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Child Support Act 1991

Exemptions - Exemptions for hospital patients, persons suffering from long-term periods of illness, prisoners, and persons under 16 years - Restrictions on application of exemptions

89F: Exemption does not apply at any time during child support year if income criteria not met at any time during relevant period

You could also call this:

“You can't use a child support exemption if you make too much money during the year”

You can’t use an exemption for any part of a child support year if you don’t meet the income rules at any time during the relevant period. This means:

For hospital patients, you can’t earn money except from investments or a specific benefit for long-term hospital patients. If you get money from investments, it can’t be more than a certain amount.

For people who are ill, you can’t earn money except from investments. If you get money from investments, it can’t be more than a certain amount.

For prisoners, you can’t earn money except from investments or from working in prison. If you get money from investments, it can’t be more than a certain amount.

For people under 16, you can’t earn money except from investments. If you get money from investments, it can’t be more than a certain amount.

If you were getting a higher benefit when you went to hospital, you can still use the exemption after you stop getting that benefit.

If you were getting a benefit when you became ill, you can still use the exemption after you stop getting that benefit.

The relevant period is the time during the child support year when you would have to pay child support if you didn’t have an exemption. This period changes depending on why you have an exemption (being in hospital, being ill, being in prison, or being under 16).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM254750.

Topics:
Family and relationships > Children and parenting
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Part 5A Exemptions
Exemptions for hospital patients, persons suffering from long-term periods of illness, prisoners, and persons under 16 years: Restrictions on application of exemptions

89FExemption does not apply at any time during child support year if income criteria not met at any time during relevant period

  1. An exemption under this subpart does not apply at any time during the whole of a child support year if,—

  2. at any time during the relevant period,—
    1. in the case of an exemption under section 89C, the person receives any income (subject to section 89C(1A)) other than from investments or a social security benefit payable at the rate specified in Part 12 of Schedule 4 of the Social Security Act 2018 or an equivalent benefit in an overseas jurisdiction as payable to long-term hospital patients; or
      1. in the case of an exemption under section 89CA, the person receives any income (subject to section 89CA(2)) other than from investments; or
        1. in the case of an exemption under section 89D or 89E, the person receives any income (subject to section 89D(1A)) other than from investments or from employment under section 66 of the Corrections Act 2004 or equivalent employment in an overseas jurisdiction; or
        2. the person receives income from investments during the relevant period that—
          1. exceeds, if the relevant period is less than a full child support year in duration, an average amount per week in the relevant period that is equal to the relevant minimum annual rate of financial support, divided by 52; or
            1. exceeds, if the relevant period is a full child support year in duration, the relevant minimum annual rate of financial support.

            2. However, in the case of an exemption under section 89C, if a liable person is receiving a higher rate benefit at the start of that person's hospitalisation, that benefit does not prevent the exemption from applying after the person stops receiving that benefit for the whole or a part of the rest of the child support year in which that person became a hospital patient.

            3. Also, in the case of an exemption under section 89CA, if a liable person is receiving a benefit at the start of that person’s period of illness, that benefit does not prevent the exemption from applying after the person stops receiving that benefit for the whole, or a part of, the rest of the child support year in which that exemption applies.

            4. For the purposes of this section,—

              higher rate benefit means a social security benefit payable at a rate higher than the rate specified in Part 12 of Schedule 4 of the Social Security Act 2018 as payable to long-term hospital patients

                relevant period, in relation to a child support year,—

                1. in the case of an exemption under section 89C, means the period of hospitalisation that is in the child support year and during which the person would, but for an exemption under this subpart, be liable to pay financial support; and
                  1. in the case of an exemption under section 89CA, means the period of illness that is in the child support year and during which the person would, but for an exemption under this subpart, be liable to pay financial support; and
                    1. in the case of an exemption under section 89D, means the period of imprisonment that is in the child support year and during which the person would, but for an exemption under this subpart, be liable to pay financial support; and
                      1. in the case of an exemption under section 89E, means the period before the person turns 16 that is in the child support year and during which the person would, but for an exemption under this subpart, be liable to pay child support.

                      Notes
                      • Section 89F: inserted, on , by section 17(1) of the Child Support Amendment Act 2006 (2006 No 42).
                      • Section 89F(1)(a)(i): amended, on , by section 29(1) of the Child Support Amendment Act 2021 (2021 No 6).
                      • Section 89F(1)(a)(i): amended, on , by section 459 of the Social Security Act 2018 (2018 No 32).
                      • Section 89F(1)(a)(i): amended, on , by section 19A(1) of the Child Support Amendment Act 2013 (2013 No 12).
                      • Section 89F(1)(a)(ia): inserted, on , by section 29(2) of the Child Support Amendment Act 2021 (2021 No 6).
                      • Section 89F(1)(a)(ii): replaced, on , by section 29(3) of the Child Support Amendment Act 2021 (2021 No 6).
                      • Section 89F(2A): inserted, on , by section 29(4) of the Child Support Amendment Act 2021 (2021 No 6).
                      • Section 89F(3) higher rate benefit: amended, on , by section 459 of the Social Security Act 2018 (2018 No 32).
                      • Section 89F(3) relevant period paragraph (aa): inserted, on , by section 29(5) of the Child Support Amendment Act 2021 (2021 No 6).