Since 2021, SSRV has worked on the intersection between disasters – such as floods, bushfires and storms – and social security legal issues, understanding that disasters can cause or exacerbate issues that people may have with social security law, policy and/or administration. 

SSRV’s analysis and case work indicate that disasters can be a direct or indirect cause of disputes with Centrelink about social security payment eligibility, payment amounts, debts, mutual obligations and other administrative issues.

Since 2022, SSRV has undertaken project work to optimise our response to the social security legal needs of people affected by disasters, including the development and implementation of a Disaster Preparedness and Response Plan.

This work has increased our awareness of the need to engage in trauma-informed practice, and has led to a number of measures to increase our skills in this area.

What is trauma, and trauma-informed practice? 

According to Mental Health Australia, trauma can arise from single or repeated adverse events that threaten to overwhelm a person’s ability to cope. Many of those affected by trauma are inadvertently re-traumatised in systems of care lacking the requisite knowledge and training around the particular sensitivities, vulnerabilities and triggers of trauma survivors.

Trauma-informed practice is a strengths-based framework which is founded on five core principles – safety, trustworthiness, choice, collaboration and empowerment as well as respect for diversity.  Trauma-informed services do no harm – they do not re-traumatise or blame victims for their efforts to manage their traumatic reactions, and they embrace a message of hope and optimism that recovery is possible. Trauma-informed care involves first recognising and then responding to the effects of trauma.

It’s very clear that losing your home to bushfire; losing your job because your employer’s business is overwhelmed by flood; losing a loved-one, neighbour, family member or friend to the ravages of a weather event; or any of myriad other disaster-related circumstances of loss; can all be traumatic experiences.

This means that the work of SSRV must be trauma-informed. It’s challenging enough for anyone to decide to take issue with the actions of a giant government agency such as Centrelink; it’s even more so to do this in the aftermath of a disaster. As a team of lawyers, financial counsellors and other professionals supporting clients impacted by disasters, it’s essential that the delivery of our services does not act as a re-traumatising event.

A 2022 Law Institute of Victoria article, “Trauma-informed Practice – Increasing Awareness”, highlights the relevance of trauma-informed practice to the work of legal practitioners. Some of the issues it highlights are:

·                Recounting experiences can trigger a fight, flight or freeze responses, and trauma-informed practice empowers lawyers and other workers needs to be empathetic to unexpected client behaviours.

·                Trauma can produce a range of other behaviours including anger, reduced cognitive capacity, avoidance, detachment, risk-taking and substance abuse, jumping up, lashing out, difficulties following questioning, incomplete/non-linear narrative, shutting down, lack of engagement – all of which are potentially problematic to a lawyer/client relationship until or unless they are viewed through a trauma-informed lens.

·                Working with people who have experienced trauma carries a risk of vicarious trauma, including adverse health effects for lawyers and other workers as a consequence of hearing many challenging client stories or encountering challenging client behaviours.

As part of our trauma informed practice training, SSRV staff and management have workshopped the practical application of trauma-informed practice to ensure that we take a trauma informed approach to client service delivery. Taking a lead from the experts, our practice includes:

·                Being consciously transparent – clear about what will happen, when and why – to facilitate trust and minimise feelings of powerlessness,

·                Responding to complex behaviour appropriately, and understanding such behaviour can be a response to trauma rather than a personal affront,

·                Encouraging people affected by trauma to access services, supports and interventions to improve recovery,

·                Actively attending to our own self-care and supporting colleagues.

You can read more about Centrelink support for people directly affected by a declared natural disaster on the Services Australia website.

In September 2024, SSRV launched our Disability Support Pension (DSP) clinic through a pro bono partnership with Hall & Wilcox.

DSP consistently remains one of the most common reasons clients and workers contact SSRV for help. The DSP clinic allows more vulnerable Victorians access to justice by providing one-hour long appointments with a lawyer to discuss their DSP eligibility and answer any questions.

Eight months on and the clinic has supported SSRV to increase our capacity by delivering more than 50 additional legal advice appointments to Victorians encountering difficulty understanding the complex DSP eligibility criteria, navigating the application process and accessing advice on their right to seek review of a DSP rejection decision. In addition to the phone advice appointment, the lawyer provides each client with an overview of the advice provided via email. Through the clinics, the lawyers can also review medical documents and provide letters to treating doctors seeking a DSP letter of support.

