Students in prison
Students who are imprisoned or detained in prison under a sentence of imprisonment or preventative detention, are not entitled to a Student Allowance or an Accommodation Benefit during any period of detention or imprisonment.
Short periods of custody
A student detained in custody for a short period of time can continue to qualify and retain their entitlement for a Student Allowance for that period as long as it does not affect their ability to meet their minimum attendance and/or work requirements.
Students on home detention
Students who are on home detention may qualify and be entitled to a Student Allowance at the same rate as other students.
The student's residential arrangements are relevant to the rate of pay and in the case of a student on home detention there may be no other form of income available to them.
Public Protection Orders
A student subject to a Public Protection Order is not "imprisoned or detained in prison under a sentence of imprisonment or preventative detention" and therefore may be entitled to a Student Allowance.
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
- Suspension of allowances during detention in prison regulation 28 Student Allowances Regulations 1998
- sentence of imprisonment (definition) section 3(1) Corrections Act 2004
- Public Safety (Public Protection Orders) Act 2014
