One parent application
Parental income test
For students under 24 without children, the rate of Student Allowance is normally subject to both their parents' income.
The 'one parent application' is for situations where the student is considered to be 'independent' from one parent, and therefore only the income of the other parent will be assessed.
A one parent application can only be approved where the two parents are not living together.
A one parent application should generally not be approved if:
- the parent states they have a new partner or
- the parent is not the only person responsible for the student's well-being or financial support
In these cases, you need to determine whether the other person should be considered to be a 'parent'.
If the new partner states that they do not support the student, this does not exclude the new partner's income from the parental income test, as refusal to provide support is not by itself a reason to exclude them.
Exercise of discretion
A decision to grant a One Parent Application involves the exercise of discretion to make an entitlement decision based on the purpose and intent of the regulation, the limitations of the wording of the regulation, and the facts of the particular situation.
Criteria
A student may have only one parent's income assessed if the parents are not living together and the student is considered to be 'independent' of the other parent.
A student will only be considered to be 'independent' from the other parent if:
- the student is estranged from that other parent to the extent that contact now would have a detrimental psychological effect on either the student or the parent
- the student is or has been subject to severe mental cruelty by their parent or
- the other parent (or their spouse) has physically or sexually abused the student or
- the other parent is serving a sentence of imprisonment or is otherwise remanded or detained in a prison and therefore is unable to be responsible for the student or contribute towards the student's support or
- the other parent is under an inpatient order under the Mental Health (Compulsory Assessment and Treatment) Act 1992, and therefore is unable to be responsible for the student or contribute towards the student's support or
- by reasons of other special circumstances the relationship has broken down to such an extent that the student should be considered independent from the other parent
If only one parent is living or one parent's whereabouts are unknown, e.g. one parent is in a "politically unstable" country and no contact or financial support is possible, then a one parent application can be approved.
A one parent application form must be completed in addition to a Student Allowance application form.
If a one parent application is approved, the parental income assessment will usually remain in place for at least that period of study.
If however, circumstances change before the start of the student's course so that the circumstances under which the one parent application was approved no longer apply, then the application must be reassessed.
The following situations do not demonstrate a student's 'independence' from a parent:
- the parent is overseas
- the refusal of the parent to provide financial support for the student
- Relationship Property Settlements where it has been agreed that one parent is not responsible for financially supporting the student
Does an Independent Circumstances Allowance need to be considered?
It is important to consider entitlement to a Student Allowance irrespective of what is actually applied for, as an application may not reflect the actual entitlement that exists, depending on the understanding of the applicant.
Therefore, when assessing a one parent application, it may become apparent that it would be more appropriate to test the student's eligibility to an Independent Circumstances Allowance given the student's circumstances.
Other eligibility and entitlement criteria still relevant
Students applying for a Student Allowance under a one parent application must still meet the standard eligibility and entitlement criteria for a Student Allowance.
Continuation of a 'one parent' situation
If a student has previously had a 'one parent' application approved, they can effectively apply for their approval to be 'continued'.
This means, their personal situation does not have to be fully verified as long as the student declares and confirms that their circumstances have not changed.
However, if a student indicates that their circumstances have changed you will need to review their continued eligibility and make a new assessment.
Parents have no right of review
Third parties, including a parent, do not have a right of review in relation to a 'one parent' application.
The application is the student's application.
MSD does not have the authority or right to disclose to a third party, including a parent, any matters relating to an application - unless the student has authorised it.
If a third party, including a parent, wishes to act on behalf of a student then they must become an agent for the student. An agent's powers may be limited to a specific issue, for example to assist with a Review of Decision application.
If a third party applies to act on behalf of a student in relation to their one parent application, MSD needs to ensure they are not acting in place of a second parent for the student.
For more information see:
Legislation
- parent (definition) regulation 2 Student Allowances Regulations 1998
- Assessment of parental income regulation 4 Student Allowances Regulations 1998
