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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 - Application and grant of exemptions under this subpart

89H: Applications for exemptions under this subpart

You could also call this:

"How to ask for special treatment in child support payments"

If you want to apply for an exemption under this part of the law, you need to follow these rules:

You must fill out the right form and give it to the Commissioner on time. The deadline depends on why you're asking for the exemption. For example, if you were in hospital, you have 3 months after you leave to apply. If you were sick for a long time, you have 3 months after you get better. If you were in prison, you need to apply before you get out. If you're under 16, you have 3 months after your 16th birthday to apply.

On the form, you need to tell the Commissioner how much money you think you'll make each week and in total for the time periods they ask about. If you're applying because you were sick for a long time, you need to prove that you were too sick to work.

You can apply for an exemption for the whole time you were in hospital, sick, in prison, or under 16. Or you can apply for just part of that time if you want.

Remember to include all the information the form asks for. This helps the Commissioner understand your situation and make a fair decision about your exemption.

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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=DLM254759.

Topics:
Family and relationships > Children and parenting
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Part 5AExemptions
Exemptions for hospital patients, persons suffering from long-term periods of illness, prisoners, and persons under 16 years: Application and grant of exemptions under this subpart

89HApplications for exemptions under this subpart

  1. An application for an exemption under this subpart must—

  2. be in the appropriate approved form; and
    1. be given to the Commissioner before—
      1. the expiry of 3 months after the day on which the relevant period of hospitalisation ends (in the case of an application for an exemption under section 89C); or
        1. the expiry of 3 months after the day on which the relevant period of illness ends (in the case of an application for an exemption under section 89CA); or
          1. the relevant period of imprisonment ends (in the case of an application for an exemption under section 89D); or
            1. the expiry of 3 months after the day on which the person turns 16 (in the case of an application for an exemption under section 89E); and
            2. specify the person's estimate of his or her weekly and total income for the periods specified on the form; and
              1. in the case of an application for an exemption under section 89CA, include evidence, as reasonably required by the Commissioner, to satisfy the Commissioner that, during the period to which the application relates, the applicant—
                1. has a long-term period of illness; and
                  1. is unable to engage in paid work as a result of the long-term period of illness; and
                  2. include the information that the approved form requires to be included.

                    1. An application for an exemption under—

                    2. section 89C may be made in relation to the whole of the long-term period of hospitalisation or 1 or more parts of that whole period:
                      1. section 89CA may be made in relation to the whole of the long-term period of illness or 1 or more parts of that whole period:
                        1. section 89D may be made in relation to the whole of the long-term period of imprisonment or 1 or more parts of that whole period:
                          1. section 89E may be made in relation to the whole of the period before the person turns 16 or 1 or more parts of that whole period.

                            Notes
                            • Section 89H: inserted, on , by section 17(1) of the Child Support Amendment Act 2006 (2006 No 42).
                            • Section 89H(1)(b)(ia): inserted, on , by section 31(1) of the Child Support Amendment Act 2021 (2021 No 6).
                            • Section 89H(1)(ca): replaced (with effect on 26 October 2021), on , by section 240 of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).
                            • Section 89H(2)(aa): inserted, on , by section 31(3) of the Child Support Amendment Act 2021 (2021 No 6).