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Social Security Act 2018

Factors affecting benefits - Factors affecting benefits - Factors affecting benefit: maintenance claim

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

You could also call this:

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

If you don’t take reasonable steps to get maintenance money that you might be entitled to, or if you give up your rights to this money, the Ministry of Social Development (MSD) can take action. This applies to maintenance you might be able to get under the Family Proceedings Act 1980 or any other law.

If MSD thinks you haven’t tried hard enough to get this money, or if you’ve given up your right to it, they can do a few things. They might refuse to give you a benefit, or if you’re already getting one, they could stop it or give you less money. They might also decide to give you a benefit, but at a lower amount than usual.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783535.

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

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

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203: MSD may refuse or cancel benefit if family protection claim not pursued, or

“MSD can stop your benefit if you don't try to get money from a dead relative's estate”

Part 4 Factors affecting benefits
Factors affecting benefits: Factors affecting benefit: maintenance claim

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

  1. This section applies if MSD is satisfied an applicant has failed to take reasonable steps to obtain, or has foregone rights to, maintenance the applicant may be entitled to in respect of the applicant under the Family Proceedings Act 1980 or any other Act.

  2. MSD may refuse to grant a benefit, cancel or reduce a benefit already granted, or grant a benefit at a reduced rate.

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