Plain language law

New Zealand law explained for everyone

Child Support Act 1991

Liability to pay child support under formula assessment - Application for formula assessment

9: UCB beneficiaries must apply for formula assessment

You could also call this:

“If you get money for looking after a child, you need to ask for child support from the parents”

If you take care of a child and get an unsupported child’s benefit (UCB), you need to apply for child support from the child’s parents. This applies if you look after the child for at least 35% of the time.

You must apply for child support when you apply for the UCB, or when the Commissioner tells you to. This is true even if you already get child support from an overseas order.

You don’t have to apply for child support if:

  • There’s not enough proof to show who the parent is
  • Applying might put you, your family, or the child in danger
  • The parent died before you applied for the UCB
  • The child was born because of incest or sexual violation
  • There’s another very important reason why you can’t apply

‘Violence’ in this law means the same as in the Family Violence Act 2018.

If you stop getting the UCB or stop looking after the child for at least 35% of the time, the child support assessment will end.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM253531.

Topics:
Family and relationships > Children and parenting
Previous

8: Who may apply for formula assessment, or

"Parents or carers can ask for help figuring out child support payments"

Next

10: Form of application, or

"How to fill out the form for asking for child support money"

Part 1 Liability to pay child support under formula assessment
Application for formula assessment

9UCB beneficiaries must apply for formula assessment

  1. This section applies to a person who is a carer of a qualifying child (other than a child to whom section 8(2) applies) and—

  2. is a UCB beneficiary; and
    1. provides, or considers that the person provides, at least 35% of ongoing daily care to the child; and
      1. is not already a receiving carer in respect of the child (but see subsection (4)).

        1. A person to whom this section applies must apply for a formula assessment of child support in relation to every parent of the child unless subsection (5) applies.

        2. A UCB beneficiary who is required under subsection (2) to apply for a formula assessment of child support in relation to a parent of the child must make the application—

        3. at the same time as an application for unsupported child’s benefit is made:
          1. at a time other than when an application for unsupported child’s benefit is made, when notified by the Commissioner that an application for a formula assessment is required in relation to the qualifying child.

            1. If a person who is or becomes a UCB beneficiary receives child support pursuant to an order under Part 4 that relates to an overseas order (as referred to in section 67(b)),—

            2. the person is deemed not to be a receiving carer for the purpose of this section; and
              1. the person is deemed to have made, on the date on which the person becomes a UCB beneficiary, an election under section 70 that the order be one to which Part 4 does not apply; and
                1. if the person ceases to be a UCB beneficiary, or ceases to provide at least 35% of ongoing daily care to the child,—
                  1. any formula assessment applying at that time ceases to apply; and
                    1. the election under section 70 is deemed to be revoked (despite section 70(4)) on the following day.

                    2. A UCB beneficiary is not required to apply for a formula assessment in relation to a parent of the child if either the Commissioner or the chief executive of the department for the time being responsible for the administration of the Social Security Act 2018 is satisfied that all or any of the following applies:

                    3. there is insufficient evidence available to establish who in law that parent is:
                      1. there would be a risk of violence to a specified person if the UCB beneficiary were to do 1 or both of the following:
                        1. make an application for a formula assessment of child support in relation to that parent:
                          1. take steps to make an application for a formula assessment of child support in relation to that parent:
                          2. that parent died before the application for unsupported child’s benefit was made:
                            1. the child was conceived as a result of incest or sexual violation:
                              1. the UCB beneficiary cannot make an application for a formula assessment of child support in relation to that parent because of a compelling circumstance, other than a circumstance mentioned elsewhere in this subsection.

                                1. In subsection (5)(b),—

                                  specified person, for a UCB beneficiary, means any of the following:

                                  1. the UCB beneficiary:
                                    1. the UCB beneficiary’s spouse or partner:
                                      1. the UCB beneficiary’s children:
                                        1. the qualifying child:
                                          1. a parent of the qualifying child:
                                            1. a sibling of the qualifying child

                                              violence has the same meaning as in section 9 of the Family Violence Act 2018.

                                              Notes
                                              • Section 9: replaced, on , by section 5 of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).