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Assessing entitlement to the Long Term Income Support rate of Austudy for students or migrants studying English language courses 010-04040000

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Approximate calculation

The legislation lays down strict figures for the period on income support and the final decision must be correct, but in most cases the outcome will be clear cut, one way or the other. Instead of calculating the exact period, which may be time-consuming for each case, use this method to make an approximation before deciding whether a more precise count is required.

Student Programme Resource Tool

The  Student Programme Resource Tool  contains useful reference information and links. It includes:

  • Allowable Time Calculator
  • Distance Education & Private Provider Date Calculator
  • Long Term Income Support Calculator

Calculating method for an approximate 26 week requirement period

This table describes the steps to take to do an approximate calculation for a customer to be granted the higher income support rate of Austudy.

Table 1

Item

Calculation method for 26 week requirement period

1

Calculation

To calculate the time in receipt of an income support payment requirement, the 39 week period needs to be identified, before the 26 weeks in receipt of a qualifying payment can be counted.

Note: The unit of 'weeks' is legislated and therefore if a customer does not meet the 26 week requirement by one day, they may not be eligible. The 26 week period is accumulative and is not required to be continuous, within the 39 week period.

Identifying the 39 week period:

  • begin with the date immediately before the course or Australian Apprenticeship commences
  • with this date, subtract 39 weeks (273 days)

This is the 39 week period in which the customer must have received a qualifying payment to be considered for the LTIS rate.

Counting the 26 week requirement period:

  • with the 39 week period identified, count periods where customer has not received their qualifying payment.
  • if the customer has not received a qualifying payment for 13 or more weeks, the customer will most likely be ineligible for this higher rate of payment
  • if the customer has not received a qualifying payment for less than 13 weeks, the customer will most likely be eligible for this higher rate of payment

The following cannot be considered when calculating this 26 week requirement period:

  • where the customer has received no basic component of their payment or where the customer has received their supplementary payments only
  • periods when the customer has received the LTIS Student rate of payment

2

Calculation not required

The period of time on income support is not relevant when:

  • A customer's first language is a language other than English
  • The customer undertakes an approved English language course, as their second language

Examples - Requirements for LTIS rate

Table 2

Item

Description

1

Example 1

Oksana has been receiving JobSeeker Payment (JSP) for 4 months since arriving in Australia. English is her second language. Oksana enrols in a 1.5 year Certificate II in Spoken and Written English and lodges a claim for Austudy.

Oksana is eligible for the LTIS rate. The amount of time receiving JSP is not relevant as she qualifies for LTIS as a migrant studying an English language course.

2

Example 2

Josie receives the LTIS rate of Austudy for their Bachelor of Social Work, as they received Carer Payment for at least 26 of the 39 weeks before their course began.

Josie completes their end of course review in the lead up to completing the bachelor course. Joise advises that they will move into the 2 year Master of Counselling in the next available study period. While Josie continues to qualify for Austudy as a continuing/intending student, the LTIS rate ceases at the end of Josie’s bachelor course due to the end date that was coded on the RCO screen when the rate was granted.

Josie does not qualify for the LTIS rate for the Master of Counselling as they did not receive a qualifying payment for 26 of the 39 weeks preceding the start of the new course.

3

Example 3

Ben claims Austudy on 15 February 2023 for a 3 year course beginning on 27 February 2023.

Ben had been receiving JobSeeker Payment (JSP) since 9 September 2021, but JSP was cancelled on 19 December 2022 when Ben went overseas for a holiday.

The 39 week period prior to the course beginning starts on 31 May 2022. Ben has received JSP for 29 of the 39 weeks before the course began so qualifies for the LTIS rate.

Q999 letter

Format of all dates should be DD <name of month in full, no abbreviations> YYYY

Service Officers must use a new free text paragraph for each line of text and remove all unnecessary text including ( ) < > symbols

Include the appeal and privacy optional letter text and select Social Security Act as the legislation option.

Letter text:

Your Austudy payment has changed from <LTIS start date>. Your new payment details from payment date <delivery date of first fortnight with full 14 days at LTIS rate>:

Austudy <basic benefit amount $DDD.CC>

Plus Energy Supplement <amount $D.CC>

(if applicable, continue with a new line for each component beginning with ‘Plus’ followed by the component type, for example, Rent Assistance then amount)