ABSTUDY, Student Status: Chapter 25 - Eligibility Criteria for Away from Home Entitlements

A student or Australian Apprentice is approved for Away from Home entitlements in the following circumstances:

• either:

• s/he does not have reasonable access to an appropriate education institution whilst living in the permanent home; or
• s/he cannot reasonably be expected to study or undertake a Australian Apprenticeship whilst living in the permanent home;

and

• s/he lives away from the permanent home.

25.1.1 Evidence supporting claims for Away from Home entitlements

As determined by Centrelink, evidence may be required to support a student’s or Australian Apprentice's claim for Away from Home entitlements.

25.1.2 Australian Apprentices

Where a person who wishes to undertake a full-time apprenticeship, traineeship or trainee apprenticeship is required to live away from the permanent home in order to undertake their Australian Apprenticeship, Away from Home entitlements may be approved.

A student is considered to not have reasonable access to an appropriate education institution in the following circumstance:

• travelling time and/or access between the permanent home and the appropriate education institution/s make daily travel impossible or unreasonable, as set out in Chapter 26.

Reasonable Access provisions may apply where a Australian Apprentice is undertaking an apprenticeship, traineeship, or trainee apprenticeship with an employer or training provider and the travelling time and/or access between the permanent home and the employer or training provider make daily travel impossible or unreasonable, as set out in Chapter 26.

25.3.1 Appropriate Education Institution for Secondary School Students

For secondary school students, an appropriate education institution is any government school that offers tuition at the student’s level, that is, the year or grade for which the student is qualified to enrol.

However, the determination of what is an appropriate education institution for a secondary school student may vary in the following circumstances:

• the government school/s to which the student has reasonable access is considered a limited programme school, as set out in Chapter 27; or
• the student wishes to undertake an approved special course, as set out in Chapter 28; or
• the student has a disability for which the government school/s to which the student has reasonable access cannot cater, as set out in Chapter 29; or
• the student has been excluded from attending the government school/s to which the student has reasonable access, as set out in Chapter 30; or
• the student has been subjected to racial discrimination of a serious and continuing nature at the government school/s to which the student has reasonable access, as set out in Chapter 31; or
• it would be unreasonable for the student to break continuity of study, as set out in Chapter 32.

25.3.1.1 Away from Home entitlements not approved

Not withstanding the provisions set out in 25.3.1, Away from Home entitlements will not be approved for a secondary student:

• to assist the student to bypass a school to which s/he has reasonable access to attend another school of their choice;
• simply because particular subjects which the student wishes to study are unavailable at the nearby school;
• where there is an appropriate education institution to which the student has reasonable access;
• specifically to enable a student to attend a non-government school;
• for a primary student who is otherwise eligible for ABSTUDY benefits;
• if the State or Territory education authority objects to the bypassing of the particular school or type of school involved; or
• where the student will be undertaking distance education or correspondence studies;
• to enable the student to attend a special course if the student already has reasonable access to the applicable special course at an appropriate education whilst living at the permanent home; or
• to bypass a non-government school in their remote area in order to attend a school in another area that has the same religious affiliations as the local school; or
• specifically to attend an Aboriginal or Torres Strait Islander school (unless the provisions set out in 28.2 apply).

25.3.2 Appropriate Education Institution for Secondary Non-school Students

For secondary non-school students, an appropriate education institution is any government TAFE college or senior matriculation college to which the student has reasonable access that offers the secondary non-school course that the student wishes to undertake.

25.3.3 Appropriate Education Institution for Tertiary Students

For tertiary students, an appropriate education institution is whichever institution the student chooses to attend.

It is considered that a student or Australian Apprentice cannot reasonably be expected to study whilst living at the permanent home in the following circumstances:

• conditions at the permanent home are a serious impediment to educational progress, as set out in Chapter 33; or
• the student is from an itinerant family (secondary school students only) as set out in Chapter 34; or
• the student has been awarded an approved Independent Boarding School scholarship (secondary school students only), as set out in Chapter 35; or
• it is a compulsory requirement of the course to reside at the education institution whilst studying (tertiary students only) as set out in Chapter 36.

