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FOI/LEX 83089 - Page 1 of 46
s22
Commencing or returning to work or self-employment Disability Support Pension (DSP)
008-03100010
Currently published version valid from 11/01/2025 1:29 AM
Background
s22
This document outlines information about the reassessment of Disability Support Pension
(DSP) when a customer commences or returns to work or self-employment.
Permanently blind
DSP customers assessed as being manifestly eligible due to permanent blindness are:
• exempt from the pension income and assets test, unless they are also claiming Rent
Assistance (RA), and
• able to work an unlimited number of hours per week, and
• not required to report each fortnight to receive their own pension
Claiming RA - permanently blind DSP customer
Services Australia calculates the rate of DSP using the pension income test and assets test.
Customers must report their income fortnightly to ensure they get the correct rate of payment.
Not claiming RA - partner of a permanently blind DSP customer
A partner who receives an income support payment that is subject to an income
test,
must report the permanently blind customer's income, as it may affect their rate of income
support payment.
Mobility Allowance (MOB) customers
If a MOB customer is receiving DSP and commences, or returns, to work of 15 hours or more per
week, they are entitled to the higher rate of MOB. This is actioned automatical y when their
relevant employment income and hours information is recorded.
If a DSP customer is receiving the higher rate of MOB and commences working 30 hours or more
per week and therefore is no longer qualified for DSP, they may stil be eligible for MOB. If DSP is
no longer payable due to employment income and the MOB customer is stil working at least 15
hours per week, they may continue to be paid the MOB higher rate.
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FOI/LEX 83089 - Page 2 of 46
Hours for the higher rate of MOB must be recorded separately for customers no longer required
to report. This includes Disability Support Pension (Blind) (DSB) customers.
For more information and coding, see Rates for Mobility Al owance.
Types of work
In addition to working independently, work may also include employment:
•
with an Australian Disability Enterprises (ADE) (formerly known as Business Services or
Disability Supported Employment (DSE))
•
under the Supported Wage System (SWS)
•
undertaken with ongoing support from a Disability Employment Services (DES) provider
Employment income
DSP is subject to the pension income test. A DSP customer must notify their gross income from
employment and hours worked.
When a customer has employment income, and:
•
is
under Age Pension age - Working Credits may al ow the customer to keep some of
their income support payment while they are working
•
is
of Age Pension age and receiving a pension, excluding Parenting Payment Single
(PPS), they may be eligible for the Work Bonus
•
their income
reduces their fortnightly rate to nil and some of that income is
employment income, the customer's payment may remain current at nil rate for up to 12
fortnights. The customer may also retain their Pensioner Concession Card (PCC) during
this period
as long as they stil qualify for DSP
Reporting income
Most DSP customers can report employment income and hours worked through self service
using:
•
Centrelink online accounts
•
Express Plus Centrelink Mobile App
•
Phone self service for customers
Make genuine attempts to transition customers to report via self service options before assisted
reporting is completed, unless an exception applies.
Reporting requirements for DSP customers:
•
Required to report 2 weekly if they have employment income
FOI/LEX 83089 - Page 3 of 46
• If a DSP customer’s partner is receiving an al owance and is on 2 weekly reporting or
variable lodgement of the Application for Payment (SU19), the DSP customer is also
required to report their income details every 2 weeks
If employment income precludes payment, DSP is automatical y suspended under the Return
to Work provisions after any Working Credits are depleted and the customer has had 12
consecutive fortnights at employment income nil rate.
If the customer reports that they are working 30 or more hours per week, then DSP may need to
be suspended prior to the end of the nil rate period.
Use Recording and correcting employment income details to record employment income.
Customers must keep their own record of the hours worked and employment income paid so
their payment is not delayed while waiting for this information from their employer. Employment
income worksheets (SU505) are available to help customers keep track of the hours they work
and the amounts they are paid. The worksheet is available on the Services Australia website.
Employment income is electronical y reported by an employer for a customer where:
• they are employed by an Australian Disability Enterprise (ADE)
• they have provided consent (SS407), and
• the employer has signed a Privacy and Security Agreement (AH940)
Hours of work
DSP customers are able to work indefinitely for
less than 30 hours per week without losing
eligibility for their DSP, subject to the income test. This applies even if their Continuing Inability
to Work (CITW) was assessed under the 15 hours per week rule when they claimed DSP.
If a DSP customer starts work of 30 hours a week or more, their DSP can be suspended for up to
2 years, provided they notify within 14 days. This al ows their payment to be restored if they stop
working or reduce their hours within that time, without having to lodge a new claim. The intent of
this rule is to al ow people to test their ability to take on more work while maintaining the safety
net of DSP payments.
DSP customers must advise their hours of work when reporting employment income. Where a
DSP customer has worked equal to or greater than 60 hours for 2 consecutive fortnights, a
Manual Follow-up (MFU) activity is created. Service Officers must assess if suspending the
payment under the Return to Work provisions is appropriate due to exceeding al owable work
hours.
Hours of work - working in ADE, SWS or with support from DES
DSP is
not to be suspended or cancel ed due to the number of hours worked, where the
customer is working:
• for an Australian Disability Enterprises (ADE), formerly known as Business Services or
Disability Supported Employment
• in the Supported Wage System (SWS)
FOI/LEX 83089 - Page 4 of 46
• with support from a Disability Employment Service (DES) Employment Support Service
(ESS) or Disability Management Service (DMS) provider, where the customer has not
completed a 52 week employment outcome
• with a moderate or high level of ongoing support from a DES (ESS) provider after a DES
52 week employment outcome
This is because DSP customers who meet any of the above criteria are not considered to be
working independently.
DSP customers
are subject to the 30 hour rule and may have their DSP suspended/cancel ed
where they are employed after the DES 52 week employment outcome, and receiving:
• ongoing support through a DES Disability Management Service (DMS) provider, or
• the flexible level of ongoing support through a DES-ESS provider
Customer notifies within 14 days
DSP is suspended for up to 2 years if the customer notifies
within 14 days of commencing or
returning to work:
• for 30 hours or more per week at the relevant minimum wage
and they expect to be
working at this rate on a long-term basis (for example, 4 weeks or more),
or
• where their income reduces the rate of DSP to nil on a long term basis
If DSP is reduced to zero because of income, any
Working Credits are offset against their
employment income first and DSP does not suspend until after the Working Credits have been
depleted. This does not apply to income from self-employment.
If the customer becomes eligible again while DSP is suspended, payment can be restored
without the need for a new claim. If the DSP suspension continues beyond 2 years, DSP is
automatically cancelled.
Customer notifies outside of 14 days
DSP is cancelled for customers who notify
outside of 14 days of commencing or returning to
work. Although the payment is cancel ed, the legislation al ows for it to be restored with a 2 year
period so is considered cancelled deemed suspended.
Where the notification occurred outside of 14 days, investigate any overpayment made after
Working Credits are applied.
Customer fails to notify
DSP must be cancelled if a customer
does not notify, and Services Australia is made aware of
this information more than14 days after the change in circumstances.
DSP cannot be suspended or deemed to be suspended and must be cancel ed from the date
work commenced, or if employment income is known, the date Working Credits are ful y
depleted.
The customer must make a new claim if they want to re-test eligibility for DSP.
Customer commences self-employment
FOI/LEX 83089 - Page 5 of 46
When a DSP customer commences self-employment, there must be consideration given to
whether they have a long-term capacity to work 30 hours or more per week.
Income from self-employment cannot be offset against a customer's Working Credit balance. If
the customer's (or their partner's) income reduces their rate to nil and is from self-employment
only, payments are to be suspended/cancel ed depending on when they notified, and without
the benefit of depleting their Working Credit balance.
A customer who works 30 hours or more per week in self-employment may still qualify for DSP.
This depends on the nature of the work performed and whether it equates to 30 hours or more
per week in open employment. If it is determined that the nature of the duties performed in their
self-employment equates to work of 30 hours or more per week in open employment, and they
notified within 14 days, their DSP is suspended for up to 2 years, and they may be eligible for
a Special Employment Advance (SEA). If they notify outside 14 days, they are to be cancel ed
deemed suspended and if they do not notify, their DSP is to be cancel ed.
If the customer is stil eligible for DSP, there is a requirement to assess and record self-
employment income. The customer needs to provide the relevant information regarding their
business within 14 days. See Changes to income and assets from a business structure.
Alternative payment while DSP suspended/cancelled - RTW
During the suspension or deemed suspension (cancel ation) period, customers can claim an
alternative payment such as JobSeeker Payment (JSP) or Youth Al owance (YA) if eligible. DSP
can be reinstated within 2 years, in which case, the alternative payment must be cancelled.
Effect on partner's payment
If DSP is suspended or deemed suspended (cancelled) and the customer's partner receives
DSP, Age Pension or Carer Payment (CP), the partner’s payment may also be suspended for up
to 2 years if they enter an employment income nil rate period.
If DSP is reinstated because the customer ceases work or reduces their hours, their partner’s
payment can also be reinstated, if they are stil eligible.
Details of the DSP customer's income are to be obtained as any payments received by them
may affect their partner under the income test rules that apply to their payment.
