Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698832679839.pdf (New Zealand)
Reprint as at 27 July 2012 Social Security Act 1964 Public Act Date of assent Commencement 1964 No 136 4 December 1964 see section 1(2) Contents Title Short Title and commencement Purpose Principles Part 1 Monetary benefits Administration [Repealed] Interpretation Delegation of powers by Minister [Repealed] Administration Social Security Department [Repealed] Chief executive to comply with directions Social Security Commission [Repealed] 1 1A 1B 2 3 3A 4 5 6 Page 19 19 19 20 21 21 56 56 56 57 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered by the Ministry of Social Development.
1 Social Security Act 1964 Reprinted as at 27 July 2012 7 8 9 10 10A 11 11A 11B Acting Commissioners [Repealed] Commissioners, Acting Commissioners, and other officers to be appointed under State Services Act 1962 [Repealed] Meetings of Commission [Repealed] Delegation of Director-General’s powers [Repealed] Review of decisions Power to obtain information Power to obtain information for matching purposes Code of conduct applying to obtaining information under section 11 11C Matters to be included in code of conduct Application process for benefits 11D Investigation of claims and grant of benefits 12 Appeal Authority Social Security Appeal Authority Term of office of members Extraordinary vacancies Special Appeal Authorities Deputies of members Remuneration and travelling allowances Services for Appeal Authority Authority to have seal Functions of Appeal Authority Right of appeal Procedure on appeal Expenses payable to appellants 12A 12B 12C 12D 12E 12F 12G 12H 12I 12J 12K 12L 12M Hearing and determination of appeal Sittings of Appeal Authority 12N 12O Costs 12OA Costs incurred by Authority Notice of decision 12P Appeals to High Court on questions of law only 12Q Appeals to Court of Appeal 12R Appeals to Supreme Court 12S National superannuation National superannuation [Repealed] Residential qualification for national superannuation [Repealed] Rates of national superannuation [Repealed] Special provisions in respect of married couples where one spouse not entitled to national superannuation [Repealed] 13 14 15
to national superannuation [Repealed] Reprinted as at 27 July 2012 Social Security Act 1964 26 27 Commencement and payment of national superannuation [Repealed] Termination of national superannuation on death of recipient [Repealed] Special allowance for South African War veterans [Repealed] Additional benefit for South African War veterans [Repealed] Widows’ benefits Widows’ benefits Benefits to wives of
 mental patients [Repealed] Benefits to deserted wives [Repealed] Rates of widows’ benefits Special provisions as to benefits to deserted wives [Repealed] Continuation of benefit to deserted wife after divorce [Repealed] Continuation of widow’s benefit when benefit ceases to be payable in respect of children [Repealed] Domestic purposes benefits Interpretation Domestic purposes benefits for solo parents Domestic purposes benefits for women alone Applicants for domestic purposes benefits for women alone to meet residential qualifications in section 74AA Continuation of benefit when benefit ceases to be payable in respect of children [Repealed] Special provisions as to maintenance [Repealed] Domestic purposes benefits for care at home of the sick or infirm Rates of domestic purposes benefits Contribution towards cost of domestic purposes benefits for solo parents [Repealed] Interpretation [Repealed] Maintenance order or agreement suspended while benefit is paid [Repealed] Liable parent to contribute towards cost of benefit and child supplement [Repealed] 27E 27F 27G 27H 27I 27J 27K 27A 27B 27BA Split custody 27C 27D 89 89 89 89 90 92 92 92 93 93 93 93 94 97 98 100 100 101 101 102 104 104 104 3 Social Security Act 1964 Reprinted as at 27 July 2012 27L Director-General to give liable parent notice of grant of benefit [Repealed] 104 27M Liable parent to notify Director General of gross earnings, 104 27N 27O 27P 27Q etc [Repealed] Director-General to assess contribution
 and notify liable parent [Repealed] Notice of objection [Repealed] Grounds on which objection may be made [Repealed] Procedure to be followed where objection received [Repealed] Hearing of objection by court [Repealed] Findings of court [Repealed] Appeal from decisions of courts [Repealed] Proceedings not open to public [Repealed] Restriction of publication of reports [Repealed] 27R 27S 27T 27U 27V 27W Costs [Repealed] 27X 27Y 27Z 27ZA Liability of employer [Repealed] 27ZB Protected earnings [Repealed] 27ZC
 Variation or discharge of deduction notice [Repealed] 27ZD Transaction fee [Repealed] 27ZE Wrongful treatment of employee [Repealed] 27ZF Extent to which deduction notices bind the Recovery of unpaid contributions [Repealed] Deduction notices [Repealed] Effect of deduction notices [Repealed] Crown [Repealed] 27ZG Relief in cases of serious hardship [Repealed] 27ZH Review of contributions [Repealed] 27ZI Service of notices, etc, by Director-General [Repealed] Orphans’ benefits Orphans’ benefits Unsupported child’s benefit Rates of orphan’s benefit and unsupported child’s benefit Period for which orphan’s benefit payable [Repealed] Orphan’s benefit and unsupported child’s benefit to be used for benefit of child Family benefits [Repealed] Family benefits [Repealed] Residential qualifications for family benefit [Repealed] Rate of family benefits [Repealed] 28 29 29A Reprinted as at 27 July 2012 Social Security Act 1964 35 36 37 38 39 Period for which family benefit payable [Repealed] Advance payments of family benefit [Repealed] Person to whom family benefit payable [Repealed] Family benefit to be expended for maintenance of children [Repealed] Payment of family benefit not to restrict right to maintenance, compensation, or damages [Repealed] Child disability allowance Child disability allowance Rate of child disability allowance 39A 39B 39C
 Medical examination may be required 39D Child disability allowance not payable with other benefit or pension Person to whom child disability allowance payable 39E 39F 40 41 42 42A 43 44 44A 45 46 47 48 49 50 51 52 53 Invalids’ benefits Purpose of invalid’s benefit Invalid’s benefit Residential qualifications for invalids’ benefits [Repealed] Rates of invalids’ benefits Obligations on spouse or partner of invalid’s beneficiary Subsidy on earnings of blind beneficiaries Medical examination of invalids
 Beneficiary receiving invalid’s benefit may establish whether open employment is sustainable Invalids’ beneficiaries may be required to undertake activities [Repealed] Refusal to undertake vocational training [Repealed] Work capacity assessment Procedure for assessment of capacity for work [Repealed] Assessment of capacity for work [Repealed] Content of assessment [Repealed] Effect of assessment [Repealed] Reassessment [Repealed] Funeral grant on death of miner [Repealed] Miners’ widows’ benefits [Repealed] 53A Right of appeal on medical grounds Appeals 54 Sickness benefit: standard eligibility requirements Sickness benefits Social Security Act 1964 Reprinted as at 27 July 2012 Sickness benefit: grounds of hardship Sickness benefit: medical examinations Sickness benefit: payment [Repealed] Rates of sickness benefits 54A 54B 54C 54D 54DA Sickness beneficiary may be required to comply with work test Obligations of spouse or partner of sickness beneficiary Transfer from community wage to sickness benefit on 1 July 2001 Rates of sickness benefits [Repealed] Medical examination of applicants for sickness benefits [Repealed] Period for which sickness benefit payable [Repealed] 54E 54F 55 56 57 Unemployment benefits [Repealed] Unemployment benefits [Repealed] Rates of unemployment benefits [Repealed] 58 59 59A Mandatory interview or work test for spouse
 [Repealed] Young job seekers’ allowances [Repealed] 59B 59C 59D 59E 60 Young job seekers’ allowances [Repealed] Rates of young job seekers’ allowances [Repealed] Spouse of young job seeker’s allowance recipient [Repealed] Period for which young job seeker’s allowance payable [Repealed] Commencement of unemployment benefit, etc [Repealed] Training benefits Training benefits: purpose [Repealed] 60A 60AA Training benefits: qualifications [Repealed] Rates of training benefits [Repealed] 60B Period for which
 training benefit payable [Repealed] 60C Job search allowance [Repealed] 60D Rates of job search allowance [Repealed] 60E Independent youth benefits: basic qualifications 60F 60FA Independent youth benefits: single persons 60FB Independent youth benefits: persons who are married, in civil union, or de facto relationship 60FC Independent youth benefits: persons enrolled in full-time course of secondary instruction 60FD Independent youth benefits: sickness, injury, or disability Reprinted as at 27 July 2012 Social Security Act 1964 Rates of independent youth benefit 60G 60GAA Period for which independent youth benefit payable [Repealed] 60GAB Independent youth benefits: obligations 60GAC Department to explain obligations to beneficiaries Further conditions of benefits 60GA Purposes of sections 60H to 60M [Repealed] 60H Voluntary unemployment or loss of employment through misconduct, etc 60HA Work preparation exercise 60HB Effect of failure to attend or participate in mandatory interview [Repealed] 60HC Beneficiaries to be work-tested [Repealed] 60HCA General duty of Director-General to ensure that work-tested beneficiaries aware of obligations [Repealed] 60HD Power of Director-General to grant exemption from mandatory interview or work test [Repealed] 135 135 135 136 137 137 140 140 141 141 141 60HE Persons exempted from mandatory interview or work
 test 141 to notify change of circumstances [Repealed] 60HF Delay of work test obligation for existing 60I beneficiaries [Repealed] Effect of redundancy payments, etc, on entitlement to benefits [Repealed] Failure to comply with work test [Repealed] 60J 60JA Penalty for failure to attend or participate in mandatory interview or comply with work test [Repealed] 141 141 141 142 60JB Effect of recompliance with mandatory interview or work 142 test [Repealed] 60JC Reduction of benefit or non-entitlement period
 to end if 142 person ceases to be subject to mandatory interview or work-testing [Repealed] Effect of undertaking employment [Repealed] 60K 60KA Effect of participation in approved activities [Repealed] Effect of sections 60H to 60J and section 60N 60L on entitlement to supplementary benefits and on spouses [Repealed] 60M Community task force scheme [Repealed] 60N Effect of failure to participate in community task force project [Repealed] Interpretation Purpose of sections 60Q to 60Z Employment plans 60O 60P 60Q 142 142 142 142 143 143 144 144 7 Social Security Act 1964 Reprinted as at 27 July 2012 60R 60S 60T 60U 60V Developing and reviewing employment plans Beneficiary must demonstrate commitment to employment plan at review Department must explain rights and obligations in relation to employment plans Failure to comply with employment plan obligations Procedure for determining whether failure is without good and sufficient reason 60W Failure without good and sufficient reasons Procedure for imposing sanctions 60X Sanctions for failure to comply with obligations in relation 60Y to employment plan Effect of compliance or agreement to comply 60Z 61 61A 61B Emergency benefits Chief executive may grant emergency benefit in cases of hardship Obligations of spouse or partner of person granted emergency benefit Special provisions in respect of child supplements [Repealed] Special provisions in respect of inadequate maintenance 61C 61CA Maintenance payable to Crown
 Epidemics 61CB Payment of benefits during epidemic in New Zealand 61CC Granting of emergency benefits during epidemic in New Zealand 61CD During epidemic benefits may be granted without normal investigations 61CE Overseas epidemics affecting visitors to New Zealand 61CF Special assistance for visitors affected by overseas epidemics Lump sum payments after death Interpretation 61D 61DA Restrictions on payment of funeral grants 61DB Payment of funeral grants where there is a surviving spouse or partner or
 children 61DC Payment of funeral grants where there is no surviving spouse or partner or children 61DD Children’s funeral grants 61DE Method of making payments 61DF Method of making payments [Repealed] 8 148 150 152 153 154 155 156 157 158 159 161 162 163 163 164 166 167 167 167 168 169 170 171 172 172 173 Reprinted as at 27 July 2012 Social Security Act 1964 61DG Applications for lump sum payments after death [Repealed] Accommodation supplement Interpretation 61DH Purpose of accommodation supplement 61E 61EA Accommodation supplement 61EB Special rules for joint tenants who are married, in civil Rates of accommodation benefit [Repealed] union, or de facto relationship 61EC Rates of accommodation supplement 61F 61FA Rent rebate entitlement [Repealed] 61FB Rate of rebate [Repealed] 61FC Tenure protection allowance [Repealed] 61FD Rate of tenure protection allowance [Repealed] 61G Temporary additional support Temporary additional support 61GA Childcare assistance Childcare assistance Alteration of rates of benefits 61H Rates of benefits, etc, may be increased by Order in Council 61HA Annual CPI adjustment of rates of certain benefits 61I Areas for accommodation supplement purposes may be altered by Order in Council Miscellaneous provisions as to monetary benefits Grant of benefit after death of applicant Conjugal status for benefit purposes Provisions relating to children who continue education Mode of ascertaining income for benefit purposes Adjustment of anomalies
 due to receipt of income subject to income tax [Repealed] Exemption of income from friendly or like society Special exemption for severe disablement Redundancy and retirement payments not to be taken into account in determining rates of benefits Exemption of income from domestic or nursing service [Repealed] Exemption of income from former home property Special provisions applying to insurance payments 62 63 63A 64 65 66 66A 66B 67 68 68A 173 174 174 179 181 181 183 184 184 184 184 184 186 187 189 190 191
 192 193 193 195 195 196 197 197 197 198 9 Social Security Act 1964 Reprinted as at 27 July 2012 69 Power to increase rates of benefits payable to parents of deceased members of the forces or mercantile marine Telephone-service-rental allowance [Repealed] Television-licence-fee concessions [Repealed] Disability allowance Transition to work allowance [Repealed] Interpretation [Repealed] Financial means assessments [Repealed] 69A 69B 69C 69D 69E 69F 69FA Financial means assessments for home-based disability support services 69G 69H 69I 70 70A 70B 71 71A 72 73 Overseas pensions Reasonable steps to be taken to obtain overseas pension Information on rate of overseas pension to be provided Duty of chief executive to assist Rate of benefits if overseas pension payable Rates of benefits for sole parents may be reduced Entitlement to benefits in cases of shared custody Special provisions where compensation or damages recoverable by applicant Deduction of weekly compensation from income-tested benefits Limitation where applicant receiving another benefit or war pension Limitation where applicant entitled to claim under Family Protection Act 1955 Limitation in certain other cases 74 74AA Residential requirements for certain benefits 74A 75 75A Persons unlawfully resident or present in New Zealand Beneficiaries in hospital Beneficiaries in institutions under Alcoholism and Drug Addiction Act 1966 Forfeiture of benefit during detention in a prison Effect of absence of
 beneficiary from New Zealand Effect of absence of beneficiary from New Zealand on residential qualification Persons liable for income tax on earnings while employed overseas deemed to be resident in New Zealand Commencement of benefits 80 80AA Minister may allow back-dating of benefit where earlier 76 77 78 79 failure to grant it based on error Duty to advise change of circumstances affecting entitlement to benefit 80A 10 201 202 202 202 208 208 208 208 213 217 219 219 225 229 230 232 233 235 236 238 239 241 244
 244 246 249 249 250 254 256 Reprinted as at 27 July 2012 Social Security Act 1964 Interpretation 80B 80BA Calculation of stand down 80BB Delayed redundancy and retirement payments 80BC Seasonal workers made redundant after benefit commences 80BD Ending of benefits 80C Effect of sections 60H to 60M and section 80BA on entitlement to supplementary benefits and on spouses or partners Benefit applications by claimants under Accident Compensation Act 2001 Review of benefits Payment of benefits Duty to supply tax file number and consequence of failure to do so Apportionment of benefit between spouses or partners Tax on benefits Benefits to be inalienable Payment of benefit not to restrict right to maintenance Termination of benefit on death of beneficiary [Repealed] Payments that are debts due to the Crown Recovery of payments made in excess of authorised rates Deduction of benefit debts Issue of deduction notice to State sector employer Discharge of debt Deduction notices issued on banks Deductions held in trust Offences in relation to deduction notices Protected earnings Variation or discharge of deduction notice Penalty for late deductions Notices Validation of benefit payments and other payments in respect of certain children in care 80D 81 82 82A 83 83A 84 84A 85 85A 86 86A 86B 86C 86D 86E 86F 86G 86H 86I 86J 86K Part 1A Family care grants [Repealed] Renewal of family care grants [Repealed] 86L 86M Duty to advise change of circumstances, etc, affecting entitlement
 to grant [Repealed] 86N Method of ascertaining income [Repealed] 86O Overpayments [Repealed] Social Security Act 1964 Reprinted as at 27 July 2012 86P Application to family care grants of certain provisions of Part 1 [Repealed] Part 2 Unemployment benefit and work testing 87 88 88A Purposes of this Part [Repealed] Overview of this Part [Repealed] Interpretation 89 90 91 92 93
 93A 94 94A 95 96 96A 96B Unemployment benefit Unemployment benefit: standard eligibility requirements Unemployment benefit: grounds of hardship Unemployment benefit: ineligibility Community wage: application on grounds of sickness, injury, or disability [Repealed] Community wage: determination of application [Repealed] Additional fees for general medical services on public holidays and at night [Repealed] Community wage: job seeker contract [Repealed] Rural practice bonuses [Repealed] Job seeker contract for other beneficiaries [Repealed] Community wage: not payable until job seeker contract signed [Repealed] Unemployment benefit: pre-benefit activities Department must explain obligations in relation to pre-benefit activities Unemployment benefit: obligations on beneficiaries Immunisation benefit [Repealed] Unemployment benefit: payment Unemployment benefit: rates 97 97A 98 99 99AA Unemployment benefit: expiry 99AB Unemployment benefit: requirements for re-grant 99A Transfer from community wage to unemployment benefit on 1 July 2001 Department’s obligations in respect of work testing and community wage [Repealed] 100 100A Extension of power of use by Crown of patented invention [Repealed] Work test Purpose of sections 102 to 123D Application of work test 101 102 102A Work test obligations 12 293 293 293 294 294 296 297 297 298 298 298 298 298 298 298 300 301 301 301 302 303 304 306 307 307 307 308 308 Reprinted as at 27 July 2012 Social Security Act 1964 103 104
 Delayed application of work test: age of dependent child [Repealed] Delayed application of work test: bereavement or separation [Repealed] 104A Transitional provision dealing with deferrals 105 Exemption from obligations Job seeker agreements [Repealed] 105A Description of job seeker agreement and responsibilities arising from it [Repealed] 105B Entering into and reviewing job seeker agreement [Repealed] 105C Department to explain to beneficiaries their rights and obligations 105D Job seeker contracts to have
 effect as job seeker agreements [Repealed] 106 107 108 109 110 111 112 Deferral of work-test obligations [Repealed] Application for deferral of work-test obligations [Repealed] Chief executive may defer work-test obligations [Repealed] Effect of deferral [Repealed] Persons who are to notify change of circumstances affecting exemption or deferral [Repealed] Job seeker development activities [Repealed] Defining job seeker development activities [Repealed] Assistance provided by department Organised activities to have effect as job seeker development activities [Repealed] Sanctions regime Procedure for imposing sanctions Notices Failure to comply with work test 113 114 115 115A Failure to comply with obligations under section 60GAB Failure to participate in activity under section 116 60HA [Repealed] Sanctions that may be imposed for failures 117 310 310 311 311 313 313 313 314 314 314 314 314 315 315 316 316 317 318 319 319 320 13 Social Security Act 1964 Reprinted as at 27 July 2012 118 Penalties for failure to participate in organised activity to satisfaction of chief executive [Repealed] Calculation of failure rate 119 120 Modified effect in some cases of sanctions on rate of benefit for people married or in civil union or de facto relationship 120A Costs incurred by Authority [Repealed] 121 Effect of sanctions on benefit of sole parent General provisions 122 Meaning of recompliance 123 Effect of ceasing to be subject to obligation to comply with section 60HA or
 obligations under section 60GAB or work test 123A Effect of employment on non-entitlement period 123B Effect of participation in certain activities on non-entitlement period 123C Application of Health and Safety in Employment Act 1992 and Human Rights Act 1993 123D Regulations Part 3 General provisions 123E Services to encourage young persons to move to education, training, and employment 123F Chief executive may enter into information-sharing agreement with chief executive of Ministry of Education 123G
 Consultation on proposed agreement 123H Agreements to be reviewed after 3 years 124 Money payable out of Crown Bank Account 124A Payment of supplementary assistance may be deemed an 125 advance [Repealed] Advances to beneficiaries and war pensioners for repair or maintenance of home, etc [Repealed] 125A Chief executive may contract with service providers 125B Contracts with service providers: contents and form 125E Chief executive may adopt existing contracts Complaints to Privacy Commissioner 125I 126 Cost of repair and replacement of artificial limbs 126A Information on beneficiaries and former beneficiaries may be disclosed to Ministry of Justice for fines enforcement purposes 14 321 321 322 324 324 324 325 326 326 328 329 329 330 330 331 332 335 335 335 336 336 337 337 338 Reprinted as at 27 July 2012 Social Security Act 1964 126AB Disclosure of personal information to Registrar-General for birth registration purposes 126B Certain grounds of discrimination in Human Rights Act 1993 not to apply Offences Proceedings for offences General penalty for offences Exemptions from stamp duty [Repealed] Declarations 127 128 129 130 131 131A Disclosure of information between Department of Social Welfare and Department of Labour [Repealed] 131B Definitions for purposes of sections 131C and 131D [Repealed] 131C Notice of decision to suspend, reduce, or cancel work-tested benefit [Repealed] 131D Reduction of notice period [Repealed] 131E Notices [Repealed] 131F 131G Privacy
 Commissioner to report on compliance with Jurisdiction of Privacy Commissioner [Repealed] section 131C [Repealed] Regulations 132 132AA Regulations exempting items from treatment as income or cash assets may have retrospective effect 132AB Regulations relating to temporary additional support 132A Regulations providing for issue and use of entitlement cards 132AC Regulations relating to childcare assistance 132B Regulations providing for assessment of financial means of people requiring disability services
 [Repealed] 132C Regulations relating to overseas pensions 132D Regulations exempting income and assets from assessment of financial means of people requiring certain disability services 132E Regulations relating to work capacity assessment [Repealed] 132F Regulations providing for participation allowance 132G Regulations providing for remittance or suspension of debt 132H Rules providing for determination of incomes of certain 132I people by chief executive Rules relating to determination by chief executive of deprivation of property or income 340 341 341 343 343 343 343 344 344 344 344 344 344 345 345 345 345 347 349 352 352 355 355 355 356 357 358 15 Social Security Act 1964 Reprinted as at 27 July 2012 Regulations stating pre-benefit activities 132J 132K Regulations relating to advance payments of benefit 133 134 135 Annual reports Consequential amendment [Repealed] Repeals and savings Part 4 Long-term residential care in hospital or rest home 136AA Purpose of this Part 136AB Overview of this Part Interpretation 136 137 138 139 140 141 142 143 Needs assessment Needs assessment Effect of being assessed as requiring long-term residential care in hospital or rest home indefinitely Liability to pay Personal obligation to pay for care Funder’s liability in respect of persons whose assets are above applicable asset threshold or who have not been means assessed Funder’s liability in respect of persons whose assets are equal to or below applicable asset threshold
 Funder’s liability in respect of exempt persons and elderly victims of crime Residents assessed as requiring care aged 50 to 64 not required to pay out of assets Means assessment Application for means assessment Date of means assessment 144 145 146 Means assessment as to assets 147 Means assessment as to income 147A Deprivation of assets and income 148 149 Notice of means assessment (including reviews) Obligation to advise change of circumstances and right to apply for review Review of means assessment Conjugal
 status for purpose of means assessment 150 151 152 Maximum contributions set by Gazette notice 153 Residential care loan scheme Miscellaneous 16 359 359 360 360 360 361 362 363 366 367 367 368 369 369 370 371 371 372 372 373 374 374 375 377 378 378 Reprinted as at 27 July 2012 Social Security Act 1964 154 155 Clothing allowance Regulations relating to this Part Schedule 1 Rates of superannuation benefits [Repealed] Schedule 2 Rates of age benefits [Repealed] Schedule 3 Rates of widows’ benefits Schedule 4 Maximum rates of orphans’ benefits and unsupported childs’ benefits Schedule 5 Rates of family benefits [Repealed] Schedule 6 Rates of invalids’ benefits Schedule 7 Rates of miners’ benefits and miners’ widows’ benefits [Repealed] Schedule 8 Rates of benefit payable to person receiving a sickness benefit immediately before 1 July 1998 [Repealed] Schedule 9 Rates of unemployment benefits and sickness benefits Schedule 10 Special income exemption in respect of sick benefits from friendly or like society (New Zealand superannuation payable under section 16, invalids’, widows’, domestic purposes, and sickness benefits only) Schedule 11 Special income exemption in respect of earnings from domestic and nursing service [Repealed] 379 379 383 383 383 384 384 385 387 387 388 392 392 17 Social Security Act 1964 Reprinted as at 27 July 2012 Schedule 12 Maximum increase in rate of benefit payable to parent of deceased member of forces or mercantile marine Schedule 13
 Enactments repealed Schedule 14 Child supplements [Repealed] Schedule 15 Maximum rate of rehabilitation allowance [Repealed] Schedule 16 Rates of domestic purposes benefits Schedule 17 Rates of domestic purposes benefits Schedule 18 Accommodation supplement Schedule 19 Rates of child disability allowance and disability allowance Schedule 20 Rates of contributions by liable parents to cost of domestic purposes benefit [Repealed] Schedule 21 Rates of family care grants [Repealed] Schedule 22 Rates of benefits
 payable to long-term hospital patients Schedule 23 Transition to work allowance [Repealed] Schedule 24 Rates of national superannuation [Repealed] 392 393 396 396 396 397 399 412 413 413 414 415 415 18 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 25 Rate of telephone-service-rental allowance [Repealed] Schedule 26 Rates of independent youth benefits Schedule 27 Means assessment under Part 4 Schedule 28 Period of benefit stand down Schedule 29 Powers, functions, and discretions of the Director-General that may be delegated to the chief executive of the Department of Labour [Repealed] Schedule 30 Method of calculating ability to make payments towards costs of home-based disability support services under section 69FA Schedule 31 Asset and income limits that may be applied to certain assistance s 1A 415 416 416 423 425 426 428 An Act to consolidate and amend the Social Security Act 1938 and its amendments 1 (1) (2) Short Title and commencement This Act may be cited as the Social Security Act 1964.
This Act shall come into force on 1 April 1965.
1A Purpose The purpose of this Act is— (a) to enable the provision of financial and other support as appropriate— (i) to help people to support themselves and their dependants while not in paid employment; and 19 s 1B Social Security Act 1964 Reprinted as at 27 July 2012 (ii) (iii) to help people to find or retain paid employment; and to help people for whom work may not cur- rently be appropriate because of sickness, injury, disability, or caring responsibilities, to support themselves and their dependants: (b) (c) to enable in certain circumstances the provision of fi- nancial support to people to help alleviate hardship: to ensure that the financial support referred to in para- graphs (a) and (b) is provided to people taking into ac- count— (i) that where appropriate they should use the re- sources available to them before seeking finan- cial support under this Act; and any financial support that they are eligible for or already receive, otherwise than under this Act, from publicly funded sources: (ii) (d) to impose administrative and, where appropriate, work- related requirements on people seeking or receiving fi- nancial support under this Act.
Section 1A: inserted, on 24 September 2007, by section 23 of the Social Security Amendment Act 2007 (2007 No 20).
Principles Every person exercising or performing a function, duty or power under this Act must have regard to the following gen- eral principles: (a) work in paid employment offers the best opportunity for people to achieve social and economic well-being: the priority for people of working age should be to find and retain work: people for whom work may not currently be an appro- priate outcome should be assisted to plan for work in the future and develop employment-focused skills: people for whom work is not appropriate should be sup- ported in accordance with this Act.
(b) (c) (d) Section 1B: inserted, on 24 September 2007, by section 23 of the Social Security Amendment Act 2007 (2007 No 20).

1B 20 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 3 2 3 (1) Part 1 Monetary benefits Administration [Repealed] Section 2: repealed, on 1 October 1998, by section 11 of the Employment Ser- vices and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Interpretation In this Act, unless the context otherwise requires,— activity in the community means an activity associated with a community project under the supervision of a sponsor who is contracted by the chief executive to provide the activity Appeal Authority or Authority means the Social Security Appeal Authority established under section 12A; and includes any Special Social Security Appeal Authority established under section 12D applicant, in relation to any benefit, means a person by whom or on whose behalf an application is made for the benefit; and, where the context so requires, includes a beneficiary application means an application for a benefit average wage means, at any time, the before tax average or- dinary time weekly wage (all sectors, male and female com- bined) as specified in— (a) the latest Quarterly Employment Survey published by Statistics New Zealand; or if the survey referred to in paragraph (a) ceases to be published, a survey certified by the Government Statis- tician as an equivalent survey to the survey referred to in that paragraph (b) beneficiary means a person who has been granted a benefit; and includes a person in respect of whom a benefit or part of a benefit has been granted benefit— (a) means a monetary benefit payable under this Part or Part 2; and [Repealed] includes— (aa) (b) 21 Part 1 s 3 Social Security Act 1964 Reprinted as at 27 July 2012 (i) (ia) (ii) (iii) New Zealand superannuation payable under the New Zealand Superannuation and Retirement Income Act 2001 and
 veterans’ pensions payable under Part 6 of the War Pensions Act 1954: [Repealed] a living alone payment payable under the New Zealand Superannuation and Retirement Income Act 2001 and a living alone payment payable under Part 6 of the War Pensions Act 1954: an accommodation supplement payable under section 61EA: a child disability allowance under section 39A: (iv) (iva) childcare assistance payable under section 61GA: (ivb) temporary additional support payable under sec- (v) tion 61G: a disability allowance
 payable under section 69C; but [Repealed] (va) [Repealed] (vi) (vii) [Repealed] (viii) [Repealed] does not include a lump sum payable under section 61DB or section 61DC or section 61DD (c) capacity for work means, in relation to any person, the per- son’s capacity to engage in employment, as determined hav- ing regard to any sickness, injury, or disability the person may have ceased, in relation to a person’s employment, means— (a) subject to paragraph (b), the date on which the person’s employment terminates; or if in relation to the termination of employment the per- son receives— (i) (b) any payment in lieu of notice terminating the em- ployment of the person; or any holiday pay; or any payment in lieu of accumulated leave; or any payment contingent on the completion of a fixed-term engagement; or (ii) (iii) (iv) 22 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 3 (v) any retirement payment (as defined in section 80B(3)),— a date which is the number of days (excluding Saturdays and Sundays) after the date on which the person’s em- ployment terminated which is equal to the nearest whole number produced by dividing the aggregate amount of any such payments by the amount of the person’s nor- mal daily wage or salary before termination of his or her employment aged 16 years or 17 years; and financially independent chief executive means, subject to any enactment, the chief executive of the department that is, with the authority of the Prime Minister,
 for the time being responsible for the admin- istration of this Act child means a single person under the age of 18 years, other than a person who is— (a) (b) Commonwealth country means a country that is a member of the Commonwealth of Nations; and includes every territory for whose international relations the Government of any such country is responsible contract of insurance includes a contract or an arrangement that, in the opinion of the chief executive, is similar to or anal- ogous with a contract of
 insurance date of first contact, in relation to a person’s application for a benefit, means the date on which the department first received from the person (or some other person acting on the person’s behalf) the oral or written request for financial assistance that led to the making of the application debt insurance payment, in relation to a person, means a payment made, or the value of any credit provided, on the occurrence of a contingency— (a) under a contract of insurance or by reason of the per- son’s membership of any society, organisation, or body whether corporate or unincorporate; and to the person or to some other person on behalf of or for the benefit of the person; and (b) 23 Part 1 s 3 Social Security Act 1964 Reprinted as at 27 July 2012 (c) for the sole purpose of, and used for, repaying or pay- ing any amounts on account of any existing debt of the person dentist means a health practitioner who is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dentistry department means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act dependent child, in relation to any person,— (a) means a child— (i) whose care is primarily the responsibility of the person; and (ii) who is being maintained as a member of that per- son’s family; and (b) (c) (d)
 (iii) who is financially dependent on that person: does not include a child in respect of whom payments are being made under section 363 of the Children, Young Persons, and Their Families Act 1989: despite paragraph (b), includes a child or a young per- son (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989)— (i) of whom the person is a parent within the mean- ing of that Act; and to whom section 361 of that Act applies; and (ii) (iii) who, under section 362 of that Act, is
 placed in the charge of the person: for the purposes only of Schedules 3, 6, 9, 16, 17, and 18, does not include a child in respect of whom an or- phan’s benefit or an unsupported child’s benefit is being paid disability services has the same meaning as disability support services in section 6(1) of the New Zealand Public Health and Disability Act 2000 district health board means a district health board established by or under section 19 of the New Zealand Public Health and Disability Act 2000 24 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 3 document means a document in any form; and includes— (a) (b) any writing on any material: any information recorded or stored by means of any tape recorder, computer, or other device; and any material subsequently derived from information so recorded or stored: any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means: any book, map, plan, graph, or drawing: any photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced (c) (d) (e) domestic epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006 stating that the application of this Act is modified in order to deal with the practical effects of the outbreak of the disease referred to in the notice employment
 means paid employment employment plan has the meaning specified in section 60O employment required to satisfy the work test means,— (a) (b) for a part-time work-tested beneficiary, part-time work: for any other work-tested beneficiary, full-time employ- ment existing debt, in relation to a person, means a debt or liability of the person in existence on the date on which a contingency occurs that gives rise to a right or eligibility of the person to re- ceive a payment under a contract of insurance or by
 reason of the person’s membership of any society, organisation, or body whether corporate or unincorporate whether or not the debt or liability is due for payment on that date; but does not include a liability in connection with the future supply of goods or ser- vices or transport or accommodation to the person or a member of his or her family financially independent, in relation to a person, means— (a) in full employment; or 25 Part 1 s 3 Social Security Act 1964 Reprinted as at 27 July 2012 (b) (c) in receipt of a basic grant or an independent cir- cumstances grant under the Student Allowances Regulations 1998 (SR 1998/277); or in receipt of payments under a Government-assisted scheme which the chief executive considers analogous to a benefit; or in receipt of a benefit under this Act (d) friendly society means any friendly society or branch thereof registered under the Friendly Societies and Credit Unions Act 1982 full employment or full-time employment, in relation to any person, means— (a) employment under a contract of service or apprentice- ship which requires the person to work, whether on time or piece rates, no less than an average of 30 hours each week; or self-employment of the person in any business, profes- sion, trade, manufacture, or undertaking carried on for pecuniary profit for no less than an average of 30 hours each week; or employment of the person for any number of hours which is regarded as full-time employment for the pur- poses of any
 award, agreement, or contract relating to that employment (b) (c) full-time student means a person enrolled in a full-time the Student Allowances course within the meaning of Regulations 1998, and includes a person who, during an academic year that has just ended or is about to end, was so enrolled and who intends to so enrol in the next academic year funder has the same meaning as in section 20 of the Health and Disability Services Act 1993 Government occupational pension— (a) means a benefit, pension, or
 periodical allowance paid by or on behalf of the Government of any country to a person by reason of— (i) a period of employment, direct or indirect, by that Government of that person or that person’s deceased spouse or partner or that person’s de- ceased parent; or 26 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 3 (ii) a period of service to that Government (includ- ing, without limitation, service in the armed forces, service in the police, and service as a judicial officer or other person acting judicially) by that person or that person’s deceased spouse or partner or that person’s deceased parent; but (c) (d) (b) does not include any part of that benefit, pension, or periodical allowance that is paid by the Government of that country by reason of anything other than that period of employment or service; and does not include any part of that benefit, pension, or periodical allowance to which the Government of that country contributes by reason of anything other than that period of employment or service; but does not include a benefit, pension, or periodical allow- ance of the kind set out in paragraph (a) if the person would have been entitled to receive a similar benefit, pension, or periodical allowance paid by, or on behalf of, the Government of that country under a scheme or other arrangement in respect of persons who were not employees or in the service of that Government health or disability insurance payment, in relation to a per- son, means a payment made, or the value of any credit or ser- vice provided, on the occurrence of a contingency— (a) under a contract of insurance, or by reason of the per- son’s membership of any society, organisation, or body whether corporate or unincorporate, that provides for the payment or reimbursement of the costs of health or disability care for the person or a member of his or her family; and to the person or to some other person on behalf of or for the benefit of the person or a member of his or her family—
 (b) and used for paying or reimbursing those costs health practitioner means a person who is, or is deemed to be, registered with an authority as a practitioner of a particular health profession under the Health Practitioners Competence Assurance Act 2003 27 Part 1 s 3 Social Security Act 1964 Reprinted as at 27 July 2012 (b) hospital means a hospital care institution as defined in section 58(4) of the Health and Disability Services (Safety) Act 2001 income, in relation to any person,— (a) means any money received or the value in money’s worth of any interest acquired, before income tax, by the person which is not capital (except as hereinafter set out); and includes, whether capital or not and as calculated before the deduction (where applicable) of income tax, any periodical payments made, and the value of any credits or services provided periodically, from any source for income-related purposes and used by the person for in- come-related purposes; and except where section 71A(2) applies, includes, whether capital or not and as calculated before the deduction (where applicable) of income tax,— (i) income-related insurance pay- (c) (ii) (iii) any periodical ments; and any lump sum income-related insurance payment to the extent of the income lost by the person as a result of, and within a period of 10 weeks from, the occurrence of the contingency in respect of which the payment was made; and any payment referred to in subparagraph (i) or subparagraph (ii) which
 the person would have been entitled to receive under an accident insur- ance contract within the meaning of section 13 of the Accident Insurance Act 1998 but for the existence of a risk sharing agreement referred to in section 185 of that Act (as it read immediately before its repeal by section 7 of the Accident In- surance Amendment Act 2000); and includes— (i) (ii) any payment relating to a situation involving a seasonal layoff: any payment contingent on the completion of either a fixed-term engagement or
 an engagement to complete work specified in a contract: (d) 28 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 3 (iv) (iii) any payment in lieu of notice terminating em- ployment: any payment (including holiday pay) which, if it had not been made in relation to termination of employment, would, in the opinion of the chief executive, have been paid so as to constitute monetary remuneration of the employee: (iva) any parental leave payments paid under Part 7A of the Parental Leave and Employment Protec- tion Act 1987: any payment in relation to termination of em- ployment made by a company pursuant to its art- icles of association or constitution to any of its directors; and (v) (e) (f) includes, as calculated before the deduction (where ap- plicable) of income tax, the value of any goods, ser- vices, transport, or accommodation supplied on a regu- lar basis to the person by any other person; but— does not include— (i) any benefit, grant, allowance, or concession received under this Act or the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or the New Zealand Superannuation and Retirement Income Act 2001, including the value of any benefit under Part 2: any pension or allowance under the War Pensions Act 1954 received by any person by reason of his or her own disablement: any pension received under Part 2 or Part 4 or Part 5 of the War Pensions Act 1954 by the surviving spouse or partner of a deceased member of
 the New Zealand or any other Commonwealth forces or of the Emergency Reserve Corps or of the New Zealand mercantile marine in respect of the death of that member: any pension or other periodical allowance or any part thereof received by any person from the Government of any Commonwealth coun- (ii) (iii) (iv) 29 Part 1 s 3 Social Security Act 1964 Reprinted as at 27 July 2012 try (other than New Zealand) which the chief executive determines is analogous to a pension or allowance specified in subparagraph
 (ii) or subparagraph (iii): the value of any assistance of a kind approved by the chief executive provided to a person with a sickness, injury, or disability to obtain or remain in employment: any money received by way of funeral benefit from any friendly society: a participation allowance: any money paid in respect of any military decor- ation and received by the recipient of such decor- ation: (iva) (v) (va) (vi) (vii) any money received by the Commissioner of In- land Revenue by way of child support which is not required to be paid to the person under the Child Support Act 1991: (ix) (viii) any money received by the Commissioner of In- land Revenue by way of child support which is paid to the person under section 142 of the Child Support Act 1991: any money received by way of an independence allowance under section 54 of the Accident Re- habilitation and Compensation Insurance Act 1992 or Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998, or any impairment lump sum received under Schedule 1 of the Accident Compensation Act 2001: any amount of output tax charged in respect of a supply of goods and services made by that per- son: any amount of goods and services tax payable by the Commissioner of Inland Revenue to that person: (xi) (x) (xii) any debt insurance payment or any health or dis- ability insurance payment.
(xiii) any money received under the Children, Young Persons, and Their Families Act 1989 in respect 30 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 3 of the care of a child or young person (as those terms are defined in that Act): (A) (xiv) any lump sum payment received by the person— under a contract of insurance on the life of the person’s deceased spouse or partner; or (B) where the person is a dependent child, under a contract of insurance on the life of his or her deceased parent or step-parent; or under any superannuation scheme, not be- ing a payment which the chief executive considers, having regard to the matters specified in subsection (4), is for an in- come-related purpose; or (C) (xv) (B) any part of a lump sum income-related insurance payment received on the occurrence of a contin- gency by an applicant for a benefit that has been used or committed by the applicant— (A) to repay or pay any amounts on account of existing debt of the applicant; or to pay any essential costs arising as a con- sequence of the applicant’s health or dis- ability (being costs arising from the con- tingency in respect of which the payment was made) to the extent that assistance to- wards those costs is not available under this Act or any other Act: (xvi) any income-related rent within the meaning of section 42(1) of the Housing Restructuring and Tenancy Matters Act 1992 : (xvii) any specified item or amount of income, or in- come from a specified source, that is declared not to be income for the purposes
 of this Act by regu- lations made under section 132 (xviii) any tax credit or amount received under subparts MA to MF and MZ of the Income Tax Act 2007 or subpart KD of the Income Tax Act 2004 or subpart KD of the Income Tax Act 1994 or under Part 11A of the Income Tax Act 1976 31 Part 1 s 3 Social Security Act 1964 Reprinted as at 27 July 2012 income-related insurance payment, in relation to a person, means a payment, or the value of any credit or service, that, in the opinion of the chief executive,
 having regard to the matters specified in subsection (4), is— (a) made or provided on the occurrence of a contingency under a contract of insurance or by reason of the per- son’s membership of any society, organisation, or body whether corporate or unincorporate; and (b) made or provided to the person or to some other person on behalf of or for the benefit of the person or a member of his or her family; and (c) made or provided or used for an income-related purpose income-related purpose, in relation to any person, means the purpose of— (a) (b) maintaining the person or a member of his or her family; replacing lost or diminished income; or (c) (d) or purchasing goods or services for the person or a member of his or her family, being goods or services of a kind that are commonly paid for from income; or enabling the person to make payments that he or she is liable to make and that are commonly made from income income tax means income tax under the Income Tax Act 2007 Income Test 1 means that the applicable rate of benefit shall be reduced— (a) by 30 cents for every $1 of the total income of the bene- ficiary and his or her spouse or partner which is more than $100 a week but not more than $200 a week; and by 70 cents for every $1 of that income which is more than $200 a week (b) Income Test 2 means that the applicable rate of benefit shall be reduced— (a) by 15 cents for every $1 of the total income of the bene- ficiary and his or her spouse or partner which is more
 than $100 a week but not more than $200 a week; and by 35 cents for every $1 of that income which is more than $200 a week (b) 32 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 3 Income Test 3 means that the applicable rate of benefit must be reduced by 70 cents for every $1 of total income of the beneficiary and his or her spouse or partner which is more than,— (a) if the rate of benefit is a rate of New Zealand super- annuation stated in clause 2 of Schedule 1 of the New Zealand
 Superannuation and Retirement Income Act 2001, $100 a week; or in any other case, $80 a week (b) Income Test 4 means that the applicable rate of benefit shall be reduced by 35 cents for every $1 of the total income of the beneficiary and his or her spouse or partner which is more than $80 a week income-tested benefit means any of the following benefits: (a) (aa) (b) (c) (d) (e) (f) an unemployment benefit: a sickness benefit: a domestic purposes benefit: an emergency benefit: an independent youth benefit: an invalid’s benefit: New Zealand superannuation payable at the appropri- ate rate in clause 2 of Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001 or a veteran’s pension payable— (i) at the appropriate rate in clause 1 of Schedule 11 of the War Pensions Act 1954 if the pension is subject to abatement under section 74D of that Act; or at the appropriate rate in clause 2 of Schedule 11 of the War Pensions Act 1954: (ii) an orphan’s benefit: [Repealed] an unsupported child’s benefit: a widow’s benefit (g) (h) (i) (j) living with a parent, in relation to a person,— (a) means living in the same home as a parent of the person; (b) but does not include a situation in which a person lives in the same home as a parent of the person where— 33 Part 1 s 3 Social Security Act 1964 Reprinted as at 27 July 2012 (i) (ii) (iii) (iv) the parent is financially dependent on the person; or the person, at his or her own expense, provides accommodation for the
 parent in the home; or the person provides a substantial degree of care to the parent; or the home is a hostel, boardinghouse, or similar lodging, and the person and the parent pay for accommodation in it married rate, in relation to New Zealand superannuation, means the aggregate rate payable to a couple who are married, in a civil union, or in a de facto relationship, both of whom are entitled to receive New Zealand superannuation medical practitioner means a health practitioner who is, or is deemed to
 be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practi- tioners Competence Assurance Act 2003 as a practitioner of the profession of medicine midwife means a health practitioner who is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery Minister, in relation to any provisions of this Act, means, sub- ject to any enactment, the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of those provisions New Zealand superannuation means New Zealand super- annuation payable under the New Zealand Superannuation and Retirement Income Act 2001 non-entitlement period, in relation to a person, means a period when the person is not entitled to a benefit because he or she— (a) (b) became voluntarily unemployed; or lost his or her employment, or position on a scheme, through misconduct; or [Repealed] failed to comply with the work test: (c) (d) 34 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 3 (e) failed to comply with an obligation under section 60GAB nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nurs- ing whose scope
 of practice permits the performance of gen- eral nursing functions occupational therapist means a health practitioner who is, or is deemed to be, registered with the Occupational Therapy Board continued by section 114(1)(a) of the Health Practition- ers Competence Assurance Act 2003 as a practitioner of the profession of occupational therapy open employment means employment other than sheltered employment ordinarily resident, in relation to any person, does not include being unlawfully resident in New
 Zealand overseas epidemic management notice means a notice under section 61CE overseas pension— (a) means a benefit, pension, or periodical allowance of a (b) kind described in section 70(1); but does not include a benefit, pension, or periodical allow- ance of a kind referred to in the proviso to section 70(1); and does not include a Government occupational pension (c) overseas pensioner means a person to whom an overseas pen- sion has been granted parent, for the purposes of the definition of the term living with a parent, means a parent, or a guardian, or a person acting as a parent participation allowance means a participation allowance under regulations made under section 132F part-time work means work that averages not less than 15 hours a week when calculated over a period of the preced- ing 3 months— (a) under a contract of service, whether on time or piece rates; or 35 Part 1 s 3 Social Security Act 1964 Reprinted as at 27 July 2012 (b) as a self-employed person in any business, profession, trade, manufacture, or undertaking part-time work-tested beneficiary means— (a) a work-tested spouse or partner; or a work-tested domestic purposes beneficiary; or a person with a youngest dependent child aged 6 or older, but under 18 years, and who is— (i) (ii) a person who is a work-tested sickness beneficiary (b) partner, in the phrase “spouse or partner” and in related con- texts, means a civil union partner or de facto partner pay day means the day or date from
 time to time fixed by the chief executive as the date on which an instalment of a benefit falls due for payment periodical means regular or intermittent physiotherapist means a health practitioner who is, or is deemed to be, registered with the Physiotherapy Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of physiotherapy principal caregiver, in relation to a dependent child, means the person who, in the opinion of the chief
 executive, has the primary responsibility for the day to day care of the child, other than on a temporary basis, but does not include— (a) any body of persons (whether incorporated or unincor- porated); or any person who is the proprietor of, or employed in,— a residence established under the Children, (i) Young Persons, and Their Families Act 1989; or [Repealed] any other institution in which the child is being cared for (ii) (iii) (b) psychologist means a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence As- surance Act 2003 as a practitioner of the profession of psych- ology regular, in relation to work, does not include— (a) casual employment; or 36 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 3 (b) employment on call if there are no specified hours for such employment in the person’s employment contract resident, in relation to any person, does not include being un- lawfully resident in New Zealand residential care services means disability services supplied to a person with a disability in a residential disability care in- stitution or rest home within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001; and in- cludes— (a) (b) supervision and support services; and hotel-type services (including the provision of sleeping facilities, meals, laundry, cleaning services and sup- plies, household furniture and furnishings, lighting, heating, hot water, and other household utilities); and services that support daily living (including financial management and gardening); and personal care services (including toileting, bathing, hair washing, teeth cleaning, nail care, feeding, and mobil- ity); and services within that home intended to provide satisfying activity to the person (including the provision of educa- tional, social, recreational, and other activities); and clinical support services, including
 personal health ser- vices (within the meaning of the New Zealand Public Health and Disability Act 2000), consultations with a medical practitioner, pharmaceuticals, incontinence aids, and other treatment costs (c) (d) (e) (f) rest home means a rest home as defined in section 58(4) of the Health and Disability Services (Safety) Act 2001 salary or wages includes commission, and any other remu- neration from employment sheltered employment includes employment in a sheltered workshop within the meaning of the Disabled Persons Em- ployment Promotion Act 1960 sickness includes pregnancy after the 26th week single means not married or in a civil union or a de facto rela- tionship 37 Part 1 s 3 Social Security Act 1964 Reprinted as at 27 July 2012 is— (i) sole parent means a person who is the principal caregiver in respect of a dependent child and who— (a) married or in a civil union, but living apart from his or her spouse or partner; or not married or in a civil union; and (ii) is not in a de facto relationship (b) spouse means the husband or wife of an applicant or benefi- ciary, as the context may require strike has the same meaning as in section 81 of the Employ- ment Relations Act 2000 student allowance means an allowance established by regu- lations made under section 303 of the Education Act 1989 suitable employment, in relation to a person, means employ- ment that the chief executive is satisfied is suitable for the per- son to undertake for a number of hours a week
 that is at least the employment required to satisfy the work test for that per- son (or, as the case may be, the person’s obligations under sec- tion 60GAB) temporary employment means full employment for a period of less than 26 weeks union has the same meaning as in section 5 of the Employment Relations Act 2000 veteran’s pension means a veteran’s pension payable under Part 6 of the War Pensions Act 1954 work preparation exercise has the meaning given to it in sec- tion 60HA(2) work test, in relation to a
 person, means the person’s obliga- tions under section 102A(1); and work test obligations has a corresponding meaning work-test married rate— (a) means, in relation to an unemployment benefit or a sick- ness benefit, a rate in Schedule 9 that is payable to a per- son who is married or in a civil union or in a de facto relationship, other than a rate payable if the person’s spouse or partner is entitled to a benefit in his or her own right: (b) means, in relation to an invalid’s benefit,— 38 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 3 (i) (ii) a rate in Schedule 6 payable to a person who is married or in a civil union or in a de facto rela- tionship, other than a rate payable if the person’s spouse or partner is entitled to a benefit in his or her own right; and includes the rate payable under section 42(2) to the spouse or partner of a person receiving long- term residential care in a hospital or rest home: (c) means, in relation to an emergency benefit,— (i) (ii) a rate of the benefit payable to a person that in- cludes a payment for the person’s spouse or part- ner; and includes an emergency benefit paid to the spouse or partner of a resident assessed as requiring care (as defined in section 136) under regulations made under section 155 work-tested beneficiary means a person who is— (a) (b) (c) (d) (e) (f) (g) work-tested benefit means— (a) (b) (c) (d) (e) a person granted an unemployment benefit; or a work-tested spouse or partner; or
 [Repealed] [Repealed] [Repealed] a work-tested domestic purposes beneficiary; or a work-tested sickness beneficiary an unemployment benefit; or [Repealed] [Repealed] [Repealed] in relation to a work-tested spouse or partner— (i) (ii) (iii) in relation to a work-tested domestic purposes benefi- ciary, a domestic purposes benefit under section 27B; or in relation to a work-tested sickness beneficiary, a sick- ness benefit a sickness benefit; or an emergency benefit; or an invalid’s benefit; or (f) (g) 39 Part 1
 s 3 Social Security Act 1964 Reprinted as at 27 July 2012 work-tested domestic purposes beneficiary means a per- son— (a) who has been granted a domestic purposes benefit under section 27B; and (b) whose youngest dependent child is aged 6 years or older, but under 18 years, or is aged 18 years and is a child in respect of whom that benefit is paid, or continues to be paid, under section 63A (c) (b) (ca) work-tested sickness beneficiary means a person granted a sickness benefit who is required under section 54DA(1) to comply with the work test work-tested spouse or partner means a person who— (a) has no dependent children, or whose youngest depend- ent child is aged 6 years or more; and has not been granted an exemption from the work test; and is— the spouse or partner of a person granted an unemploy- ment benefit, a sickness benefit, or an invalid’s benefit, where the benefit is granted at a work-test married rate; or the spouse or partner of a person granted an emergency benefit at a work-tested married rate if the chief execu- tive has, under section 61A(1A), required that spouse or partner to comply with the work test; or is the spouse or partner of a person who is receiving long-term residential care in a hospital or rest home, is aged under 60 years, and is in receipt of an invalid’s benefit under section 42(2) or an emergency benefit under regulations made under section 155 working day means any day of the week other than— (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Wai- tangi Day; and the day observed as the anniversary of the appropriate province; and a day in the period commencing on 25 December in any year and ending with 15 January in the following year.
(d) (aa) (b) 40 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 3 (2) For the purposes of this Act, a person shall be deemed not to have attained a given age until the commencement of the relevant anniversary of the day of his birth.
(2A) [Repealed] (3) Except for the purposes of a means assessment under Part 4, and notwithstanding the definition of the term income in sub- section (1), where it is necessary to determine, for the purposes of this Act or the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or the New Zealand Superannuation and Retirement Income Act 2001, the income of any person who— (a) meets the residential qualification for New Zealand superannuation the New Zealand out Superannuation and Retirement Income Act 2001; and is aged 60 years or more and whose spouse or partner (if any), being a spouse or partner whose age is less than that of the person whose income is being determined, is aged 60 years or more; and is in receipt of a pension under a superannuation scheme registered under the Superannuation Schemes Act 1989 or of payments under an annuity paid in respect of a policy of life insurance— (i) (b) set (c) in (ii) offered or entered into in New Zealand by a life insurer (as that term is defined in paragraph (a) of the definition of life insurer in section YA 1 of the Income Tax Act 2007); or offered or entered into outside of New Zealand by a life insurer (as so defined) that is resident in New Zealand within the meaning of section YD 1 or YD 2 (excluding section YD 2(2)) of the Income Tax Act 2007; and (d) before 1 April 1992; and commenced to receive payments of that pension or under that annuity— (i) (ii) when that person was aged not less than 55 years nor more than 59
 years and when that person’s spouse or partner (if any), being a spouse or part- ner whose age is less than that of the person 41 Part 1 s 3 Social Security Act 1964 Reprinted as at 27 July 2012 whose income is being determined, was aged 55 years or more,— (d) (b) (c) 50% of the amount received by that person under that pension or under that annuity shall not be included in the income of that person.
In considering, in respect of a person, whether any payment or credit or service is an income-related insurance payment or is for an income-related purpose, as the case may be, the chief executive shall have regard to the following matters: (a) the nature of the contingency in respect of which the payment or credit or service was made or provided or used: the nature of the payment or credit or service: the manner in which and the occasions on which the payment or credit or service is made or provided or used: the manner in which the right or eligibility to the pay- ment or credit or service is expressed in any contract of insurance or in any other document: whether the payment or credit or service is required to be made or provided to any other person and, if so, the relationship between them: whether the person has assigned his or her right to re- ceive the payment or credit or service: any other matters that the chief executive considers, in the circumstances of the particular case, to be relevant.
For the avoidance of doubt, a dependent child of a person granted a benefit at a work-test married rate is also a depend- ent child of that person’s spouse or partner for the purposes of the definition of the term work-tested spouse or partner in subsection (1).

The definition of income in subsection (1) is at any time sub- ject to any rules then in force under section 132H.
Compare: 1938 No 7 s 10; 1945 No 11 s 3; 1951 No 54 s 15; 1955 No 9 s 16(1); 1958 No 46 s 24 (g) (e) (f) Section 3(1): amended, on 1 July 1998, by section 2(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 3(1) activity in the community: inserted, on 2 July 2007, by section 4(1) of the Social Security Amendment Act 2007 (2007 No 20).
(4) (5) (6) 42 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 3 Section 3(1) Appeal Authority or Authority: inserted, on 1 May 1974, by section 2(1) of the Social Security Amendment Act 1973 (1973 No 34).

Section 3(1) application: replaced, on 24 September 2007, by section 22(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 3(1) assessable income: repealed, on 1 April 1992, by section 2 of the Social Security Amendment Act (No 4) 1991 (1991 No 124).
Section 3(1) average wage: inserted, on 1 April 1997, by section 2(1) of the Social Security Amendment Act 1996 (1996 No 20).

Section 3(1) beneficiary proviso: repealed, on 1 April 1991, by section 2(1) of the Social Security Amendment Act 1991 (1991 No 1).

Section 3(1) benefit: replaced, on 25 July 1990, by section 2(1) of the Social Security Amendment Act (No 2) 1990 (1990 No 74).
Section 3(1) benefit paragraph (a): amended, on 1 July 2001, by section 13(1) of the Social Security Amendment Act 2001 (2001 No 1).

Section 3(1) benefit paragraph (aa): repealed, on 1 July 2001, by section 13(2) of the Social Security Amendment Act 2001 (2001 No 1).

Section 3(1) benefit paragraph (b)(i): replaced, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 3(1) benefit paragraph (b)(i): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 3(1) benefit paragraph (b)(ia): repealed, on 15 April 2005, by section 3(1) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 3(1) benefit paragraph (b)(ii): replaced, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 3(1) benefit paragraph (b)(ii): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 3(1) benefit paragraph (b)(iii): replaced, on 1 July 1993, by section 2(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

Section 3(1) benefit paragraph (b)(iv): replaced, on 1 September 1998, by sec- tion 11(2) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) benefit paragraph (b)(iva): inserted, on 4 October 2004, by section 11(2) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Section 3(1) benefit paragraph (b)(ivb): inserted, on 1 April 2006, by section 21 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Section 3(1) benefit paragraph (b)(v): replaced, on 17 November 2000, by sec- tion 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
Section 3(1) benefit paragraph (b)(va): repealed, on 17 November 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

43 Part 1 s 3 Social Security Act 1964 Reprinted as at 27 July 2012 Section 3(1) benefit paragraph (b)(vi): repealed, on 17 November 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
Section 3(1) benefit paragraph (b)(vii): repealed, on 17 November 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

Section 3(1) benefit paragraph (b)(viii): repealed, on 17 November 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

Section 3(1) benefit paragraph (c): replaced, on 1 July 1993, by section 2(2) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
Section 3(1) capacity for work: inserted, on 1 September 1998, by section 11(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 3(1) ceased: replaced, on 30 November 1992, by section 2(1) of the Social Security Amendment Act (No 4) 1992 (1992 No 99).

Section 3(1) ceased paragraph (b)(iv): amended, on 1 January 1994, by section 2(1) of the Social Security Amendment Act 1993 (1993 No 14).
Section 3(1) ceased paragraph (b)(v): inserted, on 1 January 1994, by section 2(2) of the Social Security Amendment Act 1993 (1993 No 14).

Section 3(1) chief executive: replaced, on 1 October 1998, by section 11 of the Employment Services and Income Support Integrated Administration) Act 1998 (1998 No 96).

Section 3(1) child: replaced, on 1 April 1991, by section 2(2) of the Social Security Amendment Act 1991 (1991 No 1).
Section 3(1) child: amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 3(1) Commission: repealed, on 23 June 1987, by section 2(1)(a) of the Social Security Amendment Act 1987 (1987 No 106).

Section 3(1) community task force project: repealed, on 1 October 1998, by section 18(5) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) community wage: repealed, on 1 July 2001, by section 13(9) of the Social Security Amendment Act 2001 (2001 No 1).

Section 3(1) community wage earner: repealed, on 1 July 2001, by section 13(9) of the Social Security Amendment Act 2001 (2001 No 1).

Section 3(1) contract of insurance: inserted, on 2 October 1994, by section 3(1) of the Social Security Amendment Act 1994 (1994 No 86).
Section 3(1) contract of insurance: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 3(1) date of first contact: inserted, on 24 September 2007, by section 22(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 3(1) debt insurance payment: inserted, on 2 October 1994, by section 3(1) of the Social Security Amendment Act 1994 (1994 No 86).
Section 3(1) dentist: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

44 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 3 Section 3(1) department: replaced, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 3(1) dependent child: replaced, on 24 August 2010, by section 4(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 3(1) Director-General: repealed, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 3(1) disability services: replaced, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
Section 3(1) district health board: inserted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 3(1) document: inserted, on 30 June 1993, by section 2(3) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

Section 3(1) domestic epidemic management notice: inserted, on 19 De- cember 2006, by section 4 of the Social Security Amendment Act 2006 (2006 No 90).
Section 3(1) employment: inserted, on 1 September 1998, by section 11(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 3(1) employment plan: inserted, on 27 September 2010, by sec- tion 4(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) employment required to satisfy the work test: replaced, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 3(1) existing debt: inserted, on 2 October 1994, by section 3(1) of the Social Security Amendment Act 1994 (1994 No 86).

Section 3(1) family maintenance allowance: repealed, on 20 October 1972, by section 2(1) of the Social Security Amendment Act 1972 (1972 No 133).
Section 3(1) financially independent: inserted, on 1 April 1991, by section 2(2) of the Social Security Amendment Act 1991 (1991 No 1).

Section 3(1) financially independent paragraph (b): amended, on 1 October 1998, pursuant to regulation 49 of the Student Allowance Regulations 1998 (SR 1998/277).

Section 3(1) financially independent paragraph (c): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Inte- grated Administration) Act 1998 (1998 No 96).
Section 3(1) financially independent: paragraph (d): amended, on 17 Novem- ber 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

Section 3(1) friendly society: amended, on 1 April 1983, pursuant to section 161(2) of the Friendly Societies and Credit Unions Act 1982 (1982 No 118).

Section 3(1) full employment or full-time employment: inserted, on 1 October 1986, by section 2(3) of the Social Security Amendment Act 1986 (1986 No 39).
45 Part 1 s 3 Social Security Act 1964 Reprinted as at 27 July 2012 Section 3(1) full employment or full-time employment: amended, on 1 Octo- ber 1998, by section 18(6) of the Social Security Amendment Act 1998 (1998 No 19).

Section 3(1) full-time student: inserted, on 1 October 1998, by section 18(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 3(1) full-time student: amended, on 1 October 1998, pursuant to regu- lation 49 of the Student Allowances Regulations 1998 (SR 1998/277).
section 3(1) funder: inserted, on 15 November 2000, by section 3(1) of the Social Security Amendment Act 2000 (2000 No 81).

Section 3(1) Government occupational pension: inserted, on 2 October 1996, by section 2 of the Social Security Amendment Act (No 6) 1996 (1996 No 157).

Section 3(1) Government occupational pension paragraph (a)(i): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) Government occupational pension paragraph (a)(ii): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) Government occupational pension paragraph (c): amended, on 27 April 2002, by section 10 of the Social Welfare (Transitional Provi- sions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
Section 3(1) Government occupational pension paragraph (d): inserted, on 27 April 2002, by section 10 of the Social Welfare (Transitional Provi- sions—Overseas Pensions) Amendment Act 2002 (2002 No 8).

Section 3(1) guaranteed retirement income: repealed, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Section 3(1) health or disability insurance payment: inserted, on 2 October 1994, by section 3(1) of the Social Security Amendment Act 1994 (1994 No 86) Section 3(1) health practitioner: inserted, on 27 September 2010, by sec- tion 4(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 3(1) hospital: inserted, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 3(1) income: replaced, on 2 October 1994, by section 3(2) of the Social Security Amendment Act 1994 (1994 No 86) Section 3(1) income paragraph (c): replaced, on 17 September 1997, by section 2(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 3(1) income paragraph (c): amended, on 1 July 1999, by section 415(1) of the Accident Insurance Act 1998 (1998 No 114).
Section 3(1) income paragraph (c): amended, on 1 April 2000, by section 9(1) of the Accident Insurance Amendment Act 2000 (2000 No 6).

Section 3(1) income paragraph (d)(iva): inserted, on 1 July 2002, by section 6 of the Parental Leave And Employment Protection (Paid Parental Leave) Amend- ment Act 2002 (2002 No 7).
46 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 3 Section 3(1) income paragraph (f)(i): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 3(1) income paragraph (f)(i): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 3(1) income paragraph (f)(i): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 3(1) income paragraph (f)(iii): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) income paragraph (f)(iva): inserted, on 1 September 1998, by sec- tion 11(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) income paragraph (f)(va): inserted, on 1 October 1998, by section 18(7) of the Social Security Amendment Act 1998 (1998 No 19).

Section 3(1) income paragraph (f)(ix): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 3(1) income paragraph (f)(ix): amended, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).
Section 3(1) income paragraph (f)(ix): amended, on 1 July 1999, by section 415(1) of the Accident Insurance Act 1998 (1998 No 114).

Section 3(1) income paragraph (f)(xiii): inserted, on 17 September 1997, by section 2(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 3(1) income paragraph (f)(xiv): inserted, on 17 September 1997, by section 2(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 3(1) income paragraph (f)(xiv)(A): amended, on 26 April 2005, by sec- tion 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) income paragraph (f)(xiv)(A): replaced, on 1 April 2007, by sec- tion 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) income paragraph (f)(xv): inserted, on 17 September 1997, by section 2(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 3(1) income paragraph (f)(xvi): inserted, on 17 November 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

Section 3(1) income paragraph (f)(xvi): amended, on 1 July 2006, by section 5(2)(h) of the Housing Restructuring and Tenancy Matters (Information Match- ing) Amendment Act 2006 (2006 No 34).
Section 3(1) income paragraph (f)(xvii): inserted, on 26 September 2002, by section 4(1) of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

Section 3(1) income paragraph (f)(xviii) : inserted, on 4 June 2004, by section 4 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Section 3(1) income paragraph (f)(xviii): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context re- quires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

47 Part 1 s 3 Social Security Act 1964 Reprinted as at 27 July 2012 Section 3(1) income-related insurance payment: inserted, on 2 October 1994, by section 3(1) of the Social Security Amendment Act 1994 (1994 No 86).
Section 3(1) income-related insurance payment: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Inte- grated Administration) Act 1998 (1998 No 96).

Section 3(1) income-related purpose: inserted, on 2 October 1994, by section 3(1) of the Social Security Amendment Act 1994 (1994 No 86).

Section 3(1) income tax: inserted, on 1 April 1969, by section 3(3) of the Land and Income Tax Amendment Act (No 3) 1968 (1968 No 49).
Section 3(1) income tax: amended, on 1 April 2008 (effective for 2008–09 in- come year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Section 3(1) Income Test 1: inserted, on 1 July 1996, by section 2(2) of the Social Security Amendment Act 1996 (1996 No 20).
Section 3(1) Income Test 1 paragraph (a): amended, on 27 September 2010, by section 4(3)(a) of the Social Security (New Work Tests, Incentives, and Obli- gations) Amendment Act 2010 (2010 No 105).

Section 3(1) Income Test 1 paragraph (a): amended, on 27 September 2010, by section 4(3)(b) of the Social Security (New Work Tests, Incentives, and Obli- gations) Amendment Act 2010 (2010 No 105).
Section 3(1) Income Test 1 paragraph (a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) Income Test 1 paragraph (b): amended, on 27 September 2010, by section 4(3)(b) of the Social Security (New Work Tests, Incentives, and Obli- gations) Amendment Act 2010 (2010 No 105).

Section 3(1) Income Test 2: inserted, on 1 July 1996, by section 2(2) of the Social Security Amendment Act 1996 (1996 No 20).
Section 3(1) Income Test 2 paragraph (a): amended, on 27 September 2010, by section 4(4)(a) of the Social Security (New Work Tests, Incentives, and Obli- gations) Amendment Act 2010 (2010 No 105).

Section 3(1) Income Test 2 paragraph (a): amended, on 27 September 2010, by section 4(4)(b) of the Social Security (New Work Tests, Incentives, and Obli- gations) Amendment Act 2010 (2010 No 105).
Section 3(1) Income Test 2 paragraph (a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) Income Test 2 paragraph (b): amended, on 27 September 2010, by section 4(4)(b) of the Social Security (New Work Tests, Incentives, and Obli- gations) Amendment Act 2010 (2010 No 105).
Section 3(1) Income Test 3: replaced, on 27 September 2010, by section 4(5) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 3(1) Income Test 4: inserted, on 1 July 1996, by section 2(2) of the Social Security Amendment Act 1996 (1996 No 20).

Section 3(1) Income Test 4: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
48 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 3 Section 3(1) Income Test 5: repealed, on 27 September 2010, by section 4(6) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 3(1) income-tested benefit: inserted, on 1 July 1999, by section 415(1) of the Accident Insurance Act 1998 (1998 No 114).
Section 3(1) income-tested benefit paragraph (a): replaced, on 1 July 2001, by section 13(3) of the Social Security Amendment Act 2001 (2001 No 1).

Section 3(1) income-tested benefit paragraph (aa): inserted, on 1 July 2001, by section 13(3) of the Social Security Amendment Act 2001 (2001 No 1).

Section 3(1) income-tested benefit paragraph (f): replaced, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 3(1) income-tested benefit paragraph (f): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 3(1) income-tested benefit paragraph (h): repealed, on 15 April 2005, by section 3(2) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 3(1) job seeker contract: repealed, on 1 July 2001, by section 13(9) of the Social Security Amendment Act 2001 (2001 No 1).
Section 3(1) living with a parent: inserted, on 1 July 1998, by section 2(2) of the Social Security Amendment Act 1998 (1998 No 19).

Section 3(1) married rate: replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) medical practitioner: replaced, on 18 September 2004, by sec- tion 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 3(1) midwife: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 3(1) Minister: inserted, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (integrated Administration) Act 1998 (1998 No 96).

Section 3(1) national superannuation: repealed, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Section 3(1) net average wage: repealed, on 1 April 1997, by section 2(3) of the Social Security Amendment Act 1996 (1996 No 20).

Section 3(1) New Zealand superannuation: replaced, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 3(1) New Zealand superannuation: amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 3(1) non-entitlement period: replaced, on 1 October 1998, by section 18(2) of the Social Security Amendment Act 1998 (1998 No 19).

49 Part 1 s 3 Social Security Act 1964 Reprinted as at 27 July 2012 Section 3(1) non-entitlement period paragraph (c): repealed, on 24 September 2007, by section 32(2)(a) of the Social Security Amendment Act 2007 (2007 No 20).
Section 3(1) non-entitlement period paragraph (e): inserted, on 24 Septem- ber 2007, by section 42(6) of the Social Security Amendment Act 2007 (2007 No 20).

Section 3(1) nurse: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 3(1) occupational therapist: inserted, on 18 September 2004, by sec- tion 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 3(1) open employment: 11(1) of the Social Security Amendment Act 1998 (1998 No 19).

inserted, on 1 September 1998, by section Section 3(1) ordinarily resident: inserted, on 1 March 1991, by section 2(3) of the Social Security Amendment Act 1991 (1991 No 1).

Section 3(1) organised activity: repealed, on 1 July 2001, by section 13(9) of the Social Security Amendment Act 2001 (2001 No 1).
inserted, on 19 De- Section 3(1) overseas epidemic management notice: cember 2006, by section 4 of the Social Security Amendment Act 2006 (2006 No 90).

Section 3(1) overseas pension: inserted, on 2 October 1996, by section 2 of the Social Security Amendment Act (No 6) 1996 (1996 No 157).

Section 3(1) overseas pensioner: inserted, on 2 October 1996, by section 2 of the Social Security Amendment Act (No 6) 1996 (1996 No 157).
Section 3(1) parent: inserted, on 1 July 1998, by section 2(2) of the Social Security Amendment Act 1998 (1998 No 19).

Section 3(1) participation allowance: inserted, on 1 October 1998, by section 18(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 3(1) partner: inserted, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) partner: amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) part-time work: inserted, on 1 April 1997, by section 2(5) of the Social Security Amendment Act 1996 (1996 No 20).

Section 3(1) part-time work: amended, on 1 October 1998, by section 18(8) of the Social Security Amendment Act 1998 (1998 No 19).

Section 3(1) part-time work-tested beneficiary: replaced, on 2 May 2011, by section 4(15) of the Social Security (New Work Tests, Incentives, and Obliga- tions) Amendment Act 2010 (2010 No 105).
Section 3(1) pay day: replaced, on 1 April 1990, by section 37(1)(a) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Section 3(1) pay day: amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

50 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 3 Section 3(1) pay day: amended, on 17 September 1997, by section 2(3) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 3(1) pay period: repealed, on 1 April 1990, by section 37(1)(b) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Section 3(1) periodical: inserted, on 2 October 1994, by section 3(1) of the Social Security Amendment Act 1994 (1994 No 86).

Section 3(1) personal development and employment plan: repealed, on 27 September 2010, by section 4(8) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) physiotherapist: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 3(1) principal caregiver: inserted, on 25 July 1990, by section 2(1) of the Social Security Amendment Act (No 2) 1990 (1990 No 74).

Section 3(1) principal caregiver: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 3(1) principal caregiver paragraph (b)(ii): repealed, on 1 October 2004, by section 59(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Section 3(1) psychologist: replaced, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 3(1) purchaser: repealed, on 15 November 2000, by section 3(2) of the Social Security Amendment Act 2000 (2000 No 81).
Section 3(1) redundancy payment: repealed, on 30 November 1992, by sec- tion 2(3) of the Social Security Amendment Act (No 4) 1992 (1992 No 99).

Section 3(1) regular: inserted, on 1 October 1998, by section 18(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 3(1) resident: inserted, on 1 March 1991, by section 2(3) of the Social Security Amendment Act 1991 (1991 No 1).
Section 3(1) residential care disability services: repealed, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

Section 3(1) residential care services: inserted, on 17 September 1997, by section 2(4) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 3(1) residential care services: amended, on 1 October 2002 by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
Section 3(1) residential care services paragraph (f): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 3(1) rest home: inserted, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

Section 3(1) salary or wages: inserted, on 1 March 1991, by section 2(3) of the Social Security Amendment Act 1991 (1991 No 1).
51 Part 1 s 3 Social Security Act 1964 Reprinted as at 27 July 2012 Section 3(1) sheltered employment: inserted, on 1 September 1998, by section 11(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 3(1) sickness: inserted, on 1 September 1998, by section 11(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 3(1) single: replaced, on 1 April 2007, by section 5 of the Social Se- curity Amendment Act 2005 (2005 No 21).
Section 3(1) social security income tax: repealed, on 1 April 1969, by section 3(2) of the Land and Income Tax Amendment Act (No 3) 1968 (1968 No 49).

Section 3(1) sole parent: replaced, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) sole parent paragraph (b): replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) spouse: inserted, on 11 October 1978, by section 2(2) of the Social Security Amendment Act 1978 (1978 No 58).

Section 3(1) strike: replaced, on 2 October 2000, by section 240 of the Em- ployment Relations Act 2000 (2000 No 24).

Section 3(1) student allowance: inserted, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 3(1) suitable employment: replaced, on 24 September 2007, by section 22(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 3(1) temporary employment: inserted, on 1 March 1991, by section 2(3) of the Social Security Amendment Act 1991 (1991 No 1).

Section 3(1) temporary employment: amended, on 9 December 1994, by sec- tion 2 of the Social Security Amendment Act (No 2) 1994 (1994 No 142).
Section 3(1) transitional retirement benefit: repealed, on 15 April 2005, by section 3(3) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 3(1) union: replaced, on 2 October 2000, by section 240 of the Em- ployment Relations Act 2000 (2000 No 24).

Section 3(1) veteran’s pension: replaced, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 3(1) work preparation exercise: inserted, on 1 February 1999, by sec- tion 58(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 3(1) work test: replaced, on 1 October 1998, by section 2(3) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Section 3(1) work test: amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-test married rate: inserted, on 1 February 1999, by section 58(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 3(1) work-test married rate paragraph (a): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
52 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 3 Section 3(1) work-test married rate paragraph (a): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) work-test married rate paragraph (a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) work-test married rate paragraph (a): amended, on 1 July 2001, by section 13(4) of the Social Security Amendment Act 2001 (2001 No 1).
Section 3(1) work-test married rate paragraph (b)(i): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) work-test married rate paragraph (b)(i): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) work-test married rate paragraph (b)(ii): amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 3(1) work-test married rate paragraph (b)(ii): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) work-test married rate paragraph (c)(i): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) work-test married rate paragraph (c)(ii): replaced, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 3(1) work-test married rate paragraph (c)(ii): amended, on 1 July 2005, by section 7 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) work-tested beneficiary: replaced, on 1 October 1998, by section 18(2) of the Social Security Amendment Act 1998 (1998 No 19).

Section 3(1) work-tested beneficiary paragraph (a): replaced, on 1 July 2001, by section 13(5) of the Social Security Amendment Act 2001 (2001 No 1).
Section 3(1) work-tested beneficiary paragraph (b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) work-tested beneficiary paragraph (c): repealed, on 10 March 2003, by section 4(4) of the Social Security (Personal Development And Em- ployment) Amendment Act 2002 (2002 No 28).
Section 3(1) work-tested beneficiary paragraph (d): repealed, on 10 March 2003, by section 4(4) of the Social Security (Personal Development And Em- ployment) Amendment Act 2002 (2002 No 28).

