Clients with a partner
When a married, civil union or de facto client is imprisoned the Jobseeker Support will generally need to be cancelled to enable the partner to be granted a benefit in their own right.
The Jobseeker Support should be cancelled from the day after imprisonment.
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 (where they have dependent children under the age of 14 years) or Jobseeker Support (when they have no children or their youngest dependent child is over 14 years of age). Where the partner has children, they can be granted a sole parent rate of benefit while their partner is in prison, even if they are still in a relationship.
If the partner is imprisoned the Jobseeker Support can continue provided the primary client is still able to meet their work obligations. The Jobseeker Support will be paid at the single or sole parent rate.
Where there are dependent children and the primary client is no longer able to meet the eligibility for Jobseeker Support because they are no longer available for and seeking full-time work, they will need to test their eligibility for another benefit, for example Sole Parent Support (where their youngest dependent child is under the age of 14 years).
Exception
Where a client has a partner and/or dependent children there is discretion to continue payment of the Jobseeker Support for a limited period in some circumstances.
There is discretion to pay all or part of the Jobseeker Support to the partner of the person who has been imprisoned. This will depend on the length of time imprisoned. Where the length of imprisonment is short, using discretion to continue to pay the benefit prevents having to re-grant the benefit.
There is also discretion to continue payment if the client is remanded in custody pending a further court appearance. For example, this may be considered where the client may end up receiving a sentence of home detention and needing to have the benefit re-granted to the couple anyway.
For more information to help you decide these cases see:
Legislation
- Benefit not payable 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 Social Security Act 2018
