Assessing independence when a customer's parents cannot exercise responsibilities 001-04060080

If a parent is deceased and the other parent is unable to exercise their responsibilities, the customer may have been paid Double Orphan Pension (DOP). Check the Child Task Selector (CHTS) screen and Child Double Orphan Pension (CHDP) screen for evidence that this is the case.

If the customer is claiming a payment, check the independence question in their claim to see if the customer is stating that their parent(s) cannot exercise parental responsibilities.

• Youth Allowance (YA)
• For YA claims, check responses to the Independence question set
• Check details from the Independence link in Customer First Workspace > Youth for any independence reasons that may still be valid
• Disability Support Pension (DSP)
• Claim for Disability Support Pension (SA466), check Question 152
• Claim for a Disability Support Pension for a Terminal Illness (SA494), check Question 98
• Disability Support Pension Claim at age 16 (SA439), check Question 27

Note: for DSP claimants, the preferred way to assess independence is to use the DSP New Claim and Service Update Assessment script.

If a customer has natural or adoptive parents who cannot exercise parental responsibilities, they may still be independent if they are or were dependent on someone other than a parent.

This assessment is not required if the customer can be assessed as independent under the State care category, see Assessing independence when a customer is in State care.

This may apply to customers that are:

• claiming, or in receipt of Youth Allowance, and
• have requested an independence assessment because their parent cannot exercise their parental responsibilities, and
• are currently in State care, or
• are no longer in State care because of their age

Ask the customer for more details to find out why their parent(s) cannot exercise their responsibilities.

If their parent:

• is in prison, go to Step 3
• is living in a nursing home, or mentally incapacitated to the extent that they cannot exercise their responsibilities, go to Step 4
• cannot be located by the customer, see Table 2

If none of the above apply, consider if the customer meets other YA independence criteria. Procedure ends here.

To verify, ask the customer for details of the parent's imprisonment and check these details with corrective services or other relevant authority. For more information, see Confirming prison admission and release dates.

Is the customer's parent serving a prison sentence or remanded in custody for at least 14 days?

• Yes:
• If this is their only parent independence can be granted, see Step 7 in Table 2
• If they can live with their other parent, go to Step 6
• No, the customer is not independent on these grounds. See Step 6 in Table 3

If the parent is in a nursing home or mentally incapacitated to the extent that they cannot exercise their parental responsibilities:

• Verify the circumstances with the nursing home. For a mentally incapacitated parent, try to contact the hospital or institution
• If unable to verify over the phone or the parent is not hospitalised or institutionalised, request medical evidence such as a report from the treating doctor or specialist. The report should state:
• the nature of the illness
• how it affects their ability to care for their children, and
• the period the parent is unable to exercise their responsibilities
• Determine the duration of:
• the parent's stay in the nursing home, hospital or institution, or
• their mental incapacity
• If necessary, seek help from the Service Support Officer (SSO) or Social Work Services

Personal information from a parent's DSP claim can be used to assess their child's independence if it is reasonable and necessary to do so.

• If this only applies to one parent, determine if the customer can live with their other parent, go to Step 6
• If the parent(s) cannot exercise their responsibilities on a permanent or indefinite basis, see Step 7 in Table 2
• If the parent can exercise responsibilities but has a temporary illness, the customer is not independent on these grounds. See Step 6 in Table 3

Do any of the following apply to the other parent?

• Is in prison
• Is living in a nursing home, or mentally incapacitated to the extent that they cannot exercise their responsibilities, or
• Cannot be located by the customer

Note: the above must be assessed using the same criteria and verification as described in the previous steps.

• Yes, the above circumstances apply to both parents, independence can be granted, see Table 3
• No, consider other YA independence criteria, or if unreasonable to live at home criteria may apply. The customer is not independent on these grounds. See Step 6 in Table 3

Ask the customer if they (or others) have tried to locate the parent.

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 along with any other information available to a Service Officer or social worker.

The action taken at this point will depend on the customer's circumstances.

Has the customer, or others, tried to locate the parent(s)?

• Yes, record on a DOC what attempts have been made. For example, electoral rolls, enquiries made with other relatives
• No, start working with the customer to try to locate the parent(s)

In all cases where a customer is claiming independence because they do not know where their parent(s) is/are, it is necessary to try to locate the parent.

Tell the customer that Services Australia will try to locate parent(s). Obtain enough information from the customer to identify the parent(s), e.g. date of birth, other names, last known address. If the parent(s) can be found, they are not missing and the customer cannot be independent for this reason.

If the customer indicates an extreme breakdown in their relationship with their parent(s):

• Ask them whether they may contact the parent(s) (if located) to discuss an Unreasonable to live at home (UTLAH) assessment
• Discuss with the customer:
• whether or not they give permission for their contact details to be disclosed to parent(s)
• whether or not they consider it is unreasonable for them to live with their parent(s) if located
• explain privacy rules to customer. See Accepting and disclosing information

Ensure all of this information is recorded in a signed statement from the customer.

Try to locate the parent(s) by:

• checking the electoral roll, or
• looking for a record of the parent on the Services Australia system. This is allowable under the privacy rules because the record is being accessed to assess a claim made by a third party

Are parent(s) located?

• Yes, and they are alive, the customer cannot be independent on these grounds
• Tell the customer, taking into account privacy provisions and the fact that this information may cause the customer distress
• If preferred, consult with the social worker about how to tell the customer their parent is not missing
• Go to Step 4
• No, go to Step 6

DSP customers aged between 18 and 20 are not considered independent on these grounds. See Step 6 in Table 3.

If a record is found but the parent(s) are deceased, the customer cannot be considered independent on these grounds. Consult with a social worker about how to discuss this with the customer. The customer may be independent as an orphan. See Step 6 in Table 3.

