Plain language law

New Zealand law explained for everyone

Social Security Act 2018

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

318: No consent unless benefit not granted earlier because of error

You could also call this:

“You can get a benefit from an earlier date if MSD made a mistake that stopped you from applying”

If you want to get a benefit from an earlier date, the Minister needs to be sure that you couldn’t apply earlier because of a mistake made by MSD. This could be for you specifically or for a group of people like you.

For example, if MSD gave you wrong advice or didn’t give you the information or help you needed, that could be a reason. Maybe you tried to apply before but couldn’t finish because MSD made a mistake.

This rule also applies if you’re a young person and the mistake was made by a company that MSD hired to help young people.

Remember, MSD stands for the Ministry of Social Development. They’re the government department that handles benefits in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783790.

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

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

318No consent unless benefit not granted earlier because of error

  1. The Minister must not give consent under section 317 unless satisfied that,—

  2. in the case of a particular applicant, the particular applicant—
    1. could not reasonably have been expected to apply at the earlier time because of some erroneous action or inaction by MSD; or
      1. at or before the earlier time, tried to apply, or applied incompletely, and did not proceed because of an erroneous action or inaction by MSD; or
      2. in the case of applicants of a stated kind or description,—
        1. applicants of that kind or description could not reasonably have been expected to apply at earlier times because of an erroneous action or inaction by MSD in relation to applicants of that kind or description; or
          1. at earlier times, some applicants of that kind or description tried to apply, or applied incompletely, and did not proceed because of an erroneous action or inaction by MSD.

          2. Examples of erroneous action or inaction, for the purposes of subsection (1), include—

          3. giving wrong advice:
            1. failing or refusing to provide information, help, or some document or form.

              1. In this section, action or inaction by MSD includes action or inaction by a contracted service provider contracted under section 373(1)(a) to provide services in relation to young people.

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