The Law Handbook 2024

Chapter 5.1: Dealing with social security 323 • people aged 16 to 17 who are studying full-time and have completed Year 12 or an equivalent; or • people aged 16 to 17 who are studying full-time and who are independent or need to live away from home to study. People aged over 25 may be eligible to receive the Youth Allowance if they were receiving the Youth Allowance as an Australian apprentice or full-time student before turning 25 and continue in that course or apprenticeship. People aged 15 may be eligible to receive the Youth Allowance if they are considered to be independent. They must also be above the school leaving age in their state or territory and satisfy, or are exempt from, activity test requirements. Youth Allowance (job seeker) may be payable to people aged 16 to 21 who are: • looking for full-time work or undertaking approved activities; or • studying part-time and looking for work; or • temporarily unable to work. A person who receives Youth Allowance (job seeker) must agree to an Employment Pathway Plan and will be subject to mutual obligation requirements (see ‘Compliance with mutual obligation requirements’, below). When a person receiving Youth Allowance (job seeker) turns 22, they transfer to the JobSeeker Payment. A person aged under 22 who has not completed Year 12 or an equivalent qualification usually needs to participate in education or training full-time, or spend at least 25 hours a week participating in part- time study or training, in combination with other approved activities. If a person aged under 22 has a partial capacity to work, they may also be eligible for a Youth Disability Supplement. Payment of the Youth Allowance is subject to waiting periods similar to those for the JobSeeker Payment (see ‘Waiting periods’ under ‘JobSeeker Payment’, above). Failure to comply with mutual obligations requirements under the Employment Pathway Plan may result in a penalty. The penalties are the same as for the JobSeeker Payment (see ‘Compliance with mutual obligation requirements’, below). Changes tomutual obligation requirements in 2022 introduced a points-based system for compliance (see ‘Recent social security reforms’, above). Under 18-year-olds People aged 16 or 17 who live at home and are full- time secondary school students are not eligible to receive the Youth Allowance. To be eligible to receive the Youth Allowance, a 16- or 17-year-old must be required to live away from home under section 1067D of the SS Act, or be considered to be independent under section 1067A. Young people aged 16 and 17 normally have to do full-time education or training to receive the Youth Allowance. However, they may be exempted if one of the following applies: • the person has a temporary incapacity due to ill- ness or an accident; • the person has a disability or learning difficulties; • the person is pregnant and the expected date of confinement is within six weeks; • the person has given birth within the last six weeks; • the person has been refused enrolment and no other education or training place is available within a reasonable distance; • the person is required to provide full-time care for a family member who is incapacitated due to illness or accident and the incapacity is, or is likely to be, of a temporary nature; • the person is homeless; • the person is experiencing a personal crisis or is a refugee (in some circumstances); • the person has suffered a major disruption of their home such as fire damage, flooding, earthquake damage, vandalism or burglary; • the person has part-time work/education for at least 25 hours per week; • the person has a drug or alcohol problem; • the person is the subject of a community service or juvenile justice order which reduces the person’s capacity to engage in full-time education; • the person is receiving Commonwealth- funded intensive assistance for jobseekers or state, territory or community-provided case management, or, where no intensive assistance or case management place is available to the person, is suitable for and agrees to undertake intensive assistance or case management; or • Any other circumstances which may make it unreasonable for the person to be in full-time education or training. For the purposes of determining the correct rate and the application of parental means testing,