Imprisonment
When a Sole Parent Support client is imprisoned or detained in custody, they generally are no longer entitled to receive the Sole Parent Support.
Generally, to receive a Sole Parent Support the client must be the parent of one or more dependent children.
As the client is in prison or remanded in custody the client generally is no longer the caregiver of dependent children.
The Sole Parent Support should stop from the day following the date of imprisonment.
MSD must decide whether to suspend or cancel the benefit after considering the likely period in prison and whether the client has dependent children.
Exception
The client may be imprisoned for less than one year and a temporary caregiver will be caring for the client's dependent children. In this situation, all or part of the client's Sole Parent Support may continue and be paid to the temporary caregiver caring for the client's dependent children.
There is also discretion to continue payment if the client is remanded in custody pending a further court appearance.
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
- Sole parent support: requirements section 29 Social Security Act 2018
- When dependent child may be regarded as applicant's child section 31 Social Security Act 2018
- 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
