Social Security Act 2018
Sections and provisions with full text and the judgments that cite each one.
Section 202 — MSD may refuse or cancel benefit for failure to take reasonable steps to obtain maintenance
202 MSD may refuse or cancel benefit for failure to take reasonable steps to obtain maintenance (1) This section applies if MSD is satisfied an applicant has failed to take reasonable steps to…
Section 203 — MSD may refuse or cancel benefit if family protection claim not pursued
203 MSD may refuse or cancel benefit if family protection claim not pursued (1) This section applies if a person ( P ) who is a beneficiary or an applicant for a benefit, in MSD’s view,— (a) has a…
Section 204 — MSD may refuse or cancel benefit if person not ordinarily resident in New Zealand
204 MSD may refuse or cancel benefit if person not ordinarily resident in New Zealand (1) MSD may refuse to grant a benefit, cancel or reduce a benefit already granted, or grant a benefit at a…
Section 205 — Refugee or protected person status
205 Refugee or protected person status (1) This section applies if MSD is satisfied that a person ( P ) is any of the following: (a) a person lawfully present in New Zealand who is awaiting the…
Section 206 — Hospitalisation
206 Hospitalisation (1) The main benefit under this Act of a person ( P ) is affected by hospitalisation if P— (a) is in hospital for a period of more than 13 weeks; and (b) has a spouse or partner…
Section 207 — Benefit of spouse or partner increased after 13th week of hospitalisation
207 Benefit of spouse or partner increased after 13th week of hospitalisation (1) This section applies if— (a) a person’s ( P’s ) main benefit under this Act is reduced under section 206 ; and (b) P…
Section 208 — Beneficiary resident in institution for treatment of alcoholism or drug addiction
208 Beneficiary resident in institution for treatment of alcoholism or drug addiction (1) This section applies if a person ( P ) is— (a) a beneficiary; and (b) a resident of an institution for the…
Section 209 — Benefit not payable to person who is subject to warrant of arrest
209 Benefit not payable to person who is subject to warrant of arrest (1) A benefit is not payable to a person ( P ) if MSD is satisfied that— (a) P is a beneficiary who receives a main benefit under…
Section 210 — Beneficiary and offence defined for section 209
210 Beneficiary and offence defined for section 209 In section 209 ,— beneficiary excludes a person who is 1 of the following: (a) a young person (as defined in section 2(1) of the Oranga Tamariki…
Section 211 — MSD must give beneficiary notice of unresolved warrant
211 MSD must give beneficiary notice of unresolved warrant As soon as practicable after MSD is notified of the issue of the warrant, MSD must give P a notice for the purposes of this section (an…
Section 212 — Requirements for unresolved warrant notice
212 Requirements for unresolved warrant notice (1) An unresolved warrant notice must— (a) specify a period of 10 working days within which the person to whom the notice is delivered ( P ) may— (i)…
Section 213 — Immediate suspension of benefit at request of New Zealand Police
213 Immediate suspension of benefit at request of New Zealand Police MSD may suspend immediately a benefit payable to a person ( P ) if— (a) MSD is satisfied that— (i) criminal proceedings have been…
Section 214 — Beneficiary and offence defined for section 213
214 Beneficiary and offence defined for section 213 In section 213 ,— beneficiary excludes a person who is 1 of the following: (a) a young person (as defined in section 2(1) of the Oranga Tamariki…
Section 215 — MSD must give beneficiary notice of immediate suspension
215 MSD must give beneficiary notice of immediate suspension (1) This section applies if under section 213 MSD suspends immediately a benefit payable to a person ( P ). (2) As soon as reasonably…
Section 216 — Effect of non-payment or suspension of benefit
