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Supported Living Payment : Contents

Partner's residence status

When a client has a partner, you must also check the partner's residence status because the rate of benefit payable depends on whether or not the partner is included.

The partner can be included in the benefit if they are:

Note a partner can only be included in Supported Living Payment if it is granted on the ground that the client is permanently and severely restricted in their capacity for work or totally blind. Partners cannot be included in Supported Living Payment if it is granted on the ground that the client is caring for a person who requires full-time care and attention.

Where the primary client is receiving Supported Living Payment on the ground that they are caring for a person who requires full-time care and attention, their partner (if any) may be eligible for a benefit in their own right.

For more information see:

If a partner has one of the following they cannot be included in the benefit:

  • a temporary entry visa granted under the Immigration Act 2009
  • a temporary permit granted under the Immigration Act 1987 (such as a visitor permit, a work permit or a student permit)

If the partner does not have a current permit or visa that allows them to remain in New Zealand then they are in New Zealand unlawfully and you cannot include the partner in the benefit, unless one of the exceptions listed below apply.

Where the partner is in New Zealand unlawfully or is not a permanent resident, pay the client at a single or sole parent rate taking into consideration all of the couple's income and assets.

Contact the Card Centre when granting the primary benefit to ensure that a Community Services Card is not issued to the non-resident partner.

Encourage the partner to follow up their residence status.

Exceptions

There are some situations where a partner is exempt and can be included in the benefit without having been granted permanent residence. These are:

  • a person lawfully present in New Zealand who is awaiting the outcome of their application for refugee or protection status in New Zealand or
  • a person who has refugee or protection status in New Zealand or
  • a person applying for a residence class visa under the Immigration Act 2009 who is compelled to remain in New Zealand through unforeseen circumstances or
  • an Australian citizen or resident as they are lawfully allowed in New Zealand without New Zealand citizenship or permanent residence

For more information see:

Legislation

  • MSD may refuse or cancel benefit if person not ordinarily resident in New Zealand section 204 Social Security Act 2018
  • Residential requirement section 16 Social Security Act 2018
  • General limitation on receiving benefit: persons unlawfully resident or present in New Zealand and persons holding temporary entry class visa section 19 Social Security Act 2018
  • Refugee or protected person status section 205 Social Security Act 2018
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A residence class visa means a:

A residence class visa allows people to live in New Zealand indefinitely. The visa also lets people work and study in New Zealand. There are different travel conditions based on the type of residence class visa.

Residence class visas are granted by Immigration New Zealand.

For the purpose of deciding if a person meets the residence criteria for financial assistance from MSD, people who ...

Permanent means the health condition, injury or disability your client has is expected to continue for at least 2 years. Your client's health condition, injury or disability is also considered permanent when they have been diagnosed with a terminal illness (where your client is not expected to live for more than 2 years).

Severely means that your client cannot regularly work 15 hours or more per week in open employment.

It is not possible to detail the circumstances under which this may occur. However, there must be very strong and compelling reasons why the client is unable to return to their country of origin.

Lack of funds should not be regarded as a reason for not being able to return. When the client originally arrived in New Zealand, a condition of entry would have required a return air ticket to their ...

A person can be a New Zealand citizen by either:

For New Zealand citizenship, New Zealand includes the self-governing states of:

Citizenship is granted by the Department of Internal Affairs.

Note people born in New Zealand, the Cook Islands, Niue, or Tokelau may not automatically be New Zealand citizens. To be considered a New Zealand citizen from birth, a person born on or after 1 January 2006 must have:

Temporary permits were granted before 29 November 2010 for visits, work or study. A temporary permit only allows a person to stay legally in New Zealand for the duration and purposes indicated on the permit.

Temporary permits granted under the Immigration Act 1987 continue to be valid until their expiry date.

Temporary entry class visas are issued to people who have arrived in New Zealand legally, but are only allowed to stay for a temporary period for the duration and purposes indicated on the visa.

A temporary entry class visa means:

Legislation