For many Victorians who cannot work due to illness, injury or disability, the Disability Support Pension (DSP) can provide regular income to support an improved quality of life – but it can be difficult to access due to the precise and strict eligibility criteria.

Requests for information and legal assistance about how to access the DSP are among the most common matters SSRV receive. In addition to the criteria, the application process is lengthy, complex and can also be difficult to navigate. This difficulty for applicants living with a disability to submit a robust application can be further compounded by their daily challenges, limited income and support.

SSRV often hears from clients, medical professionals, and social and community workers supporting clients, that the application process causes significant stress for applicants who are doing their best to ensure they provide Centrelink with what they need to assess their eligibility.

In response, SSRV developed DSP Help, a free online support tool to support clients to self-advocate, which provides information in plain language to guide applicants, health professionals, and community workers to obtain quality medical evidence.

DSP Help includes template letters and suggestions on how to lodge better DSP applications.

Florence* had been working two days a week in aged care until she was forced leave due to challenging medical conditions which include epilepsy and autoimmune diseases.

After her first DSP application was rejected, Florence called SSRV and spoke with a SSRV Community Lawyer, seeking advice.

During her appointment, Florence said she was not certain her treating doctor had noted her multiple medical conditions, or that the doctor was familiar with the DSP Impairment Tables that Centrelink uses to assess DSP eligibility.

The lawyer discussed the options available to Florence and recommended she obtain new quality medical evidence and use DSP Help to guide her through the application process.

Florence used the DSP Help to work out what medical evidence she needed. She reviewed the Impairment Tables and the corresponding explanation on DSP Help, and this helped her better understand what she needed to discuss with her doctor. She used the DSP Help medical evidence bot to ensure she understood how her medical conditions affected her and her ability to work.

Florence also downloaded the template letters to provide to her doctor, who used the template to write a letter of support which directly addressed the DSP eligibility criteria. By using DSP Help Florence was able to ensure her second DSP application was as strong as possible.

SSRV’s wrap-around service of providing advice, information and free online tool, provided Florence with comprehensive support. Florence told us that this approach gave her the confidence to gather the right evidence, feel good about submitting a second and better DSP application, and supported her to self-advocate.

She said that DSP Help gave her confidence to work with her medical professional to ensure she obtained precise, quality medical evidence.

Florence said DSP Help was easy to navigate and that she considered the tool essential to ensuring she met the DSP criteria by providing the right medical evidence. It saved her substantial time researching on the internet as the information she needed was in the one place. It reduced her stress significantly and she told us she felt confident that she did everything she could to provide quality medical evidence.

Since lodging her application Florence has been contacted twice by Centrelink officers who are now re-assessing her DSP eligibility.

*Name has been changed.

In Australia, there is a common misconception that if you live by the water or within the suburbs of a major city, you are safe from bushfires. There is also a common misconception that if your area is affected one year, you’ll be safe the next.

The devastating wildfires in the USA raise two questions for Australians: could Australian cities such as Sydney and Melbourne face similar catastrophic fires? And how prepared are we for this? The answers are: yes, and not very prepared.

Australian cities, such as Canberra and Melbourne, have in the past experienced large-scale uncontrolled bushfires (the 2003 Canberra bushfires and Black Saturday bushfires in Melbourne) within and close to the city limits, though not to the same magnitude as the fires recently seen in California. As climate change drives more intense and frequent extreme weather globally, this is likely to increase the likelihood of such fires occurring both in fire danger areas, as well as areas previously at low or reduced risk.

Fires are often accompanied by a heatwave event, as was the case with both the LA and recent Victorian Grampians fires, resulting in the ‘perfect storm’. In a recent article we discussed the fact that despite having devastating impacts on human and environmental health, a heatwave has never been declared a disaster in Australia.

A heatwave disaster declaration would allow the suspension of JobSeeker Payment mutual obligations and the pausing of social security debt repayments, along with the potential activation of disaster payments and allowances.

There is nothing in current social security law and policy which prevents the state governments from declaring a heatwave disaster. It requires no additional legislation in Victoria in order to unlock these provisions of social security law for affected people, who are often already more vulnerable to extreme heat due to housing disadvantage.

SSRV is interested in learning more about individuals’ experiences of social security protection and support in the event of a heatwave. If you have a story you’d like to tell us, please get in contact with us by emailing info@ssrv.org.au.

Extreme heat is a real concern for many Australians in the lead up summer, but it is especially concerning for those most vulnerable to its effects. Research conducted by the Australian Council of Social Service (ACOSS) and the Victorian Council of Social Service (VCOSS) shows that people who live in social housing, the majority of whom are Centrelink recipients, are especially vulnerable to extreme heat.

