3.12.5 Release from Lawful Custody
Last updated 21 December 2006
Crisis payment to people released from lawful custody
Crisis payment is available to people released from [glossary:lawful cu:] — [glossary:stody:], either prison or psychiatric confinement, and who are in severe financial hardship.
Eligibility for payment - prison/psychiatric release
A person applying for a crisis payment due to prison/psychiatric release must fulfil the following eligibility criteria:
- has been in lawful custody for fourteen days or more,
- claim crisis payment within seven days of release,
- be in severe financial hardship, and
- is receiving or has made a claim for (on that day or earlier) and are eligible for an income support pension and is eligible to receive payment on that day.
Eligibility of psychiatric facility patients not charged with an offence
A person who lives in a psychiatric facility will only be considered for a crisis payment if they have been in lawful custody for fourteen days or more and fulfil the other eligibility criteria. In all other circumstances i.e. where the person has not been charged with an offence, departure from that facility would have to have been the result of extreme circumstances.
Examples of when a crisis payment is payable – prison/psychiatric release from lawful custody
|
Prison release... |
And... |
A crisis payment is payable because... |
|
A person is released from either prison or psychiatric confinement qualified to receive an income support pension |
the person has been in prison for fourteen days and has liquid assets of less than a fortnight's pension entitlement |
the person has been in prison for at least fourteen days and is in severe financial hardship. |
|
A person is released from either prison or psychiatric confinement qualified to receive an income support pension |
the person has served forty days in prison and has no liquid assets, but is starting employment on the third day after their release |
the person is eligible for payment of service pension at the time of their release at least until they start work. |
Examples of when a crisis payment is not payable – prison/psychiatric release from lawful custody
|
Prison release... |
And... |
A crisis payment is not payable because... |
|
A person is released from prison |
the person has been in prison for ten days and has no liquid assets |
the person has not served at least fourteen days in prison. However, as the person is making an initial claim, the person may be entitled to an advance of their first instalment under severe financial hardship provisions. |
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A person is released from prison |
the person has served twenty eight days in prison and has liquid assets equivalent to a fortnight's pension entitlement |
the person is not considered to be in severe financial hardship as their liquid assets are not less than a fortnight's entitlement. |
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If a person is released from either prison or psychiatric confinement |
the person has served thirty days in prison and has no liquid assets, but is returning to their previous employment the day after their release |
the person is employed and is not qualified for an income support payment. |
Source URL: https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/312-crisis-payment/3125-release-lawful-custody