Attachment B: Changes to the Policy Manual from 2005

Changes from 2005 Policy Manual

General changes

Where appropriate all references to 2005 have been replaced with 2006.

The Table of Contents has been updated to reflect format and rewording changes

All defined terms are now in bold in the first instance within a section.  Definitions are located at Section 1.1

The term ‘government school’ has been replaced with ‘state school’

References to purely administrative processes between the Department and Centrelink, or between Centrelink and Applicants, have been deleted.

The previous title “the AIC Policy Manual”, has been renamed “AIC Guidelines to ensure consistency with similar department documents.

Section and Clause numbering has changed to reflect changes detailed below.

Section 1.1 Definitions

The definition of appropriate school has been moved from 4.1.4 to 1.1.

The defined term ‘Centrelink’ has been modified.

The defined term ‘Centrelink Area Manager’ has been removed

The defined term ‘Centrelink AIC Processing Centre’ has been modified

The term ‘Claim form’ has been changed to ‘Claim’ and reworded to incorporate what is known as an “End of Year claim form” (previously in section 1.3.1).

The term ‘Decision Maker’ has been defined.

The term ‘Disability or other health related condition’ has been inserted to define meaning.

The term ‘Likely’ has been moved from Section 4.2.15 to this section.

The term ‘Permanently Settled’ has been moved from Section 3.2.3 to this section.

The term ‘Principal family home’ has been redefined to strengthen the eligibility criteria and clarify existing policy.

The term ‘Review Officer’ has been added as a defined term

The term ‘Special Institution’ has been moved from Section 4.4.2 to this section

The term ‘Special School’ has been moved from Section 4.3.6 to this section

The term ‘Spouse’ has been replaced with the term ‘partner’, as defined in the amended Student Assistance Act Regulations.

Section 1.2.1  Aim of AIC

The aim of AIC has been changed to enable tertiary students over the age of 16 to receive AIC allowances if they are of a compulsory schooling age in their state or territory.

The last paragraph, describing the overarching programme objective of AIC, has been deleted as it is superfluous.


 

 

Section 1.2.2  Legal standing of AIC

Theis section has been reworded to clarify:

1.  Only the parliamentary secretary has the power to determine eligibility to AIC allowances outside the policies contained within these guidelines.

2.  That an electronic version of these guidelines is available each year on the DEST internet site (www.dest.gov.au).

Section 1.2.4  Types of allowances

Additional Boarding Allowance is referred to as a separate allowance, rather than a component of Boarding Allowance.

Section 1.2.5  Roles and Responsibilities for administration of AIC

Reference added to this section about the DEST-Centrelink Business Partnership Agreement.

Section 1.3.1  Claim forms

1.  The Term ‘Claim’ has been defined and inserted in Section 1.1.

2.  The requirement that a recipient of AIC Pensioner Education Supplement, and short term boarders complete a full claim form every year has been removed.  The requirement for an applicant to submit a claim to determine eligibility, under AIC policy, remains.

Section 1.3.3  Tax File Numbers

Removal of the note that states that a student’s Tax File number is not required.  This policy is unchanged; however this has been removed for brevity.

Section 1.3.4  TFN Application / Enquiry forms

Removal of the paragraphs describing alternative methods for an Applicant to obtain a Tax File number.  This has been removed for brevity.

Section 1.3.7  Claim form closing date

Words added to clarify the earliest period of eligibility for payment for applicants who submit an intent to claim.

Section 1.4.1  Applicant obligations

Minor word changes for brevity.

Section 1.4.4  Privacy

A definition for ‘personal information’ added.

Section 1.4.5  Confidentiality

Removal of narrative paragraphs relating to Centrelink obligations, for brevity. Reworded to clarify and better describe the confidentiality provisions contained in the Act.

Section 1.4.6  Compliance activities

Removal of duplicative narrative paragraphs for brevity.

Deletion of Centrelink fraud administration description.

Section 1.4.7  Data-matching program

Minor word change to clarify that data matching for AIC will only occur on relevant information to verify the validity or eligibility to an AIC allowance.

Former Sections 1.5.2 Referrals to National Support Office and 1.5.3 Rights of Review and Appeal

These sections deleted.

Section 1.5.5 Appeals to the SSAT and AAT and Section 1.5.6  Appeals to the Federal Court

These sections inserted. 

Section 1.5.3 Internal review of assessment decisions

Clarification of Centrelink personnel descriptions (as per new defined terms).

Section 1.5.4 Appeals to the Parliamentary Secretary regarding assessment decisions.

Incorporation of the former Section 1.5.7 Circumstances to be considered by the Parliamentary Secretary in deciding appeal. 

Section 1.5.7 Circumstances to be considered by the Parliamentary Secretary in deciding appeal

Deleted.

1.5.8 Debt Recovery following unsuccessful appeal

Edited to remove Centrelink administrative information and relevant legislation inserted.

1.5.10 Review of debt recovery decisions

Reference added about appealing to the Federal Court.  Comment added that the Parliamentary Secretary does not review debt decisions.

1.5.11 Types of debt recovery decisions

‘Waiver a debt’ changed to ‘Waiver of the right to recover a debt’.  Section 1.5.13 Legislation partly incorporated.

1.5.12 Waiver of debt

Heading changed to ‘Waiver of the right to recover a debt’.  A reference to the relevant Section of the Act has also been included.  Some rewording for clarity.

1.5.13 Legislation

Moved to 1.5.8 Debt Recovery following unsuccessful appeal.

1.5.14 The Social Security Appeals Tribunal

Incorrect reference to student changed to applicant.

Centrelink administrative processes in relation to the SSAT deleted.  This section merged with 1.5.5  Appeals to the SSAT and the AAT.

1.5.15  Administrative Appeals Tribunal

Deleted.

1.6 Claims from Staff

Deleted.

1.7 Delegations

Introduction deleted.

2.1 Who can be the Applicant

Introduction reworded.

2.1.2 Who can be an ‘approved applicant’

Removal of paragraphs referring to other parts of the sub-chapter.

2.1.9  New Claim form required when approved applicant changes

Wording simplified for succinctness.

2.1.10  Applicant who is not a parent or parent’s partner

Deletion of requirement that applicants need their evidence letter sighted and certified by an appropriate person.  Some other editing for brevity.

2.1.12  Foster parent(s) as approved applicant

Reference to eligibility to Additional Boarding Allowance removed as duplicate to information in Part 5.

2.2.3  What is meant by settled permanently

Deleted and inserted as a definition in 1.1

2.2.4  Indicators that applicant is not ‘permanently settled’

The word ‘shortly’ replaced with ‘within six months’ to clarify the policy.

2.2.5  Applicant must normally live in Australia

The words ‘should be living’ replaced with ‘must normally live’.

2.3

This sub-chapter reordered.

2.3.4  Other Australian Government assistance resulting in loss of eligibility

Some minor editing, such as removing the URL to information about Rent Assistance.

2.4.1  Lodgement of Claim

Some minor rewording in the last paragraph.  Deletion of reference to 2.4.2.

3.1  Summary of Student Eligibility Conditions

Introduction deleted.

3.2.3  What is meant by ‘settled permanently’

Deleted.  This is now a defined term in 1.1.

3.3.1  Age limits

Students are now eligible if they are doing tertiary studies and are over the age of 16 if they are still of compulsory schooling age.

References to other parts of Section 3.3 have been deleted.

First year of primary description has changed from ‘five day weekly program’ to ‘five day per week or fulltime program’.

Examples deleted.

 

3.3.2  Minimum age

Merged into 3.3.1  Age limits.

3.3.5  Students aged 16 years or over

Title changed to ‘Eligibility for Youth Allowance and Abstudy’.  Clarification that Abstudy may be accessed by some students from age 14.

3.4  Approved Studies

The term ‘workload’ changed to ‘study load’ for consistency within these guidelines and with other student assistance programmes.

 

3.4.2  Full-time workload

Clarification that State or Territory Education Authorities can determine if a student is doing a full-time study load for home schoolers.

Clarification of the eligibility of suspended and expelled students for AIC allowances.

3.4.5  Approved level of study

Note added to emphasise that the AIC Pensioner Education Supplement is only payable to primary students.

3.5  Other Government Assistance

Sections re-ordered, and some of them merged.

3.5.1  Australian Government education or training assistance

Retitled as ‘Payments which exclude eligibility for AIC’.

Income support payments added to this clause.

Exceptional Circumstances Relief Payment added to list of payments for clarification.

3.5.2  Australian Government Income Support Payment

Merged with 3.5.1

3.5.3  Disability Support Pension or Parenting Payment (single)

Merged into 3.5.4 Other Australian Government Payments for families.

