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You are here: ABSTUDY > 5
Student Status > 5.2 Dependent Status
This chapter covers the details of the criteria to be met for a student to qualify for Living Allowance (Basic Payment) as a dependent student.
This topic covers the more general information about dependent status, requirements for supporting evidence and the benefits available to dependent students.
Students are considered to be of dependent status for the purposes of ABSTUDY if they:
There are two types of dependent students:
Note: These two categories are covered in detail later in this chapter.
The type of entitlements listed below may be available for dependent students if they meet the relevant criteria:
Living Allowance for dependent students is subject to an income test on parental income and student (16 years or older) income.
This topic defines students living at home.
The standard rate is available to students who do not meet the provisions for the payment of the independent or the away from home rates. These students are subject to the student and parental income, assets tests and family actual means tests.
Students under State care arrangements, whose foster parents receive a foster care allowance, can receive the maximum applicable standard rate. The student and parental income tests are not applied.
For the purposes of assessing ABSTUDY benefits the following are regarded as students living at home:
Note 1: The conditions under which a student may be approved to live away from home to study are given in detail (see 5.2.3.1.1).
Note 2: From 1 January 2000 applicants for students living at home can elect for the payment of school fees to be made to the school or reimbursed to the applicant on evidence of expenditure.
The permanent home for dependent students is the place where they normally reside during the period when they are not studying in school or in a secondary or tertiary institution. This is usually with parent(s) or guardian(s).
For dependent Schooling students, the home of the eligible applicant will be considered as the permanent home of the student.
If a dependent student lives on a permanent basis with a person who assumes the role of a guardian, even where the parent(s) provide some degree of financial support, the permanent home is considered to be that of the guardian for the purposes of determining whether the student should be approved as living at home or away from home.
See Policy Manual - 1.2.1.84 for the definition of permanent home for dependent and independent students.
This topic covers the provisions for the approval of Living Allowance at the living away rate for dependent students.
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.
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.
A student may be approved for away from home entitlements where s/he meets one of the following provisions:
Secondary and Tertiary Students
Secondary School Students Only
Note 1: 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
there are no available boarding places at boarding schools in the student's State/Territory.
Note 2: 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 (see 5.2.3.1.2 on the next page).
Tertiary Students Only
It is a compulsory requirement of the course to reside at the education institution while studying.
Each of these conditions is explained in detail in the following sections.
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 program which would enable the student to undertake a majority of mainstream secondary subjects in later years.
Schools must have assessed 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.
A student cannot be considered to be living away from the permanent home when s/he is living with either parent, such as when s/he moves 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 s/he is living at the time on a permanent basis, and assessed on the income of that parent.
A student cannot be considered to be living away from the permanent home when:
In some circumstances, students who are not eligible for the away rate may be eligible for Group 2 School Fees Allowance. This may be approved where there is no local government school (or the local government school does not provide the appropriate level of schooling) but the student lives at home and attends a local non-government school.
Evidence will generally be required to support claims for the living away rate. The types of evidence required are outlined in the following pages.
There is no need for additional supporting information other than the information contained in the claim form for some living away from home situations. This may occur:
Secondary Students
Students may be approved for the away from home rate if their permanent home is not within a reasonable travelling time of:
Tertiary Students
Students may be approved for the away from home rate if their permanent home is not within a reasonable travelling time of the approved education institution offering the approved course.
Note: Dependent schooling and tertiary students studying by distance education/correspondence are not eligible for the away from home rate under the Travel Time and Access provision.
For the purposes of ABSTUDY, a student's permanent home would not be within a reasonable travelling time of a suitable education institution if:
A significant portion of the year would comprise at least 20 school days, not necessarily consecutive, during which the student would not have access, either at all or within reasonable travelling time to the school or education institution. A case for the use of the provision would be made with reference to applicable conditions in previous years.
Where documentation is required to support the claim for living away from home, the following kinds of documentation are acceptable:
Living away from home approval should be revoked if students reduce their daily travelling time by moving to live in a permanent home closer to the education institution (but see 5.2.3.11.5 regarding continuation of School Fees Allowance).
However, where the new permanent home is close to the school but the student continues to board, continuity of study rules may apply to the end of the year (see 5.2.3.11.4).
The away from home rate may be approved if government schools within reasonable travelling time are unable to cater for a secondary student’s educational needs because of her/his special course requirements and the student needs to attend a school away from home.
Students may not be approved for away from home entitlements where an applicable special course is available within reasonable travelling time (see 5.2.3.2.2).
Note: Dependent schooling students studying by distance education/correspondence are not eligible for the away from home rate under the Special Course provision.
To qualify as a special course, the course must be one of the following:
Note: Each of these is explained in detail below.
A special course can be a full-time secondary course on completion of which students receive a formal specialising qualification such as a Certificate of Business Studies or the International Baccalaureate Diploma.
