This Part—

This section sets out the residential requirement that must be met by applicants for certain types of assistance under this Part.

A person (P) meets the residential requirement if—

For the purposes of subsection (2)(b), New Zealand has a reciprocity agreement with another country if there is in force under section 380 an order declaring that the provisions contained in an agreement (for example, a convention) signed by New Zealand and the Government of that country set out in a schedule of the order have force and effect so far as they relate to New Zealand.

This section does not limit section 204 (MSD may refuse or cancel benefit if person not ordinarily resident in New Zealand), and is subject to section 205 (refugee or protected person status).

This section is also subject to any regulations made under section 421 that specify circumstances in which a person—

Assistance granted under this Part must be paid at the appropriate rate specified in Schedule 4.

Subsection (1) does not apply to the following assistance granted under this Part:

Subsection (1) is subject to the provisions of this Act that provide for the reduction, suspension, or cancellation of assistance in certain circumstances.

In this section, the specified abatement exemptions means—

The specified abatement exemptions ensure that a benefit (for example, an accommodation supplement) payable to a community spouse or partner (CSP) is not subject to abatement in respect of any income of the CSP that has been included in a means assessment—

A person is not entitled to receive at the same time, in his or her own right,—

A person is not entitled or eligible to receive a benefit if the person is—

This section is subject to section 205.

A person is entitled to jobseeker support if the person—

A person (P) has a work gap if—

For the purposes of subsection (1)(b), P may treat as a loss of P’s earnings a payment made to any other person who acts as P’s substitute during the period of P’s health condition or injury.

Despite subsection (1)(a), P still has a work gap if—

A person (P) is available for work if P—

An applicant for jobseeker support meets the age requirement if the applicant is—

In this subpart, a person (P) has no or minimum income if P has—

If, during a temporary period, P has enough income to reduce the applicable rate of jobseeker support to zero, but P otherwise meets the requirements for jobseeker support, P’s entitlement to jobseeker support is not affected by that income.

MSD may grant jobseeker support to a person (P) who is eligible under subsection (2), (3), or (4) if P—

P is eligible under this subsection if P meets the requirements in section 20(a), (b), and (c).

P is eligible under this subsection, during the period between the end of one academic year and the start of the next, if P is a full-time student and meets the requirements in section 20(c) and (d).

P is eligible under this subsection, during the period between the end of one academic year and the start of the next, if P is a full-time student who is aged 16 or 17 years and MSD is satisfied that—

A person (P) is not entitled to, or eligible to be granted, jobseeker support if—

An applicant (A) for jobseeker support on the ground of health condition, injury, or disability must include in the application a certificate that complies with this section.

The certificate must be given by a prescribed health practitioner.

The certificate must—

MSD may at any time require an applicant for, or a person receiving, jobseeker support on the ground of health condition, injury or disability (P) to undergo an examination by a prescribed health practitioner.

The prescribed health practitioner must be agreed for the purpose between P and MSD or, failing agreement, must be nominated by MSD.

The prescribed health practitioner must prepare, and must send MSD a copy of, a report that indicates—

A person is entitled to sole parent support if the person—

A person (P) meets the sole parent requirement if P is the mother or father of, and caring for, at least 1 dependent child aged under 14 years and—

For the purposes of this subpart, MSD may regard a dependent child as being a child of an applicant (A), and A as being the mother or father of the child, if—

This section applies to the parents of 2 or more dependent children if—

Only 1 of the 2 parents is entitled to sole parent support, and the parent who is entitled to sole parent support must be—

This section does not apply if each parent has become the principal caregiver in respect of at least 1 child under 1 or more orders—

In this section, child means a dependent child of the parents—

This section applies to a person (P) who is receiving sole parent support.

On the date that the youngest dependent child in P’s care turns 14, P’s sole parent support expires and is replaced with jobseeker support that commences on that date and is taken to be granted to P as if P had applied for it.

However, if MSD reasonably believes that on that date P would not meet the conditions of entitlement to jobseeker support,—

Obligations or exemptions that apply to P immediately before the expiry of P’s sole parent support continue after that expiry in respect of the jobseeker support to which P is transferred under subsection (2) if those obligations or exemptions are any of the following:

This section does not preclude a review under subpart 3 of Part 6 (review of entitlement to, or rate of, benefit granted) of whether P satisfies the conditions of entitlement to jobseeker support.

A person is entitled to the supported living payment if the person—

A person (P) has restricted work capacity if P is permanently and severely restricted in P’s capacity for work because of a health condition, or because of injury or disability arising (in either case) from an accident or existing from birth.

P is permanently restricted in P’s capacity for work if MSD is satisfied that—

P is severely restricted in P’s capacity for work if MSD is satisfied that P is incapable of regularly working at least 15 hours a week in open employment.

A person (P) must not be granted a supported living payment if MSD is satisfied that P’s restricted capacity for work or total blindness was self-inflicted and brought about by P with a view to qualifying for a benefit.

This section applies to a person (P) who is an applicant for, or who is receiving, a supported living payment on the ground of restricted work capacity or total blindness.

MSD may at any time require P to undergo an examination by a prescribed health practitioner.

The prescribed health practitioner must be agreed for the purpose between P and MSD or, failing agreement, must be nominated by MSD.

The prescribed health practitioner must prepare, and must send MSD a copy of, a report that indicates—

The report must, in the case of doubt referred to in subsection (4)(a), and may, in any other case, indicate a date for review of the permanency or severity, or both, of P’s health condition, injury, or disability.

This section applies to a person (P) who is in a relationship and who—

A supported living payment payable to P is not apportioned and must be paid at half of the appropriate rate in Part 3 of Schedule 4.

A supported living payment payable to P’s spouse or partner (S) (if S is not receiving long-term residential care in a hospital or rest home) is not apportioned and must be paid at the rate in Part 3 of Schedule 4 that would be appropriate if S were entitled to a supported living payment in S’s own right and were single.

The purpose of this section is to encourage specified recipients of a supported living payment to undertake open employment in order to establish whether they can sustain that employment and cease receiving that benefit.

This section applies to a person (P) who—

The period of open employment agreed with MSD must not exceed 26 weeks (even if that employment is, or is expected to be, for a period that is longer than the agreed period).

P does not lose P’s entitlement to a supported living payment by reason only of working 15 or more hours a week in open employment during the agreed period.

A person (C) is entitled to the supported living payment if—

MSD may continue a payment granted under this section for a period of not more than 28 days even though P was not during that period in the full-time care of C.

In this subpart, institutional care means care that is, or is equivalent to,—

A person (C) who applies for a supported living payment on the ground of caring for another person (P) must include in the application a certificate that complies with this section.

The certificate must be given by a prescribed health practitioner and must certify—