Assessing the disability study load concession for ABSTUDY and ABSTUDY Pensioner Education Supplement (PES) 010-02080060

With the exception of the requirement to be undertaking a full time study load or 66% study load concession, does the student meet all other eligibility criteria for the:

• ABSTUDY Tertiary award
• ABSTUDY Masters and Doctorate award
• ABSTUDY Schooling A award, or
• ABSTUDY Schooling B Award?

The disability study load concession is only available for the above awards. These awards can include recipients of both ABSTUDY Living Allowance and ABSTUDY Pensioner Education Supplement (PES).

While general advice based on information provided by the student can be given over the phone, the student should be encouraged to test their eligibility in person, particularly in cases of discretionary decisions.

Consider the customer's eligibility for the ABSTUDY Part-time Award.

• Yes, go to Step 2
• No, the student is not eligible for a disability study load concession. Advise the customer of their review and appeal rights. Record details of discussion with student on a DOC. Procedure ends here.

Is the student undertaking at least 25% of the normal amount of full time study for their course?

• Yes, go to Step 3
• No, go to Step 15

Is the customer in receipt of, or claiming, ABSTUDY Living Allowance?

Customers are normally required to study a full time study load to qualify for ABSTUDY Living Allowance. However, if they are eligible for a disability study load concession, then they can qualify for ABSTUDY Living Allowance while studying at least 25% of the normal full time study load for that course.

• Yes, go to Step 8
• No, go to Step 4

For some ABSTUDY PES customers, there is no advantage to be gained by applying for the disability study load concession, their eligibility and rate of payment of ABSTUDY PES is not affected. It is important that the Services Australia does not advise customers to apply for the disability study load concession where they will gain no advantage by doing so.

However, for certain ABSTUDY PES customers, there is significant benefit to be gained by their applying for the disability study load concession.

The following steps will assist in determining if an ABSTUDY PES customer will gain advantage from the application of the disability study load concession.

Is the customer in receipt of one of the following payments:

- Disability Support Pension (DSP)

- JobSeeker Payment (JSP) or Youth Allowance (YA) with a Partial Capacity to work

- Department of Veterans' Affairs (DVA) Invalidity Service Pension

- DVA War Widow/er Pension, where the customer has a dependent child and receives a DVA Income Support Supplement due to permanent incapacity for work?

• Yes, the customer automatically qualifies for the full rate of ABSTUDY PES, provided that they study at least 25% of the normal full time study load for their course. These customers are not required to specifically apply for a study load concession. Go to Step 13
• No, go to Step 6

Is the customer in receipt of one of the following payments?

- Carer Payment (CP)

- Parenting Payment Single (PPS)

- JobSeeker Payment (JSP) or YA Principal carer (single)

- Special Benefit (SpB) as a sole parent, where the customer has a dependent child under 16 years

- Partner Service Pension in combination with Carer Allowance (SSA)

- DVA Defence Widow/er Pension, where the customer has a dependent child under 16 years

- DVA War Widow/er Pension, where the customer has a dependent child under 16 years, and is not receiving a DVA Income Support Supplement due to permanent incapacity for work

- Special Rate Disability Pension, where the customer has a dependent child under 16 years

- Weekly compensation under the Military Rehabilitation and Compensation Act, where the customer has a dependent child under 16 years

• Yes, there is no advantage for this customer in applying for the disability study load concession. The customer already qualifies for ABSTUDY PES if they are studying at least 25% of the normal full time study load for their course. The rate of PES they receive is determined by their actual study load, and is not affected by applying the disability study load concession. Go to Step 13
• No, go to Step 7

Customers in receipt of the following payments are normally required to study a full time study load in order to qualify for ABSTUDY PES. However, if they are eligible for a disability study load concession, then they can qualify for ABSTUDY PES while studying at least 25% of the normal full time study load for that course:

• JobSeeker Payment (JSP)
• DVA Partner Service Pension, where the partner is in receipt of DVA Invalidity Service Pension
• WA, where the customer does not have a dependent child who is not under 16 years
• DVA Defence Widow/er Pension, where the customer has a dependent child who is not under 16 years
• DVA War Widow/er Pension, where the customer has a dependent child who is not under 16 years and is not receiving a DVA Income Support Supplement due to permanent incapacity for work
• Special Rate Disability Pension, where the customer has a dependent child under 16 years
• Weekly compensation under the Military Rehabilitation and Compensation Act, where the customer has a dependent child under 16 years

As the application of the disability study load concession will be of benefit to them, ABSTUDY PES customers in receipt of the above payments should be encouraged to apply for the concession.

Note: although these ABSTUDY PES customers may qualify for a disability study load concession, their rate of payment of PES is determined by their actual study load and the qualifying payment they receive.

The student needs to provide evidence of their disability.

Is sufficient evidence of the student's disability available from previous records?

• Yes, go to Step 14
• No, go to Step 9

Evidence is required that the customer's disability is sufficiently severe to prevent him/her undertaking a full time (that is, at least 75%) study load. The nature of this evidence is dependent on the nature of the disability.

What is the nature of the customer's disability?

• physical, go to Step 10
• psychiatric, go to Step 11
• intellectual, go to Step 12

For a customer with a physical disability to be granted the 25% study load concession, Services Australia requires an appropriate medical practitioner (who has a detailed knowledge of the customer's physical condition) states in writing that:

• the customer has a substantial physical disability, and
• they cannot successfully undertake the normal amount of full time study in the course (75% of a full time load or more) because of that disability

When sufficient evidence of the student's disability has been provided, go to Step 14.

For a customer with a psychiatric disability to be granted the 25% study load concession, Services Australia requires that a medical practitioner specialising in psychiatry (not psychology) state in writing that:

• the customer has a substantial psychiatric disability, and
• they cannot successfully undertake the normal amount of full time study in the course (that is, 75% of a full time load of more) because of the disability

Note: if a statement is received from a medical practitioner who is not a psychiatrist, the statement can be accepted if there is a shortage of qualified medical specialists in the area. The statement must indicate that the medical practitioner has experience in treating patients with psychiatric conditions and that they are treating the patient due to a shortage in the area of medical specialists in psychiatry. There is an expectation that the condition be confirmed by a psychiatrist in the long term so the concession should not be granted for longer than one academic year without a statement from a psychiatrist.

When sufficient evidence of the student's disability has been provided, go to Step 14.

For a customer with an intellectual disability to be granted the 25% study load concession, Services Australia requires that a psychologist (who is registered with the Board established under the law of a State/Territory that registers psychologists) state in writing that:

• the customer is intellectually disabled, and they cannot successfully undertake the normal amount of full time study in the course (that is, 75% of a full time load of more) because of that disability

When sufficient evidence of the student's disability has been provided, go to Step 14.

There is no advantage to be gained by the student applying for the disability study load concession. Advise the student that there is no need for them to provide any information regarding their disability. Record advice given on a DOC.

• Update the Participation Status: field in Process Direct on the Customer Study Details (EDC) screen or in Customer First on the Education Course Details (EDC) screen to U50 (25-49% study load), O50 (50-74% study load) or FTS (75-100% study load) depending upon their actual study load
• The system will automatically determine the correct rate of ABSTUDY PES based on the actual study load and the qualifying payment type
• Record study details and advice given to the customer on a DOC

Procedure ends here.

The student is eligible for the disability study load concession.

• Advise the student accordingly and record advice given in a DOC
• Ensure that the Medical Condition Details (MC) screen has details of the student's medical condition. If the appropriate details are not recorded on the MC screen, then an error message of 'E14EP - for Participation Status of C25 or C50 medical condition is required' will appear on the Errors (SWE) screen in Process Direct or Assessment Warnings and Errors (AWE) screen in Customer First to prompt the user to record the details
• MC details may require coding in a separate activity. This will allow the MC screen to read the PSED date from the Customer Study Details (EDCH) screen in Process Direct or Education Details History (EDCH) screen in Customer First for exemption purposes. If this is the first medical exemption lodged, the Customer Study Details (EDC) screen in Process Direct or the Education Course Details (EDC) screen in Customer First must be coded first and the activity should be completed
• At new claim (or in reassessment action as applicable), update the Participation Status: field on the EDC screen depending on the customer's actual study load as follows:
• C25 for ABSTUDY PES where study load is 25 - 49%
• C50 for ABSTUDY PES where study load is 50 - 74%
• C25 for ABSTUDY Living Allowance where study load is 25 - 74%, or
• FTS for all students where study load is 75% or over

Procedure ends here.

The student is not eligible for a disability study load concession. Advise the customer of their review and appeal rights. For more information, see External review of ABSTUDY decisions. Record details of discussion with student on a DOC.

The student should be advised promptly, and in writing, so that they know ABSTUDY cannot be granted on reduced study load. This will allow the student to vary enrolment and study load, if appropriate.

While general advice based on information provided by the student can be given over the phone, the student should be encouraged to test their eligibility in person, particularly in cases of discretionary decisions.

Note: the customer's eligibility for the ABSTUDY Part time Award should be considered.

Procedure ends here.