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.

3.8.6.10 Qualification for EdEP - JSP & PPP

Summary

This topic explains qualification criteria for EdEP for a JSP or PPP recipient, as well as the following related issues:

  • course qualification
  • qualification rules for JSP recipients
  • full-time and part-time study
  • separate claim form is not required
  • early claim
  • late claim
  • incorrect EdEP payment, and
  • legislative references.

EdEP qualification for PPS, DSP, CP and SpB recipients is discussed in 3.8.6.20.

Qualification (1.1.Q.10) criteria

To qualify for EdEP, a JSP or PPP recipient must meet the criteria listed in the following table. If more detail about a criterion is required, the second column indicates where you will find this.

Criterion More detail
ALL of the following:

have enrolled or intend to enrol in an approved education course

Explanation: This means ANY approved course in the Student Assistance (Education Institutions and Courses) Determination 2019 as well as any additional courses approved under ABSTUDY,

AND

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be receiving ONE of the following payments and were receiving the same payment immediately before commencing the course of education:

  • jobseeker payment (refer notes), OR
  • parenting payment (partnered), AND

3.2.1 JSP - qualification & payability

3.5.1 PP - qualification & payability

Note 1: Recipients who were undertaking a course while receiving PP and who subsequently transfer to JSP may be eligible to receive EdEP despite having commenced their course prior to being granted JSP - see below in Qualification rules for principal carers receiving JSP.

Note 2: Recipients who were undertaking a course while receiving WP and who transfer to JSP on 20 March 2020 can continue to receive EdEP for the duration of the course they were undertaking prior to transferring to JSP, providing they continue to receive JSP - see below in People transferring from WP to JSP on 20 March 2020.

if a JSP recipient must:

  • no longer qualify for JSP because of starting the course, OR
  • be ineligible for a student payment because of undertaking the course to meet mutual obligation requirements or to comply with a requirement in an EPP, AND
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if JSP or PPP, must have been continuously receiving income support payments for at least 12 months, AND

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if JSP or PPP, have NOT received an EdEP in the previous 12 months.

Explanation: There must be a minimum of 12 months between EdEP payments for these payment types.

  

Act reference: SSAct section 665U Payment to recipient (JSP), section 665ZU Payment to recipient of PPP

Student Assistance (Education Institutions and Courses) Determination 2019

Policy reference: SS Guide 5.1.7.50 EdEP - current rate

Course qualification

A JSP or PPP recipient CANNOT qualify for EdEP unless a delegate verifies that the COURSE is an approved or qualifying course for EdEP.

Example: In regard to a recipient of JSP, the legislation specifies that the course should be an approved course under the ABSTUDY scheme or an approved course of education or study for the purposes of the Student Assistance Act 1973.

Explanation: The reference to an ABSTUDY approved course in the legislation is a technical requirement. A recipient does NOT need to qualify for ABSTUDY to qualify for EdEP. However, ABSTUDY approved courses include all courses determined under the Student Assistance (Education Institutions and Courses) Determination 2019 as well as some additional ABSTUDY approved courses.

There is no minimum length of course for EdEP purposes. The specific length of the course is not relevant as long as the course is an approved course.

Note: For recipients of certain payments, such as JSP, study must be undertaken on a full-time basis to qualify for EdEP.

Act reference: Student Assistance (Education Institutions and Courses) Determination 2019

Policy reference: SS Guide 1.1.A.210 Approved course of education or study (YA (full-time student), Austudy, PES), 2.2.13.10 Supplementary benefits - verification required

Qualification rules for JSP recipients

A JSP recipient qualifies for EdEP if, subject to meeting all other relevant eligibility criteria, they:

  • cease to be eligible for JSP because they are undertaking the course, OR
  • undertake the course to meet mutual obligation requirements or a requirement in an EPP and they would otherwise have qualified for a student payment (that is, YA (student), Austudy or ABSTUDY) if the course were undertaken for other reasons. This provision applies even if a recipient subsequently qualifies for ABSTUDY, Austudy or YA (student).

Explanation: This provision ensures that recipients who would otherwise qualify for an EdEP when transferring to a student payment, (because they have lost qualification for JSP), are not disadvantaged by remaining on JSP while taking up full-time study.

Generally, a JSP recipient will not be able to qualify for EdEP until they commence their approved course. This is because they are not considered to be undertaking the course to meet mutual obligation requirements or a requirement in an EPP until the course commences.

A JSP recipient who has commenced a full-time approved course and has that course included in their EPP as a compulsory activity is considered to be undertaking the course to satisfy a requirement in an EPP and will therefore qualify for EdEP, provided they meet all other eligibility requirements.

A JSP recipient who has an approved course included in their EPP as a voluntary activity may qualify for EdEP if they are undertaking the course to meet mutual obligation requirements. A person may be taken to be undertaking a course to satisfy mutual obligation requirements if they have commenced the course, the course is included in their EPP, the recipient is complying with the terms of their EPP and the Secretary (or delegate) determines that the recipient should be taken to be meeting mutual obligation requirements.

The approved course of education must be included in the recipient's EPP (either as a voluntary or compulsory activity) for the recipient to be considered to be undertaking the course to meet mutual obligation requirements.

If a JSP recipient has an exemption from meeting mutual obligation requirements, they will only qualify for EdEP if they cease to be eligible for JSP due to participation in the course. This is because exempt recipients are not required to meet mutual obligation requirements or have compulsory activities in their EPP.

Act reference: SSAct section 665U Payment to recipient

SS(Admin)Act section 40A Requirement to enter into employment pathway plans

Qualification rules for principal carers receiving JSP

Generally, principal carers receiving JSP are subject to the same EdEP eligibility criteria as other recipients of JSP and must satisfy all eligibility criteria in the table above to be eligible to receive EdEP. This includes, having the study included as a requirement in their EPP, receiving JSP immediately before commencing the course, having been in receipt of income support for at least 12 months and not having received EdEP in the previous 12 months.

