Social Security Act 2018

Other provisions - Regulations

441: Regulations: expiry and regrant of specified benefits

You could also call this:

"Rules about benefits ending and being given again"

The Governor-General can make rules about benefits that expire and how they can be given again. You can find more information about this in sections 331 to 336. These rules can say when a benefit expires.

The rules can also say which benefits are not included in the expiry rules, like sole parent support or emergency benefit. You can read more about the expiry rules in section 332 and exceptions in section 334(1). The rules can also say how a benefit can be given again after it expires, as mentioned in section 336(2).

The Governor-General can make rules that require you to meet certain conditions to get a benefit again after it expires. These conditions can override other rules in the Social Security Act, but they must still follow the main rules of the Act, which you can find in sections 325 to 332. You can learn more about how these rules are published by reading Part 3 of the Legislation Act 2019.

If you get a benefit and it expires, you might still get some payments, but you will have to pay them back if your benefit is not given again. These payments are like a temporary help until your benefit is sorted out. The rules about these payments are made by the Governor-General.

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This page was last updated on 19 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6784013.

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440: Regulations: exemptions from, and calculation of, stand down, or

"Rules for when and how you get your benefits"

442: Regulations: payments, or

"Rules about how social security payments are made and managed"

Part 8Other provisions
Regulations

441Regulations: expiry and regrant of specified benefits

The Governor-General may, by Order in Council, make regulations for the purposes of sections 331 to 336.
Regulations made under subsection (1) may (without limitation) do all or any of the following:
prescribe the expiry date or expiry dates for every benefit that is a specified benefit for the purposes of sections 331 to 336:
declare a benefit that is sole parent support, supported living payment, or emergency benefit, not to be a specified benefit for the purposes of sections 331 to 336:
specify circumstances for the exception under section 334(1) from expiry under section 332:
specify, for section 336(2), requirements—
1. for the regrant of a specified benefit; and
2. that may override sections 325 to 332 in the way specified in subsection (4A); but
3. that must otherwise be not inconsistent with this Act.

Subsection (2)(a) authorises (without limitation) the regulations to prescribe the same expiry date, or 2 or more different expiry dates, for all or any combination of the following:
each specified benefit for the purposes of sections 331 to 336:
each specified benefit for the purposes of sections 331 to 336 insofar as that benefit is granted on each of 2 or more different specified eligibility grounds:
each specified benefit for the purposes of sections 331 to 336 insofar as that benefit is (on all, or any specified, eligibility grounds) granted to a specified category, class, or kind of applicants, recipients, or beneficiaries.

Subsection (2)(b) authorises (without limitation) the regulations to make a declaration in respect of sole parent support, supported living payment, or emergency benefit, as that benefit is granted in either or both of the followings ways (specified in section 331(2)(a) and (b)):
that benefit as granted on only 1 or more specified available eligibility grounds:
that benefit as granted to only 1 or more specified categories, classes, or kinds of beneficiaries.

Subsection (2)(d) authorises (without limitation) the regulations to require granting and payment to a person of conditional payments of—
the specified benefit; and
all other assistance under this Act—
1. that is payable to the person immediately before the expiry date for the specified benefit; and
2. that would have continued to be payable to the person had their specified benefit not expired.

Conditional payments mentioned in subsection (4A) are—
for the relevant period, on and after that expiry date, in which the requirements for regrant of the specified benefit must be completed; and
subject to the condition that the person is liable to repay the whole of any amount paid for that relevant period if the person’s specified benefit is not regranted.

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare

1964 No 136 s 132M

Notes

Section 441(2)(c): replaced, on 1 July 2025, by section 60(1) of the Social Security Amendment Act 2025 (2025 No 25).
Section 441(2)(d): replaced, on 1 July 2025, by section 60(1) of the Social Security Amendment Act 2025 (2025 No 25).
Section 441(4A): inserted, on 1 July 2025, by section 60(2) of the Social Security Amendment Act 2025 (2025 No 25).
Section 441(4B): inserted, on 1 July 2025, by section 60(2) of the Social Security Amendment Act 2025 (2025 No 25).
Section 441(5): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).