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13.12 Ceasing payments when a person is imprisoned after conviction of an offence

Last amended 
9 July 2021

Section 208 of the MRCA states the Commonwealth is not liable to pay Special Rate Disability Pension to a person for any period during which the person is imprisoned in connection with his or her conviction of an offence.

Section 208 is triggered only if the person is:

  • convicted,
  • imprisoned in connection with that conviction.

Note; only weekly SRDP or incapacity payments (through MRCA Section 122) are affected. Other compensation benefits the person may be entitled to receive such as Education Assitance for eligible young persons, the Gold Repatriation Health Card ('Gold Card') and ancillary benefits such as MRCA supplement and Energy supplement, are unaffected and continue to be payable. 

While an offender may be 'imprisoned', this imprisonment is not always 'in connection with conviction of an offence.' Where there is no conviction of an offence, compensation entitlements are unaffected.

Incapacity Policy Manual Chapter 11.3 provides detailed guidance and examples on the circumstances under which payments should be ceased. While the examples reference incapacity payments, MRCA Section 208 is applicable for SRDP payments.