Section 222 — Social Security Act 2018: Additional dependent child must not be taken into account in certain cases

222 Additional dependent child must not be taken into account in certain cases (1) This section applies when a person ( P )— (a) receives 1 of the following benefits (whether in P’s own right or as the spouse or partner of the person granted the benefit): (i) sole parent support: (ii) a supported living payment: (iii) jobseeker support: (iv) an emergency benefit; and (b) is the caregiver, or principal caregiver, of a dependent child or children; and (c) becomes the caregiver, or principal caregiver, of a dependent child (an additional dependent child ) who is additional to the existing dependent child or children. (2) An additional dependent child aged 1 year or over is not a dependent child for the purposes of P’s eligibility for sole parent support ( see section 30 ). (3) An additional dependent child aged 1 year or over is— (a) not a dependent child for the purposes of the criteria stated in section 121 for imposing work-preparation obligations on P or P’s spouse or partner under sections 120 to 125 : (b) not a dependent child for the purposes of determining whether P or P’s spouse or partner falls within the definitions of any of the following terms ( see Schedule 2 ): (i) part-time work-tested beneficiary: (ii) work-tested sole parent support beneficiary: (iii) work-tested spouse or partner. (4) Subsection (1) does not apply when— (a) P is the resident of another country; and (b) there is in force under section 380 an order declaring that the provisions contained in an agreement (for example, a convention) with the government of that other country set out in a schedule of the order have force and effect so far as they relate to New Zealand. (5) In applying subsection (2) to a beneficiary for the purposes only of determining that person’s eligibility for sole parent support, in a case where the beneficiary’s sole parent support expired on the date that the beneficiary’s youngest child turned 14 years old and has been replaced with jobseeker support, “An additional dependent child aged 1 year or over” must be read as “An additional dependent child at all times after that child is born” . Compare: 1964 No 136 s 60GAE(1), (1A), (2), (3A)