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Social Security Act 2018

Factors affecting benefits - Factors affecting benefits - Factors affecting benefit: family protection claim

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

You could also call this:

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

If you are getting a benefit or have applied for one, the Ministry of Social Development (MSD) can check if you have a good reason to claim money from a relative who has died. This is called a family protection claim. If MSD thinks you have a good reason to make this claim but you haven’t tried hard enough to get the money, they can do a few things:

They might not give you the benefit you asked for. Or they might give you less money than usual. If you’re already getting a benefit, they might stop it completely.

MSD can also get involved in your court case if you’re trying to get money from your relative’s estate. They can talk to the court and try to help you get the money you should receive.

Remember, this only happens if MSD thinks you have a good claim under the Family Protection Act 1955 but haven’t done enough to get the money you deserve.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783537.

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Part 4 Factors affecting benefits
Factors affecting benefits: Factors affecting benefit: family protection claim

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

  1. This section applies if a person (P) who is a beneficiary or an applicant for a benefit, in MSD’s view,—

  2. has a tenable claim under the Family Protection Act 1955 for a share of or provision out of the estate of a deceased relative; and
    1. has failed to take reasonable steps to advance that claim, including bringing or participating in court proceedings to enforce P’s claim.

      1. MSD may refuse to grant the benefit, grant it at a reduced rate, or cancel a benefit already granted.

      2. MSD may intervene in court proceedings for enforcing P’s claim under the Family Protection Act 1955 and may give evidence or make submissions in support of P’s claim.

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