Section 3(1) work-tested beneficiary paragraph (e): repealed, on 24 September 2007, by section 22(2)(a) of the Social Security Amendment Act 2007 (2007 No 20).
Section 3(1) work-tested beneficiary paragraph (f): inserted, on 27 September 2010, by section 4(9) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 3(1) work-tested beneficiary paragraph (f): amended, on 2 May 2011, by section 4(16) of the Social Security (New Work Tests, Incentives, and Obli- gations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-tested beneficiary paragraph (g): inserted, on 2 May 2011, by section 4(16) of the Social Security (New Work Tests, Incentives, and Obli- gations) Amendment Act 2010 (2010 No 105).

53 Part 1 s 3 Social Security Act 1964 Reprinted as at 27 July 2012 Section 3(1) work-tested benefit: replaced, on 1 October 1998, by section 18(2) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) work-tested benefit paragraph (a): replaced, on 1 July 2001, by section 13(6) of the Social Security Amendment Act 2001 (2001 No 1).

Section 3(1) work-tested benefit paragraph (b): repealed, on 10 March 2003, by section 4(5) of the Social Security (Personal Development And Employ- ment) Amendment Act 2002 (2002 No 28).
Section 3(1) work-tested benefit paragraph (c): repealed, on 10 March 2003, by section 4(5) of the Social Security (Personal Development And Employ- ment) Amendment Act 2002 (2002 No 28).

Section 3(1) work-tested benefit paragraph (d): repealed, on 24 September 2007, by section 22(2)(b) of the Social Security Amendment Act 2007 (2007 No 20).
Section 3(1) work-tested benefit paragraph (e): replaced, on 27 September 2010, by section 4(10) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 3(1) work-tested benefit paragraph (f): inserted, on 27 September 2010, by section 4(10) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-tested benefit paragraph (f): amended, on 2 May 2011, by section 4(17) of the Social Security (New Work Tests, Incentives, and Obliga- tions) Amendment Act 2010 (2010 No 105).

Section 3(1) work-tested benefit paragraph (g): inserted, on 2 May 2011, by section 4(17) of the Social Security (New Work Tests, Incentives, and Obliga- tions) Amendment Act 2010 (2010 No 105).
Section 3(1) work-tested domestic purposes beneficiary: replaced, on 27 September 2010, by section 4(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 3(1) work-tested sickness beneficiary: inserted, on 2 May 2011, by section 4(14) of the Social Security (New Work Tests, Incentives, and Obliga- tions) Amendment Act 2010 (2010 No 105).
Section 3(1) work-tested spouse: repealed, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) work-tested spouse or partner: inserted, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 3(1) work-tested spouse or partner paragraph (b): amended, on 27 September 2010, by section 4(11) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-tested spouse or partner paragraph (c): amended, on 27 September 2010, by section 4(12) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 3(1) work-tested spouse or partner paragraph (ca): inserted, on 27 September 2010, by section 4(13) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-tested spouse or partner paragraph (d): amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

54 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 3 Section 3(1) work-tested widow’s beneficiary: repealed, on 10 March 2003, by section 4(6) of the Social Security (Personal Development And Employ- ment) Amendment Act 2002 (2002 No 28).
Section 3(1) working day: inserted, on 30 June 1993, by section 2(6) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

Section 3(1) working day paragraph (aa): inserted, on 1 October 1998, by sec- tion 2(4) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Section 3(2): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 3(2A): repealed, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(3): inserted, on 1 April 1994, by section 5 of the Social Welfare (Tran- sitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Section 3(3): amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

Section 3(3): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 3(3): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 3(3): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 3(3)(a): Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
replaced, on 12 October 2001, by section 77 of the New Section 3(3)(a): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 3(3)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(3)(c)(i): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Section 3(3)(c)(ii): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 3(3)(d)(ii): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 3(4): inserted, on 2 October 1994, by section 3(3) of the Social Security Amendment Act 1994 (1994 No 86).

Section 3(4): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 3(4)(g): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 3(5): replaced, on 1 October 1998, by section 18(11) of the Social Se- curity Amendment Act 1998 (1998 No 19).

55 Part 1 s 3A Social Security Act 1964 Reprinted as at 27 July 2012 Section 3(5): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(5): amended, on 1 February 1999, by section 58(8) of the Social Security Amendment Act 1998 (1998 No 19).

Section 3(6): inserted, on 2 July 2007, by section 4(2) of the Social Security Amendment Act 2007 (2007 No 20).

3A Delegation of powers by Minister [Repealed] Section 3A: repealed, on 1 October 1998, by section 11 of the Employment Ser- vices and Income Support (Integrated Administration) Act 1998 (1998 No 96).
4 5 (1) Administration Social Security Department [Repealed] Section 4: repealed, on 1 April 1972, by section 15(4) of the Department of Social Welfare Act 1971 (1971 No 60).
Chief executive to comply with directions In the exercise of powers, functions, and discretions conferred on the chief executive by this Act or the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or the New Zealand Superannuation and Retirement Income Act 2001, the chief executive must com- ply with any general or special directions given to the chief executive in writing by the Minister.
(2) As soon as practicable after giving a direction under subsec- tion (1), the Minister must publish in the Gazette and present to the House of Representatives a copy of the direction.

Section 5: replaced, on 1 October 1998, by section 11 of the Employment Ser- vices and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 5(1): amended, on 21 April 2005, pursuant to section 5(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 5(1): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 5(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

56 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 10A 6 7 8 9 Social Security Commission [Repealed] Section 6: repealed, on 23 June 1987, by section 2(3)(e) of the Social Security Amendment Act 1987 (1987 No 106).
Acting Commissioners [Repealed] Section 7: repealed, on 23 June 1987, by section 2(3)(e) of the Social Security Amendment Act 1987 (1987 No 106).

Commissioners, Acting Commissioners, and other officers to be appointed under State Services Act 1962 [Repealed] Section 8: repealed, on 1 April 1972, by section 17(2) of the Department of Social Welfare Act 1971 (1971 No 60).
Meetings of Commission [Repealed] Section 9: repealed, on 23 June 1987, by section 2(3)(e) of the Social Security Amendment Act 1987 (1987 No 106).

10 Delegation of Director-General’s powers [Repealed] Section 10: repealed, on 1 October 1998, by section 11 of the Employment Ser- vices and Income Support (Integrated Administration) Act 1998 (1998 No 96).
10A Review of decisions (1) This section applies to— (a) (b) an applicant or beneficiary affected by a decision made by any person in the exercise of any power, function, or discretion conferred on the person by delegation, against which the applicant or beneficiary has a right of appeal under section 12J; or an applicant, beneficiary, or other person in respect of whom a person makes any decision in the exercise of a power under section 19D(1)(a) of the Social Welfare (Transitional Provisions) Act 1990 conferred on the de- cision-making person by delegation, against which the applicant or beneficiary or other person has a right of appeal under section 12J.
57 Part 1 s 10A Social Security Act 1964 Reprinted as at 27 July 2012 (1A) A person to whom this section applies may apply in writing for a review of the decision to the appropriate benefits review committee established under this section.
(1B) The application must be made— (a) (b) within 3 months after receiving notification of the deci- sion; or if the committee considers there is good reason for the delay, within such further period as the committee may allow on application made either before or after the ex- piration of that period of 3 months.
(2) (1C) For the purposes of subsection (1), a person in respect of whom a decision or determination is made under Part 4 or under regu- lations made under section 155 is to be treated as a beneficiary.

The Minister shall establish at least 1 benefits review com- mittee for every office of the department where decisions or recommendations in relation to the matters to which this Act applies are made or were made.
Every benefits review committee shall consist of— (a) (3) (b) (c) a person resident in or closely connected with the office of the department where decisions or recommendations in relation to the matters to which this Act applies are made or were made appointed by the Minister to repre- sent the interests of the community on the committee: [Repealed] 2 officers of the department appointed by the chief ex- ecutive— (i) (ii) from time to time; or in respect of the particular review.
The member of the benefits review committee appointed under subsection (3)(a)— (a) shall hold office during the Minister’s pleasure: (b) may be paid out of the Department’s Bank Account, from money appropriated by Parliament for the pur- pose, remuneration by way of fees, salary, or allow- ances, and travelling allowances and expenses, in ac- cordance with the Fees and Travelling Allowances Act 1951; and that Act shall apply accordingly: shall not be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 (c) (4) 58 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 10A or the Government Superannuation Fund Act 1956 by reason only of his or her membership of the benefits review committee.
(5) All secretarial and administrative services required for the pur- poses of the review committee shall be supplied by the depart- ment.

(6) At any meeting of the review committee the quorum shall be the total membership, and the decision of any 2 members of the review committee shall be the decision of the committee.

(7) No officer of the department shall act as a member of the re- view committee if that officer was involved in the decision being reviewed.
(8) As soon as practicable after receiving an application for re- view the review committee shall review the decision and may, in accordance with this Act, confirm, vary, or revoke the deci- sion.
(9) On reaching a decision on any review, the review committee shall give written notification of its decision to the applicant for review and shall include in the notification— (a) (b) the reasons for the review committee’s decision; and advice that the applicant has a right of appeal against the decision to the Social Security Appeal Authority.

Section 10A: inserted, on 23 June 1987, by section 4 of the Social Security Amendment Act 1987 (1987 No 106).
Section 10A(1): replaced, on 23 November 2000, by section 8(1) of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).

Section 10A(1)(a): amended, on 26 September 2002, by section 5(a) of the So- cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

Section 10A(1)(b): amended, on 26 September 2002, by section 5(b) of the So- cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Section 10A(1A): inserted, on 23 November 2000, by section 8(1) of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).

Section 10A(1A): amended, on 7 July 2010, by section 4 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

Section 10A(1B): inserted, on 23 November 2000, by section 8(1) of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).
Section 10A(1C): inserted, on 1 July 2005, by section 13(1) of the Social Se- curity (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

59 Part 1 s 11 Social Security Act 1964 Reprinted as at 27 July 2012 Section 10A(2): replaced, on 1 August 1991, by section 3 of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

Section 10A(2): amended, on 1 April 1992, pursuant to section 4(e)(i) of the Social Security Amendment Act 1992 (1992 No 15).
Section 10A(2): amended, on 1 April 1992, pursuant to section 4(g) of the Social Security Amendment Act 1992 (1992 No 15).

Section 10A(3): amended, on 1 April 1992, pursuant to section 4(g) of the Social Security Amendment Act 1992 (1992 No 15).

Section 10A(3)(a): replaced, on 1 April 1991, by section 3(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
Section 10A(3)(a): amended, on 1 April 1992, pursuant to section 4(e)(i) of the Social Security Amendment Act 1992 (1992 No 15).

Section 10A(3)(b): repealed, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 10A(3)(c): inserted, on 1 April 1997, by section 4 of the Social Security Amendment Act 1996 (1996 No 20).
Section 10A(3)(c): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 10A(4): replaced, on 1 April 1991, by section 3(2) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).

Section 10A(4): amended, on 1 April 1992, pursuant to section 4(g) of the Social Security Amendment Act 1992 (1992 No 15).
Section 10A(4)(c): amended, on 1 April 1992, pursuant to section 4(g) of the Social Security Amendment Act 1992 (1992 No 15).
Power to obtain information Subject to this section and to the code of conduct established under section 11B, the chief executive, for any purpose spe- cified in subsection (2), may by notice in writing require any person (including any person who is an officer or employee in the service of the Crown in a government department or public body (other than as an officer of a court), in his or her official capacity,)— (a) to provide the department or a specified employee of the department with such information as the chief executive requires; or to produce to the department or to a specified employee of the department any document in the custody of or under the control of that person, and to allow copies of (b) 11 (1) 60 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 11 (c) or extracts from any such document to be made or taken; or to furnish to the department or to a specified employee of the department any copies or extracts from any docu- ment or record in the custody or under the control of that person— within a period (being not less than 5 working days after the notice is given) and in the manner specified in the notice, and without charge.
The purposes specified in subsection (1) are— (a) (2) determining whether a person who is receiving, or has received, or made a claim for, a benefit or payment under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001 or under a welfare programme approved by the Minister under section 124(1)(d) of this Act is or was entitled to receive that benefit or that payment; or determining the rate of benefit or payment that is or was applicable to that person; or determining whether a person who has been issued with, or has made a claim for, an entitlement card under regu- lations in force under section 132A, is or was entitled to be issued with that card; or conducting or reviewing a means assessment under Part 4 (relating to payment for contracted care services as de- fined in section 136), or determining whether any such means assessment is correct; or (b) (c) (d) (da) determining, pursuant to section 69FA, the amount that any person is required to pay towards the cost of the home-based disability support services supplied to that person, and whether a person who has been so assessed is entitled to that assessment; or ascertaining the financial circumstances or whereabouts of any person who is indebted to the Crown under— (i) this Act; or (e) 61 Part 1 s 11 Social Security Act 1964 Reprinted as at 27 July 2012 (f) (ii) sections 27I to 27ZI (except section 27X) of, and Schedule 20 of, this
 Act (as preserved by section 256(1) of the Child Support Act 1991); or section 61CA of this Act; or (iii) discharging the chief executive’s functions under this Act or under any regulations in force under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001 or under any welfare programme approved by the Minister under section 124(1)(d) of this Act.
(3) A person who— (a) (b) refuses or fails without reasonable excuse to comply with a notice under this section to the extent that the person is capable of complying with it; or in purported compliance with such a notice knowingly or recklessly furnishes information which is false or misleading in any material particular, or attempts to do so,— commits an offence and is liable on summary conviction to a fine not exceeding $2,000.
(4) Nothing in subsection (1) requires any person to provide any information or produce any document that would be privileged in a court of law, except as provided in subsection (5).
(5) Nothing in subsection (1) shall require any person to provide any information or to produce any document that is legally professionally privileged: provided that this subsection shall not apply to information or any document that consists wholly or partly of, or relates wholly or partly to,— (a) the receipts, payments, income, expenditure, or finan- cial transactions of a specified person (whether a law practitioner, his or her client, or any other person); or investment receipts (being receipts arising or accruing from any money lodged at any time with a law practi- tioner for investment) of any person or persons (whether the law practitioner, his or her clients, or any other per- son or persons)— (b) 62 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 11 and is contained in, or comprises the whole or part of, any book, account, statement, or other record prepared by or kept in connection with a trust account of the law practitioner.
(6) Where any person refuses to disclose any information or docu- ment on the ground that it is privileged under subsection (4) or subsection (5), the chief executive or that person or any other person to whom the information or document relates may apply to a District Court Judge for an order determining whether or not the claim of privilege is valid; and, for the pur- poses of determining any such application, the Judge may re- quire the information or document to be produced to the court.
[Repealed] In this section— law practitioner means a barrister or solicitor of the High Court, and includes a firm or an incorporated law firm (within the meaning of the Lawyers and Conveyancers Act 2006) in which the law practitioner is, or is held out to be, a partner, director, or shareholder trust account, in relation to a law practitioner, has the same meaning as in section 6 of the Lawyers and Conveyancers Act 2006.
Section 11: replaced, on 30 June 1993, by section 3 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

(7) (8) Section 11(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 11(1): amended, on 17 September 1997, by section 4(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 11(1)(a): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 11(2)(a): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 11(2)(a): amended, on 15 April 2003, by section 12(1) of the War Pen- sions Amendment Act 2003 (2003 No 18).
Section 11(2)(a): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 11(2)(a): amended, on 1 July 1998, by section 2(3) of the Social Secur- ity Amendment Act 1998 (1998 No 19).

63 Part 1 s 11A Social Security Act 1964 Reprinted as at 27 July 2012 Section 11(2)(d): replaced, on 1 July 2005, by section 13(1) of the Social Se- curity (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 11(2)(da): inserted, on 17 September 1997, by section 4(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 11(2)(e)(i): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 11(2)(f): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 11(2)(f): amended, on 15 April 2003, by section 12(1) of the War Pen- sions Amendment Act 2003 (2003 No 18).

Section 11(2)(f): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 11(2)(f): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 11(3): amended, on 17 September 1997, by section 4(3) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 11(4): replaced, on 17 September 1997, by section 4(4) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 11(6): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 11(6): amended, on 17 September 1997, by section 4(5)(a) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 11(6): amended, on 17 September 1997, by section 4(5)(b) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 11(7): repealed, on 17 September 1997, by section 4(6) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 11(8): replaced, on 1 August 2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).
11A Power to obtain information for matching purposes (1) Where the chief executive has reason to suspect that there is, or may have been, any person or persons in the employ of any employer— (a) to whom benefits or payments under this Act have been paid; or to whom entitlement cards have been issued; or in respect of whom or whose spouse or partner, a means assessment under Part 4 has been conducted— that should not have been, the chief executive may, subject to this section, issue a notice under section 11(1) requiring (b) (c) 64 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 11A that employer to provide the following information within a specified period: (d) the names and addresses of that employer’s employees or a specified class of employees (including any former employees who were employed by that employer within a specified period); and the tax file numbers of those employees or former em- ployees.
(e) (2) The chief executive may issue a notice to an employer pur- suant to subsection (1) whether or not the chief executive is able to identify any employees or former employees of that employer as being individuals who— (a) are or have been receiving a benefit or payment under this Act; or are or have been issued with entitlement cards pursuant to regulations in force under this Act; or have had their financial circumstances, or the financial circumstances of their spouse or partner, assessed under this Act.
(b) (c) (3) The chief executive shall not issue a notice to any employer pursuant to subsection (1) more than once in any 12-month period.
(4) Where the chief executive obtains information pursuant to a notice issued under subsection (1), and that information, when used in an information-matching programme, produces a dis- crepancy, the chief executive shall not take adverse action against any individual in relation to that discrepancy— (a) unless the chief executive has given that individual writ- ten notice— (i) specifying particulars of the discrepancy and of the adverse action the chief executive proposes to take; and stating that the individual has 5 working days from the receipt of the notice in which to show cause why the action should not be taken; and (ii) (b) until the expiration of those 5 working days.
(5) Nothing in subsection (4) prevents the chief executive from taking adverse action against an individual if compliance with the requirements of that subsection would prejudice any in- 65 Part 1 s 11A Social Security Act 1964 Reprinted as at 27 July 2012 (6) vestigation into the commission of an offence or the possible commission of an offence.
The provisions of sections 100 to 102 and 104 to 106 of the Privacy Act 1993, and of the information matching rules spe- cified in Schedule 4 of that Act, shall apply, with all necessary modifications, to any information obtained by the chief execu- tive pursuant to subsection (1) and to any information match- ing programme using that information; but, notwithstanding anything in rule 4 of those rules,— (a) the chief executive shall not be required to prepare more than 1 technical standards report in respect of informa- tion received from any employer or employers pursuant to subsection (1) where the standards in that report are to apply to information so obtained from any employers generally; and the chief executive shall not be required to make that report available to any employer given notice pursuant to subsection (1), and nor shall any such employer be required to hold a copy of that report.
(b) (7) Where the chief executive fails to comply, in relation to any individual, with subsection (4) or with any of the provisions of the sections or rules applied by subsection (6), the failure shall, for the purposes of Part 8 of the Privacy Act 1993, be deemed to constitute a failure to comply with the provisions of Part 10 of that Act.
In this section, information matching programme means the comparison of information obtained pursuant to subsection (1) with other personal information held by the department for the purpose of producing or verifying information about an identifiable individual; and expressions otherwise defined in section 97 of the Privacy Act 1993 shall have the meanings so defined, with any necessary modifications.
(8) (9) Nothing in this section shall limit or affect the provisions of section 103(1A) of the Privacy Act 1993.

In this section, tax file number has the same meaning as in section YA 1 of the Income Tax Act 2007.

Section 11A: replaced, on 30 June 1993, by section 3 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
(10) 66 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 11A Section 11A(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 11A(1)(c): amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

Section 11A(1)(c): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).
Section 11A(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 11A(2)(c): replaced, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 11A(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 11A(4): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 11A(4)(a): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 11A(4)(a)(i): amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 11A(5): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 11A(6): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 11A(6)(a): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 11A(6)(b): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 11A(7): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 11A(10): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
67 Part 1 s 11B Social Security Act 1964 Reprinted as at 27 July 2012 11B Code of conduct applying to obtaining information under (1) (2) section 11 The chief executive, in consultation with the Privacy Com- missioner appointed under the Privacy Act 1993, must, within 3 months after the commencement of this section, issue a code of conduct that applies in respect of requirements to supply in- formation or documents under section 11(1), and the chief ex- ecutive, and every officer of the department acting under the delegation of the chief executive must comply with that code of conduct in relation to making any such requirement.
The code of conduct— (a) must include the matters specified in section 11C; and (b) may include restrictions on obtaining— (i) (ii) specified classes of information or documents; and information or documents from specified classes of persons or from persons in specified relation- ships— pursuant to a requirement under section 11(1); and (c) must specify procedures applying to the obtaining of information or documents under section 11.
(3) The chief executive may from time to time, in consultation with the Privacy Commissioner, amend the code of conduct, or revoke the code of conduct and issue a new code of conduct.
(4) Nothing in the code of conduct may derogate from any code of practice issued by the Privacy Commissioner under Part 6 of the Privacy Act 1993 that applies to the information required under section 11, and the chief executive, in consultation with the Privacy Commissioner, must amend the code of conduct to conform with any such code of practice.

This subsection is affected by subsection (5).
(5) Without limiting the general power to make regulations con- ferred by section 132, the Governor-General may, on the ad- vice of the Minister given after consultation with the Privacy Commissioner, by Order in Council, make regulations under that section authorising the chief executive to obtain— (a) (b) any specified class of information or document; or information or documents from any specified class of persons; or 68 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 11C information or documents in any specified manner— (c) pursuant to a requirement under section 11(1), despite the fact that the making of that requirement would otherwise be in breach of any code of practice issued by the Privacy Commis- sioner under Part 6 of the Privacy Act 1993.
(6) Any person who is— (a) required to produce any information or document pur- suant to a requirement under section 11(1); or the subject of any such information or document— (b) may make a complaint to the Privacy Commissioner that the requirement breaches the code of conduct issued pursuant to this section.

Part 8 of the Privacy Act 1993 applies to any such complaint as if the code of conduct were a code of practice issued under Part 6 of the Privacy Act 1993.
(7) (8) As soon as practicable after issuing any code of conduct and any amendment to it under this section, the chief executive must cause it to be published in a form accessible to the public.

Section 11B: inserted, on 17 September 1997, by section 5 of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 11B(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 11B(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 11B(4): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 11B(5): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 11B(8): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
11C Matters to be included in code of conduct (1) The code of conduct established under section 11B must con- tain the following matters: provisions— (a) 69 Part 1 s 11C Social Security Act 1964 Reprinted as at 27 July 2012 (i) (ii) requiring any information or document to be first sought from a beneficiary; and allowing the beneficiary a reasonable time to pro- vide it— before a requirement under section 11(1) is issued to a person other than the beneficiary, except where compli- ance with such provision would prejudice the mainten- ance of the law: a provision prohibiting a requirement under section 11(1) being made in respect of a beneficiary to any per- son (not being the beneficiary, an employer or former employer of the beneficiary, a financial institution, or a law practitioner) unless there is reasonable cause to make a requirement under that section: a provision prohibiting a requirement under section 11(1) being made to an employer in respect of any information or document that relates solely to the marital or relationship status of an employee or former employee of that employer: provisions otherwise restricting requirements under section 11(1) made to employers to specified informa- tion relating to that employment and the address of the employee or former employee.
(b) (c) (d) (b) In subsection (1)(b), reasonable cause includes— (a) cause to suspect that the beneficiary has committed an offence under this Act or has obtained by fraud any pay- ment or credit or advance under this Act: the fact that the beneficiary or a spouse or partner of that beneficiary has failed within a reasonable time, or re- fused, to provide any information or produce any docu- ment in accordance with a request or requirement made to that person in accordance with subsection (1)(a).
Section 11C: inserted, on 17 September 1997, by section 5 of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 11C(1)(c): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 11C(2)(b): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).
(2) 70 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 11D 11D Application process for benefits (1) A benefit must not be granted to an applicant unless the re- (2) (3) (4) (5) (6) (7) quirement stated in subsection (2) has been complied with.
The requirement referred to in subsection (1) is that the depart- ment has received— (a) an application form (provided by the chief executive for the purpose) completed by or on behalf of the applicant and his or her spouse or partner (if any) to the chief executive’s satisfaction; and any supporting evidence (for example, a medical cer- tificate) reasonably required by the chief executive.

(b) The form referred to in subsection (2)(a) does not have to refer to a benefit of any particular kind.
The receipt by the department of a completed application form relating to a benefit of one kind is sufficient compliance with subsection (2)(a) to enable the granting of a benefit of another kind.
The chief executive— (a) may waive all or part of a requirement to provide in- formation under this section if satisfied that the depart- ment— (i) (ii) already holds the information concerned; or already holds enough other information to deter- mine the matter for which the information con- cerned is needed; and (b) may waive the requirement to complete an application form if satisfied that the department already holds a form relating to an application that has lapsed under subsection (8).
Subsection (1) is subject to subsection (5) and to section 81(3).

If the requirement stated in subsection (2) has been complied with, an application for a benefit must for the purposes of sec- tions 80 and 80BA be treated as having been received on the date of first contact.
(8) An application for a benefit lapses at the close of the period of 20 working days after the date of first contact (as from time to time extended under subsection (10)) unless, within the period, 71 Part 1 s 12 Social Security Act 1964 Reprinted as at 27 July 2012 (9) the requirement stated in subsection (2) has been complied with.
Subsection (8) does not apply to an application for a benefit made by a person resident in an overseas country to the com- petent authority of that country pursuant to an agreement or convention given effect in relation to New Zealand by an Order in Council made pursuant to section 19 of the Social Welfare (Transitional Provisions) Act 1990.
(10) Before or after the expiration of the period referred to in sub- section (8), the chief executive may extend that period, if in any particular case he or she thinks that there is a good and suf- ficient reason for non-compliance with the requirement stated in subsection (2) within that period.
(11) The combined effect of subsections (1) and (8) is that an appli- cant whose application for a benefit has lapsed cannot become entitled to the benefit without applying for it again and estab- lishing his or her eligibility to receive it.

(12) This section is subject to section 96A.

Section 11D: inserted, on 24 September 2007, by section 24 of the Social Se- curity Amendment Act 2007 (2007 No 20).
12 (1) Investigation of claims and grant of benefits Every claim for a benefit shall be investigated by the chief executive or by an officer of the department acting with the authority of the chief executive, and all benefits shall (subject to any delegation of the chief executive’s powers under this Act) be granted by the chief executive.
(1AA) If he or she thinks an investigation into an application for a benefit of kind A is unlikely to be completed quickly (for example, because of the need to obtain further medical evi- dence), the chief executive may grant the applicant a benefit of kind B to which the applicant is entitled, on the basis that a benefit of kind A will be granted retroactively if it becomes ap- parent that the applicant is entitled to a benefit of kind A; and in that case, if (when the investigation has been completed) it becomes apparent that the applicant is in fact entitled to a benefit of kind A, the chief executive may— (a) grant the applicant a benefit of kind A commencing on the date on which it would have commenced if the in- 72 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 12 (b) (2) vestigation had been completed before the benefit of kind B was granted; and terminate the benefit of kind B on that date.
(1A) The chief executive or any officer of the department acting with the authority of the chief executive may investigate the circumstances of any person who has been in receipt of a benefit as those circumstances existed immediately before the benefit was granted or during the period that the benefit was paid.
It shall be the duty of every person (including the applicant) to answer all questions put to him by the chief executive or by any officer of the department concerning any applicant for a benefit or any person who is or has been in receipt of a benefit or concerning any statements contained in any application for a benefit, or concerning the means, earning capacity, and eco- nomic circumstances of any person, for the purposes of section 46 or section 91 of the Family Proceedings Act 1980, or of any person who is or may be liable to maintain any applicant for a benefit or any beneficiary, or any dependant of such an appli- cant or of a beneficiary.
Every person commits an offence who demands or accepts from any applicant or from any other person any fee or other consideration for procuring or endeavouring to procure the grant of a benefit.

Compare: 1938 No 7 s 59 (3) Section 12(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 12(1AA): inserted, on 24 September 2007, by section 25 of the Social Security Amendment Act 2007 (2007 No 20).
Section 12(1A): inserted, on 24 August 1979, by section 3(1) of the Social Se- curity Amendment Act 1979 (1979 No 14).

Section 12(1A): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 12(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 12(2): amended, on 1 July 1992, by section 4(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

73 Part 1 s 12A Social Security Act 1964 Reprinted as at 27 July 2012 Section 12(2): amended, on 1 October 1981, by section 189(1) of the Family Proceedings Act 1980 (1980 No 94).

Section 12(2): amended, on 24 August 1979, by section 3(2)(a) of the Social Security Amendment Act 1979 (1979 No 14).
Section 12(2): amended, on 24 August 1979, by section 3(2)(b) of the Social Security Amendment Act 1979 (1979 No 14).

Section 12(2): amended, on 11 October 1978, by section 3 of the Social Security Amendment Act 1978 (1978 No 58).

Section 12(2): amended, on 20 October 1972, by section 3 of the Social Security Amendment Act 1972 (1972 No 133).

Section 12(2): amended, on 1 January 1970, by section 3(1) of the Social Se- curity Amendment Act 1969 (1969 No 46).
Appeal Authority Heading: Amendment Act 1973 (1973 No 34).

inserted, on 1 May 1974, by section 4(1) of the Social Security 12A Social Security Appeal Authority (1) There is hereby established an Authority to be known as the Social Security Appeal Authority.

The Authority shall consist of 3 persons appointed by the Gov- ernor-General on the recommendation of the Minister given after consultation with the Minister of Justice.

(2) (3) One of the members shall be appointed as Chairman of the Authority.
Section 12A: inserted, on 1 May 1974, by section 4(1) of the Social Security Amendment Act 1973 (1973 No 34).

12B Term of office of members (1) Except as otherwise provided by this Act, every member of the Appeal Authority shall hold office for a term of 3 years, and shall be eligible for reappointment from time to time.
(2) Notwithstanding anything to the contrary in this Act, every member of the Appeal Authority shall, unless he sooner va- cates his office under section 12C, continue in office until his successor comes into office.

Section 12B: inserted, on 1 May 1974, by section 4(1) of the Social Security Amendment Act 1973 (1973 No 34).
74 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 12D 12C Extraordinary vacancies (1) Any member of the Appeal Authority may at any time be re- moved from office by the Governor-General for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Gov- ernor-General, or may at any time resign his office by written notice to the Minister.
(3) (2) When the office of any member becomes vacant by death, res- ignation, or removal from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made.

Every person appointed to fill an extraordinary vacancy shall hold office for the residue of the term for which his predecessor would have held office if the vacancy had not occurred.

The powers of the Appeal Authority shall not be affected by any vacancy in its membership.
Section 12C: inserted, on 1 May 1974, by section 4(1) of the Social Security Amendment Act 1973 (1973 No 34).

(4) Section 12C(1): amended, on 1 January 2002, by section 70(1) of the Human Rights Amendment Act 2001 (2001 No 96).
12D Special Appeal Authorities (1) In addition to the Appeal Authority established by section 12A, there may from time to time be established in accord- ance with this section 1 or more Special Authorities each of which shall be known as a Special Social Security Appeal Au- thority.
Every Special Social Security Appeal Authority shall consist of 3 persons appointed by the Governor-General on the rec- ommendation of the Minister given after consultation with the Minister of Justice, and those members shall hold office dur- ing the pleasure of the Governor-General.

(2) (3) One of the members shall be appointed as Chairman of the Authority.
(4) Any member of a Special Social Security Appeal Authority may from time to time be reappointed, or may at any time resign his office by written notice to the Minister.

Section 12D: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
75 Part 1 s 12E Social Security Act 1964 Reprinted as at 27 July 2012 12E Deputies of members (1) In the event of the incapacity of any member of the Appeal Au- thority by reason of illness or absence or any other cause, the Governor-General may, on the recommendation of the Min- ister given after consultation with the Minister of Justice, ap- point some other person qualified for appointment to act in the place of the Chairman or member, as the case may require.
Every person so appointed as deputy shall, while the incap- acity continues, be deemed for all purposes to be the Chairman or a member of the Authority, as the case may be.

(2) No appointment of a deputy, and no acts done by a deputy acting as Chairman or by the Authority, while the deputy is acting as such, shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased.
(3) Notwithstanding the provisions of subsections (1) and (2), the Governor-General may, on the recommendation of the Minister given after consultation with the Minister of Justice, appoint some other person qualified for appointment to be Deputy Chairman, to act as Chairman from time to time as required.

Section 12E: inserted, on 1 May 1974, by section 4(1) of the Social Security Amendment Act 1973 (1973 No 34).
Section 12E(3): inserted, on 21 January 1981, by section 2 of the Social Security Amendment Act (No 2) 1980 (1980 No 158).

12F Remuneration and travelling allowances (1) The Appeal Authority is hereby declared to be a statu- tory board within the meaning of the Fees and Travelling Allowances Act 1951.
There shall be paid, out of money appropriated by Parliament for the purpose, to the members of the Appeal Authority re- muneration by way of fees, salary, or allowances, and travel- ling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.

Section 12F: inserted, on 1 May 1974, by section 4(1) of the Social Security Amendment Act 1973 (1973 No 34).
(2) 76 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 12J 12G Services for Appeal Authority The chief executive of the Ministry of Justice shall designate an officer of the Ministry of Justice to be secretary to the Ap- peal Authority, and shall provide such secretarial, recording, and clerical services as may be necessary to enable the Appeal Authority to discharge its functions.
Section 12G: replaced, on 1 July 1995, by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

Section 12G: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Section 12G: amended, on 1 October 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).

12H Authority to have seal The Authority shall have a seal, which shall be judicially no- ticed by all courts for all purposes.
Section 12H: inserted, on 1 May 1974, by section 4(1) of the Social Security Amendment Act 1973 (1973 No 34).

12I Functions of Appeal Authority (1) The functions of the Appeal Authority shall be to sit as a ju- dicial authority for the determination of appeals in accordance with section 12J of this Act and section 16A of the War Pen- sions Act 1954.
In hearing and determining any appeal, the Appeal Authority shall have all the powers, duties, functions, and discretions that the chief executive had in respect of the same matter.

Section 12I: inserted, on 1 May 1974, by section 4(1) of the Social Security Amendment Act 1973 (1973 No 34).

(2) Section 12I(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
12J Right of appeal (1) Any applicant or beneficiary affected may appeal to the Appeal Authority against any decision or determination of the chief executive under— (a) (b) any of the provisions of Part 1, Part 2, or Part 4; or section 124(1)(d); or 77 Part 1 s 12J Social Security Act 1964 Reprinted as at 27 July 2012 (c) Part 1 of the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954; or (ca) Part 1 of the New Zealand Superannuation and Retire- (d) (e) ment Income Act 2001; or the Family Benefits (Home Ownership) Act 1964; or any regulations in force under section 132A or section 155— that has been confirmed or varied by a benefits review commit- tee under section 10A, or that was made by the chief executive other than pursuant to a delegation.
(1A) An applicant or beneficiary or other person may appeal to the Appeal Authority against a decision— (a) that was made in relation to that person by the chief ex- ecutive under the power conferred by section 19D(1)(a) of the Social Welfare (Transitional Provisions) Act 1990; and that has been confirmed or varied by a benefits review committee under section 10A or that was made by the chief executive other than pursuant to a delegation.
(b) (2) (1B) Subsection (1) applies to a person in respect of whom a deci- sion or determination is made under Part 4 or under regulations made under section 155 as if the person were a beneficiary.
The Appeal Authority shall not have the authority to hear and determine any appeal on medical grounds or on grounds relat- ing to incapacity, or capacity for work against any decision or determination of the chief executive in respect of— (a) (b) (c) (d) an invalid’s benefit; or a child disability allowance under section 39A; or [Repealed] a veteran’s pension under section 70 of the War Pen- sions Act 1954; or a sickness benefit.
(e) [Repealed] [Repealed] Section 12J: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).

Section 12J(1): replaced, on 17 September 1997, by section 6(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

(3) (4) 78 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 12J Section 12J(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 12J(1)(a): amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

Section 12J(1)(a): amended, on 1 October 1998, by section 19(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 12J(1)(c): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 12J(1)(ca): inserted, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 12J(1)(ca): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 12J(1)(e): amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 12J(1A): replaced, on 23 November 2000, by section 8(2) of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).

Section 12J(1B): inserted, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

Section 12J(2): replaced, on 1 July 1993, by section 4(2) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
Section 12J(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 12J(2): amended, on 1 October 1998, by section 19(2)(a) of the Social Security Amendment Act 1998 (1998 No 19).

Section 12J(2): amended, on 17 September 1997, by section 6(2)(a) of the So- cial Security Amendment Act (No 4) 1997 (1997 No 63).
Section 12J(2)(b): amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).

Section 12J(2)(c): repealed, on 17 November 2000, by section 7(2) of the Hous- ing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

Section 12J(2)(d): inserted, on 17 September 1997, by section 6(2)(c) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 12J(2)(d): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 12J(2)(e): replaced, on 1 October 1998, by section 19(2)(b) of the Social Security Amendment Act 1998 (1998 No 19).

Section 12J(2)(e): amended, on 1 July 2001, by section 15(1)(a) of the Social Security Amendment Act 2001 (2001 No 1).

Section 12J(3): repealed, on 8 March 2001, by section 4(2) of the Social Secur- ity Amendment Act 2001 (2001 No 1).
79 Part 1 s 12K Social Security Act 1964 Reprinted as at 27 July 2012 Section 12J(4): repealed, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

12K Procedure on appeal (1) An appeal under section 12J is begun by a written notice of (1A) (1B) appeal.
If the appeal is against a decision or determination of the chief executive confirmed or varied by a benefits review committee, the notice of appeal must be lodged with the Secretary of the Appeal Authority within— (a) 3 months after the applicant is notified of the confirm- ation or variation under section 10A(9); or an additional time allowed by the Appeal Authority, on an application made to it before or after the end of that period of 3 months.
(b) If the appeal is against a decision or determination of the chief executive made other than pursuant to a delegation, the notice of appeal must be lodged with the Secretary of the Appeal Authority within— (a) 3 months after the applicant is notified of the decision or determination; or an additional time allowed by the Appeal Authority, on an application made to it before or after the end of that period of 3 months.
(b) (1C) The parties to an appeal are— (a) the applicant or beneficiary affected by the decision or determination; and the chief executive.

(b) The notice of appeal shall state with particularity the grounds of appeal and the relief sought.

Either before or immediately after the lodging of the notice of appeal, a copy of it shall be left with or sent to the chief executive.
(2) (3) (4) As soon as possible after the receipt of the copy of the notice of appeal by the chief executive, the chief executive shall send to the Secretary of the Appeal Authority— (a) any application, documents, written submissions, state- ments, reports, and other papers lodged with, received 80 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 12K (b) (c) (d) by, or prepared for, the chief executive and relating to the decision or determination appealed against; a copy of any notes made by or by direction of the chief executive of the evidence given at the hearing (if any) before the chief executive; any exhibits in the custody of the chief executive; a copy of the decision or determination appealed against; and a report setting out the considerations to which regard was had in making the decision or determination.
The Authority may direct that a further report be lodged by the chief executive, in addition to the report sent to the Authority under paragraph (e) of subsection (4).

(e) (5) (6) A copy of every report lodged pursuant to paragraph (e) of subsection (4), or subsection (5), shall be given or sent forth- with to every party to the appeal, and any such party shall be entitled to be heard and to tender evidence on any matter re- ferred to in the report.
(7) As soon as conveniently may be after the receipt of any appeal, the Appeal Authority shall, unless it considers that the appeal can be properly determined without a hearing, fix a time and place for the hearing of the appeal, and shall give not less than 10 clear days’ notice thereof to the appellant and to the chief executive.
(8) At the hearing of any appeal the chief executive may be rep- resented by counsel or by an officer of the department and any other party may appear and act personally or by counsel or any duly authorised representative.

Proceedings before the Authority shall not be held bad for want of form.

(9) (10) Except as provided by this Act or by any regulations for the time being in force under this Act, the procedure of the Au- thority shall be such as the Authority may determine.
(11) Where notice of any decision or determination in respect of which an appeal lies to the Authority has been given by post addressed to the appellant at his last known or usual address, then, for the purposes of subsections (1A) and (1B), the ap- pellant shall be deemed to have been notified of the decision 81 Part 1 s 12K Social Security Act 1964 Reprinted as at 27 July 2012 or determination at the time when the letter would have been delivered in the ordinary course of post.
Section 12K: inserted, on 1 May 1974, by section 4(1) of the Social Security Amendment Act 1973 (1973 No 34).

Section 12K(1): replaced, on 17 September 1997, by section 7(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 12K(1A): inserted, on 17 September 1997, by section 7(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 12K(1A): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 12K(1B): inserted, on 17 September 1997, by section 7(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 12K(1B): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 12K(1C): inserted, on 17 September 1997, by section 7(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 12K(1C)(b): amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 12K(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 12K(4): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 12K(4)(a): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 12K(4)(b): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 12K(4)(c): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 12K(5): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 12K(7): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 12K(8): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

82 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 12M Section 12K(11): amended, on 17 September 1997, by section 7(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
12L Expenses payable to appellants If the Appeal Authority requests an appellant to appear before it and the appellant does so, the chief executive shall, out of money appropriated by Parliament for the purpose, pay the actual and reasonable travelling and accommodation expenses (if any) incurred by the appellant.

Section 12L: inserted, on 1 May 1974, by section 4(1) of the Social Security Amendment Act 1973 (1973 No 34).
Section 12L: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
12M Hearing and determination of appeal (1) Subject to subsection (7) of section 12K, every appeal against a decision of the chief executive shall be by way of rehear- ing; but where any question of fact is involved in any appeal, the evidence taken before or received by the chief executive bearing on the subject shall, subject to any special order, be brought before the Authority as follows: (a) as to any evidence given orally, by the production of a copy of the notes of the chief executive or of such other material as the Authority thinks expedient: as to any evidence taken by affidavit and as to any ex- hibits, by the production of the affidavits and such of the exhibits as may have been forwarded to the Author- ity by the chief executive, and by the production by the parties to the appeal of such exhibits as are in their cus- tody.
(b) (2) Notwithstanding anything in subsection (1), on any appeal against a decision or determination of the chief executive, the Authority may rehear the whole or any part of the evidence, and shall rehear the evidence of any witness if the Authority has reason to believe that any note of the evidence of that wit- ness made by the chief executive is or may be incomplete in any material particular.
83 Part 1 s 12M Social Security Act 1964 Reprinted as at 27 July 2012 (3) (4) (5) (6) (7) The Authority shall have full discretionary power to hear and receive evidence or further evidence on questions of fact, either by oral evidence or by affidavit.

The Authority shall also have regard to any report lodged by the chief executive under section 12K and to any matters re- ferred to therein and to any evidence tendered thereon, whether or not such matters would be otherwise admissible in evidence.
In the exercise of its powers under this section the Authority may receive as evidence any statement, document, informa- tion, or matter which in the opinion of the Authority may assist it to deal with the matters before it, whether or not the same would be admissible in a court of law.
The Authority shall, within the scope of its jurisdiction, be deemed to be a commission of inquiry under the Commissions of Inquiry Act 1908, and subject to the provisions of this Act, all the provisions of the Act, except sections 2, 10, 11, and 12, shall apply accordingly.

Subject to subsection (2) of section 12I, in the determination of any appeal the Authority may confirm, modify, or reverse the decision or determination appealed against.
(8) Notwithstanding the provisions of subsection (7), the Author- ity may refer to the chief executive for further consideration, the whole or any part of the matter to which an appeal relates, and where any matter is so referred the Authority shall advise the chief executive of its reasons for so doing and shall give such directions as it thinks just as to the rehearing or reconsid- eration or otherwise of the whole or any part of the matter that is so referred.
Section 12M: inserted, on 1 May 1974, by section 4(1) of the Social Security Amendment Act 1973 (1973 No 34).

Section 12M(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 12M(1)(a): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 12M(1)(b): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

84 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 12O Section 12M(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 12M(4): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 12M(8): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

12N Sittings of Appeal Authority (1) (2) (3) (4) (5) The presence of the chairman and 1 other member shall be necessary to constitute a sitting of the Authority.
The decision of a majority of the members present at a sitting of the Authority shall be the decision of the Authority.

If the said members are equally divided in opinion, the decision of the chairman shall be the decision of the Authority.
Every sitting of the Authority shall be held in private and in such place as it considers convenient having regard to the na- ture of the matters to be decided: provided that the Authority may, in any case if it considers that the interests of the parties to the appeal and of all other persons concerned will not be adversely affected, order that the sitting or any part of it shall be held in public.
It shall not be lawful to publish any part of the proceedings before the Appeal Authority unless in any case the Authority orders otherwise.

Every person who acts in contravention of subsection (4) com- mits an offence and shall be liable on summary conviction to a fine not exceeding $100.

Section 12N: inserted, on 1 May 1974, by section 4(1) of the Social Security Amendment Act 1973 (1973 No 34).
12O Costs (1) Where an appeal is allowed in whole or in part, or the whole or any part of the matter is referred back to the chief executive, the Authority may allow the appellant the costs of bringing the appeal or any part thereof.
(2) Where any appeal is not allowed, no award of costs shall be made against the appellant unless in the opinion of the Author- 85 Part 1 s 12OA Social Security Act 1964 Reprinted as at 27 July 2012 ity the appeal was frivolous or vexatious or one that ought not to have been brought.

(3) The amount of costs awarded shall be stated in the order.
(4) Where under this section an award of costs is made and any sum remains unpaid, the person in whose favour the award or order was made may obtain from the Secretary of the Author- ity a certificate under seal of the sum awarded.

When any such certificate is filed in a District Court it may be enforced as to the amount specified therein that is still owing as if it were a judgment of that court.

Section 12O: inserted, on 1 May 1974, by section 4(1) of the Social Security Amendment Act 1973 (1973 No 34).
Section 12O(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 12O(4): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
12OA Costs incurred by Authority Where an appeal is allowed in whole or in part the Authority, if it considers it appropriate, may require the department to pay a sum fixed by the Authority to cover all or part of the costs incurred by the Authority in hearing and determining the appeal.

Section 12OA: inserted, on 23 March 1989, by section 28 of the Finance Act 1989 (1989 No 13).
12P Notice of decision On the determination of any appeal, the Secretary shall send to the chief executive and to the appellant a memorandum of the Authority’s decision and the reasons for the decision, and the chief executive shall forthwith take all necessary steps to carry into effect the decision of the Authority.

Section 12P: inserted, on 1 May 1974, by section 4(1) of the Social Security Amendment Act 1973 (1973 No 34).
Section 12P: amended, on 1 October 1998, b section 11 of the Employment Ser- vices and Income Support (Integrated Administration) Act 1998 (1998 No 96).
86 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 12Q 12Q Appeals to High Court on questions of law only (1) Where any party to any proceedings before the Authority is dissatisfied with any determination of the Authority as being erroneous in point of law, he may appeal to the High Court by way of case stated for the opinion of the court on a question of law only.
[Repealed] (2) (3) Within 14 days after the date of the determination the appel- lant shall lodge a notice of appeal with the Secretary of the Authority.

The appellant shall forthwith deliver or post a copy of the notice to every other party to the proceedings.
(4) Within 14 days after the lodging of the notice of appeal, or within such further time as the Chairman of the Authority may in his discretion allow, the appellant shall state in writing and lodge with the Secretary of the Authority a case setting out the facts and the grounds of the determination and specifying the question of law on which the appeal is made.

The appellant shall forthwith deliver or post a copy of the case to every other party to the proceedings.
(7) (6) (5) As soon as practicable after the lodging of the case, the Sec- retary of the Authority shall submit it to the Chairman of the Authority.

The Chairman shall, as soon as practicable, and after hearing the parties if he considers it necessary to do so, settle the case, sign it, send it to the Registrar of the High Court at Wellington, and make a copy available to each party.

The settling and signing of the case by the Chairman shall be deemed to be the statement of the case by the Authority.
If within 14 days after the lodging of the notice of appeal, or within such time as may be allowed, the appellant does not lodge a case pursuant to subsection (4), the Chairman of the Authority may certify that the appeal has not been prosecuted.

The court or a Judge thereof may in its or his discretion, on the application of the appellant or intending appellant extend any time prescribed or allowed under this section for the lodging of a notice of appeal or the stating of any case.
(9) (8) (10) Subject to the provisions of this section, the case shall be dealt with in accordance with rules of court.

87 Part 1 s 12R Social Security Act 1964 Reprinted as at 27 July 2012 Section 12Q: inserted, on 1 May 1974, by section 4(1) of the Social Security Amendment Act 1973 (1973 No 34).

Section 12Q heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).
Section 12Q(1): amended, on 1 April 1980, pursuant to section 12 of the Judi- cature Amendment Act 1979 (1979 No 124).

Section 12Q(2): repealed, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).

Section 12Q(6): amended, on 1 April 1980, pursuant to section 12 of the Judi- cature Amendment Act 1979 (1979 No 124).
12R Appeals to Court of Appeal The provisions of section 144 of the Summary Proceedings Act 1957 shall apply in respect of any determination of the High Court under section 12Q of this Act as if the determin- ation were made under section 107 of the Summary Proceed- ings Act 1957.

Section 12R: inserted, on 1 May 1974, by section 4(1) of the Social Security Amendment Act 1973 (1973 No 34).

Section 12R: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).
12S Appeals to Supreme Court (1) Any person affected by a determination of the High Court made under section 12Q, or a determination of the Court of Appeal made under section 12R, may apply, in accordance with the Supreme Court Act 2003, to the Supreme Court for leave to appeal against the determination.

Subsection (1) is by way of explanation only.

Section 12S: inserted, on 7 July 2010, by section 5 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).
(2) National superannuation Heading: substituted, on 9 February 1977, by section 4(1) of the Social Security Amendment Act 1976 (1976 No 40).

National superannuation [Repealed] Section 13: repealed, on 1 April 1990, by section 14(18) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
13 88 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 20 Residential qualification for national superannuation [Repealed] Section 14: repealed, on 1 April 1990, by section 14(18) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Rates of national superannuation [Repealed] Section 15: repealed, on 1 April 1990, by section 14(18) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Special provisions in respect of married couples where one spouse not entitled to national superannuation [Repealed] Section 16: repealed, on 1 April 1989, by section 29(1) of the Finance Act 1989 (1989 No 13).

Commencement and payment of national superannuation [Repealed] Section 17: repealed, on 1 April 1990, by section 14(18) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Termination of national superannuation on death of recipient [Repealed] Section 18: repealed, on 28 September 1982, by section 4(1) of the Social Se- curity Amendment Act 1982 (1982 No 16).

Special allowance for South African War veterans [Repealed] Section 19: repealed, on 1 April 1990, by section 14(18) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Additional benefit for South African War veterans [Repealed] Section 20: repealed, on 9 February 1977, by section 4(1) of the Social Security Amendment Act 1976 (1976 No 40).
89 Part 1 s 21 Social Security Act 1964 Reprinted as at 27 July 2012 Widows’ benefits 21 Widows’ benefits (1) Subject to the provisions of this Act,— (a) (b) (c) (d) every widow who is the mother of 1 or more dependent children; and every widow (not being a widow to whom paragraph (a) applies) who satisfies the following conditions, namely: that she has had 1 or more children; and (i) that the duration of her marriage (or, if she was (ii) married more than once, the aggregate of the periods of the duration of her marriages) was not less than 15 years, or, in the alternative, that the aggregate of the periods of the duration of her marriage or marriages and any subsequent period during which she had the care and control of at least 1 of her children under 16 years of age was not less than 15 years; and every widow who, on the expiration of not less than 5 years after the date of her marriage, became a widow after she had attained the age of 50 years; and every widow (not being a widow to whom paragraph (c) applies) who satisfies all of the following conditions, namely: (i) (ii) that she is not less than 50 years of age; that she became a widow after she had attained the age of 40 years; that the duration of her marriage (or, if she was married more than once, the aggregate of the periods of the duration of her marriages) was not less than 10 years; and that not less than 15 years has elapsed since the date of her marriage or, if she was married more than once, the date of her first marriage,— (iii) (iv) shall be entitled to receive a widow’s benefit under this Act.
(2) An applicant for a widow’s benefit must meet the residential requirements in section 74AA.

(2A) A woman who receives a benefit under this section must— (a) comply with a requirement under section 60Q; and 90 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 21 (b) comply with any other obligation arising under any of sections 60Q to 60S.
(2B) [Repealed] (2C) [Repealed] (2D) [Repealed] [Repealed] (3) [Repealed] (4) [Repealed] (5) For the purposes of this section, the chief executive may, in the (6) chief executive’s discretion, regard a dependent child as being a child of an applicant, and the applicant as being the mother of the child, if— the child— (a) (i) is being maintained by the applicant; and (ii) was at any time maintained by the applicant’s husband; or (b) (c) section 28(a) or 29(b) applies to the child; or the child’s parents are unwilling to support the child because of circumstances the chief executive considers exceptional.
(7) (8) For the purpose of determining eligibility for a benefit under this section, a woman whose civil union partner or de facto partner has died is treated in the same way as a widow is treated, and her civil union partner or de facto partner is treated in the same way as a husband of a widow is treated.
For the purpose of this section,— (a) a reference in this section to a marriage must be read as a reference to a marriage or civil union or de facto relationship; and a reference in this section to being married must be read as a reference to being married or in a civil union or in a de facto relationship; and a reference in this section to a date of a marriage must be read as a reference to the date of a marriage or of entering into a civil union or a de facto relationship.
(b) (c) Compare: 1938 No 7 s 22; 1945 No 11 s 9(c); 1952 No 81 s 15 Section 21(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

91 Part 1 s 22 Social Security Act 1964 Reprinted as at 27 July 2012 Section 21(1)(a): amended, on 1 January 1984, by section 3(1) of the Social Security Amendment Act 1983 (1983 No 138).

Section 21(2): replaced, on 2 July 2007, by section 10(2) of the Social Security Amendment Act 2007 (2007 No 20).
Section 21(2A): replaced, on 10 March 2003, by section 6 of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

Section 21(2B): repealed, on 10 March 2003, by section 6 of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

Section 21(2C): repealed, on 10 March 2003, by section 6 of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Section 21(2D): repealed, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 21(3): repealed, on 2 July 2007, by section 5 of the Social Security Amendment Act 2007 (2007 No 20).

Section 21(4): repealed, on 2 July 2007, by section 5 of the Social Security Amendment Act 2007 (2007 No 20).

Section 21(5): repealed, on 1 April 1990, by section 37(2) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Section 21(6): replaced, on 2 July 2007, by section 5 of the Social Security Amendment Act 2007 (2007 No 20).

Section 21(7): replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 21(8): replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Benefits to wives of mental patients [Repealed] Section 22: repealed, on 14 November 1973, by section 5(1) of the Social Se- curity Amendment Act 1973 (1973 No 34).
Benefits to deserted wives [Repealed] Section 23: repealed, on 14 November 1973, by section 5(1) of the Social Se- curity Amendment Act 1973 (1973 No 34).

Rates of widows’ benefits Subject to the provisions of this Act, the rate of the widow’s benefit payable to any beneficiary shall be the appropriate rate specified in Schedule 3.
22 23 24 (1) 92 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 27A (2) (3) [Repealed] [Repealed] Section 24(1): amended, on 1 February 1999, by section 60 of the Social Se- curity Amendment Act 1998 (1998 No 19).

Section 24: amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 24(2): repealed, on 14 November 1973, by section 5(1) of the Social Security Amendment Act 1973 (1973 No 34).
Section 24(3): repealed, on 14 November 1973, by section 5(1) of the Social Security Amendment Act 1973 (1973 No 34).

25 26 27 Special provisions as to benefits to deserted wives [Repealed] Section 25: repealed, on 14 November 1973, by section 5(1) of the Social Se- curity Amendment Act 1973 (1973 No 34).

Continuation of benefit to deserted wife after divorce [Repealed] Section 26: repealed, on 14 November 1973, by section 5(1) of the Social Se- curity Amendment Act 1973 (1973 No 34).
Continuation of widow’s benefit when benefit ceases to be payable in respect of children [Repealed] Section 27: repealed, on 1 April 1990, by section 37(2) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Domestic purposes benefits Heading : inserted, on 14 November 1973, by section 6(1) of the Social Security Amendment Act 1973 (1973 No 34).
27A Interpretation (1) (2) (3) [Repealed] [Repealed] For the purposes of sections 27B to 27D and Schedule 16, the chief executive may, in the chief executive’s discretion, regard a dependent child as being a child of an applicant, and the applicant as being the mother or father of the child, if— (a) the child— (i) is being maintained by the applicant; and 93 Part 1 s 27B Social Security Act 1964 Reprinted as at 27 July 2012 (ii) was at any time maintained by the applicant’s spouse or partner; or (b) (c) section 28(a) or 29(b) applies to the child; or the child’s parents are unwilling to support the child because of circumstances the chief executive considers exceptional.
Section 27A: inserted, on 14 November 1973, by section 6(1) of the Social Security Amendment Act 1973 (1973 No 34).

Section 27A(1): repealed, on 2 July 2007, by section 6 of the Social Security Amendment Act 2007 (2007 No 20).

Section 27A(2): repealed, on 2 July 2007, by section 6 of the Social Security Amendment Act 2007 (2007 No 20).

Section 27A(3): replaced, on 2 July 2007, by section 6 of the Social Security Amendment Act 2007 (2007 No 20).
27B Domestic purposes benefits for solo parents (1) In this section the term applicant means— (a) (b) (c) (d) (e) a woman who is the mother of 1 or more dependent children and who is living apart from, and has lost the support of or is being inadequately maintained by, her spouse or partner: a single woman who is the mother of 1 or more depend- ent children: a woman whose marriage or civil union has been dis- solved, and who is the mother of 1 or more dependent children: [Repealed] a woman who is the mother of 1 or more dependent chil- dren and who has lost the regular support of her spouse or partner because he or she is subject to a sentence of imprisonment and is— (i) (ii) serving the sentence in a penal institution; or subject to release conditions (as that term is de- fined in section 4(1) of the Parole Act 2002) that prevent him or her undertaking employment: serving the sentence on home detention, subject to detention conditions that prevent him or her undertaking employment: (iii) (ea) a woman who is the mother of 1 or more dependent chil- dren and who has lost the regular support of her spouse 94 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 27B or partner because he or she is subject to a sentence of supervision, intensive supervision, or home detention and is subject to conditions (including post-detention conditions of a sentence of home detention) that pre- vent him or her from undertaking employment: a man who is the father of 1 or more dependent children whose mother is dead or who for any other reason are not being cared for by their mother.
(f) (2) Subject to the provisions of this Act, an applicant shall be en- titled to receive a domestic purposes benefit if the chief execu- tive is satisfied that— (aa) the applicant meets the residential requirements in sec- tion 74AA; and the applicant either— (i) is or has been legally married or in a civil union; or has attained the age of 18 years; and (ii) the applicant is caring for a dependent child or children; and the applicant is not living together with his or her spouse or partner or with the other parent of the child, as the case may be.
(a) (b) (c) (2A) A person who receives a benefit under this section must— (a) (b) comply with— (i) (ii) a requirement under section 60Q; and any other obligation arising under any of sections 60Q to 60S; or comply with the work test if that person is a work-tested domestic purposes beneficiary.

(2B) [Repealed] (2C) [Repealed] [Repealed] (3) [Repealed] (4) [Repealed] (5) [Repealed] (6) Section 27B: inserted, on 14 November 1973, by section 6(1) of the Social Security Amendment Act 1973 (1973 No 34).
Section 27B(1)(a): amended, on 1 April 2007, by section 5 of the Social Secur- ity Amendment Act 2005 (2005 No 21).

95 Part 1 s 27B Social Security Act 1964 Reprinted as at 27 July 2012 Section 27B(1)(b): replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 27B(1)(c): replaced, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).
Section 27B(1)(d): repealed, on 9 February 1977, by section 5(1) of the Social Security Amendment Act 1976 (1976 No 40).

Section 27B(1)(e): replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 27B(1)(e)(i): amended, on 1 June 2005, by section 206 of the Correc- tions Act 2004 (2004 No 50).

Section 27B(1)(e)(ii): replaced, on 1 October 2007, by section 58 of the Sen- tencing Amendment Act 2007 (2007 No 27).
Section 27B(1)(e)(iii): inserted, on 1 October 2007, by section 58 of the Sen- tencing Amendment Act 2007 (2007 No 27).

Section 27B(1)(ea): inserted, on 1 October 2007, by section 58 of the Sentenc- ing Amendment Act 2007 (2007 No 27).

Section 27B(1)(f): replaced, on 23 June 1987, by section 11(1) of the Social Security Amendment Act 1987 (1987 No 106).

Section 27B(2): replaced, on 23 June 1987, by section 11(2) of the Social Se- curity Amendment Act 1987 (1987 No 106).
Section 27B(2): amended, on 1 October 1998, b section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Subsection Section 27B(2): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 27B(2)(aa): inserted, on 2 July 2007, by section 10(2) of the Social Security Amendment Act 2007 (2007 No 20).
Section 27B(2)(a): replaced, on 1 August 1991, by section 4(1) of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

Section 27B(2)(a)(i): replaced, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 27B(2)(c): replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27B(2A): replaced, on 27 September 2010, by section 5 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 27B(2B): repealed, on 10 March 2003, by section 7 of the Social Se- curity (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

Section 27B(2C): repealed, on 10 March 2003, by section 7 of the Social Se- curity (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Section 27B(3): repealed, on 9 February 1977, by section 5(3) of the Social Security Amendment Act 1976 (1976 No 40).

96 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 27BA Section 27B(4): repealed, on 23 December 1977, by section 5(3) of the Social Security Amendment Act (No 2) 1977 (1977 No 133).

Section 27B(5): repealed, on 9 February 1977, by section 5(3) of the Social Security Amendment Act 1976 (1976 No 40).
Section 27B(6): repealed, on 9 February 1977, by section 5(3) of the Social Security Amendment Act 1976 (1976 No 40).

27BA Split custody (1) If the parents of 2 or more dependent children— (a) (b) are living apart; and each parent is the principal caregiver of 1 or more of the children; and both parents are otherwise entitled to a domestic pur- poses benefit— (c) (2) (3) (4) (c) (b) only 1 parent shall be entitled to a domestic purposes benefit in respect of the children.
The parent entitled to a domestic purposes benefit under sub- section (1) shall be— (a) the parent already receiving a domestic purposes benefit in respect of any of the children; or the parent whom the chief executive considers was the principal caregiver in respect of the children immedi- ately before the parents began living apart, if no parent is already receiving a domestic purposes benefit in re- spect of any of the children; or the parent who is the principal caregiver in respect of the youngest child, if neither parent was the principal caregiver in respect of the children before they began living apart, or the chief executive is unable to ascertain which parent was the principal caregiver in respect of the children immediately before they began living apart.
This section shall not apply where each parent has become the principal caregiver in respect of at least 1 child under 1 or more orders made by a court of competent jurisdiction, and about the role of providing day-to-day care for children.
This section shall apply only to a person who applies for a domestic purposes benefit on or after 1 October 1991, or where the department was not notified before 1 October 1991 that 97 Part 1 s 27C Social Security Act 1964 Reprinted as at 27 July 2012 (5) each parent was the principal caregiver in respect of 1 or more of the children.
In this section, child means a dependent child of the parents— (a) (b) born of their relationship; or adopted by the parents or by one of the parents during their marriage or civil union or de facto relationship.

Section 27BA: inserted, on 1 October 1991, by section 5(1) of the Social Se- curity Amendment Act (No 2) 1991 (1991 No 78).

Section 27BA(2)(b): amended, on 1 October 1998, b section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 27BA(2)(c): amended, on 1 October 1998, b section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 27BA(3): amended, on 1 July 2005, by section 151 of the Care of Chil- dren Act 2004 (2004 No 90).

Section 27BA(5): replaced, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 27BA(5)(b): amended, on 1 April 2007, by section 5 of the Social Se- curity Amendment Act 2005 (2005 No 21).
27C Domestic purposes benefits for women alone (1) In this section— marriage includes a relationship in the nature of marriage al- though the 2 parties to the relationship are not legally married relative in relation to any person (person A) means any of the following: (a) (b) a parent or step-parent of person A: a child of person A or a stepchild of person A who is over the age of 16 years: a grandparent or great grandparent of person A: a sister or brother or stepsister or stepbrother of per- son A: an aunt or uncle of person A: a child of a brother or sister of person A, or of a person with whom a brother or sister of person A is in a mar- riage or civil union or de facto relationship: a child of an uncle or aunt of person A, or of a person with whom an uncle or aunt of the person is in a mar- riage or civil union or de facto relationship (c) (d) (f) (g) (h) 98 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 27C (2) (3) woman alone means a woman who has never been married, in a civil union, or in a de facto relationship, or who has lost the support of her spouse or partner.
The Minister may from time to time, by notice in the Gazette, amend the definition of the term relative in subsection (1) by— (a) (b) and every such notice shall have effect according to its tenor.
Subject to the provisions of this Act, a woman alone with no dependent children shall be entitled to receive a domestic pur- poses benefit if— (a) inserting any other class of relative: omitting any class of relative— she has had the care and control of 1 or more dependent children for not less than 15 years and ceased to have the care and control of such child or children after she had attained the age of 50 years; or she has had 1 or more children and the aggregate of the periods during which she was married or in a civil union or in a de facto relationship and any subsequent period during which she had the care and control of at least one of her dependent children was not less than 15 years, and she ceased to have the care and control of such a child after she had attained the age of 50 years; or she was married or in a civil union or in a de facto re- lationship for not less than 5 years and lost the support of her spouse or partner after she had attained the age of 50 years; or she had the responsibility for the full-time care and at- tention of an incapacitated relative for not less than 5 years and ceased to have responsibility for the said relative after she had attained the age of 50 years.
(b) (c) (d) (4) A woman who receives a benefit under this section must— (a) (b) comply with a requirement under section 60Q: comply with any other obligation arising under any of sections 60Q to 60S.

[Repealed] [Repealed] Section 27C: inserted, on 14 November 1973, by section 6(1) of the Social Security Amendment Act 1973 (1973 No 34).
(5) (6) 99 Part 1 s 27D Social Security Act 1964 Reprinted as at 27 July 2012 Section 27C(1) relative: replaced, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 27C(1) relative paragraph (g): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 27C(1) relative paragraph (h): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27C(1) woman alone: replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 27C(3): replaced, on 1 April 1978, by section 6(1) of the Social Security Amendment Act (No 2) 1977 (1977 No 133).

Section 27C(3): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 27C(3)(b): amended, on 1 April 2007, by section 5 of the Social Secur- ity Amendment Act 2005 (2005 No 21).
Section 27C(3)(b): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 27C(3)(c): amended, on 1 April 2007, by section 5 of the Social Secur- ity Amendment Act 2005 (2005 No 21).

Section 27C(3)(c): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 27C(4): replaced, on 10 March 2003, by section 8 of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Section 27C(5): repealed, on 10 March 2003, by section 8 of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

Section 27C(6): repealed, on 10 March 2003, by section 8 of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
27D Applicants for domestic purposes benefits for women alone to meet residential qualifications in section 74AA An applicant for a benefit under section 27C must meet the residential requirements in section 74AA.

Section 27D: replaced, on 2 July 2007, by section 10(2) of the Social Security Amendment Act 2007 (2007 No 20).
27E Continuation of benefit when benefit ceases to be payable in respect of children [Repealed] Section 27E: repealed, on 1 April 1990, by section 37(2) of the Social Welfare (Transitional Provisions) 1990 (1990 No 26).

100 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 27G 27F Special provisions as to maintenance [Repealed] Section 27F: repealed, on 1 July 1992, by section 6(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).
27G Domestic purposes benefits for care at home of the sick (1) (2) or infirm In this section, patient means any sick or infirm person re- ceiving the full-time care and attention of an applicant for a domestic purposes benefit.
Subject to the provisions of this Act, an applicant who has at- tained the age of 16 years and meets the residential require- ments in section 74AA is entitled to receive a domestic pur- poses benefit under this section if the chief executive is satis- fied that the applicant is required to give full-time care and attention at home to some other person (other than the ap- plicant’s spouse or partner) who would otherwise have to re- ceive— (a) (c) (b) hospital care, rest home care, or residential disability care, within the meaning of the Health and Disability Services (Safety) Act 2001; or care of the kind referred to in section 141 of the Chil- dren, Young Persons, and Their Families Act 1989; or care of a kind equivalent to any of those kinds of care.
(2A) An applicant aged 16 or 17 years must not be granted a do- mestic purposes benefit under this section unless the chief ex- ecutive is satisfied, having regard to the circumstances of the applicant, the person he or she is giving care and attention to, and their families, that no other caregiver is reasonably avail- able to care for the other person.
Every application for a domestic purposes benefit under this section shall be supported by the certificate of a medical prac- titioner certifying that the patient requires the full-time care and attention of the applicant and that but for that care and attention the patient would have to receive such services; and the chief executive may, in the chief executive’s discretion, re- quire that the patient be examined by a medical practitioner to be nominated by the chief executive for the purpose, who shall (3) 101 Part 1 s 27H Social Security Act 1964 Reprinted as at 27 July 2012 determine whether the patient would, but for the full-time care and attention of the applicant, have to receive such services.
(4A) (4) Any benefit granted under this section may, in the discretion of the chief executive, be continued for any period not exceeding 4 weeks notwithstanding that the patient was not during that period in the full-time care of the beneficiary.

It is a condition of a benefit under this section that the bene- ficiary shall attend and participate in a mandatory interview if requested to do so under section 60HA.
[Repealed] Section 27G: inserted, on 14 November 1973, by section 6(1) of the Social Security Amendment Act 1973 (1973 No 34).

(5) Section 27G(2): replaced, on 2 July 2007, by section 7 of the Social Security Amendment Act 2007 (2007 No 20).

Section 27G(2A): inserted, on 2 July 2007, by section 7 of the Social Security Amendment Act 2007 (2007 No 20).

Section 27G(3): amended, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
Section 27G(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 27G(3): amended, on 23 June 1987, by section 2(3)(d) of the Social Security Amendment Act 1987 (1987 No 106).

Section 27G(4): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 27G(4A): inserted, on 1 April 1997, by section 8 of the Social Security Amendment Act 1996 (1996 No 20).

Section 27G(5): repealed, on 1 April 1990, by section 37(2) of the Social Wel- fare (Transitional Provisions) Act 1990 (1990 No 26).

27H Rates of domestic purposes benefits (1) Subject to the provisions of this Act and to section 70A, the rate of domestic purposes benefit payable to any beneficiary under section 27B or section 27C shall be the appropriate rate specified in Schedule 16.
(1A) [Repealed] (1B) Subject to the provisions of this Act, the rate of domestic pur- poses benefit payable to any beneficiary under section 27G shall be the appropriate rate specified in Schedule 17.
102 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 27H (2) In determining the rate of domestic purposes benefit payable to any applicant to whom paragraph (e), or paragraph (f) of subsection (1) of section 27B, or section 27C, applies, such income of the spouse or partner of the applicant (including any pension or allowance under the War Pensions Act 1954) as the chief executive considers reasonable in the circumstances, having regard to the nature of the income and the means by which it was derived, shall be taken into account as if it were income derived by the applicant.
Section 27H: inserted, on 14 November 1973, by section 6(1) of the Social Security Amendment Act 1973 (1973 No 34).

Section 27H(1): replaced, on 23 June 1987, by section 12(1) of the Social Se- curity Amendment Act 1987 (1987 No 106).

Section 27H(1): amended, on 1 February 1999, by section 63 of the Social Security Amendment Act 1998 (1998 No 19).

Section 27H(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 27H(1): amended, on 25 July 1990, by section 4(1) of the Social Se- curity Amendment Act (No 2) 1990 (1990 No 74).

Section 27H(1A): repealed, on 25 July 1990, by section 4(2) of the Social Se- curity Amendment Act (No 2) 1990 (1990 No 74).

Section 27H(1B): inserted, on 23 June 1987, by section 12(1) of the Social Security Amendment Act 1987 (1987 No 106).

Section 27H(1B): amended, on 1 July 1998, by section 2(3) of the Social Se- curity Amendment Act 1998 (1998 No 19).
Section 27H(2): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 27H(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 27H(2): amended, on 9 February 1977, by section 6(1)(a) of the Social Security Amendment Act 1976 (1976 No 40).

Section 27H(2): amended, on 1 November 1976, by section 6(1)(b) of the Social Security Amendment Act 1976 (1976 No 40).
Contribution towards cost of domestic purposes benefits for solo parents [Repealed] Heading: repealed, on 1 July 1992, pursuant to section 7(1) of the Social Se- curity Amendment Act (No 5) 1991 (1991 No 143).

103 Part 1 s 27I Social Security Act 1964 Reprinted as at 27 July 2012 27I Interpretation [Repealed] Section 27I: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).
27J Maintenance order or agreement suspended while benefit is paid [Repealed] Section 27J: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27K Liable parent to contribute towards cost of benefit and child supplement [Repealed] Section 27K: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).
27L Director-General to give liable parent notice of grant of benefit [Repealed] Section 27L: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27M Liable parent to notify Director General of gross earnings, etc [Repealed] Section 27M: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).
27N Director-General to assess contribution and notify liable parent [Repealed] Section 27N: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27O Notice of objection [Repealed] Section 27O: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).
104 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 27W 27P Grounds on which objection may be made [Repealed] Section 27P: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27Q Procedure to be followed where objection received [Repealed] Section 27Q: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).
27R Hearing of objection by court [Repealed] Section 27R: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27S Findings of court [Repealed] Section 27S: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27T Appeal from decisions of courts [Repealed] Section 27T: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).
27U Proceedings not open to public [Repealed] Section 27U: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27V Restriction of publication of reports [Repealed] Section 27V: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27W Costs [Repealed] Section 27W: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).
105 Part 1 s 27X Social Security Act 1964 Reprinted as at 27 July 2012 27X Recovery of unpaid contributions [Repealed] Section 27X: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27Y Deduction notices [Repealed] Section 27Y: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).
27Z Effect of deduction notices [Repealed] Section 27Z: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27ZA Liability of employer [Repealed] Section 27ZA: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27ZB Protected earnings [Repealed] Section 27ZB: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).
27ZC Variation or discharge of deduction notice [Repealed] Section 27ZC: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27ZD Transaction fee [Repealed] Section 27ZD: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27ZE Wrongful treatment of employee [Repealed] Section 27ZE: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).
106 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 28 27ZF Extent to which deduction notices bind the Crown [Repealed] Section 27ZF: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27ZG Relief in cases of serious hardship [Repealed] Section 27ZG: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).
27ZH Review of contributions [Repealed] Section 27ZH: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27ZI Service of notices, etc, by Director-General [Repealed] Section 27ZI: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).
Orphans’ benefits 28 Orphans’ benefits A person who is a principal caregiver in respect of a dependent child shall be entitled to receive an orphan’s benefit in respect of that child if— (a) (b) (c) (d) each of the child’s natural or adoptive parents is dead, or cannot be found, or suffers a serious long-term dis- ablement which renders him or her unable to care for the child; and the applicant is likely to be the principal caregiver in respect of the child for at least 1 year from the date of application for the benefit; and the applicant is aged 18 years or over; and either— (i) the child is both resident and present in New Zealand; or the applicant has been both resident and pre- sent in New Zealand for a continuous period of 12 months at any time.
(ii) 107 Part 1 s 29 Social Security Act 1964 Reprinted as at 27 July 2012 Section 28: replaced, on 1 April 1991, by section 5 of the Social Security Amendment Act 1991 (1991 No 1).
29 Unsupported child’s benefit A person who is a principal caregiver in respect of a dependent child shall be entitled to receive an unsupported child’s benefit in respect of the child if— (a) (b) (c) (d) (e) that person is not the natural parent, adoptive parent, or step-parent of the child; and because of a breakdown in the child’s family, no nat- ural parent, adoptive parent, or step-parent of the child is able to care for the child or to provide fully for the child’s support; and the applicant is likely to be the principal caregiver in respect of the child for at least 1 year from the date of application for the benefit; and the applicant is aged 18 years or over; and either— (i) the child is both resident and present in New Zealand; or the applicant has been both resident and pre- sent in New Zealand for a continuous period of 12 months at any time.
(ii) Section 29: replaced, on 1 April 1991, by section 5 of the Social Security Amendment Act 1991 (1991 No 1).

29A Rates of orphan’s benefit and unsupported child’s benefit The rate of the orphan’s benefit and the rate of the unsupported child’s benefit payable in respect of any orphan or unsupported child shall in each case be fixed by the chief executive, but shall not in any case exceed the appropriate rate specified in Schedule 4.
Section 29A: inserted, on 1 October 1990, by section 11(1) of the Social Secur- ity Amendment Act (No 2) 1990 (1990 No 74).

