Notice Type
Departmental
Away from Home Allowance Welfare Programme Pursuant to section 124 (1) (d) of the Social Security Act 1964, I, Roger Morrison Sowry, Minister of Social Welfare, establish and approve the following welfare programme for special assistance. Programme 1. Title and commencement 1.1. This programme is called the Away from Home Allowance Programme. 1.2. This programme commences on the day it is approved by the Minister. 2. Definitions 2.1. In this programme, unless the context otherwise requires, ``Act'' means the Social Security Act 1964; ``Allowance'' means an away from home allowance under this programme; ``Applicant'' means a person applying for an allowance; ``Course'' means the appropriate course referred to in clause 5.1.1; ``Dependent'', in relation to an applicant, means a young person (a) Whose care is primarily the responsibility of the applicant; and (b) Who is being maintained as a member of the applicant's family; and (c) Who is financially dependent on the applicant; and (d) Who is not a young person (within the meaning of the Children, Young Persons, and Their Families Act 1989) in respect of whom payments are being made under section 363 of that Act; ``Home'' means the applicant's usual place of residence; ``Parent'', in relation to a young person, includes a step-parent, a guardian, or a person who otherwise has the care of the young person; ``Young Person'' means a person aged 16 or 17 years who is not financially independent. 2.2. Terms beginning with capital letters that are otherwise defined in section 3 (1) of the Act have the meanings so defined. 3. Purpose 3.1. The purpose of this programme is to financially assist families with low income to provide for their 16 or 17 year old children who are living away from home and undertaking tertiary study, or attending an approved employment related training course. 4. Application of the Social Security Act 1964 4.1. The following provisions of the Act apply to this programme as if an allowance was a benefit under Part I of the Act: sections 10, 12, 64, 66, 66a, 66b, 68, 69, 70b, 74, 74a, 77, 80a, 81, and 82 (1), (2), (4), and (7). 4.2. The following provisions of the Act apply to this programme according to their tenor: sections 11, 12j, 86 (1c), (2) and (9a), 86a to 86j, 124 (1a), 126a, and 127. 5. Away from home allowance 5.1. The Director-General may grant an away from home allowance to an applicant if 5.1.1. The applicant is a parent of a young person who is living away from home and is (a) Undertaking a course of study at a tertiary institution or a private training establishment (as those terms are defined in the Education Act 1989) for which a student allowance could be paid under the Student Allowance Regulations 1991 if the young person was 18; or (b) Attending an approved employment related training course for which a training benefit could be paid under the Act if the young person was 18; and 5.1.2. The young person is dependent on the applicant; and 5.1.3. The applicant is eligible for a family support credit of tax under the Income Tax Act 1994 for the young person (whether or not the applicant is receiving any family support); and 5.1.4. The applicant signs an undertaking that he or she will apply the allowance toward the cost of care of the young person while on the course. 5.2. Only one allowance may be granted at any particular time in respect of a young person. 6. Application for allowance 6.1. An application for an allowance is to be made in a form set by the Director-General. 6.2. In addition to any other information required to establish qualification for an allowance, the applicant must provide evidence to the satisfaction of the Director-General that the applicant is eligible for a family support credit of tax under the Income Tax Act 1994 for the young person. 7. Rate of allowance 7.1. The amount of an allowance is the amount of an accommodation supplement that would be granted to the young person under the Act in respect of the young person's accommodation costs while living away from home. 7.2. In calculating the amount of an allowance, 7.2.1. The young person is to be treated as if he or she was receiving an unemployment benefit under the Act; and 7.2.2. No account is to be taken of any income or assets of the young person. 7.3. In this clause, ``accommodation costs'' has the meaning in section 61e of the Act. 8. Beginning and end of allowance 8.1. An allowance begins on the later of 8.1.1. The date the young person commenced to live away from home to attend the course; or 8.1.2. The date the course commences; or 8.1.3. The date of application for the allowance. 8.2. Every allowance ends on the earliest of the following dates 8.2.1. The date the course ends; or 8.2.2. For a course that extends beyond one academic year, the date the academic year ends; or 8.2.3. The date the young person ceases permanently to attend the course; or 8.2.4. The date the young person ceases to live away from home (not counting any living at home during holiday periods during the academic year); or 8.2.5. The date that is 6 months after the allowance began or was last renewed; or 8.2.6. The date the applicant ceases to be eligible to receive a family support credit of tax for the young person; or 8.2.7. The date the young person ceases to be dependent on the applicant; or 8.2.8. The date the young person turns 18. 8.3. An Allowance that ends under clause 8.2 may be granted under clause 5 for a renewed period if the applicant 8.3.1. Remains qualified for it; or 8.3.2. Establishes to the satisfaction of the Director-General that he or she is again qualified for it in respect of the young person. 8.4. An allowance granted for a renewed period begins on the later of 8.4.1. If the previous allowance ended under clause 8.2.5, the day after the previous allowance ended; or 8.4.2. The day on which the applicant again became qualified for it; or 8.4.3. The date of application for the renewed allowance. 9. Payment of allowance 9.1. Every payment of an allowance is to be made to the applicant. Dated the 19th day of January 1998. ROGER MORRISON SOWRY, Minister of Social Welfare.
Publication Date
29 Jan 1998

Notice Number

1998-go682

Page Number

349