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You are here: ABSTUDY > 3 Eligibility and Awards > 3.1 Eligibility

3.1 Eligibility

• 3.1.1 General Eligibility Criteria
  • 3.1.1.1 General Eligibility Criteria
  • 3.1.1.2 Definition of Aboriginality or Torres Strait Islander
  • 3.1.1.3 Approved Study
  • 3.1.1.4 Other Financial Assistance
• 3.1.2 Aboriginality or Torres Strait Islander Eligibility
  • 3.1.2.1 Establishing Aboriginality or Torres Strait Islander Status
    • 3.1.2.1.1 Declaration of Aboriginality or Torres Strait Islander Status
    • 3.1.2.1.2 Who Decides on Aboriginality or Torres Strait Islander Status?
  • 3.1.2.2 Querying Aboriginality or Torres Strait Islander Status
    • 3.1.2.2.1 When to Initiate a Query
    • 3.1.2.2.2 Preliminary Investigation
  • 3.1.2.3 Aboriginality or Torres Strait Islander Evidence Requirements
    • 3.1.2.3.1 Evidence of Aboriginality or Torres Strait Islander Status
    • 3.1.2.3.2 Acceptable Evidence
  • 3.1.2.4 Investigating Aboriginality or Torres Strait Islander Status
    • 3.1.2.4.1 Investigation Process
    • 3.1.2.4.2 Initial Advice Letter
    • 3.1.2.4.3 Continuation of Benefits
    • 3.1.2.4.4 Applicant’s Intended Course of Action
    • 3.1.2.4.5 Review of Query Cases
    • 3.1.2.4.6 Aboriginality or Torres Strait Islander Status is Established
    • 3.1.2.4.7 If Aboriginality or Torres Strait Islander Status is not Established
• 3.1.3 Introduction to Approved Study
• 3.1.4 Other Financial Assistance
  • 3.1.4.1 Other Commonwealth Student Assistance Schemes
    • 3.1.4.1.1 Commonwealth Schemes
    • 3.1.4.1.2 Ineligibility
  • 3.1.4.2 Other Government Assistance to Study
    • 3.1.4.2.1 Introduction
    • 3.1.4.2.2 Duplicate or Similar Benefits
    • 3.1.4.2.3 Access Programmes
    • 3.1.4.2.4 Students who are Full-time Apprentices or Trainees
    • 3.1.4.2.5 Benefits not Duplicated
    • 3.1.4.2.6 Date of Ineligibility for ABSTUDY
    • 3.1.4.2.7 Date of Commencement of Other Government Assistance
  • 3.1.4.3 Other Income Support Schemes
    • 3.1.4.3.1 Eligibility for Other Government Income Support
    • 3.1.4.3.2 Cease to be Eligible for Other Income
    • 3.1.4.3.3 Pensioner Education Supplement

Introduction

This chapter covers the criteria required for a student to be eligible for ABSTUDY assistance.

3.1.1 General Eligibility Criteria

3.1.1.1 General Eligibility Criteria

The general ABSTUDY eligibility criteria are:

• the student is an Australian citizen;
• the student is an Australian Aboriginal or Torres Strait Islander person;
• the student is enrolled in an approved course; and
• the student is not receiving or will not receive any other government assistance to study.

Note: Enrolment must be for the current academic year.

Different to YA: No residency requirements.

3.1.1.2 Definition of Aboriginality or Torres Strait Islander

To be eligible for ABSTUDY assistance a student must be an Australian Aboriginal or Torres Strait Islander person in accordance with the ABSTUDY definition which requires that the student:

• be of Aboriginal or Torres Strait Islander descent; and
• identify as an Aboriginal or Torres Strait Islander, and
• be accepted as an Aboriginal or Torres Strait Islander person in the community in which s/he lives or did live.
• the student is an Australian citizen.

3.1.1.3 Approved Study

A student must be studying:

• at an approved education institution, and
• in an approved course.

Note: For all awards other than Part-time Awards, students in Lawful Custody Awards and Testing and Assessment Awards, the approved course must also be taken on a full-time basis, although there are workload concessions for certain groups of students (see Policy Manual - 4.4.2).

3.1.1.4 Other Financial Assistance

Except for some pensioners, students are not eligible for ABSTUDY assistance if they receive other government assistance for education, training or study, whether paid directly to the student or as a wage subsidy to an employer (see 3.1.4). If, however, a student receives income support to undertake full-time study in the nature of a wage, salary or Living Allowance from a non-government employer during the period of study, the financial support received is treated as income for income testing purposes (see 6.1.1).