Section 29A: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
108 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 34 30 31 32 33 34 Period for which orphan’s benefit payable [Repealed] Section 30: repealed, on 1 April 1990, by section 37(2) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Orphan’s benefit and unsupported child’s benefit to be used for benefit of child Every orphan’s benefit and every unsupported child’s benefit shall, as the chief executive determines, be paid to the person having the care and control of the child, or to some other rep- utable person, and shall be applied towards the maintenance or education of the child or otherwise for his benefit.
Compare: 1938 No 7 s 26(5) Section 31 heading: amended, on 1 October 1990, by section 12 of the Social Security Amendment Act (No 2) 1990 (1990 No 74).

Section 31: amended, on 1 October 1998, by section 11 of the Employment Ser- vices and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 31: amended, on 1 October 1990, by section 12(1) of the Social Security Amendment Act (No 2) 1990 (1990 No 74).
Family benefits [Repealed] Heading: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).

Family benefits [Repealed] Section 32: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).

Residential qualifications for family benefit [Repealed] Section 33: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).
Rate of family benefits [Repealed] Section 34: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).

109 Part 1 s 35 Social Security Act 1964 Reprinted as at 27 July 2012 35 36 37 38 39 Period for which family benefit payable [Repealed] Section 35: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).
Advance payments of family benefit [Repealed] Section 36: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).

Person to whom family benefit payable [Repealed] Section 37: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).

Family benefit to be expended for maintenance of children [Repealed] Section 38: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).
Payment of family benefit not to restrict right to maintenance, compensation, or damages [Repealed] Section 39: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).

Child disability allowance Heading: replaced, on 1 September 1998, by section 12(5) of the Social Security Amendment Act 1998 (1998 No 19).
39A Child disability allowance (1) For the purposes of this section and of sections 39B to 39F, child with a serious disability means a dependent child who— (a) (b) has a physical or mental disability; because of that disability needs constant care and atten- tion; and is likely to need such care and attention permanently or for a period exceeding 12 months.
(c) 110 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 39A (2) (3) In determining for the purposes of subsection (1)(b) whether a child with a serious disability needs constant care and attention the chief executive shall consider whether the child requires— from another person, frequent attention in connection (a) with his bodily functions; or attention and supervision substantially in excess of that normally required by a child of the same age and sex; or regular supervision from another person in order to avoid substantial danger to himself or others.
(b) (c) Subject to the provisions of this section and of sections 39B to 39E, the chief executive may grant a child disability allowance in respect of a child with a serious disability being cared for— in a private home that is the residence of the person (a) caring for that child; or in a home or hostel operated by an approved volun- tary organisation if the child’s parent or guardian is re- quired to contribute to the cost of maintaining him in that home or hostel and the child is cared for by his par- ent or guardian during school holidays or weekends.
(b) Section 39A: inserted, on 18 October 1978, by section 9(1) of the Social Secur- ity Amendment Act 1978 (1978 No 58).

Section 39A heading: amended, on 1 September 1998, by section 12 of the Social Security Amendment Act 1998 (1998 No 19).

Section 39A(1): amended, on 1 September 1998, by section 12(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 39A(1): amended, on 1 April 1991, by section 8 of the Social Security Amendment Act 1991 (1991 No 1).
Section 39A(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 39A(2): amended, on 1 September 1998, by section 12(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 39A(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 39A(3): amended, on 1 September 1998, by section 12(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 39A(3): amended, on 1 September 1998, by section 12(2) of the Social Security Amendment Act 1998 (1998 No 19).

111 Part 1 s 39B Social Security Act 1964 Reprinted as at 27 July 2012 39B Rate of child disability allowance The rate of a child disability allowance granted under section 39A shall be the rate specified in Schedule 19.
Section 39B: inserted, on 18 October 1978, by section 9(1) of the Social Security Amendment Act 1978 (1978 No 58).

Section 39B heading: amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).

Section 39B: amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).
39C Medical examination may be required (1) The chief executive may determine that an application for a child disability allowance be supported by the certificate of a medical practitioner certifying whether or not, in the opinion of the medical practitioner, the child in respect of whom the application is made is a child with a serious disability within the meaning of subsections (1) and (2) of section 39A.
Before an application for a child disability allowance is granted, the chief executive may require the child in respect of whom the application is made to be examined by a medical practitioner nominated by the chief executive for the purpose.

Section 39C: inserted, on 18 October 1978, by section 9(1) of the Social Security Amendment Act 1978 (1978 No 58).
(2) Section 39C(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 39C(1): amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).

Section 39C(1): amended, on 1 September 1998, by section 12(4)(b) of the Social Security Amendment Act 1998 (1998 No 19).
Section 39C(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 39C(2): amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).
39D Child disability allowance not payable with other benefit or pension A child disability allowance shall not be payable under this Act in addition to— 112 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 39E (a) (b) (c) any benefit which is granted to the child under this Act, apart from an unsupported child’s benefit or an orphan’s benefit or a disability allowance: any pension or allowance which is granted to the child under the War Pensions Act 1954, apart from a child’s war pension or a war orphan’s pension: weekly compensation within the meaning of section 6 of the Accident Compensation Act 2001 that is payable to the child.
Section 39D: inserted, on 18 October 1978, by section 9(1) of the Social Secur- ity Amendment Act 1978 (1978 No 58).

Section 39D heading: amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).

Section 39D: amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).

Section 39D: amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 39D(a): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 39D(a): amended, on 1 April 1991, by section 9 of the Social Security Amendment Act 1991 (1991 No 1).

Section 39D(c): replaced, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

Section 39D(c): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).
39E Person to whom child disability allowance payable The chief executive may, in his or her discretion, pay a child disability allowance granted under section 39A to the person who is the principal caregiver in respect of the child or, if there is no such person, to the person for the time being having the care and control of the child.

Section 39E: replaced, on 1 April 1991, by section 10 of the Social Security Amendment Act 1991 (1991 No 1).
Section 39E heading: amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).

Section 39E: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 39E: amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).
113 Part 1 s 39F Social Security Act 1964 Reprinted as at 27 July 2012 Invalids’ benefits Heading: inserted, on 1 September 1998, by section 13 of the Social Security Amendment Act 1998 (1998 No 19).

39F Purpose of invalid’s benefit (1) The purpose of the invalid’s benefit is to provide income sup- port to people who— (a) have, and are likely to have in the future, a severely restricted capacity to support themselves through open employment because of sickness, injury, or disability; or are totally blind.
(b) The purpose in subsection (1) is to be considered in the context of the expectation that people of working age support themselves directly or indirectly through employment, and that other measures are available for people who are tem- porarily unable to support themselves.

Section 39F: replaced, on 1 September 1998, by section 13 of the Social Security Amendment Act 1998 (1998 No 19).
(2) Invalid’s benefit 40 (1) A person who is aged 16 years or more is eligible for an in- valid’s benefit if the chief executive is satisfied that— (aa) the applicant meets the residential requirements in sec- tion 74AA; and the person is totally blind; or the person is permanently and severely restricted in his or her capacity for work because of sickness, or because of injury or disability from accident or congenital de- fect.
(a) (b) (2) A person is permanently restricted in his or her capacity for work if the chief executive is satisfied that— (a) the restricting sickness, injury, or disability is expected to continue for at least the period set out in regulations made under this Act for the purposes of this section; or the person is not expected to live for the period set out in those regulations, because the person’s sickness, injury, or disability is terminal.
(b) 114 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 42 (3) A person is severely restricted in his or her capacity for work if the chief executive is satisfied that the person is incapable of regularly working 15 or more hours a week in open employ- ment.

(3A) Subsection (3) is subject to section 44A.

(4) A person who is not both permanently and severely restricted in his or her capacity for work must not be granted an invalid’s benefit, unless he or she is totally blind.
(5) A person must not be granted an invalid’s benefit if the chief executive is satisfied that the person’s restricted capacity for work, or total blindness, was self-inflicted and brought about by the person with a view to qualifying for a benefit.

(6) A person who is granted a benefit under this section must— (a) (b) comply with a requirement under section 60Q; and comply with any other obligation arising under any of sections 60Q to 60S.
Section 40: replaced, on 1 September 1998, by section 13 of the Social Security Amendment Act 1998 (1998 No 19).

Section 40(1)(aa): inserted, on 2 July 2007, by section 10(2) of the Social Se- curity Amendment Act 2007 (2007 No 20).

Section 40(3A): inserted, on 1 July 2004, by section 5(2) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Section 40(6): inserted, on 24 September 2007, by section 30(4) of the Social Security Amendment Act 2007 (2007 No 20).
41 42 (1) Residential qualifications for invalids’ benefits [Repealed] Section 41: repealed, on 2 July 2007, by section 10(2) of the Social Security Amendment Act 2007 (2007 No 20).

Rates of invalids’ benefits Subject to the provisions of this Act, the rate of the invalid’s benefit payable to any beneficiary shall be the appropriate rate specified in clause 1 of Schedule 6.
(2) Despite Schedule 6, where a person who is married or in a civil union or in a de facto relationship (other than a person who has been means assessed under Part 4) is receiving long-term residential care in a hospital or rest home because he or she has a psychiatric, intellectual, physical, or sensory disability,— 115 Part 1 s 42A Social Security Act 1964 Reprinted as at 27 July 2012 (a) (b) the rate of invalid’s benefit payable to the person receiv- ing those services is one-half of the appropriate rate spe- cified in that schedule; and the rate of invalid’s benefit payable to that person’s spouse or partner (being a spouse or partner who is not receiving long-term residential care in a hospital or rest home) is the appropriate rate of an invalid’s benefit that would be payable under this Act if he or she was entitled to that benefit in his or her own right and was single,— and section 83 does not apply to either rate of benefit.
Compare: 1938 No 7 s 34; 1945 No 11 s 18; 1958 No 46 s 12; 1960 No 13 s 16(1); 1964 No 37 s 11(1) Section 42(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 42(2): inserted, on 1 July 1995, by section 9(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 42(2): amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 42(2): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 42(2): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 42(2)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 42(2)(b): amended, on 1 July 2005, by section 13(1) of the Social Se- curity (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
42A Obligations on spouse or partner of invalid’s beneficiary (1) This section applies to the spouse or partner of a person granted an invalid’s benefit at a work-test married rate.

(2) A person to whom this section applies— (a) must comply with— (i) (ii) a requirement under section 60Q; and any other obligation arising under any of sections 60Q to 60S; or (b) if he or she is a work-tested spouse or partner, must comply with the work test.
Section 42A: inserted, on 1 February 1999, by section 64 of the Social Security Amendment Act 1998 (1998 No 19).

Section 42A(1): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

116 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 44 43 Section 42A(2): replaced, on 24 September 2007, by section 26 of the Social Security Amendment Act 2007 (2007 No 20).
Subsidy on earnings of blind beneficiaries In addition to the benefit computed as provided in section 42, there shall be payable to every person who for the time being is in receipt of an invalid’s benefit in respect of his total blindness and who is employed in any occupation an additional allow- ance equal to 25% of his average earnings for the year: provided that an allowance shall not be granted under this sec- tion of such an amount that the total amount from all sources, including any benefit and the value of any benefits in kind, received by the beneficiary for his own use in any year shall exceed the appropriate amount specified in clause 2 of Sched- ule 6.
Compare: 1938 No 7 s 35; 1964 No 37 s 12(1) Section 43 proviso: amended, on 1 April 1991, by section 11(1) of the Social Security Amendment Act 1991 (1991 No 1).

44 Medical examination of invalids (1) The chief executive may require an applicant for an invalid’s benefit, or a person in receipt of an invalid’s benefit, to submit himself or herself for examination by a medical practitioner or a psychologist.
The medical practitioner or psychologist must be agreed for the purpose between the applicant or beneficiary and the chief executive, or, failing agreement, must be nomin- ated by the chief executive.

The medical practitioner or psychologist must certify whether, in his or her opinion, the applicant or beneficiary is, or is not, or whether there is doubt about whether he or she is or is not, permanently and severely restricted in his or her capacity for work, or totally blind.
(2) (3) A certificate given under this section must state the grounds upon which the opinion is founded.

(4) A certificate given under this section must, in the case of doubt referred to in subsection (2), and may, in any other case, indi- cate a date for review of the permanency, severity, or both, of the applicant’s or beneficiary’s sickness, injury, or disability.
117 Part 1 s 44A Social Security Act 1964 Reprinted as at 27 July 2012 Section 44: replaced, on 1 September 1998, by section 14 of the Social Security Amendment Act 1998 (1998 No 19).

44A Beneficiary receiving invalid’s benefit may establish (1) (2) (3) whether open employment is sustainable The purpose of this section is to encourage persons who are receiving an invalid’s benefit to undertake open employment in order to establish whether they can sustain that employment and cease receiving that benefit.
This section applies to a person who— (a) is receiving an invalid’s benefit granted on the ground of permanent and severe restriction of capacity for work; and (b) with the agreement of the chief executive, is undertak- ing open employment for a period agreed with the chief executive to establish whether he or she can sustain such employment.
The period of open employment agreed with the chief execu- tive under subsection (2)(b) must not exceed 26 weeks but the anticipated duration of that employment may be for a longer period than the agreed period.

(4) A person to whom subsection (2) applies does not lose his or her entitlement to an invalid’s benefit by reason only of working 15 or more hours a week in open employment during the agreed period.
Section 44A: inserted, on 1 July 2004, by section 5(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Invalids’ beneficiaries may be required to undertake activities [Repealed] Section 45: repealed, on 24 September 2007, by section 30(4) of the Social Security Amendment Act 2007 (2007 No 20).

Refusal to undertake vocational training [Repealed] Section 46: repealed, on 1 September 1998, by section 14 of the Social Security Amendment Act 1998 (1998 No 19).
45 46 118 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 53 Work capacity assessment Heading: repealed, on 8 March 2001, by section 4(1) of the Social Security Amendment Act 2001 (2001 No 1).

Procedure for assessment of capacity for work [Repealed] Section 47: repealed, on 8 March 2001, by section 4(1) of the Social Security Amendment Act 2001 (2001 No 1).
Assessment of capacity for work [Repealed] Section 48: repealed, on 8 March 2001, by section 4(1) of the Social Security Amendment Act 2001 (2001 No 1).

Content of assessment [Repealed] Section 49: repealed, on 8 March 2001, by section 4(1) of the Social Security Amendment Act 2001 (2001 No 1).

Effect of assessment [Repealed] Section 50: repealed, on 8 March 2001, by section 4(1) of the Social Security Amendment Act 2001 (2001 No 1).
Reassessment [Repealed] Section 51: repealed, on 8 March 2001, by section 4(1) of the Social Security Amendment Act 2001 (2001 No 1).

Funeral grant on death of miner [Repealed] Section 52: repealed, on 30 June 1993, by section 5(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

47 48 49 50 51 52 53 Miners’ widows’ benefits [Repealed] Section 53: repealed, on 30 June 1993, by section 5(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
119 Part 1 s 53A Social Security Act 1964 Reprinted as at 27 July 2012 Appeals Heading: Amendment Act 1986 (1986 No 39).
inserted, on 1 October 1986, by section 13 of the Social Security 53A Right of appeal on medical grounds (1) If— (a) (b) (ba) any claim for a child disability allowance is declined on the grounds that the child is not a child with a serious disability within the meaning of subsections (1) and (2) of section 39A, or if any such allowance is cancelled on those grounds; or any claim for an invalid’s benefit is declined on med- ical grounds or any such benefit is cancelled on medical grounds; or any claim for a sickness benefit is declined on medical grounds or on grounds relating to a person’s capacity for work, or a person’s sickness benefit is cancelled on medical grounds or on grounds relating to the person’s capacity for work; or (bab) under section 54DA(1), the chief executive requires a sickness beneficiary to comply with the work test; or (bac) under section 54DA(3), the chief executive confirms a requirement under section 54DA(1) (that a sickness beneficiary complies with the work test); or [Repealed] [Repealed] [Repealed] (bb) (c) (d) (da) under section 60Q(7), the chief executive refuses to ex- empt a person receiving an invalid’s benefit from the application of section 60Q; or any claim for a veteran’s pension under section 70 of the War Pensions Act 1954, on the grounds of the ap- plicant’s mental or physical infirmity, is declined, or any such pension is cancelled on those grounds— (e) the applicant or beneficiary shall, at any time within 3 months after the decision of the chief executive has been
 communi- cated to that person or (if the Board considers there is good reason for the delay) within such further period as the Board may allow on application made either before or after the ex- 120 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 53A piration of that period of 3 months, have a right of appeal to a Board.
(1A) The Board referred to in subsection (1) is to comprise 3 mem- bers to be appointed by the chief executive for the particu- lar purpose, being medical practitioners, rehabilitation profes- sionals, or other persons having appropriate expertise in the fields of vocational training or vocational support for persons with sickness, injury, or disability.

(2) On any appeal heard pursuant to subsection (1), the chief ex- (3) ecutive shall be bound by the decision of the Appeal Board.
In this section, rehabilitation professional means— (a) a person professionally engaged in the rehabilitation of persons from sickness or accident or with disabilities; and a nurse; and an occupational therapist; and a physiotherapist; and a psychologist.

(b) (c) (d) (e) Section 53A: inserted, on 1 October 1986, by section 13 of the Social Security Amendment Act 1986 (1986 No 39).

Section 53A heading: amended, on 1 July 1993, by section 6 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
Section 53A(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 53A(1): amended, on 1 September 1998, by section 16(2) of the Social Security Amendment Act 1998 (1998 No 19).

Section 53A(1): amended, on 17 September 1997, by section 10(1)(d) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 53A: amended, on 23 June 1987, by section 2(3)(b) of the Social Se- curity Amendment Act 1987 (1987 No 106).

Section 53A(1)(a): amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).

Section 53A(1)(a): amended, on 1 September 1998, by section 12(4)(b) of the Social Security Amendment Act 1998 (1998 No 19).

Section 53A (1)(ba): replaced, on 1 October 1998, by section 23 of the Social Security Amendment Act 1998 (1998 No 19).
Section 53A(1)(ba): amended, on 1 July 2001, by section 15(1)(b) of the Social Security Amendment Act 2001 (2001 No 1).

Section 53A(1)(ba): amended, on 1 July 2001, by section 15(2) of the Social Security Amendment Act 2001 (2001 No 1).

121 Part 1 s 54 Social Security Act 1964 Reprinted as at 27 July 2012 Section 53A(1)(bab): inserted, on 2 May 2011, by section 8(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 53A(1)(bac): inserted, on 2 May 2011, by section 8(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 53A(1)(bb): repealed, on 8 March 2001, by section 4(2) of the Social Security Amendment Act 2001 (2001 No 1).

Section 53A(1)(c): repealed, on 30 June 1993, by section 5(3)(b) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
Section 53A(1)(d): repealed, on 17 November 2000, by section 7(2) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

Section 53A(1)(da): inserted, on 24 September 2007, by section 30(4) of the Social Security Amendment Act 2007 (2007 No 20).

Section 53A(1)(e): inserted, on 17 September 1997, by section 10(1)(c) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 53A(1)(e): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 53A(1A): inserted, on 1 September 1998, by section 16(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 53A(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 53A(3): replaced, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Sickness benefits 54 Sickness benefit: standard eligibility requirements (1) A person is entitled to a sickness benefit if he or she satisfies the criteria in subsections (2), (3), and (4), and— (a) is not in full-time employment, is willing to undertake it, but because of sickness, injury, or disability is limited in his or her capacity to seek, undertake, or be available for full-time employment; or is in employment, but is losing earnings because, through sickness or injury, he or she is not actually working, or is working only at a reduced level.
(b) (2) An applicant for a sickness benefit must be— aged 18 years or over; or (a) 122 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 54A (b) aged 16 years or over, be married or in a civil union or in a de facto relationship, and have 1 or more dependent children.

(3) An applicant for a sickness benefit must meet the residential requirements in section 74AA.
(4) An applicant for a sickness benefit must have— (a) (b) no income; or an income of less than the amount that would fully abate the benefit.

(5) Nothing in subsection (4) affects the entitlement of a person to receive a sickness benefit if, during a temporary period, the person has income sufficient to fully abate the benefit but otherwise fulfils the conditions of entitlement to the benefit.
For the purposes of subsection (1)(b), any payment made by a person to any other person who acts as his or her substitute during a period of sickness or injury may be treated as a loss of earnings by the first-mentioned person.

(6) (7) A person who is granted a benefit under this section (other than a person required to comply with the work test under section 54DA(1)) must— (a) (b) comply with a requirement under section 60Q; and comply with any other obligation arising under any of sections 60Q to 60S.
A Section 54: substituted, on 1 July 2001, by section 14 of the Social Security Amendment Act 2001 (2001 No 1).

Section 54(2)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 54(2)(b): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 54(3): replaced, on 2 July 2007, by section 10(2) of the Social Security Amendment Act 2007 (2007 No 20).
Section 54(7): inserted, on 24 September 2007, by section 30(4) of the Social Security Amendment Act 2007 (2007 No 20).

Section 54(7): amended, on 2 May 2011, by section 8(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
54A Sickness benefit: grounds of hardship (1) The chief executive may grant a sickness benefit under section 54 to a person who meets the criteria in subsections (1) and (2) 123 Part 1 s 54B Social Security Act 1964 Reprinted as at 27 July 2012 of that section, but who does not meet the other criteria set out in that section, if— (a) (b) the person is suffering hardship; and the person is not qualified to receive any other benefit; and the person is unable to earn sufficient income to support the person and his or her spouse or partner and any de- pendent children.
(c) (2) The chief executive may grant a sickness benefit under section 54 to a person who, if the person met the criteria in section 54(2), would be eligible under subsection (1) of this section to be granted a sickness benefit, but only if the person— (a) (b) is single and aged 16 or 17; and is either pregnant or undergoing treatment in a rehabili- tation programme recognised by the chief executive.
Section 54A: substituted, on 1 July 2001, by section 14 of the Social Security Amendment Act 2001 (2001 No 1).

Section 54A(1)(c): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 54A(2)(a): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).
54B Sickness benefit: medical examinations (1) A person who applies for a sickness benefit must include in (c) the application a certificate by— a medical practitioner; or (a) a dentist (in respect of a condition that is within the (b) ambit of his or her profession); or a midwife (in respect of a pregnancy, childbirth, or any related condition that is within the ambit of his or her profession); or a health practitioner of a kind specified in regulations made under section 132 (in respect of a condition within the ambit of his or her scope of practice).
(d) The certificate under subsection (1) must— (a) certify that the applicant’s capacity for work is affected by sickness, injury, or disability; and indicate the nature of the sickness, injury, or disability, the extent to which the applicant’s capacity for work is (b) (2) 124 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 54D (3) affected by it, and the length of time that effect is likely to last; and contain such other particulars as the chief executive may require.
(c) The chief executive may at any time require an applicant for a sickness benefit or a sickness beneficiary to submit himself or herself for examination by a medical practitioner or psycholo- gist.

The medical practitioner or psychologist must be agreed for the purpose between the applicant or beneficiary and the chief executive or, failing agreement, must be nominated by the chief executive.
(4) A medical practitioner or psychologist who conducts an exam- ination under subsection (3) must prepare a report that states whether the applicant’s or beneficiary’s capacity for work is affected by sickness, injury, or disability, and how long that effect is likely to continue; and must send a copy of the report to the chief executive.

Section 54B: inserted, on 1 July 2001, by section 14 of the Social Security Amendment Act 2001 (2001 No 1).
Section 54B(1)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 54B(1)(c): amended, on 27 September 2010, by section 6 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 54B(1)(c): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 54B(1)(d): inserted, on 27 September 2010, by section 6 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

54C Sickness benefit: payment [Repealed] Section 54C: repealed, on 2 July 2007, by section 13(2) of the Social Security Amendment Act 2007 (2007 No 20).

54D Rates of sickness benefits (1) A sickness benefit must be paid to a sickness beneficiary at the appropriate rate in Schedule 9.
125 Part 1 s 54DA Social Security Act 1964 Reprinted as at 27 July 2012 (2) (3) [Repealed] If no payment is made under this section in respect of the spouse or partner of a sickness beneficiary, the chief execu- tive may increase the rate of sickness benefit payable to the beneficiary by an amount not exceeding the amount specified in clause 2 of Schedule 9 in respect of any person who for the time being has the care of the home of the beneficiary.
(4) An applicant is entitled to be paid the rate in clause 5 of Sched- ule 9 during any period when the applicant’s spouse or partner is ineligible for a benefit because of— (a) the application of section 60H (which relates to volun- tary unemployment or loss of employment through mis- conduct, etc); or a strike, either by himself or herself, or by fellow mem- bers of the same union at the same place of employment.
Section 54D: inserted, on 1 July 2001, by section 14 of the Social Security Amendment Act 2001 (2001 No 1).

(b) Section 54D(1): amended, on 27 September 2010, by section 7(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 54D(2): repealed, on 27 September 2010, by section 7(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 54D(3): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 54D(4): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
54DA Sickness beneficiary may be required to comply with work test The chief executive may, by notice in writing, require a person who is granted a sickness benefit under section 54 to comply with the work test from a date specified in the notice if the chief executive, having regard to the certificate and any report obtained under section 54B, is satisfied that the person has, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work.
The date specified in a notice under subsection (1),— (a) in the case of a new grant of the benefit, may be the date on which the benefit is first paid; but (1) (2) 126 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 54F (3) (b) in any case, must not be a date before the date on which the chief executive reasonably considers the person will receive the notice.
The chief executive may at any time, whether on the applica- tion of the person or otherwise, review a requirement under subsection (1) and may confirm or revoke it.

Section 54DA: inserted, on 2 May 2011, by section 8(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
54E Obligations of spouse or partner of sickness beneficiary From the time that payment of the sickness benefit com- mences, the spouse or partner of a person granted a sickness benefit at a work-test married rate— (a) must comply with— (i) (ii) a requirement under section 60Q; and any other obligation arising under any of sections 60Q to 60S; or (b) if he or she is a work-tested spouse or partner, must comply with the work test.
Section 54E: replaced, on 24 September 2007, by section 27 of the Social Se- curity Amendment Act 2007 (2007 No 20).
54F Transfer from community wage to sickness benefit on (1) 1 July 2001 This section applies to a person who, immediately before 1 July 2001, was— (a) in receipt of a community wage on the ground of the person’s sickness, injury, or disability; and either— (i) was fulfilling the conditions of entitlement to the community wage on that ground; or (b) (ii) was eligible to be granted a community wage on that ground under former section 90.
(2) On 1 July 2001, in relation to a person to whom this section applies,— (a) the community wage becomes a sickness benefit as if it were granted under section 54; and the person ceases to be subject to the work test; and (b) 127 Part 1 s 55 Social Security Act 1964 Reprinted as at 27 July 2012 (3) (4) 55 (c) any sanctions to which the person was subject under any of former sections 115, 116, or 118 cease to apply.
For the avoidance of doubt, the operation of subsection (2) does not affect— (a) the rate of benefit paid to the person and his or her spouse (if any); and in relation to the person’s spouse, any of the following: (i) (ii) the requirements of section 54E: any exemption from the work test under section 105: a sanction under any of former sections 115 to 118 applying to the spouse.

(iii) (b) In this section, former section means a section of this Act as it was before 1 July 2001.
Section 54F: inserted, on 1 July 2001, by section 14 of the Social Security Amendment Act 2001 (2001 No 1).

Rates of sickness benefits [Repealed] Section 55: repealed, on 1 October 1998, by section 24(1) of the Social Security Amendment Act 1998 (1998 No 19).

56 Medical examination of applicants for sickness benefits [Repealed] Section 56: repealed, on 1 October 1998, by section 24(1) of the Social Security Amendment Act 1998 (1998 No 19).
57 Period for which sickness benefit payable [Repealed] Section 57: repealed, on 1 March 1991, by section 12(1) of the Social Security Amendment Act 1991 (1991 No 1).

Unemployment benefits [Repealed] Heading: repealed, on 1 October 1998, pursuant to section 25(1) of the Social Security Amendment Act 1998 (1998 No 19).
128 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 59E 58 59 Unemployment benefits [Repealed] Section 58: repealed, on 1 October 1998, by section 25(1) of the Social Security Amendment Act 1998 (1998 No 19).

Rates of unemployment benefits [Repealed] Section 59: repealed, on 1 October 1998, by section 25(1) of the Social Security Amendment Act 1998 (1998 No 19).
59A Mandatory interview or work test for spouse [Repealed] Section 59A: repealed, on 1 October 1998, by section 25(1) of the Social Se- curity Amendment Act 1998 (1998 No 19).

Young job seekers’ allowances [Repealed] Heading: repealed, on 1 October 1998, pursuant to section 25(1) of the Social Security Amendment Act 1998 (1998 No 19).

59B Young job seekers’ allowances [Repealed] Section 59B: repealed, on 1 October 1998, by section 25(1) of the Social Se- curity Amendment Act 1998 (1998 No 19).
59C Rates of young job seekers’ allowances [Repealed] Section 59C: repealed, on 1 October 1998, by section 25(1) of the Social Se- curity Amendment Act 1998 (1998 No 19).

59D Spouse of young job seeker’s allowance recipient [Repealed] Section 59D: repealed, on 1 October 1998, by section 25(1) of the Social Se- curity Amendment Act 1998 (1998 No 19).
59E Period for which young job seeker’s allowance payable [Repealed] Section 59E: repealed, on 1 October 1998, by section 25(1) of the Social Secur- ity Amendment Act 1998 (1998 No 19).

129 Part 1 s 60 Social Security Act 1964 Reprinted as at 27 July 2012 60 Commencement of unemployment benefit, etc [Repealed] Section 60: repealed, on 1 April 1997, by section 12 of the Social Security Amendment Act 1996 (1996 No 20).
Training benefits Heading: inserted, on 1 October 1989, by section 33(1) of the Finance Act 1989 (1989 No 13).

60A Training benefits: purpose [Repealed] Section 60A: repealed, on 1 October 1998, by section 25(1) of the Social Se- curity Amendment Act 1998 (1998 No 19).

60AA Training benefits: qualifications [Repealed] Section 60AA: repealed, on 1 October 1998, by section 25(1) of the Social Security Amendment Act 1998 (1998 No 19).
60B Rates of training benefits [Repealed] Section 60B: repealed, on 1 October 1998, by section 25(1) of the Social Se- curity Amendment Act 1998 (1998 No 19).

60C Period for which training benefit payable [Repealed] Section 60C: repealed, on 1 October 1998, by section 25(1) of the Social Se- curity Amendment Act 1998 (1998 No 19).

60D Job search allowance [Repealed] Section 60D: repealed, on 1 January 1998, by section 7(1) of the Social Security Amendment Act (No 3) 1997 (1997 No 23).
60E Rates of job search allowance [Repealed] Section 60E: repealed, on 1 January 1998, by section 7(1) of the Social Security Amendment Act (No 3) 1997 (1997 No 23).

130 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 60F 60F Independent youth benefits: basic qualifications (1) (2) (3) (4) (5) (6) The basic qualifications for entitlement to an independent youth benefit are in subsection (2).

The qualifications for a single person are in section 60FA.
The qualifications for a person who is married or in a civil union or in a de facto relationship are in section 60FB.

The basic qualifications for entitlement to an independent youth benefit are that a person— is 16 years or 17 years; and (a) (b) is without a dependent child or dependent children; and (c) meets the residential requirements in section 74AA; and is in one of the situations described in subsections (3) (d) to (6).
(b) The first situation is that the person— (a) is unemployed (other than because of a strike either by the person or by fellow members of the same union at the same place of employment); and is capable of undertaking suitable employment and is willing to do so; and [Repealed] is not a full-time student.
(c) (d) The second situation is that the person— (a) is unemployed (other than because of a strike either by the person or by fellow members of the same union at the same place of employment); and is enrolled in a full-time course of secondary instruction (but his or her entitlement may be affected by section 60FC(1)).
(b) The third situation is that the person is engaged full-time in an educational course or employment-related training pro- gramme approved by the chief executive for the purposes of this section.

The fourth situation is that, because of sickness, injury, or dis- ability, the person has a limited capacity for work.

Section 60F: replaced, on 1 January 1998, by section 13(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 60F(1): replaced, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

131 Part 1 s 60FA Social Security Act 1964 Reprinted as at 27 July 2012 Section 60F(1): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 60F(2)(c): replaced, on 2 July 2007, by section 10(2) of the Social Security Amendment Act 2007 (2007 No 20).
Section 60F(3): replaced, on 1 October 1998, by section 26(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 60F(3)(a): amended, on 1 July 2001, by section 16 of the Social Security Amendment Act 2001 (2001 No 1).

Section 60F(3)(c): repealed, on 24 September 2007, by section 28(2) of the Social Security Amendment Act 2007 (2007 No 20).
Section 60F(5): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60F(5): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 60F(6): replaced, on 1 October 1998, by section 26(2) of the Social Security Amendment Act 1998 (1998 No 19).
(a) (b) 60FA Independent youth benefits: single persons (1) A single person is entitled to an independent youth benefit if— section 60F(2) applies to him or her; and he or she is in the following situation, established to the satisfaction of the chief executive: (i) (ii) he or she is not living with his or her parents; and he or she is not being financially supported by his or her parents or any other person; and he or she cannot reasonably be expected to be financially dependent on his or her parents or any other person for a reason described in subsection (2).
(iii) The reasons are— (a) because there has been a breakdown in the person’s re- lationship with his or her parents; or because the person’s parents are absent and are unable to support the person financially; or (b) (ba) because the person has ceased to be subject to— (i) an agreement made under section 140 of the Chil- dren, Young Persons, and Their Families Act 1989; or (2) 132 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 60FC (ii) (iii) an order under section 78, 101, or 283(n) of that Act; or a sole guardianship order under section 110 of that Act; or (3) any other good and sufficient reason.
(c) In this section, parents— (a) means the parents or guardian or other person who had the care of the person most recently before the person turned 16 years; but does not include the chief executive of the Department of Child, Youth and Family Services acting in his or her official capacity.

(b) Section 60FA: inserted, on 1 January 1998, by section 13(1) of the Social Se- curity Amendment Act (No 4) 1997 (1997 No 63).
Section 60FA heading: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 60FA(1): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 60FA(1)(b): amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 60FA(2)(ba): inserted, on 2 July 2007, by section 8 of the Social Se- curity Amendment Act 2007 (2007 No 20).
Section 60FA(3)(b): amended, on 1 July 2001, by section 17 of the Social Se- curity Amendment Act 2001 (2001 No 1).

Section 60FA(3)(b): amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
60FB Independent youth benefits: persons who are married, in civil union, or de facto relationship A person who is married, in a civil union, or in a de facto re- lationship is entitled to an independent youth benefit if section 60F(2) applies to him or her.

Section 60FB: replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
60FC Independent youth benefits: persons enrolled in full-time course of secondary instruction (1) A person enrolled in a full-time course of secondary instruc- tion is not entitled to an independent youth benefit if— 133 Part 1 s 60FD Social Security Act 1964 Reprinted as at 27 July 2012 (a) (b) he or she has moved from his or her parents’ home in order to better his or her educational prospects; and there is no breakdown in his or her relationship with his or her parents.
(2) A person— (a) (b) entitled to receive an independent youth benefit; and enrolled in a full-time course of secondary instruction during the year in which he or she turns 18 years— (3) continues to be entitled to receive the benefit until 31 Decem- ber of the year in which he or she turns 18 years.
In this section, parents— (a) means the parents or guardian or other person who had the care of the person most recently before he or she turned 16 years; but does not include the chief executive of the Department of Child, Youth and Family Services acting in his or her official capacity.

(b) Section 60FC: inserted, on 1 January 1998, by section 13(1) of the Social Se- curity Amendment Act (No 4) 1997 (1997 No 63).
Section 60FC(3)(b): amended, on 1 July 2001, by section 18 of the Social Se- curity Amendment Act 2001 (2001 No 1).

Section 60FC(3)(b): amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
60FD Independent youth benefits: sickness, injury, or disability Section 54B(1) to (3) (which relate to the requirement to in- clude a medical certificate with an application, and to submit to a medical examination if required to do so by the chief ex- ecutive) apply to an applicant for, or a person granted, an in- dependent youth benefit on the ground in section 60F(6), as if the references in those provisions to “sickness benefit” were references to “independent youth benefit”.
Section 60FD: replaced, on 1 October 1998, by section 27 of the Social Security Amendment Act 1998 (1998 No 19).

Section 60FD: amended, on 1 July 2001, by section 15(4) of the Social Security Amendment Act 2001 (2001 No 1).

Section 60FD: amended, on 1 July 2001, by section 15(5) of the Social Security Amendment Act 2001 (2001 No 1).
134 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 60GAB 60G Rates of independent youth benefit The rate of independent youth benefit payable to any benefi- ciary shall be the appropriate rate specified in Schedule 26.

Section 60G: inserted, on 1 December 1990, by section 17(1) of the Social Se- curity Amendment Act (No 2) 1990 (1990 No 74).
60GAA Period for which independent youth benefit payable [Repealed] Section 60GAA: repealed, on 2 July 2007, by section 13(2) of the Social Secur- ity Amendment Act 2007 (2007 No 20).

60GAB Independent youth benefits: obligations (1) A person granted an independent youth benefit is subject to the obligations set out in subsection (2) or (3) from the day on which the benefit is first paid.
(2) Unless subsection (3) applies, the obligations are— (a) when required by the chief executive, to participate, for at least 30 hours a week and not more than 40 hours a week, in any approved activities; or (b) when required by the chief executive, to be available for, and take reasonable steps to obtain, full-time em- ployment, to the satisfaction of the chief executive.
The obligations of a person granted an independent youth benefit on the grounds stated in section 60F(6) are to par- ticipate when required by the chief executive in at least 1 approved activity (being an educational, training, or develop- mental activity) for at least 3 hours a week.

(3) (4) A failure without good and sufficient reason to comply with obligations under this section is subject to sanctions, as pro- vided in section 115A.
In this section— approved activity, in relation to a person, means— (a) (5) attending and participating in education or employ- ment-related training; or taking reasonable steps to obtain suitable employment, including attending and participating in any interview for any opportunity of suitable employment to which the person is referred by the chief executive, and under- taking work-focused activities; or (b) 135 Part 1 s 60GAC Social Security Act 1964 Reprinted as at 27 July 2012 (c) (d) (e) attending and participating in an activity (other than ac- tivity in the community) intended to develop the per- son’s capabilities for employment, including a social re- habilitation programme; or attending and participating in skills training; or a combination of any of the activities described in para- graphs (a) to (d) work-focused activity means any of the following: (a) attending and participating in an employment-related seminar provided by the department, or by any other person approved by the chief executive for the purpose: attending and participating in an interview for an op- portunity of suitable employment to which the person concerned is referred by the chief executive: attending and participating in employment-related training approved by the chief executive for the pur- pose: attending and participating in an interview with an offi- cer of the department: completing any self-assessment or planning required by the chief executive.
(b) (c) (d) (e) Section 60GAB: inserted, on 24 September 2007, by section 28(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 60GAB(2)(a): amended, on 27 September 2010, by section 9(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60GAB(2)(b): amended, on 27 September 2010, by section 9(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
60GAC Department to explain obligations to beneficiaries The chief executive must take reasonable and appropriate steps to make every person granted an independent youth benefit aware, as soon as is practicable after the benefit is granted, of— (a) (b) his or her obligations under section 60GAB; and the consequences of failure to comply with the obliga- tions and, in particular, the sanctions that may be im- posed under section 115A.
136 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 60H Section 60GAC: inserted, on 24 September 2007, by section 28(1) of the Social Security Amendment Act 2007 (2007 No 20).

Further conditions of benefits Heading: inserted, on 1 April 1997, by section 16 of the Social Security Amend- ment Act 1996 (1996 No 20).

60GA Purposes of sections 60H to 60M [Repealed] Section 60GA: repealed, on 1 October 1998, by section 8(1) of the Social Se- curity (Work Test) Amendment Act 1998 (1998 No 94).
60H Voluntary unemployment or loss of employment through (1) (2) misconduct, etc In this section, unless the context otherwise requires,— benefit means a work-tested benefit employment means,— (a) in the case of an applicant for a work-tested benefit,— (i) (ii) full-time employment; or part-time employment if the chief executive is satisfied that, for a period of not less than 13 weeks preceding the termination of the em- the income from that employment ployment, was sufficient to maintain the person; or in the case of a part-time work-tested beneficiary, regu- lar part-time work; and in the case of any other work-tested beneficiary, full- time employment (b) (c) scheme means a Government-assisted scheme that the chief executive considers analogous to a benefit unemployed means resigning from or otherwise leaving em- ployment, other than by dismissal.
This section applies to a person who is— (a) a person who is an applicant for a benefit if, on the grant of the benefit, he or she would be a work-tested beneficiary; or a person who is an applicant for a sickness benefit if the chief executive would be able to require him or her to (ab) 137 Part 1 s 60H Social Security Act 1964 Reprinted as at 27 July 2012 (b) comply with the work test under section 54DA(1) from the date on which the benefit is first paid; or a person who is the spouse or partner of an applicant for a married rate of benefit, if, on the grant of the benefit, he or she would be a work-tested spouse or partner; or a work-tested beneficiary.
(c) This section applies if the chief executive is satisfied that a person referred to in subsection (2)— (a) has voluntarily become unemployed without good and sufficient reason; or has been in receipt of payments under a scheme and has voluntarily ceased to be part of that scheme without good and sufficient reason; or has lost his or her employment because of misconduct as an employee; or has ceased to be part of a scheme by reason of any mis- conduct.
(b) (c) (d) If this section applies, the chief executive must cancel the benefit (if granted), and the person is not entitled to the can- celled benefit or a work-tested benefit during the period of 13 weeks commencing on— (a) the date the person’s employment ceased; or the date the person’s participation in the scheme ceased.

(b) Subsection (4) is subject to subsection (6) and to sections 120, 121, 123, 123A, and 123B.
If this section applies because of misconduct— (a) the chief executive may, in his or her discretion, decide not to apply subsection (4) to the person; or the chief executive may pay the benefit, or the benefit without the reduction, on the condition that the person will repay the amount to which he or she would not be entitled but for this paragraph, if— (i) a court, person, or body authorised by law to determine the matter determines the misconduct to be proved; and the chief executive, in his or her discretion, so directs.
(ii) (b) (3) (4) (5) (6) 138 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 60H (7) Any amount that the chief executive directs to be repayable under subsection (6)(b) may be recovered from the person under section 86(1).

Section 60H: replaced, on 1 April 1997, by section 17 of the Social Security Amendment Act 1996 (1996 No 20).

Section 60H(1) employment: replaced, on 1 October 1998, by section 29(1)(a) of the Social Security Amendment Act 1998 (1998 No 19).
Section 60H(1) employment paragraph (c): replaced, on 1 July 2001, by section 15(6) of the Social Security Amendment Act 2001 (2001 No 1).

Section 60H(1) rate of the benefit: repealed, on 1 October 1998, by section 4(1) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Section 60H(1) regular: repealed, on 1 October 1998, by section 29(1)(b) of the Social Security Amendment Act 1998 (1998 No 19).
Section 60H(1) scheme: amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 60H(2): replaced, on 1 October 1998, by section 29(2) of the Social Security Amendment Act 1998 (1998 No 19).

Section 60H(2)(ab): inserted, on 2 May 2011, by section 8(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 60H(2)(b): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 60H(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 60H(4): replaced, on 1 October 1998, by section 4(2) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).
Section 60H(5): replaced, on 1 October 1998, by section 4(2) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Section 60H(5): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60H(6)(a): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 60H(6)(b): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 60H(6)(b)(ii): amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 60H(7): amended, on 26 September 2002, by section 10 of the So- cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
139 Part 1 s 60HA Social Security Act 1964 Reprinted as at 27 July 2012 Section 60H(7): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
60HA Work preparation exercise (1) (b) The chief executive may request a person to whom this section applies— (a) to participate in 1 mandatory interview each year until the person is required to comply with the work test; and to participate in 1 activity under subsection (2)(b), but only in the year before the date that the person’s youngest dependent child attains the particular age giving rise to an obligation on that person to comply with the work test.
(2) A work preparation exercise is either or both of the follow- ing: (a) (b) a mandatory interview by or on behalf of the chief ex- ecutive: an activity, set by the chief executive, for the purpose of preparing a person for employment.

(3) (4) (5) This section applies to a beneficiary who is required under this Act to comply with a request under this section.

The chief executive may not make a request under subsection (1)(b) to a person who is granted a domestic purposes benefit under section 27G.
If a person fails without good and sufficient reason to com- ply with a request under this section, the chief executive must apply the appropriate penalty under this Act for a failure to comply with a request under this section.

Section 60HA: replaced, on 1 February 1999, by section 65(1) of the Social Security Amendment Act 1998 (1998 No 19).
60HB Effect of failure to attend or participate in mandatory interview [Repealed] Section 60HB: repealed, on 1 October 1998, by section 8(1) of the Social Se- curity (Work Test) Amendment Act 1998 (1998 No 94).

140 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 60J 60HC Beneficiaries to be work-tested [Repealed] Section 60HC: repealed, on 1 October 1998, by section 8(1) of the Social Se- curity (Work Test) Amendment Act 1998 (1998 No 94).
60HCA General duty of Director-General to ensure that work-tested beneficiaries aware of obligations [Repealed] Section 60HCA: repealed, on 1 October 1998, by section 33(1) of the Social Security Amendment Act 1998 (1998 No 19).

60HD Power of Director-General to grant exemption from mandatory interview or work test [Repealed] Section 60HD: repealed, on 1 October 1998, by section 8(1) of the Social Se- curity (Work Test) Amendment Act 1998 (1998 No 94).
60HE Persons exempted from mandatory interview or work test to notify change of circumstances [Repealed] Section 60HE: repealed, on 1 October 1998, by section 8(1) of the Social Se- curity (Work Test) Amendment Act 1998 (1998 No 94).

60HF Delay of work test obligation for existing beneficiaries [Repealed] Section 60HF: repealed, on 1 October 1998, by section 8(1) of the Social Se- curity (Work Test) Amendment Act 1998 (1998 No 94).
60I Effect of redundancy payments, etc, on entitlement to benefits [Repealed] Section 60I: repealed, on 1 April 1997, by section 19 of the Social Security Amendment Act 1996 (1996 No 20).

60J Failure to comply with work test [Repealed] Section 60J: repealed, on 1 October 1998, by section 8(1) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).
141 Part 1 s 60JA Social Security Act 1964 Reprinted as at 27 July 2012 60JA Penalty for failure to attend or participate in mandatory interview or comply with work test [Repealed] Section 60JA: repealed, on 1 October 1998, by section 8(1) of the Social Secur- ity (Work Test) Amendment Act 1998 (1998 No 94).
60JB Effect of recompliance with mandatory interview or work test [Repealed] Section 60JB: repealed, on 1 October 1998, by section 8(1) of the Social Secur- ity (Work Test) Amendment Act 1998 (1998 No 94).

60JC Reduction of benefit or non-entitlement period to end if person ceases to be subject to mandatory interview or work-testing [Repealed] Section 60JC: repealed, on 1 October 1998, by section 8(1) of the Social Secur- ity (Work Test) Amendment Act 1998 (1998 No 94).
60K Effect of undertaking employment [Repealed] Section 60K: repealed, on 1 October 1998, by section 8(1) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

60KA Effect of participation in approved activities [Repealed] Section 60KA: repealed, on 1 October 1998, by section 8(1) of the Social Se- curity (Work Test) Amendment Act 1998 (1998 No 94).
60L Effect of sections 60H to 60J and section 60N on entitlement to supplementary benefits and on spouses [Repealed] Section 60L: repealed, on 1 October 1998, by section 39 of the Social Security Amendment Act 1998 (1998 No 19).

60M Community task force scheme [Repealed] Section 60M: repealed, on 1 October 1998, by section 40(1) of the Social Se- curity Amendment Act 1998 (1998 No 19).
142 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 60O 60N Effect of failure to participate in community task force project [Repealed] Section 60N: repealed, on 1 April 1997, by section 28 of the Social Security Amendment Act 1996 (1996 No 20).
60O Interpretation In sections 60P to 60Z, unless the context otherwise re- quires,— chief executive includes— (a) an officer of the department acting under a delegation from the chief executive; and a person authorised by the chief executive to act on be- half of the chief executive (except in sections 60U to 60Y) (b) employment plan means a plan that— (a) (b) (c) (d) has goals to assist the beneficiary to move towards employment: sets out a plan of action designed to meet the goals referred to in paragraph (a), in- cluding the activities that will be under- taken by the beneficiary to facilitate the achievement of those goals: includes a statement of the information the department will provide to assist the bene- ficiary to do 1 or more of the following: (i) achieve the goals referred to in para- graph (a): improve his or her employment cap- abilities: obtain employment: (iii) includes, if agreed to by the chief execu- tive, a statement of the assistance that the department will provide to assist the bene- ficiary to do 1 or more of the things de- scribed in paragraph (c)(i) to (iii).
(ii) Section 60O: inserted, on 10 March 2003, by section 11 of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

143 Part 1 s 60P Social Security Act 1964 Reprinted as at 27 July 2012 inserted, on 27 September 2010, by sec- Section 60O employment plan: tion 10(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 60O personal development and employment plan or plan: repealed, on 27 September 2010, by section 10(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
60P Purpose of sections 60Q to 60Z The purpose of sections 60Q to 60Z is— (a) to facilitate the movement of domestic purposes benefi- ciaries (other than work-tested domestic purposes bene- ficiaries) and widows’ beneficiaries, and the spouses and partners (other than work-tested spouses or part- ners) of emergency, invalids’, sickness, and unemploy- ment beneficiaries, into ongoing employment as their parenting responsibilities and individual circumstances allow: to facilitate the movement of invalids’ beneficiaries and sickness beneficiaries (other than work-tested sickness beneficiaries) into employment as their disability-re- lated or medical conditions, and circumstances, allow: to provide opportunities for those beneficiaries to im- prove their capabilities for employment: to improve social and economic outcomes for those beneficiaries and their dependent children.
(ab) (b) (c) Section 60P: inserted, on 10 March 2003, by section 11 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 60P(a): amended, on 27 September 2010, by section 11 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60P(a): amended, on 24 September 2007, by section 29(1) of the Social Security Amendment Act 2007 (2007 No 20).
Section 60P(ab): inserted, on 24 September 2007, by section 29(2) of the Social Security Amendment Act 2007 (2007 No 20).

Section 60P(ab): amended, on 2 May 2011, by section 8(2) of the Social Secur- ity (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
60Q Employment plans (1) The chief executive may, from time to time, require a person to whom this section applies— 144 Reprinted as at 27 July 2012 (a) Social Security Act 1964 Part 1 s 60Q to attend and participate in 1 or more interviews with the chief executive for any or all of the following purposes: identifying the matters referred to in subsection (i) (2): carrying out any of the activities referred to in any of paragraphs (ab) to (d): any other purpose related to either of those pur- poses: (iii) (ii) (ab) (b) (c) (ca) (cb) (d) to undertake planning for employment: to develop, in co-operation with and with the assistance of the chief executive, an employment plan for the per- son based on the matters referred to in subsection (2): to co-operate with the chief executive in the conduct of any review of the person’s employment plan under section 60S: to undertake a work-related activity or programme in- cluded in the person’s employment plan: to undertake any activity or any rehabilitation (other than an activity or rehabilitation involving participation in work, voluntary work, activity in the community, or unpaid work experience, or medical treatment) the chief executive considers suitable for the beneficiary to im- prove the beneficiary’s work-readiness or prospects for employment: to develop, in co-operation with and with the assistance of the chief executive, a new employment plan for the person, if the chief executive considers that, because of a substantial change to the person’s circumstances, the person’s existing employment plan is inappropriate and the person requires a new employment plan.
(2) The matters referred to in subsection (1) are— (a) any features of the person’s individual circumstances or parenting responsibilities that may affect the ability of the person to obtain employment; and any specific constraints arising from those circum- stances or responsibilities that the person may have in obtaining and sustaining employment; and (b) 145 Part 1 s 60Q Social Security Act 1964 Reprinted as at 27 July 2012 (c) (d) any practical assistance the person requires to enable the person to support himself or herself through employ- ment; and the person’s skills and experience (including those de- veloped through unpaid work) that are relevant to fa- cilitating the most effective path to enable the person to obtain employment.
(3) For the purposes of this section and sections 60R to 60Z, unless the context otherwise requires,— (a) a person who is required to develop an employment plan does not complete his or her development of the em- ployment plan unless the person signs it: a document developed by any person as his or her em- ployment plan is not an employment plan unless he or she signs it: an employment plan developed in accordance with sec- tion 60W(3) or section 60Y(4)(b) is, unless the context otherwise requires, to be treated as an employment plan developed under subsection (1)(d).
(b) (c) (3A) A person— (a) cannot be required to include in his or her employment plan provisions relating to his or her undertaking activ- ity in the community; and cannot be required under subsection (1) to undertake activity in the community (whether or not it is included in his or her employment plan).

(b) (3B) Subsection (3A)(a) does not prevent the inclusion in a person’s employment plan of provisions relating to his or her undertak- ing activity in the community.
(4) An employment plan does not create any rights or obligations that are enforceable in a court or tribunal.

(5) Nothing in subsection (4) affects section 10A or sections 12J to 12R.
This section applies to every person (other than a person for the time being exempted under subsection (7)) who— (a) is the recipient of— (i) a benefit under section 21 (the widow’s benefit); or (6) 146 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 60Q (ii) (iii) (iv) (v) a benefit under section 27B (the domestic pur- poses benefit for solo parents) if the recipient has a dependent child under the age of 6 years; or a benefit under section 27C (the domestic pur- poses benefit for women alone); or a benefit under section 40 (the invalid’s benefit); or a benefit under section 54 (the sickness benefit), unless the person is a work-tested sickness bene- ficiary; or (7) (b) (ii) is the spouse or partner of a person who— (i) is the recipient of an emergency benefit, an in- valid’s benefit, a sickness benefit, or an unem- ployment benefit; and has a dependent child aged under 6.
The chief executive may, on the grounds of severe disability or sickness, exempt a person receiving an invalid’s benefit from the application of this section.

Section 60Q: inserted, on 10 March 2003, by section 11 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 60Q heading: amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 60Q(1)(a): replaced, on 24 September 2007, by section 30(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 60Q(1)(ab): inserted, on 24 September 2007, by section 30(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 60Q(1)(ab): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 60Q(1)(b): replaced, on 24 September 2007, by section 30(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 60Q(1)(b): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60Q(1)(c): replaced, on 24 September 2007, by section 30(1) of the Social Security Amendment Act 2007 (2007 No 20).
Section 60Q(1)(c): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60Q(1)(ca): inserted, on 24 September 2007, by section 30(1) of the Social Security Amendment Act 2007 (2007 No 20).
147 Part 1 s 60R Social Security Act 1964 Reprinted as at 27 July 2012 Section 60Q(ca): amended, on 27 September 2010, by section 35(1) of the So- cial Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60Q(1)(cb): inserted, on 24 September 2007, by section 30(1) of the Social Security Amendment Act 2007 (2007 No 20).
Section 60Q(1)(d): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60Q(3)(a): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60Q(3)(b): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 60Q(3)(c): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60Q(3A): inserted, on 24 September 2007, by section 30(2) of the Social Security Amendment Act 2007 (2007 No 20).

Section 60Q(3A)(a): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 60Q(3A)(b): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60Q(3B): inserted, on 24 September 2007, by section 30(2) of the Social Security Amendment Act 2007 (2007 No 20).

Section 60Q(3B): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 60Q(4): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60Q(6): replaced, on 24 September 2007, by section 30(3) of the Social Security Amendment Act 2007 (2007 No 20).

Section 60Q(6)(a)(ii): replaced, on 27 September 2010, by section 12 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 60Q(6)(a)(v): amended, on 2 May 2011, by section 8(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60Q(7): inserted, on 24 September 2007, by section 30(3) of the Social Security Amendment Act 2007 (2007 No 20).
60R Developing and reviewing employment plans (1) An employment plan should be— 148 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 60R (2) (a) (b) developed by the beneficiary with the assistance of the chief executive: a plan that is acceptable to the beneficiary and that the beneficiary is willing to sign.
If, despite reasonable efforts by the chief executive, the bene- ficiary does not co-operate in the prompt development of an employment plan or does not sign it, the chief executive may conclude that the beneficiary has failed to comply with a re- quirement under section 60Q(1).
(3) At any time after an employment plan is signed, a beneficiary or the chief executive, may ask for a review of the employment plan, but, until a review is completed, the beneficiary must demonstrate commitment to the employment plan in its current form.
If a beneficiary or the chief executive asks for a review of the beneficiary’s employment plan,— (a) (4) the beneficiary, in co-operation with and with the assist- ance of the chief executive, must review the employ- ment plan as soon as practicable; and the beneficiary— (i) may confirm the employment plan by signing it; or (b) (ii) may amend the employment plan by signing a re- vised version of it that includes the amendments.
Section 60R: inserted, on 10 March 2003, by section 11 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 60R heading: amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60R(1): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 60R(2): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60R(3): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60R(3): amended, on 24 September 2007, by section 30(4) of the Social Security Amendment Act 2007 (2007 No 20).
149 Part 1 s 60S Social Security Act 1964 Reprinted as at 27 July 2012 Section 60R(4): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60R(4): amended, on 24 September 2007, by section 30(4) of the Social Security Amendment Act 2007 (2007 No 20).
Section 60R(4)(a): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60R(4)(b)(i): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 60R(4)(b)(ii): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

60S Beneficiary must demonstrate commitment to (1) (2) employment plan at review This section applies to a beneficiary who has signed an em- ployment plan developed in accordance with a request under section 60Q(1).
The chief executive may, at any reasonable time after the bene- ficiary’s current employment plan was signed or last reviewed, review it with the beneficiary.

[Repealed] (3) (4) At any review of the employment plan, the chief executive may require the beneficiary to demonstrate that, during the period under review, the beneficiary has had a commitment to the goals set out in that plan and in any other employment plan in effect during that period.
The chief executive determines whether a beneficiary has demonstrated a commitment to achieving the goals set out in an employment plan during any period by considering the overall response of the beneficiary to those goals and to the action plan included in the employment plan, having regard to,— (a) the extent to which the beneficiary has— (i) (5) undertaken the activities set out in that employ- ment plan; or undertaken any other activities relevant to the goals set out in that employment plan; and (ii) 150 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 60S (b) if the beneficiary has failed to undertake any or all of the activities set out in the employment plan, whether those activities were realistically achieveable during the period under consideration.
(5A) When considering whether a beneficiary has demonstrated commitment to the goals in their employment plan, the chief executive must not have any regard to whether the beneficiary has failed or refused to undertake activity in the community [Repealed] Section 60S: inserted, on 10 March 2003, by section 11 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).
(6) Section 60S heading: amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60S heading: amended, on 24 September 2007, by section 31(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 60S(1): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 60S(2): replaced, on 24 September 2007, by section 31(2) of the Social Security Amendment Act 2007 (2007 No 20).

Section 60S(2): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60S(3): repealed, on 24 September 2007, by section 31(2) of the Social Security Amendment Act 2007 (2007 No 20).
Section 60S(4): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60S(4): amended, on 24 September 2007, by section 31(3) of the Social Security Amendment Act 2007 (2007 No 20).

Section 60S(5): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 60S(5)(a)(i): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60S(5)(a)(ii): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 60S(5)(b): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

151 Part 1 s 60T Social Security Act 1964 Reprinted as at 27 July 2012 Section 60S(5A): inserted, on 24 September 2007, by section 31(4) of the Social Security Amendment Act 2007 (2007 No 20).
Section 60S(5A): amended, on 27 September 2010, by section 35(1) of the So- cial Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60S(6): repealed, on 24 September 2007, by section 31(5) of the Social Security Amendment Act 2007 (2007 No 20).
60T Department must explain rights and obligations in relation to employment plans The chief executive must take reasonable and appropriate steps to make every beneficiary aware, before the beneficiary signs an employment plan, of— (a) the beneficiary’s obligations that arise from payment of a benefit and the beneficiary’s right to assistance to de- velop or review an employment plan; and the effect and consequences of signing an employment plan; and the consequences of failure to comply with a require- ment under section 60Q(1) or to demonstrate commit- ment to the goals of the employment plan and, in par- ticular, the sanctions that may be imposed under section 60Y; and the beneficiary’s right under section 60R(3) to ask for a review of his or her employment plan; and the beneficiary’s right under sections 10A and 12J to review and appeal decisions relating to the employment plan.
(b) (c) (d) (e) Section 60T: inserted, on 10 March 2003, by section 11 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 60T heading: amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60T: amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 60T(a): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60T(b): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
152 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 60U Section 60T(c): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60T(d): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 60T(e): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
60U Failure to comply with employment plan obligations (1) The chief executive must impose the sanctions set out in sec- tion 60Y on a beneficiary if the chief executive considers that a beneficiary has, without a good and sufficient reason,— (a) failed to comply with a requirement under section 60Q(1); or failed to comply with a request under section 60HA; or failed to demonstrate commitment to the goals in the beneficiary’s employment plan.
(ab) (b) (2) (3) Before determining that there is a failure by the beneficiary and that the failure is a failure without good and sufficient reason, the chief executive must— (a) review the beneficiary’s employment plan (if the bene- ficiary has one) to determine whether it is appropriate; and apply the procedure in section 60V.
(b) For the purposes of this section and sections 60V and 60W, a beneficiary has a good and sufficient reason for failing to demonstrate commitment to achieving the goals set out in an employment plan if— (a) the undertaking by the beneficiary of any activities set out in the employment plan was dependent on the de- partment taking any action or providing any assistance specified in the employment plan; and the department did not take that action or supply that assistance, or did not do so to the extent or in the manner specified in the employment plan.
(b) (4) Subsection (3) does not limit the circumstances in which a beneficiary has a good and sufficient reason for failing to 153 Part 1 s 60V Social Security Act 1964 Reprinted as at 27 July 2012 demonstrate commitment to the goals set out in an employ- ment plan.

Section 60U: inserted, on 10 March 2003, by section 11 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).
Section 60U heading: amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60U(1)(ab): inserted, on 24 September 2007, by section 32(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 60U(1)(b): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 60U(2)(a): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60U(3): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60U(3)(a): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 60U(3)(b): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60U(4): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
60V Procedure for determining whether failure is without good and sufficient reason This section applies if the chief executive is considering whether sanctions must be imposed on a beneficiary under section 60Y.

If this section applies, the chief executive must set a review period of 30 working days during which the chief executive must give the beneficiary (and any support person of the bene- ficiary’s choice) an opportunity to meet with the chief execu- tive.
The purposes of the meeting and review period under subsec- tion (2) are— (a) to ascertain whether there is a failure by the beneficiary and, if so, the reasons for the beneficiary’s failure, and whether those reasons are good and sufficient reasons: (1) (2) (3) 154 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 60W (c) (b) in the case of a failure to comply with a requirement under section 60Q(1), to give the beneficiary a further opportunity to remedy the failure within that period: in the case of a failure to demonstrate commitment to the goals set out in the beneficiary’s employment plan, to give the beneficiary the opportunity to co-operate in developing a new employment plan within that period.
Section 60V: inserted, on 10 March 2003, by section 11 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 60V(3)(c): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
60W Failure without good and sufficient reasons (1) If, during the review period set under section 60V(2), the bene- ficiary fails to take advantage of the opportunity given to him or her, and the chief executive considers that the reasons (if any) given by the beneficiary for the failure to remedy an ini- tial failure are not good and sufficient reasons, the chief ex- ecutive may,— (a) in the case of a beneficiary who has failed to comply with a requirement under section 60Q(1), require the beneficiary to remedy the failure to comply within a further period of 20 working days; or in the case of a beneficiary who has failed to demon- strate commitment to the goals in the beneficiary’s em- ployment plan, require the beneficiary to undertake to the satisfaction of the chief executive, within a further period of 20 working days, a specified activity that the chief executive considers suitable.
(b) (2) (3) If the beneficiary does not comply with a requirement under subsection (1)(a) within the required period, the chief execu- tive may consider that the beneficiary has failed without a good and sufficient reason to comply with a requirement under sec- tion 60Q(1).
If the beneficiary does not comply with a requirement under subsection (1)(b) within the required period, the chief execu- tive may consider the beneficiary has failed to demonstrate commitment to the goals in the beneficiary’s employment plan 155 Part 1 s 60X Social Security Act 1964 Reprinted as at 27 July 2012 (4) unless, within the period, the beneficiary develops a new em- ployment plan.
In this section, specified activity— (a) means— (i) an activity in the beneficiary’s current employ- ment plan; or a pre-employment activity (being an activity de- signed to prepare a person for employment); but does not include any activity that requires the benefi- ciary to seek employment or undertake any work.

Section 60W: inserted, on 10 March 2003, by section 11 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).
(ii) (b) Section 60W(1)(b): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60W(3): amended, on 27 September 2010, by section 35(1) of the So- cial Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 60W(4)(a)(i): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

60X Procedure for imposing sanctions (1) This section applies if a sanction is to be imposed on a bene- ficiary under section 60Y.
If this section applies, the chief executive must not reduce a benefit payable to a beneficiary unless the chief executive has first given the beneficiary written notice— (a) stating that the beneficiary has failed to comply with a specified obligation under this Act; and specifying the nature of that failure; and stating that, because of that failure, the chief executive is reducing the benefit payable to the beneficiary; and specifying a date on which the reduction is to take ef- fect, and the nature and duration of the reduction; and stating that the beneficiary has 10 working days from the giving of the notice to dispute the reduction; and advising the beneficiary to contact the department if the beneficiary wants to dispute or discuss the decision to reduce the benefit; and (b) (c) (d) (e) (f) (2) 156 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 60Y (3) (g) containing a clear statement of the beneficiary’s right, under section 10A, to apply for a review of the decision, and of the procedure for applying for a review.
Section 114 applies with all necessary modifications to notices under this section.

Section 60X: inserted, on 10 March 2003, by section 11 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).
60Y Sanctions for failure to comply with obligations in relation (1) to employment plan The sanctions that the chief executive must apply in respect of a failure under section 60U are: (a) the person’s benefit must be reduced by 20% until the person complies; and if, after 4 weeks from the date on which the reduc- tion under paragraph (a) takes effect, the person has not complied, the benefit must be reduced by a further 30% (so that the total reduction is 50%) until the person com- plies.
(b) (1A) A reduction under subsection (1),— (a) (b) in the case of an emergency benefit, an invalid’s benefit, a sickness benefit, or an unemployment benefit, that is payable at the rate for a person who is married or in a civil union or de facto relationship, applies to only half the benefit (but the beneficiary’s spouse or partner is, subject to the appropriate income test applied at half its abatement rate, entitled to receive the other half of the benefit); and in any other case, applies to the whole of the benefit payable to the beneficiary.
(3) (2) A reduction under subsection (1) applies to the rate of benefit payable to the beneficiary after any abatement on account of income.

The reduction of the benefit must not take effect before the close of the 10 working days specified in the notice under sec- tion 60X(2)(e).
For the purposes of this section and section 60Z, a person com- plies if the person— (a) remedies the relevant failure; or (4) 157 Part 1 s 60Z Social Security Act 1964 Reprinted as at 27 July 2012 (5) (b) if the person has been required to undertake an activity specified by the chief executive, undertakes that activity to the satisfaction of the chief executive, or develops a new employment plan.

This section is subject to section 60Z.


Section 60Y: inserted, on 10 March 2003, by section 11 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 60Y heading: amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 60Y(1A): inserted, on 24 September 2007, by section 33 of the Social Security Amendment Act 2007 (2007 No 20).
Section 60Y(4)(b): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

60Z Effect of compliance or agreement to comply (1) If a person complies, the reduction applied to the person’s benefit ceases and the person is entitled to be paid the bene- fit at the rate otherwise payable on and after the date that the person’s benefit was first reduced under section 60Y.
Subject to subsection (4), if a person (other than a person to whom sanctions are being applied under subsection (4)(a)) agrees to comply within a period set by the chief executive, the reduction applied to the person’s benefit ceases and the person is entitled to be paid the benefit at the rate otherwise payable on and after the date that the person’s benefit was first reduced under section 60Y.
The chief executive must give to every person to whom sub- section (2) applies a notice that— (a) (b) confirms the agreement under subsection (2); and states the period for compliance set under subsection (2) (which must be a period of not less than 10 working days from the date the notice is given in accordance with section 114, which applies with all necessary modifica- tions).
If a person who has agreed to comply fails to do so within the period set under subsection (2) and the chief executive consid- ers that the person does not have a good and sufficient reason for the failure,— (2) (3) (4) 158 Reprinted as at 27 July 2012 (a) Social Security Act 1964 Part 1 s 61 the chief executive must apply the sanctions set out in section 60Y(1), which applies with the following modi- fications: (i) if the person’s benefit was subject to a reduction of 20% under section 60Y(1)(a) immediately be- fore the reduction ceased under subsection (2), that benefit must again be reduced by 20% under section 60Y(1)(a) and, if the person has not com- plied after 4 weeks from the date on which that subsequent reduction takes effect, the amount of that reduction must be increased under section 60Y(1)(b): if the person’s benefit was subject to a reduction of 50% under section 60Y(1)(b) immediately be- fore the reduction ceased under subsection (2), that benefit must again be reduced by 50% under section 60Y(1)(b): (ii) 61 (1) (b) the chief executive is not required to comply with sec- tions 60V to 60X before applying those sanctions, and section 60Y(3) does not apply.
Section 60Z: inserted, on 10 March 2003, by section 11 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).
Emergency benefits Chief executive may grant emergency benefit in cases of hardship The chief executive may, in the chief executive’s discretion and subject to such conditions as the chief executive thinks fit to impose, grant an emergency benefit under this Act on account of hardship to any person who satisfies the following conditions, namely: (a) that by reason of age, or of physical or mental disability, or of domestic circumstances, or for any other reason, he is unable to earn a sufficient livelihood for himself and his dependants (if any); and (b) that he is not qualified to be granted any benefit: provided that the chief executive may at any time, in the chief executive’s discretion, grant an emergency benefit instead of or in substitution for an invalid’s benefit, a domestic purposes 159 Part 1 s 61 Social Security Act 1964 Reprinted as at 27 July 2012 benefit, a widow’s benefit, an independent youth benefit, or an unemployment benefit or a sickness benefit: provided also that, where the chief executive is of the opinion that a person applying for or in receipt of an invalid’s benefit, a domestic purposes benefit, a widow’s benefit, an independ- ent youth benefit, or an unemployment benefit or a sickness benefit should undergo a course of training in any occupation, or should submit himself for examination at any medical or psychological clinic, or should receive any medical or other treatment, or should undergo any course of training for the improvement of his physical or mental capacities, or should do any work required of him, or should take more adequate steps to secure suitable employment, the chief executive may, in the chief executive’s discretion, grant an emergency benefit instead of or in substitution for an invalid’s benefit, a domes- tic purposes benefit, a widow’s benefit, an independent youth benefit, or an unemployment benefit or a sickness benefit; and in any such case the grant or continuance of the emergency benefit may be made subject to the condition that he shall com- ply with the requirements of the chief executive in respect of any such matters.
(2) (1A) Where the chief executive is considering granting an emer- gency benefit on the grounds of hardship under subsection (1), the chief executive must first consider whether to grant a sick- ness benefit under section 54A or an unemployment benefit under section 90 .
The rate of the emergency benefit shall, in each case, be in the discretion of the chief executive, but, except in any case where the beneficiary is receiving medical or other treatment, shall not exceed the rate to which the beneficiary would be entitled if he were qualified to receive such other benefit as in the opinion of the chief executive is analogous to the emergency benefit.
Every emergency benefit shall commence on such date and shall be continued for such period and subject to such condi- tions as the chief executive in each case determines.

Compare: 1938 No 7 s 58; 1948 No 78 s 21 (3) Section 61 heading: amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
160 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 61A Section 61(1): amended, on 1 July 2001, by section 15(3)(a) of the Social Se- curity Amendment Act 2001 (2001 No 1).

Section 61(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 61(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 61(1): amended, on 6 September 1971, by section 2(1) of the Social Security Amendment Act 1971 (1971 No 8).

Section 61(1)(b): amended, on 1 March 1991, by section 17(a) of the Social Security Amendment Act 1991 (1991 No 1).

Section 61(1) first proviso: amended, on 1 July 2001, by section 15(3)(a) of the Social Security Amendment Act 2001 (2001 No 1).
Section 61(1) first proviso: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 61(1) first proviso: amended, on 1 April 1991, by section 17(b) of the Social Security Amendment Act 1991 (1991 No 1).

Section 61(1) second proviso: amended, on 1 July 2001, by section 15(3)(a) of the Social Security Amendment Act 2001 (2001 No 1).
Section 61(1) second proviso: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 61(1) second proviso: amended, on 1 October 1998, by section 41(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 61(1) second proviso: amended, on 1 October 1998, by section 41(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 61(1A): inserted, on 1 October 1998, by section 41(2) of the Social Security Amendment Act 1998 (1998 No 19).

Section 61(1A): amended, on 1 July 2001, by section 15(7) of the Social Secur- ity Amendment Act 2001 (2001 No 1).

Section 61(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 61(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 61(3): amended, on 6 September 1971, by section 2(2) of the Social Security Amendment Act 1971 (1971 No 8).
61A Obligations of spouse or partner of person granted emergency benefit This section applies to— (1) 161 Part 1 s 61B Social Security Act 1964 Reprinted as at 27 July 2012 (a) (b) the spouse or partner of a person granted an emergency benefit at a work-test married rate; or a person (being a person who is under the age of 60) granted an emergency benefit under regulations made under section 155.
(1A) The chief executive may, by notice in writing, require the spouse or partner of a person granted an emergency benefit at a work-test married rate to comply with the work test if the chief executive is satisfied that it is appropriate and reason- able to require that spouse or partner to seek, undertake, and be available for— (a) part-time work, in the case of a spouse or partner whose youngest dependent child is aged 6 or older but under 18 years; or full-time employment, in any other case.
(b) (2) A person to whom this section applies— (a) must comply with— (i) (ii) a requirement under section 60Q; and any other obligation arising under any of sections 60Q to 60S; or (b) if he or she is a work-tested spouse or partner, must comply with the work test.

Section 61A: inserted, on 1 February 1999, by section 73 of the Social Security Amendment Act 1998 (1998 No 19).

Section 61A heading: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 61A(1)(a): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 61A(1)(b): amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

Section 61A(1A): inserted, on 27 September 2010, by section 13 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 61A(2): replaced, on 24 September 2007, by section 34 of the Social Security Amendment Act 2007 (2007 No 20).

61B Special provisions in respect of child supplements [Repealed] Section 61B: repealed, on 1 October 1986, by section 14(1)(b) of the Social Security Amendment Act 1986 (1986 No 39).
162 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 61CA 61C Special provisions in respect of inadequate maintenance In respect of any period in which a benefit is payable, any of- ficer of the department, without special appointment, may, as if he or she were the beneficiary, institute or appear personally or by agent in any proceedings under the Family Proceedings Act 1980 or the Child Support Act 1991 for or relating to— (a) (b) the maintenance of the beneficiary; or the payment of child support for any child of that bene- ficiary; or the establishment of the paternity of any child of the beneficiary.
(c) Section 61C: replaced, on 1 July 1992, by section 8 of the Social Security Amendment Act (No 5) 1991 (1991 No 143).
61CA Maintenance payable to Crown (1) In this section,— beneficiary means a person who was granted the benefit in respect of which a maintenance debt was incurred maintenance has the same meaning as in section 2 of the Family Proceedings Act 1980 maintenance debt means any money payable under a main- tenance order that was payable to the Consolidated Revenue Account or Crown Bank Account under section 27F (as it ex- isted immediately before its repeal by section 6(1) of the Social Security Amendment Act (No 5) 1991), and unpaid as at the close of 30 June 1992, declared to continue to be payable to the Crown Bank Account as a debt due to the Crown by sec- tion 9(2) of the Social Security Amendment Act (No 3) 1993 maintenance order has the same meaning as it had in sec- tion 2 of the Family Proceedings Act 1980 immediately before the amendment of that definition by the Family Proceedings Amendment Act 1991.
In respect of any maintenance debt— (a) the chief executive shall, for the purposes of the Family Proceedings Act 1980 or any other enactment, be deemed to be the person to whom and for whose benefit the money is payable pursuant to the maintenance order, and may take any proceedings accordingly: (2) 163 Part 1 s 61CB Social Security Act 1964 Reprinted as at 27 July 2012 (b) (c) all money received under the maintenance order shall, without any further authority, be paid into the Crown Bank Account: either the beneficiary or the chief executive or any of- ficer of the department, acting for and on behalf of the beneficiary, may institute and prosecute proceedings under Part 7 of the Family Proceedings Act 1980 (as preserved by section 259(1) of the Child Support Act 1991) for the enforcement of the maintenance order.
(3) While any maintenance debt remains payable, the chief execu- tive shall be served with all proceedings instituted under the Family Proceedings Act 1980 in relation to the maintenance order, by the delivery of a true copy of all documents filed in the proceedings to the relevant office of the department near- est to the court in which the proceedings are filed.
The chief executive or any officer of the department shall, without spe- cial appointment, be entitled to appear and be heard in those proceedings.

Section 61CA: inserted, on 30 June 1993, by section 9(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

Section 61CA(2)(a): amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 61CA(2)(c): amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 61CA(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Epidemics Heading: inserted, on 19 December 2006, by section 5 of the Social Security Amendment Act 2006 (2006 No 90).
61CB Payment of benefits during epidemic in New Zealand This subsection applies to any period comprising— (1) (a) the period when a domestic epidemic management no- tice is in force; and a period after the notice expires that the Minister thinks reasonable in the circumstances.
(b) 164 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 61CB (2) During a period to which subsection (1) applies, the chief ex- ecutive may, with the written approval of the Minister and within any limits stated in the approval, do any or all of the following: (a) cause benefits to be paid to people who would not other- wise be entitled to be paid benefits because— (i) their benefits are subject to a stand down period; or their benefits, or payments of their benefits, are suspended: (ii) (b) (c) (d) reinstate the benefits of, and for any parts of the period the chief executive thinks fit make payments under them to, people whose benefits— (i) were cancelled or terminated within the 8 weeks before the commencement of the domestic epi- demic management notice concerned; or are cancelled or terminated while the notice is in force: (ii) as the case requires, grant benefits to or reinstate the benefits of, and for any parts of the period the chief ex- ecutive thinks fit make payments under them to, people who— (i) were subject to a non-entitlement period on the commencement of the domestic epidemic man- agement notice concerned; or become subject to a non-entitlement period while the notice is in force: (ii) cause payments under benefits to be made to people at a rate— (i) higher than a lower rate to which they would otherwise be entitled (being a lower rate result- ing from 1 or more of the following: (A) (B) a reduction or variation of a rate of benefit: a suspension of a benefit or payments under a
 benefit: a direct deduction from payments under a benefit: (C) 165 Part 1 s 61CC Social Security Act 1964 Reprinted as at 27 July 2012 (D) a sanction, penalty, or non-entitlement period, imposed on a spouse or partner); but (ii) not higher than the maximum rate to which they would otherwise be entitled: (f) (e) refrain from exercising a power to cancel, suspend, vary, or terminate benefits or payments under benefits, in circumstances where the holders satisfy the normal criteria for cancellation, suspension, variation, or ter- mination of benefits or payments: refrain from cancelling, suspending, or terminating benefits in circumstances where this Act requires them to be cancelled, suspended, or terminated.
(3) A benefit granted or reinstated under paragraph (b) or para- graph (c) of subsection (2) must be treated as having ended when the period concerned expires, unless its holder has or has again become entitled to be granted it.

Subsection (2) overrides every provision of this Act to the con- trary.

Section 61CB: inserted, on 19 December 2006, by section 5 of the Social Se- curity Amendment Act 2006 (2006 No 90).
(4) 61CC Granting of emergency benefits during epidemic in New Zealand (2) (1) While a domestic epidemic management notice is in force, and for any period after it expires that the Minister thinks reason- able in the circumstances, the chief executive may, with the written approval of the Minister, cause emergency benefits to be granted to people who would not otherwise be entitled to be granted emergency benefits.
Payments made under a benefit granted under subsection (1) are provisional only; and if the chief executive believes on reasonable grounds that its granting was not appropriate (or that too much was paid under it),— (a) the person granted it is liable to repay the amount paid (or what the chief executive considers to be the amount of the excess); and section 85A(b) applies accordingly.

(b) Subsection (1) overrides every other provision of this Act.
(3) 166 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 61CF Section 61CC: inserted, on 19 December 2006, by section 5 of the Social Se- curity Amendment Act 2006 (2006 No 90).
61CD During epidemic benefits may be granted without normal investigations While a domestic epidemic management notice is in force, and for any period after it expires that the Minister thinks reason- able in the circumstances, a benefit may be granted to a person even if the claim for it has not been investigated, or has not been fully investigated, as required by section 12(1).

Section 61CD: inserted, on 19 December 2006, by section 5 of the Social Se- curity Amendment Act 2006 (2006 No 90).
61CE Overseas epidemics affecting visitors to New Zealand (1) The Minister may, by notice in the Gazette, declare that the ef- fects of an outbreak outside New Zealand of a stated quarantin- able disease are likely to cause hardship to people temporarily in New Zealand by preventing or hindering their prompt return to stated places.
The notice comes into force on its commencement, and expires on the earliest of the following: (a) (b) (c) the day 3 months after its commencement: a day stated in the notice: if the notice does not provide for its expiry, a day stated by the Minister by further notice in the Gazette.

Before or after the notice expires, the Minister can give a new notice in respect of the same disease.
The Minister must not give the notice except on, and after con- sidering, the written recommendation of the chief executive of the Ministry of Health.

In subsection (1), quarantinable disease has the meaning given to it by section 2(1) of the Health Act 1956.

Section 61CE: inserted, on 19 December 2006, by section 5 of the Social Se- curity Amendment Act 2006 (2006 No 90).
(2) (3) (4) (5) 61CF Special assistance for visitors affected by overseas (1) epidemics The Minister may, in respect of any period for which an over- seas epidemic management notice is in force, by notice in the 167 Part 1 s 61D Social Security Act 1964 Reprinted as at 27 July 2012 (b) (c) Gazette establish programmes of special assistance for vis- itors to New Zealand prevented or hindered from returning promptly to places stated in the notice by the outbreak out- side New Zealand of the disease stated in the notice.
The notice must state— (a) the criteria by which it is to be determined which people are given assistance; and any maximum amounts of assistance to be given; and if different amounts of assistance may be given to dif- ferent people, the criteria by which it is to be determined how much assistance people are to be given; and for how long assistance may be given; and (d) (e) any conditions subject which assistance is to be given.
The programme, and the matters stated in the notice establish- ing it, override every other provision of this Act.

Section 61CF: inserted, on 19 December 2006, by section 5 of the Social Se- curity Amendment Act 2006 (2006 No 90).

(2) (3) Lump sum payments after death Heading: substituted, on 28 September 1982, by section 9(1) of the Social Se- curity Amendment Act 1982 (1982 No 16).
61D Interpretation (1) In sections 61DB, 61DC, and 61DD, unless the context other- wise requires,— assessable estate means the estate of a deceased person, in- cluding a deceased child; but does not include— (a) any asset which the chief executive considers is imprac- ticable to realise; or any administration expenses; or any non-assessable assets, if section 61DB or section 61DD applies (b) (c) child includes a still-born child as defined in section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 non-assessable assets, in relation to a deceased person, a spouse or partner, or the parents or any other person who was 168 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 61DA liable in law to maintain a deceased child on the date of death, are— (a) that person’s estate or interest, on the date of death of the deceased, in his or her own principal place of residence, including any estate or interest in the land on which it is erected, and any other buildings or improvements on that land which are used principally for the purposes of that person’s household; and chattels which the person owned or which were in his or her possession pursuant to a hire purchase agreement or conditional sale agreement or an agreement for lease or hire, on the date of death of the deceased, and which are— (i) furniture, appliances, tools, ornaments, or other articles used principally for the purposes of the deceased’s household; or (b) (2) (ii) motor vehicles, caravans, trailers, or boats used principally for family purposes; and (c) any undivided beneficial interest in common in Maori land.
In sections 61DB and 61DD, the annual income of any person shall be that person’s estimated income for the 52-week period commencing on the day following the date of death of the de- ceased in respect of whom the application is made.
Section 61D: replaced, on 1 August 1991, by section 16(1) of the Social Security Amendment Act (No 2) 1991 (1991 No 78) Section 61D(1) assessable estate paragraph (a): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Ad- ministration) Act 1998 (1998 No 96).

Section 61D(1) child: amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 61D(1) non-assessable assets: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
61DA Restrictions on payment of funeral grants Funeral grants shall not be payable under section 61DB or sec- tion 61DC or section 61DD if— (a) clause 64 of Schedule 1 of the Accident Compensation Act 2001 applies in respect of the deceased; or 169 Part 1 s 61DB Social Security Act 1964 Reprinted as at 27 July 2012 (b) (c) (d) a payment under section 74A of the War Pensions Act 1954 is payable in respect of the deceased; or a payment under regulation 45 of the War Pensions Regulations 1956, or an analogous payment, is payable in respect of the deceased; or the deceased person, including a deceased child, was not ordinarily resident in New Zealand on the date of death.
Section 61DA: replaced, on 1 August 1991, by section 16(1) of the Social Se- curity Amendment Act (No 2) 1991 (1991 No 78) Section 61DA(a): replaced, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

Section 61DA(a): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 61DA(b): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
61DB Payment of funeral grants where there is a surviving spouse or partner or children If a person, other than a child, dies and the deceased person is survived by— (a) (b) a spouse or partner; or a child or children whom he or she is liable in law to maintain; or any other dependent child or dependent children (whether dependent on the deceased or any other per- son) aged 16 years or 17 years of whom the deceased person was the parent— (c) the chief executive may, in the chief executive’s discretion, pay a funeral grant not exceeding $1,959.42 to meet the de- ceased person’s reasonable funeral expenses if— (d) those funeral expenses cannot be paid from the aggre- gate of— (i) the deceased’s assessable estate before the pay- ment of any other debts; and the assets of any spouse or partner who survives the deceased, other than non-assessable assets, in excess of the amount in clause 2 of Part 1 of Schedule 31; and (ii) 170 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 61DC (e) the annual income of any spouse or partner who sur- vives the deceased is less than 52 times the appropriate amount in Part 2 of Schedule 31.
Section 61DB: replaced, on 1 August 1991, by section 16(1) of the Social Se- curity Amendment Act (No 2) 1991 (1991 No 78).

Section 61DB heading: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 61DB: amended, on 1 April 2012 (applying, in accordance with section 61H(2) of this Act, only in respect of persons who die on or after that date), by clause 5(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Section 61DB: amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 61DB(a): amended, on 26 April 2005, by section 3 of the Social Secur- ity Amendment Act 2005 (2005 No 21).

Section 61DB(d)(ii): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 61DB(d)(ii): amended, on 1 April 2005, by section 6(a) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Section 61DB(e): amended, on 26 April 2005, by section 3 of the Social Secur- ity Amendment Act 2005 (2005 No 21).

Section 61DB(e): amended, on 1 April 2005, by section 6(b) of the Social Se- curity (Working for Families) Amendment Act 2004 (2004 No 51).
61DC Payment of funeral grants where there is no surviving spouse or partner or children If a person, other than a child, dies and section 61DB does not apply, the chief executive may, in the chief executive’s discre- tion, pay a funeral grant not exceeding $1,959.42 to meet the deceased person’s reasonable funeral expenses if those funeral expenses cannot be paid from the deceased’s assessable estate before the payment of any other debts.
Section 61DC: replaced, on 1 August 1991, by section 16(1) of the Social Se- curity Amendment Act (No 2) 1991 (1991 No 78).

Section 61DC heading: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 61DC: amended, on 1 April 2012 (applying, in accordance with section 61H(2) of this Act, only in respect of persons who die on or after that date), by clause 5(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Section 61DC: amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
171 Part 1 s 61DD Social Security Act 1964 Reprinted as at 27 July 2012 61DD Children’s funeral grants (ii) If a child dies the chief executive may, in the chief executive’s discretion, pay a funeral grant not exceeding $1,959.42 to meet the deceased child’s reasonable funeral expenses if— (a) those funeral expenses cannot be paid from the aggre- gate of— (i) the deceased child’s assessable estate before the payment of any other debts; and the combined assets of the parents, or any other person or persons, who were liable in law to maintain the deceased child on the date of death, other than non-assessable assets, in excess of the amount in clause 2 of Part 1 of Schedule 31; and the combined annual income of the parents, or any other person or persons, who were liable in law to maintain the deceased child on the date of death is less than 52 times the appropriate amount in Part 2 of Schedule 31.
Section 61DD: replaced, on 1 August 1991, by section 16(1) of the Social Se- curity Amendment Act (No 2) 1991 (1991 No 78).

(b) Section 61DD: amended, on 1 April 2012 (applying, in accordance with section 61H(2) of this Act, only in respect of persons who die on or after that date), by clause 5(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Section 61DD: amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 61DD(a)(ii): amended, on 1 April 2005, by section 7(a) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Section 61DD(b): amended, on 1 April 2005, by section 7(b) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
61DE Method of making payments (1) Any payment under section 61DB or section 61DC or section 61DD shall be made, in the chief executive’s discretion,— (a) (b) (c) to the spouse or partner or any child of the deceased; or to the estate of the deceased; or to any person who has paid the deceased’s funeral ex- penses; or to the appropriate funeral director; or (d) 172 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 61DG (2) (e) in the case of a deceased child, to the parent or any other person or persons who were liable in law to maintain that child immediately before the date of death.
If the quantum of the assets of a deceased person’s estate, or the income derived or to be derived by any person whose in- come is to be tested under section 61DB or section 61DD, has not been finally determined, and there is a doubt as to whether any funeral grant is payable under section 61DB or section 61DC or section 61DD, the chief executive, in the chief ex- ecutive’s discretion, may advance any amount payable under those sections on the condition that the whole or any part of it will be repaid if it is subsequently established that there was no entitlement to all or any part of that payment.
Section 61DE: replaced, on 1 August 1991, by section 16(1) of the Social Se- curity Amendment Act (No 2) 1991 (1991 No 78).

Section 61DE(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 61DE(1)(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 61DE(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

61DF Method of making payments [Repealed] Section 61DF: repealed, on 1 August 1991, by section 16(1) of the Social Se- curity Amendment Act (No 2) 1991 (1991 No 78).

61DG Applications for lump sum payments after death [Repealed] Section 61DG: repealed, on 12 December 1985, by section 12 of the Social Security Amendment Act (No 2) 1985 (1985 No 159).
Accommodation supplement Heading: Amendment Act (No 3) 1993 (1993 No 57).

inserted, on 1 July 1993, by section 10(1) of the Social Security 173 Part 1 s 61DH Social Security Act 1964 Reprinted as at 27 July 2012 61DH Purpose of accommodation supplement The purpose of sections 61E to 61EC and Schedule 18 is to provide targeted financial assistance to help certain people with high accommodation costs to meet those costs.
Section 61DH: inserted, on 4 June 2004, by section 8 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
61E Interpretation (1) In this section and sections 61EA, 61EB, and 61EC, and in Schedule 18, unless the context otherwise requires,— accommodation costs, in relation to any person for any given period, means,— (a) in relation to premises rented by the person, the amount payable by the person for rent of the premises, exclud- ing any service costs included in that rent and any ar- rears: [Repealed] in relation to premises that are owned by the person, the total amount of all payments (including essential repairs and maintenance, local authority rates, and house insur- ance premiums, but excluding any service costs and any arrears) that— (i) subject to section 68A, are required to be made under any mortgage security for money advanced under that security to acquire the premises, or to repay advances similarly secured; or the chief executive is satisfied are reasonably re- quired to be made: (ii) in relation to a person who is a boarder or lodger in any premises, 62% of the amount paid for board or lodging (excluding any arrears): provided that, where a person is a joint tenant or owner in common of any premises with another person or other persons living in the premises, that applicant’s accom- modation costs shall be the share of the total accommo- dation costs of the premises that the chief executive is satisfied the person is paying (aa) (b) (c) 174 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 61E beneficiary means any person who is being paid— (a) an unemployment benefit or a sickness
 benefit, a widow’s benefit, a domestic purposes benefit, an in- valid’s benefit, an independent youth benefit, or an emergency benefit; or (b) New Zealand superannuation or a veteran’s pension cash assets— (a) means— (i) money saved with a bank or other institution, money invested with a bank or other institution, or money banked with a bank or other institution: (ii) money invested in securities, bonds, or deben- tures, or advanced on mortgage: (iia) money withdrawn from a KiwiSaver scheme registered under the
 KiwiSaver Act 2006: (iii) money invested in shares in a partnership or limited liability company or other incorporated or unincorporated body; but (b) (ab) does not include any contributions to, or any mem- ber’s interest in, any KiwiSaver scheme that is regis- tered under the KiwiSaver Act 2006; and does not include any specified item or amount of cash assets, or cash assets of a specified kind, that is declared not to be cash assets for the purposes of this Act by regulations made under section 132 deferred payment disposition means a contract under which a person sells or agrees to sell property or provides or agrees to provide services (whether or not possession of the property is given, or the services are provided, before all money payable under the contract has been paid) in consideration of a promise by another person to pay, or to procure the payment of, in the future and in respect of the sale or provision, a sum or sums of money exceeding in aggregate the cash price of the property or services mortgage security includes— (a) a deferred payment disposition; and, in any such case, the balance of the purchase price required to be paid to the vendor of the premises under any such disposition shall, for the purposes of paragraph (b) of the definition 175 Part 1 s 61E Social Security Act 1964 Reprinted as at 27 July 2012 of the term accommodation costs, be treated as money advanced under a mortgage security: (b) money secured over the person’s share or shares in
 any flat owning company within the meaning of Part 7A of the Land Transfer Act 1952: (c) money payable under and secured by a deferred pay- ment licence under the Land Act 1948 (ba) (c) non-beneficiary means a person who is not a beneficiary owner includes a person legally entitled to occupy the premises under— (a) (b) a deferred payment disposition; or a lease, where the occupier is also the lessor as owner or one of the lessors as one of the owners; or a licence to occupy, where the premises are a
 residential unit in a retirement village (as those terms are defined in the Retirement Villages Act 2003); or a licence to occupy under Part 7A of the Land Transfer Act 1952; or a deferred payment licence under the Land Act 1948— (d) and owned has a corresponding meaning premises, in relation to any person, means the place that he or she occupies as a home; and includes, in relation to a person who is a boarder or lodger, any room or other accommodation occupied as a home by that person service costs, in relation to any premises,— (a) means the cost as reasonably determined by the chief executive of any services (for example, electricity supply, gas supply, telephone network connection, or broadband Internet connection) provided to or in connection with the premises for consumption or use by the occupants of the premises; but does not include the cost of water supplied to the premises (b) tenant, in relation to any rented premises, includes a person who pays rent, whether or not he or she is a party to the tenancy agreement or lease of the premises 176 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 61E (b) weekly accommodation costs means the greater of— (a) the total amount of a person’s accommodation costs for a 12-month period divided by 52; or the amount which, at the time of application or any sub- sequent review, the person is required to pay weekly for accommodation costs or may reasonably be required to set aside weekly to pay accommodation costs.
this section; and sections 61EA and 61EC; and Schedule 18.
(2) While a person is not entitled to an accommodation supple- ment under section 80C, the accommodation costs of that per- son shall be considered to be the accommodation costs of that person’s spouse or partner for the purposes of— (a) (b) (c) Subsection (2) is subject to section 61EB (which relates to joint tenants who are married or in a civil union or in a de facto relationship) and to section 80C(1A) (which relates to continuing accommodation supplement for certain benefit ap- plicants).
Section 61E: replaced, on 1 July 1993, by section 10(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

(3) Section 61E(1): amended, on 17 November 2000, by section 7(1) of the Hous- ing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

Section 61E(1) accommodation costs paragraph (a): replaced, on 24 August 2010, by section 14(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 61E(1) accommodation costs paragraph (aa): repealed, on 17 Novem- ber 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

Section 61E(1) accommodation costs paragraph (b): amended, on 24 August 2010, by section 14(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 61E(1) accommodation costs paragraph (b)(i): amended, on 2 October 1994, by section 4 of the Social Security Amendment Act 1994 (1994 No 86).

Section 61E(1) accommodation costs paragraph (b)(ii): amended, on 1 Octo- ber 1998, by section 11 of the Employment Services and Income Support (In- tegrated Administration) Act 1998 (1998 No 96).

Section 61E(1) accommodation costs paragraph (c): amended, on 1 July 1997, by section 2 of the Social Security Amendment Act 1997 (1997 No 21).
Section 61E(1) accommodation costs paragraph (c) proviso: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

177 Part 1 s 61E Social Security Act 1964 Reprinted as at 27 July 2012 Section 61E(1) beneficiary paragraph (a): replaced, on 1 October 1998, by section 42 of the Social Security Amendment Act 1998 (1998 No 19).
Section 61E(1) beneficiary paragraph (a): amended, on 1 July 2001, by section 15(3)(b) of the Social Security Amendment Act 2001 (2001 No 1).

Section 61E(1) beneficiary paragraph (b): replaced, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Section 61E(1) beneficiary paragraph (b): amended, on 15 April 2005, by sec- tion 4(1) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).
Section 61E(1) cash assets: replaced, on 26 September 2002, by section 12 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 61E(1) cash assets paragraph (a)(i): replaced, on 15 April 2005, by section 4(2) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 61E(1) cash assets paragraph (a)(iia): inserted, on 1 December 2006, by section 231 of the KiwiSaver Act 2006 (2006 No 40).
Section 61E(1) cash assets paragraph (ab): inserted, on 1 December 2006, by section 231 of the KiwiSaver Act 2006 (2006 No 40).

deferred payment disposition: replaced, on 1 April 2005, by section 139 of the Credit Contracts and Consumer Finance Act 2003 (2003 No 52).

Section 61E(1) mortgage security paragraph (b): amended, on 1 July 1994, pursuant to section 3 of the Land Transfer Amendment Act 1993 (1993 No 124).
Section 61E(1) owner paragraph (ba): inserted, on 1 July 2005, by section 4(3) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 61E(1) owner paragraph (c): amended, on 1 July 1994, pursuant to section 3 of the Land Transfer Amendment Act 1993 (1993 No 124).

Section 61E(1) service costs: inserted, on 24 August 2010, by section 14(3) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 61E(1) weekly accommodation costs paragraph (b): amended, on 7 July 2010, by section 6 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

Section 61E(2): inserted, on 1 October 1995, by section 29(1) of the Social Security Amendment Act 1996 (1996 No 20).

Section 61E(2): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 61E(3): inserted, on 1 October 1995, by section 29(1) of the Social Security Amendment Act 1996 (1996 No 20).
Section 61E(3): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 61E(3): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
178 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 61EA 61EA Accommodation supplement (1) Subject to the provisions of this Act, the chief executive may grant to an applicant, from such date and for such period as the chief executive determines, an accommodation supplement to assist in meeting the applicant’s accommodation costs.
(2) No person is eligible for an accommodation supplement whose accommodation costs include— (a) payments, required to be made under a mortgage secur- ity to the Housing Corporation of New Zealand or the Crown in right of the Ministry of Maori Development, that in the chief executive’s opinion are required to be made at a concessionary rate; or rent paid in respect of premises (whether owned by the Crown, the company, or any other person) let by or on behalf of the company for occupation by any person as a place of residence.
(b) (2A) In subsection (2), company has the same meaning as in the Housing Restructuring and Tenancy Matters Act 1992.
(3) Notwithstanding anything to the contrary in this Act, a bene- ficiary being paid New Zealand superannuation or a veteran’s pension shall not be entitled to be paid an accommodation sup- plement under this section unless the income of that benefi- ciary or the combined income of that beneficiary and his or her spouse or partner, as the case may be, is less than the ap- propriate amount in Part 2 of Schedule 31.
(4) No person shall be granted an accommodation supplement if that person— (a) is receiving a basic grant or an independent circum- stances grant under the Student Allowances Regula- tions 1998; or (b) would be eligible to receive a basic grant or an in- dependent circumstances grant under the Student Allowances Regulations 1998, but for the level of that person’s income or the level of the income of that person’s parent or parents; or is a resident assessed as requiring care (as defined in section 136) in respect of whom a funder (as defined in that section) is paying some or all of the cost of con- (c) 179 Part 1 s 61EA Social Security Act 1964 Reprinted as at 27 July 2012 (d) (e) tracted care services (as defined in that section) under section 141 or section 142; or is the spouse or partner of a person who is already re- ceiving an accommodation supplement under this sec- tion, except as provided in section 61EB; or has a psychiatric, intellectual, physical, or sensory dis- ability, and— (i) his or her accommodation costs are wholly or partly funded under the New Zealand Public Health and Disability Act 2000; or his or her care (other than care in his or her own home) is funded wholly or partly under the New Zealand Public Health and Disability Act 2000.
Section 61EA: inserted, on 1 July 1993, by section 10(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

(ii) Section 61EA(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 61EA(1): amended, on 1 July 1998, by section 2(3) of the Social Se- curity Amendment Act 1998 (1998 No 19).
Section 61EA(2): replaced, on 17 November 2000, by section 7(1) of the Hous- ing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

Section 61EA(2A): inserted, on 17 November 2000, by section 7(1) of the Hous- ing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

Section 61EA(2A): amended, on 1 July 2006, by section 5(2)(h) of the Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34).
Section 61EA(3): amended, on 26 April 2005, by section 3 of the Social Secur- ity Amendment Act 2005 (2005 No 21).

Section 61EA(3): amended, on 15 April 2005, by section 5 of the Social Secur- ity (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 61EA(3): amended, on 1 April 2005, by section 9(a) of the Social Se- curity (Working for Families) Amendment Act 2004 (2004 No 51).
Section 61EA(3): amended, on 1 April 2005, by section 9(b) of the Social Se- curity (Working for Families) Amendment Act 2004 (2004 No 51).

Section 61EA(3): amended, on 1 April 1994, pursuant to section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Section 61EA(4)(a): amended, on 1 October 1998, pursuant to regulation 49 of the Student Allowances Regulations 1998 (SR 1998/277).
Section 61EA(4)(b): amended, on 1 October 1998, pursuant to regulation 49 of the Student Allowances Regulations 1998 (SR 1998/277).

180 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 61EC Section 61EA(4)(c): replaced, on 1 July 2005, by section 4(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

Section 61EA(4)(d): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 61EA(4)(d): amended, on 1 July 1995, by section 14(1)(a) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 61EA(4)(e): inserted, on 1 July 1995, by section 14(1)(b) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 61EA(4)(e)(i): replaced, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
Section 61EA(4)(e)(ii): replaced, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

61EB Special rules for joint tenants who are married, in civil (1) (2) (3) union, or de facto relationship The rules in subsection (3) apply if— (a) (b) premises are occupied by 2 or more joint tenants; and the joint tenants include 1 or more couples who are mar- ried or in a civil union or in a de facto relationship.
The rules in subsection (3) do not apply to the application of the proviso to the definition of accommodation costs in section 61E.
The rules are— (a) each couple that is married or in a civil union or in a de facto relationship is treated as 1 joint tenant; and the accommodation costs of that 1 joint tenant are the total of the accommodation costs of each of the parties to the marriage or civil union or de facto relationship; and the cash assets and income of that 1 joint tenant are the total of the cash assets and income respectively of each of the parties to the marriage or civil union or de facto relationship.
(b) (c) Section 61EB: replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

61EC Rates of accommodation supplement (1) The rate of accommodation supplement granted under section 61EA shall, in each case, be paid at the appropriate rate spe- cified in Schedule 18.
181 Part 1 s 61EC Social Security Act 1964 Reprinted as at 27 July 2012 (2) For the purposes of Schedule 18,— (a) every $100 of cash assets over $5,400 held by— (i) a person who is married or in a civil union or in a de facto relationship; or a single person who has a dependent child or chil- dren; and (ii) (b) every $100 of cash assets over $2,700 held by any other person— shall be deemed to be $1 a week of income.
(3) Notwithstanding anything to the contrary in this Act, an ac- commodation supplement shall not be paid to any person who has cash assets exceeding— (a) $16,200 in the case of— (i) a person who is married or in a civil union or in a de facto relationship; or a single person who has a dependent child or chil- dren: (ii) (3A) $8,100 in any other case.
(b) If, on or after the date this subsection comes into force, a per- son receives an impairment lump sum under Schedule 1 of the Accident Compensation Act 2001 or a lump sum payment of an independence allowance under Part 13 or Part 4 of Sched- ule 1 of the Accident Insurance Act 1998, then, for the period of 12 months following the receipt of that lump sum payment, the applicable amount in subsection (3) is considered to be in- creased by the amount of that payment.
(4) Notwithstanding the provisions of this section or of section 61EA, the chief executive may, if he or she is satisfied that the applicant or the applicant’s spouse or partner has not realised any assets available for the applicant’s personal use,— (a) (b) refuse to grant an accommodation supplement; or reduce the rate of any accommodation supplement al- ready granted; or terminate any accommodation supplement already granted.
(c) (4A) For the period of 12 months referred to in subsection (3A), subsection (4) does not apply to any lump sum payment re- ferred to in subsection (3A) received by the applicant or the applicant’s spouse or partner.
182 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 61F (5) For the purposes of this section and Schedule 18, the income and assets of a person who is married or in a civil union or in a de facto relationship include the income and assets of that per- son’s spouse or partner, except in the circumstances specified in section 61EA(4)(c).

Section 61EC: inserted, on 1 July 1993, by section 10(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
Section 61EC(2)(a): replaced, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 61EC(2)(a)(i): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 61EC(3)(a): replaced, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 61EC(3)(a)(i): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 61EC(3A): inserted, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

Section 61EC(3A): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 61EC(4): amended, on 26 April 2005, by section 3 of the Social Secur- ity Amendment Act 2005 (2005 No 21).
Section 61EC(4): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 61EC(4A): inserted, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

Section 61EC(4A): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 61EC(5): replaced, on 3 June 1998, by section 4 of the Social Security Amendment Act (No 2) 1998 (1998 No 60).
Section 61EC(5): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 61EC(5): amended, on 26 April 2005, by section 3 of the Social Secur- ity Amendment Act 2005 (2005 No 21).

61F Rates of accommodation benefit [Repealed] Section 61F: repealed, on 1 July 1993, by section 10(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
183 Part 1 s 61FA Social Security Act 1964 Reprinted as at 27 July 2012 61FA Rent rebate entitlement [Repealed] Section 61FA: repealed, on 17 November 2000, by section 7(2) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

61FB Rate of rebate [Repealed] Section 61FB: repealed, on 17 November 2000, by section 7(2) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
61FC Tenure protection allowance [Repealed] Section 61FC: repealed, on 17 November 2000, by section 7(2) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

61FD Rate of tenure protection allowance [Repealed] Section 61FD: repealed, on 17 November 2000, by section 7(2) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
Temporary additional support Heading: replaced, on 1 April 2006, by section 10 of the Social Security (Work- ing for Families) Amendment Act 2004 (2004 No 51).
61G Temporary additional support (1) The purpose of temporary additional support is to provide tem- porary financial assistance within the prescribed limits as a last resort to alleviate the financial hardship of people whose es- sential costs cannot be met from their chargeable income and other resources, while ensuring that people seeking or granted that assistance take reasonable steps to reduce their costs or increase their chargeable incomes.
(a) (2) An applicant is eligible for temporary additional support if— his or her chargeable income is less than his or her es- sential costs; and he or she has cash assets of not more than the prescribed amount; and (b) 184 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 61G (3) (c) he or she meets any prescribed criteria and any other requirements set out in regulations made under section 132AB.
Temporary additional support granted to an applicant in ac- cordance with this section and regulations made under section 132AB must be granted— (a) (b) in the prescribed amount; and for the prescribed period.
(4) Despite subsection (2), temporary additional support must not be granted in respect of the costs of residential care services supplied to a person who has a psychiatric, intellectual, phys- ical, or sensory disability if— (a) (b) the person’s accommodation costs (as that term is de- fined in section 61E(1)) are wholly or partly funded under the New Zealand Public Health and Disability Act 2000; or the person’s care (other than care in his or her own home) is wholly or partly funded under the New Zealand Public Health and Disability Act 2000.
Subsection (6) applies in respect of an applicant for tempor- ary additional support if the chief executive is satisfied, at any time after that applicant has applied for temporary additional support or while he or she is receiving that support, that— (a) the applicant or the applicant’s spouse has arranged, or rearranged, his or her financial affairs in order to qualify for temporary additional support; or the applicant or the applicant’s spouse has failed to take reasonable steps to reduce his or her costs or increase his or her chargeable income; or the applicant or the applicant’s spouse has failed to take all necessary steps to obtain any assistance towards his or her essential costs from any other source from which he or she may be entitled to assistance.
If this subsection applies, the chief executive may— (a) (b) (c) refuse to grant temporary additional support; or grant temporary additional support at a reduced rate; or reduce the rate of temporary additional support already granted; or (b) (c) (5) (6) 185 Part 1 s 61GA Social Security Act 1964 Reprinted as at 27 July 2012 (7) (d) terminate any temporary additional support already granted.
In this section and section 132AB— allowable costs has the meaning prescribed in regulations made under section 132AB; but does not include standard costs applicant includes a recipient of temporary additional support cash assets has the meaning prescribed in regulations made under section 132AB chargeable income has the meaning prescribed in regulations made under section 132AB essential costs means the sum of a person’s allowable costs and standard costs standard costs has the same meaning as in section 132AB(1)(b) tax credit means a credit of tax or amount received under sub- parts MA to MF and MZ of the Income Tax Act 2007 or sub- part KD of the Income Tax Act 2004 or subpart KD of the Income Tax Act 1994.
Section 61G: replaced, on 1 April 2006, by section 10 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Section 61G(7) tax credit: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires other- wise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Childcare assistance Heading: inserted, on 4 October 2004, by section 11(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
61GA Childcare assistance (1) The purpose of childcare assistance is to provide targeted fi- nancial assistance to help certain people meet the costs of childcare.

The principal caregiver of a dependent child is eligible for fi- nancial assistance (childcare assistance) if he or she satisfies any prescribed criteria and any other requirements set out in regulations made under section 132AC.
(2) 186 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 61H (3) Childcare assistance granted to an applicant, in accordance with this section and regulations made under section 132AC, must be granted— (a) (b) Section 61GA: inserted, on 4 October 2004, by section 11(1) of the Social Se- curity (Working for Families) Amendment Act 2004 (2004 No 51).

in the prescribed amount; and for the prescribed period.
Alteration of rates of benefits Heading: inserted, on 16 December 1983, by section 10 of the Social Security Amendment Act 1983 (1983 No 138).
61H Rates of benefits, etc, may be increased by Order in (1) Council The Governor-General may from time to time, by Order in Council,— (a) amend sections 61DB, 61DC, 61DD, 61EC, and 125; and amend section 69C(1)(c); and amend the definitions, in section 3(1), of the terms In- come Test 1, Income Test 2, Income Test 3, and Income Test 4; and amend Schedule 4 of the Social Welfare (Transitional Provisions) Act 1990; and amend Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001; and amend Schedules 3, 16, and 31, and Schedules 4, 6, 9, 17 to 19, 22, 23, 26, 27, and 28— (aa) (b) (c) (ca) (d) by increasing the amount of any benefit, allowance, lump sum payment, subsidy rate, maximum amount of supplements, as- set limit, income limit, income exemption, maximum amount of advance, cash assets test, benefit stand down income test, or annual or weekly income test (but not the rate of diminu- tion of any benefit or allowance) set out in those sections and those schedules, and by decreasing the amount of any average regional rental.
(1A) An Order in Council made under subsection (1) may not in- crease the period of a benefit stand down for a given income.
187 Part 1 s 61H Social Security Act 1964 Reprinted as at 27 July 2012 Every Order in Council made under subsection (1) shall state the date from which it is to have effect (which may be a date before the date on which it was made) and shall apply to bene- fits, allowances, lump sum payments, subsidy rates, maximum amounts of supplements, asset limits, income exemptions, ad- vances, cash assets tests, benefit stand down income test, and annual and weekly income tests payable or applicable in re- spect of the period commencing on the date from which it is to have effect and ending with the day before the date of its revocation by a subsequent Order in Council.
In respect of lump sum payments on death, the Order in Council shall state that it applies in respect of persons who die on or after such date as may be specified in the Order in Council.

Nothing in this subsection shall authorise any payment to be made before the order is made.
Every Order in Council made under this section and laid be- fore the House of Representatives pursuant to the Regulations (Disallowance) Act 1989 shall expire on the close of the period of 12 months commencing with the date on which it was so laid, except so far as it is expressly validated and confirmed by an Act of Parliament passed before that date.
Every such Order in Council which is laid before the House of Representatives pursuant to the Regulations (Disallowance) Act 1989, and which has been revoked by a subsequent Order in Council before the close of 31 December in the calendar year following the calendar year during which it was so laid, shall be deemed to be invalid in respect of the period it pur- ported to have effect except so far as it is expressly validated and confirmed in respect of that period by an Act of Parliament passed before that date.
Every Order in Council made under this section shall have the force of law as if it was enacted by this Act.

The validity of any Order in Council made under this section shall not be affected by reason only of the repeal of an Act of Parliament validating and confirming it.

In this section, subsidy rate means the first percentage figure set out in any particular clause of Part 2 of Schedule 18.

Section 61H: replaced, on 19 March 1990, by section 3(1) of the Social Security Amendment Act 1990 (1990 No 5).
(2) (3) (4) (5) (6) (7) 188 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 61HA Section 61H(1): replaced, on 1 April 1997, by section 30(1) of the Social Se- curity Amendment Act 1996 (1996 No 20).

Section 61H(1): amended, on 4 June 2004, by section 12(b) of the Social Se- curity (Working for Families) Amendment Act 2004 (2004 No 51).

Section 61H(1): amended, on 17 November 2000, by section 7(1) of the Hous- ing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
Section 61H(1): amended, on 1 July 1997, by section 3(1) of the Social Security Amendment Act 1997 (1997 No 21).

Section 61H(1)(aa): inserted, on 1 April 2001, by section 11 of the Social Se- curity Amendment Act 2001 (2001 No 1).

Section 61H(1)(b): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 61H(1)(c): replaced, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 61H(1)(ca): inserted, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 61H(1)(ca): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 61H(1)(d): replaced, on 1 February 1999, by section 74 of the Social Security Amendment Act 1998 (1998 No 19).

Section 61H(1)(d): amended, on 4 June 2004, by section 12(a) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Section 61H(1A): inserted, on 1 April 1997, by section 30(1) of the Social Se- curity Amendment Act 1996 (1996 No 20).
Section 61H(2): amended, on 17 November 2000, by section 7(1) of the Hous- ing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

Section 61H(2): amended, on 1 July 1997, by section 3(2) of the Social Security Amendment Act 1997 (1997 No 21).

Section 61H(2): amended, on 1 April 1997, by section 30(2) of the Social Se- curity Amendment Act 1996 (1996 No 20).

Section 61H(2): amended, on 1 July 1993, by section 12(4) of the Social Se- curity Amendment Act (No 3) 1993 (1993 No 57).
Section 61H(7): inserted, on 1 July 1997, by section 3(3) of the Social Security Amendment Act 1997 (1997 No 21).

61HA Annual CPI adjustment of rates of certain benefits (1) In this section, CPI means the consumers price index-all groups published by Statistics New Zealand.
The rates of benefits set out in Schedules 3, 4, 6, 9, 16, 17, and 26, and in clause 1 of Schedule 22 must be adjusted, by Order in Council, as at 1 April each year so that in each case (2) 189 Part 1 s 61I Social Security Act 1964 Reprinted as at 27 July 2012 (3) the new rate is the rate at that date adjusted by any percentage movement upwards in the CPI between the CPI for the quarter ended with 31 December 1 year before the immediately pre- ceding 31 December and the CPI for the quarter ended with the immediately preceding 31 December.
The adjustments (by any percentage movement upwards in the CPI) required under subsection (2) as at 1 April 2011, 1 April 2012, and 1 April 2013 must, despite subsections (1) and (2), be calculated,— (a) if, and insofar as, they relate to movements during quar- ters that end before 29 April 2010, using index num- bers for those quarters of the consumers price index-all groups published by Statistics New Zealand; and if, and insofar as, they relate to movements during quar- ters that end after 28 April 2010, using index num- bers for those quarters of the consumers price index-all groups excluding cigarettes and other tobacco products published by Statistics New Zealand.
(b) (4) An adjustment under subsection (2) must not reduce the (5) (6) weekly amounts of benefits payable under those schedules.

Every Order in Council made under subsection (2) comes into force or is considered to come into force on 1 April of the cal- endar year in which it is made, and applies to benefits payable on and after that date.

Section 61H(3) to (6) apply to every Order in Council made under subsection (2) as if that order were made under that sec- tion.
Section 61HA: inserted, on 27 September 2010, by section 15 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
61I Areas for accommodation supplement purposes may be altered by Order in Council The Governor-General may by Order in Council, amend the definitions of the terms Area 1, Area 2, and Area 3— (a) by adding to any one of those definitions any urban area, urban zone, or area unit of New Zealand (as those terms are from time to time defined by the Government Statis- tician) that is in Area 4; or (1) 190 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 62 (2) (3) 62 (c) (d) (b) by omitting any urban area, urban zone, or area unit of New Zealand from the definition of Area 2 or Area 3 and adding it to the definition of Area 1; or by omitting any urban area, urban zone, or area unit of New Zealand from the definition of Area 3 and adding it to the definition of Area 2; or by making any adjustments that are required to maintain a part of New Zealand within the same accommodation supplement area as a result of any new or altered defin- ition of any urban area, urban zone, or area unit of New Zealand adopted by the Government Statistician.
The provisions of section 61H(2) to (6) shall apply, with any necessary modifications, to any Order in Council made under subsection (1) as if that order had been made under section 61H(1).

In this section Area 1, Area 2, Area 3, and Area 4 refer to the terms defined in clause 1 of Part 1 of Schedule 18.

Section 61I: inserted, on 1 October 1996, by section 2 of the Social Security Amendment Act (No 5) 1996 (1996 No 155).
Section 61I(1): replaced, on 1 April 2005, by section 13(1) of the Social Secur- ity (Working for Families) Amendment Act 2004 (2004 No 51).

Section 61I(3): inserted, on 1 April 2005, by section 13(2) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Miscellaneous provisions as to monetary benefits Grant of benefit after death of applicant Where any applicant for a benefit dies before the completion of the investigation of his application, the chief executive may, in the chief executive’s discretion, grant the benefit as if the applicant had not died, and in such a case the provisions of sections 61D and 61DA to 61DF shall apply as if the applicant had been in receipt of the benefit at the time of his death.
Section 62 heading: amended, on 7 July 2010, by section 7(1) of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

Section 62: amended, on 7 July 2010, by section 7(2) of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

Section 62: amended, on 7 July 2010, by section 7(3) of the Social Security Amendment Act (No 2) 2010 (2010 No 85).
191 Part 1 s 63 Social Security Act 1964 Reprinted as at 27 July 2012 Section 62: amended, on 1 October 1998, by section 11 of the Employment Ser- vices and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 62: amended, on 12 December 1985, by section 14 of the Social Secur- ity Amendment Act (No 2) 1985 (1985 No 159).
Conjugal status for benefit purposes For the purposes of determining any application for any bene- fit, or of reviewing any benefit already granted, or of determin- ing the rate of any benefit, or of the granting of any payment of a funeral grant under section 61DB or of any welfare pro- gramme approved by the Minister under section 124(1)(d), or of assessing the financial means of any person under section 69FA or Part 4 the chief executive may in the chief executive’s discretion— (a) regard as single any applicant or beneficiary who is mar- ried or in a civil union but is living apart from his or her spouse or partner: regard as husband and wife any man and woman who, not being legally married or in a civil union, have en- tered into a relationship in the nature of marriage— (b) and may determine a date on which they shall be regarded as having commenced to live apart or a date on which they shall be regarded as having entered into such a relationship, as the case may be, and may then in the chief executive’s discretion grant a benefit, refuse to grant a benefit, or terminate, reduce, or increase any benefit already granted, from that date accord- ingly.
Section 63: replaced, on 11 October 1978, by section 17(1) of the Social Secur- ity Amendment Act 1978 (1978 No 58).

Section 63: amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

Section 63: amended, on 1 October 1998, by section 11 of the Employment Ser- vices and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 63: amended, on 17 September 1997, by section 16 of the Social Se- curity Amendment Act (No 4) 1997 (1997 No 63).

Section 63: amended, on 23 June 1987, by section 2(3)(b) of the Social Security Amendment Act 1987 (1987 No 106).

Section 63: amended, on 1 August 1991, by section 17 of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

Section 63(a): replaced, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
63 192 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 64 Section 63(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
63A Provisions relating to children who continue education Where a child aged 18 years or over is not financially inde- pendent and is attending school or a tertiary educational es- tablishment, the chief executive may, in his or her discretion, as if the child had not attained the age of 18 years, grant or continue to pay an orphan’s benefit or an unsupported child’s benefit in respect of the child, or pay any other benefit at the appropriate rate that includes that child as a dependent child of the beneficiary, for such period or periods as the chief execu- tive determines, expiring not later than the pay day immedi- ately after 31 December in the year in which the child attains the age of 18 years.
Section 63A: inserted, on 1 April 1991, by section 23 of the Social Security Amendment Act 1991 (1991 No 1).

Section 63A: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
64 Mode of ascertaining income for benefit purposes (1) Where in relation to the rate of any benefit reference is made in this Act or in any schedule of this Act or in the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pen- sions Act 1954 or in the New Zealand Superannuation and Retirement Income Act 2001 to the annual income of the bene- ficiary or of any other person, that reference shall, unless the context otherwise requires, be deemed to be a reference to the estimated income of the person concerned for the period of 52 weeks commencing on the date on which the benefit, if granted or renewed, as the case may be, will commence.
Except as provided in subsection (3), the estimated annual in- come for the period of 52 weeks specified in subsection (1) shall be deemed to be an amount equal to the income received by the person concerned for a period of 52 weeks ending on such day preceding the date on which the benefit, if granted or renewed, will commence as the chief executive determines.
(2) (2A) Where, in relation to the rate of any benefit or additional benefit, reference is made in this Act or in any schedule of 193 Part 1 s 64 Social Security Act 1964 Reprinted as at 27 July 2012 this Act or in the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or in the New Zealand Superannuation and Retirement Income Act 2001 to the weekly income of a person, such income shall, unless the context otherwise requires, be determined by dividing the person’s total income over the appropriate number of weeks specified in regulations made under this Act (not exceeding 52 weeks) by the number of weeks in that period.
(2B) For the purposes of determining a person’s weekly income under subsection (2A), the chief executive may determine the period or periods to which any income relates, having regard to— (a) the extent to which it was earned in that period or those periods; or the extent to which any other entitlement to it arose in, or in respect of, that period or those periods; or the period or periods for which it was otherwise re- ceived, acquired, paid, provided, or supplied.
(b) (c) From the income computed in accordance with subsection (2) or subsection (2A) there may be deducted any items by which the chief executive is satisfied the income is likely to be re- duced, and there may be added to the income so computed any items by which the chief executive is satisfied the income is likely to be increased, and the amount so ascertained shall be deemed to be the estimated income for the period in respect of which the computation is made.
Compare: 1938 No 7 s 61; 1958 No 46 s 26(1); 1960 No 13 s 16(1) Section 64 heading: amended, on 26 September 2002, by section 13(1) of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 64(1): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 64(1): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 64(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 64(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 64(1): amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
(3) 194 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 66 Section 64(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 64(2): amended, on 11 October 1978, by section 18(1) of the Social Security Amendment Act 1978 (1978 No 58).

Section 64(2A): inserted, on 11 October 1978, by section 18(2) of the Social Security Amendment Act 1978 (1978 No 58).
Section 64(2A): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 64(2A): amended, on 15 April 2003, by section 12(1) of the War Pen- sions Amendment Act 2003 (2003 No 18).

Section 64(2A): amended, on 26 September 2002, by section 13(2)(a) of the So- cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).
Section 64(2A): amended, on 26 September 2002, by section 13(2)(b) of the So- cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 64(2A): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 64(2A): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 64(2A): amended, on 1 July 1996, by section 31(1) of the Social Secur- ity Amendment Act 1996 (1996 No 20).

Section 64(2A): amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Section 64(2B): inserted, on 26 October 2002, by section 13(3) of the Social Se- curity (Personal Development and Employment) Amendment Act 2002 (2002 No 28).
Section 64(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 64(3): amended, on 11 October 1978, by section 18(3) of the Social Security Amendment Act 1978 (1978 No 58).

65 Adjustment of anomalies due to receipt of income subject to income tax [Repealed] Section 65: repealed, on 9 June 1971, by section 3(1) of the Social Security Amendment Act 1971 (1971 No 8).
66 Exemption of income from friendly or like society (1) Notwithstanding anything to the contrary in this Act, where an applicant for New Zealand superannuation, a widow’s benefit, a domestic purposes benefit, an invalid’s benefit, or a sickness 195 Part 1 s 66A Social Security Act 1964 Reprinted as at 27 July 2012 (2) benefit, or the husband or the wife or the partner of any such applicant, is in receipt of a sick benefit from a friendly society or a like benefit from any other source, the chief executive, in computing pursuant to this Act the rate of any such benefit, shall take no account of any income up to, in the aggregate, the amount specified in Schedule 10 received by way of sick benefit from a friendly society or by way of like benefit from any other source.
If any question arises as to whether any income received or receivable is of a like nature to a sick benefit payable by a friendly society, it shall be determined by the chief executive.

Compare: 1961 No 6 s 6(1), (2) Section 66(1): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 66(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
Section 66(1): amended, on 1 July 2001, by section 15(1)(c) of the Social Se- curity Amendment Act 2001 (2001 No 1).

Section 66(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 66(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 66(1): amended, on 1 April 1994, pursuant to section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Section 66(1): amended, on 14 November 1973, by section 10 of the Social Security Amendment Act 1973 (1973 No 34).

Section 66(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
66A Special exemption for severe disablement For the purposes of computing any benefit payable, the chief executive may in the chief executive’s discretion, as an incen- tive to personal effort, disregard all or part of the income of any severely disabled person derived from such effort.

Section 66A: inserted, on 20 October 1972, by section 22 of the Social Security Amendment Act 1972 (1972 No 133).
Section 66A: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

196 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 68 Section 66A: amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
66B Redundancy and retirement payments not to be taken 67 68 into account in determining rates of benefits In computing the income of any person for the purpose of de- termining the rate of any benefit, no account shall be taken of any redundancy payment or retirement payment (as those terms are defined in section 80B(3)) received by that person, except to the extent that the payment may constitute cash as- sets that are required to be taken into account in determin- ing the rate of an accommodation supplement or a rent rebate under section 61F(1A) or section 61FB.
Section 66B: replaced, on 1 January 1994, by section 3(1) of the Social Security Amendment Act 1993 (1993 No 14).

Section 66B: amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Exemption of income from domestic or nursing service [Repealed] Section 67: repealed (with effect on 14 May 1969), on 29 September 1969, by section 5(1) of the Social Security Amendment Act 1969 (1969 No 46).
Exemption of income from former home property Notwithstanding anything to the contrary in this Act, where any person has let his home or sold it on terms providing for the payment of the purchase money or any part thereof by in- stalments or by which the purchase money or any part thereof is secured by mortgage thereon, the chief executive may, in the chief executive’s discretion, in computing the income of that person, set off against the rent or interest derived or received by him in respect of that letting or sale the whole or any part of— (a) any rent payable by him in respect of the tenancy of another home: any interest payable by him or unpaid purchase money owing by him in respect of the purchase of another home: any interest payable by him on money advanced to him for the purchase of another home: (b) (c) 197 Part 1 s 68A Social Security Act 1964 Reprinted as at 27 July 2012 (d) any money payable by him in respect of his board, lodg- ing, or maintenance, whether in a private home or in any public or private institution.
Compare: 1961 No 6 s 7 Section 68: amended, on 1 October 1998, by section 11 of the Employment Ser- vices and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 68: amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 68: amended, on 1 April 1994, by section 5 of the Social Welfare (Tran- sitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
68A Special provisions applying to insurance payments (1) Where a debt insurance payment in relation to a mortgage se- curity is made to a person or to some other person on his or her behalf or for his or her benefit, for the purposes of section 61E (which relates to accommodation costs), the payments re- quired to be made by that person under that mortgage security shall be deemed to be reduced by the amount of the debt in- surance payment.
(2) Where a debt insurance payment or a health or disability in- surance payment is made to a person or to some other person on behalf of or for the benefit of the person or a member of his or her family, for the purposes of section 61G (which relates to temporary additional support) or a special benefit continued under section 23 of the Social Security (Working for Families) Amendment Act 2004, the commitments of the person shall be deemed to be reduced to such an extent, if any, as the chief ex- ecutive considers appropriate having regard to the nature of the payment and those commitments.
(3) Where a health or disability insurance payment is made to a person or to some other person on behalf of or for the benefit of the person or a member of his or her family, for the pur- poses of section 69C (which relates to disability allowances), any additional expenses of the person arising from his or her disability, or expenses arising from the hospitalisation of his or her spouse or partner, as the case may be, shall be deemed to be reduced to such an extent, if any, as the chief executive considers appropriate having regard to the nature of the pay- ment and those additional expenses or expenses.
198 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 68A (4) Where a debt insurance payment or a health or disability in- surance payment is made to a person or to some other person on behalf of or for the benefit of the person or a member of his or her family, for the purposes of any welfare programme approved by the Minister under and for the purposes of sec- tion 124(1)(d), the costs, expenses, and commitments of the person shall be deemed to be reduced to such an extent, if any, as the chief executive considers appropriate having regard to the nature of the payment and those costs, expenses, and com- mitments.
(5) Where an applicant for— (a) (b) a benefit is, or may be, entitled or eligible to receive, or receive the benefit of, an income-related insurance payment; or a benefit of a kind referred to in any of sections 61EA, 61G, 69C, and 124(1)(d), is, or may be, entitled or eli- gible to receive, or receive the benefit of, a debt insur- ance payment or a health or disability insurance pay- ment,— the chief executive may grant a benefit or a rate of benefit sub- ject to the condition that the whole or such part of the benefit as the chief executive may require shall be repaid to the chief executive in the event that the payment is made to the appli- cant or to some other person on behalf of or for the benefit of the applicant or a member of his or her family; and, in any such case, the amount of the benefit or the part thereof shall constitute a charge on the amount payable to the applicant or person and may be recovered as a debt due to the Crown from the applicant or person or the person liable to make the pay- ment.
(6) Where a person has been granted— (a) (b) a benefit, or granted a benefit at a rate, that does not take into account any income-related insurance payment; or a benefit of a kind referred to in any of sections 61EA, 61G, 69C, and 124(1)(d) or a special benefit that con- tinues under section 23 of the Social Security (Working for Families) Amendment Act 2004, or granted such a benefit at a rate, that does not take into account any debt 199 Part 1 s 68A Social Security Act 1964 Reprinted as at 27 July 2012 insurance payment or health or disability insurance pay- ment,— being a payment made to the person or to some other person on behalf of or for the benefit of the person or a member of his or her family and that relates to a contingency that occurred before or during the period in which the benefit is payable, the chief executive may suspend, terminate, or vary the rate of the benefit from such date as the chief executive determines.
For the purposes of this Act, the amount of any income-re- lated insurance payment or any debt insurance payment or any health or disability insurance payment shall, to the extent the chief executive so determines, be reduced by the amount of any costs incurred by an applicant for a benefit or a benefi- ciary in obtaining receipt of that payment.
For the purposes of this section,— benefit includes the granting of special assistance under any welfare programme approved under section 124(1)(d) debt insurance payment, in relation to any person, includes any payment made or provided on the occurrence of a con- tingency under a contract of insurance or by reason of the person’s membership of any society, organisation, or body whether corporate or unincorporate— (a) for the purpose of enabling the person to make pay- ments that he or she is liable to make on account of any debt or liability; and that is not for any reason treated as being the income of the person under this Act.
(b) Section 68A: inserted, on 2 October 1994, by section 6 of the Social Security Amendment Act 1994 (1994 No 86).

Section 68A(2): amended, on 1 April 2006, by section 21 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Section 68A(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 68A(3): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 68A(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 68A(3): amended, on 17 September 1997, by section 17(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
(7) (8) 200 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 69 Section 68A(4): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 68A(5): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 68A(6): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 68A(6)(b): amended, on 1 April 2006, by section 21 of the Social Se- curity (Working for Families) Amendment Act 2004 (2004 No 51).

Section 68A(7): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 68A(8): replaced, on 17 September 1997, by section 17(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
69 Power to increase rates of benefits payable to parents of deceased members of the forces or mercantile marine (1) Notwithstanding anything to the contrary in this Act, the chief executive may, in the chief executive’s discretion, increase by an amount not exceeding the amount specified in Schedule 12 the rate of any benefit payable to any beneficiary where the chief executive is satisfied that he or she was one of the parents of— (a) a deceased member of any of Her Majesty’s forces es- tablished in New Zealand whose death was attributable to his service as a member of any such force: a deceased member of the New Zealand mercantile mar- ine whose death was directly attributable to the Second World War: a deceased member of any forces established in any Commonwealth country (other than New Zealand) who was domiciled in New Zealand at the commencement of any war in which Her Majesty’s forces established in New Zealand were engaged and whose death was at- tributable to his service as a member of those first-men- tioned forces: a deceased member of the mercantile marine of any Commonwealth country (other than New Zealand) who was domiciled in New Zealand at the commencement (b) (c) (d) 201 Part 1 s 69A Social Security Act 1964 Reprinted as at 27 July 2012 (2) of the Second World War and whose death was directly attributable to that war.
For the purposes of this section, a beneficiary shall be deemed to have been one of the parents of any such deceased member if he was at the death of the member a parent or step-parent or adoptive parent of the member, or if in any other case the member was maintained by the beneficiary or by the spouse or partner of the beneficiary and the chief executive is satisfied that the beneficiary should be regarded as being a parent of that member.
Compare: 1949 No 38 s 21 Section 69(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 69(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 69(2): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 69(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

69A Telephone-service-rental allowance [Repealed] Section 69A: repealed, on 1 April 1991, by section 24(1) of the Social Security Amendment Act 1991 (1991 No 1).

69B Television-licence-fee concessions [Repealed] Section 69B: repealed, on 1 October 1982, by section 10(1) of the Social Se- curity Amendment Act 1982 (1982 No 16).
69C Disability allowance (1) Subject to subsections (2) to (4), the chief executive may, in the chief executive’s discretion, grant a disability allowance at a rate not exceeding the amount specified in Schedule 19, to or on account of— (a) any person who is in receipt of an invalid’s benefit, a widow’s benefit, a domestic purposes benefit, an un- employment benefit or a sickness benefit, or an inde- 202 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 69C pendent youth benefit, or a related emergency benefit payable under section 61; or [Repealed] any person whose income, including the income of the person’s spouse or partner and any New Zealand super- annuation or veteran’s pension payable to the person or the person’s spouse or partner, is less than the appropri- ate amount in Part 3 of Schedule 31; or the dependent spouse or partner or dependent child of any person referred to in paragraphs (a) to (c).
(b) (c) (d) (2) A disability allowance is not payable to or on account of any such person unless the chief executive is satisfied that the dis- ability of the person— (a) (b) is likely to continue for not less than 6 months; and has resulted in a reduction of the person’s independent function to the extent that the person requires— (i) ongoing support to undertake the normal func- tions of life; or ongoing supervision or treatment by a health practitioner.
(ii) (2A) A disability allowance is not payable to or on account of any person except to the extent that— (a) the person has additional expenses of an ongoing kind arising from the person’s disability (subject to section 68A); and the assistance towards those expenses available under this Act or any other enactment is insufficient to meet them.
(2B) A disability allowance is not payable under this section in re- expenses arising from the disability of a person who is a resident assessed as requiring care (as defined in section 136) in respect of whom a funder (as defined in that section) is paying some or all of the cost of contracted care services (as defined in that section) under section 141 or section 142; or expenses arising from the disability of a person that are costs of residential care services supplied to the person if— 203 spect of— (a) (b) (b) Part 1 s 69C Social Security Act 1964 Reprinted as at 27 July 2012 (i) (ii) the person has a psychiatric, intellectual, phys- ical, or sensory disability; and the person’s accommodation costs (as defined in section 61E) or care (other than care in his or her own home) is wholly or partly funded under the New Zealand Public Health and Disability Act 2000.
(2C) For the avoidance of doubt, nothing in paragraph (b) of sub- section (2B) prevents the payment of a disability allowance to a person to whom that paragraph applies for expenses that are not costs of residential care services supplied to that person.
Before a disability allowance is granted under this section, the chief executive may require the applicant, or the spouse or partner or child of the applicant, as the case may require, to be examined by a medical practitioner nominated by the chief executive for the purpose.
(3) (4) Despite anything to the contrary in this section, the chief ex- ecutive may, in the chief executive’s discretion, refuse to grant a disability allowance or may terminate a disability allowance already granted or may grant a disability allowance at a re- duced rate, if the applicant is in receipt of a war disablement pension under the War Pensions Act 1954, or an entitlement under the Compensation Act 2001, or an overseas pension or periodical allowance which the chief executive deems to be analogous to such war disablement pension or entitlement, in respect of a disability which gives rise to an application for a disability allowance under this section.
(5) Notwithstanding anything in this section but subject to section 68A, if— (a) a person who is married or in a civil union or in a de facto relationship (the recipient) is in receipt of New Zealand superannuation or a veteran’s pension, or of an invalid’s benefit, or an unemployment benefit or a sickness benefit, or a related emergency benefit; and the recipient’s spouse or partner is either— (i) a patient in a hospital (as defined in section 75(1)) who is in receipt of a reduced benefit under sec- tion 75(3) or (4); or (b) 204 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 69C (ii) a resident assessed as requiring care (as defined in section 136), and in respect of whom a funder (as defined in that section) is paying some or all of the cost of contracted care services (as defined in that section) under section 141 or 142,— [Repealed] (c) the chief executive shall grant a special disability allowance at the rate specified in Schedule 19 to the recipient for the purpose of defraying expenses arising from the hospitalisation of the spouse or partner.
(6) Despite subsection (2)(a), the chief executive may grant a dis- ability allowance under this section to any person who would otherwise qualify for it and— (a) (b) whose life expectancy is less than 6 months; or it is not possible to determine whether the disability is likely to continue for not less than 6 months but that is a reasonably possible prognosis.
is likely to last for 6 months or more; or has continued for 6 months or more,— (7) Where any person, whose application for a disability allow- ance has been declined only on the grounds that the disability is likely to last less than 6 months, subsequently shows to the satisfaction of the chief executive that the disability in respect of which that application was made— (a) (b) and that the person would otherwise have been entitled to re- ceive a disability allowance since the date of the original ap- plication, the chief executive must grant a disability allowance to that person commencing on the date of the original applica- tion.
In this section,— disability has the meaning ascribed to it by section 21(1)(h) of the Human Rights Act 1993 health practitioner— (a) (8) has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003; and includes— (i) a former health practitioner within the meaning of that section; and (b) 205 Part 1 s 69C Social Security Act 1964 Reprinted as at 27 July 2012 (ii) a person who is receiving training or gaining ex- perience under the supervision of a health practi- tioner.
Section 69C: inserted, on 10 October 1975, by section 12(1) of the Social Se- curity Amendment Act 1975 (1975 No 123).

Section 69C(1): replaced (with effect on 6 November 1985), on 12 December 1985, by section 15(1) of the Social Security Amendment Act (No 2) 1985 (1985 No 159).

Section 69C(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 69C(1)(a): amended, on 15 April 2005, by section 6(1) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 69C(1)(a): amended, on 1 July 2001, by section 15(3)(c) of the Social Security Amendment Act 2001 (2001 No 1).

Section 69C(1)(a): amended, on 1 October 1998, by section 44(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 69C(1)(b): repealed, on 1 April 1990, by section 14(9) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Section 69C(1)(c): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 69C(1)(c): amended, on 1 April 2005, by section 14 of the Social Se- curity (Working for Families) Amendment Act 2004 (2004 No 51).
Section 69C(1)(c): amended, on 1 July 1995, by section 18(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 69C(1)(d): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 69C(2): replaced, on 1 July 1995, by section 18(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 69C(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 69C(2)(b)(ii): replaced, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 69C(2A): inserted, on 1 July 1995, by section 18(2) of the Social Se- curity Amendment Act (No 4) 1997 (1997 No 63).
Section 69C(2B): replaced, on 22 November 2006, by section 4(1) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

Section 69C(2C): inserted, on 22 November 2006, by section 4(1) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

Section 69C(3): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 69C(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

206 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 69C Section 69C(4): replaced, on 1 July 1999, by section 415(1) of the Accident Insurance Act 1998 (1998 No 114).

Section 69C(4): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).
Section 69C(4): amended, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

Section 69C(5): inserted, on 28 September 1982, by section 11(2) of the Social Security Amendment Act 1982 (1982 No 16).

Section 69C(5): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 69C(5): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 69C(5): amended, on 2 October 1994, by section 7(2) of the Social Security Amendment Act 1994 (1994 No 86).

Section 69C(5): amended (with effect on 6 November 1985), on 12 December 1985, by section 15(2) of the Social Security Amendment Act (No 2) 1985 (1985 No 159).

Section 69C(5)(a): replaced, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Section 69C(5)(a): amended, on 1 April 2007, by section 5 of the Social Secur- ity Amendment Act 2005 (2005 No 21).

Section 69C(5)(a): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 69C(5)(a): amended, on 15 April 2005, by section 6(2) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 69C(5)(a): amended, on 1 July 2001, by section 15(3)(c) of the Social Security Amendment Act 2001 (2001 No 1).
Section 69C(5)(a): amended, on 1 October 1998, by section 44(2) of the Social Security Amendment Act 1998 (1998 No 19).

Section 69C(5)(b): replaced, on 7 July 2010, by section 8 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

Section 69C(5)(c): repealed, on 7 July 2010, by section 8 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

Section 69C(6): inserted, on 1 July 1995, by section 18(3) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 69C(6): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 69C(7): inserted, on 1 July 1995, by section 18(3) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 69C(7): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
207 Part 1 s 69D Social Security Act 1964 Reprinted as at 27 July 2012 Section 69C(8): inserted, on 1 July 1995, by section 18(3) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 69C(8) health practitioner: inserted, on 18 September 2004, by sec- tion 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 69C(8) registered health professional: repealed, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

69D Transition to work allowance [Repealed] Section 69D: repealed, on 1 July 1996, by section 32(1) of the Social Security Amendment Act 1996 (1996 No 20).

69E Interpretation [Repealed] Section 69E: repealed, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
69F Financial means assessments [Repealed] Section 69F: repealed, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
69FA Financial means assessments for home-based disability support services In this section and in Schedule 30,— cash assets has the same meaning as in section 61E; but does not include any assets or any amount of cash assets excluded by regulations made under section 132D health practitioner— (a) has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003; and includes— (i) (b) a former health practitioner within the meaning of that section; and a person who is receiving training or gaining ex- perience under the supervision of a health practi- tioner (ii) (1) 208 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 69FA home-based disability support services means disability ser- vices supplied to a person, being services in relation to the per- son’s domestic affairs (other than medical services, personal care services, attendant care services, and relief care services) that support and allow the person to remain in his or her home and are of a kind that are funded under the New Zealand Public Health and Disability Act 2000 income has the same meaning as in section 3(1); but in- cludes— (a) any benefit or allowance received under or pursuant to— (i) this Act or the Social Welfare (Transitional the New Zealand Provisions) Act 1990 or Superannuation and Retirement Income Act 2001; or the War Pensions Act 1954 (other than a war dis- ability pension); and (ii) (b) the gross amount of any payment received in consider- ation of providing board and lodgings to any person in excess of 2— but does not include any amount specified in regulations made under section 132D medical services means services supplied to a person by a health practitioner relating to the treatment or relief of the per- son’s disability condition or the rehabilitation of the person from that condition.
This section applies to any person who has been assessed by a district health board as requiring home-based disability sup- port services and who— is not a child; and (a) is not entitled to be the holder of a community services (b) card issued pursuant to the Health Entitlement Cards Regulations 1993 (SR 1993/169).
The chief executive may, from time to time, on application by or on behalf of any person to whom this section applies, assess in accordance with Schedule 30 the weekly amount that person is required to pay toward the cost of the home-based disability support services supplied to that person, and that person is (2) (3) 209 Part 1 s 69FA Social Security Act 1964 Reprinted as at 27 July 2012 required to pay the amount so assessed in accordance with the assessment.
For the purposes of Schedule 30,— (a) the following is to be treated as $1 per week of income: every $100 of cash assets over $5,400 held by a (i) person who is married or in a civil union or in a de facto relationship: every $100 of cash assets over $5,400 held by a single person who has a dependent child or chil- dren: every $100 of cash assets over $2,700 held by any other person; and (iii) (ii) (b) the income of a person who is married or in a civil union or in a de facto relationship includes the income of his or her spouse or partner.
In any case where the chief executive is satisfied that a person to whom this section applies, or that person’s spouse or partner, has not realised any assets available for that person’s personal use, the chief executive may treat any such assets as being cash assets for the purposes of subsection (4).
Every assessment made by the chief executive under subsec- tion (3) must state— (a) (b) the date of the assessment; and the amount that the person has been assessed as being required to pay toward the cost of the home-based dis- ability support services supplied to that person— and the chief executive must supply a copy of that assessment to that person, and may supply the details specified in para- graphs (a) and (b) to the applicable district health board.
The chief executive must from time to time review any assess- ment under this section, and may revise that assessment if— the chief executive is satisfied the assessment is in error; (a) or the person to whom the assessment relates or his or her spouse or partner fails to provide any relevant informa- tion requested or to answer any relevant question; or after reviewing the assessment, the chief executive is satisfied that, owing to a change in circumstances of that person or his or her spouse or partner, the assessment is (b) (c) (4) (5) (6) (7) 210 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 69FA (8) (9) no longer an accurate reflection of that person’s abil- ity to pay for his or her home-based disability support services, to take effect from such date as the chief ex- ecutive determines, being a date on or after the date on which the change may reasonably be held to have oc- curred.
In any case where the chief executive is satisfied that any per- son— (a) who has applied for an assessment under this section; or (b) whose ability to pay for home-based disability support services has been assessed under this section— or that person’s spouse or partner has directly or indirectly deprived himself or herself of any income or assets, the chief executive, in the chief executive’s discretion, may assess or, as the case may be, revise the assessment of the person’s ability to pay for that person’s home-based disability support services as if that deprivation had not occurred.
Every person whose ability to pay for home-based disabil- ity support services has been assessed under this section must forthwith advise the department of any change in the circum- stances of that person or his or her spouse or partner that affects that person’s ability to pay for his or her home-based disability support services.

Section 69FA: inserted, on 17 September 1997, by section 19 of the Social Se- curity Amendment Act (No 4) 1997 (1997 No 63).
Section 69FA(1) health practitioner: inserted, on 18 September 2004, by sec- tion 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 69FA(1) home-based disability support services: amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 69FA(1) income paragraph (a)(i): amended, on 21 April 2005, by sec- tion 9(1) of the New Zealand Superannuation and Retirement Income Amend- ment Act 2005 (2005 No 42).
Section 69FA(1) income paragraph (a)(i): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 69FA(1) medical services: replaced, on 18 September 2004, by sec- tion 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 69FA(2): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
211 Part 1 s 69FA Social Security Act 1964 Reprinted as at 27 July 2012 Section 69FA(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 69FA(4): replaced, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 69FA(4)(a)(i): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 69FA(4)(b): amended, on 1 April 2007, by section 5 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 69FA(5): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 69FA(5): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 69FA(6): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 69FA(6): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 69FA(7): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 69FA(7)(a): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 69FA(7)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 69FA(7)(c): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 69FA(7)(c): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 69FA(8): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 69FA(8): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 69FA(9): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Overseas pensions Heading: Amendment Act (No 6) 1996 (1996 No 157).
inserted, on 2 October 1996, by section 3 of the Social Security 212 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 69G 69G Reasonable steps to be taken to obtain overseas pension (1) Every applicant for a benefit under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or under Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001 shall provide to the chief executive information establishing, to the satisfaction of the chief executive,— (a) that the applicant and the spouse or partner of the appli- cant have taken all reasonable steps to obtain any over- seas pension to which either or both of them may be en- titled or that may be granted to either or both of them; and that the applicant has taken all reasonable steps to obtain any overseas pension to which any dependant of the applicant may be entitled or that may be granted to any dependant of the applicant.
The chief executive may give to— (a) (b) (2) an applicant for a benefit under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or under Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001; or a beneficiary under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or under Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001; or the spouse or partner of an applicant for a benefit under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or under Part 6 of the War the New Zealand Pensions Act 1954 or under Superannuation and Retirement Income Act 2001; or the spouse or partner of a beneficiary under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or under Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001— (b) (c) (d) a written notice requiring that person to take all reasonable steps, within a period specified by the chief executive, to ob- 213 Part 1 s 69G Social Security Act 1964 Reprinted as at 27 July 2012 (3) tain any overseas pension to which that person may be entitled or that may be granted to that person.
The chief executive may give to— (a) an applicant for a benefit under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or under Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001; or a beneficiary under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or under Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001— (b) a written notice requiring that person to take all reasonable steps, within a period specified by the chief executive, to ob- tain any overseas pension to which any dependant of that per- son may be entitled or that may be granted to any dependant of that person.
(4) Where a person does not comply with a notice given by the chief executive under subsection (2) or subsection (3), the chief executive may— (a) (b) refuse to grant the benefit applied for by the applicant: suspend, from such date as the chief executive de- termines, the benefit granted to the beneficiary until either— (i) the beneficiary provides information establish- ing, to the satisfaction of the chief executive, that the beneficiary and the spouse or partner of the beneficiary have taken all reasonable steps to ob- tain any overseas pension to which either or both of them may be entitled or that may be granted to either or both of them or, as the case requires, that the beneficiary has taken all reasonable steps to obtain any overseas pension to which any de- pendant of the beneficiary may be entitled or that may be granted to any dependant of the benefi- ciary; or the benefit is terminated under subsection (5),— (ii) whichever occurs first.
214 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 69G (5) Where a benefit has been suspended under subsection (4), the chief executive may, not less than 40 working days after the suspension, terminate the benefit from such date as the chief executive determines.

Section 69G: inserted, on 2 October 1996, by section 3 of the Social Security Amendment Act (No 6) 1996 (1996 No 157).
Section 69G(1): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 69G(1): amended, on 15 April 2003, by section 12(1) of the War Pen- sions Amendment Act 2003 (2003 No 18).

Section 69G(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
Section 69G(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 69G(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 69G(1)(a): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).
Section 69G(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 69G(2)(a): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 69G(2)(a): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 69G(2)(a): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 69G(2)(a): amended, on 1 July 1998, by section 2(3) of the Social Se- curity Amendment Act 1998 (1998 No 19).

Section 69G(2)(b): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 69G(2)(b): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 69G(2)(b): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 69G(2)(b): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 69G(2)(c): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).
Section 69G(2)(c): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

215 Part 1 s 69G Social Security Act 1964 Reprinted as at 27 July 2012 Section 69G(2)(c): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 69G(2)(c): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
Section 69G(2)(c): amended, on 1 July 1998, by section 2(3) of the Social Se- curity Amendment Act 1998 (1998 No 19).

Section 69G(2)(d): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 69G(2)(d): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 69G(2)(d): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 69G(2)(d): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 69G(2)(d): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 69G(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 69G(3)(a): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 69G(3)(a): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 69G(3)(a): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
Section 69G(3)(a): amended, on 1 July 1998, by section 2(3) of the Social Se- curity Amendment Act 1998 (1998 No 19).

Section 69G(3)(b): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 69G(3)(b): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 69G(3)(b): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 69G(3)(b): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 69G(4): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 69G(4)(b): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

216 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 69H Section 69G(4)(b)(i): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 69G(4)(b)(i): amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 69G(5): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
69H Information on rate of overseas pension to be provided (1) Every applicant for a benefit under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001 shall provide to the chief executive information establishing, to the satisfaction of the chief executive, the rate of any overseas pension granted to any of the following persons: (a) (b) (c) the applicant: the applicant’s spouse or partner: any dependant of the applicant.
(3) (2) Where an applicant does not comply with subsection (1) within 10 working days after applying for the benefit, the chief executive may refuse to grant the benefit applied for.
Every beneficiary under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pen- sions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001 shall provide to the chief execu- tive, as requested from time to time in a written notice given to that person by the chief executive, information establishing, to the satisfaction of the chief executive, the rate of any overseas pension granted to any of the following persons: (a) (b) (c) the beneficiary: the beneficiary’s spouse or partner: any dependant of the beneficiary.
(4) Where a beneficiary does not comply with subsection (3) within 10 working days after the notice has been given, the chief executive may suspend, from such date as the chief executive determines, the benefit granted to the beneficiary until either— 217 Part 1 s 69H Social Security Act 1964 Reprinted as at 27 July 2012 (a) the beneficiary provides information establishing, to the satisfaction of the chief executive, the rate of any over- seas pension granted to the beneficiary or the benefi- ciary’s spouse or partner or any dependant of the bene- ficiary; or the benefit is terminated under subsection (5),— (b) whichever occurs first.
(5) Where a benefit has been suspended under subsection (4), the chief executive may, not less than 40 working days after the suspension, terminate the benefit from such date as the chief executive determines.

In this section, the term rate, in relation to an overseas pen- sion, means the rate of that pension in the currency of the coun- try paying that pension.

Sections 69H: inserted, on 2 October 1996, by section 3 of the Social Security Amendment Act (No 6) 1996 (1996 No 157).
(6) Sections 69H(1): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Sections 69H(1): amended, on 15 April 2003, by section 12(1) of the War Pen- sions Amendment Act 2003 (2003 No 18).

Section 69H(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
Section 69H(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Sections 69H(1): amended, on 1 July 1998, by section 2(3) of the Social Secur- ity Amendment Act 1998 (1998 No 19).

