Document ID: chunk:federal_register_of_legislation:C2025C00162:section:94:p2
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 94 (pt 2/5)
Character Range: 481471–484145

a continuing inability to work because of an impairment if the Secretary is satisfied that:
 (aa) in a case where the person's impairment is not a severe impairment within the meaning of subsection (3B) or the person is a reviewed 2008‑2011 DSP starter who has had an opportunity to participate in a program of support—the person has actively participated in a program of support within the meaning of subsection (3C), and the program of support was wholly or partly funded by the Commonwealth; and
 (a) in all cases—the impairment is of itself sufficient to prevent the person from doing any work independently of a program of support within the next 2 years; and
 (b) in all cases—either:
 (i) the impairment is of itself sufficient to prevent the person from undertaking a training activity during the next 2 years; or
 (ii) if the impairment does not prevent the person from undertaking a training activity—such activity is unlikely (because of the impairment) to enable the person to do any work independently of a program of support within the next 2 years.
Note: For work see subsection (5).
 (3) In deciding whether or not a person has a continuing inability to work because of an impairment, the Secretary is not to have regard to:
 (a) the availability to the person of a training activity; or
 (b) the availability to the person of work in the person's locally accessible labour market.
 (3A) If:
 (a) a person is receiving disability support pension; and
 (b) the Secretary gives the person a notice under subsection 63(2) or (4) of the Administration Act in relation to assessing the person's qualification for that pension; and
 (c) the person is not a reviewed 2008‑2011 DSP starter;
then paragraph (2)(aa) of this section does not apply in relation to that assessment.

Severe impairment
 (3B) A person's impairment is a severe impairment if the person's impairment is of 20 points or more under the Impairment Tables, of which 20 points or more are under a single Impairment Table.
Example 1: A person's impairment is of 30 points under the Impairment Tables, made up of 20 points under one Impairment Table and 10 points under another Impairment Table. The person has a severe impairment.
Example 2: A person's impairment is of 40 points under the Impairment Tables, made up of 20 points under one Impairment Table and 20 points under another Impairment Table. The person has a severe impairment.
Example 3: A person's impairment is of 20 points under the Impairment Tables, made up of 10 points each under 2 separate Impairment Tables. The person does not have a severe impairment.

Active participation in a program of support
 (3C) A person has actively