1.1.L.100 Long term income support student (including apprentices) (YA, Austudy)
Definition: YA
For the purposes of YA, an applicant is a long-term income support student if the applicant:
- is at least 22 years old
- does NOT have a dependent child (1.1.D.70), and
- is a person claiming
- has, when commencing the qualifying study, or becoming an Australian Apprentice, been receiving one or more of the following for at least 26 out of the preceding 39 weeks
Explanation - Apprenticeships: If a person started an apprenticeship before turning 22 and later claimed YA after turning 22 while continuing the same apprenticeship, they are not considered a long-term income support student (apprentice). This is because they did not become an apprentice after turning 22.
If a person started an apprenticeship before the age of 22 and did not complete it. Then after turning 22 the person claims YA and starts a new apprenticeship in the same field (for example, electrician to electrician) or a different field (for example, carpenter to electrician). They may be considered a long-term income support student (apprentice), for the current apprenticeship, as it began after turning 22.
Explanation – People transferring from JSP: A full-time or concessional study load student aged 22 years or over who was receiving JSP immediately before starting their course, will qualify for YA if the course duration is at least 12 months. This means they cannot transfer from JSP to YA for a course less than 12 months.
However, if the student has a break between receiving JSP and starting the course, the 12-month requirement does not apply, and they may still be considered a long-term income support student.
Example: Ronaldo (aged 23) received JSP for 30 weeks and wants to study a 6-month full-time Certificate IV in Fitness. Ronaldo applies to transfer to YA immediately when the course starts. Ronaldo is not qualified for YA as the course is less than 12 months and he was receiving JSP immediately before starting.
Example: Abdel (aged 23) received JSP for 28 weeks and wishes to study a 6-month full-time Certificate IV in Fitness. Prior to commencing his course, Abdel’s JSP was cancelled as he went fruit picking for 4 weeks. When his course commenced he claimed YA.
Abdel can qualify for YA:
- although his course is less than 12 months in length
- as he was not receiving JSP immediately before starting the course.
Abdel is also regarded as a long-term income support student, as when commencing the course he had been receiving JSP for at least 26 out of the preceding 39 weeks.
Example: Inayat (aged 23) received CP for 27 weeks. Inayat starts a 6-month full-time Certificate IV in Fitness. Inayat qualifies for YA as she was not receiving JSP immediately before starting the course. Inayat is also considered a long-term income support student, as she had been receiving CP for at least 26 out of the preceding 39 weeks.
Act reference: SSAct section 540 Qualification for YA – general rule, section 543B Maximum age for YA, section 1067F(1) Long term income support student (YA)
Subsequent courses or apprenticeships
A YA student or apprentice may continue to be a long-term income support student for subsequent courses, provided there is no break in qualifying study or apprenticeship and they continue to satisfy the progress rules (1.1.S.30).
Example: Janice completes a Diploma of University Studies while receiving the long-term income support rate, and then immediately progresses to a Bachelor of Psychological Science. She may continue to receive the long-term income support rate for the second (and any subsequent) course, as long as there is no break in study.
Break in qualifying study or apprenticeship
If:
- a student takes a break in their qualifying study (that is, defers study, withdraws from the course, OR reduces their study load below a qualifying threshold) and recommences full-time study at a later date, or
- an Australian Apprentice ceases to be an Australian Apprentice, and recommences as an Australian Apprentice at a later date
their commencement date is the first day they recommence their qualifying study or apprenticeship.
Migrant English course students
A YA student is ALSO a long-term income support student under the following conditions:
- is at least 22 years old
- does NOT have English as a first language, and
- is undertaking an approved course in English.
Act reference: SSAct section 1067F(1) Long term income support student (YA)
Grandfathered arrangements
From 1 July 2012, the minimum age at which a YA applicant can be considered a long-term income support student was raised from 21 years to 22 years. YA applicants aged 21 who were considered to be long-term income support students prior to this date will retain their eligibility until they are no longer studying or undertaking an Australian Apprenticeship provided they continue to meet other eligibility criteria.
Definition: Austudy
For the purposes of Austudy, an applicant is a long-term income support student if the applicant:
- has a full-time, or concessional study load, and the approved course of education commenced after the person turned 21, or
- is an Australian Apprentice and became an Australian Apprentice after turning 21 (see Explanation - Apprenticeships below), and
- has, when commencing the qualifying study, or becoming an Australian Apprentice, been receiving one or more of the following for at least 26 out of the preceding 39 weeks
- jobseeker payment
- pension PP (single)
- benefit PP (partnered)
- disability support pension
- carer payment
- special benefit.
Explanation - Apprenticeships: If a person started an apprenticeship before turning 21 and then claimed Austudy after turning 25, while continuing the same apprenticeship, they are not a long-term income support student (apprentice), as they did not start the apprenticeship after turning 21.
If a person started an apprenticeship before 21 and did not complete it. Then after turning 21 the person starts a new apprenticeship in the same field (for example, electrician to electrician) or a different field (for example, carpenter to electrician), they may be considered a long-term income support student (apprentice) (under Austudy) for the current apprenticeship, as it began after the person turned 21.
Act reference: SSAct section 1067K(1) Long-term income support student (Austudy)
Subsequent courses or apprenticeships
An Austudy student or apprentice may continue to be a long-term income support student for subsequent courses, provided there is no break in qualifying study or apprenticeship and they continue to satisfy the progress rules (3.3.4.70).
Example: Phillip completes a Diploma of Business Administration while receiving the long-term income support rate, and then immediately progresses to a Bachelor of Commerce. They may continue to receive the long-term income support rate for the second (and any subsequent) course, as long as there is no break in study.
Break in qualifying study or apprenticeship
If:
- a student takes a break in their qualifying study (that is, defers study, withdraws from the course, OR reduces their study load below a qualifying threshold) and recommences full-time study at a later date, or
- an Australian Apprentice ceases to be an Australian Apprentice, and recommences as an Australian Apprentice at a later date
their commencement date is the first day they recommence their qualifying study or apprenticeship.
Migrant English course students
An Austudy student is ALSO a long-term income support student under the following conditions:
- does NOT have a dependent child
- does NOT have English as a first language, and
- is undertaking an approved course in English.
Act reference: SSAct section 1067K(2) Long-term income support student (Austudy)