Sections 69H(1)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 69H(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Sections 69H(3): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Sections 69H(3): amended, on 15 April 2003, by section 12(1) of the War Pen- sions Amendment Act 2003 (2003 No 18).
Section 69H(3): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 69H(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

218 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 70 Sections 69H(3): amended, on 1 July 1998, by section 2(3) of the Social Secur- ity Amendment Act 1998 (1998 No 19).
Section 69H(3)(b): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 69H(4): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 69H(4)(a): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).
Section 69H(4)(a): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 69H(5): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
69I Duty of chief executive to assist It is the duty of the chief executive to take all reasonable steps to assist any person to comply with any obligation imposed on that person by or under section 69G(1) to (3) or section 69H(1) or (3).

Section 69I: inserted, on 2 October 1996, by section 3 of the Social Security Amendment Act (No 6) 1996 (1996 No 157).
Section 69I heading: amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 69I: amended, on 1 October 1998, by section 11 of the Employment Ser- vices and Income Support (Integrated Administration) Act 1998 (1998 No 96).
70 (1) Rate of benefits if overseas pension payable For the purposes of this Act, if— (a) any person qualified to receive a benefit under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001 is entitled to receive or receives, in re- spect of that person or of that person’s spouse or partner or of that person’s dependants, or if that person’s spouse or partner or any of that person’s dependants is entitled to receive or receives, a benefit, pension, or periodical allowance granted elsewhere than in New Zealand; and 219 Part 1 s 70 Social Security Act 1964 Reprinted as at 27 July 2012 (b) the benefit, pension, or periodical allowance, or any part of it, is in the nature of a payment which, in the opinion of the chief executive, forms part of a programme pro- viding benefits, pensions, or periodical allowances for any of the contingencies for which benefits, pensions, or allowances may be paid under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or under the New Zealand Superannuation and Retirement Income Act 2001 or under the War Pensions Act 1954 which is administered by or on behalf of the Govern- ment of the country from which the benefit, pension, or periodical allowance is received— the rate of the benefit or benefits that would otherwise be payable under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pen-
 sions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001 shall, subject to subsection (3), be reduced by the amount of such overseas benefit, pension, or periodical allowance, or part thereof, as the case may be, being an amount determined by the chief executive in accordance with regulations made under this Act: provided that if the chief executive determines that the over- seas benefit, pension, or periodical allowance, or any part of it, is in the nature of, and is paid for
 similar purposes as,— (a) compensation for injury or death for which payment could be made under the Accident Compensation Act 2001 if the injury or death had occurred in New Zealand after the commencement of that Act; or a war pension or allowance granted under the War Pensions Act 1954 of a type which would not affect any recipient’s entitlement to a benefit in accordance with section 72 unless the pension or allowance is a pension or payment granted under Part 6 of the War Pensions Act 1954; or (c) a disability allowance granted under this Act— such overseas benefit, pension, or periodical allowance, or part of it, as the case may be, shall be treated as if it were in fact such compensation, war pension or allowance, or disability allowance.
(b) 220 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 70 (1A) Subsection (1) does not apply to New Zealand superannuation payable overseas under section 26 of the New Zealand Super- annuation and Retirement Income Act 2001.

(1B) Subsection (1) does not apply to a veteran’s pension payable overseas under section 74J of the War Pensions Act 1954.
(3) (2) Nothing in subsection (1) shall preclude the chief executive from deciding the date on which the chief executive’s deter- mination under paragraph (b) of, or the proviso to, the said subsection (1) shall take effect, which date may be a date be- fore, on, or after the date of such determination.
In any case where paragraph (a) and paragraph (b) of subsec- tion (1) apply and the proviso to subsection (1) does not apply, the chief executive may— (a) make an arrangement with an overseas pensioner, in accordance with any regulations made under section 132C, to pay to the overseas pensioner the rate of the benefit or benefits that is payable under this Act or the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001 and to receive from the overseas pensioner an amount equivalent to the amount of the overseas pen- sion that the overseas pensioner receives, if— (i) (ii) (iii) the overseas pensioner agrees to make such an arrangement; and the overseas pensioner has not previously made such an arrangement and voluntarily terminated it; and the chief executive has not previously ceased to make payments under paragraph (b) because of the overseas pensioner’s failure to comply with such an arrangement; and (b) pay to the overseas pensioner, in accordance with an arrangement made under paragraph (a), the rate of the benefit or benefits that is payable under this Act or the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001, if the chief executive receives from the over- 221 Part 1 s 70 Social Security Act 1964 Reprinted as at 27 July 2012 seas pensioner, in accordance with the arrangement, an amount equivalent to the amount of the overseas pen- sion that the overseas pensioner receives.
(3A) The chief executive may from time to time, on behalf of the Crown, enter into contracts with 1 or more registered banks for the purpose of implementing arrangements under subsection (3)(a).
(3B) No money in a bank account maintained, in accordance with regulations made under section 132C, to implement an ar- rangement under subsection (3)(a) can— (a) be attached or taken in execution under any order or process of any court: be made the subject of any set-off, charge, or assign- ment: be claimed or deducted under any notice or other in- strument issued under any enactment (other than under regulations made under section 132C).
(b) (c) (3C) (4) If the benefit referred to in an arrangement made under subsec- tion (3)(a) is New Zealand superannuation, the chief executive must pay any amount received from the overseas pensioner under the arrangement into the New Zealand Superannuation Fund established under the New Zealand Superannuation and Retirement Income Act 2001, in accordance with arrange- ments made from time to time by the chief executive with the Guardians of New Zealand Superannuation.
For the purposes of this Act and section CW 28 of the Income Tax Act 2007, a payment under subsection (3)(b) shall, in re- spect of the period to which the payment relates, be deemed to be payment of— (a) the benefit or benefits that are payable to that overseas pensioner in that period under this Act or the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001, at the rate at which that benefit or those benefits are so payable but reduced in accordance with subsection (1); and the amount of the overseas pension that that overseas pensioner is entitled to receive or has received in that period.
(b) 222 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 70 (5) Subsections (3) and (4) shall come into force on a date to be appointed by the Governor-General by Order in Council.

Section 70: replaced, on 10 October 1975, by section 13(1) of the Social Secur- ity Amendment Act 1975 (1975 No 123).

Section 70(1): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 70(1): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 70(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 70(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 70(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 70(1): amended, on 2 October 1996, by section 4(1) of the Social Se- curity Amendment Act (No 6) 1996 (1996 No 157).

Section 70(1): amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Section 70(1)(a): replaced, on 12 December 1985, by section 16(1) of the Social Security Amendment Act (No 2) 1985 (1985 No 159).
Section 70(1)(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 70(1)(a): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 70(1)(a): amended, on 15 April 2003, by section 12(1) of the War Pen- sions Amendment Act 2003 (2003 No 18).
Section 70(1)(a): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 70(1)(a): amended, on 1 July 1998, by section 2(3) of the Social Secur- ity Amendment Act 1998 (1998 No 19).

Section 70(1)(a): amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Section 70(1)(b): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 70(1)(b): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 70(1)(b): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 70(1)(b): amended, on 1 July 1998, by section 2(3) of the Social Secur- ity Amendment Act 1998 (1998 No 19).

223 Part 1 s 70 Social Security Act 1964 Reprinted as at 27 July 2012 Section 70(1)(b): amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Section 70(1) proviso: replaced, on 12 December 1985, by section 16(2) of the Social Security Amendment Act (No 2) 1985 (1985 No 159).
Section 70(1) proviso: amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 70(1) proviso paragraph (a): replaced, on 1 July 1999, by section 415(1) of the Accident Insurance Act 1998 (1998 No 114).

Section 70(1) proviso paragraph (a): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).
Section 70(1) proviso paragraph (a): amended, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

Section 70(1) proviso paragraph (b): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 70(1) proviso paragraph (c): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 70(1A): inserted, on 5 January 2010, by section 9 of the New Zealand Superannuation and Retirement Income Amendment Act 2009 (2009 No 40).

Section 70(1B): inserted, on 5 January 2010, by section 8 of the War Pensions Amendment Act 2009 (2009 No 41).

Section 70(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 70(3): brought into force, on 7 November 1996, by the Social Security (Alternative Arrangement for Overseas Pensions) Commencement Order 1996 (SR 1996/316).

Section 70(3): inserted, on 2 October 1996, by section 4(2) of the Social Secur- ity Amendment Act (No 6) 1996 (1996 No 157).

Section 70(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 70(3)(a): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 70(3)(a): amended, on 15 April 2003, by section 12(1) of the War Pen- sions Amendment Act 2003 (2003 No 18).

Section 70(3)(a): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
Section 70(3)(a): amended, on 1 July 1998, by section 2(3) of the Social Secur- ity Amendment Act 1998 (1998 No 19).

Section 70(3)(a)(iii): amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

224 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 70A Section 70(3)(b): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 70(3)(b): amended, on 15 April 2003, by section 12(1) of the War Pen- sions Amendment Act 2003 (2003 No 18).

Section 70(3)(b): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 70(3)(b): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 70(3)(b): amended, on 1 July 1998, by section 2(3) of the Social Secur- ity Amendment Act 1998 (1998 No 19).

Section 70(3A): inserted, on 7 November 1996, by section 2(1) of the Social Security (Overseas Pensions) Amendment Act 1998 (1998 No 10).

Section 70(3A): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 70(3B): inserted, on 28 March 1998, by section 2(2) of the Social Se- curity (Overseas Pensions) Amendment Act 1998 (1998 No 10).

Section 70(3C): inserted, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 70(3C): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 70(4): brought into force, on 7 November 1996, by the Social Security (Alternative Arrangement for Overseas Pensions) Commencement Order 1996 (SR 1996/316).

Section 70(4): inserted, on 2 October 1996, by section 4(2) of the Social Secur- ity Amendment Act (No 6) 1996 (1996 No 157).

Section 70(4): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 70(4)(a): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 70(4)(a): amended, on 15 April 2003, by section 12(1) of the War Pen- sions Amendment Act 2003 (2003 No 18).

Section 70(4)(a): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
Section 70(4)(a): amended, on 1 July 1998, by section 2(3) of the Social Secur- ity Amendment Act 1998 (1998 No 19).

Section 70(5): inserted, on 2 October 1996, by section 4(2) of the Social Secur- ity Amendment Act (No 6) 1996 (1996 No 157).
70A Rates of benefits for sole parents may be reduced (1) This section applies to any beneficiary— 225 Part 1 s 70A Social Security Act 1964 Reprinted as at 27 July 2012 who is a sole parent; and (a) (b) who is in receipt of one of the following benefits: (i) (ii) (iii) a domestic purposes benefit granted under sec- tion 27B; or a widow’s benefit granted, on an application made after 24 July 1990, under section 21; or an invalid’s benefit granted, on an application made after 24 July 1990, under section 40; or (iiia) [Repealed] (iv) (v) (va) (vi) a sickness benefit; or an unemployment benefit; or [Repealed] an emergency benefit granted, on an application made after 31 July 1991, under section 61; and (c) who, in respect of any dependent child in the care of the beneficiary, fails or refuses— (i) to identify who is in law the other parent of that child; or to make an application for formula assessment of child support, when required to do so by section 9 of the Child Support Act 1991; or to attend and give in evidence all information that is required of the beneficiary during a hearing of a proceeding under the Child Support Act 1991, as required under section 122 of that Act.
(ii) (iii) whose other parent has not been identified in law; or The rate of benefit payable to any beneficiary to whom this section applies shall be reduced in respect of each dependent child in the care of the beneficiary— (a) (b) whose other parent has not been named in an application for formula assessment of child support under the Child Support Act 1991 as a liable parent from whom child support is sought; or whose other parent the beneficiary has failed or refused to testify against as required under section 122 of the Child Support Act 1991,— (c) by an amount equal to $22.
Subsection (2) shall not apply if the chief executive is satisfied that— (2) (3) 226 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 70A (a) (b) (ba) (bb) (c) there is insufficient evidence available to establish who is in law the other parent; or the beneficiary is taking active steps to identify who is in law the other parent; or the beneficiary or any of the beneficiary’s children would be at risk of violence if the beneficiary carried out or took steps to carry out any of the actions referred to in subparagraphs (i) to (iii) of subsection (1)(c); or there is a compelling circumstance, other than a circum- stance mentioned elsewhere in this subsection, for the beneficiary’s failure or refusal to carry out any of the actions set out in subparagraphs (i) to (iii) of subsection (1)(c), and, even if the beneficiary carried out the ac- tion, there is no real likelihood of child support being collected in the foreseeable future from the other par- ent, or, as the case may be, the other parent’s estate; or the child was conceived as a result of incest or sexual violation.
(4) A reduction of the rate of benefit under subsection (2) in re- spect of a dependent child in the care of the beneficiary ceases to apply to a beneficiary who subsequently carries out the ac- tion referred to in subparagraph (i), (ii), or (iii) of subsection (1)(c) that the beneficiary failed or refused to carry out in re- spect of that child.

If a beneficiary’s rate of benefit has been reduced under sub- section (2), it must be reduced by a further $6 if the circum- stances in subsection (6) exist.
The circumstances are that— (a) (5) (6) a period of not less than 13 weeks has elapsed after the date on which the beneficiary’s rate of benefit was reduced under subsection (2); and during the period referred to in paragraph (a), the chief executive has given the beneficiary a reasonable oppor- tunity to reconsider his or her decision not to carry out the action referred to in subparagraphs (i) to (iii) of sub- section (1)(c) that led to that reduction.
(b) (7) A further reduction made under subsection (5) to a benefi- ciary’s rate of benefit must not exceed $6, regardless of the 227 Part 1 s 70A Social Security Act 1964 Reprinted as at 27 July 2012 number of the beneficiary’s dependent children to whom sub- section (1)(c) applies.

(9) (8) A reduction of the rate of benefit under subsection (5) ceases to apply where the rate of benefit has ceased to be reduced under subsection (2).
For the purposes of this section— violence has the same meaning as in section 3 of the Domestic Violence Act 1995.

Section 70A: replaced, on 1 July 1992, by section 9(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

Section 70A(1)(b)(iiia): repealed, on 15 April 2005, by section 7(1) of the So- cial Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 70A(1)(b)(iv): replaced, on 1 July 2001, by section 15(8) of the Social Security Amendment Act 2001 (2001 No 1).
New section 70A(1)(b)(v): replaced, on 1 July 2001, by section 15(8) of the Social Security Amendment Act 2001 (2001 No 1).

Section 70A(1)(b)(va): repealed, on 1 October 1998, by section 45 of the Social Security Amendment Act 1998 (1998 No 19).

Section 70A(1)(c): replaced, on 15 April 2005, by section 7(2) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 70A(2): amended, on 1 October 1993, by section 92(5) of the Income Tax Amendment Act (No 3) 1993 (1993 No 130).
Section 70A(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 70A(3)(ba): Security (Social Assistance) Amendment Act 2005 (2005 No 30).

inserted, on 1 July 2005, by section 7(3) of the Social Section 70A(3)(bb): Security (Social Assistance) Amendment Act 2005 (2005 No 30).
inserted, on 1 July 2005, by section 7(3) of the Social Section 70A(4): replaced, on 15 April 2005, by section 7(4) of the Social Se- curity (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 70A(5): inserted, on 15 April 2005, by section 7(4) of the Social Se- curity (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 70A(6): inserted, on 15 April 2005, by section 7(4) of the Social Se- curity (Social Assistance) Amendment Act 2005 (2005 No 30).
Section 70A(7): inserted, on 15 April 2005, by section 7(4) of the Social Se- curity (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 70A(8): inserted, on 15 April 2005, by section 7(4) of the Social Se- curity (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 70A(9): inserted, on 15 April 2005, by section 7(4) of the Social Se- curity (Social Assistance) Amendment Act 2005 (2005 No 30).
228 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 70B 70B Entitlement to benefits in cases of shared custody (1) If the parents of a dependent child— (a) (b) (c) are living apart; and are both beneficiaries; and each has the primary responsibility for the care of that child for at least 40% of the time— (2) (3) (4) only the parent whom the chief executive is satisfied has the greater responsibility for the child shall be entitled to have that child taken into account by the chief executive in assessing that parent’s entitlement to a benefit and the rate of benefit payable at any one time.
In deciding which parent has the greater responsibility for the child, the chief executive shall have regard primarily to the periods the child is in the care of each parent and then to the following factors: (a) how the responsibility for decisions about the daily ac- tivities of the child is shared; and (c) (d) (b) who is responsible for taking the child to and from school and supervising that child’s leisure activities; and how decisions about the education or health care of the child are made; and the financial arrangements for the child’s material sup- port; and (e) which parent pays for which expenses of the child.
If the chief executive is unable to ascertain that one parent has the greater responsibility for the child than the other, only the parent whom the chief executive ascertains was the principal caregiver in respect of the child immediately before the parents began living apart shall be entitled to have that child taken into account by the chief executive in assessing that parent’s entitlement to a benefit and the rate of benefit payable.
If the chief executive is unable to ascertain which of the par- ents has the greater responsibility for the child or which of them was the principal caregiver before the parents began liv- ing apart, the parents shall agree between themselves as to which of them shall be entitled to have that child taken into account by the chief executive in assessing entitlement to a benefit and the rate of benefit payable; and until the parents 229 Part 1 s 71 Social Security Act 1964 Reprinted as at 27 July 2012 reach agreement the child shall not be taken into account in assessing the entitlement to a benefit of, or the rate of benefit payable to, either parent.
Section 70B: inserted, on 1 October 1991, by section 18(1) of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

Section 70B(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 70B(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 70B(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 70B(4): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
71 Special provisions where compensation or damages recoverable by applicant (1) Notwithstanding anything to the contrary in this Act or the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or the New Zealand Superannuation and Retirement Income Act 2001, where any person who has recovered or is entitled to recover com- pensation or damages from any other person in respect of any disability caused by accident or disease or in respect of wrongful or unjustifiable dismissal claims any benefit, the following provisions shall apply: (a) where any compensation or damages have been recov- ered, the chief executive may refuse to grant a benefit or may grant a reduced benefit for the period of disabil- ity or loss of expectation of employment in respect of which the compensation or damages have been paid or are deemed by the chief executive to have been paid; and (b) where any applicant for a benefit has a claim against any person to recover any compensation or damages, the chief executive may grant a benefit subject to the condition that the whole or such part of the benefit as the chief executive may require shall be repaid to the 230 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 71 (2) chief executive out of any compensation or damages that may thereafter be recovered, and in any such case the amount of the benefit or that part thereof, as the case may be, shall constitute a charge on the compensation or damages and may be recovered as a debt due to the Crown from the beneficiary or from any person liable for the payment of the compensation or damages.
For the purposes of this section the expression compensation or damages includes any ex gratia payment made in settle- ment of or on account of a claim for compensation or dam- ages; but does not include any impairment lump sum received under Schedule 1 of the Accident Compensation Act 2001.

Compare: 1938 No 7 s 74; 1949 No 38 s 19 Section 71(1): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 71(1): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 71(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 71(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 71(1): amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Section 71(1): amended, on 30 June 1993, by section 16(a) of the Social Secur- ity Amendment Act (No 3) 1993 (1993 No 57).

Section 71(1): amended, on 1 March 1991, by section 25 of the Social Security Amendment Act 1991 (1991 No 1).

Section 71(1)(a): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 71(1)(a): amended, on 30 June 1993, by section 16(b) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

Section 71(1)(b): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 71(2): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).
Section 71(2): amended, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).
231 Part 1 s 71A Social Security Act 1964 Reprinted as at 27 July 2012 71A Deduction of weekly compensation from income-tested (1) benefits Subject to subsection (4), this section applies to a person who is qualified to receive an income-tested benefit (other than New Zealand superannuation or a veteran’s pension unless the veteran’s pension would be subject to abatement under section 74D of the War Pensions Act 1954) where— (a) the person is entitled to receive or receives weekly com- pensation in respect of the person or his or her spouse or partner or a dependent child; or the person’s spouse or partner receives weekly compen- sation.
(b) (3) (2) Where this section applies, the rate of the benefit payable to the person must be reduced by the amount of weekly compen- sation payable to the person.

In this section, weekly compensation means weekly compen- sation for loss of earnings or loss of potential earning capacity payable to the person by the Corporation under the Accident Compensation Act 2001.
Subsection (2) does not apply where the person— (a) was receiving the income-tested benefit immediately before 1 July 1999 and continues to receive that benefit; and (4) (c) (b) was receiving compensation for loss of earnings or loss of potential earning capacity under the Accident Re- habilitation Compensation and Insurance Act 1992 im- mediately before that date; and section 71A(2) (as it was before it was repealed and sub- stituted by the Accident Insurance Act 1998) required the compensation payments to be brought to charge as income in the assessment of the person’s benefit.
Section 71A: replaced, on 1 July 1999, by section 415(1) of the Accident Insur- ance Act 1998 (1998 No 114).

Section 71A(1): amended, on 15 April 2003, by section 12(1) of the War Pen- sions Amendment Act 2003 (2003 No 18).

Section 71A(1)(a): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 71A(1)(b): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).
232 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 72 Section 71A(3): replaced, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

Section 71A(3): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).
72 Limitation where applicant receiving another benefit or war pension Notwithstanding anything to the contrary in this Act,— (a) no person is entitled to receive more than 1 benefit in his or her own right, except as provided in sections 39D, 61EA,, 61G, 61GA, and 69C, and section 23 of the So- cial Security (Working for Families) Amendment Act 2004: no person who is granted a pension or allowance under the War Pensions Act 1954 or in respect of whom such a pension or allowance is payable, other than— (i) (b) (ia) (ii) (iii) a pension or allowance granted to that person by reason of his own disablement; or a pension or payment granted under Part 6 of that Act; or a pension or a mother’s allowance granted to that person as the widow of a deceased member of the New Zealand or any other Commonwealth forces or of the Emergency Reserve Corps or of the New Zealand mercantile marine; or an allowance in respect of services rendered as an attendant on a disabled member of the New Zealand or any other Commonwealth forces or of the Emergency Reserve Corps or of the New Zealand mercantile marine,— shall be granted any benefit: provided also that, if a mother’s allowance is payable to a widow under the War Pensions Act 1954, the rate of benefit shall not exceed the benefit that could be paid to that widow if she had no dependent child or children: provided further that any person may receive an in- valid’s benefit or a sickness benefit, or an independent youth benefit on the ground specified in section 60F(6), or a child
 disability allowance, in addition to a child’s 233 Part 1 s 72 Social Security Act 1964 Reprinted as at 27 July 2012 (c) pension under section 36, section 62, or section 65 of the War Pensions Act 1954: where any part of a benefit is payable in respect of the spouse or partner of an applicant, that part shall not be paid for any period when a personal benefit is payable in respect of the spouse or partner.
Compare: 1938 No 7 ss 60, 62(b), (c), 63; 1945 No 11 ss 12, 29(c), (d); 1951 No 54 s 17 Section 72: amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 72(a): replaced, on 3 June 1998, by section 7 of the Social Security Amendment Act (No 2) 1998 (1998 No 60).

Section 72(a): amended, on 7 July 2010, by section 9 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).
Section 72(a): amended, on 17 November 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

Section 72(b)(i): amended, on 1 April 1990, by section 14(11)(a) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Section 72(b)(ia): inserted, on 15 April 2003, by section 12(1) of the War Pen- sions Amendment Act 2003 (2003 No 18).
Section 72(b)(ii): amended, on 20 October 1972, by section 24(2) of the Social Security Amendment Act 1972 (1972 No 133).

Section 72(b)(iii): amended, on 7 June 1967, by section 2(a) of the Social Se- curity Amendment Act 1967 (1967 No 4).

Section 72(b) first proviso: repealed, on 1 April 1990, by section 14(11)(b) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Section 72(b) second proviso: inserted, on 20 October 1972, by section 24(3) of the Social Security Amendment Act 1972 (1972 No 133).

Section 72(b) third proviso: inserted, on 20 October 1972, by section 24(3) of the Social Security Amendment Act 1972 (1972 No 133).

Section 72(b) third proviso: amended, on 1 July 2001, by section 15(1)(d) of the Social Security Amendment Act 2001 (2001 No 1).
Section 72(b) third proviso: amended, on 1 October 1998, by section 47 of the Social Security Amendment Act 1998 (1998 No 19).

Section 72(b) third proviso: amended, on 1 September 1998, by section 12(4)(c) of the Social Security Amendment Act 1998 (1998 No 19).

Section 72(b) third proviso: amended, on 1 January 1998, by section 10(1) of the Social Security Amendment Act (No 3) 1997 (1997 No 23).
Section 72(b) third proviso: amended, on 11 October 1978, by section 21(2) of the Social Security Amendment Act 1978 (1978 No 58).

Section 72(c): replaced, on 1 April 1990, by section 14(11)(c) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Section 72(c): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
234 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 73 73 Limitation where applicant entitled to claim under Family Protection Act 1955 (1) Notwithstanding anything to the contrary in this Act, the chief executive may, in the chief executive’s discretion, refuse to grant any benefit (other than New Zealand superannuation, or a veteran’s pension not subject to an income test) or may grant any such benefit at a reduced rate or may cancel any such bene- fit already granted, in any case where any person, being a rela- tive of the applicant, has died without, in the opinion of the chief executive, making adequate provision under his will for the proper maintenance and support of the applicant, and the applicant has, in the opinion of the chief executive, failed with- out good and sufficient reason to institute proceedings under the Family Protection Act 1955 for a share in or further provi- sion out of the estate of the relative, and to prosecute with all due diligence any proceedings so instituted by him or any such proceedings on an application under the Family Protection Act 1955 made or deemed to have been made on his behalf.
In any such proceedings the chief executive shall be entitled to appear and show cause why provision or further provision, as the case may be, should be made for the applicant out of the relative’s estate.

In this section the term relative means a person out of whose estate the applicant is entitled to make a claim for provision under the Family Protection Act 1955.
Compare: 1950 No 49 s 18 (2) (3) Section 73 heading: amended, on 7 July 2010, by section 10(1) of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

Section 73(1): amended, on 7 July 2010, by section 10(2) of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

Section 73(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 73(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 73(1): amended, on 1 April 1994, pursuant to section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Section 73(1): amended, on 30 June 1993, by section 5(3)(e) of the Social Se- curity Amendment Act (No 3) 1993 (1993 No 57).
Section 73(1): amended, on 1 April 1990, by section 14(13) of the Social Wel- fare (Transitional Provisions) Act 1990 (1990 No 26).

235 Part 1 s 74 Social Security Act 1964 Reprinted as at 27 July 2012 Section 73(1): amended, on 1 April 1991, by section 27 of the Social Security Amendment Act 1991 (1991 No 1).

Section 73(1): amended, on 9 February 1977, by section 23 of the Social Se- curity Amendment Act 1976 (1976 No 40).
Section 73(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 73(3): amended, on 7 July 2010, by section 10(3) of the Social Security Amendment Act (No 2) 2010 (2010 No 85).
Limitation in certain other cases 74 (1) Notwithstanding anything to the contrary in this Act or the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or the New Zealand Superannuation and Retirement Income Act 2001, the chief executive may, in the chief executive’s discretion, refuse to grant any benefit or may terminate or reduce any benefit already granted or may grant a benefit at a reduced rate in any case where the chief executive is satisfied— (a) (b) (c) (d) (e) that the applicant, or the spouse or partner of the appli- cant or any person in respect of whom the benefit or any part of the benefit is or would be payable, is not ordin- arily resident in New Zealand; or [Repealed] [Repealed] that the applicant has directly or indirectly deprived himself of any income or property which results in his qualifying for that or any other benefit or an increased rate of benefit: that the applicant has failed to take reasonable steps to obtain any maintenance or has foregone her rights to any maintenance to which she may be entitled in respect of herself under the Family Proceedings Act 1980 or any other Act.
(1A) Subsection (1)(d) is subject to any rules prescribed by rules under section 132I.
In this section,— income does not include any amount that a person might be considered to derive from any impairment lump sum under Schedule 1 of the Accident Compensation Act 2001, or from (2) 236 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 74 any lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998, received by the person on or after the date on which this subsection comes into force for the period of 12 months following the receipt of that payment property does not include any such impairment lump sum or lump sum payment of an independence allowance received by a person for the period of 12 months following the receipt of that payment.
Compare: 1938 No 7 ss 15(1)(e), 22(7), 33(2)(d), 40(d), 62(d), 62A; 1963 No 47 s 54 Section 74(1): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

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

Section 74(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).
Section 74(1)): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 74(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 74(1): amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Section 74(1): amended, on 23 December 1977, by section 15 of the Social Security Amendment Act (No 2) 1977 (1977 No 133).

Section 74(1)(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 74(1)(a): amended, on 1 April 1991, by section 28 of the Social Security Amendment Act 1991 (1991 No 1).

Section 74(1)(b): repealed, on 20 October 1972, by section 25 of the Social Security Amendment Act 1972 (1972 No 133).
Section 74(1)(c): repealed, on 20 October 1972, by section 25 of the Social Security Amendment Act 1972 (1972 No 133).

Section 74(1)(e): inserted, on 14 November 1973, by section 12 of the Social Security Amendment Act 1973 (1973 No 34).

Section 74(1)(e): amended, on 1 July 1992, by section 10 of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

Section 74(1)(e): amended, on 31 August 1974, by section 8 of the Social Se- curity Amendment Act 1974 (1974 No 46).
Section 74(1A): inserted, on 2 July 2007, by section 9 of the Social Security Amendment Act 2007 (2007 No 20).

237 Part 1 s 74AA Social Security Act 1964 Reprinted as at 27 July 2012 Section 74(2): inserted, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

Section 74(2) income: amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).
74AA Residential requirements for certain benefits (1) A person who applies for a benefit of a kind stated in subsec- tion (2) after 27 May 2007 is not eligible for it unless he or she— (a) (b) (c) is a New Zealand citizen, or is a person who holds a residence class visa under the Immigration Act 2009; and is ordinarily resident in New Zealand when he or she first applies for the benefit; and except in the case of a person who is recognised as a refugee or a protected person in New Zealand under the Immigration Act 2009, has resided continuously in New Zealand for a period of at least 2 years at any one time after the day on which paragraph (a) first applied to him or her.
(1A) Subsection (1) does not apply to a person at a time when— (a) there is in force under section 19(1) of the Social Wel- fare (Transitional Provisions) Act 1990 an order declar- ing that the provisions contained in an agreement or convention with the government of another country set out in a schedule to the order have force and effect so far as they relate to New Zealand; and (b) he or she is ordinarily resident in that country.
The benefits referred to in subsection (1) are a domestic pur- poses benefit, an independent youth benefit, an invalid’s bene- fit, a sickness benefit, an unemployment benefit, and a widow’s benefit.

Section 74AA: inserted, on 2 July 2007, by section 10(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 74AA(1): replaced, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
Section 74AA(1A): inserted, on 7 July 2010, by section 11 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

(2) 238 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 74A 74A Persons unlawfully resident or present in New Zealand (1) A person is not entitled to receive a benefit who is— (a) (b) unlawfully resident or present in New Zealand; or 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 await- ing the outcome of his or her claim for recognition as a refugee or a protected person; or a person who is recognised as a refugee or a protected person; or 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.
(b) (c) (1B) The actions referred to in subsection (1A) are— (a) (b) grant the person an emergency benefit under section 61: 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) (3) If subsection (3) applies to a person,— (a) the rate of benefit payable to the person is the appropri- ate 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 rela- tionship); and the income and assets of both the person and the per- son’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.
(b) Subsection (2) applies to— (a) a person who applies for a benefit before the commence- ment 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 239 Part 1 s 74A Social Security Act 1964 Reprinted as at 27 July 2012 (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 lawfully resident or present in New Zealand, but only by virtue of holding a temporary entry class visa.
(ii) (4) Despite subsection (3)(b)(ii), subsection (2) does not apply to a person described in subsection (1A).

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): inserted, 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 Se- curity Amendment Act 2005 (2005 No 21).

Section 74A(2)(a): amended, on 1 April 2007, by section 5 of the Social Secur- ity Amendment Act 2005 (2005 No 21).
Section 74A(2)(b): amended, on 26 April 2005, by section 3 of the Social Se- curity 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 Secur- ity Amendment Act 2005 (2005 No 21).

Section 74A(3)(a): amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).
(5) 240 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 75 Section 74A(3)(b): amended, on 1 April 2007, by section 5 of the Social Secur- ity Amendment Act 2005 (2005 No 21).

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

Section 74A(3)(b): amended, on 26 April 2005, by section 3 of the Social Se- curity 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 Pen- sions Amendment Act 2003 (2003 No 18).

75 (1) Beneficiaries in hospital For the purposes of this section, hospital means a hospital operated by a district health board within the meaning of the New Zealand Public Health and Disability Act 2000.
(2) Notwithstanding anything to the contrary in this Act or in the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954, if a person who is married or in a civil union or in a de facto relationship and who has no depend- ent children, or a single person, who is in receipt of a benefit (other than an unsupported child’s benefit or an orphan’s bene- fit), or who becomes entitled to receive such a benefit, is a pa- tient in a hospital for a period of 13 weeks or less, the rate of the benefit shall not be affected.
If a person to whom subsection (2) applies (other than a person in receipt of, or entitled to receive, a veteran’s pension or a person who is a resident assessed as requiring care (as defined in section 136) in respect of whom a funder (as defined in that section) is paying some or all of the cost of contracted care services (as defined in that section) under section 141 or section 142) is a patient in a hospital for more than 13 weeks, the rate of benefit payable on and after the commencement (3) 241 Part 1 s 75 Social Security Act 1964 Reprinted as at 27 July 2012 of the 14th week of hospitalisation, subject to subsection (4), shall be the rate specified in Schedule 22.
(4) Notwithstanding the provisions of subsection (3), the chief ex- (5) ecutive may in the chief executive’s discretion— (a) pay to any patient to whom that subsection applies a higher rate than the rate specified in Schedule 22 after having regard to the patient’s personal financial circum- stances.
[Repealed] (b) If, after 13 weeks’ hospitalisation, the benefit of a person who is married or in a civil union or in a de facto relationship is reduced under subsection (3) or subsection (4), and that per- son’s spouse or partner either is not in hospital or has been in hospital for less than 13 weeks, any benefit payable to or in re- spect of the spouse or partner must be increased, on the same date as the effective date of that reduction, by an amount equal to the difference between— (a) the maximum rate of benefit payable to a single person; and the maximum rate of benefit payable in respect of a per- son who is married or in a civil union or in a de facto relationship and whose spouse or partner is receiving a benefit.
(b) (6) In any case where the rate of a benefit has been reduced in accordance with this section and the beneficiary in hospital is absent from the hospital for not more than 28 days, the rate of benefit payable on return to hospital shall be determined as if that absence has not occurred.
(7) Nothing in this section shall be construed to entitle a single person or a couple who are married or in a civil union or in a de facto relationship to receive a greater amount of benefit, as a result of hospitalisation, than would otherwise have been payable.

(8) Nothing in this section applies to New Zealand superannu- ation under the New Zealand Superannuation and Retirement Income Act 2001.
Section 75: replaced, on 28 September 1982, by section 12(1) of the Social Security Amendment Act 1982 (1982 No 16).

242 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 75 Section 75(1): replaced, on 1 October 2002 by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Section 75(1): amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 75(2): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 75(2): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 75(2): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 75(2): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 75(2): amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Section 75(2): amended, on 1 April 1991, by section 30 of the Social Security Amendment Act 1991 (1991 No 1).

Section 75: amended, on 15 November 2000, by section 3(3) of the Social Security Amendment Act 2000 (2000 No 81).

Section 75: amended, on 15 November 2000, by section 3(4) of the Social Security Amendment Act 2000 (2000 No 81).
Section 75(3): replaced, on 6 November 1985, by section 17(1) of the Social Security Amendment Act (No 2) 1985 (1985 No 159).

Section 75(3): amended, on 1 July 2005, by section 4(3) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

Section 75(3): amended, on 1 April 1990, by section 14(14) of the Social Wel- fare (Transitional Provisions) Act 1990 (1990 No 26).
Section 75(3): amended, on 30 June 1993, by section 18 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

Section 75(4): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 75(4)(a): amended, on 10 September 2008, by section 18(2) of the Dis- ability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
Section 75(4)(a): amended, on 6 November 1985, by section 17(2)(a) of the Social Security Amendment Act (No 2) 1985 (1985 No 159).

Section 75(4)(b): repealed, on 10 September 2008, by section 18(3) of the Dis- ability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).

Section 75(5): replaced, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 75(5): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 75(5)(b): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

243 Part 1 s 75A Social Security Act 1964 Reprinted as at 27 July 2012 Section 75(7): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 75(7): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 75(8): inserted, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 75(8): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
75A Beneficiaries in institutions under Alcoholism and Drug Addiction Act 1966 Notwithstanding anything to the contrary in this Act, where a beneficiary, or any other person in respect of whom a bene- fit is payable, is a resident of an institution certified under the Alcoholism and Drug Addiction Act 1966 (not being a psy- chiatric security institution within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992) or of any institution which is fulfilling a similar purpose to an in- stitution certified under that Act, the rate of any benefit payable in respect of the period of residence in such institution shall be determined by the chief executive after taking into account all of the beneficiary’s financial circumstances and commitments.
Section 75A: inserted, on 14 October 1981, by section 12 of the Social Security Amendment Act 1981 (1981 No 46).

Section 75A: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 75A: amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Forfeiture of benefit during detention in a prison Except as provided in subsection (2) or subsection (3), a bene- fit shall not be payable in respect of any period during which the beneficiary is imprisoned or detained in, or is an escapee from, a prison, pursuant to a sentence of imprisonment, pre- ventive detention, or corrective training.
If a person in receipt of New Zealand superannuation or a vet- eran’s pension is so imprisoned or detained, the chief executive may, in the chief executive’s discretion, continue payment of New Zealand superannuation or a veteran’s pension for 2 pay days after the date of imprisonment or detention.
76 (1) (2) 244 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 76 (3) (4) (5) (6) The chief executive may, in the chief executive’s discretion, pay all or any part of the benefit to the spouse or partner of a beneficiary who has been so imprisoned or detained, or who has escaped from such imprisonment or detention, or to any responsible person for the benefit of the spouse or partner or of any dependent child or children of such a beneficiary.
If a beneficiary is remanded in custody by a court pending a further appearance before a court, his benefit shall not be payable in respect of any period during which he is so in cus- tody, but the chief executive may in the chief executive’s dis- cretion pay all or any part of the benefit in respect of that period after having regard to the beneficiary’s financial circumstances and commitments.
For the purposes of this section, the chief executive may in the chief executive’s discretion regard as a period of imprisonment or detention in a prison, or a period of remand in custody, any period during which a person is a patient in a hospital within the meaning of section 75(1) while serving a sentence of imprisonment, preventive detention, or corrective training, or while remanded in custody.
For the purposes of this section, a person shall still be consid- ered to be imprisoned or detained if he or she has been released from a prison, for any purpose authorised by the Corrections Act 2004, for a period not exceeding 24 hours.

Section 76: replaced, on 28 September 1982, by section 13(1) of the Social Security Amendment Act 1982 (1982 No 16).

Section 76 heading: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 76(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 76(1): amended, on 30 June 1993, by section 19(1) of the Social Secur- ity Amendment Act (No 3) 1993 (1993 No 57).

Section 76(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 76(2): amended, on 1 April 1994, pursuant to section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Section 76(2): amended, on 1 April 1990, by section 14(15) of the Social Wel- fare (Transitional Provisions) Act 1990 (1990 No 26).

Section 76(3): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
245 Part 1 s 77 Social Security Act 1964 Reprinted as at 27 July 2012 Section 76(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 76(3): amended, on 30 June 1993, by section 19(2) of the Social Secur- ity Amendment Act 1993 (1993 No 57).

Section 76(4): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 76(5): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 76(5): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 76(6): repealed, on 30 June 2002, by section 125 of the Parole Act 2002 (2002 No 10).

Section 76(6): inserted, on 30 June 1993, by section 19(3) of the Social Security Amendment Act 1993 (1993 No 57).
Section 76(6): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Second section 76(6): repealed, on 30 June 2002, by section 125 of the Parole Act 2002 (2002 No 10).
77 (1) Effect of absence of beneficiary from New Zealand Except as provided in this section or in any agreement or con- vention adopted under section 19 of the Social Welfare (Tran- sitional Provisions) Act 1990 or in sections 21 to 35 of the New Zealand Superannuation and Retirement Income Act 2001 or in sections 74E to 74T of the War Pensions Act 1954, a benefit is not payable while a beneficiary is absent from New Zealand.
(2) A benefit (other than an unemployment benefit or a sickness benefit, an emergency benefit, or an invalid’s benefit, for a work-tested beneficiary, or an independent youth benefit) that would otherwise be payable to a beneficiary shall be payable in respect of the first 4 weeks of any absence from New Zealand if the chief executive is satisfied that the absence does not affect the beneficiary’s eligibility for the benefit.
The chief executive may, in the chief executive’s discretion, pay an unemployment benefit or a sickness benefit, an emer- gency benefit, or an invalid’s benefit, for a work-tested benefi- ciary, or an independent youth benefit that would otherwise be payable to a beneficiary in respect of the first 4 weeks of any absence from New Zealand if the chief executive is satisfied— (3) 246 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 77 (a) (b) that the requirements set out in subsection (2) have been met; or that for humanitarian reasons the beneficiary is required to be absent from New Zealand.
(3A) The chief executive may, in the chief executive’s discretion, pay an invalid’s benefit for a period (not exceeding 6 weeks) in which a beneficiary (not being a work-tested spouse or partner of an invalid’s beneficiary) is absent from New Zealand, where the chief executive is satisfied that the beneficiary would, but for his or her absence from New Zealand, continue to be eli- gible for the invalid’s benefit.
The chief executive may, in the chief executive’s discretion, pay a benefit to any person who would otherwise be entitled to receive it, but who is absent from New Zealand for any period or periods not exceeding 2 years in total because— (a) (4) (b) that person or his or her spouse or partner, dependent child, or sibling is receiving medical treatment overseas for which the Ministry of Health is granting assistance; or the person is in receipt of an invalid’s benefit granted on the grounds of his or her sickness, injury, disability, or total blindness, and is absent from New Zealand in order to receive vocational training or disability assistance- dog training; and the chief executive is satisfied that— the training is an activity, or is linked to a goal, (i) included in the person’s employment plan; and the person could not obtain the training in New Zealand during the period or periods of absence.
For the purposes of this section, if a person who is absent from New Zealand would have become entitled to a benefit during his or her absence but for subsection (1), the person’s absence shall be regarded as having commenced on the day he or she would have become so entitled.

Section 77: replaced, on 1 August 1991, by section 19(1) of the Social Security Amendment Act (No 2) 1991 (1991 No 78).
(ii) Section 77(1): replaced, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 77(1): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

247 (5) Part 1 s 77 Social Security Act 1964 Reprinted as at 27 July 2012 Section 77(2): replaced, on 1 July 1993, by section 2(1) of the Social Security Amendment Act (No 2) 1996 (1996 No 42).
Section 77(2): amended, on 24 September 2007, by section 28(3) of the Social Security Amendment Act 2007 (2007 No 20).

Section 77(2): amended, on 10 March 2003, by section 14 of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

Section 77(2): amended, on 1 July 2001, by section 15(3)(d) of the Social Se- curity Amendment Act 2001 (2001 No 1).
Section 77(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 77(3): replaced, on 1 April 1997, by section 33(2) of the Social Security Amendment Act 1996 (1996 No 20).

Section 77(3): amended, on 24 September 2007, by section 28(3) of the Social Security Amendment Act 2007 (2007 No 20).
Section 77(3): amended, on 10 March 2003, by section 14 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 77(3): amended, on 1 July 2001, by section 15(3)(d) of the Social Se- curity Amendment Act 2001 (2001 No 1).

Section 77(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 77(3)(a): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 77(3A): inserted, on 1 July 1996, by section 3(1) of the Social Security Amendment Act (No 2) 1996 (1996 No 42).

Section 77(3A): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 77(3A): amended, on 1 February 1999, by section 75(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 77(3A): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 77(4): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 77(4)(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 77(4)(a): amended, on 1 July 1993, pursuant to section 38(3)(a) of the Health Amendment Act 1993 (1993 No 24).

Section 77(4)(b): replaced, on 24 September 2007, by section 35 of the Social Security Amendment Act 2007 (2007 No 20).

248 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 79 Section 77(4)(b)(i): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
78 (1) (2) Effect of absence of beneficiary from New Zealand on residential qualification If any person leaves New Zealand while in receipt of a benefit and returns to take up ordinary residence in New Zealand at any time within 5 years, he shall not, on a subsequent appli- cation for a benefit of the same class, be required to comply with the residential qualifications applicable in the case of an original application for a benefit of that class.
If, before the commencement of this subsection, a person left New Zealand while in receipt of an age benefit or a superannu- ation benefit, such benefit shall, for the purposes of this sec- tion, be deemed to be New Zealand superannuation.

Compare: 1938 No 7 s 70(4) Section 78(2): replaced, on 9 February 1977, by section 26 of the Social Secur- ity Amendment Act 1976 (1976 No 40).
Section 78(2): amended, on 1 April 1994, pursuant to section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
79 Persons liable for income tax on earnings while employed overseas deemed to be resident in New Zealand (1) Where any person has been employed outside New Zealand and while so employed was liable for the payment of income tax on earnings from that employment, then, for the purposes of satisfying the residential qualification for any benefit after the return, on or after 23 June 1987, to New Zealand of that person or the spouse or partner or any child of that person,— that person shall be deemed to have been resident and (a) present in New Zealand during the period of such em- ployment outside New Zealand: if the spouse or partner or any child of that person was with the person during that period or any part of it, the spouse or partner or child shall be deemed to have been resident and present in New Zealand during that period or that part of it, as the case may be: (b) 249 Part 1 s 80 Social Security Act 1964 Reprinted as at 27 July 2012 (c) any child of that person born out of New Zealand during that period shall be deemed to have been born in New Zealand.
(2) Nothing in subsection (1) shall be construed to derogate from the provisions of section 77.

Section 79: replaced, on 12 December 1985, by section 18 of the Social Security Amendment Act 1985 (1985 No 159).

Section 79(1): amended, on 7 July 2010, by section 12(1) of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

Section 79(1): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 79(1)(a): amended, on 7 July 2010, by section 12(2) of the Social Se- curity Amendment Act (No 2) 2010 (2010 No 85).

Section 79(1)(b): amended, on 7 July 2010, by section 12(2) of the Social Se- curity Amendment Act (No 2) 2010 (2010 No 85).

Section 79(1)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
80 (1) Commencement of benefits Except as otherwise provided in this section or the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or the New Zealand Superannuation and Retirement Income Act 2001, a benefit shall commence on the later of— (a) (b) the date the applicant became entitled to receive it; or the date the application for it was received.
(2) A benefit is subject to a stand down, and commences on a date calculated in accordance with section 80BA, if— (a) the benefit is a work-tested benefit or an independent youth benefit (other than an independent youth bene- fit granted to a person undertaking employment-related training or who is enrolled in a course of secondary in- struction) and the applicant is not subject to a non-en- titlement period; or the benefit is a widow’s benefit, a domestic purposes benefit, a sickness benefit, or an invalid’s benefit.
Subsection (2) is subject to subsections (5) to (10) (which re- late to exemptions from the benefit stand down).
If the applicant is subject to a non-entitlement period,— (b) (3) (4) 250 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 80 (a) (b) a work-tested benefit granted conditionally under sec- tion 123B is subject to a stand down and commences on a date calculated in accordance with section 80BA if— (i) the applicant is subject to the non-entitlement period because of the application of section 60H; and that section applies to the applicant because he or she is a person described in section 60H(2)(a): (ii) any other work-tested benefit commences on the later of— (i) the date the applicant became entitled to receive it; or the date the application for it was received.
(ii) (5) A benefit shall commence on the latest of the date the person became entitled to receive it, or the day after the date the per- son’s employment ceased, or the date the application for it was received, if— (a) (b) (c) (ca) the benefit is an unemployment benefit and the person is participating in a training course approved by the chief executive; or the benefit is a domestic purposes benefit, an independ- ent youth benefit, an invalid’s benefit, a sickness bene- fit, or an unemployment benefit applied for by a person who has entered a refuge following the breakdown of the person’s marriage, civil union, or de facto relation- ship; or the benefit is a sickness benefit, and the applicant— is suffering from a chronic illness; and (i) has applied for a sickness benefit, or a commu- (ii) nity wage on the grounds of sickness, injury, or disability, for that illness on a prior occasion; or the benefit is an invalid’s benefit, and the applicant— (i) is sick or is suffering from an injury or disability from accident or congenital defect; and has applied for an invalid’s benefit on the grounds of that sickness, injury, or disability on a prior occasion; or (ii) (d) the applicant for the benefit— 251 Part 1 s 80 Social Security Act 1964 Reprinted as at 27 July 2012 (i) (ii) previously received a benefit which was can- celled because he or she was imprisoned or detained for less than 31 days in a prison (as defined in the Corrections Act 2004); and applied for the benefit immediately following his or her release from the prison.
[Repealed] [Repealed] (6) (7) (8) A benefit shall commence on the later of the day after the date a person’s employment ceased or the date of the application for the benefit, if— (a) the person received a benefit before accepting the offer of the employment; and the benefit was cancelled or suspended because of the employment; and the employment— (i) was temporary employment, whether or not the person was aware it would be temporary employ- ment when accepting the offer; or (ii) was part-time work for a period of less than 26 weeks, whether or not the person was aware it would be part-time work for a period of less than 26 weeks when accepting the offer; and the person applies for a benefit following the termin- ation of the employment.
(b) (c) (d) (9) (10) [Repealed] If a person is required to pay all or a part of a benefit towards the cost of the person’s treatment or care in a residential pro- gramme, the chief executive may commence the benefit on any date but not earlier than the later of— (a) (b) the date the person became entitled to the benefit; or the date the person entered into residence under the pro- gramme.
[Repealed] [Repealed] (11) (12) (13) A benefit shall commence on the day on which it was granted if— 252 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 80 (a) (b) the person has become eligible for the benefit while re- ceiving another benefit; and the benefit is granted instead of that other benefit.
(14) A disability allowance shall commence on the same day that a benefit commences if that allowance was applied for at the same time as the benefit and the benefit is— (a) a widow’s benefit, a domestic purposes benefit, or a sickness benefit; or an invalid’s benefit.

(b) Section 80: replaced, on 1 April 1997, by section 34 of the Social Security Amendment Act 1996 (1996 No 20).
Section 80(1): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 80(1): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 80(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 80(2): replaced, on 2 July 2007, by section 11(1) of the Social Security Amendment Act 2007 (2007 No 20).
Section 80(2)(a): amended, on 24 September 2007, by section 36(a) of the So- cial Security Amendment Act 2007 (2007 No 20).

Section 80(2)(a): amended, on 24 September 2007, by section 36(b) of the So- cial Security Amendment Act 2007 (2007 No 20).

Section 80(3): amended, on 2 July 2007, by section 11(2) of the Social Security Amendment Act 2007 (2007 No 20).
Section 80(4): replaced, on 26 September 2002, by section 15(2) of the So- cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

Section 80(5): amended, on 3 June 1998, by section 8(2) of the Social Security Amendment Act (No 2) 1998 (1998 No 60).

Section 80(5)(a): replaced, on 1 October 1998, by section 49(2) of the Social Security Amendment Act 1998 (1998 No 19).
Section 80(5)(a): amended, on 1 July 2001, by section 43(2)(a) of the Social Security Amendment Act 2001 (2001 No 1).

Section 80(5)(b): replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 80(5)(b): amended, on 2 July 2007, by section 11(3) of the Social Se- curity Amendment Act 2007 (2007 No 20).

Section 80(5)(c): amended, on 1 July 2001, by section 15(10)(a) of the Social Security Amendment Act 2001 (2001 No 1).
Section 80(5)(c)(ii): amended, on 1 October 1998, by section 49(1)(c) of the Social Security Amendment Act 1998 (1998 No 19).

253 Part 1 s 80AA Social Security Act 1964 Reprinted as at 27 July 2012 Section 80(5)(ca): inserted, on 1 July 2004, by section 15 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Section 80(5)(d)(i): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50) .
Section 80(5)(d)(ii): amended, on 1 June 2005, by section 206 of the Correc- tions Act 2004 (2004 No 50).

Section 80(6): repealed, on 1 July 2001, by section 43(2)(b) of the Social Se- curity Amendment Act 2001 (2001 No 1).

Section 80(7): repealed, on 1 July 2001, by section 43(2)(b) of the Social Se- curity Amendment Act 2001 (2001 No 1).

Section 80(8): amended, on 3 June 1998, by section 8(3) of the Social Security Amendment Act (No 2) 1998 (1998 No 60).
Section 80(8)(b): amended, on 1 July 2001, by section 43(2)(c) of the Social Security Amendment Act 2001 (2001 No 1).

Section 80(8)(c): replaced, on 7 July 2010, by section 13 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

Section 80(9): repealed, on 2 July 2007, by section 11(4) of the Social Security Amendment Act 2007 (2007 No 20).

Section 80(10): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 80(11): repealed, on 2 July 2007, by section 11(4) of the Social Security Amendment Act 2007 (2007 No 20).

Section 80(12): repealed, on 2 July 2007, by section 11(4) of the Social Security Amendment Act 2007 (2007 No 20).

Section 80(14)(a): amended, on 1 July 2001, by section 15(10)(b) of the Social Security Amendment Act 2001 (2001 No 1).

Section 80(14)(a): amended, on 1 October 1998, by section 49(1)(d) of the Social Security Amendment Act 1998 (1998 No 19).
Section 80(14)(b): amended, on 15 April 2005, by section 8(2) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

80AA Minister may allow back-dating of benefit where earlier failure to grant it based on error (1) With the consent of the Minister (given in relation to a par- ticular applicant or applicants of a stated kind or description) a benefit (or a benefit of a stated kind) may commence at a time earlier than the time an application for it was made.
The Minister must not give consent unless satisfied that— (a) in the case of a particular applicant, the particular appli- cant— (2) 254 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 80AA (i) (ii) could not reasonably have been expected to apply at the earlier time because of some erroneous ac- tion or inaction on the part of the department; or at or before the earlier time, tried to apply or ap- plied incompletely, and did not proceed because of some erroneous action or inaction on the part of the department; or (b) in the case of applicants of a stated kind or descrip- tion,— (i) applicants of that kind or description could not reasonably have been expected to apply at earlier times because of some erroneous action or inac- tion on the part of the department in relation to applicants of that kind or description; or at earlier times, some applicants of that kind or description tried to apply or applied incom- pletely, and did not proceed because of some erroneous action or inaction on the part of the department.
(ii) (3) (4) (5) (6) For the purposes of subsection (2), examples of erroneous ac- tion or inaction are— (a) (b) giving wrong advice: erroneously failing or refusing to provide information, help, or some document or form.

Consent given under subsection (1) in relation to applicants of a stated kind or description does not necessarily allow all the benefits concerned to commence at the same time.
Subsection (1) does not enable the commencement of a benefit at a time at which the person to whom it is granted was not eligible for it.

If the Minister delegates to the chief executive the exercise of the power to consent conferred by subsection (1), its exercise by the chief executive (or a refusal by the chief executive to exercise it) is a decision under this Part for the purposes of section 12J.
Section 80AA: inserted, on 2 July 2007, by section 12(1) of the Social Security Amendment Act 2007 (2007 No 20).

255 Part 1 s 80A Social Security Act 1964 Reprinted as at 27 July 2012 80A Duty to advise change of circumstances affecting (1) (2) entitlement to benefit Every beneficiary shall forthwith advise an officer of the de- partment of any change in circumstances which affects the right of the beneficiary to receive the benefit received by him or which affects the rate of any such benefit.
[Repealed] Section 80A: inserted, on 21 November 1984, by section 7 of the Social Security Amendment Act 1984 (1984 No 8).

Section 80A(2): repealed, on 1 April 1991, by section 33 of the Social Security Amendment Act 1991 (1991 No 1).
80B Interpretation In this section and in sections 80BA to 80BC and in Schedule 28— average income, in relation to a person, means the person’s specified income divided by the number of weeks in the aver- age income calculation period average income calculation period, in relation to a person, means— (a) if the person has made an election under section 80BA(1A), the period of 52 weeks immediately before the later of— (i) the date the person became entitled to receive the benefit; or if the person’s employment terminated or the per- son is given notice of termination of employment before he or she applied for the benefit, the date the person’s employment ceased; or (ii) (b) in any other case, the period of 26 weeks immediately before the later of the dates referred to in subparagraphs (i) and (ii) of paragraph (a) average wage means the average wage (as defined in section 3(1)) at the later of— (a) the date the person became entitled to receive the bene- fit; or if the person’s employment terminated or the person is given notice of termination of employment before (b) 256 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 80B he or she applied for the benefit, the date the person’s employment ceased income includes— (a) the amount of any of the following benefits or allow- ances received by the person: a widow’s benefit; (i) a domestic purposes benefit; (ii) an invalid’s benefit; (iii) a community wage paid before 1 July 2001: (iv) a sickness benefit: (v) an unemployment benefit: (vi) [Repealed]
 (vii) (viii) an independent youth benefit; an emergency benefit; (ix) [Repealed] (x) an accommodation supplement under section (xi) 61EA; (xii) [Repealed] (xiii) [Repealed] the amount of any tax withheld or deducted for any of those benefits under section RD 11(3) of the Income Tax Act 2007 (b) redundancy payment means a payment (before the deduction of income tax) made in relation to the termination of a person’s employment if— (a) the main reason for the termination is that the person’s position is or will be
 superfluous to the employer’s needs, and the person is not a seasonal worker; or the person’s usual seasonal employment is not made available by the employer mainly because the person’s position, or usual position, is or will be superfluous to the employer’s needs; (b) but does not include— (c) (d) a payment solely because of a seasonal lay-off; or a payment that depends on the completion of— (i) (ii) a fixed-term engagement; or an engagement to complete work specified in a contract; or 257 Part 1 s 80B Social Security Act 1964 Reprinted as at 27 July 2012 (e) (f) (g) a payment instead of notice terminating the employ- ment; or any payment (including holiday pay) if the chief execu- tive considers that, but for the termination of the em- ployment, it would have been paid as monetary remu- neration of the person; or any payment made by a company to a director of the company under— (i) its articles of association, for a company regis- tered under the Companies Act 1955; or section 161 of the Companies Act 1993, for a company registered under that Act; or (ii) any retirement payment (h) retirement payment means a payment (before the deduction of income tax) made because of the termination of a person’s employment on his or her retirement paid in 1 or more lump sums or on a periodical basis; but does not include— (a) (b) a payment solely because of a seasonal lay-off; or a payment that depends on the completion of— (i) (ii) a fixed-term engagement; or an engagement to
 complete work specified in a contract; or (c) (d) (e) a payment instead of notice terminating the employ- ment; or any payment (including holiday pay) if the chief execu- tive considers that, but for the termination of the em- ployment, it would have been paid as monetary remu- neration of the person; or any payment made by a company to a director of the company under— (i) its articles of association, for a company regis- tered under the Companies Act 1955; or section 161 of the Companies Act 1993, for a
 company registered under that Act; or (ii) (f) any payment from a superannuation fund or other sim- ilar payment specified income, in relation to a person, means— (a) the person’s income in the average income calculation period; and 258 Reprinted as at 27 July 2012 (b) Social Security Act 1964 Part 1 s 80B the amount of any redundancy payment or retirement payment, before the deduction of income tax, not in- cluded in the person’s income under paragraph (a) and made to the person— (i) (ii) before the person’s employment ceased; or in the 52 weeks after the date on which the em- ployment ceased.
Section 80B: replaced, on 1 April 1997, by section 35 of the Social Security Amendment Act 1996 (1996 No 20).

Section 80B average income: replaced, on 1 May 2005, by section 9(1) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 80B average income calculation period: replaced, on 1 May 2005, by section 9(1) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).
Section 80B income paragraph (a)(iv): replaced, on 1 July 2001, by section 15(9) of the Social Security Amendment Act 2001 (2001 No 1).

Section 80B income paragraph (a)(v): replaced, on 1 July 2001, by section 15(9) of the Social Security Amendment Act 2001 (2001 No 1).

Section 80B income paragraph (a)(vi): replaced, on 1 July 2001, by section 15(9) of the Social Security Amendment Act 2001 (2001 No 1).
Section 80B income paragraph (a)(vii): repealed, on 1 October 1998, by section 50 of the Social Security Amendment Act 1998 (1998 No 19).

Section 80B income paragraph (a)(x): repealed, on 15 April 2005, by section 9(2) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 80B income paragraph (a)(xii): repealed, on 17 May 2001, by sec- tion 7(3) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
Section 80B income paragraph (a)(xiii): repealed, on 17 May 2001, by sec- tion 7(3) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

Section 80B income paragraph (b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 80B redundancy payment paragraph (f): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Ad- ministration) Act 1998 (1998 No 96).

Section 80B retirement payment paragraph (d): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Ad- ministration) Act 1998 (1998 No 96).
Section 80B specified income: inserted, on 1 May 2005, by section 9(3) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

259 Part 1 s 80BA Social Security Act 1964 Reprinted as at 27 July 2012 80BA Calculation of stand down (1) This section applies to a benefit if section 80 requires the bene- fit to commence on a date calculated in accordance with this section.
(1A) A person who is entitled to a benefit to which this section ap- plies may elect to have his or her average income calculated by reference to a period of 52 weeks instead of 26 weeks.

Every benefit to which this section applies shall be subject to a stand down period calculated in accordance with Schedule 28.
(3) A stand down period under this section commences on the later (2) of— (a) (b) the date the person became entitled to the benefit; or if the person’s employment terminated or the person is given notice of termination of employment before he or she applied for the benefit, the day after the date the person’s employment ceased.
If a stand down period applies under this section, benefits com- mence as follows: (a) benefits except those described in paragraph (b) com- mence on the later of— (i) (ii) the day on which the stand down period ends; or the day on which the application for the benefit is received: (b) a benefit— (i) that is a widow’s benefit, a domestic purposes benefit, an invalid’s benefit, or a sickness benefit; and for which the application is received within 28 days after the date on which the person becomes entitled to the benefit— (ii) commences on the day on which the stand down period ends.
This section is subject to section 80BB (which relates to de- layed redundancy and retirement payments) and section 80BC (which relates to seasonal workers made redundant after a sea- sonal lay-off).

Section 80BA: inserted, on 1 April 1997, by section 35 of the Social Security Amendment Act 1996 (1996 No 20).
(4) (5) 260 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 80BB Section 80BA(1A): inserted, on 1 May 2005, by section 10(1) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 80BA(3)(b): amended, on 3 June 1998, by section 9(1) of the Social Security Amendment Act (No 2) 1998 (1998 No 60).

Section 80BA(4): replaced, on 1 April 1997, by section 20(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 80BA(4)(a)(i): amended, on 3 June 1998, by section 9(2)(a) of the So- cial Security Amendment Act (No 2) 1998 (1998 No 60).

Section 80BA(4)(a)(ii): amended, on 3 June 1998, by section 9(2)(a) of the Social Security Amendment Act (No 2) 1998 (1998 No 60).

Section 80BA(4)(b): amended, on 3 June 1998, by section 9(2)(b) of the Social Security Amendment Act (No 2) 1998 (1998 No 60).
Section 80BA(4)(b)(i): amended, on 15 April 2005, by section 10(2) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 80BA(4)(b)(i): amended, on 1 July 2001, by section 15(10)(c) of the Social Security Amendment Act 2001 (2001 No 1).

Section 80BA(4)(b)(i): amended, on 1 October 1998, by section 51 of the Social Security Amendment Act 1998 (1998 No 19).
80BB Delayed redundancy and retirement payments (1) This section applies to a person who has applied for a benefit to which section 80(2) or (12) applies if— (a) the person is entitled to receive a redundancy payment or a retirement payment; and the person has not received the whole or a part of that payment.
(b) (3) (2) A person referred to in subsection (1) is entitled to receive the benefit applied for on a provisional basis and to have the stand down period calculated as if his or her average income did not include the amount not yet received.

Subsection (4) applies if the person subsequently receives the whole or any part of the redundancy payment or retirement payment within 52 weeks after the date the person’s employ- ment ceased.
The chief executive may recover from the person, under sec- tion 86(1), any payment of the benefit— which the person has received; and (a) to which the person would not be entitled but for sub- (b) section (2).

(4) Section 80BB: inserted, on 1 April 1997, by section 35 of the Social Security Amendment Act 1996 (1996 No 20).
261 Part 1 s 80BC Social Security Act 1964 Reprinted as at 27 July 2012 Section 80BB(4): amended, on 26 September 2002, by section 16 of the So- cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 80BB(4): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
80BC Seasonal workers made redundant after benefit (1) (2) (b) commences This section applies to a person who is a seasonal worker if— the person applies for a benefit to which section 80(2) (a) or (12) applies following a seasonal layoff; and the person becomes entitled to receive a redundancy payment because his or her usual seasonal employment is made unavailable by the employer after the benefit commences; and the person receives the whole or any part of the redun- dancy payment within 52 weeks after the date the per- son’s seasonal employment ceased.
(c) which the person has received; and The chief executive may, under section 86(1), recover from a person referred to in subsection (1) any payment of the bene- fit— (a) (b) which is a payment to which the person would not have been entitled if the redundancy payment received had been taken into account in calculating the stand down period under section 80BA.

Section 80BC: inserted, on 1 April 1997, by section 35 of the Social Security Amendment Act 1996 (1996 No 20).
Section 80BC(2): amended, on 26 September 2002, by section 17 of the So- cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 80BC(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
80BD Ending of benefits (1) Every benefit shall end on a date the chief executive sets, to be— (a) a date no earlier than the pay day before the date on which entitlement to the benefit ceased; and 262 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 80BD (2) (3) (4) (5) a date no later than the pay day after that date.

(b) The general provision in subsection (1) is subject to subsec- tions (3) to (7).
Subsection (4) applies to a person receiving New Zealand superannuation, a veteran’s pension, a widow’s, domestic purposes, invalid’s, or independent youth benefit, or an unem- ployment benefit or a sickness benefit, or a related emergency benefit.
If a person referred to in subsection (3) dies, the benefit ends 4 weeks following the death if— (a) (b) the person leaves a spouse or partner or a child; and the spouse or partner or child are not entitled to a lump sum payment under section 56 of the Accident Rehabili- tation and Compensation Insurance Act 1992 or section 444 of the Accident Insurance Act 1998 or section 382 of the Accident Compensation Act 2001.
In all other cases— (a) (b) [Repealed] every benefit ends— (i) (ii) on the date of the beneficiary’s death; or on a date set by the chief executive (being a date no later than 4 weeks after the date of the benefi- ciary’s death).

(6) A benefit or a rate of benefit payable to a sole parent ends 8 weeks after the beneficiary stops caring for the dependent child concerned if the beneficiary stops caring for the child be- cause of a sudden change of circumstances beyond the bene- ficiary’s control.
(6A) A domestic purposes benefit under section 27G or a rate of that benefit ends 8 weeks after the beneficiary stops caring for the sick or infirm person concerned if the beneficiary stops caring for the sick or infirm person because the person dies, or is admitted to hospital, or enters residential care.
(7) An orphan’s benefit or unsupported child’s benefit ends— (a) on the date the child ceases to be entitled to the benefit; or 263 Part 1 s 80C Social Security Act 1964 Reprinted as at 27 July 2012 (b) on a date set by the chief executive (being a date no later than 4 weeks after the date the child ceases to be entitled to the benefit).

Section 80BD: inserted, on 1 April 1997, by section 35 of the Social Security Amendment Act 1996 (1996 No 20).
Section 80BD(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 80BD(3): amended, on 15 April 2005, by section 11 of the Social Se- curity (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 80BD(3): amended, on 1 July 2001, by section 15(3)(e) of the Social Security Amendment Act 2001 (2001 No 1).
Section 80BD(3): amended, on 1 October 1998, by section 52 of the Social Security Amendment Act 1998 (1998 No 19).

Section 80BD(4)(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 80BD(4)(b): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 80BD(4)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 80BD(4)(b): amended, on 1 April 2002, by section 337(1) of the Acci- dent Compensation Act 2001 (2001 No 49).

Section 80BD(5)(a): repealed, on 26 September 2002, by section 18(a) of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 80BD(5)(b): amended, on 26 September 2002, by section 18(b) of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).
Section 80BD(5)(b)(ii): amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 80BD(6): replaced, on 24 September 2007, by section 37 of the Social Security Amendment Act 2007 (2007 No 20).

Section 80BD(6A): inserted, on 24 September 2007, by section 37 of the Social Security Amendment Act 2007 (2007 No 20).
Section 80BD(7)(b): amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
80C Effect of sections 60H to 60M and section 80BA on entitlement to supplementary benefits and on spouses or partners (1) A person is not entitled to receive an emergency benefit under section 61, or an accommodation supplement under section 264 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 80D 61EA, or temporary additional support under section 61G or a special benefit continued under section 23 of the Social Security (Working for Families) Amendment Act 2004, while— (a) (b) the person is subject to a non-entitlement period; or the person is subject to a stand down under section 80BA; or the person is subject to a sanction of suspension of 100% of a benefit under section 117.
(c) (1A) Notwithstanding subsection (1)(b), if the applicant was receiv- ing an accommodation supplement pursuant to section 61EA immediately before applying for a benefit, the accommoda- tion supplement shall continue at the same rate for the period of non-entitlement.

The spouse or partner of a person who is not entitled to a bene- fit due to the application of section 80BA shall not be entitled to receive any benefit to which his or her spouse or partner is not entitled.
Section 80C: inserted, on 1 August 1991, by section 21 of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

(2) Section 80C heading: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 80C(1): replaced, on 1 April 1997, by section 36(1) of the Social Se- curity Amendment Act 1996 (1996 No 20).

Section 80C(1): amended, on 1 April 2006, by section 21 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Section 80C(1)(c): replaced, on 1 July 2001, by section 43(3) of the Social Security Amendment Act 2001 (2001 No 1).

Section 80C(1A): inserted, on 1 July 1993, by section 22(2) of the Social Se- curity Amendment Act (No 3) 1993 (1993 No 57).

Section 80C(2): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 80C(2): amended, on 1 April 1997, by section 36(2) of the Social Se- curity Amendment Act 1996 (1996 No 20).
Section 80C(2): amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
80D Benefit applications by claimants under Accident Compensation Act 2001 If— 265 Part 1 s 81 Social Security Act 1964 Reprinted as at 27 July 2012 (a) (b) (c) the Accident Compensation Corporation pays weekly compensation in respect of a claim made under the Accident Compensation Act 2001; and the claimant subsequently fails to establish his or her claim; and the claimant would otherwise have been entitled to a benefit during all or any part of the period in respect of which the compensation would have been paid if the claim had been accepted— the chief executive may, in the chief executive’s discretion, treat an application for a benefit made by the claimant as hav- ing been made on the date— (d) that the incapacity in respect of which the claim was made occurred; or that the applicant would have become entitled to that benefit— (e) whichever is the later date.
Section 80D: inserted, on 1 July 1992, by section 172(2) of the Accident Re- habilitation and Compensation Insurance Act 1992 (1992 No 13).

Section 80D heading: amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 80D: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 80D(a): replaced, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

Section 80D(a): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).
Review of benefits The chief executive may from time to time review any benefit in order to ascertain— (a) whether the beneficiary remains entitled to receive it; or (b) whether the beneficiary may not be, or may not have been, entitled to receive that benefit or the rate of benefit that is or was payable to the beneficiary— and for that purpose may require the beneficiary or his or her spouse or partner to provide any information or to answer any relevant question orally or in writing, and in the manner specified by the chief executive.
If the beneficiary or his or her spouse or partner fails to comply with such a requirement 81 (1) 266 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 82 (2) (3) within such reasonable period as the chief executive specifies, the chief executive may suspend, terminate, or vary the rate of benefit from such date as the chief executive determines.
If, after reviewing a benefit under subsection (1), the chief executive is satisfied that the beneficiary is no longer or was not entitled to receive the benefit or is or was entitled to receive the benefit at a different rate, the chief executive may suspend, terminate, or vary the rate of the benefit from such date as the chief executive reasonably determines.
If, after reviewing a benefit under subsection (1), the chief ex- ecutive considers the beneficiary is more appropriately entitled to receive some other benefit, the chief executive may, in his or her discretion, cancel the benefit the beneficiary was receiv- ing and grant that other benefit commencing from the date of cancellation.

Section 81: replaced, on 1 April 1990, by section 37(8) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Section 81(1): replaced, on 30 June 1993, by section 23 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

Section 81(1): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 81(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 81(2): replaced, on 30 June 1993, by section 23 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
Section 81(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 81(3): inserted, on 1 March 1991, by section 34 of the Social Security Amendment Act 1991 (1991 No 1).

Section 81(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
82 (1) Payment of benefits Every benefit shall be payable by instalments of such number of weeks’ benefit on such day or date or such days or dates in the month as the chief executive from time to time determines.

267 Part 1 s 82 Social Security Act 1964 Reprinted as at 27 July 2012 (2) The amount of a weekly instalment of a benefit that is payable at an annual rate shall be ascertained by dividing the annual rate by 52.
(3) (2A) The following benefits are paid in respect of a 7-day week: a domestic purposes benefit, an independent youth benefit, an invalid’s benefit, a sickness benefit, an emergency benefit, an unemployment benefit, and a widow’s benefit.
Except as otherwise provided in this Act, every instalment of a benefit shall be paid to or on account of the beneficiary per- sonally: provided that for good cause the chief executive may, in the chief executive’s discretion, direct that payment of the whole or any part of an instalment, or any number of instalments, be paid— (a) to or on account of some other person authorised by the beneficiary or, in the case of a beneficiary who lacks sufficient capacity in law, to any person appointed by the chief executive for the purpose of receiving it; or (b) with or without the consent of the beneficiary— (i) (ii) to any person in payment of the beneficiary’s lawful debts or other liabilities: to, or for the benefit of, the spouse or partner of the beneficiary or any dependent child or children of the beneficiary.
Except as otherwise provided in this Act, every instalment of benefit shall be paid in a manner and at the place determined by the chief executive from time to time, and no appeal under this Act shall lie against that determination.
If any instalment of any benefit, or any part of any instalment, is not collected within such time as the chief executive may specify, the authority to collect such instalment, or part, shall lapse and the amount of benefit so unpaid shall be forfeited unless the chief executive is satisfied in any particular case that there was good cause for not collecting that instalment or that part of the instalment.
If the chief executive is satisfied that an advance payment of a benefit would best meet the immediate needs of a beneficiary, the chief executive may, in the chief executive’s discretion, on application by the beneficiary, make payment in advance (4) (5) (6) 268 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 82 of any number of instalments of the benefit, or part of it, not yet due, and the amount so paid in advance may be recovered under section 86(1).
(6A) Despite subsection (3), if the immediate needs of the benefi- ciary relate to the supply of any goods or services to the bene- ficiary or a member of the beneficiary’s family, the chief ex- ecutive may pay the whole or any part of an advance payment of a benefit under subsection (6) to the supplier of the goods or services.
(6B) The chief executive may, in circumstances prescribed by regu- lations made under section 132K, require a beneficiary who applies for an advance payment of a benefit under subsection (6), or the beneficiary’s spouse or partner, or both, to undertake to the satisfaction of the chief executive a budgeting activity of a kind specified in regulations made under section 132K.
(6C) Subsection (6D) applies in respect of an applicant for an ad- vance payment of a benefit under subsection (6) if the chief executive is satisfied that— (a) the applicant or the applicant’s spouse or partner has failed to take reasonable steps to reduce his or her costs or increase his or her income or better manage his or her finances; or the applicant or the applicant’s spouse or partner has failed to take all necessary steps to obtain any assistance towards his or her costs from any other source from which he or she may be entitled to assistance; or the applicant or the applicant’s spouse or partner has failed to comply with any requirement of the chief ex- ecutive to undertake a budgeting activity under subsec- tion (6B).
(b) (c) (6D) If this subsection applies, the chief executive may refuse to make an advance payment of a benefit under subsection (6), or any subsequent advance payment of a benefit, to or in respect of the applicant.
(7) Unless the chief executive in any particular case otherwise de- termines, it shall be a condition of every benefit that the appli- cant or beneficiary shall— (a) supply the department with particulars of an existing account held by the applicant or beneficiary with— 269 Part 1 s 82 Social Security Act 1964 Reprinted as at 27 July 2012 (i) (ii) (iii) the Post Office Bank Limited, a private savings bank, a trustee savings bank, or the Public Ser- vice Investment Society Limited; or a registered bank which, on 31 March 1987, was a trading bank; or any other registered bank or a building society (being a registered bank or a building society ap- proved for the purposes of this subsection by the Minister after consultation with the Minister of Finance); or open such an account, if one is not held, and supply the department with particulars of the account; or supply the department with particulars of a current membership held by the applicant or beneficiary with a credit union registered under Part 3 of the Friendly Societies and Credit Unions Act 1982 (being a credit union approved for the purposes of this subsection by the Minister after consultation with the Minister of Finance)— (b) (c) and every instalment of the benefit may be paid by the chief executive into such account or in respect of such membership, as the case may be.
Section 82: replaced, on 11 October 1978, by section 23(1) of the Social Secur- ity Amendment Act 1978 (1978 No 58).

Section 82(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 82(1): amended, on 17 September 1997, by section 21(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 82(2A): inserted, on 2 July 2007, by section 13(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 82(3): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 82(3) proviso: amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 82(3) proviso paragraph (a): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 82(3) proviso paragraph (b)(ii): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
270 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 82 Section 82(4): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 82(4): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 82(5): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 82(6): inserted, on 24 August 1979, by section 11 of the Social Security Amendment Act 1979 (1979 No 14).

