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New Zealand law explained for everyone

Social Security Act 2018

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

360: Obtaining amount by fraud: meaning and proof

You could also call this:

“What fraud means and how it's proven when getting money wrongly”

You can get money by fraud in a few ways. This is important for certain parts of the law. You might get money by fraud if you do one of these things:

You tell MSD something that isn’t true, and you know it isn’t true. MSD is the government department that helps people with money and support.

You do or say something (or don’t do or say something) to trick MSD when they’re trying to do their job.

You’re found guilty of a special kind of crime that involves getting money you shouldn’t have.

This explanation of fraud doesn’t change how other parts of the law talk about fraud.

If you’re found guilty of fraud in court, that can be used as proof in other court cases too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783860.

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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”

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361: Recovery from spouse or partner of unapportioned excess amount beneficiary obtained by fraud, or

“Money taken back if your partner lied to get extra”

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

360Obtaining amount by fraud: meaning and proof

  1. An amount is obtained by fraud by a person (whether B or S) for the purposes of sections 354, 359, and 361, and clause 9 of Schedule 6 if the person—

  2. obtained that amount by—
    1. making any statement to MSD knowing the statement to be false in a material particular; or
      1. knowingly saying or doing anything or omitting to do or say anything for the purpose of misleading MSD in administering this Act; or
      2. is convicted of a specified offence (as defined in section 291(5)) in respect of obtaining that amount.

        1. This section does not limit references to fraud in sections 354, 359, and 361, and clause 9 of Schedule 6.

        2. This section does not limit the operation of section 49 (conviction as evidence in criminal proceedings) of the Evidence Act 2006.

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