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Social Security Act 2018

Administration - Prosecutions and debt-recovery proceedings, and maintenance proceedings

389: Maintenance proceedings

You could also call this:

“Legal actions about money for support when you're on a benefit”

You should know about maintenance proceedings. These are legal actions that happen when someone is getting a benefit. They can be about getting money to support you, getting child support for your child, or finding out who your child’s father is.

If you’re getting a benefit, someone who works for the government can start these legal actions for you. They can act as if they were you, without needing special permission. They can go to court themselves or send someone else to do it for you.

Sometimes, these legal actions are about getting money to support you while you’re getting a benefit. The government can ask for this money to be paid to them instead of to you.

Remember, there are other rules about how maintenance claims can affect your benefit. This law doesn’t change those rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783924.

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Part 6 Administration
Prosecutions and debt-recovery proceedings, and maintenance proceedings

389Maintenance proceedings

  1. This section applies to proceedings under the Family Proceedings Act 1980 or the Child Support Act 1991 for, or relating to, all or any of the following during all or any part of a period in which a benefit is payable to a beneficiary:

  2. the maintenance of the beneficiary; or
    1. the payment of child support for a child of the beneficiary; or
      1. the establishment of the paternity of a child of the beneficiary.

        1. An MSD employee may, without special appointment, as if that employee were the beneficiary, institute the proceedings, or appear personally or by agent in the proceedings.

        2. The proceedings under the Family Proceedings Act 1980 for, or relating to, the maintenance of the beneficiary during all or any part of a period in which a benefit is payable to the beneficiary may, without limitation, be proceedings under section 61CA of the Social Security Act 1964 (Family Proceedings Act 1980 maintenance payable to the Crown) (as that section is saved by clause 49 of Schedule 1).

        3. This section does not limit section 202 (factors affecting benefit: maintenance claim).

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