13Additional eligibility requirements for ACCS (transition to work)

#### 13 Additional eligibility requirements for ACCS (transition to work) (1) For paragraph 85CK(1)(c) of the Family Assistance Act, the prescribed requirements that must be met by an individual at the start of a CCS fortnight to which a session of care relates are: (a) the requirements (the activity requirements) set out in subsection (2); and (b) the requirements (the income requirements) set out in subsection (3). (2) In order for an individual to meet the activity requirements, the individual must meet at least one of the following during the period provided by subsections (12) and (13): (a) the requirements (the study requirements) set out in subsections (7) and (8); (b) the requirements (the job search requirements) set out in subsection (10); (c) the requirements (the work/training requirements) set out in subsection (11). Income requirements (3) An individual meets the income requirements where the estimate of the individual’s adjusted taxable income that would be used to determine the individual’s entitlement to CCS for the week to which the session of care relates, including as determined by Division 4 of Part 3A of the Family Assistance Administration Act, is equal to or lower than the lower income (base rate) threshold (as referred to in clause 3 of Schedule 2 to the Family Assistance Act). > Note: Adjusted taxable income is defined in Schedule 3 to the Family Assistance Act to include the income of any partner of the individual as set out in that Schedule. Study requirements (7) An individual meets the study requirements in relation to an approved course of education or study if: (a) the course is of the following type or of the following level: (i) a secondary course within the meaning of Schedule 1 to the Student Assistance (Education Institutions and Courses) Determination 2019; (ii) a preparatory course within the meaning of the Student Assistance (Education Institutions and Courses) Determination 2019; (iii) level 2 (Certificate II) through to level 8 (up to Graduate Diploma) of the Australian Qualifications Framework; and Note: For approved course of education or study, see subsection 541B(5) of the Social Security Act 1991 and subsection 3(1) of the Family Assistance Act. (b) the individual is making satisfactory progress in that course of education or study; and (c) where the course of education or study is of a kind described in subparagraph (a)(iii), the study occurs at a level that is above any level that the individual has already studied at within the last 10 years, unless: (i) on a single occasion, the individual studied a course of education or study at a higher level than the level at which they are currently studying for a period of less than 6 weeks; or (ii) the individual has, only once, begun studying at a level below a qualification already achieved, where the study (if completed) will qualify the individual for an occupation listed in the list known as the Skills Priority List (prepared by Jobs and Skills Australia, and as existing from time to time) and the study involves progression towards a qualification that the individual has not already studied towards; or (iii) on 1 July 2018, the individual is in receipt of the payment known as Jobs Education and Training (JET) Child Care Fee Assistance that is paid by the Commonwealth in respect of a course of education or study and the individual was engaged in that course of education or study on that day. > Note: The Skills Priority List could in 2024 be viewed on the Jobs and Skills Australia website at www.jobsandskills.gov.au. (8) The exception in subparagraph (7)(c)(iii) only applies to the individual for that course of education or study referred to in that subparagraph. (9) For this section, the Australian Qualifications Framework is the second edition of the publication of that name (which could in 2024 be viewed on the Australian Qualifications Framework website at www.aqf.edu.au). Job search requirements (10) An individual meets the job search requirements where the individual is actively looking for work and can provide evidence to the Secretary that he or she is looking for work. Work/training requirements (11) An individual meets the work/training requirements where he or she is participating in any of the following activities: (a) paid work; (b) actively setting up a business; (c) unpaid work (including a work experience placement or an internship); (d) a vocational training or other program which, in the opinion of the Secretary, has a reasonable likelihood of improving the individual’s employment prospects. Time limits (12) Subject to subsections (15) and (16), the period during which an individual is eligible for ACCS (transition to work) under subsection 85CK(1) of the Assistance Act is limited to the period set out in the table below, unless subsections (13) and (14) apply: | Item | Where the individual is meeting the following requirements: | The individual is only eligible during the following period: | | ---- | ------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | 1 | The study requirements | (a) where the course is at level 2 (Certificate II) to 6 (Advanced Diploma, Associate Degree) (inclusive) and level 8 (Bachelor Honours Degree, Graduate Certificate, Graduate Diploma) of the Australian Qualifications Framework—104 weeks for each course studied on a full‑time basis or 208 weeks for each course studied on a part‑time basis; or(b) where the course is at level 7 (Bachelor Degree) of the Australian Qualifications Framework—156 weeks for each course studied on a full‑time basis or 312 weeks for each course studied on a part‑time basis; or(c) where the course is a secondary course within the meaning of Schedule 1 of the Student Assistance (Education Institutions and Courses) Determination 2019 or a preparatory course within the meaning of that Determination, 104 weeks for full‑time study, or 208 weeks for part‑time study | | 2 | The job search requirements | 26 weeks | | 3 | The work/training requirements set out in paragraphs (11)(a), (b) or (c) | 26 weeks | | 4 | The work/training requirement relating to training set out in paragraph (11)(d) | 52 weeks full‑time or 104 weeks part‑time | | 5 | The work/training requirement relating to employment prospects set out in paragraph (11)(d) | 52 weeks | (13) This subsection applies if, on 1 July 2018: (a) the individual was engaged in a course of education or study for the purposes of meeting the study requirements; and (b) the individual was in receipt of the payment, known as Jobs Education and Training (JET) Child Care Fee Assistance that is paid by the Commonwealth. (14) Where subsection (13) applies to an individual, the maximum period during which the individual is eligible for ACCS (transition to work) is worked out as follows: the applicable number of weeks set out in the right hand column of item 1 of the table in subsection (12) minus the number of weeks the individual has already engaged in the study requirements referred to in that item. (15) The period referred to in item 1 of the table in subsection (12) relates to each new course of education or study that the individual studies. > Note: Example: Lyndal completes a Certificate II level qualification and, once completed, begins a Bachelor Degree—when she begins study towards the Bachelor Degree, she has a new period of 156 weeks (full‑time) during which she can remain eligible for ACCS (transition to work). (16) The periods referred to in items 2 to 5 of the table in subsection (12) apply to an individual only once in their lifetime, so that the period accrues as an aggregate for each activity. > Note: Example: Michelle trains for 52 weeks, full‑time, as described in item 4 of that table—following that period she is unable to remain eligible for ACCS (transition to work) where she continues to train beyond those 52 weeks. However, she could be eligible if she subsequently begins a course of education or study referred to in item 1, or if she begins another activity referred to in items 2, 3 or 5.