Assessing independence for ABSTUDY customers 010-02040010

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Description

1

Full-time employment

To be considered full-time in the workforce:

• A student or Australian Apprentice must have worked an average of 30 hours per week. Self-employment can be included where it was for at least 30 hours per week. This includes:
• Periods in receipt of Community Development Employment Projects (CDEP) wages
• Periods spent under an apprenticeship or full-time training agreement
• Periods of sick, maternity or recreation leave (excluding paid study leave)
• Periods a student or Australian Apprentice was overseas and in full-time employment
• Part-time work (less than 30 hrs per week) is not included unless the student or Australian Apprentice was registered for full-time work
• If a student or Australian Apprentice worked more than 30 hours a week, the excess hours are not attributed to the total number of hours
• If students or Australian Apprentices worked for their parents or family business/es, tax stamps or similar documentation must be provided to ensure they were a bona fide employee. A declaration from their parent is not sufficient

2

Receiving income from a government authority (other than a Prescribed Education Payment) and/or registered as a full-time job seeker with Services Australia:

• Time spent serving waiting periods is included provided the student or Australian Apprentice maintained registration with Centrelink, for example:
• Liquid Assets Waiting Period (LAWP)
• Income Maintenance Period (IMP)
• Australian residence requirements for payments
• Periods spent in receipt of income support payments from a government authority are included provided the student or Australian Apprentice was available for full-time work in Australia. The payment must be on the list of income support payments that can be counted for ABSTUDY independence
• Periods a student or Australian Apprentice was overseas but not in full-time employment, are excluded
• Registration with Centrelink but not available for full-time employment in Australia is excluded
• Registration with Centrelink where the student or Australian Apprentice undertook full-time primary or secondary study and school vacations are excluded
• Registration with Centrelink during periods where the student or Australian Apprentice was entitled to receive education assistance for a course approved for ABSTUDY or on paid study leave is excluded

3

Unable to work due to illness:

• Periods on sick leave from full-time employment can be included
• Periods in receipt of Carer Allowance, Disability Support Pension, JobSeeker Payment (incapacitated), Youth Allowance (incapacitated), an income support pension under the Veterans' Entitlement Act or assistance under the Commonwealth rehabilitation scheme are included
• Periods the student or Australian Apprentice was available for full-time work are included if supporting medical evidence indicates illness or incapacity prevented employment

4

Lawful custody:

• Lawful custody is time spent imprisoned in a corrective institution, a remand centre or a youth training centre
• If a student or Australian Apprentice has been imprisoned for a 6 month cumulative period or more, they may qualify as independent for ABSTUDY under the category lawful custody

5

Supported by a religious order

The student or Australian Apprentice must have been a member of a religious order or it is demonstrated they were supported by the order (such as, board and lodging).

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Description

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Independence status when relationship parent/s pass away

Beau's natural mother passed away before their first birthday.

Beau remained in the care of their stepfather (relationship parent). Beau's natural father is unknown.

Beau's stepfather has since passed away due to a terminal illness, Beau is eligible for independence due to being an orphan.

2

Independence status when one parent passes away

Alicia has been in the care of Deborah since birth. Alicia's natural father has had no contact since Alicia was 10 years of age. Deborah passed away 2 months ago.

Alicia would not meet independence due to being an orphan as Alicia's natural father is alive and known. As there has been no contact with Alicia's natural father, Alicia may test eligibility under the Unreasonable to Live at Home (UTLAH) criteria. See ABSTUDY unreasonable to live at home (UTLAH).

3

Independence status when only parent passes away

Sharlinda has been in the sole care of their mother, Tarryn, since birth. Sharlinda's natural father is unknown by Sharlinda and the family. Sharlinda is therefore assessed as only having one parent.

Sharlinda's mother passes away.

Sharlinda can be assessed as independent as an orphan due to their sole parent passing away.

4

Independence status when adopted parent/s pass away

Darren and Pete were adopted by Jerry.

Jerry recently passed away.

Darren and Pete meet the independent criteria of being an orphan as their sole adopted father Jerry has passed away.

5

Independence status when parent/s missing and presumed deceased

Tykia is a 17 year old student and had lived with their father since birth as their mother passed during childbirth. Last year, Tykia's father was declared 'missing and presumed dead' under common law, as 8 years ago Tykia's father went missing at sea.

Tykia can be assessed independent as an orphan because their remaining parent is missing and presumed dead.

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Description

1

Parent(s) have a history of going missing

When Leigh was 4 years old, their mother passed away. Leigh’s dad, Johnny, has raised Leigh as a single parent.

Over the years, Johnny has a history of going missing for periods of 6 months. During these periods Johnny has not been contactable and their whereabouts is unknown by Leigh and the extended family.

As Johnny has a history of going missing and being uncontactable, Leigh can be assessed as independent for 6 months from the date Johnny went missing.

A review will be coded for 6 months after this date and the independence is to be reviewed based on the circumstances at that time. If Johnny is still missing, the independence can be extended.

Leigh will be reminded at each point of contact that if Johnny return’s before the 6 month period, Leigh’s independence will need to be reviewed.