Social Security Act 2018/Section 8

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Jurisdiction NZ
Source NZ Legislation Website
http://legislation.govt.nz/act/public/2018/0032/latest/DLM6783126.html
8Determinations person is single or in de facto relationship
(1)This section applies to a decision by MSD so far as the decision does all or any of the following:
(a)determines (that is, grants, or refuses to grant, on any basis) an application for a benefit:
(b)reviews (and suspends, cancels, or varies, from a date determined by MSD) a benefit already granted:
(c)determines the rate of benefit (from a date, or dates, determined by MSD):
(d)grants, or refuses to grant, on any basis, a payment of a funeral grant (see section 90):
(e)grants or refuses to grant, on any basis, a payment under an approved special assistance programme.
(2)MSD may make a determination to regard as single, for the purposes of the decision, an applicant or a beneficiary who is married or in a civil union with the applicant’s or beneficiary’s spouse or partner, but—
(a)is living apart from the applicant’s or beneficiary’s spouse or partner; and
(b)is not in a de facto relationship.
(3)A determination under subsection (2) may include a date, determined by MSD, on which the spouses or partners must be taken for the purposes of the decision to have commenced to live apart.
(4)MSD may make a determination to regard as a party to a de facto relationship, for the purposes of the decision, any 2 people who, not being legally married or in a civil union, have entered into a de facto relationship.
(5)A determination under subsection (4), for the purposes of the decision, may include either or both of the following dates:
(a)a date, determined by MSD, on which the 2 people must be taken as having entered into the de facto relationship:
(b)a date, determined by MSD, on which the de facto relationship of the 2 people must be taken to have ended.
(6)Every determination under this section also applies for the purposes of every debt-recovery or offence provision in or under this Act.
Compare: 1964 No 136 s 63