Aboriginality or Torres Strait Islander status for ABSTUDY 010-02030030

During the ABSTUDY claiming process, Aboriginality or Torres Strait Islander declaration is made either:

• online
• verbally, or
• in writing

Has the student or Australian Apprentice completed a declaration confirming they are an Australian Aboriginal or Torres Strait Islander person?

• Yes, go to Step 2
• No:
• The student or Australian Apprentice does not meet the Aboriginality or Torres Strait Islander status criterion for ABSTUDY eligibility
• Direct them to other appropriate Centrelink administered payments for students or Australian Apprentices
• Record decision on a DOC. Procedure ends here

Is there uncertainty as to a student or Australian Apprentice:

• Aboriginality or Torres Strait Islander status, and
• meeting the Aboriginality or Torres Strait Islander criterion for ABSTUDY eligibility?

Note: the use of information displayed on a student or Australian Apprentice's Other Contact Details (OCD) screen to determine Aboriginality or Torres Strait Islander status or eligibility to receive ABSTUDY, is not acceptable. The OCD screen is a data-gathering tool only and must not be used for any other purpose.

• Yes, go to Step 3
• No, the student or Australian Apprentice meets the eligibility criterion for Aboriginality or Torres Strait Islander status. Procedure ends here

Uncertainty of a person’s Aboriginal or Torres Strait Islander heritage may be considered offensive.

Preliminary investigations should only be initiated where there is uncertainty about whether a student or Australian Apprentice meets all parts of the Aboriginality or Torres Strait Islander criterion.

Investigations may be initiated when the Agency is uncertain due to any of the following:

• Advice from a third party
• Receipt of information
• Substantial doubt

Staff need to:

• email the details to an ABSTUDY Smart Centre Team Leader (TL) for a preliminary investigation
• place the claim activity on hold (if one has been received)

An ABSTUDY TL must conduct the preliminary investigation.

To assist in determining a student or Australian Apprentice's Aboriginality or Torres Strait Islander status the TL may contact:

• an Indigenous Service Officer (ISO)
• an Aboriginal and Torres Strait Islander community group or organisation, for example Indigenous Medical/Health Centres and Housing Co Operatives
• local Schools who have Community Education Counsellors or Indigenous Liaison Officers
• other government departments/agencies, for example Health, Housing and Justice
• Indigenous staff in the processing teams to utilise their local knowledge

Where the student or Australian Apprentice's Aboriginality or Torres Strait Islander status cannot be verified, a formal investigation will be required. The student or Australian Apprentice must then provide evidence of their Aboriginality or Torres Strait Islander status.

Is a formal investigation required?

• Yes, go to Step 5
• No, go to Step 12

A mandatory process must be followed to implement a formal enquiry.

An initial letter of advice must be issued to the applicant. See the Resources page for a link to the letter template. The letter must be sent by registered mail advising:

• the student or Australian Apprentice's Aboriginality or Torres Strait Islander status has been queried
• the applicant must contact the ABSTUDY TL within 4 weeks of the date of receiving the letter to indicate whether the query is to be contested and if they will provide evidence of the student or Australian Apprentice's Aboriginality or Torres Strait Islander status
• if the query is to be contested, the applicant must provide acceptable evidence to prove the student or Australian Apprentice's Aboriginality or Torres Strait Islander status within 1 month of the date of receiving the letter, and
• failure to respond to the letter or provide evidence will result in loss of ABSTUDY assistance

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

• Service Reason: ABY
• Review Reason: ABR (Aboriginality Review)
• Due Date: 43 days from the date the initial letter is sent
• Source: INT
• Date of Receipt: today's date
• Notes: 'Letter of advice issued to applicant xx/xx/xxxx. The student or Australian Apprentice's Aboriginality or Torres Strait Islander status has been queried. See OB 010-02030030 to action.'
• Keywords: ACTABY and URGENT
• Workgroup: leave blank
• Position: leave blank
• Transfer to Region: ABS

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

Determine how the student or Australian Apprentice's benefits will be affected during the course of the investigation, depending on the circumstances.

