126.96.36.199 Qualification for CrP - Remaining in the Home after Removal of Family Member due to Domestic or Family Violence
This topic explains the issues relating to qualification for CrP for victims of domestic violence remaining in their home.
CrP may be paid to a person who opts to remain in their home after being subjected to domestic and family violence (described as being physically or psychologically dominated or harmed by a family member), where the family member leaves or is removed from the family home.
A victim of domestic violence staying at home will qualify for CrP if the criteria listed in the following table are met. If more detail about the criterion is required, the second column indicates where you will find this. Examples of when a CrP is or is not payable are provided at 188.8.131.52.
|A social security pension or social security benefit is payable.||184.108.40.206 Qualification for CrP - general provisions|
|In severe financial hardship.||220.127.116.11 Qualification for CrP - general provisions|
|Claim in Australia.||18.104.22.168 Qualification for CrP - general provisions|
|If subject to an AoS, support is not available from the assurer, or it is unreasonable to accept the support.||22.214.171.124 Qualification for CrP - general provisions|
|Claim within 7 days of the abusive family member leaving or being removed.||This topic.|
|The person has been subject to domestic violence by a family member.||This topic.|
|The family member was living at the person's home.||This topic.|
|The family member has left or has been removed from the home.||This topic.|
|In Australia at the time the violence occurred.||This topic.|
|Number of payments allowed.||This topic.|
|Family member left so person could obtain a CrP.||This topic.|
Claim within 7 days
A person must lodge a claim for CrP within 7 days after the day on which the family member has left or has been removed from the home. The 7 day claim period may be met by contacting Services Australia about a claim in that period and lodging a claim within 14 days after the contact day (see 126.96.36.199 for more details).
Example 1: A person suffers domestic violence; the family member responsible for the violence destroys the home. The victim takes up accommodation in a refuge. On the 3rd day at the refuge, the person lodges an apprehended violence order (AVO) against the abusive family member. The family member is removed from the home at the 4th day and the person returns to the family home that same day. This is the point at which the claiming period begins, and the person has 7 days to claim CrP from this day.
Example 2: A partnered couple go on holidays to the Gold Coast for 7 days. On the 4th day there is an incident of domestic violence. The woman who is the victim goes back to her home in Sydney on that day and reports the incident to the police. The family member (the husband) returns on the following day to their residence in Sydney. She then takes out a restraining order against him and he is removed from the family home. This is the point at which the claiming period begins, and the woman has 7 days to claim CrP from this day.
Person has been subject to domestic violence by a family member
Family member is defined as:
- the partner or parent of the relevant person,
- a sister, brother or child of the relevant person,
- any other person who, in the opinion of the Secretary, should be treated for the purposes of this definition as one of the relevant person's relations (for example, a grandparent of the person, ex-partner of the person).
Domestic and family violence includes:
- child abuse,
- verbal abuse,
- partner abuse,
- elder abuse,
- sexual assault,
- emotional abuse,
- economic abuse,
- financial coercion,
- domestic violence,
- psychological abuse, and/or
- social abuse.
Family member was living at the person's home
The person claiming CrP and the family member responsible for the domestic violence must be living together:
- when the family member responsible for the domestic violence leaves or is removed, and
- at the time of the violence.
Example: A woman claims CrP after a visit from her ex-partner. During the visit they argue and he assaults her. She subsequently calls the police to have her ex-partner removed from her home. She would not qualify for CrP because at the time the family violence occurred the family member responsible for the domestic violence was not living with her.
Family member has left or has been removed from the home
The family member responsible for the violence must have left or been removed because of the violence. A person is not eligible to receive CrP if the family member responsible for the violence is still living with the person.
For the purposes of CrP, 'home' is taken to be the person's house or other shelter that is the fixed residence of a person for the foreseeable future. Fixed residence includes a house, apartment, on-site caravan, long-term boarding house or moored boat. A home is not a refuge, overnight hostel, squat or other temporary accommodation.
In most cases the family member responsible for the domestic violence will have been removed from the home by the police and there is likely to be an AVO with an exclusion provision preventing the abusive family member from living in the family home or some other similar evidence verifying the circumstances of the CrP claim.
However, in some cases the abusive family member may leave without the police involvement and verification of the violent relationship will need to be sought from a third party such as:
- domestic violence services,
- legal services,
- crisis workers,
- other household members,
- community agencies,
- schools, and/or
- child care services.
In Australia at the time of the violence
The person must have been in Australia when the violence occurred.
Example: A partnered couple go for an overseas trip and their payments are portable. The husband abuses and assaults the wife in a hotel 3 days before their departure and the incident is verified by a report from overseas police.
The wife returns to Australia 3 days after the incident and contacts Centrelink and applies for CrP. She wants to change the locks because he has keys to the house and she does not feel secure. CrP would not be payable in this case as the violence occurred outside Australia and her husband has not been removed from the family home, he is still on holidays.
If there is a long term history of domestic violence occurring in Australia prior to the overseas trip and the husband returned home and subsequently left or was removed from the home CrP may be payable.
Number of payments allowed
A person cannot be paid more than 4 payments of CrP during a 12-month period for remaining in the home after removal of a family member for violent behaviour, and/or, extreme circumstances. This does not stop a person from being paid additional prison release payments of CrP in the same 12-month period.
Example: A woman claims and receives CrP for the first time on 29 September 2006.
|Date of claim||Reason for payment||Qualifications & payability met|
|29 September 2006||House burned down (CrP extreme circumstances (other))||Eligible for CrP.|
|20 December 2006||Domestic violence (CrP extreme circumstances (domestic and family violence))||Eligible for CrP.|
|13 February 2007||Domestic violence (CrP extreme circumstances (domestic and family violence))||Eligible for CrP.|
|2 March 2007||CrP prison release||Eligible for CrP.|
|4 May 2007||CrP (victim of domestic violence staying at home)||Eligible for CrP.|
|30 June 2007||CrP prison release||Eligible for CrP.|
|29 July 2007||Domestic violence (CrP extreme circumstances (domestic and family violence))||Does not qualify for CrP because she has received 4 CrP in a 12-month period - excluding CrP prison release.|
Intention to obtain CrP
A person is not qualified for a CrP if the Secretary is satisfied that the family member left the person's home with a view to the person obtaining a CrP.
Explanation: If the person had the family member removed with the intention of claiming, or the perpetrator left home in order to obtain CrP.
Act reference: SSAct section 1061JU Amount of payment