ABSTUDY unreasonable to live at home (UTLAH) 010-02040050
If a child is in immediate danger or risk of harm you must act, and a delegate must call 000.
This document outlines how to determine if a student or Australian Apprentice can be considered independent for ABSTUDY because it is unreasonable for them to live at home. For students claiming TAP, eligibility under UTLAH provisions exempts them from providing parental income.
Child safe framework
Child safety is everyone's business. Services Australia sets out specific steps that must be taken. This is in line with a zero tolerance approach to harm of children.
If a staff member in the course of their duties observes behaviour which raises concerns about a child's safety:
- An immediate social work referral must be made where a child or young person is at risk of harm due to abuse, neglect or exposure to family and domestic violence. Wherever possible, this should be a warm Social work referral
- If a warm referral is not possible and the young person discloses they are in immediate danger or at serious risk of harm, a referral to police or the child welfare agency in their state/territory should be discussed with them
A delegated officer can make a Release of Information in the Public Interest request to the police or child welfare agency. This can occur without the child or young person's consent where there is a belief providing the information will lessen the threat to their health, life or welfare. See Risk identification and management of threats to the safety or welfare of a child.
Independence criteria
Students and Australian Apprentices applying for ABSTUDY may be considered independent if it is unreasonable to live at home (UTLAH). For further information on determining eligibility for independence on the grounds of UTLAH, see the Process page.
This category of independence is reviewable. The student or Australian Apprentice may no longer be considered independent if their circumstances change. Students and Australian Apprentices must notify any changes to their circumstances within 14 days of the change.
Tertiary Access Payment (TAP) customers
A UTLAH assessment is required for TAP claimants of any age, in circumstances where they cannot live at home due to extreme circumstances, including:
- extreme family breakdown or other similar exceptional circumstances
- where it would be unreasonable to expect the person to do so as there would be a serious risk to their physical or mental well-being due to violence. This includes family violence, child abuse, sexual abuse, neglect or other similar unreasonable circumstances, or
- where their parents are unable to provide the young person with a home because they lack stable accommodation.
Vulnerable Welfare Payment Recipient (VWPR) Income Management
Students and Australian Apprentices living in a location offering the VWPR measure of Income Management are automatically triggered if they are 16 years of age or over and receiving the unreasonable to live at home independent rate of:
- Youth Allowance (YA)
- Disability Support Pension (DSP), or
- ABSTUDY Living Allowance
They remain on Income Management while in receipt of the automatic trigger. Once becoming independent due to age, qualification ceases for the VWPR measure.
For more information, see Income Management for Vulnerable Welfare Payment Recipients (VWPR).
The Resources page contains links to forms and Office Locator. The References page contains links to the ABSTUDY Policy Manual and TAP Program Guidelines for VET and NUHEP students.
Related links
Risk identification and management of threats to the safety or welfare of a child
Independence for ABSTUDY customers
Reviews of independence for ABSTUDY
Unsupported under 16 year olds to be immediately referred to a Services Australia social worker
Review of ABSTUDY and Assistance for Isolated Children (AIC) Scheme decisions
Initial contact about a decision and the review of decision process
Request for an explanation or application for a formal review
Assessing and finalising claims for the Tertiary Access Payment (TAP)
Income Management for Vulnerable Welfare Payment Recipients (VWPR)