At SSRV we believe access to quality and independent specialist information and advice for vulnerable Victorians is fundamental. We are incredibly proud of the partnership we have developed with Hall & Wilcox and thank them for their support of this vital work.

If you or your client has a DSP issue, you can seek help from SSRV by calling out Legal Assistance Line or our Worker Help Line.

Image: from left to right, Shyla, Natalie, and Tom (SSRV DSP Clinic)

SSRV delivers free webinars on common Centrelink topics, to complement our tailored sessions and to make our community legal education more accessible than ever before. The topics covered in these webinars include Disability Support Pension, Centrelink debts, seeking review of a Centrelink decision, compensation payments and the intersection between Centrelink and family violence.

The response to our both our tailored sessions and webinars has been incredibly positive. In the first six months of this financial year, we delivered community legal education to over 331 workers and community members. Participants range from financial counsellors, social workers, and community lawyers, to health workers and other professionals in the community.

We value the feedback provided by attendees as it supports our planning and development of future sessions. Of the participants who provided feedback after attending a session in the first six months of this financial year, 99 per cent said that following the session they had an improved understanding of SSRV and its services, while 100 per cent said they felt more confident in identifying and responding to client social security matter.

Check your inbox for information about future webinars, and if you would like to discuss whether we can provide your service with a tailored session, please contact us by email on info@ssrv.org.au.

Navigating a complex system such as Centrelink can cause significant distress. This is especially true for clients experiencing multiple issues and events simultaneously and for those who have a history of trauma. Additionally, accessing social security benefits often occurs during periods of significant change and disruption in a person’s life.

We commonly assist clients who are referred to us by other helping professionals such as financial counsellors, social workers and disability advocates through our Worker Help Line, who have been unable to continue with the Centrelink application process, or whose application to Centrelink has been rejected.

This referral service supports access to justice for vulnerable clients while they retain the support of their worker if they choose. SSRV provides legal advice, and in some cases, can provide representation for the client and advocate directly to Centrelink on their behalf. The client benefits from the ongoing expertise and support of their worker working alongside the SSRV lawyer to provide an integrated service for clients.

Susanna’s story

Susanna applied for the Disability Support Pension (DSP) with the assistance of her social worker. Unfortunately, her application was rejected on account of her condition/s not being diagnosed, reasonably treated, and stabilised. Susanna’s Social Worker contacted SSRV via the Worker Helpline to ask for assistance with applying for an internal review of the decision by an Authorised Review Officer (ARO).

Susanna had been diagnosed with chronic and complex Post Traumatic Stress Disorder (PTSD). Her symptoms severely impact her capacity to engage with work and study. The key issue for Susanna’s DSP application was whether her conditions were fully treated and stabilised. Centrelink had previously decided her conditions did not meet this criteria because she had not engaged in some forms of treatment and therapy.

The SSRV lawyer gave Susanna and her social worker initial advice about the DSP eligibility criteria and Susanna’s options for making a new DSP application or seeking an internal review of the rejection decision.

During the appointment, the SSRV lawyer identified that Susanna’s past trauma and background made communicating with Centrelink challenging for her, and because of the risk of family violence and homelessness, there was a real urgency to her matter.

The SSRV lawyer reviewed Susanna’s medical documents and with her consent, the SSRV lawyer assisted Susanna and her social worker to gather further medical evidence. The SSRV lawyer wrote to Susanna’s treating health professionals, setting out exactly what information was required to address the reasons Centrelink had rejected her DSP application. 

With Susann’s consent, the SSRV lawyer then wrote to Centrelink to lodge an internal review application of the DSP rejection, and submitted supporting letters from Susanna’s consulting psychiatrist, GP, and SSRV. 

The internal review was successful and Susanna’s DSP application was approved. The internal review officer decided that the original decision to reject was incorrect, and that Susanna’s conditions were in fact fully treated and stabilised. This was because Susanna’s treating health professionals were able to specifically address the reasons why Centrelink had initially rejected Susanna’s DSP application.  

Susanna’s social worker was instrumental in securing this result for her. She helped Susanna’s treating health professionals work together with the SSRV lawyer. The social worker also provided invaluable moral support to Susanna throughout with what was a stressful process for her.

During the review process Susanna noted that she felt like she couldn’t breathe, and following a successful outcome, she said she feels like a weight has been lifted off her shoulders. She was so relieved to have it all behind her and achieve this result. It was a great outcome and demonstrates how effective integrated service provision is for our clients.

