Paying benefit when client failed to advise of absence
Generally, clients receiving a main benefit must advise Work and Income of their intention to leave New Zealand prior to their departure to be eligible to continue to receive their payments.
If a client contacts Work and Income after they have left New Zealand, their benefit can only be resumed from:
- the date that they notified us of their absence and
- only if the travel is allowed
Backdating benefit to departure date (while still absent from New Zealand)
Where a client does not advise Work and Income of their intention to travel overseas before they leave New Zealand their benefit may be backdated to their departure date if they:
- have a humanitarian reason that justifies their reason for travel and their failure to tell Work and Income before they left and
- contacted Work and Income as soon as reasonably possible after they departed (taking into account the circumstances of the client) and
- meet the criteria to continue to be paid their benefit while overseas (either because they meet the criteria for approved travel, or the requirement that travel be approved does not apply to them)
Note this only applies if a client has contacted Work and Income while overseas. Payments cannot be back dated if the client advises Work and Income once they return from overseas.
For more information see:
Legislation
- Obligation to notify absence from New Zealand section 114 Social Security Act 2018
- General rule: benefit not payable while beneficiary absent from New Zealand section 219 Social Security Act 2018
- Regulations: factors affecting benefits: absence from New Zealand section 436 Social Security Act 2018
- Factors affecting benefits: absence from New Zealand Part 4, subpart 6 Social Security Regulations 2018
