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Social Security Act 2018

Administration - Commencement, stand downs, ending, and expiry and regrant - Restoration of entitlement after suspension, reduction, non-financial sanction, cancellation, or non-entitlement

320: Effect of no longer being subject to work-test or young person obligations

You could also call this:

"What happens to your benefit if you don't have to look for work anymore"

If you are getting a benefit and it has been stopped or reduced, this can change if you are no longer required to look for work or meet certain obligations. You might not have to look for work if you get an exemption under section 158. When the Ministry of Social Development decides this applies to you, your benefit suspension or reduction will end.

If you were not getting a benefit for 13 weeks because you did not meet the requirements, this 13-week period will lapse. If you want to get a main benefit again, you will have to apply for it and show you are eligible. In this case, a benefit includes part of a benefit.

You can stop being required to look for work if you cease to be a work-tested beneficiary or if you cease to be a beneficiary who has to comply with obligations under section 162, 164, 166, or 167. This can happen if you get an exemption from the work test or from these obligations.

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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=DLM6783793.

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321: Effect of no longer being subject to dependent children obligations, or

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Part 6Administration
Commencement, stand downs, ending, and expiry and regrant: Restoration of entitlement after suspension, reduction, non-financial sanction, cancellation, or non-entitlement

320Effect of no longer being subject to work-test or young person obligations

  1. This section applies to a person whose benefit has been suspended, or whose rate of benefit has been reduced (by half or to zero), or who is subject to a non-financial sanction, or who is subject to a 13-week period of non-entitlement to a main benefit, under section 225, 236, 236A, 236B, 237, 270, or 280, if the person—

  2. ceases to be a work-tested beneficiary (other than because of the imposition of that suspension, reduction, non-financial sanction, or 13-week period); or
    1. ceases to be a beneficiary who is required to comply with obligations under section 162, 164, 166, or 167 (other than because of the imposition of that suspension, reduction, non-financial sanction, or 13-week period); or
      1. obtains, under section 158, an exemption from the work test or from obligations under section 162, 164, 166, or 167.

        1. From the date on which MSD decides it is satisfied that this section applies to a person,—

        2. the period of suspension of the benefit or reduction (by half or to zero) of the rate of benefit ends; or
          1. the non-financial sanction ceases to have effect in respect of the person; or
            1. the person is no longer subject to the 13-week period and that period lapses.

              1. If a person to whom subsection (2)(b) applies wishes to again become entitled to a main benefit under this Act, the person must apply for the benefit and establish the person's eligibility to receive it.

              2. In subsection (1), benefit includes part of a benefit.

              Compare
              Notes
              • Section 320(1): amended, on , by section 46(1) of the Social Security Amendment Act 2025 (2025 No 25).
              • Section 320(1): amended, on , by section 46(2) of the Social Security Amendment Act 2025 (2025 No 25).
              • Section 320(1)(a): amended, on , by section 46(4) of the Social Security Amendment Act 2025 (2025 No 25).
              • Section 320(1)(b): amended, on , by section 46(4) of the Social Security Amendment Act 2025 (2025 No 25).
              • Section 320(2)(a): amended, on , by section 46(5) of the Social Security Amendment Act 2025 (2025 No 25).
              • Section 320(2)(aa): inserted, on , by section 46(6) of the Social Security Amendment Act 2025 (2025 No 25).