Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698833186424.pdf (New Zealand)
Reprint as at 19 December 2007 Social Security Act 1964 Public Act Date of assent 1964 No 136 4 December 1964 Pursuant to section 2(3)(b) and (d) Social Security Amendment Act 1987 (1987 No 106), every reference in this Act to “the Commission” should be read as a reference to the “Director­General”, and every reference to “in its discretion” should be read as a reference to “in the Director­General’s discretion”.
Pursuant to section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149), references in this Act to “guaranteed retirement income”, “national superannuation”, “guaranteed retirement income earner”, or “national superannuitant” were substituted, respectively, for references to “New Zealand superannuation” or to a “New Zealand superannuitant”.
Section 2(2) Social Welfare (Transitional Provisions) Amendment Act (No 2) 1991 (1991 No 77) previously provided that every reference to “guaranteed income earner” shall be retirement read, respectively, as references to “national superannuation” or “national superannuitant”.

income” or “guaranteed retirement Contents Title Short Title and commencement Purpose 1 1A Page 18 19 19 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 in the Department of Social Welfare 1 Social Security Act 1964 Reprinted as at 19 December 2007 1B Principles Part 1 Monetary beneﬁts Administration [Repealed] Interpretation Delegation of powers by Minister [Repealed] Administration Chief executive to comply with directions Delegation of Director­General’s powers [Repealed] Review of decisions Power to obtain information Power to obtain information for matching purposes Code of conduct applying to obtaining information under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 2 3 3A 5 10 10A 11 11A 11B 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 13 National Superannuation [Repealed] National superannuation Reprinted as at 19 December 2007 Social Security Act 1964 27
 Residential qualiﬁcations 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] Commencement and payment of national superannuation [Repealed] Termination of national superannuation on death of recipient [Repealed] Special allowance for South African War veterans [Repealed] Widows’ beneﬁts Widows’ beneﬁts Rates of widows’ beneﬁts Continuation of beneﬁt when beneﬁt ceases to
 be payable in respect of children [Repealed] Domestic purposes beneﬁts Interpretation Domestic purposes beneﬁts for solo parents 27A 27B 27BA Split custody 27C 27D 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 sick or inﬁrm Rates of domestic purposes beneﬁts Contribution towards cost of domestic purposes beneﬁts for solo parents Interpretation [Repealed] Maintenance order or agreement suspended while beneﬁt is paid [Repealed] Liable Parent to contribute towards cost of beneﬁt and child supplement [Repealed] Director­General to give liable parent notice of grant of beneﬁt [Repealed] 27E 27F 27G 27H 27I 27J 27K 27L 95 95 95 96 96 96 96 100 100 101 102 105 107 110 110 110 111 113 114 116 116 117 27M Liable parent to notify Director General of gross earnings, 117 etc [Repealed] 3 Social Security Act 1964 Reprinted as at 19 December 2007 27N 27O 27P 27Q Director­General 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 Director­General [Repealed] Orphans’ beneﬁts 28 29 29A 30 31 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 Family beneﬁts [Repealed] Residential qualiﬁcations for family beneﬁt [Repealed] Rate of family beneﬁts [Repealed] 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] Reprinted as at 19 December 2007 Social Security Act 1964 39 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 Sickness beneﬁts 54 54A 54B 54C 54D Sickness beneﬁt: standard eligibility requirements Sickness beneﬁt: grounds of hardship Sickness beneﬁt: medical examinations Sickness beneﬁt: payment [Repealed] Rates of sickness beneﬁt Social Security Act 1964 Reprinted as at 19 December 2007 54E 54F 55 56 57 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] Unemployment beneﬁts Unemployment beneﬁts [Repealed] Rates of unemployment beneﬁts [Repealed] 58 59 59A Mandatory interview or work test for spouse [Repealed] Young job seekers’ allowances 59B 59C 59D 59E 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] Young job seeker’s allowances 148 148 149 150 150 150 151 152 152 152 153 153 60 Commencement of unemployment beneﬁt, etc [Repealed] 153
 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 60F Independent youth beneﬁts: basic qualiﬁcations 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 full­time course of secondary instruction Rates of independent youth beneﬁt 60FD Independent youth beneﬁts: sickness, injury, or disability 60G 60GAA Period for which independent youth beneﬁt payable 60GAB Independent youth beneﬁts: obligations 60GAC Department to explain obligations to beneﬁciaries 153 154 154 154 155 155 155 157 158 159 159 160 160 160 162 6 Reprinted as at 19 December 2007 Social Security Act 1964 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 work­tested [Repealed] 60HCA General duty of Director­General to ensure that work­tested beneﬁciaries aware of obligations [Repealed] 60HD Power of Director­General to grant exemption from mandatory interview or work test [Repealed] 162 163 165 166 167 167 167 60HE Persons exempted from mandatory interview or work test 168 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] 168 168 169 169 60JB Effect of recompliance with mandatory interview or
 work 170 test [Repealed] 60JC Reduction of beneﬁt or non­entitlement period to end if 170 person ceases to be subject to mandatory interview or work­testing [Repealed] 60K Effect of undertaking employment [Repealed] 60KA Effect of participation in approved activities [Repealed] 60L Effect of sections 60H to 60J and section 60N 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 Personal development and employment plans Developing and reviewing personal development and employment plans Beneﬁciary must demonstrate commitment to personal development and employment plan at review 60O 60P 60Q 60R 60S 171 171 171 172 172 172 173 174 177 178 7 Social Security Act 1964 Reprinted as at 19 December 2007 60T 60U 60V Department must explain rights and obligations in relation to personal development and employment plans Failure to comply with personal development and 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 personal development and employment plan Effect of compliance or agreement to comply 60Z Emergency beneﬁts 61 61A 61B 61C 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 additional beneﬁts for dependent children [Repealed] Special powers of Director­General in respect of maintenance 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 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] 61DG Applications for lump sum payments after death [Repealed] 8 179 179 180 181 182
 183 184 185 188 189 189 189 191 192 193 193 194 194 196 197 199 201 203 204 204 Reprinted as at 19 December 2007 Social Security Act 1964 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] Temporary additional support 61G Temporary additional support 61GA Childcare assistance Childcare assistance Alteration of rates of beneﬁts Rates of beneﬁts, etc, may be increased by Order in Council Areas for accommodation supplement purposes may be altered by Order in Council Miscellaneous provisions as to monetary beneﬁts Grant or renewal 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 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 former home property Special provisions applying to insurance payments Power to increase rates of beneﬁts payable to parents of deceased members of the forces or
 mercantile marine Telephone­rental concessions [Repealed] Disability allowance Transition to work allowance [Repealed] Interpretation [Repealed] Financial means assessments [Repealed] 61H 61I 62 63 63A 64 66 66A 66B 68 68A 69 69A 69C 69D 69E 69F Social Security Act 1964 Reprinted as at 19 December 2007 69FA Financial means assessments for home­based disability 248 support services Overseas
 pensions 69G 69H 69I 70 70A 70B 71 71A 72 73 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 income­tested beneﬁts Limitation where applicant receiving another beneﬁt or war pension Limitation where applicant entitled to claim under Family Protection Act 1955 or Maori Affairs Act 1953 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 back­dating of beneﬁt where earlier 76 77 78 79 80A failure to grant it based on error Duty to advise change of circumstances affecting entitlement to beneﬁt 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 10 252 255 257 258 263 267 268 270 272 275 276 278 279 282 286 286 288 292 292 293 298 300 300 304 305 306 307 Reprinted as at 19 December 2007 Social Security Act 1964 80C 80D 81 82 82A 83 83A 84 84A 85A 86 86A 86B 86C 86D 86E 86F 86G 86H 86I 86J Effect of sections 60H to 60M and section 80BA on entitlement to supplementary beneﬁts and on spouses or partners Beneﬁt applications by claimants under Injury Prevention, Rehabilitation, and
 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 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 Part 1A Family care grants [Repealed] Part 2 Community wage 87 88 88A Purposes of this Part [Repealed] Overview of this Part [Repealed] Interpretation Unemployment beneﬁt 89 90 91 92 Unemployment beneﬁt: standard eligibility requirements Unemployment beneﬁt: grounds of hardship Unemployment beneﬁt: ineligibility Community wage: application on grounds of sickness, injury, or disability [Repealed] 309 310 311 312 315 316 318 319 320 321 322 330 332 332 332 333 334 334 335 335 336 338 338 339 340 341 342 344 11 Social Security Act 1964 Reprinted as at 19 December 2007 93 93A 94 94A 95 96 96A 96B 97 97A 98 99 99A 100 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: pre­beneﬁt activities Department must explain obligations in relation to pre­beneﬁt activities Unemployment beneﬁt: obligations on beneﬁciaries Immunisation beneﬁt [Repealed] Unemployment beneﬁt: payment Unemployment beneﬁt: rates Transfer from community wage to unemployment beneﬁt on 1 July 2001 Department’s obligations in respect of work
 testing and community wage [Repealed] 100A Extension of power of use by Crown of patented invention [Repealed] Work test 101 Purpose of section 60H and sections 102 to 123D [Repealed] 102 Application and obligations of work test 102A Accounts for treatment to show gross amount, 103 104 etc [Repealed] Delayed application of work test: age of dependent child Delayed application of work test: bereavement or separation [Repealed] 104A Transitional provision dealing with deferrals 105 Exemption from obligations Job seeker agreements 105A Description of job seeker agreement and responsibilities arising from it 105B Entering into and reviewing job seeker agreement 105C Department to explain to beneﬁciaries their rights and obligations 105D Job seeker contracts to have effect as job seeker agreements 12 344 345 345 346 346 347 347 349 349 350 351 351 353 354 355 355 355 358 358 359 359 359 361 362 363 363 Reprinted as at 19 December 2007 Social Security Act 1964 106 107 108 109 110 111 112 Deferral of work­test obligations Application for deferral of work­test obligations [Repealed] Chief executive may defer work­test obligations [Repealed] Effect of deferral [Repealed] Persons who are to notify change of circumstances affecting exemption or deferral [Repealed] Job seeker development activities Deﬁning job seeker development activities Assistance provided by department Organised activities to have effect as job seeker development activities 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 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
 Effect of sanctions on beneﬁt of sole parent 117 118 121 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 non­entitlement period 123B Effect of participation in certain activities on non­entitlement period 123C Application of Health and Safety in Employment Act 1992 and Human Rights Act 1993 123D Regulations 364 364 364 364 365 366 367 367 368 369 370 370 370 371 372 373 374 374 375 376 377 378 379 13 Social Security Act 1964 Reprinted as at 19 December 2007 Part 3 General provisions 124 Money payable out of Crown Bank Account 125 Advances to beneﬁciaries and war pensioners for repair or maintenance of home, etc [Repealed] Cost of repair and replacement of artiﬁcial limbs 126 126A Information on beneﬁciaries and former beneﬁciaries may be disclosed to Department for Courts for ﬁnes enforcement purposes 126B Certain grounds of discrimination in Human Rights Act 1993 not to apply Offences Proceedings for offences General penalty for offences Declarations 127 128 129 131 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 work­tested 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 14 380 383 384 385 387 388 390 390 390 391 391 391 391 391 392 392 392 392 393 394 396 399 400 402 402 403 Reprinted as at 19 December 2007 Social Security Act 1964 132G Regulations providing for remittance or suspension of debt 132H Rules providing for determination of incomes of certain people by chief executive Rules relating to determination by chief executive of deprivation of property or income Regulations stating pre­beneﬁt activities Annual reports Repeals and savings 132I 132J 133 135 Part 4 Long­term 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 long­term 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 150 403 404 406 406 407 407 408 409 410 413 414 414 415 416 416 417 418 418 419 419 420 421 421 422 15 Social Security Act
 1964 Reprinted as at 19 December 2007 151 Conjugal status for purpose of means assessment Miscellaneous 152 Maximum contributions set by Gazette notice 153 154 155 Residential care loan scheme Clothing allowance Regulations relating to this Part Schedule 1 Schedule 2 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 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 of this Act, 424 424 425 425 426 428 428 428 430 433 433 438 438 441 448 16 Reprinted as at 19 December 2007 Social Security Act 1964 invalids’, widows’, domestic purposes, and sickness beneﬁts only) Schedule 11 Special income exemption in respect of earnings from domestic and nursing service [Repealed] 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 allowances [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 contribution by liable parents to cost of domestic purposes beneﬁt [Repealed] Schedule 21 449 449 449 451 451 451 453 457 475 477 477 17 Social Security Act 1964 Reprinted as at 19 December 2007 Schedule 22 Rates of beneﬁts payable to long­term hospital patients Schedule 23 Transition to work allowance [Repealed] Schedule 24 Schedule 25 Rate of
 telephone­service­rental 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 Director­General 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 home­based disability support services under section 69fa Schedule 31 Asset and income limits that may be applied to certain assistance 477 480 481 481 481 483 491 493 493 495 An Act to consolidate and amend the Social Security Act 1938 and its amendments 18 Reprinted as at 19 December 2007 Social Security Act 1964 s 1A BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 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 the 1st day of 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 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: (ii) (iii) (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).
19 s 1B 1B Social Security Act 1964 Reprinted as at 19 December 2007 Principles Every person exercising or performing a function, duty or power under this Act must have regard to the following general principles: (a) work in paid employment offers the best opportunity for people to achieve social and economic well­being: 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 employment­focused 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).

Part 1 Monetary beneﬁts 2 Administration [Repealed] Section 2 was substituted, as from 1 April 1972, by section 15(1) Department of Social Welfare Act 1971 (1971 No 60).

Section 2 was amended, as from 21 November 1984, by section 2 Social Secur­ ity Amendment Act 1984 (1984 No 8) by inserting the words “and Part 1A of this Act”.
Section 2 was amended, as from 23 June 1987, by section 2(3)(a) Social Secur­ ity Amendment Act 1987 (1987 No 106) by substituting “Director­General of Social Welfare” for “Social Security Commission”.

