Commencement, cessation and coding of the away from home rate of Youth Allowance (YA) 010-06040140

Angela is 20 years of age and finished high school 2 years ago. Angela has been working full-time for the last 8 months as a casual but the job (the only job Angela has ever had) has now ended and so they decide to undertake full-time study at the local TAFE.

• Applying for YA, Angela is assessed as dependent, after falling $400 short of the employment income required to prove independence
• Angela shares a flat with 2 friends though there is room at home (which is a one hour bus ride from the TAFE)
• Classes started mid-February
• On March 1 Angela gets a part-time job paying $100 a fortnight

Angela is not initially eligible for the away from home rate of YA. Angela is a dependent student who does not have an approved reason to live away from home. By the end of April, however, Angela will have earned the $400 necessary to reach the required amount to prove independence. Once assessed as independent, Angela will be paid the away from home rate of YA.

• Shane is independent for YA purposes and is studying a 4 year Law degree at the University of Queensland in Brisbane. Shane lives with parent Mary in Cairns
• Shane is renting a house in Brisbane with 4 other people, and often goes home for the holidays but continues to pay rent in Brisbane

Shane will be paid the away from home rate of YA due to living away from home and being independent. Shane will continue to be paid this rate even when at home for the holidays as accommodation is being maintained elsewhere.

• In December, while Shane is at home with Mary, the house in Brisbane burns down

Shane is no longer maintaining other accommodation. As Shane is living with a parent, Shane no longer qualifies for the away from home rate of YA. This rate would cease on the date that the house burned down. It would not restart until Shane leaves home.

• Elizabeth is dependent for YA purposes. Elizabeth is studying a 3 year degree at Armidale. Elizabeth's parents live in Sydney and is renting a unit at Armidale
• At the end of the first year, Elizabeth decides not to continue paying rent over the holidays and gives up the lease on the unit
• Elizabeth doesn't start the second year of studies until March, but decides in early January to return to Armidale to find accommodation and get settled in before the course starts
• Elizabeth is a continuing student who has previously been granted the away from home rate, so will be entitled to the away from home rate from the day of moving out of home

Scenario 1

• Janice is staying at a residential college during university studies. At the end of the year, Janice moves belongings into the storeroom at the college with plans to return next year. Janice pays a holding fee so that a room will be reserved

Scenario 2

• Lois stays with an aunt free of charge during semesters but goes back to the parental home over the holidays. Many of Lois belongings are left at the aunt's but puts them all away in the wardrobe in case the aunt needs the room for other guests. Lois has free access to the room and belongings

The main issue here is access to the accommodation. While Janice is paying for a room to be held Janice does not have access to the room or property over the holiday period. Janice would not be considered to be maintaining accommodation. The away from home rate will cease from the date of returning to the parental home.

Lois, on the other hand, does have a room that can returned to at any time and so would be considered to be maintaining accommodation. The away from home rate would remain payable.

Note: there is no clear cut distinction between maintaining and not maintaining accommodation. Each case must be judged individually on its merits.

• Kelly lives with divorced parent, Gail, in Darwin. The other parent, Brad, lives in the Perth suburb of Joondalup. Kelly has contact with Brad but has not lived with him for 6 years
• Kelly is accepted into a course at the Joondalup Campus of Edith Cowan University
• Kelly moves into student accommodation in Perth a couple of weeks before the start of the semester

Kelly is eligible for the away from home rate of YA as of the first day of semester and is not required to live away from home to study until that date. We would not expect Kelly to live with Brad and his parental home can be disregarded in this case. Kelly has not lived with Brad for 6 years and is a dependant of parent Gail.

• In September, Gail accepts a work transfer to Perth. Gail arrives in Perth on 15 September and stays in a hotel while looking for accommodation then moves into a 3 bedroom house on 29 September

Once Gail starts living in Perth, Kelly no longer qualifies for the away from home rate based on excessive travelling time. However, Kelly still qualifies while Gail resides in the hotel on the basis that the parental home (at that point a hotel room) was not an adequate place to study. Kelly could no longer be approved to live away from home once Gail moved into the house. The away from home rate of YA would cease on 29 September.

• Aldo normally lives with parents on a small property outside of town and decides to do an 8 week approved course at the local college. Travelling time to the college (including the 20 minute walk to the bus stop) is 98 minutes
• Aldo is eligible for the away from home rate if moving out of home
• A week after the course starts Aldo moves in with his best friend on the neighbouring property. This property is further from the bus stop

Aldo is eligible for the away from home rate of YA from the date of moving out of home. Although approval to move out was granted on the basis that travelling time is excessive there is no requirement for Aldo to improve the situation. To qualify for away from home rate Aldo only has to move out of home for an approved reason.

• When the course ends Aldo stays at the friend's place

The away from home rate would cease when the course does. Aldo no longer has an approved reason to live away from home.

• Patricia is a young job seeker who normally lives at home. Patricia's step parent Barry is a violent alcoholic. Patricia leaves home and a Services Australia social worker determines that it is unreasonable to live at home (UTLAH) due to the presence and actions of the step parent

Patricia would be eligible for the independent rate of YA from the date UTLAH was granted.

• Patricia's mother asks Barry to move out. Barry does so

Patricia would no longer be eligible for the independent rate of YA. Patricia had been granted independence because it was unreasonable to live at home due to the step parent's presence. As Barry is no longer on the scene Patricia's independence would be reviewed.

As Patricia is no longer independent and has no approved reason to live away from home, Patricia would cease to receive the independent rate as of the date the step parent moves out.

Ben currently lives in Sydney in the parental home. Ben has just completed year 12, and next year will start study in a Bachelor of Arts course at the University of Melbourne. Ben decides to move away from home in December to familiarise himself with Melbourne.

As Ben has chosen to move away before commencing full-time study, the away from home rate will only be granted from the first day of Ben's tertiary course.

Ferdinand commenced a Bachelor of Science course at Adelaide University in Semester 1, 2020. Ferdinand's parental home is more than 90 minutes from the campus, but Ferdinand elected to live with their parents during the first year of the course.

At the end of the 2020 academic year, Ferdinand decided to move away from their parental home, to reduce the daily commute. Ferdinand moved into a share house with some friends on the 15th February 2021, before continuing the bachelor degree in Semester 1, 2021 on 1st March. Ferdinand notified the change in circumstances on the day they moved.

Although Ferdinand moved during the semester break and meets the full time study requirements for YA as a continuing student, the away from home rate can only be granted from 1st March, the date Ferdinand resumes study in the course that creates a need to live away from home.

Nicole has been approved to live away from home to study. Nicole completes the one year Tafe course in November and was expected to move back home as the away from home rate was about to cease. Nicole advises that she has now enrolled in a degree at the nearby University and will be continue studies in the following year. As Nicole continues to study away from home, the away from home rate can continue until the end of that course.