CP Group Presentation

Why?

Australia's Social Security

Crisis Payment and Family Violence

Crisis Payment [CP]

"is a one-off payment, equivalent to one week of a person’s eligible fortnightly social security payment, that is payable to a person who is in ‘severe financial hardship’ at the time of a particular crisis, including family violence." (ALRC, 2011)

Eligibility:

• be eligible for an income support payment from Centrelink
• have severe financial hardship, and
• have an extreme life change such as leaving a violent relationship, getting out of jail or being a refugee, or
• go through a natural disaster not covered by the specific Disaster Recovery Payment

You’re in severe financial hardship if you’re:

• single and your funds total less than 2 weeks of the highest rate of your income support payment
• part of a couple and your funds total less than 4 weeks of the highest rate of your income support payment.

Aims of the Legislation:

Social Security Act & Crisis Payments

Social security entitlement intersects with family and domestic violence in many ways.

• Crisis payments aim to assist victims of family violence when they are in urgent need of financial help.
• A concern raised in the representations by the welfare group that non-refundable assistance was not available to persons who are forced to leave their homes as a result of extreme circumstances, such as natural disasters, fire and domestic or family violence.

On the other hand, the objective of income management according to Social Security (Administration) Act is to reduce immediate financial hardship and deprivation by ensuring that the whole or part of certain welfare payments is directed to meeting the priority needs and improve the level of protection afforded to welfare recipients and their families

Research findings reveal the experiences of clients who are victims of DFV with Australia's Social Security System

DFV intersects with all social security payments while clients experience financial distress and homelessness

Significant issues with structure and payment including delays for crisis payments, administrative error, and correspondence

Source: The National Social Security Rights Network (NSSRN)

Often women are left with large social security debts while partner has no financial responsibility, a result of economic abuse post separation

The expectation of shared income and assets increases women's risk for DFV while ignoring the gendered power imbalances inherent to the issue

The inability to access income support forced some women (and children) to either stay in their violent homes, especially migrant women, or become homeless

Significant distress and fear of reporting DFV due to the difficulties in accessing Centrelink's security payments esp when children are involved- staff, process, support

The Complexity of the Issue of DFV

• Family violence may be the overall context and cause of particular indicators of vulnerability of many women and children.

• There is no legislation which directly focuses on violence against women and children. It is like an 'umbrella issue' which intersects with different systems, i.e. Judiciary/Legal System, Police, Family Law, Child Protection Law, and Social Security Law.

• The vulnerable position of people experiencing family violence and the complex needs for their safety and protection, suggests that a different, more integrated, evidence-based response is required.

Issue 1: the requirement to be on, or eligible for, income support

Issues

Assumptions

• Social security serves as a ‘safety net’ for people not to be dependent on the government
• People take advantage of social security payments
• Social security payments are enough to support a family, in extension, families experiencing violence

• The requirement to be currently in receipt of or eligible for income support limits accessibility of CP for victims of FV as it creates a long, unruly process before receiving the ‘crisis’ payment

• For clients currently receiving security payments, this excludes those who are financially dependent on the perpetrator and who have no Independent income.

• Limits accessibility for victims with intersecting social conditions (e.g. refugees, migsrants from CALD backgrounds)

• Why not access Special Benefit (SB) Pay instead?
• One criterion: a person is restricted to receive any other SS pension or benefit

Source: ALRC, 2011

Issue 2: the nexus with the home and the corresponding definition of "extreme circumstance"

Assumptions

Issues

• Leaving home is the safest option for women and children.

• Women have the ‘free will’ to leave violent situations and the ‘responsibility’ to stop violence.

• The requirement to ‘leave home or the perpetrator is removed from, or leaves home’ poses difficulties for DFV victims to access CP:
• A person’s home may not be in line with the relevant definition of home.
• Violence may occur post separation e.g. economic abuse
• Increases risk for homelessness
• A person may not leave violent home shared with perpetrator and cannot afford to do so without access to independent financial assistance
• Additional issues for victims with disabilities

Source: ALRC, 2011

Issue 2: the nexus with the home and the corresponding definition of "extreme circumstance"

Assumptions

Issues

• Leaving home is the safest option for women and children.

• Women have the ‘free will’ to leave violent situations and the ‘responsibility’ to stop violence.

• Nexus of the home requirement is too restrictive affecting the safety of DFV victims, as they are required to have the following circumstances:
• Persons must have left home, in ‘extreme circumstances’ where it is unreasonable to return or establish a new home.
• The victim in the home after the perpetrator is removed from, or leaves the home - requires verification that the perpetrator actually lived with the victim in the home immediately before being removed. The claiming period begins when the family member leaves.

Source: ALRC, 2011

Issue 3: the seven day claim period

Assumptions

Issues

• Because it is a crisis payment – it is assumed that clients will claim as soon as they experience the ‘crisis’, hence, the deadline is set within a short period of time.

• The government doesn’t see DFV as an urgent national problem as compared to others – driven by neoliberalism

• 7 days is too short and restricts access to CP for victims, when applied strictly.
• A person experiencing FV may not reach a ‘crisis’ point until finances have been exhausted which may take longer than 7 days.
• Claiming period induces retraumatisation and secondary victimisation for women (victim blaming)
• Urgent Payments - where a social security recipient is in severe financial hardship due to ‘exceptional and unforeseen circumstances’, an urgent payment of the person’s next fortnightly payment may be made.

Source: ALRC, 2011

Advocacy Strategies for Policy Change

Media Advocacy

- Bringing the issue to the mainstream; #SocialMediaMovements

- Shifting the discourse and norms

- Attracting public attention as well as policy makers

• Influencing any public policy can be difficult and complex, particularly for those with limited powers and resources.

• It is constructed through complex interactions and negotiations amongst stakeholders, including politicians, interest groups, advisers, bureaucrats, and a range of 'champion' actors.

• Gaining support of the public is one important factor in policy change.

Networking and Coalitions

- Collaborating with key organisations e.g. White Ribbon, OurWatch, ANROWS, DVNSW

- Linking with Centrelink staff with DV Specialist organisations to support interventions and integrated responses

Protests, Dialogues, and Policy Proposals

- Raising unheard voices through people power

- Addressing systematic issues with policy through research and evidence-based proposals

- Promoting activism and radical thinking

References:

• Australian Government Department of Veteran’ Affairs, C36/1999 Crisis Payments, issued on 13 December 1999 < http://clik.dva.gov.au/compensation-and-support-reference-library/departmental-instructions/1999/c361999-crisis-payments>
• Australian Government Department of Veteran’ Affairs, Factsheet IS121- Crisis Payments
• Australian Government, “Crisis Payment (Crp)”, Social Security Guide, Released on 6 May 2019 < http://guides.dss.gov.au/guide-social-security-law/1/2/6/30>
• Australian Law Reform Commission. (2011). Family violence and Commonwealth laws: Improving legal frameworks. Australian Law Reform Commission.
• National Social Security Rights Network (NSSRN) 2018, How Well Does Australia’s Social Security System Support Victim of Family & Domestic Violence?, viewed on 23 May 2019 < http://www.nssrn.org.au/wp/wp-content/uploads/2018/08/NSSRN_Report2018_FamilyViolence_SocialSecurity_sm.pdf?fbclid=IwAR1m_hjd4SmTArypiqW6t8lgNwwhYpb89uV-rH-IQsq-S7-plpf4Hu9Ws_M
• Our Watch, Australia's National Research Organisation for Women's Safety (ANROWS), & VicHealth. (2015). Change the story: A shared framework for the primary prevention of violence against women and their children in Australia. Our Watch, Melbourne, Australia.