Assessing unreasonable to live at home (UTLAH) for customers claiming or receiving Youth Allowance (YA), Disability Support Pension (DSP), Special Benefit (SpB) or Tertiary Access Payment (TAP) 001-04030030

Services Australia has a zero-tolerance approach to child abuse. A staff member must act when they see or hear behaviour that raises concern about a child or young person's safety. Follow the agency's Risk Identification and Reporting model when identifying and responding to child safety concerns. Refer to Risk identification and management of threats to the safety or welfare of a child.

A customer:

• receiving or claiming YA, DSP or SpB may be considered independent under UTLAH, or
• may be exempt from providing parental income for TAP if their circumstances meet the UTLAH provisions:
• if they cannot live at the home of either or both parents
• if they are not receiving continuous financial or other support, directly or indirectly, from their parent(s) or guardian(s), and
• if they are not receiving any other payment in the nature of income support from a commonwealth, state or territory government

Specific rules apply for customers who are transferring from Special Benefit and live with a parent who is not residentially qualified to claim an Income Support Payment.

A separate procedure applies if a customer has claimed UTLAH for Youth Allowance purposes, and the customer is currently in State care, or State care has ceased due to their age. See Assessing independence when a customer is in State care.

Reasons why the young person cannot live in the home of a parent:

• extreme family breakdown or other similar exceptional circumstances
• living at home would cause a serious risk to the customer's physical or mental well-being due to family and domestic violence, sexual abuse or other similar unreasonable circumstances
• the parents are not able to provide a suitable home for the customer due to a lack of stable accommodation, or
• because there is no parental concern for 2 years or more from one or both parents

In most circumstances a customer living with their parent/s or guardian/s is excluded from being assessed as independent through UTLAH.

An exception applies when a customer is transferring from Special Benefit and living with a parent or guardian who cannot financially support them. For these customers a UTLAH assessment may be applied. In this circumstance, the customer must:

• be transferring from Special Benefit to another payment, and
• not independent under any other criteria, and
• their parent/s are not residentially qualified to claim an Income Support Payment

All assessments of this nature must be referred to the Level 2 Policy Helpdesk. A social worker referral is not required.

If the customer or their parent(s)/guardian(s) are experiencing vulnerability and require further support, discuss the appropriate support service referrals. This may include a social work referral.

Some customers claiming YA, DSP, SpB or TAP will have their UTLAH decisions automatically re-applied where they:

• declare there have been no change to their circumstances, and
• are re-claiming within 52 weeks of last being entitled to a payment paid under a UTLAH independence category

See Unreasonable to live at home (UTLAH) initial contact for Youth Allowance (YA), Disability Support Pension (DSP), Special Benefit (SpB) or Tertiary Access Payment (TAP).

If a customer is claiming more than one payment, for example, YA and TAP, only one UTLAH assessment is required.

The same forms are used for all payment types.

The definition of parent(s) for dependent YA, SpB and TAP customers is different to the definition for UTLAH. See:

• Applying the Parental Income Test (PIT) for ABSTUDY and Youth Allowance (YA)
• Assessing and finalising claims for the Tertiary Access Payment (TAP)

For UTLAH, a parent is defined as one of the following:

• a natural (biological) parent
• a legally adoptive parent
• a relationship parent, see the Resources page for an explanation of 'relationship parent'

YA and SpB customers assessed as independent are not subject to the Parental Means Test.

Students applying for TAP, who meet UTLAH provisions, are exempt from providing their parent(s)/guardian(s) income.

• A parent refusing to have the young person at home, particularly where this has been provoked by an unwillingness of the young person to meet reasonable expectations
  Note: if parental refusal to have the young person return home is accompanied by other evidence of severe and enduring family conflict, or risk factors to the young person or other family member's wellbeing, then UTLAH should be considered
• Divorce or separation of the parents is not in itself sufficient reason to regard the young person as independent
• Parents moving to a new location, including overseas. In the absence of other forms of support, those at risk of neglect may be eligible for independent status
• A young person choosing to live independently (either for study, job search or general preference)
• The family consider that the young person is independent due to deeply held cultural or religious beliefs, or they claim they cannot afford to support the young person

For Youth Allowance customers, where claims of independence under the UTLAH status are not established, the living conditions at home may mean the away from home rate may be appropriate for other reasons.

Delegated officers, social workers or UTLAH trained smart centre Service Officers should make an Away from home decision, if rejecting UTLAH.

Where a young person's parents are separated, assess the circumstances in relation to each of the 2 parents. For more information, see the Process page.

The decision to grant or reject UTLAH is made only by staff who have completed relevant training and have delegation to approve independence under UTLAH criteria.

For customers:

• aged under 18 years, delegation is held by social workers. UTLAH claims for young people aged:
• 15 years or under are managed by the customer's local area social worker
• 16-17 years are managed by designated social workers in the U18 UTLAH Social Work Network
• aged 18 years and over, UTLAH assessments for all payments are managed by delegated Service Officers in the Over 18 UTLAH Team (O18)
• 22 and over, UTLAH assessments are not required for YA or SpB. The customer is independent by age

For DSP claims, assessment of independence under UTLAH provisions:

• applies only to customers aged 16 or 17 years
• is not required for DSP customers aged between 18 and 20. They are considered independent when living away from the parental home for any reason

For TAP claims:

• a student is not automatically exempt from the TAP Parental Income Test because they reach a certain age
• a UTLAH assessment is required for eligible TAP claimants of any age, if they cannot live at home due to extreme circumstances

If a customer advises they are homeless or they are at risk of becoming homeless, make sure the customer gives consent before coding a Homelessness Indicator on their record.

Some independent students receiving YA may also qualify for a Relocation Scholarship (RS). Additional coding is required for independent students who qualify for Relocation Scholarship to ensure the correct amount is paid.

YA customers who are assessed as independent because it is unreasonable for them to live at home may be paid from 15 years of age, provided they are above the minimum school leaving age for their state/territory. Customers who are aged under 15 or under the school leaving age may need to be assessed under the UTLAH provisions for Special Benefit (SpB).

If a parent is receiving a payment relating to caring for a young person who leaves their home, they may no longer be eligible for Carer Payment or Carer Allowance. See Change of address for Carer Payment (CP) and Carer Allowance (CA).

The rate of Crisis Payment (CrP) is based on the customer’s maximum rate of payment and is not automatically reassessed when a change to the record is backdated. If the customer received a CrP during the period a change is applied, a manual reassessment of Crisis Payment may be required. See Reviewing and reassessing Crisis Payment (CrP).

When making an unfavourable decision, speak to the customer:

• explain the decision
• give them a chance to provide further information or evidence relevant to the decision
• advise their review and appeal rights, and record an application for a formal review of the decision if required

Make 2 genuine attempts to contact the customer before finalising the decision.

Customers automatically identified for VWPR Income Management (VWPR Auto Triggered Youth) are those who:

• live in a location offering the VWPR measure of IM,
• are aged 16 years or over, and
• receive an independent rate of YA, DSP, ABSTUDY Living Allowance or SpB due to meeting the UTLAH criteria

Customers who are not identified for IM under this measure are those who are:

• full time students or apprentices, or
• currently on Voluntary Income Management (VIM)

For more information, see Income Management and enhanced Income Management for Vulnerable Welfare Payment Recipients (VWPR).