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New Zealand law explained for everyone

Social Security Act 2018

Factors affecting benefits - Factors affecting benefits - Factors affecting benefit: absence from New Zealand

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

You could also call this:

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

If you leave New Zealand, you usually can’t get your benefit payments. This means that when you are outside of the country, you won’t receive your benefit money.

However, there are some exceptions to this rule. You can still get certain payments even when you’re not in New Zealand. These include:

  • The winter energy payment
  • Some types of New Zealand Superannuation and retirement income
  • Some types of support for veterans
  • Benefits that are part of agreements between New Zealand and other countries

There might also be other exceptions to this rule. These would be written in separate regulations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783585.

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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"

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220: Special absence rule: winter energy payment, or

"Special rule lets you get winter energy payment while away from NZ for up to 28 days"

Part 4 Factors affecting benefits
Factors affecting benefits: Factors affecting benefit: absence from New Zealand

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

  1. For any period during which a person is absent from New Zealand, a benefit is not payable to that person.

  2. However, this section does not apply to a benefit payable under—

  3. subpart 11 of Part 2 (winter energy payment); or
    1. sections 21 to 35 of the New Zealand Superannuation and Retirement Income Act 2001; or
      1. sections 176 to 196 of the Veterans' Support Act 2014; or
        1. any reciprocity agreement with another country adopted by an order made under section 380.

          1. This section is also subject to the exceptions, or other contrary or related provisions, contained in regulations made under section 436.

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