Communities and Justice

Keira's plan

Keira is 17 and trying to decide where she will live after turning 18. She eventually wants to find a place to rent with her best friend but neither are working fulltime and don’t think they can afford it yet.

Keira’s caseworker explains the options including financial and other assistance that DCJ can provide to establish her in suitable housing.

The caseworker uses the Living Arrangement Discussion Guide (PDF, 574.8 KB) to help Keira and her carer Lowanna, work through the questions that both of them have. They agree that Keira will continue living with Lowanna until she can afford to move.

They also agree that Lowanna will receive the fortnightly Staying On Allowance until Keira moves out at which time Keira will apply for the Independent Living Allowance. Keira knows that when that happens she will need to give DCJ her bank and contact details and has said she would like Lowanna as a secondary contact. 

Keira could receive the Independent Living Allowance as soon as she turns 18 and knows it is her decision which allowance is paid. Lowanna has agreed not to ask Keira for board while she is receiving the Staying On Allowance and Keira thinks this is fair. It will help Lowanna meet household costs and means Keira doesn’t have to change the budget and savings plan she is using to manage income from her part-time work.

Lowanna understands that by accepting the allowance she is agreeing to provide accommodation and support for Keira and that she is to advise DCJ within 14 days if Keira moves out. She also knows that the allowance will be reviewed each year and will reduce when Keira turns 19, again at 20 and will end at 21.

Keira understands that at any time she can switch to the Independent Living Allowance and knows how to do this. She also knows that she can receive contingency payments from DCJ to help with expenses whether or not one of the allowances is being paid. Keira has been told the current rate of the Independent Living Allowance, which is available until she turns 21 and will be reviewed each year while she is receiving it.

This example illustrates how the caseworker can support conversations with the young person and carer to ensure they have safe and stable housing when they turn 18, whether or not they continue in the carer’s home.

If there is a good relationship between the young person and carer, the best option is often to stay on while the young person establishes their finances and gains confidence with adult responsibilities. They can then transition to independent living at their own pace.

Whether the young person moves out as soon as they turn 18 or later, the Independent Living Allowance helps with accommodation and daily living expenses.

Social housing will have been discussed and Keira may have decided to register. Keira will still be entitled to the Independent Living Allowance if she moves into social housing before she turns 21.

Keira has been well informed, is capable of making a decision in her own interest and has come to an agreement that both she and Lowanna believe is fair.

Practice point – Keira and Lowanna have a good relationship and easily came to agreement, but if caseworkers suspect that a carer is pressuring the young person to stay with them and to agree to the Staying On Allowance, they should speak to the young person separately to make sure they understand their rights and make a decision based on what they want.

A young person’s consent is needed for the Staying On Allowance to be paid.  If they have a decision making disability, a supported or substitute decision might be required. Supporting a person to make their own decision could be as simple as using plain language or visual cues, or finding a quiet, comfortable space and giving them time so they don’t feel pressured.

A substitute decision can be made by a person appointed by the NSW Civil and Administrative Tribunal (NCAT) to act as a guardian or financial manager. Formal application for a substitute decision maker is a last resort. A guardian can make decisions relating to health and lifestyle but not finances. A financial manager or attorney can make decisions relating to money and property.

Watch Supported Decision Making is a Human Right to learn more about supported and substitute decision making.

Last updated:

01 Aug 2023