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You are here: ABSTUDY > 5
Student Status > 5.3 Independent Status
This chapter covers details of the criteria required for a student to qualify for Living Allowance as an independent student.
Students are considered to be independent for the purposes of ABSTUDY if they meet one or more of the provisions for independence detailed in this chapter.
For ABSTUDY purposes, the term ‘independent’ means that a student is independent of, or exempt from, the normal parental income, assets and family actual means tests. ABSTUDY independent Living Allowance provisions are not necessarily intended to reflect community expectations of what ‘independence’ means for other purposes. For example, they may not be a reflection of a student’s personal maturity or lifestyle choice.
While independent students are not subject to the parental income, assets and family actual means tests, they must meet the student income test (see Policy Manual - 6.2.1). If they have an assessable partner, the partner income, assets and family actual means tests is also applied (see Policy Manual - 6.2.3).
There are two types of independent status:
Permanent independent status is granted on the basis of a condition which cannot change in a way that will substantially affect the independence of the student.
To meet conditions for permanent independent status the student must:
Note: Such communities will only be recognised for ABSTUDY purposes in Queensland, South Australia, Western Australia and the Northern Territory.
Students who are granted permanent independent status retain their status under ABSTUDY without reassessment, whether or not they continue in unbroken study.
An exception to this is the age provision where students will only be maintained under certain circumstances (see 5.3.4.1.2).
Reviewable independent status is granted on the basis of a condition which can change in a way that may substantially affect the independence of the student.
To meet the conditions of reviewable independent status the student must:
Students granted reviewable independent status must re-apply for independent status each year or whenever their current circumstances change.
Note: Students must notify Centrelink of any changes to their circumstances within fourteen days of the change.
For a student applying on the basis of a permanent independent condition, independent status may be approved by the delegated officer providing:
For students applying on the basis of a reviewable independent condition, independent status may be approved by the delegated officer providing one of the following points apply:
Claims to reviewable independent status can be investigated by an authorised officer. An authorised officer is an officer authorised by the Centrelink/ABSTUDY Manager to conduct interviews and/or home investigations for the purpose of ABSTUDY reviewable independence claims. The officer may be:
In nominating authorised officers for this purpose, the Centrelink/ABSTUDY Manager should take account of:
The entitlements listed below may be available to independent students if they meet the relevant award criteria:
Living Allowance for independent students is not subject to an income test on parental income, but is subject to income tests on student income and, if applicable, partner income, assets and family actual means tests.
See Policy Manual - 1.2.1.81 for definition of permanent home for independent students.
This topic covers the provisions for approval of Living Allowance at the independent rate.
Where a student does not already qualify for independent status under another provision, s/he can be granted permanent independent status once s/he turns 25 years of age.
Students who are under 25 or who turn 25 in 2000 will continue to be assessed as independent for ABSTUDY purposes if they:
Students under 25 previously granted independent status, but not receiving ABSTUDY at some time during 1998 (or 1999 because of the above circumstance), will not be maintained and are subject to the new age 25 requirement in 2000, unless they qualify for independent status on other grounds.
Prudence turns 25 in late 2001 and received the independent rate of Living Allowance when she turned 22 in 1998. She is studying a Bachelor of Science degree. As she was previously granted independent status and received that rate in 1999, Prudence continues to be eligible for the independent rate of Living Allowance in 2001.
Robert commenced study in a 4 year Bachelor of Engineering in 1998. He received ABSTUDY Living Allowance at the independent rate in 1998 based on age grounds as he was then 22. Robert did not study in 1999 or 2000 or undertake any compulsory work/industrial experience for his course. He applies for ABSTUDY in 2001 while aged 24 after resuming study in the Bachelor of Engineering. Robert does not meet the age criteria for independent status until he turns 25 during 2001. Unless he satisfies any of the other independent status criteria, he is assessed as a dependent student until he turns 25.
Where documentation is required to support the claim for independence, applicants must provide an original or certified extract of a birth certificate or other official documentation indicating date of birth (see Policy Manual - 2.1.4.2.2).
Students are independent if they are:
Where documentation is required to support the claim for independence, applicants must provide an original or certified copy of their marriage certificate, decree nisi or other official documentation indicating marriage.
Students qualify as independent if they have or previously had a dependent child or dependent student of their own. (See also 5.3.4.9 Child in Student’s Care).
Note: This includes situations where a child is given up for adoption; OR a student shares custody and financial responsibility of a child and the child lives with the student for at least half the week.
A dependent child for the purposes of ABSTUDY is:
A dependent student for ABSTUDY purposes is:
Where documentation is necessary to support the claim for independence, the student must provide evidence that:
Evidence that a student has a dependent child should include:
Students are independent if they have been full-time members of the workforce for periods totalling at least three years (156 weeks) during the previous four years (208 weeks). See 5.3.4.4.4 for definition of full-time.
Note: Care should be taken to calculate actual weeks in borderline cases.
In general, the periods which come within the workforce participation provision are:
Workforce participation includes periods where the student was:
To be considered full-time in the workforce in any week, a student must have either:
Note 1: Part-time work (ie where the student was not working at least 35 hours a week in one or more part-time jobs) CANNOT be taken into account unless the student remained registered for full-time work, in which case, that period is counted on a full-time basis.
