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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 - Procedure for imposing sanction

252: MSD must give notice of sanction

You could also call this:

“MSD must tell you in writing before they change your benefit”

When the Ministry of Social Development (MSD) wants to reduce, suspend, or cancel your benefit, they must first give you a written notice. This notice is called a section 252 notice. The notice will tell you that you haven’t followed a rule under the Social Security Act. It will explain what rule you didn’t follow and how MSD plans to change your benefit because of this. The notice will say when the change to your benefit will start and, if it’s being reduced or suspended, how long it will last. You have 5 working days after getting the notice to disagree with MSD’s decision. The notice will tell you to contact MSD if you want to talk about or disagree with their decision. It will also explain that you have the right to ask for a review of the decision and how to do that.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783658.

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251: Good and sufficient reason for failure to supervise dependent child, or

"When it's okay to stay with your child instead of doing other things you're supposed to do"

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253: Notice relates to single failure, or

"One notice covers one mistake, even if it mentions many"

Part 5 Enforcement: sanctions and offences
Sanctions for breach of obligations other than young person or young parent obligations: Procedure for imposing sanction

252MSD must give notice of sanction

  1. MSD must not under section 232 reduce, suspend, or cancel a benefit payable to a person (P) unless MSD has first given P a written notice for the purposes of this section (a section 252 notice) that complies with subsection (2).

  2. The notice must—

  3. state that P has failed to comply with a specified obligation under this Act; and
    1. specify the nature of P’s failure to comply; and
      1. state that, on the basis of P’s failure, MSD is reducing, suspending, or cancelling P’s benefit; and
        1. specify the date on which the reduction, suspension, or cancellation is to take effect; and
          1. in the case of a reduction or suspension, state the nature and duration of the reduction or suspension; and
            1. state that P has 5 working days from the giving of the notice to dispute the reduction, suspension, or cancellation; and
              1. advise P to contact MSD if P wants to dispute or discuss the decision to reduce, suspend, or cancel the benefit; and
                1. contain a clear statement of P's right, under section 391, to apply for a review of the decision, and of the procedure for applying for a review.

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