Assessing continuity of study for ABSTUDY away from home rate 010-02060160

When looking at the ABSTUDY Away from Home rate, it is considered unreasonable to break continuity of study:

• at any time during a school or academic year, or
• if the State/Territory authorities regard continuity of schooling between years 9 and 12 to be at least highly desirable

Note: a student who qualifies under continuity of study provisions due to a change in circumstances during an academic year:

• will continue to qualify in subsequent years, and
• requires no further reassessment as long as they remain at the same school

Where the change in circumstance occurred during the long vacation break and the student is in year 7 or 8, they will not be eligible for continuity of studies.

If a student's independent school scholarship ceases, so does their prior eligibility for the Away from Home rate. They cannot continue to receive the Away from Home rate under the continuity of study provisions.

Example: A student has qualified for the Away from Home rate because they were receiving an eligible independent school scholarship, but the SES score for the school then reduced to less than 100 for the following year. They can remain eligible under the continuity of study provisions if they still hold the scholarship they were awarded.

Special continuity of study concessions apply to year 12 students who were receiving Living Allowance at the Away from Home rate until the end of the previous year. The intention of these concessions is to ensure these students are not adversely affected by a change in parental income.

They may continue to receive Living Allowance at the Away from Home rate until the end of the year or until they discontinue study in that year, if they:

• are undertaking year 11 or 12
• were receiving Living Allowance at the Away from Home rate until the end of the previous year
• continue attending at the same school, and
• would become ineligible for Living Allowance due to the application of the Parental Income Test

Example: John received full entitlement based on a Parental Income Test (PIT) exemption while one of his parents were in receipt of an income support payment. In March of John's year 12 studies, the parent obtained work. Therefore, John no longer qualified for a PIT Exemption. Due to base tax year income, John would lose all ABSTUDY income tested entitlements. Under special continuity provisions, John will continue to qualify for Living Allowance until the end of year 12.

Students who had not previously been approved for the ABSTUDY Away from Home rate may be eligible where:

• they remain enrolled in the same course at the same institution
• it would be unreasonable to break continuity of study, and
• as a result of a change in their circumstances or in policy, they will soon (that is, in less than 12 months) be eligible for the Away from Home rate

Example: Mary's father Denis is a soldier. The Army has told Denis that in 4 months the unit is going to move bases. Mary would not be able to move with the family and continue attendance at the current school. The State/Territory education authority confirms that it is highly desirable not to break study at this stage of Mary's schooling.

Due to Mary's impending need (within 12 months) to live away from the permanent home when Denis moves, Mary will be eligible for the Away from Home rate of ABSTUDY. That rate of payment would commence as soon as Mary moves out of her parental home (even if that is before Mary's family moves).

If a student's permanent home changes:

• so the conditions of travelling time between the permanent home and an approved education provider are no longer met, under continuity of study provisions:
• they may retain eligibility to some, or
• all of Away from Home entitlements
• to a location within reasonable travelling time or distance to the secondary school they attend:
• It would be expected they would return home to live in the family home, and
• Continue at the school as a day scholar
• The Away from Home rate of living allowance would cease as the need to board in order to access the school is no longer necessary, and
• Payment of School Fees Allowance may continue up to the limit of the entitlement for a student approved for Living Allowance at the away rate. See ABSTUDY School Fees Allowance (SFA) (Group 2)
• to a location that is within reasonable travelling time or distance of any government school:
• Offering an appropriate level of education for the student
• But not within reasonable travelling time or distance of the school they attend
• All the Away from Home entitlements continue. This is to ensure they can reasonably continue at the same school

Example: Jillian is undertaking a specialist agricultural studies course 300 kilometres from the family home. The family decides to move permanently to the same town as the college. Jillian can now cease boarding and return to live at home. Jillian then continues the course as a day scholar. Jillian is no longer eligible for the Away from Home rate because of residing in the family home. Jillian however, can retain access to Group 2 School Fee Allowance to continue study in the same course and assist with the costs of the course.

Example: Janelle's permanent home is at the remote Rawa community. The location of the nearest government school is 165 kilometres away at Newman. Janelle qualifies for Away from Home rate based on time and distance. Janelle attends year 8 at Como Secondary College in Perth while boarding at a student hostel nearby. Janelle's parents move permanently from Rawa to Port Hedland in July. The permanent home is now within reasonable travelling time or distance of a government secondary school. One that offers Janelle's year of study. Janelle continues to board and attend Como Secondary College. Janelle remains eligible for Away from Home rate, Living Allowance and School Fee Allowance for the rest of the year. This is because it is unreasonable to break continuity of study.

Where required to support a continuity of study claim, documentation:

• should be in the form of a statement from the applicant, and
• verified by an appropriate independent authority

Staff do not need to contact State/Territory education authorities to determine if studies are between years 9 and 12.

Note: documentation is not required when a student meets continuity in the same academic year.

If granting, rejecting or maintaining a claim for Living Allowance at the Away from Home rate, tell the customer to notify Services Australia, within 14 days, if their circumstances change.

A student who qualifies under continuity of study provisions due to a change in circumstances during an academic year will:

• continue to qualify in subsequent years
• not require further reassessment as long as they remain at the same school

To record the approval of Away from Home rate based on continuity of study, check and complete the following fields on the Independent/Homeless/Away From Home Details (NIH) screen.

• NIH screen - if there is a:
• Previous entry, the NIHS screen will display
• Current entry, it must be end-dated before entering a new line. Once end-dated, press [Enter] for a new NIH screen
• Action: field type AFH
• Start/Reject Reason: field, type APA
• Start Date: field, type the date from which the Away from Home rate is granted

Note: the End Date: End Reason: and Consent to Contact: fields are not required.