3.1.2 Aboriginality or Torres Strait Islander Eligibility

To be considered as eligible for ABSTUDY assistance, applicants must first establish Aboriginality or Torres Strait Islander status.

This topic covers the establishment of Aboriginality or Torres Strait Islander status and what to do if Aboriginality or Torres Strait Islander status is queried.

3.1.2.1 Establishing Aboriginality or Torres Strait Islander Status

3.1.2.1.1 Declaration of Aboriginality or Torres Strait Islander Status

The Declaration on the claim form will normally be sufficient to assess a student as an Australian Aboriginal or Torres Strait Islander person.

3.1.2.1.2 Who Decides on Aboriginality or Torres Strait Islander Status?

Where a student's Aboriginality or Torres Strait Islander status is challenged or questioned, such cases are to be referred to the Centrelink ABSTUDY Manager who is to make all decisions regarding Aboriginality or Torres Strait Islander query cases or potential cases.

Where the Manager is not an Aboriginal or Torres Strait Islander person, these decisions are to be made in conjunction with an available senior Aboriginal or Torres Strait Islander staff member.

Note: Advice in these matters may also be taken, as appropriate, from Centrelink staff or from other government departments, agencies or authorities who may have relevant local community knowledge.

3.1.2.2 Querying Aboriginality or Torres Strait Islander Status

3.1.2.2.1 When to Initiate a Query

A Centrelink ABSTUDY Manager may initiate an Aboriginality or Torres Strait Islander status query if:

• an anonymous or identified person writes to Centrelink claiming that there is doubt about a student's Aboriginality or Torres Strait Islander status and indicating why one or all of the three criteria of the ABSTUDY definition of Aboriginality or Torres Strait Islander have not been met; or
• as a result of information or substantial suspicion from an anonymous or identified person or another source, the Centrelink ABSTUDY Manager determines that preliminary investigation is warranted and the result of that preliminary investigation confirms that there is a doubt about the student’s eligibility claim.

3.1.2.2.2 Preliminary Investigation

Where possible, attempts should be made to establish a student’s Aboriginality or Torres Strait Islander status through informal channels. A preliminary inquiry could take the form of:

• liaison with staff from other government departments, agencies or authorities;
• contact with local community groups;
• a check with the student's education institution, particularly with an:
  • ASSPA Committee - for schools, or
  • Indigenous Student Centre - for tertiary education institutions; or
• investigation by Compliance Unit staff.

Where a Centrelink ABSTUDY Manager determines that an Aboriginality or Torres Strait Islander query should be investigated further, the process outlined in 3.1.2.4 is to be followed.

3.1.2.3 Aboriginality or Torres Strait Islander Evidence Requirements

3.1.2.3.1 Evidence of Aboriginality or Torres Strait Islander Status

Where uncertainty exists as to the Aboriginality or Torres Strait Islander status of the student, evidence will be required to establish that s/he is an Australian Aboriginal or Torres Strait Islander person in accordance with all three parts of the ABSTUDY definition (see 3.1.1.2).

Note: The onus is on the applicant to establish Aboriginality or Torres Strait Islander.

3.1.2.3.2 Acceptable Evidence

The following documentation is acceptable as evidence in accordance with this definition:

Aboriginal or Torres Strait Islander descent
Birth records or genealogies verified by a suitable authority as relevant to the student.

Note: Where records are not available, a letter signed by the Chairperson of an Aboriginal or Torres Strait Islander incorporated organisation may be accepted.

Identification as an Aboriginal or Torres Strait Islander person
An affirmation should be signed by the student, declaring that s/he identifies as an Australian Aboriginal or Torres Strait Islander person.

Acceptance as an Aboriginal or Torres Strait Islander person
Confirmation in writing with the Corporate Seal from the Chairperson of the Aboriginal or Torres Strait Islander incorporated organisation in a community in which the student lives or has previously lived.

3.1.2.4 Investigating Aboriginality or Torres Strait Islander Status

3.1.2.4.1 Investigation Process

Once the Centrelink ABSTUDY Manager is satisfied that there are grounds for doubting a student’s Aboriginality or Torres Strait Islander status, the action summarised in the table below must be followed.

Note: These stages are described below.

3.1.2.4.2 Initial Advice Letter

A letter must be sent by registered mail to the applicant advising that:

• the student’s Aboriginality or Torres Strait Islander has been queried;
• the applicant should contact the Centrelink ABSTUDY Manager within four weeks of the date of receiving the letter to indicate whether the query is to be contested and evidence of Aboriginality or Torres Strait Islander supplied;
• if the query is to be contested, the applicant must provide acceptable evidence (see 3.1.2.3.2) to prove the student's Aboriginality or Torres Strait Islander within one month of the date of receiving the letter; and
• failure to respond to this letter or provide evidence will result in loss of ABSTUDY assistance.

