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Social Security Act 2018

Administration - Commencement, stand downs, ending, and expiry and regrant - Commencement of benefits

316: Start and calculation of stand-down period

You could also call this:

“When your benefit payments start and how long you have to wait”

When you become entitled to a benefit, there might be a waiting period before you start receiving it. This waiting period is called a stand-down period. The stand-down period begins on the day you become entitled to the benefit or the day after your job ends, whichever is later. The length of the stand-down period is decided by special rules.

For some types of benefits, if you apply within 28 days of becoming entitled, your benefit will start the day after the stand-down period ends. These benefits include support for sole parents, living support payments, jobseeker support for health reasons or for sole parents, and payments for youth or young parents.

For other types of benefits, your payments will start either the day after the stand-down period ends or the day you apply, whichever is later.

There are special rules for unusual cases, like if you get a late redundancy payment or if you’re a seasonal worker. These rules might change when your benefit starts.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783788.

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315: Exemptions from stand down, and when certain benefits commence, or

“Some benefits can start right away without waiting”

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317: Minister may consent to backdating, or

“Minister can allow benefits to start from an earlier date”

Part 6 Administration
Commencement, stand downs, ending, and expiry and regrant: Commencement of benefits

316Start and calculation of stand-down period

  1. A benefit to which a person has become entitled, and that section 313 or 314 requires to commence on a date calculated under this section, is subject to a stand-down period that—

  2. starts on the later of—
    1. the date on which the person became entitled to the benefit; and
      1. if, before the person applied for the benefit, the person’s employment terminated or the person is given notice of termination of employment, the day after the date on which the person’s employment ceased; and
      2. is calculated under regulations made under section 440.

        1. The benefit commences on the day after the stand-down period ends if the application for the benefit is received within 28 days after the date on which the person becomes entitled to the benefit, and the benefit is—

        2. sole parent support; or
          1. a supported living payment; or
            1. jobseeker support granted on the ground of health condition, injury, or disability; or
              1. jobseeker support granted to a sole parent, or to a person to whom section 30(e) (which relates to having lost the regular support of a spouse or partner who is subject to a sentence of imprisonment, etc) applies; or
                1. jobseeker support granted to a person who has recently lost the financial support of the person’s spouse or partner because of death, the spouses or partners commencing to live apart, or the ending of a de facto relationship; or
                  1. a youth payment; or
                    1. a young parent payment.

                      1. If the benefit is not one specified in subsection (2)(a) to (g), the benefit commences on the later of the following days:

                      2. the day after the stand-down period ends:
                        1. the day on which the application for the benefit is received.

                          1. This section is subject to any regulations made under section 440, and relating to exceptional cases, for example—

                          2. of delayed redundancy and retirement payments; or
                            1. of seasonal workers who are made redundant after a benefit commences.

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                              Notes
                              • Section 316(2)(d): amended, on , by section 8 of the Social Security (Subsequent Child Policy Removal) Amendment Act 2021 (2021 No 38).