Note 2: If a student worked more than 35 hours in a week, the excess hours are ignored in calculating the student's eligibility for independent status.
Periods cannot be counted towards the required three years (156 weeks) if the student was:
No account is to be taken of registration with Centrelink during periods in which the student undertook full-time primary or secondary study. Registration during school vacations is not to be taken into account.
Also, no account is taken of periods of registration between the end of the school year and 31 December, even in respect of the student's last year of schooling, if the student was entitled to receive ABSTUDY (or other education assistance) for that end-of-year period. Students who were not eligible to receive education assistance for the period from the end of schooling to 31 December can count periods of Centrelink registration during that time.
The waiting period for YA as a school leaver may be included, if the school leaver was registered with Centrelink for this period. However, the period from the end of the school year to 31 December cannot be counted if the student was entitled to receive YA/Austudy for that time.
Note: Since 1993, registration has not been mandatory for Education Leaver Waiting Period (ELWP) purposes. The ELWP may be counted without registration (excluding any period of YA/Austudy entitlement).
No account is to be taken of periods that a student was registered for full time employment with Centrelink, if the student was also eligible and qualified to receive ABSTUDY.
A full-time student in a short or late-starting course only has an ABSTUDY entitlement during the actual period of the course. Such a student would be able to count periods of registration before the start or after the end of the course (but not for any vacations during the course).
Mary undertakes a normal year of full-time study and commences getting ABSTUDY from 1 March. She cannot count toward independent status any period of registration with Centrelink from 1 March onwards when she is regarded as a student.
A student who was part-time in first semester but changed to full-time at the start of second semester and qualified for ABSTUDY could count any:
If a student ceased full-time study during the year and entitlement to ABSTUDY ceased , any periods of registration after the date entitlement ceased can be counted toward a future claim for independent status.
Periods during which a student was undertaking full-time post-secondary study are not generally counted towards the 3-year workforce requirement unless the student can demonstrate that while studying, s/he was also a full-time member of the workforce.
Periods of paid study leave or periods during which a student was under a training agreement or in receipt of educational assistance (such as teacher scholarships or ABSTUDY) will not usually be included in the three year period.
Periods during which a student undertook academic studies at the Australian Defence Force Academy (ADFA) in Canberra cannot be counted. However, periods of military training in the academic vacations may be counted.
Periods of industrial experience forming part of a student’s course may be counted if normal wages are paid (but periods of industrial training for which ABSTUDY is paid are not).
Periods spent training for and playing sport are not acceptable, even though the person may have received some remuneration from a sporting club, unless:
The sporting activity must be the person’s primary occupation. Someone who plays for a local club, trains during the week and receives match fees for a game cannot be said to be a professional sportsperson.
Periods while a student was overseas but not in full-time employment are not counted.
Periods that a student spent as a participant in a youth self-development program (such as the Duke of Edinburgh’s Award Scheme or Operation Rally) are not counted for independent status purposes. This applies even if:
Students are initially required to only provide a schedule of their workforce participation history.
Where there is doubt about a student's claim, or a subsequent check of their eligibility is being carried out, students must provide suitable supporting documentation.
Where supporting documentation of employment is required, CSOs are to use their discretion when examining evidence of full-time employment.
Where evidence is requested, a group certificate or a statement of earnings are sufficient evidence to demonstrate both period of employment and hours worked.
For example, if a student presents group certificates and it is quite clear from the certificates that they worked as a full-time clerk, it would not be necessary to obtain a separate statement from the company setting out the hours worked.
Where evidence is requested, a taxation return may in some cases be evidence of participation where:
Where evidence is requested, and a group certificate or statement of earnings is not indicative of full-time employment, further evidence will be required. In these cases, it may be necessary for the student to obtain a statement of hours of employment from her/his employer.
Statements that include statements such as "average of x hours a week" are not acceptable. The actual number of hours must be shown for each week.
Care should be taken when examining periods of employment where students worked for their parents or family businesses.
In these cases group certificates, tax stamps or similar documentation may be required to ensure that the applicant was a bona fide employee.
A declaration from the student’s parent is not sufficient.
Where proof of self-employment is required, documentary evidence may be difficult to obtain. In these cases a statement from the student’s accountant along with taxation documentation may be sufficient evidence.
There may be instances where the CSO has to rely solely on a student’s own declaration concerning hours worked (eg bread vendor).
Students who claim to have been self-employed in hobby-type activities (eg producing craft work) should not be accepted unless strong evidence can be produced that the activity was genuinely being undertaken as a full-time business.
While it is the period worked and not the amount earned that determines entitlement, in cases of doubt (eg where the student was self-employed or working in a family business) documents which show amounts of income earned (eg tax assessment notices) can be useful corroborating evidence in determining whether the student can reasonably be considered to have been in full-time employment.
