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13.3.2 Allowances for Secondary and Tertiary students living at home

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 13.3.2 Allowances for Secondary and Tertiary students living at home

See paragraph 3.3 of the Instruments

Definition of ‘home’

The VEA, MRCA, VCES and MRCAETS do not define the term 'home' for the purposes of determining whether to apply the living ‘at home’ or living ‘away from home’ rate of education allowance under VCES or MRCAETS.

According to legal advice received 29 January 2014: because ‘home’ is not a defined term, as a matter of statutory interpretation it should bear its ordinary meaning, and it is open to the Department to adopt policy, applied flexibly, in order to administer legislation.

Policy definition of living ‘at home’

A student is considered to be living ‘at home’ where the child lives in a home maintained by a parent or guardian, notwithstanding that other homes are maintained by the same or another parent or guardian. For example, where a child alternates between living with separated parents in separate homes, or where a parent maintains more than one home and the child only lives at one, the child is considered to be living ‘at home’.

Policy definition of living ‘away from home’

A student is considered to be living ‘away from home’ if they reside away from their family (or primary) home for educational reasons. If a person is married, they are considered to be living at home as their home with their partner is considered to be their primary home. Likewise, a student who enters a de facto relationship is considered to be living at home once the nature of the relationship has been established.

An education allowance shall be payable fortnightly in advance, in respect of a student living at home and undertaking education as approved by the Commission.