Youth Allowance (YA) or ABSTUDY customer becomes partnered 102-05010040

When a YA or ABSTUDY customer becomes partnered, this can affect a number of payment specific entitlement issues such as the:

• assessment of the customer's independence, and
• application of the Parental Means Tests

This is in addition to general entitlement considerations, such as:

• the partner income and assets tests
• Rent Assistance, and
• rate of payment

Income support payment recipients who become partnered, or have a change in relationship status, (for example, de facto couple get married) must tell Services Australia within 14 days. The customer and partner may be required to complete a Partner Details (MOD P) form to advise they have become partnered.

There are circumstances when an assessment of the partner's details can occur without receipt of a MOD P, see Change in relationship status from single to partnered.

A YA or ABSTUDY customer may be considered independent and not subject to The Parental Means Test if they satisfy the criteria to be assessed as either a:

• member of a YA couple, or
• member of an ABSTUDY couple

A YA or ABSTUDY customer will be considered independent on the grounds of being a member of a couple if they are, or have ever been, married.

A YA customer will be considered independent if they lived as a member of a couple continually for 12 months, except in special circumstances where a duration of 6 months is accepted. For example:

• family and domestic violence
• left an abusive relationship
• death of a partner

An ABSTUDY customer is considered independent when they have been living as a member of a couple continually for 6 months. In determining the duration, the following factors will be considered:

• the continuity of the relationship, and
• the general factors considered when determining whether a person is a member of a couple, see Member of a Couple (MoC) and Separated under one roof (SUOR) assessments

Note: any periods where the young person or their partner were under the age of consent in the state where they were living, cannot be included when assessing a customer's independence.

A dependent YA or ABSTUDY customer cannot be considered to be a member of a couple with an independent customer for the purposes of means tests and rate of payment. Dependent YA/ABSTUDY customers should not be linked with independent customers until they both meet one of the YA/ABSTUDY independence criteria.

When customers are still dependent, a review activity should be created for:

• the day the couple will have been together for 12 months (for YA or 6 months for ABSTUDY), or
• the day the dependent customer will likely be considered independent for another reason (whichever is earlier)

The customers should then be linked at the point when both members of the couple are independent for YA/ABSTUDY purposes.

Note: when a customer and/or their partner are dependent, the partner's circumstances, (for example, income) will not be taken into account for either member of the couple.

Customers claiming or receiving YA or ABSTUDY are required to verify their relationship status as it impacts whether they are:

• considered independent (if other independent criteria are not met), or
• assessed under their parents' income if under 22 years of age

Verification may be in the form of an official marriage or registered relationship certificate for persons legally married or in registered relationships. Verification of a de facto relationship will vary on a case-by-case basis. Examples include lease agreement or joint bank statements, insurance policy, dependent spouse rebate or a statutory declaration from a third party.

Note: an official Marriage Certificate or Extract will be issued by the State or Territory Government (Department of Births, Deaths and Marriages). See Identity documents A to Z for document examples. A registered relationship certificate will be issued when the relationship is registered under the relevant Australian state or Territory law.

A dependent YA or ABSTUDY customer who is living as a member of a couple is still subject to the personal income test and parental means test. Once the customer becomes independent for any reason, including marriage or the duration of living as a member of a couple, they instead become subject to the personal and partner income tests.

If a YA or ABSTUDY customer is living with their partner, but is not considered to be living as a member of a YA couple, a review will be set up to assess their relationship at a later stage. The relationship will be assessed at 12 months after the couple started living together for YA customers, and 6 months after they started living together for ABSTUDY customers unless other circumstances exist which may result in either partner becoming independent earlier.

ABSTUDY customers who are in State Care are treated in the same way as dependent YA customers when they become partnered.

For Youth Allowance and ABSTUDY, if it appears a customer may be placed in unfair hardship by being assessed as partnered, it may be possible, due to the specific circumstances of the case, to treat the customer as a single person under Section 24 of the Social Security Act 1991 and 72.2.5.4 of the ABSTUDY Policy Manual.