Applying for ABSTUDY: Chapter 6 - Applying for ABSTUDY

There are five types of acceptable applicants for ABSTUDY. They are:

• students;
• full-time Australian Apprentices;
• parents or guardians;
• institutions; and
• interim applicants.

6.1.1 Students

The student may apply for ABSTUDY assistance if they are:

• 16 years of age or over; or
• meet one of the independent status criteria; or
• enrolled in or intending to enrol for tertiary or postgraduate study; or
• receiving an Australian Government pension.

6.1.2 Parent/Guardian Applicant

For students other than those specified in 6.1.1, an ABSTUDY claim is to be lodged by the person who has the responsibility for care and maintenance of the student and with whom the student normally lives. The applicant will be:

• either of the student's natural or adoptive parents, where the student lives with the natural or adoptive parents;
• the natural or adoptive parent with whom the student lives, where the student's natural or adoptive parents are separated and the student lives with one of them;
• a guardian, where responsibility for the student's care has been assumed by a guardian with whom the student normally lives;
• the foster parent, guardian or parent(s) as appropriate (see the three dot points above), where the student is in State care but placed in the care of foster parent, guardian or parent(s);
• an officer authorised by the relevant State/Territory authority, where the student is in government care; or
• where the student would, but for reasons of age, qualify as an orphan or as a homeless student and is in the care of a person or institution, that person or an officer authorised by that institution.

6.1.3 Institutions

Institutions may be considered applicants for the purposes of:

• Away from base submissions;
• Under 16 Boarding Supplement; and
• interim claims for boarding school students.

6.1.4 Interim applicant

A claim lodged by an interim applicant can be accepted where:

• the student, or person who would normally apply on behalf of the student, is not able to submit a claim because of exceptional circumstances; and
• the person who submits the claim as an interim applicant has temporary care of the student, is able to make an informed declaration about the student's Aboriginality and is prepared to accept ABSTUDY conditions; and
• Centrelink has no reason to believe that by accepting a claim from an interim applicant it is not following the wishes of the student or parent/long-term guardian in respect of the student's schooling.
  Note: For information regarding the lodgement of interim claims by a boarding school, see 6.2.1.

6.1.5 Full-time Australian Apprentices

A full-time Australian Apprentice may apply for ABSTUDY assistance if they:

• are undertaking a full-time apprenticeship, traineeship or trainee apprenticeship under the Australian Apprenticeships scheme; and
• meet the ABSTUDY primary eligibility criteria; and
• have a current Commonwealth Registration Number; and
• Have either
• reached the minimum school leaving age as defined by the relevant State/Territory education authority; or
• provided evidence that s/he has been granted an exemption from the State/Territory education authority in order to complete a full-time apprenticeship or trainee apprenticeship.

The terms Australian Apprenticeships and Australian Apprentices cover all apprenticeships and traineeship arrangements – both new and traditional.  Australian Apprenticeships can cover full or part-time work.  However, only full-time Australian Apprentices are those whose training contract is considered full-time by DEEWR.

6.1.5.1 Part-time Australian Apprentices

Part-time Australian Apprentices are those whose ordinary hours of employment, incorporating both work and training components are LESS than that which is regarded as full-time for a new apprentice in that industry, trade, occupation or kind or work. 

Part-time Australian Apprentices are not entitled to ABSTUDY under the Australian Apprentice provisions.  Australian Apprentices must be considered full-time Australian Apprentices to be eligible for assistance under ABSTUDY.

Part-time Australian Apprentices undertaking a full-time training or study block are considered full-time students for that period they are undertaking the full-time training or study block.

A completed ABSTUDY claim is the instrument by which ABSTUDY benefits may be approved.

An ABSTUDY applicant must lodge an ABSTUDY claim in accordance with Centrelink’s determination of:

• what constitutes a claim; and
• how a claim may be made.

Where a claim is lodged on or before the applicable closing date, the ABSTUDY Payee may receive full benefits in accordance with their approved entitlements.

No benefits may be approved for an applicant:

• in respect of a period for which there has been no ABSTUDY claim; or
• before the claim has been approved by a delegated officer.

6.2.1 Interim claims from boarding schools

Interim claims can be accepted from boarding schools only in the following circumstances:

• the student or person who would normally apply on behalf of the student is not able to submit a claim because of exceptional circumstances, such as serious illness or remote locality; and
• the claim is lodged in the student's first term at the school; and
• the boarding school accepts responsibility for obtaining a full claim from the applicant; and
• the institution accepts responsibility for the student's boarding and tuition fees where a complete claim is not subsequently lodged by the applicant; and
• Centrelink has no reason to believe that by accepting an interim claim it is not following the wishes of the applicant in respect of the student's schooling.

6.2.1.1 Fares allowance for interim claims

Where the above circumstances are met, Fares Allowance for the student's first two terms at the school can be approved. Where a full claim from the applicant has not been received by the student's second term, no further Fares Allowance is to be approved.

6.3.1 Notification of Intent to Claim

An applicant and/or student may advise Centrelink that they have an intent to lodge a claim. Where the claim is actually lodged within 13 weeks of notifying an intent to claim, the claim will be deemed to have been lodged on the date of the notification of intent.

An Australian Apprentice may advise Centrelink that they have an intent to lodge a claim. Where the claim is actually lodged within 14 days of notifying an intent to claim, the claim will be deemed to have been lodged on the date of the notification of intent.   If the Australian Apprentice is suffering from a medical condition or has special circumstances which make it not reasonably practicable for them to lodge the claim, it may be lodged within 13 weeks after the contact and Centrelink must give the Australian Apprentice a written notice acknowledging the contact. Only then will the claim be deemed to have been lodged on the date of the notification of intent.

Intent of lodgement of the ABSTUDY claim must also meet the closing date specified in 6.3.2.

For an Australian Apprentice's claim to be considered, the Australian Apprentice must have a current Commonwealth Registration Number.  This can be obtained by the Australian Apprentice signing a training agreement or training contract with their employer and Australian Apprenticeships Centre (AAC).  The training agreement or training contract will have the start date of the apprenticeship, traineeship or trainee apprenticeship.  The start date for payment will be the latter of the start date of the Australian Apprenticeship or contact with Centrelink to notify of an intent to claim.

6.3.2 Closing dates for lodgement of claims

Table 1 lists the closing dates for lodgement of ABSTUDY claims with Centrelink.

Table 1 - Lodgement of ABSTUDY claims    

Table 2 lists the closing dates for lodgement of PES claims with Centrelink.

Table 2 - Lodgement of ABSTUDY Pensioner Education Supplement (PES) claims    

In all cases, PES claims must be lodged prior to the student discontinuing study.

6.3.2.1 Lodgement dates for Away From Base submissions

For details of the lodgement dates for submissions for Away From Base assistance, refer to 96.2 Away From Base submissions.

6.3.3 Incorrect or inappropriate claim

Where a student and/or applicant has lodged an incorrect or inappropriate claim for another payment (e.g. FaCS PES, Youth Allowance, Austudy payment or Assistance for Isolated Children) by the closing dates stipulated in 6.3.2, the customer may be considered to have lodged an ABSTUDY claim on that date.

6.3.4 Late lodgement

Where Centrelink considers that the ABSTUDY claim would, but for circumstances beyond the applicant's control, have been lodged by the applicable closing date, students may receive full benefits in accordance with their approved entitlements.

6.3.4.1 Explanation of late lodgement

The applicant must provide a written statement explaining the reason for late lodgement of the claim.  Other evidence such as a medical certificate may also be requested.