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Social Security Act 2018

Administration - Mandatory reviews

310E: Exceptions to requirement to review specified benefits

You could also call this:

"When You Don't Have to Review Some Benefits"

Illustration for Social Security Act 2018

You do not have to review some benefits if certain things happen. If your benefit is suspended or not being paid at the time it is due for review, it does not have to be reviewed. You can find more information about when reviews are required under section 310B(1). You also do not have to review a benefit if there is a problem with the computer system used for reviews, or if certain circumstances apply to you. These circumstances are set out in regulations made under section 438A. The date by which a review would normally be done is called the mandatory review deadline. If any of these things happen in the 20 working days before the review is due, the review can be skipped. The rules about what circumstances allow a review to be skipped are set out in regulations and also include times when a review is not required under section 310B(1). You can check the regulations for more information about these circumstances.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1577270.

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Topics:
Money and consumer rights > Benefits and financial assistanceGovernment and voting > Government departments
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310D: MSD must notify or advise beneficiaries, or

"MSD must tell you what they need to review your benefit"

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310F: Exemption from mandatory review, or

"You don't have to do a mandatory review if your circumstances mean you don't need one."

Part 6Administration
Mandatory reviews

310EExceptions to requirement to review specified benefits

  1. MSD is not required to undertake or complete a review that MSD would, but for this section, be required to undertake and complete under section 310B(1) if,—

  2. at the mandatory review deadline, the specified benefit—
    1. is suspended; or
      1. is not for the time being payable under this Act; or
      2. at any time or times, or at all times, in the period that starts at least 20 working days before the mandatory review deadline and ends on the mandatory review deadline,—
        1. there is a disruption to an automated electronic system used for mandatory reviews by MSD of specified benefits; or
          1. 1 or more of the prescribed circumstances apply to the beneficiary.

          2. In this section,—

            mandatory review deadline means the date by which MSD would, but for this section, be required to undertake the mandatory review

              prescribed circumstances means any circumstances that are—

              1. circumstances in which MSD is not required under this section to undertake a mandatory review that MSD would, but for this section, be required to undertake under section 310B(1); and
                1. prescribed for the purposes of this section by regulations made under section 438A.

                Notes
                • Section 310E: inserted, on , by section 4 of the Social Security (Mandatory Reviews) Amendment Act 2025 (2025 No 30).