If ABSTUDY assistance has:

• started for the year, continue the payment of benefits
• not started for the year:
• reject the ABSTUDY claim OTH (other)
• Send a Q999 letter advising their claim cannot be granted at this time as further information is required. The letter must be sent with the request to provide evidence of Aboriginality or Torres Strait Islander status

Any letters/documents from Chairpersons, Councillors and Community Organisations, to support a student or Australian Apprentice's Aboriginality or Torres Strait Islander status must contain the letterhead/seal of the organisation.

Note: an extension of time, or direct contact with the applicant may be made at the discretion of the ABSTUDY TL in the event of issues such as remoteness.

Has the applicant responded to the letter within 1 month of the date of the initial advice to advise their intent?

• Yes, and
• acceptable evidence has been provided to establish Aboriginality or Torres Strait Islander status, go to Step 12
• they wish to contest the query and will supply evidence of the student or Australian Apprentice's Aboriginality or Torres Strait Islander status, go to Step 8
• they do not wish to contest the query. Aboriginality or Torres Strait Islander status is not established. Go to Step 10
• No, Aboriginality or Torres Strait Islander status is not established, go to Step 10

Has the ABSTUDY TL determined that an extension of 1 additional month should be provided to allow an applicant to provide acceptable evidence?

• Yes, an extension of up to a month can be granted to provide the acceptable evidence. Update the Due Date field on the RVR screen. On receipt of the evidence, go to Step 9
• No, request the evidence be supplied by the original due date. On receipt of the evidence, or when the review is to be finalised, go to Step 9

At the conclusion of the review (which may be after the additional one month extension), has acceptable evidence been provided?

• Yes, and Aboriginality or Torres Strait Islander status can be established, go to Step 12
• No, and Aboriginality or Torres Strait Islander status cannot be established, go to Step 10

Note: the review should be finalised 2 months after the initial letter was sent.

A student or Australian Apprentice's Aboriginality or Torres Strait islander status is not established and the ABSTUDY customer is receiving payments.

Remove the Indigenous identifier from the Other Contact Details (OCD) screen on the student or Australian Apprentice's record, if recorded.

Process Direct

• Go to the Other Contact Details (OCD) screen
• Select Edit next to the top line
• In the Change other contact Details screen update the Indigenous Identifier to N- NO
• Select Save
• Key the Receipt Date and Channel. Select Save
• Go to the Benefit Action (BA) screen
• Select Add. In the Create Benefit Action window update the following fields:
• Benefit Type Code: select ABT or ABY
• Benefit Action: select REJ - REJECT
• Reason: select NAB - NOT AN ABORIGINAL
• Date of Effect will auto complete
• Select Save
• Select Assess and address any errors/warnings
• Select Assess
• Select Finish. Record details of the update
• Select Finalise
• Finalising the transaction may raise an overpayment of all ABSTUDY entitlements received
• Go to Step 11

Customer First

• Go to the Benefit Action (BA) screen. A warning message will display on the Aboriginality Confirmation (EPAW) screen. After reading the warning, proceed by coding 'Y'
• Reject the ABSTUDY claim on the BA screen with a reason of Not an Aboriginal (NAB)
• Raise an overpayment of all ABSTUDY entitlements received
• Go to Step 11

• Tell the applicant:
• the decision and the reason for the decision
• the effect on entitlement, including overpayment result, and
• their review and appeal rights
• Direct the applicant to other appropriate Centrelink administered payments for students or Australian Apprentices where relevant
• Record the details of the decision in a Note/DOC on the student or Australian Apprentice's record
• Remove the Indigenous identifier from the OCD screen on the student or Australian Apprentice's record, if recorded

Procedure ends here.

Where the status is established:

• if benefits have started, continue benefits uninterrupted
• if benefits have not started, check the other general ABSTUDY eligibility criteria have been met. If so, begin benefits and make back-payment (if applicable)
• if a formal investigation has been undertaken, advise the applicant in writing of the decision and the effect on entitlement
• record details on a Note/DOC on the student or Australian Apprentice's record with the outcome of the investigation