External
Policy

 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. Whether a student is considered to be living at home or living away from home is a question of fact that is up to a delegate to determine. 

However, the rules for Youth Allowance (YA) under the Social Security Act 1991 (SSA) can help delegates determine if the student’s housing/living arrangements and circumstances align to the definition of “Living away from home” or the definition of living “At home”.

The SSA provides general definitions for “living at home” at s1067E and “required to live away from home” at s1067D.

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.

Further Guidance

For the purposes of establishing whether the student is living independently from the family home, supporting evidence may include (but is not limited to):

  1. Photographs of the dwelling and facilities inside the dwelling, to establish if it is fully self-contained accommodation that includes: a kitchen, bathroom and other facilities that do not require the child to use the parent's home on a regular basis; and/or
  2. Statements to establish if they are living independently from the family home.

For the purposes of establishing that the parental home is an inadequate study environment, supporting evidence may include (but is not limited to):

  1. Photographs showing the family home is overcrowded, which means they lack the physical facilities and privacy required for study; or
  2. Evidence that the home is a place of conflict between the student and their parents or between the parents e.g. conflict involving alcoholism, assault, or chronic illness in the family; or
  3. Other evidence showing that the home is inadequate for study, such as statements from members of the family.

Granny Flats

Where a student lives in a granny flat within property owned by a parent or parents, they are generally considered to still be living at home.

In addition to the usual criteria for the living away from home rate to be payable, students must demonstrate that they are in fact living “away” from the family home (for example, showing that their granny flat is fully self-contained, that they prepare their own meals, pay their own bills/rent etc.) for the student to be considered to be “living away from home”.

For the purposes of establishing whether their granny flat is fully self-contained, that they prepare their own meals, pay their own bills/rent etc., supporting evidence may include (but is not limited to):

  1. Photographs of the dwelling and facilities inside the dwelling, to establish if it is fully self-contained accommodation that includes: a kitchen, bathroom and other facilities that do not require the child to use the parent's home on a regular basis; and
  2. Evidence to establish if they are paying bills/rent etc.

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.