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Social Security Act 2018

Enforcement: sanctions and offences - Sanctions for breach of obligations other than young person or young parent obligations - Types of sanction

233A: Cancellation of main benefit for continuing failure to comply

You could also call this:

"Your main benefit can be cancelled if you don't follow the rules."

Illustration for Social Security Act 2018

If you get a main benefit and you do not do what you are supposed to do, MSD might cancel it. MSD will cancel your main benefit if they have already given you a sanction under section 232 and you still do not do what you are supposed to do. You will have to apply for the benefit again and show you are eligible if your main benefit is cancelled. If your main benefit is cancelled, you must apply for it again to get it back. You must also show that you are eligible for the benefit. This rule is affected by other parts of the law, including sections 236D(3)(d), 236G(3)(d), 236J(3)(d), and sections 245 to 248. You will not get your main benefit back until you apply and show you are eligible. MSD's decision to cancel your benefit is based on whether you follow the rules, including those in section 321 and 322. There are some exceptions, which are explained in section 320.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1444277.

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

233ACancellation of main benefit for continuing failure to comply

  1. MSD must cancel a person’s (P’s) main benefit if—

  2. MSD has, under section 232, imposed a sanction described in subsection (2)(a) or (b) of that section on P; and
    1. P fails to recomply, within 13 weeks after the sanction takes effect, with each obligation—
      1. for which the sanction was imposed for a failure to comply with; and
        1. that P has not ceased to have (including, without limitation, under section 321 or 322); and
        2. section 320 does not apply to P.

          1. On cancellation under this section of P’s main benefit, to be again entitled to a main benefit under this Act, P must apply for the benefit and establish that P is eligible for it.

          2. This section is subject to sections 236D(3)(d), 236G(3)(d), 236J(3)(d), and 245 to 248.

          Notes
          • Section 233A: inserted, on , by section 14(1) of the Social Security Amendment Act 2025 (2025 No 25).
          • Section 233A(3): amended, on , by section 14(2) of the Social Security Amendment Act 2025 (2025 No 25).