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Social Security Act 2018

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

334: Exceptions for specified benefit based on prescribed circumstances

You could also call this:

"Some people on a benefit don't have to stop getting it at the usual time due to special circumstances."

If you get a specified benefit, there are some exceptions that might apply to you. These exceptions happen if certain circumstances apply to you at any time on or after the date when the Ministry of Social Development (MSD) gives you a notice or advises you of certain matters, as required by section 335(1)(a) to (c) or section 335(2) and (3). You can find more information about these matters in the relevant sections.

If these circumstances apply to you, your benefit will not expire under section 332. Your benefit must keep being paid until the date it would normally expire and be regranted. This means you will keep getting your benefit for a bit longer.

This section is more important than sections 325 and 332, but it does not limit any review under section 304. The prescribed circumstances are the circumstances that mean your benefit does not expire, and they are decided by regulations made under section 441(1) or section 441. These circumstances also include any time on or after the expiry date for your benefit, and within any period regulations provide for completing requirements for regrant of your benefit.

In your case, the prescribed circumstances will depend on the specific regulations and the date when MSD gives you a notice or advises you of certain matters, as required by section 335(1)(a) to (c) or section 335(2) and (3). You should look at the relevant sections and regulations to understand how they apply to you. Remember, this section is about exceptions to the normal rules for your 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=DLM6783816.

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

334Exceptions for specified benefit based on prescribed circumstances

  1. This section applies to a specified benefit if 1 or more of the prescribed circumstances apply to the beneficiary at any time or times, or at all times, on or after the date on which—

  2. MSD gives the beneficiary a notice stating the matters set out in section 335(1)(a) to (c), as required by section 335(1); or
    1. MSD takes reasonable steps to advise the beneficiary of those matters, as required by section 335(2) and (3).

      1. In particular, this section applies (without limiting the generality of subsection (1)) to a specified benefit if 1 or more of the prescribed circumstances apply to the beneficiary at any time or times, or at all times,—

      2. on or after the expiry date for that benefit; and
        1. within any period regulations made under section 441 provide for completing requirements for regrant of that benefit.

          1. The specified benefit—

          2. does not expire under section 332; and
            1. must continue to be paid until the date that would be the expiry date for it if it had expired and were reapplied for and was regranted.

              1. This section overrides sections 325 and 332, but does not limit any review under section 304.

              2. In this section, prescribed circumstances means any circumstances that are—

              3. circumstances in which under this section a specified benefit does not expire under section 332; and
                1. prescribed for the purposes of this section by regulations made under section 441(1).

                  Notes
                  • Section 334: replaced, on , by section 51 of the Social Security Amendment Act 2025 (2025 No 25).