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New Zealand law explained for everyone

Social Security Act 2018

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

216: Effect of non-payment or suspension of benefit

You could also call this:

“What happens when your benefit is stopped or not paid”

When your benefit isn’t paid or is stopped, some rules still apply as if it was just paused. These rules are found in sections 230, 245, 246, and 248 of the law.

If you have a partner, there’s a rule that protects them. But this protection only lasts for 28 days after your benefit stops or is paused.

There are two situations where this protection for your partner doesn’t apply:

  1. If you’re not getting a main benefit and your benefit is paused.
  2. If your partner is already getting their own main benefit.

Remember, a main benefit is the main type of financial help you can get from the government.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783575.

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“MSD must quickly tell you in writing if they stop your benefit because of an arrest warrant”

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“No benefits while in prison or waiting for court”

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

216Effect of non-payment or suspension of benefit

  1. The following sections apply to a benefit (as if it had been suspended under section 232) that is not payable under section 209 or is suspended under section 213:

  2. section 230:
    1. section 245:
      1. section 246:
        1. section 248.

          1. However, section 245 (which protects a spouse or partner) ceases to apply under subsection (1)(b) to the benefit at the close of the 28th day after the date on which it becomes not payable or is suspended.

          2. Subsection (1)(b) does not apply if—

          3. the person whose benefit is suspended under section 213 is not receiving a main benefit under this Act; or
            1. the spouse or partner of the person whose benefit is suspended under section 213 is receiving a main benefit under this Act in the spouse’s or partner’s own right.

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