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Social Security Act 2018

Administration - Payment of benefits, tax on benefits, debts and deductions - Payment of benefits

347: Advance payment of instalments of benefit

You could also call this:

"Getting some of your benefit money early from the government"

If you get a benefit, MSD might pay you some of it early. This can happen if you get a main benefit, an orphan's benefit, an unsupported child's benefit, New Zealand superannuation, or a veteran's pension. MSD must think you need the money now and you have to ask for it.

You need to ask for the early payment in a certain way, which is explained in regulations made under section 446. If you get an early payment, you might have to do a budgeting activity, as explained in section 348.

If MSD pays you some of your benefit early, you will owe that money back to the government. The government can get this money back from you, as explained in regulations made under section 444.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783833.

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348: Requirement for beneficiary, spouse or partner, or both, to undertake budgeting activity, or

"Getting a benefit early means you must do a budget plan with the Ministry of Social Development."

Part 6Administration
Payment of benefits, tax on benefits, debts and deductions: Payment of benefits

347Advance payment of instalments of benefit

  1. MSD may make an advance payment of all or part of 1 or more instalments of a benefit (and that are instalments that are not yet due) if, and only if,—

  2. the benefit is a main benefit, an orphan’s benefit, an unsupported child’s benefit, New Zealand superannuation, or a veteran’s pension; and
    1. MSD is satisfied that an advance payment of the benefit would best meet the beneficiary’s immediate needs; and
      1. the beneficiary has applied for an advance payment of the benefit.

        1. The beneficiary’s application must be made in a manner and form specified in regulations made under section 446, and makes the beneficiary subject to section 348 (requirement for beneficiary, spouse or partner, or both, to undertake budgeting activity).

        2. The amount so paid in advance 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 beneficiary.

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