216 Effect of non-payment or suspension of benefit (1) The following sections apply to a benefit (as if it had been suspended under section 232 ) that is not payable under section 209 or is suspended…
Section 217 — Benefit not payable during custody in prison or on remand
217 Benefit not payable during custody in prison or on remand (1) A benefit is not payable to a person ( P ) for any period during which P is— (a) in custody in prison; or (b) in custody on remand;…
Section 218 — Exceptions to rule that 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 (1) MSD may continue payment to a beneficiary of New Zealand superannuation or a veteran’s pension for 2 pay days…
Section 219 — General rule: benefit not payable while beneficiary absent from New Zealand
219 General rule: benefit not payable while beneficiary absent from New Zealand (1) For any period during which a person is absent from New Zealand, a benefit is not payable to that person. (2)…
Section 220 — Special absence rule: winter energy payment
220 Special absence rule: winter energy payment (1) The winter energy payment is not payable for 1 or more days while a beneficiary is absent from New Zealand unless it is so payable under subsection…
Section 221 — Purpose of sections 222 to 224
221 Purpose of sections 222 to 224 (1) The purpose of sections 222 to 224 is to improve the financial and social outcomes for families that include people to whom those sections apply. (2) Sections…
Section 222 — 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…
Section 223 — Extended application of additional dependent child rules
223 Extended application of additional dependent child rules (1) MSD may apply the additional dependent child rules in section 222(2) and (3) in relation to any dependent child or children of whom a…
Section 224 — Limited application of additional dependent child rules
224 Limited application of additional dependent child rules MSD may elect (for any period MSD thinks fit) not to apply the additional dependent child rules in section 222(2) and (3) in relation to…
Section 225 — Basic rule: no work-tested benefit for 13 weeks after leaving employment or scheme or loss of employment due to misconduct
225 Basic rule: no work-tested benefit for 13 weeks after leaving employment or scheme or loss of employment due to misconduct (1) A person is not entitled to a work-tested benefit for a period of 13…
Section 226 — Persons to whom basic rule applies
226 Persons to whom basic rule applies The basic rule applies to the following persons: (a) a work-tested beneficiary: (b) an applicant for a benefit who would become a work-tested beneficiary if the…
Section 227 — What happens if basic rule applies
227 What happens if basic rule applies (1) If the basic rule applies to a person ( P ),— (a) MSD must cancel the benefit (if granted); and (b) must not grant P the benefit in any other case; and (c)…
Section 228 — MSD’s options in case of misconduct
228 MSD’s options in case of misconduct (1) If the basic rule applies to a person ( P ) because of misconduct, MSD has 2 additional options: (a) MSD may decide that the basic rule should not apply to…
Section 229 — Interpretation
229 Interpretation For the purposes of this section and sections 225 to 228 ,— basic rule means the rule set out in section 225 benefit means a work-tested benefit employment ,— (a) in the case of an…
Section 230 — How non-entitlement period, etc, affects supplementary benefits, and spouse or partner
230 How non-entitlement period, etc, affects supplementary benefits, and spouse or partner (1) This section applies while a person is subject to— (a) a non-entitlement period; or (b) a stand down…
Section 231 — What this Part does
231 What this Part does This Part sets out— (a) the sanctions that may be imposed for a breach of an obligation under this Act: (b) the offences that are created by this Act.