State or Territory education authorities should recognise:
Approval may also be given to a student who will be undertaking secondary studies at a post-secondary Indigenous controlled specialist institution which caters specifically for Indigenous students, where the student is:
Note: These institutions may be members of the Federation of Independent Aboriginal Education Providers Limited.
The following institutions are members of the Federation of Independent Aboriginal Education Providers Limited:
A special course can be a secondary course which is a prerequisite for entry to a specific post-secondary course.
The student should be in one of the final two years of secondary school and have clearly decided to enter the chosen tertiary course if accepted. There must be no similar tertiary course which could be regarded as an available alternative and there must be satisfactory evidence from the school which the student has been attending that the student has the potential to gain admission to the nominated course.
A special course can be a secondary course which contains two agricultural subjects or, under special conditions, one agricultural subject.
The study requirements are defined in 5.2.3.3.8 following.
The student must study an agricultural course:
The agricultural course should:
have a substantial weekly time allocation, which is directly related to the theory and practice of farming eg equivalent to four periods of approximately 40 minutes each;
A student in either of the final two years of secondary schooling who is studying only one agricultural subject, may be eligible for Living Allowance at the away rate if:
A special course can be any specialist secondary course in drama, music, art, ballet, sport or technology at a government school which has been approved by the State/Territory education authority. Students should be selected by the appropriate education authority to enter government schools with specialist curricula.
Note: This provision is aimed at students who have an exceptional ability which could lead toward a career in the particular specialist area.
A special course of study can be a secondary school subject containing Indigenous Studies which:
Students cannot be approved for away from home entitlements solely on the basis of the chosen school being an Indigenous school. Customer Service Officers (CSOs) must check local government and non-government schools to ensure that Aboriginal Studies is not offered locally or, if offered, does not meet the above criteria.
Where documentation is necessary to approve the away rate for a student to undertake a special course of study, a statement from the appropriate education institution or authority confirming the claim is required.
Note: CSOs should verify that the special course of study is not available within reasonable travelling time of the student’s permanent home.
Note: The formal accreditation process for curriculum for Years 8-10 in non-government schools in Queensland is that the school principal must approve the curriculum for Indigenous studies. In lieu of dot point one above, approval for a special course of study (subject) containing Indigenous Studies for Years 8-10 in non-government schools in Queensland must be undertaken in the following way.
Assistant Secretary
Indigenous Education Branch
DETYA
Location Code 161
CANBERRA ACT 2601
DETYA will advise Centrelink of any non-government schools that have had a specialist course of study (subject) for Years 8-10 Aboriginal Studies or Torres Strait Islander Studies approved in this way.
The away from home rate may be approved if government schools within reasonable travelling time are unable to provide appropriate schooling for a secondary student, due to limited local school facilities. Reasonable travelling time is defined at 5.2.3.2.2.
Note: Dependent schooling students studying by distance education/correspondence are not eligible for the away from home rate under the Limited Local School Facilities provision.
In preparation for upper secondary studies, students may be approved for away from home entitlements if:
The living away from home allowance will be automatically paid to enable students to bypass a South Australian Special Rural School (Area School) and an Aboriginal School in order to attend a larger secondary school.
A Living Allowance at the away rate will not be paid:
Note: Students cannot bypass a Catholic school in their remote area to attend a Catholic school in a metropolitan area.
In assessing claims to bypass local schools which do not come under these clauses, Centrelink Customer Service Centres should advise applicants that:
The applicant should be asked to give the names of the schools that the student has attended during each of the two years preceding the year for which benefits are sought. In addition the applicant should be asked to provide the documentation listed in the table below.
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If students... |
then they must provide... |
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have already been living away from home to attend the new school and if they have been there for at least one school year |
a statement from the new school showing: the subjects and, where applicable, the levels being studied by the student; and details of the student's school performance; and comments from the principal on the student’s academic potential. |
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have already begun living away from home to attend the new school but are in their first secondary school year |
a statement from the new school showing: the subjects and, where applicable, the levels being studied by the student; and a similar statement from the student's previous school. |
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have not yet begun living away from home to attend the new school |
a statement about the course that the student intends to study at that school, supported by a statement from the school that the course is available; and a statement from the student's previous school indicating subjects and levels studied. |
When the applicant provides the information described in 5.2.3.4.5 and 5.2.3.4.6, the advice of the State or Territory education authority should be sought in the following way:
- the range of subjects and (where applicable) levels available at the local school,
- the course that the student is studying, or proposes to study, at the other school, and
- the student's academic performance and potential.
The State or Territory education authority should provide an academic assessment to Centrelink.
Students who are eligible for Living Allowance at the away rate will retain their eligibility for the whole year. They will also retain eligibility for subsequent years, unless there is a significant change in circumstances.
