Document ID: chunk:federal_register_of_legislation:C2025C00162:section:94:p3
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 94 (pt 3/5)
Character Range: 483908–486531

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 participated in a program of support if the person has satisfied the requirements specified in a legislative instrument made by the Minister for the purposes of this subsection.
 (3D) The Secretary must comply with any guidelines in force under subsection (3E) in deciding whether the Secretary is satisfied as mentioned in paragraph (2)(aa).
 (3E) The Minister may, by legislative instrument, make guidelines for the purposes of subsection (3D).

Doing work independently of a program of support
 (4) A person is treated as doing work independently of a program of support if the Secretary is satisfied that to do the work the person:
 (a) is unlikely to need a program of support; or
 (b) is likely to need a program of support provided occasionally; or
 (c) is likely to need a program of support that is not ongoing.

Other definitions
 (5) In this section:
program of support means a program that:
 (a) is designed to assist persons to prepare for, find or maintain work; and
 (b) either:
 (i) is funded (wholly or partly) by the Commonwealth; or
 (ii) is of a type that the Secretary considers is similar to a program that is designed to assist persons to prepare for, find or maintain work and that is funded (wholly or partly) by the Commonwealth.
reviewed 2008‑2011 DSP starter means a person for whom all the following conditions are met:
 (a) the person made (or is taken to have made) a claim for disability support pension before 3 September 2011;
 (b) a determination granting the claim took effect after 2007;
 (c) on or after 1 July 2014 the person was given a notice under subsection 63(2) or (4) of the Administration Act in relation to assessing the person's qualification for that pension;
 (d) when the notice was given, the person was under 35 years of age;
 (e) before the notice was given, either:
 (i) there was a record that the Secretary was satisfied that the person was able to do work that was for at least 8 hours per week on wages at or above the relevant minimum wage and that existed in Australia, even if not within the person's locally accessible labour market; or
 (ii) there was no record that the Secretary had considered whether the person was able to do work described in subparagraph (i);
 (f) after the notice was given, the Secretary decided not to determine under section 80 of the Administration Act that the disability support pension for