Assessing independence for ABSTUDY customers 010-02040010

The student or Australian Apprentice cannot be considered to be a member of a couple if they are in a 'prohibited relationship' under Section 23B of the Marriage Act 1961.

See the References page for a link to the Act.

Is the relationship a 'prohibited relationship' under Section 23B of the Marriage Act 1961?

• Yes, go to Step 7
• No, go to Step 2

The student or Australian Apprentice and the partner must be over the age of consent in the State or Territory in which they live.

See the References page for a link to 'age of consent'.

Is the student or Australian Apprentice and their partner over the age of consent in the state or territory they live in?

• Yes, go to Step 3
• No, go to Step 7

Temporary separations and breakups interrupt the continuity of the relationship unless the student or Australian Apprentice can prove the continuous nature of the relationship during those separations. For example, short periods when a partner has had to move away for work.

Has the de facto relationship existed for a continuous period of at least 6 months?

• Yes, go to Step 4
• No, the student or Australian Apprentice is not eligible for independence as the de facto relationship is less than 6 months of age. Advise them that they can contact for reassessment when the de facto relationship reaches 6 months. Go to Step 7

The student or Australian Apprentice may be required to provide evidence to support their claim for independence due to being in a de facto relationship.

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

Does the student or Australian Apprentice's MS screen have DEF recorded in the Marital Status field?

• Yes, no further evidence will be required, go to Step 5
• No, further evidence will be required to support their claim for independence. Evidence must include:
• documentation indicating cohabitation such as joint bank accounts, rental agreements, electricity, and water or telephone accounts, and
• a statutory declaration signed by both parties
• advise the student or Australian Apprentice of the above and send a request for the documentation, see Requesting information (CLK)
• Go to Step 7

Check the evidence provided to determine if the student or Australian Apprentice meets eligibility for independence due to being in a de facto relationship for at least 6 months.

Has evidence been provided to support eligibility for independence due to being in a de facto relationship for at least 6 months?

• Yes, go to Step 6
• No, the student or Australian Apprentice is not eligible for independence due to being in a de facto relationship. If the relationship is less than 6 months, advise them they can contact for reassessment when it reaches 6 months. Go to Step 7

Student or Australian Apprentice meets eligibility for independence due to being in a de facto relationship for at least 6 months.

This category of independence is reviewable. This means the student or Australian Apprentice may no longer be considered independent if their circumstances change.

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

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

The student or Australian Apprentice and their partner must be linked to ensure the correct ABSTUDY rate is paid. See Change in relationship status from single to partnered.

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 8.

The student or Australian Apprentice is not eligible for grant of independent status for ABSTUDY on the basis they do not meet the criteria of being in a de facto relationship for at least 6 months.

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 Step 4 in Table 1
• referrals for other assistance, such as a social worker or Indigenous Service Officer, is required

Procedure ends here.

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 & Apprentices > Update > ABSTUDY Child Support Update
• Complete the details within the Fast Note. Select Confirm. Ensure the Fast Note remains open
• Procedure ends here
• No, procedure ends here

Does the student or Australian Apprentice currently have, or have they had, a natural, adoptive or relationship child who is a dependent child for ABSTUDY?

This includes a child given up for adoption, who died immediately after birth, was stillborn, or placed into the care of another person.

• Yes, go to Step 2
• No, go to Step 5

The student or Australian Apprentice may be required to provide evidence to support their claim for independence due to having, or having had, a dependent child.

To check if evidence is required, go to their record in Customer First:

• keying 'CHS' in Nxt field to go to the Child Selection (CHS) screen
• 'S'elect the child
• key !CHRE in the NXT: field or key S in the field next to Child Relationship

Does the Relationship drop down field display as either Parent (NAT) or Adoptive Parent (ADT)?

• Yes, no further evidence of having, or having had, a dependent child is required, go to Step 4
• No, go to Step 3

The student or Australian Apprentice must provide evidence to support their claim for independence due to having, or having had, a dependent child.