3.1.2.4.3 Continuation of Benefits

The table below explains what to do about the applicant’s benefits depending on the circumstances.

3.1.2.4.4 Applicant’s Intended Course of Action

The table below explains the actions to be taken based on the applicant’s course of action.

Note: If, in the opinion of the Centrelink ABSTUDY Manager, there are circumstances such as remoteness of community which require an extension of time or direct contact with the applicant, the Centrelink Manager may grant a reasonable extension of time or direct contact may be made with the applicant so that a fair and reasonable assessment can be made.

3.1.2.4.5 Review of Query Cases

Outstanding Aboriginality or Torres Strait Islander query cases are to be reviewed within two months of the date of the initial advice by the Centrelink ABSTUDY Manager. The review must determine whether:

• acceptable evidence has been provided and therefore Aboriginality or Torres Strait Islander can be established;
• acceptable evidence has not or cannot be provided and Aboriginality or Torres Strait Islander cannot be established; or
• an extension of up to one month is required for the applicant to obtain the acceptable evidence.

3.1.2.4.6 Aboriginality or Torres Strait Islander Status is Established

If, at the conclusion of the review, a student's Aboriginality or Torres Strait Islander status is established:

• eligibility is confirmed and benefits continue uninterrupted, or benefits begin and back-payment is made; and
• the applicant is advised in writing of the decision and of the effect on entitlements.

3.1.2.4.7 If Aboriginality or Torres Strait Islander Status is not Established

If, at the conclusion of the review, a student's Aboriginality or Torres Strait Islander status is not established:

• eligibility is revoked;
• payments are suspended if they have been made;
• an overpayment is raised, if required;
• the applicant is advised in writing of
  • the decision and the reason for the decision,
  • the effect on entitlement, including overpayment result, and
  • reconsideration provisions; and
• eligibility under AIC, YA or Austudy payment should be examined and, if appropriate, relevant information be relayed to the applicant.

Note: Refer to 2.1 Penalty, concerning false or misleading information.

3.1.3 Introduction to Approved Study

To be eligible for ABSTUDY assistance an applicant must be enrolled in, and undertaking, an approved course (see 4.1.1) at an approved education institution (see 4.2.1 for Schooling and 4.3.1 for Tertiary).

Study Requirements

Part 4 of these Guidelines covers in detail the study requirements for ABSTUDY eligibility.

3.1.4 Other Financial Assistance

In general, students will not be eligible for ABSTUDY allowances if they are receiving financial assistance from another government department or authority, such as:

other Commonwealth student assistance schemes, or

Commonwealth or State/Territory government study assistance through training schemes, scholarships, bursaries, cadetships and similar assistance.

There are, however, some exceptions, such as students receiving pensions or non-employees receiving government funded scholarships. This topic covers the eligibility or ineligibility of students in receipt of one or more of these other sources of government financial assistance.

Applicants are to be assisted with advice on ABSTUDY benefits to allow a well informed choice of which scheme is most appropriate for the student.

3.1.4.1 Other Commonwealth Student Assistance Schemes

3.1.4.1.1 Commonwealth Schemes

There are several Commonwealth Government schemes that provide financial assistance for students who study approved courses.

3.1.4.1.2 Ineligibility

DIFFERENT TO YA/AUSTUDY PAYMENT

Students are generally ineligible for ABSTUDY assistance if they receive another form of Commonwealth Government assistance to study, such as:

• YA;
• Austudy payment;
• Assistance for Isolated Children (AIC);
• Veterans' Children Education Scheme (VCES);
• Apprenticeships/Traineeships that are full time (excluding NAAP participants see Policy Manual 3.1.4.2.3); and
• Community Development Employment Projects (CDEP) for study or training.

One exception relates to students receiving YA who may be eligible for ABSTUDY part-time entitlements (see 3.1.4.2.6).

3.1.4.2 Other Government Assistance to Study

3.1.4.2.1 Introduction

Several Commonwealth and State/Territory government schemes provide financial assistance for people to train, including assistance for formal study related to the training.

3.1.4.2.2 Duplicate or Similar Benefits

Persons who are receiving training assistance for formal study or are assisted through a Commonwealth or State/Territory government wage subsidy to an employer, are ineligible for ABSTUDY. This includes training schemes, scholarships, bursaries, cadetships and any similar assistance.

Note: Students may receive assistance through either ABSTUDY or the training programme, but not both.

