Clients applying for refugee or protected person status

To be eligible for a benefit, a client generally must have New Zealand citizenship or a residence class visa. However, if a client does not have citizenship or a residence class visa, they may be eligible for Emergency Benefit if they are:

• a person who has made an application for refugee or protected person status and
• waiting for a decision on their application from Immigration New Zealand or is appealing a decline decision to the Immigration and Protection Tribunal and
• lawfully present in New Zealand (i.e. they have a valid temporary entry class visa under the Immigration Act 2009)

A client may also be eligible for Emergency Benefit if they have been granted refugee or protected person status, or if they are applying for a residence class visa and are compelled to remain in New Zealand due to unforeseen circumstances.

If a person applying for refugee or a protected person status does not have citizenship or a residence class visa, they may be eligible for Emergency Benefit.

People in this situation must have a valid temporary entry class visa to qualify. This means their visa must not have expired or been cancelled.

When considering Emergency Benefit, the reason the client is unable to earn a sufficient livelihood must be considered. This determines the equivalent benefit and informs the maximum rate of payment and conditions of grant.

Clients applying for refugee or protected person status who do not have citizenship or a residence class visa may also qualify for Temporary Additional Support. They are not eligible for other forms of extra help such as Accommodation Supplement, Disability Allowance or Childcare Assistance.

If the client qualifies for Emergency Benefit, the benefit should only be granted for the period it is needed. For clients who are applying for refugee or protected person status, this is generally:

• the expiry date of the client's temporary entry class visa or
• 3 months from the date of grant

whichever is earlier.