{"id":"F2026L00378","name":"Social Security (Requirements and Guidelines for Disability Support Pension Active Participation) Determination 2026","slug":"social-security-requirements-and-guidelines-for-disability-support-pension-active-participation-dete","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107993,"registerId":"commonwealth-F2026L00378-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Social Security (Requirements and Guidelines for Disability Support Pension Active Participation) Determination 2026.\n\n#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The day after this instrument is registered.

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n This instrument is made under subsections 94(3C) and (3E) of the Social Security Act 1991.\n\n#### 4 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n#### 5 Repeal of this instrument\n\n This instrument is repealed at the start of 1 April 2028.\n\n#### 6 Simplified outline of this instrument\n\nThis instrument sets out requirements and guidelines for active participation in a program of support, for the purposes of disability support pension qualification.\n\nPart 2 of this instrument specifies requirements for the purpose of subsection 94(3C) of the Social Security Act 1991 (the Act). Subsection 94(3C) of the Act provides that 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 subsection 94(3C). A person whose impairment is not a severe impairment, and certain reviewed 2008‑2011 DSP starters, are required to have actively participated in a program of support within the meaning of subsection 94(3C) (see paragraph 94(2)(aa) of the Act).\n\nPart 3 of this instrument sets out, for the purpose of subsections 94(3D) and (3E) of the Act, matters that the Secretary must take into account in deciding whether the Secretary is satisfied that a person has actively participated in a program of support under paragraph 94(2)(aa), within the meaning of subsection 94(3C) of the Act. \n\nThis instrument repeals and replaces the Social Security (Active Participation for Disability Support Pension) Determination 2014.\n\n#### 7 Definitions\n\n (1) In this instrument:\n\n> Act means the Social Security Act 1991.\n\n> designated provider means any of the following:\n\n> a Workforce Australia provider;\n\n> an Inclusive Employment Australia provider;\n\n> an Australian Disability Enterprise;\n\n> any other person who provides a program of support that is funded (wholly or partly) by the Commonwealth.\n\n> program of support has the meaning given by subsection 94(5) of the Act.\n\n> relevant period means:\n\n> in relation to a person (other than a reviewed 2008‑2011 DSP starter) whose impairment is not a severe impairment—the period of 36 months ending immediately before the day on which the claim for disability support pension is made or is taken to have been made by the person; or\n\n> in relation to a person who is a reviewed 2008‑2011 DSP starter and who:\n\n> is participating in a program of support at the time the person becomes a reviewed 2008‑2011 DSP starter; or\n\n> was participating in a program of support at any time during the period of 6 months before the person becomes a reviewed 2008‑2011 DSP starter;\n\n> the period of 36 months starting on the day the person begins the program of support; or\n\n> in relation to any other reviewed 2008‑2011 DSP starter—the period of 36 months starting on the day the person is notified in writing that the person has become a reviewed 2008‑2011 DSP starter.\n\n> reviewed 2008-2011 DSP starter has the meaning given by subsection 94(5) of the Act.\n\n> severe impairment has the meaning given by subsection 94(3B) of the Act.\n\n (2) To avoid doubt, for the purposes of paragraph (b) of the definition of relevant period, a person may be participating in a program of support at a time:\n\n(a) whether or not the person is actively participating in the program at that time in accordance with section 8 of this instrument; and\n\n(b) even if the person is not participating in the program at that time as a result of an exemption, relief or suspension from the program.\n\n \n\n## Part 2—Requirements for active participation\n\n#### 8 Requirements for active participation\n\n (1) For subsection 94(3C) of the Act, a person has actively participated in a program of support if the person satisfies the following requirements:\n\n(a) the person has:\n\n(i) complied with the requirements of the program of support; and\n\n(ii) participated in a program of support during the relevant period;\n\n(b) subsection (2), (3), (4) or (5) is satisfied in relation to the person and the program of support;\n\n(c) subsection (6) is satisfied in relation to the person and the program of support.\n\nRequirements for period of participation in program of support\n\n(2) This subsection is satisfied in relation to a person and a program of support if the person participated in the program of support for at least 18 months during the relevant period.\n\nNote: A period during which a person does not participate in a program of support is not to be counted (see section 9).\n\n(3) This subsection is satisfied in relation to a person and a program of support if:\n\n(a) the duration of the program of support was less than 18 months; and\n\n(b) the person completed the entire program during the relevant period.\n\n(4) This subsection is satisfied in relation to a person and a program of support if:\n\n(a) the program of support was terminated before the end of the relevant period; and\n\n(b) the program of support was terminated because the person was unable, solely because of their impairment, to improve their capacity to prepare for, find or maintain work through continued participation in the program.\n\n(5) This subsection is satisfied in relation to a person and a program of support if:\n\n(a) at the end of the relevant period, the person is participating in the program of support; and\n\n(b) the person is prevented, solely because of their impairment, from improving their capacity to prepare for, find or maintain work through continued participation in the program.\n\nInformation required to be provided to the Secretary\n\n(6) This subsection is satisfied in relation to a person and a program of support if the person provides the Secretary with the following information in relation to the program of support:\n\n(a) the details of the designated provider of the program;\n\n(b) the dates when the person started to participate in the program and, if applicable, ceased to participate in the program;\n\n(c) the reason for ceasing to participate in the program (if any);\n\n(d) any period during which the person did not participate in the program, including as a result of any exemption, relief or suspension from the program;\n\n(e) the reason for any period during which the person did not participate in the program;\n\n(f) the terms of the program that were specifically tailored to address the person’s level of impairment, individual needs, barriers to employment and capacity to work;\n\n(g) the terms with which the person had to comply in order to satisfy the requirements of the program and the level of compliance with those terms;\n\n(h) the vocational, rehabilitation or employment activities the person participated in as a part of the program;\n\n(i) the frequency of contact that the person had with the designated provider of the program.