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Social Security Act 2018

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

358: Recovery from spouse or partner who misleads MSD of excess amount beneficiary obtained

You could also call this:

"Paying back extra benefit money if your partner gives false information to MSD"

Illustration for Social Security Act 2018

If you are the spouse or partner of a beneficiary and you make a false statement to the Ministry of Social Development (MSD), you can be held responsible. This happens when the false statement leads to the beneficiary getting more money than they should. The extra money paid is considered a debt to the government. You can be asked to pay back this debt under section 362. You are jointly and severally liable, which means you can be held fully responsible for paying back the debt.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783852.

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359: Recovery from spouse or partner of apportioned excess amount beneficiary obtained by fraud, or

"Getting money back when your partner cheats on benefit payments"

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

358Recovery from spouse or partner who misleads MSD of excess amount beneficiary obtained

  1. This section applies to a beneficiary’s (B’s) spouse or partner (S) if, in MSD’s opinion,—

  2. S makes a false statement to, or otherwise misleads, MSD in the administration of this Act, in relation to any matter; and
    1. the benefit or an instalment of benefit is, as a result of the statement or misleading, paid in excess of the amount to which B is by law entitled.

      1. The amount so paid in excess is a debt due to the Crown, and subject to recovery under section 362, from S.

      2. The excess amount may be recovered under this section from S on the basis that S is jointly and severally liable.

      3. This section therefore does not limit or affect—

      4. recovery under section 362 from B of the excess amount recoverable under this section and section 362 from S:
        1. any other civil or criminal liability of B, under any other laws, in respect of that excess amount.

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