Social Security Act 2018 (Version 56)/Part 4

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Part 4
Factors affecting benefits

Contents

Subpart 1—Guide to this Part
183 What this Part does
Subpart 2—Factors affecting benefits
Factors affecting benefits: pre-benefit activities
184 Regulations may prescribe pre-benefit activities
185 MSD must explain requirements
Factors affecting benefits: insurance recovery
186 Benefit may be subject to repayment of insurance payment
Factors reducing benefits: entitlement to overseas pensions
187 Interpretation
188 Persons affected by receipt of overseas pension
189 Benefit of person affected is reduced by amount of overseas pension
190 MSD may enter into arrangement with person affected by receipt of overseas pension
191 Treatment of certain overseas benefits, pensions, and allowances that are not overseas pensions
Factors reducing benefits: failure to assist child support
192 MSD must reduce rates of benefits for sole parents for failure to assist child support
193 No reduction in certain cases
194 Additional reduction in certain cases
Factors affecting eligibility for benefit: shared care of dependent child
195 Shared care of dependent child
196 Rules for assessing which parent has greater responsibility for dependent child
Factors reducing benefits: compensation or damages
197 Effect of compensation or damages on application for benefit
198 Loss of earnings compensation under Accident Compensation Act 2001
Factors affecting benefit: veteran’s entitlement
199 Veteran’s entitlement excludes any other benefit
200 Exceptions to rule that veteran’s entitlement excludes any other benefit
Factors affecting benefit: personal benefit excludes benefit on behalf
201 Personal benefit of spouse or partner excludes benefit on behalf of spouse or partner
Factors affecting benefit: maintenance claim
202 MSD may refuse or cancel benefit for failure to take reasonable steps to obtain maintenance
Factors affecting benefit: family protection claim
203 MSD may refuse or cancel benefit if family protection claim not pursued
Factors affecting benefit: person not ordinarily resident in New Zealand
204 MSD may refuse or cancel benefit if person not ordinarily resident in New Zealand
Factors affecting benefit: refugee or protected person status
205 Refugee or protected person status
Factors affecting benefit: hospitalisation
206 Hospitalisation
207 Benefit of spouse or partner increased after 13th week of hospitalisation
Factors affecting benefit: alcohol and drug treatment
208 Beneficiary resident in institution for treatment of alcoholism or drug addiction
Factors affecting benefit: issue of warrant for beneficiary’s arrest
209 Benefit not payable to person who is subject to warrant of arrest
210 Beneficiary and offence defined for section 209
211 MSD must give beneficiary notice of unresolved warrant
212 Requirements for unresolved warrant notice
213 Immediate suspension of benefit at request of New Zealand Police
214 Beneficiary and offence defined for section 213
215 MSD must give beneficiary notice of immediate suspension
216 Effect of non-payment or suspension of benefit
Factors affecting benefit: custody in prison or on remand
217 Benefit not payable during custody in prison or on remand
218 Exceptions to rule that benefit not payable during custody in prison or on remand
Factors affecting benefit: absence from New Zealand
219 General rule: benefit not payable while beneficiary absent from New Zealand
220 Special absence rule: winter energy payment
Factors affecting benefit: additional dependent child
221 Purpose of sections 222 to 224
222 Additional dependent child must not be taken into account in certain cases
223 Extended application of additional dependent child rules
224 Limited application of additional dependent child rules
Factors affecting benefit: voluntary unemployment or loss of employment through misconduct, etc
225 Basic rule: no work-tested benefit for 13 weeks after leaving employment or scheme or loss of employment due to misconduct
226 Persons to whom basic rule applies
227 What happens if basic rule applies
228 MSD’s options in case of misconduct
229 Interpretation
Factors affecting benefits: non-entitlement period, stand down, or 100% suspension of benefit
230 How non-entitlement period, etc, affects supplementary benefits, and spouse or partner