Contents
Emergency Benefit : Contents

Clients compelled to remain in New Zealand

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:

  • applying for a residence class visa and
  • compelled to remain in New Zealand due to unforeseen circumstances

A client may also be eligible for Emergency Benefit if they are applying for or have been granted refugee or protected person status.

Compelled to remain in New Zealand without citizenship or a residence class visa

If a person compelled to remain in New Zealand does not have citizenship or a residence class visa, they may be eligible for Emergency Benefit. They must have a serious and unforeseen reason that prevents them from leaving New Zealand, for example life maintaining medical treatment.

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 who are compelled to remain in New Zealand 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.

Note clients applying for a residence class visa who are compelled to remain in New Zealand do not need a current temporary entry class visa to get Emergency Benefit or Temporary Additional Support.

For more information see:

Legislation

  • Refugee or protected person status (compelled to remain in New Zealand) section 205(1)(c) Social Security Act 2018
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A person can be a New Zealand citizen by either:

For New Zealand citizenship, New Zealand includes the self-governing states of:

Citizenship is granted by the Department of Internal Affairs.

Note people born in New Zealand, the Cook Islands, Niue, or Tokelau may not automatically be New Zealand citizens. To be considered a New Zealand citizen from birth, a person born on or after 1 January 2006 must have:

A refugee means a person recognised under the Immigration Act 2009 as:

or

Legislation

A residence class visa means a:

A residence class visa allows people to live in New Zealand indefinitely. The visa also lets people work and study in New Zealand. There are different travel conditions based on the type of residence class visa.

Residence class visas are granted by Immigration New Zealand.

For the purpose of deciding if a person meets the residence criteria for financial assistance from MSD, people who ...

A protected person under the Immigration Act 2009 means a person recognised as a protected person in New Zealand under the:

Legislation

It is not possible to detail the circumstances under which this may occur. However, there must be very strong and compelling reasons why the client is unable to return to their country of origin.

Lack of funds should not be regarded as a reason for not being able to return. When the client originally arrived in New Zealand, a condition of entry would have required a return air ticket to their ...

Temporary entry class visas are issued to people who have arrived in New Zealand legally, but are only allowed to stay for a temporary period for the duration and purposes indicated on the visa.

A temporary entry class visa means:

Legislation