Social Security Act 1964

74A Persons unlawfully resident or present in New Zealand

  • (1) A person is not entitled to receive a benefit who is—

    • (a) unlawfully resident or present in New Zealand; or

    • (b) lawfully resident or present in New Zealand but only by virtue of holding a temporary entry class visa.

    (1A) Despite subsection (1), the chief executive may take either or both of the actions specified in subsection (1B) if the chief executive is satisfied that the person is—

    • (a) a person lawfully present in New Zealand who is awaiting the outcome of his or her claim for recognition as a refugee or a protected person; or

    • (b) a person who is recognised as a refugee or a protected person; or

    • (c) a person applying for a residence class visa under the Immigration Act 2009 who is compelled to remain in New Zealand because of unforeseen circumstances.

    (1B) The actions referred to in subsection (1A) are—

    • (a) grant the person an emergency benefit under section 61:

    • (b) grant the person temporary additional support under section 61G or, as the case requires, continue, under section 23 of the Social Security (Working for Families) Amendment Act 2004, a special benefit already granted to the person.

    (2) If subsection (3) applies to a person,—

    • (a) the rate of benefit payable to the person is the appropriate rate for a single person (and not the rate for a person who is married or in a civil union or in a de facto relationship); and

    • (b) the income and assets of both the person and the person's spouse or partner must be taken into account as the person's income and assets in determining the rate of benefit payable to the person.

    (3) Subsection (2) applies to—

    • (a) a person who applies for a benefit before the commencement of this subsection, and who is married to, or in a civil union or in a de facto relationship with, a person who is unlawfully resident or present in New Zealand; and

    • (b) a person, other than a person who is already in receipt of a benefit applied for before the commencement of this subsection that is being paid at the rate for a person who is married or in a civil union or in a de facto relationship, who applies for a benefit on or after that date, and who is married to, or in a civil union or in a de facto relationship with, a person who is—

      • (i) unlawfully resident or present in New Zealand; or

      • (ii) lawfully resident or present in New Zealand, but only by virtue of holding a temporary entry class visa.

    (4) Despite subsection (3)(b)(ii), subsection (2) does not apply to a person described in subsection (1A).

    (5) Subsection (2) applies despite anything in this Act or the Social Welfare (Transitional Provisions) Act 1990 or the New Zealand Superannuation and Retirement Income Act 2001 or Part 6 of the War Pensions Act 1954.

    Section 74A: inserted, on 1 March 1991, by section 29 of the Social Security Amendment Act 1991 (1991 No 1).

    Section 74A(1): replaced, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

    Section 74A(1A): replaced, on 25 February 2012, by section 4 of the Social Security Amendment Act 2012 (2012 No 18).

    Section 74A(1B): inserted, on 25 February 2012, by section 4 of the Social Security Amendment Act 2012 (2012 No 18).

    Section 74A(2): replaced, on 8 August 2001, by section 3 of the Social Security Amendment Act (No 2) 2001 (2001 No 44).

    Section 74A(2)(a): replaced, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 74A(2)(a): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 74A(2)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 74A(3): inserted, on 8 August 2001, by section 3 of the Social Security Amendment Act (No 2) 2001 (2001 No 44).

    Section 74A(3)(a): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 74A(3)(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 74A(3)(b): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 74A(3)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 74A(3)(b)(ii): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

    Section 74A(4): inserted, on 8 August 2001, by section 3 of the Social Security Amendment Act (No 2) 2001 (2001 No 44).

    Section 74A(4): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

    Section 74A(5): inserted, on 8 August 2001, by section 3 of the Social Security Amendment Act (No 2) 2001 (2001 No 44).

    Section 74A(5): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

    Section 74A(5): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).