Frequently asked questions: Commonwealth Government programs
Can the DDA be used to challenge limitations on eligibility for social security benefits?
The DDA does not cover discrimination because a person does not have a disability. A requirement to have a particular type or level of disability to be eligible for social security or other benefits is not unlawful under the DDA. Section 51of the DDA reads as follows:
Pensions and allowances
(1) This Part does not affect discriminatory provisions relating to pensions, allowances or benefits in:
(a) the Defence Service Homes Act 1918; or
(b)the Papua New Guinea (Member of the Forces Benefits) Act 1957; or
(d)the Social Security Act 1991; or
(e)the Veterans' Affairs Legislation Amendment Act 1988; or
(f)the Veterans' Entitlements Act 1986; or
(g)the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986.
(2)This Part does not render unlawful anything done by a person in direct compliance with a provision referred to in subsection (1).