Partner in prison

You can pay Jobseeker Support to a client when they have lost the regular support of their partner as their partner:

• has been imprisoned or
• is subject to release or detention conditions that prevent employment

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 Jobseeker Support or Sole Parent Support (where they have dependent children under the age of 14 years). They can be granted a sole parent 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 depending on whether there are dependent children included in the benefit.

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).

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 would prevent having to re-grant.

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.

Some income the partner receives while they are in prison is taken into account and charged against the client's Jobseeker Support.

For more information see:

• Types of income

The rate of Jobseeker Support paid while a client's partner is in prison or on home detention depends on the client's circumstances including whether there are dependent children included in the benefit.

For more information see:

• Benefit eligibility and rate while partner is in prison
• Benefit eligibility and rate while the partner is in home detention