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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) 001-04030030



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Level 2 Policy Helpdesk

Relationship parent - definition

The definition of 'Relationship parent' and 'relationship child', in the Social Security Act 1991 refers to the interpretation of a child in the Family Law Act 1975. These definitions intend to include as parents both people in a same-sex or heterosexual relationship, where:

  • one of the people is the biological parent of the child
  • that person was in a relationship with the other person when an artificial conception procedure was carried out, and
  • the other person agreed to the procedure

In such cases, the child is a relationship child of the biological parent and the other intended parent.

Parents of children born under surrogacy arrangements, where a court has made an order that the child is their child, are also included in the definition of relationship parent.

YAL Homeless (HOM) grant reasons

Table 1

Reason code

Description

HDH

Serious family breakdown - long term domestic disharmony

HNH

No parental home

HOE

Other exceptional circumstances

HSR

Customer at serious risk

HUR

Historical display only

This code should not be used

YAL Homeless (HOM) rejection reasons

Table 2

Reason code

Description

RDH

Serious family breakdown - long term domestic disharmony - not supported

RFA

Failed to attend interview

RGS

Has Guardian support

RHM

Customer still living in parental home

RNH

No Parental home - not supported

ROE

Other exceptional circumstances - not supported

RPS

In receipt of Parental like support

RRE

Refuses to contact Parent/Guardian

RRH

Returned home

RSA

Sexual abuse - not supported

RSR

Customer at serious risk - not supported

RST

Supported by State/Territory

YAL Away from home (AFH) grant reasons

Table 3

Reason code

Description

AAL

An equivalent activity not available locally

ACA

Parental home not conducive to study/activity

ACV

Conversion of RCO AFY code (Auto Only)

ADI

Customer has a disability - isolated from special facilities

AEC

Away from home for exceptional circumstances

AET

Excessive travelling time

AIS

Parental home is isolated

AJP

Improved job prospects

AMA

Parents move out of the area

AMF

Parents move their principal home frequently

AOT

Other reasons

AST

Away from home in order to study full-time

Examples - continuous financial or other support

Table 4

Example of Support

Considered to be continuous financial or other support?

Young person receives a dependent rate of payment and significant additional financial support from a parent to support living independently.

Yes.

Basic needs are being met.

Parent agrees to go as guarantor on a lease for a young person.

No.

This demonstrates consideration for the young person's needs, but it does not, by itself, constitute continuous support.

Young person is estranged from parent but parent transfers $50 to young person's bank account each week.

No.

This amount is inadequate to meet young person's basic needs so would not be considered continuous support.

Young person's school fees are paid by Grandparent.

No.

Grandparent is not a parent and (if) Grandparent is not a guardian the money they pay for school fees does not constitute continuous support for the purposes of UTLAH.

Young person receives regular payment from a deceased parent's superannuation scheme or life insurance arrangement.

No.

The support that is considered for a UTLAH assessment is 'continuous support form a parent or guardian' and 'payment in the nature of income support from a government agency'. The superannuation or life insurance scheme is not considered to be a person or a government. Therefore, this support does not preclude payment of UTLAH. The income received, however, would need to be declared.

Young person inherits what used to be the parental home.

No.

Support from a deceased person does not constitute continuous support.

Parent visits young person and provides emotional support during time of illness.

No.

Emotional support is not considered to be continuous support.

Young person usually supports themselves, but parent helps out from time to time.

No.

Support is sporadic in nature, not continuous support.

Scenarios - no parental concern

Table 5

Scenario

Has 'No parental concern' been established for at least 2 years?

Young person advises has not had any form of contact with parent for 3 years. Another parent or third party verifies.

Yes.

Exempt from the requirement to contact parent.

Young person advises had a big fight with parent one 3 months ago when living with the parent and has not had any form of contact with the parent since that time. Another parent and third party verify.

No.

Contact with parent required.

Young person advises has not sighted parent or been contacted by parent for 10 years. The young person has been searching for and has recently located parent on Facebook. Parent responded after several 'friend requests' and there have been a few subsequent contacts. Parent never initiates contact but does respond briefly. Young person asked if could live with the parent, but request was denied. Another parent and third party verify.

Yes.

Exempt from the requirement to contact parent.

Young person has not sighted or had a conversation with parent for 8 years. Parent sends an SMS text message to young person on young person's birthdays and at Christmas. Parent has never written or phoned and has not responded to Facebook 'friend request' and has not given any indication of wanting to further the parent/child relationship. Young person has not attempted to phone parent as not confident the call would be well received. Parent frequently changes phones so young person is not sure of parent's phone number until receives the next SMS message. Young person does not know parent's whereabouts. Other parent states that parent one has been told that young person would be open to developing a relationship and has been encouraged to contact young person. Other parent states have made contact with parent one several times in the first few years after separation and once or twice in recent years, urging communication with the young person, but that parent one has not been responsive. Third party verifies.

Yes.

Exempt from the requirement to contact parent.

