3.7.4.55 Payability of CrP - Remaining in the Home after Removal of a Family Member due to Domestic or Family Violence

Summary

A person who meets the qualifications for remaining in their home after removal of a family member due to domestic violence can receive CrP in addition to their regular social security pension or benefit.

Amount of payment

The amount of CrP payable to a person is half the fortnightly amount, at the MBR, of the social security pension or social security benefit that is payable to the person. The MBR is calculated using module B of the rate calculator for the relevant social security pension or benefit.

Act reference: SSAct section 1061JU Amount of payment

When is CrP payable?

Providing that all other qualifications are met (3.7.4.25), the following table sets out some examples of when a CrP IS or IS NOT payable in cases involving victims of domestic or family violence staying at home.

If… And… Then CrP is… Because…
a person is a victim of domestic or family violence from a family member, the person claims CrP and a social security pension or benefit, however their assets are too high and the pension or benefit is not payable, not payable, the pension or benefit is not payable.
a person suffered domestic or family violence from a family member, who has been removed from the home, the person claims CrP within 7 days after the abusive family member has been removed from the home, payable, the person claimed CrP within the allowable timeframe.
a person who is receiving PPS suffers domestic or family violence, from an ex-partner who is not living with the person, the person claims CrP and has an apprehended violence order (AVO)with an exclusion provision against the ex-partner, not payable, the ex-partner was not living with the person.
a person is a victim of domestic or family violence from a family member who was removed from the home, the person did not claim within 7 days after the abusive family member was removed from the home, not payable, the person failed to claim within the allowable timeframe.
a person was assaulted by their daughter's boyfriend who sometimes stays overnight and has a key to the house, the person claims CrP and has a police report stating the daughter's boyfriend has been removed from the home, not payable, the person has not suffered domestic violence by a family member and he was not living with the person when the domestic violence occurred.
a member of a couple separated under the same roof is assaulted by their ex-partner who was removed from the home, the person claims CrP within 7 days of the ex-partner being removed by the police, payable, the person suffered domestic violence by a family member and the family member was living in the home.

Note: If the family member responsible for the domestic violence claims CrP he or she may also be eligible under Extreme Circumstances (domestic and family violence) if all qualification and payability conditions are met.

Policy reference: SS Guide 3.7.4.20 Qualification for CrP - Extreme Circumstances (domestic & family violence)

More than one family member in the household can be paid CrP

Where the household is made up of more than one person, e.g. mother and 2 children who are all receiving a social security benefit or pension, they can all be paid CrP if they have all been subjected to domestic or family violence and the qualification and payability conditions are met.

Act reference: SSAct section 1061JHA Qualification-remaining in home after removal of family member due to domestic or family violence

Last reviewed: 17 August 2015