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SOCIAL SECURITY ACT 1991 - SECT 1061JHA

Qualification--remaining in home after removal of family member due to domestic or family violence

  (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.



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