Court imposed conditions

A young person serving a sentence of home detention, or who has conditions and requirements of a court sentence or court order that limits their ability to meet their obligations can be exempt from meeting some or all of their activity obligations.

This can be a full or partial exemption depending on the conditions imposed by the Courts.

This includes young people who are:

• former prisoners who are subject to probation or parole conditions which means that they cannot meet all their activity obligations and
• required as part of a sentence of the court or other court order to attend programmes or other activities, or have conditions imposed upon them (eg bail conditions) which limit their ability to meet all their activity obligations

Home detainees or former prisoners are case managed by their probation officer. Part of this case management includes undertaking appropriate activities to improve their prospects of obtaining paid employment (which may include education, training or work-based learning).

In all cases, the service provider or Work and Income "in-house" service should contact the probation officer to facilitate any meetings for that young person.

The young person must provide proof from the Ministry of Justice, the Department of Corrections or the Department of Courts stating that they:

• are serving a sentence of Home Detention or
• are subject to probation or parole conditions which limit their ability to meet all their activity obligations or
• are required to attend programmes or other activities which limit their ability to meet all their activity obligations or
• have conditions imposed (eg bail conditions) which limit their ability to meet all their activity obligations and
• the length of time the young person should be exempt

Use SWIFTT exemption reason 'Court imposed conditions'.

Note you cannot add an expiry date in SWIFTT but you must note the duration in CMS.

If the young person is receiving an incentive payment and then qualifies for an exemption you will need to decide if they can continue to receive it.

For more information see:

• Full or partial exemption
• Obligations Incentive payments can continue