Assessing independence when a customer is an orphan 001-04060050

If the customer is lodging a new claim check the claim form to establish whether the customer is stating that they are an orphan.

DSP

On the:

• Claim for Disability Support Pension (SA466), check Question 150
• Claim for a Disability Support Pension for a Terminal Illness (SA494), check Question 98
• Disability Support Pension Claim at age 16 (SA439), check Question 25

The preferred method to assess independence is to use the DSP New Claim and Service Update Assessment script.

YA

• Check Question 36
• Payment specific questions for YA online claims or check Independent/Homeless/Away From Home Details (NIH) screen for any still valid independence reasons.

Note: if both of the customer's natural or legally adopted parents are deceased, the customer may be independent irrespective of whether they are dependent or were last dependent on someone other than a parent.

The customer may be assessed as independent under other criteria if 1 parent is:

• deceased and the other cannot exercise their responsibilities (for example, they are missing), or
• deceased and the other parent's whereabouts is unknown

See Step 5 in Table 2 and the Resources page for scenarios.

Are the customer's natural or legally adoptive parents both deceased?

• Yes,
• Verification of the deaths may be required if this has not already been provided. This may take the form of death certificates, coroner's reports or any other document which confirms the death of parents (for example, a Social Work report from a State authority).
• If the customer has been in receipt of Double Orphan Pension (DOP), check the Child Task Selector (CHTS) screen and Child Double Orphan Pension (CHDP) screen for verification
• If they have not been paid DOP, the young person will need to supply death certificate/s, coroner's report or any document which confirms the death of their parents
  Note: young people such as refugees or those in crisis are likely to have great difficulty in obtaining official documentation. In these cases, a statement from the customer can be accepted as evidence to support their claim as an orphan along with any other information available to a Service Officer or Social Worker. If the customer holds a visa sub-class 117 Orphan Relative, this should be provided and scanned, together with the statement. This visa is subject to a Newly Arrived Resident's Waiting Period (NARWP)
• Go to Step 3
• No, the customer is not considered to be independent on these grounds. See Step 5 in Table 2

Has the customer subsequently been legally adopted?

• Yes, go to Step 4
• No, go to Step 5

If the customer has been legally adopted and both the adopting parents have subsequently died then the customer is independent on these grounds.

Are both of the legally adoptive parents now deceased?

• Yes, See go to Step 5
• No, the customer is not considered independent on the grounds of being an orphan, See Step 5 in Table 2

Is the customer currently in State care, or has State care ceased due to their age?

• Yes, see Assessing independence when a customer is in State care
• No, see Table 2

• For DSP, go to Step 2
• For YA, go to the Independent/Homeless/Away From Home Details (NIH) screen. Go to Step 3

To pay the independent rate, go to the Pensions Disability Information (PDI) screen, complete the following fields:

• Independent Living Code, key POR
• Event Date, key the commencement date for independence
• Source and DOR (Date of Receipt), key details

Go to Step 6.

The customer is considered to be independent and is therefore not subject to the Parental Means tests. It does not matter if they are receiving continuous support from another person or persons, even if the person(s) are acting as foster parents or long-term guardians.

Record details on system:

• While in the customer's record, go to the Independent/Homeless/Away From Home Details (NIH) screen by selecting the 'Homeless Dtls' option from the NSS Task Selection (NTS) screen, or key NIH in the Nxt field on the current screen
• in the ACT field, key the independent status IND
• in the Start Date field, key the commencement date
• in the Start/Reject Reason field, key POR

Is the customer a full-time student undertaking an approved scholarship course?

• Yes, key 'Y' in the field To update regional classification details, go to RLD. Go to Step 4
• No, for all other customers, go to Step 7

For information on coding the Regional Location Details (RLD) screen, go to Relocation Scholarship (RS) payment and coding.

Consider if the customer may be independent on other grounds. For example, if 1 parent is deceased and the customer cannot live with the other parent, consider the unreasonable to live at home (UTLAH) or parents cannot exercise responsibilities criteria for independence. See:

• Independence for YA customers
• Assessing payment rates and independence for DSP customers under 21 years, or
• Assessing independence when a customer's parents cannot exercise responsibilities

On the Accommodation (AC) screen record the customer's accommodation circumstances, ensure the Sharer Status field is keyed with something other than LWP (living with parents). See Completing the Accommodation Details (AC) screen and assessing Rent Assistance (RA).

The information recorded on the DOC should indicate the grounds on which the customer's claim for independence was granted/rejected and if rejected, the reasons for the rejection.

The DOC should also indicate whether the customer has been referred to the Social Worker for a UTLAH assessment.