Partner earns income
If a DSP customer has a partner who receives DSP or Age Pension, and their partner starts
earning Australian employment income that precludes payment of DSP to the customer, then
the customer’s DSP can be suspended at the end of the employment income nil rate period.
If the partner being paid employment income is not receiving DSP or Age Pension, the
customer’s DSP is to be cancel ed after 12 consecutive fortnights at employment income nil
rate. This is because none of the employment income is paid to the DSP customer, and they are
not considered to be eligible for an extended employment suspension period.
If the DSP customer starts to be paid employment income or has an increase in employment
income and this, combined with the partner’s income, precludes payment, the customer's DSP
may be suspended.
Concession cards
FOI/LEX 83089 - Page 6 of 46
If a customer commences employment, they may continue to be qualified for a Pensioner
Concession Card (PCC) after their DSP is suspended/cancel ed due to employment income or
working 30 or more hours per week.
If the customer’s DSP is:
•
suspended because of a DSP or Age Pension partner’s employment income, the
customer may continue to be qualified for a PCC
•
cancelled solely because of a partner's employment income, the PCC entitlement is
cancelled on the same day that DSP is cancelled
Telephone Allowance
DSP customers who are under 21 years of age with no dependent children, (and their partner, if
applicable) wil maintain qualification for Telephone Al owance (TAL) and receive the quarterly
payment of TAL for a further 12 months fol owing suspension or cancel ation of DSP due to
employment.
Customers with children
If a DSP customer or partner receives Family Tax Benefit (FTB) or Child Care Subsidy (CCS),
check if the customer needs to revise their current family assistance income estimate and
advise the customer of the choices available to help reduce the chance of an overpayment
during the reconciliation process.
Advice about support for employment
DSP customers receive an automatic letter when:
• they report employment income
• they have an ongoing increase in their income of 5 per cent or more, or
• their DSP payment is suspended or cancel ed using an employment-related DSP code
This letter provides employment support information to assist them to remain in the workforce
and does not require action by the customer.
DSP participation requirements
DSP customers with participation requirements who commence or return to work are required
to attend their DSP initial participation interview and sign a DSP Participation Plan. They are
required to attend fol ow-up participation interviews once a year regardless of their interview
cycles while the customer is employed. Customers with no reported income for 6 weeks are
placed back in the normal participation cycle.
DSP customers who are suspended RTW as they are working 30 hours or more per fortnight or
employment income has precluded payment, are not required to attend any DSP
participation interviews.
DSP customers in an extended employment suspension period because of their DSP or Age
Pension partner’s employment income, are not required to attend any DSP
participation interviews.
Voluntary work
FOI/LEX 83089 - Page 7 of 46
DSP customers who advise they are commencing or undertaking voluntary work do not lose
qualification for DSP.
However, customers should be advised they may benefit from a referral to an Employment
Services Provider.
The Resources page contains tables with:
• Date of Effect rules for DSP Suspensions/Cancel ations (Deemed Suspended) and
relevant legislation
• interaction between Suspension/Cancel ed (deemed suspended) and 12 fortnights at
employment income nil rate
• examples for DES support and short-term employment
Related links
Cal ing a customer or returning a customer's cal
Change of circumstances for Mobility Al owance (MOB) customers
Changes to income and assets from a business structure
Coding income from the Support Wage System (SWS)
Conducting interviews for Disability Support Pension (DSP) customers with participation
requirements
Creating a manual letter or Online Advice (OLA)
Determining the Date of Event for employment income
Disability employment assistance services and programs
Disability Support Pension (DSP) letters and advices
Disability wage subsidies
Eligibility criteria for participation with Disability Employment Services (DES)
Employment assistance for people with a disability
Employment income nil rate period
Extended entitlement to Concession Cards
Factors to determine self-employment
General notification provisions and exceptions
Participation requirements for Disability Support Pension (DSP) customers under 35 years of
age
Partner commencing or returning to work
Pensions income and assets tests
Rates for Mobility Al owance
FOI/LEX 83089 - Page 8 of 46
Recording and correcting employment income details
Reporting overview
Requesting information (CLK)
Restoration of Disability Support Pension (DSP)
Self-employed or employee?
Special Employment Advance (SEA)
Supported Wage System (SWS)
Transitional rules for pension customers who were on payment at 19 September 2009
Wages and conditions of employment
Work Bonus and balance for pensioners of Age Pension age
Working Credit
Process
This document outlines information about the reassessment of Disability Support Pension
(DSP) when a customer commences or returns to work or self-employment.
On this page:
Types of employment
Coding employment details
Coding suspension or cancel ation of DSP
DSP customer commences or returns to self-employment
Reviewing further action
Types of employment
Table 1
Step
Action
1
Commencement of employment + Read more ...
• If a customer is receiving DSP and commences, or returns to, work of 15
hours or more per week, they are entitled to the higher rate of MOB. This is
actioned automatical y once the relevant information is coded on their
record.
If DSP is suspended or cancel ed (deemed suspended) due to hours
worked or preclusion of payment due to employment income, and the
FOI/LEX 83089 - Page 9 of 46
customer is stil working 15 hours or more for MOB purposes, see Rates
for Mobility Al owance (MOB) for details on processing
• If the partner of a DSP customer commences work and the
partner is:
o
not in receipt of an income support payment (ISP), see Partner
commencing or returning to work. Procedure ends here
o
in receipt of Age Pension, see Commencing or returning to work
for Age Pension
o
in receipt of another ISP, see the relevant Operational Blueprint
for the partner's payment
• If the customer is permanently
blind, see Table 5, Step 3
• If Services Australia identifies a customer has returned to work (advice
received from a third party or through internal investigation) and it is
outside the notification period (that is, 14 days since work
commenced)
and prior to the customer contacting to advise of
commencement, see Table 3, Step 2
Customer notifies commencement of, or return to, work
If the customer has commenced or returned to:
•
self-employment, go to Step 2
• work through
an Australian Disability Enterprises (ADE), formerly known
as Business Services or Disability Supported Employment (DSE), go to
Step 3
•
work with current or ongoing support from a Disability Employment
Service (DES), go to Step 4
• participating in
the
Supported Wage System (SWS), go to Step 5
• working in
open employment, go to Step 6
2
Customer advises they have commenced self-employment + Read more ...
Decide which business structure they are operating and request the appropriate
documentation:
• Module F - Business details - partnerships
• Module F - Sole Traders
• Module PC - Private Company
• Module PT - Private Trust
Send a Request for Information (RFI) letter to the customer to return the
documentation within the allowable time for the customer's location and
circumstances. See Requesting information (CLK).
FOI/LEX 83089 - Page 10 of 46
Record the details on a
DOC. Procedure ends here until documents are returned.
Upon return of documentation, see Table 4, Step 1.
3
Australian Disability Enterprises (ADE) + Read more ...
Previously known as Disability Supported Employment or Business Services.
• While working in an ADE, DSP customers do not lose qualification for DSP
based on their hours of employment as they do not receive the relevant
minimum wage
• DSP payments are not to be suspended under the Return to Work
provisions due to hours while in supported (sheltered) employment
• A customer can consent for the ADE to report their employment income
directly to Services Australia on a regular basis via Electronic Employer
Reporting (EER). The amount reported by the employer is taken to be the
income for ADE customers therefore they do not need to report separately
•
DOC the customer's record including details of employment with ADE
and the reason DSP is not suspended/cancel ed due to hours worked
• Reported income is assessed under the pensions income test
Procedure ends here.
For ADE customers whose income is not being reported via EER, see Table 2, Step
1 as they are stil required to report their employment income.
4
Disability Employment Services (DES) + Read more ...
A customer’s hours of work wil not affect their eligibility for DSP if they are
working with support from:
• a Disability Employment Service’s (DES) Employment Support Service
(ESS) or Disability Management Service (DMS) provider, and have not
completed a 52 week employment outcome, or
• a DES (ESS) provider after the DES 52 week employment outcome, with
moderate or high level of ongoing support
In all other cases (including where the customer has passed the 52 week
employment outcome and is on the DES (ESS) flexible level of ongoing support),
the customer is considered to be working independently, go to Step 6.
The customer’s DES participation status must be confirmed by:
• checking the Referral Summary s47E(d) screen. If the referral status is
displayed as ‘placed’, then they are currently participating
• contacting the customer’s DES (ESS) provider by phone to determine if
the customer is receiving ongoing support, and if so, the level of support
FOI/LEX 83089 - Page 11 of 46
being provided (that is, flexible, moderate or high). Details of the
discussion must be documented on the customer's record
Although the customer may remain on DSP despite the hours they are working,
they are stil required to report their employment income. See Table 2, Step 1.
5
Participating in Supported Wage System (SWS) + Read more ...
A customer who participates in the SWS continues to qualify for DSP, subject to
the pension income and assets test. This is because they do not receive the
relevant minimum wage and are not considered to be working independently.
A customer participating in SWS is not precluded from undertaking non-SWS
work. Employment details must be coded on s47E(d) with an Income Type
of s47E(d)Earnings from Employment) if the employment was not ADE or SWS/DES
Ongoing Support.