Section 2 was substituted, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Section 2 was amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
Section 2 was repealed, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
3 (1) Interpretation In this Act, unless the context otherwise requires,— 20 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 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 activity in the community: this deﬁnition was inserted, as from 2 July 2007, by section 4(1) Social Security Amendment Act 2007 (2007 No 20).
See sec­ tion 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

Appeal Authority or Authority means the Social Security Appeal Authority established under section 12A of this Act; and includes any Special Social Security Appeal Authority es­ tablished under section 12D of this Act Appeal Authority: this deﬁnition was inserted by section 2(1) Social Security Amendment Act 1973 (1973 No 34).
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 Assessable income[Repealed] Assessable income: this deﬁnition was inserted by section 2 Social Security Amendment Act (No 2) 1991 (1991 No 78) and repealed by section 2 Social Security Amendment Act (No 4) 1991 (1991 No 124).
[Repealed] 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) of this deﬁn­ ition ceases to be published, a survey certiﬁed by the Government Statistician as an equivalent survey to the survey referred to in that paragraph: (b) Average wage: this deﬁnition was inserted, as from 1 April 1997, by section 2(1) Social Security Amendment Act 1996 (1996 No 20).
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 [Repealed] Beneﬁciary: proviso repealed, as from 1 April 1991, by section 2(1) Social Security Amendment Act 1991 (1991 No 1).
21 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 Beneﬁt— (a) Means a monetary beneﬁt payable under this Part or (b) Part 2; and (aa) Includes— (i) 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: (ia) 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: (iii) An accommodation supplement payable under (ii) section 61EA of this Act: (iv) A child disability allowance under section 39A: section (iva) childcare assistance payable under 61GA: (ivb) temporary additional support payable under sec­ (v) tion 61G: a disability allowance payable under section 69C of this Act but (va) (vi) (vii) (viii) (c) Does not include a lump sum payable under section 61DB or section 61DC or section 61DD of this Act: Beneﬁt: this deﬁnition was amended, as from 14 November 1973, by inserting “; and includes an additional amount payable under section 61A of this Act”.
Beneﬁt: this deﬁnition was substituted, as from 25 July 1990, by section 2(1) Social Security Amendment Act No 2 1990 (1990 No 74).

Beneﬁt: paragraph (a) was amended, as from 1 July 2001, by section 13(1) So­ cial Security Amendment Act 2001 (2001 No 1) by substituting “or Part 2” for “of this Act”.

Beneﬁt: paragraph (aa) was inserted, as from 1 October 1998, by section 18(3) Social Security Amendment Act 1998 (1998 No 19).
Beneﬁt: paragraph (aa) was repealed, as from 1 July 2001, by section 13(2) So­ cial Security Amendment Act 2001 (2001 No 1).

22 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 Beneﬁt: paragraph (b)(i) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting “and New Zealand superannuation payable under the New Zealand Superannuation Act 2001”.
Beneﬁt: paragraph (b)(i) was substituted, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18).

Beneﬁt: paragraph (b)(i) of this deﬁnition was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amend­ ment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.
Beneﬁt: paragraph (b)(ia) was inserted, as from 1 April 1994, by section 5 So­ cial Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Beneﬁt: paragraph (b)(ia) was repealed, as from 15 April 2005, by section 3(1) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).
Beneﬁt: paragraph (b)(ii) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting “and a liv­ ing alone payment payable under the New Zealand Superannuation Act 2001”.

Beneﬁt: paragraph (b)(ii) was substituted, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18).
Beneﬁt: paragraph (b)(ii) of this deﬁnition was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amend­ ment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.
Beneﬁt: paragraph (b)(iii) was substituted, as from 1 July 1993, by section 2(1) Social Security Amendment Act (No 3) 1993 (1993 No 57) Beneﬁt: paragraph (b)(iv) was substituted, as from 1 September 1998, by sec­ tion 11(2) Social Security Amendment Act 1998 (1998 No 19).

Beneﬁt: paragraph (b)(iva) was inserted, as from 4 October 2004, by section 11(2) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Beneﬁt: paragraph (b)(v) was substituted, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23).

Beneﬁt: paragraph (b)(v) was repealed, as from 1 October 1998, by section 18(4) Social Security Amendment Act 1998 (1998 No 19).

Beneﬁt: a new paragraph (b)(v) was inserted, as from 17 November 2000, by section 7(1) Housing Restructuring (Income­Related Rents) Amendment Act 2000 (2000 No 22).
See clause 2 Housing Restructuring (Income­Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).

Beneﬁt: paragraph (b)(va) was inserted, as from 26 October 1992, by section 2 Social Security Amendment Act (No 3) 1992.

See regulation 2 Social Security Amendment Act Commencement Order 1992 (SR 1992/295).

Beneﬁt: paragraph (b)(va) to (viii) were repealed, as from 17 November 2000, by section 7(1) Housing Restructuring (Income­Related Rents) Amendment Act 2000 (2000 No 22).
See clause 2 Housing Restructuring (Income­Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).
23 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 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 Capacity for work: this deﬁnition was inserted, as from 1 September 1998, by section 11(1) Social Security Amendment Act 1998 (1998 No 19).
Ceased, in relation to a person’s employment, means— (a) Subject to paragraph (b) of this deﬁnition, the date on which the person’s employment terminates; or If in relation to the termination of employment the per­ son receives— (i) Any payment in lieu of notice terminating the employment of the person; or (b) (ii) Any holiday pay; or (iii) Any payment in lieu of accumulated leave; or (iv) Any payment contingent on the completion of a ﬁxed­term engagement; or (v) Any retirement payment (as deﬁned in section 80B(3) of this Act),— a date which is the number of days (excluding Saturdays and Sundays) after the date on which the person’s employment ter­ minated 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 normal daily wage or salary before ter­ mination of his or her employment Ceased: this deﬁnition was inserted, as from 1 March 1991, by section 2(3) So­ cial Security Amendment Act 1991 (1991 No 1) Ceased: this deﬁnition was substituted, as from 30 November 1992, by section 2(1) Social Security Amendment Act (No 4) 1992 (1992 No 99) Ceased: this deﬁnition was amended, as from 1 January 1994, by section 2 So­ cial Security Amendment Act 1993 (1993 No 14) by substituting “engagement; or” for “engagement,—”, and by inserting paragraph (b)(v).
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 Chief executive: this deﬁnition was inserted, as from 1 September 1998, by section 11(1) Social Security Amendment Act 1998 (1998 No 19).
Chief executive: this deﬁnition was substituted, as from 1 October 1998, by section 11 Employment Services and Income Support Integrated Administra­ tion) Act 1998 (1998 No 96).

24 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 Child means a single person under the age of 18 years, other than a person who is— (a) (b) Child: 2(1) Social Security Amendment Act 1982 (1982 No 16).
Aged 16 years or 17 years; and Financially independent: this deﬁnition was substituted, as from 1 October 1982, by section Child: this deﬁnition was substituted, as from 1 March 1991, by section 2(2) So­ cial Security Amendment Act 1991 (1991 No 1).

Child: this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “a single” for “an unmarried”.
Commission[Repealed] Commission: this deﬁnition was repealed, as from 23 June 1987, by section 2(1)(a) Social Security Amendment Act 1987 (1987 No 106).
[Repealed] 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 Community task force project[Repealed] Community task force project: this deﬁnition was inserted, as from 1 August 1991, by section 2 Social Security Amendment Act (No 2) 1991 (1991 No 78)).
Community task force project: this deﬁnition was repealed, as from 1 October 1998, by section 18(5) Social Security Amendment Act 1998 (1998 No 19).

[Repealed] Community wage[Repealed] Community wage: section 18(1) Social Security Amendment Act 1998 (1998 No 19).

this deﬁnition was inserted, as from 1 October 1998, by Community wage: this deﬁnition was repealed, as from 1 July 2001, by section 13(9) Social Security Amendment Act 2001 (2001 No 1).
[Repealed] Community wage earner[Repealed] Community wage earner: this deﬁnition was inserted, as from 1 October 1998, by section 18(1) Social Security Amendment Act 1998 (1998 No 19).

Community wage earner: this deﬁnition was repealed, as from 1 July 2001, by section 13(9) Social Security Amendment Act 2001 (2001 No 1).
[Repealed] 25 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 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 Contract of insurance: this deﬁnition was inserted by section 3(1) Social Secur­ ity Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for beneﬁts lodged as from 2 October 1994; and (b) applications for beneﬁts lodged, but which have not been granted, before 2 October 1994.
See sections 8 and 9 of that Act for the transitional and savings provisions.

(b) Contract of insurance: this deﬁnition was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Admin­ istration) Act 1998 (1998 No 96) by substituting “chief executive” for “Dir­ ector­General”.
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 For the sole purpose of, and used for, repaying or pay­ ing any amounts on account of any existing debt of the person: Debt insurance payment: this deﬁnition was inserted by section 3(1) Social Security Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for beneﬁts lodged as from 2 October 1994; and (b) applications for beneﬁts lodged, but which have not been granted, before 2 October 1994.
See sections 8 and 9 of that Act for the transitional and savings provisions.

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 dentist: this deﬁnition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).
See sections 178 to 227 of that Act as to the transitional provisions.

(c) 26 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 Department means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act Department: this deﬁnition was substituted, as from 1 April 1990, by section 34(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Department: this deﬁnition was substituted, as from 1 October 1998, by section 11 Employment Services and Income Support Integrated Administration) Act 1998 (1998 No 96).
Dependent child, in relation to any person, means a child— (a) Whose care is primarily the responsibility of that per­ son; and (b) Who is being maintained as a member of that person’s family; and (c) Who is ﬁnancially dependent on that person; and (d) Who is not a child in respect of whom payments are being made under section 363 of the Children, Young Persons, and Their Families Act 1989— but, for the purposes of Schedule 3, Schedules 6, 8, and 9, Schedule 16, and Schedules 17 and 18, does not include a child in respect of whom an orphan’s beneﬁt or an unsupported child’s beneﬁt is being paid Dependent child: section 2(2) Social Security Amendment Act 1991 (1991 No 1).
this deﬁnition was substituted, as from 1 March 1991, by Dependent child: this deﬁnition was amended, as from 1 February 1999, by sec­ tion 58(2) Social Security Amendment Act 1998 (1998 No 19) by substituting “Schedule 3, Schedules 6, 8, and 9, Schedule 16, and Schedules 17 and 18” for “Schedules 3, 6, 8, 9, and 16 to 18 to this Act”.

See section 78 of that Act as to the various application dates of this amendment.
It is suggested that the word “the”, where it appears immediately before the substituted words, should also be omitted.

Director­General[Repealed] Director­General: this deﬁnition was inserted, as from 23 June 1987, by section 2(1)(b) Social Security Amendment Act 1987 (1987 No 106).

Director­General: this deﬁnition was substituted, as from 1 April 1990, by sec­ tion 34(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Director­General: this deﬁnition was repealed, as from 1 October 1998, by sec­ tion 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
[Repealed] 27 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 disability services has the same meaning as disability sup­ port services in section 6(1) of the New Zealand Public Health and Disability Act 2000 disability services: this deﬁnition was inserted, as from 30 June 1993, by section 3(3) Social Security Amendment Act (No 3) 1993 (1993 No 57).
disability services: this deﬁnition was substituted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).

district health board means a district health board established by or under section 19 of the New Zealand Public Health and Disability Act 2000 district health board: this deﬁnition was inserted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
Document means a document in any form; and includes— (a) (b) Any information recorded or stored by means of any tape­recorder, 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 writing on any material: (c) (d) Any book, map, plan, graph, or drawing: (e) Any photograph, ﬁlm, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced: this deﬁnition was inserted, as from 30 June 1993, by section Document: 3(3) Social Security Amendment Act (No 3) 1993 (1993 No 57).
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 domestic epidemic management notice: this deﬁnition was inserted, as from 19 December 2006, by section 4 Social Security Amendment Act 2006 (2006 No 90).
Employment means paid employment Employment: this deﬁnition was inserted, as from 1 September 1998, by section 11(1) Social Security Amendment Act 1998 (1998 No 19).
28 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 employment required to satisfy the work test means em­ ployment of a kind described in section 102(4) Employment required to satisfy the work test: this deﬁnition was inserted, as from 1 October 1998, by section 2(1) Social Security (Work Test) Amendment Act 1998 (1998 No 94).
Employment required to satisfy the work test: this deﬁnition was substituted, as from 2 July 2007, by section 4(1) Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.
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 Existing debt: this deﬁnition was inserted by section 3(1) Social Security Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for beneﬁts lodged as from 2 October 1994; and (b) applications for beneﬁts lodged, but which have not been granted, before 2 October 1994.
See sections 8 and 9 of that Act for the transitional and savings provisions.

Family maintenance allowance[Repealed] Family maintenance allowance: this deﬁnition was repealed, as from 20 Octo­ ber 1972, by section 2 Social Security Amendment Act 1972 (1972 No 133).
[Repealed] Financially independent, in relation to a person, means— (a) (b) In full employment; or 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 Government­assisted scheme which the chief executive considers analogous to a beneﬁt; or In receipt of a beneﬁt under this Act: (d) Financially independent: this deﬁnition was inserted, as from 1 March 1991, by section 2(2) Social Security Amendment Act 1991 (1991 No 1).
(c) Financially independent: this deﬁnition was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Admin­ 29 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 istration) Act 1998 (1998 No 96) by substituting “chief executive” for “Dir­ ector­General”.
Financially independent: the reference to the “Student Allowance Regulations 1998” was substituted, as from 1 October 1998, for a reference to the “Student Allowances Regulations 1991”, pursuant to regulation 49 Student Allowance Regulations 1998.

Financially independent: paragraph (d) of this deﬁnition was amended, as from 17 November 2000, by section 7(1) Housing Restructuring (Income­Related Rents) Amendment Act 2000 (2000 No 22) by omitting “this Part of”.
See clause 2 Housing Restructuring (Income­Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).