\n\n#### 9 Periods of non‑participation not to count\n\n For subsection 94(3C) of the Act, to avoid doubt, any period during which a person who has started a program of support does not participate in the program for any reason (including as a result of any exemption, relief or suspension from the program) is not to be counted in determining, for the purposes of section 8, the length of the period during which the person has participated in the program.\n\n \n\n## Part 3—Matters to be taken into account in assessing active participation\n\n#### 10 Matters to be taken into account relating to the program of support\n\nFor subsection 94(3D) of the Act, in deciding whether the Secretary is satisfied that a person has actively participated in a program of support for the purposes of paragraph 94(2)(aa) of the Act, the Secretary must consider whether the program of support:\n\n(a) was provided by a designated provider; and\n\n(b) was specifically tailored to address the person’s level of impairment, individual needs and barriers to employment; and\n\n(c) provided vocational, rehabilitation or employment services with a particular focus on developing skills the person requires to improve the person’s capacity to prepare for, find or maintain work (including self‑employed work); and\n\n(d) includes at least one of the following activities:\n\n(i) job search;\n\n(ii) job preparation;\n\n(iii) education and training;\n\n(iv) work experience;\n\n(v) employment;\n\n(vi) return to work;\n\n(vii) vocational or occupational rehabilitation;\n\n(viii) injury management;\n\n(ix) an activity designed to assist the person to prepare for, find or maintain work.\n\n#### 11 Material to be taken into account\n\nFor subsection 94(3D) of the Act, in deciding whether the Secretary is satisfied that a person has actively participated in a program of support for the purposes of paragraph 94(2)(aa) of the Act, the Secretary must take into account any relevant material or document that:\n\n(a) relates to the person’s participation in a program of support; and\n\n(b) relates to a program of support participated in during the relevant period.\n\nSchedule 1—Repeals\n\nSocial Security (Active Participation for Disability Support Pension) Determination 2014\n\n1 The whole of the instrument\n\nRepeal the instrument.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Social Security (Requirements and Guidelines for Disability Support Pension Active Participation) Determination 2026.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The day after this instrument is registered.

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsections 94(3C) and (3E) of the Social Security Act 1991.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Schedules","content":"#### 4 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Repeal of this instrument","content":"#### 5 Repeal of this instrument\n\n This instrument is repealed at the start of 1 April 2028.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Simplified outline of this instrument","content":"#### 6 Simplified outline of this instrument\n\nThis instrument sets out requirements and guidelines for active participation in a program of support, for the purposes of disability support pension qualification.\n\nPart 2 of this instrument specifies requirements for the purpose of subsection 94(3C) of the Social Security Act 1991 (the Act). Subsection 94(3C) of the Act provides that 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 subsection 94(3C). A person whose impairment is not a severe impairment, and certain reviewed 2008‑2011 DSP starters, are required to have actively participated in a program of support within the meaning of subsection 94(3C) (see paragraph 94(2)(aa) of the Act).\n\nPart 3 of this instrument sets out, for the purpose of subsections 94(3D) and (3E) of the Act, matters that the Secretary must take into account in deciding whether the Secretary is satisfied that a person has actively participated in a program of support under paragraph 94(2)(aa), within the meaning of subsection 94(3C) of the Act. \n\nThis instrument repeals and replaces the Social Security (Active Participation for Disability Support Pension) Determination 2014.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Definitions","content":"#### 7 Definitions\n\n (1) In this instrument:\n\n> Act means the Social Security Act 1991.\n\n> designated provider means any of the following:\n\n> a Workforce Australia provider;\n\n> an Inclusive Employment Australia provider;\n\n> an Australian Disability Enterprise;\n\n> any other person who provides a program of support that is funded (wholly or partly) by the Commonwealth.\n\n> program of support has the meaning given by subsection 94(5) of the Act.\n\n> relevant period means:\n\n> in relation to a person (other than a reviewed 2008‑2011 DSP starter) whose impairment is not a severe impairment—the period of 36 months ending immediately before the day on which the claim for disability support pension is made or is taken to have been made by the person; or\n\n> in relation to a person who is a reviewed 2008‑2011 DSP starter and who:\n\n> is participating in a program of support at the time the person becomes a reviewed 2008‑2011 DSP starter; or\n\n> was participating in a program of support at any time during the period of 6 months before the person becomes a reviewed 2008‑2011 DSP starter;\n\n> the period of 36 months starting on the day the person begins the program of support; or\n\n> in relation to any other reviewed 2008‑2011 DSP starter—the period of 36 months starting on the day the person is notified in writing that the person has become a reviewed 2008‑2011 DSP starter.\n\n> reviewed 2008-2011 DSP starter has the meaning given by subsection 94(5) of the Act.\n\n> severe impairment has the meaning given by subsection 94(3B) of the Act.\n\n (2) To avoid doubt, for the purposes of paragraph (b) of the definition of relevant period, a person may be participating in a program of support at a time:\n\n(a) whether or not the person is actively participating in the program at that time in accordance with section 8 of this instrument; and\n\n(b) even if the person is not participating in the program at that time as a result of an exemption, relief or suspension from the program.","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Requirements for active participation","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Social Security (Requirements and Guidelines for Disability Support Pension Active Participation) Determination 2026.\n\n#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The day after this instrument is registered.

