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You are here: ABSTUDY > 5
Student Status > 5.5 Homeless Students
This chapter covers details of the criteria required for a homeless student.
Students who are granted reviewable independent status as a homeless student must reapply for independent status each year or whenever their circumstances change. See 5.3 for reviewable independent status other than homelessness.
A person is independent under the homeless criteria if:
a) the person cannot live at the home of either or both of his/her parents:
i) because of extreme family breakdown or other similar exceptional circumstances; or
ii) because it would be unreasonable to expect the person to do so as there would be a serious risk to his/her physical or mental well-being due to violence, sexual abuse or other similar unreasonable circumstances; or
iii) are unable to provide the person with a suitable home because they lack stable accommodation; and
b) the person is not receiving continuous support, whether directly or indirectly and whether financial or otherwise, from a parent of the person who is acting as the person's guardian on a long-term basis; and
c) the person is not receiving, on a continuous basis, any payments in the nature of income support (other than a social security benefit) from the Commonwealth, a State or a Territory.
Students applying for ABSTUDY Student Homeless Rate (SHR) must have reached the minimum school leaving age for their State or Territory.
The table below shows the minimum school leaving ages for each State and Territory.
|
State or Territory |
Minimum school leaving age |
|
NSW |
15th birthday |
|
VIC |
15th birthday |
|
QLD |
15th birthday |
|
SA |
15th birthday |
|
WA |
end of school year in which the student turns fifteen |
|
TAS |
16th birthday |
|
NT |
15th birthday |
|
ACT |
15th birthday |
SHR does not apply to students who now are or previously were wards or in other state authorised care. Such students may, however, qualify for assistance under other ABSTUDY provisions.
Students qualify for independent status where they:
Note: This criterion is no longer current. However, students who were granted independent status in 1990 on the basis of being a ward retain this status. New applicants are not eligible for this provision.
Eligibility is determined in relation to the student's natural (ie, birth) parent(s) or legally adoptive parents. Where the student's natural or legally adoptive parent(s) live in separate households, the student must satisfy the SHR criteria in relation to each household.
Students who meet the criteria for reviewable independent status as above and receive a Living Allowance, may be eligible for Rent Assistance, Remote Area Allowance and/or Pharmaceutical Allowance..
See 7.12 for details.
All students applying for ABSTUDY Student Homeless Rate (SHR) must complete the appropriate Centrelink Additional Information Form as well as the ABSTUDY Claim (Form b). Continuing students need not provide full supporting documentation if their circumstances have not changed. However, each time they reapply for ABSTUDY, they must complete the appropriate Centrelink Addition Information Form.
Special arrangements are in place to help avoid gaps in payment to SHR/UTLAH students who continue study between years. SHR recipients who are on pay until 31 December and genuinely intend to continue in full-time study may make early application for ABSTUDY prior to receiving a formal offer of a place. If the student subsequently ceases full-time study, no overpayment will be incurred if the student:
Payment of SHR may be backdated to the date the student started living away from the parental home provided that the student had reached minimum school leaving age and was otherwise eligible for ABSTUDY.
Direct transfer to ABSTUDY SHR can occur if the student has been receiving the FaCS benefit, ‘Unreasonable to live at home’ payment of YA or Special Benefit.
Jobseekers aged up to 21 years of age or students up to 25 wanting to transfer to ABSTUDY SHR (as long as they are otherwise eligible for ABSTUDY) can do so without having to be re-assessed as a homeless young person if they are considered independent and receiving the ‘Unreasonable to live at home’ payment of YA or Special Benefit.
If receiving YA or Special Benefit as an independent young person on other grounds besides the ‘Unreasonable to live at home’ criteria, (eg Parents cannot exercise responsibilities) attempts should be made to transfer the young person to ABSTUDY under an aligning independent criteria. If the similar independent criteria is not available under ABSTUDY guidelines, then the customer will need to apply for ABSTUDY SHR in the usual way.
In some cases, where attempts to contact parents have failed, Centrelink can choose to pay a customer a FaCS benefit as a young homeless person based on other evidence without the parents' side of the story and then review the claim in four weeks.
Where customers are seeking transfer to SHR and have been receiving a Centrelink benefit as a homeless young person for eight weeks or less, advice should be sought about whether parents have been contacted. Care should be taken to ensure that any claims assessed without parental contact must be reviewed within four weeks of payment of ABSTUDY SHR, with parental contact being attempted by a Centrelink Social Worker in that period.
All students who enquire about Student Homeless Rate and are under 15 years of age must be referred to a Centrelink social worker for assessment. Subject to privacy obligations, where in the opinion of the assessing social worker the young person is at risk, the social worker must refer the young person to the responsible State/Territory welfare authority for an assessment of/for protective services and attendant support.
The privacy of homeless young people coming into contact with Centrelink is protected under the Social Security Act 1991 or the Privacy Act 1988. While Commonwealth employed or contracted social workers will endeavour to persuade these young people to accept referral to the State/Territory welfare authority, the rights of the young person to decline such assistance will be respected, subject only to the public interest provisions of the relevant privacy legislation.
Where a young person is 15 to 17 years of age (inclusive) and presents to Centrelink seeking support at the Student Homeless Rate, the young person must be interviewed by a social worker employed or contracted by Centrelink. This interview may be conducted by telephone. The social worker should determine whether there is a need to refer the young person to a State/ Territory welfare authority, including younger siblings remaining in the home, for a protective investigation. Referral will be subject to the consent of the young person, or in accordance with release of information under the Student Assistance Act 1973 (see 5.5.10.3), and/or in accordance with mandatory reporting requirements. For full details of the Protocol Procedure, you must refer to your State or Territory Procedures.
ABSTUDY assists students who may be at risk of giving up their studies because of traumatic family circumstances. This provision recognises that there are situations where students face serious physical or mental harm in the family home. It gives such students the opportunity to continue in their studies after they have moved to a safer, more stable environment. The provision is for students who cannot reasonably remain at home and therefore must live independently for the sake of their well-being.
The provision is not intended to encourage students to leave home nor to encourage parents to cease contributing towards their children's education. It is not a means for students to choose to leave home so that they can get a higher rate of ABSTUDY.
A student qualifies as independent through it being unreasonable that s/he live at home, if:
All SHR decisions must be considered carefully for correctness and to be fair and accountable to:
Centrelink takes into account all relevant information in deciding whether to grant or continue SHR assistance.
When determining a claim for the Student Homeless Rate, it is essential to consider the following factors prior to making the final decision:
If the student visits home regularly, this may indicate that the student's home circumstances are not sufficiently severe to warrant SHR and that a reasonable degree of reconciliation has been achieved. Further investigation may be required to clarify the current situation. The student must be given the opportunity to provide further information regarding the home visits prior to the case being reviewed.
Brief and infrequent visits home need not disqualify the student for SHR provided that the visits are consistent with the student's reasons for leaving home (eg. the visits were made in an attempt to reconcile the family situation, or the visits were in the interests of maintaining contact with a family member who is at risk from another member of the household).
Students who qualify for SHR must have their circumstances reviewed in the context of their claim for continuing benefits.
CSOs must monitor all new approvals for SHR by noting circumstances that may need reviewing during the year of study, for example:
Social workers provide advice on SHR claims and assist SHR CSOs in determining SHR eligibility.
The social worker will be expected to provide a professional recommendation as to whether a student’s circumstances meet SHR conditions.
Note: The SHR CSO is responsible for approving (or not approving) SHR, and to approve payment.
It is important that the social worker does not indicate to persons being interviewed (including the student and parents) whether SHR will be approved or not.
The social worker does not normally provide more than general counselling services to SHR applicants. If, for example, a student needs counselling and has not already contacted an appropriate service, the social worker may provide the student with information on counselling services and assist the student by making a referral or an initial appointment.
A contract for social worker services has been distributed by National Support Office for use nationwide. There is flexibility in the contract to allow each Centrelink Customer Service Centre to develop a preferred format for the social worker’s report. Ideally, the social worker’s report should include:
The social worker may provide expert assistance in the following areas:
Centrelink offices have local arrangements for referral to social workers. However, all customers under 18 should be referred to a Centrelink social worker for assessment under Protocol requirements.
In addition, the following cases should be referred to the social worker for a professional opinion of the overall family situation:
All SHR claims (except claims from orphans) must be accompanied by:
Statements from advocates must give an objective, independently investigated account of the family situation, including whether the student is receiving any support. Preferably, the statement will show that the advocate has spoken with at least one of the student's parents except if s/he believes that direct contact with either parent could place the student or another person at risk of harm.
Medical statements provided in support of a claim should only be accepted if they address the connection between the home conditions and a threat to the student's physical or mental health.
As well, students may provide a statement from one or both parents, and/or statements from any other persons who have a first-hand knowledge of the situation.
