Work Based Personal Assistance Guidelines V 1.3

Work Based Personal Assistance Guidelines V 1.3 Disclaimer This document is not a stand-alone document and does not contain the entirety of Disability Employment Services Program Providers' obligations. It should be read in conjunction with the Services Deed and any relevant Guidelines or reference material issued by DEEWR under or in connection with Services Deed. 1

Table of Contents Background... 3 Summary... 3 Transition to DisabilityCare Australia... 4 Flow Chart Work Based Personal Assistance:... 5 Services Deed Clauses:... 6 Reference documents relevant to these guidelines:... 6 Explanatory Note:... 6 Work Based Personal Assistance:... 7 2

Work Based Personal Assistance Guidelines Document Change History: Version Start Date Effective Date End Date Change & Location 1.3 1 Jul 13 1 Jul 13 Miscellaneous: Information added about the commencement of DisabilityCare Australia (P3, P5, P7) 1.2 1 Jun 11 1 Jun 11 1 Jul 13 Miscellaneous: Added instructions on how to claim Work Based Personal Assistance Only fees (P8) 1.1 4 Nov 10 4 Nov 10 31 May 11 Miscellaneous: Reference to Work Based Personal Assistance Job Aid deleted (P 5) 1.0 15 Jan 10 01 Mar 10 4 Nov 10 Original version of document Background These Guidelines outline the responsibilities and required actions of a Services (DES) provider (herein referred to as DES provider ) in regard to assessing a DES Participant s eligibility for Work Based Personal Assistance and the provision of Work Based Personal Assistance, including to Work Based Personal Assistance Only Participants. Summary Work Based Personal Assistance is additional, regular personal support in employment, unsubsidised self-employment, apprenticeships and traineeships. It is available for any DES Participant (including Job in Jeopardy) who has been commenced in the Employment Support Service(DES-ESS) and who requires support within the workplace because of their physical or neurological disability or medical condition. Work Based Personal Assistance is not available for DES Participants in the Disability Management Service (DES-DMS). DES-ESS providers are responsible for providing or purchasing Work Based Personal Assistance for DES-ESS Participants, and can claim Work Based Personal Assistance Fees for up to ten hours of assistance per week, per Participant. DisabilityCare Australia DisabilityCare, the national disability insurance scheme, commenced in four launch areas from 1 July 2013, with the ACT region launching from 1 July 2014. DisabilityCare Australia will have full coverage across in NSW and SA by July 2018, and the ACT, TAS, VIC, QLD and the NT by July 2019. DisabilityCare Australia delivers Work Based Personal Assistance to participants in launch areas who are eligible for a DisabilityCare Individual Package of Support. DES-ESS providers must not deliver Work Based Personal Assistance to any DES Participant that is eligible for support from DisabilityCare Australia, but may provide Work Based Personal Assistance to other DES-ESS Participants that require personal support. 3

Flow Chart Work Based Personal Assistance: 1. DES provider / Participant identifies need for Work Based Personal Assistance 2. DES provider confirms that Participants in DisabilityCare Australia launch areas are not receiving DisabilityCare Individual Package of Support. 3. DES provider determines eligibility and documents the need for Work Based Personal Assistance 4. DES provider delivers Work Based Personal Assistance 5. DES provider purchases Work Based Personal Assistance 6. DES provider submits claim for provision of Work Based Personal Assistance 7. DEEWR s IT Systems displays Tax Invoice 8. DES provider submits Tax Invoice on DEEWR s IT Systems System Note: This should not be read as a stand-alone document, please refer to the Disability Employment Services Deed. 4

Services Deed Clauses: Clause 91 Assistance for Participants Clause 111A - Work Based Personal Assistance Only Clause 117 - Exits Clause 128 - Work Based Personal Assistance Fees for Services Employment Support Service providers Reference documents relevant to these guidelines: Records Management Instructions Guidelines Documentary Evidence for Claims for Payment Guidelines Work Based Personal Assistance requirements form Explanatory Note: 1. All capitalised terms have the same meaning as in the Services Deed 2. In this document, must means that compliance is mandatory and should means that compliance represents best 3. Shaded areas in the flow charts denote activities that are undertaken by the Participant, DEEWR or Centrelink. 5

