Disability Employment Assistance
Access and Eligibility
This document describes how a job seeker with a disability can access an Australian Disability Enterprise (ADE) which is not located within a National Disability Insurance Scheme (NDIS) launch site, through direct registration or a referral through the Department of Human Services (DHS). It also provides information on eligibility for funding at an Australian Disability Enterprise.
Access
The process to access ADE services is different for activity tested and non-activity tested job seekers.
If an ADE needs to contact their local DHS office to verify the job seeker’s income support arrangements or other personal information, the ADE must first obtain the job seeker’s consent. Contact between an ADE and DHS can either be by telephone or in writing.
Non-activity tested jobseekers
A 'direct registration' pathway, applies to job seekers who are receiving a payment with no activity test/participation requirements, or who are not in receipt of an income support payment.
A direct registration means the job seeker can go directly to an ADE to request services without going through DHS.
A job seeker does not need to be claiming or receiving an income support payment to access ADE services.
ADE Role
Determine if the job seeker is eligible to access ADE services i.e. determine eligibility under the Disability Services Act 1986 (Cth) and Target Group.
For job seekers who are receiving an income support payment, ADEs should contact DHS about a placement in an ADE. This is to ensure that DHS is aware of the current ADE referral in case the job seeker is offered referral to other services.
DHS Role
DHS’s role in direct registration with an ADE can include:
o advising the job seeker about local providers, if approached by the job seeker
o assisting the ADE with parts of the direct registration process, such as confirming or creating a Centrelink Reference Number (CRN) or confirming whether the job seeker is receiving an activity-tested payment.
o Providing advice to the ADE about circumstances that may affect the job seeker’s eligibility for a particular service.
Activity-tested job seekers
DHS Role
If a job seeker is claiming or receiving an activity-tested payment it is not appropriate for the job seeker to directly access ADE services. The job seeker must be referred by DHS.
If the job seeker has a current and valid assessment which recommends referral to an ADE, DHS makes a referral in accordance with this assessment where appropriate.
An Employment Services Assessment (ESAt) or a Job Capacity Assessment (JCA) is used by DHS to inform decisions regarding income support payments and participation requirements.
ADE Role
If a referral to an ADE has been made by DHS as a participation requirement, the ADE should contact DHS and advise the outcome of the referral i.e. placed in employment with the ADE; no places currently available and waitlisted for future employment; or not accepted for ADE services.
If a referred job seeker is on a waitlist and then placed in employment at a later date ADEs should contact DHS when this occurs.
If a person receiving a DHS payment is exited from the ADE for any reason, the ADE should also advise DHS so that the referral is finalised.
Employment Services Assessment and Job Capacity Assessment
A person may be referred for an assessment if more information is required about their capacity to work and barriers to employment. This includes people who have medical conditions or other barriers to work, and are requesting employment assistance or claiming or receiving a payment such as Disability Support Pension or Newstart Allowance. The assessment helps to determine the most suitable support for the person, including employment services.
All assessments are conducted by a health or allied health professional from the Department of Human Services (DHS). There is no charge for an assessment.
An assessment that is appropriate to the person’s circumstances will be arranged when required. This could be:
o an Employment Services Assessment (ESAt) that focuses on identifying the type of employment service or other assistance that can best help the person prepare for, find and maintain work, or
o a Job Capacity Assessment (JCA) that will determine the impact of the person’s medical conditions and disabilities on their ability to work and whether they can benefit from employment assistance. A JCA is a more comprehensive assessment, which will generally only be required for a person who is claiming or receiving DSP, to determine qualification for payment, or requires assessment of an impairment rating.
People may be referred for an ESAt if they require assessment of barriers to employment including medical conditions to determine suitable employment services – this includes job seekers who approach DHS seeking help to access services, and those who directly register with an employment services provider.
A person receiving Disability Support Pension who wishes to access employment assistance can be referred for an Employment Services Assessment on a voluntary basis. This assessment does not affect the person’s eligibility for Disability Support Pension.
o An ESAt referral can also be made for job seekers who inform DHS or their employment services provider of a significant change in their circumstances that may affect their work capacity and/or employment assistance needs.
Both ESAts and JCAs:
o provide detailed assessments of a person’s barriers to finding and maintaining employment, how their work capacity is affected by their medical conditions, and suitable interventions and employment services.
o may be used to determine participation requirements for activity tested job seekers under social security law.
o can result in referral of a person to employment or support services that meet their individual needs, including JSA providers, DES providers and ADE providers (wherever possible, the Assessor will directly refer the person to a service provider).
Assessors will conduct the assessment taking into account available information about the person, including relevant medical evidence, and prior participation and employment history. Assessors can also liaise with treating doctors and relevant health professionals as required.
Generally, an ESAt or JCA will remain valid for 2 years unless there is a significant change to a person's circumstances that affects their level of functional impairment and work capacity.
Eligibility
How is eligibility for access to funding at an ADE outside of the National Disability Insurance Scheme (NDIS) launch sites determined?
Eligibility for access to a Department of Social Services (DSS)-funded place in an ADE is determined by the:
o Disability Services Act 1986 (Cth)
o Disability Employment Assistance (DEA) funding agreement between DSS and an ADE; and
o Disability Services Standards 2007.
Target Group
Section 8 of the Disability Services Act 1986 (Cth) defines the target group for ADEs as people with a disability which:
o is attributable to an intellectual, psychiatric, sensory or physical impairment or a combination of such impairments;
o is permanent or likely to be permanent; and
o results in a substantially reduced capacity for communication, learning or mobility and therefore the person needs ongoing support services.
The DEA funding agreement specifies that ADEs agree to provide employment assistance to people with disability including those within the target group, refer to the Schedule Item B.3.
Disability Services Standards2007
Standard 1 of the Disability Services Standards prescribes that each person with a disability who is seeking a service has access to that service on the basis of relative need and available resources.
ADEs need to be able to demonstrate that their entry processes are nondiscriminatory in respect of age, gender, race, culture, religion or disability. This means that eligibility criteria must not contain any restrictions on entry other than those defined by the target group and DSS’s funding agreement. Similarly, the process for allocating priority between eligible individuals should only be based on DSS’s requirements, the relative needs of applicants and available resources.
How does an ADE determine a person’s disability status?
There is no formal assessment process to determine a person’s disability status. If a person is receiving a Disability Support Pension then their disability status has already been determined. In other circumstances the ADE may need to consider gathering evidence to determine a person’s disability status. Evidence may include reports/assessments from medical or other specialists (physiotherapist, rehabilitation practitioners and psychiatrists), reports or other records on participation in treatment/rehabilitation programs, school based assessments or reports and interviews with the person and those providing care or support to the person.
If an ADE needs to contact anyone to verify the job seeker’s disability status, the ADE must first obtain the job seeker’s consent.
Any documentary evidence used to determine an individual’s eligibility for Employment Assistance at an ADE must be retained on the Supported Employee’s file.
3 Appendix A.1 – Operational Guidelines – Disability Employment Assistance (V5.3.2014)