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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 when you don't have to meet work or youth rules for your benefit"

Illustration for Social Security Act 2018

If you are no longer subject to a work-test or young person obligations, this section applies to you. You might have had your benefit suspended, reduced, or been given a non-financial sanction under sections like section 225, 236, or 237. This can happen if you stop being a work-tested beneficiary or if you get an exemption from the work test. If the Ministry of Social Development decides this section applies to you, your benefit suspension or reduction will end. You will no longer have a non-financial sanction, or you will not have to wait 13 weeks to get a main benefit. If you want to get a main benefit again after the 13-week period, you must apply for it and show you are eligible. In this section, a benefit includes part of a benefit.

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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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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, 236E, 236H, 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(3) of the Social Security Amendment Act 2025 (2025 No 25).
              • 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).