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SOCIAL SECURITY ACT 1991 - SECT 1061JH

Qualification--extreme circumstances forcing departure from home

  (1)   A person is qualified for a crisis payment if, after the commencement of this section:

  (a)   the person has left, or cannot return to, his or her home because of an extreme circumstance; and

  (b)   the extreme circumstance makes it unreasonable to expect the person to remain in, or return to, the home; and

  (c)   the person has established, or intends to establish, a new home; and

  (d)   at the time the extreme circumstance occurred, the person was in Australia; and

  (e)   the person makes a claim for a crisis payment within 7 days after the extreme circumstance occurred; and

  (f)   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

  (g)   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   1061JHA (remaining in home after removal of family member due to domestic or family violence).

Note:   Examples of extreme circumstances that would qualify a person for crisis payment are the person's house being burnt down, or the person being subjected to domestic or family violence.

  (2)   A person is not qualified for a crisis payment in respect of an extreme circumstance if the Secretary is satisfied that the extreme circumstance is brought about with a view to obtaining a crisis payment.



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