Administration of ABSTUDY: Chapter 2 - Customer Obligations - Change in Circumstances

Under Section 48 of the Student Assistance ACT 1973, ABSTUDY Payees must advise Centrelink within fourteen days of the occurrence of any "prescribed event" as listed in Regulation 6 and Schedule 1 of the Student Assistance Regulations 2003 (detailed below).  An occurrence of a "prescribed event" is sometimes referred to as a "change in circumstances".

(1) For Section 48 of the Student Assistance Act, each of the following is a prescribed event in relation to a person who is receiving, or entitled to receive, an amount under the ABSTUDY Scheme:

Part 1 ABSTUDY Payee:
101     does not enrol in the course to which the amount relates by the end of the enrolment period, or
102     does not begin the course within the first 3 weeks of the first day it is offered, or
103     cancels his or her enrolment in the course to which the amount relates, or
104     has his or her enrolment cancelled by the education institution, or
105     discontinues the course to which the amount relates, or
106     discontinues full-time study in the course to which the amount relates, or
107     reduces his or her approved 25%, or two-thirds, concessional study-load under the ABSTUDY Scheme, or
108     begins to receive a benefit for education or vocational training from the Commonwealth or a Commonwealth authority, or a State or Territory Department or authority, or
109     begins to receive a pension or payment under the Veterans' Entitlement Act 1986, or
110     becomes an Australian Apprentice or ceases to be an Australian Apprentice, or
111     ceases to receive an ABSTUDY Pensioner Education Supplement qualifying payment under the ABSTUDY Scheme, or
112     ceases to qualify for an independent or away from home living allowance under the ABSTUDY Scheme, or
113     stops living permanently with his or her partner, or
114     is taken into lawful custody, or
115     changes the address of his or her place of residence or permanent home, or
116     earns an amount of income that is not the same amount as the last estimate of income given to Centrelink, or
117     becomes aware that his or her assets have increased in value beyond the maximum value under the ABSTUDY Scheme, or
118     becomes aware of circumstances that may affect his or her entitlement to rent assistance,
           A person:
           (a) becomes the ABSTUDY payee’s partner; or
           (b) ceases to be the ABSTUDY payee’s partner.
118A   The ABSTUDY payee:
           (a)  changes address; or
           (b)  starts to share his or her accommodation with another person; or
           (c)  ceases to share his or her accommodation with another person; or
           (d)  moves to government housing for which he or she pays rent.
119     ceases to be an Australian citizen, or
120     ceases to be recognised as an Australian Aboriginal or Torres Strait Islander following an investigation of his or her Aboriginality or Torres Strait Islander status, or
121     A person becomes the ABSTUDY payee’s parent, partner or spouse, or
122     A person ceases to be the ABSTUDY payee’s parent, partner or spouse.
123     The ABSTUDY payee becomes aware of circumstances that may affect his or her entitlement to remote area allowance:
124     The ABSTUDY payee:
           (a)  will be, or likely to be, absent from his or her permanent home, in relation to which remote area allowance is paid, for more than 8 weeks; but
           (b)  will remain in Australia.
125     The ABSTUDY payee intends to be overseas for any period; or
126     The ABSTUDY payee relocates his or her permanent home; or
127     The ABSTUDY payee partner dies; or
128     The ABSTUDY payee dependent child dies; or
129     The ABSTUDY payee dependent child is, or intends to be, overseas; or
130     The ABSTUDY payee permanently separates from his or her partner; or
131     The ABSTUDY payee ceases work with his or her employer, either temporarily or permanently; or
132     The ABSTUDY payee starts to receive, or is receiving, a payment:
           (a)   in relation to a compensation-related claim; or
           (b)   from an amount of money paid in relation to a compensation-related claim.
133     The ABSTUDY payee claims, or receives, a payment under the scheme known as Australian Apprenticeships, known as Living Away from Home Allowance.

PART 2 ABSTUDY Payee’s parent:
201     a person becomes the partner of the parent of the ABSTUDY payee’s parent, or
202     a person ceases to be the partner of the parent of the ABSTUDY payee’s parent, or
203     the ABSTUDY payee’s parent becomes aware of the value of his or her assets for a period has increased in value above the maximum value under the ABSTUDY Scheme; or
204     the ABSTUDY payee’s parent becomes a designated parent; or
205     the number of dependent children for which the ABSTUDY payee’s parent is responsible has reduce since:
          (a) an ABSTUDY application form was lodged for the year of study; or
          (b) the last notification of the number of dependent children was given to Centrelink.
206     the ABSTUDY payee’s parent earns an amount of income for the current tax year that is at least 25% more than the estimate of income given in the ABSTUDY application form for the year of study.

PART 3 ABSTUDY Payee’s partner
301     the ABSTUDY payee’s partner dies, or
302     the ABSTUDY payee’s partner earns an amount or income for the current tax years that is not the same as the estimate of income given in the ABSTUDY application form for the year of study; or
303     the ABSTUDY payee’s partner becomes an ABSTUDY payee, or
304     the ABSTUDY payee’s partner begins to receive a pension or payment under the Veterans' Entitlement Act 1986, or
305     the ABSTUDY payee’s partner becomes aware that the value of his or her assets for a period has increased in value above the maximum value.

(2) For sub regulation (1), an event mentioned in 201, 202 ,203 ,204 or 206 of Schedule 1 is a prescribed event only if the ABSTUDY payee:
(a) knows that the event has occurred; or
(b) ought reasonably to know that the event has occurred

Note: Some of the events described in sub-regulation (1) may occur without the ABSTUDY payee’s knowledge.

For example, the ABSTUDY payee may not know that a person has become the partner of the payee’s parent until after the person becomes the partner. The event would become a prescribed event under item 201 only when the ABSTUDY payee knows, or ought reasonably to know, that the person has become the partner.

Persons who fail to advise Centrelink of the occurrence of a prescribed event may be prosecuted under the Criminal Code. Failure to notify Centrelink of the occurrence of a prescribed event as listed above will be an offence under section 49 of the Student Assistance Act 1973, punishable by a maximum penalty of twelve months imprisonment.

People who give false or misleading information in connection with a claim for ABSTUDY can, under the provisions of the Student Assistance Act 1973, incur penalties of up to a $6,000 fine or twelve months imprisonment.

Where an applicant has not notified Centrelink of a prescribed event or provided information Centrelink has requested to enable continuing assessment of the ABSTUDY payee’s entitlement, (as outlined under Chapter 1.5 – Collection of Information), Centrelink may suspend an applicant's ABSTUDY payment pending the provision of additional information from the customer.

If an applicant refuses or is unable to provide the additional information required by Centrelink to make a correct determination in relation to their eligibility to ABSTUDY, their payment may be cancelled and an overpayment raised against the applicant (refer Student Assistance Act 1973    ).

Where a change of circumstance occurs, the student’s or Australian Apprentice's eligibility and/or entitlement are reassessed from the date of the change in circumstance.