The away from home rate may be approved if a government school within reasonable travelling time is unable to cater for a secondary student’s educational needs because of her/his disability and the student needs to attend a school away from home.
Reasonable travelling time is defined at 5.2.3.2.2.
A disability is defined as a:
A student with a disability may qualify for Living Allowance at the away rate for the following reasons to:
Each of these reasons is explained in detail below.
A special education institution is one which is designed to meet the needs of students with a particular disability or disabilities and is recognised by State or Commonwealth authorities.
Special facilities include a special centre for disabilities or special educational or physical facilities for the disabled within normal schools.
If acceptance at the special education institution/facility indicates that a professional assessment has been made of the student’s physical, emotional or psychological requirements, further documentation is not required.
A medical certificate must be provided which specifies the nature of the disability and affirms that the student could not be expected to live at home and travel daily to the nearest suitable government school.
If the disruption to the student's schooling because of her/his need to seek medical treatment amounts to the equivalent of at least 20 school days a year, not necessarily consecutive, the student is eligible for assistance at the away-from-home rate to board near the treatment centre.
However, the student's need to receive regular medical treatment should be supported by a statement from:
A medical certificate is required specifying the student's condition and indicating that:
Families whose lives and occupations demand constant relocation are described as itinerant families. Occupation groups which are often itinerant include:
The away from home rate may be approved where:
Note: In a two parent family, both parents need to be itinerant for the student to be eligible. If one parent is stable in location, the family is not considered itinerant.
A significant amount of time would be 40 week-nights during the year.
A statement of the family's projected itinerancy for the forthcoming year and itinerancy over the previous twelve months is required to accompany the claim.
If an applicant can demonstrate, eg by having met and providing evidence of itinerancy conditions in the previous year, the away rate may be approved if conditions are continuing in the current year and the other allowance eligibility conditions are met.
If this cannot be demonstrated, the procedure outlined on the next page must be followed.
The guidelines below are for assessment of claims made before the beginning of the school year. Where a claim is made after that date, the same guidelines will be followed, but they will be adapted to consider circumstances that have arisen between the beginning of the school year and the date of claim.
When such a claim is received at the beginning of the school year, no payment will be made immediately. The Centrelink Customer Service Centre advise the applicant that:
Any claim that the student’s family has moved to a new locality must be supported by some form of written evidence such as a statement by a new employer or verified that parents have registered for employment/FaCS benefits at the new locality.
Eligibility is determined in the light of family movements during the course of the school year, according to the guidelines set out in 5.2.3.6.9 following.
Where the family undertakes two moves of the type specified above during first term, the family may be accepted as itinerant for that period and the first term payment may be made once the second move is verified. The applicant should be advised that eligibility for the away rate in the remaining terms is still under review and that s/he should continue to notify the Centrelink Customer Service Centre of family movements.
Once a family has been accepted as itinerant for the first term on the basis of two moves during that period, assessment of eligibility for Living Allowance at the away rate in the remaining terms should be based on the following guidelines:
Where the family undertakes three or more moves during the first term, each of which would require a change of school for the student, the family may be regarded as itinerant for the full year. The first term payment may be made immediately upon verification of at least the first three moves and arrangements for subsequent payments should be made in the usual way.
Where the family undertakes four moves in the year spread over at least two terms, the family may be accepted as itinerant for the full year and Living Allowance at the away rate paid accordingly.
A student cannot be approved for the away from home rate if:
Where a parent's occupation necessitates constant movement and the family's home environment is in effect ‘mobile’ (eg a railway construction camp) and is constantly changing, the away from home rate may be approved if:
Families who are not normally itinerant but who are temporarily moved in their employment or must move several times in the course of a year to widely scattered localities in search of employment, may apply for the away from home rate to enable their children to avoid frequent changes of school.
If a family temporarily resides in the locality in which any of its eligible students are boarding or spends some time in this locality as part of its regular movements, the following principles apply:
Note: Parents should be advised at the time of assessment of the need to advise the Centrelink Customer Service Centre if they temporarily reside in a student’s locality.
Where a family has been accepted as itinerant for a year (see 5.2.3.6.11 and 5.2.3.6.12) but takes up permanent residence during the course of that year at a fixed address which provides access to suitable schooling, any student in the family who has been eligible for the away from home rate up to that point, remains eligible for the remainder of the year providing continuity of study rules are met (see 5.2.3.11).
A secondary student is eligible for Living Allowance at the away rate if:
Note 1: The student remains eligible in subsequent years if the student remains excluded from local schooling.
Note 2: Continuity of study rules (see 5.2.3.11) may apply where appropriate.
Note 3: Dependent schooling students studying by distance education/correspondence are not eligible for the away from home rate under the Exclusion From Local Schooling provision.