Work Based Personal Assistance: Who is Responsible: 1. The DES provider / DES Participant Identify need for Work Based Personal Assistance Clause 91.3 Clause 111A Clause 117.14 Clause 128.2 What is Required: In discussion with the DES Participant, a DES Employment Support Service provider is responsible for identifying the DES Participant s need for Work Based Personal Assistance or Work Based Personal Assistance Only. Work Based Personal Assistance and Work Based Personal Assistance Only provide support from: specially trained personnel, either employed by the DES provider or from another agency, who provide personal assistance with feeding by mouth or tube or personal hygiene, such as care of catheter; or a registered nurse to administer medical interventions. Work Based Personal Assistance can be provided at any time for a DES Employment Support Service Participant in Employment or Unsubsidised Self-Employment, or who is in an Apprenticeship or Traineeship. Work Based Personal Assistance may be started, varied or ended as required by the DES Participant s needs. Work Based Personal Assistance Only provides the same support available under Work Based Personal Assistance. Assistance is provided to Work Based Personal Assistance Only Participants who have completed a period of Ongoing Support and are not entitled to receive other services. Proceed to Step 2 2. The DES provider Confirm that DES Participant is not receiving a DisabilityCare Individual Package of Support. Clause 91.5 Clause 91.6 Clause 117.14 DisabilityCare, the national disability insurance scheme, commenced in several launch areas as shown below. Launch region Launch date NSW (Hunter region) 1 July 2013 Victoria (Barwon region) 1 July 2013 South Australia (entire state) 1 July 2013 Tasmania (entire state) 1 July 2013 ACT (entire territory) 1 July 2014 Launch sites may target particular client groups in the first instance. Full coverage across NSW and SA will be in place by July 2018, and in the ACT, TAS, VIC, QLD and the NT by July 2019. DisabilityCare Australia delivers a range of services to individuals with disability, including Work Based Personal Assistance. From 1 July 2013, where a need for Work Based Personal Assistance is identified for a DES-ESS Participant in a DisabilityCare launch area, the provider must check whether DisabilityCare Australia or the Department 6

Who is Responsible: What is Required: has provided advice that the person has been assessed as eligible for an Individual Package of Assistance. Further information about processes to check eligibility is available on the Work Based Personal Assistance page of the DES Provider Portal; and check with the Participant whether they have tested their eligibility for an Individual Package of Assistance. DES-ESS Participants who are in an active launch site and who are eligible for an Individual Package of Assistance under DisabilityCare can receive Work Based Personal Assistance from DisabilityCare Australia. DES providers must not purchase or deliver Work Based Personal Assistance for such a Participant. DES-ESS Participants outside these regions can receive Work Based Personal Assistance under DES. Where the DES-ESS Participant is not in a DisabilityCare launch site, or Where a DES-ESS Participant in a DisabilityCare launch site is not eligible for an Individual Package of Assistance, proceed to Step 3 Where a DES-ESS Participant in a DisabilityCare launch site is eligible for an Individual Package of Assistance, refer the Participant to DisabilityCare Australia and do not provide any Work Based Personal Assistance. Exit. 3. The DES provider Determine eligibility and document need for Work Based Personal Assistance Clause 128.3 Work Based Personal Assistance and Work Based Personal Assistance Only are available only to DES-ESS Participants. Where Work Based Personal Assistance is required, a DES-ESS provider must determine the requirements for providing Work Based Personal Assistance in the Work Based Personal Assistance requirements form. The form should be completed by an assessor with industry specific qualifications in assessing personal care needs, such as an occupational therapist, a registered nurse or a person with certification or qualification in the disability services field. The Work Based Personal Assistance requirements form should be completed as soon as possible after the need for Work Based Personal Assistance is identified, and should be kept on the DES Participant s file. This form is an agreement between all parties about what the DES Participant s Work Based Personal Assistance needs are and how they will be met, including the hours of assistance required. The DES Participant s Employment Pathway Plan should also be updated to include the delivery of Work Based Personal Assistance. 7

Who is Responsible: 4. The DES provider Provide Work Based Personal Assistance Clause 128.4 What is Required: Where Work Based Personal Assistance is to be provided by the DES provider, proceed to Step 4 Where Work Based Personal Assistance is to be purchased from a specialist provider, proceed to Step 5 Work Based Personal Assistance can be provided by the DES-ESS provider where the provider has qualified personnel available, noting that: medical interventions can only be administered by a registered nurse; and other services can only be delivered by a person with either a Certificate III in Disability Work or industry specific training in the provision of personal care, to ensure that they are qualified to carry out activities. While there is no limit to the amount of Work Based Personal Assistance that can be provided, DES-ESS provider may only claim Work Based Personal Assistance Fees for a maximum of 10 hours of Work Based Personal Assistance per week, per Participant. Proceed to Step 6 5. The DES provider Purchase Work Based Personal Assistance Clause 128.4 Work Based Personal Assistance can be purchased from third-party providers with appropriate specialist skills. Contracted providers must meet Work Based Personal Assistance delivery requirements, including that: medical interventions can only be administered by a registered nurse; and other services can only be delivered by a person with either a Certificate III in Disability Work or industry specific training in the provision of personal care, to ensure that they are qualified to carry out activities. While there is no limit to the amount of Work Based Personal Assistance that can be provided, a DES-ESS provider may only claim Work Based Personal Assistance Fees for a maximum of 10 hours of Work Based Personal Assistance per week, per Participant. Proceed to Step 6 6. The DES provider Submit claim for provision of Work Based Personal Assistance and Work Based Personal Assistance Only Clause 128.1 Work Based Personal Assistance fees are claimed in arrears on the DEEWR IT System and are paid at a standard hourly rate. Once per 28 day period, the DES-ESS provider can submit a claim for the provision of Work Based Personal Assistance on DEEWR s IT Systems that details: the number of hours of Work Based Personal Assistance provided (a maximum of 10 hours per week can be claimed per Participant); the date that Work Based Personal Assistance was 8

Who is Responsible: Clause 128.5 Clause 128.6 Clause 128.7 What is Required: provided; and whether the Work Based Personal Assistance was delivered in house or purchased from a specialist provider. Work Based Personal Assistance fees are paid at the rates set out in Table 8 of Annexure B2 Program Fees in the Services Deed. At 1 July 2013, rates were $35.00 per hour (GST inclusive) for Work Based Personal Assistance provided by the DES-ESS provider and $45.00 per hour (GST inclusive) for Work Based Personal Assistance purchased from another provider. If the Participant no longer requires Ongoing Support, the Provider should Exit the participant from DES. Work Based Personal Assistance Only payments can continue to be claimed through the Miscellaneous payments screen in DEEWR s IT Systems after the Participant has Exited as long as the Participant remains employed in the same position. The administration of co-ordinating and administering the Work Based Personal Assistance can be counted towards an Instance of Flexible Ongoing Support. For example, where a DES Provider calculates that the time taken in administering WBPA will exceed four hours in a six month period, then the DES provider may retain the Participant in DES Flexible Ongoing Support. If the Participant is kept in Flexible Ongoing Support for this purpose an annual Ongoing Support Assessment will be required. The DES provider must retain documentary evidence of the Work Based Personal Assistance provided or purchased for the DES Participant. Refer to the Documentary Evidence Guidelines for more information. Proceed to Step 7 7. DEEWR s IT System Displays Tax Invoice Clause 128.5 When the DES-ESS provider submits a Work Based Personal Assistance claim, DEEWR s IT Systems will display a Tax Invoice for the appropriate amount. This amount will be the actual number of hours of Work Based Personal Assistance provided (maximum of 10 hours per week, per Participant) at the provided or purchased Work Based Personal Assistance rate. The Tax Invoice will be displayed on DEEWR s IT Systems after the claim has been submitted. Proceed to Step 6 8. The DES provider The DES-ESS provider can submit the Tax Invoice by certifying that the details are correct on DEEWR s IT Systems. 9

Who is Responsible: Submit Tax Invoice on DEEWR s IT System Clause 128.5 What is Required: DEEWR s IT Systems will process the submitted Tax Invoice and will pay the Work Based Personal Assistance Fee to the DES provider on the next scheduled fortnightly payment date. 10