The SSRV Worker Help Line lawyers work collaboratively with other professionals such as financial counsellors, social workers and disability advocates through our Worker Help Line, offering free specialist information on social security law and Centrelink. You can call the Worker Help Line on 03 9481 0655 for support when you are working with a client, or to enquiry about making a referral.

SSRV’s Worker Help Line has been an integral part our services since it was established in 2018. It operates Monday to Friday and provides workers who are supporting clients with a Centrelink issue an opportunity to speak with an SSRV lawyer to access information or secondary consultation and a warm referral pathway.

In the period July 2024 – December 2024, SSRV’s Worker Help Line received calls from 176 community workers across a range of organisations located throughout Victoria. These included financial counsellors, community lawyers, health workers, social workers, disability advocates and housing workers.

While the most common enquiries related to Disability Support Pension, Family Tax Benefit and Jobseeker payment, enquiries covered nearly all payments Centrelink administer under the Social Security and Family Assistance Legislation.

Workers contact us about a range of issues including residency requirements, eligibility criteria, rejections of claims, changes in rate of payment, overpayments, waiting periods, portability, income and assets, compensation preclusion periods, and cancellation or suspension of payments.

Examples of the different types of enquiries workers may seek information and secondary consultation about include:

· A client who has recently become an Australia permanent resident, does not have any income, has experienced family violence and is having difficulty accessing Centrelink payments.

· A New Zealand citizen who is trying to understand whether they have any eligibility for Jobseeker payment or Parenting payment based on their residency status.

· An Age Pensioner who has entered aged care and subsequently had their age pension cancelled due to the assets test.

· A client who has an overpayment of Family Tax Benefit based on their failure to lodge their tax return.

· A client who has an overpayment for failing to report income.

· A client who has applied multiple times for DSP but been rejected each time and doesn’t know what to do as Jobseeker payment is unsustainable long term.

· A client who is wanting to know if the debt can be waived based on the ‘special circumstances’ debt waiver provisions as they have experienced homelessness, family violence, disability and financial hardship.

· A client who was rejected for DSP, unsuccessful with their internal review of the rejection decision, and is wanting to know whether they should appeal to the Administrative Review Tribunal.

· A worker who is helping their client apply for DSP and needing advice on the medical evidence requirements for the client’s specific conditions.

· A worker is looking to refer a client for representation at the Administrative Review Tribunal as they have been unsuccessful with an internal review.

We also run a regular series of online webinars on common social security issues, such as Debts, DSP eligibility criteria, Family Violence and social security, and appealing Centrelink decisions. For information about future webinars, make sure you’re signed up for our email newsletter or check our website.

You’ve probably heard of our DSP Help and Social Security Debt Help websites, but did you know that since April 2023, SSRV has been working on the Leveraging DSP Help Project? It’s a project that involves us taking the learnings from the two websites, and expanding them, to further improve user outcomes. Here’s what we’re doing and how it can help you or a client you’re supporting.

The DSP Help Project began in 2020, using human-centred design and technology to develop a free online resource with information about the Disability Support Pension and tools people can use to help gather medical evidence in support of their application to the DSP. Our overall goal was to help people make better applications and appeals for the DSP.

Leveraging DSP Help was the next iteration of the DSP Help Project. We aimed to use the experience, skills, and resources SSRV had from that project to create a similar resource for people with Centrelink debts.

In 2023 we did just that. SSRV undertook a human-centred consolation process, and used this to design and develop a second website, Social Security Debt Help, which was launched in December 2023.

In 2024-2025, Leveraging DSP Help entered its second year. SSRV worked again to undertake a human-centre consolation process to further develop the online resource, and use our learnings from the first year to further develop the website. Importantly, we obtained feedback on the content and structure of the website, and the barriers preventing use and were provided with recommendations on how to improve the resource which SSRV is now reviewing.

We estimate that in the second year of the project, more than 2,000 people were reached through legal services, community legal education and through Social Security Debt Help.

In 2024-2025 the project delivered legal advice appointments, legal tasks, representation matters at the Administrative Review Tribunal, and representation matters at the internal review stage within Centrelink, as well as community legal education training sessions delivered to community workers including financial counsellors, social workers, disability advocates and others.

I have a Centrelink debt, what can I do?

As a first point of call, you can visit our website Social Security Debt Help. The website has general information about Centrelink debts and what you can do to address them. There is a chat-bot function that enables you to include specific information about your Centrelink debt and generates an information kit for you to download. If, after visiting the website, you need further information you can call our general intake line on (03) 9481 0299.