Section 82(6): amended, on 26 September 2002, by section 19 of the Social Se- curity (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 82(6): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 82(6): amended, on 17 September 1997, by section 21(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 82(6A): inserted, on 27 September 2010, by section 16 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 82(6B): inserted, on 27 September 2010, by section 16 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 82(6C): inserted, on 27 September 2010, by section 16 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 82(6D): inserted, on 27 September 2010, by section 16 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 82(7): replaced, on 26 October 1988, by section 21(1) of the Social Security Amendment Act (No 2) 1988 (1988 No 147).
Section 82(7): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 82(7): amended, on 1 April 1990, by section 14(16) of the Social Wel- fare (Transitional Provisions) Act 1990 (1990 No 26).

Section 82(7)(a)(iii): amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 82(7)(c): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
271 Part 1 s 82A Social Security Act 1964 Reprinted as at 27 July 2012 82A Duty to supply tax file number and consequence of failure to do so The chief executive of the department for the time being re- sponsible for the administration of the Social Security Act 1964 may in writing request an applicant for a benefit or a beneficiary to provide evidence, to the satisfaction of the chief executive, of the tax file number of the applicant or benefi- ciary.
The chief executive may refuse to grant a benefit and must sus- pend payment of a benefit if satisfactory evidence of the tax file number of the applicant or the beneficiary is not received within 10 working days after the date on which the chief ex- ecutive requests the evidence.
The chief executive may extend to a date to be specified in writing the time for delivery of the evidence referred to in sub- section (1) if an applicant or a beneficiary provides a reason- able explanation for not providing the evidence within the time prescribed in subsection (2).

This section does not apply to a beneficiary who is unable to provide satisfactory evidence of the beneficiary’s tax file num- ber within the time specified because of sickness, injury, or disability.
In this section, tax file number has the same meaning as in section YA 1 of the Income Tax Act 2007.

Section 82A: replaced, on 7 October 1998, by section 2(1) of the Social Security Amendment Act (No 3) 1998 (1998 No 104).

Section 82A(5): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Apportionment of benefit between spouses or partners Subject to subsection (2), where any person is entitled to a benefit at a rate prescribed in respect of a person who is mar- ried or in a civil union or in a de facto relationship, 50% of that benefit and any other benefit payable under this Act shall be paid to the person so entitled and 50% shall be paid to the spouse or partner or other person who qualifies the beneficiary to be paid at that rate.
(1) (2) (3) (4) (5) 83 (1) 272 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 83A (2) (3) Subject to section 12(2) of the New Zealand Superannuation and Retirement Income Act 2001, in any case where the chief executive determines that it would not be appropriate for any benefit to be paid as provided in subsection (1), the whole of the benefit may be paid to the person entitled to the benefit or the benefit may be allocated in such proportions as the chief executive determines between the beneficiary and the spouse or partner or other person who qualifies the beneficiary to be paid at the rate referred to in subsection (1).
In any case where a benefit is apportioned under subsection (1) or subsection (2), the proportion of the benefit paid to each person shall be deemed for the purposes of the Income Tax Act 2007 to be the income of the person to whom it is paid.

Section 83: replaced, on 1 October 1986, by section 16(1) of the Social Security Amendment Act 1986 (1986 No 39).

Section 83 heading: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 83(1): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 83(1): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 83(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 83(2): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 83(2): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 83(2): amended, on 26 September 2002, by section 20 of the Social Se- curity (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 83(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 83(3): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

83A Tax on benefits (1) This section applies where any instalment or a payment of an income-tested benefit is a source deduction payment.
(2) Where this section applies, the chief executive may, instead of making a tax deduction from the source deduction payment, 273 Part 1 s 83A Social Security Act 1964 Reprinted as at 27 July 2012 (3) pay to the Commissioner of Inland Revenue, at such time as the Commissioner determines in consultation with the chief executive, an amount for income tax payable on that payment, calculated in accordance with subsection (3).
The amount for income tax payable on a source deduction pay- ment is the amount of the tax deduction that would be made, at the rate determined under the appropriate specified provision, if the payment were increased by an amount that, after the tax deduction were made, would result in an amount equal to the source deduction payment.
(4) An amount for income tax paid to the Commissioner under subsection (2) must,— (a) (b) for the purposes of this Act, be considered to be a pay- ment of a benefit, within the meaning of that term in section 3(1), made on account of, and received by, the person; and for the purposes of— (i) the Income Tax Act 1976, be considered to be assessable income of the person; or the Income Tax Act 1994, be considered to be gross income of the person; or the Income Tax Act 2004, be considered to be income of the person; or the Income Tax Act 2007, be considered to be income of the person.
(ii) (iii) (iv) If, as a result of the review, suspension, cancellation, or ter- mination of an income-tested benefit, the chief executive de- termines that an amount for tax on the benefit has been paid in accordance with this section to the Commissioner in excess of the amount that is properly payable under this section, the chief executive may not recover the excess amount as a debt due to the Crown within the meaning of section 85A, but may recover that amount by— (a) making an adjustment to any amount subsequently payable to the Commissioner under subsection (2) in respect of the source deduction payments for that or any other benefit payable to that beneficiary; or (b) making such other arrangements for its refund as are agreed with the Commissioner.
(5) 274 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 83A (6) In this section,— income-tested benefit has the meaning given to that term by section 2 of the Income Tax Act 1976 or section OB 1 of the Income Tax Act 1994 or section OB 1 of the Income Tax Act 2004 or section YA 1 of the Income Tax Act 2007 (whichever is applicable) and not the meaning in section 3(1) of this Act source deduction payment has the meaning given to that term by section 2 of the Income Tax Act 1976 or section OB 1 of the Income Tax Act 1994 or section OB 1 of the Income Tax Act 2004 (whichever is applicable) and includes a PAYE income payment, as that term is defined in section RD 3 of the Income Tax Act 2007 (if applicable) specified provision, in relation to a source deduction payment, means (as the case requires)— (a) the fourth proviso to section 343(1) of the Income Tax Act 1976; or the fourth proviso to section NC 6(1) of the Income Tax Act 1994; or section NC 6(1D) of the Income Tax Act 1994; or (c) section NC 6(1D) of the Income Tax Act 2004; or (d) (e) section RD 11(3) of the Income Tax Act 2007.
Section 83A: inserted, on 15 April 2005, by section 12 of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

(b) Section 83A(4)(b)(iii): replaced, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 83A(4)(b)(iv): inserted, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Section 83A(6) income-tested benefit: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 83A(6) source deduction payment: amended, on 1 April 2008 (ef- fective for 2008–09 income year and later income years, except when the con- text requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Section 83A(6) specified provision paragraph (d): replaced, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 83A(6) specified provision paragraph (e): inserted, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the 275 Part 1 s 84 Social Security Act 1964 Reprinted as at 27 July 2012 84 (1) (2) (3) context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Benefits to be inalienable to the provisions of the Family Benefits (Home Subject Ownership) Act 1964, or the Child Support Act 1991 or the Student Loan Scheme Act 2011 and of section 82 of this Act, no benefit shall be capable of being assigned or charged or of passing to any other person by operation of law.
Every person commits an offence, and is liable on summary conviction to a fine not exceeding $100, who demands or ac- cepts from any beneficiary any benefit order or any acknow- ledgment or undertaking where that demand, acceptance, ac- knowledgment, or undertaking would constitute a legal or an equitable assignment of or a charge upon any benefit if the benefit were capable of being legally assigned or charged.
[Repealed] Compare: 1938 No 7 s 69;1945 No 11 s 30; 1958 No 46 s 27 Section 84(1): amended, on 1 April 2012, by section 223 of the Student Loan Scheme Act 2011 (2011 No 62).

Section 84(1): amended, on 1 July 1992, by section 11 of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

Section 84(1): amended, on 1 April 1992, by section 89 of the Student Loan Scheme Act 1992 (1992 No 141).
Section 84(1): amended, on 11 October 1978, by section 24(a) of the Social Security Amendment Act 1978 (1978 No 58).

Section 84(1) proviso: repealed, on 11 October 1978, by section 24(b) of the Social Security Amendment Act 1978 (1978 No 58).

Section 84(2): amended, on 7 June 1967, by section 3 of the Social Security Amendment Act 1967 (1967 No 4).

Section 84(3): repealed, on 1 April 1991, by section 35 of the Social Security Amendment Act 1991 (1991 No 1).
84A Payment of benefit not to restrict right to maintenance The payment of a benefit under this Act shall not operate— (a) to take away or restrict any liability imposed by the Family Proceedings Act 1980, the Child Support Act 1991, or any other Act on any person for the mainten- ance or support of any other person; or 276 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 85A (b) (c) (d) to affect the power of a court to make any maintenance order under the Family Proceedings Act 1980 or any other Act; or to affect the power of the Commissioner of Inland Rev- enue to make an assessment of child support or domes- tic maintenance, or accept a voluntary agreement, under the Child Support Act 1991; or to affect the power of a court to make an order under the Child Support Act 1991.
Section 84A: replaced, on 1 July 1992, by section 12(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

Section 84A: amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 84A(c): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
85 Termination of benefit on death of beneficiary [Repealed] Section 85: repealed, on 28 September 1982, by section 15(1) of the Social Security Amendment Act 1982 (1982 No 16).
85A Payments that are debts due to the Crown The following payments or other sums are debts due to the Crown: (a) (b) any penalty payable under this Act: any benefit paid conditionally or provisionally under this Act that a person has become liable to repay (by direction of the chief executive or otherwise): any advance payment of a benefit made to a person under section 82(6): any money paid to or for the credit of a person as a grant of special assistance under a welfare programme approved under section 124(1)(d) that is— (i) (ii) paid as a recoverable grant of assistance; or otherwise recoverable from that person under the terms and conditions of the programme: any amount described by this Act as a debt due to the Crown from the person: a sum (an overpayment), paid or advanced under this Act or the Social Welfare (Transitional Provisions) Act (c) (d) (e) (f) 277 Part 1 s 86 Social Security Act 1964 Reprinted as at 27 July 2012 1990 or Part 6 of the War Pensions Act 1954 or Part 1 of the New Zealand Superannuation and Retirement In- come Act 2001 to or for the credit of a person— (i) that is in excess of the amount to which the per- son is entitled; or to which the person has no entitlement.
(ii) Section 85A: inserted, on 26 September 2002, by section 21 of the Social Se- curity (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 85A(f): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 85A(f): amended, on 15 April 2003, by section 12(1) of the War Pen- sions Amendment Act 2003 (2003 No 18).
86 (1) Recovery of payments made in excess of authorised rates The chief executive, in order to recover a debt referred to in section 85A, may— (a) (b) bring proceedings in the name of the chief executive; or deduct all or part of that debt from any amount payable to that person by the department as a benefit or a student allowance; or in the case of a debt referred to in section 85A(d), deduct all or part of that debt from any payment of a grant of special assistance under a welfare programme approved under section 124(1)(d).
(c) (1A) Subsection (1) is subject to subsections (9A) and (9B), and to any regulations made under section 132G.

(1B) Nothing in section 94B of the Judicature Act 1908 or any rule of law relating to payment by or under mistake prevents re- covery of a debt under subsection (1).
(1C) [Repealed] (1D) [Repealed] [Repealed] (1E) [Repealed] (1F) Subject to subsections (2A) and (2B), if any person has ob- (2) tained any payment or received any credit or advance referred to in section 85A in excess of the amount to which he or she was entitled and, in the opinion of the chief executive, that payment or credit or advance in excess was obtained by fraud, 278 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 86 the chief executive may, in his or her discretion, which discre- tion may be exercised in respect of any particular case or class or classes of case, recover from that person, by way of penalty, an amount not exceeding 3 times the amount in excess.
Noth- ing in this subsection shall relieve that person from any other liability in respect of any fraud committed by him or her.
Any penalty under this subsection may be recovered by way of de- duction from any instalments of the same or any other benefit or student allowance or payment thereafter becoming payable to that person under this Act or under section 124(1)(d) or under the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001; and may be recovered as a debt due to the Crown at the suit of the chief executive.
(2A) The chief executive shall not impose any penalty on any per- son under subsection (2)— (a) unless the chief executive has given to the person writ- ten notice— (i) specifying the intention to impose a penalty under that subsection and the amount proposed to be imposed by way of penalty; and specifying the particulars of fact on which the intention is based; and stating the person has 5 working days from the receipt of the notice to show cause why the action should not be taken; and (ii) (iii) (b) (c) if that person has been prosecuted and dealt with for any offence arising out of the same circumstances that gave rise to liability under that subsection; and until the expiration of those 5 working days.
(2B) Where the chief executive imposes any penalty under subsec- tion (2), no action to recover that penalty shall be taken until any review of that decision under section 10A or any appeal under section 12J has been completed.
In subsection (2), a person shall be considered to have obtained a payment or credit or advance by fraud if that person has made any statement knowing it to be false in any material particular, or has knowingly said or done anything or omitted to do or say (2C) 279 Part 1 s 86 Social Security Act 1964 Reprinted as at 27 July 2012 anything for the purpose of misleading any officer concerned in the administration of this Act, for the purpose of obtaining a payment or credit or advance under this Act, as a result of which that person received that payment or credit or advance.
If, in the opinion of the chief executive, the spouse or partner of any beneficiary makes any false statement to or otherwise mis- leads any officer engaged in the administration of this Act, in relation to his or her income or other personal circumstances, as a result of which the benefit or an instalment of benefit is paid in excess of the amount to which the beneficiary is by law entitled, the amount so paid in excess may be recovered from that spouse or partner as a debt due to the Crown at the suit of the chief executive, or the excess payment may be recovered by way of deduction from any instalments of any benefit or student allowance thereafter becoming payable to that spouse or partner.
If on the death of any beneficiary he is found to have been dis- qualified for any reason, including the receipt of any income or the possession of any property, from obtaining the bene- fit granted to him or from obtaining a benefit of the amount granted to him, an amount, to be assessed by the chief execu- tive, equal to the total amount paid to the beneficiary in excess of the amount (if any) to which he was by law entitled shall constitute a debt owing to the Crown by the estate of the bene- ficiary, and may be recovered accordingly at the suit of the chief executive.
If on the death of the spouse or partner of any beneficiary it is found that for any reason, including the receipt of any income or the possession of any property by the deceased during her or his lifetime, the beneficiary has been granted a benefit to which he or she was not by law entitled or has been granted a benefit of an amount to which he or she was not by law entitled, an amount, to be assessed by the chief executive, equal to the total amount paid to the beneficiary in excess of the amount (if any) to which he or she was by law entitled shall constitute a debt owing to the Crown by the estate of the spouse or partner, and may be recovered accordingly at the suit of the chief executive.
For the purpose of determining for the purposes of subsection (4) or subsection (5) the total amount paid to a beneficiary by (3) (4) (5) (6) 280 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 86 way of benefit in excess of the amount (if any) to which he or she was by law entitled, any property that was in the possession of the beneficiary or of the spouse or partner of the beneficiary at his or her death shall, unless in proceedings for the recovery of that excess (but subject to any decision by a District Court in any application under subsection (7)) the contrary is proved, be deemed to have been in his or her possession on such date as the chief executive determines, being not earlier than the date on which the benefit was first granted.
(7) Notice in writing of every assessment by the chief executive under subsection (4) or subsection (5) shall be served on the executor or administrator of the estate of the deceased bene- ficiary or, as the case may be, of the deceased spouse or part- ner of the beneficiary, and the executor or administrator may, within 1 month after the service of the notice, apply to a Dis- trict Court to review the assessment and any decision of the chief executive under subsection (6) in relation to that assess- ment.
The following provisions shall apply with respect to every such application: (a) (8) (b) (c) (d) the court shall have jurisdiction with respect to the ap- plication irrespective of the amount of the assessment: the application shall not be heard in open court: the court may receive as evidence any statement, docu- ment, information, or matter that may in its opinion as- sist the court to deal effectively with the application, whether or not the same would be otherwise admissible in a court of law: in determining the application, the court shall accept any date determined by the chief executive for the pur- poses of subsection (6) as the date on which any prop- erty was in the possession of the deceased, unless the court is satisfied from the evidence produced that some other date should be fixed.
(9) In determining any such application, the court may either con- firm or cancel the assessment or increase or reduce the amount thereof or make such order as it considers just and equitable in the circumstances.
281 Part 1 s 86 Social Security Act 1964 Reprinted as at 27 July 2012 (9A) The chief executive may not recover any sum comprising that part of a debt that was caused wholly or partly by an error to which the debtor did not intentionally contribute if— (a) the debtor— (i) (ii) received that sum in good faith; and changed his or her position in the belief that he or she was entitled to that sum and would not have to pay or repay that sum to the chief executive; and (b) it would be inequitable in all the circumstances, includ- ing the debtor’s financial circumstances, to permit re- covery.
(9B) In subsection (9A), error— (a) means— (i) the provision of incorrect information by an offi- cer of the department: any erroneous act or omission of an officer of the department that occurs during an investigation under section 12: any other erroneous act or omission of an officer of the department; but (ii) (iii) (b) does not include the simple act of making a payment to which the recipient is not entitled if that act is not caused, wholly or partly, by any erroneous act or omis- sion of an officer of the department.
(10) [Repealed] Compare: 1938 No 7 ss 71, 75(1)(b), (2) Section 86(1): replaced, on 26 September 2002, by section 22(1) of the So- cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 86(1A): replaced, on 26 September 2002, by section 22(1) of the So- cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).
Section 86(1B): replaced, on 26 September 2002, by section 22(1) of the So- cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 86(1C): repealed, on 26 September 2002, by section 22(1) of the So- cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 86(1D): repealed, on 26 September 2002, by section 22(1) of the So- cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).
282 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 86 Section 86(1E): repealed, on 30 April 2007, by section 23(2) of the Social Se- curity (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 86(1F): repealed, on 30 April 2007, by section 23(2) of the Social Se- curity (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 86(2): replaced, on 30 June 1993, by section 25(2) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
Section 86(2): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 86(2): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 86(2): amended, on 26 September 2002, by section 22(3) of the So- cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Section 86(2): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 86(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 86(2): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 86(2A): inserted, on 30 June 1993, by section 25(2) of the Social Se- curity Amendment Act (No 3) 1993 (1993 No 57).

Section 86(2A): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 86(2A)(a): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 86(2B): inserted, on 30 June 1993, by section 25(2) of the Social Se- curity Amendment Act (No 3) 1993 (1993 No 57).

Section 86(2B): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 86(2C): inserted, on 30 June 1993, by section 25(2) of the Social Se- curity Amendment Act (No 3) 1993 (1993 No 57).
Section 86(3): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 86(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 86(3): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
283 Part 1 s 86A Social Security Act 1964 Reprinted as at 27 July 2012 Section 86(4): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 86(5): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 86(5): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 86(6): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 86(6): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 86(6): amended, on 1 April 1980, pursuant to section 18(2) of the Dis- trict Courts Amendment Act 1979 (1979 No 125).

Section 86(7): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 86(7): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 86(7): amended, on 1 April 1980, pursuant to section 18(2) of the Dis- trict Courts Amendment Act 1979 (1979 No 125).

Section 86(8)(d): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 86(9A): replaced, on 26 September 2002, by section 22(4) of the So- cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 86(9B): inserted, on 26 September 2002, by section 22(4) of the So- cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 86(10): repealed, on 1 April 1991, by section 36 of the Social Security Amendment Act 1991 (1991 No 1).
86A Deduction of benefit debts (1) Where any amount of money may be recovered from any per- son as a debt due to the Crown under this Act (including, sub- ject to section 86(2B), any penalty under section 86(2)) is not paid by the expiration of the tenth day after the day on which notice of the debt is delivered or posted to that person (whether or not the notice is received by that person), the chief executive may issue, in writing, a deduction notice requiring any other person to deduct the amount due from any sum that is payable 284 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 86A on his or her or its own account; or as an agent; or as a trustee; or for any other reason— or becomes payable, until the deduction notice is revoked, by that other person whether— (a) (b) (c) (d) to the person from whom that money may be recovered as a debt due to the Crown (in this section and in sections 86C to 86I referred to as the debtor).
(1A) For the avoidance of doubt, it is declared that a deduction no- tice may be issued under subsection (1), despite the fact that the debt to the Crown under this Act may not be recovered by civil action in a court of law because of the Limitation Act 2010.
(1B) A deduction notice may be issued under subsection (1) to the Accident Compensation Corporation requiring the Corpor- ation to deduct the amount due from any weekly compensation in respect of loss of earnings or loss of potential earning capacity that is payable, or becomes payable, to the debtor by the Corporation under the Accident Compensation Act 2001.
(1C) A deduction notice under subsection (1) may be issued to re- cover— (a) (b) any amount that may be recovered as a debt due to the Crown under section 27X (as saved by section 256(1) of the Child Support Act 1991): any amount of maintenance debt (within the meaning of section 61CA).
(2) (3) The chief executive shall not issue a deduction notice under subsection (1) unless the chief executive has taken all reason- able steps to recover the debt, but nothing in this subsection shall require the chief executive to take proceedings in any court to recover the debt before issuing a deduction notice.
The chief executive shall specify in the deduction notice— (a) whether the deduction is to be made as a lump sum or by instalments; and the time or times by which the person to whom the de- duction notice is issued must pay the amounts deducted to the department; and (b) 285 Part 1 s 86A Social Security Act 1964 Reprinted as at 27 July 2012 (c) the date on which the deduction notice shall take effect, being a date not earlier than the date on which it was issued.
The chief executive may revoke a deduction notice at any time by giving notice in writing to the person to whom the de- duction notice was issued, or by issuing a new deduction no- tice, and, at the request of the debtor, the chief executive shall revoke the deduction notice if he or she is satisfied that the amount due has been paid.

The chief executive shall issue a copy of the deduction notice to the debtor at his or her last known place of residence or business.
Every person to whom a deduction notice is issued shall, on re- quest, issue to the debtor a statement in writing of any amount deducted, and of the purpose for which it was made.

Every deduction notice shall be subject to sections 86G to 86I.

Section 86A: replaced, on 30 June 1993, by section 26 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
Section 86A(1): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 86A(1): amended, on 17 September 1997, by section 23(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 86A(1A): inserted, on 17 September 1997, by section 23(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 86A(1A): amended, on 1 January 2011, by section 58 of the Limitation Act 2010 (2010 No 110).

Section 86A(1B): replaced, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

Section 86A(1B): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 86A(1C): inserted, on 17 September 1997, by section 23(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 86A(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 86A(3): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 86A(4): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
(4) (5) (6) (7) 286 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 86D Section 86A(5): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
86B Issue of deduction notice to State sector employer Where a debtor is employed within a department (within the meaning of the State Sector Act 1988), a deduction notice may be issued under section 86A(1) to the chief executive of that department in respect of any salary or wages payable to the debtor.

Section 86B: replaced, on 30 June 1993, by section 26 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
86C Discharge of debt Where a person to whom a deduction notice has been issued deducts, pursuant to the notice, any money payable to a debtor, the debtor is, to the extent of the amount deducted, discharged from his or her debt due to the Crown under section 86.

Section 86C: replaced, on 30 June 1993, by section 26 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
86D Deduction notices issued on banks (1) Where the person to whom the deduction notice is issued is a bank, any money held by the bank to the credit of the debtor shall be subject to the provisions of section 86A(1); and, dur- ing the subsistence of the deduction notice, the amount re- coverable from the debtor shall be deemed to be held in trust for the Crown and, without prejudice to any other remedies against the debtor or any other person, any such amount shall be held in trust for the Crown and shall be recoverable from the bank under section 86 as if it were money payable under a benefit to which the debtor was not entitled.
For the purposes of this section, bank means a bank within the meaning of the Banking Act 1982, a credit union within the meaning of the Friendly Societies and Credit Unions Act 1982, and a building society within the meaning of the Building Societies Act 1965; but does not include the Reserve Bank of New Zealand established under the Reserve Bank of New Zealand Act 1989 (except in relation to an account maintained by that bank for an employee of the bank).
(2) 287 Part 1 s 86E Social Security Act 1964 Reprinted as at 27 July 2012 (3) (4) For the purposes of this section, money held by the bank to the credit of the debtor includes interest on any money that is on deposit or deposited with a bank to the credit of the debtor, whether or not— (a) (b) the deposit or depositing is on current account: the money is to be at interest at a fixed term or without limitation of time: the debtor has made any application to withdraw or up- lift the money.
(c) (b) For the purposes of this section, money— (a) that is held in a joint bank account in the name of the debtor and 1 or more other persons; and that can be withdrawn from the account by or on behalf of the debtor without a signature being required at the time of that withdrawal from, or on behalf of, the other person or persons— is deemed to be money that is on deposit with a bank to the credit of the debtor.
Section 86D: replaced, on 30 June 1993, by section 26 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
86E Deductions held in trust (b) Any person who makes a deduction pursuant to a deduction notice shall be deemed to be acting— (a) on the authority of the debtor and any other person con- cerned; and neither the debtor nor that person shall have any claim against the person making the deduction, or the Crown, in respect of that deduction; and on behalf of the Crown; and, without prejudice to any other remedies against the debtor or any other person, any amounts deducted shall be held in trust for the Crown and shall be recoverable under section 86 as if it were money payable under a benefit to which the person who made the deduction was not entitled.
Section 86E: replaced, on 30 June 1993, by section 26 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
288 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 86G 86F Offences in relation to deduction notices Every person commits an offence and shall be liable on sum- mary conviction to a fine not exceeding $2,000 who— (a) fails to make any deduction required by a deduction notice; or fails, after making a deduction, to pay the amount de- ducted to the department within the time specified in the notice; or permits payment to or on behalf of any person, other than the department, of any amount held in trust for the Crown under section 86D or section 86E.
(b) (c) Section 86F: replaced, on 30 June 1993, by section 26 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
(2) 86G Protected earnings (1) Notwithstanding anything in sections 86A to 86F and 86H and 86I, where a deduction notice is issued to an employer of a debtor, the employer shall not, in making deductions under the deduction notice, reduce the amount paid to the debtor by way of salary or wages in respect of any week to an amount that is less than 60% of the amount calculated as being the debtor’s net ordinary weekly pay for a week.
For the purposes of this section, the debtor’s ordinary weekly pay for a week is the balance left after deducting from the debtor’s ordinary weekly pay (as defined in section 8 of the Holidays Act 2003) the amount of tax required to be withheld or deducted in accordance with the PAYE rules of the Income Tax Act 2007 if that ordinary weekly pay were the only salary or wages paid to the debtor by the employer in respect of a week.
Section 86G: replaced, on 30 June 1993, by section 26 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

Section 86G(1): amended, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).

Section 86G(2): replaced, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).
Section 86G(2): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
289 Part 1 s 86H Social Security Act 1964 Reprinted as at 27 July 2012 86H Variation or discharge of deduction notice (1) If a person to whom a deduction notice is issued or a debtor considers that a deduction notice has been issued in error, or contains an error, that person or the debtor may bring the mat- ter to the notice of the office of the department from which the notice was issued.
If the matter is not rectified to the satisfaction of that person or the debtor, as the case may require, within 5 working days after the day on which that person or the debtor brings the matter to the notice of that office of the department, that person or the debtor may apply ex parte to the Registrar of a District Court for the variation or discharge of the notice.
(2) (4) (3) Where the Registrar is satisfied that an error has been made and the notice ought to be varied or discharged, the Registrar may vary or discharge the notice.

The variation or discharge shall take effect when notice of it is served on the person in accordance with section 86J.

The Registrar shall forthwith send a copy of the variation or discharge of the notice by registered letter to the office of the department from which the notice was issued.
Section 86H: replaced, on 30 June 1993, by section 26 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
(5) 86I Penalty for late deductions (1) Where any person to whom a deduction notice has been issued fails wholly or in part to— (a) make any deduction required to be made by the notice; (b) or pay any amount deducted pursuant to the notice to the department by the time specified in the notice,— that person shall be liable to pay to the department a penalty calculated as follows: (c) on the amount in default, the greater of 10% of that amount or $5: for each additional month or part of a month the amount in default or any part thereof that has not been deducted or, as the case may be, has not been paid to the de- partment, a further penalty of the greater of 2% of that amount or part thereof or $1.
(d) 290 Reprinted as at 27 July 2012 Social Security Act 1964 Part 1 s 86J (2) Where any penalty is payable by any person under subsection (1), the chief executive, in his or her discretion, may remit the whole or part of that penalty where he or she is satisfied that the failure to make the deduction or make the payment was due to circumstances reasonably beyond the person’s control, or that in all circumstances, the imposition of that penalty would be inequitable; and, where the debtor has already paid any penalty under this section, the chief executive may refund any excess.
(3) An amount payable to the department under subsection (1) may be recovered under section 86 as if it were money payable under a benefit to which the person was not entitled.

Section 86I: replaced, on 30 June 1993, by section 26 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

Section 86I(2): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
86J Notices (1) Every notice given to any person under this Act may be given by delivering it to that person— (a) in the case of a natural person (other than an officer or employee in the service of the Crown in his or her official capacity)— personally; or (i) by leaving it at that person’s usual or last known (ii) place of residence or business or at the address specified by that person in any application or other document received from that person; or by posting it in a letter addressed to that person at that place of residence or business or at that address: (iii) (b) in the case of any other person, including an officer or employee in the service of the Crown in his or her offi- cial capacity,— (i) (ii) (iii) where applicable, personally; or by leaving it at that person’s place of business; or by posting it in a letter addressed to that person at that place of business.
(2) If any such notice is sent to any person by post, then, in the absence of evidence to the contrary, the notice shall be deemed 291 Part 1 s 86K Social Security Act 1964 Reprinted as at 27 July 2012 to have been received by that person on the fourth day after the day on which it is posted, and, in proving the delivery, it shall be sufficient to prove the letter was properly addressed and posted.
Section 86J: replaced, on 30 June 1993, by section 26 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

Section 86J(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
86K Validation of benefit payments and other payments in (1) (2) respect of certain children in care This section applies to any payment before the commencement of this section of a benefit or other assistance under this Act to a person in respect of a child who is a dependent child within the meaning of paragraph (c) of the definition of that term in section 3(1) (as that definition was substituted by section 4(1) of the Social Security (New Work Tests, Incentives, and Obli- gations) Amendment Act 2010).
The payment must be taken to be, and to always have been, as valid and authorised as if that definition were in force, and applied in respect of the payment, when it was made.

Section 86K: replaced, on 24 August 2010, by section 17 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Part 1A Family care grants [Repealed] Part 1A: repealed, on 1 October 1986, by section 17(1)(a) of the Social Security Amendment Act 1986 (1986 No 39).
86L Renewal of family care grants [Repealed] Section 86L: repealed, on 1 October 1986, by section 17(1)(a) of the Social Security Amendment Act 1986 (1986 No 39).

292 Reprinted as at 27 July 2012 Social Security Act 1964 Part 2 s 88 86M Duty to advise change of circumstances, etc, affecting entitlement to grant [Repealed] Section 86M: repealed, on 1 October 1986, by section 17(1)(a) of the Social Security Amendment Act 1986 (1986 No 39).
86N Method of ascertaining income [Repealed] Section 86N: repealed, on 1 October 1986, by section 17(1)(a) of the Social Security Amendment Act 1986 (1986 No 39).

86O Overpayments [Repealed] Section 86O: repealed, on 1 October 1986, by section 17(1)(a) of the Social Security Amendment Act 1986 (1986 No 39).

86P Application to family care grants of certain provisions of Part 1 [Repealed] Section 86P: repealed, on 1 October 1986, by section 17(1)(a) of the Social Security Amendment Act 1986 (1986 No 39).
Part 2 Unemployment benefit and work testing Part 2: replaced, on 1 October 1998, by section 53 of the Social Security Amendment Act 1998 (1998 No 19).

Part 2 heading: replaced, on 1 July 2001, by section 19 of the Social Security Amendment Act 2001 (2001 No 1).

87 88 Purposes of this Part [Repealed] Section 87: repealed, on 1 July 2001, by section 19 of the Social Security Amendment Act 2001 (2001 No 1).
Overview of this Part [Repealed] Section 88: repealed, on 1 July 2001, by section 19 of the Social Security Amendment Act 2001 (2001 No 1).
293 Part 2 s 88A Social Security Act 1964 Reprinted as at 27 July 2012 88A Interpretation In this Part, unless the context otherwise requires,— job-search activity means an activity undertaken by a work- tested beneficiary for the purpose of seeking or obtaining em- ployment recognised community activity means voluntary work voluntary work means work undertaken by a person for no re- muneration (other than any reimbursement of direct expenses) for a non-profit community organisation or other person, and that is of benefit to the community; but does not include activ- ities in the community, or work undertaken as part of a work experience or work exploration activity.
Section 88A: inserted, on 1 July 2001, by section 19 of the Social Security Amendment Act 2001 (2001 No 1).

Section 88A activity in the community: repealed, on 2 July 2007, by section 14(1)(a) of the Social Security Amendment Act 2007 (2007 No 20).

Section 88A job seeker agreement: repealed, on 27 September 2010, by sec- tion 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 88A job seeker development activity: repealed, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 88A recognised community activity: amended, on 2 July 2007, by section 14(1)(b) of the Social Security Amendment Act 2007 (2007 No 20).

Unemployment benefit Heading: inserted, on 1 July 2001, by section 19 of the Social Security Amend- ment Act 2001 (2001 No 1).
89 Unemployment benefit: standard eligibility requirements (1) A person is entitled to an unemployment benefit if he or she satisfies the criteria in subsections (2), (3), and (4), and— (a) is seeking it; and is available for it; and is willing and able to undertake it; and has taken reasonable steps to find it; or is not in full-time employment, but— (i) (ii) (iii) (iv) [Repealed] [Repealed] (b) (c) (2) An applicant for an unemployment benefit must be— 294 Reprinted as at 27 July 2012 Social Security Act 1964 Part 2 s 89 (a) (b) aged 18 years or over; or aged 16 years or over, be married or in a civil union or in a de facto relationship, and have 1 or more dependent children.
(3) An applicant for an unemployment benefit must meet the resi- dential requirements in section 74AA.

(4) An applicant for an unemployment benefit must have— (a) (b) no income; or an income of less than the amount that would fully abate the benefit.
(5) Nothing in subsection (4) affects the entitlement of a person to receive an unemployment benefit if, during a temporary period, the person has income sufficient to fully abate the bene- fit but the person otherwise fulfils the conditions of entitlement to the benefit.

[Repealed] Section 89: replaced, on 1 October 1998, by section 53 of the Social Security Amendment Act 1998 (1998 No 19).
(6) Section 89 heading: amended, on 1 July 2001, by section 20(6) of the Social Security Amendment Act 2001 (2001 No 1).

Section 89(1): amended, on 1 July 2001, by section 20(5) of the Social Security Amendment Act 2001 (2001 No 1).

Section 89(1)(b): repealed, on 1 July 2001, by section 20(1) of the Social Se- curity Amendment Act 2001 (2001 No 1).

Section 89(1)(c): repealed, on 1 July 2001, by section 20(1) of the Social Se- curity Amendment Act 2001 (2001 No 1).
Section 89(2): amended, on 1 July 2001, by section 20(5) of the Social Security Amendment Act 2001 (2001 No 1).

Section 89(2)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 89(2)(b): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 89(3): amended, on 2 July 2007, by section 10(2) of the Social Security Amendment Act 2007 (2007 No 20).
Section 89(4): amended, on 1 July 2001, by section 20(5) of the Social Security Amendment Act 2001 (2001 No 1).

Section 89(3): amended, on 1 July 2001, by section 20(5) of the Social Security Amendment Act 2001 (2001 No 1).

Section 89(4)(b): amended, on 1 July 2001, by section 20(2) of the Social Se- curity Amendment Act 2001 (2001 No 1).

Section 89(5): amended, on 1 July 2001, by section 20(3)(a) of the Social Se- curity Amendment Act 2001 (2001 No 1).
295 Part 2 s 90 Social Security Act 1964 Reprinted as at 27 July 2012 Section 89(5): amended, on 1 July 2001, by section 20(3)(b) of the Social Se- curity Amendment Act 2001 (2001 No 1).

Section 89(5): amended, on 1 July 2001, by section 20(5) of the Social Security Amendment Act 2001 (2001 No 1).

Section 89(6): repealed, on 1 July 2001, by section 20(6) of the Social Security Amendment Act 2001 (2001 No 1).
90 (1) Unemployment benefit: grounds of hardship The chief executive may grant an unemployment benefit under section 89 to a person who meets the criteria in section 89(1) and (2), but who does not meet the other criteria in that section, if— (a) (b) the person is suffering hardship; and the person is not qualified to receive any other benefit; and the person is unable to earn sufficient income to support the person and his or her spouse or partner and any de- pendent children.
(c) (2) Despite section 91, the chief executive may, during the period between the end of one academic year and the start of the next, grant an unemployment benefit under section 89 to a full-time student.
(3) Despite section 91, the chief executive may, during the period between the end of one academic year and the start of the next, grant an unemployment benefit under section 89 to a full-time student who is aged 16 or 17 if the chief executive is satisfied that— (a) (b) section 60FA(1)(b) applies to the student; or the student is married or in a civil union or in a de facto relationship.

Section 90: replaced, on 1 October 1998, by section 53 of the Social Security Amendment Act 1998 (1998 No 19).
Section 90 heading: amended, on 1 July 2001, by section 21(4) of the Social Security Amendment Act 2001 (2001 No 1).

Section 90(1): amended, on 1 July 2001, by section 21(1) of the Social Security Amendment Act 2001 (2001 No 1).

Section 90(1): amended, on 1 July 2001, by section 21(2) of the Social Security Amendment Act 2001 (2001 No 1).

Section 90(1)(c): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
296 Reprinted as at 27 July 2012 Social Security Act 1964 Part 2 s 92 Section 90(2): amended, on 1 July 2001, by section 21(2) of the Social Security Amendment Act 2001 (2001 No 1).

Section 90(3): inserted, on 1 July 2001, by section 21(3) of the Social Security Amendment Act 2001 (2001 No 1).

Section 90(3)(b): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 90(3)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Unemployment benefit: ineligibility 91 (1) No person is eligible to be granted an unemployment benefit if he or she— (a) (b) (c) is a full-time student (other than in the situation de- scribed in section 90(2) or (3)); or is unemployed because of a strike undertaken by him- self or herself, or by fellow members of the same union at the same place of employment; or became unemployed or took leave with or without pay from the person’s employment for the purpose, in the opinion of the chief executive, of undertaking employ- ment-related training.
(2) [Repealed] Section 91: replaced, on 1 October 1998, by section 53 of the Social Security Amendment Act 1998 (1998 No 19).

Section 91 heading: amended, on 1 July 2001, by section 22(5) of the Social Security Amendment Act 2001 (2001 No 1).

Section 91(1): amended, on 1 July 2001, by section 22(2) of the Social Security Amendment Act 2001 (2001 No 1).

Section 91(1)(a): amended, on 1 July 2001, by section 22(1) of the Social Se- curity Amendment Act 2001 (2001 No 1).
Section 91(1)(b): amended, on 2 October 2000, by section 240 of the Employ- ment Relations Act 2000 (2000 No 24).

Section 91(2): repealed, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

92 Community wage: application on grounds of sickness, injury, or disability [Repealed] Section 92: repealed, on 1 July 2001, by section 23 of the Social Security Amendment Act 2001 (2001 No 1).
297 Part 2 s 93 Social Security Act 1964 Reprinted as at 27 July 2012 93 Community wage: determination of application [Repealed] Section 93: repealed, on 1 July 2001, by section 23 of the Social Security Amendment Act 2001 (2001 No 1).

93A Additional fees for general medical services on public holidays and at night [Repealed] Section 93A: repealed, on 1 October 1986, by section 21(1) of the Social Se- curity Amendment Act 1986 (1986 No 39).
94 Community wage: job seeker contract [Repealed] Section 94: repealed, on 1 July 2001, by section 23 of the Social Security Amendment Act 2001 (2001 No 1).

94A Rural practice bonuses [Repealed] Section 94A: repealed, on 1 October 1986, by section 21(1) of the Social Se- curity Amendment Act 1986 (1986 No 39).

95 96 Job seeker contract for other beneficiaries [Repealed] Section 95: repealed, on 1 July 2001, by section 23 of the Social Security Amendment Act 2001 (2001 No 1).
Community wage: not payable until job seeker contract signed [Repealed] Section 96: repealed, on 1 July 2001, by section 23 of the Social Security Amendment Act 2001 (2001 No 1).

96A Unemployment benefit: pre-benefit activities (1) This section applies to a person who contacts the department requesting financial assistance on or after the commencement of this section.
If the chief executive considers that the appropriate financial assistance for the person would be an unemployment bene- (2) 298 Reprinted as at 27 July 2012 Social Security Act 1964 Part 2 s 96A fit, the chief executive may (for the purpose stated in section 1A(a)(ii)) require him or her to do any or all of the following: undertake 1 or more stated pre-benefit activities: (a) at any time before an unemployment benefit com- (b) mences, attend and participate in any interview for an opportunity of suitable employment to which the person is referred by the chief executive: at any time before an unemployment benefit com- mences, accept any offer of suitable employment (whether or not the offer results from an interview of the kind described in paragraph (b)).
(c) (7) (5) (6) (3) A requirement under subsection (2) may be oral or written.

(4) A pre-benefit activity stated under subsection (2)(a) must be available for the person to undertake not later than 10 working days after the date of first contact.

The chief executive is not required to investigate the person’s claim for an unemployment benefit under section 12 unless satisfied that the person has undertaken any required pre-bene- fit activities.
Subsection (5) applies whether or not the person has com- pleted the form of application for an unemployment benefit.

If the person fails to undertake any required pre-benefit activ- ities within 20 working days after the date of first contact, any application for an unemployment benefit the person has made lapses.

Subsection (7) overrides section 11D(7).


This subsection applies to a person if the chief executive con- siders that he or she has, without a good and sufficient reason, failed to comply with a requirement under paragraph (b) or (c) of subsection (2).

If subsection (9) applies to a person, the chief executive must, as the case requires,— (a) (b) refuse to grant the person an unemployment benefit; or terminate any grant of unemployment benefit already made to the person.
(11) This subsection applies to a person if— (8) (9) (10) (a) his or her application for an unemployment benefit has lapsed under subsection (7); or 299 Part 2 s 96B Social Security Act 1964 Reprinted as at 27 July 2012 (b) (c) he or she has been refused an unemployment benefit under subsection (10)(a); or his or her grant of unemployment benefit has been ter- minated under subsection (10)(b).
(12) A person to whom subsection (11) applies cannot become en- titled to an unemployment benefit without applying for it again and establishing his or her eligibility to receive it.
In this section, pre-benefit activity— (a) means any of the following: (13) (i) (ii) (iii) (iv) (v) attending and participating in an employment re- lated seminar provided by the department, or by any other person approved by the chief executive for the purpose: attending and participating in employment re- lated training approved by the chief executive for the purpose: attending and participating in any interview with an officer of the department: completing any self-assessment or planning re- quired by the chief executive: any other activity specified in regulations under section 132J; but does not include activity in the community.
(b) Section 96A: inserted, on 24 September 2007, by section 38 of the Social Se- curity Amendment Act 2007 (2007 No 20).

Section 96A(8): amended, on 7 July 2010, by section 14 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).
96B Department must explain obligations in relation to pre-benefit activities The chief executive must take reasonable and appropriate steps to make every person on whom requirements are placed under section 96A(2) aware of— (a) the person’s obligations in relation to the requirements; and the consequences of failure to comply with the require- ments.

(b) Section 96B: inserted, on 24 September 2007, by section 38 of the Social Se- curity Amendment Act 2007 (2007 No 20).
300 Reprinted as at 27 July 2012 Social Security Act 1964 Part 2 s 98 Unemployment benefit: obligations on beneficiaries 97 (1) A person granted an unemployment benefit is subject to the work test from the time that payment of the unemployment benefit commences.
From the time that payment of an unemployment benefit com- mences, the spouse or partner of a person granted an unem- ployment benefit at a work-tested married rate— (a) must comply with— (2) (i) (ii) a requirement under section 60Q; and any other obligation arising under any of sections 60Q to 60S; or (b) if he or she is a work-tested spouse or partner, must comply with the work test.

Section 97: replaced, on 1 July 2001, by section 24 of the Social Security Amendment Act 2001 (2001 No 1).
Section 97(2): replaced, on 24 September 2007, by section 39 of the Social Security Amendment Act 2007 (2007 No 20).

97A Immunisation benefit [Repealed] Section 97A: repealed, on 1 October 1986, by section 21(1) of the Social Se- curity Amendment Act 1986 (1986 No 39).

98 (1) Unemployment benefit: payment Payment of an unemployment benefit commences in accord- ance with section 80.

(2) An unemployment benefit must be paid in weekly instalments, (3) (4) (5) in accordance with section 82.
[Repealed] [Repealed] Payment of an unemployment benefit may be suspended or cancelled in accordance with sections 80 to 82.

This provision does not limit any other provision in this Act.

Section 98: replaced, on 1 July 2001, by section 25 of the Social Security Amendment Act 2001 (2001 No 1).

Section 98(3): repealed, on 2 July 2007, by section 13(2) of the Social Security Amendment Act 2007 (2007 No 20).
Section 98(4): repealed, on 2 July 2007, by section 13(2) of the Social Security Amendment Act 2007 (2007 No 20).

301 Part 2 s 99 Social Security Act 1964 Reprinted as at 27 July 2012 Unemployment benefit: rates 99 (1) An unemployment benefit must be paid to a person granted the benefit at the appropriate rate in Schedule 9.
[Repealed] If no payment is made under this section in respect of the spouse or partner of a person granted an unemployment bene- fit, the chief executive may increase the rate of unemployment benefit payable to a beneficiary by an amount not exceeding the amount specified in clause 2 of Schedule 9 in respect of any person who for the time being has the care of the home of the beneficiary.
If an applicant for an unemployment benefit has a spouse or partner who is ineligible for a benefit because of— (a) the application of section 60H (which relates to volun- tary unemployment or loss of employment through mis- conduct etc); or the application of section 117 (which relates to sanc- tions that may be imposed for failures to comply with work test or other obligations and work preparation in- terviews and exercises); or a strike, either by himself or herself, or by fellow mem- bers of the same union at the same place of employ- ment,— (ab) (b) then the rate of unemployment benefit that the applicant is en- titled to receive during the period of non-entitlement of the spouse or partner is the appropriate rate in clause 5 of Sched- ule 9.
Section 99: replaced, on 1 October 1998, by section 53 of the Social Security Amendment Act 1998 (1998 No 19).

Section 99 heading: amended, on 1 July 2001, by section 26(6) of the Social Security Amendment Act 2001 (2001 No 1).

Section 99(1): amended, on 1 July 2001, by section 26(1)(a) of the Social Se- curity Amendment Act 2001 (2001 No 1).

Section 99(1): amended, on 1 July 2001, by section 26(1)(b) of the Social Se- curity Amendment Act 2001 (2001 No 1).
Section 99(2): repealed, on 1 July 2001, by section 26(2) of the Social Security Amendment Act 2001 (2001 No 1).

Section 99(3): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

(2) (3) (4) 302 Reprinted as at 27 July 2012 Social Security Act 1964 Part 2 s 99AA Section 99(3): amended, on 1 July 2001, by section 26(3)(a) of the Social Se- curity Amendment Act 2001 (2001 No 1).
Section 99(3): amended, on 1 July 2001, by section 26(3)(b) of the Social Se- curity Amendment Act 2001 (2001 No 1).

Section 99(3): amended, on 1 July 2001, by section 26(3)(c) of the Social Se- curity Amendment Act 2001 (2001 No 1).

Section 99(4): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 99(4): amended, on 1 July 2001, by section 26(4)(a) of the Social Se- curity Amendment Act 2001 (2001 No 1).
Section 99(4): amended, on 1 July 2001, by section 26(4)(b) of the Social Se- curity Amendment Act 2001 (2001 No 1).

Section 99(4)(ab): inserted, on 15 April 2005, by section 13 of the Social Se- curity (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 99(4)(ab): amended, on 24 September 2007, by section 42(6) of the Social Security Amendment Act 2007 (2007 No 20).

Section 99(4)(b): amended, on 1 July 2001, by section 26(5) of the Social Se- curity Amendment Act 2001 (2001 No 1).
99AA Unemployment benefit: expiry (1) If it has not ceased earlier, an unemployment beneficiary’s en- titlement to the unemployment benefit ceases on the expiry date for that benefit (as defined in subsection (5)), and the benefit expires on that date (but an unemployment benefit may be re-granted under section 99AB if the beneficiary reapplies for the benefit in accordance with that section).
The chief executive must, not less than 20 working days before the expiry date for an unemployment benefit, give notice to the beneficiary stating— (a) that entitlement to the benefit will cease unless the bene- ficiary reapplies for the benefit and it is re-granted; and the date on which entitlement to the benefit will cease; and what the beneficiary must do to reapply for the benefit and the time within which he or she must do so.
Subsection (2) does not apply if, at the time the chief executive is required to give notice under that subsection, the unemploy- ment benefit— (a) is suspended because the beneficiary is undertaking temporary employment; or (b) (c) (2) (3) 303 Part 2 s 99AB Social Security Act 1964 Reprinted as at 27 July 2012 (b) (c) is not for the time being payable under this Act (for example, under section 76 or 77); or is suspended under any provision of this Act other than section 117.
(5) (4) However, if at any time before the expiry date for the benefit any of the circumstances described in subsection (3) no longer exist, then the chief executive must, as soon as practicable, take reasonable steps to advise the beneficiary of the matters set out in paragraphs (a) to (c) of subsection (2).
In this section and in section 99AB,— expiry date, in relation to an unemployment benefit, means the day that is the 12-month anniversary of the date on which the benefit commenced or last commenced, as the case may be unemployment beneficiary means— (a) a person who has been granted an unemployment bene- fit under section 89; or a person who has been re-granted an unemployment benefit under section 99AB.
(b) Section 99AA: inserted, on 27 September 2010, by section 18 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
99AB Unemployment benefit: requirements for re-grant (1) No unemployment benefit may be re-granted under this sec- tion to a person to whom section 99AA applies unless— (a) the department has received— (i) a reapplication form (provided by the chief ex- ecutive for the purpose) completed by or on be- half of the beneficiary and his or her spouse or partner (if any) to the chief executive’s satisfac- tion; and any supporting evidence reasonably required by the chief executive; and (ii) (b) the beneficiary and the beneficiary’s work-tested spouse or partner (if any) have participated, to the satisfaction of the chief executive, in a comprehensive work assess- ment of a kind specified by the chief executive.
(2) Subsection (1)(b) is subject to subsection (8).
304 Reprinted as at 27 July 2012 Social Security Act 1964 Part 2 s 99AB (3) (4) (5) If, in relation to a person, the requirements of subsection (1) are completed on or before the expiry date for the person’s unemployment benefit,— (a) the chief executive must re-grant the person’s unem- ployment benefit if the chief executive is satisfied that the person meets or continues to meet the eligibility cri- teria for the benefit set out in section 89: if re-granted, the benefit commences on that expiry date.
(b) If, in relation to a person, the requirements of subsection (1) are completed after, but within 20 working days after, the expiry date for the person’s unemployment benefit, and the chief executive is satisfied that there were exceptional circum- stances why those requirements could not have been com- pleted on or before that date,— (a) the chief executive must re-grant the person’s unem- ployment benefit if the chief executive is satisfied that— the person meets the eligibility criteria for the (i) benefit set out in section 89; and after that expiry date, and unless exceptional cir- cumstances prevented the person from doing so, the person continued to— (A) (ii) (B) (C) seek, and be available for, full-time em- ployment; and be willing and able to undertake it; and take reasonable steps to find it: (b) if re-granted, the benefit commences on that expiry date.
If a person intending to reapply for an unemployment benefit contacts the department on or before the expiry date for the person’s unemployment benefit,— (a) the chief executive may set a time (not later than 10 working days after that expiry date) for completing the requirements of subsection (1); and if those requirements are completed within that time, the chief executive may re-grant the benefit under sub- section (4).

(b) Subsections (1) to (5) override section 11D(1).
(6) (7) An unemployment benefit must not be re-granted under this section to a person, and any reapplication form received from or on behalf of that person must be treated as an application 305 Part 2 s 99A Social Security Act 1964 Reprinted as at 27 July 2012 (8) form for the purposes of section 11D(2), if the requirements of subsection (1)— (a) are not completed within 20 working days after the ex- piry date for the person’s unemployment benefit; or (b) were completed within that time but after that expiry date, and the chief executive is satisfied that there were no exceptional circumstances why those requirements could not have been completed on or before that expiry date.
For the purposes of this section, a failure of a beneficiary’s work-tested spouse or partner to participate in a comprehen- sive work assessment in accordance with subsection (1)(b)— (a) must not be treated as a failure to complete the require- ments of subsection (1); but (b) must be treated as a failure by that spouse or partner to comply with his or her work test obligations.
Section 99AB: inserted, on 27 September 2010, by section 18 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
99A Transfer from community wage to unemployment benefit (1) on 1 July 2001 This section applies to a person who, immediately before 1 July 2001, was— (a) in receipt of a community wage on a ground other than the person’s sickness, injury, or disability; and either— (i) was fulfilling the conditions of entitlement to the community wage; or (b) (ii) was eligible to be granted a community wage under former section 90.
(3) (2) On 1 July 2001, in relation to a person to whom this section ap- plies, the community wage becomes an unemployment benefit as if it were granted under section 89.
For the avoidance of doubt, the operation of subsection (2) does not affect, in relation to a person to whom this section applies and his or her spouse (if any),— the rate of benefit paid; and (a) the obligations under section 97; and (b) 306 Reprinted as at 27 July 2012 Social Security Act 1964 Part 2 s 101 (c) (d) (e) any requirement to undertake an organised activity under former section 111; and any exemption from the work test under section 105; and a sanction applying under any of former sections 115 to 118.
(4) In this section, former section means a section of this Act as it was before 1 July 2001.

Section 99A: inserted, on 1 July 2001, by section 27 of the Social Security Amendment Act 2001 (2001 No 1).

100 Department’s obligations in respect of work testing and community wage [Repealed] Section 100: repealed, on 1 July 2001, by section 28 of the Social Security Amendment Act 2001 (2001 No 1).
100A Extension of power of use by Crown of patented invention [Repealed] Section 100A: repealed, on 1 July 1993, by section 24(1) of the Health Sector (Transfers) Act 1993 (1993 No 23).

Work test Heading: replaced, on 1 October 1998, by section 7 of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).
101 Purpose of sections 102 to 123D The purpose of sections 102 to 123D is— (a) to ensure that work-tested beneficiaries maintain an un- relenting focus on entering, or returning to, employ- ment: to reinforce the continuing obligation of work-tested beneficiaries to take reasonable steps to support them- selves and their families: to identify the activities that work-tested beneficiaries may be required to undertake to meet their obligations arising from work-tested benefits being paid in respect of them: (b) (c) 307 Part 2 s 102 Social Security Act 1964 Reprinted as at 27 July 2012 (d) to provide a work test structure applying to all work- tested beneficiaries that is sufficiently flexible to take account of an individual beneficiary’s circumstances.
Section 101: replaced, on 27 September 2010, by section 19 of the Social Se- curity (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
102 Application of work test (1) The work test applies to a person while he or she is a work- tested beneficiary, and unless subsection (2) applies, the per- son is subject to the obligations of the work test set out in sec- tion 102A from,— (a) in the case of a work-tested sickness beneficiary, the date specified in the chief executive’s notice under sec- tion 54DA(1); or in any other case, the date on which the work-tested benefit is first paid.
(b) (2) The work test does not apply to a work-tested beneficiary if the chief executive is satisfied that the beneficiary is undertaking employment of the kind required to satisfy the work test for that beneficiary.

(3) A work test obligation set out in section 102A applies on— (a) (b) a day that is a day between Monday and Friday (inclu- sive); or a day of the week on which regulations under this Act provide (in relation to the obligation, obligations that include it, or all obligations) that it applies.
Section 102: replaced, on 27 September 2010, by section 20 of the Social Se- curity (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 102(1): replaced, on 2 May 2011, by section 8(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
102A Work test obligations (1) The work test obligations are— (a) to be available for, and take reasonable steps to obtain, suitable employment; and 308 Reprinted as at 27 July 2012 Social Security Act 1964 Part 2 s 102A (b) (c) to accept any offer of suitable employment, including temporary employment or employment that is seasonal or subsidised; and to attend and participate in an interview for any oppor- tunity of suitable employment to which the beneficiary is referred by the chief executive; and (e) (d) when required by the chief executive, to attend and par- ticipate in any interview with an officer of the depart- ment or other person on behalf of the chief executive; and when required by the chief executive, to undertake plan- ning for employment; and when required by the chief executive, to participate in or, as the case requires, undertake any of the following activities that the chief executive considers suitable for the beneficiary to improve the beneficiary’s work-readi- ness or prospects for employment: (i) (f) (ii) (iii) (iv) (v) any work assessment specified by the chief ex- ecutive: any programme or seminar specified by the chief executive to increase particular skills or enhance motivation: a work experience or work exploration activity specified by the chief executive: employment-related training specified by the chief executive: any other activity specified by the chief executive (including rehabilitation but not medical treat- ment); and (g) (h) to report to the department on his or her
 compliance with his or her work test obligations as often, and in the manner, as the chief executive from time to time reasonably requires; and in the case of a person in respect of whom a job seeker agreement was in force immediately before the com- mencement of section 23 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010, and until directed otherwise by the chief ex- ecutive,— 309 Part 2 s 103 Social Security Act 1964 Reprinted as at 27 July 2012 (i) (ii) (iii) to undertake the job-search activities set out in the agreement; and to undertake and complete any job seeker de- velopment activity or recognised community ac- tivity described in the agreement (subject to the chief executive’s taking reasonable steps to ar- range for the person to undertake the activity); and to undertake and complete any other activities set out in the agreement.
(2) Subsection (1)(f) applies whether or not a beneficiary is sub- ject to a sanction for failing to comply with the work test.

(4) (3) A person cannot be required under subsection (1) to undertake activity in the community (whether or not it is included in a job seeker agreement that continues to apply to him or her under subsection (1)(h)).
The failure by a beneficiary to undertake or complete a recog- nised community activity or activity in the community, as set out in a job seeker agreement that continues to apply to him or her, is not a failure to comply with a work test obligation for the purpose of section 115(1)(a).

If the chief executive requires a beneficiary to undertake an activity under subsection (1)(f), the chief executive must take reasonable steps to arrange for the beneficiary to undertake that activity.
Section 102A: replaced, on 27 September 2010, by section 20 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

(5) 103 Delayed application of work test: age of dependent child [Repealed] Section 103: repealed, on 27 September 2010, by section 21 of the Social Se- curity (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
104 Delayed application of work test: bereavement or separation [Repealed] Section 104: repealed, on 10 March 2003, by section 25 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).
310 Reprinted as at 27 July 2012 Social Security Act 1964 Part 2 s 105 104A Transitional provision dealing with deferrals (1) This section applies to a work-tested beneficiary who, imme- diately before 1 July 2001, was subject to a deferral of work test obligations granted under section 107 of the principal Act before its repeal on that date.
(2) On and after 1 July 2001, the deferral becomes an exemption from the work test as if the exemption were granted under section 105 and,— (a) (c) (b) if the deferral was granted for a time, that time applies to the exemption; and if the deferral was granted on conditions, those condi- tions apply to the exemption; and if, in granting the deferral, the chief executive required the person to participate in 1 or more organised activ- ities, that requirement continues to apply as if the organ- ised activities were job seeker development activities.
Section 104A: inserted, on 1 July 2001, by section 31 of the Social Security Amendment Act 2001 (2001 No 1).

Section 104A(2)(c): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
(2) 105 Exemption from obligations (1) A person of a category specified in regulations made under section 123D may apply to the chief executive for an exemp- tion from some or all of his or her work test obligations or from complying with section 60HA.

The chief executive may grant the exemption on any ground specified in regulations made for the purpose under section 123D.
Before determining the application, the chief executive may require verification of matters relevant to the application in such manner as the chief executive specifies, either generally or specifically.

(3) (4) An exemption under this section may be granted— (a) (b) (c) for a time set by the chief executive; or on conditions set by the chief executive; or for both a time and on conditions set by the chief execu- tive.
311 Part 2 s 105 Social Security Act 1964 Reprinted as at 27 July 2012 (5) A beneficiary who has been granted an exemption from all of his or her work test obligations may be required to attend an interview with an officer of the department or other person on behalf of the chief executive.

Failure to attend or participate in the interview may result in sanctions under section 117 being imposed.
(6) (5A) A person granted an exemption must notify the chief executive as soon as practicable of any change in the person’s circum- stances that may affect his or her entitlement to the exemption.

The chief executive may from time to time review an exemp- tion granted under this section, and may extend, vary, or re- voke it.

The chief executive may grant an exemption under this section whether or not a formal application is made by or on behalf of the person to whom it relates.
Section 105: replaced, on 1 October 1998, by section 7 of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

(7) Section 105(1): amended, on 27 September 2010, by section 22(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 105(1): amended, on 15 November 2000, by section 5(1) of the Social Security Amendment Act 2000 (2000 No 81).
Section 105(5): replaced, on 1 July 2001, by section 32 of the Social Security Amendment Act 2001 (2001 No 1).

Section 105(5): amended, on 27 September 2010, by section 22(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 105(5A): inserted, on 1 July 2001, by section 32 of the Social Security Amendment Act 2001 (2001 No 1).
Job seeker agreements [Repealed] Heading: repealed, on 27 September 2010, by section 23 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
312 Reprinted as at 27 July 2012 Social Security Act 1964 Part 2 s 105C 105A Description of job seeker agreement and responsibilities arising from it [Repealed] Section 105A: repealed, on 27 September 2010, by section 23 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
105B Entering into and reviewing job seeker agreement [Repealed] Section 105B: repealed, on 27 September 2010, by section 23 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
105C Department to explain to beneficiaries their rights and obligations The chief executive must take reasonable and appropriate steps to make every work-tested beneficiary aware of— (a) his or her obligations arising from payment of a work- tested benefit; and [Repealed] the consequences of failure to comply with the work test and, in particular, the sanctions that may be imposed under section 117; and [Repealed] the beneficiary’s rights under sections 10A and 12J to review and appeal decisions relating to his or her work test obligatiions.
(b) (c) (d) (e) Section 105C: inserted, on 1 July 2001, by section 33 of the Social Security Amendment Act 2001 (2001 No 1).

Section 105C: amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 105C(b): repealed, on 27 September 2010, by section 35(1) of the So- cial Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 105C(d): repealed, on 27 September 2010, by section 35(1) of the So- cial Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 105C(e): amended, on 27 September 2010, by section 35(1) of the So- cial Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
313 Part 2 s 105D Social Security Act 1964 Reprinted as at 27 July 2012 105D Job seeker contracts to have effect as job seeker agreements [Repealed] Section 105D: repealed, on 27 September 2010, by section 23 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Deferral of work-test obligations [Repealed] Heading: repealed, on 1 July 2001, by section 34 of the Social Security Amend- ment Act 2001 (2001 No 1).
106 Application for deferral of work-test obligations [Repealed] Section 106: repealed, on 1 July 2001, by section 34 of the Social Security Amendment Act 2001 (2001 No 1).

107 Chief executive may defer work-test obligations [Repealed] Section 107: repealed, on 1 July 2001, by section 34 of the Social Security Amendment Act 2001 (2001 No 1).

108 Effect of deferral [Repealed] Section 108: repealed, on 1 July 2001, by section 34 of the Social Security Amendment Act 2001 (2001 No 1).
109 Persons who are to notify change of circumstances affecting exemption or deferral [Repealed] Section 109: repealed, on 1 July 2001, by section 34 of the Social Security Amendment Act 2001 (2001 No 1).

Job seeker development activities [Repealed] Heading: repealed, on 27 September 2010, by section 24 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
314 Reprinted as at 27 July 2012 Social Security Act 1964 Part 2 s 111 110 Defining job seeker development activities [Repealed] Section 110: repealed, on 27 September 2010, by section 24 of the Social Secur- ity (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
111 Assistance provided by department (1) If, following a requirement under section 102(2)(f) (before its repeal and substitution by section 20 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010), a beneficiary has included 1 or more job seeker development activities from the list in his or her job seeker agreement, then the chief executive must take reasonable steps to arrange for the beneficiary to undertake those activities.
If a beneficiary’s job seeker agreement includes any other job seeker development activity, then the chief executive may take reasonable steps to arrange for the beneficiary to undertake that activity, but only if the chief executive considers the ac- tivity— (a) (b) If a beneficiary’s job seeker agreement includes a recognised community activity, the chief executive may take reasonable steps to arrange for the beneficiary to undertake the recognised community activity, but only if— (a) is suitable for the circumstances of the beneficiary; and is likely to improve his or her employment prospects.
the chief executive considers the recognised community activity is suitable for the beneficiary to undertake; and there are no job seeker development activities or other activities specified in the agreement that would be more suitable for the beneficiary to undertake.
(b) If a beneficiary’s job seeker agreement specifies other assist- ance that the department will give the beneficiary, then the chief executive must provide that specified assistance, subject to any conditions set out in the job seeker agreement.

This section applies only in respect of a beneficiary to whom section 102A(1)(h) for the time being applies.

Section 111: replaced, on 1 July 2001, by section 35 of the Social Security Amendment Act 2001 (2001 No 1).
315 (2) (3) (4) (5) Part 2 s 112 Social Security Act 1964 Reprinted as at 27 July 2012 Section 111(1): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 111(5): inserted, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
112 Organised activities to have effect as job seeker development activities [Repealed] Section 112: repealed, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Sanctions regime Heading: inserted, on 1 October 1998, by section 7 of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).
113 Procedure for imposing sanctions (1) This section applies where a sanction is to be imposed on a beneficiary under section 117.
(b) (c) (2) Where this section applies, the chief executive must not reduce or suspend or cancel a benefit payable to a beneficiary unless the chief executive has given the beneficiary written notice— stating that the beneficiary has failed to comply with a (a) specified obligation under this Act; and specifying the nature of that non-compliance; and stating that, on the basis of that non-compliance, the chief executive is reducing, suspending, or cancelling the benefit payable to the beneficiary; and specifying a date on which the reduction, suspension or cancellation is to take effect, and, in the case of a reduction, suspension, the nature and duration of the reduction, suspension; and stating that the beneficiary has 5 working days from the giving of the notice to dispute the reduction, suspension or cancellation; and advising the beneficiary to contact the department if the beneficiary wants to dispute or discuss the decision to reduce or suspend or cancel the benefit; and (d) (e) (f) 316 Reprinted as at 27 July 2012 Social Security Act 1964 Part 2 s 114 (3) (g) containing a clear statement of the beneficiary’s right, under section 10A, to apply for a review of the decision, and of the procedure for applying for a review.
The reduction, suspension, or cancellation of the benefit must not take effect before the close of the 5 working days specified in the notice under subsection (2)(e).

Section 113: replaced, on 1 October 1998, by section 7 of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Section 113(1): amended, on 1 July 2001, by section 43(4)(a) of the Social Security Amendment Act 2001 (2001 No 1).
Section 113(1): amended, on 1 July 2001, by section 43(4)(b) of the Social Security Amendment Act 2001 (2001 No 1).

Section 113(2): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 113(2)(c): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 113(2)(c): amended, on 1 July 2001, by section 43(4)(b) of the Social Security Amendment Act 2001 (2001 No 1).

Section 113(2)(d): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 113(2)(d): amended, on 1 July 2001, by section 43(4)(b) of the Social Security Amendment Act 2001 (2001 No 1).
Section 113(2)(e): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 113(2)(e): amended, on 1 July 2001, by section 43(4)(b) of the Social Security Amendment Act 2001 (2001 No 1).

Section 113(2)(f): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 113(2)(f): amended, on 1 July 2001, by section 43(4)(b) of the Social Security Amendment Act 2001 (2001 No 1).

Section 113(3): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 113(3): amended, on 1 July 2001, by section 43(4)(b) of the Social Security Amendment Act 2001 (2001 No 1).
114 Notices A notice may be given under section 113 to a person— by delivering it to that person personally; or (a) 317 Part 2 s 115 Social Security Act 1964 Reprinted as at 27 July 2012 (b) by leaving it— (i) (ii) at that person’s usual or last known place of resi- dence or business; or at the address given by that person in the most re- cent application or other document received from that person,— (c) in which case the notice is given when it is left for that person; or by posting it in a letter addressed to that person at that place of residence or business or at that address, in which case the notice is given when it is posted.
Sections 114: replaced, on 1 October 1998, by section 7 of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).
115 Failure to comply with work test (1) The sanctions in section 117 may be imposed on a beneficiary if the chief executive considers that the beneficiary has, with- out a good and sufficient reason,— (a) in the case of a work-tested beneficiary, failed to comply with any of the work test obligations as set out in section 102; or in the case of a beneficiary granted an exemption from the work test, failed to attend an interview as required under section 105(5).
(b) [Repealed] (2) (3) A beneficiary has a good and sufficient reason for not under- taking or completing an activity if— (a) doing so was dependent upon the provision by the de- partment of any assistance specified by the department; and that assistance was either not supplied, or not supplied to the extent, or in the manner, specified by the depart- ment.
(b) (4) A beneficiary who has 1 or more dependent children has a good and sufficient reason for not participating in or com- pleting any activity required under section 102A(1)(f) or job seeker development activity if the activity involves participa- tion during hours when it would be unreasonable to expect any 318 Reprinted as at 27 July 2012 Social Security Act 1964 Part 2 s 116 dependent child of the person to be without that person’s super- vision.
(5) A full-time work-tested beneficiary who leaves, without good and sufficient reason, or is dismissed for misconduct from, part-time work or employment averaging less than 15 hours a week is treated as someone to whom subsection (1) applies.

(6) A part-time work-tested beneficiary who leaves, without good and sufficient reason, or is dismissed for misconduct from, em- ployment averaging less than 15 hours a week is treated as someone to whom subsection (1) applies.
Section 60H(6) and (7) applies to subsections (5) and (6), with all necessary modifications.

Section 115: replaced, on 1 July 2001, by section 36 of the Social Security Amendment Act 2001 (2001 No 1).

(7) Section 115(2): repealed, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 115(3): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 115(3)(a): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 115(3)(b): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 115(4): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

115A Failure to comply with obligations under section 60GAB The sanctions stated in section 117 must be imposed on a per- son who is required to comply with an obligation under section 60GAB if the chief executive considers that the person has, without a good and sufficient reason, failed to comply with it.
Section 115A: inserted, on 24 September 2007, by section 42(1) of the Social Security Amendment Act 2007 (2007 No 20).

116 Failure to participate in activity under section 60HA [Repealed] Section 116: repealed, on 24 September 2007, by section 32(2)(b) of the Social Security Amendment Act 2007 (2007 No 20).
319 Part 2 s 117 Social Security Act 1964 Reprinted as at 27 July 2012 117 (1) Sanctions that may be imposed for failures The sanctions that the chief executive must apply in respect of failures under section 115 or section 115A are,— (a) for a first failure,— (i) (ii) the person’s benefit must be reduced by 50% until the person recomplies; and if the person has not recomplied within 4 weeks after the date on which the reduction took effect, the person’s benefit must be reduced by a further 50% (so that the total reduction is 100%) until the person recomplies: (b) (c) for a second failure (being a failure that occurs after the person has recomplied following a first failure), suspen- sion of the person’s benefit until the person recomplies: for a third failure (being a failure that occurs after the person has recomplied following a second failure), can- cellation of the benefit.
(a) (2) A person whose benefit is cancelled under subsection (1)(c)— is not entitled to receive any benefit for 13 weeks from the date of cancellation; and if the person wishes to again become entitled to a bene- fit, must apply for the benefit and establish his or her eligibility for it.

(b) Subsection (2) is subject to sections 120 and 121, and to sec- tions 123 to 123B.
If a person’s unemployment benefit is reduced or suspended under subsection (1) and the person is re-granted an unemploy- ment benefit under section 99AB, the reduction or suspension continues to apply to the re-granted unemployment benefit on and after its commencement until the person recomplies.

Section 117: replaced, on 1 July 2001, by section 36 of the Social Security Amendment Act 2001 (2001 No 1).
Section 117(1): amended, on 24 September 2007, by section 42(2) of the Social Security Amendment Act 2007 (2007 No 20).

Section 117(1)(a): replaced, on 27 September 2010, by section 25(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 117(4): inserted, on 27 September 2010, by section 25(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
(3) (4) 320 Reprinted as at 27 July 2012 Social Security Act 1964 Part 2 s 119 118 Penalties for failure to participate in organised activity to satisfaction of chief executive [Repealed] Section 118: repealed, on 1 July 2001, by section 36 of the Social Security Amendment Act 2001 (2001 No 1).
119 Calculation of failure rate (1) (ab) In calculating the number of failures under section 117, the chief executive— (a) may count applicable failures only while the same bene- fit has been continuously paid in respect of the benefi- ciary; and if the benefit being paid in respect of the beneficiary is a work-tested benefit (benefit A), may count applicable failures incurred while another work-tested benefit was earlier paid in respect of the beneficiary (benefit B) if benefit A and benefit B have been paid continuously in respect of the beneficiary; but (b) may not count any failure if— (i) (ii) it is not of a kind to which that particular section applies; or it occurred more than 12 months before the fail- ure for which the calculation is made if, during that period, that beneficiary has not incurred a failure to which any of those sections applies.
(2) (3) For the purpose of subsection (1)(b)(ii), a failure under section 115 or section 115A is considered to have occurred on the date the chief executive decides he or she is satisfied the beneficiary has failed, without a good and sufficient reason, to comply with the appropriate work test obligation or other obligation imposed by this Act.
In determining whether a benefit has been continuously paid in respect of the beneficiary, the chief executive must disre- gard any period during which the benefit was cancelled or sus- pended because the beneficiary commenced in employment that continued for less than 10 working days.
(3A) For the purpose of subsection (1)(a), the chief executive must treat an unemployment benefit that expires under section 321 Part 2 s 120 Social Security Act 1964 Reprinted as at 27 July 2012 99AA, and an unemployment benefit re-granted to the benefi- ciary under section 99AB, as the same benefit.
(4) Nothing in subsection (1)(b)(ii) affects the implementation, after the 12-month period, of a sanction based on any prior calculation of the number of failures by a person to comply with the appropriate work test obligation or other obligation imposed by this Act.

In this section, working day means a day on which a person was required to work in the employment referred to in subsec- tion (3).
Section 119: replaced, on 1 October 1998, by section 7 of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

(5) Section 119(1): amended, on 1 July 2001, by section 37(1) of the Social Security Amendment Act 2001 (2001 No 1).

Section 119(1)(a): replaced, on 1 July 2001, by section 37(2) of the Social Se- curity Amendment Act 2001 (2001 No 1).
Section 119(1)(a): amended, on 27 September 2010, by section 26(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 119(1)(ab): inserted, on 27 September 2010, by section 26(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 119(2): amended, on 24 September 2007, by section 42(3)(a) of the Social Security Amendment Act 2007 (2007 No 20).
Section 119(2): amended, on 24 September 2007, by section 42(3)(b) of the Social Security Amendment Act 2007 (2007 No 20).

Section 119(2): amended, on 1 July 2001, by section 37(3) of the Social Security Amendment Act 2001 (2001 No 1).

Section 119(3A): inserted, on 27 September 2010, by section 26(3) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 119(4): amended, on 24 September 2007, by section 42(4) of the Social Security Amendment Act 2007 (2007 No 20).

Section 119(5): amended, on 27 September 2010, by section 26(4) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
120 Modified effect in some cases of sanctions on rate of benefit for people married or in civil union or de facto relationship If the reduction, suspension, or cancellation under section 117 of a benefit payable at a work-test married rate results from the (1) 322 Reprinted as at 27 July 2012 Social Security Act 1964 Part 2 s 120 (1A) (2) (b) failure of one of the spouses or partners in respect of whom the benefit is paid to comply with a work-test obligation— (a) it applies to only half the applicable rate of the benefit before any abatement on account of income; and the other spouse or partner is entitled to receive half of that rate (and the appropriate income test applies to that rate, but at half the abatement rate in that test).
If the reduction, suspension, or cancellation under section 117 of a benefit payable at a work-test married rate results from failures of both spouses or partners to comply with work test obligations, and they have no dependent children,— (a) the reduction, suspension, or cancellation in respect of each spouse or partner applies only to 50% of the ap- plicable rate of the benefit before abatement on account of income payable in respect of that spouse or partner; and any amount of the benefit payable to the spouses or part- ners after that reduction, suspension, or cancellation is applied is subject to the appropriate income test but at half the abatement rate under that test.
(b) If the suspension or cancellation under section 60H or 117 of a benefit payable at a work-test married rate results from section 60H(3) applying to both work-tested spouses or partners or the failure of both work-tested spouses or partners in respect of whom the benefit is paid to comply with work-test obligations, and they have 1 or more dependent children,— (a) the suspension or cancellation applies to only half the applicable rate of the benefit before any abatement on account of income; and the spouses or partners are entitled to receive half that rate (and the appropriate income test applies to that rate).
(b) (3) Section (2)(b) is subject to section 83.

