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Social Security Act 2018

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

334: Exemptions

You could also call this:

“When MSD can decide your benefit doesn't need to end”

MSD (which is short for the Ministry of Social Development) can sometimes decide that your benefit doesn’t need to expire. This is called an exemption. MSD can do this for you specifically or for a group of people like you. They can only do this in certain situations that are set out in the rules.

When MSD gives an exemption, they have to say when it will end. This could be when something happens, or when a certain situation changes, or at a specific time. They might also set some conditions for the exemption.

If MSD decides to give an exemption, they have to write it down. They also need to give a copy of this written notice to you and anyone else getting the exemption as soon as they can.

The situations where MSD can give exemptions are called ‘prescribed circumstances’. These are specific situations that are written down in the rules. These rules explain when MSD can think about giving an exemption.

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

334Exemptions

  1. MSD may in any prescribed circumstances exempt from expiry under section 332 all or any specified benefits of—

  2. an identified beneficiary; or
    1. all beneficiaries who fall within an identified class or description.

      1. The exemption must be until an identified event or situation or time, and may be on any identified conditions.

      2. MSD’s exemption power is exercisable only by notice in writing copied as soon as practicable to every beneficiary concerned.

      3. In subsection (1), prescribed circumstances means any circumstances that are—

      4. circumstances in which an exemption from expiry may be considered; and
        1. prescribed for the purposes of this section by regulations made under section 441(1).

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