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You are here: ABSTUDY > 5 Student Status > 5.7 Students in Lawful Custody

5.7 Students in Lawful Custody

• 5.7.1 Definition of Lawful Custody
  • 5.7.1.1 Definition
  • 5.7.1.2 Not in Lawful Custody
  • 5.7.1.3 Availability of ABSTUDY Assistance
• 5.7.2 Change of Status
  • 5.7.2.1 Study Ceases on Commencement of Period of Lawful Custody
  • 5.7.2.2 Continues With Approved Study in Custody
  • 5.7.2.3 Continue Study After Custody

Introduction

This chapter covers details of the criteria required for a student to qualify for benefits as a student in lawful custody.

5.7.1 Definition of Lawful Custody

5.7.1.1 Definition

Lawful custody is a period of more than two weeks of:

• imprisonment in a correctional institution;
• detention on remand, eg while awaiting trial; or
• detention in a youth training centre because of a criminal conviction.

5.7.1.2 Not in Lawful Custody

A person on parole, home detention program or work release or transfer release while living in the community is not regarded as being in lawful custody and has entitlement under the general ABSTUDY Awards.

5.7.1.3 Availability of ABSTUDY Assistance

ABSTUDY assistance is available for a student in lawful custody where either:

• the general eligibility criteria set out in Policy Manual - 3.1.1 are met; or
• for non-accredited courses:
  • the student is Aboriginal or Torres Strait Islander (see Policy Manual - 3.1.1.2),
• the delegate is satisfied that the proposed course of study cannot be provided through educational programs operated by the correctional institution in which the student is detained, and
• the correctional institution authorities agree to the student receiving the assistance.

See Policy Manual 7.5.2.3 – Essential Course Costs.

5.7.2 Change of Status

5.7.2.1 Study Ceases on Commencement of Period of Lawful Custody

If a student received ABSTUDY benefits prior to discontinuing study on being admitted to lawful custody, eligibility for these entitlements ceases from the last day of attendance at classes.

5.7.2.2 Continues With Approved Study in Custody

If the student continues with her/his approved course while in lawful custody, her/his change of circumstances should be recorded on a change of circumstances form.

Entitlements under the Students in Lawful Custody Award may be paid in accordance with the entitlement and payment procedure for that semester, provided that another entitlement for the same purpose has not already been paid for that semester.

5.7.2.3 Continue Study After Custody

For Lawful Custody Allowance, a continuing student is one who was studying an approved course before imprisonment, continues the same study in jail, and then continues the same course when released from prison. In this circumstance, the student need only fill in a Change of Circumstance Form on release to begin receiving normal ABSTUDY entitlements if all other ABSTUDY criteria are met, however, deductions should be made for any benefit, besides course costs, already paid for while in custody that semester. 

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This page was last updated on Saturday, 23 April 2005
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