To be eligible for assistance an approved applicant for AIC must normally live in Australia (see 2.2.4) and be:
- an Australian citizen; or
- a New Zealand citizen who meets the rule set out in 2.2.2; or
- an Australian permanent resident within the meaning of regulation 1.03 of the Migration Regulations 1994.
Where the approved applicant is not an Australian citizen, evidence must be provided to support the claim of permanent residency or settlement.
An applicant who is a New Zealand citizen can be eligible for AIC if he or she is permanently settled in Australia and he or she has lived:
- continuously in Australia for 6 months or more; or
- in Australia for the past 12 months with no more than two months absence in that period; or
- in Australia for the past 12 months with more than two months absence but can demonstrate continuity of residence in Australia in that period.
Note: The 26 February 2001 changes to the Trans Tasman social security arrangements do not affect New Zealanders eligibility for AIC.
The applicant should not normally be considered permanently settled in Australia if they have a partner or dependent children living in New Zealand.
Such an applicant can be considered permanently settled in Australia if he or she can show that the family will be moving to Australia within six months or, alternatively, the applicant is permanently estranged from the former partner or children.
The applicant must normally live in Australia during the school year for which benefits are sought. However, an applicant living overseas is not disqualified from receiving benefits for an eligible student who is studying in Australia, provided:
- the applicant is an Australian citizen or permanent resident of Australia as defined in 2.2.1;
- he or she normally lives full-time in Australia; and
- there is evidence their absence is temporary (for example, for work or holiday purposes) and that they will be returning to Australia within two years.
It should be noted however, that the principal family home must be in Australia and must continue to meet an isolation condition (where applicable).