Section 120: replaced, on 24 September 2007, by section 43 of the Social Se- curity Amendment Act 2007 (2007 No 20).

Section 120(1): amended, on 27 September 2010, by section 27(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
323 Part 2 s 120A Social Security Act 1964 Reprinted as at 27 July 2012 Section 120(1A): inserted, on 27 September 2010, by section 27(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 120(2): amended, on 27 September 2010, by section 27(3)(a) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 120(2): amended, on 27 September 2010, by section 27(3)(b) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

120A Costs incurred by Authority [Repealed] Section 120A: repealed, on 1 July 1993, by section 24(1) of the Health Sector (Transfers) Act 1993 (1993 No 23).
121 Effect of sanctions on benefit of sole parent Where under section 60H or section 117 the payment of a benefit of a person who is a sole parent is to be suspended or cancelled,— (a) the suspension or cancellation applies only to 50% of the applicable rate of the benefit before any abatement on account of income; and the person is entitled during the period of suspension or cancellation to receive 50% of that rate of benefit, and the appropriate income test applies to that rate but at half the abatement rate in that income test.
(b) Section 121: replaced, on 1 October 1998, by section 7 of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Section 121: amended, on 1 July 2001, by section 43(7) of the Social Security Amendment Act 2001 (2001 No 1).

General provisions Heading: inserted, on 1 October 1998, by section 7 of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).
122 Meaning of recompliance In relation to a failure under section 115 or section 115A, a per- son recomplies (for the purpose of section 117) if the person remedies the relevant failure or, if it is not possible to rem- edy the failure, the person undertakes to the satisfaction of the chief executive,— 324 Reprinted as at 27 July 2012 Social Security Act 1964 Part 2 s 123 (a) (b) in the case of a work-tested beneficiary, an activity that is the same as, or substantially similar to, the activity that the person failed to comply with under the applic- able work test obligation; or in any other case, some other activity of the kind spe- cified in section 60GAB(5) and approved by the chief executive.
Section 122: replaced, on 1 July 2001, by section 38 of the Social Security Amendment Act 2001 (2001 No 1).

Section 122: amended, on 24 September 2007, by section 42(5) of the Social Security Amendment Act 2007 (2007 No 20).

Section 122(a): replaced, on 27 September 2010, by section 28 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 122(b): amended, on 24 September 2007, by section 42(6) of the Social Security Amendment Act 2007 (2007 No 20).
123 Effect of ceasing to be subject to obligation to comply (1) with section 60HA or obligations under section 60GAB or work test This section applies to a person— (a) whose benefit has been suspended, or who is not entitled to a benefit for 13 weeks, under section 60H or section 117; and (b) who either— (i) (ia) (ii) ceases to be a work-tested beneficiary (other than because of the imposition of that suspension or 13-week period); or ceases to be a beneficiary who is required to com- ply with a request under section 60HA or obliga- tions under section 60GAB (other than because of the imposition of that suspension or 13-week period); or obtains, under section 105, an exemption from the work test or an exemption from complying with section 60HA.
(2) From the date the chief executive decides he or she is satisfied this section applies to a person,— (a) the period of suspension of the benefit ends; or 325 Part 2 s 123A Social Security Act 1964 Reprinted as at 27 July 2012 (3) (4) (b) the person is no longer subject to the 13-week period and that period lapses.

If a person to whom subsection (2)(b) applies wishes to again become entitled to a benefit, the person must apply for the benefit and establish the person’s eligibility to receive it.
In subsection (1), benefit includes part of a benefit.

Section 123: replaced, on 1 October 1998, by section 7 of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Section 123 heading: amended, on 24 September 2007, by section 42(6) of the Social Security Amendment Act 2007 (2007 No 20).

Section 123(1)(a): amended, on 1 July 2001, by section 39(1) of the Social Security Amendment Act 2001 (2001 No 1).
Section 123(1)(b)(ia): inserted, on 1 July 2001, by section 39(2) of the Social Security Amendment Act 2001 (2001 No 1).

Section 123(1)(b)(ia): amended, on 24 September 2007, by section 42(6) of the Social Security Amendment Act 2007 (2007 No 20).

Section 123(1)(b)(ii): amended, on 1 July 2001, by section 39(3) of the Social Security Amendment Act 2001 (2001 No 1).
123A Effect of employment on non-entitlement period (1) This section applies to a person who is not entitled to a benefit for 13 weeks because of the operation of section 60H or section 117.

If a person to whom this section applies completes a period of employment approved by the chief executive for the purposes of this section of not less than 6 weeks, the remainder of the 13-week period lapses.

[Repealed] In subsection (1), benefit includes part of a benefit.
Section 123A: replaced, on 1 October 1998, by section 7 of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

(2) (3) (4) Section 123A(1): amended, on 1 July 2001, by section 40(1) of the Social Se- curity Amendment Act 2001 (2001 No 1).

Section 123A(3): repealed, on 1 July 2001, by section 40(2) of the Social Se- curity Amendment Act 2001 (2001 No 1).
123B Effect of participation in certain activities on non-entitlement period This section applies to a person who— (1) 326 Reprinted as at 27 July 2012 (a) (b) Social Security Act 1964 Part 2 s 123B is subject to a 13-week period of non-entitlement under section 60H or section 117; and is participating in 1 or more approved activities, which are any of the following approved by the chief executive for the purpose: (i) activities of the kind referred to in section 102A(1)(f): recognised community activities: part-time work (in the case of a part-time work- tested beneficiary).
(ii) (iii) (2) If a person to whom this section applies participates satisfac- torily in the approved activity or activities for a continuous period of 6 weeks,— (a) the remainder of the period of non-entitlement lapses; and if the person wishes to again become entitled to a bene- fit, the person must apply for the benefit and establish his or her eligibility for it.
(b) (4) (3) Despite subsection (2)(b), if the person applies for a benefit, the chief executive must grant the person a benefit during the person’s satisfactory participation in the approved activity or activities.
Payment of a benefit granted under subsection (3) is subject to the condition that the person is liable to repay the whole of any amount paid during the non-entitlement period if he or she fails to complete a continuous period of 6 weeks of satisfactory participation in an approved activity or activities, or fails to continue satisfactory participation until the end of the non-entitlement period (whichever is earlier).
(5) No obligation to repay under subsection (4) arises if the reason for the person’s failure is that he or she— (a) ceases to be a work-tested beneficiary or a beneficiary required to comply with a request under section 60HA or obligations under section 60GAB; or obtains, under section 105, an exemption from the work test or an exemption from complying with section 60HA.
(b) (6) If the person is still entitled to the benefit at the end of the period of satisfactory participation or non-entitlement (as the 327 Part 2 s 123C Social Security Act 1964 Reprinted as at 27 July 2012 case may be), payment of the benefit is no longer subject to the condition in subsection (4).

(7) Any amount the person is liable to repay under this section may be recovered by the chief executive under section 86(1).
Section 123B: replaced, on 1 July 2001, by section 41 of the Social Security Amendment Act 2001 (2001 No 1).

Section 123B(1)(b)(i): replaced, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 123B(5)(a): amended, on 24 September 2007, by section 42(6) of the Social Security Amendment Act 2007 (2007 No 20).
Section 123B(7): amended, on 26 September 2002, by section 26 of the So- cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).
123C Application of Health and Safety in Employment Act 1992 and Human Rights Act 1993 In this section, person A is a person— (a) who, in accordance with his or her work test obligations or under section 122 or section 123B, is doing work as part of a job search activity; or (b) who is a beneficiary and, in accordance with an employ- ment plan or a requirement under section 60GAB or otherwise, is doing work as part of an employment-re- lated activity or activity in the community arranged by the department.
The Health and Safety in Employment Act 1992 and the Human Rights Act 1993 apply to person A and the person providing the work that person A is doing, as if person A were the employee of the person providing the work.

Except as provided in subsection (2), nothing in this Part cre- ates or implies an employment relationship between person A and the person providing the work.

Section 123C: replaced, on 1 July 2001, by section 41 of the Social Security Amendment Act 2001 (2001 No 1).
Section 123C(1): replaced, on 26 September 2002, by section 27 of the So- cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 123C(1)(a): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
(1) (2) (3) 328 Reprinted as at 27 July 2012 Social Security Act 1964 Part 3 s 123E Section 123C(1)(a): amended, on 2 July 2007, by section 14(2)(a) of the Social Security Amendment Act 2007 (2007 No 20).

Section 123C(1)(b): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 123C(1)(b): amended, on 24 September 2007, by section 42(6) of the Social Security Amendment Act 2007 (2007 No 20).
Section 123C(1)(b): amended, on 2 July 2007, by section 14(2)(b) of the Social Security Amendment Act 2007 (2007 No 20).
123D Regulations Without limiting the general power to make regulations con- ferred by section 132, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: (a) specifying the categories of persons who may be ex- empted under section 105 from some or all of their work test obligations or the obligation to comply with section 60HA and specifying the grounds on which exemptions may be granted for each of those categories.
[Repealed] [Repealed] (b) (c) Section 123D: inserted, on 1 October 1998, by section 7 of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Section 123D(a): amended, on 27 September 2010, by section 29 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 123D(a): amended, on 15 November 2000, by section 5(1) of the Social Security Amendment Act 2000 (2000 No 81).
Section 123D(b): repealed, on 1 July 2001, by section 42 of the Social Security Amendment Act 2001 (2001 No 1).

Section 123D(c): repealed, on 1 July 2001, by section 42 of the Social Security Amendment Act 2001 (2001 No 1).
Part 3 General provisions 123E Services to encourage young persons to move to education, training, and employment The chief executive may do either or both of the following things: 329 Part 3 s 123F Social Security Act 1964 Reprinted as at 27 July 2012 (a) (b) provide services to encourage and help young persons to move into education, training, and employment rather than to receiving financial support under this Act: enter (under section 125A) into contracts with service providers to provide services of that kind on the chief executive’s behalf.
Section 123E: inserted, on 27 July 2012, by section 19 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).
123F Chief executive may enter into information-sharing (1) agreement with chief executive of Ministry of Education The chief executive may enter into an agreement with the chief executive of the Ministry of Education relating to the sharing, for the purposes of facilitating the provision of services of a kind described in section 123E(a), of information about young persons who have ceased to be enrolled at a registered school (as defined in section 2 of the Education Act 1989) or a ter- tiary education organisation (being an organisation as defined in section 159B(1) of that Act).
(2) While the agreement is in force, the chief executive of the Ministry of Education— (a) may provide to the chief executive any information to which subsection (1) applies that the former considers may facilitate the provision by the latter of services of a kind described in section 123E(a); and (b) may use national student numbers for the purpose of gathering the information.

(3) Subsection (2) overrides section 344(2) of the Education Act 1989.
Section 123F: inserted, on 27 July 2012, by section 20 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).
123G Consultation on proposed agreement (1) Before entering into an agreement under section 123F(1), the parties must— (a) consult on the proposed agreement, and invite submis- sions on it from,— (i) the Privacy Commissioner; and 330 Reprinted as at 27 July 2012 Social Security Act 1964 Part 3 s 123H (ii) (iii) any person or organisation that they consider rep- resents the interests of the kinds of people whose personal information will be shared under the proposed agreement; and any other person or organisation that the parties consider should be consulted; and (b) consider all submissions received within a reasonable time of being invited.
(2) The Privacy Commissioner— (a) must consider the privacy implications of the proposed agreement; and (b) may make any submissions under subsection (1)(a)(i) that he or she thinks fit.

Section 123G: inserted, on 27 July 2012, by section 20 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).
123H Agreements to be reviewed after 3 years (1) Promptly after an agreement under section 123F(1) has been in effect for 3 years, the chief executive must conduct a review of its operation.
In conducting the review, the chief executive must consult— the chief executive of the Ministry of Education (as the (a) other party to the agreement); and the Privacy Commissioner; and any organisation or other person that he or she considers to represent the interests of the kinds of people whose personal information may be shared under the agree- ment.
(b) (c) In conducting the review, the chief executive must consider— whether (and if so, to what extent) the agreement is (a) operating— (i) (ii) in a way that is unusual; or otherwise than was expected by the parties when they entered into it; or otherwise than was expected by the Privacy Commissioner when he or she was consulted on it under section 123G(1)(a)(i); and (iii) 331 (2) (3) Part 3 s 124 Social Security Act 1964 Reprinted as at 27 July 2012 (b) (c) the extent to which the agreement is facilitating the provision of services of a kind described in section 123E(a); and the extent to which the agreement is impinging on the privacy of individuals; and (d) whether (and if so, to what extent) the benefits of shar- ing information under the agreement justify the costs of sharing it; and all submissions made in the course of the consultation required by subsection (2).
(e) (4) After conducting the review, the chief executive must report to the Minister on its findings, and make to the Minister any recommendations arising from them that the chief executive considers appropriate.

Section 123H: inserted, on 27 July 2012, by section 20 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).
124 Money payable out of Crown Bank Account (1) There shall from time to time be paid out of a Crown Bank Account, from money appropriated by Parliament for the pur- pose,— (a) all money required to be expended in providing benefits and making other payments under this Act: [Repealed] all other expenditure incurred in the administration of this Act: any money that may be appropriated by Parliament for educational or research purposes in relation to public health or income support or employment: any money that may be appropriated by Parliament for the purpose of granting special assistance under any welfare programme established and approved by the Minister under the authority of, and for the purposes of, this paragraph: [Repealed] [Repealed] all other money that may be appropriated by Parliament for the purposes of this Act, or that may be appropriated (aa) (b) (c) (d) (da) (dd) (e) 332 Reprinted as at 27 July 2012 Social Security Act 1964 Part 3 s 124 for any purpose incidental or related to the purposes of this Act.
(1A) Every welfare programme approved by the Minister under subsection (1)(d)— (a) (b) may provide for any specified provision of this Act to shall be administered by the chief executive: apply to and in respect of— (i) (ii) the programme; and any applicant for assistance under the pro- gramme; and any other specified class or classes of person— (iii) as if the special assistance authorised by the programme were a benefit under this Act.
(1B) As soon as practicable after approving a welfare programme pursuant to subsection (1)(d), the Minister must publish in the Gazette and lay before the House of Representatives a copy of the programme.

(1C) There must from time to time be paid out of a Crown Bank Account, without further appropriation than this subsection, all money necessary for granting special assistance under sec- tion 61CF.
This subsection applies to a payment made to a person out of a Crown Bank Account by way of special assistance pursuant to subsection (1)(d) or subsection (1C) if— (a) (2) either— (i) (ii) it was obtained by fraud; or the spouse or partner of the person made a false statement to or otherwise misled an officer en- gaged in the administration of Part 1, in relation to his or her income or other personal circum- stances; and (b) as a result, it exceeded the amount (if any) that, in the chief executive’s opinion, would otherwise have been paid.
(2A) Sections 81 and 86, as far as they are applicable and with any necessary modifications, apply to a payment to which subsec- tion (2) applies— (a) as if it were made by way of benefit under Part 1; and 333 Part 3 s 124 Social Security Act 1964 Reprinted as at 27 July 2012 (b) as if the person to whom it was made were a beneficiary entitled to a benefit of the amount (if any) that, in the chief executive’s opinion, would have been payable if (as the case may be)— (i) (ii) (iii) [Repealed] [Repealed] Compare: 1938 No 7 s 106; 1957 No 93 s 5(3); 1958 No 46 s 28(2); 1963 No 46 s 24 the fraud had not occurred; or the false statement had not been made; or the officer had not been misled.
Section 124 heading: amended (with effect on 1 July 1989), on 26 July 1989, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).

Section 124(1): amended, on 25 January 2005, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).

Section 124(1)(a): amended, on 1 April 2005, by section 16(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Section 124(1)(aa): repealed, on 1 October 1986, by section 17(1)(e) of the Social Security Amendment Act 1986 (1986 No 39).

Section 124(1)(b): replaced, on 1 April 1972, by section 18(3) of the Depart- ment of Social Welfare Act 1971 (1971 No 60).

Section 124(1)(c): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 124(1)(d): replaced, on 17 September 1997, by section 24(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 124(1)(d): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 124(1)(da): repealed, on 15 April 2005, by section 14 of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).
Section 124(1)(dd): repealed on 5 November 1976, by section 28(3)(a) of the Disabled Persons Community Welfare Act 1975 (1975 No 122).

Section 124(1A): inserted, on 30 June 1993, by section 28(1) of the Social Se- curity Amendment Act (No 3) 1993 (1993 No 57).

Section 124(1A): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 124(1A)(a): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 124(1A)(b): amended, on 1 April 2005, by section 16(2) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
(3) (4) 334 Reprinted as at 27 July 2012 Social Security Act 1964 Part 3 s 125A Section 124(1B): inserted, on 17 September 1997, by section 24(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 124(1C): inserted, on 19 December 2006, by section 6 of the Social Security Amendment Act 2006 (2006 No 90).

Section 124(2): replaced, on 19 December 2006, by section 6 of the Social Security Amendment Act 2006 (2006 No 90).
Section 124(2A): inserted, on 19 December 2006, by section 6 of the Social Security Amendment Act 2006 (2006 No 90).

Section 124(3): repealed, on 1 November 1976, by section 34(3) of the Social Security Amendment Act 1976 (1976 No 40).

Section 124(4): repealed, on 5 November 1976, by section 29(3)(a) of the Dis- abled Persons Community Welfare Act 1975 (1975 No 122).
124A Payment of supplementary assistance may be deemed an advance [Repealed] Section 124A: repealed, on 2 July 1975, by section 25(1) of the Social Security Amendment Act 1975 (1975 No 123).

125 Advances to beneficiaries and war pensioners for repair or maintenance of home, etc [Repealed] Section 125: repealed, on 1 July 1996, by section 3(1) of the Social Security Amendment Act 1996 (1996 No 49).
125A Chief executive may contract with service providers (1) The chief executive may from time to time, on behalf of the Crown, enter into a contract with any person, body, or organ- isation (a contracted service provider) for the provision by the contracted service provider of services— (a) that are— (i) the kind referred to in section services of 123E(a); or services in relation to Part 5; and (b) (ii) that are services of a kind or description stated for the purposes of this section by regulations under this Act.
The chief executive must not enter into a contract with a per- son, body, or organisation for the provision of services of a kind stated in subsection (1) unless the chief executive is sat- isfied that it— (2) 335 Part 3 s 125B Social Security Act 1964 Reprinted as at 27 July 2012 (a) (b) (c) is suitable to provide the services specified in the con- tract; and is suitable to work with young persons in providing those services; and has the powers and capacity to enter into and perform a contract for those services.
(3) In this section, young person has the meaning given by section 157.

Section 125A: inserted, on 27 July 2012, by section 21 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).
125B Contracts with service providers: contents and form (1) A contract under section 125A— (a) must set out the responsibilities of the contracted ser- vice provider and the chief executive in respect of each of the services the provider is to provide under the con- tract; and (b) must require the provider to co-operate with the chief executive; and (c) must contain all terms and conditions (if any) stated for the purposes of that section by regulations under this Act.

The contract must be in writing.


Subsection (1) does not limit section 125A.

Section 125B: inserted, on 27 July 2012, by section 21 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).
(2) (3) 125E Chief executive may adopt existing contracts The chief executive may agree in writing with the other party to any contract the chief executive has entered into before the commencement of the Social Security (Youth Support and Work Focus) Amendment Act 2012 that this Act applies to the contract as if it had been entered into under section 125A; and in that case, after the agreement takes effect, this Act applies to the contract (to the extent that it was capable of being entered into under that section) as if it had been entered into under that section.
Section 125E: inserted, on 27 July 2012, by section 21 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).
336 Reprinted as at 27 July 2012 Social Security Act 1964 Part 3 s 126 125I Complaints to Privacy Commissioner (1) A person may complain to the Privacy Commissioner if per- sonal information relating to the person has been disclosed under section 125C or 125D, on the grounds that the disclos- ure was in breach of— (a) (b) regulations of the kind referred to in section 125C; or the requirements of section 125D.
(2) A person may complain to the Privacy Commissioner if per- sonal information relating to the person has been disclosed pursuant to an information-sharing agreement under section 123F, on the grounds that the disclosure was in breach of the agreement.
Part 8 of the Privacy Act 1993— (a) (3) applies to a complaint under subsection (1) as if the regulations concerned and section 125D together con- stituted a code of practice issued under Part 6 of that Act; and applies to a complaint under subsection (2) as if the information-sharing agreement concerned were a code of practice issued under Part 6 of that Act.

(b) Section 125I: inserted, on 27 July 2012, by section 23 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).
126 Cost of repair and replacement of artificial limbs There shall from time to time be paid out of Crown Bank Ac- count out of money appropriated by Parliament for the purpose such sums as may be necessary to defray the reasonable cost of the repair or renewal by the New Zealand Artificial Limb Board, or by any other body or person specified from time to time by the Minister, by notice in the Gazette, of any artificial arm, hand, leg, or foot belonging to any person who is entitled to have that artificial limb repaired or renewed free of charge pursuant to the provisions of Part 1 of Schedule 1 of the Acci- dent Compensation Act 2001.
Compare: 1938 No 7 s 106B; 1963 No 47 s 56 Section 126: amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 126: amended, on 15 April 2005, by section 15 of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

337 Part 3 s 126A Social Security Act 1964 Reprinted as at 27 July 2012 Section 126: amended, on 25 January 2005, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).
Section 126: amended, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

Section 126: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
(1) 126A Information on beneficiaries and former beneficiaries may be disclosed to Ministry of Justice for fines enforcement purposes In this section, unless the context otherwise requires,— beneficiary means a person who has been granted a benefit; and includes a person in respect of whom a benefit or part of a benefit has been granted; and also includes— (a) (b) a person who was formerly in receipt of a benefit: a person from whom any liable parent contributions to which section 256(1) of the Child Support Act 1991 applies may be recovered: a person from whom any maintenance payment to which section 259(1) of the Child Support Act 1991 applies may be recovered (c) benefit has the meaning given to it in section 3(1); except that the term also includes— (a) a lump sum payable under section 61DB or section 61DC or section 61DD: any special assistance granted out of a Crown Bank Ac- count from money appropriated by Parliament under section 124(1)(d) (b) fine means— (a) a fine within the meaning of section 79 of the Summary Proceedings Act 1957: a fine to which section 19 of the Crimes Act 1961 ap- plies: a fine to which section 43 or 45 of the Misuse of Drugs Amendment Act 1978 applies: a fine to which section 28I of the District Courts Act 1947 applies: any amount payable under section 138A(1) of the Sen- tencing Act 2002.
(b) (c) (d) (e) 338 Reprinted as at 27 July 2012 Social Security Act 1964 Part 3 s 126A (2) (3) The purpose of this section is to facilitate the disclosure of information by the department to the Ministry of Justice for the purpose of enabling the Ministry of Justice to locate any beneficiary who is in default in the payment of any fine.
For the purpose of this section, the chief executive of the Min- istry of Justice may from time to time, in accordance with ar- rangements made with the chief executive of the department for the time being responsible for the administration of this Act, request the chief executive of the latter department to sup- ply, from information kept by that department, the last known address and telephone number of any beneficiary.
(3A) For each item of information to be supplied under subsection (3), the chief executive of the department must include the date when the information was most recently updated.

(4) On receipt of a request made under subsection (3), the chief executive of the department may supply the information re- quested to any officer or employee of the Ministry of Justice who is authorised by the chief executive of that department to receive that information.
Information supplied under a request made under subsection (3) may be supplied in such form as is determined by agree- ment between the 2 chief executives.

Section 126A: inserted, on 3 September 1996, by section 2 of the Social Security Amendment Act (No 4) 1996 (1996 No 145).

(5) Section 126A heading: amended, on 23 July 2011, by section 4(1) of the Social Security Amendment Act 2011 (2011 No 48).
Section 126A(1) benefit paragraph (b): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

Section 126A(1) chief executive: repealed, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 126A(1) fine: replaced, on 13 February 2012, by section 4(2) of the Social Security Amendment Act 2011 (2011 No 48).
Section 126A(2): amended, on 23 July 2011, by section 4(3) of the Social Se- curity Amendment Act 2011 (2011 No 48).

Section 126A(3): replaced, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 126A(3): amended, on 23 July 2011, by section 4(4) of the Social Se- curity Amendment Act 2011 (2011 No 48).
339 Part 3 s 126AB Social Security Act 1964 Reprinted as at 27 July 2012 Section 126A(3): amended, on 1 November 1998, by section 30 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 126A(3A): inserted, on 23 July 2011, by section 4(5) of the Social Se- curity Amendment Act 2011 (2011 No 48).

Section 126A(4): replaced, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 126A(4): amended, on 23 July 2011, by section 4(6) of the Social Se- curity Amendment Act 2011 (2011 No 48).

Section 126A(5): replaced, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
126AB Disclosure of personal information to Registrar-General (1) for birth registration purposes The purpose of this section is to authorise the disclosure of information by the department to the Registrar-General ap- pointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995 (called the Regis- trar-General in this section), in order to assist in locating and contacting the mothers of children whose births are unregis- tered, so that the births may be registered.
(2) On request from the Registrar-General, the chief executive, or a person authorised by the chief executive, may supply to the Registrar-General, or a person authorised by the Registrar- General, the postal address and residential address (if different from the postal address) of a person in respect of whom that information is held for the purposes of this Act and who the Registrar-General has grounds to believe may be the mother of a child whose birth is unregistered.
(3) No request may be made unless— (a) there is an agreement between the department and the Registrar-General in accordance with section 99 of the Privacy Act 1993; and (b) the request is in accordance with the agreement.

Section 126AB: inserted, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
340 Reprinted as at 27 July 2012 Social Security Act 1964 Part 3 s 127 126B Certain grounds of discrimination in Human Rights Act 1993 not to apply Nothing in— (a) section 44 of the Human Rights Act 1993 applies or ever applied; or section 24 of the Human Rights Commission Act 1977 ever applied— (b) to anything done, before 31 December 2001, which— (c) in relation to the granting of any benefit or assistance under or pursuant to this Act, or the granting of any assistance analogous to a benefit, by the department, is or was done pursuant to— (i) (ii) a direction given pursuant to section 5; or a welfare programme approved by the Minister under section 124(1)(d); or any document (including a manual) of the type referred to in section 22(1) of the Official Infor- mation Act 1982; and (iii) (e) (d) would otherwise be or have been unlawful by reason of the prohibited grounds of discrimination in section 21(1)(a) or (b) of the Human Rights Act 1993; or in relation to anything done before 1 February 1994, would otherwise have been unlawful under section 24(1) of the Human Rights Commission Act 1977 on the grounds of sex or marital status.
Section 126B: inserted, on 17 September 1997, by section 25 of the Social Se- curity Amendment Act (No 4) 1997 (1997 No 63).

Section 126B: amended, on 1 October 1999, by section 7(a) of the Human Rights Amendment Act 1999 (1999 No 100).

Section 126B(c): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 126B(c)(i): amended, on 1 October 1999, by section 7(b) of the Human Rights Amendment Act 1999 (1999 No 100).

Section 126B(c)(ii): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
127 Offences Every person who makes any statement knowing it to be false in any material particular, or who wilfully does or says any- 341 Part 3 s 127 Social Security Act 1964 Reprinted as at 27 July 2012 (b) (c) thing or omits to do or say anything for the purpose of mis- leading or attempting to mislead any officer concerned in the administration of this Act or any other person whomsoever, for the purpose of receiving or continuing to receive (for him- self or for any other person), or which results in himself or any other person receiving or continuing to receive— (a) any benefit under this Act or the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or the New Zealand Superannuation and Retirement Income Act 2001; or any exemption from any obligation under this Act; or any payment from a Crown Bank Account in accord- ance with this Act; or any entitlement card issued under regulations made pur- suant to section 132A; or a more favourable means assessment under section 69FA than he or she would otherwise have been entitled to; or a more favourable means assessment under Part 4 than he or she would otherwise have been entitled to— commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding $5,000, or to both imprisonment and fine.
Section 127: replaced, on 20 October 1972, by section 41 of the Social Security Amendment Act 1972 (1972 No 133).

(d) (e) (f) Section 127: amended, on 30 June 1993, by section 29(2) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

Section 127: amended, on 23 December 1977, by section 29 of the Social Se- curity Amendment Act (No 2) 1977 (1977 No 133).
Section 127(a): replaced, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Section 127(a): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 127(a): amended, on 15 April 2003, by section 12(1) of the War Pen- sions Amendment Act 2003 (2003 No 18).
Section 127(a): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 127(c): replaced, on 30 June 1993, by section 29(1) of the Social Se- curity Amendment Act (No 3) 1993 (1993 No 57).

Section 127(c): amended, on 25 January 2005, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).
342 Reprinted as at 27 July 2012 Social Security Act 1964 Part 3 s 131 Section 127(d): inserted, on 30 June 1993, by section 29(1) of the Social Se- curity Amendment Act (No 3) 1993 (1993 No 57).

Section 127(e): replaced, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

Section 127(f): inserted, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
128 Proceedings for offences (1) Notwithstanding anything to the contrary in section 14 of the Summary Proceedings Act 1957, an information for any of- fence against this Act may be laid at any time within 12 months after the facts alleged in the information have been brought to the knowledge of any officer concerned in the administration of this Act.
[Repealed] Compare: 1938 No 7 s 137; 1957 No 93 s 5(3) (2) Section 128(2): repealed, on 30 June 1993, by section 30 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
129 General penalty for offences Every person who commits an offence against this Act or any regulations made under this Act, for which no penalty is pro- vided elsewhere than in this section, is liable on summary con- viction to a fine not exceeding $1,000 and, if the offence is a continuing one, to a further fine not exceeding $50 for every day or part of a day during which the offence has continued.
Compare: 1938 No 7 s 138 Section 129: amended, on 30 June 1993, by section 31 of the Social Security Amendment Act (No 3) 1993 (1993 No 57) 1993 No 57.

130 Exemptions from stamp duty [Repealed] Section 130: repealed, on 1 January 1972, by section 101(1) of the Stamp and Cheque Duties Act 1971 (1971 No 51).
131 Declarations Any declaration required for the purposes of this Act may be made before any person authorised to receive declarations in accordance with section 9 of the Oaths and Declarations Act 343 Part 3 s 131A Social Security Act 1964 Reprinted as at 27 July 2012 1957 or before any other person authorised in that behalf by or in accordance with regulations made under this Act.
Compare: 1938 No 7 s 139(2) 131A Disclosure of information between Department of Social Welfare and Department of Labour [Repealed] Section 131A: repealed, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

131B Definitions for purposes of sections 131C and 131D [Repealed] Section 131B: repealed, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
131C Notice of decision to suspend, reduce, or cancel work-tested benefit [Repealed] Section 131C: repealed, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

131D Reduction of notice period [Repealed] Section 131D: repealed, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
131E Notices [Repealed] Section 131E: repealed, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

131F Jurisdiction of Privacy Commissioner [Repealed] Section 131F: repealed, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
344 Reprinted as at 27 July 2012 Social Security Act 1964 Part 3 s 132AB 131G Privacy Commissioner to report on compliance with section 131C [Repealed] Section 131G: repealed, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
132 Regulations The Governor-General may from time to time, by Order in Council, make regulations providing for such matters as are contemplated by or necessary for giving full effect to the pro- visions of this Act and for the due administration thereof.
Compare: 1938 No 7 s 140 132AA Regulations exempting items from treatment as income (1) or cash assets may have retrospective effect This section applies to regulations made under section 132 that— (a) declare items or amounts of income or income from a specified source not to be income; or declare items of cash assets or cash assets of a specified kind not to be cash assets.
(b) (2) Any regulations to which this section applies have effect in re- spect of any income or cash assets specified in the regulations on and after any date specified in the regulations (which may be a date before, on, or after the date on which the regulations are made).

Section 132AA: inserted, on 26 September 2002, by section 28 of the Social Se- curity (Personal Development and Employment) Amendment Act 2002 (2002 No 28).
132AB Regulations relating to temporary additional support (1) Without limiting the general power to make regulations under section 132, the Governor-General may, by Order in Council, make regulations for the purposes of section 61G (which re- lates to temporary additional support) including, without limi- tation, provisions that— (a) prescribe or provide for the setting of eligibility criteria for receiving temporary additional support: 345 Part 3 s 132AB Social Security Act 1964 Reprinted as at 27 July 2012 prescribe amounts allowed for standard living costs that ought to be met from chargeable income (standard costs), or 1 or more means of calculating amounts of standard costs, which may differ depending on— (i) whether the applicant or the applicant’s spouse or partner, or both of them, is or are receiving a benefit or tax credit: the kind and amount of benefit or benefits or tax credit or credits received by the applicant or his or her spouse or partner: (ii) (iii) whether the applicant has a spouse or partner or dependent children: (iv) whether the applicant’s spouse or partner is law- (v) fully or unlawfully in New Zealand: the number and ages of the applicant’s dependent children: define the kinds of costs that are allowable costs, includ- ing any limits on the extent to which any such costs are allowable costs: define the kinds of income, benefits, credits, and re- ceipts that are chargeable income, including any limits on the extent to which any income, benefit, credit, or receipt of that kind is chargeable income: prescribe amounts of temporary additional support that may be granted or 1 or more means for calculating the amount of temporary additional support to be granted, which may differ depending on whether the applicant— has a dependent spouse or partner; or (i) has a dependent child; or (ii) (iii) is in any other prescribed circumstances: define the kinds of assets that are cash assets, including any limits on the extent to which any such assets are cash assets, and prescribe 1 or more cash asset
 limits, which may differ depending on whether the applicant— has a dependent spouse or partner; or (i) has a dependent child; or (ii) (iii) is in any other prescribed circumstances: prescribe the period or periods for which temporary ad- ditional support may be granted: (b) (c) (d) (e) (f) (g) 346 Reprinted as at 27 July 2012 Social Security Act 1964 Part 3 s 132A (2) (h) authorise the payment of temporary additional support in a lump sum up to a specified maximum amount in any prescribed circumstances.
For the purposes of any calculation made under section 61G or any regulations made under subsection (1), the allowable costs, cash assets, and chargeable income of an applicant in- clude the allowable costs, cash assets, and chargeable income of the applicant’s spouse or partner.

Section 132AB: inserted, on 4 June 2004, by section 17 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Section 132AB(1)(b)(i): amended, on 26 April 2005, by section 4(1) of the Social Security Amendment Act 2005 (2005 No 21).

Section 132AB(1)(b)(ii): amended, on 26 April 2005, by section 4(1) of the Social Security Amendment Act 2005 (2005 No 21).

Section 132AB(1)(b)(iii): amended, on 26 April 2005, by section 4(1) of the Social Security Amendment Act 2005 (2005 No 21).

Section 132AB(1)(b)(iv): amended, on 26 April 2005, by section 4(1) of the Social Security Amendment Act 2005 (2005 No 21).
Section 132AB(1)(e)(i): amended, on 26 April 2005, by section 4(1) of the Social Security Amendment Act 2005 (2005 No 21).

Section 132AB(1)(f)(i): amended, on 26 April 2005, by section 4(1) of the Social Security Amendment Act 2005 (2005 No 21).

Section 132AB(2): amended, on 26 April 2005, by section 4(2) of the Social Security Amendment Act 2005 (2005 No 21).
132A Regulations providing for issue and use of entitlement cards (1) Without limiting the general power to make regulations con- ferred by section 132, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: (a) providing for the issue of entitlement cards to various classes of persons: prescribing the classes of persons eligible to be issued with entitlement cards: (b) (ba) providing for cardholders’ photographs to be affixed to or imaged into a category of entitlement cards and pre- scribing procedures, requirements, and other matters in relation to those photographs: prescribing and regulating the use of entitlement cards, including (but not limited to)— (c) 347 Part 3 s 132A Social Security Act 1964 Reprinted as at 27 July 2012 (i) (ii) (iv) (iii) their use to obtain payment of any benefit, allow- ance, or payment under this Act: their use as evidence that the holder or a depend- ent spouse or partner or child of the holder is ex- empt from any obligation under this Act or any regulations made under this Act: their use to obtain any payment or exemption from payment in consideration of services sup- plied to the holder of the entitlement card, or his or her dependent spouse or partner or child, whether those services are supplied under this Act, any other Act, or otherwise: placing time limits on the validity of entitlement cards: placing obligations on holders to return entitle- ment cards to the department: (vi) any other conditions relating to their use.
prescribing offences relating to the improper use of en- titlement cards (other than a use which constitutes an offence under section 127), or for their non-return after their expiry, and the amounts of fines that may be im- posed in respect of any such offences, which fines shall be an amount not exceeding $1,000 and, where the of- fence is a continuing one, a further amount not exceed- ing $50 for every day or part of a day during which the offence has continued.
(v) (d) For the avoidance of doubt it is hereby declared that regu- lations made under this section may provide for entitlement cards to have all or any of a magnetic stripe or a barcode on them, or a microchip embedded in them, which may contain all or any of the following information: (a) (b) the cardholder’s name: an identifying number assigned by the department to the cardholder: a number or code indicating the cardholder’s class of eligibility for the card: an identifying number assigned to the card: the commencement and expiry dates of the card: a code number for mailing purposes.
(c) (d) (e) (f) (2) 348 Reprinted as at 27 July 2012 Social Security Act 1964 Part 3 s 132AC (4) (3) An Order in Council providing for the embedding of mi- crochips in entitlement cards may not be made under this section except on the recommendation of the Minister.
The Minister must not recommend the making of an Order in Council referred to in subsection (3) unless, to ensure privacy and personal information are fully protected, adequate consult- ation concerning the privacy and security of the information to be contained in the microchip has taken place with— (a) (b) (c) the State Services Commission; and the Privacy Commissioner; and any other State agency, department, or organisation the Minister considers relevant.
Section 132A: inserted, on 1 August 1991, by section 22 of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

Section 132A(1)(ba): inserted, on 22 May 2007, by section 5(1) of the Social Security (Entitlement Cards) Amendment Act 2007 (2007 No 17).

Section 132A(1)(c)(ii): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 132A(1)(c)(iii): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 132A(2): inserted, on 30 June 1993, by section 32 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

Section 132A(2): amended, on 22 May 2007, by section 5(2) of the Social Security (Entitlement Cards) Amendment Act 2007 (2007 No 17).

Section 132A(3): inserted, on 22 May 2007, by section 5(3) of the Social Se- curity (Entitlement Cards) Amendment Act 2007 (2007 No 17).
Section 132A(4): inserted, on 22 May 2007, by section 5(3) of the Social Se- curity (Entitlement Cards) Amendment Act 2007 (2007 No 17).
132AC Regulations relating to childcare assistance (1) Without limiting the general power to make regulations under section 132, the Governor-General may, by Order in Coun- cil, make regulations for the purposes of section 61GA (which relates to childcare assistance) including, without limitation, provisions that— (a) prescribe or provide for the setting of eligibility criteria for receiving childcare assistance, and which may in- clude (without limitation) criteria based on— (i) the income of the principal caregiver and his or her spouse or partner: 349 Part 3 s 132AC Social Security Act 1964 Reprinted as at 27 July 2012 (ii) the age of the dependent child and whether the child attends school: (iii) whether the principal caregiver or the dependent child or any of the principal caregiver’s other de- pendent children has a disability or serious ill- ness: (iv) whether there is another person available to care for the child: (v) whether the principal caregiver is undertaking employment or is engaged in— (A) an employment-related activity arranged or approved by the department; or an approved course of study; or an approved rehabilitation programme: (B) (C) (b) (c) (d) (e) (f) (g) prescribe the kinds of childcare assistance to be pro- vided, which may differ depending on the purposes of the childcare and the age of the child, or in any other prescribed circumstances: prescribe the amounts of childcare assistance to be paid, which may differ depending on the kind of assistance to be provided, the income of the principal caregiver and his or her spouse or partner, the number of dependent children in the family, and the kind of childcare, or in any other prescribed circumstances: prescribe the number of hours a week for the weeks during the year for which childcare assistance is avail- able, which may differ depending on the purposes of the childcare or the principal caregiver’s activity, em- ployment, or study, or whether the assistance is granted for the school term or during school holidays, or in any other
 prescribed circumstances: provide for childcare assistance to be available to keep a child’s place open in a childcare facility or programme during temporary absence: prescribe kinds of childcare facilities or programmes for which childcare assistance may be paid: authorise the chief executive to approve other kinds of childcare facilities or programmes for which childcare assistance may be paid and regulate— 350 Reprinted as at 27 July 2012 (i) Social Security Act 1964 Part 3 s 132AC (h) (i) (j) the period for which approval may be granted; and the criteria for their approval: (ii) regulate the method of application for, and payment of, childcare assistance (which may include provision for payment to be made directly to a childcare facility or provider of a programme, and conditions relating to the payment of childcare assistance applicable to any such facility or provider): provide for the recovery of any overpayments of assist- ance from a childcare facility or the provider of a pro- gramme or from the person granted the assistance: define the kinds of income, benefits, credits, and re- ceipts to be treated as income for the purposes of section 61GA, including any limits on the extent to which any income, credit, benefit, or receipt of that kind is to be treated as income for those purposes: prescribe transitional arrangements.
(k) [Repealed] [Repealed] [Repealed] Section 132AC: inserted, on 4 June 2004, by section 18 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Section 132AC(1)(a)(i): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 132AC(1)(c): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 132AC(2): repealed, on 24 August 2010, by section 30 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 132AC(3): repealed, on 24 August 2010, by section 30 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Section 132AC(4): repealed, on 24 August 2010, by section 30 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
351 (2) (3) (4) Part 3 s 132B Social Security Act 1964 Reprinted as at 27 July 2012 132B Regulations providing for assessment of financial means of people requiring disability services [Repealed] Section 132B: repealed, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
132C Regulations relating to overseas pensions (1) Without limiting the general power to make regulations con- ferred by section 132, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: (a) providing for the determination by the chief executive of the amount of an overseas pension to be deducted from a benefit or benefits pursuant to section 70(1): providing that the currency exchange rate to be used by the chief executive for the purposes of the determination referred to in paragraph (a) shall be one of the follow- ing: (i) (b) (ii) (iii) the average of the currency exchange rates (or, as the circumstances require, averages of differ- ent currency exchange rates) between the coun- try paying the overseas pension and New Zealand during a period specified in the regulations; or any one of the currency exchange rates that oc- curs between the country paying the overseas pension and New Zealand within a period spe- cified in the regulations; or either the average of the currency exchange rates (or, as the circumstances require, averages of different currency exchange rates) between the country paying the overseas pension and New Zealand during a period specified in the regulations or any one of the currency exchange rates that occurs between the country paying the overseas pension and New Zealand within a period specified in the regulations, whichever is the more favourable to the overseas pensioner: (c) prescribing the kinds of currency exchange rates that are to be used for the purposes of paragraph (b): 352 Reprinted as at 27 July 2012 Social Security Act 1964 Part 3 s 132C (d) (e) (f) (g) providing that the period referred to in paragraph (b) may be a different period from the period to which the payment of the overseas pension relates and a differ- ent period from the period to which the payment of the benefit relates: prescribing, for the purposes of the determination re- ferred to in paragraph (a), the kinds of bank fees that may be taken
 into account and the manner in which they may be taken into account: providing that a determination made under paragraph (a), and made in accordance with regulations made under paragraphs (b) to (e), shall be conclusive: regulating the making, implementation, and variation of arrangements under section 70(3)(a), including (with- out limitation)— (i) (ii) (iii) (iv) (v) (vi) prescribing the categories of overseas pensioners with whom the chief executive may make such arrangements: prescribing requirements that must be fulfilled before such arrangements can be entered into: prescribing conditions to be included in such ar- rangements: prescribing methods that may be specified in such arrangements for payment to the chief ex- ecutive, and receipt by the chief executive, of an amount equivalent to the amount of the overseas pension that the overseas pensioner receives, including (without limitation) direct deduction from the overseas pensioner’s bank account: providing, in relation to any such arrangements that are in force when regulations under this sec- tion are made, that the regulations do not apply (in whole or in part) to those arrangements: providing for the chief executive to terminate an arrangement if the overseas pensioner fails to comply with any condition prescribed under sub- paragraph (iii).
353 Part 3 s 132C Social Security Act 1964 Reprinted as at 27 July 2012 (h) (i) (j) [Repealed] [Repealed] [Repealed] (2) Unless regulations made under paragraph (g) of subsection (1) provide otherwise, any regulations made under that paragraph apply to arrangements under section 70(3)(a) that are in force when the regulations are made and, in that case,— (a) the regulations prevail over the arrangements to the ex- tent that there is any inconsistency between the regula- tions and the arrangements; and the arrangements are taken to be modified to the extent necessary to give effect to the regulations.
(b) Section 132C: inserted, on 2 September 1996, by section 5 of the Social Security Amendment Act (No 6) 1996 (1996 No 157).

Section 132C(1)(a): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 132C(1)(b): amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 132C(1)(g): replaced, on 28 March 1998, by section 3(1) of the Social Security (Overseas Pensions) Amendment Act 1998 (1998 No 10).

Section 132C(1)(g)(i): amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 132C(1)(g)(iv): amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 132C(1)(g)(vi): amended, on 1 October 1998, by section 11 of the Em- ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 132C(1)(h): repealed, on 28 March 1998, by section 3(1) of the Social Security (Overseas Pensions) Amendment Act 1998 (1998 No 10).

Section 132C(1)(i): repealed, on 28 March 1998, by section 3(1) of the Social Security (Overseas Pensions) Amendment Act 1998 (1998 No 10).
Section 132C(1)(j): repealed, on 28 March 1998, by section 3(1) of the Social Security (Overseas Pensions) Amendment Act 1998 (1998 No 10).

Section 132C(2): inserted, on 28 March 1998, by section 3(2) of the Social Security (Overseas Pensions) Amendment Act 1998 (1998 No 10).
354 Reprinted as at 27 July 2012 Social Security Act 1964 Part 3 s 132F 132D Regulations exempting income and assets from assessment of financial means of people requiring certain disability services Without limiting the general power to make regulations con- ferred by section 132, the Governor-General may from time to time, by Order in Council, make regulations— (a) defining terms to be excluded as cash assets for the pur- pose of section 69FA; and specifying that certain amounts of cash assets or income are not to be included within the financial means assess- ment of a person under that section.
(b) Section 132D: inserted, on 17 September 1997, by section 27 of the Social Se- curity Amendment Act (No 4) 1997 (1997 No 63).

132E Regulations relating to work capacity assessment [Repealed] Section 132E: repealed, on 8 March 2001, by section 4(2) of the Social Security Amendment Act 2001 (2001 No 1).
132F Regulations providing for participation allowance (1) Without limiting the general power to make regulations con- ferred by section 132, the Governor-General may from time to time, by Order in Council, make regulations to provide for persons participating in activities under this Act to receive al- lowances of the nature and kind set out in the regulations.
(2) Without limiting subsection (1), the regulations may— (a) (b) (c) (d) (e) provide for different allowances, and different rates of allowances, to be paid in respect of different activities and categories of person: provide that no allowances are payable in respect of certain activities, or in respect of certain categories of person: set conditions for the receipt of allowances: set out the rates, or range of available rates, of al- lowances, and provide for maximum total allowances which may be granted to any person for any particular period: provide that a total allowance may be made up of sep- arate allowances granted for different reasons, or in re- 355 Part 3 s 132G Social Security Act 1964 Reprinted as at 27 July 2012 spect of different activities or purposes, and provide for a method or methods of calculating total allowances.
Section 132F: inserted, on 1 October 1998, by section 55 of the Social Security Amendment Act 1998 (1998 No 19).

132G Regulations providing for remittance or suspension of (1) (2) (3) debt The Governor-General may, from time to time, by Order in Council, make regulations requiring or permitting— (a) the recovery of amounts recoverable under section 86(1) to (1B) and (3) to (5) to be suspended; or those amounts to be remitted.
(b) Regulations under subsection (1) may require or permit the suspension of recovery of amounts, or the remission of amounts,— (a) (b) of a particular kind or from persons of a particular kind: of a particular value (which may differ between persons of a particular kind): in the case of suspension, for periods that may differ for amounts of a particular kind or value, or between persons of a particular kind.
(c) Regulations may not be made under subsection (1) unless the Minister advises that he or she is satisfied that the regulations are likely to— (a) prevent accumulation of debt by any category of benefi- ciary and assist those beneficiaries to reduce their levels of debt while on a benefit; or assist any category of beneficiary to move from depend- ence on a benefit to self-support through employment by ensuring that those beneficiaries do not face increas- ing benefit debt repayments when they enter the work- force; or provide a positive incentive for beneficiaries to enter employment or stay in employment; or achieve more than 1 of the objectives set out in para- graphs (a) to (c).
(b) (c) (d) (4) This section does not limit the power to make regulations con- ferred by section 132.

356 Reprinted as at 27 July 2012 Social Security Act 1964 Part 3 s 132H Section 132G: inserted, on 26 September 2002, by section 29 of the Social Se- curity (Personal Development and Employment) Amendment Act 2002 (2002 No 28).
132H Rules providing for determination of incomes of certain (1) (2) people by chief executive The Governor-General may, by Order in Council, make rules— (a) prescribing how the chief executive is to assess and de- termine for the purposes of this Act the income of any or all of the following: (i) (ii) (iii) (iv) (v) self-employed people: people carrying on business in a partnership: people trading as a small business: directors of a company: people carrying on business or trade through a company of which they are— (A) a director and a shareholder; or (B) an employee and a shareholder; or a director, a shareholder, and an employee: (C) people otherwise engaged in business or trade; and (vi) (b) prescribing the circumstances in which those rules apply.
Rules under subsection (1) may prescribe for the purposes of this Act any or all of the following: (a) the kinds of deduction from income allowed under the Income Tax Act 2004 that are to be disregarded in de- termining income, and— (i) the circumstances in which the deductions are to be disregarded; and (ii) whether the deductions are to be disregarded wholly or in part only: (b) (c) (d) how income is to be calculated where business accounts are presented in cash or accrual form: livestock valuation methods, and their treatment, in cal- culating income: the extent (if any) to which, and circumstances in which, any or all of the following are to be treated as a person’s income: 357 Part 3 s 132I Social Security Act 1964 Reprinted as at 27 July 2012 (i) (ii) (iii) the person’s drawings from a business or trade: goods or services supplied to the person by a business or trade: distributions to the person from a business or trade: income from a business or trade by the person: (f) (e) (h) (g) (iv) how it is to be determined whether a person has used assets of a business or trade for no consideration or in- adequate consideration: how a person’s income is to be determined where he or she has used assets of a business or trade for no consid- eration or inadequate consideration: the extent (if any) to which depreciation or other provi- sion for replacement of capital assets is to be— allowed as a deduction from income; or (i) disregarded in calculating income: (ii) the extent (if any) to which, and circumstances in which, either or both of the following are to be treated as in- come: (i) (ii) the treatment of loss-attributing qualifying companies (within the meaning of the Income Tax Act 2007).
Subsection (2)(d) applies to businesses and trades however they are carried on.

Subsection (3) does not limit or affect the generality of sub- section (1).

This section does not limit or affect the generality of section 132.

Section 132H: inserted, on 2 July 2007, by section 15 of the Social Security Amendment Act 2007 (2007 No 20).
distributions from a company: retained profits of a company: (i) (3) (4) (5) Section 132H(2)(i): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
132I Rules relating to determination by chief executive of deprivation of property or income The Governor-General may, by Order in Council, for the pur- poses of section 74(1)(d) make rules— (1) 358 Reprinted as at 27 July 2012 Social Security Act 1964 Part 3 s 132K (2) (a) relating to the deprivation of property, income, or both; and (b) prescribing the circumstances in which the rules apply.

This section does not limit or affect the generality of section 132.
Section 132I: inserted, on 2 July 2007, by section 15 of the Social Security Amendment Act 2007 (2007 No 20).

(2) 132J Regulations stating pre-benefit activities (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations stating pre- benefit activities for the purposes of section 96A.
The Minister must not recommend the making of regulations under subsection (1) unless, in his or her opinion, each pre- benefit activity concerned is likely to— (a) increase the awareness of the people undertaking it of opportunities for employment; or strengthen incentives for the people undertaking it to move into employment; or facilitate the movement of the people undertaking it into employment.

(b) (c) (3) This section does not limit section 132.
Section 132J: inserted, on 24 September 2007, by section 44 of the Social Se- curity Amendment Act 2007 (2007 No 20).
132K Regulations relating to advance payments of benefit (1) The Governor-General may, by Order in Council, make regu- lations for the purpose of section 82(6) (which relates to ad- vance payments of a benefit), including, without limitation, provisions that— (a) specify the manner and form in which an application for advance payments of a benefit may be made under that section, which may differ depending on the number of times the beneficiary has applied for advance payments of a benefit under that section, or for special assistance under section 124(1)(d), or for both: define the kinds of budgeting activities that the chief ex- ecutive may require a person to undertake under section 82(6B) and the terms and conditions of those activities: (b) 359 Part 3 s 133 Social Security Act 1964 Reprinted as at 27 July 2012 (c) prescribe the circumstances in which the power referred to in section 82(6B) may be exercised.
(2) Nothing in subsection (1) limits section 132.

Section 132K: inserted, on 24 August 2010, by section 31 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

133 Annual reports (1) (2) The Minister charged with the administration of any Part of this Act shall, as soon as practicable after the close of each financial year, cause to be prepared a report of the operations carried out under that Part during the financial year.
Every such report shall be laid before Parliament within 28 days after it has been received by the Minister concerned there- with if Parliament is then in session, and, if not, shall be laid before Parliament within 28 days after the commencement of the next ensuing session.

Compare: 1938 No 7 s 141; 1957 No 93 s 5(3); 1963 No 47 s 39 134 Consequential amendment [Repealed] Section 134: repealed, on 1 April 1972, by section 18(4) of the Department of Social Welfare Act 1971 (1971 No 60).
135 Repeals and savings (1) (2) The enactments specified in Schedule 13 are hereby repealed.
For all purposes whatsoever in respect of any social security contribution or social security charge which at the commence- ment of this Act has already been assessed or paid or is still assessable or payable in or for any year before the year com- mencing on 1 April 1958, or deductible on or before or after that date from any salary or wages or other income for any period before that date, in accordance with any provision of the Social Security Act 1938 that was repealed before the com- mencement of this Act, that provision (whether a penal provi- sion or not) and all regulations, orders, warrants, and other acts of authority originating under the Social Security Act 1938 shall, notwithstanding the repeal of that Act by this Act or of any provision thereof by any other enactment, be deemed 360 Reprinted as at 27 July 2012 Social Security Act 1964 Part 4 s 136AA to remain in full force and effect; and all proceedings under that Act, including proceedings for the recovery of any fine or penalty in respect of any offence committed, whether before or after the commencement of this Act, may be instituted or con- tinued accordingly as if the Social Security Act 1938, or, as the case may be, the provision thereof, had not been repealed.
(3) All proceedings in respect of offences committed or alleged to have been committed against any enactment hereby repealed or against any provision of the Social Security Act 1938 that was repealed before the commencement of this Act may be instituted or continued as if this Act had not been passed.
[Repealed] (4) (5) Nothing in subsection (1) of section 55 or in section 66 or in Schedule 9 or Schedule 10 shall apply with respect to any sickness benefit that was in force on 13 September 1961 (being the date of the passing of the Social Security Amendment Act 1961) and is in force at the date of the commencement of this Act, and any such benefit may be continued as if this Act and section 6 of the Social Security Amendment Act 1961 had not been passed.
Section 135(4): repealed, on 1 October 1987, by section 3(1)(b) of the Social Security (Reciprocity with Australia) Act 1987 (1987 No 71).

Section 135(5): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Part 4 Long-term residential care in hospital or rest home Part 4: inserted, on 1 July 2005, by section 5 of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
136AA Purpose of this Part The purpose of this Part is to— (a) specify the circumstances in which certain older per- sons are required to pay for their own long-term resi- dential care; and 361 Part 4 s 136AB Social Security Act 1964 Reprinted as at 27 July 2012 (b) (c) (d) specify the circumstances in which a funder must con- tribute toward the cost of those persons’ long-term resi- dential care; and provide for those persons to apply for a means assess- ment to determine if, and how much, a funder must contribute toward the cost of their long-term residen- tial care; and provide that those persons are not required to pay more than the maximum contribution (which amount is spe- cified by Gazette notice) for their long-term residential care, if that care is provided by a provider who has a contract with a funder to provide long-term residential care to older persons.
Section 136AA: inserted, on 22 November 2006, by section 5 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
136AB Overview of this Part (1) This Part sets out the regime for determining liability in respect of the cost of providing long-term residential care to an eligible person who— (a) has been needs assessed as requiring long-term residen- tial care in a hospital or rest home indefinitely; and receives that care in a hospital or rest home that is a hospital or rest home funded under the New Zealand Public Health and Disability Act 2000 to provide such care.
(b) This Part provides— (a) (b) (c) for the needs assessment of an eligible person to deter- mine whether the person requires long-term residential care in a hospital or rest home indefinitely; and for the means assessment of an eligible person who has been needs assessed as requiring long-term residential care in a hospital or rest home indefinitely to determine the amount that the person is liable to pay for the cost of his or her care; and for a maximum contribution, which is the most that an eligible person who has been needs assessed as requir- ing long-term residential care indefinitely may be re- quired to pay for the cost of his or her assessed care (2) 362 Reprinted as at 27 July 2012 Social Security Act 1964 Part 4 s 136 (3) 136 (d) needs provided in a hospital or rest home that has a con- tract with a funder to provide long-term residential care to eligible persons; and for determination of the extent to which a funder is li- able to pay the cost of the long-term residential care pro- vided to an eligible person who has been needs assessed as requiring long-term residential care indefinitely.
This section is by way of explanation only.

If a provision of this or any other Act is inconsistent with this section, the other provision prevails.

Section 136AB: inserted, on 22 November 2006, by section 5 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
Interpretation In this Part, unless the context otherwise requires,— applicable asset threshold is the value of assets that is ap- plied to determine whether a resident assessed as requiring care must use his or her assets to pay the cost of contracted care services provided to the person; and the applicable asset thresholds are set out in Part 1 of Schedule 27 contracted care provider means a provider that— (a) (b) contracted care services means services that are— (a) (b) has a service agreement; or accepts payment under a section 88 notice provided by a contracted care provider; and provided to an eligible person who has been needs as- sessed as requiring long-term residential care in a hos- pital or rest home indefinitely; and in relation to a particular person, the services necessary to meet the person’s assessed long-term residential care needs (c) cost of contracted care services means, in relation to a resi- dent assessed as requiring care, the amount that— (a) is the cost of the contracted care services provided by a contracted care provider to meet the resident’s assessed long-term residential care needs; and is specified in the service agreement or section 88 notice that applies to the contracted care provider as the price payable for those services, whether or not the services (b) 363 Part 4 s 136 Social Security Act 1964 Reprinted as at 27 July 2012 provided to the resident are wholly or partly funded under that agreement or notice date of means assessment has the meaning given in section 145 DHB means a district health board established by or under section 19 of the New Zealand Public Health and Disability Act 2000 elderly victim of crime means a resident assessed as requir- ing care who is assessed, in accordance with regulations made under section 155, as being an elderly victim of crime for the purposes of this Part eligible person means a person who— (a) is either— (i) (ii) aged 65 or over; or aged between 50 and 64, and is single and has no dependent children; and (b) is eligible for publicly
 funded health and disability ser- vices under an Eligibility Direction issued under section 32, or continued under section 112, of the New Zealand Public Health and Disability Act 2000 exempt person means a resident assessed as requiring care who belongs to a class of exempt persons, as those classes are defined in regulations made under section 155 funder means an entity responsible under the New Zealand Public Health and Disability Act 2000 for paying, in accord- ance with this Part, some or all of the cost of contracted care services provided to a resident assessed as requiring care maximum contribution, in relation to a resident assessed as requiring care who is residing in a particular region, means the weekly amount, inclusive of goods and services tax, that is set by notice in the Gazette under section 152 as the maximum contribution applying to that region, and is the maximum that any resident assessed as requiring care may be required to pay for contracted care services provided in that region needs assessment means an assessment, carried out under section 137, that assesses whether an eligible person requires long-term residential care in a hospital or rest home indefin- itely 364 Reprinted as at 27 July 2012 Social Security Act 1964 Part 4 s 136 personal allowance means an amount of benefit, specified in regulations made under section 155, that a person is not re- quired to contribute to the cost of contracted care services pro- vided to the person provider means a person who provides long-term residential care in a hospital or rest home; and, in relation to a resident assessed as requiring care, means the person providing that care to the resident region means any geographical area defined by the Director- General of Health as being a region for the purpose of identi- fying maximum contributions (such as, for example, a District Health Board area, or a district of a territorial authority) resident assessed as requiring care means an eligible person who— (a)
 has been needs assessed as requiring long-term residen- tial care in a hospital or rest home indefinitely; and is receiving contracted care services from a provider irrespective of whether a funder has any liability to pay for any of the cost of his or her care.
(b) section 88 notice means a notice given under section 88 of the New Zealand Public Health and Disability Act 2000 in respect of the provision of long-term residential care to eligible persons service agreement means a service agreement entered into between a funder and provider under section 25 of the New Zealand Public Health and Disability Act 2000 in respect of the provision of long-term residential care to eligible persons.
Section 136: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).

Section 136 contracted care provider: inserted, on 22 November 2006, by section 6(2) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

Section 136 contracted care services: replaced, on 22 November 2006, by section 6(1) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
Section 136 cost of contracted care services: replaced, on 22 November 2006, by section 6(1) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

Section 136 personal allowance: inserted, on 22 November 2006, by section 6(2) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
365 Part 4 s 137 Social Security Act 1964 Reprinted as at 27 July 2012 Section 136 resident assessed as requiring care paragraph (b): amended, on 22 November 2006, by section 6(3) of the Social Security (Long-term Residen- tial Care) Amendment Act 2006 (2006 No 67).

Section 136 section 88 notice: inserted, on 22 November 2006, by section 6(2) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
Section 136 service agreement: inserted, on 22 November 2006, by section 6(2) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

Needs assessment Heading: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).

137 Needs assessment (1) A DHB may conduct a needs assessment of an eligible person at any time.

(2) An eligible person may apply at any time to a DHB for a needs assessment.
(3) A needs assessment of an eligible person must ascertain whether the person requires long-term residential care in a hospital or rest home indefinitely.

(4) A DHB that receives a request under subsection (2) must ar- range for a needs assessment to be conducted as soon as prac- ticable.

The date of a person’s needs assessment is the date shown as such on the assessment.
(5) (6) A copy of the assessment must be provided to— (a) (b) the person to whom it applies; and the provider (if any) who is currently providing long- term residential care to the person.
For the purposes of a needs assessment (and, in particular, con- sent to a needs assessment), the Code of Health and Disabil- ity Services Consumers’ Rights (made under section 74 of the Health and Disability Commissioner Act 1994) applies as if— the needs assessment were a service; and (a) the person assessed were a consumer of that service; and (b) the DHB or its delegate were a provider of that service.
(c) Section 137: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).
(7) 366 Reprinted as at 27 July 2012 Social Security Act 1964 Part 4 s 139 138 Effect of being assessed as requiring long-term residential care in hospital or rest home indefinitely (b) (1) An eligible person who has been needs assessed as requiring long-term residential care in a hospital or rest home indefin- itely— (a) receives contracted care services if he or she is receiv- ing long-term residential care from a contracted care provider, irrespective of whether a funder has any li- ability to pay for any of the cost of his or her care; and is, or becomes, a resident assessed as requiring care as soon as he or she receives contracted care services and sections 139 to 142 therefore apply; and is entitled, under section 144, to apply for a means as- sessment in accordance with Schedule 27.
(2) When a person is notified of the results of a needs assessment, the DHB must advise the person to whom it relates— (a) (b) of the amount of the maximum contribution; and of the person’s and the funder’s respective liabilities under sections 139 to 142; and about how to apply for a means assessment.

(c) Section 138: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).
(c) Section 138(1)(a): replaced, on 22 November 2006, by section 7 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

Section 138(1)(b): replaced, on 22 November 2006, by section 7 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

Section 138(1)(c): inserted, on 22 November 2006, by section 7 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
Liability to pay Heading: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).

139 Personal obligation to pay for care (1) The following people are liable to pay the cost of long-term residential care provided to them in a hospital or rest home: (a) (b) a resident assessed as requiring care; and any other eligible person receiving long-term residen- tial care from a provider.
367 Part 4 s 140 Social Security Act 1964 Reprinted as at 27 July 2012 (2) (3) The most that a resident assessed as requiring care may be required to pay towards the cost of contracted care services provided to him or her is the maximum contribution.

The amount that a resident assessed as requiring care is liable to pay under subsection (1) is reduced by whatever a funder must pay in respect of the resident under any of sections 140, 141, or 142.
(4) Nothing in this section affects the liability of a resident as- sessed as requiring care to pay, under an agreement between the resident and a provider, for any services provided to the resident that are not contracted care services.

Section 139: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).
Section 139(1): replaced, on 22 November 2006, by section 8 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
140 Funder’s liability in respect of persons whose assets are above applicable asset threshold or who have not been means assessed This section applies to— (a) (1) a resident assessed as requiring care who has been means assessed and found to have assets above the applicable asset threshold; and a resident assessed as requiring care who has not been means assessed, or for whom the result of a means as- sessment is not yet known.
(b) If the cost of contracted care services provided to a person to whom this section applies exceeds the maximum contribution, the funder must pay the difference between the maximum con- tribution and the cost of contracted care services provided to the person.
The funder’s liability under subsection (2) arises on the later of— (a) the date on which the person is needs assessed as requir- ing long-term residential care in a hospital or rest home indefinitely; or the date on which the person commences receiving con- tracted care services from a provider.
(b) (2) (3) 368 Reprinted as at 27 July 2012 Social Security Act 1964 Part 4 s 142 Section 140: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).
141 Funder’s liability in respect of persons whose assets are (1) (2) (3) (4) equal to or below applicable asset threshold This section applies to a resident assessed as requiring care who— (a) has been means assessed as to assets under Part 2 of Schedule 27 and been found to have assets equal to or less than the applicable asset threshold; and has had a contribution determined following a means assessment as to income under Part 3 of Schedule 27.
(b) In the case of a person to whom this section applies, the funder must pay the difference between the cost of contracted care services provided to the person and the person’s contribution determined following a means assessment as to income.

The funder’s liability under subsection (2) arises on the date on which the person’s assets are equal to or less than the ap- plicable asset threshold, except as provided in subsection (4).
If the person’s assets are equal to or less than the applicable asset threshold more than 90 days before the date of means as- sessment that establishes that fact, the funder’s liability arises on the date that is 90 days before the date of means assessment.

Section 141: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).
Section 141(4): amended, on 22 November 2006, by section 9 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
142 Funder’s liability in respect of exempt persons and elderly (1) victims of crime In the case of an exempt person, the funder must pay the amount determined in accordance with the following formula: p = c − (b − a) where — p c b is the amount the funder must pay is the cost of contracted care services provided to the exempt person is the amount of any benefit received by the exempt person 369 Part 4 s 143 Social Security Act 1964 Reprinted as at 27 July 2012 a is the personal allowance.
(1A) By way of explanation, the effect of subsection (1) is that the funder pays the cost of contracted care services provided to an exempt person, but the exempt person contributes the amount of any benefit that he or she receives, less the amount of the personal allowance.

In the case of an elderly victim of crime, the funder must pay the full cost of contracted care services provided to the person.
The funder’s liability under subsection (1) or subsection (2) arises— (a) (2) (3) on the date on which the person, being a resident as- sessed as requiring care, is confirmed under regulations made under section 155 as being an exempt person or elderly victim of crime, as the case requires; or in the case of a person to whom section 10 of the Social Security (Long-term Residential Care) Amendment Act 2004 applies, on the date on which this section comes into force.
(b) Section 142: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).

Section 142(1): replaced, on 22 November 2006, by section 10 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

Section 142(1A): inserted, on 22 November 2006, by section 10 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
143 Residents assessed as requiring care aged 50 to 64 not required to pay out of assets This section applies to every resident assessed as requiring care who is aged 50 to 64 years, is single, and has no dependent children.

Every person to whom this section applies must be treated for the purposes of Part 4 as if the person were a resident assessed as requiring care who has been means assessed and found to have assets equal to or less than the applicable asset threshold.
By way of explanation, the effect of subsection (2) is that a person to whom this section applies— (a) may not be means tested as to assets, and, if the person has already been means tested as to assets, the result of that test is to be disregarded; and (1) (2) (3) 370 Reprinted as at 27 July 2012 Social Security Act 1964 Part 4 s 145 (b) is not required to pay for contracted care services out of assets, but is required to pay only the contribution (as determined by a means test as to income under Part 3 of Schedule 27) towards the cost of those services.
Section 143: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).

Section 143(2): amended, on 22 November 2006, by section 11 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

Means assessment Heading: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).
144 Application for means assessment (1) An eligible person who has been needs assessed as requiring long-term residential care in a hospital or rest home indefin- itely may apply at any time for a means assessment.

(2) An application for a means assessment must be made on a form (3) provided for the purpose by the chief executive.

The chief executive must arrange for a means assessment to be conducted as soon as practicable after receiving an application.
Section 144: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).
145 Date of means assessment In this Part, date of means assessment means,— (a) in the case of a first means assessment conducted under this Part, the date on which the application for the means assessment is received: in the case of a review of a means assessment for which the person has applied under section 150(1)(a), the date on which the application for the review is received: in the case of a review under section 150(1)(b), the date of means assessment that applied to the earlier, appar- ently mistaken, means assessment: in the case of a review under section 150(1)(c), the date, determined by the chief executive, on which the per- son’s circumstances changed: (b) (c) (d) 371 Part 4 s 146 Social Security Act 1964 Reprinted as at 27 July 2012 (e) (f) in the case of a review under section 150(2), the date on which the chief executive initiated the review: in the case of a review under section 150(2A)— (i) conducted by the chief executive in the event of a general adjustment of rates of benefits or allow- ances, the date of that general adjustment; or conducted as a result of advice received by the department under section 149(1), the date on which that advice was received; or conducted by the chief executive in any other case, the date on which the chief executive ini- tiated the review.
(ii) (iii) Section 145: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).

Section 145(f): inserted, on 22 November 2006, by section 12 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

146 Means assessment as to assets (1) (2) (3) The first stage of a means assessment is a means assessment as to assets, conducted under Part 2 of Schedule 27.
The means assessment as to assets must assess the value of the non-exempt assets of the person as at the date of means as- sessment and must determine whether those assets are above, equal to, or less than the applicable asset threshold.
By way of explanation, if a person’s assets are assessed as be- ing above the applicable asset threshold, the person must (in accordance with section 139) pay the cost of contracted care services up to the maximum contribution, but if the cost of con- tracted care services exceeds that amount then the additional costs will be paid by the funder in accordance with section 140.
Section 146: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).

147 Means assessment as to income (1) The second stage of a means assessment is a means assessment as to income, conducted under Part 3 of Schedule 27.

(2) A means assessment as to income must be conducted if the person’s assets, as assessed by a means assessment as to assets, are equal to or less than the applicable asset threshold.
372 Reprinted as at 27 July 2012 Social Security Act 1964 Part 4 s 147A (3) The means assessment as to income must assess the annual income of the person as at the date of means assessment and must determine a weekly contribution, up to the maximum contribution, that the person must pay from income towards the cost of contracted care services provided to the person.
(4) A means assessment as to income must also determine— (5) (a) (b) whether the assets of the person became equal to or less than the applicable asset threshold more than 90 days before the date of means assessment; or the date, being a date during the 90 days before the date of means assessment, on which the person’s assets be- came equal to or less than the applicable asset threshold.

The purpose of subsection (4) is to determine when the fun- der’s liability arises under section 141.
Section 147: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).

Section 147(4)(a): amended, on 22 November 2006, by section 13 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

Section 147(4)(b): amended, on 22 November 2006, by section 13 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
(2) 147A Deprivation of assets and income (1) If the chief executive is satisfied that a person who has applied for a means assessment, or the spouse or partner of that per- son, has directly or indirectly deprived himself or herself of any income or property (other than an exempt asset), the chief executive may in his or her discretion conduct the means as- sessment as if the deprivation had not occurred.
If the chief executive is satisfied that a person who has been means assessed, or the spouse or partner of that person, has directly or indirectly deprived himself or herself of any income or property (other than an exempt asset), the chief executive may in his or her discretion include that income or property in a review of the person’s means assessment under section 150 as at the date of means assessment as if the deprivation had not occurred.
Section 147A: inserted, on 22 November 2006, by section 14 of the Social Se- curity (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

373 Part 4 s 148 Social Security Act 1964 Reprinted as at 27 July 2012 (2) 148 Notice of means assessment (including reviews) (1) Every means assessment (including a reviewed means assess- ment), whether it relates only to assets or to both assets and income, must be in writing and a copy must be provided to the person to whom it relates.
The provider, the funder, and the Ministry of Health must be advised, with respect to every person who is means assessed or whose means assessment is reviewed, whether the person has assets above the applicable threshold or, if the person’s assets are equal to or less than the applicable threshold, what the person’s weekly contribution from income is assessed as being.

Section 148: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).
149 Obligation to advise change of circumstances and right to (1) apply for review Every person listed in subsection (2) is obliged to advise the department of any change in the financial or other circum- stances of a person who has been means assessed, or of that person’s spouse or partner, if the person— (a) knows or ought to know of the change of circumstances; and knows or ought to know that the change might mean that the means assessment is no longer accurate.
(b) (1A) However, subsection (1) does not apply if— (a) (b) a funder has no liability under section 140 or section 142 in respect of the cost of contracted care services provided to the person who has been means assessed; or the person who has been means assessed has been found to have assets equal to or less than the applicable asset threshold and the change relates to the value of that per- son’s assets, or to the value of the assets of that person’s spouse or partner.
The people with the obligation under subsection (1) are as fol- lows: (a) the person who has been means assessed: (2) 374 Reprinted as at 27 July 2012 Social Security Act 1964 Part 4 s 150 (b) (c) (d) the spouse or partner of the person who has been means assessed: the holder of an enduring power of attorney (given in ac- cordance with Part 9 of the Protection of Personal and Property Rights Act 1988) who acts under the endur- ing power of attorney in relation to the property of the means tested person or the spouse or partner: the provider who provides services to the person who has been means assessed.
(3) (b) Every funder is obliged to take all practicable steps to ensure that every resident assessed as requiring care— (a) is advised of the right, under section 150(1)(a), to apply for a review of the person’s means assessment; and is notified whenever a change is made to the tests used in means assessments (such as an increase to applicable asset thresholds, or a change to the personal allowance) that might mean that, if the person’s means assessment were reviewed, the result would be different from the result of the person’s latest means assessment.
Section 149: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).

Section 149(1): amended, on 1 July 2005, by section 7 of the Social Security Amendment Act 2005 (2005 No 21).

Section 149(1A): inserted, on 22 November 2006, by section 15 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

Section 149(2)(b): amended, on 1 July 2005, by section 7 of the Social Security Amendment Act 2005 (2005 No 21).
Section 149(2)(c): amended, on 1 July 2005, by section 7 of the Social Security Amendment Act 2005 (2005 No 21).
150 Review of means assessment (1) The chief executive must review a person’s means assessment in each of the following circumstances: (a) the person applies for a review on a form provided for the purpose by the chief executive: the chief executive has reason to believe that there was a mistake in the earlier assessment, whether as a result of wrong information being supplied or otherwise: (b) 375 Part 4 s 150 Social Security Act 1964 Reprinted as at 27 July 2012 (c) (ii) (iii) in the case of a person who has a spouse or partner, the circumstances of the person have changed as a result of— (i) the spouse or partner becoming a resident as- sessed as requiring care; or the death of the spouse or partner; or the chief executive determining under section 63 that the conjugal status of the person’s spouse or partner has changed for the purpose of this Part.
In the case only of a person who has been means assessed and been found to have assets above the applicable threshold, the chief executive may review the person’s means assessment at any time if the chief executive considers that the person’s assets have fallen, or are about to fall, to a level where they are equal to or less than the applicable asset threshold.
In the case only of a person who has been means assessed and been found to have assets equal to or less than the applicable asset threshold, the chief executive— (a) may review the person’s means assessment annually; (2) (2A) and (b) may, if the chief executive considers that the person’s annual income has changed or is about to change, re- view the person’s means assessment at any time.
(3) Nothing in subsection (2) or subsection (2A) obliges the chief executive to conduct a review of a means assessment follow- ing a change in the tests used in means assessments (such as an increase to applicable asset thresholds or a change to the personal allowance) unless the person to whom the means as- sessment relates applies for a review under subsection (1)(a).
(4) A review must review the person’s means assessment as to assets and, if necessary, the person’s means assessment as to income unless subsection (4A) applies.

(4A) A review must review the person’s means assessment as to in- come only (and not the person’s means assessment as to assets) if the review is conducted under— (a) subsection (1)(a) and the person has been means as- sessed and found to have assets equal to or less than the applicable asset threshold; or subsection (2A).
(b) 376 Reprinted as at 27 July 2012 Social Security Act 1964 Part 4 s 151 (4B) A review under this section is conducted as at the date of (5) means assessment.

Section 147(4) applies if a review under this section deter- mines that, as at the date of means assessment, the assets of the person were equal to or less than the applicable asset thresh- old.

