15 Feb 2025

Can I get the pension if I'm convicted of a crime? - Ask Susan

5:04 pm on 15 February 2025
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Send your questions to susan.edmunds@rnz.co.nz

Can you tell me if a person who has been convicted can still receive the NZ pension?

If you've been convicted of a crime in the past, you can still access NZ Super when you reach 65, provided you meet the residency requirements.

But, as with other Government support, you generally can't get it if you are currently in prison.

Jayne Russell, group general manager of client service delivery at the Ministry for Social Development, said there was discretion to continue payments to someone in prison for up to two instalments.

"There is also discretion to continue all or part of a person's NZ Super payments to a partner or another person, to take into account a partner or children."

If there's a warrant out for your arrest, and the police consider you are a risk to public safety, the ministry can also stop your benefit.

We own a small rental property. We understand that we cannot ask about employment, spending habits or relationship status. Can we ask about the visa status of applicants? About one year back we asked this question of a young couple, and they disclosed that they were on visitor visas with only one to two months to expiry. One member of the couple did have a job application in process. We decided not to take the risk of renting to them, in case their job search was not successful and they had to leave the country.

Sarina Gibbon, general manager of the Auckland Property Investors Association said the Privacy Commissioner's guidance suggested landlords could only ask for visa or residency status if they were setting up a fixed-term tenancy.

"That is a general rule of thumb which will cover most but not all instances to do with a tenant applicant's visa status. The test is that the landlord should have a credible and valid through line between the information and the purpose for collection."

People who wanted more help could talk to their local property investor association - she offers training events to her members, she said.

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