Sole parents imprisoned
Generally, when a sole parent client is imprisoned or detained in custody, they are no longer entitled to Jobseeker Support.
Jobseeker Support should be suspended from the day after imprisonment.
MSD should find out who is caring for the client's dependent children and the length of time the client is likely to be in prison. The length of the time in prison can be found by contacting the prison liaison officer at the Department of Corrections.
Generally, the caregiver will need to apply for financial assistance in their own right.
They may be entitled to:
- have the children included as dependent children in their current benefit
- Unsupported Childs Benefit
- Emergency Benefit Caring responsibilities or
- family tax credit and Best Start tax credit through Inland Revenue
Exception
There is discretion to pay all or part of the client’s Jobseeker Support to a temporary caregiver caring for the client's dependent children.
There is also discretion to continue payment if the client is remanded in custody pending a further court appearance.
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:
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