Note 1: Statements which rely solely on information given by the student are not normally accepted.
Note 2: It is the quality of the supporting documentation that is important, not the quantity.
Note 3: Students who are clearly having difficulty in providing any statements, including their own, must be helped as described in 5.5.6.2.
Special arrangements apply for students transferring to ABSTUDY from a FaCS benefit as a homeless young person (see 5.5.2.1 and 5.5.2.2).
Students who have difficulty in completing the SHR form, providing their own personal statement or providing supporting documentation must be offered referral as quickly possible to an SHR CSO or the Centrelink social worker. These staff will assist the student as required. The assistance could include providing an opportunity for the student to explain her/his circumstances, or assisting the student to obtain supporting evidence by:
referring the applicant to the local State or Territory welfare authority for a protective assessment in line with the Homeless Youth Protocol (see 5.5.3).
The following statements are not adequate for assessment purposes: (and further information should be sought):
The following table outlines the SHR claim procedure:
| Step | Action |
|---|---|
| 1 | Check that the appropriate Centrelink Additional Information Form has been completed and relevant supporting evidence is attached. |
| 2 | If not, check whether the student requires assistance in completing the form and offer referral to an SHR CSO or the social worker. |
| 3 | Ascertain if there is sufficient evidence to indicate that
the student is likely to meet the two basic SHR conditions: - that they are facing traumatic home circumstances; and - that the ‘support’ conditions are met? If YES, go to Step 4 and/or refer to the social worker. If NO, decide if the case should be investigated further. It may be helpful to refer the student to appropriate counselling or a youth support agency, and/or refer to the social worker if necessary. |
| 4 | USE THE TELEPHONE to check basic information: - with parents where appropriate (check permission first); - the person(s) with whom the student is living; and - the health/welfare worker who has provided a statement (or whose name has been given by the student). |
Remember to keep clear file notes.
SHR is determined in relation to the student's natural and/or adoptive parent(s).
SHR cannot be granted for ‘homelessness’ from a person who is not the student's natural or adoptive parent.
If a student's natural or legally adoptive parents live in separate households, the views of both parents, and the situation in both households are normally taken into account. This is regardless of whether one or both parents have custody or guardianship.
However, SHR may be granted on the basis of homelessness from the custodial parent's home ONLY, providing that:
Where a student satisfies the SHR criteria in respect of the custodial parent but a non-custodial parent has provided continuous support to the student over the previous two years, the student may be assessed as dependent against the income of the non-custodial parent. For a student to be assessed in this way, it would need to be established that the non-custodial parent has maintained regular and substantial contact or financial support to the student.
SHR will not normally be approved until the student's parent(s) have been given the chance to comment.
The key reasons for this contact are:
Note: Parents are not contacted to seek or give permission for SHR.
Under Privacy requirements, the student must give permission before parents can be contacted. Where the student refuses permission, s/he should be referred to the social worker as outlined in 5.5.5.3.
Unless students withhold permission, parents must be given the opportunity to comment (either written or orally), except in the cases listed in 5.5.7.5 or in 5.5.7.7.
Although the student's wishes about contact with parents must be respected during the assessment process, it must also be explained that refusing permission to contact parents without good reason may mean that the claim for SHR cannot be investigated properly and may have to be rejected or payment cancelled.
Where a student refuses permission, the social worker must discuss the reasons with the student or another person and decide whether the student or another person would be at serious risk if the parents were to be contacted. If so, the reasons must be clearly noted by the SHR CSO and signed by the Centrelink Manager or her/his delegate and placed on the student's file. This is required to justify any grant of SHR without parental contact.
If it is established that the student or another person would not be placed at risk if the parent(s) were to be contacted, then the student has the following options:
SHR claims may only be approved without seeking a parent's view in the following circumstances:
The following table outlines the process for contacting parents:
| Stage | Description |
| 1 | The SHR CSO and/or social worker determine whether one or both of the parents should be contacted. If the parents have already provided adequate information in a written statement, there is no need for further contact unless there is doubt as to the authenticity of the statement. |
| 2 | Contact the parents by telephone. If the parents wish to ring back at a more convenient time, or when they can speak more privately, make a firm arrangement about when they will ring back. |
| 3 | The parents are advised by telephone that the student has applied for ABSTUDY under the independent rate. They are invited to give comment, from their point of view, why the student is unable to live at home, and whether they are providing any support for the student. At this time the appropriateness of family mediation, counselling or family therapy may be explored. |
| 4 | Before finalising the call, leave a contact name and phone number for the parents in case they want to contact at a later date. |
| 5 | If unable to contact a parent by telephone, including if messages to call back are unanswered, the parent should be contacted by certified mail, asking him or her to telephone the officer nominated in the letter. If no response is received within ten days, the student’s claim should be assessed using social worker expertise and supporting documentation available. Persons providing supporting documentation should be contacted by phone or letter during this process (as considered necessary). |
| 6 | Ensure that the whole process of contacting parents has been documented. |
For the purposes of SHR, violence refers to physical abuse or attacks. Abuse of a covert or psychological nature is covered by ‘other exceptional circumstances’.