Evidence must include:

• they are the child's natural or legally adoptive parent, for example:
• the original birth certificate or certified extract of a birth certificate confirming they are the child's natural parent, or
• legal documentation confirming they are the child's adoptive parent
• the child has been wholly or substantially dependent on either the student or Australian Apprentice or the partner if the child was in the care of the partner at the same time the relationship existed

Note: if they have a child in their care but there is not enough evidence as above, they may meet independence because they have the care of another person's child. See Table 5.

Advise the student or Australian Apprentice of the above and send a request for the documentation, see Requesting information (CLK).

When evidence is provided, permanent independence can be granted based on them having, or having had, a dependent child.

Has evidence been provided to support granting independence due to having, or having had, a dependent child?

• Yes, go to Step 4
• No, the student or Australian Apprentice is not eligible for independence due to having, or having had, a dependent child. Go to Step 5

Student or Australian Apprentice meets eligibility for independence due to having, or having had, a dependent child.

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: PCH
• Start Date: key the later of:
• ABSTUDY start date
• date the student or Australian Apprentice became independent

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 6.

The student or Australian Apprentice is not eligible for grant of independent status for ABSTUDY on the basis they do not meet the criteria of having, or having had, a dependent child.

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 Step 4 in Table 1
• referrals for other assistance, such as a social worker or Indigenous Service Officer, if required

Procedure ends here.

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, Ensure the Fast Note remains open
• Procedure ends here
• No, procedure ends here

Cultural aspects of raising children in Indigenous communities means the care of children can often be shared among various members of the family. A student or Australian Apprentice must establish that the child is currently wholly or substantially in their care.

Note: if the dependent child is their natural, adopted or relationship child, the student or Australian Apprentice qualifies for permanent independent status. See Table 4.

Does the student or Australian Apprentice currently have care or custody of another person's dependent child?

• Yes, go to Step 2
• No, go to Step 5

Is the child currently wholly or substantially dependent on the student or Australian Apprentice?

For example, are they responsible for the financial care of the child?

• Yes, go to Step 3
• No, go to Step 6

Check the student or Australian Apprentice's record to see if they are receiving Family Tax Benefit (FTB) for the child.

To complete the check, in Customer First, go to the Child Selection (CHS) screen.

Is the child's name displayed on the CHS screen?

• Yes, and the FTB A and FTB B column is:
• Y, go to Step 5
• N, suggest the student or Australian Apprentice claim FTB for the child for the period they are caring for the child. Go to Step 4
• No, suggest the student or Australian Apprentice claim FTB for the period they are caring for the child. Go to Step 4

The student or Australian Apprentice must provide evidence to support their claim for independence due to having care or custody of another person's child.

Evidence may include:

• documentation confirming the student or Australian Apprentice is responsible for the financial care of the child
• confirmation of child care, kindergarten or school enrolment, indicating the caring responsibilities for the child by the student or Australian Apprentice
• confirmation from professional members of the community who have regular contact with the family, such as teachers, police, ministers of religion, accountants, lawyers or doctors
• other documents the carer can provide to support their care arrangements

Advise the student or Australian Apprentice of the above and send a request for the documentation, see Requesting information (CLK).

When evidence is provided, permanent independence can be granted based on having care or custody of another person's child.

Has evidence been provided to support granting independence due to having care or custody of another person's child?

• Yes, go to Step 5
• No, the student or Australian Apprentice is not eligible for independence due to having care or custody of another person's child. Go to Step 6

Student or Australian Apprentice meets eligibility for independence due to currently having care or custody of another person's child.

This category of independence is reviewable. This means the student or Australian Apprentice may no longer be considered independent if their circumstances change.

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

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

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 7.

The student or Australian Apprentice is not eligible for grant of independent status for ABSTUDY on the basis they do not meet the criteria of having care or custody of another person's child.

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 Step 5 in Table 1
• referrals for other assistance, such as a social worker or Indigenous Service Officer, if required

Procedure ends here.

