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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 or Subject Matter Expert, 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 be eligible for full payment of arrears from the date of your claim for the Disability Support Pension, you need to apply for a review within 13 weeks of receiving the Authorised Review Officer or Subject Matter Expert's decision. |
| 28 days | To apply for a second review in the Guidance and Appeals Panel of the Administrative Review Tribunal.
|
| 28 days | To appeal the decision of the Administrative Review 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.
|
| Â Administrative Review Tribunal (ART) | Has jurisdiction to review Centrelink's decision, but only after the decision has been reviewed by an Authorised Review Officer. |
| Guidance and Appeals Panel of the Administrative Review Tribunal | Has jurisdiction to deal with a second review. It can also decide on cases where the Tribunal decision has been made and may contain a mistake affecting the outcome of the original review.
|
Legislation
| Authority | Covers |
|---|---|
| Administrative Review Tribunal Act 2024 (Cth) | Establishes the Administrative Review Tribunal and sets out the powers and procedures of the Tribunal. |
| 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 Review Tribunal (ART) | There is no fee to apply for a first review at the ART. |
| 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 Review Tribunal (ART) | Application for review form - ART first review of a Centrelink decision (includes Paid Parental Leave claimant decisions) You can apply online, by email, by phone, in writing or in person at the Registry. For more information, see Centrelink payments on the ART website. |
| Guidance and Appeals Panel of the Administrative Review Tribunal | Application for Second Review of Decision. You can apply online or call the ART on 1800 228 333. For more information, see Guidance and Appeals Panel on the ART 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 apply to the Administrative Review Tribunal or the Federal Court of Australia and are unsuccessful, a costs order may be made against you. |
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Last updated: October 2024