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Assessing independence for ABSTUDY customers 010-02040010




This document outlines how to determine if a student or Australian Apprentice can be considered independent for ABSTUDY on the grounds they are currently or previously married or in a registered relationship.

Student circumstances

Table 1

Expand table

Step

Action

1

Age

An ABSTUDY customer is considered independent if they are 22 years of age or older. This category of independence is permanent. Once granted the student or Australian Apprentice remains eligible for independent status for this claim and any future claims.

Is the student aged 22 years or older?

  • Yes, student meets independence. No updates required. The system will automatically grant independent status based on age from the customer's 22nd birthday or the ABSTUDY date of grant, whichever is the later. Procedure ends here
  • No, go to Step 2

2

Relationship status

An ABSTUDY customer will be considered independent if they are currently or previously married, or in a registered relationship.

Is the student currently or previously married or in a registered relationship?

3

De facto relationship

An ABSTUDY customer will be considered independent if they are in a de facto relationship for at least 6 months.

Has the student been in a current de facto relationship for at least 6 months?

4

Dependent child

An ABSTUDY customer will be considered independent if:

  • they have, or have had, a dependent child of their own, or
  • they have the care or custody of another person's child, and
  • the child is dependent on the student or Australian Apprentice

Does the student have, or have had, a dependent child in their care?

5

Workforce criteria

The student may qualify as independent if they met one of the following:

  • in the workforce for at least 3 of the last 4 years (156 of the last 208 weeks)
  • self-supporting through full-time paid employment, or
  • full-time or concessional study load students from regional and remote areas under self-supporting through employment

Does the student meet one of the above?

6

Lawful custody

An ABSTUDY customer will be considered independent if they have spent a total of 6 months or more in lawful custody.

Has the student or Australian Apprentice been imprisoned for a total of at least 6 months or more at a corrective institution, remand centre or youth training centre?

7

Orphan

An ABSTUDY customer is considered to be an orphan where their parent/s are either:

  • deceased
  • missing and presumed deceased

Note: students or Australian Apprentices who meet the conditions as an orphan can qualify as independent even when living with someone other than their natural, adoptive or relationship parent/s. This includes where another person is or has been, in receipt of an allowance intended for their upkeep, for example Family Tax Benefit (FTB).

Does the student meet the above definition of an orphan?

8

Special Adult Status

An ABSTUDY customer will be considered independent if they have Special Adult Status in an Aboriginal or Torres Strait Islander community that follows a lifestyle based on adherence to traditional coming-of-age ceremonies. The ceremony must be sanctioned by recognised Aboriginal or Torres Strait Islander elders of that community.

Does the student have Special Adult Status in a traditional community?

9

Parental responsibilities

An ABSTUDY customer will be considered independent if their parent/s cannot exercise their parental responsibilities which includes parent/s who are:

  • in prison serving a prison sentence or remanded in custody for at least 14 days
  • mentally incapacitated for an indefinite period
  • living in a nursing home or similar institution for an indefinite period
  • missing and all reasonable attempts to locate or contact them have failed

Are the student’s parents unable to exercise parental responsibilities?

10

Unreasonable to live at home (UTLAH)

A student or Australian Apprentice may be unable to live at the home of both their natural, adoptive or relationship parents (or if they have only one parent, that parent) because of one or more of the following reasons:

  • extreme family breakdown or similar exceptional circumstances
  • no parental concern from one or both parents
  • serious risk to their physical or mental wellbeing due to family and domestic violence, sexual abuse or similar unreasonable circumstance
  • their parents being unable to provide a suitable home due to a lack of stable accommodation
  • they are not receiving continuous financial or other support directly or indirectly from either a parent or guardian on a long-term basis

Is the student or Australian Apprentice unable to live at the home of either their natural, adoptive or relationship parents (or if they have only one parent, that parent) due to one of the above reasons?

11

Returned to live in an Indigenous Australian community

An ABSTUDY customer will be considered independent if they:

  • are 16 years of age or older, and
  • have returned to live in an Indigenous Australian community after being adopted or fostered by a non-Indigenous family for more than 2 years

Does the student or Australian Apprentice meet the above criteria?


ABSTUDY customer currently or previously married or in a registered relationship

ABSTUDY customer currently or previously married or in a registered relationship


Table 2

Expand table

Step

Action

1

Supporting documentation

The student or Australian Apprentice may be required to provide evidence to support their claim for independence due to currently or previously married, or in a registered relationship.

To determine if further evidence is required, in Customer First, go to the Marital Status (MS) screen.

Does the student or Australian Apprentice's MS screen have MAR, REG, or DIV recorded in the Marital Status field?

  • Yes, no further evidence is required. Go to Step 3
  • No, further evidence is required to support their independence claim. Go to Step 2

2

Documentation

Acceptable evidence to support claim:

  • original or certified copy of marriage certificate
  • legal documentation confirming marriage, or previous marriage
  • statement confirming the marriage within the community, signed by a recognised Aboriginal or Torres Strait Islander Elder responsible for cultural ceremonies, or
  • evidence confirming the registered relationship

Students granted independence are no longer exempt from the Assets Test. The student must provide details and verification of any income and asset changes where required.

Tell the student or Australian Apprentice of the above. Send a request for the documentation, see Requesting information (CLK).

Has evidence been provided confirming the student or Australian Apprentice is currently or previously married, or in a registered relationship?

  • Yes, go to Step 3
  • No, the student or Australian Apprentice is not eligible for independence under the married or registered relationship criteria. Go to Step 4

3

Coding independence details

Student or Australian Apprentice meets eligibility for independence due to previously being married, or in a registered relationship.

This category of independence is permanent. Once granted, the student or Australian Apprentice remains eligible for independent status for this claim and any other claims for ABSTUDY.

Complete the following fields on the Independent/Homeless/Away from Home Details (NIH) screen:

  • Action: IND
  • Start/Reject Reason: PBM
  • Start Date: key the later of:
    • ABSTUDY start date
    • date the student or Australian Apprentice became independent

If the relationship is still current, link the student or Australian Apprentice and their partner to make sure the correct ABSTUDY rate is paid. See Change in relationship status from single to partnered.

Note: the student’s income and assets must be confirmed and updated when granting independence. For assistance, see Coding income and assets for Centrelink payments and services.

Use Fast Note - select Auto Text, use Students, ABSTUDY & Apprentices > Update > IND Granted/Rejected > select Confirm. Complete the DOC outlining the reasons for grant.

Go to Step 5.

4

Independence status not met

The student or Australian Apprentice is not eligible for grant of independent status for ABSTUDY on the grounds of currently or previously married, or in a registered relationship.

Use Fast Note - select Auto Text, use Students, ABSTUDY & Apprentices > Update > IND Granted/Rejected > select Confirm. Complete the DOC outlining the reasons for rejection.

Consider if:

  • the student or Australian Apprentice is independent on other grounds. See Table 1 > Step 3
  • referrals for other assistance, such as a social worker or Indigenous Service Officer is required

Procedure ends here.

5

Determine if a current Child Support assessment exists

To check if an assessment exists for the student or Australian Apprentice, see Maintenance Income Test (MIT) for ABSTUDY and Youth Allowance (YA).

Is there a current Child Support assessment for the student or Australian Apprentice?

  • Yes:
    • Send an ABSTUDY Child Support Update Fast Note. Select Auto text, use Students, ABSTUDY and Apprentices > Update > ABSTUDY Child Support Update
    • Complete the details within the Fast Note. Select Confirm. Make sure the Fast Note remains open
    • Procedure ends here
  • No, procedure ends here