Full-time apprentices and trainees are not eligible for ABSTUDY assistance (see 3.1.4.2.4).  This does not apply to students in receipts of Aboriginal School Based Traineeships (ASBTs).  (For further details see 4.2.2.1.4)

3.1.4.2.3 Access Programmes

Full-time New Apprenticeships Access Programme participants are not excluded from ABSTUDY assistance, however, they are not eligible for Incidentals Allowance as participants are not required to meet any course fees or charges (see 4.1.3).

3.1.4.2.4 Students who are Full-time Apprentices or Trainees

A student cannot get ABSTUDY if s/he is:

Employed as an apprentice or trainee under a training agreement, regardless of whether or not the agreement is under the former award-based system or under the new apprenticeship arrangements; and

Engaged in the apprenticeship or traineeship on a full-time basis, ie her/his hours of employment, including the training component, are not less than the usual hours of employment for a full-time apprenticeship or trainee in the industry or occupation involved.

3.1.4.2.5 Benefits not Duplicated

ABSTUDY may be payable where the student is undertaking additional studies not related to the course for which the student is receiving other government assistance to study.  That is if the studies are in a field unrelated to the field of the traineeship and are being pursued in addition to the studies required under the traineeship.

3.1.4.2.6 Date of Ineligibility for ABSTUDY

DIFFERENT TO YA/AUSTUDY PAYMENT

Students receiving study assistance from Commonwealth or State/Territory governments are ineligible for ABSTUDY assistance, including Fares Allowance, from the date the assistance commences or an agreement is signed whichever is the earlier.

Scholarships
There are exceptions to this rule for some scholarships. Students holding State/Territory government scholarships can receive ABSTUDY provided they are not an employee of the government agency awarding the scholarship. This does not include periods for which the student is an employee for the purposes of work experience. The value of the scholarship will, however, be counted as income when assessing the student’s living allowance entitlement. Tuition fees and HECS paid on a student’s behalf direct to an education provider are not counted as income. If they are paid direct to the student however, they are counted as income.  

Note 1:  Whilst the receipt of the scholarship will not preclude the scholarship holder from receiving some ABSTUDY benefits, all scholarship funds received by the scholarship holder will be considered as income for ABSTUDY purposes.  This includes the Neville Bonner Scholarship, the Rural Australia Medical Undergraduate Scholarship, the Rotary Foundation Ambassadorial Scholarship and the Long Tan Bursary.
Note 2: This does not apply to secondary student awarded an approved independent boarding school scholarship (see 4.2.1.1) as outlined at 5.2.3.12.1.

CDEP
There is also an exception for students receiving Community Development Employment Project (CDEP) assistance for employment.  Students may receive ABSTUDY Living Allowance and supplementary benefits whilst receiving CDEP if the CDEP payment is not for education and training. Full time independent students in receipt of a CDEP wage for employment are income assessed for ABSTUDY eligibility.

Part-time award
Students may be eligible for ABSTUDY part-time entitlements if they are studying part-time and receiving a Family and Community Services (FaCS) income support payment such as YA or Newstart Allowance.

3.1.4.2.7 Date of Commencement of Other Government Assistance

The assistance should be taken as commencing at the point at which the student begins study under the programme or the date an agreement is signed, whichever is the earlier. For School Based Traineeships/Apprenticeships see Policy Manual 4.2.2.1.4.

3.1.4.3 Other Income Support Schemes

3.1.4.3.1 Eligibility for Other Government Income Support

A student who is receiving assistance under Commonwealth Government income support such as a social security pension or allowance may meet the eligibility criteria for some ABSTUDY assistance. The student may not, however, receive ABSTUDY living allowance and income support from another government source concurrently.

3.1.4.3.2 Cease to be Eligible for Other Income

A person who commences full-time study ceases to qualify for a FaCS income support benefit because s/he has become unavailable for full-time employment. S/he may, however, be eligible for ABSTUDY living allowance from the day on which study commences.

See 7.3.5.6 to 7.3.5.12 for information about when ABSTUDY commences for clients transferring from a FaCS income support benefit or allowance.

Such persons are obliged to inform the paying Centrelink Customer Service Centre that they have commenced full-time study.

Recipients of a FaCS benefit who are studying part-time may be eligible for the ABSTUDY Part-time Award.

3.1.4.3.3 Pensioner Education Supplement

Pensioners studying full-time may retain their pension but are not entitled to ABSTUDY living allowance. They may, however, qualify for a Pensioner Education Supplement (see 7.6).

Some part-time pensioner students may also be eligible for the Pensioner Education Supplement if the workload concession applies (see 4.4.2.4).

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