Part-time or full-time study as an approved mutual obligation requirement for Youth Allowance (YA) 001-09070220

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Description

1

Question: Are principal carers on Youth Allowance (YA) job seeker subject to the short course approval policy?

Answer: YA job seeker principal carers are subject to this policy, including those with part-time mutual obligation requirements. To have a short course approved, a principal carer must be doing 15 or more hours per week (30 hours per fortnight), including any combination of contact and non-contact hours, regardless of whether the study is classified as full-time or part-time by the institution or organisation providing the course.

2

Question: Who can approve a full-time short course?

Answer: With some exceptions, full-time study for YA job seekers can only be approved by a Workforce Australia/Community Development Program (CDP) provider once they commence participation with the provider or once they commence a placement with other providers, for example, Disability Employment Services (DES).

3

Question: If a YA job seeker with full-time mutual obligation requirements has a full-time short course approved do they have any additional mutual obligation requirements?

Answer: Yes. If a full-time short course is approved by their provider, the job seeker is still required to look for and accept work, but not where it conflicts with the time of the course or if it would prevent them from completing the course. Job seekers will be required to undertake up to 20 job searches per month. There is no automatic reduction in job search requirements for undertaking a full-time short course. Job seekers are required to accept any suitable work that does not conflict with the course and they are not permitted to limit their job searches only to areas relating to the course.

4

Question: When can Services Australia approve a full-time short course/study?

Answer: Approval can only be given for full-time study for YA job seekers who are Centrelink managed (that is, who have not yet commenced employment services) and if one of the following conditions apply:

• the course is a full-time vocational short course of less than 12 months, which would improve their short term employment prospects, or
• if they have exceeded the allowable time for their course under YA (student), but still have less than 12 months of study remaining to complete their course

For YA purposes, full-time study is defined as:

• if the course is a course of study within the meaning of the Higher Education Support Act 2003 - the equivalent for the period of the full-time study-load for that period as determined by the institution in accordance with the Administration Guidelines under that Act, or
• if the course is not such a course and the institution defines an amount of full-time study that a full-time student should typically undertake in respect of the course in the period - the amount so defined, or
• if the institution does not define an amount of full-time study that a full-time student should typically undertake in respect of the course - an amount equivalent to the average amount of full-time study that a person would have to undertake to complete the course in the minimum time, or
• if none of the above situations apply, a minimum of 20 contact hours per week, which consists of at least 15 hours in the classroom or other directed activities and up to five hours per week on private study, or courses classified as full-time by the education or training institution

In addition, job seekers who were studying while receiving PP or transitional Disability Support Pension (DSP) will be able to continue their studies after transferring to YA job seeker without the need for further approval. This is regardless of whether the remainder of their studies is less than 12 months or not.

5

Question: In the case of short course approvals, who is the decision maker (DM)?

Answer: Given that Services Australia retains the delegation to consider short course approvals for some customer groups, it will depend on who is approving or rejecting the short course application. This means that the DM could be either the provider or a Service Officer.

6

Question: Can a customer request a review of the decision if a provider does not approve a short course?

Answer: If a customer is not happy with a provider decision in regards to non-approval of a short course and, following discussion with the provider, it is clear they will not change their decision, the customer may contact the Department of Employment and Workplace Relations to lodge a complaint.

As with any adverse decision made by a delegate of the Secretary under Social Security Law, a customer can request a review of a decision relating to the requirements of a Job Plan, whether made by the provider or a Service Officer.

A review officer can overturn a decision relating to the requirements of a Job Plan only where the decision is not consistent with Social Security Law (for example because the job seeker cannot reasonably be expected to meet the terms of the Plan or where a term is precluded by the legislative instrument).

A review officer cannot overturn a Job Plan related decision simply because the review officer or the job seeker disagrees with the decision.

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Description

1

Question: Can a job seeker undertake part-time study if it is not approved under the short course policy?

Answer: Any type of part-time study which cannot be approved under short course policy can be undertaken, as long as the job seeker continues to meet all of their mutual obligation requirements, demonstrating genuine job search efforts including looking for work, attending appointments and accepting offers of employment.

2

Question: Can a job seeker undertake full-time study if it is not approved under the short course policy?

Answer: No. In general, social security law precludes full-time students from receiving YA as a job seeker if they are eligible for Austudy or for YA as student. YA (Other) is a payment for people who are unemployed and looking for work. It is not a payment for full-time students. Unless short course policy allows the agency to approve full-time study, or exceptional circumstances allow a provider to approve full-time study, the job seeker would not remain qualified for YA and would need to test their eligibility for a student payment.

However, YA (Other) should not be cancelled or rejected on the basis of the job seeker's full-time study, unless:

• they have been advised (either at grant or at a later time) by their provider that their full-time study will not fully meet their mutual obligation requirements, and
• the job seeker is not willing to satisfy other mutual obligation requirements such as job search

Otherwise, it is the responsibility of the provider to negotiate appropriate activities for the job seeker, and instigate compliance action (where required) for failure to meet compulsory requirements.

3

Question: If a PP or DSP customer who is studying part-time or full-time transfers to YA, can they continue their full-time studies indefinitely and retain eligibility for YA?

Answer:

PP recipients transferring to YA

• If a PP customer transfers to YA, they can continue to complete their current course of study without the need for further approval, even if the remainder of the course is longer than 12 months. They will be taken as meeting all their mutual obligation requirements as long as they continue to study for at least 15 hours per week, or 30 hours per fortnight (no minimum contact hours), in the same course
• If the customer ceases study or wants to change their course, they would need to be re-assessed under the study guidelines for YA. The customer would need to talk to a provider (if in a program) about approval of the new course and single YA principal carers would lose eligibility for PES
• If a PP recipient who transfers to YA is continuing the same course of study, but at less than 15 hours per week (or 30 hours per fortnight), they will have additional requirements - at minimum a job search requirement

Note: from 1 January 2014, JSP (single principal carers) may continually qualify for PES as an income support payment, since eligibility has been extended to JSP (single principal carer). See Initial contact with students claiming Pensioner Education Supplement (PES) and ABSTUDY PES for further information.

DSP recipients transferring to YA

• Job seekers granted DSP between 11 May 2005 and 30 June 2006, who at review after 1 July 2006, are transferred to YA as a person assessed with having a PCW, are able to continue their studies whilst in receipt of YA and will be considered to be fully meeting their mutual obligation requirements if at the time of transfer, they were studying and receiving PES. Note: these job seekers do not have to be studying full-time
• If the customer ceases study, reduces their study load or wants to change courses and they are 22 years of age or over, they would need to be re-assessed under the post 1 July 2006 rules applicable to YA. The customer would need to talk to a provider (if in a program) about approval of the new course and would lose eligibility for PES

Both of the above transferee groups will be taken as meeting all participation requirements while completing their course as long as they continue studying the same load (or greater) in the same course.

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Question: Will PES still be paid to those job seekers who continue to study after transfer from PP or DSP to YA (job seeker)?

Answer: All DSP and PP job seekers (whether studying full-time or part-time) who were in receipt of PES whilst in transition to YA (as people assessed with a PCW or principal carers) will continue to receive PES as long as they continue to study in the same course when they transitioned to YA (job seeker).

Note: PES will not be paid for DSP transitions once the original transitioned course has ended. See Initial contact with students claiming Pensioner Education Supplement (PES) and ABSTUDY PES for further information.

5

Question: When a customer wishes to undertake a full-time short course of less than 12 months and could potentially qualify for either a student payment or a job seeker payment, which payment should the customer be receiving?

Answer: If a customer, except for a PP customer or a principal carer on YA, contacts the agency and advises they intend to study full-time, in the first instance the customer should test their eligibility for a student payment. If the customer is eligible for a student payment, then a job seeker payment is not payable and the customer must claim the student payment.

If the job seeker is eligible for a student payment and it is more financially beneficial for them, they should be advised to claim the student payment.

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Question: How does Services Australia code the short course approval?

Answer: In situations where a provider is responsible for approving the short course, notification that the job seeker is undertaking a full-time short course will be received automatically. This includes commencement, variations and cessation of a course. The Activity and Exemption Summary (AEX) screen will be updated with the 'SHD' approved requirement code, start date and end date. These details are viewable on the Short Course Details screen. A link to this screen is accessible via the Participation Summary screen.

In situations where Services Australia retains the delegation for approving a short course and a customer approaches the agency directly to apply for a short course approval, the customer will be asked to complete a 'Request for short course approval (SS362)' form. Services Australia will consider suitability of the course under current guidelines and must confirm enrolment before coding the course details in the Short Course Details screen, which will then auto-populate the 'SHD' requirement code with the start and end dates on the AEX screen.

Code

Literals

BVP

Bereavement

CRE

Cultural or religious objection

DEA

Death

DFN

Did not finish

FPC

Failed to attend participation contact

FTE

Found full-time employment

INC

Incapacitated

JUR

Jury duty

LAD

Language difficulties

LAW

In lawful custody

MOV

Moved to different location

MPA

Moved to closer activity

MPC

Major personal crisis

MSA

Move to more suitable activity

PTE

Found part-time employment

SC

Successful completion of activity

SKA

Missing essential skills/abilities to participate

TNS

Transferred to new service

TRV

Travel in excess of 90 minutes to activity