The severity and/or frequency of the violence will help determine whether SHR should be granted.
Where a young person is alleging that violence is the reason for leaving home, the SHR CSO or social worker should ascertain the following:
For SHR to be granted on the grounds of violence, the violence must be the reason the student cannot live in the parent's home without serious risk to his or her health. Parents need not be the perpetrators of the violence. Other members of the household, or relatives who visit frequently, may be the perpetrators. In some cases, the student may be a perpetrator of the violence because it is symptomatic of the overall family situation.
A student may be granted SHR on the grounds of violence irrespective of which member of the household is the perpetrator of the violence and who is the victim. The student need not be the direct recipient of violence. However, where the violence is not current or recent, closer investigation is required to establish the extent of the emotional or psychological effects on the student.
SHR may apply if violence has on any occasion caused injury requiring medical attention or hospitalisation. Conclusive proof of this is doctor's or hospital records where these can be attributed directly, or by supporting information, to violence.
If the student is unable to provide evidence of violence, the applicant should be referred to the Centrelink social worker (see 5.5.5) for interview and if under the age of 18 years, possible referral to the appropriate State/Territory welfare authority (see 5.5.3).
SHR CSOs or social workers should not initiate contact with parents who are alleged to be the perpetrators of violence. This could place the student or another person at risk and is most unlikely to assist with verification. Contact may compromise a police or State/Territory welfare investigation of violence. The social worker should decide if, in exceptional circumstances, contact with the alleged perpetrator is warranted.
The student's permission must be obtained first. Contact with the partner of an allegedly abusing parent should be considered. The social worker will decide if such contact should not be made because of risk to the non-abusing parent, other family members or to the student.
SHR cannot be granted on the grounds of violence where Centrelink is not satisfied that the student's health would be at serious risk if they were to live in the family home. For this reason, SHR cannot be granted if:
A student may be eligible for SHR while one parent re-establishes a home due to violence. This can happen when:
A student who is within the age group covered by the operational guidelines in her/his State/Territory who applies for SHR on the grounds of violence abuse must be referred to that State's or Territory's welfare authority (see 5.5.3).
Sexual abuse is any act of a sexual nature which is threatened or imposed on a young person by another person taking advantage of a position of authority or trust. Persons imposing or threatening sexual abuse or harassment may include natural, adoptive, step or foster parents, siblings, grandparents, and other relatives or persons who either live in or visit the home. The sexual abuse or harassment must be the reason why the student cannot live in a parent's home without serious risk to her/his health.
Verification of sexual abuse or harassment may be obtained from the following sources:
Normally SHR cannot be granted on the grounds of sexual abuse without independent supporting evidence. However, the Centrelink social worker will be able to determine whether the matter can be confirmed in any other way or whether SHR appears warranted on other grounds. If a student applies for SHR on the basis of sexual abuse, but has not reported the matter to health/welfare professional or agency:
This should not only assist the young person, but could then be a source of information about the likelihood of sexual abuse having occurred.
Where a student has not been subjected to sexual abuse, but other members of the household are being abused by a member of, or frequent visitor, to the household, it may be accepted that it would be unreasonable to expect the young person to remain in the household. Where the abuse is not current or recent, closer investigation may be required to establish the extent of the emotional and psychological effects on the claimant. The likelihood of further sexual abuse occurring should also be looked at. However, in such cases the student should apply for SHR on the grounds of ‘other exceptional circumstances’ rather than ‘sexual abuse’.
If the student is sexually abused by a visitor, SHR will normally only be approved where the senior SHR CSO is satisfied that all reasonable action has been taken to remove or avoid the abuse or harassment (eg banning the visitor). SHR may be granted where the CSO is satisfied that no ‘reasonable’ action is possible, for example, based on information from the student, his or her doctor or counsellor, or from the Centrelink social worker.
