Assessing Continuing Inability to Work (CITW) 008-03040010

Assessing CITW helps determine if the customer is medically qualified for DSP.

To qualify for DSP, a person must have:

• a physical, intellectual or psychiatric impairment of 20 points or more under the Impairment Tables, and
• a CITW and for some people the assessment of a CITW also includes meeting Program of Support (POS) requirements

The assessment of an impairment rating and CITW are 2 separate assessments based on different criteria. They are of equal importance when determining eligibility for DSP.

The assessment of CITW and determining ‘where the customer's CITW occurred’ are separate.

To determine if the customer satisfies the residency requirements, the assessment of where the customer's CITW occurred is required if the customer does not have:

• 10 years qualifying Australian residence, or
• A qualifying residence exemption (QRE)

The assessment of where the customer's CITW occurred is made by Assessment Services. The process is included in Streaming a new claim for Disability Support Pension (DSP).

An assessment of CITW is not required if the customer is:

• participating in the Supported Wage System (SWS), or
• meets medical manifest eligibility for DSP

If a customer meets medical manifest eligibility for DSP and evidence indicates the customer is working for 15 hours or more per week, Assessors must consider the customer’s employment in their assessment to determine if the customer has a clear ability to work at least 15 hours per week in open employment.

Note: the assessment of where CITW occurred for residence purposes may still be required.

A customer has a CITW if their impairment alone prevents them from undertaking both of the following:

• work for 15 or more hours per week where wages are at or above the relevant minimum wage, for at least 2 years
• educational, pre-vocational, vocational, or work related training (including on-the job training) is unlikely (because of the customer's impairment) to allow the customer to do any work for 15 or more hours per week where wages are at or above the relevant minimum wage, within 2 years independently of a POS

A DSP Grandfathered recipient meets CITW criteria because of an impairment if they have an inability to:

• undertake work of 30 hours or more per week within the next 2 years
• undertake educational, vocational or on-the-job training to prepare for work within the next 2 years, or
• such training is unlikely, because of their impairment/s, to allow the customer to work for 30 hours or more per week within the next 2 years

A customer must have actively participated in a POS to meet CITW requirements when claiming DSP from 3 September 2011 who:

• is not manifestly eligible, or
• does not have a severe impairment

A customer is considered to have met POS if they have participated in a POS in the 3 years before their DSP claim. They must have complied with the requirements of the program, and:

• participated in the program for at least 18 months (78 weeks)
• completed a program that was less than 18 months
• the program was terminated because the customer was unable, solely because of their impairment, to improve their work capacity through continued participation in that program, or
• they are still participating in the program but solely because of their impairment cannot improve their work capacity through continued participation in that program

A JCA assesses the impact of the customer's medical conditions on their abililty to work. Where required, the JCA considers if the customer has actively participated in a Program of Support. The Assessor's recommendations help determines if the customer has a CITW.

The customer's ability to perform their usual work or work for which they are currently skilled is assessed initially. If this indicates an inability to work, the possibility of undertaking a training activity to perform any type of work within the next 2 years is then considered.

Other factors affecting CITW to consider include:

• physical and intellectual characteristics required to perform the work
• the customer's ability to demonstrate those characteristics, both current, and within the next 2 years
• the ability to:
• regularly report to work
• persist at work tasks
• understand and follow work instructions
• communicate with others in the workplace
• travel to/from work, and move around at work
• attend to their personal care needs in the workplace
• manipulate objects at work
• exhibit appropriate work behaviour
• undertake a variety of tasks and to alternate between tasks
• lift, carry and move objects at work
• if a customer requires a moderate to high level of ongoing assistance to maintain the employment
• the impact of a customer's impairment on their ability to do training activities. This includes mainstream training programs and programs designed specifically for people with physical, intellectual or psychiatric impairments
• if training is likely to allow the customer to do any work within the next 2 years
• if attendance at medical appointments/treatments interferes with their ability to work
• if the customer is fit for any work, either skilled or unskilled, without needing preparatory training, other than on-the-job training. This may involve consideration of:
• the customer's work history
• the customer's level and type of education and training history
• work which would be suited to the customer's work skills

The following factors are not considered in the assessment:

• the availability of the customer's usual work in the locally accessible labour market
• the availability of any work the customer could do or be trained for, within the locally accessible labour market
• the availability to the customer of a training activity that would help in developing work skills
• the availability to the customer of any kind of transport (public or private) to travel to and from work
• the customer's motivation to work, except when medical evidence indicates the lack of motivation is direct result of the impairment
• difficulties with literacy, numeracy or language which are not directly due to a medical condition
• the customer's preferences regarding the type of work or training
• the customer's potential attractiveness to an employer in a particular area of work
• employer preferences and discriminatory practices that exist in the open labour market

When assessing CITW, the possibility of undertaking training must be considered. Training for the purposes of these provisions include:

• All mainstream training (that is, programs not restricted to people with disabilities), for example TAFE courses. This includes programs that accommodate people with disabilities through the provision of aids such as;
• audio recorders
• monitors
• other equipment or environmental modifications, or
• make concessions such as allowing unscheduled breaks or allowing the course to be completed at participant's own pace
• Training which is designed specifically for people with impairments, that is, where it is a prerequisite for acceptance into the course that the customer has a disability
• Training programs that provide additional assistance to people as part of the program, solely because of their medical impairments, for example Disability Employment Services (DES)
• Mainstream labour market programs. An understanding of the educational and vocational training available is essential

The concept of training extends to the types of work in which the customer has potential to perform.

If the customer cannot participate in such training because of their impairment, they would satisfy the CITW criteria for DSP qualification.

The following factors are not considered when deciding if the customer can undertake training or benefit from it:

• the availability of suitable training in the local area
• the availability of suitable work in the locally accessible labour market following completion of the training
• if training will improve the customer's employability
• the customer's level of motivation except when medical evidence indicates the lack of motivation is directly attributable to the impairment
• the customer's preferences regarding the type of training
• the customer's potential attractiveness to an employer

The customer is considered to have a continuous inability to work or train, not only if their impairment prevents them from training, but also if:

• their impairment allows them to undertake training, but
• the training is unlikely to equip them with the necessary skills to undertake work within the next 2 years

In assessing if a customer can be trained for work within the next 2 years, the following factors are considered:

• if the customer has the necessary prerequisite skills
• the length of time it would usually take to complete the training, and
• the nature of the training being dependent on the type of work the customer is potentially capable of performing

In some circumstances, a customer who is studying or training may still qualify for DSP. To determine if the customer may satisfy the CITW criteria the following points are considered:

• if the customer would be able to benefit from such study or training within 2 years
• if the study or training is full-time

If the answer is 'no' to these points, this may indicate the customer meets the CITW criteria and therefore may qualify for DSP.

DSP recipients who commence study and remain entitled to DSP may be entitled to an Education Entry Payment (EdEP).

From 1 April 2023, a new version of Impairment Tables was introduced. The new Tables are used to assess a customer's medical eligibility for all DSP claims lodged on or after this date. See The Impairment Tables.