La Trobe Law Student on Clinical Legal Education Placement A the West Heidelberg Legal Community Legal Service under the supervision of Liz Curran,

To investigate the impact of the Government’s Welfare to Work package on people with disabilities and on the community sector. Legislation and its Requirements The Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005 changed the eligibility criteria for people claiming a Disability Support Pension (DSP) after 1 July 2006 and those who were granted a DSP between 11 May 2005 and 30 June 2006.1 In order to be deemed eligible for a DSP a person must now be assessed as unable to work 15 hours a week. This has lowered minimum hours for entitlement from the previous threshold of 30 hours per week. Those applying for DSP must be assessed by a Job Capacity Assessor (JCA) who determines their ability to engage in employment. Those already in receipt of DSP prior to 11 May 2005 will continue to be assessed under the previous criteria. The changes are estimated to effect around 81,000 new applicants for DSP, in the first three years, who will be assessed as having a disability but capable of 15 hours work per week.2 Those that are able to work 15 hours per week are now placed on a Newstart allowance and are required to comply with job search activity requirements. Newstart Allowance is paid a lower rate than DSP.3 The National Welfare Rights Network has observed that those who are classified as able to work at least 15 hours a week and who are placed on a Newstart allowance will be $46 per week worse off than those who are eligible for a DSP.4 Those transferred to the lower rate are able to increase their income by gaining part-time employment.5 The activity requirements include looking for work or undertaking a suitable progra