Social Security Act 1991

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

the person spends at least 14 days in gaol, or in psychiatric confinement that starts because he or she has been charged with an offence, and is released so that he or she is neither in gaol nor in psychiatric confinement; and

the person claims the crisis payment either while the person was in gaol or psychiatric confinement, or within 7 days after being released; and

on the day on which the claim for the crisis payment is made (including the day on which it is taken to have been made under Schedule 2 to the Administration Act):

the person is qualified for a social security pension or social security benefit; and

the person is in severe financial hardship (see section 19D).

A person does not cease to be in gaol merely because he or she is transferred between a prison and a psychiatric institution where he or she is lawfully detained while still under sentence. See subsection 23(5).

Disregard subsection 23(9) in determining whether a person meets the condition in paragraph (1)(a) of this section.

Subsection 23(9) provides that the confinement of a person in a psychiatric institution when the person is undertaking a course of rehabilitation is not to be taken to be psychiatric confinement.