Note: if a Service Officer has concerns about the number of
hours the customer is working and their ongoing DSP eligibility, discuss with Local
Peer Support (LPS) and they can escalate to Level 2 Helpdesk for further advice if
required.
See Coding income from the Supported Wage System (SWS).
Procedure ends here.
6
Open Employment + Read more ...
A DSP customer is considered to be working in open employment if they are
receiving the relevant minimum wage. The relevant minimum wage is the
national minimum wage or the relevant award wage.
DSP customers working indefinitely up to 30 hours per week in open employment
do not lose qualification for DSP and wil remain current at an employment
income nil rate for a period of up to 12 consecutive fortnights if their employment
income precludes payment.
If the DSP customer has a partner who is also receiving an income support
payment, and the DSP customer starts work, the employment income
must be
coded to prevent an overpayment on the partner's record.
A DSP customer commencing, or returning to, work of 30 hours or more per week
in open employment is to be suspended or cancel ed under the Return to Work
provisions.
Note: where a DSP customer has worked equal to or greater than 60 hours for 2
consecutive fortnights, a Manual Fol ow-up (MFU) activity is created. s47E(d)
FOI/LEX 83089 - Page 12 of 46
See Table 2, Step 1.
Coding employment details
Table 2
Step
Action
1
Employment details + Read more ...
A customer can notify a change in circumstances:
• in writing
• by attending a service centre
• by phoning Centrelink
• using self service facilities
If a DSP customer is working less than 30 hours per week but their income
precludes payment, and some of that income is employment income (theirs or
their partner’s), they remain current at an employment income nil rate for a period
of up to 12 consecutive fortnights provided they continue to meet the
qualification requirements for DSP
If a DSP customer commences, or returns to, work of 30 hours or more per week
at the relevant minimum wage, they are not entitled to the employment income
nil rate period, and their payment is to be suspended/cancel ed under the Return
to Work provisions, after depletion of Working Credits if applicable.
If a DSP customer has commenced or returned to work and:
• is working with moderate or high ongoing support from a DES (ESS)
provider, go to Step 3
• working with an Australian Disability Enterprise (ADE), go to Step 4
• declines to provide employment income details, go to Step 2
• does not currently know employment income details, go to Step 5
• can provide employment income details, go to Step 6
2
Customer declines to provide employment income/hours details + Read more
...
If the customer declines to provide employment income/hours details, they are
not able to access their Working Credit balance.
If the customer notified the change of circumstance within 14 days, suspend
DSP using the Customer First Benefit Action (s47E(d) screen using the fol owing
codes:
FOI/LEX 83089 - Page 13 of 46
• s47E(d)
: DSP
• s47E(d) SUS
• s47E(d) FTW (Return to work - notified within 14 days)
• s47E(d
)
o if notification is within the same entitlement period the customer
commenced work, suspend from the Entitlement Period Start Day
(EPSD) of the fol owing entitlement period
o if notification is within 14 days of the customer commencing work
but outside the same entitlement period as the change, suspend
from the day after the notification period (that is, Day 15)
o See the Resources page for examples and relevant SSAA sections
If the customer notified the change of circumstance outside 14 days, cancel
DSP via the Benefit Action (s47E(d)) screen in
Customer Record using the fol owing
codes:
• s47E(d) DSP
• s47E(d) CAN
• s47E(d)
: FTY (Return to work - notified outside 14 days)
• s47E(d cancel from the day the customer started work
)
• See the Resources page for examples and relevant SSAA sections
A letter is automatical y issued advising the customer their payment has been
suspended or cancel ed and explain it may be restored within 2 years if their
hours of work reduce to less than 30 per week.
If the customer has a partner who is receiving Age Pension, DSP, or Carer
Payment, the partner is also eligible to have their payment suspended for up to 2
years if they enter an employment income nil rate period. If the partner is entitled,
the suspension (EPP) is applied automatical y. This may occur after the customer
becomes suspended, depending on when the partner’s payment was/is reduced
to nil due to employment income. See Extended suspension periods for pension
payments.
Complete a s47E(d) to document outcome. Use s47E(d)
and select s47E(d) Select/delete information depending on customer’s
situation.
See Table 5, Step 1.
3
DES (ESS) participant receiving moderate or high ongoing support + Read
more ...
FOI/LEX 83089 - Page 14 of 46
To make sure the customer's payment does not suspend due to hours worked,
the initial coding of Type of Employment Income must be manual y coded. Once
this coding is set up, customers can report future employment income online.
• Run the Process Direct s47E(d)
Note: if the workflow is unavailable manual y, update al details on
the s47E(d) screen by selecting the relevant employer or creating a new
one, and coding the Employment Income Paid Details s47E(d screen
)
• Code s47E(d)
• Code s47E( field - as date employment income was paid
d)
• Code the amount of gross employment income paid
• Code the hours worked within the reporting period
• If the customer's employment income varies, make sure their reporting
frequency is correct as they wil need to report their employment income
on a fortnightly basis
• Finalise the activity
Advise the customer of their employment income reporting requirements. They
must notify any changes to their circumstances within 14 days of the change or
on their Entitlement Period End Day (EPED).
Explain the benefits of advising within the notification period including
access to Working Credits and their payment not cancelling for failing to
report.
Document record with details of action undertaken and any relevant discussion
points with the customer.
Procedure ends here.
4
ADE participant not reporting income through Electronic Employer Reporting
(EER) + Read more ...
To make sure the customer's payment does not suspend due to hours worked,
the initial coding of Type of Employment Income must be manual y coded. Once
this coding is set up, customers can report future employment income online.
• Run the s47E(d)
in Process Direct.
Note: if the workflow is not available, manual y update al details on
the s47E(d) screen by selecting the relevant employer or creating a new
one, and coding the Employment Income Paid Details s47E(d screen
)
• Code
Type of Employment Income: as
Aust. Disability Enterprises
s47E(
d)
• Code s47E(d)field - as date employment income was paid
• Code the amount of gross employment income paid
FOI/LEX 83089 - Page 15 of 46
• Code the hours worked within the reporting period
• If the customer’s employment income varies and their employment
income is not being reported via EER, make sure their reporting frequency
is correct as they wil need to report their employment income on a
fortnightly basis
• Finalise the activity
Advise the customer of their employment income reporting requirements. They
must notify any changes to their circumstances within 14 days of the change or
on their Entitlement Period End Day (EPED).
Explain the benefits of advising within the notification period including
access to Working Credits and their payment not cancelling for failing to
report.
Document record with details of action undertaken and any relevant discussion
points with the customer.
Procedure ends here.
5
Customer does not currently know employment income details + Read more
...
If the customer’s employment income pay date is not within the current
entitlement period but they have commenced work, place them on fortnightly
reporting. Discuss self service reporting options. Advise them they must report
the hours worked in the reporting period on their initial Entitlement Period End
Day (EPED), and employment income and hours on the fol owing EPEDs.
If work is not starting until a future entitlement period, advise the customer they
must contact Services Australia within 14 days after the date they are paid
employment income.
Advise the customer of their employment income/hours reporting requirements.
They must notify any changes to their circumstances within 14 days of the change
or on their EPED.
Explain the benefits of advising within the notification period
including access to Working Credits and suspension under the Return to
Work rules rather than cancelling for failing to report. Document record with
details of any action undertaken and relevant discussion points with the
customer.
Procedure ends here.
6
Code employment details and determine reporting requirements + Read more
...
Determine the most appropriate reporting regime for the customer.
If the customer is working less than 30 hours per week, make sure their reporting
frequency is correct.
FOI/LEX 83089 - Page 16 of 46
Customers with employment income and receiving an income support payment
must report fortnightly regardless of whether they have mutual
obligations/participation requirements or not.
The only exception is if a pension customer meets the Pension Monthly Exception
Rule.
See Reporting overview for more information on reporting.
If the customer’s employment income is not already coded, promote the use of
self service to report and update employment income. If the customer is unable
to use self service options, the fol owing employment details may be required
depending on reporting frequency, before manual coding can be completed:
• Employer's name, ABN, phone number and/or address
• Employment status (for example, FTO ful -time ongoing, PTC part-
time/casual)
• Income type (for example, EAR, ADE, SWS/DES)
• Date commenced
• Amount
• Date gross employment income is paid
• Duration of employment to determine if temporary or ongoing
• Hours worked
Code the hours worked and employment income amount via Recording and
correcting employment income details in Process Direct using coding covered
in Determining the Date of Event for employment income. Once any Single Touch
Point (STP) employment income is confirmed/updated, the workflow wil go to
the s47E(d) screen where hours worked must be coded as wel as any non-STP
employment income.
If the customer has variable earnings, code an IOP event with the employment
income details. A separate HOP frequency must be coded for the hours worked in
the fortnight. If the customer has worked but not yet been paid, only the HOP
event is to be coded for the entitlement period.
Advise the customer of their employment income/hours reporting requirements.
They must notify any changes to their circumstances within 14 days of the change
or on their Entitlement Period End Day (EPED).
Explain the benefits of advising within the notification period including
access to Working Credits and suspension under the Return to Work rules
rather than their payment cancelling for failing to report.