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 & Apprentices > Update > ABSTUDY Child Support Update
• Complete the details within the Fast Note. Select Confirm, ensuring the Fast Note remains open.
• Procedure ends here
• No, procedure ends here

Has the student or Australian Apprentice been employed full-time (an average of 30 hours per week) for at least 18 months during any 2 year period?

• Yes, see Assessing independence when a customer is self-supporting through paid employment
• No, note any periods they were employed full-time in the last 4 years. For what can be included as full-time employment, see Table 1 on the Resources page. Go to Step 2

Is the customer an Australian Apprentice?

• Yes, go to Step 4
• No, go to Step 3

A student from a regional or remote area may qualify for independence if since leaving secondary school they have:

• been employed, and, within a 14 month period have total earnings of at least 75% of Wage Level A of the National Training Wage Schedule included in a modern award, or
• had part-time employment for at least 15 hours per week for at least 2 years

Does the student meet one of the above?

• Yes, the student may qualify for independence under the regional or remote area self-supporting criterion. See Assessing independence for full time or concessional study load students from regional and remote areas under the self-supporting through employment criterion
• No, go to Step 4

The student or Australian Apprentice must provide evidence to support their claim for independence where there is no evidence on their record.

Evidence may include:

• a statement from an employer certifying periods of full-time employment
• statements of earnings showing the periods of employment and indicating whether the employment was on a full-time basis
• a statement from an accountant or taxation agent indicating periods in full-time self-employment, or as a sporting professional
• a statement from a religious order detailing the periods they were supported by the order
• a statement from correctional authorities detailing periods spent in lawful custody
• medical evidence supporting illness or incapacity preventing employment

Advise the student or Australian Apprentice of the above and send a request for the documentation, see Requesting information (CLK). When evidence is provided, independence can be assessed.

Has evidence been provided for assessment?

• Yes, go to Step 5
• No, the student or Australian Apprentice is not eligible for independence due to workforce participation until evidence is provided for assessment. Go to Step 12

Check if the student or Australian Apprentice was:

• receiving income from a government authority (other than a Prescribed Education Payment), and/or
• registered as a full-time job seeker with Services Australia in last 4 years

For what defines receiving income from a government authority, see Table 1 on the Resources page.

Has the student or Australian Apprentice met one or both of the above for any period in the last 4 years?

• Yes, note any periods they were receiving income from a government authority and/or as a full-time jobseeker in the last 4 years. Go to Step 6
• No, go to Step 6

Check if the student or Australian Apprentice has been unable to work due to illness for any period in the last 4 years. For what defines unable to work due to illness, see Table 1 on the Resources page.

Have they been unable to work due to illness for any period in the last 4 years?

• Yes, note any periods they were unable to work due to illness in the last 4 years, go to Step 7
• No, go to Step 7

Check if the student or Australian Apprentice has been in lawful custody for any period in the last 4 years.

For information on what defines lawful custody, see Table 1 on the Resources page.

Has the student or Australian Apprentice been in lawful custody for any period in the last 4 years?

• Yes, note any periods they were in lawful custody in the last 4 years, go to Step 8
• No, go to Step 8

Check if the student or Australian Apprentice has been supported by a religious order for any period in the last 4 years.

For what defines being supported by a religious order, see Table 1 on the Resources page.

Have they been supported by a religious order for any period in the last 4 years ?

• Yes, note any periods they were supported by a religious order in the last 4 years, go to Step 9
• No, go to Step 9

Add the number of weeks the student or Australian Apprentice has accumulated in each of Step 1 and Steps 5 to 8.

Does this add up to a total of at least 156 out of the last 208 weeks?

• Yes, go to Step 10
• No, go to Step 12

Student or Australian Apprentice meets eligibility for independence through workforce participation.

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 via Next: field:

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

If the student is studying an approved scholarship course, code 'Y' in the To update regional classification details, go to RLD: field.

For more information on coding the Regional Location Details (RLD) screen, see Relocation Scholarship (RS) payment and coding.

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 11.

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 & Apprentices > Update > ABSTUDY Child Support Update
• Complete the details within the Fast Note. Select Confirm, Ensure the Fast Note remains open.
• Procedure ends here
• No, procedure ends here

The student or Australian Apprentice is not eligible for grant of independent status for ABSTUDY on the basis they do not meet the criteria of having care or custody of another person's child.

