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3.7.4.50 Payability of CrP - Extreme Circumstances (domestic & family violence)

Summary

A person who meets the qualifications for extreme circumstances (domestic and family violence) can receive CrP in addition to their regular social security pension or benefit.

 

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 rate calculator for the relevant social security pension or benefit.

 

Act reference: SSAct section 1061JU Amount of payment

 

When is CrP payable?

Providing that all other qualifications are met (3.7.4.20), the following table sets out some examples of when a CrP IS or IS NOT payable in extreme circumstances involving domestic and/or family violence (1.1.D.235).

Extreme circumstance (domestic & family violence)

and…

CrP is...

because…

A person is fleeing domestic and/or family violence, or violence or abuse from another occupant in shared accommodation,

the person claims CrP and a social security pension or benefit, however their assets are high and the pension or benefit is not payable.

not payable,

the pension or benefit is not payable.

A person is fleeing domestic and/or family violence, or violence or abuse from another occupant in shared accommodation,

it is unreasonable to expect the person to return home, and the person intends to establish or has established a new home.

payable,

the person has left the home and intends to establish or has established a new home.

A person is fleeing domestic and/or family violence, or violence or abuse from another occupant in shared accommodation,

the person intends to return to the home or shared accommodation after respite in temporary accommodation.

not payable,

the person intends to return to the home.

A person is fleeing domestic and/or family violence, or violence or abuse from another occupant in shared accommodation,

the person left home and is unable to return home, but experienced trauma and did not decide they could not return home until 2 weeks after leaving and claimed the day after making that decision.

 

payable,

the person claimed within 7 days of making the decision not to return home.

A person is fleeing domestic and/or family violence, or violence or abuse from another occupant in shared accommodation,

the person left home more than 7 days ago and is unable to return home. The person did not claim within 7 days because the person had a short holiday.

 

not payable,

the person did not suffer trauma as part of the extreme circumstance, and failed to claim within 7 days of leaving home.

A person is hospitalised as a result of domestic and/or family violence or abuse from another occupant in shared accommodation,

the person is discharged from hospital after 2 weeks and claims CrP 5 days later.

 

payable,

the person made the decision not to return home on the day of discharge and claimed CrP within 7 days of making that decision.

A person is suffering domestic and/or family violence,

the person intends to leave their home permanently and establish a new home.

not payable,

the person has not left their home.

A person is in a refuge and the person who caused them to leave their home several weeks ago has tracked them down and is threatening violence,

the person claimed and was granted a CrP when fleeing their home several weeks ago.

not payable,

the person is living in temporary accommodation.

A person leaves their home,

there is no evidence of domestic and family violence, and the person intends to establish or has established a new home.

not payable,

there is no extreme circumstance precipitating the person's departure from the home.

A person is forced to leave their home,

a protection order or apprehended violence order (AVO) has been taken out against the person for domestic and family violence.

payable,

an extreme circumstance has occurred and the person has left the family home.

A person is assaulted by an ex-partner away from the person's home and the perpetrator threatens to attend the person's home and assault them again,

the person fears for their safety and does not return to their home and intends to establish a new home.

payable,

an extreme circumstance has occurred and the person intends to establish a new home.

 

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

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Last reviewed: 12 November 2012


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Last Edited: 23/10/2012 3:52:52 PM


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