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

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

You could also call this:

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

Illustration for Social Security Act 2018

If you get a main benefit at a work-test couple rate, this section applies to you. You and your spouse or partner must both follow the rules, or your benefit might be reduced or stopped. This is called a sanction. If you both break the rules, the sanctions apply to each of your shares of the benefit. The rest of the benefit is still paid to you. If one of you breaks the rules, the sanction only applies to that person's share of the benefit. The other person still gets their share of the benefit, as long as they follow the rules and you have no dependent children.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783646.

This page was last updated on 24 December 2025 — View changes

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Money and consumer rights > Benefits and financial assistanceFamily and relationships > Marriage and partnershipsWork and jobs > Worker rights

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

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

247: Variation for reduction of rate of benefit (by half or to zero), or money management, suspension, or cancellation of benefit, or non-entitlement period, affecting couple with 1 or more dependent children, or

"Rules for couples with kids when benefits are reduced, managed or stopped"

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

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

This section applies if—
a main benefit is payable at a work-test couple rate; and
the benefit or the rate of the benefit is, under any 1 or more of sections 227, 232, 233A, 236, 236A, 236C, 236D, 236F, 236G, 236I, and 236J, subject to a reduction (by half or to zero), money management, a suspension, or cancellation (sanction A) because of—
1. the failure of one spouse or partner (P) to comply with 1 or more specified obligations under this Act; or
2. the application to one spouse or partner (P) of section 227; and
the benefit or the rate of the benefit is, under any 1 or more of sections 227, 232, 233A, 236, 236A, 236C, 236D, 236F, 236G, 236I, and 236J, subject to a reduction (by half or to zero), money management, a suspension, or cancellation (sanction B) because of—
1. the failure of the other spouse or partner to comply with 1 or more specified obligations under this Act; or
2. the application to the other spouse or partner of section 227; and
the couple have no dependent children.

For the period that sanction A and sanction B both apply,—
sanction A applies only to any default amount of main benefit payable to P; and
sanction B applies only to any default amount of main benefit payable to the other spouse or partner.

Any amount remaining after a sanction is applied under subsection (2)(a) or (b) is payable to the spouse or partner referred to in that paragraph.

Notes

Section 246: replaced, on 26 May 2025, by section 24(1) of the Social Security Amendment Act 2025 (2025 No 25).
Section 246(1)(b): amended, on 20 October 2025, by section 24(2) of the Social Security Amendment Act 2025 (2025 No 25).
Section 246(1)(c): amended, on 20 October 2025, by section 24(2) of the Social Security Amendment Act 2025 (2025 No 25).