3.12.3 Requirement to participate in rehabilitation

Rehabilitation requirement

Once DVA’s Income Support team has determined that the client will receive Veteran Payment, there is a rehabilitation requirement, which means that the person must undertake a whole-of-person rehabilitation assessment to assess their capacity for rehabilitation.

DVA’s rehabilitation program is intended to provide flexibility to account for each client’s individual situation. Veteran Payment recipients will have financial concerns and be awaiting determination on a mental health claim with the Department, which in all likelihood may mean there are concerns around accommodation, relationships and support, access to health treatment, substance abuse and inability to know how to access services.  Addressing these issues should be the initial rehabilitation priority.

While the intent of rehabilitation is to provide a person with a vocational program, in reality a whole-of-person approach, prioritising medical management and psychosocial rehabilitation activities will ensure essential assistance is obtained before progressing to a vocational goal. While either return-to-work or non-return-to-work plans can be implemented for Veteran Payment recipients, it will be important to ensure the client is clear that there will be no pressure to commence a vocational goal until other aspects of their lives are stable.  It is also important to be clear that not being able to participate in vocational activities is not a reason to refuse to participate in a whole-of-person rehabilitation plan. 

In the case the person already has a rehabilitation plan open and linked to an existing accepted condition, then the existing plan would remain in place and operate as business as usual. The person will have been advised this in the Veteran Payment determination letter, but verbal confirmation is also recommended.

Where a partner is also a veteran, who has also lodged a claim for a mental health condition and is in receipt of the Veteran Payment, then both veterans must participate in a rehabilitation program, if capable.

Unable to work more than 8 hours a week

Income Support, as delegates of the Commission, determine eligibility for Veteran Payment and need to be satisfied that the veteran cannot work more than 8 hours per week. In the first instance, a statement from the veteran that they are unable to work more than eight hours per week is sufficient evidence for the first four weeks. A medical certificate will then need to be provided, but if not, the payments will be cancelled by the Income Support delegate. Payments made up till this date will not be recovered. If a certificate is provided after four weeks, payments will resume with payment provided for the time it was suspended. For further information, refer to Part 3A Veteran Payment, Provision of Medical Certificate in the CLIK Compensation and Support Policy Library.

Capacity to participate in rehabilitation

To enable a person to participate in rehabilitation it must be established that they are capable mentally, physically and psychosocially of undertaking appropriately identified and agreed activities. This clearance is usually provided by the persons treating doctor in consultation with the veteran and, once a rehabilitation provider is engaged, the rehabilitation provider.

During the initial rehabilitation assessment, the rehabilitation provider is required to provide their professional judgement as to whether the veteran has capacity to participate in a whole of person rehabilitation program.  In instances where the rehabilitation provider and the rehabilitation delegate are satisfied that the veteran cannot participate, eligibility for receipt of the Veteran Payment will not be compromised, and the rehabilitation delegate will advise the Income Support delegate.

Should the assessment recommend that the veteran would benefit from a rehabilitation program, a rehabilitation plan should be prepared and submitted.

For further information, refer to Part 3A Veteran Payment, Rehabilitation in the CLIK Compensation and Support Policy Library.

Managing clients at risk who are not actively participating in rehabilitation

In situations where the Veteran Payment client is not participating in a rehabilitation program, whether they are non-compliant, non-contactable, or have no capacity to participate; it is important to ensure they have knowledge of alternative professional assistance.  Where a client is not responding to rehabilitation delegates or providers, this information can be posted and/or emailed.  Assistance is available from:

• their GP; and/or
• their treating specialist(s); and/or
• Open Arms www.openarms.gov.au; and/or
• ex-service organisations and veteran community groups such as Mates4Mates or Soldier On. 
  See section 6.8 in this library for useful links to ex-service organisations.

Compliance

It is not intended or expected that the veteran will be fully participative in any agreed rehabilitation program by the time the Veteran Payment ceases. However, early participation in rehabilitation is acknowledged as best practice and every effort should be made to ensure this obligation can be achieved. To support the intent of Veteran Payment, where the veteran has agreed to attend an appointment with a rehabilitation provider, that will meet the rehabilitation obligation.

Should the veteran not be responding to attempts by rehabilitation delegates or providers, it is expected that attempted contact, via various methods, should continue with periodic reports back to the Income Support team to advise. The delegation to suspend Veteran Payment sits with the Income Support delegate. Suspension will also include Veteran Payment payment to the veteran’s partner, if they are also in receipt of the payment. While it is unlikely that compliance will be an issue during the period where Veteran Payment will be paid, it is important that veterans are aware of this requirement. 

For further information, refer to Part 3A Veteran Payment, Compliances and Obligations in the CLIK Compensation and Support Policy Library.