According to an ACOSS report released earlier this year, people experiencing financial hardship and who are reliant on social security are struggling to keep their homes cool in summer and as such are suffering from heat-related illness. Alarmingly, 60 per cent of people surveyed find it increasingly difficult to pay their energy bills, with 26 per cent in or facing energy debt.

Furthermore, research by VCOSS has confirmed that six of Melbourne’s most disadvantaged local government areas are within the eight hottest areas of Melbourne. This means that if you live in a low socio-economic area, you’re more likely to also live in an area with higher urban heat.

This all echoes what Social Security Rights Victoria knows about the correlation between lower socio-economic indicators and climate disaster risk in regional areas – it’s another form of postcode injustice.

With the rising cost of living, including energy costs, many people may find themselves in financial distress this summer, either as a consequence of or exacerbated by heat-related illness. This in turn leads to an increased risk of experiencing social security legal issues.

According to disasterassist.gov.au, a “heat wave” disaster has never been declared in Australia. At the same time, the Australian NGO Sweltering Cities has observed that heat waves “cause more deaths than all other disasters combined”, and consider heatwaves to be environmental disasters.

In the absence of a disaster declaration, the social security system does not have a mechanism for activating the Disaster Payment or Disaster Allowance – payments that can be made available to people affected by other types of climate disaster such as bushfire or flood. We’re interested in hearing client stories in relation to the intersection between extreme heat and social security. If you have a story you’d like to tell us, please get in contact with us by emailing info@ssrv.org.au.

Navigating social security processes can be a complex and overwhelming task, especially for individuals trying to apply for the Disability Support Pension (DSP) or dealing with Centrelink debts. SSRV has designed and created two online tools, DSP Help and Social Security Debt Help, to assist individuals and community workers in managing these challenges more effectively.

DSP Help

‘An excellent support to navigate such a complex process’ – User of DSP Help.

In financial year 2023-2024, approximately 39,000 people across Australia visited DSP Help and interacted with the website. That’s 39,000 people who may otherwise have felt confused and lost about the DSP application process.

The DSP Help website provides invaluable support for individuals applying for the DSP. This resource offers detailed guidance on the medical eligibility requirements, which can be difficult for many applicants to understand. Community workers can use the website to help clients determine if they meet the medical criteria for the DSP. 

Additionally, the website provides helpful letter templates, making it easier for applicants to gather the necessary medical evidence for the application process. Having correct medical evidence that properly addresses the relevant legislation is essential to achieving a successful outcome. This tool ensures that the application is as complete and accurate as possible, helping to avoid delays and potential rejections.

‘The pages were easy to navigate, the language used was easy to understand when working with clients and the Information Kit at the end was a wonderful take-away’ – User of Social Security Debt Help.

Social Security Debt Help is another essential tool for community workers assisting clients who are struggling with Centrelink debts. Centrelink debts can arise for several reasons including client’s reporting errors or changes in circumstances. The Social Security Debt Help website guides both clients and workers through the process of understanding these debts and provides information on the options to address them.

The website includes practical information on managing repayments, appealing decisions, and seeking reductions or waivers in certain cases. Clients enter information about their Centrelink debt and the online tool creates an Information Kit that summarises the specific information relevant for their debt, and provides resources on where the client can seek further legal advice.

By using this tool, workers can better support their clients in addressing or resolving their Centrelink debts, reducing stress, and ensuring they are not unfairly burdened by financial obligations.

How Community Workers Can Use These Tools

Community workers play a crucial role in supporting individuals who face social security issues. Both DSP Help and Social Security Debt Help provide clear, practical information and resources that can make the difference in successfully navigating complex bureaucratic systems. By familiarising themselves with these tools, workers can assist their clients in understanding eligibility requirements, gathering appropriate documentation, and managing financial challenges more effectively.

These tools not only empower individuals but also make the process of applying for DSP or managing Centrelink debt more transparent, reducing confusion and improving the chances of successful outcomes. By incorporating these online resources into their support services, community workers can offer better guidance and ensure their clients are well-informed and supported throughout their social security journeys.

If after visiting DSP Help or Social Security Debt Help you have further questions and would like more information, you can call the SSRV Worker Help Line.

The SSRV Worker Helpline is staffed by an SSRV community lawyer throughout the week. The lawyer can give you information on the next steps to take in your client’s matter, and general guidance.

We can also book your client in for a legal advice appointment, and you are welcome to also attend the appointment as a support person if the client consents to this.

