Clients with a partner
When a married, civil union or de facto client is imprisoned the Emergency Benefit will generally need to be cancelled to enable the partner to be granted a benefit in their own right.
Note the Emergency Benefit should be cancelled from the day following imprisonment.
Primary client imprisoned
If the primary client is imprisoned, the partner should be invited to apply for an alternative benefit in their own right, for example Sole Parent Support or Jobseeker Support.
Partner of client imprisoned
If the partner of a client is imprisoned the Emergency Benefit can continue provided the primary client is not eligible for another benefit and in hardship as they are unable to earn a sufficient livelihood due to their:
- health condition, an injury or a disability
- domestic circumstances
- age or
- any other reason
Depending on their family circumstances, the Emergency Benefit will be paid at the single or sole parent rate.
When the client has dependent children, they may now be able to receive another benefit, for example Sole Parent Support. Before the Emergency Benefit is continued, the client must test their eligibility to other benefits. Only where the client is not eligible for another benefit can Emergency Benefit be considered.
Exception
There is discretion to pay all or part of the Emergency Benefit to the partner of the person who has been imprisoned. This will depend on the length of time imprisoned.
There is also discretion to continue payment if the client is remanded in custody pending a further court appearance.
However, Emergency Benefit may be considered when a client is in hardship. Before all or part of the Emergency Benefit is paid to the partner of the person who has been imprisoned, the partner must test their eligibility to other benefit assistance.
For more information to help you decide, see:
Legislation
- Exceptions to rule that benefit not payable during custody in prison or on remand section 218(2) Social Security Act 2018
