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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

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

You could also call this:

"Rules for couples with kids if one partner's benefit is reduced, managed, suspended, or cancelled"

If you are getting a main benefit with your partner and you have one or more dependent children, some rules apply. You and your partner must be getting the benefit at a work-test couple rate. Either you or your partner may have your benefit reduced, managed, suspended, or cancelled because you did not comply with obligations under the Social Security Act, or because of the application of section 227.

If this happens to you or your partner, the reduction or sanction will only apply to part of your benefit. If the sanction is a reduction by half or money management, it will only apply to the part of the benefit that is for you or your partner. If the sanction is a reduction to zero, suspension, or cancellation, it will only apply to half of the part of the benefit that is for you or your partner.

Any amount left over after the sanction is applied will still be paid to you or your partner.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783647.

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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 both break the rules"

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248: Variation for reduction to zero of rate of main benefit, or suspension or cancellation of main benefit, or non-entitlement period, affecting sole parent, or

"What happens to sole parent benefits if they're reduced, stopped, 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

247Variation 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

  1. This section applies if—

  2. a main benefit is payable at a work-test couple rate; and
    1. either—
      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; or
          2. under sections 225 and 227, one spouse or partner (P)—
            1. has not been granted a main benefit; and
              1. is not entitled for a period of 13 weeks (non-entitlement period A) to a work-tested benefit that would be payable at the work-test couple rate; and
            2. either—
              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 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; or
                  2. under sections 225 and 227, the other spouse or partner—
                    1. has not been granted a main benefit; and
                      1. is not entitled for a period of 13 weeks (non-entitlement period B) to a work-tested benefit that would be payable at the work-test couple rate; and
                    2. the couple have 1 or more dependent children.

                      1. For the period that sanction A or non-entitlement period A, and sanction B or non-entitlement period B, applies,—

                      2. sanction A or non-entitlement period A applies,—
                        1. if it is a reduction by half or money management, only to any default amount of main benefit payable to P; or
                          1. if it is a reduction to zero, a suspension, or cancellation, or a non-entitlement period, only to half of any default amount of main benefit payable to P; and
                          2. sanction B or non-entitlement period B applies,—
                            1. if it is a reduction by half or money management, only to any default amount of main benefit payable to the other spouse or partner; or
                              1. if it is a reduction to zero, a suspension, or cancellation, or a non-entitlement period, only to half of any default amount of main benefit payable to the other spouse or partner.

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

                              Notes
                              • Section 247: replaced, on , by section 24(1) of the Social Security Amendment Act 2025 (2025 No 25).