A student who is within the age group covered by the operation guidelines in her/his State/Territory who applies for SHR on the grounds of sexual abuse must be referred to that State's or Territory’s welfare authority (see 5.5.3).
For the purposes of SHR, this refers to any cause of serious risk to the student's physical or mental health in the family home other than sexual abuse or violence. For SHR to be granted, the circumstance must be of comparable gravity and severity to sexual abuse or violence. It is not possible to list all the circumstances that might qualify as unreasonable and expose a young person to severe risk. The examples listed are indicators only. SHR CSOs and social workers should take care not to exclude a person whose circumstances do not precisely fit any of the examples given.
If in doubt, complex cases should be discussed with National Support Office.
Where parents or other family members are alleged to be engaged in criminal activities such as drug dealing, receiving or trading stolen goods, prostitution or robbery, the parental home could pose a serious threat to a young person's mental health and/or safety.
The existence of criminal activity alone is not sufficient to warrant SHR - a judgement must be made about the risk to the young person if s/he returned home. Where a crime is already known to authorities, ie a family member has been charged or convicted, verification can be sought from police or court records, parole officers, community corrections agencies, or the State/Territory welfare department.
Where the alleged criminal activity is not known to authorities, it is unlikely that verification could be sensitively sought. The overall family relationship and the risk to the young person returning home should be explored instead.
Serious neglect can include failure to provide adequate food, clothing, shelter, hygiene, medical attention or supervision. Neglect need not necessarily be of the student, but may involve the neglect of siblings. Parents may have difficulty in providing basic needs because of a physical or mental illness, invalidity or drug or alcohol addiction.
The State/Territory welfare authority should be contacted for information relating to any allegations of serious neglect. If the State/Territory welfare authority is not already aware of the family situation they will conduct an investigation and advise.
Where a family member has a drug or alcohol addiction or other substance abuse problem, the student's physical or mental health must be adversely affected in order to qualify for SHR (that is, the existence of the problem does not necessarily make it unreasonable for the student to live at home).
Verification of substance abuse may be obtained from medical records, or police records, drug and alcohol rehabilitation services, or counselling services. These sources may also confirm the harmful effects on the student.
SHR may be granted where a family member suffers from a psychiatric illness and the student's physical or mental health would be at risk if s/he were to live at home; or where the student suffers from such an illness and the family is unable to cope with her/his continual presence in the home. Verification should be sought from medical and/or counselling sources.
SHR may be granted of the student's physical mental health is at serious risk because of psychological intimidation, emotional abuse or manipulative family relationships. Applications on these grounds must be referred to and investigated by the Centrelink social worker.
SHR may be granted if the student's physical or mental health is at serious risk because of extreme parental demands such as:
The nature and severity of the overall family situation determines if the student is at serious risk in the home. While poverty, overcrowding, poor accommodation or study conditions are not in themselves enough to justify independent status, these conditions could be symptomatic of deeper family problems.
If the reasons or evidence provided by the student are ambiguous, CSOs may need to look further (with social worker assistance) before deciding SHR eligibility.
As a guide, SHR will NOT normally be approved solely or principally on the grounds that:
SHR cannot be granted solely or primarily on the grounds that the student lives in a relationship of which the parents do not approve. This could be for example, if the student has a relationship or lives with:
The fact that parents choose to withhold financial assistance from a student on the grounds of an unwelcome relationship is not in itself sufficient grounds for SHR. All cases of this nature should be assessed against normal ‘extreme family breakdown’ criteria (see 5.5.8.4.1 and 5.5.8.4.2 on next page).
Students may be eligible for SHR if they cannot live at home because of extreme family breakdown. CSOs must be satisfied that both conditions (ie, 'cannot' and 'extreme' ) are met.
Family breakdown will be considered to be extreme, rather than mild, serious or severe, where:
The existence of ongoing conflict alone is insufficient grounds for SHR to be granted. Indications that the family breakdown is extreme may include:
Where students do not satisfy the criteria under extreme family breakdown, assessment should be considered under one of the other SHR categories.
