Assessment of circumstances for customers with partner in prison 106-07120050

A customer whose partner is in prison maybe eligible to receive the following extra assistance:

• A higher rate of payment. Certain allowance and pension customers may receive the equivalent of the single rate of payment
• Single rate of Pharmaceutical Allowance (PhA), where applicable
• Single rate of Pension Supplement, where applicable
• Single rate of Rent Assistance (RA)

Note: although a customer whose partner is in prison may be paid a higher rate of payment equivalent to the single rate of payment, the combined partner income and assets tests still apply.

After entering the appropriate ‘partner in gaol’ relationship qualifier code on the Marital Status (MS) screen, the records of the customer and their partner will continue to be linked and correctly display as a ‘member of a couple’ (that is, married, registered or de facto).

Once the partner has been released from prison and the date of release has been confirmed, the relationship qualifier ‘partner in gaol’ must be removed from the customer’s record on the MS screen. If the partner is contacting to have a payment restored or wanting to claim after they are released from prison, see Centrelink service standards and procedures for pre-release and post-release prison customers.

A person detained in an Immigration Detention Centre is not the same as a person in prison. If the customer's partner is being detained in an Immigration Detention Centre, the:

• customer is not eligible for the 'Partner in Gaol' rate
• Marital Status (MS) screen must not have the GAP/GAC relationship qualifier code recorded on the customer's and partner's record

It may be appropriate to consider whether there is a 'special reason' to not treat the customer as a member of a couple under Section 24 of the Social Security Act 1991 due to the cancellation of a partner's visa. See Treatment of a partnered person as single under Section 24 new determinations.

There are no provisions within the relevant legislation or policy to pay an Austudy, YA or ABSTUDY customer a special rate of payment when their partner is in prison. If the customer still considers themselves to be a member of a couple, they will continue to receive the partnered rate.

If the customer is the carer of the imprisoned partner, the customer's qualification for payment may continue and the temporary cessation of care provisions applied. See:

• Temporary Cessation of Care (respite) provisions for Carer Payment (CP) and Carer Allowance (CA)
• Care receiver is absent from the caring situation, and
• Coding a one-off absence for Carer Allowance (CA)/Carer Payment (CP) when the care receiver is absent

No further action is required when an SRSS customer:

• has an imprisoned partner, or
• their partner is released from prison

The Rent Assistance (RA) thresholds and maximum rate payable will depend on a customer's circumstances. Customers who are partnered and who have to live apart due to their partner being in prison may be paid

• RA at the single rate, or
• RA at the single with child/ren rate when paid with Family Tax Benefit (FTB)

The customer's concession card entitlement remains the same, except for the Commonwealth Seniors Health Card (CSHC). See Commonwealth Senior Health Card (CSHC) for more information.