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n This instrument is made under subsections 94(3C) and (3E) of the Social Security Act 1991.\n\n#### 4 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n#### 5 Repeal of this instrument\n\n This instrument is repealed at the start of 1 April 2028.\n\n#### 6 Simplified outline of this instrument\n\nThis instrument sets out requirements and guidelines for active participation in a program of support, for the purposes of disability support pension qualification.\n\nPart 2 of this instrument specifies requirements for the purpose of subsection 94(3C) of the Social Security Act 1991 (the Act). Subsection 94(3C) of the Act provides that 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 subsection 94(3C). A person whose impairment is not a severe impairment, and certain reviewed 2008‑2011 DSP starters, are required to have actively participated in a program of support within the meaning of subsection 94(3C) (see paragraph 94(2)(aa) of the Act).\n\nPart 3 of this instrument sets out, for the purpose of subsections 94(3D) and (3E) of the Act, matters that the Secretary must take into account in deciding whether the Secretary is satisfied that a person has actively participated in a program of support under paragraph 94(2)(aa), within the meaning of subsection 94(3C) of the Act. \n\nThis instrument repeals and replaces the Social Security (Active Participation for Disability Support Pension) Determination 2014.\n\n#### 7 Definitions\n\n (1) In this instrument:\n\n> Act means the Social Security Act 1991.\n\n> designated provider means any of the following:\n\n> a Workforce Australia provider;\n\n> an Inclusive Employment Australia provider;\n\n> an Australian Disability Enterprise;\n\n> any other person who provides a program of support that is funded (wholly or partly) by the Commonwealth.\n\n> program of support has the meaning given by subsection 94(5) of the Act.\n\n> relevant period means:\n\n> in relation to a person (other than a reviewed 2008‑2011 DSP starter) whose impairment is not a severe impairment—the period of 36 months ending immediately before the day on which the claim for disability support pension is made or is taken to have been made by the person; or\n\n> in relation to a person who is a reviewed 2008‑2011 DSP starter and who:\n\n> is participating in a program of support at the time the person becomes a reviewed 2008‑2011 DSP starter; or\n\n> was participating in a program of support at any time during the period of 6 months before the person becomes a reviewed 2008‑2011 DSP starter;\n\n> the period of 36 months starting on the day the person begins the program of support; or\n\n> in relation to any other reviewed 2008‑2011 DSP starter—the period of 36 months starting on the day the person is notified in writing that the person has become a reviewed 2008‑2011 DSP starter.\n\n> reviewed 2008-2011 DSP starter has the meaning given by subsection 94(5) of the Act.\n\n> severe impairment has the meaning given by subsection 94(3B) of the Act.\n\n (2) To avoid doubt, for the purposes of paragraph (b) of the definition of relevant period, a person may be participating in a program of support at a time:\n\n(a) whether or not the person is actively participating in the program at that time in accordance with section 8 of this instrument; and\n\n(b) even if the person is not participating in the program at that time as a result of an exemption, relief or suspension from the program.\n\n \n\n## Part 2—Requirements for active participation\n\n#### 8 Requirements for active participation\n\n (1) For subsection 94(3C) of the Act, a person has actively participated in a program of support if the person satisfies the following requirements:\n\n(a) the person has:\n\n(i) complied with the requirements of the program of support; and\n\n(ii) participated in a program of support during the relevant period;\n\n(b) subsection (2), (3), (4) or (5) is satisfied in relation to the person and the program of support;\n\n(c) subsection (6) is satisfied in relation to the person and the program of support.\n\nRequirements for period of participation in program of support\n\n(2) This subsection is satisfied in relation to a person and a program of support if the person participated in the program of support for at least 18 months during the relevant period.\n\nNote: A period during which a person does not participate in a program of support is not to be counted (see section 9).\n\n(3) This subsection is satisfied in relation to a person and a program of support if:\n\n(a) the duration of the program of support was less than 18 months; and\n\n(b) the person completed the entire program during the relevant period.\n\n(4) This subsection is satisfied in relation to a person and a program of support if:\n\n(a) the program of support was terminated before the end of the relevant period; and\n\n(b) the program of support was terminated because the person was unable, solely because of their impairment, to improve their capacity to prepare for, find or maintain work through continued participation in the program.\n\n(5) This subsection is satisfied in relation to a person and a program of support if:\n\n(a) at the end of the relevant period, the person is participating in the program of support; and\n\n(b) the person is prevented, solely because of their impairment, from improving their capacity to prepare for, find or maintain work through continued participation in the program.\n\nInformation required to be provided to the Secretary\n\n(6) This subsection is satisfied in relation to a person and a program of support if the person provides the Secretary with the following information in relation to the program of support:\n\n(a) the details of the designated provider of the program;\n\n(b) the dates when the person started to participate in the program and, if applicable, ceased to participate in the program;\n\n(c) the reason for ceasing to participate in the program (if any);\n\n(d) any period during which the person did not participate in the program, including as a result of any exemption, relief or suspension from the program;\n\n(e) the reason for any period during which the person did not participate in the program;\n\n(f) the terms of the program that were specifically tailored to address the person’s level of impairment, individual needs, barriers to employment and capacity to work;\n\n(g) the terms with which the person had to comply in order to satisfy the requirements of the program and the level of compliance with those terms;\n\n(h) the vocational, rehabilitation or employment activities the person participated in as a part of the program;\n\n(i) the frequency of contact that the person had with the designated provider of the program.\n\n#### 9 Periods of non‑participation not to count\n\n For subsection 94(3C) of the Act, to avoid doubt, any period during which a person who has started a program of support does not participate in the program for any reason (including as a result of any exemption, relief or suspension from the program) is not to be counted in determining, for the purposes of section 8, the length of the period during which the person has participated in the program.\n\n \n\n## Part 3—Matters to be taken into account in assessing active participation\n\n#### 10 Matters to be taken into account relating to the program of support\n\nFor subsection 94(3D) of the Act, in deciding whether the Secretary is satisfied that a person has actively participated in a program of support for the purposes of paragraph 94(2)(aa) of the Act, the Secretary must consider whether the program of support:\n\n(a) was provided by a designated provider; and\n\n(b) was specifically tailored to address the person’s level of impairment, individual needs and barriers to employment; and\n\n(c) provided vocational, rehabilitation or employment services with a particular focus on developing skills the person requires to improve the person’s capacity to prepare for, find or maintain work (including self‑employed work); and\n\n(d) includes at least one of the following activities:\n\n(i) job search;\n\n(ii) job preparation;\n\n(iii) education and training;\n\n(iv) work experience;\n\n(v) employment;\n\n(vi) return to work;\n\n(vii) vocational or occupational rehabilitation;\n\n(viii) injury management;\n\n(ix) an activity designed to assist the person to prepare for, find or maintain work.\n\n#### 11 Material to be taken into account\n\nFor subsection 94(3D) of the Act, in deciding whether the Secretary is satisfied that a person has actively participated in a program of support for the purposes of paragraph 94(2)(aa) of the Act, the Secretary must take into account any relevant material or document that:\n\n(a) relates to the person’s participation in a program of support; and\n\n(b) relates to a program of support participated in during the relevant period.\n\nSchedule 1—Repeals\n\nSocial Security (Active Participation for Disability Support Pension) Determination 2014\n\n1 The whole of the instrument\n\nRepeal the instrument.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Requirements for active participation","content":"#### 8 Requirements for active participation\n\n (1) For subsection 94(3C) of the Act, a person has actively participated in a program of support if the person satisfies the following requirements:\n\n(a) the person has:\n\n(i) complied with the requirements of the program of support; and\n\n(ii) participated in a program of support during the relevant period;\n\n(b) subsection (2), (3), (4) or (5) is satisfied in relation to the person and the program of support;\n\n(c) subsection (6) is satisfied in relation to the person and the program of support.\n\nRequirements for period of participation in program of support\n\n(2) This subsection is satisfied in relation to a person and a program of support if the person participated in the program of support for at least 18 months during the relevant period.\n\nNote: A period during which a person does not participate in a program of support is not to be counted (see section 9).\n\n(3) This subsection is satisfied in relation to a person and a program of support if:\n\n(a) the duration of the program of support was less than 18 months; and\n\n(b) the person completed the entire program during the relevant period.\n\n(4) This subsection is satisfied in relation to a person and a program of support if:\n\n(a) the program of support was terminated before the end of the relevant period; and\n\n(b) the program of support was terminated because the person was unable, solely because of their impairment, to improve their capacity to prepare for, find or maintain work through continued participation in the program.\n\n(5) This subsection is satisfied in relation to a person and a program of support if:\n\n(a) at the end of the relevant period, the person is participating in the program of support; and\n\n(b) the person is prevented, solely because of their impairment, from improving their capacity to prepare for, find or maintain work through continued participation in the program.\n\nInformation required to be provided to the Secretary\n\n(6) This subsection is satisfied in relation to a person and a program of support if the person provides the Secretary with the following information in relation to the program of support:\n\n(a) the details of the designated provider of the program;\n\n(b) the dates when the person started to participate in the program and, if applicable, ceased to participate in the program;\n\n(c) the reason for ceasing to participate in the program (if any);\n\n(d) any period during which the person did not participate in the program, including as a result of any exemption, relief or suspension from the program;\n\n(e) the reason for any period during which the person did not participate in the program;\n\n(f) the terms of the program that were specifically tailored to address the person’s level of impairment, individual needs, barriers to employment and capacity to work;\n\n(g) the terms with which the person had to comply in order to satisfy the requirements of the program and the level of compliance with those terms;\n\n(h) the vocational, rehabilitation or employment activities the person participated in as a part of the program;\n\n(i) the frequency of contact that the person had with the designated provider of the program.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Periods of non‑participation not to count","content":"#### 9 Periods of non‑participation not to count\n\n For subsection 94(3C) of the Act, to avoid doubt, any period during which a person who has started a program of support does not participate in the program for any reason (including as a result of any exemption, relief or suspension from the program) is not to be counted in determining, for the purposes of section 8, the length of the period during which the person has participated in the program.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Matters to be taken into account in assessing active participation","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Social Security (Requirements and Guidelines for Disability Support Pension Active Participation) Determination 2026.\n\n#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The day after this instrument is registered.

