184.108.40.206 Austudy participation failures
Under social security law, an Austudy participation failure occurs when the recipient fails to:
- comply with a requirement notified to them by Services Australia, for example, for the person to attend a Services Australia office or to provide specific information, or
- satisfy the activity test, i.e. undertake qualifying study (1.1.Q.40), or
- comply with a requirement to undertake another activity, as required by Services Australia, in place of the activity to which the participation relates.
However, in practice, if a student fails to satisfy the activity test, i.e. ceases undertaking qualifying study, they lose their qualification for Austudy. The payment may be cancelled, and/or the student may incur an overpayment, so the application of a participation failure would have no effect.
A student does not have an Austudy participation failure if the student provides evidence their participation failure was due to a reasonable excuse.