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.

3.3.3.20 Payability of Austudy

Summary

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.

Circumstances
Austudy is NOT payable		 More detail
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

3.3.3.10 Qualification for Austudy

3.3.3.70 Austudy participation failures

3.1.2.40 Newly arrived resident's waiting period (NARWP)

3.1.2.43 Exemptions from the NARWP

4.3.4 Income maintenance period

3.1.7 Seasonal work preclusion period
Under the following general payability provisions:
  • rate would be nil
  • claimant is in prison
  • compensation preclusion, and
  • multiple entitlement exclusion.

3.1.6.10 General payability provisions

3.1.9 Compensation provisions

NARWP

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 from the NARWP

There are a number of exemptions from the NARWP for Austudy, and situations where a NARWP does not apply (see 3.1.2.43 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.

There are also other exemptions specific to other payment types (3.1.2.43, FA Guide 2.2.1.10 and PPL Guide 2.4.3).

Act reference: SSAct section 575D(2) to section 575D(3) Subsection (1) does not apply to a person … (Austudy)

Policy reference: SS Guide 1.1.N.70 Newly arrived resident's waiting period (NARWP), 3.1.2.43 Exemptions from the NARWP

Overseas travel

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
  • are full-time Australian Apprentices receiving Austudy while undertaking their Australian Apprenticeships overseas
  • are seeking medical treatment which is not available in Australia, (for up to 6 weeks)
  • 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
    • Naval Emergency Reserve Forces
    • Australian Army Reserve
    • Australian Air Force Reserve, OR
    • Army Individual Emergency Reserve.

Policy reference: SS Guide 7.1 Conditions for payment outside Australia, 7.1.2.20 Application of portability rules (portability table), 7.2 Arrangements for payment outside Australia

Last reviewed: