{"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 Note: This table relates only to the provisions of this instrument as originally made.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Act 1991.\n\n#### 4 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n#### 5 Repeal of this instrument\n\n This instrument is repealed at the start of 1 April 2028.\n\n#### 6 Simplified outline of this instrument\n\nThis instrument sets out requirements and guidelines for active participation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":{"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":"This instrument sets the tests and documentary proof required to show someone “actively participated in a program of support” for Disability Support Pension claims. It defines eligible (largely Commonwealth‑funded) providers, requires 18 months’ counted participation in a 36‑month window (with limited alternative tests), and gives the Secretary authority to assess programs against tailoring, activity and evidence standards. It creates a claimant record‑keeping burden, shapes which providers’ programs count, repeals the 2014 Determination, and expires 1 April 2028."},"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"},"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."}},"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"}}