9.5.3.4 Allowances for Tertiary students (including Apprentices, Trainees and cadets) living away from home

Allowances for Tertiary students (including Apprentices, Trainees and cadets) living away from home

A student is living away from home if they reside away from their family (or primary) home for educational reasons. Refer to the definition of ‘home’ in this manual. There is no waiting period to be eligible for the living away from home rate.

Living away from home rates of education allowance may be paid to a student undertaking an approved full-time tertiary or technical and further education course, where the Commission is satisfied that additional expenses are incurred as a result of the student living away from home and:

1. educational facilities are not readily accessible from the student’s place of residence; or
2. it is a compulsory requirement for the student undertaking an approved course to reside at a hall of residence; or
3. home conditions provide an inadequate study environment. 

Note that if a student is living in a home maintained by a parent or guardian (e.g. the parent or guardian’s name is on the lease, a parent resides in the residence part-time), then this would not generally be considered to be living away from home. The delegate should consult with the Family Policy team when a situation like this arises, to determine whether the at-home or living away from home rate should apply.

Allowances paid under paragraph 3.5.1 of the Instruments shall be payable to the student directly.

9.5.3.4.1 Online courses and the living away from home rate

A student who is required to live away from home because home conditions provide an inadequate study environment may be eligible for the living away from home rate when studying a full-time course online, if they meet the criteria for the living away from home rate. 

Delegates should consider these applications on a case-by-case basis and seek advice from the Policy team if required.

9.5.3.4.2 Overseas study

Allowances are paid at the living away from home rate to a student who has been awarded a place within a formal overseas exchange scheme or who has received a scholarship to study overseas. This benefit is payable for the duration of the approved period of overseas study.

Note that the student must still satisfy all other eligibility criteria for the duration of the approved period of overseas study e.g. must still be undertaking full-time education (which includes apprentices and trainees), and in the case of MRCAETS, must not be engaged in full-time work. This provision is intended to cover those in formal exchange and scholarship programs.

9.5.3.4.3 Effect of marriage or de facto relationships on living away from home rate

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.

Students who have married or entered a de facto relationship while on the MRCAETS are no longer eligible for Living Away From Home rate (or Rent Assistance) if they were previously receiving it. This is because it is considered that they have established their own home and are no longer dependent on the previously supporting parent.

If a student is receiving the living away from home rate and he or she marries or declares him or herself to be in a de facto relationship (and meets the definition), then payment is reduced to the living at home rate from the date of notification of the change in their living circumstances.

The student may instead seek assistance under another Commonwealth payment, subject to meeting the relevant eligibility criteria.

The delegate must have confirmed information from the student as to the change in circumstances before making any variation to the education allowance.

9.5.3.4.4 Establishing a de facto relationship

In forming an opinion as to whether two people are living together in a de facto relationship, relevant legislative provisions require a delegate to have regard to all the circumstances of the relationship, including the following factors:

• the financial aspects of the relationship,
• the nature of the household,
• the social aspects of the relationship,
• any sexual relationship between the people, and
• the nature of the people’s commitment to each other.

The order in which the factors are set out does not imply an order of importance and does not place a limit on the factors that may be considered in a particular case.

(1) Financial indicators of a possible de facto relationship

The following list is intended as a guide only and is not an exhaustive list of the possible joint financial arrangements which may be considered:

•  joint ownership of property and major assets,
• joint pooling of finances, shared accounts, credit cards, loans
• acting as guarantor for loans,
• legal obligations owed by one person in respect of the other person,
• shared responsibility for electricity, gas and telephone accounts,
• shared responsibility for everyday household expenses,
• nomination as beneficiaries of wills, trusts, insurance policies, compensation or superannuation,
• claiming a person as a dependent for tax purposes.

(2) the nature of the household

The following list is intended as a guide only and is not an exhaustive list of the possible domestic arrangements which may be taken into account, when assessing the character of a relationship:

• joint responsibility for providing care or support of children, natural, step, fostered or adopted
• the living arrangements of the people, e.g. exclusive use of certain rooms
• the residence regarded as the people’s usual home,
• shared ownership of the home, or contribution towards maintenance costs, renovation or capital expenditure
• arrangements for paying the rent, mortgage and expenses,
• names in which the tenancy has been recorded,
• the basis on which responsibility for housework is distributed.

(3) Social aspects of the relationship

Consideration of the social aspects of a relationship are an important factor in forming an opinion about whether a de facto relationship exists including:

• whether the people hold themselves out as each other’s partner,
• the assessment of family, friends and regular associates of the people about the nature of their relationship,
• whether either or both, of the people are already married to other people and may be reluctant to disclose the status of their current relationship for personal reasons, e.g. impact on children, negative responses by family and friends to the current relationship,
• whether either or both, of the people are widowed and may be sensitive to being perceived negatively by family or friends,
• whether the people chose not to refer to each other as married or de facto for social, religious or cultural reasons.

(4) Sexual relationship

The presence of a sexual relationship does not by itself prove the existence of a de facto relationship; nor does its absence prove one does not exist. Where a sexual relationship exists, consideration is given to whether it is ongoing and exclusive (whether there are ongoing casual relationships with other partners), in addition to the degree of emotional support provided and other forms of interdependence which may exist.

(5) The nature of the people’s emotional commitment to each other

The level of commitment to each other is considered in terms of the emotional attachment between the two people and whether it is qualitatively different to the commitment of either party to anyone else. Factors indicating the two people’s level of dedication to one another include:

• the length of the relationship,
• level of obligation or duty demonstrated to one another and/or each other’s families,
• concern demonstrated for one another’s welfare and level of practical assistance provided in times of need,
• emotional support provided, especially during times of crisis or illness,
• the nature and level of companionship provided and level of disclosure of confidences,
• the level of involvement in one another’s families and friends, level of closeness and familiarity,
• whether the nature of the commitment has changed (and how),
• whether the people consider that the relationship is likely to continue indefinitely,
• whether the people see their relationship as a de facto relationship.

Other indicators of a possible de facto relationship may include:

• nomination of each other as next of kin for employment purposes, accessing rental accommodation, health care, education of children,
• relationship status used for taxation, health, insurance, childcare, welfare or other purposes,
• history of changed addresses together, moving interstate together or living overseas together,
• provision of care for one another’s parents or close relatives.

Registered Relationship

To establish whether a person is a member of a same sex de facto relationship, the same factors are considered as for opposite sex relationships. The one exception to this process is that some Australian jurisdictions now have legislation that enables same sex and opposite sex couples to register their partnership. A person who is in a relationship that has been registered under the Victorian Relationships Act 2008, Tasmanian Relationships Act 2003 or the ACT Civil Partnerships Act 2008 is considered to be the partner of the person they are registered with. Registration of a relationship under one of these laws is conclusive proof (in the same way that marriage is) that two people are partnered or members of a couple*.

* Under relevant legislative provisions, provided that the person is not living separately and apart from the other person on a permanent basis, registration is conclusive proof of partnership.

If a person is in a registered relationship under a local register or an overseas register, this may be taken as evidence to contribute to the establishment of a registered relationship. However, registration in these contexts will not necessarily form conclusive proof of a partnered relationship.