Assisting a customer aged under 16 003-08030080

Special Benefit (SpB)

A young person who is an Australian citizen or holds a permanent visa may be eligible for SpB if the parent or guardian they live with:

• is a non-permanent resident, and
• is not qualified for income support payment or Family Tax Benefit (FTB)

Customers under 16 may be eligible for SpB if they are:

• not in the care of a parent or guardian, or
• not receiving continuous support

This is because they are unable to financially provide for themselves.

Youth Allowance (YA) or ABSTUDY

Customers under 16 may be eligible for YA or ABSTUDY if they are:

• above the minimum school-leaving age for the State or Territory where they live, or
• formally exempt from school

• Yes, and the parent or guardian is:
• a non-permanent resident who does not qualify for payment, see SpB for children who are Australian Citizen Children (ACC). Procedure ends here
• a citizen or permanent resident who meets the residence requirements for FTB, explain that FTB is the most appropriate payment. See Eligibility for FTB for individuals. Procedure ends here
• No, go to Step 3

To be eligible, a person under 16 years of age must:

• be over the minimum school leaving age for the State or Territory where they live, or
• have a formal exemption from attending school

Does the customer meet the above criteria?

• Yes, help the customer:
• claim ABSTUDY if they are a full-time student who identifies as Australian Aboriginal or Torres Strait Islander
• claim YA if they are a full-time student who does not identify as Australian Aboriginal or Torres Strait Islander
• claim YA if they are not a full-time student and are looking for work
• No, help the customer claim SpB

Go to Step 4.

First prepare to discuss the reason for referral. Gather all the relevant information and review the customer's record.

Relevant information about the customer's circumstances can include:

• What help is the customer is requesting?
• Have they disclosed any risk issues (for example, family conflict, family and domestic violence, risk of homelessness)?
• Who are they living with?
• Are they supported by a parent, guardian or potential Approved Care Organisation (ACO)?
• Are they engaged in full-time study/training?

To complete the referral, see Unsupported under 16 year olds to be immediately referred to a Services Australia social worker.

Procedure ends here.

The customer may not need an unreasonable to live at home (UTLAH) assessment if:

• they are either
• above the minimal school-leaving age, or
• formally exempt from school, and
• they have claimed Youth Allowance or ABSTUDY with evidence that they meet other independence criteria

Are the above criteria met?

• Yes, and UTLAH independence status will not provide the customer with a greater benefit, go to Step 2
• No, or UTLAH independence status will provide the customer with a greater benefit, go to Step 3

The customer does not need a UTLAH assessment, even though they are under 16 and not living with a parent or guardian.

This is because they meet other independent criteria for payment of YA or ABSTUDY.

Use the relevant grant/reject Fast Note to advise a UTLAH assessment is not required and request claim for payment to be processed. See Conducting a social worker unreasonable to live at home (UTLAH) assessment.

Address all risk issues and continue to support the customer through an offer of social casework, if accepted by the young person. Record all social work information and recommendations in Social Work Information System (SWIS) case notes

Procedure ends here.

Is the customer in supported State care and indicating that the support they are receiving is inadequate?

• Yes, go to Step 4
• No, go to Step 7

Start a Youth Protective Assessment referral to decide if the customer is receiving inadequate or insufficient support.

Note: adequate support is taken to be the provision of food, shelter, clothing and utilities that is sufficient enough to meet the needs of the young person. The delegate should use their discretion in deciding if the support is adequate taking into account the individual circumstances of the young person. The social worker should help the customer pursue a review of the support they believe is inadequate.

The State or Territory welfare authority should respond within a reasonable timeframe.

If they do not, proceed as if the customer is receiving inadequate State supported care.

A customer is generally not eligible for SpB if they:

• are under the guardianship, care or custody of a State or Territory authority, and
• refuse an offer of adequate care

This is because an alternative form of support is available. If there is any doubt, seek advice from the Level 2 help desk.

Is the social worker satisfied that the relevant welfare authority is providing or has offered the customer an adequate level of care?

• Yes, go to Step 5
• No, go to Step 6

Record the details of the level of care in a DOC on the customer’s record.

Social workers must also:

• determine if the customer needs additional support and offer a social casework referral if appropriate
• complete a Social Work report in SWIS with a clear recommendation as to payment eligibility

Note: SpB should only be granted if a state/territory welfare department is not providing adequate support or the young person needs to contribute to this support.

Complete the Fast Note: Auto Text > Social Worker > Claims > SW recommendation - SpB Under 16. This is to advise the processing team the payment recommendation.

Procedure ends here.

Record the details of the level of care in a DOC on the customer’s record.

Social workers must:

• Determine the level of support the young person receives, to assist processing staff to identify the correct rate of payment:
• Adequate support - SpB will not be recommended as the young person has a means of support
• Receiving support but the support is either inadequate or the young person is financially contributing to this support. In these cases, the young person will receive Aged under 18, at home YA rate
• Not receiving any support. In these cases, the young person will receive Aged under 18, away from home rate of YA
• Help the customer with any immediate risk issues and offer a social casework referral if appropriate
• Complete a Social Work report in SWIS. Include details of the State Care provided, the Level 2 Helpdesk response, and a recommendation as to payment eligibility
• Complete the Fast Note: Auto Text > Social Worker > Claims > SW recommendation - SpB Under 16. This is to advise the processing team the payment recommendation

Procedure ends here.

Referral to State/Territory welfare department

A youth protective assessment is required if young people are not in the care of a State or Territory Welfare Authority and they are:

• under 15 years of age, homeless or unsupported
• aged 15 to 17 years (inclusive) and considered to be at risk of abuse, serious harm or violence

The agency considers people under 15 years of age who have requested a UTLAH assessment as homeless and unsupported, regardless of their current living circumstances. A youth protective assessment is required for these customers.

The social worker should also refer the case to the appropriate State or Territory Welfare Authority if they have serious concerns about risk to siblings under 18 years.

Is a referral to a State/Territory welfare department necessary?

• Yes,
• See Social worker's role regarding Youth Protective Assessments
• If appropriate, offer the young person a referral to social casework
• Go to Step 8
• No, go to Step 8

Start the assessment of unreasonable to live at home.

Note: if the young person has claimed SpB, the social worker must consider an additional factor when assessing eligibility.

Assess the customer under UTLAH provisions. Also recommend whether to consider:

• the customer a dependent child of a suitable adult who provides care and will continue doing so, or
• an Approved Care Organisation can claim Family Tax Benefit (FTB)

Consider each customer’s situation. Do not assume they are a dependent child of an adult just because they live in the same home.

Third parties cannot be compelled to claim FTB on behalf of a customer. They must do so voluntarily. There may be times when the adult knows they will not qualify for FTB based on their income. The important factor for SpB eligibility is the nature and intent of the support provided to the young person. It is not necessarily the qualification for FTB.

If deciding that the young person is a dependent child of another adult or Approved Care Organisation, clearly outline the reasons for the decision in the UTLAH social work report.

If FTB is a suitable option, help with claiming.

Complete a Social Work report in SWIS with a clear recommendation as to payment eligibility.

Complete the Fast Note: Auto Text > Social Worker > Claims > SW recommendation - SpB Under 16:

• This is to advise the processing team the payment recommendation
• For more details, see Conducting a social worker unreasonable to live at home (UTLAH) assessment