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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

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

You could also call this:

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

If you’re a sole parent and your main benefit is suspended or cancelled, or if you’re not given a main benefit for 13 weeks, this law affects you. Here’s what happens:

Your benefit is only reduced by half, not completely stopped. This means you’ll still get some money, but it will be less than usual. The amount you get is based on half of what you would normally receive before any deductions for income.

During this time, you can only get half of your usual benefit. The rules about how much money you can earn before your benefit is reduced still apply, but they’re not as strict. The reduction in your benefit because of your income will happen more slowly than usual.

This law is meant to make sure that sole parents still have some income, even if their benefit is suspended or cancelled.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783648.

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247: Variation for suspension or cancellation of benefit or non-entitlement period affecting couple with 1 or more dependent children, or

“Rules for couples with children when their benefit is suspended or cancelled”

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249: Good and sufficient reason for non-compliance: default by MSD, or

“MSD's mistake can be a valid reason for not following a rule”

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

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

  1. This section applies when the main benefit of a person (P) who is a sole parent is suspended or cancelled under section 227 or 232.

  2. This section also applies when, under sections 225 and 227, a sole parent (P) has not been granted a main benefit and is not entitled for a period of 13 weeks to a work-tested benefit.

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

  4. the suspension or cancellation applies to only half the applicable rate of main benefit before any reduction on account of income; and
    1. P is entitled during the period of suspension, cancellation, or non-entitlement to receive only half of that rate, and the appropriate income test applies to that rate but at half the abatement rate in that income test.

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