Decision guidelines - clients with a partner
While Emergency Benefit should generally be stopped when the primary client is imprisoned, there is discretion for payment to be continued and paid to the partner not in prison. This discretion allows payment of all or part of the Emergency Benefit to the partner.
Note if the partner is eligible for another benefit, the other benefit should be granted and Emergency Benefit cancelled.
If you feel that payment should be continued, and paid to the partner, this should generally be at the single or sole parent rate. However you can pay the full married, civil union or de facto rate if you feel this is warranted after having regard to the particular circumstances of the client and their partner.
To help you decide whether it is reasonable to pay the Emergency Benefit to the partner while the client is in prison, and the rate to pay, consider the following:
- has the period in prison already passed?
- is the client due to be released from prison shortly?
- is the likely period in prison less than six months?
- does the partner qualify for a statutory benefit in their own right?
- do they intend to live together when the partner is released?
- has the partner in prison applied for Home Detention?
- are there exceptional circumstances that justify paying the full married, civil union or de facto rate of benefit to the partner who is not in prison?
For further help you can contact Helpline to discuss the circumstances before you make your decision.
For more information see:
