interim applicants. 6.1.1 Students The student may apply for ABSTUDY assistance if they are: 16 years of age or over; or meet one of the criteria; or enrolled in or intending to enrol for tertiary or postgraduate study; or receiving an Australian Government pension. 6.1.2 Parent/Guardian Applicant For students other than those specified in, an ABSTUDY claim is to be lodged by the person who has the responsibility for care and maintenance of the student and with whom the student normally lives. The applicant will be: either of the student's , where the student lives with them; the parent with whom the student lives, where the student's parents are separated and the student lives with one of them; a guardian, where responsibility for the student's care has been assumed by a guardian with whom the student normally lives; the foster parent, guardian or parent(s) as appropriate (see the three dot points above), where the student is in State care but placed in the care of foster parent, guardian or parent(s); an officer authorised by the relevant State/Territory authority, where the student is in government care; or where the student would, but for reasons of age, qualify as an orphan or as a homeless student and is in the care of a person or institution, that person or an officer authorised by that institution. 6.1.3 Institutions Institutions may be considered applicants for the purposes of: submissions; ; and interim claims for boarding school students. 6.1.4 Interim applicant A claim lodged by an interim applicant can be accepted where: the student, or person who would normally apply on behalf of the student, is not able to submit a claim because of exceptional circumstances; and the person who submits the claim as an interim applicant has temporary care of the student, is able to make an informed declaration about the student's and is prepared to accept ABSTUDY conditions; and
25.6.2 Secondary school students Approval of Away from Home entitlements for a secondary school student ceases if: the permanent home changes to a location that is within reasonable travelling time or distance of an appropriate education institution; or the student returns to live on a permanent basis in the permanent home. However, provisions apply in certain circumstances. Chapter 26: Travel Time and Access In this chapter: 26.1 Reasonable Access A secondary school student is considered to not have to an where the is not within a and/or a of an appropriate education institution/s. A tertiary or secondary non-school school student is considered to not have reasonable access to an appropriate education institution where the permanent home is not within a reasonable travelling time of an appropriate education institution/s. An is considered not to have reasonable access to an employer and/or a training provider where the permanent home is not within a reasonable travelling time of the employer or training provider. 26.2 Reasonable Travelling Time A student's or is not within a reasonable travelling time of an or Australian Apprentice's employer or training provider if: travel time taken for a single journey by the most convenient transport service available, including reasonable walking and waiting time, would, on average, exceed one and a half hours; or there are special circumstances which periodically affect access between the permanent home and the appropriate education institution/s or Australian Apprentice's employer or training provider for at least 20 days of the academic year, not necessarily consecutive, because of adverse travel conditions, e.g. impassable roads, flooding or unreliable transport. 26.2.1 Assessing Reasonable travelling When calculating reasonable travel time, all time spent undertaking the following is to be included:
Step 5 in 57.1.2.1) minus the sum of: the partner income test reduction amount (from Step 1 in 57.1.2.4), plus the personal income test reduction amount (from Step 1 in 57.1.2.2). OR if Step 1 in 57.1.2.4 does not apply, the rate of payment is the maximum payment rate (from Step 5 in 57.1.2.1) minus the personal income test reduction amount (from Step 1 in 57.1.2.2). Note: If the person’s personal income test reduction amount (from Step 1 in 57.1.2.2) is nil; and partner income test reduction amount (from Step 1 in 57.1.2.4), is nil, then the rate of payment is the maximum payment rate (from Step 5 in 57.1.2.1). 57.1.2.6 Calculate the rate of ABSTUDY Living Allowance payable Step Action 1 The rate of allowance payable is the amount obtained by: subtracting from the fortnightly payment rate any advance payment deduction (see ); and adding any amount payable by way of Remote Area Allowance (see ). 57.2 Overall Group 2 School Fees Allowance rate calculation process Group 2 School Fees Allowance consists of annual income-test-free component and the amount subject to income testing. Refer to . 57.2.1 Method of calculating rate of Group 2 School Fees Allowance The rate of Group 2 School Fees Allowance is a daily rate. That rate is worked out by dividing the annual rate calculated according to this Rate Calculator by the number of days in the calendar year. 57.2.2 Steps to calculate rate of Group 2 School Fees Allowance Step Action 1 Determine the reduction to the income-tested component of Group 2 School Fees Allowance: Calculate the reduction for parental income () using . Take the annual amount of the reduction for parental income away from the full amount of means-tested component of Group 2 School Fees Allowance. 2 Add this amount from Step 1b to the annual income-test free component of Group 2 School Fees Allowance. The total is the potentially available Annual Group 2 School Fees Allowance Entitlement.
