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Social Security Act 2018

Administration - Commencement, stand downs, ending, and expiry and regrant - Restoration of entitlement after suspension, reduction, 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 no longer have to follow work or youth rules for your benefit”

If your benefit has been suspended, reduced, or you’ve been told you can’t get a main benefit for 13 weeks because of certain rules, this law explains what happens if your situation changes.

Your situation might change if you stop being someone who has to take a work test, or if you’re no longer required to follow certain rules for young people. It could also change if you get permission not to do these things.

When this happens, the government will look at your case. If they agree that your situation has changed, they’ll stop the suspension or reduction of your benefit. Or, if you were told you couldn’t get a benefit for 13 weeks, that rule will no longer apply to you.

If you weren’t able to get a benefit for 13 weeks and now you want to get a main benefit again, you need to apply for it. You’ll have to show that you’re eligible to receive it.

When this law talks about benefits, it means both full benefits and parts of benefits.

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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 6 Administration
Commencement, stand downs, ending, and expiry and regrant: Restoration of entitlement after suspension, reduction, 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 reduced, or who is subject to a 13-week period of non-entitlement to a main benefit, under section 225, 236, 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, 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, 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 or reduction of the benefit ends; 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.

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