Young person advised has never had a conversation with parent. Parent does not support in any way and does not initiate contact. If young person and parent accidentally cross paths while out shopping or at a social event, (which happened once last year and 3 times the year before) they will smile at each other. They acknowledge their biological relationship but do not have a personal relationship. Other parent and third party verify that there has never been a relationship or any attempt by the parent to have a presence in the young person's life.

Yes.

Exempt from the requirement to contact parent.

Young person has never lived with parent one and not seen parent one for 3 years since young person moved towns with parent 2 and siblings. Parent one has written several times during the 3 years to invite young person to visit, or stay long term, but parent 2 forbids contact. Young person has regular Facebook communication with parent one in which they share stories about their respective lives, photos and jokes. Other parent states that parent one is not a part of young person's life. Third party has never met parent one and has no knowledge of a relationship between young person and parent one.

No.

Contact with parent required.

Young person says parent is homeless and address and contact details are unknown. Parent sometimes drops in to visit young person and phones from pay phones to keep in touch. From time to time when parent settled, parent invites young person over to visit. Get on well when they see each other, but parent has unstable accommodation, long-term mental health issues and no capacity to provide financial or practical support. Third party verifies. Young person is afraid that trying to contact parent will delay the assessment process.

No.

Contact with parent required.

Young person advises does not want to live with parent one as they are moody and horrible, and they can't communicate. Young person says parent one frequently invites young person to live with parent one but young person refuses. Young person says parent one only ever comes around to cause trouble with parent 2. Parent 2 agrees and says parent one has been trying for years to gain custody and will try anything to achieve this. Third party describes bitter marriage breakdown with both parents fighting over the children.

No.

Contact with parent required.

Young person states parent is violent, vindictive and mentally ill. Family was in hiding when recently separated from parent. Young person is terrified of Service Officer contact with parent. Parent likely to retaliate if learns that young person has discussed personal circumstances with Service Officer. Parent demonstrated extreme violence recently when young person's sibling claimed UTLAH and has threatened young person and family of more severe retribution if betrayed.

No.

Service Officer should discuss with social worker. Social worker likely to say contact should not be made due to serious risk.

Young person states parent is violent when intoxicated and is alcohol dependent - drinks every night. Other parent and third party confirm history of alcohol abuse and domestic violence. DVO provided as additional verification of violence. Young person is confident that the parent would never harm young person, but young person finds it distressing to witness abuse of others in the home and damage to property. Young person and violent parent have regular contact, meeting socially and via phone and Facebook.

No.

Service Officer should discuss with a social worker regarding contact. Social worker likely to say contact should not be made due to serious risk.

Young person states parent is moody, and that recent conflict became so intense that young person fears potential violence. Other parent and third party are not aware of violence or abuse in present or past relationships. They state young person gets on well with parent one when not living with parent one but confirm increasing intensity and risk of violence in the future, if young person were to return home to parent one. Young person and parent one have regular contact, meeting socially and via phone and Facebook.

No.

Contact with parent required.

Serious risk is not verified or demonstrated.

Young person states have not had any form of contact with parent for more than 2 years; does not know whereabouts or contact details and does not want parent contacted. Other parent states young person lived with parent one for 6 months last year but that the reunification was unsuccessful, ending so badly that young person is unlikely to ever again have contact with that parent. Third party confirmed young person lived with parent one for a period last year.

No.

Contact with parent required.

Young person stated has not had any form of contact with parent for at least 2 years. Neither another parent nor third party can verify. Both assumed that contact had continued since family separation 3 years ago. Young person says no one knows about the lack of contact in the parent child relationship.

No.

Contact with parent required.

Young person adamant will not live with parent one and called parent one names. Parent 2 expressed bitterness towards parent one, calling parent one names. Third party is parent 2's mother - called parent one names. Young person, parent 2 and third party want parent one excluded from the assessment because they despise parent one.

No.

Contact with parent required.

Young person described long-term, high-level conflict that persisted even after mediation and counselling with several services during the last few years. Young person has letters from youth services and counselling services that show total relationship breakdown with parent. Another parent and third party verify. All state that it would be pointless to contact parent one.

No.

Contact with parent required.

Young person states that parent moved overseas 18 months ago. No contact since. Parent will be too difficult to contact. Another parent and third party verify.

No.

Contact with parent required.

Template for DOA DOC

Fast Note used when holding UTLAH claims for contact from parents and third parties.

Extra details: PPE for UTLAH purposes.

Text: RESTRICTED ACCESS for the purpose of UTLAH assessment
DO NOT DISCLOSE INFORMATION
If (Name of Parent/s, Guardian/s, third party) contacts, go to Office Locator (region O18) to complete a warm handoff to the UTLAH team. If unsuccessful, create a Fast Note - select Auto Text, use Social Worker > Update > O18 UTLAH CALLDOC Enquiry

Keywords:! UTLCLM

Contact details

Workload Management Team

Student Portfolio positional mailbox, see Smart Centres Portfolio Operations - Youth Education and Employment

Office Locator - search for 'UTLAH'