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 when benefits are reduced, managed or stopped"

Illustration for Social Security Act 2018

If you are in a couple with one or more dependent children and get a main benefit, some rules apply. Your benefit might be reduced, managed, suspended, or cancelled if you or your partner do not comply with obligations under the Social Security Act. This can happen because of sections like section 227, and it affects how much benefit you get. If a sanction or non-entitlement period applies to you or your partner, it only applies to part of your benefit. If it is a reduction by half or money management, it applies to the whole default amount of your main benefit. If it is a reduction to zero, suspension, or cancellation, it applies to half of the default amount. Any amount left after a sanction or non-entitlement period is applied is still payable to you or your partner.

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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 specified obligation by both spouses or partners, or

"What happens to your benefit if you and your partner don't follow 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 parents if their main benefit is reduced, 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

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, 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
          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, 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
                  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).
                              • Section 247(1)(b)(i): amended, on , by section 24(2) of the Social Security Amendment Act 2025 (2025 No 25).
                              • Section 247(1)(c)(i): amended, on , by section 24(2) of the Social Security Amendment Act 2025 (2025 No 25).