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Social Security Act 2018

Factors affecting benefits - Factors affecting benefits - Factors affecting benefit: issue of warrant for beneficiary’s arrest

209: Benefit not payable to person who is subject to warrant of arrest

You could also call this:

“You might not get your benefit if the police are looking for you”

If you receive a benefit, New Zealand superannuation, or a veteran’s pension, you might not get paid if there’s a warrant for your arrest. This happens when:

You have been charged with a crime in a New Zealand court.

A New Zealand court has issued a warrant for your arrest because of this charge.

The warrant hasn’t been sorted out after at least 28 days.

Before stopping your payments, the Ministry of Social Development (MSD) must follow certain steps. They will tell you about the warrant and give you a chance to respond. They will look at what you say before they decide to stop your payments.

If your payments are stopped, you won’t get them again until MSD knows that either you’re not the person named in the warrant, or the warrant has been dealt with.

Even if this process is happening, MSD can still stop your payments right away if they need to, based on rules in section 213.

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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=DLM6783555.

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“Rules for people getting benefits while in addiction treatment”

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“What 'beneficiary' and 'offence' mean in section 209”

Part 4 Factors affecting benefits
Factors affecting benefits: Factors affecting benefit: issue of warrant for beneficiary’s arrest

209Benefit not payable to person who is subject to warrant of arrest

  1. A benefit is not payable to a person (P) if MSD is satisfied that—

  2. P is a beneficiary who receives a main benefit under this Act, New Zealand superannuation, or a veteran’s pension; and
    1. criminal proceedings have been commenced against P in a New Zealand court for an offence; and
      1. a warrant has been issued by a New Zealand court (or judge or registrar of a New Zealand court) for P’s arrest in connection with those proceedings; and
        1. the warrant has not been resolved and at least 28 days have elapsed since the date on which the warrant was issued.

          1. However, MSD must not stop under this section payment of P’s benefit unless MSD has first—

          2. followed the procedure set out in sections 211 and 212; and
            1. considered P’s response, if any, to the unresolved warrant notice given under section 211.

              1. A benefit the payment of which is stopped under this section remains not payable until MSD is satisfied that P is not the subject of the warrant or that the warrant has been resolved.

              2. Nothing in this section affects the power of MSD to suspend immediately the benefit of a person under section 213.

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