It will be accepted that the student cannot live at home because of extreme family breakdown if the conditions in 5.5.8.4.2 above and 5.5.8.1.2 are met, and:
It will not be accepted that the student cannot live at home for SHR purposes if the conditions in 5.5.8.4.2 and 5.5.8.4.3 on the previous page and 5.5.8.2.2 and 5.5.8.2.3 are not met and s/he:
Given the difficulty in determining whether the conditions described in 5.5.8.4.2 and 5.5.8.4.3 on the previous page and 5.5.8.2.2 and 5.5.8.2.3 are met, and because the criterion of extreme family breakdown is the provision most open to exploitation by students or families otherwise bound by ABSTUDY parental income testing, all claims under extreme family breakdown must be referred to the Centrelink social worker for:
The following situations of family discord do not, in themselves, qualify as ‘extreme’:
This criterion covers situations of family dysfunction related primarily to circumstance beyond the family's control. They do not necessarily involve irreconcilable breakdowns in relationships (see 5.3.4.10).
In all cases covered by this criterion, parents (or a single parent) will be unable to provide a home, care or continuous financial support for the student, normally for reasons beyond their control (see 5.3.4.10).
Note: This criterion differs from other provisions in that the situations covered here are of a more temporary nature.
Situations include where a parent or parents are:
Approvals under this criterion are subject to normal 'continuous support from a parent' conditions (see 5.5.9.2).
Students are not normally eligible for SHR if they are living in accommodation owned or rented by their parents. However, where a student whose parents are in prison or a medical institution takes over all financial responsibility for the family home (including mortgage payments, rates, electricity bills etc), s/he may be eligible for SHR. In such cases, the CSO will need to be satisfied that the parent(s) is/are not contributing to the upkeep or maintenance of the house, nor to the student's support, for example, following receipt of an insurance settlement for injuries which led to the parent’s incapacitation.
Where the student is accepted as being the de facto owner of the family home, s/he will cease to be eligible under this criterion if either or both of the parents return to live in the house after being released from prison or discharged from a medical institution.
CSOs should ensure that students who qualify under this provision are reviewed regularly to ensure that the conditions are still being met.
Note: Students who might otherwise qualify under this provision may already be clients of a State/Territory welfare authority and may be assessed quickly under the provisions for Students in State Care (see 5.4).
Evidence of a parent's residence in prison, medical institution, etc must be provided by the relevant State/Territory government department or, in the case of private rehabilitation, by the centre's administrator. Evidence of support arrangements must also be obtained.
Students are not eligible for SHR solely on the basis that their parent(s) is/are living overseas. In particular, students are not eligible for SHR where parents choose to return overseas during the critical period of SHR eligibility (ie. ages 15 to 24), leaving the student to live with relatives or friends. In such cases, the student must be assessed under normal dependent rate criteria.
Claims that the student has been abandoned by parents who have returned overseas should be checked to see if Family Payments are being made in respect of the student.
Although a student may be faced by one or more traumatic home situations, SHR is not payable if s/he is receiving certain forms of support.
Students are not eligible if they are receiving continuous support from a parent. ‘Parent’ refers to the student’s natural or adoptive parents.
‘Continuous’ is not tied to any specific period of time, nor to a specified amount or type of support. Continuous support must have a regularity or stability which enables the student to have a reasonable expectation that it will be received. Consideration should be given to the nature and intention of the support, that is, whether it is continuous rather than emergency in nature and intent, and whether it shows on-going concern for the student.
These include:
Note: However, a particular payment could have been made prior to the reasons for claiming SHR becoming apparent. In this case, the payment need not, in itself, preclude eligibility;
Support is not confined to monetary payments. It can take the form of goods or services, eg food, meals, laundry, use of a family car, or beneficial arrangements, eg part-time employment in a family or associated company.
SHR is not payable if the student is supported indirectly by a parent. This includes where parents arrange for assistance to be provided through a third party or organisation. Examples of such support could include:
Students who are at boarding school at the time of applying for SHR will not normally be eligible for SHR. This is regardless of which person or organisation is paying or subsidising the fees, as the student must be regarded as currently receiving support (including accommodation and care) on a regular or long term basis.
However, where there is evidence that the student has been placed in the boarding school as an emergency measure to remove him/her from harmful home circumstances and fees have been waived or subsidised by the school on an emergency basis, SHR may be applicable.
Note: Possible alternative of assisting students under the Assistance for Isolated Children (AIC) Scheme or ABSTUDY on grounds of emotional/behavioural problems requiring boarding school supervision should be looked at.
Subject to 5.5.9.8 on the next page, students will not be eligible for SHR if their parents wish to support them and pay money directly to them, or their carers, or into their bank accounts. This is the case even if the student refuses to accept the money.
