Partner is overseas
If a client's partner is overseas and the couple still consider themselves to be in a marriage or civil union type relationship, you must take into consideration the partner's residence status and reasons for the partner being overseas before deciding the rate of payment.
Any income received by the partner overseas should be charged against the benefit rate whether or not they are included in the client's benefit.
For more information see:
If the partner cannot meet the qualifications for the benefit because the client is overseas, for example, they cannot meet their work obligations, they may be able to receive an Emergency Benefit.
For more information see:
- Emergency Benefit Qualifications
Partner detained overseas or missing
If the partner intends to live in New Zealand but has not yet arrived, they are not considered ordinarily resident and cannot be included in the client's benefit.
Where the client still considers themselves married, in a civil union or de facto relationship, the rate payable to the client is half the married, civil union or de facto rate.
A higher married, civil union or de facto rate is payable if the client has a dependent child. See:
Exception
If the partner cannot get to New Zealand due to circumstances beyond their control (for example they are detained in another country or overseas refugee camp or have applied for a visa that has not been granted) or they are missing or their whereabouts are unknown, the client in New Zealand can be paid the single or sole parent rate depending on their family circumstances.
Partners temporarily overseas
If the partner was resident in New Zealand but has left the country temporarily, they can be included in the client's benefit at grant, as they are considered ordinarily resident.
If the partner included in the benefit does not have work obligations, payment can only continue for the first 28 days from the entitlement date.
If the partner included in the benefit does have work obligations, payment cannot continue unless they have an approved travel reason.
If you are paying the partner while they are overseas, payment should be stopped from the beginning of the third week if the partner does not have work obligations and has not returned.
Partners overseas long-term
If a partner was resident in New Zealand but has left the country and has no definite plans to return (for example, they have been deported) they are not considered ordinarily resident and cannot be included in the benefit.
The rate payable to the client is half the married, civil union or de facto rate. The single or sole parent rate can only be paid where the marriage, civil union or de facto relationship no longer exists.
A higher married, civil union or de facto rate is payable if the client has a dependent child. See:
For more information see:
- Partners residence status
- Partner not permanently or lawfully resident in New Zealand
- Accommodation Supplement Partner overseas
- Accommodation Supplement Not permanently or lawfully resident in New Zealand
Legislation
- MSD may refuse or cancel benefit if person not ordinarily resident in New Zealand section 204 Social Security Act 2018
- General rule: benefit not payable while beneficiary absent from New Zealand section 219 Social Security Act 2018
- Factors affecting benefits: Absence from New Zealand regulations 139-144 Social Security Regulations 2018
- Determinations person is single or in de facto relationship section 8(2) Social Security Act 2018