A letter from an appropriate officer of the State/Territory education authority confirming the above.
A student may be approved for the away from home rate if the conditions at the permanent home constitute a serious impediment to the student’s educational progress.
Home conditions which would constitute a serious impediment to the students’ educational progress are those that:
Note 1: The first two conditions may qualify students as independent on the grounds of being homeless if they are 15 years or older (see Policy Manual - 5.5).
Note 2: Examples of each of these conditions are given below.
Examples of basic necessities, the lack of which may make the student eligible for the away from home rate, include:
Examples of serious threats to a student’s health or well-being include:
Examples of home conditions that prevent or seriously disrupt a student’s ability to study include:
The following are not included in home conditions which constitute a serious impediment to a student’s educational progress:
In assessing whether home conditions constitute a serious impediment to educational progress, consideration is to be given to:
A student may be approved on the basis of home conditions if:
Where documentation is required to support a claim for the away from home rate on the grounds of home conditions, it should be in the form of a written statement from the applicant outlining the home circumstances and, where necessary, describing the dwelling and providing details on the number and ages of occupants who normally live there. One or more supporting statements from an independent authority as listed below must also be provided.
In most cases, it will be necessary for the claim to be verified by at least one independent authority with a first-hand knowledge of the circumstances. Examples of authorities from whom verification may be sought, as appropriate, are:
Secondary students may be approved for the away from home rate where there is evidence that they have been subjected to racial discrimination of a serious and continuing nature at the local government school(s).
Note: Dependent schooling students studying by distance education/correspondence are not eligible for the away from home rate under the Racial Discrimination provision.
Approval on the basis of this condition would only be given if and when all possible attempts to resolve the problem at the local level have proved to be unsuccessful. These attempts should be conducted with the help of:
Approval will require substantiation and may be given if:
A student’s eligibility on the basis of racial discrimination cannot be clearly established from the claim form without supporting documentation from another source.
Documentation should be in the form of a written statement from the applicant plus one or more supporting statements from:
Students may be approved for the away from home rate for the period that they must, as a compulsory requirement of the approved tertiary course, reside at the education institution while studying.
Approval may be given only if residence is compulsory for all students studying the course or stage of the course. It is expected that compulsory residence requirements are detailed in the course description of the education institution calendar, faculty handbook or similar publication.
Documentation can be in the form of:
Students may be eligible for the Living Allowance at the away rate if they:
Note: Students who were eligible for the away from home rate because they were receiving an independent school scholarship, cannot continue to receive this assistance under the continuity of study provisions should they cease to hold the scholarship.
In relation to students covered under the provision above, it is considered unreasonable to break continuity of study:
Note: Students must be enrolled in accredited secondary school studies.
Special continuity of study concessions apply to Year 12 students who were receiving Living Allowance at the away rate until the end of the previous year. These concessions are intended to ensure that these students are not adversely affected by a change in parental income. The student may continue to receive Living Allowance at the away rate until the end of the year or until s/he discontinues study in that year, if the student:
Students may also be eligible if:
Examples of situations where this provision may be used are:
Where the conditions of travelling time between the permanent home and the approved education institution are no longer met and the student becomes a day student at the same school, School Fees Allowance may continue to be paid up to the limit of the entitlement for a student approved for Living Allowance at the away rate.
Where documentation is required to support a continuity of study claim, it should be in the form of a statement from the applicant and verified by an appropriate independent authority.
DIFFERENT TO YA/AUSTUDY PAYMENT
A secondary student may be approved for the away from home rate on the basis of being offered a scholarship by an approved independent school (see Policy Manual - 4.2.1.1) offering an accredited course providing:
Note: The school must provide Centrelink with mandatory written evidence as outlined in 5.2.3.12.3.
Scholarship awardees will automatically qualify for non-income tested living away from home benefits but they will still need to pass the income, assets and family actual means tests for Living Allowance.
The following documentation is required in the first year a student receives a scholarship. The school must provide Centrelink written evidence that:
The following documentation is required in the second and following years that a student receives a scholarship:
See Policy Manual - 5.4 for the approval criteria for students in State care.
Students cease to be dependent students with effect from the first day on which they qualify for assessment as independent students, pensioner students or students in lawful custody.
A student ceases to qualify for the Living Allowance at the away rate from the date that s/he returns home to live during the academic or school year.
If students who normally live away from home opt to return to the parental home on a temporary basis while studying an integral part of their course, eg for a period of practical training, they remain entitled to the away rate unless that period is equal to or greater than one term or semester in length, depending on the structure of the course.
If the period is longer, the student will be regarded as residing permanently at home from the start of the period, including any vacations.
A visit or temporary return home during a vacation or at the beginning and end of the academic or school year does not constitute a change of status and the student remains entitled to away from home benefits.
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