Friendly society means any friendly society or branch thereof registered under the Friendly Societies and Credit Unions Act 1982 Friendly Society: this deﬁnition was amended by substituting the reference to the “Friendly Societies and Credit Unions Act 1982 (1982 No 118)” for a ref­ erence to the repealed Friendly Societies Act 1909.
Full employment or full­time 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 Self­employment 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 full­time employment for the pur­ poses of any award, agreement, or contract relating to that employment: (b) (c) Full employment: this deﬁnition was inserted, as from 1 October 1986, by sec­ tion 2(3) Social Security Amendment Act 1986 (1986 No 39).
Full employment: this deﬁnition was amended, as from 1 October 1998, by sec­ tion 18(6) Social Security Amendment Act 1998 (1998 No 19) by substituting “Full employment or full­time employment”: for “Full employment”.
Full­time student means a person enrolled in a full­time course within the meaning of the Student Allowances Regulations 1998, and includes a person who, during an 30 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 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 Full­time student: this deﬁnition was inserted, as from 1 October 1998, by sec­ tion 18(1) Social Security Amendment Act 1998 (1998 No 19).
The reference to the “Student Allowances Regulations 1998” replaced, as from 1 October 1998, an earlier reference to the “Student Allowances Regulations 1991”.

funder has the same meaning as in section 20 of the Health and Disability Services Act 1993 funder: this deﬁnition was inserted, after the deﬁnition of Friendly society, as from 15 November 2000, by section 3(1) Social Security Amendment Act 2000 (2000 No 81).
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 (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) (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; and 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 (d) 31 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 other arrangement in respect of persons who were not employees or in the service of that Government.
Government occupational pension: this deﬁnition was inserted, as from 2 Oc­ tober 1996, by section 2 Social Security Amendment Act (No 6) 1996 (1996 No 157).

Government occupational pension: paragraph (a)(i) and (ii) of this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amend­ ment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
paragraph (c) of this deﬁnition was Government occupational pension: amended, as from 24 April 2002, by section 10 Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8) by adding the word “; and”.

paragraph (d) of this deﬁnition was Government occupational pension: inserted, as from 24 April 2002, by section 10 Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
Guaranteed retirement income[Repealed] Guaranteed retirement income: this deﬁnition was inserted by section 14(3) So­ cial Welfare (Transitional Provisions) Act 1990 (1990 No 26) and repealed, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
The words “guaranteed retire­ ment income” were substituted for “national superannuation”, as from 1 April 1992, pursuant to section 2(1) Social Welfare (Transitional Provisions) Amend­ ment Act (No 2) 1991 (1991 No 77).
[Repealed] 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 or disability insurance payment: this deﬁnition was inserted by section 3(1) Social Security Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for beneﬁts lodged as from 2 October 1994; and (b) applications for beneﬁts lodged, but which have not been granted, before 2 October 1994.
See sections 8 and 9 of that Act for the transitional and savings provisions.

32 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 (b) hospital means a hospital care institution as deﬁned in section 58(4) of the Health and Disability Services (Safety) Act 2001 hospital: this deﬁnition was inserted, as from 1 July 2005, by section 13(1) So­ cial Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
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 income­related purposes and used by the person for in­ come­related 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) Any periodical income­related insurance pay­ ments; and (c) (ii) Any lump sum income­related insurance pay­ ment to the extent of the income lost by the per­ son as a result of, and within a period of 10 weeks from, the occurrence of the contingency in re­ spect of which the payment was made; and (iii) 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) Any payment relating to a situation involving a seasonal layoff: (d) 33 Part 1 s 3 Social Security Act 1964 Reprinted as at 19
 December 2007 (ii) Any payment contingent on the completion of either a ﬁxed­term engagement or an engagement to complete work speciﬁed in a contract: (iii) Any payment in lieu of notice terminating em­ ployment: (iv) 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 Protection Act 1987: (v) 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 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 Income Act Superannuation and Retirement 2001, including the value of any beneﬁt under Part 2 of this Act: (ii) Any pension or allowance under the War Pensions Act 1954 received by any person by reason of his or her own disablement: (iii) Any pension received under Part 2 or Part 4 or Part 5 of the War Pensions Act 1954 by the sur­ viving 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: (e) (f) 34 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 (iv) Any pension or other periodical allowance or any part thereof received by any person from the Government of any Commonwealth country (other than New Zealand) which the chief ex­ ecutive determines is analogous to a pension or
 allowance speciﬁed in subparagraph (ii) or sub­ paragraph (iii) of this paragraph: (iva) 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: (v) Any money received by way of funeral beneﬁt from any friendly society: (va) A participation allowance: (vi) Any money paid in respect of any military deco­ ration and received by the recipient of such dec­ oration: (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: (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: (ix) Any money received by way of an independ­ ence allowance under section 54 of the Accident Rehabilitation and Compensation Insurance Act 1992 or Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998, or any im­ pairment lump sum received under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001: (x) Any amount of output tax charged in respect of a supply of goods and services made by that per­ son: (xi) Any amount of goods and services tax payable by the Commissioner of Inland Revenue to that person: 35 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 (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 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 step­parent; or (C) 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 come­related purpose; or (xv) Any part of a lump sum income­related 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: (B) (xvi) any income­related 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.
36 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 (xviii) any tax credit or amount received under 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 Income: this deﬁnition was substituted, as from 21 November 1984, by section 3(1) Social Security Amendment Act 1984 (1994 No 8).
Income: this deﬁnition was amended, as from 26 October 1988, by section 2 Social Security Amendment Act (No 2) 1988 (1988 No 147) by substituting “surviving spouse” for “widow”.

Income: paragraph (ba) of this deﬁnition was inserted, as from 30 November 1992, by section 2(2) Social Security Amendment Act (No 4) 1992 (1992 No 99).
Income: paragraph (d)(i) of this deﬁnition was amended, as from 1 April 1990, by section 14(2)(a) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) by inserting “or the Social Welfare (Transitional Provisions) Act 1990”.

Income: paragraph (d)(ii) of this deﬁnition was amended, as from 1 April 1990, by section 14(2)(b) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) by omitting “(not being an economic pension or a war veteran’s allowance or a war service pension)”.
Income: paragraph (d)(vii) and (d)(viii) of this deﬁnition were inserted, as from 1 July 1992, by Social Security Amendment Act (No 5) 1991 (1991 No 143).

Income: paragraph (d)(ix) of this deﬁnition was inserted, as from 1 July 1992, by Social Security Amendment Act (No 2) 1992 (1992 No 59).

Income: paragraph (d)(x) and (d)(xi) of this deﬁnition were inserted, as from 30 June 1993, by section 2(4) Social Security Amendment Act (No 3) 1993 (1993 No 57).
Income: this deﬁnition was substituted, as from 2 October 1994, by section 3(2) Social Security Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for beneﬁts lodged as from 2 October 1994; and (b) applications for beneﬁts lodged, but which have not been granted, before 2 October 1994.

See sections 8 and 9 of that Act for the transitional and savings provisions.
Income: this deﬁnition was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “chief executive” for “Director­General”.

Income: paragraph (c) of this deﬁnition was substituted, as from 17 September 1997, by section 2(1) Social Security Amendment Act (No 4) 1997 (1997 No 63).
Income: paragraph (c) of this deﬁnition was amended, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114) by substituting “Except where section 71A(2) applies, includes” for “Includes” and by insert­ ing subparagraph (iii).
Income: paragraph (c) of this deﬁnition was amended, as from 1 April 2000, by section 9(1) Accident Insurance Amendment Act 2000 (2000 No 6) by inserting “(as it read immediately before its repeal by section 7 of the Accident Insurance Amendment Act 2000)” after the words “section 185 of that Act”.
37 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 Income: paragraph (d)(iva) of this deﬁnition was inserted, as from 1 July 2002, by section 6 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).

Income: paragraph (f)(i) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting “or the New Zealand Superannuation Act 2001” after “Social Welfare (Transitional Provisions) Act 1990”.
Income: paragraph (f)(i) of this deﬁnition was amended, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18) by inserting “or Part 6 of the War Pensions Act 1954” after “the Social Welfare (Transitional Provisions) Act 1990”.
Income: paragraph (f)(i) of this deﬁnition was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amend­ ment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.

Income: paragraph (f)(iii) of this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by in­ serting “or partner” after “spouse”.
Income: paragraph (f)(iva) of this deﬁnition was inserted, as from 1 September 1998, by section 11(3) Social Security Amendment Act 1998 (1998 No 19).

Income: paragraph (f)(va) of this deﬁnition was inserted, as from 1 October 1998, by section 18(7) Social Security Amendment Act 1998 (1998 No 19).

Income: paragraph (f)(ix) was amended, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114) by adding “or Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998”.
Income: paragraph (f)(ix) was amended, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 the words “, or any No 49) by inserting, after the expression “1998”, impairment lump sum received under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001”.

See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance.
See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.

Income: paragraph (f)(xiii) to (xv) of this deﬁnition were inserted, as from 17 September 1997, by section 2(2) Social Security Amendment Act (No 4) 1997 (1997 No 63).

Income: paragraph (f)(xiv)(A) of this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by in­ serting “or partner” after “spouse”.
Income: paragraph (f)(xiv)(A) of this deﬁnition was substituted, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21).

Income: paragraph (f)(xvi) was inserted, as from 17 November 2000, by sec­ tion 7(1) Housing Restructuring (Income­Related Rents) Amendment Act 2000 (2000 No 22).

See clause 2 Housing Restructuring (Income­Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).
Income: paragraph (f)(xvi) was amended, as from 1 July 2006, by section 5(2)(h) Housing Restructuring and Tenancy Matters (Information Matching) 38 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 Amendment Act 2006 (2006 No 34) by inserting “and Tenancy Matters” after “Restructuring”.

Income: paragraph (f)(xvii) of this deﬁnition was inserted, as from 26 Septem­ ber 2002, by section 4(1) Social Security (Personal Development And Employ­ ment) Amendment Act 2002 (2002 No 28).
Income: paragraph (f)(xviii) of this deﬁnition was inserted, as from 4 June 2004, by section 4(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

See sections 23 to 25 of that Act as to the transitional provisions.
Income­related 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) of this section, 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 income­related pur­ pose: Income­related insurance payment: inserted by section 3(1) Social Security Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for beneﬁts lodged as from 2 October 1994; and (b) applications for beneﬁts lodged, but which have not been granted, before 2 October 1994.
See sections 8 and 9 of that Act for the transitional and savings provisions.

Income­related insurance payment: this deﬁnition was amended, as from 1 Oc­ tober 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “chief executive” for “Director­General”.
Income­related purpose, in relation to any person, means the purpose of— (a) (b) Maintaining the person or a member of his or her fam­ Replacing lost or diminished income; or (c) (d) ily; or Purchasing goods or services for the person or a mem­ ber 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: 39 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 Income­related purpose: this deﬁnition was inserted by section 3(1) Social Se­ curity Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for beneﬁts lodged as from 2 October 1994; and (b) applications for beneﬁts lodged, but which have not been granted, before 2 October 1994.
See sections 8 and 9 of that Act for the transitional and savings provisions.

Income tax means income tax under the Income Tax Act 2004 Income Tax: this deﬁnition was substituted for the deﬁnition of social security income tax by section 3(3) Land and Income Tax Amendment Act (No 3) 1968 (1968 No 49).

The former reference to the Income Tax Act 1976 (1976 No 65) was substituted for a reference to the repealed Land and Income Tax Act 1954.
Income Tax: this deﬁnition was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “Income Tax Act 1994” for “Income Tax Act 1976”.

Income Tax: this deﬁnition was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting “Income Tax Act 2004” for “Income Tax Act 1994”.
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 $80 a week but not more than $180 a week; and By 70 cents for every $1 of that income which is more than $180 a week: (b) Income Test 1, Income Test 2, Income Test 3, Income Test 4 and Income Test 5: these deﬁnitions were inserted, as from 1 July 1996, by section 2(2) Social Security Amendment Act 1996 (1996 No 20).
Income Test 1: paragraph (a) of this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by in­ serting the words “or partner” after the word “spouse”.
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 $80 a week but not more than $180 a week; and By 35 cents for every $1 of that income which is more than $180 a week: (b) Income Test 1, Income Test 2, Income Test 3, Income Test 4 and Income Test 5: these deﬁnitions were inserted, as from 1 July 1996, by section 2(2) Social Security Amendment Act 1996 (1996 No 20).
Income Test 2: paragraph (a) of this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by in­ serting the words “or partner” after the word “spouse”.
40 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 Income Test 3 means that the applicable rate of beneﬁt shall be reduced by 70 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 Test 1, Income Test 2, Income Test 3, Income Test 4 and Income Test 5: these deﬁnitions were inserted, as from 1 July 1996, by section 2(2) Social Security Amendment Act 1996 (1996 No 20).
Income Test 3: this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
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 Test 1, Income Test 2, Income Test 3, Income Test 4 and Income Test 5: these deﬁnitions were inserted, as from 1 July 1996, by section 2(2) Social Security Amendment Act 1996 (1996 No 20).
Income Test 4: this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
Income Test 5 means that the applicable rate of beneﬁt shall be reduced by 70 cents for every $1 of the total income of the beneﬁciary which is more than $80 a week Income Test 1, Income Test 2, Income Test 3, Income Test 4 and Income Test 5: these deﬁnitions were inserted, as from 1 July 1996, by section 2(2) Social Security Amendment Act 1996 (1996 No 20).
Income­tested beneﬁt means any of the following beneﬁts (a) (aa) (b) A domestic purposes beneﬁt: (c) An emergency beneﬁt: (d) An independent youth beneﬁt: (e) (f) 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 veterans’ pensions payable— (i) an unemployment beneﬁt: a sickness beneﬁt: 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 41 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 (ii) at the appropriate rate in clause 2 of Schedule 11 of the War Pensions Act 1954: (g) An orphan’s beneﬁt: (h) An unsupported child’s beneﬁt: A widow’s beneﬁt: (i) (j) Income­tested beneﬁt: section 415(1) Accident Insurance Act 1998 (1998 No 114).
“Income­tested beneﬁt”: paragraph (a) of this deﬁnition was substituted, and paragraph (aa) was inserted, as from 1 July 2001, by section 13(3) Social Se­ curity Amendment Act 2001 (2001 No 1).

this deﬁnition was inserted, as from 1 July 1999, by Income­tested beneﬁt: paragraph (f) of this deﬁnition was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting the words “or at the rate in clause 2 of Schedule 1 of the New Zealand Superannuation Act 2001”.
Income­tested beneﬁt: paragraph (f) of this deﬁnition was substituted, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18).

