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Immigration Act 2009

Compliance and information - Disclosure of information to or by other agencies, bodies, or persons

298: Information matching to verify social security benefit matters

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“Agencies share information to check benefit eligibility and amounts”

This section explains how the Department of Immigration and the department responsible for social security can share information about people who receive benefits. This helps them check if people are entitled to benefits and if the amount they receive is correct.

The heads of these two departments can make agreements about how to share this information. The social security department can give details about benefit applicants and recipients to the immigration department.

The immigration department can then compare this information with what they know about the person. If the person falls into certain categories, like being in New Zealand illegally or having a temporary visa, the immigration department can share specific details about them with the social security department.

The information shared can include the person’s name, date of birth, nationality, address, visa details, and information about any refugee or protection claims they’ve made.

The department heads decide how often they share information, what format they use, and how they send it. Since 1 December 2020, they must follow specific privacy agreements when sharing this information.

The law defines some important terms used in this section, like what counts as a “benefit” and what “identifying information” means.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441073.

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Part 8 Compliance and information
Disclosure of information to or by other agencies, bodies, or persons

298Information matching to verify social security benefit matters

  1. The purpose of this section is to facilitate the disclosure of information between the Department and the department of State for the time being responsible for the administration of the Social Security Act 2018 (the responsible department) for the purposes of verifying—

  2. the entitlement or eligibility of any person to or for any benefit; or
    1. the amount of any benefit to which any person is or was entitled or for which any person is or was eligible.

      1. The chief executive of the Department and the chief executive of the responsible department may, for the purposes of this section, make arrangements between them in writing for the disclosure of information under this section and, in accordance with those arrangements, the chief executive of the responsible department may supply to the chief executive of the Department identifying information about any person who has applied to receive, is receiving, or has received a benefit.

      2. The chief executive of the Department may—

      3. compare any information he or she receives under subsection (2) with any information held by the Department that relates to the person; and
        1. if the Department has immigration information about the person, and he or she is a person described in subsection (4), supply the information described in subsection (5) in relation to the person to an authorised officer in accordance with the arrangements made under subsection (2).

          1. The person—

          2. is a person who the chief executive of the Department believes is unlawfully in New Zealand; or
            1. is a person on whom an immigration officer or a constable may serve a deportation order under section 175(1); or
              1. is a person who is lawfully in New Zealand, but only by virtue of being the holder of a temporary entry class visa; or
                1. is a person who has made a claim for recognition, or has been recognised, as a refugee or a protected person; or
                  1. is a person who has lodged an appeal against the decision of a refugee and protection officer to decline his or her claim for recognition as a refugee or a protected person; or
                    1. is a person whose appeal against the decision of a refugee and protection officer to decline his or her claim for recognition as a refugee or a protected person has been determined; or
                      1. is a person who has been deported (whether under this Act or the former Act) or removed under the former Act.

                        1. The information referred to in subsection (3) is as follows:

                        2. the person’s full name:
                          1. any aliases known to be used by the person:
                            1. the person’s date of birth:
                              1. the person’s nationality:
                                1. the person’s address:
                                  1. the person's immigration status, including—
                                    1. the start date of any visa granted to the person; and
                                      1. the expiry date of any visa granted to the person:
                                      2. whether the person has applied for a residence class visa and, if so, the date on which the application was made:
                                        1. the date on which a deportation order was served on the person (if applicable):
                                          1. the date of the person’s deportation from New Zealand (if applicable):
                                            1. the date on which the person made a claim (if any) for recognition as a refugee or a protected person:
                                              1. the decision of a refugee and protection officer in relation to the person’s claim (if any) for recognition as a refugee or a protected person and the date on which the decision was made:
                                                1. whether the person has lodged an appeal against a decision referred to in paragraph (k) and, if so, the date on which the appeal was lodged:
                                                  1. the outcome of any appeal referred to in paragraph (l) and the date of the decision:
                                                    1. if the person is a refugee or a protected person, whether he or she has applied for a visa and, if so, the type of visa applied for and the date on which the application was made.

                                                      1. The chief executive of the Department and the chief executive of the responsible department may, for the purpose of this section, determine by agreement between them—

                                                      2. the frequency with which information may be supplied; and
                                                        1. the form in which information may be supplied; and
                                                          1. the method by which information may be supplied.

                                                            1. On or after 1 December 2020, no information may be disclosed under this section except under—

                                                            2. an information matching agreement entered into under Part 10 of the Privacy Act 1993 and continued by clause 11 of Schedule 1 of the Privacy Act 2020; or
                                                              1. an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2020.

                                                                1. In this section,—

                                                                  authorised officer means an officer, employee, or agent of the responsible department who is authorised by the chief executive of that department to receive information from the chief executive of the Department in accordance with this section

                                                                    benefit means any of the following:

                                                                    1. a benefit as defined in Schedule 2 of the Social Security Act 2018:
                                                                      1. a funeral grant lump sum payable under section 90 of that Act:
                                                                        1. any special assistance payable under a programme approved under section 100 or 101 of that Act

                                                                          identifying information, in relation to a person, includes—

                                                                          1. the person's full name and gender:
                                                                            1. any aliases known to the responsible department to be used by the person:
                                                                              1. the person's date of birth:
                                                                                1. the person's address.

                                                                                Compare
                                                                                Notes
                                                                                • Section 298(1): amended, on , by section 459 of the Social Security Act 2018 (2018 No 32).
                                                                                • Section 298(4)(g): amended, on , by section 76 of the Immigration Amendment Act 2015 (2015 No 48).
                                                                                • Section 298(6A): inserted, on , by section 190 of the Privacy Act 2020 (2020 No 31).
                                                                                • Section 298(7) benefit: replaced, on , by section 459 of the Social Security Act 2018 (2018 No 32).