Social Security Act 2018

Enforcement: sanctions and offences - Sanctions for breach of obligations other than young person or young parent obligations - Special cases: variations on ordinary sanctions rules

245: Variation for breach of specified obligation by one spouse or partner

You could also call this:

"What happens to your benefit if one spouse or partner breaks the rules"

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If you get a main benefit at a work-test couple rate, this section applies. You must meet certain obligations, and if you do not, your benefit might be reduced or cancelled under sections like 227, 232, and others. This reduction or cancellation only applies to the benefit payable to the person who did not meet their obligations. If your benefit is reduced or cancelled, the other spouse or partner can still get their part of the benefit. Any remaining amount after a reduction is still payable to you. This rule applies when one spouse or partner fails to meet their obligations or when section 227 applies to them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783645.

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246: Variation for breach of specified obligation by both spouses or partners, or

"What happens to your benefit if you and your partner don't follow the rules"

Part 5Enforcement: sanctions and offences
Sanctions for breach of obligations other than young person or young parent obligations: Special cases: variations on ordinary sanctions rules

245Variation for breach of specified obligation by one spouse or partner

  1. This section applies if—

  2. a main benefit is payable at a work-test couple rate; and
    1. the rate of the benefit is reduced (by half or to zero), or the benefit is money managed, suspended, or cancelled, under any 1 or more of sections 227, 232, 233A, 236, 236A, 236C, 236D, 236F, 236G, 236I, and 236J; and
      1. the reduction of the rate of benefit (by half or to zero), or the money management, suspension, or cancellation of the benefit, results from—
        1. the failure of one spouse or partner (P) to comply with 1 or more specified obligations under this Act; or
          1. the application to one spouse or partner (P) of section 227.
          2. For the period that the rate of benefit is reduced (by half or to zero), or the benefit is money managed, suspended, or cancelled, under any 1 or more of sections 227, 232, 233A, 236, 236A, 236C, 236D, 236F, 236G, 236I, and 236J,—

          3. the reduction of the rate of benefit (by half or to zero), or the money management, suspension, or cancellation, applies only to any default amount of main benefit payable to P; and
            1. the other spouse or partner is entitled to receive any default amount of main benefit payable to them.
              1. Any amount remaining after a reduction by half, or money management, is applied under subsection (2)(a) is payable to P.

              Notes
              • Section 245: replaced, on , by section 24(1) of the Social Security Amendment Act 2025 (2025 No 25).
              • Section 245(1)(b): amended, on , by section 24(2) of the Social Security Amendment Act 2025 (2025 No 25).
              • Section 245(2): amended, on , by section 24(2) of the Social Security Amendment Act 2025 (2025 No 25).