Dependent child
To get Orphan’s Benefit or Unsupported Child’s Benefit, the caregiver must be the principal caregiver or the principal temporary caregiver of a dependent child.
A dependent child for Orphan's Benefit or Unsupported Child's Benefit is a child who is:
- primarily the responsibility of the client
- maintained as a member of that family
- financially dependent on that client
- in the custody of the Chief Executive of Oranga Tamariki but has been returned to their parent's care
A dependent child for Orphan’s Benefit or Unsupported Child’s Benefit does not include a:
- child getting payments under section 363 of the Oranga Tamariki Act 1989 and
- child for whom Orphan's Benefit or Unsupported Child's Benefit is being paid for the following payments:
- Jobseeker Support
- Sole Parent Payment
- Youth Payment
- Young Parent Payment (except in relation to that child's parent or step-parent). That is, a young person getting Young Parent Payment (and their child) cannot also be included in another main benefit as neither of them are considered a dependent child. See: Dependent children, young parents and the child's parent or step-parent examples
- Accommodation Supplement
- the hospital rate for clients who have been in hospital for more than 13 weeks
This means, when a caregiver is getting Orphan's Benefit or Unsupported Child's Benefit and is also getting one of the payments above, they cannot include that child in both the Orphan's Benefit or Unsupported Child's Benefit payments and their other benefit.
Sometimes, a child may be living away from home but is still considered dependent.
The child may be involved or may have been previously involved with Oranga Tamariki.
If a child is not considered a dependent child for Orphan's Benefit and Unsupported Child's Benefit purposes - they are not a dependent child for any other benefit purposes. If the child is aged 16 or 17 years old, they may be able to get Youth Payment or Young Parent Payment.
Care and protection concerns
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
- Orphan's benefit subpart 5 part 2, Social Security Act 2018
- Unsupported child's benefit subpart 6 part 2, Social Security Act 2018
- child (definition) schedule 2 Social Security Act 2018
- dependent child (definition) schedule 2 Social Security Act 2018
- Provisions relating to children aged 18 years or over who continue education section 103 Social Security Act 2018
