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New Zealand law explained for everyone

Social Security Act 2018

Assistance - Orphan’s benefit

44: Who is eligible caregiver

You could also call this:

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

You can be an eligible caregiver of a child if you meet certain conditions. You need to be at least 18 years old. You can’t be the child’s parent as defined in section 43(3). The child must be dependent on you. You must be the main person looking after the child, either all the time or for a short period. If you meet all these conditions, you are considered an eligible caregiver under this law.

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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=LMS5984.

Topics:
Family and relationships > Children and parenting
Family and relationships > Adoption and guardianship
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43: Orphan’s benefit: requirements, or

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

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45: Orphan’s benefit to be used for benefit of child, or

“Money for orphans must be used to take care of the child”

Part 2 Assistance
Orphan’s benefit

44Who is eligible caregiver

  1. A person (P) is an eligible caregiver of a child if—

  2. P is aged 18 years or over; and
    1. P is not a parent (as defined in section 43(3)) of the child; and
      1. the child is a dependent child of P; and
        1. P is a principal caregiver or principal temporary caregiver of the child.

            Compare
            Notes
            • Section 44(d): amended, on , by section 4(1) of the Social Security (Financial Assistance for Caregivers) Amendment Act 2021 (2021 No 25).
            • Section 44(e): repealed, on , by section 4(2) of the Social Security (Financial Assistance for Caregivers) Amendment Act 2021 (2021 No 25).