Social Security Act 2018

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

326: After death of beneficiary receiving specified benefit

You could also call this:

“What happens to certain benefits when the person receiving them dies”

If you receive certain benefits and pass away, here’s what happens:

The benefits that this applies to are New Zealand superannuation, veteran’s pension, sole parent support, supported living payment, jobseeker support, youth payment, young parent payment, or an emergency benefit related to these.

If you leave behind a spouse, partner, or child who isn’t entitled to a lump sum payment under specific accident compensation laws, your benefit will continue for 28 days after you die. This gives your family some time to adjust.

In all other situations, the benefit will end on a date chosen by MSD (Ministry of Social Development). This date won’t be more than 28 days after you die.

The specific accident compensation laws mentioned are section 56 of the Accident Rehabilitation and Compensation Insurance Act 1992, section 444 of the Accident Insurance Act 1998, or section 382 of the Accident Compensation Act 2001.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783803.

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327: Benefits payable to sole parent who stops caring for dependent child due to sudden and uncontrollable circumstances, or

“Sole parents can keep getting benefits for 28 days if they suddenly can't care for their child”

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

326After death of beneficiary receiving specified benefit

  1. This section applies to a person who, when the person died, was receiving one of the following benefits:

  2. New Zealand superannuation:
    1. a veteran’s pension:
      1. sole parent support:
        1. a supported living payment:
          1. jobseeker support:
            1. a youth payment:
              1. a young parent payment:
                1. an emergency benefit related to a benefit specified in any of paragraphs (a) to (g).
                  1. The benefit ends on the 28th day after the date of the death if the person leaves a spouse or partner, or a child, not entitled to a lump sum payment under—

                  2. section 56 of the Accident Rehabilitation and Compensation Insurance Act 1992; or
                    1. section 444 of the Accident Insurance Act 1998; or
                      1. section 382 of the Accident Compensation Act 2001.
                        1. In every other case, the benefit ends on a date set by MSD and that is not later than 28 days after the date of the death.

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