Remanded in custody
Generally, when a client is remanded in custody awaiting a further court appearance the client's New Zealand Superannuation should be stopped. There is discretion to continue payment for 2 pay days following imprisonment.
There is also discretion to continue payment of New Zealand Superannuation after taking the client's financial circumstances and commitments into account.
When deciding whether to continue paying New Zealand Superannuation for the period of remand, consider the following:
- has the client been remanded pending further hearing or for sentencing
- does the client have continuing costs that cannot be avoided, such as rent and hire purchase for essential items
- does the client have a partner (either qualified in their own right or a grandparented non-qualified partner)
Every situation should be considered on a case-by-case basis.
For help contact Helpline to discuss the circumstances of the client before making a decision.
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:
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
