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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

324: Effect of participation in certain activities on non-entitlement period

You could also call this:

“How doing certain activities can shorten the waiting time for benefits”

If you can’t get certain benefits for 13 weeks, you might be able to do some activities to end this period early. These activities could be things like training, voluntary work, or part-time work if you’re a part-time worker. The government has to approve these activities.

If you do these activities well for 6 weeks in a row, you won’t have to wait for the rest of the 13 weeks. But if you want to get benefits again, you’ll need to apply and show that you’re eligible.

While you’re doing these activities, you can ask for benefits and the government might give them to you. But there’s a catch - if you don’t finish the 6 weeks of activities (or keep doing them until the end of the 13 weeks if that’s shorter), you’ll have to pay back all the money you got.

You won’t have to pay the money back if you stop because you’re no longer required to work or do certain activities, or if you get permission not to do these things.

If you finish the activities or the 13 weeks end, and you’re still eligible for benefits, you won’t have to worry about paying the money back anymore.

If you do end up owing money because of this, it’s a debt you owe to the government and they can collect it from you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783799.

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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

324Effect of participation in certain activities on non-entitlement period

  1. This section applies to a person who is subject to a 13-week period of non-entitlement under section 225, 238, 271, or 282, and is participating in 1 or more approved activities, which are any of the following approved by MSD for the purpose:

  2. activities of the kind referred to in section 146(1)(d):
    1. recognised voluntary work (as defined in Schedule 2):
      1. part-time work (in the case of a part-time work-tested beneficiary).

        1. If a person to whom this section applies participates satisfactorily in the approved activity or activities for a continuous period of 6 weeks,—

        2. the remainder of the period of non-entitlement lapses; and
          1. if the person 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 for it.

            1. Despite subsection (2)(b), if the person applies for a main benefit under this Act, MSD must grant the person a main benefit under this Act during the person's satisfactory participation in the approved activity or activities.

            2. Payment of a benefit granted under subsection (3) is subject to the condition that the person is liable to repay the whole of any amount paid during the non-entitlement period if the person fails—

            3. to complete a continuous period of 6 weeks of satisfactory participation in an approved activity or activities; or
              1. (if the period remaining until the end of the non-entitlement period is less than 6 weeks) to continue satisfactory participation until the end of the non-entitlement period.

                1. No obligation to repay under subsection (4) arises if the reason for the person's failure is that the person—

                2. ceases to be a work-tested beneficiary or a beneficiary who is required to comply with obligations under section 162, 164, 166, or 167; or
                  1. obtains, under section 158, an exemption from the work test or from obligations under section 162, 164, 166, or 167.

                    1. If the person is still entitled to the benefit at the end of the period of satisfactory participation or non-entitlement (as the case may be), payment of the benefit is no longer subject to the condition in subsection (4).

                    2. Any amount the person is liable to repay under this section is a debt due to the Crown under regulations made under section 444, and subject to recovery under regulations made under section 444, from the person.

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