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n This instrument is made under subsections 94(3C) and (3E) of the Social Security Act 1991.\n\n#### 4 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n#### 5 Repeal of this instrument\n\n This instrument is repealed at the start of 1 April 2028.\n\n#### 6 Simplified outline of this instrument\n\nThis instrument sets out requirements and guidelines for active participation in a program of support, for the purposes of disability support pension qualification.\n\nPart 2 of this instrument specifies requirements for the purpose of subsection 94(3C) of the Social Security Act 1991 (the Act). Subsection 94(3C) of the Act provides that 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 subsection 94(3C). A person whose impairment is not a severe impairment, and certain reviewed 2008‑2011 DSP starters, are required to have actively participated in a program of support within the meaning of subsection 94(3C) (see paragraph 94(2)(aa) of the Act).\n\nPart 3 of this instrument sets out, for the purpose of subsections 94(3D) and (3E) of the Act, matters that the Secretary must take into account in deciding whether the Secretary is satisfied that a person has actively participated in a program of support under paragraph 94(2)(aa), within the meaning of subsection 94(3C) of the Act. \n\nThis instrument repeals and replaces the Social Security (Active Participation for Disability Support Pension) Determination 2014.\n\n#### 7 Definitions\n\n (1) In this instrument:\n\n> Act means the Social Security Act 1991.\n\n> designated provider means any of the following:\n\n> a Workforce Australia provider;\n\n> an Inclusive Employment Australia provider;\n\n> an Australian Disability Enterprise;\n\n> any other person who provides a program of support that is funded (wholly or partly) by the Commonwealth.\n\n> program of support has the meaning given by subsection 94(5) of the Act.\n\n> relevant period means:\n\n> in relation to a person (other than a reviewed 2008‑2011 DSP starter) whose impairment is not a severe impairment—the period of 36 months ending immediately before the day on which the claim for disability support pension is made or is taken to have been made by the person; or\n\n> in relation to a person who is a reviewed 2008‑2011 DSP starter and who:\n\n> is participating in a program of support at the time the person becomes a reviewed 2008‑2011 DSP starter; or\n\n> was participating in a program of support at any time during the period of 6 months before the person becomes a reviewed 2008‑2011 DSP starter;\n\n> the period of 36 months starting on the day the person begins the program of support; or\n\n> in relation to any other reviewed 2008‑2011 DSP starter—the period of 36 months starting on the day the person is notified in writing that the person has become a reviewed 2008‑2011 DSP starter.\n\n> reviewed 2008-2011 DSP starter has the meaning given by subsection 94(5) of the Act.\n\n> severe impairment has the meaning given by subsection 94(3B) of the Act.\n\n (2) To avoid doubt, for the purposes of paragraph (b) of the definition of relevant period, a person may be participating in a program of support at a time:\n\n(a) whether or not the person is actively participating in the program at that time in accordance with section 8 of this instrument; and\n\n(b) even if the person is not participating in the program at that time as a result of an exemption, relief or suspension from the program.\n\n \n\n## Part 2—Requirements for active participation\n\n#### 8 Requirements for active participation\n\n (1) For subsection 94(3C) of the Act, a person has actively participated in a program of support if the person satisfies the following requirements:\n\n(a) the person has:\n\n(i) complied with the requirements of the program of support; and\n\n(ii) participated in a program of support during the relevant period;\n\n(b) subsection (2), (3), (4) or (5) is satisfied in relation to the person and the program of support;\n\n(c) subsection (6) is satisfied in relation to the person and the program of support.\n\nRequirements for period of participation in program of support\n\n(2) This subsection is satisfied in relation to a person and a program of support if the person participated in the program of support for at least 18 months during the relevant period.\n\nNote: A period during which a person does not participate in a program of support is not to be counted (see section 9).\n\n(3) This subsection is satisfied in relation to a person and a program of support if:\n\n(a) the duration of the program of support was less than 18 months; and\n\n(b) the person completed the entire program during the relevant period.\n\n(4) This subsection is satisfied in relation to a person and a program of support if:\n\n(a) the program of support was terminated before the end of the relevant period; and\n\n(b) the program of support was terminated because the person was unable, solely because of their impairment, to improve their capacity to prepare for, find or maintain work through continued participation in the program.\n\n(5) This subsection is satisfied in relation to a person and a program of support if:\n\n(a) at the end of the relevant period, the person is participating in the program of support; and\n\n(b) the person is prevented, solely because of their impairment, from improving their capacity to prepare for, find or maintain work through continued participation in the program.\n\nInformation required to be provided to the Secretary\n\n(6) This subsection is satisfied in relation to a person and a program of support if the person provides the Secretary with the following information in relation to the program of support:\n\n(a) the details of the designated provider of the program;\n\n(b) the dates when the person started to participate in the program and, if applicable, ceased to participate in the program;\n\n(c) the reason for ceasing to participate in the program (if any);\n\n(d) any period during which the person did not participate in the program, including as a result of any exemption, relief or suspension from the program;\n\n(e) the reason for any period during which the person did not participate in the program;\n\n(f) the terms of the program that were specifically tailored to address the person’s level of impairment, individual needs, barriers to employment and capacity to work;\n\n(g) the terms with which the person had to comply in order to satisfy the requirements of the program and the level of compliance with those terms;\n\n(h) the vocational, rehabilitation or employment activities the person participated in as a part of the program;\n\n(i) the frequency of contact that the person had with the designated provider of the program.\n\n#### 9 Periods of non‑participation not to count\n\n For subsection 94(3C) of the Act, to avoid doubt, any period during which a person who has started a program of support does not participate in the program for any reason (including as a result of any exemption, relief or suspension from the program) is not to be counted in determining, for the purposes of section 8, the length of the period during which the person has participated in the program.