Family breakdown
When including a child as a dependent child as their parents are unable or unwilling to support them, MSD must be satisfied there has been a breakdown in the child's family that will last for a medium to long-term period.
Note for Sole Parent Support, a child's family means their parents (natural, adoptive, or step-parent) and any siblings living with them at the time of the family breakdown.
The applicant must be likely to be the principal caregiver for at least one year. This indicates the breakdown and placement away from the child's family is not a short-term measure.
At the interview with the caregiver check whether there has been any involvement with Oranga Tamariki or other authorised agency.
MSD can obtain proof of a breakdown from a:
- Family Group Conference conducted by Oranga Tamariki (or other authorised agency) or
- family meeting conducted by MSD, if there has been no involvement with Oranga Tamariki (or other authorised agency)
Documentation
Documentation of the Family Group Conference must be approved and signed as a full and correct account of the meeting by a social worker, or an elder of the iwi or cultural service who attended the meeting.
The Family Group Conference may have been a hui or cultural service meeting that discussed other matters not relevant to this child and their family.
In these situations, only an extract of the relevant minutes of the hui or meeting is required. The extract will still need to be approved and signed by a social worker, or an elder of the iwi or cultural service who attended the meeting.
When MSD has proof of a Family Group Conference, a decision must be made on the information provided.
However, just because a Family Group Conference has been completed does not mean a breakdown has occurred.
Care and protection concerns
When considering whether a family breakdown has occurred it is important to consider any possible care and protection concerns for a child or young person.
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
- When dependent child may be regarded as applicant's child section 31 Social Security Act 2018