SSRV Worker Help Line 0419 793 652 or (03) 9481 0655.

Residency eligibility requirements for Centrelink payments can be very complex and technical, and they depend upon a number of things including a person’s visa subclass, their individual circumstances and the payment they are hoping to access. At SSRV, we frequently assist workers contacting our Worker Help Line to navigate these complexities and ensure vulnerable clients do not miss out on payments they may be eligible for.

Tom*, a financial counsellor, was assisting his client, Susan*, who initially came to Australia from Ukraine on a temporary visitor visa (subclass 600) to be with her partner Graeme.

Shortly after they married, Graeme had a car accident and sustained significant injuries. Due to his injuries, Graeme requires full-time care. Susan became his carer and subsequently applied for a permanent carer visa (subclass 836).

However, at the time Tom contacted SSRV’s Worker Help Line, Susan’s visa application was pending a decision, and she was on a Bridging Visa A (subclass 010). Without Susan’s care Graeme would have been unable to return home to live.

Because Susan was now caring full time for Graeme, she was unable to work. She approached Centrelink for assistance and was told she would not be eligible for any Centrelink payments as she did not meet the residency requirements.

Meanwhile, Graeme was receiving Disability Support Pension at the partner rate of payment. This was their only source of income and they had no savings or assets.

Tom contacted SSRV’s Worker Help Line seeking guidance on whether there is any Centrelink payment Susan could access given her caring responsibilities and the financial hardship they were experiencing trying to meet their daily living expenses on the partner rate of Disability Support Pension.

The SSRV lawyer provided Tom with information about the general residency requirements for Centrelink payments and explained that a Bridging Visa A (subclass 010) is a temporary visa and does not meet the residency requirements. This meant that while on this visa, Susan would not be eligible for any payment. 

However, the SSRV lawyer suggested that once Susan’s carer visa subclass 836 was granted she should immediately apply for Carer Payment as this was a permanent visa which meets the general residency requirements and this particular visa is exempt from having to serve the Newly Arrived Resident’s Waiting Period (NARWP). 

In the meantime, the SSRV lawyer recommended that Susan’s husband, Graeme, ask Centrelink to pay him the single rate of Disability Support Pension under section 24 of the Social Security Act 1991 which provides Centrelink a discretion based on there being a special reason to pay someone the single rate of payment even if they are partnered. The SSRV lawyer explained that if Centrelink agreed to this, then Graeme’s rate of payment would go up until Susan’s permanent carer visa was granted which may assist to alleviate some of the financial hardship they were experiencing. 

The SSRV lawyer talked Tom through the factors Centrelink consider when deciding whether to pay someone under Section 24 of the Social Security Act 1991 so that Susan and Graeme would know what relevant information they need to provide Centrelink with their request.

If you are a worker assisting a client with a Centrelink issue and need expert advice, find out how SSRV’s Worker Help Line can assist you.

*Names have been changed.

Last year, Social Security Rights Victoria (SSRV) and Economic Justice Australia (EJA), provided a joint policy brief to the Department of Social Services, which resulted in an amendment being made to the member of a couple provisions. We wrote about these changes in our last newsletter, and you can read it here.

In addition to the member of a couple changes, the Social Security Guide has also been amended to include natural disasters as an example of ‘special circumstances’ for the purpose of debt waiver.

While JobSeeker Payment mutual obligation exemptions already existed for job seekers affected by natural disasters, for the purpose of seeking a debt waiver the Guide did not previously direct decision-makers to consider the impact of natural disasters.

SSRV advocated for this inclusion in the Social Security Guide after seeing numerous clients struggle to have their decision-maker consider the impacts of natural disasters as a special circumstance. 

As we know, the impact of natural disasters on individuals can be vast, and can entirely change their personal and financial situation. The impact of a natural disaster can significantly impact an individual’s ability to repay a Centrelink debt, as well as raise the question whether it is fair and just for the individual to repay a Centrelink debt. 

This inclusion in the Guide is a welcome change. SSRV hopes that this inclusion will assist individuals, advocates and decision-makers to have the impacts of natural disasters considered when a disaster-affected individual seeks review of a Centrelink debt.  

SSRV and EJA continue work towards work further disaster-related reform objectives and will keep readers informed of our progress.

The Bureau of Meteorology predicts that Australia is set to experience one of the hottest summers on record over the summer of 2024-2025. Not only are temperatures expected to soar, resulting in an increased risk of bushfires in bushfire-prone areas, but an increase in atmospheric moisture levels is expected to result in frequent storm outbreaks and above average rainfall, which when coupled with high levels of soil moisture, increases the risk of flooding.

