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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

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 both break the rules"

This section is about what happens when both you and your partner get a main benefit and you both break rules. If you both break rules, like not doing what you are supposed to do, your benefit might be reduced or stopped. This is called a sanction.

When both you and your partner have a sanction, it only applies to your own part of the benefit. If there is any money left after the sanction, you will still get that money. You and your partner must be getting a benefit as a couple and have no children depending on you.

If one of you breaks a rule, or a certain section like section 227 applies to you, your benefit might be reduced or stopped. The same thing can happen to your partner if they break a rule or if a certain section applies to them. This means you both have sanctions, but they only apply to your own part of the benefit.

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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.

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

"What happens to your benefit if one partner doesn't meet their obligations"

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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 if one partner's benefit is reduced, managed, suspended, or cancelled"

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

  1. This section applies if—

  2. a main benefit is payable at a work-test couple rate; and
    1. the benefit or the rate of the benefit is, under any 1 or more of sections 227, 232, 233A, 236, 236A, 236C, and 236D, 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
        1. the application to one spouse or partner (P) of section 227; and
        2. the benefit or the rate of the benefit is, under any 1 or more of sections 227, 232, 233A, 236, 236A, 236C, and 236D, 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
            1. the application to the other spouse or partner of section 227; and
            2. the couple have no dependent children.

              1. For the period that sanction A and sanction B both apply,—

              2. sanction A applies only to any default amount of main benefit payable to P; and
                1. sanction B applies only to any default amount of main benefit payable to the other spouse or partner.

                  1. 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 , by section 24(1) of the Social Security Amendment Act 2025 (2025 No 25).