1. Copyright rests with the author of these materials
Copyright rests with the author of these materials. Reproduction without express written permission from the author is prohibited. All requests should be directed to the Legal Learning and Development Manager, Victoria Legal Aid, 350 Queen Street, Melbourne.
 Disclaimer: The material in this publication has been prepared for Victoria Legal Aid staff and community legal centre staff and volunteers for study purposes only. The information contained should not be relied upon as legal advice, and should be checked carefully before being relied upon in any context. Victoria Legal Aid expressly disclaims any liability howsoever caused to any person in respect of any legal advice given or any action taken in reliance on the contents of the publication.

2. Human right to social security
Article 9 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966:
“The States Parties to the present Covenant
recognize the right of everyone to social
security, including social insurance”

3. Convention on the Rights of Persons with Disabilities 2006
Disability results from the interaction between persons with impairments and attitudinal and environmental barriers
Majority of persons with disabilities live in conditions of poverty; the critical need to address the negative impact of poverty on persons with disabilities

4. In practice, not a concrete right
Misinformed community perceptions –easy to claim DSP!
DSP claimants v Dole bludgers
Assumptions about partiality of treating professionals
Preference of Centrelink experts (i.e. JCA, HPAU etc.)

5. If you disagree with a Centrelink decision
Can ask for a review
Ask for this within 13 weeks (back pay)
One in three Centrelink decisions get changed

6. Administrative Review Process
Centrelink decision
Authorised Review Officer
Administrative Appeals Tribunal - Social Services & Child Support Division (Tribunal Amalgamations Act 2015)
Administrative Appeals Tribunal – General Division

8. Reasons to Review The review process is informal
Ask for review by calling Centrelink
Result in important outcomes for the client
More detailed medical evidence can make a difference

9. Centrelink decisions – Administrative Review for the year 2014/15
Total
Applications %
Successful
Authorised Review Officer
111,982
33.9% (42,732)
Social Security Appeals Tribunal
12,289
24.7% (2,619)
Administrative Appeals Tribunal
1,999
20.3% (354)

10. Centrelink Decisions - Administrative Review
FOR YEAR 2009/10
Total Applications %
Successful
ARO
186,718
33.30%
SSAT
12,617
29.50%
AAT Customer Applications
2,647
27.50%
AAT Secretary Applications 79
40.40%

11. The “Holy grail” of DSP
Fully Diagnosed, Treated and Stabilised condition (FDTS)
Minimum 20 Impairment Points under Tables
Continuing Inability to Work (min 15 hours per week) in the next two years
Program of Support (min 18 months) if not “severe impairment”

12. Time line Claim period: Date of claim +13 weeks
Information outside this period can be of limited assistance
Can lodge a new claim any time
Lodging a new claim does not affect any appeal rights

13. Legal help can make a difference
Key factor: Availability of comprehensive medical evidence & interpretation
Reasonable treatment –looks at cost, availability and whether will lead to significant functional improvement

14. Realities of DSP
Permanent =Fully Diagnosed, Treated and Stabilised (FDTS)
Long term condition does not automatically mean FDTS
Even if severe functional impact, if FDTS hurdle not met, can not allocate points!
Issue : lengthy public
system waiting

15. Concerns Back condition -conservative management sufficient?
-need for cortisone injection?
-option of surgery?
-significant long term benefits?

16. Mental Health
Need diagnosis confirmed by a psychiatrist/clinical psychologist
Fluctuating/episodic conditions –ongoing fine tuning of medication = not FTS?
Unrealistic expectations?

17. Concerns
Issue : Unnecessary referrals to specialists to placate Centrelink and clogging up system?
Quest for supportive medical evidence –undermining therapeutic relationships?

18. Work Capacity
Even if long term recipients of DSP-review under new rules 2012
Inability to do any work= even light/sedentary work
Can’t take into account limited work experience, education or local job market

19. Impairment Tables
Allocation of impairment ratings – only if “permanent” /FDTS
Looks at functional impact
Nil/mild/moderate/severe/extreme according to descriptors (5, 10, 20 or 30 points)
Holistic assessment? Whole of the person??

20. Key Messages DSP claims are difficult to be made out
BUT detailed support materials often make
a difference
Clients have a right to review
adverse decisions
Can lodge new claims to re-test
eligibility

21. Where can people get help?
For free legal information over the phone
Victoria Legal Aid:
Monday to Friday 8:45 am to 5:15 pm
Phone the Translating and interpreting service on and ask to be put through to us.
Use the National Relay Service to call us if you have a h have a hearing or speech impairment

22. VLA Resources Commonwealth Entitlements Team
telephone advice: Legal Help
appointments for priority clients
find legal answers

23. Other Resources
Welfare Rights Unit Factsheets:
Social Security Rights Victoria:
(03)
A Guide to Australian Government Payments

24. Thank You!