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. Major disruptions of the home exemption for under 18s

Circumstances of exemption

This exemption may be given to young people who cannot maintain their full-time education or training for a period following a major disruption to their home.

Explanation: This would generally allow the person time to arrange alternative accommodation, replace household items, organise major repairs, organise insurance claims and so on.

If the disruption involves the parental home, the parents would generally deal with the situation without any significant involvement of the young person. In such cases the delegate must consider whether the young person is involved to the extent that they cannot participate in full-time education or training.

Examples: The following would be considered major disruptions of the home:

  • fire damage
  • house flooding
  • earthquake damage
  • cyclone damage
  • hailstorm damage
  • vandalism, and
  • burglary.

Early school leavers

It is preferable to reduce an early school leaver's requirements, rather than exempt them from their mutual obligation requirements (1.1.M.160). Mutual obligation requirements are flexible enough to make this possible. When circumstances arise that impede an early school leaver's ability to meet their usual requirements mutual obligation requirements can be adjusted to reflect those circumstances.

Act reference: SSAct section 540 Qualification for YA - general rule

Policy reference: SS Guide 1.1.M.160 Mutual obligation requirements, 3.11.9 Mutual obligation requirements for early school leavers

Duration of exemption

The YA recipient can be given an exemption for up to 2 weeks.

Mutual obligation requirements

The young person is NOT required to satisfy their requirements for the duration of the exemption if there is a special circumstances exemption.

Act reference: SSAct section 542 Situations in which a person is exempt from undertaking full-time study, section 542H Special circumstances exemption, section 543A(2A)(j) … has suffered a major disruption …, section 543A(2B) If the following circumstances exist …

SS(Admin)Act section 40L Circumstances making it unreasonable etc. to comply with requirements

Policy reference: SS Guide 3.11.5 Exemptions - overview

Last reviewed: