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.

3.7.4.40 Qualification for CrP - released prisoners

Summary

This topic explains the qualification criteria for CrP and the following issues relating to other immediate assistance for released prisoners:

  • consistent treatment of pensioners and beneficiaries released from prison
  • early payment of first instalment for released prisoners, and
  • accepting early claims from prisoners about to be released.

Consistent treatment of social security pension & social security benefit recipients

Recipients receiving a social security pension or social security benefit who are released from prison are eligible for CrP, providing they meet the qualification criteria.

Early payment of first instalment of social security pension or benefit

Recipients released from prison or psychiatric confinement who meet the CrP qualification criteria, including severe financial hardship, may also be able to receive a hardship advance payment (8.4.2.20).

Qualification criteria

To qualify for CrP, a released prisoner must meet ALL of the criteria listed in the following table. If more detail about a 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 3.7.4.70.

CriterionMore detail
A social security pension or social security benefit is payable.3.7.4.10 Qualification for CrP - general provisions
In severe financial hardship3.7.4.10 Qualification for CrP - general provisions
Claim in Australia3.7.4.10 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.3.7.4.10 Qualification for CrP - general provisions
Claim within 7 days after release from prisonThis topic
Released after 14 days or more in prison or psychiatric confinementThis topic
Number of payments allowedThis topic

Claim within 7 days after release from prison

A person must lodge a claim for CrP no more than 21 days before their release day or within 7 days after their day of release from prison. This includes release from overseas prisons provided the person returns to Australia and claims within 7 days of the release. The 7-day claim period may be met by contacting Services Australia about a claim in that period and then lodging a claim within 14 days after the contact day (8.1.1.60).

People being released from prison or psychiatric confinement may qualify for a hardship advance payment under the same conditions as other claimants (in addition to CrP) (8.4.2.20).

14 days or more in prison or psychiatric confinement as a result of being charged

A person must have served at least 14 days in prison or psychiatric confinement, as a result of being charged with committing an offence, to qualify for CrP upon their release. The 14 days does not include the day of imprisonment or confinement, nor the day of release.

Act reference: SSAct section 1061JG Qualification—release from gaol or psychiatric confinement, section 23(5) For the purposes of this Act, a person is in gaol if …

Policy reference: SS Guide 3.1.4.10 Situations that constitute being in gaol or psychiatric confinement

Number of payments allowed

There is no limit to the number of payments of CrP a person can receive for release from prison.

Act reference: SSAct section 1061JG Qualification—release from gaol or psychiatric confinement

Accepting early claims from prisoners about to be released

A person in prison or psychiatric confinement may make a claim for CrP and a social security pension or social security benefit up to 21 days before their release date. Where a person is being released from prison outside usual working hours, or in a remote location, this will allow their claim/s to be processed, granted and their entitlement paid to them at the prison in anticipation of their qualification on release from prison.

If a person receives their payment in anticipation of their release and is not released on their expected release day, or for some other reason the payment is not payable on the day of their release, the payment becomes a recoverable debt.

Act reference: SSAct section 1223AA(1C) a payment has been made to a person under subsection 47(2) …, section 1223AA(1D) a payment has been made to a person under subsection 51(2) …

SS(Admin)Act section 35 Claims by persons in gaol etc., section 37(7) Grant of claim, section 51 Advance in case of severe financial hardship

Last reviewed: