Document ID: chunk:federal_register_of_legislation:C2025C00162:section:94:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 94 (pt 1/5)
Character Range: 478963–481701

94  Qualification for disability support pension
 (1) A person is qualified for disability support pension if:
 (a) the person has a physical, intellectual or psychiatric impairment; and
 (b) the person's impairment is of 20 points or more under the Impairment Tables; and
 (c) one of the following applies:
 (i) the person has a continuing inability to work;
 (ii) the Secretary is satisfied that the person is participating in the program administered by the Commonwealth known as the supported wage system; and
 (d) the person has turned 16; and
 (da) in a case where the following apply:
 (i) the person is under 35 years of age or is a reviewed 2008‑2011 DSP starter;
 (ii) the Secretary is satisfied that the person is able to do work that is for at least 8 hours per week on wages at or above the relevant minimum wage and that exists in Australia, even if not within the person's locally accessible labour market;
 (iii) if the person has one or more dependent children—the youngest dependent child is 6 years of age or over;
  the person meets any participation requirements that apply to the person under section 94A; and
 (e) the person either:
 (i) is an Australian resident at the time when the person first satisfies paragraph (c); or
 (ii) has 10 years qualifying Australian residence, or has a qualifying residence exemption for a disability support pension; or
 (iii) is born outside Australia and, at the time when the person first satisfies paragraph (c) the person:
 (A) is not an Australian resident; and
 (B) is a dependent child of an Australian resident;
  and the person becomes an Australian resident while a dependent child of an Australian resident; and
 (ea) one of the following applies:
 (i) the person is an Australian resident;
 (ia) the person is absent from Australia and the Secretary has made a determination in relation to the person under subsection 1218AAA(1);
 (ii) the person is absent from Australia and all the circumstances described in paragraphs 1218AA(1)(a), (b), (c), (d) and (e) exist in relation to the person.
Note 1: For Australian resident, qualifying Australian residence and qualifying residence exemption see section 7.
Note 2: For Impairment Tables see subsection 23(1) and sections 26 and 27.
Note 3: A person receiving disability support pension, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part 2.13.

Continuing inability to work
 (2) A person has 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