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. Backdated start days - YA

Recipient reclaiming within 14 days

The start day for YA may be backdated to the day after the cancellation day for a recipient reclaiming within 14 days after being cancelled.

Act reference: SS(Admin)Act Schedule 2 clause 15 Certain persons subject to cancellation of Austudy, JSP, YA or SpB

Policy reference: SS Guide 3.1.2 Waiting & preclusion periods

Incomplete information after claim lodged

If more information is required after a claim for YA has been lodged and the person has been notified to provide the information/documentation within a specified time period, the person must provide all required material within that time period. Failure to comply with the notice or part compliance with the notice may lead to rejection of the claim. However, if the person or an authorised third party contacts Services Australia and provides part of the required information/documentation in relation to the claim, and requests further time to provide the remainder of the required information/documentation, the contact and provision of the information/documentation may allow for backdating of the person's claim.

Example: John lodged a claim for YA on 18 October. On 23 October he received a request for additional information including some documents which were to be provided within 14 days. John did not provide all the required information until the following March. However, during this period he contacted Services Australia a number of times for clarification and had supplied some information/documents within the time period requested, and had sought further time to provide the remainder of the required material. When John finally provided all the required information and documentation, he was granted YA from 18 October as the assessment indicated that he would be eligible for YA from the day he lodged his claim.

Note: The student online claim process assists students to ensure that all of the required documents for their claim are provided before their claim can be lodged.

Act reference: SS(Admin)Act Schedule 2 Part 2 clause 3 Start day-general rule

Policy reference: SS Guide Claim lodgement - general provisions

Incapacitated recipient

The start day for YA recipients undertaking full-time study may be backdated to the day of qualification for YA if a person:

  • claims within 5 weeks of becoming incapacitated for a course of full-time study as a result of a medical condition, AND
  • is still suffering from the medical condition when the claim is made.

Note: The qualification day must occur in the period starting on the day on which the incapacity began and ending on the day on which the claim was made.

Act reference: SS(Admin)Act Schedule 2 clause 34 YA: incapacitated claimant

Claimant for DSP

If a person makes a claim and qualifies for YA under SSAct section 540A, the start day for YA may be backdated to the day on which the DSP claim was made if:

  • the person has an undetermined claim for DSP, and
  • the person suffers from a medical condition that had a significant adverse effect on their ability to work or study.

Act reference: SSAct section 540A Qualification for YA-claimants for DSP

SS(Admin)Act Schedule 2 clause 35 YA-claimant for DSP

Initial claim for FTB

The start day for a YA claim may be backdated to the day on which an earlier FTB claim was made if:

  • an FTB claim was made in respect of a person who qualifies for YA, and
  • the person was qualified for YA on the day the FTB claim was made and has remained qualified (e.g. met mutual obligation or study requirements), and
  • the person claims YA at a later date, and
  • the Secretary is satisfied that it is reasonable for this provision to apply to the person.

Act reference: SS(Admin)Act Schedule 2 clause 36 YA-initial claim for FTB

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