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This topic covers
- Eligibility criteria for Disability Support Pension (DSP)
- Medical evidence required to make a claim
- What to do if a DSP claim is rejected
- Eligibility criteria for Disability Support Pension (DSP)
| Time limit | Action |
|---|---|
| No time limit | To claim the Disability Support Pension, but once a claim has been made all medical evidence given to Centrelink must relate to your condition at the time of your application and 13 weeks after. |
| 13 weeks | To appeal to an Authorised Review Officer, from when you received Centrelink's decision, in order to get full arrears to the date you claimed the Disability Support Pension. |
| 13 weeks | To appeal to an Authorised Review Officer, from when you received Centrelink's decision to reject your claim, in order to get full arrears to the date you claimed the Disability Support Pension. |
| 28 days | To appeal a decision of the Social Services and Child Support Division to the General Division of the Administrative Appeals Tribunal.
|
| 28 days | To appeal the decision of the General Division of the Administrative Appeals Tribunal to the Federal Court of Australia. |
Organisation
| Organisation | Responsibilities |
|---|---|
| Services Australia (formerly Centrelink) | Makes the original decision as to whether to grant or reject a claim for Disability Support Pension. |
| Centrelink Authorised Review Officer | Appeals from Centrelink are made to an Authorised Review Officer.
|
| Social Services and Child Support Division Administrative Appeals Tribunal (AAT) | Has jurisdiction to hear appeals against Centrelink's decision, but only after the decision has been reviewed by an Authorised Review Officer. |
| General Division of the AAT | Has jurisdiction to deal with appeals against decisions made in the Social Services and Child Support Division.
|
Legislation
| Authority | Covers |
|---|---|
| Social Security Act 1991 (Cth) Part 2.3 | Sets out the eligibility criteria for Disability Support Pension. |
| Social Security (Administration) Act 1999 (Cth) | Contains additional eligibility criteria for Disability Support Pension. |
| Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011 | Used to determine how a person's health problem (or impairment) impacts on certain functions. |
| Common term | Definition |
|---|---|
| Claim | An application for the Disability Support Pension. |
| Program of Support | A program funded by the government, which is designed to help you prepare, find and keep employment. It includes attending appointments and programs run by employment service providers and disability employment providers. |
| Impairment tables | A document which Centrelink uses to assess what you can and can't do. Points are awarded based on your functional abilities, symptoms and limitations. |
| Continuing inability to work | You have continuing inability to work if:
|
| Job Capacity Assessment | A report prepared by the job capacity assessor outlining your level of functional impairment and your ability to work. |
| Authorised Review Officer | A senior Centrelink officer who checks Centrelink’s original decisions. |
| Organisation | Fee |
|---|---|
| Services Australia | There is no fee to apply for a review by an Authorised Review Officer. |
| Administrative Appeals Tribunal (AAT) | There is no fee to appeal the decision of the Authorised Review Officer to the AAT. |
| Â Federal Court of Australia | You have to pay a fee to appeal to the Federal Court of Australia. See Court fees payable on the Federal Court of Australia website. You can apply for an exemption from paying court fees. For more information, see Exemption From Paying Court Fees on the Federal Court of Australia website. |
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| Organisation | Form |
|---|---|
| Â Services Australia | Claim for Disability Support Pension form (SA466) |
| Income and Assets form (SA369) | |
| Consent to disclose medical information form (SA472) | |
| Disability Support Pension Medical Evidence Requirements Checklist form (SA473) | |
| Centrelink Authorised Review Officer | You don't need to complete a form to appeal to the Authorised Review Officer. You can contact Centrelink or visit your local Service Centre and tell them you want to appeal the decision to reject your claim for Disability Support Pension to an Authorised Review Officer. |
| Administrative Appeals Tribunal (AAT) | Application for review form - AAT first review of a Centrelink decision (includes Paid Parental Leave claimant decisions) You can send your completed form by email, post or fax, or deliver it to a registry. You can also apply online or by telephone. For more information, see Centrelink review forms on the AAT website. |
| General Division of the Administrative Appeals Tribunal | Application for Second Review of Decision You can send your completed form by email, post or fax, or deliver it to a registry. You can also apply online. For a copy of the form, see AAT forms on the AAT website. |
| Federal Court of Australia | To appeal to the Federal Court of Australia, you need to file a Form 75 - Notice of appeal from a tribunal. For a copy of the form, see Forms under the Federal Court Rules 2011 on the Federal Court of Australia website.Â
|
| You can apply for an exemption from paying court fees by filing an Application for exemption from paying court fees - general or Application for exemption from paying court fees - financial hardship - see Guide to Form and Exemption From Paying Court Fees on the Federal Court of Australia website. |
| Type | Costs |
|---|---|
| Court costs | If you appeal to the Administrative Appeals Tribunal or the Federal Court of Australia and are unsuccessful, a costs order may be made against you. |
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Last updated: December 2023