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Social Security Act 2018

Assistance - Winter energy payment

72: Winter energy payment: requirements

You could also call this:

“Rules for getting extra money to help with heating costs in winter”

You can get a winter energy payment for some days during winter if you meet certain requirements. You need to be receiving a qualifying benefit, and that benefit must be payable to you. There are some situations where you won’t get the payment:

If you’re in a relationship and getting a benefit, only one of you can get the winter energy payment. The Ministry of Social Development will decide who gets it.

You won’t get the payment if you’re in hospital for a long time and your benefit has been reduced and reviewed.

If you’re 65 or older and in residential care, you might not get the payment if you’re paying less than the maximum contribution for your care.

If you’re between 50 and 64, single, and in residential care, you might not get the payment if you’re paying less than the maximum contribution for your care.

You won’t get the payment if you’re getting residential care services for a disability or long-term health condition and contributing to the cost through your benefit.

Lastly, you won’t get the payment if you’ve chosen not to receive it.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS4444.

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Part 2 Assistance
Winter energy payment

72Winter energy payment: requirements

  1. A person is entitled to a winter energy payment for 1 or more days during the winter period if, for those days,—

  2. the person is receiving a qualifying benefit (or a portion of it), either as the person granted that benefit or as the spouse or partner of that person; and
    1. the qualifying benefit (or a portion of it) is payable to the person; and
      1. the person is not disqualified under subsection (2).

        1. However, the person is not entitled to a winter energy payment for 1 or more days during the winter period if, for those days,—

        2. the qualifying benefit is payable at a rate prescribed in respect of a person who is in a relationship, and MSD has determined under subsection (3) that the person’s spouse or partner is entitled to a winter energy payment; or
          1. the rate of the person’s qualifying benefit is required by section 206(2) to be reduced to the rate payable to long-term hospital patients, and the payment has been reviewed under section 304 and terminated under section 75 (see also section 309); or
            1. the person is aged 65 years or over, is a qualifying person as defined in section 12 of the Residential Care and Disability Support Services Act 2018, and must under section 17 of that Act pay a contribution based on income towards the cost of that person’s LTR contracted care that is less than the maximum contribution (as defined in section 15(2) of that Act); or
              1. the person is aged 50 to 64 years, is a 50+ single person as defined in section 21 of the Residential Care and Disability Support Services Act 2018, and is under section 22 of that Act liable to make a contribution based on income towards the cost of the person’s LTR contracted care that is less than the maximum contribution (as defined in section 15(2) of that Act); or
                1. neither paragraph (c) nor paragraph (ca) applies to the person, and the person is—
                  1. receiving, in relation to the person’s disability or long-term chronic health condition, residential care services that are partly funded under the Pae Ora (Healthy Futures) Act 2022; and
                    1. contributing to the cost of those services by a payment redirected under section 339(1)(a) or (c)(i), or sections 341 and 344, of this Act; or
                    2. the person has made, and not revoked, an election not to receive the payment (see section 73).

                      1. If the qualifying benefit is payable at a rate prescribed in respect of a person who is in a relationship, MSD must determine which 1 of the spouses or partners is (as only 1 of them can be) entitled to a winter energy payment.

                      Compare
                      Notes
                      • Section 72(2)(c): replaced, on , by section 4 of the Social Security (Winter Energy Payment) Amendment Act 2019 (2019 No 13).
                      • Section 72(2)(ca): inserted, on , by section 4 of the Social Security (Winter Energy Payment) Amendment Act 2019 (2019 No 13).
                      • Section 72(2)(d): replaced, on , by section 4 of the Social Security (Winter Energy Payment) Amendment Act 2019 (2019 No 13).
                      • Section 72(2)(d)(i): amended, on , by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).