Section 232 — Sanctions for failure to comply with certain obligations under this Act
232 Sanctions for failure to comply with certain obligations under this Act (1) MSD must under this section impose a sanction if MSD considers that a person has failed without good and sufficient…
Section 233 — Obligations that carry sanction for failure to comply
233 Obligations that carry sanction for failure to comply The obligations referred to in section 232(1) are the following: (a) obligation to comply with a requirement under section 118 to attend and…
Section 234 — Hierarchy of sanctions
234 Hierarchy of sanctions The sanction that MSD must impose under section 232(1) is,— (a) for a first failure, reduction in a main benefit: (b) for a second failure, suspension of a main benefit:…
Section 235 — Failure, and first, second, and third failure, defined for obligations other than young person or young parent obligations
235 Failure, and first, second, and third failure, defined for obligations other than young person or young parent obligations In this subpart,— failure means a failure to comply with an obligation…
Section 236 — Sanction for first failure: reduction in main benefit
236 Sanction for first failure: reduction in main benefit (1) For a first failure by a person ( P ), MSD must— (a) reduce P’s main benefit by half until P recomplies; and (b) if P fails to recomply…
Section 237 — Sanction for second failure: suspension of main benefit
237 Sanction for second failure: suspension of main benefit (1) For a second failure by a person ( P ), MSD must suspend P’s main benefit until P recomplies. (2) This section is subject to sections…
Section 238 — Sanction for third failure: cancellation of main benefit
238 Sanction for third failure: cancellation of main benefit (1) For a third failure by a person ( P ), MSD must cancel P’s main benefit. (2) On cancellation under this section of P’s main benefit,—…
Section 239 — Reduction or suspension of reduced benefit
239 Reduction or suspension of reduced benefit If a person’s specified benefit (as defined in section 331 ) is reduced under section 236 or suspended under section 237 , and the person is regranted a…
Section 240 — Failures that can be counted
240 Failures that can be counted (1) A failure can be counted if it occurs during a period of continuous payment of a main benefit, whether or not it is the same benefit. (2) For the purposes of…
Section 241 — Meaning of continuous payment
241 Meaning of continuous payment (1) For the purposes of section 240(1) , 2 or more different main benefits paid to a beneficiary do not give rise to a period of continuous payment in respect of the…
Section 242 — Failures that cannot be counted
242 Failures that cannot be counted (1) A failure cannot be counted if it occurred more than 12 months before the failure for which the calculation is made. (2) For the purposes of subsection (1), a…
Section 243 — Exclusion of sanction if failure is subject of prosecution under Education Act 1989
243 Exclusion of sanction if failure is subject of prosecution under Education Act 1989 MSD must not impose a sanction for a person’s failure to comply with the obligation under section 133(1) (which…
Section 244 — Variation for failure to comply with work-test obligation to accept offer of suitable employment
244 Variation for failure to comply with work-test obligation to accept offer of suitable employment (1) MSD must, under section 238 , cancel a main benefit for any failure to comply with the…
Section 245 — Variation for breach of work-test obligation by 1 spouse or partner
245 Variation for breach of work-test obligation by 1 spouse or partner (1) This section applies when— (a) a main benefit is payable at a work-test couple rate; and (b) the benefit is reduced,…
Section 246 — Variation for breach of work-test obligation by both partners or spouses
246 Variation for breach of work-test obligation by both partners or spouses (1) This section applies when— (a) a main benefit is payable at a work-test couple rate; and (b) the benefit is reduced,…
Section 247 — Variation for suspension or cancellation of benefit or non-entitlement period affecting couple with 1 or more dependent children
247 Variation for suspension or cancellation of benefit or non-entitlement period affecting couple with 1 or more dependent children (1) This section applies when— (a) a main benefit is payable at a…
Section 248 — Variation for suspension or cancellation of main benefit or non-entitlement period affecting sole parent
248 Variation for suspension or cancellation of main benefit or non-entitlement period affecting sole parent (1) This section applies when the main benefit of a person ( P ) who is a sole parent is…
Section 249 — Good and sufficient reason for non-compliance: default by MSD
249 Good and sufficient reason for non-compliance: default by MSD A good and sufficient reason for failure to comply with a requirement or obligation set out in section 233 includes default by MSD…
Section 250 — Good and sufficient reason for failure to comply with drug-testing obligation
250 Good and sufficient reason for failure to comply with drug-testing obligation (1) A person ( P ) has a good and sufficient reason for not complying with a drug-testing obligation, or for failing…
Section 251 — Good and sufficient reason for failure to supervise dependent child
251 Good and sufficient reason for failure to supervise dependent child A good and sufficient reason for failure to comply with an obligation under section 146(1) (d) includes supervision of a…