298 Information matching to verify social security benefit matters

(1)

The purpose of this section is to facilitate the disclosure of information between the Department and the department of State for the time being responsible for the administration of the Social Security Act 1964 (the responsible department) for the purposes of verifying—

(a)

the entitlement or eligibility of any person to or for any benefit; or

(b)

the amount of any benefit to which any person is or was entitled or for which any person is or was eligible.

(2)

The chief executive of the Department and the chief executive of the responsible department may, for the purposes of this section, make arrangements between them in writing for the disclosure of information under this section and, in accordance with those arrangements, the chief executive of the responsible department may supply to the chief executive of the Department identifying information about any person who has applied to receive, is receiving, or has received a benefit.

(3)

The chief executive of the Department may—

(a)

compare any information he or she receives under subsection (2) with any information held by the Department that relates to the person; and

(b)

if the Department has immigration information about the person, and he or she is a person described in subsection (4), supply the information described in subsection (5) in relation to the person to an authorised officer in accordance with the arrangements made under subsection (2).

(4)

The person—

(a)

is a person who the chief executive of the Department believes is unlawfully in New Zealand; or

(b)

is a person on whom an immigration officer or a constable may serve a deportation order under section 175(1); or

(c)

is a person who is lawfully in New Zealand, but only by virtue of being the holder of a temporary entry class visa; or

(d)

is a person who has made a claim for recognition, or has been recognised, as a refugee or a protected person; or

(e)

is a person who has lodged an appeal against the decision of a refugee and protection officer to decline his or her claim for recognition as a refugee or a protected person; or

(f)

is a person whose appeal against the decision of a refugee and protection officer to decline his or her claim for recognition as a refugee or a protected person has been determined; or

(g)

is a person who has been deported (whether under this Act or the former Act) or removed under the former Act.

(5)

The information referred to in subsection (3) is as follows:

(a)

the person’s full name:

(b)

any aliases known to be used by the person:

(c)

the person’s date of birth:

(d)

the person’s nationality:

(e)

the person’s address:

(f)

the person’s immigration status, including—

(i)

the start date of any visa granted to the person; and

(ii)

the expiry date of any visa granted to the person:

(g)

whether the person has applied for a residence class visa and, if so, the date on which the application was made:

(h)

the date on which a deportation order was served on the person (if applicable):

(i)

the date of the person’s deportation from New Zealand (if applicable):

(j)

the date on which the person made a claim (if any) for recognition as a refugee or a protected person:

(k)

the decision of a refugee and protection officer in relation to the person’s claim (if any) for recognition as a refugee or a protected person and the date on which the decision was made:

(l)

whether the person has lodged an appeal against a decision referred to in paragraph (k) and, if so, the date on which the appeal was lodged:

(m)

the outcome of any appeal referred to in paragraph (l) and the date of the decision:

(n)

if the person is a refugee or a protected person, whether he or she has applied for a visa and, if so, the type of visa applied for and the date on which the application was made.

(6)

The chief executive of the Department and the chief executive of the responsible department may, for the purpose of this section, determine by agreement between them—

(a)

the frequency with which information may be supplied; and

(b)

the form in which information may be supplied; and

(c)

the method by which information may be supplied.

(7)

In this section,—

authorised officer means an officer, employee, or agent of the responsible department who is authorised by the chief executive of that department to receive information from the chief executive of the Department in accordance with this section

benefit has the same meaning as in section 3(1) of the Social Security Act 1964 but includes—

(a)

a lump sum payable under any of sections 61DB, 61DC, and 61DD of that Act; and

(b)

any special assistance granted out of a Crown Bank Account from money appropriated by Parliament under section 124(1)(d) of that Act

identifying information, in relation to a person, includes—

(a)

the person’s full name and gender:

(b)

any aliases known to the responsible department to be used by the person:

(c)

the person’s date of birth:

(d)

the person’s address.

Compare: 1987 No 74 s 141A

Section 298(4)(g): amended, on 7 May 2015, by section 76 of the Immigration Amendment Act 2015 (2015 No 48).