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Social Security Act 2018

Factors affecting benefits - Factors affecting benefits - Factors affecting benefit: person not ordinarily resident in New Zealand

204: MSD may refuse or cancel benefit if person not ordinarily resident in New Zealand

You could also call this:

“MSD can stop or reduce benefits if you don't usually live in New Zealand”

The Ministry of Social Development (MSD) can say no to giving you a benefit, stop or reduce a benefit you’re already getting, or give you less money if they think you, your partner, or someone the benefit is for doesn’t usually live in New Zealand.

This rule doesn’t apply to some types of benefits. These include New Zealand Superannuation being paid to people living overseas, New Zealand Superannuation for people living in certain Pacific countries, veteran’s pensions being paid overseas, veteran’s pensions for people living in certain Pacific countries, and benefits paid under agreements with other countries.

If you’re getting one of these special types of benefits, the MSD can’t stop or reduce your payments just because you don’t live in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783540.

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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”

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Part 4 Factors affecting benefits
Factors affecting benefits: Factors affecting benefit: person not ordinarily resident in New Zealand

204MSD may refuse or cancel benefit if person not ordinarily resident in New Zealand

  1. MSD may refuse to grant a benefit, cancel or reduce a benefit already granted, or grant a benefit at a reduced rate, if MSD is satisfied that the applicant, or the spouse or partner of the applicant or any person in respect of whom the benefit or any part of the benefit is or would be payable, is not ordinarily resident in New Zealand.

  2. This section does not apply to—

  3. New Zealand superannuation being paid overseas under section 26 of the New Zealand Superannuation and Retirement Income Act 2001 (see section 29(4A) of that Act); or
    1. New Zealand superannuation payable to a person resident in a specified Pacific country under section 31 of the New Zealand Superannuation and Retirement Income Act 2001 (see section 35(2) of that Act); or
      1. a veteran’s pension being paid overseas under section 182 of the Veterans’ Support Act 2014 (see section 189(3) of that Act); or
        1. a veteran’s pension payable to a person resident in a specified Pacific country under section 191 of the Veterans’ Support Act 2014 (see section 195(2) of that Act):
          1. a benefit payable under any reciprocity agreement with another country adopted by an order made under section 380.

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