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

• Action: IND
• Start/Reject Reason: RFT
• Start Date: key the later of:
• ABSTUDY rejection date
• date they did not meet independence

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 Step 6 in Table 1
• referrals for other assistance, such as a social worker or Indigenous Service Officer, of required

Procedure ends here

The student or Australian Apprentice must provide evidence to support their claim for independence due to previous lawful custody.

Evidence may include:

• a statement from Corrective Services giving details of the period(s) of their imprisonment, or
• details of the periods and name(s) of corrective institution(s) for verification with Corrective Services

Advise the student or Australian Apprentice of the above and send a request for the documentation. See Requesting information (CLK). When evidence is provided, independence can be assessed.

Has evidence been provided to support granting independence due to previous lawful custody?

• Yes, if the student or Australian Apprentice is:
• under 18 years, and undertaking secondary level studies, go to Step 2
• 18 years or over, and undertaking secondary level studies, go to Step 3
• eligible for the ABSTUDY Tertiary Award, go to Step 3
• No, the student or Australian Apprentice is not eligible for independence due to previous lawful custody. Go to Step 4

Students undertaking secondary studies, who have previously spent at least 6 months in lawful custody prior to their 18th birthday, do not qualify for independence until they turn 18.

If the student:

• turns 18 within 12 months, the NIH screen can be coded from their 18th birthday. Go to Step 3
• does not turn 18 within 12 months, advise the student they will need to apply for independence under this category within 12 months of their 18th birthday. Go to Step 4

Student or Australian Apprentice meets eligibility for independence due to previous lawful custody.

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

• Action: IND
• Start/Reject Reason: PLC
• Start Date: key the later of:
• ABSTUDY start date
• date the student or Australian Apprentice became independent, for secondary students, this will be the date that they turn 18.

If the student is studying an approved scholarship course, code 'Y' in the To update regional classification details, go to RLD: field.

For more information on coding the Regional Location Details (RLD) screen, see Relocation Scholarship (RS) payment and coding.

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.

The student or Australian Apprentice is not eligible for grant of independent status for ABSTUDY on the basis they do not meet the criteria of previous lawful custody.

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 Step 7 in Table 1
• referrals for other assistance, such as a social worker or Indigenous Service Officer, if required

Procedure ends here.

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 & Apprentices > Update > ABSTUDY Child Support Update
• Complete the details within the Fast Note. Select Confirm. Ensure the Fast Note remains open.
• Procedure ends here
• No, procedure ends here

Is the student or Australian Apprentice 15 years of age or older?

• Yes, go to Step 2
• No, go to Step 6

Check the student or Australian Apprentice's record to determine if the Double Orphan Pension (DOP) was paid to a carer on their behalf. This information will display on the Child Double Orphan Screen (CHDP) screen in Customer First.

To access this information, in the carers record:

• select the student or Australian Apprentice's name from the Child Selection (CHS) screen
• select the DOP Circ in the far left column, or
• key CHDP in Nxt: field

Information will display advising if the carer was/is eligible or ineligible for DOP.

Has a carer received DOP on behalf of the student or Australian Apprentice?

• Yes, go to Step 5
• No, go to Step 3

An orphan is a person whose parent/s are either:

• deceased, or
• missing and presumed deceased

Note: in some circumstances, a customer may be considered to only have one parent. These students can be considered an orphan, when the one parent is either deceased or missing and presumed deceased. If a student's or Australian Apprentice's parent has been missing (whose whereabouts is unknown) for not less than 7 years, under common law the parent may be presumed dead. State or Territory laws may vary the length of time and/or conditions under which a person may be presumed dead.

See the Resources page for examples.

Does the student or Australian Apprentice meet the above definition of an orphan?

• Yes, go to Step 4
• No, go to Step 6

The student or Australian Apprentice must provide evidence to support their claim for independence due to being an orphan.

