International Custody Dispute Payment

The Special Needs Grant International Custody Dispute Payment is a weekly, non-recoverable payment, paid to a parent who is awaiting the outcome of an international custody dispute who has no other means of support (such as work, support from their government or family, or other support from New Zealand) and is facing financial hardship.

The maximum weekly rate of payment is equivalent to the Sole Parent Support rate, plus an accommodation component equivalent to the Accommodation Supplement.

You will need to check the client's entitlement to other benefits before considering this payment.

To get a Special Needs Grant International Custody Dispute Payment a client must:

• be the principal caregiver of a dependent child
• be in the country the child would normally live
• not be able to meet their needs from their own resources or through other sources and
• meet the hardship criteria which is an asset limit. Any income not reduced will need to be considered in relation to costs to determine hardship

Note the client does not need to be ordinarily resident.

And either be:

• in New Zealand on a temporary entry class visa (or a temporary or limited purpose permit, if granted before 29 November 2010) with the child to resolve custody and access proceedings or
• a New Zealand citizen or permanent resident and in another country under the Hague convention to resolve the international custody dispute

Note Australian citizens cannot access this payment, as they may qualify for Emergency Benefit.

And one of the following situations must apply:

• the child has been returned to New Zealand due to a Hague Convention order and the applicant accompanied the child
• the child has been returned to New Zealand voluntarily to resolve custody and access proceedings and the applicant accompanied the child
• the applicant has remained in New Zealand following the breakdown of their relationship in order to resolve custody and access proceedings and is the principal caregiver of that child
• the child has been required to return to another country (other than New Zealand) due to a Hague Convention order and the applicant has accompanied the child or
• a Hague Convention application has been made and the applicant has returned the child to another country (other than New Zealand) voluntarily and has accompanied the child

We must be satisfied the applicant has exhausted all financial resources reasonably available to them, and is in the process of pursuing any other avenue of financial support available in respect of the child (for example, domestic maintenance, employment or child support).

If the applicant is legally able to work but unable to obtain employment case manager discretion should be used to determine if this is reasonable. It may be unreasonable to expect them to gain employment if for example they have to provide full-time care for their child.

The applicant should be taking all reasonable steps to have the custody and access proceedings heard as soon as reasonably practicable.

If the client qualifies for the Special Needs Grant International Custody Dispute Payment, the rate of payment includes an accommodation component similar to Accommodation Supplement.

If a client is eligible for a Special Needs Grant International Custody Dispute Payment no other extra help or supplementary payments are available.