Plain language law

New Zealand law explained for everyone

Social Security Act 2018

Administration - Application, inquiry, and grant - Grant

303: After death of applicant

You could also call this:

“What happens if you die while waiting for your benefit application”

If you apply for a benefit and sadly pass away before the Ministry of Social Development (MSD) finishes looking at your application, they can still decide to give you the benefit. They can do this as if you were still alive.

If MSD does give you the benefit after you’ve passed away, they can use special rules about funeral grants. These rules are found in sections 90 to 94 of the law and in some other rules. They can use these as if you were getting the benefit when you died.

There’s also a rule about how to pay benefits when someone dies. This rule is in section 346 of the law. The things we just talked about don’t change how that rule works.

Remember, these rules are there to help your family if something happens to you while you’re waiting to hear about your benefit application.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM6783772.

Topics:
Money and consumer rights > Banking and loans
Government and voting > Government departments
Family and relationships > Children and parenting
Previous

302: Immediate provisional grant, and later backdating of other benefit, or

“Getting temporary help while waiting for the right benefit”

Next

304: Review of entitlement and rate payable, or

“Checking if your benefit amount is correct”

Part 6 Administration
Application, inquiry, and grant: Grant

303After death of applicant

  1. This section applies if an applicant for a benefit dies before MSD completes its inquiry into the claim, made by or on behalf of the applicant, for a benefit.

  2. MSD may grant the benefit as if the applicant had not died.

  3. If MSD under this section grants the benefit as if the applicant had not died, sections 90 to 94 (funeral grants) and regulations made under section 427 apply as if the applicant were receiving the benefit at the time the applicant died.

  4. This section does not limit section 346 (required manner of payment: payment on death of beneficiary).

Compare