Mandatory review when child leaves young person's care suddenly

When the last child of a young person aged 16 to 19 leaves their care suddenly, MSD must do a mandatory review to determine if they meet the Parental Assistance Test from the effective date of the change.

The only exception is when MSD is advised of the change more than 20 working days after the effective date. When this happens, MSD must determine if the young person meets the Parental Assistance Test, but the mandatory review does not apply.

This means the child left the young person's care because of a sudden and uncontrollable change in circumstances beyond their control. For example, when a child suddenly goes into the care of Oranga Tamariki.

Note if the child did not leave care because of a sudden change beyond the young person's control, different mandatory review rules apply.

If possible, MSD must notify the young person of the review and the information they need to provide:

• at least 20 working days before the effective date and
• no later than 20 working days after the effective date

MSD does not have to notify the young person if Jobseeker Support Student Hardship is suspended or expired for another reason when the notice would usually be sent. Notice may be sent if the benefit is or will be resumed within 20 working days after the effective date and there is enough time for the young person to provide the information.

To allow the young person a reasonable period to adjust to their circumstances and gather the information for the Parental Assistance Test, they have 20 working days from the effective date to provide the information. During this time, Jobseeker Support Student Hardship is paid as a conditional payment.

MSD must continue paying Jobseeker Support Student Hardship until the earlier of:

• the 21st working day after the effective date or
• if the review is completed, the date the outcome is effective from

If the young person and their partner (if applicable) do not meet the Parental Assistance Test, any Jobseeker Support Student Hardship they get during the conditional period is a debt and must be recovered.

Note the rate paid during the conditional period must be a rate without a dependent child included.

When the young person does not provide the information for the review within 20 working days after the effective date:

• Jobseeker Support Student Hardship must be suspended from the 21st working day after the effective date if the young person is the primary client or
• the young person must be excluded from Jobseeker Support Student Hardship from the 21st working day after the effective date if they are the included partner

If the young person provides the information within 8 weeks of the effective date of the cancellation or partner exclusion, MSD must complete the mandatory review. However, if the primary client has not provided the information within 8 weeks after the effective date of the cancellation, MSD must cancel Jobseeker Support Student Hardship from that date.

The mandatory review is complete when MSD has:

• received the information needed for the review
• decided whether the young person meets the Parental Assistance Test
• determined their entitlement to and rate of Jobseeker Support Student Hardship and
• actioned the outcome of the review

The action MSD must take depends on who the Parental Assistance Test applies to and who meets it.

Primary client is the only young person

If the primary client is the young person and they meet the Parental Assistance Test and are eligible for Jobseeker Support Student Hardship, MSD must continue or resume it from the effective date.

If they do not meet the Parental Assistance Test, their Jobseeker Support Student Hardship must be cancelled from the effective date. Their partner can apply and may not have an initial stand down.

Partner is the only young person

If the partner is the young person and they meet the Parental Assistance Test, MSD must pay Jobseeker Support Student Hardship at the couple rate.

If they do not meet the Parental Assistance Test, they must be excluded from Jobseeker Support Student Hardship from the effective date.

Primary and partner are both young people

If the primary client and their partner are young people and both meet the Parental Assistance Test and are eligible for Jobseeker Support Student Hardship, MSD must continue or resume it from the effective date.

If only the primary client meets the Parental Assistance Test, the partner must be excluded from the effective date.

If the primary client does not meet the Parental Assistance Test, Jobseeker Support Student Hardship must be cancelled from the effective date. If their partner meets the Parental Assistance Test, they can apply and may not have an initial stand down.

Note if the primary client is 16 or 17 years old and their 18 or 19 year old partner does not meet the Parental Assistance Test, the test no longer applies to the primary client even if they did not meet the test.