13.3.9.1 Students Living At Home
Payments to primary students and secondary students under the age of 16 will be made to the person who is entitled to be paid family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999 (entitled person) and if there is no entitled person - to a person approved by the Commission to receive the payment on the student’s behalf.
13.3.4.4 Establishing a de facto relationship
In forming an opinion as to whether two people are living together in a de facto relationship, section 11A of the VEA (which also applies to MRCA relationships) requires a delegate to have regard to all the circumstances of the relationship, including the following factors:
1. the financial aspects of the relationship,
13.3.4.3 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.
13.3.4.2 Overseas study
For details on the rate for students studying overseas, see 13.3.3.2 of this Manual.
13.3.4.1 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 set out in part 3.5 of the Instruments.
Delegates should consider these applications on a case-by-case basis and seek advice from the Policy team if required.
13.3.3.3 Effect of marriage or de facto relationships on living away from home rate
For the effect of marriage or de facto relationship on the living away from home rate, see Part 13.3.4.2 of this manual.
13.3.3.2 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.
13.3.3.1 Online courses and the living away from home rate
A student who is required to live away from home may be eligible for the living away from home rate when studying a full-time course online if they meet the criteria set out in part 3.4 of the Instruments (ie – the reason why the student is living away from home). These criteria include where the student is a member of an itinerant family or where home conditions are detrimental to the student’s educational progress.
13.2.6.3 Orphans
Single and double orphans under the VEA
See paragraph 3.6A of the VCES Instrument regarding double orphans
13.2.6.2 Services Australia Clearances
DVA will seek clearance from Services Australia before granting VCES or MRCAETS assistance to a secondary or tertiary student. Where the student is transferring to the Scheme from another Commonwealth educational assistance or income support scheme an agreed "cut-off" date must be negotiated with Services Australia.
