Imprisonment
Generally, when an Emergency Benefit client is imprisoned or detained in custody, they are no longer entitled to get the Emergency Benefit.
In some circumstances Emergency Benefit can continue when the client is imprisoned.
To get an Emergency Benefit the client must not qualify for another main benefit and must be in hardship as they are unable to earn a sufficient livelihood due to their:
- health condition, injury or a disability
- domestic circumstances
- age or
- any other reason
The Emergency Benefit should stop from the day following the date of imprisonment.
MSD must decide whether to suspend or cancel the Emergency Benefit after considering the likely period in prison and whether the client has a partner and or dependent children.
Care and protection concerns
If a sole caregiver is remanded in custody and/or sentenced to a term of imprisonment, the case must be referred to Oranga Tamariki.
In other situations, if MSD believes any child has been, or is likely to be, harmed (physically, emotionally or sexually), ill-treated, abused, neglected, deprived or MSD has concerns about the wellbeing of the child, the case must be referred to Oranga Tamariki.
For more information see:
Legislation
- Emergency benefit: discretionary grant on ground of hardship section 63 Social Security Act 2018
- Benefit not payable during custody in prison or on remand section 217 Social Security Act 2018
- Exceptions to rule that benefit not payable during custody in prison or on remand section 218 Social Security Act 2018
