Assessing independence when a student has undertaken approved agricultural work 010-21030206

Item

Description

Approved

• Harvesting and/or packing of fruit or vegetable crops
• Pruning or trimming vines and trees directly associated with the cultivation and commercial sale of plant produce
• General maintenance crop work
• Cultivating or propagating plants, fungi or their products or parts
• Immediate processing of plant products
• Maintaining animals for the purpose of selling them or their bodily produce, including natural increase
• Immediate processing of animal products including shearing, butchery, packing and tanning, but not including secondary processing
• Manufacturing dairy produce from raw material
• Truck drivers driving fruit/vegetables from paddock to packing shed (directly relates to 'primary production/immediate processing')
• Harvester driver

Not approved (considered secondary production or not directly related to or not immediate processing)

• Maintaining animals for tourism or recreational purposes
• Working as a nanny on a farm
• Delivery drivers, such as transporting products from farm to market or mill, where considered 'secondary production' activity
• Wine-making, brewing, giving wine tastings at a vineyard and distillation
• Manufacturing of smallgoods
• Retail of dairy or butchery products
• Manufacturing processed milk, cream, canning buttermilk, condensed or evaporated milk, flavoured milk and sour cream
• Planting or tending trees in a plantation or forest that are intended to be felled
• Mining - coal, metal, oil or gas
• General administration, cleaning work or first aid officer
• Painting and maintenance of barns/sheds/property
• Conducting farm administrative tasks (e.g. bookkeeping, computer/data entry)
• Hospitality and/or cooking
• Selling personal protective equipment or personal hygiene products
• Wood preserving and treatment
• Sun drying fruit
• Manufacturing prepared cereal, pasta and baking mix
• Leather dressing (secondary production)
• Manufacturing bread and selling directly to consumers
• Manufacturing grain, crushing grain, rice or rye, where considered 'secondary production' activity
• Conducting maintenance to machinery and equipment
• Milling flour from grains, vegetables and plants, where considered 'secondary production' activity

Scenario

Description

1

Agricultural work - approved

Samir is a 20 year old full time student living at home in the Perth suburb of Midland.

Samir has worked part time at a local rose farm throughout 2021, maintaining the crop, picking and packing. By May 2021, Samir has earned over $15,000 gross income from this work.

Samir has a younger brother in high school and his parents earn a combined income of $165,100 a year.

As combined parental income is below the threshold of $170,000 a year (being $160,000 + $10,000 for the additional child), Samir is eligible for independence through approved agricultural work.

Samir applies for and is approved YA as an independent student.

2

Agricultural work - approved

Kate has enrolled in a Diploma of Wine Technology at GOTAFE in Victoria.

In June 2021, Kate lodges an SY019 to apply for ABSTUDY. Within the claim, Kate applies for independence under the agricultural workforce criterion.

The supporting evidence shows:

• Kate commenced working part time at a boutique vineyard in December 2019 after completing year 12
• the job includes maintaining grape vines, picking fruit, wine making and assisting in the cellar door/office
• the amount earned from December 2019 to May 2021 is $25,300

On initial assessment, the Service Officer assessing the claim is unable to determine if Kate meets the criterion as the job includes work that is not approved (wine making and assisting in the cellar door/office) and the amount earned in the period of 30 November 2020 to May 2021 has not been defined.

The Service Officer attempts to contact Kate by phone but is unsuccessful. A RFI letter is sent and a DOC added to the record explaining what is required from Kate.

Kate receives the letter and contacts the call centre to discuss. Kate explains that the majority of her work is maintaining the grape vines and picking fruit and the gross income earned since 30 November 2020 is $15,758.

Kate uploads further evidence via Document Lodgement Service (DLS) to confirm this. As a result, Kate's claim for ABSTUDY at the independent rate is approved.

3

Agricultural work - not approved

Brandine is studying a Bachelor of Veterinary Science at Charles Sturt University.

Brandine has been working as a nanny on a cattle farm since January 2021 and has earned over $15,000.

In August 2021, Brandine contacts the agency to enquire about applying for independence.

Even though the work is being performed at a location that conducts agricultural activities, Brandine would not qualify for independence under this criterion as the type of work undertaken is not considered approved agricultural work.

4

Agricultural work - not approved

Mohammed is commencing a Cert 4 in Accounting and Bookkeeping in February 2022 at the Coffs Harbour campus of TAFE NSW.

Mohammed has been working as a delivery driver transporting a variety of freshly picked fruits and vegetables from farms to a local greengrocer.

Mohammed has earned over $15,000 gross conducting this work during the period of December 2020 to August 2021.

In December 2021, Mohammed contacts the agency to enquire about applying for independence.

As Mohammed is only delivering the produce and not involved in the picking, Mohammed would not qualify for independence under this criterion as the type of work undertaken is not considered approved agricultural work.

5

Agricultural work - not approved

Dylan is currently studying a Certificate IV in Fitness and receives Youth Allowance at the dependent rate.

Dylan has been working at an oyster farm since August 2020 and has earned over $15,000 gross income in the period of December 2020 to July 2021.

Dylan supplies documentation to apply for independence under the agricultural workforce criterion.

As oyster farming is defined as aquaculture, not agricultural work, Dylan's claim for independence is rejected.

6

Amount earned outside of the specified timeframe

Tahnee is commencing a Certificate III in Aged Care at TAFE Queensland - North and lodges an online claim for ABSTUDY.

Within the claim, Zoe applies for independence under the agricultural workforce criterion.

Tahnee supplies evidence to support this. The evidence shows Tahnee has worked at a dairy farm where tasks included providing feed and water to the livestock, clean and maintain machinery and animal living quarters, keep records on the animals and monitor the health of cattle.

While Tahnee earned gross income of $16,838 for this work, $6,515 of this was earned prior to 30 November 2020.

As a result, Tahnee does not qualify for independence under this criterion as the adjusted gross amount of $10,323 is under the required gross amount of $15,000.

7

Claim lodged after 1 March 2023

Jarrah is studying a Bachelor of Aviation at Griffith University and wants to apply for ABSTUDY.

Jarrah contacts the agency on 20 February 2023 to discuss making a claim where it is determined that vulnerable circumstances exist. Jarrah is advised to lodge a claim for ABSTUDY by 6 March 2023 (within 14 days).

Jarrah is hospitalised after falling ill on 21 February 2023 and is advised this could be up to 4 weeks.

Jarrah lodges a claim for ABSTUDY on 21 March 2023.

On initial assessment, Jarrah cannot be approved under this criterion as the claim was submitted after the criterion closing date of 1 March 2023, and more than 14 days past the initial contact date.

However, due to being hospitalised on 21 February 2023, Jarrah was not able to lodge the claim within 14 days of the initial contact. Jarrah supplies medical evidence so that a medical condition extension can be applied.

Jarrah's claim for ABSTUDY, including the request for independence based on undertaking approved agricultural work, can now be assessed from 20 February 2023 as long as all other eligibility criteria are met.