Social Security Act 2018

Obligations - MSD’s obligations - Steps to explain overseas absence rules

107: MSD must explain rules relating to absence from New Zealand

You could also call this:

“MSD must tell you how leaving New Zealand affects your benefit”

The Ministry of Social Development (MSD) needs to explain to you about the rules for leaving New Zealand if you get a benefit. They need to tell you about these rules if you get a benefit or if they think you might get one soon.

The MSD has to tell you about two main things. First, they need to explain the general rule that you can’t get your benefit while you’re out of New Zealand. This rule is in section 219 of the law. Second, they need to tell you about any exceptions to this rule. These exceptions are written in special regulations.

The MSD also has to explain how these rules might affect your benefit payments. They need to make sure you understand what happens to your benefit if you leave New Zealand.

The MSD has to try their best to explain these rules in a way that’s easy for you to understand. They want to make sure you know what will happen to your benefit if you travel overseas.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783325.

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108: MSD must assist in relation to obtaining overseas pension, etc, or

“MSD helps you with overseas pensions”

Part 3 Obligations
MSD’s obligations: Steps to explain overseas absence rules

107MSD must explain rules relating to absence from New Zealand

  1. MSD must take reasonable and appropriate steps to explain, to every person who is, or appears to MSD to be likely to be, affected by them,—

  2. the rules about absence from New Zealand contained in the following provisions:
    1. section 219 (general rule: benefit not payable while beneficiary absent from New Zealand):
      1. regulations made under section 436 (regulations that contain exceptions, and other contrary or related provisions); and
      2. how those rules do or may affect payment of benefits.
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