Unreasonable to live at home (UTLAH) initial contact for Youth Allowance (YA), Disability Support Pension (DSP), Special Benefit (SpB) or Tertiary Access Payment (TAP) 001-04030020
If a child is in immediate danger or risk of harm you must act, and a delegate must call 000.
This document outlines initial contact procedures for YA, DSP or SpB customers who may be assessed as independent if it is unreasonable for them to live at home with a parent. For students claiming TAP, eligibility under UTLAH provisions exempts them from providing parental income.
Child safe framework
If a staff member has concerns about a child or young person's safety, follow the risk identification and management of threats to the safety or welfare of a child.
Eligibility for independent status under UTLAH provisions
Young people may be considered independent for YA, DSP and SpB, or exempt from providing parental income for TAP, if they cannot live at the home of either or both parents because:
- of extreme family breakdown or similar exceptional circumstances, or
- it would be unreasonable to expect the young person to do so, as there would be serious risk to their physical or mental well-being due to:
- family and domestic violence
- child abuse
- neglect, or
- other similar unreasonable circumstances, or
- their parents are unable to provide the young person with a home because they lack stable accommodation
For more detailed eligibility criteria, see Assessing unreasonable to live at home (UTLAH) for customers claiming or receiving Youth Allowance (YA), Disability Support Pension (DSP), Special Benefit (SpB) or Tertiary Access Payment (TAP).
If a customer advises they want to test their eligibility for independent status under UTLAH provisions, Service Officers must check they are receiving, or have lodged a claim for, an income support payment or the Tertiary Access Payment (TAP). Follow standard procedures to assist the customer if they have not claimed a payment.
Students claiming TAP
Eligible TAP claimants of any age need a UTLAH assessment when they cannot live at home because of extreme circumstances. Follow the age based UTLAH processes in Table 2 to tell the customer how to progress a UTLAH assessment.
DSP customers
UTLAH provisions only apply to DSP customers aged 16 or 17 years. DSP customers aged 18 - 20 years are considered independent when living away from the parental home for any reason and do not need a UTLAH assessment.
Claiming UTLAH within 52 weeks of payment being cancelled
Some customers claiming YA, DSP, SpB or TAP will have their UTLAH decisions automatically re-applied where they:
- declare their circumstances have not changed, and
- are re-claiming within 52 weeks of last receiving a payment paid under a UTLAH independence category
See Table 2 on the Process page for more detail.
Payment while UTLAH assessment is in progress
YA and DSP can still be paid or granted at the dependent rate while a claim for UTLAH is being assessed.
Consider directing payments to the young person (instead of the parent) during the assessment of UTLAH. A claim for UTLAH may mean the payment is not being used for the customer's benefit. Speak with a social worker before changing payment destinations. See Payments to parents for under 18 year old Youth Allowance (YA) dependent customers.
Do not suspend or cancel payments pending a UTLAH decision. Only suspend or cancel the payment if the customer does not qualify for the payment.
Unfavourable decisions
The customer can appeal a decision that they do not meet the eligibility criteria for UTLAH independent status.
When deciding the customer does not meet the criteria, the decision-maker will try to speak to the customer to:
- explain the decision
- let them give more information relevant to the decision
- tell them their review and appeal rights
If a customer contacts the agency to disagree with a UTLAH decision, follow the agency's internal review process. See Initial contact about a decision and the review of decision process.
Vulnerable Welfare Payment Recipient (VWPR)
Customers will automatically go on the VWPR measure of Income Management if they are:
- living in a location offering VWPR, and
- 16 years of age or over, and
- considered independent due to UTLAH provisions
The Resources page contains a definition of a 'relationship parent', O18 contact details and links to Office Locator, Youth Allowance forms and Services Australia for customer online accounts.
Related links
Risk identification and management of threats to the safety or welfare of a child
Processing Youth Allowance (YA) (job seeker) claims
Independence for Youth Allowance (YA) customers
Assessing payment rates and independence for Disability Support Pension customers under 21 years
Assessing and Finalising claims for Tertiary Access Payment (TAP)
Recording accommodation details
ABSTUDY unreasonable to live at home (UTLAH)
Income Management for Vulnerable Welfare Payment Recipients (VWPR)
Risk identification and management of threats to the safety or welfare of a child