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New Zealand law explained for everyone

Social Security Act 2018

Factors affecting benefits - Factors affecting benefits - Factors affecting benefit: voluntary unemployment or loss of employment through misconduct, etc

227: What happens if basic rule applies

You could also call this:

“Basic rule cancels your benefit for 13 weeks, with some exceptions”

If the basic rule applies to you, here’s what happens:

MSD (Ministry of Social Development) will cancel your benefit if it has already been given to you. They won’t give you the benefit if you haven’t received it yet. You won’t be able to get the cancelled benefit or any work-tested benefit for 13 weeks.

However, MSD can decide not to do these things. They can choose to ignore these rules if they want to, as explained in section 228.

There are some exceptions to these rules. You can find these exceptions in sections 246 to 248, 320, 323, and 324 of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783597.

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226: Persons to whom basic rule applies, or

“Who needs to follow the basic work rule when getting benefits”

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Part 4 Factors affecting benefits
Factors affecting benefits: Factors affecting benefit: voluntary unemployment or loss of employment through misconduct, etc

227What happens if basic rule applies

  1. If the basic rule applies to a person (P),—

  2. MSD must cancel the benefit (if granted); and
    1. must not grant P the benefit in any other case; and
      1. P is not entitled, during the 13-week period, to the cancelled benefit or a work-tested benefit.

        1. However, under section 228, MSD may decide not to apply subsection (1).

        2. Subsection (1) is subject to sections 246 to 248, 320, 323, and 324.

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