Single principal carers receiving JSP can qualify for PES and have their PES approved study included in their EPP to count towards satisfaction of their mutual obligation requirements. While receipt of PES can be taken to be verification that the recipient is undertaking an approved course for EdEP, single principal carers receiving JSP and PES must satisfy all eligibility criteria in the table above to be eligible to receive EdEP.

Note: PP recipients who commence a course while on PP and then transfer to JSP due to the age of their youngest child will qualify for EdEP as long as they are continuing in the same approved course and are in receipt of JSP prior to the start of their next term/semester. This rule will continue to apply until the recipient has completed their same approved course. If a former PP recipient commences a course after they have transferred to JSP, they will be eligible to claim EdEP as per the eligibility criteria in the table above.

Example 1: Marika has been receiving PPS since before 2014. In February 2020, she commences a Bachelor of Arts and has this study included in her EPP and begins receiving PES and also receives an EdEP. Marika transfers to JSP from 1 January 2021 as her youngest child is aged over 8 years. She commences the first semester of her second year in February 2021. Marika will continue to be eligible for PES while she is on JSP until the end of her Bachelor of Arts. As Marika was receiving JSP prior to the start of her next semester, has been in receipt of income support for longer than 12 months and it has been 12 months since she received an EdEP, Marika will also qualify for EdEP in February 2021. She may continue to qualify for EdEP once every 12 months while she is studying the same approved course.

Example 2: Patrick has been in receipt of JSP since September 2020 and was not previously receiving another income support payment. Patrick is the principal carer for his 9 year old son, Robin, and has part-time mutual obligation requirements of 30 hours per fortnight. In February 2021 Patrick commences a Diploma in Veterinary Nursing and is granted PES. Patrick has this study included in his EPP but he is not eligible for EdEP as he has not been in receipt of income support for 12 months.

Act reference: SSAct section 665U Payment to recipient

People transferring from WP to JSP on 20 March 2020

WP ceased on 20 March 2020 and relevant recipients were transferred to JSP.

WP recipients who were undertaking a course for which they received EdEP prior to transferring to JSP will continue to receive EdEP for the duration of that course, providing they continue to receive JSP.

Act reference: Social Services Legislation Amendment (Welfare Reform) Act 2018 Schedule 3 item 104(2) Savings provisions-qualification for payments

Full-time & part-time study

The following table explains when a JSP or PPP recipient is qualified for EdEP based on full-time or part-time study requirements.

Explanation: To qualify for EdEP some recipients MUST be enrolled or intending to enrol in a FULL-TIME course.

If a recipient receives … then to qualify for EdEP they must start or intend to start …

jobseeker payment

a full-time course.
parenting payment (partnered) a full-time or part-time course.

Note: A full-time course is a course of an average of 20 hours per week, including non-contact hours, or a course that is classified as a full-time course by the institution or organisation providing the course.

For job seekers who are principal carers or who have a partial capacity to work, a full-time course is a course of at least 15 hours per week, including non-contact hours, or a course that is classified as a full-time course by the institution or organisation providing the course.

Separate claim form is not required

While the SSAct requires a proper claim for an EdEP, under current administrative arrangements a separate claim form is not required. For JSP or PPP, a claim for an EdEP is regarded as written notification of the commencement of, or enrolment in, an approved course.

Early claim

If an early claim for an EdEP is lodged, the claim must be lodged no earlier than 13 weeks prior to date of qualification or the Secretary is deemed to have refused the claim. Note that a person may be qualified for EdEP if the delegate is satisfied that the person intends to enrol, as well as by being enrolled; however, the date of qualification may not be until the person actually commences the course (see Qualification rules for principal carers receiving JSP above).

Late claim

A recipient can claim EdEP after they have started their approved course, provided they are still qualified for the payment at the time of claim and have not received an EdEP in the previous 12 months.

If a recipient has not made a claim for EdEP (that is, has not submitted proof of commencement or enrolment in an approved course) prior to finishing the course, they will not be qualified for EdEP in respect of that course.

Explanation: To be eligible for EdEP, a recipient must have enrolled, or be intending to enrol, in an approved course at the time of claim.

Act reference: SS(Admin)Act section 39 Deemed refusal of claim, Schedule 2 clause 4 Start day-early claim

Policy reference: SS Guide 8.1.1 Claim lodgement provisions

Incorrect EdEP payment

If a JSP or PPP recipient (or a recipient of PA or WA prior to 1 January 2022) receives an EdEP payment when they are NOT qualified, the payment is considered a recoverable debt. The payment also becomes a debt if the person is required to pay enrolment fees for the course in relation to which the EdEP payment was made and the person does not pay those fees in the calendar year in respect of which the payment was made.

Example 1: A recipient receives EdEP BUT the course is NOT an approved course.

Example 2: A recipient receives EdEP for an approved course BUT does NOT pay a course fee. The educational institution cancels the recipient's enrolment. The recipient is NOT qualified for EdEP because they are NOT enrolled in an approved course.

Act reference: SSAct section 1223 Debts arising from lack of qualification, overpayment etc, section 1224B EdEP debt, section 1223ABAAB Debts arising in respect of training and learning bonuses etc.

Policy reference: SS Guide 6.3.8.30 EdEP & TAL overpayments

Legislation

The following table lists the references for qualification and need for a claim for EdEP.

Payment Type SSAct reference

Jobseeker payment

section 665U Payment to recipient, section 665W Need for claim

Parenting payment (partnered)

section 665ZU Payment to recipient of PP (partnered), section 665ZW Need for claim

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