Enrolled in and attending school
A client and their partner (if any) getting Emergency Benefit must take all reasonable steps to ensure their children, are enrolled in and attending school from the age of 5 or 6 years old (depending on when they start school).
Age of child
Clients with a dependent child aged 5 or 6 years (depending on when they start school) to 15 years of age will be required to take all reasonable steps to ensure the child is enrolled in and regularly attending school.
If a child is aged between 5 or 6 years it is the parent or caregivers choice as to whether they have their child in early childhood education or school.
A child does not legally have to attend school until they are 6 years old, but most children start school at 5 years.
A client must meet the early childhood education social obligation if they choose not to enrol their 5 year old in school.
A child can legally leave school when they are 16 years or at 15 years, if they have an early leaving exemption from the Ministry of Education.
A parent or caregiver cannot be asked to comply with the attendance at school social obligation if the child has legally left school or has an early leaving exemption, and is no longer legally required to attend school.
Verification of child enrolled and attending school
All children aged from 6 to 15 years old are legally required to attend school. In most cases you should take your client's word that they are meeting their social obligations.
However, if you have information that indicates the child may not be attending school you may ask the client to get verification, for example, a letter from the child's school that says the child is enrolled and attending.
There are some situations where a client may be taking all reasonable steps but their child is not attending school.
For more information see:
Home schooling
A client can home school their children and meet their social obligations.
If the child is aged 6 years or over they will need to have a Certificate of Exemption from Enrolment at a Registered School issued by the Ministry of Education.
However, if they have work obligations, they are likely to need an exemption from those obligations.
For more information see:
Legislation
- Specific obligations: social obligations in relation to dependent children sections 127-135 Social Security Act 2018
- Social obligations in relation to dependent children part 3, subpart 4 Social Security Regulations 2018
- Exemption from work-test obligations: work-tested sole parents receiving jobseeker support regulation 103 Social Security Regulations 2018
- Exemption from work-test obligations: work-tested sole parent support beneficiaries regulation 104 Social Security Regulations 2018