\n\n \n\n## Part 3—Matters to be taken into account in assessing active participation\n\n#### 10 Matters to be taken into account relating to the program of support\n\nFor subsection 94(3D) of the Act, in deciding whether the Secretary is satisfied that a person has actively participated in a program of support for the purposes of paragraph 94(2)(aa) of the Act, the Secretary must consider whether the program of support:\n\n(a) was provided by a designated provider; and\n\n(b) was specifically tailored to address the person’s level of impairment, individual needs and barriers to employment; and\n\n(c) provided vocational, rehabilitation or employment services with a particular focus on developing skills the person requires to improve the person’s capacity to prepare for, find or maintain work (including self‑employed work); and\n\n(d) includes at least one of the following activities:\n\n(i) job search;\n\n(ii) job preparation;\n\n(iii) education and training;\n\n(iv) work experience;\n\n(v) employment;\n\n(vi) return to work;\n\n(vii) vocational or occupational rehabilitation;\n\n(viii) injury management;\n\n(ix) an activity designed to assist the person to prepare for, find or maintain work.\n\n#### 11 Material to be taken into account\n\nFor subsection 94(3D) of the Act, in deciding whether the Secretary is satisfied that a person has actively participated in a program of support for the purposes of paragraph 94(2)(aa) of the Act, the Secretary must take into account any relevant material or document that:\n\n(a) relates to the person’s participation in a program of support; and\n\n(b) relates to a program of support participated in during the relevant period.\n\nSchedule 1—Repeals\n\nSocial Security (Active Participation for Disability Support Pension) Determination 2014\n\n1 The whole of the instrument\n\nRepeal the instrument.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Matters to be taken into account relating to the program of support","content":"#### 10 Matters to be taken into account relating to the program of support\n\nFor subsection 94(3D) of the Act, in deciding whether the Secretary is satisfied that a person has actively participated in a program of support for the purposes of paragraph 94(2)(aa) of the Act, the Secretary must consider whether the program of support:\n\n(a) was provided by a designated provider; and\n\n(b) was specifically tailored to address the person’s level of impairment, individual needs and barriers to employment; and\n\n(c) provided vocational, rehabilitation or employment services with a particular focus on developing skills the person requires to improve the person’s capacity to prepare for, find or maintain work (including self‑employed work); and\n\n(d) includes at least one of the following activities:\n\n(i) job search;\n\n(ii) job preparation;\n\n(iii) education and training;\n\n(iv) work experience;\n\n(v) employment;\n\n(vi) return to work;\n\n(vii) vocational or occupational rehabilitation;\n\n(viii) injury management;\n\n(ix) an activity designed to assist the person to prepare for, find or maintain work.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Material to be taken into account","content":"#### 11 Material to be taken into account\n\nFor subsection 94(3D) of the Act, in deciding whether the Secretary is satisfied that a person has actively participated in a program of support for the purposes of paragraph 94(2)(aa) of the Act, the Secretary must take into account any relevant material or document that:\n\n(a) relates to the person’s participation in a program of support; and\n\n(b) relates to a program of support participated in during the relevant period.\n\nSchedule 1—Repeals\n\nSocial Security (Active Participation for Disability Support Pension) Determination 2014\n\n1 The whole of the instrument\n\nRepeal the instrument.","sortOrder":13}],"analysis":{"summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a narrow determination that sets requirements and guidelines for active participation in programs of support for Disability Support Pension qualification."},"complexity_factors":["detailed conditional criteria for participation length and compliance","specific information disclosure requirements to the Secretary","assessment factors for program suitability and tailoring"],"plain_english_summary":"**Overview**\n\nThis determination sets out the requirements and guidelines for active participation in a program of support for the purposes of the Disability Support Pension under the Social Security Act 1991. It replaces the 2014 determination and will be repealed on 1 April 2028.\n## Who it affects\nThe rules apply to people claiming the Disability Support Pension whose impairment is not severe, and to certain reviewed 2008-2011 DSP starters. These individuals must demonstrate active participation in a program of support to meet qualification requirements under paragraph 94(2)(aa) of the Act.\n\n**Key requirements**\n\nA person has actively participated if they have complied with the program, participated during the relevant 36-month period, met one of the duration conditions, and provided specific information to the Secretary. The duration conditions include participating for at least 18 months, completing a shorter program, or having the program terminated or continued participation prevented solely because of the impairment. Periods of non-participation do not count, even if due to exemptions.\n\nThe required information covers the designated provider details, start and end dates, reasons for any breaks, tailored program terms, compliance level, activities undertaken, and contact frequency.\n\n**Assessment guidelines**\n\nThe Secretary must consider whether the program was provided by a designated provider such as a Workforce Australia provider, Inclusive Employment Australia provider or Australian Disability Enterprise. The program must be tailored to the person's impairment, needs and barriers to employment, focus on developing work capacity skills, and include at least one activity such as job search, training, work experience or rehabilitation.\n\n**Practical point**\n\nIf you are applying for or reviewing eligibility for the Disability Support Pension and your impairment is not severe, you will need to show you have met these participation rules and supply the listed details about your program involvement."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"This is a straightforward replacement of the 2014 Determination with the same essential purpose—setting active participation requirements for DSP claimants with non-severe impairments. The scope remains tightly focused on operationalising section 94 of the Social Security Act 1991. The 2026 instrument appears to update provider names (adding 'Inclusive Employment Australia') and clarify definitions, but does not expand beyond the original intent of establishing participation hurdles for DSP eligibility."