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 pensioners & beneficiaries

Pensioners and beneficiaries released from prison are eligible for CrP, providing they meet the qualification criteria. Released prisoners eligible for assistance will receive a CrP and will also be entitled to an early payment of up to 7 days of the first instalment of their social security pension or social security benefit.

Early payment of first instalment

Released prisoners who meet the CrP qualification criteria, including severe financial hardship, will be eligible for an early payment of the first instalment of the social security pension or social security benefit that is payable to them, at the MBR. This early payment will be recovered from the person's first instalment. A maximum of 7 days of the first instalment can be paid early with CrP. The amount of days, up to a maximum of 7, that can be paid early is determined by the number of days from the person's release from prison to the person's first payday.

Example: A partnered person is released from prison on Tuesday and their established payday is on the following Friday, 3 days later. The person is qualified for and will receive a CrP, and is also entitled to an early payment of 3 days of their pension or benefit.

Example: A suspended pensioner is released from prison on Monday and their established payday is on the Thursday of the following week, 10 days later. The person is qualified for and will receive a payment of CrP, and is also entitled to an early payment of 7 days' entitlement of their pension or benefit. On their payday, 10 days later, the early payment is recovered and the person receives payment for 3 days.

Act reference: SS(Admin)Act section 37(7) Grant of claim, section 47(2) Payment of lump sum benefits, section 51(2) Advance in case of severe financial hardship

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 has received 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

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.

Criterion More detail
A social security pension or social security benefit is payable. 3.7.4.10 Qualification for CrP - general provisions
In severe financial hardship 3.7.4.10 Qualification for CrP - general provisions
Claim in Australia 3.7.4.10 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 prison This topic
Released after 14 days or more in prison or psychiatric confinement This topic
Number of payments allowed This 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).

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 includes the day of imprisonment or confinement, but not 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

Last reviewed: