Students Aged 16 or 17 Ineligible to Receive JobKeeper Payments

Restrictions surrounding minors who are students have been put in place. Significantly, those aged 16 and 17 years and undertaking full-time study on 1 March 2020, cannot be eligible JobKeeper employees or business participants. This is to ensure and encourage them to continue their education.

Under the amendments, children aged 16 or 17 years are only eligible if, in addition to the general requirements under the Rules, on 1 March 2020 they:

• met the definition of being independent within the meaning of section 1067A of the Social Security Act 1991. This includes circumstances in which the child had been in long term full or part-time employment broadly for a two year period and a number of other situations; or
• were not studying full-time as defined in the Social Security Act 1999. Full-time study is defined in broad terms to mean enrolled in and undertaking study in a course of study at an educational institution of at least 75 per cent of the normal full-time study requirements. Where a school leaver is enrolled to commence university or other further education, they continue to be considered to be a full-time student despite classes having not necessarily commenced as at 1 March 2020.

In broad terms, a child is considered independent if they can demonstrate that they:

• have supported themselves through work with long term full or part-time employment broadly for a two year period;
• are, or have been, married or are in a registered relationship;
• have lived in a de facto relationship as a member of a couple for at least 12 months;
• have, or have had, a dependent child;
• are JobSeeker assessed as unable to work over 30 hours a week;
• are unable to live at home due to extreme circumstances;
• have parents that are unable to support them;
• are a refugee and their parents do not live in Australia;
• are an orphan that has not been legally adopted; or
• are in state care, including foster care.