3.5.4  Other Australian Government payments for families

Retitled as 3.5.2 Australian Government payments which do not exclude eligibility for AIC.  Some rewording within the clause as a result of this.

Parts of 3.5.3 Disability Support Pension or Parenting Payment (single) incorporated into this clause.

The note about Youth Allowance (in relation to Family Tax Benefit) deleted as it is superfluous.

3.5.5  Choice between AIC and Youth Allowance or ABSTUDY

Partially reworded.  Clarification of age of eligibility for ABSTUDY. 

3.7.2  Eligibility commences on 1 January

The words ‘on time’ deleted from first dot point, as they are superfluous.

3.7.5  Eligibility for any vacation during the year

The words ‘on time’, and ‘late’ deleted, as they are superfluous.

3.7.9  End of School Year

Incorporated in the definition of ‘school year’ in 1.1 Definitions.

3.8.1  Death of Student

Introduction deleted.

4.1.1  Introduction to isolation conditions

Merged with Introduction to 4.1. Isolation Conditions – Summary and Definitions.

4.1.3  Principal family home

Moved to 1.1 Definitions.

4.1.4  Appropriate government school

Moved to 1.1 Definitions.

4.1.9  Limited programme school

Some rewording to clarify the policy.  Referral to Centrelink responsibilities deleted.  Comment regarding claims of adequacy deleted, as it is unnecessary.

4.1.10  Geographically isolated from school attended

Deleted to clarify the policy that geographic isolation is in relation to an appropriate state school.

4.2.2  Evidence requirements for geographic isolation.

Inclusion of information about process for marginal distance claims.  Regarding claims under Rule 3, comment added that Centrelink may ask for additional information or verify the information provided by claims at any time.

4.2.3  Former geographic isolation provisions

Deleted.

4.2.3  Rule 1 and Rule 2 – Measuring distance to school

Some minor rewording.

4.2.8  Rule 3 – Measuring travel time

Travelling times by vehicle and foot specified.  Waiting times reworded and specified. 

4.2.14 What are special weather conditions? and 4.2.15 Likelihood of school absence

Merged.  The words ‘grounds would exist for an allowance under AIC to be payable’ replaced with ‘Rule 3 is satisfied’.  Definition of ‘likely’ moved to 1.1 Definitions.

4.2.16  Impassable roads – evidence that attendance is likely to be adversely affected

Notes merged.  ‘Rule 3’ added to title.

4.2.21 – Rule 3 – How pro-rata entitlement is calculated

The calculation of entitlement of applicants in Tasmania adjusted slightly.

4.3.1  Students with special needs - summary

The words ‘other health-related condition’ replaced with ‘a health-related condition’. 

4.3.3  Maintained special course provisions

Deleted.

4.3.4  Evidence requirements for special needs

‘need to be supported by evidence’ changed to ‘normally need to be supported by evidence’.  Introduction of requirement that evidence must relate to the period of eligibility, replacing the requirement that evidence must be updated annually.

4.3.5  Duration of special need assessment

Introduction of requirement that claim must include an estimate of the duration of the condition.

4.3.6  Student attends a special school

Definition of ‘special school’ moved to 1.1 Definitions

4.3.7  Student needs access to special facilities or a special environment.

Examples updated to further clarify the policy being explained.

4.3.9  Student needs to be removed from local school environment

The words ‘This medical evidence need not be detailed if the education authorities support the claim’ deleted.

4.3.12  Student cannot access a pre-requisite subject

Deleted.

4.3.13  Student would suffer serious educational disadvantage if not able to bypass local school

Reworded, with some parts of 4.3.14 Contact with State/Territory education authorities merged.  The criteria for determining educational disadvantage have been changed slightly.  The examples have been amended slightly, with two deleted

4.3.14 Contact with State/Territory education authorities

Deleted.

4.4.1  Categories of students who may be deemed isolated

Merged with ‘4.4 Students deemed to be Isolated’ Introduction

4.4.2  Student lives in a special institution

Special institution definition deleted, as this is now in
1.1. Definitions.

4.4.3  Occupation of parent(s) involves frequent moves

Policy amended to remove eligibility for jobseekers and volunteers.  Remaining policy reworded to clarify existing intent.

4.4.4  Occupation of sole parent requires frequent overnight absences

Deleted.  Grandfathering clause inserted to continue eligibility for applicants in receipt of AIC in 2005.

