Eligibility and coding claims for Double Orphan Pension (DOP) 007-06010010
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Long term and indefinite period
The below information is for staff processing DOP claims only and should be referred to when making decisions regarding a parent who is in long term imprisonment.
Clarification on 'long term' and 'indefinite period'
For the purpose of DOP:
- 'long term' refers to the period of time that the Secretary is satisfied that a parent who is a patient in a psychiatric hospital, nursing home or similar institution requires care and treatment for an 'indefinite period'
- 'indefinite period' is not clearly defined in the Social Security Act, it is without a fixed or specified time limit
The open ended nature of the term 'indefinite period' is to allow for the uncertain and undefined timeframe for a person to be a patient of a psychiatric hospital, nursing home or similar institution. Unlike prison, a person is not 'sentenced' to a period of time in either institution. While medical personnel may have opinions regarding how long the person will be in care, there is no specified period of care predetermined to create a definition.
This makes the determination of 'long term' and 'indefinite' a policy decision. The decision, mostly, is dependent on the judgement of the decision maker on a case by case basis.
For guidance on complex cases, complete the Families and Child Care Level 2 Policy Helpdesk Online Query form. See the Resources page for a link to the Helpdesk.
Sentenced or awaiting sentencing
Clarification
An anomaly in the Social Security Act 1991 has been identified affecting Double Orphan Pension. Current legislation does not support the circumstance when a parent is in custody and has been charged and convicted of an offence but not sentenced.
The anomaly occurs when:
- A DOP claim is received after a parent has been charged and convicted, awaiting sentence for an offence that carries a term of imprisonment for life or for a term of at least 10 years or more
- Where a parent has been convicted, an individual's qualification is determined by the duration of the parent's prison sentence. If the parent has been charged with an offence but not convicted, an individual's qualification is determined by the maximum penalty that the offence carries
Whilst these cases are not common, each claim will need to be assessed on a case by case basis to determine an individual's qualification to DOP.
Staff processing DOP claims
- If a case where a parent is in custody and has been charged and convicted, but not sentenced, do not reject the claim
- Complete the Families and Child Care Level 2 Policy Helpdesk Online Query form
- Include the CRN and reason for the referral
- Record a progress DOC and place the New Claim activity on hold for 14 days
The Resources page contain a link to the Level 2 Policy Helpdesk.
Scenarios - Whereabouts unknown versus parentage unknown
Table 2: this table provides an examples of whereabouts unknown and parentage unknown situations.