Chapter 13 Living Away from Home

This chapter covers the provisions for the approval of Living Allowance at the living away from home rate for dependent students.

Chapter content

This chapter covers the following topics:

Rate of living allowance

Eligibility criteria for Living away from home

Initial boarding school approval

Evidence supporting claims

Circumstances not considered to be `living away from home'

13.1 Rate of living allowance

The away from home rate is available to students who must live away from their parental home to study but do not meet one of the provisions for independent status. The rate is not available simply because a student chooses to live away from home.

Students eligible for the `away' rate are subject to the student and parental income, assets tests and family actual means tests.

13.1.1 State care arrangements

Students under State care arrangements, whose foster parents do not receive a foster care allowance, can receive the maximum applicable away rate. The student and parental income tests are not applied.

13.2 Section Superseded

13.3 Eligibility criteria for Living away from home

Different criteria apply for secondary and tertiary level students to be eligible for the away rate of Living Allowance.

13.3.1 Secondary School Students Only

To be eligible for the away rate a student's circumstance must be one of the following where they:

• are studying an approved special secondary course at a government school;
• do not have their academic needs met by local secondary facilities;
• have disabilities;
• are from an itinerant family;
• have been excluded from attending local schools;
• have been subjected to racial discrimination of a serious and continuing nature at the local school(s);
• have previously been approved to live away from home and it would be unreasonable for the student to break continuity of study;
• are receiving an independent school scholarship under the provisions detailed in Chapter 23.

Note1: Fares allowance for secondary students who choose to study interstate will not be approved, except where:

• the student lives near a State/Territory border and will attend a school at a nearby interstate location; or
• where interstate travel is more cost effective that intrastate; or
• there are no available boarding places at boarding schools in the student's State/Territory.

Note2: A student must undertake a majority of mainstream subjects at the boarding location to be approved for away from home entitlements except for students from remote areas.

13.3.2 Secondary and Tertiary Students

To be eligible for the away rate a student's circumstance must be one of the following where:

• travelling time and access between the permanent home and the education institution make daily travel impossible or unreasonable;
• home conditions are a serious impediment to educational progress;
• they are in State care and a foster parent is not receiving a foster care allowance.

13.4 Initial boarding school approval

Where students are taking up a new boarding placement, boarding schools must confirm students will be undertaking a majority of mainstream secondary subjects. Students from remote areas who would initially be unable to undertake the majority of mainstream subjects may be approved for board on the condition that the school provides a remedial programme which would enable the student to undertake a majority of mainstream secondary subjects in later years.

Schools must have a documented assessment that first year secondary students are capable of undertaking mainstream secondary studies or, in the case of students from remote communities, approved secondary studies, before approval for away from home entitlements can be given.

13.5 Evidence supporting claims

Evidence may be required to support claims for the living away rate.

13.6 Circumstances not considered to be `living away from home'

13.6.1 Non approval of the away rate - living with either parent

A student cannot be considered to be living away from the permanent home when they are living with either parent. For example if they move on a permanent basis from the home of one parent to the home of the other parent.

In such cases, the student will be deemed to be in the care and custody of the parent with whom they are living at the time on a permanent basis, and assessed on the income, assets and actual means of that parent.

13.6.2 Non approval of the away rate - other parental circumstances

A student cannot be considered to be living away from the permanent home when:

• their parents maintain two homes and the student lives with one of the parents in the second home while studying, or
• a student is temporarily not living with their parent(s)/guardian(s)

• for example, because they have taken an extended trip or vacation; or

• a student is studying by distance education/correspondence, except if s/he meets the home conditions, disability or itinerancy provisions and is not living at the parental home.