3.7.2.70 SpB for Young People Under 18 Years of Age

Summary

A young person under 18 years of age is still required to meet the usual provisions for SpB. As with all claims for SpB, all avenues of support should be explored and exhausted before the claim is granted. A young person under 18 years, including a young person under the minimum school leaving age, does not have to undertake full-time study in order to receive SpB.

A young person under 18 years would generally not qualify for SpB unless they were regarded as independent under one of the following YA independent categories:

• orphan,
• parents cannot exercise responsibilities,
• refugee,
• unreasonable to live at home,
• member of a couple,
• person with a dependent child, and
• person in unsupported state care.

Young people aged 16 and 17 years who are regarded as dependant for YA purposes and who are not eligible for another income support payment, may be paid SpB rather than their parents receiving FTB if the rate of SpB would be more than the rate of FTB. Generally people in these cases will be holders of TPVs and subclass 309 and 820 visas.

Note: TPV holders who are unaccompanied minors are placed in the guardianship of a state/territory government (state care). Those above the state/territory minimum school leaving age may qualify for SpB if they are not receiving ongoing support from a carer, state/territory welfare department, community organisation or Commonwealth.

Full-time students

A young person under 18 years may undertake full-time study. However, full-time students under 16 years must also be homeless. The requirement to be homeless does not apply to full-time students aged 16 and 17 years.

A full-time student under 16 years can be considered homeless, although living with a parent, if the parent is judged to be homeless.

Explanation: In the AAT cases of Kumar and Underwood a critical factor in deciding to grant SpB to the children was that they were homeless.

Explanation: The criteria for homelessness in section 739 of the Social Security Act 1991, only applies to young people who are full-time students under 16 years of age.

Act reference: SSAct section 738 Payments under certain education schemes, section 739 SPB homeless person, section 1067A When a person is regarded as independent

Policy reference: SS Guide 3.7.1.10 Qualification for SpB, 3.2.3 YA - Qualification & Payability, 3.2.5 YA & DSP for Independent Young People

Factors to consider for young people under 18 years

The delegate should consider the issues in the following table when determining whether payment of SpB is appropriate.

Policy reference: SS Guide 3.7.1.80 Determining the Rate of SpB

Commonwealth & State/Territory Youth Protocol

Under the Commonwealth and State/Territory Youth Protocol, the states and territories are responsible for the care and support of young people under 15 years, who cannot live at home.

SpB should NOT be paid to a young person during the protective assessment period under the protocol.

Explanation: State/territory welfare departments have agreed that they will meet the young person's needs during that time.

SpB should ONLY be paid if, after completion of the protective assessment and case discussion, the state/territory welfare department does NOT intend to provide support to the young person. The young person must still meet all eligibility requirements for SpB. In this case, the claim commencement date is based on standard contact rules and start date provisions.

Note: Centrelink social workers should maintain ongoing contact with the state/territory department to ensure a transition strategy is in place.

Social worker involvement

All SpB claims from young people under 18 years should be referred to a social worker for assessment.

Under the provisions of the Commonwealth and State/Territory Youth Protocol, social workers can refer young people to a state/territory welfare department for a protective assessment of their needs IF they are:

• 15 years of age,
• under 18 years and in the legal care of the state or territory, OR
• under 18 years and at serious and imminent risk from abuse or violence.

Policy reference: SS Guide 8.1.7.20 Social Worker Involvement - Specific Payments

Young people under school leaving age

If SpB is granted to a young person under school leaving age, their qualification for YA must be considered when they reach school leaving age.

Explanation: A young person under 18 years of age, who is above the minimum school leaving age may qualify for YA. The young person would be expected to lodge a claim for YA as soon as possible.

If a claim for YA has not been lodged within 4 weeks of the date school leaving age is reached, payment of SpB would normally be cancelled unless there are exceptional reasons for not lodging the YA claim.

_______________________________________________________

Last reviewed: 3 November 2008