any),

• recent compliance history, and

• any other information the Provider believes is relevant.

Services Australia will investigate and determine what impact, if any, this should have on the DSP recipient’s Income Support Payment.

The Provider should book another Appointment for the DSP recipient to attend following the submission of the report to Services Australia.

Where the Provider chooses not to report the non-compliance, they must use another engagement strategy to ensure the DSP recipient meets their compulsory participation requirements at the next available opportunity.

(Deed Reference(s): Clause 146)

• System step — The Provider must complete and submit a Disability Support Pension Activity Report to Services Australia through the Department’s IT Systems where the Provider assesses that no reasonable excuse exists and they choose to report it. To do this, navigate to the ‘create compliance’ page in the Department’s IT Systems, select the report and complete and submit. This must be submitted within 10 Business Days of the incident date.

8.4. Suspensions and ExitsCopy citation · §8.4

8.4.1. Caseload SuspensionsCopy citation · §8.4.1

• System step — Note: In this Caseload Suspensions section, the term Suspension has the meaning outlined in Attachment 1 – Definitions of the Workforce Australia Services Deed of Standing Offer 2022-2028. Suspension means a period of time as specified in the Department's IT Systems, during which a Participant is not obliged to participate in Workforce Australia Services – in effect they are ‘suspended from the caseload’. The use of the word Suspension in this part, does not relate to the suspension of an Income Support Payment under the Targeted Compliance Framework.

DSP recipients with compulsory participation requirements can be Suspended from Service where:

• Services Australia applies an Exemption, or

• they have a temporary reduced work capacity of less than 8 hours per week.

Services Australia can grant temporary incapacity exemptions for DSP recipients with compulsory participation requirements for up to two years based on the medical practitioner's advice on the medical certificate. For further information see 'Getting a medical certificate' on Services Australia’s Website.

The Provider must provide Services if a Suspended DSP recipient with compulsory participation requirements wishes to voluntarily participate in Services. See KB0017166 - Employment Systems Task Cards - Workforce Australia - Caseload - Adding a volunteer period for a participantsign-in required (sign-in required).

Providers must resume delivery of services where a Suspension ends.

(Deed Reference(s): Clause 115, 116, 117)

8.4.2. ExitsCopy citation · §8.4.2

A DSP recipient may be Exited from Services where they:

• are no longer in receipt of Income Support Payments, or are granted an Income Support Payment without compulsory requirements, or

• are no longer subject to compulsory participation requirements (for example, they turn 35 years of age or are reassessed by Services Australia as having a work capacity of 0‑7 hours), or

• are undertaking a compulsory activity agreed with Services Australia that is not Workforce Australia Services, or they have commenced in Inclusive Employment Australia or RAES.

(Deed Reference(s): Clause 118)