Special rules about the payability of Special Benefit apply to children and young people under 18.
For school students under 16, Special Benefit can only be paid where the child is considered to be “homeless”. This means that Centrelink will only pay Special Benefit to school children under 16 if they, and/or their family, are without permanent, stable accommodation, eg if they are staying in a refuge or being provided with accommodation by a friend or a relative on a temporary basis.
Current Centrelink policy draws a distinction between children under 12, and children 12 and over. According to this policy, children under 12 who are full-time students, and who are in the sole care of a non-resident parent who is not qualified for an income support payment, may qualify for Special Benefit if they are “at severe risk of homelessness”. This means that, in some situations, even where the family lives in rented accommodation secured by a lease, the children may be considered to be “homeless” if a continued lack of income would result in them losing that accommodation.
Centrelink’s policy currently states that the “severe risk of homelessness” test does not apply to children who are between 12 and 16. Children between 12 and 16 who are in full-time study will therefore need to show that they are actually “homeless” in order to qualify for Special Benefit. Whether or not a person has a “home” will depend on the circumstances in each case. Relevant factors will include whether the place at which a person stays is a permanent place of residence, whether or not the person can be thrown out at any time and whether living conditions are over-crowded.
The application of the legislation which precludes a school child between 12 and 16 from obtaining Special Benefit unless they are “homeless” is doubtful and unclear. Any citizen child who is without adequate means of support and who is refused Special Benefit should appeal (see Chapter 3 and Chapter 48).
The “homelessness” requirement does not apply to young people who are 16 or 17 and in full-time study. These students can qualify for Special Benefit whether or not they are homeless.
For Special Benefit purposes, full-time study is defined by Centrelink as 20 hours or more of study per week, including contact hours and private study. Centrelink will generally only approve study for a Special Benefit recipient if the course is of less than 12 months duration.
Nominated Visa Holders (see section 7) may undertake full-time study (or may be required to do so), including a full-time course of vocational training, as part of their activity test under the Activity Agreement. Others on Special Benefit may undertake full-time study if the course is likely to improve the person’s prospects of seeking or obtaining suitable work.
A person who is over 18 can continue to receive payment of Special Benefit while completing secondary studies.
Centrelink will generally consider full-time tertiary study to be inappropriate except where future work prospects are likely to be improved, (although, nominated visa holders who are exempted from the activity test due to a disability may undertake full-time tertiary study). A person wishing to undertake full-time study should approach Centrelink about studying, and should argue that the course they wish to study is vocational and will enhance their employability.
A person may also receive Special Benefit where they have deferred a course of education.