I’m a professional supporting a client with a Centrelink debt, what can I do?

Again, as a first point of call, we recommend that you visit our website Social Security Debt Help. You could use this as a resource with your client, for example, supporting them to complete the chat-bot information kit function, or you could refer your client to the website. If you are looking for further information on Centrelink debts or to refer a client to our legal advice service, you can call our worker helpline on 0419 793 65

“This is a fantastic tool. I’ve been so overwhelmed in trying to apply for DSP and this tool has helped so much. It makes me feel supported. Thank you.” DSP applicant, Melbourne

It’s been five years since our website, DSP Help, launched, and over that time, DSP Help has proved to be an invaluable resource, changing the lives of people applying for the Disability Support Pension.

DSP Help was created with three key objectives:

1. Providing information that applicants and those supporting them can use to better understand the DSP and make better applications and appeals;

2. Providing a chatbot users can use to create a medical evidence kit to assist in gathering medical evidence to support their application or appeal; and

3. Providing a way for users who were not able to self-advocate with the assistance of online tools to link into SSRV’s other more intensive services.

The free online resource is aimed at an audience of DSP applicants and those who support them to do this, including friends, family and community workers such as financial counsellors, social workers, advocates, doctors and health workers. Within these cohorts, the resource was particularly aimed at the “missing middle”: the users with mid-level support needs who are able to self-advocate with the right tools.

DSP Help has now become a widely used and well-regarded resource. Between the launch of DSP Help on 13 July 2020 and 1 July 2021, approximately 18,000 people visited the DSP Help website. Between 1 January 2024 – 31 December 2024 approximately 37,000 people visited the website. That’s more than double the users in five years!

DSP Help Project has been able to integrate with and contribute to SSRV’s broader offering of services. For example, the project contributes one day a week to the Worker Help Line service, one day a week to a clinic legal advice service, by offering representation and ongoing assistance file work, community legal education delivered to community workers and to advocacy work.

“Your advice and preparatory work prior to the AAT [Administrative Appeals Tribunal] hearing has contributed extensively to this positive outcome,” one user told us. “As I have said many times – thank you – to you, your colleagues and the SSRV for your guidance. Your extensive knowledge of the legislation around disability and implementation procedures, your passion for the needs of people with disabilities and your attention to detail is outstanding.”

SSRV would like to thank the Victorian Legal Services Board Grants Program for the funding provided to SSRV to design, implement and evaluate the DSP Help Project.

Victim survivors of family violence often rely on social security payments, such as Parenting Payment, Family Tax Benefit, JobSeeker Payment and Child Care Subsidy, to develop financial independence and security, as they build a life free from violence. Yet, for victim survivors who have migrated to Australia, complexity of social security law can make accessing life changing Centrelink payments difficult.

In addition to payment specific eligibility criteria, most social security payments require someone to be an ‘Australian resident’. Residency is a complex and technical area of the social security legislation because Australian resident has a specific definition. There are also waiting periods that often apply even after someone is an Australia resident. However, there are also numerous exceptions that can apply, depending on the payment and circumstances. 

At SSRV, we regularly provide secondary consultation and assistance to workers who are supporting a victim/survivor where Centrelink have rejected their claim for a Centrelink payment based on residency criteria.

What is an ‘Australian resident’?

Under the social security and family assistance legislation, someone is an Australian resident if they hold a permanent visa, are an Australian citizen, hold a protected special category visa or a specific temporary visa.

Sometimes there can be confusion about whether someone has a temporary visa or permanent visa, and it is useful to know the specific visa subclass number to help establish what type of visa it is.

Once someone receives Australian Citizenship, they can generally start accessing Centrelink payments straight away. However, some payments (Age Pension, Disability Support Pension and Parenting Payment) have an additional ’qualifying residency requirement’. This refers to someone having to live in Australia for a minimum period of time before they can access the payment.

If a person holds a permanent visa, they must generally serve a Newly Arrived Residents Waiting Period (NARWP) of between a one and four years before they can access any Centrelink payments. This is in addition to having to also having to meet the Qualifying Residency requirement. They can, however, be served concurrently, which is especially important for Parenting Payment.

For victim/survivors of family violence, residency requirements can be a barrier to leaving a relationship while on a temporary visa and consequently creates significant safety risks. It also continues to make them financially dependent on the perpetrator.