Income­tested beneﬁt: paragraph (f) of this deﬁnition was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Super­ annuation Act 2001”.
Income­tested beneﬁt: paragraph (h) was repealed, as from 15 April 2005, by section 3(2) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Job seeker contract[Repealed] Job seeker contract: this deﬁnition was inserted, as from 1 October 1998, by section 18(1) Social Security Amendment Act 1998 (1998 No 19).

Job seeker contract: this deﬁnition was repealed, as from 1 July 2001, by section 13(9) Social Security Amendment Act 2001 (2001 No 1).
[Repealed] Living with a parent, in relation to a person,— (a) Means living in the same home as a parent of the person; but (b) Does not include a situation in which a person lives in the same home as a parent of the person where— (i) The parent is ﬁnancially dependent on the per­ son; or The person, at his or her own expense, provides accommodation for the parent in the home; or (ii) (iii) The person provides a substantial degree of care to the parent; or 42 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 (iv) The home is a hostel, boardinghouse, or similar lodging, and the person and the parent pay for accommodation in it: Living with a parent: this deﬁnition was inserted, as from 1 July 1998, by section 2(2) Social Security Amendment Act 1998 (1998 No 19).
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 Married rate: this deﬁnition was inserted, as from 9 February 1977, by section 2(2) Social Security Amendment Act 1976 (1976 No 40).

married rate: this deﬁnition was substituted, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).
Married rate: this deﬁnition was substituted, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21).
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 Practitioners Competence Assurance Act 2003 as a practi­ tioner of the profession of medicine Medical practitioner: this deﬁnition was amended by substituting the reference to the Medical Practitioners Act 1968 (1968 No 46) for a reference to the re­ pealed Medical Practitioners Act 1950.
That reference was in turn substituted, as from 1 July 1996, by a reference to the Medical Practitioners Act 1995. this deﬁnition was substituted, as from 18 September medical practitioner: 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provi­ sions.
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 midwife: this deﬁnition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
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 Minister: this deﬁnition was inserted, as from 1 October 1998, by section 11 Employment Services and Income Support (integrated Administration) Act 1998 (1998 No 96).
43 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 National superannuation[Repealed] [Repealed] Net average wage[Repealed] Net average wage: this deﬁnition was inserted, as from 1 March 1991, by sec­ tion 2(3) Social Security Amendment Act 1991 (1991 No 1).

Net average wage: this deﬁnition was repealed, as from 1 April 1997, by section 2(3) Social Security Amendment Act 1996 (1996 No 20).
[Repealed] New Zealand superannuation means New Zealand super­ annuation payable under the New Zealand Superannuation and Retirement Income Act 2001 New Zealand superannuation: this deﬁnition was inserted, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

New Zealand superannuation: this deﬁnition was substituted, as from 12 Octo­ ber 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84).
New Zealand superannuation: this deﬁnition was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannu­ ation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.
Non­entitlement 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: failed to comply with an obligation under section 60GAB (c) (d) (e) 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 nurse: this deﬁnition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).
See sections 178 to 227 of that Act as to the transitional provisions.
44 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 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 Practitioners Competence Assurance Act 2003 as a practi­ tioner of the profession of occupational therapy occupational therapist: this deﬁnition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).
See sections 178 to 227 of that Act as to the transitional provisions.

Open employment means employment other than sheltered employment Open employment: this deﬁnition was inserted, as from 1 September 1998, by section 11(1) Social Security Amendment Act 1998 (1998 No 19).
Ordinarily resident, in relation to any person, does not in­ clude being unlawfully resident in New Zealand Ordinarily resident: this deﬁnition was inserted, as from 1 March 1991, by sec­ tion 2(3) Social Security Amendment Act 1991 (1991 No 1).

Organised activity[Repealed] Organised activity: this deﬁnition was inserted, as from 1 October 1998, by section 2(1) Social Security (Work Test) Amendment Act 1998 (1998 No 94).
Organised activity: this deﬁnition was repealed, as from 1 July 2001, by section 13(9) Social Security Amendment Act 2001 (2001 No 1).

[Repealed] overseas epidemic management notice means a notice under section 61CE overseas epidemic management notice: this deﬁnition was inserted, as from 19 December 2006, by section 4 Social Security Amendment Act 2006 (2006 No 90).
Overseas pension— (a) Means a beneﬁt, pension, or periodical allowance of a kind described in section 70(1) of this Act; but (b) Does not include a beneﬁt, pension, or periodical al­ lowance of a kind referred to in the proviso to section 70(1) of this Act; and (c) Does not include a Government occupational pension: Overseas pension and Overseas pensioner: these deﬁnitions were inserted, as from 2 October 1996, by section 2 Social Security Amendment Act (No 6) 1996 (1996 No 157).
45 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 Overseas pensioner means a person to whom an overseas pension has been granted Overseas pension and Overseas pensioner: these deﬁnitions were inserted, as from 2 October 1996, by section 2 Social Security Amendment Act (No 6) 1996 (1996 No 157).
Parent, for the purposes of the deﬁnition of the term living with a parent, means a parent, or a guardian, or a person act­ ing as a parent Parent: this deﬁnition was inserted, as from 1 July 1998, by section 2(2) Social Security Amendment Act 1998 (1998 No 19).

Participation allowance means a participation allowance under regulations made under section 132F Participation allowance: this deﬁnition was inserted, as from 1 October 1998, by section 18(1) Social Security Amendment Act 1998 (1998 No 19).
Part­time work means work that averages not less than 15 hours a week when calculated over a period of the preceding 3 months— (a) Under a contract of service, whether on time or piece rates; or (b) As a self­employed person in any business, profession, trade, manufacture, or undertaking: Part­time work: this deﬁnition was inserted, as from 1 April 1997, by section 2(5) Social Security Amendment Act 1996 (1996 No 20).
Part­time work: this deﬁnition was amended, as from 1 October 1998, by sec­ tion 18(8) Social Security Amendment Act 1998 (1998 No 19) by omitting “, in relation to a widow’s or a domestic purposes beneﬁciary,”.
part­time work­tested beneﬁciary means a person— who is a work­tested spouse or partner; and (a) (b) whose youngest dependent child is aged 6 years or older, but under 18 years partner, in the phrase “spouse or partner” and in related con­ texts, means a civil union partner or de facto partner partner: this deﬁnition was inserted, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).
partner: this deﬁnition was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by adding “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 Pay day: this deﬁnition was inserted, as from 9 February 1977, by section 2(3) Social Security Amendment Act 1976 (1976 No 40).
46 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 Pay day: the words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Pay day: 37(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
this deﬁnition was substituted, as from 1 April 1990, by section Pay day: this deﬁnition was amended, as from 17 September 1997, by section 2(3) Social Security Amendment Act (No 4) 1997 (1997 No 63) by inserting the words “or date”.

Pay day: this deﬁnition was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “chief executive” for “Director­General”.
Pay period[Repealed] Pay period the words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amend­ ment Act 1987 (1987 No 106).

this deﬁnition was repealed, as from 1 April 1990, by section Pay period: 37(1)(b) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
[Repealed] Periodical means regular or intermittent Periodical: this deﬁnition was inserted by section 3(1) Social Security Amend­ ment Act 1994 (1994 No 86) with application only in respect of: (a) applications for beneﬁts lodged as from 2 October 1994; and (b) applications for beneﬁts lodged, but which have not been granted, before 2 October 1994.

See sections 8 and 9 of that Act for the transitional and savings provisions.
personal development and employment plan has the mean­ ing speciﬁed in section 60O.

personal development and employment plan: this deﬁnition was inserted, as from 10 March 2003, by section 4(3) Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
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 physiotherapist: this deﬁnition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
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 47 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 (i) (b) Any person who is the proprietor of, or employed in,— A residence established under the Children, Young Persons, and Their Families Act 1989; or (ii) (iii) Any other institution in which the child is being cared for: Principal caregiver: this deﬁnition was inserted, as from 25 July 1990, by sec­ tion 2(1) Social Security Amendment Act (No 2) 1990 (1990 No 74).
Principal caregiver: this deﬁnition was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administra­ tion) Act 1998 (1998 No 96) by substituting “chief executive” for “Director­ General”.

Principal caregiver: paragraph (b)(ii) of this deﬁnition was repealed, as from 1 October 2004, by section 59(1) Health and Disability Services (Safety) Act 2001 (2001 No 93).

See section 11 of that Act for transitional provisions.
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 Assurance Act 2003 as a practitioner of the profession of psychology.

Psychologist: this deﬁnition was inserted, as from 1 September 1998, by section 11(1) Social Security Amendment Act 1998 (1998 No 19).
psychologist: this deﬁnition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.

Purchaser[Repealed] Purchaser: 2(5) Social Security Amendment Act (No 3) 1993 (1993 No 57).
this deﬁnition was inserted, as from 30 June 1993, by section Purchaser: this deﬁnition was repealed, as from 15 November 2000, by section 3(2) Social Security Amendment Act 2000 (2000 No 81).

[Repealed] Redundancy payment[Repealed] Redundancy payment: this deﬁnition was inserted, as from 1 March 1991, by section 2(3) Social Security Amendment Act 1991 (1991 No 1).
Redundancy payment: this deﬁnition was repealed, as from 30 November 1992, by section 2(3) Social Security Amendment Act (No 4) 1992 (1992 No 99).
[Repealed] Regular, in relation to work, does not include— (a) (b) Casual employment; or Employment on call if there are no speciﬁed hours for such employment in the person’s employment contract: 48 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 this deﬁnition was inserted, as from 1 October 1998, by section Regular: 18(1) Social Security Amendment Act 1998 (1998 No 19).
Resident, in relation to any person, does not include being unlawfully resident in New Zealand Resident: this deﬁnition was inserted, as from 1 March 1991, by section 2(3) So­ cial Security Amendment Act 1991 (1991 No 1).

residential care disability services[Repealed] residential care disability services: this deﬁnition was inserted, as from 30 June 1993, by section 3(3) Social Security Amendment Act (No 3) 1993 (1993 No 57).
residential care disability services: this deﬁnition was substituted, as from 1 October 2002 by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93).

See section 11 of that Act for transitional provisions.

Supervision and support services; and residential care disability services: this deﬁnition was repealed, as from 1 July 2005, by section 13(1) Social Security (Long­term Residential Care) Amend­ ment Act 2004 (2004 No 101).
See sections 7 to 11 of that Act for the transitional provisions.
[Repealed] 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) Hotel­type services (including the provision of sleep­ ing facilities, meals, laundry, cleaning services and supplies, 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 satisfy­ ing activity to the person (including the provision of educational, social, recreational, and other activities); and Clinical support services, including personal health services (within the meaning of the New Zealand Public Health and Disability Act 2000), consultations (d) (e) (c) (f) 49 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 with a medical practitioner, pharmaceuticals, inconti­ nence aids, and other treatment costs: Residential care services: this deﬁnition was inserted, as from 17 September 1997, by section 2(4) Social Security Amendment Act (No 4) 1997 (1997 No 63).
Residential care services: paragraph (f) of this deﬁnition was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disabil­ ity Act 2000 (2000 No 91) by substituting “personal health services (within the meaning of the New Zealand Public Health and Disability Act 2000)” for “health services (within the meaning of the Health and Disability Services Act 1993)”.
Residential care services: this deﬁnition was amended, as from 1 October 2002 by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93) by substituting “a residential disability care institution or rest home within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001” for “an appropriately licensed or registered home”.

See section 11 of that Act for transitional provisions.
rest home means a rest home as deﬁned in section 58(4) of the Health and Disability Services (Safety) Act 2001. rest home: this deﬁnition was inserted, as from 1 July 2005, by section 13(1) So­ cial Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
Salary or wages includes commission, and any other remu­ neration from employment Salary or wages: this deﬁnition was inserted, as from 1 March 1991, by section 2(3) Social Security Amendment Act 1991 (1991 No 1).

Sheltered employment includes employment in a sheltered workshop within the meaning of the Disabled Persons Em­ ployment Promotion Act 1960 Sheltered employment: this deﬁnition was inserted, as from 1 September 1998, by section 11(1) Social Security Amendment Act 1998 (1998 No 19).
Sickness includes pregnancy after the 26th week Sickness: this deﬁnition was inserted, as from 1 September 1998, by section 11(1) Social Security Amendment Act 1998 (1998 No 19).

single means not married or in a civil union or a de facto rela­ tionship single: this deﬁnition was inserted, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).

single: this deﬁnition was substituted, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21).
50 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 Social security income tax[Repealed] Social security income tax: this deﬁnition was repealed, as from 1 April 1969, by section 3(2) Land and Income Tax Amendment Act (No 3) 1968 (1968 No 49).
[Repealed] 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) sole parent: 2(1) Social Security Amendment Act (No 2) 1990 (1990 No 74).
this deﬁnition was inserted, as from 25 July 1990, by section is— (i) sole parent: this deﬁnition was substituted, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).

this deﬁnition was inserted, as from 11 October 1978, by section sole parent: paragraph (b) of this deﬁnition was substituted, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21).
Spouse means the husband or wife of an applicant or beneﬁ­ ciary, as the context may require Spouse: 2(2) Social Security Amendment Act 1978 (1978 No 58).

