ABSTUDY customer in State Care 010-02040060

A student or Australian Apprentice may be considered to be in State Care if:

• they are not living with a parent, and
• they are in the guardianship, care or custody of a court, a Minister or a Department of either the Australian, State or Territory Government, or
• there is a current direction from a court, Minister or Department placing the student or Australian Apprentice in the guardianship, care or custody of someone who is not their parent, or
• the student or Australian Apprentice stopped being in one of the above situations because of their age

A student or Australian Apprentice under a court, Ministerial or Departmental order or direction is considered to be in State Care regardless of their legal guardianship status.

Note: in general, Australian States and Territories provide the upkeep of children in their care until the child is 16 years old. Australian State and Territory governments retain a welfare responsibility for young people in State Care.

A student or Australian Apprentice may be considered to not be in State Care if they have left the carer's home to live in a government funded or subsidised refuge or residential care facility and the state/territory welfare department has not accepted ongoing responsibility for them.

Students or Australian Apprentices who are in State Care may be eligible for payments under the following ABSTUDY Awards:

• Schooling B Award, if either:
• they have reached 15 years of age, or
• they are under 15 years of age but meets the criteria for the Away from Home entitlements
• Tertiary Award or Masters and Doctorate Award, if either:
• they have reached the minimum school leaving age, or
• they are under the minimum school leaving age but meets the criteria for the Away from Home entitlements
• Schooling A Award

Note: Australian Apprentices may only qualify for an ABSTUDY payment under the Tertiary Award.

ABSTUDY customers in State Care are exempt from the Parental Means Test.

Where the student or Australian Apprentice is considered to be in State Care and is entitled to Living Allowance, it is paid at the following rates:

• if the carer receives a regular foster care or similar allowance, the standard rate of Living Allowance is payable; or
• if the carer does not receive a regular foster care or similar allowance, the Away from Home rate of Living Allowance is payable

Note: the above applies even where the student or Australian Apprentice meets the criteria for Away from Home entitlements. That is, a student in State Care is eligible for the Away from Home criteria and lives away from their carer, however as the carer receives a regular foster care allowance, the at home rate of Living Allowance is paid.

Students or Australian Apprentices who are 15 years or younger and who are entitled to Living Allowance are paid at the 16-17 year old rate.

The student or Australian Apprentice may also be exempt from the ABSTUDY Personal Income Test if they are under 16 years of age.

There is no category of independence based solely on a student or Australian Apprentice being, or having been, in State Care.

Instead, a customer in this circumstance applying for ABSTUDY may be considered independent under the Unreasonable to Live at Home (UTLAH). The customer may be considered independent if they meet following:

• has left the carer's home
• is living in a government funded or subsidised refuge or residential care facility, and
• the State/Territory Department has not accepted ongoing responsibility for the customer

A student or Australian Apprentice in State Care may be considered homeless if they meet all of the following:

• they have reached the minimum school leaving age
• have left the carer's home
• are living in a government funded or subsidised refuge or residential care facility
• the State/Territory Department has not accepted ongoing responsibility for the customer

These students or Australian Apprentices can be granted independent status based on the UTLAH criteria (homelessness). They must provide verification of their circumstances from the State/Territory Department.

Note: where the student is not considered to be in State Care and does not meet the UTLAH criteria or other independence categories for ABSTUDY customers, consider Youth Allowance (YA). See Assessing independence when a customer is in State Care.

Students or Australian Apprentices who qualify for ABSTUDY under this provision receive their allowances direct. For more details on who is the payee for students in State Care, see the Resources page in ABSTUDY Living Allowance.

A person usually ceases to be in State Care from the age of 18 years. If a foster care or similar allowance is paid to a carer to support a person in State Care, the allowance usually ceases from the person in State Care's 18th birthday. However, some State and Territory Governments continue to support people in State Care, including through payment of an allowance, after their 18th birthday.

When making an unfavourable decision, speak to the customer:

• explain the decision
• give them a chance to provide more information, and
• advise their review and appeal rights