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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 partner doesn't meet their obligations"

If you get a main benefit as a couple, and the benefit is reduced or stopped because one of you did not meet certain obligations, this section applies. The reduction or stoppage of the benefit only applies to the person who did not meet the obligations, and the other person can still get their part of the benefit. You can find more information about these obligations in sections 227, 232, 233A, 236, 236A, 236C, and 236D.

If the benefit is reduced by half, the reduced amount is still paid to the person who did not meet the obligations. The other person in the couple gets their full share of the benefit.

Any remaining amount after the reduction is applied is still paid to the person who did not meet the obligations.

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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

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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, and 236D; 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, and 236D,—

          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).