Strike has the same meaning as in section 81 of the Employment Relations Act 2000 Strike: this deﬁnition was inserted, as from 1 March 1991, by section 2(3) Social Security Amendment Act 1991 (1991 No 1).
Strike: a reference to “section 61 of the Employment Contracts Act 1991” was substituted, as from 15 May 1991, for a reference to “section 231 of the Labour Relations Act 1987” pursuant to section 174 Employment Contracts Act 1991 (1991 No 22).

this deﬁnition was substituted, as from 2 October 2000, by section Strike: 240 Employment Relations Act 2000 (2000 No 24).
Student allowance means an allowance established by regu­ lations made under section 303 of the Education Act 1989 Student allowance: this deﬁnition was inserted, as from 1 October 1998, by sec­ tion 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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 51 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 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 Temporary employment: this deﬁnition was inserted, as from 1 March 1991, by section 2(3) Social Security Amendment Act 1991 (1991 No 1).
Temporary employment: this deﬁnition was amended, as from 9 December 1994, by section 2 Social Security Amendment Act (No 2) 1994 (1994 No 142) by substituting “26” for “13”.

Transitional retirement beneﬁt[Repealed] Transitional retirement beneﬁt: this deﬁnition was inserted, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Transitional retirement beneﬁt: this deﬁnition was repealed, as from 15 April 2005, by section 3(3) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

[Repealed] Union has the same meaning as in section 5 of Employment Relations Act 2000 Union: this deﬁnition was inserted, as from 1 March 1991, by section 2(3) So­ cial Security Amendment Act 1991 (1991 No 1).

the this deﬁnition was substituted, as from 2 October 2000, by section Union: 240 Employment Relations Act 2000 (2000 No 24).
Veteran’s pension means a veteran’s pension payable under Part 6 of the War Pensions Act 1954 Veteran’s pension: this deﬁnition was inserted, as from 1 April 1990, by section 14(3) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Veteran’s pension: this deﬁnition was substituted, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18).
Work preparation exercise has the meaning given to it in section 60HA(2) Work preparation exercise: this deﬁnition was inserted, as from 1 February 1999, by section 58(1) Social Security Amendment Act 1998 (1998 No 19).

See section 78 of that Act as to the various application dates of this amendment.
Work test, in relation to a person, means the person’s obliga­ tions under section 102(2); and work test obligations has a corresponding meaning Work test: 18(1) Social Security Amendment Act 1998 (1998 No 19).

this deﬁnition was inserted, as from 1 October 1998, by section Work test: this deﬁnition was substituted, as from 1 October 1998, by section 2(2) Social Security (Work Test) Amendment Act 1998 (1998 No 94).
52 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 Work­test married rate— (a) Means, in relation to an unemployment beneﬁt or a sick­ ness beneﬁt, a rate in Schedule 8 or 9 that is payable to a person who is married or in a civil union or in a de facto relationship, other than a rate payable if the per­ son’s spouse or partner is entitled to a beneﬁt in his or her own right: (b) Means, in relation to an invalid’s beneﬁt,— (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.
Work­test married rate: this deﬁnition was inserted, as from 1 February 1999, by section 58(1) Social Security Amendment Act 1998 (1998 No 19).

See section 78 of that Act as to the various application dates of this amendment.

Work­test married rate: paragraph (a) of this deﬁnition was amended, as from 1 July 2001, by section 13(4) Social Security Amendment Act 2001 (2001 No 1) by substituting “an unemployment beneﬁt or a sickness beneﬁt” for “a com­ munity wage”.
Work­test married rate: paragraphs (a) and (b) of this deﬁnition were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “person who is married or in a civil union” for “married person”.

Work­test married rate: paragraphs (a), (b)(i) and (ii), and (c)(i) and (ii) of this deﬁnition were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.
sole parent: paragraphs (a) and (b)(i) of this deﬁnition were amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.
Work­test married rate: paragraph (b)(ii) of this deﬁnition was amended, as from 1 July 2005, by section 13(1) Social Security (Long­term Residential Care) 53 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 Amendment Act 2004 (2004 No 101) by substituting “long­term residential care in a hospital or rest home” for “residential care disability services”.

See sections 7 to 11 of that Act for the transitional provisions.
[Repealed] [Repealed] [Repealed] Work­test married rate: paragraph (c)(ii) of this deﬁnition was substituted, as from 1 July 2005, by section 13(1) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
Work­tested beneﬁciary means a person who is— a person granted an unemployment beneﬁt; or (a) (b) A work­tested spouse or partner; or (c) (d) (e) Work­tested beneﬁt means— A community wage; or (a) (b) (c) [Repealed] In relation to a work­tested spouse or partner, includes an emergency beneﬁt or an invalid’s beneﬁt: Work­tested domestic purposes beneﬁciary[Repealed] Work­tested domestic purposes beneﬁciary: this deﬁnition was inserted, as from 1 April 1997, by section 2(6) Social Security Amendment Act 1996 (1996 No 20).
(d) (e) Work­tested domestic purposes beneﬁciary: this deﬁnition was amended, as from 1 October 1998, by section 18(9) Social Security Amendment Act 1998 (1998 No 19) by omitting “, under section 60HD of this Act,”.

Work­tested domestic purposes beneﬁciary: paragraph (b) of this deﬁnition was amended, as from 1 February 1999, by section 58(5) Social Security Amend­ ment Act 1998 (1998 No 19) by substituting “6” for “14”.

See section 78 of that Act as to the various application dates of this amendment.
Work­tested domestic purposes beneﬁciary: this deﬁnition was repealed, as from 10 March 2003, by section 4(6) Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
[Repealed] work­tested 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 either— the spouse or partner of a person granted an unemploy­ ment beneﬁt, a sickness beneﬁt, or an invalid’s beneﬁt (b) (c) 54 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 (d) or an emergency beneﬁt, where the beneﬁt is granted at a work­test married rate; or is the spouse or partner of a person who is receiving long­term 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 Work­tested spouse: this deﬁnition was inserted, as from 1 April 1997, by sec­ tion 2(6) Social Security Amendment Act 1996 (1996 No 20).
Work­tested spouse: this deﬁnition was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting “or a young job seeker’s allowance”.

Work­tested spouse: this deﬁnition was substituted, as from 1 October 1998, by section 18(2) Social Security Amendment Act 1998 (1998 No 19).

Work­tested spouse: this deﬁnition was substituted, as from 1 February 1999, by section 58(6) Social Security Amendment Act 1998 (1998 No 19).
See section 78 of that Act as to the various application dates of this amendment.

work­tested spouse or partner: this deﬁnition was substituted for the deﬁnition of the term Work­tested spouse, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).
work­tested spouse or partner: paragraph (d) of this deﬁnition was amended, as from 1 July 2005, by section 13(1) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101) by substituting “long­term residential care in a hospital or rest home” for “residential care disability services”.

See sections 7 to 11 of that Act for the transitional provisions.
work­tested spouse or partner: paragraph (d) of this deﬁnition was amended, as from 1 July 2005, by section 13(1) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101) by substituting “section 155” for “section 132B”.

See sections 7 to 11 of that Act for the transitional provisions.

Work­tested widow’s beneﬁciary[Repealed] Work­tested widow’s beneﬁciary: this deﬁnition was inserted, as from 1 April 1997, by section 2(6) Social Security Amendment Act 1996 (1996 No 20).
Work­tested widow’s beneﬁciary: this deﬁnition was amended, as from 1 Oc­ tober 1998, by section 18(9) Social Security Amendment Act 1998 (1998 No 19) by omitting “, under section 60HD of this Act,”.

Work­tested widow’s beneﬁciary: this deﬁnition was amended, as from 1 Febru­ ary 1999, by section 58(7) Social Security Amendment Act 1998 (1998 No 19) by substituting “6” for “14”.

See section 78 of that Act as to the various ap­ plication dates of this amendment.
Work­tested widow’s beneﬁciary: this deﬁnition was repealed, as from 10 March 2003, by section 4(6) Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
[Repealed] 55 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 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 (aa) The day observed as the anniversary of the appropriate province; and (b) A day in the period commencing on the 25th day of December in any year and ending with the 15th day of January in the following year.
Working day: this deﬁnition was inserted, as from 30 June 1993, by section 2(6) Social Security Amendment Act (No 3) 1993 (1993 No 57).

Working day: paragraph (a) of this deﬁnition was inserted, as from 1 October 1998, by section 2(2) Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Working day paragraph (aa) was inserted, as from 1 October 1998, by section 2(2) Social Security (Work Test) Amendment Act 1998 (1998 No 94).
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.
(2) (2A) [Repealed] (3) set Except for the purposes of a means assessment under Part 4, and notwithstanding the deﬁnition of the term income in sub­ section (1) of this section, 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 (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) Offered or entered into in New Zealand by a life insurer (as that term is deﬁned in paragraph (a) of (b) (c) in 56 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 the deﬁnition of life insurer in section OB 1 of the Income Tax Act 2004); or (ii) 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 OE 1 or section OE 2(1) of the Income Tax Act 2004; and (4) (d) Before the 1st day of 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 (if any), being a spouse or partner whose age is less than that of the person whose income is being determined, was aged 55 years or more,— 50 percent of the amount received by that person under that pension or under that annuity shall not be included in the in­ come of that person.
In considering, in respect of a person, whether any payment or credit or service is an income­related insurance payment or is for an income­related 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: (b) (c) (d) (e) 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: (f) Whether the person has assigned his or her right to re­ ceive the payment or credit or service: (g) Any other matters that the chief executive considers, in the circumstances of the particular case, to be relevant.
57 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 For the avoidance of doubt, a dependent child of a person granted a beneﬁt at a work­test married rate is also a depend­ ent child of that person’s spouse or partner for the purposes of the deﬁnition of the term work­tested 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 26 Section 3(1) application: 22(1) of the Social Security Amendment Act 2007 (2007 No 20).

substituted, on 24 September 2007, by section 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) non­entitlement 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) non­entitlement period paragraph (e): added, on 24 September 2007, by section 42(6) of the Social Security Amendment Act 2007 (2007 No 20).

Section 3(1) part­time work­tested beneﬁciary: substituted, on 24 September 2007, by section 22(1) of the Social Security Amendment Act 2007 (2007 No 20).
Section 3(1) suitable employment: substituted, on 24 September 2007, by sec­ tion 22(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 3(1) work­tested 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) work­tested beneﬁt paragraph (d): repealed, on 24 September 2007, by section 22(2)(b) of the Social Security Amendment Act 2007 (2007 No 20).
Non­entitlement period: this deﬁnition was inserted, as from 1 April 1997, by section 2(4) Social Security Amendment Act 1996 (1996 No 20).

Non­entitlement period: this deﬁnition was substituted, as from 1 October 1998, by section 18(2) Social Security Amendment Act 1998 (1998 No 19).

Part­time work­tested beneﬁciary: this deﬁnition was inserted, as from 1 Octo­ ber 1998, by section 18(1) Social Security Amendment Act 1998 (1998 No 19).
Part­time work­tested beneﬁciary: this deﬁnition was substituted, as from 1 February 1999, by section 58(3) Social Security Amendment Act 1998 (1998 No 19).

See section 78 of that Act as to the various application dates of this amendment.

Part­time work­tested beneﬁciary: paragraph (a) of this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
(5) (6) 58 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 3 Part­time work­tested beneﬁciary: paragraph (b) of this deﬁnition was repealed, as from 10 March 2003, by section 4(2) Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

Suitable employment: this deﬁnition was inserted, as from 1 October 1998, by section 18(1) Social Security Amendment Act 1998 (1998 No 19).
Suitable employment: this deﬁnition was substituted, as from 1 October 1998, by section 2(2) Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Suitable employment: this deﬁnition was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Admin­ istration) Act 1998 (1998 No 96) by substituting “chief executive” for “Dir­ ector­General”.
Work­tested beneﬁciary: this deﬁnition was inserted, as from 1 April 1997, by section 2(6) Social Security Amendment Act 1996 (1996 No 20).

Work­tested beneﬁciary: paragraph (a) of this deﬁnition was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by substituting “young job seeker’s allowance” for “job search allowance”.

Work­tested beneﬁciary: 1998, by section 18(2) Social Security Amendment Act 1998 (1998 No 19).
“Work­tested beneﬁciary”: paragraph (a) of this deﬁnition was substituted, as from 1 July 2001, by section 13(5) Social Security Amendment Act 2001 (2001 No 1).

this deﬁnition was substituted, as from 1 October Work­tested beneﬁciary: paragraph (b) of this deﬁnition were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.
Work­tested beneﬁciary: paragraphs (c) and (d) of this deﬁnition were repealed, as from 10 March 2003, by section 4(4) Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

Work­tested beneﬁt: this deﬁnition was inserted, as from 1 April 1997, by sec­ tion 2(6) Social Security Amendment Act 1996 (1996 No 20).
Work­tested beneﬁt: paragraph (a) of this deﬁnition was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by substituting “young job seeker’s allowance” for “job search allowance”.

Work­tested beneﬁt: this deﬁnition was substituted, as from 1 October 1998, by section 18(2) Social Security Amendment Act 1998 (1998 No 19).
Work­tested beneﬁt: paragraph (b) was amended, as from 1 February 1999, by inserting “; or”, and paragraph (c) was inserted, by section 58(4) Social Security Amendment Act 1998 (1998 No 19).

Work­tested beneﬁt: paragraphs (b) and (c) of this deﬁnition were repealed, as from 10 March 2003, by section 4(5) Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Work­tested beneﬁt: paragraph (e) of this deﬁnition were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

59 Part 1 s 3 Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (1) was amended, as from 1 July 1998, by section 2(1) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “In this Act” for “In this Part of this Act and in the Schedules to this Act”.
Subsection (2) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Subsection (2A) was inserted, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21).

Subsection (2A) was repealed, as from 1 April 2007, by section 5 Social Secur­ ity Amendment Act 2005 (2005 No 21).
Subsection (3) was inserted, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Subsection (3) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting the words “or the New Zealand Superannuation Act 2001” after “Social Welfare (Transitional Provisions) Act 1990”.
Subsection (3) was amended, as from 15 April 2003, by section 12(1) War Pen­ sions Amendment Act 2003 (2003 No 18) by inserting “or Part 6 of the War Pen­ sions Act 1954” after “the Social Welfare (Transitional Provisions) Act 1990”.
Subsection (3) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001” in both places they appear.
Subsection (3) was amended, as from 1 July 2005, by section 13(1) Social Se­ curity (Long­term Residential Care) Amendment Act 2004 (2004 No 101) by substituting “a means assessment under Part 4” for “section 69E of this Act”.

