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New Zealand law explained for everyone

Social Security Act 2018

Administration - Review of entitlement to, or rate of, benefit granted

307: Benefit on another eligibility ground more appropriate

You could also call this:

“Checking if you can get a better type of benefit”

If you’re receiving a benefit, sometimes the government might check to see if you’re getting the right type of benefit. This is called a review.

During a review, the government might find out that you were given a benefit for one reason, but you actually qualify for it for a different reason. If this happens, they can change your benefit.

The government can cancel your current benefit and then give you the same benefit again, but for the new reason they found. This new benefit would start from the day they cancelled your old one.

This helps make sure you’re getting the right kind of support for your situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783777.

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306: No entitlement, or entitlement only at different rate, or

“Your benefit might change or stop if MSD finds you shouldn't have gotten it”

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308: Another benefit more appropriate, or

“MSD can change your benefit if they think a different one suits you better”

Part 6 Administration
Review of entitlement to, or rate of, benefit granted

307Benefit on another eligibility ground more appropriate

  1. This section applies if MSD is satisfied because of the review that the beneficiary—

  2. was granted the benefit on a stated eligibility ground for that benefit; and
    1. is more appropriately entitled to receive that benefit on another eligibility ground for that benefit.

      1. MSD may cancel the benefit as granted on the stated eligibility ground, and grant the beneficiary that benefit on the other eligibility ground commencing from the date of cancellation.

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