(Cth) Expand the Unreasonable to Live at Home Criteria for Young People with a History of Family Violence

Mieke Crighton, Jemima Tabacco, Abbey Bailey, Zoe Kromar & Alice Nigro
5 days ago
7 min read

Author: Mieke Crighton, Jemima Tabacco, Abbey Bailey, Zoe Kromar & Alice Nigro | Publish date: 9/8/2026

Content Warning: Domestic and Family Violence

P: In Australia, young people who have experienced domestic and family violence are often unable to access income support payments as an independent person.
S: The Minister for Social Services should amend Section 1067(9)(ii) of the Social Security Act 1991 (Cth) to expand the Unreasonable to Live at Home criteria to include young people with a documented history of family violence without requiring additional evidence (see below).
E: Economic Justice Australia (EJA) (2026): ‘Amend section 1067(9) of the Social Security Act to expand the Unreasonable to Live at Home criteria to include young people with documented history of family violence … without requiring additional evidence of “serious risk” to physical or mental wellbeing.’

Problem Identification:

Section 1067(9) of the Social Security Act 1991 (Cth) (the Act) sets out the Unreasonable to Live at Home (UTLAH) criteria. This is used to determine whether a person is regarded as independent, and may allow for a higher rate of income support payments. Under this process, independence may be confirmed where there is a ‘“serious risk” to a young person’s physical or mental wellbeing’, as noted by the Australian Law Reform Commission (ALRC).

According to EJA, this means that ‘young people who may well meet the criteria but are unable to complete’ the ‘complex and intrusive … claim and assessment process, or appeal, for reasons directly related to family violence’ may be excluded from higher rates of income support. As noted by the ALRC, this includes Youth Allowance, Disability Support Pension and Special Benefit.

Context:

The ALRC defined family violence as ‘conduct, whether actual or threatened, by a person towards, or towards the property of, a member of the person’s family that causes that or any other [family] member … to fear for, or to be apprehensive about, [their] personal well being or safety.’

According to Services Australia, a Parental Income Test is used when determining how much money an individual under 21 receives for Youth Allowance and other income support payments. However, when an individual is considered independent, their parents’ or guardians’ income is no longer a factor in determining the rate of their income support payments.

According to the Australian Institute of Health and Welfare (AIHW) (2024-25), domestic and family violence ‘is a leading cause of homelessness.’ They further indicated that ‘among children and young clients who received support alone,’ 57% of those aged 12–17 and 69% aged 18–24 ‘needed accommodation-related assistance.’

Arguments:

EJA stated that the need to prove harm in the UTLAH criteria ‘can place an unrealistic burden on a vulnerable young person … [requiring them] to navigate and satisfy complex processes while at risk’. Youth Law Australia (YLA) further argued that ‘the mere existence of family violence, child abuse or neglect should be sufficient to cause an individual to be deemed independent.’ The National Youth Commission (NYC) described the process as a ‘bureaucratic maze’, stating that ‘a young person, their parents and a third person … [must explain] the circumstances at home … and meet with a Centrelink social worker’. ALRC stated that the ‘requirement for such judgement is inappropriate; and implies that family violence … may not harm a person’s physical or mental wellbeing in some cases.’ YLA reported the experience of a 15-year-old in QLD who stated:

I don’t like living at home, I don’t feel safe. I tried going to Centrelink to see if I could get financial assistance to move out but they couldn’t help me … I’m back home now but I don’t want to stay here.

YLA stated that the UTLAH provisions ‘may force children to remain living at home in an environment involving family violence …. [or else face] homelessness’. EJA stated that ‘community workers report that many young women remain in an abusive family home or leave without social security support’. The Rapid Review of Prevention Approaches Report stated that young people who have experienced violence are ‘often left homeless or seek security through other means … resulting in couch surfing or “survival sex”, simply because this option is safer than what they face at home’. The AIHW reported in 2024-25 that ‘2 in 5 (43%) of [specialist homelessness services] clients were at risk of homelessness at the start of support.’

Advice/Solution Identification:

EJA has called for no longer requiring proof of a ‘serious risk to the young person’s physical or mental well-being’ when applying for income support if there is a history of family violence. They stated that this could create a less ‘complex and intrusive’ pathway for young people to leave ‘dire’ situations.

Precedent:

If Australia were to enact this reform, it would be world-leading to the best of the author’s knowledge.

Public Support of the Solution:

(This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief or other listed organisations.)

Economic Justice Australia (EJA)

Broad support:

Australian Law Reform Commission (ALRC) - Supported the same amendment of the Social Security Act 1991 (Cth); however, their recommendation was made in 2011.
Youth Law Australia (YLA) - Recommended that s1067A(9)(a)(ii) of the Social Security Act 1991 (Cth) should be amended to read, 'because it would be unreasonable to expect the person to do so due to violence, sexual abuse or other similar unreasonable circumstances including maltreatment’. Executive Director Matthew Keeley confirmed this position in an email with FORE Australia on 29 April 2026.

