Plain language law

New Zealand law explained for everyone

Social Security Act 2018

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

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

You could also call this:

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

You can still get some of your benefit money when you or someone in your family is in prison or waiting for a trial. MSD (which stands for Ministry of Social Development) has some special rules for this.

If you get New Zealand superannuation or a veteran’s pension, MSD might keep paying you for two more paydays after you go to prison.

If someone in your family is in prison or has escaped from prison, MSD might pay some or all of the benefit to their partner or spouse. They might also give the money to someone else to look after the partner or the children of the person in prison.

If you’re waiting for your trial in custody (which means you’re not free to go home), MSD might still pay you some or all of your benefit. They’ll look at how much money you have and what you need before they decide.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM6783583.

Topics:
Money and consumer rights > Banking and loans
Government and voting > Government departments
Family and relationships > Children and parenting
Previous

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

“No benefits while in prison or waiting for court”

Next

219: General rule: benefit not payable while beneficiary absent from New Zealand, or

“You usually can't get benefit payments when you're outside New Zealand”

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

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

  1. MSD may continue payment to a beneficiary of New Zealand superannuation or a veteran’s pension for 2 pay days after the first day of custody in prison.

  2. MSD may pay all or part of a benefit to—

  3. the spouse or partner of a person in custody in prison or of an escapee from that custody; or
    1. any responsible person for the benefit of—
      1. that spouse or partner; or
        1. the dependent child or children of a person in custody in prison or of an escapee from that custody.

        2. MSD may pay all or part of a benefit to a beneficiary in custody on remand after taking into account the beneficiary’s personal financial circumstances.

        Compare