3.12.3 Extreme Circumstances Causing Departure from the Home

Last updated 21 December 2006

Criteria for extreme circumstances

A person applying for a crisis payment due to extreme circumstances must fulfil the following eligibility criteria:

• has left or cannot return home because of an extreme circumstance,

• cannot reasonably be expected to remain in, or return to the home because of the extreme circumstance,

• has established or intends to establish a new home,
• was in Australia when the extreme circumstance occurred,

• claims the crisis payment within seven days of the extreme circumstance occurring,

• on the day of the claim was in severe financial hardship,

• on the day of the claim is receiving or has made a claim for (on that day or earlier) and is eligible for an income support pension and is eligible to receive payment on that day, and

• has received less than four crisis payments due to extreme circumstances or domestic or family violence in the last twelve months.

Extreme circumstances categories

Extreme circumstances fall into two categories:

• domestic or family violence, and

• other extreme circumstances.

Persons unable to live in or return to their home for legal reasons

Legal reasons may be considered to be an extreme circumstance where the person has been removed from their home and is unable to remain in or return to the home. This includes where a person is subject to an apprehended violence order (AVO) or restraining order preventing the person from remaining in or returning to the home.

Where an order is issued for only a short period (e.g. two days), the person may still be eligible for crisis payment. The issuing of an order even for a short period is an indicator that extreme circumstances are present. While the order may no longer prevent the person from remaining in or returning to their home, the person may still decide not to return. Crisis payment eligibility in this case reflects the need for the parties to live separately to avoid further violence.

Whenever the person is subject to an order, eligibility for crisis payment requires that the person lived in the home immediately prior to being removed and subjected to the order, and that they have established or intend to establish a new home.

Other extreme circumstances

Other extreme circumstances are situations where people are forced to leave their home as a result of the person's home being considered uninhabitable for five or more days after the extreme circumstance has occurred. Examples of other extreme circumstances include, but are not restricted to:

• fire,
• flooding,
• gas or other noxious smells,
• home invasion,
• health risks, such as water contamination,
• smoke, and
• structural damage to the home.

Examples of when a crisis payment is not payable in extreme circumstances