Once the delegate determines the veteran had any dependants (see chapter 5.12.3) at the relevant date, the delegate must then determine whether the dependant(s) were also eligible young person(s) before additional compensation can be paid under section 80.
Section 5 provides the definition of eligible young person as follows:
a person under 16; or
a person who:
- is 16 or more but under 25; and
- is receiving full-time education at a school, college, university or other educational institution; and
- is not in full-time employment or engaged in work full-time on his or her own account.
It is worth highlighting, that a person under 16 remains an eligible young person regardless of their education or employment situation. This differs for a person who is age 16 or over and under 25, where their eligible young person status will depend on their full-time education and employment situation.
Full-time education
A person between 16 and 25 must be receiving full-time education at a recognised institution.
While, the MRCA does not define ‘receiving full-time education’, it is generally considered to be that the person is:
- enrolled at a recognised institution (for example, school, college, university),
- undertaking educational studies,
- on a full-time basis.
When considering receiving full-time education, the provision should be interpreted broadly, with a focus on the person’s circumstances. In most cases, delegates may rely on evidence of the person’s enrolment at an educational institution to understand whether their education is undertaken on a full-time basis. A person undertaking study on a part-time basis is generally not considered full-time for the provisions.
In some limited circumstances, there may instances where a person is receiving full-time education based on their capability, rather than engaging in what the educational institution generally stipulates to be a full-time workload. Where there is medical evidence to support that a person may not be undertaking a typical full-time workload determined by the institution, however they are at their individual capacity or capability, the delegate may be satisfied the person is receiving full-time education.
Note: In line with the MRCA being a beneficial legislation, an interpretation that favours granting the benefit will likely be preferred. However, for borderline or complex cases, delegates should consult with Benefits and Payments Policy for further guidance. To do so, please refer to the Delegate Support Framework.
Full-time employment
The second consideration for a person 16 or over and under 25 to be considered an eligible young person, is they must not be in full-time employment or engaged in work full-time on his or her own account.
Full-time employment or work full-time would mean the person is engaged in remunerative work or employment on a full-time basis, which is generally considered to be 35 or more hours per week. This means that a person with a part-time job (provided they meet the other full-time education requirement) should not be excluded as an eligible young person.
Where a person is working or helping out part-time in the family business or who perform unpaid work for a friend/family business, although they may be considered to be working, they are not considered to be engaged in full-time work on their own account.
Example 1
The delegate determines the relevant date for the purposes of subsection 80(2) is 30 January 2019. Evidence provided confirms that at 30 January 2019, there was a child and a step-child living in the veteran’s home. The child was aged 8 and in primary school at the relevant date and the step-child was age 10 and also in primary school at the relevant date. In this example, it would be open to the delegate to consider both the child and the step-child were eligible young people at the relevant date.
Example 2
The delegate determines the relevant date for the purposes of subsection 80(2) is 30 March 2021. The veteran provides evidence confirming that at 30 March 2021, there was a child and the veteran’s partner living in the home. The child was aged 1 at the relevant date. The partner was 23, studying full-time remotely from home, and working one day a week providing tuition online at the relevant date. In this example, it would be open to the delegate to consider the child was an eligible young person at the relevant date. It would also be open to the delegate to determine the partner was an eligible young person as she was under 25, studying full-time and not working full-time at the relevant date.
Example 3
The delegate determines the relevant date for the purposes of subsection 80(2) is 1 March 2022. The veteran provides evidence confirming that at 1 March 2022, there were three children living at home, aged 10, 14 and 18. The veteran also provides evidence confirming the children aged 10 and 14 were in primary school and high school full-time at the relevant date. The 18 year old child was a second year apprentice at the relevant date, and not working in any other employment. In this example, it would be open to the delegate to determine the 10 and 14 year old children were eligible young people at the relevant date. It would also be open to the delegate to determine the 18 year old child was an eligible young person as he was under 25, studying full-time in an apprenticeship and not working full-time at the relevant date.
Note: Whilst apprenticeships generally consist of learning practical skills and studying as well as some small amounts of remuneration, full-time apprenticeships are generally considered full-time study and not full-time work. Where complex matters in relation to apprenticeships or similar education courses arise however, please request tailored policy advice from Benefits & Payments Policy. To do so, please refer to the Delegate Support Framework.
Example 4
The delegate determines the relevant date for the purposes of subsection 80(2) is 20 May 2019. Evidence provided confirms that at 20 May 2019, there was one child living at home, aged 19. Further evidence provided confirms the child was working casually 6 hours per week as a retail assistant and studying part-time at TAFE at the relevant date. The veteran provides evidence confirming the child has autism spectrum disorder and as a result, is unable to study on more than a part-time basis, however, that the child’s study-load could be considered full-time study as a result of a decreased capacity caused by the neurodivergent condition. The veteran also provides a medical diagnosis and capacity assessment from the child’s medical practitioner and a letter from the TAFE confirming the child’s enrolment, subject courses and hours required.
In this case, it would be open to the delegate to take into consideration the child’s neurodivergent condition and the impact that condition has on their ability to complete what would normally be considered a full-time study load. If the evidence causes the delegate to be satisfied the child is receiving full-time education at their capacity, then it would be open to the delegate to consider them an eligible young person at the relevant date.
Note: In line with the MRCA being a beneficial legislation, an interpretation that favours granting the benefit will likely be preferred. However, for borderline or complex cases, delegates should consult with Benefits and Payments Policy for further guidance. To do so, please refer to the Delegate Support Framework.
Note: Please see the compensation claims procedures manual for more information about evidentiary requirements.