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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 - Exemption for hospital patients and persons suffering from long-term periods of illness

89CA: Exemption for persons suffering from long-term periods of illness

You could also call this:

“You might not have to pay child support if you're too sick to work for a long time”

You can be excused from paying child support if you are ill for a long time and cannot work. This applies if you have no income or only a small amount from investments during your illness. The money you get from investments must be less than a certain amount each week and each year. You need to apply for this exemption. Any money you received before you became ill doesn’t count as income during your illness. There are some other rules that might affect this exemption.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS580811.

Topics:
Family and relationships > Children and parenting
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89C: Exemption for long-term hospital patients, or

"You might not have to pay child support if you're in hospital for a long time"

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89D: Exemption for long-term prisoners, or

"You might not have to pay child support if you're in prison for a long time"

Part 5A Exemptions
Exemptions for hospital patients, persons suffering from long-term periods of illness, prisoners, and persons under 16 years: Exemption for hospital patients and persons suffering from long-term periods of illness

89CAExemption for persons suffering from long-term periods of illness

  1. A liable person is eligible for an exemption from the payment of financial support for the whole, or a part, of a long-term period of illness of that person if—

  2. the person’s income for that whole period, or that part, will be, or was, nil or will be, or was, calculated only from income consisting solely of income from investments; and
    1. the person’s income from investments (if any) during that whole period, or that part, did not, or will not,—
      1. exceed an average amount per week in that whole period, or that part, that is equal to the relevant minimum annual rate of financial support, divided by 52; and
        1. if that whole period, or that part, is 1 or more full child support years in duration, exceed, in a child support year in that whole period, or that part, the relevant minimum annual rate of financial support; and
        2. the long-term period of illness results in the person being unable to engage in paid work; and
          1. the person applies for the exemption in accordance with section 89H.

            1. For the purposes of subsection (1)(a), a liable person’s income during a long-term period of illness does not include any amounts received by the person during that period for, or in respect of, any time up to and including the day on which the long-term period of illness began.

            2. This section is subject to sections 89F and 89G.

            Notes
            • Section 89CA: inserted, on , by section 27 of the Child Support Amendment Act 2021 (2021 No 6).