Document record with details of any action undertaken and relevant discussion
points with the customer.
FOI/LEX 83089 - Page 17 of 46
7
View the Assessment Results s47E(d
)
screen + Read more ...
Check the s47E(d) screen to see the effect of combined income on payment after
coding the employment income.
If the customer is working:
•
30 hours or more per week
at or above the relevant minimum wage, go to
Step 10
•
less than 30 hours per week
at or above the relevant minimum wage,
check if combined income reduces the customer's DSP to nil. If income:
o
precludes payment, go to Step 9
o does
not preclude payment, go to Step 8
8
Continuation of DSP + Read more ...
DSP wil continue to be paid as
income does not preclude payment and the
hours are less than 30 per week.
• Record any employment details not included on s47E(d) on a
DOC
• Finalise the activity
• Check if the customer is eligible for a Special Employment Advance
(SEA) and if so invite them to lodge an application
• If eligible for the higher rate of MOB as working 15 hours or more per week,
check that rate has automatical y been applied if hours have been coded
• Advise the customer of the outcome and the requirement to notify any
changes including fluctuating fortnightly employment income
• Make sure reporting frequency is correct for the customer's
circumstances. Explain the benefits of advising within the notification
period including access to Working Credits and their payment not
cancel ing for failing to report
• If the customer did not notify within 14 days, investigate a possible
overpayment. See Debt identification
Procedure ends here.
9
Working less than 30 hours per week but combined income reduces DSP to
nil + Read more ...
Note: this provision only applies if the DSP customer is earning employment
income (that is, the employment income is not solely earned by the partner). If
the partner is not getting Age Pension, DSP or Care Payment, and solely earns the
employment income, the DSP customer wil remain current throughout the 12
FOI/LEX 83089 - Page 18 of 46
employment income nil rate fortnights, subject to the income test, and then
cancel 12P.
When the customer's Working Credits are depleted or using the Work Bonus
results in a nil rate, DSP is automatical y
suspended due to employment income
(EAN) after 12 consecutive fortnights at the employment income nil rate.
Statement reporters must continue to report each fortnight during this period.
The suspension (SUS EAN) wil occur even if the customer has reported late. The
status line wil show as DSP/RTW once the activity is finalised.
If the customer has a partner who is receiving Age Pension, DSP, or Carer
Payment, the partner is also eligible to have their payment suspended for up to 2
years if they enter an employment income nil rate period. If the partner is entitled,
the suspension (SUS-EPP) is applied automatical y when the customer’s DSP is
suspended. See Extended suspension periods for pension payments.
DSP can remain suspended for up to 2 years and be restored within that period if
the customer contacts to advise there has been a reduction in their, or their
partner's, paid employment income if both are receiving employment income,
and it is now below the threshold.
The 2 year suspension period commences from the start of the nil rate period.
For example:
• customer becomes nil rate on 23/7/22
• remains on employment income nil rate for 12 fortnights
• DSP automatical y suspended EAN on 15/10/22
• 2 year suspension period ends on 23/7/24 (2 years from date payment
became nil rate)
See Table 5, Step 1.
10
Determine if work is long-term + Read more ...
The intention of Section 96 (Return to Work provisions) of the Social Security
(Administration) Act 1999 is to cover customers who are likely to be working on
a
long-term basis.
The Return to Work provisions apply to DSP recipients who start work or increase
their employment income on a long-term basis. The suspension provisions do not
apply to those who are ordinarily unable to maintain such work on a long-term
basis.
Ask the customer if the work is short or long term. If the customer did not contact
in person or by phone, and the period of employment is not clear, the Service
Officer can cal the customer to check. See Cal ing a customer or returning a
customer's cal .
FOI/LEX 83089 - Page 19 of 46
If not able to gather the information verbal y, a letter may need to be issued.
See Creating a manual letter or Online Advice (OLA).
s47E(d)
s47E(d)
Is work expected to be long-term?
•
Yes, go to Step 12
•
No, go to Step 11
11
Work is short-term + Read more ...
If the work is determined to be short-term, the customer wil remain current on
DSP with their employment income assessed under the income test.
• Record the details on a
DOC and include any relevant details from the
discussion, including employment information not already recorded
on s47E(d)
• Advise the customer of the outcome and the requirement to notify of any
changes to their paid income and hours within 14 days of the change or
on the next date they are due to report. This includes if employment wil
continue for longer than expected, or the number of hours worked
changes
• If customer did not inform of employment within 14 days, investigate
possible overpayment
• Make sure reporting frequency is correct for the customer's
circumstances. Explain the benefits of advising within the notification
period including access to Working Credits and their payment not
cancel ing for failing to report
Procedure ends here.
12
Long-term employment + Read more ...
FOI/LEX 83089 - Page 20 of 46
Did the customer inform of the commencement of, or change in, long-term
employment within the notification period?
•
Yes, DSP is to be suspended and can remain suspended for up to 2 years
before cancel ation occurs. See Table 3, Step 1
•
No,
o DSP must be cancelled (deemed suspended) but can be restored
within 2 years of cancel ation if their hours of work reduces to less
than 30 per week. See Table 3, Step 1
Services Australia became aware of the employment before the customer
notified but not within 14 days of the date the customer commenced work, DSP
must be cancelled. See Table 3, Step 1
Coding suspension or cancellation of DSP
Table 3
Step
Action
1
Suspension or cancellation + Read more ...
If the customer is to be:
• Suspended, go to Step 3
• Cancelled deemed suspended, go to Step 3
• Cancelled, go to Step 2
2
Cancellation of DSP + Read more ...
If a customer fails to notify of their change of circumstances and Services
Australia becomes aware they have commenced or returned to work (advice
received from a third party or through internal investigation) and it is more than 14
days after the change, DSP must be cancelled.
• If the customer’s partner is receiving an income support payment, make
sure the partner is on reporting. See Reporting overview
• Payment cannot be restored. The customer must reclaim if their hours of
work or income reduce, and they want to re-test eligibility
Manual y cancel DSP via the s47E(d) screen in
Customer First using the fol owing
codes:
• s47E(d) : DSP
• s47E(d : CAN
)
• s47E(d)
n: FTE (return to work - did not notify)
FOI/LEX 83089 - Page 21 of 46
• s47E(d
)
o if employment income is not known, cancel from the date the
customer commenced work. Working Credits are
not accessible
o if no Working Credit balance or the Working Credit balance was
reduced to nil prior to the entitlement period the customer
commenced work, cancel from date the customer commenced
work
o if no Working Credit balance or the Working Credit balance was
reduced to nil prior to entitlement period due to the customer
already working for the employer less than 30 hours per fortnight
and has now increased their hours to more than 30 hours per
fortnight, cancel from the date the customers hours increased to
more than 30 hours per fortnight
o if the Working Credit balance was reduced to nil within the same,
or a later, entitlement period in which the customer commenced
work, cancel from date the Working Credit balance reduced to nil
o if Working Credit balance already reduced to nil within the same,
or a later, entitlement period in which the customer commenced
work, cancel from date the Working Credit opening balance is
already nil
o see the Resources page for examples and relevant SSAA sections
Note: if applicable, make sure al outstanding earnings reports are completed
and customer is taken off reporting prior to suspension or cancel ation. This
ensures the cancel ation code is not overridden and changed to Failed to Report
(FRP).
See Table 5, Step 1.
3
Working Credits + Read more ...
• If a customer notifies of their change in circumstances within 14 days of
commencing or returning to work for 30 hours or more per week, their DSP
is suspended
• If a customer notifies of their change in circumstances more than 14 days
after commencing or returning to work for 30 hours or more per week,
their DSP is cancelled deemed suspended
If the customer provides their employment income details, any Working Credits
they have are taken into account prior to suspension or cancel ation.
Customers must continue to report their income each fortnight until their
Working Credits are depleted.
FOI/LEX 83089 - Page 22 of 46
A Manual Follow-up (MFU) review generates when customers report 30 hours or
more per week for 2 consecutive fortnights.
Once employment income is coded, check the Working Credit Balance Summary
(WCBS) screen to determine the Working Credits depletion date (that is, when
Working Credit balance = 0).
Note: if the date is more than 28 days in the future, advise the customer to
continue to report their income each fortnight until the Working Credits have
depleted. DSP wil be suspended via the s47E(d) screen from the correct date of
effect, when the system generated DSP 30 hour MFU is al ocated.
4
Working Credit including nil balance + Read more ...
If the customer notified the change of circumstance within 14 days, manually
suspend DSP via the Benefit Action (s47E(
d)
screen in
Customer First using the
fol owing codes:
If applicable, complete al outstanding earnings reports and take the customer off
reporting
prior to suspension or cancel ation. This ensures the suspension or
cancel ation code is not overridden and changed to Failed to Report (FRP).