Section 150: inserted , on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).
Section 150(1)(c): amended, on 1 July 2005, by section 7 of the Social Security Amendment Act 2005 (2005 No 21).

Section 150(1)(c)(i): amended, on 1 July 2005, by section 7 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 150(1)(c)(ii): amended, on 1 July 2005, by section 7 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Section 150(1)(c)(iii): amended, on 1 July 2005, by section 7 of the Social Security Amendment Act 2005 (2005 No 21).
Section 150(2A): inserted, on 22 November 2006, by section 16(1) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

Section 150(3): amended, on 22 November 2006, by section 16(2) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

Section 150(4): replaced, on 22 November 2006, by section 16(3) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
Section 150(4A): inserted, on 22 November 2006, by section 16(3) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

Section 150(4B): inserted, on 22 November 2006, by section 16(3) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
(2) 151 Conjugal status for purpose of means assessment (1) The chief executive’s discretion under section 63 to regard cer- tain people as husband and wife, or as single, and to determine the date on which they may be so regarded, applies for the pur- poses of this Part to a resident assessed as requiring care as if the resident were an applicant for a benefit.
The chief executive may not determine that, for the purposes of this Part, a person is single by reason only that the person or his or her spouse or partner— (a) (b) is a resident assessed as requiring care; or has become unable to affirm his or her marriage or civil union.

Section 151: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).
377 Part 4 s 152 Social Security Act 1964 Reprinted as at 27 July 2012 Section 151(1): amended, on 1 July 2005, by section 7 of the Social Security Amendment Act 2005 (2005 No 21).

Section 151(2): amended, on 1 July 2005, by section 7 of the Social Security Amendment Act 2005 (2005 No 21).

Section 151(2)(b): amended, on 1 July 2005, by section 7 of the Social Security Amendment Act 2005 (2005 No 21).
Miscellaneous Heading: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).

(2) 152 Maximum contributions set by Gazette notice (1) The Director-General of Health must, by notice in the Gazette, set the maximum contribution that applies in each region.
By way of explanation, the amount of the maximum contribu- tion set for a region is the amount agreed at a national level between funder representatives and provider representatives as being the amount that funders in that region are to pay to providers in that region for providing rest-home-level care ser- vices.

(3) However, if the amount identified under subsection (2) for a region is less than $636, the maximum contribution for that region must be set at $636.
Section 152: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).

Section 152(2): replaced, on 22 November 2006, by section 17 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
153 Residential care loan scheme A person who has been means assessed as to assets may apply for a loan under the residential care loan scheme operated by the Ministry of Health if— (a) the person’s assets are above the applicable asset thresh- old; and the person meets the criteria for eligibility for the resi- dential care loan scheme as notified by the Director- General of Health in the Gazette.
(b) Section 153: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).
378 Reprinted as at 27 July 2012 Social Security Act 1964 Part 4 s 155 154 Clothing allowance (1) Regulations may be made under section 155 that provide for payment of a clothing allowance to either or both of the fol- lowing class of person: (a) residents assessed as requiring care who have been means assessed and found to have assets equal to or less than the applicable asset threshold: residents assessed as requiring care who have entered into a loan agreement with the Crown under the resi- dential care loan scheme.
(b) (2) The amount of the clothing allowance must be set by regula- tions made under section 155.

Section 154: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).
155 Regulations relating to this Part (1) The Governor-General may, by Order in Council, make regu- lations for all or any of the following matters: (a) (b) (c) [Repealed] identifying a class or classes of exempt persons: prescribing how a person is to be assessed as being, or no longer being, an elderly victim of crime: providing, in accordance with section 154, for payment of a clothing allowance, and setting the amount of any clothing allowance payable: prescribing, for the purpose of section 147A, rules re- lating to deprivation of property, income, or both, and the circumstances in which those rules apply: prescribing the gifting period and the allowable gifts, or the value of any allowable gifts, for the purpose of Part 2 of Schedule 27: amending the maximum value of pre-paid funerals for the purposes of paragraph (d) of the definition of exempt assets in Part 2 of Schedule 27: prescribing assets, or an amount of assets, that are ex- empt assets for the purpose of paragraph (f) of the def- inition of exempt assets in Part 2 of Schedule 27: (d) (e) (f) (g) (h) 379 Part 4 s 155 Social Security Act 1964 Reprinted as at 27 July 2012 (i) (j) (k) (l) increasing the applicable asset thresholds and the in- come-from-assets exemption in accordance with sub- section (2): prescribing an amount or type of income, or an amount of a certain type of income, that is not to be included in a means assessment as to income, as provided for in paragraph (k) of the definition of income in Part 3 of Schedule 27: prescribing the amount of personal allowance: providing for any other matters contemplated by this Part, necessary for its administration, or necessary for giving it full effect.
The applicable asset thresholds set out in Part 1 of Schedule 27 must be increased on 1 July 2013, and on every following 1 July, and the income-from-assets exemption (as defined in Part 3 of Schedule 27) must be increased on 1 July 2007, and on every following 1 July, by an amount that reflects the move- ment in the All Groups index number of the New Zealand Con- sumers Price Index (published by Statistics New Zealand) for the year ending on the previous 31 March.
(2) (2A) The adjustments (by any percentage movement in the All Groups index number of the New Zealand Consumers Price Index) required under subsection (2) as at 1 July 2011, 1 July 2012, and 1 July 2013 insofar as they are required for the income-from-assets exemption (but not insofar as they are required for the applicable asset thresholds) must, despite that subsection, be calculated,— (a) if, and insofar as, they relate to movements during quar- ters that end before 29 April 2010, using, for those quarters, the All Groups index numbers of the New Zealand Consumers Price Index published by Statistics New Zealand; and if, and insofar as, they relate to movements during quarters that end after 28 April 2010, using, for those quarters, the All Groups excluding cigarettes and other tobacco products index numbers of the New Zealand Consumers Price Index published by Statistics New Zealand.
(b) 380 Reprinted as at 27 July 2012 Social Security Act 1964 Part 4 s 155 (3) (4) (5) If the adjusted amount of an applicable asset threshold or, as the case requires, of income-from-assets exemption is not a whole number of dollars— (a) it must be rounded up to the nearest whole number of dollars; but the adjustment made in the following year must be based on the applicable asset threshold or the in- come-from-assets exemption as it was before it was rounded up.
(b) The Director-General of Health must, as soon as practicable after 1 July in each year, give notice in the Gazette of the cur- rent amount of the income-from-assets exemption.

This section does not limit any other power given in this Act to make regulations.

Section 155: inserted, on 1 July 2005, by section 5 of the Social Security (Long- term Residential Care) Amendment Act 2004 (2004 No 101).
Section 155(1)(a): repealed, on 1 July 2006, by section 9 of the War Pensions Amendment Act 2006 (2006 No 32).

Section 155(1)(e): amended, on 22 November 2006, by section 18(1) of the So- cial Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
Section 155(1)(i): amended, on 1 July 2012 (applying in respect of residents assessed as requiring care before, on, or after that date), by section 5(1) of the Social Security (Long-term Residential Care—Budget Measures) Amendment Act 2012 (2012 No 40).

Section 155(1)(k): amended, on 22 November 2006, by section 18(2) of the So- cial Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
Section 155(2): amended, on 1 July 2012 (applying in respect of residents as- sessed as requiring care before, on, or after that date), by section 5(2) of the Social Security (Long-term Residential Care—Budget Measures) Amendment Act 2012 (2012 No 40).

Section 155(2): amended, on 7 July 2010, by section 17 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).
Section 155(2): amended, on 22 November 2006, by section 18(3) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

Section 155(2A): inserted, on 27 September 2010, by section 32 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 155(2A): amended, on 1 July 2012 (applying in respect of residents assessed as requiring care before, on, or after that date), by section 5(3) of the Social Security (Long-term Residential Care—Budget Measures) Amendment Act 2012 (2012 No 40).
Section 155(3): amended, on 1 July 2012 (applying in respect of residents as- sessed as requiring care before, on, or after that date), by section 5(4) of the 381 Part 4 s 155 Social Security Act 1964 Reprinted as at 27 July 2012 Social Security (Long-term Residential Care—Budget Measures) Amendment Act 2012 (2012 No 40).
Section 155(3)(b): amended, on 1 July 2012 (applying in respect of residents assessed as requiring care before, on, or after that date), by section 5(5) of the Social Security (Long-term Residential Care—Budget Measures) Amendment Act 2012 (2012 No 40).

382 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 3 Schedule 1 Rates of superannuation benefits [Repealed] s 15 Schedule 1: repealed, on 9 February 1977, by section 4(1) of the Social Security Amendment Act 1976 (1976 No 40).
Schedule 2 Rates of age benefits [Repealed] ss 18, 19, 20 Schedule 2: repealed, on 9 February 1977, by section 4(1) of the Social Security Amendment Act 1976 (1976 No 40).

Schedule 3 Rates of widows’ benefits ss 21, 24 Schedule 3: replaced, on 10 March 2003, by section 30 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).
To a beneficiary with 1 or more depend- ent children To a beneficiary without any dependent children For the purposes of clause 1, the chief executive may, in his or her discre- tion, disregard up to $20 a week of the beneficiary’s personal earnings used to meet the cost of child care for any of the beneficiary’s dependent children.
$293.58 a week, subject to Income Test 1 $213.49 a week, subject to Income Test 1 1 2 3 Schedule 3 item 1: replaced, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 3 item 1: amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 3 item 2: amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

383 Schedule 4 Social Security Act 1964 Reprinted as at 27 July 2012 Schedule 4 Maximum rates of orphans’ benefits and unsupported childs’ benefits Schedule 4: replaced, on 1 October 1990, by section 21(1) of the Social Security Amendment Act (No 2) 1990 (1990 No 74).
1 (a) In respect of a child aged 14 years or $199.43 a week over (b) In respect of a child aged over 10 years $182.42 a week and under 14 years (c) In respect of a child aged over 5 years $165.31 a week and under 10 years (d) In respect of a child aged under 5 years $142.45 a week 2 The amount specified in clause 1 of this Schedule shall be diminished by $1 for every complete $1 of the annual income of the child (other than personal earnings of the child) in excess of 50% of the appropriate amount specified under that clause.
Schedule 4 item 1(a): amended, on 1 April 2012 (applying to benefits (within the mean- ing of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 4 item 1(b): amended, on 1 April 2012 (applying to benefits (within the mean- ing of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 4 item 1(c): amended, on 1 April 2012 (applying to benefits (within the mean- ing of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 4 item 1(d): amended, on 1 April 2012 (applying to benefits (within the mean- ing of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 5 Rates of family benefits [Repealed] s 34 Schedule 5: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).

384 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 6 Schedule 6 Rates of invalids’ benefits ss 42, 43 Schedule 6: replaced, on 1 July 1996, by section 39(1) of the Social Security Amendment Act 1996 (1996 No 20).
1 (a) To a single beneficiary under the age of 18 years without dependent children (b) To any other single beneficiary without dependent children (c) To a single beneficiary with 1 or more dependent children (d) [Repealed] (e) To a beneficiary (with or without de- pendent children) who is married or in a civil union or in a de facto relationship, whose spouse or partner is granted, in his or her own right, a benefit (other than a veteran’s pension) (f) To a beneficiary (with or without de- pendent children) who is married or in a civil union or in a de facto relationship, whose spouse or partner is not granted a benefit in his or her own right (g) To a beneficiary (with or without de- pendent children) who is married or in a civil union or in a de facto relationship, whose spouse or partner is granted, in his or her own right, a veteran’s pension $207.32 a week, subject to Income Test 1.
$256.19 a week, subject to Income Test 1.

$336.55 a week, subject to Income Test 1 $213.49 a week, subject to Income Test 2.

$213.49 a week, increased by $213.49 a week in re- spect of his or her spouse or partner, the total rate to be subject to Income Test 1.
$213.49 a week, subject to Income Test 1. provided that, in computing the income of any beneficiary for the purpose of this schedule, the chief executive shall— (a) disregard that part of the beneficiary’s income (not exceeding $20 a week) earned by the beneficiary’s own efforts; and disregard all of the income of a totally blind beneficiary earned by the beneficiary’s own efforts.
Maximum amount from all sources where subsidy paid on earnings of blind invalid, in every case $343.49 a week, increased by $42.70 a week if the beneficiary is a single per- son.

(b) 2 Schedule 6 item 1(a): amended, on 1 April 2012 (applying to benefits (within the mean- ing of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 6 item 1(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 6 item 1(b): amended, on 1 April 2012 (applying to benefits (within the mean- ing of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
385 Schedule 6 Social Security Act 1964 Reprinted as at 27 July 2012 Schedule 6 item 1(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 6 item 1(c): replaced, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2005 No 51).
Schedule 6 item 1(c): amended, on 1 April 2012 (applying to benefits (within the mean- ing of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 6 item 1(c): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 6 item 1(d): repealed, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2005 No 51).
Schedule 6 item 1(e): amended, on 1 April 2012 (applying to benefits (within the mean- ing of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 6 item 1(e): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 6 item 1(e): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Schedule 6 item 1(f): amended, on 1 April 2012 (applying to benefits (within the mean- ing of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 6 item 1(f): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 6 item 1(f): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Schedule 6 item 1(g): amended, on 1 April 2012 (applying to benefits (within the mean- ing of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 6 item 1(g): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 6 item 1(g): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Schedule 6 item 1 proviso: amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Schedule 6 item 2: amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 6 item 2: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

386 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 8 Schedule 7 Rates of miners’ benefits and miners’ widows’ benefits [Repealed] ss 49, 53 Schedule 7: repealed, on 30 June 1993, by section 5(2) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
Schedule 8 Rates of benefit payable to person receiving a sickness benefit immediately before 1 July 1998 [Repealed] s 55(3) Schedule 8: repealed, on 27 September 2010, by section 33 of the Social Secur- ity (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
387 Schedule 9 Social Security Act 1964 Reprinted as at 27 July 2012 Schedule 9 Rates of unemployment benefits and sickness benefits ss 60JA, 99 Schedule 9: replaced, on 1 July 1996, by section 39(1) of the Social Security Amendment Act 1996 (1996 No 20).

Schedule 9 heading: substituted, on 1 July 2001, by section 44(1) of the Social Security Amendment Act 2001 (2001 No 1).

Schedule 9 heading: amended, on 1 October 1998, by section 56(1)(a) of the Social Security Amendment Act 1998 (1998 No 19).
$136.64 a week, subject to Income Test 3.

$170.80 a week, subject to Income Test 3.

$204.96 a week, subject to Income Test 3.
$293.58 a week, subject to Income Test 3 $170.80 a week, subject to Income Test 4 $170.80 a week, increased by $170.80 a week in respect of his or her spouse or partner, the total rate to be subject to Income Test 3 $170.80 a week, subject to Income Test 3 1 (aa) To a single beneficiary under the age of 20 years who is— (i) living with a parent (as that term is defined in section 3(1)); and (ii) Whose benefit commenced on or after 1 July 1998 To any other single beneficiary under the age of 25 years without dependent children To any other single beneficiary with- out dependent children To a single beneficiary with 1 or more dependent children To a beneficiary who is married or in a civil union or in a de facto re- lationship (with or without depend- ent children) whose spouse or part- ner is granted, in his or her own right, a benefit (other than a veteran’s pen- sion) To a beneficiary who is married or in a civil union or in a de facto relation- ship (with or without dependent chil- dren) whose spouse or partner is not granted a benefit in his or her own right To a beneficiary who is married or in a civil union or in a de facto rela- tionship (with or without dependent children) whose spouse or partner is granted, in his or her own right, a vet- eran’s pension [Repealed] [Repealed] [Repealed] (a) (b) (c) (d) (e) (f) (g) (h) (i) 388 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 9 (j) [Repealed] 2 Maximum increase in respect of a housekeeper $170.80 a week.
3 [Repealed] 4 [Repealed] 5 Special rate of benefit for persons to whom section 99(4) applies 6 [Repealed] $170.80 a week, subject to Income Test 4 Schedule 9 item (1)(aa): inserted, on 1 July 1998, by section 10(2) of the Social Security Amendment Act 1998 (1998 No 19).

Schedule 9 item 1(aa): amended, on 1 April 2012 (applying to benefits (within the mean- ing of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 9 item 1(aa): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 9 item 1(aa): amended, on 1 July 2001, by section 44(2) of the Social Security Amendment Act 2001 (2001 No 1).

Schedule 9 clause 1(a): amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 9 item 1(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 9 item 1(a): amended, on 1 July 2001, by section 44(3) of the Social Security Amendment Act 2001 (2001 No 1).

Schedule 9 item (1)(a): inserted, on 1 July 1998, by section 10(3) of the Social Security Amendment Act 1998 (1998 No 19).
Schedule 9 clause 1(b): amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 9 item 1(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 9 item 1(c): replaced, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2005 No 51).
Schedule 9 item 1(c): amended, on 1 April 2012 (applying to benefits (within the mean- ing of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 9 item 1(c): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 9 item 1(d): replaced, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2005 No 51).
Schedule 9 item 1(d): amended, on 1 April 2012 (applying to benefits (within the mean- ing of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

389 Schedule 9 Social Security Act 1964 Reprinted as at 27 July 2012 Schedule 9 item 1(d): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Schedule 9 item 1(d): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 9 item 1(e): replaced, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2005 No 51).

Schedule 9 item 1(e): amended, on 1 April 2012 (applying to benefits (within the mean- ing of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 9 item 1(e): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 9 item 1(e): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 9 item 1(f): amended, on 1 April 2012 (applying to benefits (within the mean- ing of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 9 item 1(f): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 9 item 1(f): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 9 item 1(g): repealed, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Schedule 9 item 1(h): repealed, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 9 item 1(i): repealed, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 9 item 1(j): repealed, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Schedule 9 item 1(g): repealed, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 9 item 2: amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 9 item 3: repealed, on 1 July 1996, by section 2(2) of the Social Security Amendment Act (No 3) 1996 (1996 No 49).
Schedule 9 item 4: repealed, on 1 January 1998, by section 10(1) of the Social Security Amendment Act (No 3) 1997 (1997 No 23).

Schedule 9 item 5: substituted, on 1 October 1998, by section 56(2) of the Social Se- curity Amendment Act 1998 (1998 No 19).

Schedule 9 item 5: amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 9 item 5: amended, on 1 July 2001, by section 44(4) of the Social Security Amendment Act 2001 (2001 No 1).

390 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 9 Schedule 9 item 6: repealed, on 1 October 1998, by section 40(2)(c) of the Social Se- curity Amendment Act 1998 (1998 No 19).
391 Schedule 10 Social Security Act 1964 Reprinted as at 27 July 2012 s 66 Schedule 10 Special income exemption in respect of sick benefits from friendly or like society (New Zealand superannuation payable under section 16, invalids’, widows’, domestic purposes, and sickness benefits only) Schedule 10: replaced, on 20 July 1983, by section 12(1) of the Social Security Amendment Act 1983 (1983 No 138).
Schedule 10 heading: amended, on 1 April 1994, pursuant to section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Maximum rate $2 a week in the case of a sickness benefit, and $104 a year in any other case.

Schedule 11 Special income exemption in respect of earnings from domestic and nursing service [Repealed] s 67 Schedule 11: repealed, on 14 May 1969, by section 5(1) of the Social Security Amendment Act 1969 (1969 No 46).
Schedule 12 Maximum increase in rate of benefit payable to parent of deceased member of forces or mercantile marine s 69 Schedule 12: replaced, on 20 July 1983, by section 12(1) of the Social Security Amendment Act 1983 (1983 No 138).

Maximum rate $1 a week.

392 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 13 Schedule 13 Enactments repealed s 135(1) Finance Act (No 4) 1940 (1940 No 30) (1957 Reprint, Vol 14, p 580) Amendment(s) incorporated in the Act(s).
Finance Act 1941 (1941 No 4) (1957 Reprint, Vol 14, p 581) Amendment(s) incorporated in the Act(s).

Finance Act (No 3) 1944 (1944 No 31) (1957 Reprint, Vol 14, p 586) Amendment(s) incorporated in the Act(s).

Finance Act (No 2) 1945 (1945 No 45) (1957 Reprint, Vol 14, p 590) Amendment(s) incorporated in the Act(s).

Finance Act (No 2) 1948 (1948 No 78) (1957 Reprint, Vol 14, p 593) Amendment(s) incorporated in the Act(s).
Finance Act (No 2) 1952 (1952 No 81) (1957 Reprint, Vol 14, p 602) Amendment(s) incorporated in the Act(s).

Public Revenues Amendment Act 1963 (1963 No 46) Amendment(s) incorporated in the Act(s).
Social Security Act 1938 (1938 No 7) (1957 Reprint, Vol 14, p 475) Social Security Amendment Act 1939 (1939 No 31) (1957 Reprint, Vol 14, p 578) Social Security Amendment Act 1940 (1940 No 5) (1957 Reprint, Vol 14, p 579) 393 Schedule 13 Social Security Act 1964 Reprinted as at 27 July 2012 Social Security Amendment Act 1943 (1943 No 19) (1957 Reprint, Vol 14, p 583) Social Security Amendment Act 1945 (1945 No 11) (1957 Reprint, Vol 14, p 586) Social Security Amendment Act 1946 (1946 No 22) (1957 Reprint, Vol 14, p 590) Social Security Amendment Act 1947 (1947 No 28) (1957 Reprint, Vol 14, p 593) Social Security Amendment Act 1949 (1949 No 38) (1957 Reprint, Vol 14, p 594) Social Security Amendment Act 1950 (1950 No 49) (1957 Reprint, Vol 14, p 597) Social Security Amendment Act 1951 (1951 No 54) (1957 Reprint, Vol 14, p 600) Social Security Amendment Act 1954 (1954 No 69) (1957 Reprint, Vol 14, p 604) Social Security Amendment Act 1955 (1955 No 9) (1957 Reprint, Vol 14, p 606) Social Security Amendment Act (No 2) 1955 (1955 No 34) (1957 Reprint, Vol 14, p 608) Social Security Amendment Act 1957 (1957 No 92) (1957 Reprint, Vol 14, p 609) Social Security Amendment Act 1958 (1958 No 46) Social Security Amendment Act 1959 (1959 No 80) Social Security Amendment Act 1960 (1960 No 13) 394 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 13 Social Security Amendment Act 1961 (1961 No 6) Social Security Amendment Act 1962 (1962 No 22) Social Security Amendment Act (No 2) 1962 (1962 No 102) Social Security
 Amendment Act 1963 (1963 No 47) Social Security Amendment Act 1964 (1964 No 37) 395 Schedule 14 Social Security Act 1964 Schedule 14 Child supplements [Repealed] Reprinted as at 27 July 2012 s 61A Schedule 14: repealed, on 1 October 1986, by section 14(1)(c) of the Social Security Amendment Act 1986 (1986 No 39).
Schedule 15 Maximum rate of rehabilitation allowance [Repealed] s 124(4) Schedule 15: repealed, on 5 November 1976, by section 28(3)(a) of the Disabled Persons Community Welfare Act 1975 (1975 No 122).

Schedule 16 Rates of domestic purposes benefits ss 27B, 27C, 27H Schedule 16: replaced, on 10 March 2003, by section 30 of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
To a beneficiary with 1 or more depend- ent children To a beneficiary without any dependent children For the purposes of clause 1, the chief executive may, in his or her discre- tion, disregard up to $20 a week of the beneficiary’s personal earnings used to meet the cost of child care for any of the beneficiary’s dependent children.
$293.58 a week, subject to Income Test 1 $213.49 a week, subject to Income Test 1 1 2 3 Schedule 16 item 1: replaced, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 16 item 1: amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 16 clause 2: amended, on 1 April 2012 (applying to benefits (within the mean- ing of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

396 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 17 Schedule 17 Rates of domestic purposes benefits ss 27G, 27H Schedule 17: replaced, on 1 July 1996, by section 39(1) of the Social Security Amendment Act 1996 (1996 No 20).
$213.49 a week, subject to Income Test 2 $207.32 a week, subject to Income Test 1 $256.19 a week, subject to Income Test 1 $336.55 a week, subject to Income Test 1 To a single beneficiary under the age of 18 years without dependent children To any other single beneficiary without dependent children To a single beneficiary with 1 or more dependent children [Repealed] To a beneficiary (with or without de- pendent children) who is married or in a civil union or in a de facto relationship, whose spouse or partner is granted, in his or her own right, a benefit (other than New Zealand superannuation or a veteran’s pension) To a beneficiary (with or without de- pendent children) who is married or in a civil union or in a de facto relationship, whose spouse or partner is not granted a benefit in his or her own right To a beneficiary (with or without de- pendent children) who is married or in a civil union or in a de facto re- lationship, whose spouse or partner is granted, in his or her own right, New Zealand superannuation or a veteran’s pension) Notwithstanding anything in clauses 5 to 7, the rate of the domestic pur- poses benefit paid to a beneficiary under any provision of those clauses shall not be less than the aggregate of the rates of domestic purposes benefits that would be payable if the beneficiary and the spouse or part- ner of the beneficiary were both entitled to receive a domestic purposes benefit; but the rate of benefit payable by virtue of this clause shall not exceed $213.49 a week.
$213.49 a week, subject to Income Test 1 $213.49 a week, subject to Income Test 1 Schedule 17 item 1: amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 17 item 1: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Schedule 17 item 2: amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

397 Schedule 17 Social Security Act 1964 Reprinted as at 27 July 2012 Schedule 17 item 2: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Schedule 17 item 3: replaced, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 17 item 3: amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 17 item 3: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Schedule 17 item 4: repealed, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 17 item 5: amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 17 item 5: amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Schedule 17 item 5: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 17 item 6: amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 17 item 6: amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Schedule 17 item 6: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 17 item 7: amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 17 item 7: amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Schedule 17 item 7: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 17 item 8: amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 17 item 8: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
398 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 18 1 Schedule 18 Accommodation supplement ss 61E, 61EA, 61FC, 61FD Schedule 18: replaced, on 1 July 1993, by section 34(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
Part 1 Preliminary For the purposes of this schedule— Area 1 means the following parts of New Zealand (as from time to time defined by the Government Statistician): Central Auckland urban zone Northern Auckland urban zone Area 2 means the following parts of New Zealand (as from time to time defined by the Government Statistician): Algies Bay—Mahurangi area unit Arrowtown urban area Awhitu area unit Bombay area unit Brightwater urban area Cape Rodney area unit Clevedon area unit Glenbrook area unit Great Barrier Island area unit Helensville urban area Hunua area unit Islands—Motutapu, Rangitoto, Rakino area unit Karekare area unit Kaukapakapa area unit Kawau area unit Kingseat area unit Leigh area unit Little Barrier Island area unit Mangatawhiri area unit Maramarua area unit Matheson Bay area unit 399 Schedule 18 Social Security Act 1964 Reprinted as at 27 July 2012 Part 1—continued Meremere area unit Muriwai Beach area unit Nelson urban area Onewhero area unit Otaua area unit Parakai area unit Patumahoe area unit Pokeno area unit Pukekohe urban area Queenstown urban area Rewiti area unit Riverhead area unit Snells Beach urban area South Head area unit Southern Auckland urban zone Tahekeroa area unit Tauhoa-Puhoi area unit Tauranga urban area Waiheke Island urban area Waiuku urban area Wakefield urban area Wanaka urban area Warkworth urban area Wellington urban zone Wellsford urban area Western Auckland urban zone Area 3 means the following parts of New Zealand (as from time to time defined by the Government
 Statistician): Alexandra urban area Blenheim urban area Cambridge urban zone Christchurch urban area Cloustonville area unit 400 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 18 Part 1—continued Cromwell urban area Darfield urban area Dunedin urban area Feilding urban area Hamilton urban zone Hanmer Springs urban area Hastings urban zone Kaitaia urban area Kapiti Island area unit Kapiti urban area Katikati Community urban area Kerikeri urban area Leeston urban area Lincoln urban area Lower
 Hutt urban zone Makara-Ohariu area unit Mana Island area unit Mangaroa area unit Matamata urban area Maungakotukutuku area unit Motueka urban area Nabhra area unit Napier urban zone New Plymouth urban area Opiki area unit Otaki urban area Paekakariki Hill area unit Paihia urban area Palmerston North urban area Pencarrow area unit Porirua urban zone Raglan urban area Rangiora urban area 401 Schedule 18 Social Security Act 1964 Reprinted as at 27 July 2012 Part 1—continued Rolleston urban area Rotorua urban area Russell urban area Taipa Bay–Mangonui urban area Tairua urban area Takaka urban area Taupo urban area Te Awamutu urban zone Te Puke Community urban area Thames urban area Tokomaru area unit Upper Hutt urban zone Waihi Beach urban area Whakatane urban area Whangamata urban area Whangarei urban area Whitianga urban area Woodend urban area Area 4 means any part of New Zealand not included in Area 1, Area 2, or Area 3 base rate means, subject to clause 4A,— (a) in relation to a single beneficiary under the age of 25 years, the maximum weekly rate of benefit he or she would have been entitled to receive, before any abatement or deduction, if he or she had attained the age of 25 years: in relation to a single beneficiary with a dependent child or dependent children, the maximum weekly rate of benefit he or she is entitled to receive, before any abate- ment or deduction, plus the maximum annual rate of family tax credit (divided by 52) that is payable in re- spect
 of an eldest dependent child who is under 16 under subparts MA to MF and MZ of the Income Tax Act 2007: (b) 402 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 18 Part 1—continued (c) (d) (da) (e) in relation to any other single beneficiary, the maximum weekly rate of benefit he or she would be entitled to receive before any abatement or deduction: in relation to a beneficiary who is married or in a civil union or in a de facto relationship (not being a bene- ficiary to whom paragraph (da)
 applies), the maximum weekly rate of benefit he or she is entitled to receive, be- fore any abatement or deduction, plus (where he or she has 1 or more dependent children) the maximum annual rate of family tax credit (divided by 52) that is paid in respect of an eldest dependent child who is under 16 (if any) under subparts MA to MF and MZ of the Income Tax Act 2007, plus the maximum weekly rate of benefit paid in respect of his or her spouse or partner: in relation to a beneficiary who is married or in a civil union or in a de facto relationship whose spouse or part- ner in not entitled to an accommodation supplement under section 80C, the rate specified in paragraph (d) as if a rate of benefit were paid in respect of that spouse or partner: in relation to a single non-beneficiary with 1 or more dependent children,— (i) the appropriate maximum weekly rate of unem- ployment benefit; plus the annual rate of family tax credit (divided by 52) that is payable in respect of a first dependent child who is under 16 years under subparts MA to MF and MZ of the Income Tax Act 2007 or subpart KD of the Income Tax Act 2004 or sub- part KD of the Income Tax Act 1994 (whichever is applicable): (ii) (f) (g) the in relation to any other single non-beneficiary, weekly rate of unemployment benefit at the rate in clause 1(b) of Schedule 9 before any abatement or deduction: in relation to a non-beneficiary who is married or in a civil union or in a de facto relationship,— 403
 Schedule 18 Social Security Act 1964 Reprinted as at 27 July 2012 Part 1—continued (i) (ii) (iii) the appropriate maximum weekly rate of unem- ployment benefit; plus (if he or she has 1 or more dependent children) the maximum annual rate of family tax credit (divided by 52) that is payable in respect of a first dependent child who is under 16 years under subparts MA to MF and MZ of the Income Tax Act 2007 or subpart KD of the Income Tax Act 2004 or subpart KD of the Income Tax Act 1994 (whichever is
 applicable); plus the maximum weekly rate of unemployment benefit that would have been payable in respect of his or her spouse or partner (i) (ii) 3 The amount of accommodation supplement assessed under this schedule shall be reduced— (a) (b) [Repealed] in the case of a non-beneficiary, by 25 cents for every $1 of the combined weekly income of the applicant and any spouse or partner of the applicant in excess of the amount of income that would prevent payment of an unemployment benefit— in the case of a single applicant without dependent chil- dren, at the maximum rate in clause 1(b) of Schedule 9; or in the case of any other applicant, at the appropriate maximum rate in Schedule 9.
In assessing the income of a person in receipt of a widow’s benefit or a domestic purposes benefit for the purposes of section 61EC and of this schedule, the chief executive, in his or her discretion, may disregard an amount of up to $20 a week of that person’s earnings which are used to meet the cost of placing his or her dependent child or dependent children in a day-care centre registered under the Child Care Centre Regula- tions 1985 or in any other day-care facility approved by the chief executive.
2 404 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 18 Part 1—continued 4 Every accommodation supplement assessed under this schedule shall be rounded up to the complete dollar.
4A In determining the base rate in relation to a person in respect of any period that is wholly or partly within the period commencing on 1 October 2010 and ending on the close of 31 March 2011, the chief executive must, under paragraph (b) or (d) or (e)(ii) or (g)(ii) of the def- inition of base rate in clause 1, use the applicable annual rate, or as the case requires, the maximum annual rate of family tax credit in force immediately before 1 Octo- ber 2010 as if sections 61 to 63 of the Taxation (Budget Measures) Act 2010 had not been enacted.
Schedule 18 Part 1 clause 1 Area 1: replaced, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 1 clause 1 Area 2: replaced, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 1 clause 1 Area 3: inserted, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Schedule 18 Part 1 clause 1Area 4: inserted, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 1 clause 1 Auckland: repealed, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 1 clause 1 base rate: amended, on 20 May 2010, by section 3(1) of the Social Security Amendment Act 2010 (2010 No 30).
Schedule 18 Part 1 clause 1 base rate paragraph (b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Schedule 18 Part 1 clause 1 base rate paragraph (b): amended (with effect from 1 April 2007), on 19 December 2007, by section 300 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).
Schedule 18 Part 1 clause 1 base rate paragraph (b): amended, on 1 January 1998, by section 10(1) of the Social Security Amendment Act (No 3) 1997 (1997 No 23).

Schedule 18 Part 1 clause 1 base rate paragraph (d): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
405 Schedule 18 Social Security Act 1964 Reprinted as at 27 July 2012 Part 1—continued Schedule 18 Part 1 clause 1 base rate paragraph (d): amended (with effect from 1 April 2007), on 19 December 2007, by section 300 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).

Schedule 18 Part 1 clause 1 base rate paragraph (d): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Schedule 18 Part 1 clause 1 base rate paragraph (d): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 18 Part 1 clause 1 base rate paragraph (d): amended, on 1 October 2004, by section 19 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 1 clause 1 base rate paragraph (d): amended, on 1 January 1998, by section 10(1) of the Social Security Amendment Act (No 3) 1997 (1997 No 23).
Schedule 18 Part 1 clause 1 base rate paragraph (d): amended, on 1 Octo- ber 1995, by section 40(1) of the Social Security Amendment Act 1996 (1996 No 20).

Schedule 18 Part 1 clause 1 base rate paragraph (da): inserted, on 1 Octo- ber 1995, by section 40(2) of the Social Security Amendment Act 1996 (1996 No 20).

Schedule 18 Part 1 clause 1 base rate paragraph (da): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Schedule 18 Part 1 clause 1 base rate paragraph (da): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 18 Part 1 clause 1 base rate paragraph (e): replaced, on 1 October 2004, by section 19 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Schedule 18 part 1 clause 1 base rate paragraph (e)(ii): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Schedule 18 part 1 clause 1 base rate paragraph (e)(ii): amended (with effect from 1 April 2007), on 19 December 2007, by section 300 of the Taxation (Busi- ness Taxation and Remedial Matters) Act 2007 (2007 No 109).
Schedule 18 Part 1 clause 1 base rate paragraph (f): replaced, on 1 October 2004, by section 19 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 1 clause 1 base rate paragraph (g): replaced, on 1 October 2004, by section 19 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 1 clause 1 base rate paragraph (g): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Schedule 18 Part 1 clause 1 base rate paragraph (g): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

406 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 18 Part 1—continued Schedule 18 Part 1 clause 1 base rate paragraph (g)(ii): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Schedule 18 Part 1 clause 1 base rate paragraph (g)(ii): amended (with effect from 1 April 2007), on 19 December 2007, by section 300 of the Taxation (Busi- ness Taxation and Remedial Matters) Act 2007 (2007 No 109).

Schedule 18 Part 1 clause 1 base rate paragraph (g)(iii): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Schedule 18 Part 1 clause 1 Wellington: repealed, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 1 clause 2(a): repealed, on 1 October 2004, by section 19 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 1 clause 2(b): replaced, on 1 October 2004, by section 19 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Schedule 18 Part 1 clause 2(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 18 Part 1 clause 3: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Schedule 18 Part 1 clause 4A: inserted, on 20 May 2010, by section 3(2) of the Social Security Amendment Act 2010 (2010 No 30).
Part 2 Rates of accommodation supplement 1 To a person who has 1 or children more dependent and who is married or in a civil union or in a de facto relationship, or a sole parent with 2 or more dependent children, whose accommo- dation costs are rent or pay- ments for board and lodg- ings 70% of the amount by which an appli- cant’s weekly accommodation costs ex- ceeds 25% of the base rate, but not more than— (a) $225 a week, if the applicant re- sides in Area 1: $165 a week, if the applicant re- sides in Area 2: $120 a week, if the applicant re- sides in Area 3: $75 a week, if the applicant resides in Area 4.
(b) (c) (d) 2 To a person who has no de- pendent children and who is married or in a civil union or in a de facto relationship, or 70% of the amount by which an appli- cant’s weekly accommodation costs ex- ceeds 25% of the base rate, but not more than— 407 Schedule 18 Social Security Act 1964 Reprinted as at 27 July 2012 Part 2—continued a sole parent with 1 depend- ent child, whose accommo- dation costs are rent or pay- ments for board and lodg- ings (a) (b) (c) (d) $160 a week, if the applicant re- sides in Area 1: $125 a week, if the applicant re- sides in Area 2: $75 a week, if the applicant resides in Area 3: $55 a week, if the applicant resides in Area 4.
70% of the amount by which an appli- cant’s weekly accommodation costs ex- ceeds 25% of the base rate, but not more than— (a) $145 a week, if the applicant re- sides in Area 1: $100 a week, if the applicant re- sides in Area 2: $65 a week, if the applicant resides in Area 3: $45 a week, if the applicant resides in Area 4.
(b) (c) (d) 70% of the amount by which an appli- cant’s weekly accommodation costs ex- ceeds 30% of the base rate, but not more than— (a) $225 a week, if the applicant re- sides in Area 1: $165 a week, if the applicant re- sides in Area 2: $120 a week, if the applicant re- sides in Area 3: $75 a week, if the applicant resides in Area 4.
(b) (c) (d) 3 To any other person whose accommodation costs are rent or payments for board and lodgings 4 To a person who has 1 or more dependent children and who is married or in a civil union or in a de facto relationship, or a sole parent with 2 or more dependent children, whose accommo- dation costs are the sum of payments required under any mortgage security, and other payments that the chief executive is satisfied are rea- sonably required to be made in respect of the person’s home 408 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 18 Part 2—continued 5 To a person who has no de- pendent children and who is married or in a civil union or in a de facto relation- ship, or a sole parent with 1 dependent child, whose ac- commodation costs are the sum of payments required under any mortgage secur- ity, and other payments that the chief executive is satis- fied are reasonably required to be made in respect of the person’s home 6 To any other person whose accommodation costs are the sum of payments required under any mortgage security, and other payments that the chief executive is satisfied are reasonably required to be made in respect of the person’s home 70% of the amount by which an appli- cant’s weekly accommodation costs ex- ceeds 30% of the base rate, but not more than— (a) $160 a week, if the applicant re- sides in Area 1: $125 a week, if the applicant re- sides in Area 2: $75 a week, if the applicant resides in Area 3: $55 a week, if the applicant resides in Area 4.
(b) (c) (d) 70% of the amount by which an appli- cant’s weekly accommodation costs ex- ceeds 30% of the base rate, but not more than— (a) $145 a week, if the applicant re- sides in Area 1: $100 a week, if the applicant re- sides in Area 2: $65 a week, if the applicant resides in Area 3: $45 a week, if the applicant resides in Area 4.

(b) (c) (d) Schedule 18 Part 2 item 1: amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Schedule 18 Part 2 item 1: amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Schedule 18 Part 2 item 1: amended, on 1 July 1997, by section 4 of the Social Security Amendment Act 1997 (1997 No 21).

Schedule 18 Part 2 item 1(a): amended, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Schedule 18 Part 2 item 1(a): amended, on 1 October 1996, by section 3(2)(a) of the Social Security Amendment Act (No 5) 1996 (1996 No 155).

Schedule 18 Part 2 clause 1(b): amended, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 2 item 1(b): amended, on 1 October 1996, by section 3(2)(b) of the Social Security Amendment Act (No 5) 1996 (1996 No 155).
Schedule 18 Part 2 clause 1(c): replaced, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 2 clause 1(d): inserted, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
409 Schedule 18 Social Security Act 1964 Reprinted as at 27 July 2012 Part 2—continued Schedule 18 Part 2 item 2: amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 18 Part 2 item 2: amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Schedule 18 Part 2 item 2: amended, on 1 July 1997, by section 4 of the Social Security Amendment Act 1997 (1997 No 21).
Schedule 18 Part 2 item 2(a): amended, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 2 item 2(a): amended, on 1 October 1996, by section 3(2)(a) of the Social Security Amendment Act (No 5) 1996 (1996 No 155).

Schedule 18 Part 2 item 2(b): amended, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Schedule 18 Part 2 item 2(b): amended, on 1 October 1996, by section 3(2)(a) of the Social Security Amendment Act (No 5) 1996 (1996 No 155).

Schedule 18 Part 2 item 2(c): replaced, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 2 item 2(d): inserted, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Schedule 18 Part 2 item 3: amended, on 1 July 1997, by section 4 of the Social Security Amendment Act 1997 (1997 No 21).

Schedule 18 Part 2 item 3(a): amended, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 2 item 3(a): amended, on 1 October 1996, by section 3(2)(a) of the Social Security Amendment Act (No 5) 1996 (1996 No 155).
Schedule 18 Part 2 item 3(b): amended, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 2 item 3(b): amended, on 1 October 1996, by section 3(2)(b) of the Social Security Amendment Act (No 5) 1996 (1996 No 155).

Schedule 18 Part 2 item 3(c): replaced, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Schedule 18 Part 2 item 3(d): inserted, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 2 item 4: amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 18 Part 2 item 4: amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).
Schedule 18 Part 2 item 4: amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Schedule 18 Part 2 item 4: amended, on 1 July 1997, by section 4 of the Social Security Amendment Act 1997 (1997 No 21).

Schedule 18 Part 2 item 4(a): amended, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
410 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 18 Part 2—continued Schedule 18 Part 2 item 4(a): amended, on 1 October 1996, by section 3(2)(a) of the Social Security Amendment Act (No 5) 1996 (1996 No 155).

Schedule 18 Part 2 item 4(b): amended, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Schedule 18 Part 2 item 4(b): amended, on 1 October 1996, by section 3(2)(b) of the Social Security Amendment Act (No 5) 1996 (1996 No 155).

Schedule 18 Part 2 item 4(c): replaced, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 2 item 4(d): inserted, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Schedule 18 Part 2 item 5: amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 18 Part 2 item 5: amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Schedule 18 Part 2 item 5: amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Schedule 18 Part 2 item 5: amended, on 1 July 1997, by section 4 of the Social Security Amendment Act 1997 (1997 No 21).

Schedule 18 Part 2 item 5(a): amended, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 2 item 5(a): amended, on 1 October 1996, by section 3(2)(a) of the Social Security Amendment Act (No 5) 1996 (1996 No 155).
Schedule 18 Part 2 item 5(b): amended, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 2 item 5(b): amended, on 1 October 1996, by section 3(2)(b) of the Social Security Amendment Act (No 5) 1996 (1996 No 155).

Schedule 18 Part 2 item 5(c): replaced, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Schedule 18 Part 2 item 5(d): inserted, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 2 item 6: amended, on 1 October 1998, by section 11 of the Employ- ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Schedule 18 Part 2 item 6: amended, on 1 July 1997, by section 4 of the Social Security Amendment Act 1997 (1997 No 21).
Schedule 18 Part 2 item 6(a): amended, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Schedule 18 Part 2 item 6(a): amended, on 1 October 1996, by section 3(2)(a) of the Social Security Amendment Act (No 5) 1996 (1996 No 155).

Schedule 18 Part 2 item 6(b): amended, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Schedule 18 Part 2 item 6(b): amended, on 1 October 1996, by section 3(2)(b) of the Social Security Amendment Act (No 5) 1996 (1996 No 155).

411 Schedule 19 Social Security Act 1964 Reprinted as at 27 July 2012 Part 2—continued Schedule 18 Part 2 item 6(c): replaced, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Schedule 18 Part 2 item 6(d): inserted, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Part 3 Average regional rental [Repealed] Schedule 18 Part 3: repealed, on 17 November 2000, by section 7(2) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
Part 4 Maximum additional amount payable to a beneficiary resident in an institution or home [Repealed] Schedule 18 Part 4: repealed, on 1 July 1995, by section 28(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Schedule 19 Rates of child disability allowance and disability allowance ss 39B, 69C Schedule 19: replaced, on 6 November 1985, by section 25(1) of the Social Security Amendment Act (No 2) 1985 (1985 No 159).
Schedule 19 heading: amended, on 1 September 1998, by section 12(4)(d) of the Social Security Amendment Act 1998 (1998 No 19).
1 Rate of child disability allowance 2 Maximum rate of disability allowance under sec- $45.34 a week $60.17 a week tion 69C(1) 3 Rate of special disability allowance under sec- $37.53 a week tion 69C(5) Schedule 19 item 1: amended, on 1 April 2012 (applying in accordance with section 61H(2) of this Act), by clause 7 of the Social Security (Rates of Benefits and Allow- ances) Order 2012 (SR 2012/21).
Schedule 19 item 1: amended, on 1 September 1998, by section 12(4)(d) of the Social Security Amendment Act 1998 (1998 No 19).

412 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 21 Schedule 19 item 2: amended, on 1 April 2012 (applying in accordance with section 61H(2) of this Act), by clause 7 of the Social Security (Rates of Benefits and Allow- ances) Order 2012 (SR 2012/21).
Schedule 19 item 3: amended, on 1 April 2012 (applying in accordance with section 61H(2) of this Act), by clause 7 of the Social Security (Rates of Benefits and Allow- ances) Order 2012 (SR 2012/21).

Schedule 20 Rates of contributions by liable parents to cost of domestic purposes benefit [Repealed] s 27N(1) Schedule 20: repealed, on 1 July 1992, by section 13(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).
Schedule 21 Rates of family care grants [Repealed] ss 86D, 86E(2) Schedule 21: repealed, on 1 October 1986, by section 17(1)(b) of the Social Security Amendment Act 1986 (1986 No 39).

413 Schedule 22 Social Security Act 1964 Reprinted as at 27 July 2012 Schedule 22 Rates of benefits payable to long-term hospital patients s 75(3), (4) Schedule 22: inserted, on 6 November 1985, by section 27(1) of the Social Security Amendment Act (No 2) 1985 (1985 No 159).
1 To a person without dependent children who is married or in a civil union or in a de facto relationship, or a single person, who is in receipt of a benefit (other than New Zealand superannuation, a veteran’s pension, an orphan’s benefit, or an unsupported child’s benefit) 2 To a person without dependent children who is married or in a civil union or in a de facto relationship, or a single person, who is in re- ceipt of New Zealand superannuation under Part 1 of the Social Welfare (Transitional Provisions) Act 1990 $42.38 a week.
An amount which, after income tax is withheld pursuant to tax code “M” (as specified in section 24B(3) of the Tax Ad- ministration Act 1994) is equal to the amount spe- cified in clause 1.

Schedule 22 item 1: amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 22 item 1: amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 22 item 1: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 22 item 1: amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Schedule 22 item 2: amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

Schedule 22 item 2: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Schedule 22 item 2: amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Schedule 22 item 2: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 22 item 2: amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

414 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 25 Schedule 23 Transition to work allowance [Repealed] s 69D Schedule 23: repealed, on 1 July 1996, by section 32(2) of the Social Security Amendment Act 1996 (1996 No 20).
Schedule 24 Rates of national superannuation [Repealed] s 15 Schedule 24: repealed, on 1 April 1990, by section 14(18) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Schedule 25 Rate of telephone-service-rental allowance [Repealed] s 69A Schedule 25: repealed, on 1 April 1991, by section 24(1) of the Social Security Amendment Act 1991 (1991 No 1).
415 Schedule 26 Social Security Act 1964 Reprinted as at 27 July 2012 Schedule 26 Rates of independent youth benefits Section 60G Schedule 26: replaced, on 1 July 1996, by section 39(1) of the Social Security Amendment Act 1996 (1996 No 20).
1 To a single beneficiary 2 To a beneficiary who is married or in a civil union or in a de facto relationship and whose spouse or partner is granted, in his or her own right, an independent youth benefit $170.80 a week, subject to Income Test 3 $170.80 a week, subject to Income Test 4 3 To any other beneficiary who is married or in a civil union or in a de facto relationship $170.80 a week, subject to Income Test 3 Schedule 26 item 1: amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 26 item 1: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 26 item 2: amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 26 item 2: amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Schedule 26 item 2: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 26 item 3: amended, on 1 April 2012 (applying to benefits (within the meaning of this Act) payable on and after that date), by clause 6(1) of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 26 item 3: amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Schedule 26 item 3: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 27 Means assessment under Part 4 s 136 Schedule 27: replaced, on 1 July 2005, by section 6 of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
416 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 27 1 (1) (2) (3) Part 1 Applicable asset thresholds Applicable asset thresholds This clause specifies the applicable asset thresholds that apply annually for the year 1 July 2012 to 30 June 2013 and for all later years beginning on 1 July.
Threshold A is $213,297 and applies to every resident assessed as requiring care— (a) (b) whose spouse or partner is also a resident assessed as who has no spouse or partner; or (c) requiring care; or whose spouse or partner is not a resident assessed as re- quiring care but who has elected, under clause 2, to have Threshold A apply to him or her rather than Thresh- old B.
Threshold B is $116,806 and applies to every resident assessed as requiring care— (a) whose spouse or partner is not a resident assessed as requiring care; and (b) who has not elected, under clause 2, to have Thresh- old A apply to him or her.

Schedule 27 Part 1 clause 1: replaced, on 1 July 2012 (applying in respect of residents assessed as requiring care before, on, or after that date), by section 7 of the Social Security (Long-term Residential Care—Budget Measures) Amend- ment Act 2012 (2012 No 40).
Certain residents may elect which threshold to apply 2 (1) A resident assessed as requiring care whose spouse or partner is not a resident assessed as requiring care may elect to have Threshold A in clause 1 apply to him or her instead of having Threshold B in clause 1 apply.
(2) A resident’s election before 1 July 2012 and under this clause (as in force before 1 July 2012) to have Column A of the table in clause 1 (as in force before 1 July 2012) apply to him or her is, after 30 June 2012, treated as an election to have Thresh- old A in clause 1 apply to him or her.
Schedule 27 Part 1 clause 2: replaced, on 1 July 2012 (applying in respect of residents assessed as requiring care before, on, or after that date), by section 7 of the Social Security (Long-term Residential Care—Budget Measures) Amend- ment Act 2012 (2012 No 40).
417 Schedule 27 Social Security Act 1964 Reprinted as at 27 July 2012 Part 1—continued Explanation of election The effect of making an election under clause 2 is that the person’s applicable asset threshold will increase, but the value of any interest in the residential dwelling and the car of the person’s spouse or partner will be included in the calculation of the person’s assets (see paragraphs (a) and (b) of the definition of exempt assets in Part 2).
Schedule 27 Part 1 clause 3: amended, on 1 July 2005, by section 7 of the Social Security Amendment Act 2005 (2005 No 21).
Part 2 Means assessment as to assets Definitions For the purpose of a means assessment as to assets conducted under section 146,— assets, in relation to the person being means assessed, means the assets of the person and his or her spouse or partner (if any) that are capable of being realised by the person or his or her spouse or partner; and includes— (a) the value of any right, under a contract or arrangement with any person, to be paid or repaid money on termin- ation of a licence to occupy part of any property, build- ing, or premises, adjusted to take into account any con- ditions or restrictions on that right: the value of assets that have been gifted by the person, the person’s spouse or partner, or both during the pre- scribed gifting period immediately before the date of means assessment; but does not include any allowable gifts, or the value of any allowable gifts, prescribed by regulations made under section 155: [Repealed] (c) exempt assets, in relation to the person being means tested, means— (a) any interest in a residential dwelling that is the princi- pal residence of the person’s spouse or partner or a de- pendent child of the person; but this exemption does (b) 3 4 418 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 27 Part 2—continued not apply to a person who has made an election under clause 2: any interest in 1 car or similar vehicle that is for the personal use of the person’s spouse or partner; but this exemption does not apply to a person who has made an election under
 clause 2: the value of any ex gratia payment by the Government of New Zealand or the Government of any other country to the person because the person or his or her spouse or partner was a prisoner of war or civilian internee of Japan during the Second World War: the value of any pre-paid funeral of the person or of the person’s spouse or partner, up to a value of $10,000 (or such other amount as may be prescribed by regulations made under section 155) for each: a lump sum paid to the person under Schedule 1
 of the Accident Compensation Act 2001, or a lump sum pay- ment of an independence allowance under Part 13 of the Accident Insurance Act 1998 or Part 4 of Schedule 1 of that Act; but this exemption applies only in the first 12 months after the payment is made: any contributions to, or any member’s interest in, any KiwiSaver scheme that is registered under the KiwiSaver Act 2006, except the following: money withdrawn from such a scheme: (i) (ii) money that the member is entitled to withdraw from the scheme under clause 4(3) of the Kiwi- Saver scheme rules under that Act: (iii) money that the member has applied to withdraw and that would be a permitted withdrawal under those rules: any assets, or amount of assets, of the person or his or her spouse or partner declared by regulations made under section 155 to be exempt assets.
(b) (c) (d) (e) (ea) (f) Schedule 27 Part 2 clause 4 assets: amended, on 22 November 2006, by section 20 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

419 Schedule 27 Social Security Act 1964 Reprinted as at 27 July 2012 Part 2—continued Schedule 27 Part 2 clause 4 assets paragraph (c): repealed, on 22 November 2006, by section 20 of the Social Security (Long-term Residential Care) Amend- ment Act 2006 (2006 No 67).
Schedule 27 Part 2 clause 4 exempt assets paragraph (e): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Schedule 27 Part 2 clause 4 exempt assets paragraph (ea): inserted, on 1 De- cember 2006, by section 231 of the KiwiSaver Act 2006 (2006 No 40).
Part 3 Means assessment relating to income 5 Definitions For the purpose of a person’s means assessment as to income under section 147,— income means the following, and in every case is the income after deduction of income tax: (a) (b) (c) (d) the income of the person or his or her spouse or partner that is within the meaning given in section 3(1): any benefit received by the person: 50% of any amount received by the person or by his or her spouse or partner by way of a pension that— (i) is from any superannuation scheme, whether or not that scheme is constituted in New Zealand; and is not New Zealand superannuation; and is not an overseas pension: (ii) (iii) 50% of any amount received by the person or by his or her spouse or partner under an annuity paid in respect of a policy of life insurance (whether or not issued in New Zealand): [Repealed] (e) but does not include the following: (f) the income of the person’s spouse or partner that is earned by the personal effort of the spouse or partner: any amount of income received by the spouse or partner that is within paragraph (d) of the definition of income in section 3: (g) 420 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 27 Part 3—continued (h) (i) (j) (k) any clothing allowance payable to the person under regulations made under section 155: the income-from-assets exemption of the person: any amount paid by a funder in respect of the cost of contracted care services provided to the person or his or her spouse or partner: any amount or type of
 income, or amount of a certain type of income, specified in regulations made under sec- tion 155 income-from-assets exemption means the amount of income derived from assets each year not exceeding the following (or such other amount or amounts as may be prescribed by regu- lations made under section 155): (a) (b) $945, if the person is single; or $1,890, if the person’s spouse or partner is a resident assessed as requiring care; or $2,835 if the person’s spouse or partner is not a resident assessed as requiring care (c) Schedule 27 Part 3 clause 5income paragraph (a): amended, on 22 Novem- ber 2006, by section 20 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
Schedule 27 Part 3 clause 5income paragraph (c): replaced, on 22 November 2006, by section 20 of the Social Security (Long-term Residential Care) Amend- ment Act 2006 (2006 No 67).

Schedule 27 Part 3 clause 5income paragraph (d): replaced, on 22 Novem- ber 2006, by section 20 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
Schedule 27 Part 3 clause 5income paragraph (e): repealed, on 22 November 2006, by section 20 of the Social Security (Long-term Residential Care) Amend- ment Act 2006 (2006 No 67).

Schedule 27 Part 3 clause 5income paragraph (i): amended, on 22 Novem- ber 2006, by section 20 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
Schedule 27 Part 3 income-from-assets exemption: replaced, on 22 Novem- ber 2006, by section 19(1) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

Schedule 27 Part 3 clause 5 income-from-assets exemption paragraph (a): amended, on 1 July 2012, by regulation 3(a) of the Social Security (Long-term Residential Care) Amendment Regulations (No 4) 2012 (SR 2012/88).
421 Schedule 27 Social Security Act 1964 Reprinted as at 27 July 2012 Part 3—continued Schedule 27 Part 3 clause 5 income-from-assets exemption paragraph (b): amended, on 1 July 2012, by regulation 3(b) of the Social Security (Long-term Residential Care) Amendment Regulations (No 4) 2012 (SR 2012/88).
Schedule 27 Part 3 clause 5 income-from-assets exemption paragraph (c): amended, on 1 July 2012, by regulation 3(c) of the Social Security (Long-term Residential Care) Amendment Regulations (No 4) 2012 (SR 2012/88).

Schedule 27 Part 3 clause 5personal allowance: repealed, on 22 November 2006, by section 20 of the Social Security (Long-term Residential Care) Amend- ment Act 2006 (2006 No 67).
Annual income For the purposes of a means assessment as to income, a per- son’s annual income is his or her estimated income (as defined in clause 5) for the period of 52 weeks commencing on the date of means assessment.

Weekly income A person’s weekly income is the person’s annual income di- vided by 52.

Weekly contribution The weekly contribution payable by a person whose income is assessed is the person’s weekly income less the personal allowance (as defined in section 136).
Schedule 27 Part 3 clause 8: amended, on 22 November 2006, by section 20 of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

6 7 8 422 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 28 Schedule 28 Period of benefit stand down s 80BA Schedule 28: inserted, on 1 April 1997, by section 42 of the Social Security Amendment Act 1996 (1996 No 20).
The stand down period for a benefit to which section 80BA applies is— 1 For a person who is married or in a civil union or in a de facto relationship— (a) with average income less than the average wage 1 week plus $80 for each dependent child (b) [Repealed] (c) [Repealed] (d) [Repealed] (e) [Repealed] (f) [Repealed] (g) [Repealed] in any other case— (h) [Repealed] (i) [Repealed] (j) For a single person— (a) with average income of less than the average wage minus $80 plus $80 for each dependent child 2 weeks 1 week (b) [Repealed] (c) [Repealed] (d) [Repealed] (e) [Repealed] (f) [Repealed] (g) [Repealed] (h) [Repealed] (i) [Repealed] (j) In clauses 1 and 2, dependent child means a person who was a dependent child of the applicant for the benefit at any time during the average income calculation period.
in any other case— 2 weeks 2 3 Schedule 28 item 1: amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 28 item 1: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

423 Schedule 28 Social Security Act 1964 Reprinted as at 27 July 2012 Schedule 28 item 1(a): amended, on 1 April 2005, by section 20(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Schedule 28 item 1(b): repealed, on 2 July 2007, by section 16(1)(a) of the Social Se- curity Amendment Act 2007 (2007 No 20).

Schedule 28 item 1(c): repealed, on 2 July 2007, by section 16(1)(a) of the Social Se- curity Amendment Act 2007 (2007 No 20).

Schedule 28 item 1(d): repealed, on 2 July 2007, by section 16(1)(a) of the Social Se- curity Amendment Act 2007 (2007 No 20).

Schedule 28 item 1(e): repealed, on 2 July 2007, by section 16(1)(a) of the Social Se- curity Amendment Act 2007 (2007 No 20).
Schedule 28 item 1(f): repealed, on 2 July 2007, by section 16(1)(a) of the Social Se- curity Amendment Act 2007 (2007 No 20).

Schedule 28 item 1(g): repealed, on 2 July 2007, by section 16(1)(a) of the Social Se- curity Amendment Act 2007 (2007 No 20).

Schedule 28 item 1(h): repealed, on 2 July 2007, by section 16(1)(a) of the Social Se- curity Amendment Act 2007 (2007 No 20).

Schedule 28 item 1(i): repealed, on 2 July 2007, by section 16(1)(a) of the Social Se- curity Amendment Act 2007 (2007 No 20).
Schedule 28 clause 1(j): amended, on 2 July 2007, by section 16(1)(b) of the Social Security Amendment Act 2007 (2007 No 20).

Schedule 28 clause 2: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 28 clause 2(b): repealed, on 2 July 2007, by section 16(2)(a) of the Social Security Amendment Act 2007 (2007 No 20).

Schedule 28 clause 2(c): repealed, on 2 July 2007, by section 16(2)(a) of the Social Security Amendment Act 2007 (2007 No 20).
Schedule 28 clause 2(d): repealed, on 2 July 2007, by section 16(2)(a) of the Social Security Amendment Act 2007 (2007 No 20).

Schedule 28 clause 2(e): repealed, on 2 July 2007, by section 16(2)(a) of the Social Security Amendment Act 2007 (2007 No 20).

Schedule 28 clause 2(f): repealed, on 2 July 2007, by section 16(2)(a) of the Social Security Amendment Act 2007 (2007 No 20).

Schedule 28 clause 2(g): repealed, on 2 July 2007, by section 16(2)(a) of the Social Security Amendment Act 2007 (2007 No 20).
Schedule 28 clause 2(h): repealed, on 2 July 2007, by section 16(2)(a) of the Social Security Amendment Act 2007 (2007 No 20).

Schedule 28 clause 2(i): repealed, on 2 July 2007, by section 16(2)(a) of the Social Security Amendment Act 2007 (2007 No 20).

Schedule 28 clause 2(j): amended, on 2 July 2007, by section 16(2)(b) of the Social Security Amendment Act 2007 (2007 No 20).
424 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 29 Schedule 29 Powers, functions, and discretions of the Director-General that may be delegated to the chief executive of the Department of Labour [Repealed] s 10(1A) Schedule 29: repealed, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
425 Schedule 30 Social Security Act 1964 Reprinted as at 27 July 2012 Schedule 30 Method of calculating ability to make payments towards costs of home-based disability support services under section 69FA s 69FA Schedule 30: inserted, on 17 September 1997, by section 29 of the Social Se- curity Amendment Act (No 4) 1997 (1997 No 63).
In this schedule, specified outgoings, in relation to any person, means the annual total of— (a) (b) (c) (d) (e) (f) (g) the maximum rate for the time being of an invalid’s benefit that would be payable to the person if he or she was qualified to receive such a benefit: an amount of $10 per week (for the purpose of paying costs incidental to the provision of home help): the following employment-related expenses of the per- son and his or her spouse or partner, calculated on an annual basis: (i) fees or subscriptions payable on an annual or regular basis to any union: contributions to any superannuation scheme: contributions to any employee welfare fund: any other essential costs of that employment (not including travel to and from work) to the extent that they are not reimbursed by the employer: (ii) (iii) (iv) the person’s accommodation costs (within the meaning of section 61E): the person’s accommodation costs (within the meaning of section 61E): the cost of the person’s ongoing and regular medical and pharmaceutical expenses, calculated on an annual basis: the cost of the person’s regular essential expenses (being expenses other than the cost of food, clothing, travel, running a motor vehicle, life insurance, house and contents insurance, hire purchase, entertainment, and personal savings), calculated on an annual basis.
Schedule 30 clause 1(c): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 30 clause 1(c)(i): replaced, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

1 426 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 30 The chief executive must calculate the amount of the person’s annual income and specified outgoings, and must deduct the amount of the specified outgoings from the annual income.
Schedule 30 clause 2: amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

If the result of the calculation specified in clause 2 is $0 or less than $0, the chief executive must assess the amount the person is required to contribute towards the cost of the home-based disability support services supplied to that person as $0.
Schedule 30 clause 3: amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

If the result of the calculation specified in clause 2 is greater than $0 but less than the total cost of the home-based disability support services supplied to the person, the chief executive must assess that result as the amount the person is required to contribute towards the cost of those services.
Schedule 30 clause 4: amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

If the result of the calculation specified in clause 2 is equal to or greater than the total cost of the home-based disability support services supplied to the person, the chief executive must assess the amount the person is required to contribute towards the cost of those services as the total cost of those services.
Schedule 30 clause 5: amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

The chief executive must convert an assessment made under clauses 3 to 5 to a weekly amount.

Schedule 30 clause 6: amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
427 Schedule 31 Social Security Act 1964 Reprinted as at 27 July 2012 Schedule 31 ss 61DB, 61DD, 61EA(3), 69C(1), 124(1A) Asset and income limits that may be applied to certain assistance Schedule 31: inserted, on 1 April 2005, by section 22(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Part 1 Asset limits 1 2 3 4 For a single person without dependent children For a person who is married or in a civil union or in a de facto relationship with or without dependent children For a sole parent with 1 dependent child For any other sole parent $1,025.11 $1,708.10 $1,346.00 $1,445.89 Schedule 31 Part 1 item 1: amended, on 1 April 2012 (applying in accordance with section 61H(2) of this Act), by clause 7 of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 31 Part 1 item 2: amended, on 1 April 2012 (applying in accordance with section 61H(2) of this Act), by clause 7 of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 31 Part 1 item 2: amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 31 Part 1 item 2: amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).
Schedule 31 Part 1 item 3: amended, on 1 April 2012 (applying in accordance with section 61H(2) of this Act), by clause 7 of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 31 Part 1 item 4: amended, on 1 April 2012 (applying in accordance with section 61H(2) of this Act), by clause 7 of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Part 2 Income limits For a single person aged 16 or 17 years without de- pendent children For any other single person without dependent chil- dren For a person who is married or in a civil union or in a de facto relationship with or without dependent children 5 6 7 428 Per week $468.23 $538.15 $781.62 Reprinted as at 27 July 2012 Social Security Act 1964 Schedule 31 Part 2—continued 8 9 For a sole parent with 1 dependent child For any other sole parent $653.01 $687.98 Schedule 31 Part 2 item 5: amended, on 1 April 2012 (applying in accordance with section 61H(2) of this Act), by clause 7 of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 31 Part 2 item 6: amended, on 1 April 2012 (applying in accordance with section 61H(2) of this Act), by clause 7 of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

Schedule 31 Part 2 item 7: amended, on 1 April 2012 (applying in accordance with section 61H(2) of this Act), by clause 7 of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 31 Part 2 item 7: amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 31 Part 2 item 7: amended, on 26 April 2005, by section 3 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Schedule 31 Part 2 item 8: amended, on 1 April 2012 (applying in accordance with section 61H(2) of this Act), by clause 7 of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Part 3 Disability allowance income limits 10 For a single person aged 16 or 17 years without de- pendent children 11 For any other single person without dependent chil- dren 12 For a person who is married or in a civil union or in a de facto relationship with or without dependent children 13 For a sole parent with 1 dependent child 14 For any other sole parent Per week $506.01 $585.67 $866.91 $705.72 $743.53 Schedule 31 Part 3 item 10: amended, on 1 April 2012 (applying in accordance with section 61H(2) of this Act), by clause 7 of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 31 Part 3 item 11: amended, on 1 April 2012 (applying in accordance with section 61H(2) of this Act), by clause 7 of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).

429 Schedule 31 Social Security Act 1964 Reprinted as at 27 July 2012 Part 3—continued Schedule 31 Part 3 item 12: amended, on 1 April 2012 (applying in accordance with section 61H(2) of this Act), by clause 7 of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 31 Part 3 item 12: amended, on 1 April 2007, by section 5 of the Social Se- curity Amendment Act 2005 (2005 No 21).

Schedule 31 Part 3 item 12: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Schedule 31 Part 3 item 13: amended, on 1 April 2012 (applying in accordance with section 61H(2) of this Act), by clause 7 of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
Schedule 31 Part 3 item 14: amended, on 1 April 2012 (applying in accordance with section 61H(2) of this Act), by clause 7 of the Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21).
430 Reprinted as at 27 July 2012 Social Security Act 1964 Notes Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) 5 Notes 1 2 3 General This is an eprint of the Social Security Act 1964.

The eprint incorporates all the amendments to the Act as at 27 July 2012.
The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the eprint are also included, after the principal enactment, in chronological order.

eprint has not been officialised.


About this eprint This For more information about eprints and officialisation, please see http://www.pco.parliament.govt.nz/eprints/.
List of amendments incorporated in this eprint (most recent first) Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50) Social Security (Long-term Residential Care) Amendment Regulations (No 4) 2012 (SR 2012/88) Social Security (Long-term Residential Care—Budget Measures) Amendment Act 2012 (2012 No 40) Social Security Amendment Act 2012 (2012 No 18) Social Security (Rates of Benefits and Allowances) Order 2012 (SR 2012/21): clauses 5–7 Student Loan Scheme Act 2011 (2011 No 62): section 223 431 Notes Social Security Act 1964 Reprinted as at 27 July 2012 Social Security Amendment Act 2011 (2011 No 48) Social Security (Rates of Benefits and Allowances) Order 2011 (SR 2011/16): clauses 4(1), 5(1) Limitation Act 2010 (2010 No 110): section 58 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105) Social Security (Rates of Benefits and Allowances) Order (No 2) 2010 (SR 2010/289) clause 3(1) Social Security Amendment Act (No 2) 2010 (2010 No 85) Social Security Amendment Act 2010 (2010 No 30) Accident Compensation Amendment Act 2010 (2010 No 1): section 5(1)(b) Social Security (Rates of Benefits and Allowances) Order 2010 (SR 2010/21): clauses 4 and 5 Immigration Act 2009 (2009 No 51): section 406(1) Sentencing (Offender Levy) Amendment Act 2009 (2009 No 42): section 10 War Pensions Amendment Act 2009 (2009 No 41): section 8 New Zealand Superannuation and Retirement Income Amendment Act 2009 (2009 No 40): section 9 Disability (United Nations Convention
 on the Rights of Persons with Disabilities) Act 2008 (2008 No 64): section 18 Social Security (Long-term Residential Care) Amendment Regulations (No 3) 2008 (SR 2008/121): regulation 3 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48): section 47 Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109): section 300 Income Tax Act 2007 (2007 No 97): section ZA 2(1) Sentencing Amendment Act 2007 (2007 No 27): section 58 Social Security Amendment Act
 2007 (2007 No 20) Social Security (Entitlement Cards) Amendment Act 2007 (2007 No 17) Social Security Amendment Act 2006 (2006 No 90) Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67) KiwiSaver Act 2006 (2006 No 40): section 231 Housing Restructuring and Tenancy Matters Amendment Act 2006 (2006 No 34): section 5(2)(h) War Pensions Amendment Act 2006 (2006 No 32): section 9 Lawyers and Conveyancers Act 2006 (2006 No 1): section 348 New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42): section 9(1) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30) Social Security Amendment Act 2005 (2005 No 21) Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101) Care of Children Act 2004 (2004 No 90): section 151 Social Security (Working for Families) Amendment Act 2004 (2004 No 51) (Information Matching) 432 Reprinted as at 27 July 2012 Social Security Act 1964 Notes Corrections Act 2004 (2004 No 50): section 206 Holidays Act 2003 (2003 No 129): section 91(2) Credit Contracts and Consumer Finance Act 2003 (2003 No 52): section 139 Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1) State Sector Amendment Act 2003 (2003 No 41): section 14(1), (2) War Pensions Amendment Act 2003 (2003 No 18): section 12(1) Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28): section 4(1), (4), (5), (6) Parole Act 2002 (2002 No 10): section
 125 Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8) Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7): section 6 Human Rights Amendment Act 2001 (2001 No 96): section 70(1) Health and Disability Services (Safety) Act 2001 (2001 No 93): sections 58(1), 59(1) New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84): section 77 Accident Compensation Act 2001 (2001 No 49): section 337(1) Social Security Amendment
 Act (No 2) 2001 (2001 No 44) Social Security Amendment Act 2001 (2001 No 1) New Zealand Public Health and Disability Act 2000 (2000 No 91): section 111(1) Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88) Social Security Amendment Act 2000 (2000 No 81) Employment Relations Act 2000 (2000 No 24): section 240 Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22): section 7(2) Accident Insurance Amendment Act 2000 (2000 No 6): section 9(1) Social Security Amendment Act 2001 (2001 No 1) Human Rights Amendment Act 1999 (1999 No 100) Accident Insurance Act 1998 (1998 No 114): section 415(1) Social Security Amendment Act (No 3) 1998 (1998 No 104) Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96): section 11 Social Security (Work Test) Amendment Act 1998 (1998 No 94) Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91): section 30 Student Allowance Regulations 1998 (SR 1998/277): regulation 49 Social Security Amendment Act (No 2) 1998 (1998 No 60) Social Security Amendment Act 1998 (1998 No 19) Social Security (Overseas Pensions) Amendment Act 1998 (1998 No 10) Social Security Amendment Act (No 4) 1997 (1997 No 63) Social Security Amendment Act (No 3) 1997 (1997 No 23) Social Security Amendment Act 1997 (1997 No 21) 433 Notes Social Security Act 1964 Reprinted as at 27 July 2012 Security Pensions) for Overseas (Alternative Arrangement Social Security Amendment Act (No 6) 1996 (1996
 No 157) Social Commencement Order 1996 (SR 1996/316) Social Security Amendment Act (No 5) 1996 (1996 No 155) Social Security Amendment Act (No 4) 1996 (1996 No 145) Social Security Amendment Act (No 3) 1996 (1996 No 49) Social Security Amendment Act (No 2) 1996 (1996 No 42) Social Security Amendment Act 1996 (1996 No 20) Department of Justice (Restructuring) Act 1995 (1995 No 39): section 10(1) Social Security Amendment Act (No 2) 1994 (1994 No 142) Social Security Amendment Act 1994 (1994 No 86) Social
 Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) Income Tax Amendment Act (No 3) 1993 (1993 No 130): section 92(5) Land Transfer Amendment Act 1993 (1993 No 124): section 3 Social Security Amendment Act (No 3) 1993 (1993 No 57) Health Amendment Act 1993 (1993 No 24): section 38(3)(a) Health Sector (Transfers) Act 1993 (1993 No 23): section 24(1) Social Security Amendment Act 1993 (1993 No 14) Student Loan Scheme Act 1992 (1992 No 141): section 89 Social Security Amendment Act (No 4) 1992 (1992 No 99) Social Security Amendment Act 1992 (1992 No 15) Accident Rehabilitation and Compensation Insurance Act 1992 (1992 No 13): section 172(2) Social Security Amendment Act (No 5) 1991 (1991 No 143) Social Security Amendment Act (No 4) 1991 (1991 No 124) Social Security Amendment Act (No 2) 1991 (1991 No 78) Judicature Amendment Act 1991 (1991 No 60): section 3(4) Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4) Social Security Amendment Act 1991 (1991 No 1) Social Security Amendment Act (No 2) 1990 (1990 No 74) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) Social Security Amendment Act 1990 (1990 No 5) Public Finance Act 1989 (1989 No 44): sections 65R(3), 83(7) Finance Act 1989 (1989 No 13): sections 28, 29(1), 33(1) Social Security Amendment Act (No 2) 1988 (1988 No 147) Social Security Amendment Act 1987 (1987 No 106) Social Security (Reciprocity with Australia) Act 1987 (1987 No 71) Social Security
 Amendment Act 1986 (1986 No 39) Social Security Amendment Act (No 2) 1985 (1985 No 159) Social Security Amendment Act 1984 (1984 No 8) Social Security Amendment Act 1983 (1983 No 138) Friendly Societies and Credit Unions Act 1982 (1982 No 118) 434 Reprinted as at 27 July 2012 Social Security Act 1964 Notes Social Security Amendment Act 1982 (1982 No 16) Social Security Amendment Act 1981 (1981 No 46) Social Security Amendment Act (No 2) 1980 (1980 No 158) Family Proceedings Act 1980 (1980 No 94): section 189(1)
 District Courts Amendment Act 1979 (1979 No 125): section 18(2) Judicature Amendment Act 1979 (1979 No 124): section 12 Social Security Amendment Act 1979 (1979 No 14) Social Security Amendment Act 1978 (1978 No 58) Social Security Amendment Act (No 2) 1977 (1977 No 133) Social Security Amendment Act 1976 (1976 No 40) Social Security Amendment Act 1975 (1975 No 123) Disabled Persons Community Welfare Act 1975 (1975 No 122): 28(3)(a) Social Security Amendment Act 1974 (1974 No 46) Social Security Amendment Act 1973 (1973 No 34) Social Security Amendment Act 1972 (1972 No 133) Department of Social Welfare Act 1971 (1971 No 60): sections 17(2), 18(3), (4) Stamp and Cheque Duties Act 1971 (1971 No 51): section 101(1) Social Security Amendment Act 1971 (1971 No 8) Land and Income Tax Amendment Act (No 3) 1968 (1968 No 49): section 3(2), (3) Social Security Amendment Act 1969 (1969 No 46) Social Security Amendment Act 1967 (1967 No 4) section 435