The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

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 & JSP

The following factors should be considered when assessing whether the requirements of the order will allow the person to meet mutual obligation requirements, and qualify for JSP 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 3.2.1.05 Qualification for JSP, 3.11 Mutual obligation requirements, 3.11.3 Suitable activities, 3.11.5 Exemptions - overview

Last reviewed: