This topic relates to section 2.1 of the VVRS Instrument [3].
Certain veterans who are in receipt of:
may participate in a vocational rehabilitation program under this Scheme.
Chapter 2 in the VVRS Instrument [3] provides the rules for participation in the VVRS and the criteria by which applications and proposed vocational rehabilitation programs are to be assessed.
If a veteran currently receives a DVA pension and finds work through the VVRS, they will not receive less income than they would have received without that employment. The safety net only applies to veterans being paid disability compensation payments at the special rate (T&PI), intermediate rate and/or the invalidity service pension. This protection is provided by legislation in section 115D and section 115G of the VEA [4].
Special and intermediate rate disability compensation payments are paid because of an inability to work and will be affected if a veteran finds paid employment through participation in the VVRS. A veteran in receipt of an intermediate rate disability compensation payment will be gradually reduced over a seven-year period to one hundred per cent of the general rate. A veteran in receipt of disability compensation payment at the special rate, who is working between 8-20 hours per week, will be gradually reduced over a seven year period to one hundred percent of the intermediate rate. However, the special or intermediate rate status and all ancillary benefits are retained.
The invalidity service pension is subject to income and asset tests. However, for participants on the VVRS, fifty per cent of gross employment earnings is held in the income test for the first two years. Over the following five years there is a gradual increase until one hundred per cent of employment earnings is held in the income test.
Veterans withdrawing from the workforce for any reason, including normal retirement, will return to the rate of disability compensation payment applicable prior to participation in the VVRS. Special or intermediate rate disability compensation payments will be restored.
Eligibility for the invalidity service pension will be retained for seven years while participating in the VVRS. After that time, any re-application for invalidity service pension must be assessed according to the eligibility criteria.
This topic relates to section 2.2 of the VVRS Instrument [3].
Section 2.2.2 in the VVRS Instrument [3] should be considered in its entirety before final approval is given. Approval should be based on responses to each of the items listed under section 2.2.2 and a final decision made on the total responses provided, not on isolated items from the list.
The appropriate time-period for a veteran to achieve 'a suitable paid employment outcome' will need to be based on the individual's circumstances. A veteran may achieve a suitable employment outcome relatively quickly through a program that focuses on vocational rehabilitation. Another may require a psychosocial intervention to prepare them for vocational rehabilitation, before finding suitable paid employment. Each veteran’s rehabilitation program, and rehabilitation journey, will be different.
Once a veteran has achieved a suitable paid employment outcome, it is crucial that their employment is continually monitored for an appropriate period as part of the rehabilitation program.
This issue will need to be dealt with and catered for during the assessment process, unless circumstances occur which are beyond the capacity of the Veterans' Vocational Rehabilitation Scheme (VVRS) to predict or control.
Section 2.2.5 of the VVRS Instrument [3] allows psychosocial and medical management services to be approved as part of a vocational rehabilitation program if the services are reasonably required to:
a) assist the veteran to achieve or retain suitable paid employment; or
b) address an identified rehabilitation barrier as part of the process of assisting the veteran to achieve or retain suitable paid employment.
Further information can be found in Chapter 12.4 ‘Psychosocial rehabilitation under the VVRS’ [6].
This topic relates to section 2.3 of the VVRS Instrument [3].
Grounds for cessation of a veteran's participation in the Veterans' Vocational Rehabilitation Scheme (VVRS) may include continually failing to attend appointments with Rehabilitation Service Providers.
If the Rehabilitation Service Provider is to recommend to the VVRS Coordinator to determine that a veteran is no longer participating in, or undertaking, a vocational program because:
the Rehabilitation Service Provider will prepare a recommendation to the VVRS Coordinator giving reasons for the termination or non acceptance onto the Scheme.
A veteran who obtains work through the VVRS, although no longer receiving rehabilitation services, will be regarded as being on a program as long as they are working. Consequently, procedures will need to be clear so that there is a defined decision date by decision makers that is recorded for pension protection purposes. (A case to be “closed” for the purposes of a rehabilitation program, but a veteran may continue to be covered by the pension protection provisions.)
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/21068%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=comment/reply/21082%23comment-form
[3] https://www.legislation.gov.au/Series/F2015L01263
[4] https://www.legislation.gov.au/Series/C2004A03268
[5] https://clik.dva.gov.au/user/login?destination=comment/reply/21071%23comment-form
[6] https://clik.dva.gov.au/rehabilitation-policy-library/12-veterans-vocational-rehabilitation-scheme-guidelines/124-psychosocial-rehabilitation-under-vvrs
[7] https://clik.dva.gov.au/user/login?destination=comment/reply/21062%23comment-form