Imprisonment
Clients who are in prison generally do not qualify for a main benefit and therefore cannot get Winter Energy Payment.
When a client with a partner is imprisoned and they are the primary client, the partner who is still in the community will need to see if they qualify for assistance in their own right.
In cases where a main benefit can continue, e.g. for clients remanded in custody, Winter Energy Payment will continue to be paid.
Where the client's main benefit is continuing to be paid to a caregiver while the client is in prison, Winter Energy Payment can continue to be paid.
Detention in or transfer to a psychiatric hospital
Sometimes a person who has been remanded in custody or is serving a term of imprisonment, is detained in or transferred to a psychiatric hospital.
In these circumstances, when the client’s payment reduces to the hospital rate of benefit, the Winter Energy Payment can continue to be paid.
Clients with a Public Protection Order
A person who has a Public Protection Order can get a main benefit at the hospital rate from the date the main benefit is granted. In these circumstances Winter Energy Payment can continue to be paid.
Care and protection concerns
If a sole caregiver is remanded in custody and/or sentenced to a term of imprisonment, the case must be referred to Oranga Tamariki.
In other situations, if MSD believes any child has been, or is likely to be, harmed (physically, emotionally or sexually), ill-treated, abused, neglected, deprived or MSD has concerns about the wellbeing of the child, the case must be referred to Oranga Tamariki.
For more information see:
- Paying Winter Energy Payment to clients with a Public Protection Order
Emergency Benefit Person serving their sentence of imprisonment in a psychiatric hospital
New Zealand Superannuation Detention in or transfer to a psychiatric hospital
Veteran's Pension Detention in or transfer to a psychiatric hospital
Emergency Benefit Person detained under a Public Protection Order
New Zealand Superannuation Person held under Public Protection Order
Veteran's Pension Person held under Public Protection Order
- Core policy Care and protection concerns for a child or young person
Legislation
- Benefit not payable while during custody in prison or on remand section 217 Social Security Act 2018
- Exceptions to rule that benefit not payable during custody in prison or on remand section 218(3) Social Security Act 2018
- Winter Energy Payment: requirements section 72 Social Security Act 2018
- Winter Energy Payment: termination on review section 75 Social Security Act 2018
- Right to benefits section 39 Public Safety (Public Protection Orders) Act 2014
