Social Security (Active Participation for Disability Support Pension) Determination 2014 (Cth)

Social Security (Active Participation for Disability Support Pension) Determination 2014 I, Kevin Andrews, Minister for Social Services, make the following determination.

Dated 15 December 2014

Kevin Andrews Minister for Social Services

Contents Part 1—Preliminary 1 Name 2 Commencement 3 Authority 4 Schedules 5 Definitions 6 Requirements and matters to be taken into account Part 2—Requirements for active participation 7 Requirements for active participation 8 Periods of non‑participation not to count Part 3—Matters to be taken into account in assessing active participation 9 Matters to be taken into account relating to the program of support 10 Material to be taken into account Part 4—Application and transitional provisions 11 Transitional provision Schedule 1—Repeals Social Security (Requirements and Guidelines — Active Participation for Disability Support Pension) Determination 2011

Part 1—Preliminary

1 Name This is the Social Security (Active Participation for Disability Support Pension) Determination 2014.

2 Commencement This instrument commences on the day after it is registered.

3 Authority This instrument is made under subsections 94(3C) and (3E) of the Social Security Act 1991.

4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5 Definitions (1) In this instrument: Act means the Social Security Act 1991. designated provider means any of the following: (a) a Job Services Australia provider; (b) a Disability Employment Services provider; (c) an Australian Disability Enterprise; (d) any other person who provides a program of support that is funded (wholly or partly) by the Commonwealth. program of support has the meaning given by subsection 94(5) of the Act. relevant period means: (a) in relation to a person (other than a reviewed 2008‑2011 DSP starter) whose impairment is not a severe impairment—the period of 36 months ending immediately before the day on which the claim for disability support pension is made or is taken to have been made by the person; or (b) in relation to a person who is a reviewed 2008‑2011 DSP starter and who: (i) is participating in a program of support at the time the person becomes a reviewed 2008‑2011 DSP starter; or (ii) was participating in a program of support at any time during the period of 6 months before the person becomes a reviewed 2008‑2011 DSP starter; the period of 36 months starting on the day the person begins the program of support; or (c) in relation to any other reviewed 2008‑2011 DSP starter—the period of 36 months starting on the day the person is notified in writing that the person has become a reviewed 2008‑2011 DSP starter. reviewed 2008‑2011 DSP starter has the meaning given by subsection 94(5) of the Act. severe impairment has the meaning given by subsection 94(3B) of the Act. (2) To avoid doubt, for the purposes of paragraph (b) of the definition of relevant period, a person may be participating in a program of support at a time: (a) whether or not the person is actively participating in the program at that time in accordance with section 7 of this instrument; and (b) even if the person is not participating in the program at that time as a result of an exemption, relief or suspension from the program.