A recipient with a QRE (i.e. a recipient who resides in Australia and is a refugee or a former refugee) satisfies the residential qualification for DSP. These recipients do not require 10 years residence in Australia and it does not matter where the recipient's CITW occurred.
A recipient with less than 10 years Australian residence may qualify if the recipient's CITW (1.1.C.330) arose AFTER their arrival in Australia. If the condition arose before their arrival in Australia, the recipient cannot qualify until they have 10 years residence. A person's CITW arises at the time of the incapacitating accident regardless of the age of the person when this occurred. For recipients with severe congenital abnormalities CITW occurred at birth.
Act reference: SSAct section 7(2) Australian resident, section 7(6) Qualifying residence exemption
The main issue to consider is whether the recipient had a CITW when they became an Australian resident. The following factors are relevant:
Explanation: The fact that a recipient could undertake work in their country of origin but could not work after arrival in Australia, is not conclusive proof that the CITW arose after arrival.
The recipient cannot be considered to have met the requirements of SSAct section 94(1)(c) in Australia, merely because the recipient was not of working age at the time they arrived in Australia.
The delegate must consider:
The recipient's ability to undertake mainstream schooling in Australia may be an indication of when the CITW occurred. For recipients with severe congenital abnormalities, CITW occurred at birth, regardless of when the disability is diagnosed.
Example: A recipient who arrived in Australia as a profoundly disabled child either with their parents or as part of an overseas adoption program. This child would not normally qualify for DSP until they had attained 10 years qualifying residence UNLESS a QRE applied.
Act reference: SSAct section 94(1)(c) A person is qualified for DSP
Policy reference: SS Guide 220.127.116.11 Qualification for DSP - 30 Hour Rule, 18.104.22.168 Qualification for DSP - 15 Hour Rule, 22.214.171.124 DSP Assessment of Continuing Inability to Work - 30 Hour Rule, Part 10 Australian Social Security Agreements
Last reviewed: 7 March 2011