25.5.1 Away from Home Rate for Secondary School Students

Where a secondary school student has been approved for Away from Home entitlements, the period of entitlement for the Away from Home Rate of Living Allowance will:

• start on either:

• the start date of the entitlement period for that term as set out in Chapter 73, where the student is approved for Away from Home entitlements and commences study at the relevant institution by the 3rd Friday of term; or
• the date from which the student is approved for Away from Home entitlements, where this occurs after the 3rd Friday of term;

and

• ceases on either:

• the end date of the entitlement period for that term as set out in Chapter 73 where the student completes the full term’s study; or
• the date from which the student ceases to be approved for Away from Home entitlements.

25.5.1.1 Temporary return to the permanent home for vacation period

A secondary school student remains entitled to the Away from Home rate of Living Allowance throughout any vacation periods where they temporarily return to the permanent home.

25.5.2 Away from Home Rate for Secondary Non-school or Tertiary Students or Australian Apprentices

Where a secondary non-school or tertiary student or Australian Apprentice has been approved for Away from Home entitlements in respect of a course, the period of entitlement for the Away from Home Rate of Living Allowance will:

• start from the course start date, unless one of the following apply:

• the student or Australian Apprentice commences living away from the permanent home prior to the course or Australian Apprenticeship start date and can demonstrate a reasonable need to do so, e.g. to secure rental accommodation. In this situation, the Away from Home rate of Living Allowance will start from the date the student or Australian Apprentice commences living away from the permanent home; or
• the student or Australian Apprentice intended to commence living away from the permanent home prior to the course or Australian Apprenticeship start date, and began to incur the costs of this term accommodation from this date, but was prevented from moving on this date as a result of circumstances beyond his/her control. In this situation, the Away from Home rate of Living Allowance will start from the date the student or Australian Apprentice intended to commence living away from the permanent home, provided that this date also meets the conditions set out in the previous dot point;
• the student or Australian Apprentice commenced living away from the permanent home after the course or Australian Apprenticeship start date, and the conditions set out in the previous dot point do not apply. In this situation, the Away from Home rate of Living Allowance will start from the date the student or Australian Apprentice commences living away from the permanent home;

and

• cease on the earlier of:

• the date that the student or Australian Apprentice returns, on a permanent basis, to live at the permanent home; or
• the last day of study in the relevant course or Australian Apprenticeship; or
• the date from which the student or Australian Apprentice ceases to be approved for Away from Home entitlements.

25.5.2.1 Temporary return to the permanent home for vacation period

A secondary non-school or tertiary student or Australian Apprentice remains entitled to the Away from Home rate of Living Allowance throughout any vacation periods where they temporarily return to the permanent home, provided that they maintain their residence at the study or Australian Apprenticeship location.

25.5.3 Temporary return to the permanent home for study

If students or Australian Apprentices who normally live away from home opt to return to the parental home on a temporary basis while studying an integral part of their course or undertaking their Australian Apprenticeship eg, for a period of practical training, they remain entitled to the Away from Home rate unless that period is equal to or greater than one term or semester in length, depending on the structure of the course.

If the period is longer, the student or Australian Apprentice will be regarded as residing permanently at home from the start of the period, including any vacations.

25.6.1 Tertiary or secondary non-school students and Australian Apprentices

Approval of Away from Home entitlements ceases if a tertiary or secondary non-school student's or Australian Apprentice's permanent home changes to a location that is within reasonable travelling time or distance of an appropriate education institution, employer or training provider. This is the case even if the student or Australian Apprentice does not return to live in the permanent home.

25.6.2 Secondary school students

Approval of Away from Home entitlements for a secondary school student ceases if:

• the permanent home changes to a location that is within reasonable travelling time or distance of an appropriate education institution; or
• the student returns to live on a permanent basis in the permanent home.

However, continuity of study provisions apply in certain circumstances.