Evidence may include:

• a death certificate
• documentation from the Police, Missing Person's Register, Coroner, or Aboriginal/Torres Strait Islander organisation confirming a parent is deceased, or legally missing and presumed deceased
• historical information on the customer's record
• supporting documentation that demonstrates the customer is considered to only have one parent
• confirmation of the circumstances from state/territory welfare department
• confirmation from an Indigenous Service Officer (ISO) or Social Worker

Advise the student or Australian Apprentice of the above and send a request for the documentation. See Requesting information (CLK). When evidence is provided, independence can be assessed.

Has evidence been provided?

• Yes, go to Step 5
• No, the student or Australian Apprentice is not eligible for independence due to being an orphan. Go to Step 6

Student or Australian Apprentice meets eligibility for independence as an orphan.

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: POR
• Start Date: key the later of:
• ABSTUDY start date
• date the student or Australian Apprentice became independent

If the student is studying an approved scholarship course, code 'Y' in the To update regional classification details, go to RLD: field.

For more information on coding the Regional Location Details (RLD) screen, see Relocation Scholarship (RS) payment and coding.

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 7.

The student or Australian Apprentice is not eligible for grant of independent status for ABSTUDY on the basis they do not meet the criteria of an orphan.

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 Step 8 in Table 1
• referrals for other assistance, such as a social worker or Indigenous Service Officer, if required

Procedure ends here.

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 & Apprentices > Update > ABSTUDY Child Support Update
• Complete the details within the Fast Note. Select Confirm. Ensure the Fast Note remains open.
• Procedure ends here
• No, procedure ends here

Is the student or Australian Apprentice 15 years of age or older?

• Yes, go to Step 2
• No, go to Step 6

For ABSTUDY, traditional communities are only recognised in:

• Northern Territory
• Queensland
• South Australia, and
• Western Australia

To determine if a community qualifies as a traditional community, seek advice from a local Indigenous Service Officer (ISO) with responsibility for the community in question. Use Office Locator to find the local ISO. See the Resources page for a link to Office Locator.

If unable to contact the ISO, send an ABSTUDY Action Request Fast Note to the ABSTUDY Smart Centre Processing site:

• Use Fast Note - select Auto text, use Students, ABSTUDY & Apprentices > Update > ABSTUDY Action Request
• Include the following details:
• Student or Australian Apprentice applying for ABSTUDY under APM 38.7, Special Adult Status
• Unable to determine if community qualifies as a traditional community
• Name of community
• Please investigate if community qualifies as a traditional community and update Independence status accordingly
• Procedure ends here

Is the student or Australian Apprentice's permanent home in a traditional community?

• Yes, go to Step 3
• No, go to Step 6

A person who has undertaken a traditional coming-of-age ceremony and has Special Adult Status has a customary obligation to live independently of family once initiated.

Living independently of family means they reside in separate accommodation and are financially independent.

Is the student or Australian Apprentice living independently of their family in the traditional community?

• Yes, go to Step 4
• No, go to Step 6

The student or Australian Apprentice must provide evidence to support their claim for independence due to having Special Adult Status in a traditional community.

Evidence may include:

• a written statement signed by an elder responsible for the coming-of-age ceremony within the community, confirming the student or Australian Apprentice has undergone and completed a traditional initiation ceremony sanctioned and recognised by Aboriginal and Torres Strait Islander elders, and
• a written statement from the student or Australian Apprentice confirming they live independently in the community and are not supported financially by their family

Advise the student or Australian Apprentice of the above and send a request for the documentation, see Requesting information (CLK). When evidence is provided, independence can be assessed.

Has evidence been provided?

• Yes, go to Step 5
• No, the student or Australian Apprentice is not eligible for independence due to having Special Adult Status in a traditional community. Go to Step 6

Student or Australian Apprentice meets eligibility for independence due to Special Adult Status in a traditional community.

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: PCM
• Start Date: key the later of:
• ABSTUDY start date
• date the student or Australian Apprentice became independent

If the student is undertaking an approved scholarship course, key 'Y' in the To update regional classification details, go to RLD: field.

