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.

6.2.4.40 DOP reviews - parent's discharge from an institution

Summary

This topic explains DOP reviews when a sole surviving parent (1.1.S.450) is discharged from a prison, psychiatric hospital or nursing home (1.1.N.140). This topic covers the following:

  • action when a parent is held on remand
  • action when a parent is confined in an institution
  • a parent's possible release or discharge from an institution
  • a parent's actual release or discharge from an institution, and
  • re-assessment if the released parent's whereabouts become unknown following their release or discharge from an institution.

Action when parent is held on remand

Confirmation of the offence that the parent has been charged with must be obtained when Centrelink is advised of a parent being held on remand.

A review should be noted for the date the case is expected to be decided and, if applicable, the date of sentencing.

Action when parent is confined in an institution

Confirmation of the term of confinement must be obtained when Centrelink is advised of a parent's confinement in a:

  • prison
  • psychiatric hospital, or
  • nursing home.

A review should be noted for the earliest expected release date.

Parent's possible release or discharge from an institution

The date of release or discharge should again be confirmed with the relevant authorities when a review is conducted of a surviving parent's release or discharge from an institution.

The individual should be reminded of their obligation to notify within 14 days of becoming aware of the parent's release or discharge. If the release or discharge date is postponed for some time, the review should be set for the new expected release or discharge date.

Parent's actual release or discharge from an institution

If Centrelink becomes aware of the parent's release or discharge from an institution, Centrelink should:

  • review the case immediately, and
  • cancel DOP from the next available payday following the surviving parent’s release or discharge, unless the parent’s whereabouts become unknown.

Reassessment if released parent's whereabouts become unknown following their release or discharge from an institution

DOP recipients should advise Centrelink if the parent's whereabouts after release or discharge from an institution subsequently become unknown. If the DOP recipient provides this advice within 13 weeks of the DOP cancellation, it can be treated as a review of the original cancellation decision and payment should recommence on the basis that the parent’s whereabouts are unknown from:

  • the date last paid if the parent's whereabouts are unknown from the date of release or discharge, or
  • the next available payday following the whereabouts becoming unknown, if they were temporarily known.

If the individual advises Centrelink more than 13 weeks after the payment was cancelled that the surviving parent’s whereabouts became unknown, a new claim is needed.

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