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Social Security Act 2018

Factors affecting benefits - Factors affecting benefits - Factors affecting benefit: absence from New Zealand

220: Special absence rule: winter energy payment

You could also call this:

“Special rule lets you get winter energy payment while away from NZ for up to 28 days”

You can’t get the winter energy payment if you’re not in New Zealand, unless special rules apply. These special rules say you can still get the payment for up to 28 days if you’re away from New Zealand during winter. This applies even if you have more than one trip, as long as the total days you’re away don’t add up to more than 28.

For this special rule to work, you need to meet two conditions. First, you would have to be eligible for the payment if you weren’t away. Second, the government needs to be sure that your time away doesn’t change whether you should get the payment or not.

There are some other rules about being away from New Zealand that don’t apply to the winter energy payment. These are sections 219 and 436 of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS4643.

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Part 4 Factors affecting benefits
Factors affecting benefits: Factors affecting benefit: absence from New Zealand

220Special absence rule: winter energy payment

  1. The winter energy payment is not payable for 1 or more days while a beneficiary is absent from New Zealand unless it is so payable under subsection (2).

  2. The winter energy payment is payable to a beneficiary for up to a maximum of 28 days of any 1 or more absences (however long each absence lasts in total) of the beneficiary from New Zealand during the winter period (as defined in section 71) if—

  3. the payment would be payable to the beneficiary were it not for those days of those absences; and
    1. MSD is satisfied that those days of those absences do not affect the beneficiary’s eligibility for the payment under section 72.

      1. Sections 219 and 436 do not apply to the winter energy payment.

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      Notes
      • Section 220(2): replaced, on , by section 5 of the Social Security (Winter Energy Payment) Amendment Act 2019 (2019 No 13).