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Social Security Act 2018

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

355: Restriction on imposing penalty under section 354: prosecution for offence

You could also call this:

“MSD can't make you pay extra if you've already been in trouble with the law for the same thing”

MSD stands for the Ministry of Social Development. They can’t make you pay a penalty under section 354 if you’ve already been taken to court and dealt with for any crime that came from the same situation that would have led to the penalty. This means if you’ve been in trouble with the law for something, MSD can’t also punish you for the same thing by making you pay extra money.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783849.

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354: Recovery of penalty from beneficiary who obtains by fraud amount in excess of entitlement, or

“MSD can make you pay back extra money if you lie to get benefits you shouldn't have”

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356: Restriction on imposing penalty under section 354: notice and period to respond, or

“MSD must tell you about a penalty and give you time to respond before making you pay”

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

355Restriction on imposing penalty under section 354: prosecution for offence

  1. MSD cannot impose a penalty on a person under section 354 if that person has been prosecuted and dealt with for any offence arising out of the same circumstances that gave rise to liability under that section.

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