• s47E(d)
: DSP
• s47E(d) SUS
• s47E(d) FTW (Return to work – notified within 14 days)
• s47E(d
)
o if no Working Credit balance or the Working Credit balance was
reduced to nil prior to the entitlement period the customer
commenced work,
suspend from:
Entitlement Period Start Day (EPSD) of the fol owing entitlement
period if the customer notified in the same entitlement period they
commenced work,
OR
the day after the end of the notification period (that is, Day 15) if
the customer notified in the entitlement period fol owing the
entitlement period they commenced work but it was stil within 14
days
o if Working Credit balance reduces to nil in the same entitlement
period the customer commenced work, suspend from the EPSD of
the fol owing entitlement period
o if Working Credit balance reduces to nil in an entitlement period
after the entitlement period in which the customer commenced
work, suspend from day the Working Credit balance reduces to nil
FOI/LEX 83089 - Page 23 of 46
o if Working Credit balance already reduced to nil in the same
entitlement period in which the customer commenced work,
suspend from the EPSD of the fol owing entitlement period
o if Working Credit balance already reduced to nil in an entitlement
period after the entitlement period in which the customer
commenced work, suspend from the first day the Working Credit
balance is already nil
o if payment suspended in an entitlement period fol owing the
entitlement period after the entitlement period where the Working
Credit balance reduces to nil,
suspend from the later of:
day the opening Working Credit balance is already nil,
OR day after end of notification period (that is, Day 15)
o if payment suspended in an entitlement period fol owing the
entitlement period after the entitlement period where the Working
Credit balance is already reduced to nil,
suspend from the later
of:
day the opening Working Credit balance is already nil,
OR day after end of notification period
o see the Resources page for examples and relevant SSAA sections
If the customer notified the change of circumstance outside 14 days,
manual y cancel DSP via the Benefit Action (s47
E(d) ) screen in
Customer
Record using the fol owing codes:
• s47E(d)
: DSP
• s47E(d) CAN
• s47E(d)
: FTY (Return to work - notified outside 14 days)
• s47E(d)
o if no Working Credit balance or the Working Credit balance was
reduced to nil prior to the entitlement period the customer
commenced work, cancel from day they commenced work
o if Working Credit balance reduces to nil in the same, or later,
entitlement period as the entitlement period the customer
commenced work, cancel from the day the Working Credit
balance reduces to nil
o if Working Credit balance is already reduced to nil in the same, or
later, entitlement period as the entitlement period the customer
commenced work, cancel from the day the Working Credit
balance is already reduced to nil
FOI/LEX 83089 - Page 24 of 46
o see the Resources page for examples and relevant SSAA sections
Complete s47E(d) to document outcome:
• Use s47E(d)
and
select s47E(d) Select/delete information depending on customer’s
situation
If the customer has a partner who is receiving Age Pension, DSP, or Carer
Payment, the partner is also eligible to have their payment suspended for up to 2
years if they enter an employment income nil rate period. See Extended
suspension periods for pension payments.
See Table 5, Step 1.
DSP customer commences or returns to self-employment
Table 4
Step
Action
1
Relevant Module F has been returned + Read more ...
Wil the customer's (and their partner's) income reduce their rate to nil?
•
Yes, payments need to be suspended/cancelled immediately, go to Step 6
•
No, go to Step 2
2
Customer working + Read more ...
Is the customer self-employed for 30 hours or more per week?
•
Yes, go to Step 4
•
No:
o and the reason they are working less than 30 hours per week is
solely because of their medical condition (that is, they are doing as
much work as they can), go to Step 5
o otherwise, go to Step 3
3
Medical qualification + Read more ...
Based on discussions with customer or current scanned information, determine
whether they stil have a CITW.
• Code income from self-employment. For more information see:
o Assessing and coding the Business details for sole traders and
partnerships MOD F
FOI/LEX 83089 - Page 25 of 46
o Assessing and coding the Private Company details from the MOD
PC
Does the customer's CITW need to be assessed?
•
Yes, organise an Employment Services Assessment (ESAt). Procedure
ends here until ESAt report returned
•
No, go to Step 5
4
Working 30 hours or more per week + Read more ...
s47E(d)
work in
open employment of 30 hours per week or more?
•
Yes, go to Step 6
•
No, go to Step 5
5
Less than 30 hours per week in open employment + Read more ...
Customer's self-employment duties do not equate to work of 30 hours or more per
week in open employment.
The customer remains qualified for DSP. Their income from self-employment is
coded and assessed under the income test.
• Code income from self-employment. For more information see:
o Assessing and coding the Business details for sole traders and
partnerships MOD F
FOI/LEX 83089 - Page 26 of 46
o Assessing and coding the Private Company details from the MOD
PC
• If the customer has employment income as well, they can use
their Working Credits to offset employment income
but not income from
self-employment only
• If the customer is working less than 30 hours per week but their payment
is
reduced to nil due to income, and some of that income is employment
income, they can remain current at employment income nil rate for up to
12 fortnights and retain certain benefits before DSP is
suspended/cancelled
• Record the details on a
DOC including information regarding any
discussion about medical condition being the sole reason for working
under 30 hours per week
Procedure ends here.
6
14 day notification period + Read more ...
Did the customer advise within 14 days of commencing or returning to self-
employment?
•
Yes, go to Step 7
•
No, go to Step 8
•
Did not notify, go to Step 9
7
Notified within 14 days - Suspended DSP + Read more ...
If the customer notified of the change in their circumstances within the
notification period, suspend DSP for 2 years.
Note: self-employed customers cannot deplete their self-employment income
against their Working Credit balance.
• Code income from self-employment. For more information, see:
o Assessing and coding the Business details for sole traders and
partnerships MOD F
o Assessing and coding the Private Company details from the MOD
PC
Customer First
• Manual y suspend payments. Go to the Benefit Action s47E(d) screen, in the
s47E(d) system and code the fol owing:
o s47E(d) field ‘
DSP’
o s47E(d) field ‘
SUS’
FOI/LEX 83089 - Page 27 of 46
o s47E(d)
: field ‘
FTW’ (Return to work - notified within notification
period)
o s47E(d)field -
suspend from:
Entitlement Period Start Day (EPSD) of the fol owing entitlement
period if the customer notified in the same entitlement period they
commenced self-employment,
OR the day after the end of the notification period (that is, Day 15) if the
customer notified in the entitlement period fol owing the
entitlement period they commenced self-employment but was stil
within 14 days
• Complete s47E(d) to document outcome:
o s47E(d)
and select s47E(d). Select/delete
information depending on customer’s situation
Process Direct
• Key s47E(d)
in thes47E(d)
field
• On the s47E(d) screen, select s47E(d)
• s47E(d)
: DSP
• s47E(d)
SUS
• s47E(d) FTW (Return to work - notified within notification period)
• s47E(d
suspend from:
)
o Entitlement Period Start Day (EPSD) of the fol owing entitlement
period if the customer notified in the same entitlement period they
commenced self-employment,
o
OR
o the day after the end of the notification period (that is, Day 15) if the
customer notified in the entitlement period fol owing the
entitlement period they commenced self-employment but was stil
within 14 days
• Select s47E(d)
• Update the fields:
o s47E(d)
o s47E(d)
o s47E(d)
- if the system does not select a default Service
Reason, select
DSP
FOI/LEX 83089 - Page 28 of 46
• Select s47E(d)
• Select s47E(d)and this wil take you to s47E(d) , review and address any errors
and warnings, then select s47E(d) and this wil take you to s47E(d
)
– check the
correct outcome displays
• Select: s47E(d)
• Add text to the s47E(d)box as fol ows:
o DSP has been SUS-FTW from DOE:
o Under s96 SS Admin Act
o Add details, e/g customer declined to provide employer details,
commenced employment XX/XX/XXXX
Note: DSP/RTW wil appear on benefit status line when s47E(d) is coded with FTW
If the customer has a partner who is receiving Age Pension, DSP, or Carer Payment,
the partner is also eligible to have their payment suspended for up to 2 years if they
enter an employment income nil rate period. See Extended suspension periods for
pension payments.
See Table 5, Step 1.
8
Notified outside 14 days + Read more ...
Note: because of a system limitation, Service Officers
must code DSP
cancel ations in
Customer Record, not Customer First.
If the customer failed to notify of the change in their circumstances within the
notification period, cancel DSP (deemed suspended for 2 years).
Self-employed customers
cannot deplete their self-employment income against
their Working Credit balance.
• Code income from self-employment. For more information, see:
o Assessing and coding the Business details for sole traders and
partnerships MOD F
o Assessing and coding the Private Company details from the MOD
PC
• Manual y cancel payment. Using
Customer Record, go to the s47E(d)screen
and code the fol owing:
o s47E(d) field ‘
DSP’
o s47E(d)field ‘
CAN’
o s47E(d) field ‘
FTY’ (Return to work - notified outside notification
period)
FOI/LEX 83089 - Page 29 of 46
o s47E(d field - cancel from the day the customer commenced self-
)employment
• Completes47E(d) to document outcome:
o s47E(d)
and select s47E(d). Select/delete
information depending on customer’s situation
Note: RTW wil appear on benefit status line when s47E(d
)
is coded with
FTY
If the customer has a partner who is receiving Age Pension, DSP, or Carer Payment,
the partner is also eligible to have their payment suspended for up to 2 years if they
enter an employment income nil rate period. See Extended suspension periods for
pension payments.
