Assessing racial discrimination for ABSTUDY away from home 010-02060140

Dependent ABSTUDY students are normally expected to live at home while studying. Under certain circumstances, however, they may have to live away from home and so become eligible for a higher rate of assistance. One of these circumstances is where there is evidence that the student has been subjected to racial discrimination of a serious and continuing nature at the local government schools.

Dependent schooling students studying by distance education or correspondence are not eligible for the Away from Home rate under the racial discrimination provision.

Approval on the basis of racial discrimination would only be given if and when all possible attempts to resolve the problem at the local level have proved to be unsuccessful. These attempts should be conducted with the help of school authorities, local Aboriginal Education Consultative Group (AECG) members, and/or local Parental and Community Engagement Program (PaCE) committee members.

A student seeking approval for Away from Home allowance due to being subjected to racial discrimination at their local government school will also need to establish that they cannot access any other government school with an appropriate year of study within reasonable travelling time, prior to approval of Away from Home rate.

Away from Home rate can be claimed:

• for new customers, via the ABSTUDY Claim (SY019), or
• for existing customers, via a statement (verbal or written) indicating the criteria under which they are seeking approval

Note: a student's eligibility on the basis of racial discrimination cannot be clearly established from the claim form without supporting documentation from another source.

When making an unfavourable decision, speak to the customer:

• explain the decision
• give them a chance to provide more information, and
• advise their review and appeal rights