For more information on coding the RLD screen, see Relocation Scholarship (RS) payment and coding.

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 7.

The student or Australian Apprentice is not eligible for grant of independent status for ABSTUDY on the basis they do not meet the criteria of Special Adult Status in a traditional community.

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 Step 9 in Table 1
• appropriate, referrals for other assistance, such as a social worker or Indigenous Service Officer

Procedure ends here.

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 & Apprentices > Update > ABSTUDY Child Support Update
• Complete the details within the Fast Note. Select Confirm. Ensure the Fast Note remains open
• Procedure ends here
• No, procedure ends here

Is the student or Australian Apprentice 15 years of age or older?

• Yes, go to Step 2
• No, go to Step 11

Check if the student or Australian Apprentice's parent(s) cannot exercise their parental responsibilities.

Identify if each of their natural, adoptive or relationship parents, or parent if they only have one parent, is:

• in prison and 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, or
• missing and all reasonable attempts to locate or contact them have failed

Do any of the above conditions apply to each of their natural, adoptive or relationship parents, or parent if they only have one parent?

• Yes, go to Step 3
• No, go to Step 11

The student or Australian Apprentice must provide evidence to support their claim for independence due to their parents being unable to exercise parental responsibilities.

Using personal information from a parent's record to assess their child's independence is acceptable.

Evidence required if the parent is:

• serving a prison sentence or remanded in custody for at least 14 days:
• a statement from Corrective Services giving details of the period(s) of their imprisonment, or
• details of the periods and name(s) of corrective institution(s) for verification with Corrective Services, see Confirming prison admission and release dates
• in a nursing home, hospital or similar institution:
• verification from the nursing home, hospital or similar institution confirming the duration of the parent(s) stay
• mentally incapacitated for an indefinite period of time:
• medical evidence from the treating doctor or specialist, stating 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 parental responsibilities
• unable to be located:
• official documentation confirming the parent(s) is missing or whereabouts are unknown

The student or Australian Apprentice may apply under the unreasonable to live at home category where the parent(s) are incapacitated temporarily and cannot provide a home. See ABSTUDY unreasonable to live at home.

Advise the student or Australian Apprentice of the above and send a request for the documentation, See Requesting information (CLK). When evidence is provided, independence can be assessed.

Has evidence been provided supporting eligibility for independence due to parents cannot exercise their parental responsibilities?

• Yes, go to Step 4
• No, if:
• the student or Australian Apprentice parent(s) are missing and all reasonable attempts to locate or contact them have failed, go to Step 5
• not in the above circumstance, the student or Australian Apprentice is not eligible for independence due to parents cannot exercise their parental responsibilities. Go to Step 11

Is the student or Australian Apprentice claiming independence as their parent(s) are missing and all reasonable attempts to locate or contact them have failed?

• Yes, go to Step 5
• No, go to Step 9

If the student or Australian Apprentice cannot provide evidence:

• Advise them that Services Australia will attempt to locate their parent(s)
• Obtain information from them to help with identification searches of their parent(s). For example, date of birth, other names, last known address or last employer
• Explain the privacy rules. See Accepting and disclosing information

Try to locate the parent(s) by:

• Contacting relatives who may know where the parent(s) are
• Attempt to locate the parent's record in Customer First. This is permitted under the privacy rules as the record is being accessed for the purpose of assessing a claim from a third party

Note: If a record is found, no information is to be shared with the student under privacy rules

Have the parent(s) been located?

• Yes, and the parent(s) is/are:
• deceased, go to Step 8
• not deceased, go to Step 6
• No, go to Step 7

The student or Australian Apprentice's natural, adoptive or relationship parent(s), or if they have only one parent, that parent has been located.

The student or Australian Apprentice may be eligible for independence if their parent(s) 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

Do any of the above apply?

• Yes, go to Step 9
• No, go to Step 11

If the parent(s) cannot be located, the student or Australian Apprentice is eligible for independence due to their parent(s) being unable to exercise parental responsibilities.

