Social Security Act 2018

Enforcement: sanctions and offences - Sanctions for breach of young person or young parent obligations - Sanctions: young person obligations

278: Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations: other cases

You could also call this:

"What happens if you're a young partner of someone on a benefit and you don't follow the rules"

If you are a young person and your partner gets a benefit, you have to follow some rules. You must be either 16 or 17 years old with no children, or 16 to 19 years old with children, and be the partner of someone getting a benefit. Your benefit must not be managed by the Ministry of Social Development (MSD) using youth money management.

If you do not follow the rules without a good reason, MSD will take action. MSD looks at what you did wrong and decides what to do next. If you should be looking for work, but are not, MSD treats it like you failed to look for work.

If you are in trouble for not following the rules, MSD might stop your extra payments until you start following the rules again. If your benefit is cancelled, MSD will also cancel your extra payments. You can find more information about this in section 166(2) and section 167(2) and (3). MSD follows sections 233 and sections 236 to 239 when deciding what to do. There are also rules about what MSD can and cannot do, which are explained in section 232(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6959008.


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277: Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations: youth money management, or

"Penalties for young partners of beneficiaries who don't manage their money as required"


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279: Sanction for failure to comply with young parent obligation, or

"Young parents getting help must follow rules or face punishment"

Part 5Enforcement: sanctions and offences
Sanctions for breach of young person or young parent obligations: Sanctions: young person obligations

278Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations: other cases

  1. This section applies to a young person—

  2. who is—
    1. aged 16 or 17 years, without dependent children, and is the spouse or partner of a specified beneficiary; or
      1. aged 16 to 19 years, with a dependent child or children, and is the spouse or partner of a specified beneficiary; and
      2. whose benefit is not subject to youth money management; and
        1. who MSD is satisfied has, without good and sufficient reason, failed to comply with an obligation that applies to the young person under section 166(2) or 167(2) and (3).
          1. MSD must treat the young person’s failure referred to in subsection (1)(c),—

          2. in the case of a young person who would, but for section 166(4) or 167(5), be subject to the work test, as a failure to comply with the work test for the purposes of sections 233 and 236 to 239; and
            1. in the case of a young person who would, but for section 166(4) or 167(5), be required to comply with section 124, as a failure to comply with a work-preparation obligation under section 124 or 125 for the purposes of sections 233 and 236 to 239.
              1. MSD must, in the case of a young person who is subject to a sanction under sections 233 and 236 to 239 for a failure that subsection (2)(a) or (b) of this section requires to be treated as having occurred,—

              2. suspend the young person’s incentive payments (if any) (if that sanction is a reduction in the rate of or suspension of the young person’s benefit) until the young person recomplies; or
                1. cancel the young person’s incentive payments (if any) (if that sanction is the cancellation of the young person’s benefit).
                  1. Section 232(3) prevents MSD from imposing under section 232 a non-financial sanction on a young person to whom subsection (2)(a) or (b) of this section applies.

                  Compare
                  Notes
                  • Section 278(1)(b): amended, on , by section 61 of the Social Security Amendment Act 2025 (2025 No 25).
                  • Section 278(3)(a): amended, on , by section 38(1) of the Social Security Amendment Act 2025 (2025 No 25).
                  • Section 278(4): inserted, on , by section 38(2) of the Social Security Amendment Act 2025 (2025 No 25).