Imprisonment in gaol or psychiatric confinement following criminal charge
Service pension, income support supplement and veteran payment are not payable on a day on which the person is in gaol or in psychiatric confinement because they have been convicted of an offence. If a person has been charged with, but not convicted of an offence, service pension, income support supplement and veteran payment are not payable unless the person is undertaking a course of rehabilitation.
VEA ? [2]
A person is 'in gaol' if the person is lawfully detained in prison or elsewhere, either:
VEA ? [5]
A person is 'in psychiatric confinement' if the person is confined in:
It is necessary that the psychiatric confinement arises because the person has been charged with an offence. If a person is confined to a psychiatric institution while undertaking a rehabilitation course they are taken not to be in psychiatric confinement.
The circumstances in which a person will be regarded as being in psychiatric confinement because they have been charged with an offence include the following situations:
Charges do not need to be pending for a person to be precluded from receiving income support. In cases where the person is found not guilty of an offence or unfit to stand trial because of their psychiatric condition, but they are ordered to confinement in a psychiatric institution, it may still be considered that the person is in psychiatric confinement because they have been charged.
For a person to be undertaking a 'course of rehabilitation' they must be undertaking a planned series of activities that may include medical or other treatment directed towards improving the person's physical, mental and/or social functioning. This course may change over time to meet the changing needs of the person. However in order to be considered a course of rehabilitation, it must be structured in such a way that it could lead to a release from confinement.
If the person is merely undertaking ad hoc rehabilitation activities, or their treatments cannot be said to be directed towards improving their physical, mental and/or social functioning, then service pension or income support supplement cannot be paid.
In order to decide whether a person is undertaking a course of rehabilitation decision makers will need to obtain details of the treatment plan or rehabilitation plan for that person. This may be achieved by obtaining a copy of the approved plan or a letter from the institution indicating details of the approved plan. The delegate must then decide whether the plan is a planned series of activities that may include medical or other treatments directed toward improving the person's physical, mental and/or social functioning, with an eventual aim of release. A plan that is largely comprised of monitoring of functioning does not meet the definition of a 'course of rehabilitation'.
VEA ? [7]
A prisoner's pension payments will not be affected in the following circumstances:
Service pension, income support supplement and veteran payment are not payable on any day to a person who is in gaol or in psychiatric confinement (after having been charged with a criminal offence), apart from the day of admission and the day of release. The purpose of an income support payment is to cover a person's day to day needs. During imprisonment these needs are met by the State.
A person lawfully detained in a psychiatric institution in connection with a conviction for an offence is 'in gaol' and cannot be paid even during a period when the person may be undertaking a course of rehabilitation.
Imprisonment has no effect on DVA's assessment of a person's marital status, unless one member of a couple [9] has formed an intention to separate and has acted upon that intention.
More ? [10]A claim for income support pension [9] or application for veteran payment lodged prior to entering gaol or while in gaol will still be investigated by the Commission [9] following normal procedures. However, the pension or benefit will not be payable until the person is released from gaol.
More ? [11]Imprisonment of a person does not preclude the person's partner from being eligible for partner service pension.
Upon release from gaol, a person may receive a crisis payment in addition to their regular service pension or income support supplement payment. The gaol term must have been 14 or more days in length and other criteria must be met for a pensioner to be eligible for a crisis payment.
Recipients of veteran payment are not eligible for crisis payment.
More ? [12]
According to Section 5E(2) [19]of the VEA [19]a person is a member of a couple, if they are:
The term “partnered” is also commonly used.
Income support pension is:
According to Section 179 [20]of the VEA [20], the Commission is a body corporate under the name of Repatriation Commission.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16927%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16927#tgt-cspol_part11_ftn190
[3] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[4] https://clik.dva.gov.au/book/export/html/16927#ref-cspol_part11_ftn190
[5] https://clik.dva.gov.au/book/export/html/16927#tgt-cspol_part11_ftn191
[6] https://clik.dva.gov.au/book/export/html/16927#ref-cspol_part11_ftn191
[7] https://clik.dva.gov.au/book/export/html/16927#tgt-cspol_part11_ftn192
[8] https://clik.dva.gov.au/book/export/html/16927#ref-cspol_part11_ftn192
[9] https://clik.dva.gov.au/%23
[10] https://clik.dva.gov.au/book/export/html/16927#tgt-cspol_part11_ftn193
[11] https://clik.dva.gov.au/book/export/html/16927#tgt-cspol_part11_ftn194
[12] https://clik.dva.gov.au/book/export/html/16927#tgt-cspol_part11_ftn195
[13] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/93-relationship-status
[14] https://clik.dva.gov.au/book/export/html/16927#ref-cspol_part11_ftn193
[15] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/21-claims
[16] https://clik.dva.gov.au/book/export/html/16927#ref-cspol_part11_ftn194
[17] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/312-crisis-payment
[18] https://clik.dva.gov.au/book/export/html/16927#ref-cspol_part11_ftn195
[19] http://www.comlaw.gov.au/Series/C2004A03268
[20] http://clik.dva.gov.au/legislation-library