Part 2Requirements for active participation

## Part 1—Preliminary #### 1 Name This instrument is the Social Security (Requirements and Guidelines for Disability Support Pension Active Participation) Determination 2026. #### 2 Commencement (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. ```html <table cellspacing="0" cellpadding="0" style="margin-left:5.35pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:407.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:95.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:209pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:81.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:95.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:209pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:81.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:95.65pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="margin-left:18pt; text-indent:-18pt"><span><span>1.</span></span><span style="width:10.5pt; font:7pt 'Times New Roman'; display:inline-block"> </span><span>The whole of this instrument</span></p></td><td style="width:209pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day after this instrument is registered.</span></p></td><td style="width:81.45pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span></span></p></td></tr></tbody></table> ``` > 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. (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. #### 3 Authority This instrument is made under subsections 94(3C) and (3E) of the Social Security Act 1991. #### 4 Schedules 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. #### 5 Repeal of this instrument This instrument is repealed at the start of 1 April 2028. #### 6 Simplified outline of this instrument This instrument sets out requirements and guidelines for active participation in a program of support, for the purposes of disability support pension qualification. Part 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). Part 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.  This instrument repeals and replaces the Social Security (Active Participation for Disability Support Pension) Determination 2014. #### 7 Definitions (1) In this instrument: > Act means the Social Security Act 1991. > designated provider means any of the following: > a Workforce Australia provider; > an Inclusive Employment Australia provider; > an Australian Disability Enterprise; > any other person who provides a program of support that is funded (wholly or partly) by the Commonwealth. > program of support has the meaning given by subsection 94(5) of the Act. > relevant period means: > 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 > in relation to a person who is a reviewed 2008‑2011 DSP starter and who: > is participating in a program of support at the time the person becomes a reviewed 2008‑2011 DSP starter; or > 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; > the period of 36 months starting on the day the person begins the program of support; or > 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. > reviewed 2008-2011 DSP starter has the meaning given by subsection 94(5) of the Act. > severe impairment has the meaning given by subsection 94(3B) of the Act. (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: (a) whether or not the person is actively participating in the program at that time in accordance with section 8 of this instrument; and (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. ## Part 2—Requirements for active participation #### 8 Requirements for active participation (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: (a) the person has: (i) complied with the requirements of the program of support; and (ii) participated in a program of support during the relevant period; (b) subsection (2), (3), (4) or (5) is satisfied in relation to the person and the program of support; (c) subsection (6) is satisfied in relation to the person and the program of support. Requirements for period of participation in program of support (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. Note: A period during which a person does not participate in a program of support is not to be counted (see section 9). (3) This subsection is satisfied in relation to a person and a program of support if: (a) the duration of the program of support was less than 18 months; and (b) the person completed the entire program during the relevant period. (4) This subsection is satisfied in relation to a person and a program of support if: (a) the program of support was terminated before the end of the relevant period; and (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. (5) This subsection is satisfied in relation to a person and a program of support if: (a) at the end of the relevant period, the person is participating in the program of support; and (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. Information required to be provided to the Secretary (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: (a) the details of the designated provider of the program; (b) the dates when the person started to participate in the program and, if applicable, ceased to participate in the program; (c) the reason for ceasing to participate in the program (if any); (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; (e) the reason for any period during which the person did not participate in the program; (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; (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; (h) the vocational, rehabilitation or employment activities the person participated in as a part of the program; (i) the frequency of contact that the person had with the designated provider of the program. #### 9 Periods of non‑participation not to count 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. ## Part 3—Matters to be taken into account in assessing active participation #### 10 Matters to be taken into account relating to the program of support For 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: (a) was provided by a designated provider; and (b) was specifically tailored to address the person’s level of impairment, individual needs and barriers to employment; and (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 (d) includes at least one of the following activities: (i) job search; (ii) job preparation; (iii) education and training; (iv) work experience; (v) employment; (vi) return to work; (vii) vocational or occupational rehabilitation; (viii) injury management; (ix) an activity designed to assist the person to prepare for, find or maintain work. #### 11 Material to be taken into account For 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: (a) relates to the person’s participation in a program of support; and (b) relates to a program of support participated in during the relevant period. Schedule 1—Repeals Social Security (Active Participation for Disability Support Pension) Determination 2014 1 The whole of the instrument Repeal the instrument.