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You are here: ABSTUDY > 5
Student Status > 5.4 Students in State Care
This chapter covers details of the criteria required for a student in State care.
Students in State care are eligible for:
Students are considered to be in State care if they have been placed in substitute care through a State or Territory Department of Welfare or through legal process.
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 15 |
|
TAS |
16th birthday |
|
NT |
15th birthday |
|
ACT |
15th birthday |
Students may be exempt from the ABSTUDY parental income test if they have been directed or authorised by a Court or government authority to live away from their natural or adoptive parents in substitute or foster care.
These students are paid Living Allowance at either the standard rate or the away rate depending on whether the carer receives a regular foster care allowance for the student’s upkeep. Fifteen year old students are paid at the 16-17 year rate. (Students fourteen years old and under receive, School Term Allowance and School Fee Allowance).
Students qualify under this provision if:
Note: Usually the authority would have accepted certain custodial and/or financial responsibilities for the child.
Students are not normally eligible for this concession, if they:
Note: These students may, however, meet the ‘homeless’ provisions (see 5.5).
If the care order ceases only because the student reaches an age nominated by the authority (usually, but not always, this will be 18 years), and the student does not return to live with either natural or adoptive parents, the student may:
The parental means test will apply if the care order/authorisation ceases because students were placed in care:
Students are eligible for the parental income concession only while they do not live with either or both of their natural or adoptive parents.
They are not normally eligible if they visit a parent’s home regularly (eg at weekends, during the school holidays). In these cases, students are subject to the parental income test.
However, eligibility will probably not be affected if an occasional home visit is arranged or encouraged by the welfare authority for reconciliation purposes.
Students who are currently living in State care must provide a statement from the relevant government agency:
Note: Where a State/Territory Welfare Department contracts out to a private provider to coordinate placement of a student in care, the letter authorising the placement must be signed by an officer of the appropriate State/Territory authority.
Apart from relevant payment details, students applying for the parental income concession do not need to give any other parent/guardian details.
A student who is, or has been, living under an officially approved substitute care arrangement and has reached the minimum school leaving age for that State/Territory is entitled to receive Living Allowance at the rates specified below.
The maximum standard rate of Living Allowance, free of parental income test, may be paid if the carer receives from a government authority or other organisation:
However, where the authority pays the carer directly to compensate for extra costs involved in caring for the student, eg setting up a bedroom or repairing damage done by the student, the away from home rate may be paid.
Note: Commonwealth Government payments for dependent children in general (eg Family Payments) and payments made by any government authority or other organisation towards the upkeep of a residential care facility (eg payments to help with general running costs of the institution) do not stop students getting the standard rate.
The maximum away from home rate of Living Allowance, free of parental income test, may be paid if the carer does not receive from a government authority or other organisation:
Note: Commonwealth Government payments for dependent children in general (eg Family Payments) and payments made by any government authority or other organisation towards the upkeep of a residential care facility (eg payments to help with general running costs of the institution) do not stop students getting the away rate.
The independent (homeless) rate of Living Allowance may be paid if the student has reached the minimum school leaving age (see 5.4.1.3), has left the carer’s home to live in a government funded or subsidised refuge or residential care facility and the State/Territory Welfare Department has not accepted ongoing responsibility for the student.
Commonwealth government payments for dependent children in general (eg Family Tax Benefits) and payments made by any government authority or other organisation towards the upkeep of a residential care facility (for example, payments to help with general running costs of the institution), do not affect the students eligibility.
Students eligible for the away from home or independent rates may be eligible for Rent Assistance, Remote Area Allowance and Pharmaceutical Allowance, if they don’t live with their carer, or their natural or adoptive parents while studying and they are in private rental accommodation (see 7.12, 7-13 and 7-14).
In general, students who qualify for ABSTUDY under this provision receive their allowances direct. The carer does not receive payments on the student’s behalf.
However, the authority may request that payment be made direct to the care giver or a person nominated by the student, if:
In these cases, the request should be included in the documentation from the welfare department. Payment directions (ie name and bank account) must be included in the relevant section of the ABSTUDY claim form.
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