4.4.6  Continuity of schooling concession

Policy amended in line with the deletion of 4.1.10.  Deletion of comment that the concession may normally be granted without the need for supporting evidence.

4.4.7  Retrospective continuity of schooling concession

Policy amended in line with the deletion of 4.1.10.

5.1.1  Determination of allowance

Deletion of referral to 5.1.2.

5.1.2  Determination of allowance for students living away from home and studying by distance education methods

Some rewording.

5.1.7  Payment frequency – short-term boarders

Some rewording.

5.2  Boarding Allowance

Title amended to 5.2 Boarding Allowance and Additional Boarding Allowance.

5.2.8  Actual Boarding Charges

Clarification that the Boarding fees are inclusive of GST.

5.2.12  Entitlement for part-time boarders.

Policy change in relation to the calculation of entitlement.  Some rewording also.

5.3.3  Approved second family home

Policy change – deletion of criteria that Second Family Home cannot be used for the family’s major business or employment activity.

5.3.4  Approved principal family home

Deleted and merged with definition in 1.1 Definitions.

5.3.5  Neither parent at principal family home – (at least) one parent working

Deleted.  Grandfathering clause inserted to continue eligibility for applicants in receipt of AIC in 2005.

5.3.6  Neither parent at principal family home – neither parent working

Deleted.  Grandfathering clause inserted to continue eligibility for applicants in receipt of AIC in 2005.

 

5.3.8  Loss of parent situations

Note amended in line with deletion of 4.1.10.  Sole parent provision amended slightly in line with the updated principal family home definition to ensure continued intent.

5.4.3  Acceptable study location

Some rewording, and deletion of the Note. 

Note that the words ‘who are studying via distance education methods and’ were added during 2005.

5.5.3  Secondary students

Amended to 5.5.3 Secondary and Tertiary students, in both the title and the text.

5.6  Current AIC Allowance Rates

Updated with new rates for 2006.

6.8 Current Income Limits and Interest Rates

‘Interest Rates’ removed from the title.

6.8.1  Parental Income Free Area

Updated with the 2006 PIFA rate.

Attachment A:  The Structure of Australian schooling

Formatting change.

Attachment B:  Person before whom a Statutory Declaration may be made

Deleted and replaced with Attachment B:  Changes to the Policy Manual from 2005.

Attachment C:  Tax file number guidelines 1992

Deleted.

 

 

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RELATED PAGES
Contents

Changes from 2005 Guidelines

1.1 Definitions for these Guidelines

2.1 Who can be the Applicant?

3.1 Overview of student eligibility conditions

4.1 Isolation Conditions - Summary and Definitions

5.1 General Entitlement and Payment Features

6.1 Overview of the Parental Income Test

Attachment A:  The structure of Australian schooling

Attachment B:  Changes to the Policy Manual from 2005

 
IN THIS SECTION
Contents

Changes from the 2005 policy manual

1.1 Definitions for these Guidelines

2.1 Who can be the Applicant

3.1 Overview of student eligibility conditions

4.1 Isolation Conditions - Summary and Definitions

5.1 General Entitlement and Payment Features

6.1 Overview of the Parental Income Test

Attachment A

1.2 Outline of the AIC Scheme

1.3 Assessment Process

1.4 Applicant Rights and Obligations

1.5 Reviews and Appeals

2.2 Residence Requirements for Approved Applicants

2.3 The effect of other Australian Government Assistance on an Applicant’s eligibility

2.4 When must the Claim be lodged

2.5 Death of Approved Applicant

3.2 Citizenship or Residency

3.3 Age Limits

3.4 Approved Studies

3.5 The effect of other Australian Government Assistance on student eligibility

3.6 Students in Lawful Custody or State Authorised Care

3.7 Period of Eligibility

3.8 Death of Student

4.2 Geographic Isolation Rules

4.3 Students with Special Needs

Attachment B

4.4 Students Deemed to be Isolated

5.2 Boarding Allowance and Additional Boarding Allowance

5.3 Second Home Allowance

5.4 Distance Education Allowance

5.5 Pensioner Education Supplement

5.6 Current AIC Allowance Rates

6.2 Calculating Parental Income

6.3 Whose Income is taken into Account?

6.4 Waiver of the Parental Income Test

6.5 Negative Gearing

6.6 Fringe Benefits

6.7 Current Income Assessment

6.8 Current AIC Income Limits

6.9 Currency Exchange Rates