Imprisonment
When a New Zealand Superannuation client is imprisoned or detained in custody they are generally no longer entitled to get New Zealand Superannuation.
New Zealand Superannuation should stop from the day following the date of imprisonment. However, there is discretion to continue 2 payments following imprisonment.
Further ongoing payments for the period of imprisonment are also discretionary.
MSD must decide whether to suspend or cancel the benefit after considering the likely period in prison and whether the client has a partner and or dependent children.
Care and protection concerns
If a sole caregiver is remanded in custody and/or sentenced to a term of imprisonment, the case must be referred to Oranga Tamariki.
In other situations, if MSD believes any child has been, or is likely to be, harmed (physically, emotionally or sexually), ill-treated, abused, neglected, deprived or MSD has concerns about the wellbeing of the child, the case must be referred to Oranga Tamariki.
For more information see:
- Definition of imprisonment
- Home detention
- Client or partner in prison
- Decision guidelines – married, civil union or de facto clients
- Release on bail
- Remanded in custody
- Detention in or transfer to a psychiatric hospital
- Person detained under a Public Protection Order
- Effect of absence overseas on grandparented clients
- When grandparenting ends
- Core policy Care and protection concerns for a child or young person
Legislation
- Benefit not payable during custody in prison or on remand section 217 Social Security Act 2018
- Exceptions to rule that benefit not payable during custody in prison or on remand section 218 Social Security Act 2018
- When grandparenting ends (imprisonment) clause 7(2)(e) schedule 1AA, New Zealand Superannuation and Retirement Income Act 2001