A student will not normally be eligible for SHR where the parents are prepared to support the student away from home, eg at boarding school or with friends, and have taken steps to confirm these arrangements at the time the SHR claim is lodged.
Students may be eligible for SHR if support from a parent or another person is:
In some cases, a Court may order parents to pay maintenance direct to the student (eg under the Family Law Act). Such payments constitute "continuous support" and will normally preclude eligibility. However, as a parent may not comply with such an order, a student should not be ruled ineligible for SHR simply because a maintenance order has been made. Instead, the CSO must be satisfied that the payments are actually being made.
Where Court-ordered payments are being made regularly but do not amount to more than $50 a week, they may be counted as personal income and need not in themselves, preclude eligibility for SHR.
Note: This concession applies only to Court-ordered maintenance.
SHR is not applicable where the parents own or rent accommodation (including holiday houses, caravans, etc) in which the student is living. If the student is paying:
For the same reasons, SHR is also not applicable where a student is living on the same property as a parent, whether or not there are separate rental agreements, eg a caravan in the back yard or an adjacent flat.
SHR is not payable if the student is wholly or substantially dependent on another person, including a de facto partner (see 5.5.9.13 on next page), or organisation, on a long term basis.
The student need not be dependent solely in a financial sense, for example, s/he may contribute towards her/his upkeep from dependent rate of ABSTUDY, FaCS benefits or part-time employment. Nonetheless, in the overall context of the relationship, the student may be considered to be substantially dependent on the other person or organisation for, eg accommodation and care.
Care must be taken, however, to ensure that students are not denied SHR when the support is being provided genuinely on an emergency or ‘good Samaritan’ basis (see 5.5.9.12 example (a) below).
SHR is not payable if a student is dependent on another person or organisation on a long-term basis.
‘Long-term’ is not necessarily tied to any particular length of time. The nature and intention of the arrangement and relationship need to be taken into account. For example:
In the latter case, if the student is under 18 years and/or there are siblings aged under 16 years living in the same household, enquiries should be made about guardianship, and Family Payment directions.
A student who is living with a de facto partner is not necessarily ineligible for SHR. There should be no presumption that the student is being wholly or substantially supported by the partner. The only automatic exclusion from SHR of a partnered student is where an allowance in respect of the student has been granted because the student’s partner is receiving a FaCS benefit.
The length of the relationship does not necessarily indicate that the student is being wholly or substantially supported by the partner. Very often the partner of the student is also a young person and in similar economic circumstances. The nature of support given to the student by the partner should be tested in the same way as support given by any other person (other than the parent).
If it is decided that the student is ‘wholly or substantially dependent’ on the partner, then the length of the de facto relationship may be further relevant in determining whether that dependency is on a ‘long term’ basis (see 5.5.9.12).
Where the student is ‘wholly or substantially dependent’ on the partner, s/he is not eligible for SHR. In these cases the student may be subject to the parental income test if not eligible for independent status due to being in a de facto relationship (see 5.3.4.8).
Where students are considered ineligible for SHR on the grounds of long-term support from another person (including a de facto partner), there is currently no option but to assess them for ABSTUDY against parental income, unless they are eligible for independent status due to being in a de facto relationship (see Policy Manual - 5.3.4.8). If such students are genuinely unable to obtain the necessary details from their parents and the Centrelink is unable to determine whether special assessment may apply, the case should be referred to the Operational Policy Support Unit.
Where a person, including a relative, commenced caring for the student in an emergency capacity or on a short-term basis (without assuming full financial and/or custodial responsibilities), and the relationship has continued for longer than expected (eg because no alternative could be found, or out of kindness of the carer), the student should not be precluded from being granted SHR.
Note: In such cases, the CSO will need to be satisfied that the care arrangement commenced and is continuing because few or no other options were available. Arrangements which appear to be of the family’s choosing (eg parents living overseas, or interstate and no extreme family conflict or breakdown is evident) will not qualify as ‘emergency’ in nature.
This is not withstanding that Family Payments, additional pension or benefit or Parenting Allowance may have been claimed or received for the student prior to her/his claim for SHR. The relevant Centrelink Customer Service Centre should be advised if SHR is granted so that these payments are ceased.
Continuing income support received by the student from a Commonwealth Department or an instrumentality of a State or Territory Government will preclude eligibility for SHR. Income support is defined as payments received directly or indirectly by the student which are intended to meet, or to assist in meeting, his or her general living costs regardless of whether they are adequate for this purpose. Such payments can be considered to be continuing where they are received on a regular basis and the student has a reasonable expectation that they will be available for a reasonable period of time.
