Death of a client with a partner or child
New Zealand Superannuation can continue to be paid for 28 days after the death of a client when there is a surviving partner or child, and the surviving partner (including a grandparented non-qualified partner) is not entitled to a survivor's grant from ACC.
New Zealand Superannuation can also continue to be paid for 28 days following the death of a single client who is a:
- liable person and paying Child Support payments or
- caregiver getting Unsupported Child's Benefit or Orphan's Benefit
Continuing payments after the date of death is known as terminal benefit.
When New Zealand Superannuation is being paid to a couple, both the deceased person and the surviving partner's payment continues to be paid.
The total amount, including the surviving partner's portion, plus any on-going extra help continues for 28 days.
Surviving partner will get more money on other assistance
Sometimes the surviving person, or the caregiver of the child would get more money (based on their new circumstances) on:
- a new main benefit or
- their existing benefit or New Zealand Superannuation at a higher rate
instead of getting their portion of their current assistance for 28 days.
New benefit paid at a higher rate
If the surviving person’s New Zealand Superannuation or main benefit is reviewed and they qualify for a higher rate, they may be granted the new rate instead of terminal benefit from the day after a client's death.
If the deceased person qualified for terminal benefit, their portion will continue to be paid.
Current benefit paid at a higher rate
If the surviving person's New Zealand Superannuation or main benefit is reviewed and they qualify for a higher rate, their rate increases from the day after their partner's death. MSD pays this instead of their portion of the terminal benefit if they get more money.
If the deceased person qualified for terminal benefit, their portion will continue to be paid.
Changing benefits or the benefit rate
The effect the client's death has on the surviving partner's payments will depend on whether the surviving partner:
- qualifies in their own right for New Zealand Superannuation or
- is included in New Zealand Superannuation as a grandparented non-qualified partner or gets a main benefit
If the surviving partner is a grandparented non-qualified partner they will need to apply for a main benefit as they will not qualify for the grandparented non-qualified rate of New Zealand Superannuation.
If the surviving partner gets a main benefit the rate and type of benefit should be reviewed to check they are getting the correct benefit and rate of payment.
Surviving person is entitled to survivor's grant from ACC
When the death of the person was the result of an accident, entitlement to a survivor's grant from ACC needs to be decided before terminal benefit can be paid
If the surviving person or child is entitled to a survivor's grant from ACC there is no entitlement to terminal benefit.
If the New Zealand Superannuation payments have continued after the date of death, an overpayment is established and the debt should be recovered from the estate.
Funeral costs
The person responsible for the cost of the funeral may also be able to get a Funeral Grant.
Mandatory Reviews
There are no Mandatory Reviews when a client with a non-qualifying partner included in their New Zealand Superannuation has died.
Child turns 18
A child will not be excluded from the parent or caregiver's New Zealand Superannuation when the child turns 18 during the 28-day continuation of payment.
For more information see:
- Deciding if grandparented non-qualified partner or main benefit partner would be better off getting terminal benefit or another benefit
- Ongoing assistance for surviving partner
- Ongoing assistance for dependant children
- When grandparenting ends
- ACC Financial support after a fatal injury
- Terminal benefit payments to surviving partner or person caring for the child or children
- Terminal benefit rate
- Verification
Legislation
- General limitation on receiving more than 1 benefit section 18 Social Security Act 2018
- Personal benefit of spouse or partner excludes benefit on behalf of spouse or partner section 201 Social Security Act 2018
- Other specified provisions not limited section 310M Social Security Act 2018
- Ending of benefits sections 325-330 Social Security Act 2018
- Required manner of payment: payment on death of beneficiary section 346 Social Security Act 2018
- Validation of certain payments made after death of beneficiary clause 22 schedule 32, Social Security Act 1964 (as saved by clause 64 schedule 1, Social Security Act 2018)
- Ending of grandparenting clause 7 schedule 1AA, New Zealand Superannuation and Retirement Income Act 2001
- exception (definition) section 103A Social Security Act 2018