At SSRV we know that socio-economic indicators are lower in regional or remote areas, that people in these areas are at greater risk of being affected by climate-induced disasters, and that there is therefore a higher risk of social security legal issues emerging in regional and remote areas of Victoria.

Within this group, children and young people are particularly vulnerable. They generally lack the financial autonomy of adults, and they may lack the necessary resources to be effectively prepared for when disaster strikes.

The impacts of disasters on children and young people are far reaching, including potential impacts on mental health, educational attainment and an increased risk of homelessness. Unfortunately, these impacts can persist well into adult life.

In a 2024 report published by Deloitte on the impact of disasters on children and young people, it was estimated that 4.2 per cent of Australian children are less likely to finish Year 12 due to the impact of disaster.

Lower educational attainment increases the likelihood of social security dependence, and the potential for social security legal issues later in life. This is a compelling example of what we mean when we talk about the indirect relationship between disasters and social security legal risk.

The United Nations International Day for Disaster Risk Reduction is 13 October. This year, the theme is ‘empowering the next generation for a resilient future’ and the focus is on the role of education in protecting and empowering children and young people to become disaster aware and prepared.

Social Security Rights Victoria supports any initiative designed to assist children and young people to achieve their potential as future changemakers and advocates for disaster preparedness and response. Read more about SSRV’s disaster preparedness project here.

It’s common for people who unexpectedly receive a Centrelink debt notice to experience anger, disbelief, and fear. Most people who incur a Centrelink debt do so unknowingly, and it is possible to appeal the decision, but there’s some things you should consider first.

What will the decision-maker consider?

When reviewing a Centrelink debt, the decision-maker will usually consider:

• Whether you have been overpaid and whether the debt amount is accurate.

• If recovery of the debt should be ‘written off’ for a period of time.

• If recovery of the debt should be waived.

• Whether the debt has been caused by fraud and should be investigated further.

Not all of these things will be relevant to every debt, and in for some debts there may be other things the decision-maker needs to consider. An example of this is member of a couple debts, or debts related to the percentage of care of children.

Why might a decision-maker decide I wasn’t overpaid?

Centrelink calculates payments and debts using the information available to them. A debt based on wrong or incomplete information may be calculated incorrectly. If you correct the information, Centrelink may decide you were not overpaid after all, that your debt amount should change, or that your debt amount should increase.

Example 1: Centrelink receives information about your income. They use this to recalculate how much you should have been paid, and they find that you have been paid too much. They ask you to repay a debt.

You may be able to challenge this kind of debt by giving more accurate or up to date information about your income (such as payslips). Centrelink may recalculate how much you should have been paid. This may mean the debt is recalculated to $0. It could also mean that your debt is recalculated to a higher amount, or to the same amount originally thought.

Example 2: Centrelink receives information about your past study arrangements. They find you were not eligible for a student payment you received because you weren’t undertaking full-time study. They ask you to repay a debt.

You may be able to challenge this kind of debt by giving Centrelink more accurate or up to date information about your study (such as records from your school, TAFE or university). Centrelink may recalculate how much you should have been paid. This may mean the debt is recalculated to $0. It could also mean that your debt is recalculated to a higher amount, or to the same amount originally thought.

The decision-maker may waive recovery of a debt if there are ‘special circumstances’

Special circumstances mean the situation is unusual, uncommon, or exceptional, and this makes it unfair for Centrelink to ask you to repay the money.
 
Some circumstances you may wish to raise for Centrelink to consider are:

• Family violence.

• Mental, physical and other health issues.

• Disability.

• Financial hardship.

• Homelessness or insecure housing.

• Language and literacy barriers.

• Substance misuse issues.

• Imprisonment.

• Family instability.

• Refugee and migrant status, and reasons for fleeing/migrating such as civil unrest, violence, and persecution.

• Child protection involvement.

• Impacts of a disaster.

• Difficulty engaging with Centrelink and their systems.

• Entitlement to another Centrelink payment (this is referred to as ‘notional entitlement’).

• Centrelink mistakes (these may also contribute to special circumstances, even if the administrative error waiver doesn’t apply).

• Any other factors that make your situation unusual, uncommon, or exceptional.

Financial hardship can be a special circumstance, and you will usually need to be experiencing financial hardship before Centrelink will waive a debt. However, it can’t be the only special circumstance.
 
