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.

3.7.4.60 Payability of CrP - extreme circumstances (other)

Summary

A person who claims a social security pension or social security benefit that is payable and meets the qualifications for extreme circumstances (other) can receive CrP in addition to their regular payment.

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

Disaster relief

CrP is not payable to a person in respect of an extreme circumstance if the person has received or is qualified for an AGDRP or another disaster relief payment from local, state or Australian Government for the same extreme circumstance.

Act reference: SSAct section 1061JJ CrP not payable in addition to disaster relief payment

Policy reference: SS Guide 3.7.4.10 Qualification for CrP - general provisions

When is CrP payable?

Providing that all other qualifications are met (3.7.4.30), the following table sets out some examples of when a CrP IS or IS NOT payable in other extreme circumstances.

Explanation: An extreme circumstance can include (but is not limited to) home invasion (1.1.H.72), house fire or flooding. In general, an extreme circumstance is a circumstance that could not be reasonably anticipated and therefore avoided and has not been caused by a deliberate action of the person claiming CrP. However, a determination of whether someone has experienced extreme circumstances must take account of the entire history of events, dealings and relationships that have culminated in the person leaving home and must be made on a case-by-case basis.

Example: A person who has been charged with arson because they have admitted to burning their house down would not be eligible for CrP.

Extreme circumstance (other) … and … CrP is …. because …

A person's home or shared accommodation is unliveable due to a natural disaster or an extreme circumstance

Note: More than one person can receive a CrP for the same event.

 no Australian or state government disaster relief payment is available to the person. payable the person is not qualified for a disaster relief payment.

A person's home or shared accommodation is unliveable due to a natural disaster or an extreme circumstance

Note: More than one person can receive a CrP for the same event.

 the person is qualified for an Australian or state government disaster relief payment. not payable the person is qualified for a disaster relief payment.

A person's home or shared accommodation is unliveable due to a natural disaster or an extreme circumstance

Note: More than one person can receive a CrP for the same event.

 3 payments of CrP for extreme circumstances and one CrP for prison release has been paid to the person within the 12 months prior to the date of this claim. payable the limit of 4 payments for extreme circumstances in a 12-month period has not been exceeded.

A person's home or shared accommodation is unliveable due to a natural disaster or an extreme circumstance

Note: More than one person can receive a CrP for the same event.

 4 payments of CrP for extreme circumstances have been paid to the person within the 12 months prior to the date of this claim. not payable the limit of 4 payments for extreme circumstances in a 12-month period has been reached.

A person's home or shared accommodation is unliveable due to a natural disaster or an extreme circumstance

Note: More than one person can receive a CrP for the same event.

 the person is staying in temporary accommodation but intends to return home. not payable the person has not established a new home and does not intend to.

A person's home or shared accommodation is unliveable due to a natural disaster or an extreme circumstance

Note: More than one person can receive a CrP for the same event.

 the person intends to return to the home, BUT has established a new home while major repairs are undertaken to make the home liveable again. payable the person has established a new home - not withstanding their longer-term intention.
A person is forced to leave their home the person has been legally evicted for not paying their rent and there are no coinciding extreme circumstances. not payable the person is not the victim of an extreme circumstance for the purposes of CrP.
A person's home or shared accommodation is unliveable due to a home invasion the person has left home because they fear for their safety. payable the person has established a new home due to the extreme circumstance.

Act reference: SSAct section 1061JH Qualification—extreme circumstances forcing departure from home

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