Section 1061JHA — Social Security Act 1991: 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.