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Social Security Act 2018

Administration - Reciprocity agreements with other countries - Adverse action arising from discrepancy

386: Adverse action against individual if discrepancy shown by information from other country

You could also call this:

“MSD might change your benefits if information from other countries doesn't match their records”

If you receive a benefit or other support from MSD (Ministry of Social Development), sometimes MSD checks information about you with other countries. If the information from another country doesn’t match what MSD has, this is called a discrepancy. When this happens, MSD might need to take action that could affect your benefits or support.

The rules for what MSD must do in this situation are written in special laws. These laws explain the steps MSD needs to follow before they can change or stop your benefits because of information from another country.

The details about what information means and how it should be used come from something called the Privacy Act 2020. MSD has to follow these rules to protect your privacy while they check the information.

If MSD wants to make changes to your benefits because of information from another country, they have to follow specific steps. These steps are written down in another set of rules to make sure everything is done fairly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783920.

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Part 6 Administration
Reciprocity agreements with other countries: Adverse action arising from discrepancy

386Adverse action against individual if discrepancy shown by information from other country

  1. This section applies if information received by MSD from the competent institution of the other country under a mutual assistance provision for information exchange has produced a discrepancy, and as a result MSD proposes to take an adverse action against an individual.

  2. In this section, expressions defined in section 177 of the Privacy Act 2020 have the meanings so defined, with all necessary modifications.

  3. The processes to be followed (if MSD proposes, as a result of the discrepancy, to take an adverse action against the individual) are set out in regulations made under section 450.

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Notes
  • Section 386(2): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).