Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (3), an instalment of a service pension, income support supplement or a veteran payment is not payable to a person in respect of a day on which the person is:
(a) in gaol; or
(b) undergoing psychiatric confinement because the person has been charged with an offence.
Note: While an instalment is not payable to a person, the person is not entitled to benefits under Division 12 because the person is not receiving a service pension or income support supplement unless a determination is in force under subsection 53D(3), 55A(1) or 85(8).
(3) Subsection (1) does not apply to so much of an instalment as has been redirected under a direction given under section 55A.
Meaning of in gaol
(4) For the purposes of this Act, a person is in gaol if:
(a) the person is being lawfully detained (in prison or elsewhere) while under sentence for conviction of an offence and not on release on parole or licence; or
(b) the person is undergoing a period of custody pending trial or sentencing for an offence.
Meaning of psychiatric confinement
(5) Subject to subsection (6), psychiatric confinement in relation to a person includes confinement in:
(a) a psychiatric section of a hospital; and
(b) any other place where persons with psychiatric disabilities are, from time to time, confined.
(6) The confinement of a person in a psychiatric institution during a period when the person is undertaking a course of rehabilitation is not to be taken to be psychiatric confinement .