See sections 7 to 11 of that Act for the transitional provisions.

Subsection (3)(a) was substituted, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84).
Subsection (3)(b) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

Subsection (3)(c) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting “Income Tax Act 2004” for “In­ come Tax Act 1994” in both places they appear.
Subsection (3)(c)(i) was amended, as from 1 April 1995, by section YB 1 In­ come Tax Act 1994 (1994 No 164) by substituting “paragraph (a) of the deﬁn­ ition of life insurer in section OB 1 of the Income Tax Act 1994” for “section 204 of the Income Tax Act 1976”.

Subsection (3)(c)(ii) was amended, as from 1 April 1995, by section YB 1 In­ come Tax Act 1994 (1994 No 164) by substituting “section OE 1 or section OE 2(1) of the Income Tax Act 1994” for “section 241 of the Income Tax Act 1976”.
Subsection (3)(d)(ii) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.
60 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 5 Subsection (4) was inserted by section 3(3) Social Security Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for bene­ ﬁts lodged as from 2 October 1994; and (b) applications for beneﬁts lodged, but which have not been granted, before 2 October 1994.

See sections 8 and 9 of that Act for the transitional and savings provisions.
Subsection (4) was amended, as from 1 October 1998, by section 11 Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “chief executive” for “Director­General”.

Subsection (5) was inserted, as from 1 April 1997, by section 2(7) Social Se­ curity Amendment Act 1996 (1996 No 20).
Subsection (5) was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting the words “or a young job seeker’s allowance”.

Subsection (5) was substituted, as from 1 October 1998, by section 18(11) So­ cial Security Amendment Act 1998 (1998 No 19).
Subsection (5) was amended, as from 1 February 1999, by section 58(8) Social Security Amendment Act 1998 (1998 No 19) by substituting “work­test married rate” for “married rate (other than a rate for a person whose spouse is receiving a beneﬁt in his or her own right)”.

See section 78 of that Act as to the various application dates of this amendment.
Subsection (5) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the words “spouse” in both places where it appears.

Subsection (6) was inserted, as from 2 July 2007, by section 4(2) Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.
3A Delegation of powers by Minister [Repealed] Section 3A was inserted, as from 1 April 1990, by section 34(2) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Section 3A was repealed, as from 1 October 1998, by section 11 Employment Services and Income Support (integrated Administration) Act 1998 (1998 No 96).

4 Administration Section 4 was repealed, as from 1 April 1972, by section 15(4) Department of Social Welfare Act 1971 (1971 No 60).

See section 1(2) of that Act and SR 1972/37.
5 (1) 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 61 Part 1 s 6 Social Security Act 1964 Reprinted as at 19 December 2007 Pensions Act 1954 or the New Zealand Superannuation Act 2001, the chief executive must comply 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 was substituted, as from 23 June 1987, by section 2(2) Social Security Amendment Act 1987 (1987 No 106).
Subsection (1) was amended, as from 25 July 1990, by section 3(1) Social Se­ curity Amendment (No 2) 1990 (1990 No 74) by inserting the words “or the Social Welfare (Transitional Provisions) Act 1990.” Subsection (1) was amended, as from 15 April 2003, by section 12(1) War Pen­ sions Amendment Act 2003 (2003 No 18) by inserting the words “or Part 6 of the War Pensions Act 1954” after the words “the Social Welfare (Transitional Provisions) Act 1990”.
Subsection (3) was repealed, as from 1 March 1991, by section 3(1) Social Security Amendment Act 1991 (1991 No 1).

Section 5 was substituted, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Subsection (1) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting after the expres­ sion “Social Welfare (Transitional Provisions) Act 1990”, the words “or the New Zealand Superannuation Act 2001”.

Sections 6 and 7 were repealed, as from 23 June 1987, by section 2(3)(e) Social Security Amendment Act 1987 (1987 No 106).

Sections 6 and 7 were repealed, as from 23 June 1987, by section 2(3)(e) Social Security Amendment Act 1987 (1987 No 106).
Section 8 was repealed by section 17(2) Department of Social Welfare Act 1971 (1971 No 60).

See section 1(2) of that Act and SR 1972/37.

Section 9 was repealed, as from 23 June 1987, by section 2(3)(e) Social Security Amendment Act 1987 (1987 No 106).

Delegation of Director­General’s powers [Repealed] Section 10 was substituted, as from 23 June 1987, by section 3(1) Social Secur­ ity Amendment Act 1987 (1987 No 106).
62 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 10A Subsections (1A) to (1C) were inserted, as from 1 April 1997, by section 3(1) Social Security Amendment Act 1996 (1996 No 20).

Subsection (2) was amended, as from 1 April 1997, by section 3(2) Social Se­ curity Amendment Act 1996 (1996 No 20) by inserting the words “subsection (1) of”.
Section 10 was repealed, as from 1 October 1998, by section 11 Employment Services 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 cision­making person by delegation , against which the applicant or beneﬁciary or other person has a right of appeal under section 12J.
(1A) A person to whom this section applies may apply in writing for a review of the decision to the appropriate district 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.
(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 matter or matters to which the Act applies are being made or was taken or made.
(2) 63 Part 1 s 10A Social Security Act 1964 Reprinted as at 19 December 2007 (3) (4) (c) Every beneﬁts review committee shall consist of— (a) A person resident in or closely connected with the ofﬁce of the Department where decisions or recommendations in relation to the matter or matters to which the Act ap­ plies are being made or was taken or made appointed by the Minister to represent the interests of the community on the committee: (b) Two ofﬁcers of the Department appointed by the chief executive— (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) of this section— (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 or the Government Superannuation Fund Act 1956 by rea­ son only of his or her membership of the beneﬁts review committee.
(c) (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.
64 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 10A (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) Advice that the applicant has a right of appeal against The reasons for the review committee’s decision; and the decision to the Social Security Appeal Authority.
Section 10A was inserted, as from 23 June 1987, by section 4 Social Security Amendment Act 1987 (1987 No 106).

Subsection (1) was substituted, as from 1 July 1992, by section 3 Social Se­ curity Amendment Act (No 5) 1991 (1991 No 143).

See sections 253 and 256(1)(a) and (2) Child Support Act 1991 (1991 No 142) for the transitional and savings provisions.
Subsection (1) was amended, as from 17 September 1997, by section 3 Social Security Amendment Act (No 4) 1997 (1997 No 63) by inserting the words “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 expiration of that period of 3 months”.
Subsection (1) was amended, as from 1 October 1998, by section 11 Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by omitting “section 10 of”.

Subsection (1) was substituted, as from 23 November 2000, by section 8(1) So­ cial Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).
Subsection (1)(a) amended, as from 26 September 2002, by section 5(a) So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28) by omitting “under this Act”.

See section 31 of that Act for tran­ sitional provisions relating to review of decisions.

Subsection (1)(b) was amended, as from 26 September 2002, by section 5(b) So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28) by omitting “under that Act”.
See section 31 of that Act for tran­ sitional provisions relating to review of decisions.

The words “under that Act” were also repealed by section 12(1) War Pensions Amendment Act 2003 (2003 No 18) but the words had already been repealed.

Subsection (1)(c) was inserted, as from 1 July 2005, by section 13(1) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
Subsections (1A) and (1B) were inserted, as from 23 November 2000, by section 8(1) Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).

Subsection (2) was substituted, as from 1 August 1991, by section 3 Social Security Amendment Act (No 2) 1991 (1991 No 78).
Subsection (2) was amended, as from 1 April 1992, by section 4(e) Social Se­ curity Amendment Act 1992 (1992 No 15) by substituting “ofﬁce of the Depart­ ment where decisions or recommendations in relation to the matter or matters to which the Act applies are being made or was taken or made” for “district of the Department”.
65 Part 1 s 11 Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (3)(a) was substituted, as from 1 April 1991, by section 3 Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
Subsection (3)(a) was amended, as from 1 April 1992, by section 4(e) Social Security Amendment Act 1992 (1992 No 15) by substituting “ofﬁce of the De­ partment where decisions or recommendations in relation to the matter or mat­ ters to which the Act applies are being made or was taken or made” for “social welfare district”.

Subsection (3)(b) was substituted, and subsection (3)(c) was inserted, as from 1 April 1997, by section 4 Social Security Amendment Act 1996 (1996 No 20).
Subsection (3)(b) was repealed, as from 1 October 1998, by section 11 Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Subsection (3)(c) was amended, as from 1 October 1998, by section 11 Em­ ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “Two” for “In any other case, two”.
Subsection (4) was substituted, as from 1 April 1991, by section 3 Social Wel­ fare (Transitional Provisions) Amendment Act 1991 (1991 No 4).

As from 1 April 1992, references to “district review committee” were replaced by references to “beneﬁts review committee” pursuant to section 4(g) Social Security Amendment Act 1992 (1992 No 15).
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, and all references to the “Department of Social Welfare” were replaced by references to the “Department” pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Power to obtain information Subject to this section and to the code of conduct established under section 11B, the chief executive, for any purpose speci­ ﬁed in subsection (2) of this section, 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 depart­ ment 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 ex­ ecutive 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 or extracts from any such document to be made or taken; or (b) 11 (1) 66 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 11 (2) (c) 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) of this section are— Determining whether a person who is receiving, or has (a) 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 (b) Determining the rate of beneﬁt or payment that is or was (c) (d) applicable to that person; or Determining whether a person who has been issued with, or has made a claim for, an entitlement card under regulations in force under section 132A of this Act, 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 (e) (da) Determining, pursuant to section 69FA, the amount that any person is required to pay towards the cost of the home­based 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 where­ abouts of any person who is indebted to the Crown under— (i) (ii) This Act; or Sections 27I to 27ZI (except section 27X) of, and Schedule 20 to, this Act (as preserved by section 256(1) of the Child
 Support Act 1991); or 67 Part 1 s 11 Social Security Act 1964 Reprinted as at 19 December 2007 (f) (iii) Section 61CA of this Act; or 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) of this section shall require any per­ son 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) (b) The receipts, payments, income, expenditure, or ﬁnancial transactions of a speciﬁed person (whether a law practitioner, his or her client, or any other person); or Investment receipts (being receipts arising or ac­ cruing from any money lodged at any time with a law practitioner for investment) of any person or persons (whether the law practitioner, his or her clients, or any other person or persons)— 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.
68 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 11 (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) of this section, the chief executive or that per­ son or any other person to whom the information or document relates may apply to a District Court Judge for an order deter­ mining whether or not the claim of privilege is valid; and, for the purposes of determining any such application, the Judge may require the information or document to be produced to the Court.
(7) (8) In this section— Law practitioner means a barrister or solicitor of the High Court; and includes a ﬁrm in which any such law practitioner is a partner or is held out to be a partner Trust account, in relation to a law practitioner, has the same meaning as in section 2 of the Law Practitioners Act 1982.
Section 11 was amended, as from 1 January 1970, by section 2 Social Security Amendment Act 1969 (1969 No 46) by inserting the words “, or of inquiring as to the means, earning capacity, and economic circumstances of any person for the purposes of section 8 of the Domestic Proceedings Act 1968,”.

Section 11 was substituted, as from 23 June 1987, by section 5 Social Security Amendment Act 1987 (1987 No 106).
Section 11 was substituted, as from 30 June 1993, by section 3 Social Security Amendment Act (No 3) 1993 (1993 No 57).

Subsection (1) was amended, as from 17 September 1997, by section 4(1) Social Security Amendment Act (No 4) 1997 (1997 No 63) by inserting the words “and to the code of conduct established under section 11B”.

Subsection (2)(a) was amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
Subsection (2)(a) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting after the expres­ sion “Social Welfare (Transitional Provisions) Act 1990”, the words “or under the New Zealand Superannuation Act 2001”.
Subsection (2)(a) was amended, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18) by inserting the words “or Part 6 of the War Pensions Act 1954” after the words “the Social Welfare (Transitional Provisions) Act 1990”.
Subsection (2)(a) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001” in both places they appear.
69 Part 1 s 11A Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (2)(d) was substituted, as from 1 July 2005, by section 13(1) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.

Subsection (2)(da) was inserted, as from 17 September 1997, by section 4(2) So­ cial Security Amendment Act (No 4) 1997 (1997 No 63).
Subsection (2)(e) was amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Subsection (2)(f) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting after the expres­ sion “Social Welfare (Transitional Provisions) Act 1990”, the words “or under the New Zealand Superannuation Act 2001”.
Subsection (2)(f) was amended, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18) by inserting the words “or Part 6 of the War Pensions Act 1954” after the words “the Social Welfare (Transitional Provisions) Act 1990”.
Subsection (2)(f) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001” in both places they appear.
Subsection (3) was amended, as from 17 September 1997, by section 4(3) Social Security Amendment Act (No 4) 1997 (1997 No 63) by omitting “and, if the offence is a continuing one, to a further ﬁne not exceeding $200 for every day or part of a day during which the offence has continued”.

Subsection (4) was substituted, as from 17 September 1997, by section 4(4) So­ cial Security Amendment Act (No 4) 1997 (1997 No 63).
Subsection (6) was amended, as from 17 September 1997, by section 4(5)(a) So­ cial Security Amendment Act (No 4) 1997 (1997 No 63) by inserting the words “subsection (4) or”.