For all other customers, who indicate an extreme family breakdown or have had no contact with their parent(s) within the last 2 years, once a parent is located, the claim for independence automatically becomes a claim for Unreasonable to Live at Home (UTLAH).

• For customers under 18, go to Step 5
• If the customer is 18 or older, issue them the forms needed to enable a UTLAH assessment. Refer them to the UTLAH Over 18 (O18) Team. See Unreasonable to live at home (UTLAH) initial contact
  Note: if the customer is present and advises they do not have a working phone, attempt to contact the O18 team for an interview immediately
  Procedure ends here

If the customer is under 18, they must be interviewed by a social worker. Book an appointment in the Centrelink Appointment System by selecting the Book and Manage Appointments workflow in Customer First. To book a Social Work (UTLAH) appointment:

• in the Appointment Type field, select SWO Unreasonable to Live at Home
• in the Service Reason field, select the payment type
• the Appointment Channel field defaults to Phone. Check the correct phone number is displayed

Issue the customer with a MOD Y - Unreasonable to Live at Home (UTLAH) form if they have not already completed one.

Tell the customer a social worker will discuss their circumstances with them and make a decision about independence. Encourage the customer to return the MOD Y as soon as possible. This will help the social worker make a prompt assessment.

Procedure ends here.

The customer may be assessed as independent. If the parent has a history of going missing, consider the period they have not been contactable and the likelihood of return.

Has independence been approved?

• Yes, go to Step 7
• No, go to Step 6 in Table 3

For YA customers, see Table 3.

For DSP customers, see Step 3 in Table 3.

If independence has been rejected, go to Step 6.

If independence has been granted, and updates are being completed:

• within a new claim, the independence, homeless and away from home details will display on the My Circumstance screen
• outside the claim, select the independence link under the Youth heading in Workspace

On the Independence/Homeless/Away From Home details (NIH) screen, key:

• ACT field, key the independent status 'IND'
• Start Date field, key the commencement date for independence
• Start/Reject Reason field, key 'PPG'

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

• Yes, go to Step 2
• No, finalise the activity on the Assessment Results (AR) screen. Go to Step 4

The customer may be entitled to a Relocation Scholarship.

For help with coding, see Relocation Scholarship (RS) payment and coding.

Note: for YA student online claims, see Assessing and coding student and Australian Apprentice claims for YA.

Go to Step 4.

In the following fields:

• Event Date, key the start date for independence
• Independent Living Code, key 'PPG'
• Source and DOR (Date of Receipt), complete details

Note: in Process Direct, the descriptor for code PPG is 'Parents in gaol, asylum' but this code is also used where any of the 'parent cannot exercise responsibilities' criteria is met (per above). For example, in nursing home, mentally incapacitated, missing etc. The reason must be clearly recorded in the DOC.

A review for when the parent is due for release from prison or hospital is required. This will ensure the customer does not continue to be paid at the independent rate after their parent has resumed their responsibilities.

Note: there is no automatic review for customers granted independence on these grounds (as there is for UTLAH).

In Customer First, create a manual review on the Activity Registration (AYR) screen and complete the fields as follows:

• Service Reason: YAL or DSP
• Activity Type: REA
• Source: INT
• Date of Receipt: today's date
• Review Reason:
• For YAL - YAR (YAL Dependent Review)
• For DSP - MAN (Manual Assessment Entitlement)
• Resubmit Date:
• For YAL - if the parent will be released within the next 6 months, check if parental income and assets have been provided on the claim form:
  If there are no parental income details, code the review 14 days before the expected date of release to allow time to collect this information
  If parental income for the correct financial year is on the record, code the review for 2 or 3 days before the date of release
• For DSP - date parent is due for release from prison or hospital. If release is more than 12 months in the future, code the review for 12 months as parent may be released early
• Action: MAN (Manual Assessment Review Ent)
• Action Date: as per Resubmit Date
• Keywords: !NHIUPD and PPG
• Proceed With Activity?: N
• Transfer to Region: SNN
• Notes: 'Customer granted Independence as parent cannot exercise responsibilities. Review circumstances and return to OB 001-04060080 to action.'

The review will mature on the Resubmit Date coded in the AYR activity. Workload Management will allocate the review for manual action.

If the claim has been granted and the customer meets all the following:

• is aged 16-19 and in full time secondary study
• has been assessed as independent because parents are unable to exercise responsibilities due to being:
• in prison or a nursing home, or
• mentally incapacitated
• has not been assessed as independent under UTLAH grounds

Check if a current child support assessment exists. See Maintenance Income Test (MIT) for ABSTUDY and Youth Allowance (YA) for details.

If there is a current child support assessment, create a Fast Note - select Auto Text, use Generic > Update > Child Support - Action Req'd.

For YA customers, if independence has been rejected, delete any provisional coding on the NIH screen and record outcome in a DOC.

For DSP customers, if independence has been rejected, key the following on the Pensions Disability Information (PDI) screen:

• Event Date field, key the rejection date for independence
• Independent Living Code field, key 'UTN' (Independence not approved)
• Source and DOR (Date of Receipt) fields, complete details

The information recorded on the DOC should indicate:

• the grounds on which the customer's claim for independence has been granted/rejected
• if rejected, the reasons for the rejection
• whether the claim has been referred to the social worker or the O18 team for the UTLAH assessment

If rejected, consider other grounds for independence. See Independence for YA customers or Assessing payment rates and independence for DSP customers under 21 years.

Note: if a customer has received Crisis Payment and a change has occurred, a manual reassessment of Crisis Payment may be required. For more information, see Reviewing and reassessing Crisis Payment (CrP).