Who can get it

Education providers and corrective services who provide courses to ABSTUDY students can claim this allowance on behalf of the student.

Both you, as the education provider, and the student or Australian Apprentice, need to meet eligibility criteria.

Approved education providers

Providers can include corrective services as well as external education and training providers.

You’re an approved education provider if your organisation is one of the following:

  • corrective services providing courses for students or Australian Apprentices in lawful custody
  • secondary or primary school
  • TAFE or registered training organisation
  • special school
  • higher education provider, like a university.

Eligibility criteria for ABSTUDY students or Australian Apprentices

Students or Australian Apprentices in custody may be eligible for the allowance if they meet all of the following criteria:

  • are of Australian Aboriginal or Torres Strait Islander descent
  • identify as an Australian Aboriginal or Torres Strait Islander
  • are accepted as Australian Aboriginal or Torres Strait Islander in the community where they live or did live
  • are an Australian citizen
  • are in custody for more than 2 weeks
  • aren’t getting any other government assistance to study or to complete their Australian Apprenticeship
  • are enrolled in an approved full time or part time course, or undertaking a full time Australian Apprenticeship.

Examples of ABSTUDY Lawful Custody Allowance claims

Example 1

Craig was in prison for 18 months. He took the general education courses his facility offered. Craig studied 3 general education courses run by the correctional facility. We reimbursed his facility $10 for each course which covered the costs of the photocopying and stationery.

Example 2

Derek was in custody at a correctional facility for 9 months. The facility offered a horticulture program and Derek signed up. The facility claimed ABSTUDY Lawful Custody Allowance for the cost of the horticulture supplies, including potting mix and seeds. We reimbursed them $55.

Example 3

Toni was in a correctional facility for 2 years. She was interested in getting a qualification that would help her find work later. The facility arranged for Toni to train with an external provider to get her forklift operator licence. She needed access to a forklift to pass her operator test. The facility applied in advance to Services Australia to cover the cost of the forklift hire. We reimbursed them $250.

Page last updated: 10 December 2021.
QC 54892