The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

3.2.2.50 Students

Introduction

In general, a JSP claimant who is studying full-time and is classified as a full-time student by the institution at which they are studying, does not qualify for payment under SSAct section 613(1) because they are not able to meet mutual obligation requirements. To qualify, they should give up their studies or reduce their study-load to part-time, and should be willing to accept work if it is offered.

However, in certain circumstances a person studying full-time can qualify for JSP specifically:

  • where they have transferred to the payment from DSP or PP as a single person and were receiving PES at the time, provided they are continuing in the same course for which they were receiving PES, OR
  • where they are single principal carers receiving JSP and granted PES.

Act reference: SSAct section 613(1) Full-time students, section 1061PA Qualification for PES, section 1061PJ(2BA) Payments attracting PES, section 1061PJ(2BB) Payments attracting PES

Policy reference: SS Guide 3.8.3.10 Qualification for PES

Exception - principal carers transferring to JSP or YA from PP

If a principal carer (whether partnered or single) is undertaking approved study of at least 30 hours per fortnight, contact and non-contact hours, as a PP recipient and then shifts to JSP or YA (job seeker), then they can continue to complete their course of study even if the remainder of the course is longer than 13 months in duration. In addition, they will be taken as meeting their mutual obligation requirements while completing their course as long as they continue studying for at least 30 hours per fortnight.

Exception - principal carers receiving JSP who also have been granted PES

If a single principal carer receiving JSP is undertaking study of at least 30 hours per fortnight (contact and non-contact hours), for which they were granted PES, they will be taken as meeting their mutual obligation requirements while completing their PES-approved course as long as they continue studying for at least 30 hours per fortnight.

Act reference: SSAct section 1061PJ Payments attracting PES

Policy reference: SS Guide 1.1.P.412 Principal carer

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