3.7.4.70 Payability of CrP - released prisoners
Summary
CrP is a one-off non-refundable payment. A released prisoner who is in severe financial hardship, has served at least 14 days in prison or psychiatric confinement because he or she had been charged with committing an offence, and has claimed a social security pension or social security benefit that is payable can receive CrP in addition to their regular payment. They may also receive an early payment of up to 7 days of their first instalment of 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 relevant rate calculator.
Act reference: SSAct section 1061JU Amount of payment
Policy reference: SS Guide 1.1.M.53 Maximum basic rate (MBR) of entitlement, 3.1.4.30 Payment after release
When is CrP payable?
Providing that all other qualifications are met (3.7.4.40), the following table sets out some examples of when a CrP IS or IS NOT payable to a released prisoner.
| Prison release | and … | CrP is … | because … |
|---|---|---|---|
| A person is released from either prison or psychiatric confinement as a result of being charged and has claimed a social security pension or benefit that is payable | the person has been in prison for 14 days and has liquid assets of less than a fortnight's entitlement. | payable | the person has been in prison for at least 14 days and is in severe financial hardship. |
| A person is released from either prison or psychiatric confinement as a result of being charged and has claimed a social security pension or benefit that is payable | the person has been in prison for 10 days and has no liquid assets. | not payable | the person has not served at least 14 days in prison. However, as the person is claiming a benefit such as JSP, the person may be entitled to an advance of their first instalment of JSP under the hardship provisions. |
| A person is released from either prison or psychiatric confinement as a result of being charged and has claimed a social security pension or benefit that is payable | the person has served 28 days in prison and has liquid assets equivalent to a fortnight's entitlement. | not payable | the person is not considered to be in financial hardship for the purposes of CrP, as their liquid assets are not less than a fortnight's entitlement. |
| A person is released from either prison or psychiatric confinement as a result of being charged and has claimed a social security pension or benefit that is payable | the person has served 40 days in prison and has no liquid assets, but is starting employment on the third day after their release. | payable | JSP is payable at the time of their release. Therefore the person is entitled to a CrP and an advance of JSP. They can only be paid JSP up to the day before they commence work. |
| A person is released from either prison or psychiatric confinement as a result of being charged and has claimed a social security pension or benefit | the person has served 30 days in prison and has no liquid assets, but is returning to their previous employment the day after their release. | not payable | the person is employed and is not qualified for income support. |
| A person is released from either prison or psychiatric confinement | the person had not been charged, but was either in custody or confined for at least 14 days and is in severe financial hardship. | not payable | the person was not in prison or psychiatric confinement as a result of being charged for an offence. The person may be eligible for a hardship advance or an emergency payment. |
| A person is in gaol and is transferred to psychiatric confinement to undergo rehabilitation before being directly released back into the community | the person is eligible for DSP because they are undergoing rehabilitation. | not payable | the person is not being released from gaol or psychiatric confinement. |
| A person is in gaol and has served more than 14 days after being charged with an offence and is released into home detention | the person is able to look for employment. | payable | the person is not confined to the home. |
| A person is in gaol and has served more than 14 days after being charged with an offence and is released into home detention | the person's home detention order confines the person to the home or to perform community work. | not payable | the person is not free to obtain employment of their choice or to move around the community freely. |
| A person has been sentenced straight into home detention and the order confines the person to home for a period of 14 days or more | the person completes their length of their sentence. | payable | the person is considered to have been in gaol or psychiatric detention if they have been in home detention. |