Deciding ordinarily resident

A client must be ordinarily resident in New Zealand on the date they apply to get a Supported Living Payment.

On an ongoing basis a client must continue to remain ordinarily resident in New Zealand to get their benefit.

Some exceptions occur when the client leaves New Zealand to live overseas permanently in which case they may be eligible for a continuation of their payments under a Social Security Agreement.

Ordinarily resident incorporates a number of factors.

The key attributes to being ordinarily resident in New Zealand is that a person must have a close and clear connection to New Zealand on the date they apply for a Supported Living Payment.

Some other key attributes that indicate that a person is ordinarily resident in New Zealand include:

• their physical presence in New Zealand is other than casually or as a traveller
• there is some intention to remain in New Zealand for a settled purpose
• despite temporary absences from New Zealand they regularly or customarily live in New Zealand
• they prefer residence in New Zealand to any other country (a person cannot be ordinarily resident in two countries at the same time)

Where it is not clear if a client is ordinarily resident you may need to ask the client further information. Some of the following questions may help to get more information:

• if the client is going overseas, what are their intentions towards New Zealand (sighting return air tickets is a good indication)
• the length of time they spend in New Zealand compared to their periods of absence and the reasons for the absences
• property ownership (as this tends to suggest permanent ties with a place), including other asset ownership (for example boats, cars or caravans)
• where are their cash assets principally held (New Zealand banks or investment entities or overseas based holdings)
• is their income earned in New Zealand or overseas, and are they tax resident in New Zealand - see Inland Revenue New Zealand tax residence guide - IR292
• are they still on an electoral role and vote in central and local body elections
• do they have a personal commitment to New Zealand (for example their involvement in their immediate and extended family community, community events, clubs and other groups)

The attributes associated with being ordinarily resident can also be used after Supported Living Payment is granted if there is some indication the client may no longer be ordinarily resident in New Zealand.

Whether a person is ordinarily resident in New Zealand is a question of fact and degree.

You must consider all the factors of each individual case and decide whether they show a clear and close connection to New Zealand.

You may need to ask more questions (or seek clarification of information you have) to get all the relevant information and then you must weigh up all the facts and make a decision having regard to the attributes associated with a person being ordinarily resident in New Zealand (see above).

If, on the balance of facts you are not sure if the client is ordinarily resident in New Zealand ask for advice from Helpline or your manager client service delivery before you make your decision.

A determination on whether a person is ordinarily resident is a discretionary legislative provision, and the client should be given the benefit of the doubt in situations where their ordinary residence isn't clear.

You should consider other main benefits if a client does not meet the residence requirements for a Supported Living Payment.

An Emergency Benefit may be granted on the grounds of hardship to a client who does not meet the period of residence requirement. However, the person must generally be ordinarily resident in New Zealand and meet the hardship qualifications for Emergency Benefit.