Notice Type
Departmental
Notice Title

Direction Relating to Non-resident Spouses

To: The Chief Executive of the Ministry of Social Development
Pursuant to section 5 of the Social Security Act 1964, the Minister for Social Development and Employment gives
the following direction.
Dated at Wellington this 28th day of February 2005.
STEVE MAHAREY, Minister for Social Development and Employment.
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D i r e c t i o n
1. Title—This direction is the Direction Relating to Non?resident Spouses.
2. Commencement—This direction takes effect on the day after the date on which it is published in the New Zealand Gazette.
3. Interpretation—In this direction, Act means the Social Security Act 1964, and terms otherwise defined in the Act have the meanings so defined.
4. Application of direction—(1) This direction applies where, in relation to a person to whom subclause (2) applies, you are exercising the discretion in section 74 (1) (a) of the Act on the grounds that the person’s spouse is not ordinarily resident in New Zealand.
(2) This subclause applies to a person (person A)—
(a) who is:
(i) an applicant for a benefit; or
(ii) a beneficiary in receipt of a benefit; or
(iii) an applicant for special assistance under a welfare programme approved under section 124 (1) (d) of the Act that applies section 74 of the Act to the programme; or
(iv) a recipient of special assistance under a
welfare programme of the kind referred to
in subparagraph (iii); and
(b) who:
(i) is ordinarily resident in New Zealand; and
(ii) migrated to New Zealand with the intention
that he or she would be joined by his or her spouse; and
(c) whose spouse (person B)—
(i) is not ordinarily resident in New Zealand; and
(ii) is in one of the following situations:
(A) overseas and unable indefinitely to reside with person A in New Zealand because of circumstances beyond his or her control (for example, person B is detained in a refugee camp); or
(B) unable reasonably to be located and unable to be legally declared dead.
(3) This direction does not apply where you are satisfied there are sufficient grounds to regard person A and person B as unmarried under section 63 (a) of the Act.
5. Exercise of discretion under section 74 (1) (a)—(1) In the exercise of your discretion under section 74 (1) (a)
of the Act, you should take into account the circumstances referred to in clause 4 (2) (c) (ii), the financial needs of person A, his or her absence of choice in regard to the residence of person B, and any other matters you consider relevant to the circumstances.
(2) Without limiting your discretion under section
74 (1) (a) of the Act, you should generally consider that person A should receive the benefit or special assistance concerned at the rate for an unmarried person or, as the
case requires, a sole parent.
6. Apportionment of benefit—Where, in accordance with clause 5 (2), you determine that the rate of benefit or special assistance should be paid at the rate for an unmarried person or, as the case requires, a sole parent, you should, under section 83 (2) of the Act, allocate the proportion of the benefit payable to person A and person B in the ratio of 100:0.
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Explanatory Note
This note is not part of the direction, but is intended to indicate its general effect.
This direction provides that an ordinarily resident person whose overseas and not ordinarily resident spouse cannot reside with him or her in circumstances beyond his or her control, or who cannot be located, should generally receive a benefit or special assistance under a welfare programme at the appropriate unmarried or sole parent rate.