Page:Social Security Act 2018.pdf/34

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Part 2 s 17
Social Security Act 2018
2018 No 32

(i)has resided continuously in New Zealand for a period of at least 2 years at any one time after becoming a citizen or resident; or

(ii)is recognised as a refugee or a protected person in New Zealand under the Immigration Act 2009; or

(b)P is ordinarily resident in a country with which New Zealand has a reciprocity agreement, and P has resided continuously in New Zealand for a period of at least 2 years before applying for the benefit or before a decision on P’s claim for the benefit is made.

(3)For the purposes of subsection (2)(b), New Zealand has a reciprocity agreement with another country if there is in force under section 380 an order declaring that the provisions contained in an agreement (for example, a convention) signed by New Zealand and the Government of that country set out in a schedule of the order have force and effect so far as they relate to New Zealand.

(4)This section does not limit section 204 (MSD may refuse or cancel benefit if person not ordinarily resident in New Zealand), and is subject to section 205 (refugee or protected person status).

(5)This section is also subject to any regulations made under section 421 that specify circumstances in which a person—

(a)is taken to meet the residential requirement; or

(b)must be treated, for the purposes of satisfying the residential requirement, as being resident and present in New Zealand; or

(c)must not be required to comply with the residential requirement.

Compare: 1964 No 136 s 74AA

17Rates

(1)Assistance granted under this Part must be paid at the appropriate rate specified in Schedule 4.

(2)Subsection (1) does not apply to the following assistance granted under this Part:

(a)an emergency benefit under section 63:

(b)childcare assistance under section 77:

(c)funeral grants under section 90:

(d)temporary additional support under section 96:

(e)special assistance under subpart 17.

(3)Subsection (1) is subject to the provisions of this Act that provide for the reduction, suspension, or cancellation of assistance in certain circumstances.

Compare: 1964 No 136 ss 20G, 29A, 39B, 40I, 61(2), 61CB, 61EC, 61G(3), 61GA(3), 69C, 88M, 163, 169

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