},"complexity_factors":["Multiple nested definitions: 'relevant period' has three distinct calculation methods depending on claimant category (standard non-severe vs two sub-categories of reviewed 2008-2011 DSP starters)","Cross-referencing to parent Act: Terms like 'severe impairment', 'program of support', and 'reviewed 2008-2011 DSP starter' are defined by reference to subsections 94(3B) and 94(5) of the Social Security Act 1991, requiring external lookup","Conditional logic with alternatives: Section 8 provides four alternative pathways to satisfy participation requirements (18 months minimum, short program completion, impairment-forced termination, or ongoing participation with impairment barrier)","Detailed documentary requirements: Section 8(6) lists 9 specific categories of information required, including subjective assessments like 'level of compliance' and 'frequency of contact'","Sunset clause: Automatic repeal on 1 April 2028 creates temporal limitation requiring awareness of instrument lifecycle","Interaction between 'active participation' vs mere 'participation': Section 7(2) creates a distinction between being enrolled in a program versus actively meeting requirements, with exemptions/suspensions counting for enrollment but not for time calculations"],"plain_english_summary":"This legislation sets the rules for who can get the Disability Support Pension (DSP) if they have a disability that isn't considered 'severe'. Basically, if your condition isn't severe enough to automatically qualify, you need to prove you've tried to get work-ready through a government-approved program first.\n\n**What it does:**\n- **Sets participation requirements**: You must have actively participated in a 'program of support' (like job training, rehabilitation, or employment services) for at least 18 months out of the last 3 years before claiming DSP. There are some exceptions—like if the program was shorter but you completed it, or if your disability forced the program to end early.\n- **Defines who runs these programs**: Only certain approved providers count—Workforce Australia, Inclusive Employment Australia, Australian Disability Enterprises, or other Commonwealth-funded services.\n- **Tells you what info to provide**: You need to give Centrelink (the Secretary) detailed records about your participation, including dates, reasons for any breaks, what activities you did, and how often you met with your provider.\n- **Guides decision-makers**: It tells Centrelink staff what to look for when deciding if you genuinely participated, such as whether the program was tailored to your specific needs and barriers.\n\n**Who it affects:**\n- People with non-severe impairments applying for DSP\n- A specific group called 'reviewed 2008-2011 DSP starters'—people who started on DSP between 2008-2011 and are being reassessed under special transitional rules\n\n**Why it matters:**\nThis is a gatekeeping mechanism. It means you can't just claim DSP with a moderate disability—you have to show you've tried employment support first. The rules are quite specific about timeframes (18 months minimum participation, 36-month lookback period) and documentation, making it harder to qualify without solid evidence of your efforts to find work."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument implements the Secretary/Ministerial power in subsections 94(3C) and 94(3E) of the Social Security Act 1991 to specify what counts as \"actively participated\" for DSP purposes (see section 3). It repeals the 2014 Determination (Schedule 1) and sets out operational tests, evidence requirements and the classes of providers whose programs will be considered. The instrument, on its face, confines itself to the statutory authorisation (specifying tests, documentary requirements and matters for Secretary assessment) and does not, within the text provided, assert powers beyond those subsections; it therefore does not purport to change the outer scope of the authorising provisions but replaces the earlier instrument with the rules set out here (see sections 3, 6, Schedule 1)."},"complexity_factors":["Cross‑references to the Social Security Act 1991 for key terms (program of support, severe impairment) require reading the Act alongside this instrument (see sections 3 and 7).","Multiple alternative pathways to satisfy the participation test (18 months in 36 months; completion of shorter program; termination due to impairment; ongoing but prevented), each with distinct factual triggers (see section 8(2)–(5)).","Detailed documentary and evidence requirements that claimants must provide to the Secretary (section 8(6) and section 11), increasing administrative verification work.","Explicit rule that periods of non‑participation after starting a program do not count (section 9), which affects temporal calculations for elapsed participation.","Discretionary administrative evaluation: Secretary must consider qualitative features of programs (tailoring, vocational focus, listed activities), which requires judgment rather than only bright‑line metrics (section 10).","Definitions that tie program eligibility to Commonwealth funding status (definition of 'designated provider' in section 7), producing second‑order institutional effects.","Repeal and replacement of an earlier instrument (Schedule 1) and a fixed repeal date (section 5) add transitional and temporal considerations."],"plain_english_summary":"What this instrument does (mechanically)\n\n- This instrument sets the precise tests and documentary requirements a person must meet for the purpose of showing they \"actively participated in a program of support\" when claiming Disability Support Pension (DSP) under the Social Security Act 1991. (See: sections 3, 6, 8.)\n\n- It defines who counts as a provider of an eligible program (\"designated provider\") and how long participation must run (the \"relevant period\") to be counted. (See: section 7.)\n\n- It specifies several alternate ways a person can satisfy the participation test: at least 18 months of participation in a 36‑month relevant period; completion of a shorter program that lasted less than 18 months; early termination because the person — solely because of their impairment — could not improve capacity through continued participation; or ongoing participation at the end of the relevant period where continued participation is prevented solely by the impairment. (See: section 8(2)–(5).)\n\n- It requires the person to give the Secretary a defined set of information about the program and participation (provider details, dates, reasons for ceasing, any non‑participation periods and reasons, program terms tailored to the person, compliance levels, activities undertaken, frequency of contact with the provider). The Secretary must be provided those materials for the program to count. (See: section 8(6); section 11.)\n\n- It clarifies that any time after a person has started a program but they are not participating (for any reason, including exemptions, relief or suspensions) does not count toward the participation period. (See: section 9.)