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ABSTUDY Lawful Custody Allowance 010-23050537



This document explains Lawful Custody Allowance for ABSTUDY. It is paid to students and Australian Apprentices who are in lawful custody to help meet essential study and course costs.

Eligibility

The customer must meet the eligibility criteria for the Lawful Custody Award and the correctional institution authority must agree to the customer receiving the assistance.

The definition of Lawful custody is where a person, because of a criminal conviction, is:

  • imprisoned in a corrective institution
  • in detention on remand, or
  • in a youth training centre

The following circumstances do not meet the definition of lawful custody. A person:

  • on parole
  • in a home detention program, or
  • on a work release or transfer release while living in the community

They can test their eligibility for other ABSTUDY Awards.

Claiming

Customers must lodge:

  • a paper Claim for ABSTUDY Student or Australian Apprentice in lawful custody (SY022) and
  • the ABSTUDY Lawful Custody Allowance claim for reimbursement form (SY108)

Rate

Qualified students are entitled to essential course costs associated with the study/apprenticeship activity.

There is no upper limit to this allowance.

Payment

Payments of Lawful Custody Allowance can be made to the:

  • correctional institution:
    • for reimbursement to the student or Australian Apprentice; or
    • as reimbursement for purchases made on behalf of the student or Australian Apprentice
  • education provider or supplier of textbooks or materials for services provided to the student or Australian Apprentice
  • student or Australian Apprentice, if the correctional institution approves this arrangement

Payments made to claimants in lawful custody are not income tested and are non-taxable.

The Resources page contains links to forms.

Contents

Completing an ABSTUDY form

Processing an ABSTUDY claim

ABSTUDY eligibility and requirements

Claiming ABSTUDY