See Table 5, Step 1.
9
Did not notify before Services Australia became aware of employment -
Cancelled + Read more ...
If the customer failed to notify before Services Australia became aware of the
employment and it is more than 14 days after the change, cancel DSP.
• Code income from self-employment. For more information, see:
o Assessing and coding the Business details for sole traders and
partnerships MOD F
o Assessing and coding the Private Company details from the MOD
PC
• Manual y cancel payment. Using
Customer First, go to the s47E(
d)
screen to
code the fol owing:
o s47E(d) field: DSP
o s47E(d field: CAN
)
o s47E(d) field: FTE (Return to work ful -time - Earned income not
advised by customer)
• s47E(d
field: Date of commencement of self-employment. Working Credits
)are not accessible. If the customer’s partner is receiving an income
support payment, make sure the partner is on reporting. See Reporting
overview
• Payment cannot be restored. The customer wil need to reclaim if their
hours of work or income reduces, and they want to re-test their eligibility
• Record details of al action taken on a
DOC on the customer’s record
See Table 5, Step 1.
FOI/LEX 83089 - Page 30 of 46
Reviewing further action
Table 5
Step
Action
1
Further action + Read more ...
• If the DSP customer is a care receiver, go to Step 2
• If the DSP customer is receiving DSP Blind, go to Step 3
• If DSP is continuing, go to Step 4
• If DSP has been suspended or cancelled, go to Step 5
• Cancel ation of DSP after 2 years, go to Step 6
2
DSP customer is a care receiver + Read more ...
• s47E(d)
and
select
Confirm.
Include relevant information in thes47E(d)
, advise the care receiver’s
DSP has been suspended or cancelled
• CP qualification wil only continue if:
o the care receiver stil requires a qualifying level of personal care
and/or supervision, and
o the carer stil provides the equivalent of a working day of personal
care over the 24 hour period
• If the care receiver's DSP is cancelled, an Income and Asset Review activity
(CRP/AAP) with review reason '
IAR' is created on the Future Activity List
(s47E ) screen in the care receiver's record
(d)
o If the care receiver is receiving an income support payment or
Department of Veterans' Affairs (DVA) payment when the review
activity matures at the end of the year, a review form wil not be
issued
FOI/LEX 83089 - Page 31 of 46
o If the care receiver is not receiving an income support payment or
DVA payment upon maturity, an Income and Asset Review form wil
be automatical y issued to the care receiver by the system
• If the care receiver's DSP is suspended and is likely to remain suspended
for a long time (for example, suspended RTW), the Carer Payment - Income
and Assets details of the person being cared for - 16 years of age and over
(SA304A) form should be issued through Request Documents in Process
Direct to the care receiver. See Requesting information (CLK)
Go to Step 5.
3
DSP Blind customer commences employment + Read more ...
Customer can work unlimited hours.
They do not need to declare income unless they are:
• claiming Rent Assistance (RA) with their DSP (Blind), or
• have a partner who has applied for or is receiving a payment subject to the
assessment of income and assets
•
Note: if RA is being claimed/paid with Family Tax Benefit (FTB) only, income
does not need to be declared
See Permanent Blindness.
If customer declares employment income:
• Code the employment income or code SWS income if SWS commenced
• Make sure Pensions Disability Information (s47E(d)) screen is correctly coded
for income and assets assessment:
o If Blind - Income and Assets Exempt is Y (Yes), income from
employment is not required to be reported
o If Blind - Income & Assets Exempt is N (No) because the customer
is claiming Rent Assistance or they have a partner on an income
support payment (not blind), income from employment must be
reported
• Advise of outcome and, if required to report, the need to notify fluctuating
income fortnightly
• Update reporting requirements if required. The Reporting Income
Statement (RIS) can be in an accessible mail format
• If income not advised within 14 days, investigate possible overpayment of
RA
DSP (Blind) customers who are not required to report their earnings and hours
each fortnight and are working 15 hours or more per week and receiving the higher
rate of Mobility Al owance (MOB), need to have their work hours coded to ensure
FOI/LEX 83089 - Page 32 of 46
ongoing payment of MOB. For more information and coding details, see Rates for
Mobility Al owance.
4
DSP Continuation + Read more ...
If DSP is to continue:
• advise the customer any changes in their employment income or the hours
they work must be advised within 14 days of the change or reported on
their Entitlement Period End Day (EPED)
• make sure reporting frequency is correct for the customer’s circumstances
• check if the customer needs to revise their family income estimate for the
current financial year and advise payment choices available to help reduce
the risk of overpayment
•
DOC relevant information covered in discussion
Procedure ends here.
5
DSP Suspended/Cancelled + Read more ...
Advise the customer of the fol owing:
• If DSP has been suspended as advised within the notification period or
cancel ed outside notification period, the legislation al ows payment to be
restored within 2 years of the date of suspension or cancel ation if the
customer's hours of work fal below 30 per week or employment income no
longer precludes payment.
Note: this does not apply where DSP was cancel ed prior to any
notification
• For DSP to be restored within the 2 year timeframe, the customer must
advise Services Australia on or before the last day of the 2 year period. If
outside the 2 year timeframe a new claim wil have to be lodged
• If the customer has been suspended or cancelled (deemed suspended) for
a return to work reason and they have a partner who is receiving Age
Pension, DSP, or Carer Payment, the partner is also eligible to have their
payment suspended for up to 2 years if they enter an employment income
nil rate period. They wil continue to qualify for a Pensioner Concession
Card (PCC) for 2 years. See Extended suspension periods for pension
payments
• They can claim an alternative payment during the DSP suspension period if
their income is below the threshold for that payment. See:
o Identifying people with a partial capacity to work
o Claiming JobSeeker Payment (JSP)
FOI/LEX 83089 - Page 33 of 46
• If the customer commences employment, they wil continue to
be qualified for a Pensioner Concession Card (PCC) for 2 years after their
pension is suspended/cancelled
• If the customer is under 21 years of age with no dependent children they
wil remain qualified for Telephone Al owance (TAL) for 12 months while
DSP is suspended and receive the quarterly payment of TAL during the
extension period
• Check if the customer needs to revise their family income estimate for the
current financial year and advise payment choices available to help reduce
the risk of overpayment
• If working 30 hours or more per week assess eligibility for Special
Employment Advance (SEA). If appropriate, invite customer to lodge an
application
• If the customer is no longer receiving DSP due to increased working hours
but was qualified for the higher rate of Mobility Al owance (MOB) and
continues to work 15 or more hours per week, they
retain qualification for
the higher rate of MOB
• If DSP is suspended and the customer was in receipt of Pensioner
Education Supplement (PES), this wil cease. See Qualifying payments for
Pensioner Education Supplement (PES) and ABSTUDY PES
For more information and coding details, see Rates for Mobility Al owance
•
DOC relevant information covered in the discussion
Procedure ends here.
6
Cancellation of payment after 2 year suspension/cancellation deemed
suspended + Read more ...
• DSP is automatical y cancel ed if the payment is suspended FTW or
continues to not be payable due to earnings preclusion, and payment has
remained suspended for 2 years
• Letter is automatical y issued when payment is cancel ed
References
Policy
30 hour rule
Social Security Guide, 3.6.1.20, Qualification for DSP during employment - 30 hour rule
15 hour rule and continuing inability to work
Social Security Guide, 3.6.1.22, Qualification for DSP during employment - 15 hour rule
FOI/LEX 83089 - Page 34 of 46
Social Security Guide, 3.6.2.112, DSP assessment of continuing inability to work - 15 hour rule
Minimum wage and what this does not include for DSP
Social Security Guide, 1.1.R.133, Relevant minimum wage (DSP, MOB, Partial capacity to work &
CA)
Suspending/cancelling DSP
Social Security Guide, 3.6.1.100, Continuation, variation or termination of DSP
Employment income
Social Security Guide, 3.1.12, Employment income nil rate period
Social Security Guide, 4.3.3.10, General provisions for income from employment
Working credit
Social Security Guide, 3.1.11, Working credit
Social Security Guide, 3.1.11.20, Working credit accrual
Social Security Guide, 3.1.11.30, Working credit depletion
Social Security Guide, 8.6.7, Summary of rules for date of effect - determinations involving
working credit or student income bank
When is a person working independently of a program of support?
Social Security Guide, 1.1.I.95, Independently of a program of support
Legislation
Links to the Federal Register of Legislation site go to a 'Series' page. Select the ‘Latest’ version.
Social Security (Administration) Act 1999
• section 68, Person receiving social security payment or holding concession card
• section 93, recipient complying with subsection 68(2) notice
• section 94, recipient not complying with subsection 68(2) notice
• section 95, failure to provide statement under subsection 68(2)
• section 96, suspension instead of cancel ation under section 93
• section 97, suspension taken to have been under section 96
• section 118, date of effect of adverse determinations - general rules
Social Security Act 1991
• section 1061ZD, Extended qualification rule: former recipient of Disability Support
Pension
• section 1073D, To whom do working credit accrual and depletion rules apply?