If the parent(s) have a history of going missing, consider the period they have been uncontactable and the likelihood of return. See Resources page for an example

Go to Step 9.

The student or Australian Apprentice is not eligible for independence under the category their parents cannot exercise parental responsibilities. However, they may be independent as an orphan.

Consult with a social worker before discussing the death of a parent(s) with a student or Australian Apprentice.

Go to Step 11.

Student or Australian Apprentice meets eligibility for independence due to their parents being unable to exercise parental responsibilities.

This category of independence is reviewable. This means the student or Australian Apprentice may no longer be considered independent if their circumstances change.

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

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

If the student is studying an approved scholarship course, in the To update regional classification details, go to RLD: field, code Y.

For more information on coding the RLD screen, see Relocation Scholarship (RS) payment and coding.

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

Is the eligibility period of independence foreseen?

• Yes, go to Step 10
• No, go to Step 12

If granted independence under these criteria and the period of their eligibility can be foreseen, set a manual review and a Display on Access DOC.

For example, if there is the likelihood the parent(s) will be released from prison or discharged from a hospital or nursing home.

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

• Service Reason: ABY
• Review Reason: REV (Manual Review)
• Due Date: parents expected date of release from hospital/nursing home/prison or no longer be missing
• Source: INT
• Date of Receipt: today's date
• Notes: 'Independence eligibility to be reviewed. Granted due to parents being unable to exercise parental responsibilities. See OB 010-02040010.'
• Keywords: ACTABY and ABYRES
• 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.

In Customer First, create a Display on Access DOC using the Fast Note Guided Procedure. Include information such as:

• Independence grant reason
• Period of eligibility
• Reason for that period

Go to Step 12.

The student or Australian Apprentice is not eligible for grant of independent status for ABSTUDY under the category their parents are unable to exercise parental responsibilities:

• If they are under 16 years of age and not living in the parental home, refer the unsupported person now to a Services Australia social worker
• Consider whether they are independent on other grounds. See Step 10 in Table 1
• If appropriate, refer them for other assistance, such as social worker or Indigenous Service Officer

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

Procedure ends here.

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 & Apprentices > Update > ABSTUDY Child Support Update
• Complete the details within the Fast Note. Select Confirm, Ensure the Fast Note remains open.
• Procedure ends here
• No, procedure ends here

The student or Australian Apprentice must provide evidence to support their claim for independence due to returning to live in an Indigenous Australian community after being adopted or fostered.

Evidence may include a statement from:

• an Indigenous Australian community organisation
• a well-known and respected person of the Indigenous Australian community, or
• the relevant state or territory authority

The statement must confirm the student or Australian Apprentice:

• was adopted or fostered into a non-Indigenous family, or
• were subject to removal from their biological family by government, religious or other similar organisations, and
• placed with a non-Indigenous family for a period of 2 years or more, and
• have returned to live within an Indigenous Australian community

Advise the student or Australian Apprentice of the above and send a request for the documentation. See Requesting information (CLK). When evidence is provided, independence can be assessed.

Has evidence been provided supporting independence due to returning to live in an Indigenous Australian community after being adopted or fostered?

• Yes, go to Step 2
• No, go to Step 3

Student or Australian Apprentice meets eligibility for independence due to returning to live in an Indigenous Australian community being adopted or fostered.

This category of independence is reviewable. This means the student or Australian Apprentice may no longer be considered independent if their circumstances change.

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

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

If the student is studying an approved scholarship course, code 'Y' in the To update regional classification details, go to RLD field.

For more information on coding the RLD screen, see Relocation Scholarship (RS) payment and coding.

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 4.

The student or Australian Apprentice is not eligible for grant of independent status for ABSTUDY under the category returning to live in an Indigenous Australian community after being adopted or fostered.

If appropriate, refer them for other assistance, such as social worker or Indigenous Service Officer.

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

Procedure ends here.

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 & Apprentices > Update > ABSTUDY Child Support Update
• Complete the details within the Fast Note. Select Confirm. Ensure the Fast Note remains open
• Procedure ends here
• No, procedure ends here