Commonwealth payments which will preclude eligibility for SHR include:
Where it appears that a student has received or may have been receiving welfare or student assistance payments such as those listed above, a check with the relevant Department should be made to ensure that there is no continuing payment after the commencement of SHR. (‘Double-dipping’ of Commonwealth benefits is routinely checked by Benefits Control. To avoid overpayments, CSOs should, however, initiate such checks prior to granting ABSTUDY where it is suspected that other benefits are being paid).
The following support will not preclude eligibility for SHR:
Note: Such payments preclude eligibility for ABSTUDY rent assistance.
Note: A death benefit or superannuation payment or annuity to which a parent was entitled as a government employee, and which is paid direct to the student (and not to the surviving parent if there is one) following the parent's death, is not government assistance and will not preclude eligibility for SHR. (However, any income generated from a lump sum inheritance may be taken into account under the student income test.)
All documentation provided with the ABSTUDY SHR Additional Information Form is subject to normal privacy and confidentiality requirements. Given the sensitive and personal nature of SHR, it is critical that these obligations are carefully observed.
All SHR files and materials should be kept in a secure place with access limited to a strict need-to-know basis.
As a rule, no details relating to SHR should be divulged to another person (including a parent) without the student's written permission. This includes information about whether a student has applied for or been granted SHR, however see 5.5.10.4.
The appropriate Centrelink Additional Information Form asks the student to indicate if authorisation is given to the release or exchange of information relevant to determination of SHR eligibility. Permission is specifically sought to release or exchange information with a relevant government agency and to contact parents. Check the student's claim form to ensure authorisation has been given. If it has not, the SHR CSO or social worker must follow the procedures set out in 5.5.7.2 and 5.5.7.5.
The Student Assistance Act 1973 allows for the release of student information in certain circumstances. The most relevant of these to SHR are that information may be released:
Note: There are severe penalties for staff who make unauthorised releases.
For further advice on the release of information under the Student Assistance Act 1973 contact your local Privacy Officer or National Support Office.
All reasonable steps must be taken to ensure that students and other information-givers are aware of any limitations on confidentiality. Social workers and SHR CSOs should not make promises of absolute confidentiality.
The following information may be given to information-givers who are concerned about limits on confidentiality:
These arrangements are not intended to discourage people from giving information, but only to safeguard that, in fairness, Government decisions are not based on ‘secret off the record’ factors. People who give information must be made aware of these arrangements.
Under the Freedom of Information Act (FOI), applicants can ask to see material directly related to their case. Other persons (including parents) seeking access to information about the case may also lodge a request under FOI, however, FOI will not normally allow release of information to a ‘third party’ - that is, a parent cannot normally get information about the student through FOI.
Some States/Territories have statutory laws requiring actual or suspected incidents of child abuse (sexual or other) to be reported to a nominated authority. The SHR CSO and social worker should ensure they are familiar with any mandatory reporting requirements relevant to their State or Territory. If the student is within the statutory reporting age and has not reported the abuse elsewhere, the case must be referred immediately to the SHR CSO and the Centrelink social worker.
Social workers who are contracted by Centrelink as consultants are subject to mandatory State/Territory reporting laws. The social worker should discuss the case further with the student before taking any necessary action.
Temporary and permanent employees under the Commonwealth Public Service Act are not legally bound to comply with State reporting laws. However, if the SHR CSO is satisfied that the case has substance and meets the State reporting criteria, a brief report should be forwarded to the appropriate State or Territory authority.
Centrelink meets any extra cost incurred by the social worker in preparing a separate report for mandatory reporting requirements for State/Territory authorities.
On receipt of a request for consideration, the SHR CSO must:
Note: If the student has already been interviewed by the social worker prior to the original decision being made, the student must be interviewed again to discuss the request for consideration and to ascertain if any new information should be taken into account.
The social worker will also need to write a priority report.
A more senior officer than the SHR CSO who made the original decision is responsible for ensuring that the following issues have been fully investigated prior to reviewing the decision:
It is imperative that all the above issues are well documented and investigated prior to the decision being made.
The senior officer will review the decision as soon as the social worker provides a recommendation.
The student will be informed in writing and the letter should provide clear, concise reasons for the decision.
See 1.6.2 for information about the appeals process.
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