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.

3.2.3.40 Start day for YA (student or Australian Apprentice)

Summary

This topic discusses issues around determining the start day for a student or an Australian Apprentice claiming YA (student).

Note: For definitions and general rules applying to all payments, including YA (student), please see 1.1.P.460 and 8.3.

Act reference: SS(Admin)Act Schedule 2 Rules for working out start day

Policy reference: SS Guide 1.1.P.460 Provisional commencement day, 8.3 Start days

Start day for person serving a liquid assets test waiting period

If a person makes a claim for YA and the person is serving a liquid assets test waiting period when the claim is made, the claim is taken to be made on the first day on which the person is qualified for YA.

Act reference: SS(Admin)Act Schedule 2 clause 4(6) Start day - early claim

Start day for person whose YA payment is cancelled

If a person's YA is cancelled because the person:

  • has not complied with a notice or a compliance period applies to the person, and
  • the person lodges a claim for YA within 14 days after the day on which the cancellation took effect

the person's start day for YA is the day after the cancellation day.

Act reference: SS(Admin)Act Schedule 2 clause 15 Certain persons subject to cancellation of Austudy, JSP, YA or SpB, section 63(4) Requirement to attend Department etc., section 63(5) Method for giving notice

Special provisions - JSP recipients aged 22 to 24 enrolling in a course

The following provisions apply to JSP recipients aged 22 to 24, enrolling in a course of full-time study of more than 12 months duration:

  • They qualify for YA from the date of course commencement.
  • Payment commences when the person enrols in and starts the course, NOT before. The person's reporting cycle may change when they commence full-time study.
  • They may be entitled to the higher rate of YA for long-term income support students. This rate is payable to single and partnered people without children, who have received income support for 26 weeks out of the last 39 weeks.

Act reference: SSAct section 1067F Long term income support student

Special provisions - JSP recipients aged 22 to 24 years undertaking a full-time Australian Apprenticeship

The following provisions apply to JSP recipients aged 22 to 24 years, undertaking a full-time Australian Apprenticeship:

  • They qualify for YA from the date they satisfy the definition of an Australian Apprentice (1.1.A.324).
  • They may be entitled to the higher rate of YA for long-term income support recipients. This rate is payable to single and partnered people without children, who have received income support for 26 weeks out of the last 39 weeks.

Act reference: SSAct section 1067F Long term income support student, section 540AA Qualification for YA-new apprentices

Special provisions - young people aged 15 to 24 entering full-time education from the workforce & early school leavers (1.1.E.05) aged 15 to 21

The following provisions apply to ALL young people aged 15 to 24 entering full-time education from the workforce:

  • They qualify from the date of course commencement or date of claim, whichever is later, as long as their cessation of employment is considered reasonable by the Secretary.
  • There is no minimum requirement for length of the course.
  • If they are under 22 years old, and their course does not start immediately, they may need to meet mutual obligation requirements (see examples).
  • If they are 22 or over, they cannot qualify until the course starts. If they wish to claim income support in the interim period, they need to claim JSP. This may limit their options however, as they cannot transfer to YA if the course duration is less than 12 months.

Example 1: David is 20 years old, has completed the final year of secondary school and intends to start studying full-time in 2020. He leaves work in November 2019 in preparation for his studies as his employer prefers that he leaves before the Christmas break. David claims YA in November 2019. He is eligible for YA before he begins his course in March 2020 if he meets mutual obligations through job search or a combination of approved activities. From March 2020, he commences full-time study and he gains access to the higher income free area and income bank.

Example 2: Elizabeth is a 17 year old early school leaver who intends to start studying full-time in 2020. Elizabeth is retrenched in November 2019 and claims YA in November 2019. Elizabeth is eligible for YA (other) before she begins her course in February 2020 if she meets mutual obligation requirements through a combination of approved activities.

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