Qualifying Residency requirements for Age Pension, Disability Support Pension and Parenting Payment

The Age Pension and DSP have a 10-year qualifying residency requirement, while Parenting Payment has a 2-year qualifying residency requirement. The 10 years residency can be made up of 10 continuous years at any point in the past, or multiple periods of residency as long as one period is at least five continuous years in length. For Parenting Payment, the 2 years can be made up of continuous residency or multiple shorter periods combined.

There are exemptions from the qualifying residency requirement. For all three payments, residing in Australia and being a refugee or former refugee provides an exemption. 

A further exemption for DSP is available if the applicant’s ‘Continuing Inability to Work’ arose after they met the definition of Australian resident (ie. became an Australian Citizen or permanent visa holder). There is a further exemption for applicants who were born outside of Australia and were a dependent child of an Australian citizen or permanent visa holder at the time their Continuing Inability to Work occurred. 

For Parenting Payment, exemptions apply if they became a single parent after becoming an Australian resident, or they are a family member of a refugee or former refugee.

Newly Arrived Residents Waiting Period (NARWP)

Most of the time, the NARWP starts from the date a person is granted their permanent visa or the date they arrive in Australia on a permanent visa, whichever is later. In some limited circumstances, however, the time in Australia on a temporary visa can count towards the NARWP.

There are exemptions from having to serve NARWP. These include, where someone holds a specific temporary humanitarian visa, refugees or former refugee, family members of a refugee, those who have experienced a substantial change in their circumstances beyond their control after arriving in Australia, and those who became a lone parent while an Australian resident.

For victim/survivors of family violence, the most common exemptions that apply are the substantial change in circumstances and becoming a lone parent after becoming an Australian resident. Each of these exemptions, have specific eligibility criteria and so it is important to seek advice if Centrelink has rejected a claim. This is because family violence is recognised as a relevant change in circumstances and often victim/survivors are seeking payments after they have separated from the perpetrator.

International Agreements

Australia has agreements with more than 30 countries that may allow someone to access certain payments, such as DSP and Age Pension, even if they don’t meet the residency criteria outlined above. Each agreement specifies the payments covered and Centrelink have a dedicated International Service team to assist with enquiries.

New Zealanders

Australia has an agreement with New Zealand that allows New Zealand citizens to remain in Australia indefinitely on a Special Category Visa (subclass 444). However, visa subclass 444 is only a temporary visa and not a permanent visa. This means, that New Zealand citizens who arrived in Australia on this visa after 26 February 2001 will be unable to access most Centrelink payments whilst holding this visa. 

If they have children, they can access Family Tax Benefit and if their child meets the Australian Resident definition, they may be able to receive Special Benefit on the child’s behalf. 

New Zealanders on non-protected special category visas are eligible to receive six months of JobSeeker payment or Youth Allowance once they have lived in Australia continuously for 10 years. 

Meanwhile, New Zealand citizens who were in Australia before 26 February 2001 (and therefore hold protected special category visas) are generally eligible to access all Centrelink payments.

The residency requirements often create significant confusion and many only first become aware of potential residency issues when they experience life events that trigger the need to access Centrelink payments.

Fortunately, in July 2023 the Australian government established the pathway to citizenship for NZ citizens which enables them to access Australian Citizenship without having to obtain a permanent visa first. This in turn means they can then access Centrelink payments faster as they won’t have to serve the NARWP once they have Australian Citizenship. However, they will be subject to the qualifying residency requirements for Age Pension, DSP and Parenting Payment unless an exemption applies.

When to get advice

The residency requirements, waiting periods, qualifying residency requirements and exemptions are technical and complex. As such, we recommend contacting SSRV’s Worker Helpline or Legal Assistance Line to discuss yours or your client’s circumstances, especially if you are unsure whether you meet the residency criteria or Centrelink have said they don’t think you’re eligible.

If you are supporting a victim/survivor of family violence needing to access Centrelink payments, the following information can help us provide you advice on whether they meet the residency criteria or may be eligible for an exemption from having to do so:

· the country from which they have emigrated,

· the visa subclass number they have currently and what date this visa was granted,

· whether they have children and if so, how old they are and whether they were born in Australia to at least one Australian Citizen parent,

· their experience of family violence,

· their financial circumstances in terms of access to money in bank accounts / savings accounts etc,

· if they are a single parent, what date they became one

· if they have medical conditions or a disability, what date this arose.

