Definition of imprisonment
A person is regarded as serving a sentence of imprisonment if they are detained in any of the following:
- a prison
- a police jail
- remand prison
Note a prisoner who has escaped from custody is considered to be serving a sentence of imprisonment.
They may be serving a term of:
- imprisonment
- preventive detention or
- corrective training
Note people remanded in custody or serving a term of imprisonment who are temporarily hospitalised for treatment of an injury or illness are still considered to be in prison. However, where a prisoner serving a sentence of imprisonment is detained in or transferred to, a psychiatric hospital they may qualify for financial assistance from Work and Income.
For more information see:
Legislation
- Benefit not payable during custody in prison or on remand section 217(1) Social Security Act 2018
- Hospitalisation sections 206-207 Social Security Act 2018
