Determining minimum and maximum age for Youth Allowance (YA) 010-06030010

To qualify for YA, customers must be within the minimum and maximum ages for YA.

The maximum age for YA varies depending on the young person's circumstances and whether they are a job seeker, full-time student or an Australian Apprentice.

Maximum age is considered to have been reached for YA if a:

• YA job seeker has reached 22 years of age, or
• young person is:
• at least 22 years old
• receiving JobSeeker Payment (JSP) just before starting the course, and
• undertaking a full-time course that is to last for less than one academic year
• YA full-time or concessional study load student or Australian Apprentice is at least 25 years old.
  Students who were getting YA just before turning 25 remain qualified for YA if they:
• have continued to study full-time, or an approved concessional study load since turning 25, and
• are studying any course they started before turning 25, even if it is not the same course they were getting YA for. See the Resources page for examples
• YA Australian Apprentice will retain qualification until the end of their continuous Australian Apprenticeship, even though this may occur after they turn 25. The young person must be undertaking an Australian Apprenticeship and getting YA when they turn 25 to continue to be entitled to YA

Continuing students can qualify for YA up to the day before their 25th birthday. To continue receiving a student payment after they turn 25, they would have to apply for Austudy for the new course

A student or apprentice getting YA on or after their 25th birthday will no longer qualify for YA if they need to make a new claim due to:

• taking a break from full-time study or their Australian Apprenticeship, and
• their YA cancels because of this break

Students and apprentices who take a break from study or training after their 25th birthday have met the maximum age for YA.

Minimum age is defined as:

• 16 years, or
• 15 years if the customer is:
• independent, and
• either above the minimum school leaving age for the state or territory in which they live, or formally exempt from attending school

Independent customers under 15 should claim Special Benefit if they are below the minimum school leaving age and do not have a formal exemption from attending school.

For customers under 18 one of the following must apply, they:

• agree to enter a Job Plan
• are a full-time Australian Apprentice
• are independent
• are approved for the away from home rate
• were receiving YA just before starting a full-time secondary course and transferred from YA (Other) or YA (Apprentice) to YA (Student)
• have completed Year 12 or an equivalent level of education (Certificate Level III or above)
• are exempt from the requirement to be in full-time study or training
• are not benefiting from Family Tax Benefit (FTB) being paid to their parent/guardian as determined by a Services Australia Social Worker. Note: if the parent/guardian does not qualify for FTB due to residence rules, Services Australia may consider the young person could not benefit from FTB, as it cannot be paid to the parents
• are undertaking full-time study or training in:
• an approved tertiary level course, or
• a secondary course at a special school or higher education provider

Note: ‘Secondary courses’, ‘secondary schools’ and ‘tertiary courses; are defined in the Student Assistance (Education Institutions and Courses) Determination. If the customer is undertaking a secondary course at a:

• special school or a higher education provider, the customer will meet the minimum age rules for YA
• secondary school, a TAFE institution or Registered Training Organisation, the customer will not meet the minimum age rules for YA. This is because Section 543A (2AA) of the Social Security Act, 1991 precludes 16 or 17 year old, full-time students from meeting the minimum age rules if they are studying at a secondary school or a TAFE institution only. The Student Assistance (Education Institutions and Courses) Determination also clarifies that Registered Training Organisations are to be regarded as TAFE institutions under the Act

The References page contains a link to the Student Assistance (Education Institutions and Courses) Determination.

For a customer to have met the minimum age requirements for YA at 15 years of age, they must be:

• independent, and
• above the minimum school leaving age in the state or territory in which they live, or
• have a formal exemption from attending school granted by the education authority for that state or territory. This should be supported by a letter from the state or territory education authority. Note: Australian Apprentices do not need a letter and should be considered to have a formal exemption

Many of the states and territories have a minimum school leaving age for completing Year 10. This means that the minimum school leaving age will be the age that the customer completes Year 10 secondary studies.

Customers who are 15 years old and do not meet these eligibility criteria should claim Special Benefit.

Full-time secondary students aged 16-17 years cannot be granted YA, unless they:

• were receiving YA just before starting a full-time secondary course and transferred straight from YA (Other) or YA (Australian Apprentice) to YA (Student)
• are a full-time student who meets the independence criteria for YA
• are a full-time student who is eligible for the away from home rate of YA, or
• are not benefiting from Family Tax Benefit (FTB) that is being paid to the young person's parents (as determined by a Services Australia social worker)

Note: customers claiming they are not benefiting from FTB payments made to their parents will need to lodge a statement outlining the reasons for this. Details of the statement are to be placed as a DOC with the claim, and unless the FTB recipient has agreed that the child is not benefiting from the FTB payments, a Service Officer consultation with a social worker is required to assist with the determination.

Secondary students who would not qualify for YA (student) as a 16 or 17 year old, are able to lodge a claim for YA up to 13 weeks before they finish year 12 (or equivalent) or turn 18 years of age.

A young person aged 16 or over may be an eligible FTB child but may have the option to claim a more beneficial payment in their own right such as YA. To identify the best option for the family, customers can use Payment and Service Finder. See the Resources page for a link.

Dependent full-time secondary students who are not benefiting from FTB being paid to their parents for them may be able to apply for YA. The Secretary must determine that the parent/guardian's use of money for purposes other than providing support to the young person is likely to result in them disengaging from education.

A social worker must make a determination about whether a young person is not benefiting from FTB being paid to the parents. The social worker will decide whether the circumstances experienced by the young person place them at risk if they do not receive YA directly.

If the parent/guardian does not qualify for FTB due to residence rules, Services Australia may be able to consider that the young person could not benefit from FTB, as it cannot be paid to the parents. These cases should be referred to the appropriate Level 2 Helpdesk.

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