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StatuteSocial Security Act 1991

Section 1061JH — Social Security Act 1991: Qualification—extreme circumstances forcing departure from home

Text of the provision Official document

(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.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.