Who is the ABSTUDY applicant and interim claims 010-02010030

Student circumstances

Scenario

ABSTUDY Schooling A Award

Maggie is 14 years of age and in Year 8. Maggie's parents, Jill and Robert, are separated and have a shared care arrangement.

Jill holds a current Health Care Card (HCC) and has been granted ABSTUDY Schooling A benefits for Maggie.

Robert receives JobSeeker Payment (JSP) and has lodged a claim for ABSTUDY Schooling A for Maggie.

As both parents are responsible for Maggie, they both qualify for ABSTUDY Schooling A benefits. The first to apply is the 'eligible' applicant. Therefore, Jill will retain the entitlement and the claim by Robert is rejected.

If another applicant lodges a claim for ABSTUDY Schooling A, it is not appropriate to cancel the current payment of an eligible customer.

ABSTUDY Schooling B Award - Boarding

Keylon is 13 years of age, in Year 7 and is planning to live away from home to complete secondary study.

Keylon's parents, Olivia and Nathan, are separated and have a shared care arrangement. Both live at different addresses in the same town.

Keylon is being assessed for the away from home rate based on the parental home address.

Both parents, are deemed suitable applicants for Keylon as they are both responsible for Keylon's care. It needs to be considered which parent/guardian would be the most beneficial for Keylon to have their Away from Home reason based off.

The first to apply is the 'eligible' applicant. Their home address will be assessed as Keylon's home address for the claim.

Nathan contacts first to apply for ABSTUDY Boarding. This means that Keylon's ABSTUDY will be assessed based on Nathan's living circumstances. If Keylon is not eligible for ABSTUDY based on Nathan’s circumstances, Olivia can claim to test eligibility.

Student in shared care and parents living under the same roof

Tobias is 14, in Year 8 and lives with both parents, Tessa and Marc, in the same house.

Tessa and Marc are separated but are living together under the same roof.

Tessa provides primary care to Tobias.

When parents are separated under the same roof, the parent with primary care and responsibility is taken to be the parent for ABSTUDY purposes.

Therefore, Tessa is considered the applicant for ABSTUDY.

Student circumstances

Scenario

ABSTUDY Schooling A Award

Maggie's parents have decided Robert should receive the ABSTUDY payment instead of Jill.

Jill contacts Services Australia to cancel the ABSTUDY benefit, allowing Robert to claim.

A claim by Robert can then be granted.

ABSTUDY Schooling B Award - Boarding

Keylon's parents have decided Olivia will now become the applicant for Keylon's ABSTUDY.

Nathan contacts Services Australia to cancel the ABSTUDY benefit, allowing Olivia to claim.

Keylon’s:

• ABSTUDY living away from home reason will be reassessed in a new claim, now based off Olivia's living circumstances
• home address will change to match Olivia’s

Student circumstances

Scenario

ABSTUDY Schooling B Award and student under 16

Jasmine turns 16 in 8 weeks' time and will be applying for ABSTUDY Schooling B Award.

Jasmine is dependent, completing Year 10 at a local high school and does not receive any other payments.

Jasmine is not an approved applicant for ABSTUDY as Jasmine is:

• under 16
• not independent
• studying secondary level studies, and
• not receiving a Commonwealth Government pension

The ABSTUDY claim needs to be lodged by an approved applicant.

Student circumstances

Scenario

School claiming ABSTUDY for a secondary boarding school student

Djarragun College contacted in Term 1 2019 to advise:

• they want to lodge a claim for ABSTUDY Boarding for a student, and
• the student’s name is Savannah, a 14-year-old, who started with the institution in Term 1 2019

Djarragun College advised that Savannah's parent/guardian (who would normally be the applicant for Savannah) were unable to lodge a claim on Savannah's behalf. This is due to:

• the family living in Aurukun, a remote community, and
• not having the facilities to contact and apply for ABSTUDY for Savannah

Djarragun College has:

• lodged a claim in the student's first term at the school
• provided reasons why the parent/guardian is unable to lodge the claim themselves
• accepted responsibility for obtaining a full claim

The interim claim can be accepted. Djarragun College will be considered the applicant until Savannah’s parents contact to lodge the full claim.

Note: Savannah’s Away from Home is still based on their parental/guardian home address. An applicant isn’t always considered their guardian.

Third Party applying for ABSTUDY for a secondary boarding school student

Hunter is 15, in Year 10 and is going to be living away from home to attend a boarding school. Nicky, who is Hunter's aunty, has contacted to apply for ABSTUDY Boarding on behalf of Hunter's parent/guardian.

Nicky advises Hunter has been living with them for the past 6 months. This is due to Hunter's parent/guardian:

• being in hospital with a serious illness, and
• not being able to apply for ABSTUDY for Hunter

Nicky will be the interim applicant and the claim can be accepted as Nicky:

• has temporary care of Hunter
• is able to complete both the student details and the parent/guardian details, and
• is able to make an informed declaration about Hunter's Aboriginal or Torres Strait Islander status

Note: Hunter’s Away from Home is still based on their parental/guardian home address. An applicant isn’t always considered their guardian.