FOI/LEX 83089 - Page 35 of 46
Resources
Date of Effect Rules for DSP Suspensions/Cancellations (Deemed Suspended) and
relevant Social Security Administration Act sections
Table 1
Scenario
Date of Effect (DOE)
Example
Scenario 1
• s93(1)(g) - notifies
s93(1)(g)
within required
• notification
period and payment
• EP - 1/3/22 to 14/3/22
reporter
is cancel ed in the
• commences work 7/3/22
• current on DSP
Entitlement Period
(EP) fol owing the EP
• notifies SA on 8/3/22
• commences
in which the event or
working 30 hours
• suspension DOE is
changed occurred,
per week
15/3/22 (EPSD of fol owing
DOE is the
EP)
• contacts Services
Entitlement Period
Australia (SA)
Start Day (EPSD) of
s93(1)(h)
within notification
the fortnight
• EP - 1/3/22 to 14/3/22
period therefore
fol owing the EP in
complying with
which they
• commences work 7/3/22
s68(2) to provide
commenced work
• notifies 16/3/22 (within 14
information
• s93(1)(h) - notifies
days but in next EP)
• information
within required
• suspension DOE is
provided indicates
period but payment
22/3/22 (day after end of
no longer qualified
is not cancel ed in
notification period – Day
and payment to be
the EP fol owing the
15)
cancelled under
EP in which the event
s93 rules
or change occurred,
DOE is the day after
• for DSP, s96
the end of the
overrides s93 rule
notification period
to cancel and
al ows payment to
be suspended
instead of
cancelled
• nil Working Credits
or Working Credit
balance already
reduced to nil prior
to the entitlement
period in which the
FOI/LEX 83089 - Page 36 of 46
customer
commenced work
•
Scenario 2
s93(3)(a), (b), (c) or
s93(3)(a)(i)
(d) depending on when the
• notification
deemed cancellation occurs
• EP - 1/3/22 to 14/3/22
reporter
due to Working Credit
• commences work 7/3/22
• current on DSP
balance being reduced to nil
or if it has already been
• Working Credit reduces to
• commences
reduced to nil, in an
nil on 16/3/22 so not in the
working 30 hours
instalment period which is
same EP the event or
per week
the same as, or later than,
change occurred
• contacts SA within the instalment period in
• suspension DOE is
notification period which the event or change of
16/3/22 (day Working
therefore
circumstance occurred
Credit reduces to nil)
complying with
s93(3)(a)
s68(2) to provide
s93(3)(a)(ii)
information
•
s93(3)(a)(i) -
• EP - 1/3/22 to 14/3/22
payment cancelled
• information
and Working Credit
• commences work 7/3/22
provided indicates
balance reduced to
no longer qualified
• Working Credit reduces to
nil within an EP that
and payment to be
nil on 13/2/22 so in the
is later than the EP in
cancelled under
same EP the event or
which the event or
s93 rules
change occurred
change of
• for DSP, s96
circumstance
• suspension DOE is
overrides s93 rule
occurred, DOE is the
15/3/22 (Entitlement
to cancel and
day the balance
Period Start Day (EPSD) of
al ows payment to
reduces to nil
following EP)
be suspended
•
s93(3)(a)(ii) -
93(3)(b)(i)
instead of
payment cancelled
cancelled
• EP - 1/3/22 to 14/3/22
and Working Credit
• Working Credits
balance reduces to
• commences work 10/3/22
nil in the same EP
the event or change
• notifies on 22/3/22
occurred, DOE is
• Working Credit reduced to
Entitlement Period
nil on 16/3/22
Start Day (EPSD) of
fortnight fol owing
• suspension DOE is
the EP in which the
16/3/22 (day Working
event or change
Credit already reduced to
occurred
nil)
s93(3)(b)
s93(3)(b)(ii)
•
s93(3)(b)(i) -
• EP -1/3/22 to 14/3/22
payment cancelled
FOI/LEX 83089 - Page 37 of 46
and Working Credit
• commences work 7/3/22
balance already
reduced to nil within
• Working Credit reduced to
an EP that is later
nil on 3/3/22
than the EP in which
• suspension DOE is
the event or change
15/3/22 (Entitlement
of circumstance
Period Start Day (EPSD) of
occurred, DOE is the
following EP)
day the Working
Credit balance
s93(3)(c)
reduced to nil
• EPs - 1/3/22 to 14/3/22,
•
s93(3)(b)(ii) –
15/3/22 to 28/3/22,
payment cancelled
29/3/22 to 11/4/22,
and Working Credit
12/4/22 to 25/4/22
balance already
• commences working 20
reduced to nil in
hours per week on 7/3/22
same EP the event or
change occurred,
• hours increased to 35 per
DOE is the
week on 4/4/22
Entitlement Period
• Working Credit balance
Start Day (EPSD) of
reduced to nil on 11/3/22
fortnight fol owing
the EP in which the
• notification end date is
event or change
18/4/22
occurred
• suspension DOE is
s93(3)(c) - payment
19/4/22 (later date - day
cancelled in an EP following
after end of notification
the EP after the EP where
period)
Working Credit balance
s93(3)(d)
reduces to nil, DOE is the
later of:
• EP - 1/3/22 to 14/3/22
• day the Working
• commenced working 20
Credit balance was
hours per week on 17/1/22
reduced to nil –
s93(3)(c)(i);
or
• increased hours to 35 per
week on 4/4/22
• day after end of
notification period -
• notification end date is
s93(3)(c)(i )
18/4/22
s93(3)(d) - payment
• Working Credit balance
cancelled in an EP following
reduced to nil on 26/1/22
the EP after the EP where
• suspension DOE is
Working Credit balance is
19/4/22 (later date - day
already reduced to nil, DOE
after end of notification
is the later of:
period)
FOI/LEX 83089 - Page 38 of 46
• first day the opening
Working Credit
balance is already nil
s93(3)(d)(i); or
• day after end of
notification period -
s93(3)(d)(i )
Scenario 3
s93(1)(g) - notifies within
s93(1)(g)
required period and
• notification
payment is cancelled in the
• EP - 1/3/22 to 14/3/22
reporter
EP fol owing the EP in which
• commences work 7/3/22
• current on DSP
the event or change
occurred, DOE is the
• notifies 8/3/22
• commences
Entitlement Period Start Day
working 30 hours
• suspension DOE is
(EPSD) of the fortnight
per week
15/3/22 (EPSD of fol owing
fol owing the EP in which the
EP)
• contacts SA within event or change occurred
notification period
s93(1)(h)
s93(1)(h) - notifies within
therefore
required period but payment
• EP - 1/3/22 to 14/3/22
complying with
is not cancel ed in the EP
s68(2) so covered
• commences work 7/3/22
fol owing the EP in which the
by s93 rules
event or change occurred,
• notifies 16/3/22 (within 14
• Working Credits
DOE is the day after the end
days but in next EP)
of the notification period
• declines to give
• suspension DOE is
employment
22/3/22 (day after end of
income details
notification period)
therefore cannot
access Working
Credit balance
Scenario 4
As per
Scenario 2 with DOE See
Scenario 2 based on information
• notification
received via reporting which
reporter
al ows for accurate
• current on DSP
depletion of Working Credit
balance
• commences
working 30 hours
per week
• contacts SA within
notification period
therefore
complying with
FOI/LEX 83089 - Page 39 of 46
s68(2) so covered
by s93 rules
• Working Credits
• employment
income details not
known at time of
contact
Scenario 5
s94(1)(e) - if does not advise
s94(1)(e) of the change, DOE is the
• notification
day on which the event or
• EP - 1/3/22 to 14/3/22
reporter
change of circumstances
• commences work 7/2/22
• current on DSP
occurred
• does not notify and Agency
• commences
cancels payment after the
working 30 hours
notification period ends
per week
and before the customer
advises the event or
• does not contact
change of circumstance
SA therefore not
complying with
• cancel ation DOE is 7/2/22
s68(2) so covered
(day on which the event or
by s94 rules
change occurred)
• no Working Credits
or Working Credit
balance already
reduced to nil prior
to the entitlement
period in which the
customer
commenced work
Scenario 6
s94(2)(g) - if the cancel ation
s94(2)(g) is attributable to the
• notification
reduction of the Working
• EP - 1/3/22 to 14/3/22
reporter
Credit balance to nil within
• commences work 7/3/22
• current on DSP
an EP that is the same as, or
later than, the EP in which
• does not notify and Agency
• commences
the event or change of
cancels payment after the
working 30 hours
circumstance occurred,
notification period ends
per week
DOE is the day on which the
and before the customer
advises the event or
• does not contact
Working Credit balance
change of circumstance
SA therefore not
reduces to nil
complying with
s94(2)(h) - if the cancel ation
• Working Credit balance
is attributable to the Working
reduces to nil on 15/3/22
FOI/LEX 83089 - Page 40 of 46
s68(2) so covered Credit balance having
• cancel ation DOE is
by s94 rules
already been reduced to nil
15/3/22 (day the Working
within an EP that is the same
Credit balance reduces to
• Working Credits
as, or later than, the EP in
nil)
which the event or change of
circumstance occurred,
s94(2)(h)
DOE is the first day on which
• EP - 1/3/22 to 14/3/22
the opening Working Credit
balance is already nil
• commences work 7/3/22
• does not notify and Agency
cancels payment after the
notification period ends
and before the customer
advises the event or
change of circumstance
• Working Credit balance
reduced to nil on 3/3/22
• cancel ation DOE is 3/3/22
(day on which the opening
Working Credit balance is
already nil)
Scenario 7
s97A(1) - does not notify
s97A(1)
within in required period,
• notification
DOE is the day on which the
• EP - 1/3/22 to 14/3/22
reporter
event or change occurred
• commences work 7/3/22
• current on DSP
• notifies 16/3/22
• commences
