Plain language law

New Zealand law explained for everyone

Social Security Act 2018

Factors affecting benefits - Factors affecting benefits - Factors affecting benefit: personal benefit excludes benefit on behalf

201: Personal benefit of spouse or partner excludes benefit on behalf of spouse or partner

You could also call this:

“You can't get extra money for your partner if they already get their own benefit”

When you get a benefit, part of it might be for your spouse or partner. However, you can’t get this part of the benefit for your spouse or partner if they are already getting their own personal benefit.

There are some rules about how benefits are paid. These rules can change how this works. The rules are made by the government and can be found in another part of the law.

Remember, this is just a simple explanation of the law. The actual rules might be more complicated, so it’s always best to check with an expert if you need help understanding your benefits.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783532.

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200: Exceptions to rule that veteran’s entitlement excludes any other benefit, or

“When you can get other benefits even if you receive money for being a veteran”

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202: MSD may refuse or cancel benefit for failure to take reasonable steps to obtain maintenance, or

“MSD can stop your money if you don't try to get support payments you're owed”

Part 4 Factors affecting benefits
Factors affecting benefits: Factors affecting benefit: personal benefit excludes benefit on behalf

201Personal benefit of spouse or partner excludes benefit on behalf of spouse or partner

  1. This section applies to a part of a benefit if the part is payable in respect of a person’s (P’s) spouse or partner.

  2. The part must not be paid for a period when a personal benefit is payable in respect of P’s spouse or partner.

  3. This section is subject to regulations made under section 442(2)(e) (regulations: payments: apportionment) for the purposes of section 337 (how benefits are paid).

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