Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 1061JHA

             (1)  A person is qualified for a crisis payment if:

                     (a)  the person has been subjected to domestic or family violence, in Australia, by a family member of the person; and

                     (b)  at the time of the domestic or family violence the person was living with that family member; and

                     (c)  the family member leaves, or is removed from, the person's home because of the domestic or family violence; and

                     (d)  the person remains living in the person's home after the family member leaves or is removed; and

                     (e)  the person's home is in Australia; and

                      (f)  the person makes a claim for a crisis payment within 7 days after the day on which the family member left or was removed; and

                     (g)  on the day on which the claim is made:

                              (i)  the person is in severe financial hardship (see section 19D); and

                             (ii)  the person has made a claim (whether on the same day or on an earlier day) for a social security pension or benefit and the person is qualified for the pension or benefit; and

                     (h)  during the 12 months immediately preceding the day on which the claim is made, no more than 3 crisis payments have been payable to the person based on:

                              (i)  the qualifications set out in this section; or

                             (ii)  the qualifications set out in section 1061JH (extreme circumstances forcing departure from home).

Note:          For family member see subsection 23(14).

             (2)  A person is not qualified for a crisis payment if the Secretary is satisfied that the family member left the person's home with a view to the person obtaining a crisis payment.