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Social Security Act 2018

Factors affecting benefits - Factors affecting benefits - Factors affecting benefit: custody in prison or on remand

217: Benefit not payable during custody in prison or on remand

You could also call this:

“No benefits while in prison or waiting for court”

You can’t get a benefit if you are in prison, on remand, or have escaped from prison. This means if you’re serving a sentence, waiting for your court appearance, or have run away from prison, you won’t receive any benefit payments during that time.

When the law talks about being in prison, it means you’re there because of a sentence or to stop you from committing more crimes. Being on remand means you’re waiting in custody for your next court appearance.

The government can also count time you spend in a hospital while in custody as if you were still in prison or on remand. If you’re let out of prison for a day or less for a reason allowed by the Corrections Act 2004, you’re still considered to be in custody.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783577.

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216: Effect of non-payment or suspension of benefit, or

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

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218: Exceptions to rule that benefit not payable during custody in prison or on remand, or

“When you can still get some benefit money if you or a family member is in prison”

Part 4 Factors affecting benefits
Factors affecting benefits: Factors affecting benefit: custody in prison or on remand

217Benefit not payable during custody in prison or on remand

  1. A benefit is not payable to a person (P) for any period during which P is—

  2. in custody in prison; or
    1. in custody on remand; or
      1. an escapee from custody in prison.

        1. In this section and section 218,—

          custody in prison means custody in prison under a sentence of imprisonment or preventive detention

            custody on remand means custody on remand by a court pending a further appearance before a court.

            1. For the purposes of this section,—

            2. MSD may regard as time spent in custody in prison or custody on remand time spent by a beneficiary in a hospital during a period of custody; and
              1. a person does not cease to be in custody by being released for a period of 24 hours or less for a purpose authorised by the Corrections Act 2004.

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