Client or partner in prison
There is discretion to continue New Zealand Superannuation for clients in prison, for 2 instalments following imprisonment.
There is further discretion to continue payments beyond the initial 2 instalments where the Ministry of Social Development can pay all or part of the New Zealand Superannuation to:
- the partner of the person in prison
- any person responsible for the spouse or partner or any dependent children of the person in prison or
- to the client in prison beyond the 2 instalments that have already been paid
A decision on making payment beyond the date of imprisonment must consider the couples’ full circumstances.
Grandparented non-qualifying partner included
When a client is imprisoned and has a grandparented non-qualified partner included in their New Zealand Superannuation, the New Zealand Superannuation will generally need to be cancelled from the day following imprisonment to enable the partner to get a benefit in their own right.
However, there is discretion to continue payment of the client's New Zealand Superannuation beyond the date of imprisonment.
Note if the grandparented non-qualified partner rate ends, the qualifying partner cannot get it again.
Partner qualifies for New Zealand Superannuation
When a married, civil union or de facto client is imprisoned and has a partner who qualifies for New Zealand Superannuation in their own right, the client's New Zealand Superannuation will generally be stopped form the day following imprisonment. However, there is discretion to continue payment of the client's New Zealand Superannuation for two pay days after the date of imprisonment.
For more information see:
Legislation
- Factors affecting benefit: custody in prison or on remand sections 217-218 Social Security Act 2018
