3.6.2.150 DSP Recipients with Less than 10 Years Residence

Overview

Recipients with less than 10 years residence in Australia (1.1.A.320) do not generally qualify for DSP. There are some exceptions to this, however, which are detailed in the referenced topic.

Qualifying residence exemption

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.

Continuing inability to work arose after arrival in Australia

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

Policy reference: SS Guide 3.6.1.10 Qualification for DSP - 30 Hour Rule, 3.6.1.12 Qualification for DSP - 15 Hour Rule

Factors to consider

The main issue to consider is whether the recipient had a CITW when they became an Australian resident. The following factors are relevant:

• whether the recipient had a CITW when they arrived in Australia,
• the nature and severity of the applicant's impairment at the time of their arrival to Australia,
• whether there has been an improvement or deterioration in the impairment(s) since arrival,
• the recipient's work history before and after arrival,
• whether the type of work performed before arrival, or similar work, exists at award wages in the Australian labour market, AND
• whether the recipient had the skills or physical ability to perform work, at the time of arrival (see explanation).

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.

Recipients under 16 years arriving in Australia

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 nature of the recipient's medical condition (1.1.M.90) at the time they became an Australian resident, AND
• whether the recipient had a CITW at that time.

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 3.6.1.10 Qualification for DSP - 30 Hour Rule, 3.6.1.12 Qualification for DSP - 15 Hour Rule, 3.6.2.110 DSP Assessment of Continuing Inability to Work - 30 Hour Rule, Part 10 Australian Social Security Agreements

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Last reviewed: 7 March 2011