\n\n- It sets out matters the Secretary must take into account when deciding whether a program qualifies: the program must be by a designated provider, specifically tailored to the person’s impairment/needs/barriers, focused on vocational/rehabilitation/employment skills, and include at least one listed activity (job search, training, work experience, employment, injury management, etc.). (See: section 10.)\n\n- The instrument repeals and replaces the earlier 2014 Determination and has an automatic repeal date (it is repealed at the start of 1 April 2028). (See: Schedule 1; section 5.)\n\nWhy the instrument says it exists\n\n- The instrument is made under the statutory power that allows the Minister to specify, by legislative instrument, what it means to have \"actively participated\" in a program of support for DSP eligibility. The instrument records that purpose and then provides the operational tests and information required. (See: sections 3 and 6.)\n\nPractical effects, who pays, who decides, and behaviour changes (source‑grounded)\n\n- Who decides: the Secretary of the Department of Social Services (or Secretary’s delegate) assesses whether the person has met the instrument’s requirements using the tests and material described (sections 10–11). (See: sections 10 and 11.)\n\n- Who pays: the instrument applies to programs provided by \"designated providers,\" which includes Workforce Australia providers, Inclusive Employment Australia providers, Australian Disability Enterprises and any other person who provides a program of support that is funded wholly or partly by the Commonwealth. That definition links eligibility to programs that receive Commonwealth funding. (See: section 7.)\n\n- What claimants must do: claimants whose impairments are not \"severe\" (and certain reviewed 2008–2011 DSP starters) must have participated in an eligible program during the relevant 36‑month window and must supply the Secretary with the information listed in section 8(6). Claimants must comply with program requirements and, except in the limited exceptions, accumulate 18 months participation within the 36‑month relevant period (or meet the other alternative tests in section 8(3)–(5)). (See: sections 6, 7, 8.)\n\n- What providers must do (by implication of the tests): programs that are to be relied on must be able to demonstrate they were specifically tailored to the person’s impairment and that they delivered vocational/rehabilitation/employment activities listed in section 10(d). Providers funded (wholly or partly) by the Commonwealth are explicitly included in the definition of designated provider. (See: sections 7 and 10.)\n\nCosts, incentives, trade‑offs and implementation points (source‑grounded)\n\n- Compliance burden on individuals: claimants must assemble and give the Secretary detailed factual material about participation (provider details, participation dates and breaks, reasons for stopping or non‑participation, tailored program terms, compliance levels, activities and contact frequency). This creates a record‑keeping and evidence obligation for claimants. (See: section 8(6); section 11.)\n\n- Counting rules and time cost: the baseline requirement is 18 months’ counted participation during a 36‑month relevant period (section 8(2)), but any periods where a person is not participating after they have started are expressly excluded from the count (section 9). That means breaks in participation tend to lengthen the calendar time needed to reach 18 counted months.\n\n- Discretion and decision risk: the Secretary must consider whether the program was tailored, provided appropriate services, and included at least one listed activity (section 10). The statute therefore requires evaluative judgment by the Secretary based on documents and material supplied (section 11). This allocates assessment discretion to the Secretary and makes the outcome dependent on administrative evaluation of program content and evidence.\n\n- Incentives for providers: only programs by \"designated providers\" (including Commonwealth‑funded providers) are explicitly listed. That creates an institutional link between Commonwealth funding and the programs that count under this test. Providers not funded by the Commonwealth are not expressly listed as \"designated providers,\" which creates an incentive for providers to be or seek to become a Commonwealth‑funded provider if they want their program to be relied on for DSP active participation purposes. (See: section 7.)\n\n- Effects on private choice and market relationships: the instrument governs what the Secretary will count for DSP decisions; it does not directly regulate private employment contracts or market prices. However, because eligibility depends on participation in programs meeting these criteria, some program providers (those funded by Commonwealth or meeting the tailoring and activity requirements) will be positioned to deliver services valued by claimants attempting to meet DSP requirements. That can concentrate demand on providers that meet the criteria. (See: sections 7, 10.)\n\n- Opportunity costs and substitution effects: time spent participating counts toward meeting DSP requirements but also displaces other uses of claimant time (job search outside the program, informal care, paid work). Program choices by claimants will be influenced by which activities are recognised by the Secretary under the instrument. (See: sections 8(2)–(6), 10.)\n\n- Implementation and verification risk: the Secretary’s reliance on documentary and program evidence (section 8(6) and section 11) means administrative systems must be able to verify dates, program content and compliance. Where programs are short, terminated, or participation is interrupted, the instrument provides alternate tests but still depends on documented reasons and evidence. (See: sections 8(3)–(6), 9, 11.)\n\nTemporal and repeal detail\n\n- The whole instrument commences the day after registration, and it is set to be repealed at the start of 1 April 2028. The instrument expressly repeals the 2014 Determination. (See: commencement table, section 5, Schedule 1.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/social-security-requirements-and-guidelines-for-disability-support-pension-active-participation-dete","history":"/api/acts/social-security-requirements-and-guidelines-for-disability-support-pension-active-participation-dete/history","analysis":"/api/acts/social-security-requirements-and-guidelines-for-disability-support-pension-active-participation-dete/analysis","conflicts":"/api/acts/social-security-requirements-and-guidelines-for-disability-support-pension-active-participation-dete/conflicts","importantCases":"/api/acts/social-security-requirements-and-guidelines-for-disability-support-pension-active-participation-dete/important-cases","documents":"/api/acts/social-security-requirements-and-guidelines-for-disability-support-pension-active-participation-dete/documents"}}