We’re just a few months into 2025 and already there have been several updates to Centrelink and Employment Services that may impact you or a client you are supporting. Here’s a recap of three recently introduced changes:

1. Increases to Payment Rates

This year, the Australian Government implemented several increases to Centrelink payment rates, to assist recipients in managing the rising cost of living. These adjustments, scheduled to come into effect on 20 March 2025, aim to ensure that Centrelink payments keep pace with inflation.

January 2025 Increases:

Effective from 1 January 2025, over one million Australians receiving Youth Allowance, Austudy, and Carer Allowance experienced the following increases:

Youth Allowance:

·    Single, over 18, living at home: Increased by $17.30 to $477.10 per fortnight.

·    Single or partnered, living away from home: Increased by $24.30 to $670.30 per fortnight.

Austudy:

·    Single with dependent children: Increased by $30.60 to $845.80 per fortnight.

Carer Allowance:

All eligible recipients: Increased by $5.80 to $159.30 per fortnight.

March 2025 Increases:

The next round of indexation is scheduled for 20th March 2025 affecting payments, including the Age Pension, Disability Support Pension, Carer Payment, JobSeeker, and Commonwealth Rent Assistance. While exact figures are yet to be confirmed, you can anticipate increases aligned with inflation rates.

2. Extended Medical Exemptions

As of 1 January 2025, Services Australia has implemented significant changes to the duration of medical exemptions for individuals receiving Centrelink payments. Previously, medical certificates could exempt recipients from mutual obligation requirements for up to 13 weeks. The new policy extends this exemption period to a maximum of 24 months, providing greater flexibility and support for those facing health challenges.

This policy change affects several Centrelink payments, including:

· JobSeeker Payment

· Youth Allowance for job seekers

· Parenting Payment Single (when the youngest child turns six)

· Special Benefit for Nominated Visa Holders

If the medical certificate expires and the recipient remains unable to meet their requirements due to the same medical condition, they can request a further exemption. This is contingent upon the incapacity being temporary. A new medical certificate will be necessary, and Services Australia may refer the individual for an Employment Services Assessment (ESAt) to evaluate their capacity to work.

Some Disability Support Pension applicants are required to actively participate for 18 months in a Program of Support, prior to applying for the DSP. Effectively, this means participating in your JobSeeker Payment mutual obligations and actively engaging in your job plan. You must complete 18 months of active engagement within the three-year period prior to applying for the DSP. 

Periods of time where medical exemptions have been applied won’t count toward the 18-month requirement. For this reason, if you are considering applying for the Disability Support Pension, you should think carefully before entering a 24 month period of medical exemptions, as this will likely mean that you do not complete a Program of Support.

3. Employment Services – New Complaints Line

The Department of Employment and Workplace Relations (DEWR) has introduced a new complaints line for individuals who wish to raise concerns regarding Employment Services and Parent Pathways. This line offers a direct way for individuals to report issues or dissatisfaction with employment service providers, and is designed with the intention that complaints are addressed in a timely and efficient manner.

To make a complaint, individuals can visit the DEWR website and follow the process outlined for submitting their concerns. The complaints system aims to provide transparency and improve the quality of services offered to job seekers and parents participating in government employment programs.

For more details, you can visit the official DEWR complaints page.

Perhaps you’re wanting to visit family; maybe you’re planning a holiday to New Zealand; maybe a trip to Asia is part of your treatment plan. There are many reasons why people receiving DSP leave our shores, sometimes for a couple of weeks, sometimes for months, and they all want to know the one thing: will they continue to receive their payments while out of the country?

Under social security law, continuing to receive payments when travelling overseas is known as ‘portability’. There are different types of portability, and this means the amount of time you can spend overseas without your DSP payment being suspended or cancelled depends on your individual circumstances.  In most cases, if you’ve been residing overseas and have recently returned to live in Australia, you will need to wait two years before you are eligible to be paid under the portability provisions unless an exemption applies.

Temporary DSP portability

DSP recipients are eligible for general temporary portability of up to four weeks in a rolling 12-month period. This can be used all at once, or multiple times across the 12-month period and there are no restrictions on where you travel to or why you are travelling.  Even so, it is important to let Centrelink know when you are travelling and the dates you will be absent from Australia.

In certain circumstances, Centrelink can grant a further temporary portability period provided you satisfy the relevant criteria.

