Plain language law

New Zealand law explained for everyone

Social Security Act 2018

Assistance - Orphan’s benefit

43: Orphan’s benefit: requirements

You could also call this:

“Requirements for getting an orphan's benefit for a child without parents who can care for them”

You can get an orphan’s benefit for a child if the child has no parent who can care for them. This happens when all of the child’s parents have died, are missing, or have a serious long-term disability.

For this benefit, a parent means a birth parent or an adoptive parent. It doesn’t include step-parents.

To get the orphan’s benefit, you need to be the child’s eligible caregiver. Also, either the child must live in New Zealand, or you must have lived in New Zealand for at least 12 months in a row at some point.

A parent, in this case, only means a birth parent or an adoptive parent, not a step-parent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS5959.

Topics:
Family and relationships > Children and parenting
Family and relationships > Adoption and guardianship
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“MSD can ask for a medical check when you apply to get paid for caring for someone at home”

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44: Who is eligible caregiver, or

“People who can legally care for a child without being their parent”

Part 2 Assistance
Orphan’s benefit

43Orphan’s benefit: requirements

  1. This section applies if, because of the circumstances specified in subsection (2), a child has no parent (as defined in subsection (3)) who is able to care for the child.

  2. The circumstances are that each of the child’s parents (as defined in subsection (3))—

  3. is dead; or
    1. is missing; or
      1. has a long-term serious disablement.

        1. A parent, in relation to a child, and for the purposes only of this subpart and section 31(b)(i), means a natural parent or an adoptive parent (and so excludes, for those purposes, a step-parent) of the child.

        2. A person (P) is entitled to an orphan’s benefit for the child if—

        3. P is an eligible caregiver of the child; and
          1. either—
            1. the child is both resident and present in New Zealand; or
              1. P has been both resident and present in New Zealand for a continuous period of 12 months at any time.

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