Clients with a partner
When a married, civil union or de facto client is imprisoned the Supported Living Payment will generally need to be cancelled. The partner may be granted a benefit in their own right (if required).
The Supported Living Payment should be cancelled from the day following imprisonment.
Primary client imprisoned
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 or Jobseeker Support.
Partner of client imprisoned
If the partner of a client is imprisoned the Supported Living Payment can continue provided the primary client continues to meet the eligibility criteria for the benefit. They must either be:
- permanently and severely restricted in their capacity to work or
- caring for someone who would otherwise require hospital level care
Depending on the client's family circumstances, they can receive the single or sole parent rate.
Exception
There is discretion to pay all or part of the Supported Living Payment 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 see:
Legislation
- Exceptions to rule that benefit not payable during custody in prison or on remand section 218 Social Security Act 2018