1. Approved absence

Centrelink can grant you additional portability for up to a four-weeks if you are seeking eligible medical treatment, attending an acute family crisis or for a humanitarian purpose. Each of these reasons has specific eligibility criteria. As such, to access additional portability under these provisions, you will need to contact Centrelink. Centrelink will then assess your request and decide whether to approve your reason for travelling and grant you additional temporary portability.  

2. Discretionary extension

Centrelink has a discretion to extend portability if you are overseas and because of an emergency situation you are prevented from returning to Australia before your current portability period ends. As soon as you become aware that you may not be able to return to Australia as planned, you should contact Centrelink to advise them and ask then to grant you a discretionary extension.  The Social Security Act 1991 lists the following circumstances where this discretion may be available:

• A serious accident involving the person or a family member of the person;
• A serious illness of the person or a family member; 
• The hospitalisation of the person or a family member; ·
• The death of a family member;
• The person’s involvement in custody proceedings in the country in which the person is located; 
• A legal requirement for the person to remain outside Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the person); 
• Robbery or serious crime committed against the person or a family member; 
• A natural disaster in the country in which the person is located; 
• Political or social unrest in the country in which the person is located; ·
• Industrial action in the country in which the person is located; 
• A war in the country in which the person is located.

3. Family member posted overseas for work

The Social Security Act 1991 also states that Centrelink may extend portability if someone is severely disabled (which means their disability makes them totally unable to work for at least the next two years), they are wholly or substantially dependant on a family member, their family member has been sent overseas for work and they will continue to live with their family member while overseas.  Again, you will need to contact Centrelink to request portability under this provision before leaving Australia.

Unlimited DSP portability

Unlike the temporary portability provisions above, unlimited portability means there is no set period of time you can be paid DSP while travelling overseas.  Generally, you need to be present in Australia when you apply for unlimited portability, and undergo a medical assessment before departure. If you are already overseas, you would need to return to Australia for the assessment unless you’re unable to return because of a serious accident or have been hospitalised before the end of your current portability period. 

To be eligible for unlimited portability, you will need to provide medical evidence demonstrating you are either:

• terminally ill and returning to your home country or to be near a family member, or
• have a severe impairment (which means 20 points on one impairment table), that the impairment will continue for the next five years without any significant improvement and you will have no work capacity at all for the next five years because of the impairment.

The severe impairment eligibility criteria are a significantly higher threshold than the standard medical eligibility criteria someone must meet to qualify for DSP. As such, it is important to note that there is a risk your DSP could be cancelled following this assessment if Centrelink decide you no longer meet the general DSP eligibility criteria. 

International Agreements

Australia has international agreements with certain countries under which someone can still access DSP if they have difficulty satisfying the DSP criteria.  If someone is being paid DSP under an International Agreement and they are travelling to that country, then the portability provisions may be different and will depend on the specific agreement under which they are being paid.

What happen once portability has been exhausted?

Unless granted unlimited portability, once you exhaust your temporary portability period, Centrelink will generally suspend payments for up to 13 weeks before cancelling the payment. If you return to Australia during the 13-week suspension period, you can contact Centrelink and ask for your DSP payments to be restarted.  If your payment ends up being cancelled, you would need to make a new application for the DSP when you return to Australia. You will likely need to re-establish your current medical eligibility for the DSP.

The suspension and/or cancellation decision can also be reviewed.  Depending on the circumstances, there may be merit to seeking a review of the decision to suspend and/or cancel your DSP if you could have been eligible for an extension of your temporary portability.

Seeking review of a Centrelink decision

If Centrelink makes a decision to cancel or suspend your DSP, or reject an application for additional or unlimited portability, you can seek an internal review of the decision(s) by completing and uploading the SS351 form through your MyGov account or calling Centrelink to request an internal review. 

You must ask for an internal review within 13 weeks of the original decision in order to preserve any back pay entitlement if a review is successful.

The review request will be allocated to a Centrelink Authorised Review Officer who will either affirm or change the original decision. They will also send a letter explaining the reasons for their decision. 

Click here for a fact sheet produced by Economic Justice Australia providing more information about the Review process.

Getting help

The portability provisions are a complex and technical area of social security legislation, and their application is largely dependent on the individual’s circumstances. The information outlined in this article is general in nature and is not intended as legal advice.  

We encourage you to contact our Worker Helpline or Legal Assistance Line if you or your client is planning to travel overseas to obtain advice on individual circumstances.