Contents
Emergency Maintenance Allowance : Contents

Residence

To get Emergency Maintenance Allowance, a client must:

  • be a New Zealand citizen or
  • have a residence class visa under the Immigration Act 2009 or
  • be deemed to hold a residence class visa in New Zealand under the Immigration Act 2009 and
  • generally be ordinarily resident in New Zealand

People who are in New Zealand unlawfully or here on a temporary entry class visa generally do not qualify for a benefit.

Note if any person leaves New Zealand while getting a benefit and returns to take up ordinary residence in New Zealand at any time within 5 years, they are not required to meet the residential qualifications for the same benefit type.;

Exception

A temporary entry class visa holder may be able to get Emergency Maintenance Allowance if they are:

  • recognised as a refugee or protected person in New Zealand or
  • awaiting the outcome of their application for refugee or protected person status and are lawfully in New Zealand (i.e. they have a valid temporary entry class visa under the Immigration Act 2009) or
  • applying for a residence class visa under the Immigration Act 2009 and are compelled to remain in New Zealand through unforeseen circumstances 

Sponsored clients

Some clients may have been granted a residence class visa on the condition that they will be supported by a New Zealand sponsor.

Before a decision can be made about the client's application for benefit, MSD must verify any reasons why their sponsor can no longer support the client.

This is done for the purpose of assessing whether the client is in hardship.

For more information see:

Legislation

  • Residential requirement section 16(2)(a) and (b) Social Security Act 2018
  • General limitation on receiving benefit: persons unlawfully resident or present in New Zealand and persons holding temporary entry class visa section 19 Social Security Act 2018
  • Emergency benefit: discretionary grant on ground of hardship section 63 Social Security Act 2018
  • MSD may refuse or cancel benefit if person not ordinarily resident in New Zealand section 204(1) Social Security Act 2018
  • Refugee or protected person status section 205 Social Security Act 2018
Top

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

or

Legislation

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

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 ...

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

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: