Section 43 — Social Security Act 2018: Orphan’s benefit: requirements

43 Orphan’s benefit: requirements (1) This section applies if, because of the circumstances specified in subsection (2), a child has no parent (as defined in subsection (3)) who is able to care for the child. (2) The circumstances are that each of the child’s parents (as defined in subsection (3))— (a) is dead; or (b) is missing; or (c) has a long-term serious disablement. (3) A parent , in relation to a child, and for the purposes only of this subpart and section 31(b)(i) , means a natural parent or an adoptive parent (and so excludes, for those purposes, a step-parent) of the child. (4) A person ( P ) is entitled to an orphan’s benefit for the child if— (a) P is an eligible caregiver of the child; and (b) either— (i) the child is both resident and present in New Zealand; or (ii) P has been both resident and present in New Zealand for a continuous period of 12 months at any time. Compare: 1964 No 136 s 28