The special circumstances waiver is not available where the debt was caused by someone ‘knowingly’ misleading Centrelink or failing to comply with social security legislation. This means if you or someone else gave Centrelink information knowing it was wrong, or didn’t give Centrelink information knowing the information was required, you might not be able to have your debt waived under these rules.

You may be able to explain to Centrelink what you knew at the time, or why you thought the information you gave was right. However, providing new information to Centrelink has risks. This is because Centrelink may use the information in a way you don’t expect, such as to raise a further debt, increase the debt amount, or for a fraud investigation.

Are there risks with seeking a review?

1: Risk of fraud investigation and prosecution

If Centrelink believes a debt was caused by fraud – that is, they think you deliberately lied in order to gain a benefit – they may investigate you. This could lead to criminal charges against you. It is possible to receive a prison sentence if you are convicted of fraud.

You should be aware that any information and evidence you give Centrelink can be used against you.

2: Risk of the amount you owe increasing

Challenging a Centrelink debt involves a decision-maker looking closely at your situation and the circumstances of your debt. They may discover errors in how the debt was calculated. They may recalculate the debt and find you owe more money than originally thought. If this happens, the decision-maker will likely change the decision and ask you to repay more money.

If you have been issued with a Centrelink debt and are considering seeking review of the debt, your first step should be to visit SSRV’s Social Security Debt Help website. 

Social Security Debt Help helps people with a Centrelink debt, or those supporting them, understand what might have gone wrong, what their options are, and where they can get help. Using the Self Help Tool, you can simply enter information about your situation and in response you are given a kit. This kit includes important information for you to consider, and questions you can ask a lawyer, financial counsellor or support person, to help you obtain advice tailored to your circumstances. This kit includes important information for you to consider, and questions you can ask a lawyer, financial counsellor or support person, to help you obtain advice tailored to your circumstances.

In mid-October SSRV team members participated in the inaugural Community Legal Centre (CLC) Expo in Queen’s Hall at Parliament House.

Organised by the Federation of Community Legal Centres, the three-day event was a great opportunity for CLCs from all over Victoria to meet with some of our 128 members of the Victorian Parliament.

The hallowed environment became festooned with trestle tables, banners, brochures and lollies.  At 1pm on the Day 2 a stand up lunch was held featuring speeches from the Federation of Community Legal Centres CEO Louisa Gibbs, Attorney General The Hon. Jaclyn Symes, Shadow Attorney General The Hon. Michael O’Brien, Greens Justice spokesperson Katherine Copsey and The Hon. Maree Edwards, Speaker of the Legislative Assembly.

SSRV staff met with several MPs during the course of the Expo including Shadow Attorney General The Hon. Michael O’Brien, Minister for Corrections the Hon. Enver Erdogan and Mr Lee Tarlamis, Government Whip in the Legislative Council.

There were also many opportunities to network with our CLC colleagues, of whom over 100 were in attendance at any given time, talking about the work of SSRV. We congratulate our colleagues at Federation of Community Legal Centres for a brilliantly executed event.

This month, SSRV attended the Financial Counselling Victoria (FCVic) Conference from 11-12 October hosted at the Pullman hotel in Albert Park.

It was a welcome opportunity to meet and engage with the financial counselling sector in person, and to strengthen the connection and partnership between FCVic and SSRV.

Our experience tells us that working with Victorian financial counsellors improves the quality of our legal service and short and long-term client outcomes through providing a holistic, wrap around service.

During the conference we enjoyed speaking with many of the other attendees, which included financial counsellors, financial capability workers social and health workers, educators, advocates, and other lawyers. Many rich and interesting conversations took place beneath the sparkling chandeliers in the Grand Ballroom of the Pullman Albert Park as we discussed common issues and concerns.

The theme of ‘Fearless and Forthright” highlighted the approach conference participants bring to their client-centred work. This commitment to being ‘fearless and forthright’ was evident through the many sessions and break-out rooms we were fortunate to attend. We were inspired by speakers Shazia Syed, and Manasi Wagh from Women’s Health in the North, as well as Deb Shroot from FCA, and Amy Ferguson from Uniting who offered their insight and wisdom on their respective topics of financial capability and neurodivergence.

Thank you to everyone who stopped by our stall to speak with us, pick us some service postcards, eat some lollies, and provide us with valuable feedback on our Social Security Debt Help [LINK] website’s self-help tool! Each person who submitted feedback forms during the Conference went into the draw for the chance to win one of two $50.00 EFTPOS cards. Congratulations to the winners!

We look forward to working closely with our financial counselling colleagues in the future through our Worker Helpline and for further opportunities for cross-sector collaboration.