Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:2_94a:p1
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 2 cl 94A (pt 1/3)
Character Range: 36001–38775

94A  Qualification for disability support pension—person transferring to that pension

Qualification

 (1) Subject to subsections (6) and (7), a person is qualified for a disability support pension if:
 (a) either:
 (i) on or after 1 July 2006, the Secretary considered or reviewed the person's capacity to work in connection with a social security benefit or social security entitlement; or
 (ii) if the person has previously qualified for disability support pension under this section—the Secretary last considered or reviewed the person's capacity to work in connection with a social security benefit or social security entitlement; and
 (b) as at the date of that consideration or review, the Secretary was satisfied that the person had a current inability to work because of a physical, intellectual or psychiatric impairment; and
 (c) immediately before qualifying for disability support pension under this section, the person was receiving a social security benefit or a social security entitlement (other than a disability support pension); and
 (d) the person has a physical, intellectual or psychiatric impairment that is 20 points or more under the Impairment Tables; and

Note: For Impairment Tables see subsection 23(1) and Schedule 1B.
 (e) after the end of a period of at least 2 years (the 2 year period) since the date of the consideration or review, the Secretary reviews the person's capacity to work (the 2 year review) in connection with the benefit or entitlement referred to in paragraph (c); and
 (f) the 2 year review is the first review, after the end of the 2 year period, of the person's capacity to work in connection with that benefit or entitlement; and
 (g) the Secretary is satisfied that the person has a current inability to work because of the impairment mentioned in paragraph (d); and
 (h) the person has been receiving a social security benefit or a social security entitlement in respect of a continuous period between the date of the consideration or review and the date of the 2 year review (whether or not the kind of payment received has changed over the period); and

Note: For the determination of whether a person received income support payments in respect of a continuous period of at least 12 months see section 38B.
 (i) either:
 (i) the person undertook such training activities during the 2 year period as were required under an agreement with the Secretary; or
 (ii) if the person was not required (whether under an agreement with the Secretary or not) to undertake training activities during the 2 year period—the person undertook during that period the type and number of training activities that the Secretary considers were appropriate for the person; and
 (j) the person meets the residency test in subsection (5);