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Social Security Act 2018

Factors affecting benefits - Factors affecting benefits - Factors affecting benefit: hospitalisation

207: Benefit of spouse or partner increased after 13th week of hospitalisation

You could also call this:

“Your partner's benefit may increase if you're in hospital for a long time”

This law is about what happens to your partner’s benefit when you’re in the hospital for a long time. If you get a benefit and you have to stay in the hospital for more than 13 weeks, your benefit might be reduced. But if your partner is not in the hospital or has been there for less than 13 weeks, their benefit might go up.

Your partner’s benefit will increase by the difference between what a single person gets and what someone with a partner usually gets. This increase starts on the same day your benefit is reduced.

The same thing happens if you get New Zealand Superannuation and you’re in the hospital. Your partner’s benefit will go up in a similar way.

Even with these changes, you and your partner won’t get more money than you would normally get if you weren’t in the hospital.

The benefits that can be increased are main benefits, New Zealand Superannuation, and veteran’s pensions.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783547.

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206: Hospitalisation, or

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Part 4 Factors affecting benefits
Factors affecting benefits: Factors affecting benefit: hospitalisation

207Benefit of spouse or partner increased after 13th week of hospitalisation

  1. This section applies if—

  2. a person’s (P’s) main benefit under this Act is reduced under section 206; and
    1. P has a spouse or partner who is not in hospital or has been in hospital for less than 13 weeks; and
      1. a specified benefit is payable to or in respect of P’s spouse or partner.

        1. The specified benefit of P’s spouse or partner must be increased, starting on the date on which P’s main benefit is reduced, by an amount equal to the difference between—

        2. the maximum rate of that specified benefit that is payable to a single person; and
          1. the maximum rate of that specified benefit that is payable to a person who has a spouse or partner and whose spouse or partner is receiving a main benefit of the kind reduced.

            1. See section 19 of the New Zealand Superannuation and Retirement Income Act 2001, under which a spouse’s or partner’s specified benefit is similarly increased when P is the beneficiary of New Zealand superannuation that is payable, as a result of P’s hospitalisation, at a reduced rate.

            2. Nothing in this section entitles a single person or a couple who are in a relationship to be paid a greater amount of benefit, as a result of hospitalisation, than would otherwise have been payable.

            3. In this section, specified benefit means—

            4. a main benefit under this Act; or
              1. New Zealand superannuation; or
                1. a veteran’s pension.

                  Compare
                  Notes
                  • Section 207(1)(c): amended, on , by section 40(1) of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36).
                  • Section 207(2): replaced, on , by section 40(2) of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36).
                  • Section 207(2A): inserted, on , by section 40(2) of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36).
                  • Section 207(4): inserted, on , by section 40(3) of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36).