In appropriate cases, statements may be required from Centrelink confirming the period/s that the student:
Where a student has been requested to provide evidence of their claim and has made all reasonable efforts to obtain supporting documents for a particular period but has been unsuccessful (eg because prior Centrelink records are no longer available) a statutory or student declaration from the student providing details of the period of employment/registration may be accepted as sufficient evidence for that period.
ABSTUDY records can be used to indicate whether or not the student was studying full-time and in receipt of ABSTUDY Living Allowance during the period in question.
Students are independent if they are 15 years or older and have special adult status in an Aboriginal/Torres Strait Islander community which follows a lifestyle based on adherence to coming-of-age ceremonies.
Such ceremony is to have been sanctioned by recognised Aboriginal or Torres Strait Islander elders of that community.
To be eligible, the student’s permanent home (see Definition at Policy Manual - 1.2.1.83) must be in the traditional community, where the student lives independently of family when not studying.
Note: Communities which follow this lifestyle will only be recognised for ABSTUDY purposes in the Northern Territory, Queensland, South Australia and Western Australia.
Where documentation is necessary to support the claim for independence, the student must provide a statement signed by the Chairman and another member in the student’s home community, for the observance of cultural practice. The statement must confirm that the student has undergone and completed a traditional initiation ceremony sanctioned and recognised by Aboriginal and Torres Strait Islander Elders.
The student must provide a statement confirming that they are not supported financially by their family and live independently in the community when not studying.
Students are independent if they are secondary students aged 18 years of age or older or tertiary students, and were previously, for a six month cumulative period or more, in lawful custody at:
Where documentation is necessary to support the claim for independence, the student must provide a statement from the institution or corrective service authorities confirming the period of time spent in lawful custody.
Students are independent if they are 15 years of age or older and are orphans.
Note: The definition of an orphan is expanded below.
An orphan is a person whose natural or adoptive parents are:
Note: A student cannot be regarded as an orphan while at least one natural or adoptive parent is known, or presumed, to be alive.
Students who meet the conditions for orphanhood can qualify as independent even though they are living with someone other than their natural or adoptive parents.
If a student’s parent has been missing (ie whose whereabouts is unknown) for not less than seven years, under common law the parent may be presumed dead.
Note: State or Territory laws may vary the length of time and/or conditions under which a person may be presumed dead.
In support of their claim for independent status, students must provide a death certificate or documentation from an Aboriginal/Torres Strait Islander organisation to the effect that a parent is:
Students are independent if they are 16 years of age or older and are living in a de facto relationship and that de facto relationship is of at least six months’ duration or there is a dependent child/student.
Dependent children for the purposes of ABSTUDY are:
Dependent students for ABSTUDY purposes are:
Where documentation is required to support the claim for independence, applicants must provide a statutory declaration signed by both parties, plus other documentation indicating cohabitation such as rental agreement, electricity, water or telephone account.
Students who are no longer in a de facto relationship cease to be classed as independent.
Students are independent if they currently have the care or custody of another person’s dependent child(ren) or dependent student(s).
Dependent children for the purposes of ABSTUDY are:
Dependent students for ABSTUDY purposes are:
Where documentation is necessary to support the claim for independence, the student must provide documentation indicating their responsibility for the dependent child or student, such as:
Students qualify for independent status where:
Students whose parent (s) is/are incapacitated temporarily and who cannot give the student a home should apply as a ‘homeless’ student (see Policy Manual - 5.5).
Parents are accepted as being missing if:
Note: If a parent(s) is legally missing and presumed dead, independent status as an orphan should be considered (see 5.3.4.7).
Students can still qualify as independent even though they are dependent, or were last dependent, on someone other than their natural or adoptive parents.
Students whose parent(s) are in prison must provide confirmation of such from the relevant authority in their State or Territory.
The authority should confirm the period for which the parent(s) has/have been imprisoned, and the likely period which the parent(s) has/have still to serve.
Note: Where a student is granted independent status under this provision, but the period of their eligibility may be foreseen, the student’s claim must be reviewed at the appropriate time. An example of where this may occur is if there is a likelihood that the parent will be released from prison within the current year of study.
Students must provide confirmation from the relevant authority in their State or Territory that their parent(s) is/are confined indefinitely to a medical institution such as a psychiatric hospital or nursing home.
Students whose parent(s) is/are missing must provide evidence of attempts to locate and contact them, for example, through telephone directories and/or electoral rolls.
If a parent has a history of periodically going missing, the period s/he has gone missing and the likelihood of return should be considered.
Students are independent if they are 16 years of age or over and have returned to live in an Indigenous community after having been adopted or fostered by a non-Indigenous family for more than two years.
Independent status approved on the basis of returning to the home community may be withdrawn if the student reverts to adoptive, foster or another form of State care. Students who do not qualify for permanent independence by another condition should have their circumstances reviewed each year.
A significant change of circumstances, however, would be expected to involve a change of address to a location other than the home community. Hence, provided that the student continues to live in the home community, this will be sufficient basis to maintain independent status.
Where documentation is necessary to support the claim for independence, the student must provide a statement from:
See Policy Manual - 5.5 for the approval criteria for homeless students.
Students commence to be independent students with effect from the first day on which:
Students cease to be independent students with effect from the first day on which:
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