220.127.116.11 Payability of Austudy
Even though a claimant is qualified, Austudy is NOT payable in the circumstances listed in the following table. If more detail about the circumstance is required, the second column indicates where you will find this.
Austudy is NOT payable
|The claimant does not pass the asset test.||4.2.3 Pensions & benefits assets tests|
|Before the start day of the allowance.||8.3 Start days|
|When the claimant is serving:||
3.1.2 Waiting & preclusion periods
18.104.22.168 Qualification for Austudy
22.214.171.124 Austudy participation failures
126.96.36.199 Newly arrived resident's waiting period (NARWP)
188.8.131.52 Exemptions for the NARWP
4.3.4 Income Maintenance Period
3.1.7 Seasonal work preclusion period
|Under the following general payability provisions:
184.108.40.206 General payability provisions
3.1.9 Compensation provisions
From 1 January 2019 changes were made to the NARWP for Austudy. A person who is granted a permanent visa on or after 1 January 2019 is subject to a 208 week NARWP for Austudy. A person who was a holder of a permanent visa before 1 January 2019 is subject to a 104 week NARWP for Austudy.
Note: Different payments have different NARWP periods. The length of the waiting period depends on a person's situation and payment type. A person who has fully served a NARWP for one payment may still be serving a NARWP for other payments. Refer to specific payment guide topics for individual rules.
Exemptions for the NARWP
There are a number of exemptions from the NARWP for Austudy, and situations where a NARWP does not apply (see 220.127.116.11 for details). These include:
- Australian citizens
- refugee, former refugee or a family member of a refugee.
Note: A person who has a QRE for Austudy will receive an exemption to the NARWP for Austudy.
Act reference: SSAct section 575D(2) to section 575D(3) Subsection (1) does not apply to a person… (Austudy)
Students may continue to receive their Austudy payment if they travel overseas for the duration of the overseas study while undertaking part of their Australian (1.1.A.320) course at an overseas institution.
Australian Apprentices may continue to receive their Austudy payment if they need to travel overseas to undertake their Australian Apprenticeship and they continue to satisfy the definition of a full-time Australian Apprentice (1.1.A.324).
Austudy can only be paid to people travelling overseas if they are still Australian residents, AND satisfy one of the following:
- are full-time students receiving Austudy while undertaking approved/qualifying study overseas study as part of their course at an Australian educational institution, OR
- are full-time Australian Apprentices receiving Austudy while undertaking their Australian Apprenticeships overseas, OR
- are seeking medical treatment which is not available in Australia, (for up to 6 weeks), OR
- to attend to an acute family crisis (for up to 6 weeks), OR
- are attending a training camp outside Australia as a member of the:
- Australian Naval Reserve, OR
- Naval Emergency Reserve Forces, OR
- Australian Army Reserve, OR
- Australian Air Force Reserve, OR
- Army Individual Emergency Reserve.