Subsection (6) was amended, as from 17 September 1997, by section 4(5)(b) So­ cial Security Amendment Act (No 4) 1997 (1997 No 63) by inserting the words “or any other person to whom the information or document relates”.
Subsection (7) was repealed, as from 17 September 1997, by section 4(6) Social Security Amendment Act (No 4) 1997 (1997 No 63).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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 (b) 70 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 11A (c) 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) of this Act requiring 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) of this section whether or not the chief executive is able to identify any employees or former employ­ ees of that employer as being individuals who— (a) Are or have been receiving a beneﬁt or payment under this Act; or (b) Are or have been issued with entitlement cards pursuant (c) 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.
(3) The chief executive shall not issue a notice to any employer pursuant to subsection (1) of this section more than once in any 12­month period.
(4) Where the chief executive obtains information pursuant to a notice issued under subsection (1) of this section, and that in­ formation, when used in an information­matching programme, produces a discrepancy, the chief executive shall not take ad­ verse action against any individual in relation to that discrep­ ancy— (a) Unless the chief executive has given that individual written notice— (i) Specifying particulars of the discrepancy and of the adverse action the chief executive proposes to take; and 71 Part 1 s 11A Social Security Act 1964 Reprinted as at 19 December 2007 (ii) 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 (b) Until the expiration of those 5 working days.
(6) (5) Nothing in subsection (4) of this section prevents the chief executive from taking adverse action against an individual if compliance with the requirements of that subsection would prejudice any investigation 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 to that Act, shall apply, with all neces­ sary modiﬁcations, to any information obtained by the chief executive pursuant to subsection (1) of this section and to any information matching 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 one technical standards report in respect of information received from any employer or employers pursuant to subsection (1) of this section where the stan­ dards in that report are to apply to information so ob­ tained 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) of this section, 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) of this section or with any of the provisions of the sections or rules applied by subsection (6) of this section, 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 subsec­ tion (1) of this section 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 (8) 72 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 11B have the meanings so deﬁned, with any necessary modiﬁca­ tions.
(9) Nothing in this section shall limit or affect the provisions of (10) section 103(1A) of the Privacy Act 1993.

In this section, tax ﬁle number has the same meaning as in section OB 1 of the Income Tax Act 2004.

Section 11A was inserted, as from 23 June 1987, by section 6 Social Security Amendment Act 1987 (1987 No 106).

Section 11A were substituted, as from 30 June 1993, by section 3 Social Secur­ ity Amendment Act (No 3) 1993 (1993 No 57).
Subsection (1)(c) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the words “spouse”.

Subsection (1)(c) was amended, as from 1 July 2005, by section 13(1) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101) by substituting “a means assessment under Part 4 has been conducted” for “a ﬁnancial means assessment has been made”.

See sections 7 to 11 of that Act for the transitional provisions.
Subsection (2)(c) was substituted, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).

Subsection (10) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “section OB 1 of the Income Tax Act 1994” for “section 2 of the Income Tax Act 1976”.

Subsection (10) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting “Income Tax Act 2004” for “In­ come Tax Act 1994”.
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
11B Code of conduct applying to obtaining information under (1) (2) section 11 The chief executive, in consultation with the Privacy Commis­ sioner 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 information or documents under section 11(1), and the chief executive, 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 73 Part 1 s 11B Social Security Act 1964 Reprinted as at 19 December 2007 (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 Governor­General 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 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.
74 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 11C (7) 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.

(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.
Sections 11B and 11C were inserted, as from 17 September 1997, by section 5 Social Security Amendment Act (No 4) 1997 (1997 No 63).

Subsection (1) was amended, as from 1 October 1998, by section 11 Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by omitting “pursuant to section 10”.
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment 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) (i) Requiring any information or document to be ﬁrst sought from a beneﬁciary; and (ii) Allowing the beneﬁciary a reasonable time to provide 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: (c) (b) 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 infor­ mation 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 (d) 75 Part 1 s 11D Social Security Act 1964 Reprinted as at 19 December 2007 tion relating to that employment and the address of the employee or former employee.
(2) In subsection (1)(b), reasonable cause includes— (a) (b) 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 refused, to provide any information or produce any document in accordance with a request or requirement made to that person in accordance with subsection (1)(a).
Sections 11B and 11C were inserted, as from 17 September 1997, by section 5 Social Security Amendment Act (No 4) 1997 (1997 No 63).

Subsection (1)(c) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or rela­ tionship” after the word “marital”.

Subsection (2)(b) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
11D Application process for beneﬁts (1) A beneﬁt must not be granted to an applicant unless the re­ 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— (2) (3) (4) (5) 76 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 11D (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.
(6) (7) (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, 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.
(9) (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 non­compliance 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).
77 Part 1 s 12 Social Security Act 1964 Reprinted as at 19 December 2007 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.
(b) (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 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.
(2) 78 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 12 (3) 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 Section 12(1AA): inserted, on 24 September 2007, by section 25 of the Social Security Amendment Act 2007 (2007 No 20).
Subsection (1) was amended, as from 1 October 1998, by section 11 Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by omitting “section 10 of”.
Subsection (1A) was inserted, as from 24 August 1979, by section 3(1) Social Security Amendment Act 1979 (1979 No 14) Subsection (2) was amended by section 3(1) Social Security Amendment Act 1969 (1969 No 46) by inserting the words “or concerning the means, earning capacity, and economic circumstances of any person, for the purposes of section 8 of the Domestic Proceedings Act 1968”.
Subsection (2) was amended by section 3 Social Security Amendment Act 1972 (1972 No 133 by inserting the words “or of any person who is or may be liable to, maintain any application for a beneﬁt or any dependant of such an applicant”.

Subsection (2) was amended by section 189(1) Family Proceedings Act 1980 (1980 No 94) by substituting “section 46 or section 91 of the Family Proceed­ ings Act 1980” for “section 8 of the Domestic Proceedings Act 1968”.
Subsection (2) was amended by section 3 Social Security Amendment Act 1978 (1978 No 58) by substituting “maintain any applicant for a beneﬁt or any bene­ ﬁciary, or any dependent of such an applicant or of a beneﬁciary” for “maintain any applicant for a beneﬁt or any dependent of such an applicant”.
Subsection (2) was amended, as from 24 August 1979, by section (2)(a) and (b) Social Security Amendment Act 1979 (1979 No 14) by inserting the words “including the applicant” and the words “or any person who is or as been in receipt of a beneﬁt”.
Subsection (2) was amended by section 3 Social Security Amendment Act 1980 (1980 No 157) by inserting the words “or any person who is a liable parent within the meaning of section 27I of this Act”, which were subsequently re­ pealed by section 4(1) Social Security Amendment Act (No 5) 1991 (1991 No 143).
Subsection (2) was amended, as from 1 July 1992, by section 4(1) Social Se­ curity Amendment Act (No 5) 1991 (1991 No 143) by omitting “or any person who is a ‘liable parent’ within the meaning of section 27I of this Act”.

The words “Director­General” in subsections (1) and (2) were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Se­ curity Amendment Act 1987 (1987 No 106).
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

79 Part 1 s 12A Social Security Act 1964 Reprinted as at 19 December 2007 Appeal Authority The heading “Appeal Authority” was inserted, as from 1 May 1974, by section 4 Social Security Amendment Act 1973 (1973 No 34).
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 ernor­General 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.

Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 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 of this Act, continue in of­ ﬁce until his successor comes into ofﬁce.
Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 Social Security Amendment Act 1973 (1973 No 34).

12C Extraordinary vacancies (1) Any member of the Appeal Authority may at any time be re­ moved from ofﬁce by the Governor­General for inability to perform the functions of the ofﬁce, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Gov­ ernor­General, or may at any time resign his ofﬁce by written notice to the Minister.
(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.

80 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 12E (3) (4) 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.

Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 Social Security Amendment Act 1973 (1973 No 34).

Subsection (1) was amended, as from 1 January 2002, by section 70(1) Human Rights Amendment Act 2001 (2001 No 96) by substituting “inability to perform the functions of the ofﬁce” for “disability”.
12D Special Appeal Authorities (1) In addition to the Appeal Authority established by section 12A of this Act, there may from time to time be established in accordance with this section one or more Special Authorities each of which shall be known as a Special Social Security Ap­ peal Authority.
Every Special Social Security Appeal Authority shall consist of 3 persons appointed by the Governor­General 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 Governor­General.

(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.

Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 Social Security Amendment Act 1973 (1973 No 34).
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 Governor­General 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 81 Part 1 s 12F Social Security Act 1964 Reprinted as at 19 December 2007 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) of this section, the Governor­General may, on the recommenda­ tion of the Minister given after consultation with the Minister of Justice, appoint some other person qualiﬁed for appoint­ ment to be Deputy Chairman, to act as Chairman from time to time as required.

Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 Social Security Amendment Act 1973 (1973 No 34).
Subsection (3) was inserted by section 2 Social Security Amendment Act (No 2) 1980 (1980 No 158).

(2) 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.

Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 Social Security Amendment Act 1973 (1973 No 34).
12G Services for Appeal Authority The chief executive of the Department for Courts shall desig­ nate an ofﬁcer of the Department for Courts to be secretary to the Appeal Authority, and shall provide such secretarial, recording, and clerical services as may be necessary to enable the Appeal Authority to discharge its functions.

Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 Social Security Amendment Act 1973 (1973 No 34).
82 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 12J Section 12G was substituted, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39).

12H Authority to have seal The Authority shall have a seal, which shall be judicially no­ ticed by all Courts for all purposes.

Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 Social Security Amendment Act 1973 (1973 No 34).
(2) 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 accord­ ance with section 12J of this Act and section 16A of the War Pensions 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.
Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 Social Security Amendment Act 1973 (1973 No 34).

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment 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) (c) Any of the provisions of Part 1, Part 2, or Part 4; or Section 124(1)(d); or 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 (d) (e) Retirement Income Act 2001; or The Family Beneﬁts (Home Ownership) Act 1964; or Any regulations in force under section 132A or section 155— 83 Part 1 s 12J Social Security Act 1964 Reprinted as at 19 December 2007 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 executive under the power conferred by sec­ tion 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) A child disability allowance under section 39A of this An invalid’s beneﬁt; or Act; or (c) (d) A veteran’s pension under section 70 of the War Pensions Act 1954; or A sickness beneﬁt.
(e) (3) (4) Despite subsection (1), the Appeal Authority does not have the authority to hear and determine any appeal against any decision or determination made by the chief executive under section 110 (deﬁning job seeker development activities).

Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 Social Security Amendment Act 1973 (1973 No 34).
Subsection (1) was amended, as from 23 June 1987, by section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106) by substituting “Director­Gen­ eral” for “Commission”.

Subsection (1) was amended, as from 1 April 1990, by section 38(1)(a) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting “any applicant or beneﬁciary affected may appeal” for “an appeal shall lie”.
84 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 12J Subsection (1)(a) was substituted, as from 1 April 1981, by section 4 Social Security Amendment Act 1980 (1980 No 157).

Subsection (1)(a) was amended, as from 1 April 1990, by section 38(1)(b) So­ cial Welfare (Transitional Provisions) Act 1990 (1990 No 26) by omitting the expression “27ZF and sections 27ZH and”.
Subsection (1)(a) was substituted, as from 1 July 1992, by section 5(1) Social Security Amendment Act (No 5) 1991 (1991 No 143).

Subsection (1)(b) was substituted, as from 1 November 1976, by section (3)(1) Social Security Amendment Act 1976 (1976 No 40).

Subsection (1)(b) was amended, as from 1 July 1996, by section 5 Social Se­ curity Amendment Act (No 3) 1996 (1996 No 49) by substituting “Section 124(1)(d)” for “Sections 124(1)(d) and 125”.
Subsection (1)(ba) was inserted, as from 1 April 1990, by section 14(4) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Subsection (1) was substituted, as from 17 September 1997, by section 6(1) So­ cial Security Amendment Act (No 4) 1997 (1997 No 63).

Subsection (1) was amended, as from 1 October 1998, by section 11 Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by omitting “under section 10 of this Act”.
Subsection (1)(a) was amended, as from 1 October 1998, by section 19(1) Social Security Amendment Act 1998 (1998 No 19) by inserting “or Part 2” after “Part 1”.

Subsection (1)(a) was amended, as from 1 July 2005, by section 13(1) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101) by substituting “, Part 2, or Part 4” for “or Part 2”.

See sections 7 to 11 of that Act for the transitional provisions.
Subsection (1)(c) was amended, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18) by inserting the words “or Part 6 of the War Pensions Act 1954” after the words “the Social Welfare (Transitional Provisions) Act 1990”.

Subsection (1)(ca) was inserted, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84).
Subsection (1)(ca) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001” in both places they appear.

Subsection (1)(e) was amended, as from 1 July 2005, by section 13(1) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101) by substituting “section 155” for “section 132B”.
See sections 7 to 11 of that Act for the transitional provisions.

Subsection (1A) was inserted, as from 1 April 1990, by section 38(1)(c) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Subsection (1A) was repealed, as from 1 July 1992, by section 5(2) Social Se­ curity Amendment Act (No 5) 1991 (1991 No 143).
85 Part 1 s 12J Social Security Act 1964 Reprinted as at 19 December 2007 A new subsection (1A) was inserted, as from 23 November 2000, by section 8(1) Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).

Subsection (1B) was inserted, as from 1 July 2005, by section 13(1) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
Subsection (2) was amended by section 4 Social Security Amendment Act 1978 (1978 No 58) by inserting the words “or a handicapped child’s allowance under section 39A of this Act”.

Subsection (2) was amended, as from 17 September 1997, by section 6(2)(a) So­ cial Security Amendment Act (No 4) 1997 (1997 No 63) by inserting the words “or on grounds relating to incapacity”.
Subsection (2) was amended, as from 1 October 1998, by section 19(2)(a) Social Security Amendment Act 1998 (1998 No 19) by inserting, after the words “to incapacity”, the words “, or capacity for work”.

Subsection (2)(b) was amended, as from 17 September 1997, by section 6(2)(b) Social Security Amendment Act (No 4) 1997 (1997 No 63) by inserting the word “; or”.
Subsection (2)(b) was amended, as from 1 September 1998, by section 12(4)(a) Social Security Amendment Act 1998 (1998 No 19) by substituting “child disability allowance” for “handicapped child’s allowance”.

Subsection 2(c) was repealed, as from 17 November 2000, by section 7(2) Hous­ ing Restructuring (Income­Related Rents) Amendment Act 2000 (2000 No 22).