News Coverage:

ABC - “Young victim-survivors say 'shameful' Victorian family violence response causes harm”. This article examined testimony from young girls fleeing family violence in VIC. By: Tyrone Dalton | 25 January 2026 - Read the article here.
ABC - “VIDEO: Young survivors of family violence share experiences in study”. This video shared testimonies of people who experienced family violence growing up and the barriers they faced in receiving support. By: Tabarak Al Jrood | 26 February 2025 - Watch the full video here.
ABC - “Change to Youth Allowance age of independence rule would improve equality for regional uni students, report finds”. This article examined a report by the Australian University Accord to improve tertiary participation, including recommendations to expand the Unreasonable to Live at Home Criteria. By: Louise Miolin | 3 April 2024 - Read the full article here.
Honi Soit - “Inside the broken Youth Allowance system”. This article examined student testimonies around the Youth Allowance system in Australia, including discussion about the Unreasonable to Live at Home criteria. By: Luke Cass | 29 August 2023 - Read the full article here.

Where to go to learn more:

(2026) Federal Budget Submission 2026-27 | Economic Justice Australia - This submission detailed recommended reforms for social security, including a recommendation to expand the Unreasonable to Live at Home criteria. Read the full submission here.
(2025) Social Security for Women Outside our Cities | Economic Justice Australia - This report detailed key limitations of current legislation and policy undermining the effective targeting of social security support to women in regional and rural Australia, including a recommendation to expand the Unreasonable to Live at Home Criteria. Read the full report here.
(2026) Social Security Guide | Australian Government - This publication is a guide for decision-makers administering social policy law to help them understand the Social Security Act 1991 (Cth), including information about the Unreasonable to Live at Home criteria. Read the full publication here.
(2024) Unlocking the Prevention Potential | Ms Elena Campbell, Dr Todd Fernando, Dr Leigh Gassner APM, Ms Jess Hill, Dr Zac Seidler & Dr Anne Summers AO - This report articulated possible prevention tactics for domestic, family, and sexual violence (DFSV), and acknowledged the relationship between youth homelessness and DFSV. Read the full report here.
Social Security Act 1991 (Cth) - Read the Act here.

Human Perspective:

Trigger Warning: Family violence and poverty

Sophie is a 17-year-old girl living out of home in rural QLD. She left home when she was 16 and has a documented history of family violence. In order to support herself, she decided to apply for Youth Allowance under Centrelink. However, even with Youth Allowance, Sophie was struggling to make ends meet with rent, groceries and other living costs. She heard she could get a higher Youth Allowance rate if she claimed it was unreasonable for her to live at home, but she was confused about the process and the complex forms she needed to fill out. Sophie found this process distressing, and even with the help of a trusted adult, felt unsure and confused. As she was unable to properly go through with the application, Sophie was still considered dependent on her parents and could not receive a higher rate of Youth Allowance. She was stuck, and at times considered moving back into her family home because it felt like the only financially stable option, despite the risk to her physical and mental well-being.

To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.

Conflict of interest/acknowledgment statement:

Executive Director Matthew Keeley from Youth Law Australia confirmed his position in an email with FORE Australia on 29 April 2026.

Support

If your organisation would like to add your support to this paper or suggest amendments, please email Info@foreaustralia.com.

Disclaimers

Please review all FORE disclaimers here.

Reference list:

Australian Institute of Health and Welfare. (2025). Specialist homelessness services annual report 2024-25. https://www.aihw.gov.au/reports/homelessness-services/specialist-homelessness-services-annual-report/contents/clients-who-have-experienced-fdsv

Australian Law Reform Commission. (2011). Family Violence and Commonwealth Laws—Improving Legal Frameworks (ALRC Report 117). https://www.alrc.gov.au/publication/family-violence-and-commonwealth-laws-improving-legal-frameworks-alrc-report-117/

Campbell, E., Fernando, T., Gassner, L., Hill, J., Seidler, Z., & Summers, A. (2024). Unlocking the Prevention Potential. https://www.pmc.gov.au/sites/default/files/resource/download/unlocking-the-prevention-potential-4.pdf

Economic Justice Australia. (2026). Federal Budget Submission 2026-27. https://www.ejaustralia.org.au/wp-content/uploads/2026/02/EJA-Pre-Budget-submission-2026.pdf

Flatau, P., Thielking, M., MacKenzie, D., Steen, A., Bauskis, A., & Nolan, K. (2016). The Cost of Youth Homelessness in Australia: Snapshot Report 1. Centre for Social Impact. https://assets.csi.edu.au/assets/research/The-Cost-of-Youth-Homelessness-in-Australia-Snapshot-1.pdf

Homelessness Australia. (2024). Homelessness and domestic and family violence: State of Response Report 2024. https://homelessnessaustralia.org.au/wp-content/uploads/2024/03/IWD-2024-3.pdf

National Children’s and Youth Law Centre. (2011, October 7). Submission to the Australian Law Reform Commission: Family Violence – Commonwealth Laws – Discussion Paper 76. https://www.alrc.gov.au/wp-content/uploads/2019/08/cfv_156_national_childrens_and_youth_law_centre.pdf

National Youth Commission. (2008). Australia’s Homeless Youth: A Report of the National Youth Commission Inquiry into Youth Homelessness. https://apo.org.au/sites/default/files/resource-files/2008-04/apo-nid8435.pdf

Social Security Act 1991 (Cth)

UK Ministry of Housing, Communities and Local Government. (2018, February 22). Homelessness code of guidance for local authorities. https://www.gov.uk/guidance/homelessness-code-of-guidance-for-local-authorities