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New Zealand law explained for everyone

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 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 children when their benefit is suspended or cancelled”

If you and your partner receive a main benefit together and you have children, there are special rules about what happens if you don’t follow the rules for getting the benefit. These rules also apply if you’re not allowed to get a benefit for 13 weeks because you didn’t follow the rules.

If both you and your partner break the rules, or if you both can’t get the benefit for a while, your benefit might be reduced, stopped for a time, or cancelled. But because you have children, only half of your benefit will be affected. This means you’ll still get half of your usual benefit to help look after your children.

The amount you get is based on half of what you normally would receive before any deductions for other money you earn. Both you and your partner can get this half-rate benefit, and the rules about how much other money you can earn still apply to this amount.

There might be some special rules about how this money is split between you and your partner. These rules are made by the government to make sure the benefit is paid fairly.

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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 work-test obligation by both partners or spouses, or

“What happens if you and your partner both don't follow work rules while on a benefit”

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

“Changes to benefit payments for sole parents during suspensions or non-entitlement periods”

Part 5 Enforcement: 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 suspension or cancellation of benefit or non-entitlement period affecting couple with 1 or more dependent children

  1. This section applies when—

  2. a main benefit is payable at a work-test couple rate; and
    1. the benefit is reduced, suspended, or cancelled under section 227 or 232; and
      1. the reduction, suspension, or cancellation results from—
        1. the failure of both spouses or partners to comply with 1 or more specified obligations under this Act; or
          1. the application of section 227 to both spouses or partners; and
          2. the couple have 1 or more dependent children.

            1. This section also applies when, under sections 225 and 227, a person with 1 or more dependent children who is in a relationship has not been granted a main benefit and is not entitled for a period of 13 weeks to a work-tested benefit that would be payable at the work-test couple rate.

            2. In a case to which this section applies,—

            3. the reduction, suspension, cancellation, or non-entitlement period applies to only half the applicable rate of main benefit before any reduction on account of income; and
              1. the spouses or partners are entitled to receive half that rate (and the appropriate income test applies to that rate).

                1. Subsection (3)(b) is subject to regulations made under section 442(2)(e) (regulations: payments: apportionment) for the purposes of section 337 (how benefits are paid).

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