Imprisonment

If a client advises MSD before being imprisoned or being held on remand for less than 8-weeks, it is not considered a permanent change in circumstances and they can have the same rate of Income Related Rent calculated for them during their period of the imprisonment or remand.

If the client is still imprisoned or held on remand after 8-weeks, the change in circumstances is considered permanent, and the rate of Income Related Rent should be reviewed.

Note if a client does not advise MSD that they are going to prison or that they are being held on remand, the rate of Income Related Rent should be reviewed as soon as possible.

If there is more than one applicable person in the household, the applicable person who is imprisoned or on remand may be removed from the household type following the review (when appropriate).

Note a signatory to the Tenancy Agreement must not be removed from the household until the housing provider has confirmed they have been released from the Tenancy Agreement.

The rate of Income Related Rent must be reviewed to check for any changes in the client's circumstances.

The client will be contacted to confirm their circumstances.

If the client's circumstances:

• cannot be confirmed, MSD must decide whether to increase the rate of Income Related Rent to the market rent rate or
• can be confirmed, MSD must decide whether to increase or decrease the rate of Income Related Rent

Note if a single or sole tenant has additional residents or other people living in the property, the additional residents or other people cannot request a join-in to the Tenancy Agreement in this situation.

When the applicable person is released from prison, and they are still a client in a social housing property, MSD should review the Income Related Rent and include them back in the household type.

MSD should review the Income Related Rent from the earlier of either, the date the:

• assessable income increases or
• the client was released

When MSD knows a tenant has been imprisoned or is on remand and considers this change in circumstances to be permanent, their housing provider will be notified.

The housing provider decides whether to end or change a tenancy.

Housing providers have their own policies on clients being absent from the property they are renting.

When a child has come into a client’s care, MSD should consider if there are any care and protection concerns.

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.

MSD staff must notify Oranga Tamariki if they are aware that the child’s sole caregiver has been remanded in custody and/or sentenced to a term of imprisonment.