3.1.4.41 Effect of Home Detention on Social Security Benefits, Social Security Pensions, PP, PES & CrP

Summary

Subject to the usual qualification and payability criteria and the terms of the order, social security benefits, social security pensions, PP, PES and CrP may be paid to a person on home detention.

Explanation: A person on these programs may not be considered to be in prison as they have the ability to work, search for work, and be financially responsible for themselves and any dependants.

Additional factors to consider for YA & NSA

The following factors should be considered when assessing whether the requirements of the order will allow the person to satisfy the activity test, and qualify for NSA or YA:

  • hours of detention,
  • provision to search for and take up new employment,
  • ability to attend interviews, AND
  • whether any payment received by the person belongs to them.

Explanation: Orders are at the discretion of the judge, and therefore may vary.

Example: A person is released with a home detention order. The usual conditions of no alcohol or other substances are applied. The person must remain at the approved residence at all times, unless they are in physical danger or are seeking or engaging in employment and training.

Policy reference: SS Guide 3.2.1.10 Qualification for NSA, 3.2.8 Mutual Obligation Requirements for NSA/YA Job Seekers, 3.2.9 Mutual Obligation Requirements for NSA/YA Job Seekers - Suitable Activities, 3.2.11 Mutual obligation requirements for NSA/YA - exemptions

Last reviewed: 12 August 2013