For the purposes of the Parental Income Test, the components of parental income are: taxable income; adjusted employer provided benefits (commonly known as fringe benefits) for the relevant tax year; reportable superannuation contributions; target foreign income based on the relevant Australian tax year; tax free pensions and benefits; and total net investment losses or net passive business losses. NOTE: Prior to 1 July 2017, tax free pensions and benefits were not included for the parental income test. Ordinary income is NOT used for the ABSTUDY parental income tests. Ordinary income means income that is not maintenance income or an exempt lump sum. This definition of ordinary income is NOT the same as the ATO definition of income for tax purposes. The definition of ordinary income is far wider than the definition of taxable income. 58.3.1 Taxable income Taxable income has the same meaning as in the . 58.3.2 Adjusted employer provided benefits For the purposes of the ABSTUDY Parental Income Test, an employer provided benefit is a benefit an employer provides to, or on behalf of, an employee for the employee's, or in some cases their family's, private use. An employer provided benefit is commonly known as a fringe benefit. For the purposes of the ABSTUDY Parental Income Test, an employer provided benefit is treated in the same manner that it would be under the Youth Allowance Parental Income Test. This includes different treatment of benefits provided by Fringe Benefits Tax (FBT) ‘exempt’ employers (such as charities) and FBT non-exempt employers (such as for profit businesses). For details refer to the Guide to Social Security Law, page under the heading “Treatment of employer provided benefits under the parental income test”. Employer provided benefits include, but are not limited to: cars; school fees; private health insurance; low interest loans; housing assistance; financial investments; and expense benefits. Expense benefits include, but are not limited to:
have regard to maintenance income for the financial year current at the point-in-time at which the ABSTUDY MIT is applied. 58.8.3 Maintenance income free area The maintenance income free area (MIFA) is the amount of maintenance income the parent of a ABSTUDY claimant/recipient can receive in relation to the ABSTUDY recipient, before it affects the claimant/recipient’s rate of ABSTUDY. The MIFA for a parent of a ABSTUDY claimant/recipient draws on some of the principles and thresholds that are used to calculate the Family Tax Benefit (FTB) Part A maintenance income free area. The value of the MIFA for each maintained ABSTUDY claimant/recipient may depend on whether the parent also receives maintenance income for other dependent ABSTUDY or Youth Allowance claimants/recipients, or FTB children. As for the FTB Part A MIFA, the MIFA for ABSTUDY has two components: A component for ‘fixed costs’ allocated in relation to a first ‘maintained’ child/young person (the ‘first child MIFA amount’). In 2017-18 this amount is $1,587.75. A component allocated for each second and subsequent ‘maintained’ child/young person (the ‘additional child MIFA amount’). In 2017-18 this amount is $529.25 for each additional child. The rules for extending a MIFA in respect of each ‘maintained’ child/young person under the Maintenance Income Test for ABSTUDY coordinate the allocation of the MIFA component for ‘fixed costs’ so that this is applied once only to a parent receiving maintenance. This includes checking whether recognition for ‘fixed costs’ of maintenance income received has been, or is likely to be, extended under the FTB Part A maintenance income test (where an individual has ‘maintained’ children across FTB, Youth Allowance and ABSTUDY). This creates an ‘order of precedence’ in the extension of the MIFA component for ‘fixed costs’. The order of precedence is: FTB Child Youth Allowance recipient ABSTUDY recipient Student attracting a means tested Assistance for Isolated Children Scheme payment (AIC student) but none of the other payments listed above; whereby:
the residential school is an integral part of the course, i.e. it is an assessable component of the course curriculum; and the length of the residential school is justified; and the residential school is either: conducted at the education provider’s location; or at another location within the same state/territory as the education provider only in circumstances where it can be demonstrated that the face-to-face tuition components of the residential school are unable to be conducted at the education provider’s normal location or a closer location. Chapter 95: Approval of Away from Base allowances This chapter details the allowances that may be payable where Away from Base assistance has been approved. In this chapter: 95.1 Approvable costs 95.1.1 When are costs approvable? Costs are payable under Away from Base assistance in the following circumstances: the student is ; and the course activity is an ; and the costs are essential to meet the stated purpose of the Away from Base activity; and the costs are reasonable; and the costs are for travel, incurred by: the student; and in certain circumstances, and/or the . Any other costs not covered by the above points are the responsibility of the education provider or the student who is undertaking the activity. 95.1.2 Part approval of costs Where approval is given for only part of an activity’s costs, the balance of the cost is to be met by the education provider or by the student.
request giving 7 days notice. Notification of changes to building and health approvals 3.2 You must notify Us immediately in the event that the appropriate approvals mentioned in 3.1 are denied, suspended or cancelled. Notification of Residential Charge 3.3 You must advise Us annually, in writing prior to the school year, of the amount You will charge for each of the school terms. The charges which We will pay You are limited to the maximum allowable rates set under the ABSTUDY Policy Manual. Notification of Entitled Students details 3.4 You must provide Us with a written notice, prior to each of the terms of the school year, of the full name and home address of each Entitled Student who is to be a Resident at the Hostel during each of these terms. 4. PAYMENT ARRANGEMENTS: Payments to You 4.1 Provided You are performing Your obligations under the agreement to Our satisfaction, We will pay You a Residential Fee at the beginning of each term in respect of each Entitled Student residing at the Hostel. 4.2 The Residential Fee will be the sum of the Living Allowance and any School Fees Allowance which would have been payable in respect of that Entitled Student under the ABSTUDY Policy Manual or the Residential Charge, whichever is the lesser. Payment for Entitled Students not on notice under subclause 3.3 4.3 If an Entitled Student whose name and address does not appear on a notice given under subclause 3.4 comes to live at the Hostel after the commencement of the term of a school year We will pay You that proportion of the Residential Fee representing the student’s entitlement as per Chapter 73 of the ABSTUDY Policy Manual. Notification Arrangements 4.4 You must notify Us of the full name and address of each Entitled Student who has left the Hostel and the date on which they left within 14 days after an Entitled Student leaves the Hostel. Repayment and Retention of Funds where an Entitled Student leaves the Hostel 4.5 You agree that: if an Entitled Student becomes eligible for payments from the commencement of the term entitlement period under Chapter 73 of the ABSTUDY Policy Manual, and either: leaves the Hostel within the first six weeks of taking up residence; or ceases study within the first six weeks of taking up residence;