working 30 hours
• cancellation (deemed
per week
suspended) DOE is 7/3/22
(day the event or change
• contacts SA
occurred)
outside
notification period
therefore not
complying with
s68(2) so covered
by s94 rules
• nil Working Credits
or customer
declines to give
employment
income details
FOI/LEX 83089 - Page 41 of 46
Scenario 8
s94(2)(g) - if the cancel ation
s94(2)(g) is attributable to the
• notification
reduction of the Working
• EP - 1/3/22 to 14/3/22
reporter
Credit balance to nil within
• commences work 7/3/22
• current on DSP
an EP that is the same as, or
later than, the EP in which
• notifies 16/3/22
• commences
the event or change of
working 30 hours
• Working Credit reduced to
circumstance occurred,
per week
nil on 15/3/22
DOE is the day on which the
• cancellation (deemed
• contacts outside
Working Credit balance
notification period reduces to nil
suspended) DOE is
therefore not
15/3/22 (day the balance
s94(2)(h) - if the cancel ation
complying with
reduces to nil)
is attributable to the Working
s68(2) so covered Credit balance having
s94(2)(h)
by s94 rules
already been reduced to nil
• EP - 1/3/22 to 14/3/22
• Working Credits
within an EP that is the same
as, or later than, the EP in
• commences work 7/3/22
which the event or change of
• notifies 16/3/22
circumstance occurred,
DOE is the first day on which
• Working Credit balance
the opening Working Credit
reduced to nil on 3/3/22
balance is already nil
• cancellation (deemed
suspended) DOE is 3/3/22
(day on which the opening
Working Credit balance is
already nil)
Scenario 9
93(1)(g) - if initial notification
Example 1 is within the same fortnight
• DSP customer
the event or change
• EP - 1/3/22 to 14/3/22
• statement reporter occurred, DOE is backdated
• commences work 7/3/22
to the Entitlement Period
• reports
Start Day (EPSD) of fortnight
• reports 14/3/22 and
employment
fol owing the instalment
28/3/22
income and hours period in which the event or
each fortnight
• MFU triggered after
change occurred
28/3/22
• commences
working 30 hours
• DOE is backdated to
per week
15/3/22 (EPSD of fortnight
fol owing the EP in which
• employment
commenced working 30
income may or
hours)
may not preclude
payment
Example 2
• EP - 1/3/22 to 14/3/22
• nil Working Credits
FOI/LEX 83089 - Page 42 of 46
• MFU generated
• commences work 7/3/22
when customer
reports 30 hours or
• notifies 14/3/22 and
more per week for
29/3/22 (late reporting)
2 consecutive
• MFU triggered after
fortnights
29/3/22
• despite late reporting DOE
is stil backdated to
15/3/22 (EPSD of fortnight
fol owing the EP in which
30 hours commenced) as
customer did not get paid
for 2nd fortnight until
reported income and
hours
Scenario 10
As per
Scenario 2 with DOE As per
Scenario 2 based on information
• DSP customer
received via reporting which
• statement reporter al ows for accurate
depletion of Working Credit
• reports
balance
employment
income and hours
each fortnight
• commences
working 30 hours
per week
• employment
income may or
may not preclude
payment
• Working Credits
• MFU generated
when customer
reports 30 hours or
more per week for
2 consecutive
fortnights
Scenario 11
DSP automatical y
suspended after Working
• DSP customer
Credit balance depleted to
• statement reporter nil fol owed by 12 ful
FOI/LEX 83089 - Page 43 of 46
• reports
fortnights at employment
employment
income nil rate.
income and hours
each fortnight
Note: payment is
automatical y suspended at
• commences
the end of the 12 fortnights
working less than
but for restoration purposes,
30 hours per week the 2 year suspension period
on an ongoing
commences from the start
basis
of the employment income
nil rate period
• employment
income precludes
payment
Interaction between Suspension/Cancelled (deemed suspended) and 12 fortnights at
employment income nil rate period
Table 2
Event
Is the customer's
Is the customer eligible for 12
payment suspended fortnights at employment
or cancelled
income nil rate?
(deemed
suspended) for 2
years?
The customer
Yes
No
has
commenced employment
of 30 hours or more per week, at Suspended
The customer has lost
or above the relevant minimum
qualification to DSP due to hours
wage on a long-term basis and
not employment income
has notified within 14 days
The customer is employed and
Yes
No
hours
increase to 30 hours or
more per week, at or above the
Suspended
The customer has lost
relevant minimum wage on a
qualification to DSP due to hours
long-term basis and has notified
not employment income
within 14 days
The
customer has commenced
No
Yes
employment of 30 hours or more
per week, at or above the relevant Does not apply as
The 12 fortnights at employment
minimum wage on a short-term
employment is short- income nil rate wil apply although
basis, and either the employment term
as the work is short-term,
income alone or together with
payment may become current
again within the 12 fortnights
FOI/LEX 83089 - Page 44 of 46
other ordinary income reduces
the rate of payment to nil
The customer
Yes
Yes
has
commenced employment of
less than 30 hours per week, at or Suspended - will
The 12 fortnights at employment
above the relevant minimum
commence after the income nil rate runs prior to the
wage, and either the employment 12 fortnights at
suspension period
income alone or together with
employment income
other ordinary income reduces
nil rate
the rate of payment to nil
The customer is employed for
Yes
Yes
less than 30 hours per week, at or
above the relevant minimum
Suspended - will
The 12 fortnights at employment
wages, and has an
increase in
commence after the income nil rate runs prior to the
their employment income (that
12 fortnights at
suspension period
is, a pay increase or an increase employment income
in hours) and either the
nil rate
employment income alone or
together with other ordinary
income reduces the rate of
payment to nil
The customer
Yes
Yes
has
commenced employment at
a 'proportion of a relevant
Not working at
The 12 fortnights at employment
minimum wage' and regardless of relevant minimum
income nil rate runs prior to the
the number of hours worked their wage so is not
suspension period
employment income either alone suspended due to
or together with other ordinary
hours but suspension
income reduces the rate of
applies due to
payment to nil
employment income
contributing to the
rate reduction to nil
The customer is employed for
Yes
Yes
less than 30 hours per week, at
the relevant minimum wage and The suspension wil
The 6 fortnights at nil rate runs
rate of payment is reduced to nil commence after the 6 prior to the suspension period
because of an increase in income fortnights at nil rate as
from sources other than
the reduction to nil is
employment
based on the
customer's
employment income
FOI/LEX 83089 - Page 45 of 46
The customer is employed for
Yes
Yes
less than 30 hours per week, at
the relevant minimum wage or is The suspension wil
The 12 fortnights at employment
employed at a 'proportion of a
commence after the income nil rate runs prior to the
relevant minimum wage'
12 fortnights at
suspension period
regardless of the number of hours employment income
worked and rate of payment is
nil rate as reduction
reduced to nil because
to nil is based on both
their
partner commences
customer and their
employment or has an increase
partner’s employment
in employment income
income
The customer is not employed
No
Yes
and the rate of payment is
reduced to nil because of the
Does not apply as
The customer remains current
partner's employment income
customer is not
during 12 fortnights at
working
employment income nil rate
because of partner-only
employment income. DSP wil
then cancel 12P at the end of the
12 fortnights
Examples, DES support and short-term employment
Table 3
Item
Example detail
1
DSP customer commences employment
Trish has a mild intel ectual disability. Trish is participating in the Disability
Employment Services (DES) Employment Support Service (ESS) program. Trish is
assessed as requiring moderate level support in the workplace from the DES
provider. This includes support through changes in the workplace, and for more
than 2 years, support to reinforce previous tasks learned and to learn new tasks.
Trish is working as a process worker for 31 hours per week at the relevant
minimum wage. Would Trish remain qualified for DSP?
Answer
Yes
A person working 30 hours or more per week while receiving moderate or high
level ongoing support from an ESS provider is not considered to be working
independently because the person requires significant and regular assistance
over the long-term to maintain their employment.
While Trish remains qualified and her payment wil not be suspended due to the
hours worked, her employment income may preclude so DSP may not be
payable.
FOI/LEX 83089 - Page 46 of 46
2
Commencing work on a short term basis
Jonah is working 30 hours a week as a Santa for the month of December.
However, Jonah is only able to maintain the extra effort to work these hours for
this short period. Jonah's DSP is not suspended as the work is not long term and
he is unable to maintain the hours over a long period. His employment income
wil be assessed under the income and assets tests so he may be subject to an
employment income nil rate period.