See clause 2 Housing Restructuring (Income­Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).
Subsection (2)(d) and (e) were amended, as from 17 September 1997, by section 6(2)(c) Social Security Amendment Act (No 4) 1997 (1997 No 63).

Subsection (2)(d) was amended, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18) by substituting “section 70 of the War Pensions Act 1954” for “section 8 of the Social Welfare (Transitional Provisions) Act 1990”.
Subsection (2)(e) was substituted, as from 1 October 1998, by section 19(2)(b) Social Security Amendment Act 1998 (1998 No 19).

Subsection (2)(e) was amended, as from 1 July 2001, by section 15(1)(a) Social Security Amendment Act 2001 (2001 No 1) by substituting “sickness beneﬁt” for “community wage on the grounds of sickness, injury, or disability”.

Subsection (3) was substituted, as from 23 June 1987, by section 6(3) Social Se­ curity Amendment Act 1987 (1987 No 106).
As from 1 April 1992, a reference in subsection (3) to “district review committee” was replaced by a reference to “beneﬁts review committee” pursuant to section 4(g) Social Security Amend­ ment Act 1992 (1992 No 15).

Subsection (3) was repealed, as from 17 September 1997, by section 6(3) Social Security Amendment Act (No 4) 1997 (1997 No 63).

A new subsection (3) was inserted, as from 1 September 1998, by section 16(4) Social Security Amendment Act 1998 (1998 No 19).
Subsection (3) was repealed, as from 8 March 2001, by section 4(2) Social Security Amendment Act 2001 (2001 No 1).

86 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 12K Subsection (4) was inserted, as from 1 October 1998, by section 3 Social Se­ curity (Work Test) Amendment Act 1998 (1998 No 94).
Subsection (4) was amended, as from 1 July 2001, by section 43(1) Social Se­ curity Amendment Act 2001 (2001 No 1) by substituting “deﬁning job seeker development activities” for “which relates to the general speciﬁcation of or­ ganised activities”.

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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) Three months after the applicant is notiﬁed of the con­ ﬁrmation or variation under section 10A(9); or (b) 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.
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) Three months after the applicant is notiﬁed of the deci­ sion or determination; or (b) 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.
(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) 87 Part 1 s 12K Social Security Act 1964 Reprinted as at 19 December 2007 (4) As soon as possible after the receipt of the copy of the notice of appeal by the chief executive, he or she shall send to the Secretary of the Appeal Authority— (a) Any application, documents, written submissions, statements, reports, and other papers lodged with, received by, or prepared for, the chief executive and relating to the decision or determination appealed against; (b) 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; (c) (d) A copy of the decision or determination appealed (e) (5) 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) of this section.

(6) A copy of every report lodged pursuant to paragraph (e) of subsection (4), or subsection (5), of this section shall be given or sent forthwith to every party to the appeal, and any such party shall be entitled to be heard and to tender evidence on any matter referred 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 repre­ sented 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) 88 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 12L (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 or determination at the time when the letter would have been delivered in the ordinary course of post.
Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 Social Security Amendment Act 1973 (1973 No 34).

Subsection (1) was substituted, and subsections (1A) to (1C) were inserted, as from 17 September 1997, by section 7(1) Social Security Amendment Act (No 4) 1997 (1997 No 63).
See section 7(3) of that Act as to the provisions of sec­ tions 12K, 12M, 12O, and 12P of this Act applying, without modiﬁcation (ex­ cept for the new subsection (1C) substituted by section 7(1) of that Act), to every appeal under section 12J of the principal Act that was lodged, and has not been dealt with, before 17 September 1997.
Subsection (1B) was amended, as from 1 October 1998, by section 11 Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by omitting “under section 10”.

Subsection 4 was amended by the words “he or she” been substituted for “it” following the replacement of the original term Commission by Director­General and then by chief executive.
Subsection (11) was amended, as from 17 September 1997, by section 7(2) So­ cial Security Amendment Act (No 4) 1997 (1997 No 63) by substituting “sub­ sections (1A) and (1B)” for “subsection (1) of this section”.
See section 7(3) of that Act as to the provisions of sections 12K, 12M, 12O, and 12P of this Act applying, without modiﬁcation (except for the new subsection (1C) substituted by section 7(1) of that Act), to every appeal under section 12J of the principal Act that was lodged, and has not been dealt with, before 17 September 1997.
As from 23 June 1987, references to the “Commission” were replaced by ref­ erences to the Director­General, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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 89 Part 1 s 12M Social Security Act 1964 Reprinted as at 19 December 2007 actual and reasonable travelling and accommodation expenses (if any) incurred by the appellant.

Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 Social Security Amendment Act 1973 (1973 No 34).
The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 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 of this Act, every appeal against a decision of the chief executive shall be by way of rehearing; 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: (b) 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.
(2) Notwithstanding anything in subsection (1) of this section, on any appeal against a decision or determination of the chief ex­ ecutive, 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 witness made by the chief executive is or may be in­ complete in any material particular.
The Authority shall have full discretionary power to hear and receive evidence or further evidence on questions of fact, ei­ ther by oral evidence or by afﬁdavit.
The Authority shall also have regard to any report lodged by the chief executive under section 12K of this Act and to any matters referred to therein and to any evidence tendered (3) (4) 90 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 12N (5) (6) (7) 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 of this Act, in the de­ termination of any appeal the Authority may conﬁrm, modify, or reverse the decision or determination appealed against.
(8) Notwithstanding the provisions of subsection (7) of this sec­ tion, the Authority 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 Author­ ity shall advise the chief executive of its reasons for so doing and shall give such directions as it thinks just as to the rehear­ ing or reconsideration or otherwise of the whole or any part of the matter that is so referred.
Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 Social Security Amendment Act 1973 (1973 No 34).

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
12N Sittings of Appeal Authority (1) (2) The presence of the Chairman and one 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.
91 Part 1 s 12O Social Security Act 1964 Reprinted as at 19 December 2007 (3) (4) (5) 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) of this section commits an offence and shall be liable on summary conviction to a ﬁne not exceeding $100.

Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 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 ity the appeal was frivolous or vexatious or one that ought not to have been brought.

The amount of costs awarded shall be stated in the order.
(3) (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.
Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 Social Security Amendment Act 1973 (1973 No 34).

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
92 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 12Q As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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.

Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 Social Security Amendment Act 1973 (1973 No 34).
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.

Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 Social Security Amendment Act 1973 (1973 No 34).
The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

As from 1 October 1998, references to “Director­General” were replaced by references to chief executive, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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.

(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.
93 Part 1 s 12R Social Security Act 1964 Reprinted as at 19 December 2007 (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) of this section, 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.

(8) (9) (10) Subject to the provisions of this section, the case shall be dealt with in accordance with rules of Court.

Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 Social Security Amendment Act 1973 (1973 No 34).
Subsection (2) was repealed, as from 15 August 1991, by section 3(4) Judicature Amendment Act 1991 (1991 No 60) 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 de­ termination were made under section 107 of the Summary Proceedings Act 1957.
94 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 16 13 14 15 16 Sections 12A to 12R were inserted, as from 1 May 1974, by section 4 Social Security Amendment Act 1973 (1973 No 34).

National superannuation National Superannuation [Repealed] Sections 13 to 18 were substituted, as from 9 February 1977, by section 4(1) Social Security Amendment Act 1976 (1976 No 40).
Sections 13 to 15 were repealed, as from 1 April 1990, by section 14(18) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Residential qualiﬁcations for national superannuation [Repealed] Subsection (1) was substituted, as from 20 October 1972, by section 4 Social Security Amendment Act 1972 (1972 No 133).

Subsection (2)(e) was inserted, as from 1 January 1970, by section 4 Social Security Amendment Act 1969 (1969 No 46).
Sections 13 to 18 were substituted, as from 9 February 1977, by section 4(1) Social Security Amendment Act 1976 (1976 No 40).

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).
Sections 13 to 15 were repealed, as from 1 April 1990, by section 14(18) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Rates of national superannuation [Repealed] Sections 13 to 18 were substituted, as from 9 February 1977, by section 4(1) Social Security Amendment Act 1976 (1976 No 40).

Sections 13 to 15 were repealed, as from 1 April 1990, by section 14(18) 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] Sections 13 to 18 were substituted, as from 9 February 1977, by section 4(1) Social Security Amendment Act 1976 (1976 No 40).

Section 16 was repealed, as from 1 April 1989, by section 29 Finance Act 1989 (1989 No 13).
95 Part 1 s 17 Social Security Act 1964 Reprinted as at 19 December 2007 17 18 19 Commencement and payment of national superannuation [Repealed] Section 17 was substituted, as from 20 October 1972, by section 5 Social Se­ curity Amendment Act 1972 (1972 No 133).

Sections 13 to 18 were substituted, as from 9 February 1977, by section 4(1) Social Security Amendment Act 1976 (1976 No 40).
Section 17 was repealed, as from 1 April 1990, by section 14(18) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Termination of national superannuation on death of recipient [Repealed] Sections 13 to 18 were substituted, as from 9 February 1977, by section 4(1) Social Security Amendment Act 1976 (1976 No 40).

Section 18 was repealed, as from 28 September 1982 by section 4(1) Social Security Amendment Act 1982 (1982 No 16).
Special allowance for South African War veterans [Repealed] Section 19 was repealed, as from 20 October 1972, by section 6(1) Social Se­ curity Amendment Act 1972 (1972 No 133).

A new section 19 was inserted, as from 9 February 1977, by section 4(1) Social Security Amendment Act 1976 (1976 No 40).

Section 19 was repealed, as from 1 April 1990, by section 14(18) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Section 20 was repealed, as from 9 February 1977, by section 4(1) Social Se­ curity Amendment Act 1976 (1976 No 40).
Widows’ beneﬁts 20 21 Widows’ beneﬁts (1) Subject to the provisions of this Act,— (a) Every widow who is the mother of one or more depend­ ent children; and Every widow (not being a widow to whom paragraph (a) of this subsection applies) who satisﬁes the follow­ ing conditions, namely: (i) (ii) That she has had one or more children; and That the duration of her marriage (or, if she was married more than once, the aggregate of the (b) 96 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 21 (c) (d) 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 one 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) of this subsection 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; (iii) 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 (iv) 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,— 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) (b) comply with a requirement under section 60Q; and comply with any other obligation arising under any of sections 60Q to 60S.
(2B) (2C) (2D) (3) (4) (5) (6) For the purposes of this section, the chief executive may, in the chief executive’s discretion, regard a dependent child as being 97 Part 1 s 21 Social Security Act 1964 Reprinted as at 19 December 2007 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.
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 Subsection (1) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Subsection (1)(a) was amended, as from 1 January 1984, by section 3(1) Social Security Amendment Act 1983 (1983 No 138) by omitting “under 16 years of age”.
Subsection (2) was substituted, as from 2 July 2007, by section 10(2) Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

Subsections (2A) to (2C) were inserted, as from 1 April 1997, by section 5 Social Security Amendment Act 1996 (1996 No 20).

Subsection (2A) was substituted, as from 10 March 2003, by section 6 Social Se­ curity (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
(7) (8) 98 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 21 Subsection (2B) was substituted, as from 1 October 1998, by section 20(1) So­ cial Security Amendment Act 1998 (1998 No 19).

Subsection (2B) was repealed, as from 10 March 2003, by section 6 Social Se­ curity (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Subsection (2C) was amended, as from 1 October 1998, by 20(2) Social Security Amendment Act 1998 (1998 No 19) by substituting “an exemption from the work test” for “, under section 60HD of this Act, an exemption from complying with section 60HC of this Act”.

Subsection (2C) was repealed, as from 10 March 2003, by section 6 Social Se­ curity (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Subsection (2D), originally numbered (2A), was inserted, as from 23 June 1987, by section 9 Social Security Amendment Act 1987 (1987 No 106).

Subsection (2D) was renumbered, as from 1 April 1997, by section 5 Social Security Amendment Act 1996 (1996 No 20).

Subsection (2D), was substituted, as from 1 October 1998, by section 59 Social Security Amendment Act 1998 (1998 No 19).

Subsection (2D) was repealed, as from 1 April 2007, by section 5 Social Se­ curity Amendment Act 2005 (2005 No 21).
See section 6 of that Act as to the transitional provision regarding relationships in the nature of marriage.

Subsection (3)(a) was substituted by section 12(2) Status of Children Act 1969 (1969 No 18) and repealed by section 7(1) Social Security Amendment Act 1978 (1978 No 58).

Subsection (3)(b)(iii) was amended by section 3(1) Social Security Amendment Act 1975 (1975 No 123) by inserting the word “or”.

Subsection (3)(b)(iv) was inserted by section 3(2) Social Security Amendment Act 1975 (1975 No 123).
Subsections (3) and (4) were repealed, as from 2 July 2007, by section 5 Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

Subsection (5) was repealed, as from 1 April 1990, by section 37(2) Social Welfare (Transitional Provisions) 1990 (1990 No 26).
Subsection (6) was amended by section 7(2) Social Security Amendment Act 1978 (1978 No 58) by substituting “The” for “Notwithstanding anything in subsection (3) of this section, the”.

The words “Director­General” in subsection (6) were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
99 Part 1 s 22 Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (6) was substituted, as from 2 July 2007, by section 5 Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

Subsections (7) and (8) were inserted, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).
Subsections (7) and (8) were repealed, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21).

See section 6 of that Act as to the transitional provision regarding relationships in the nature of marriage.

Sections 22 and 23 were repealed, as from 14 November 1973, by section 5 So­ cial Security Amendment Act 1973 (1973 No 34).

Sections 22 and 23 were repealed, as from 14 November 1973, by section 5 So­ cial Security 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.

Subsections (2) and (3) were repealed, as from 14 November 1973, by section 5(1) Social Security Amendment Act 1973 (1973 No 34).

Section 24 was amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
Section 24 was amended, as from 1 February 1999, by section 60 Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “Schedule 3” for “Schedule 3 to this Act”.

Sections 25 and 26 were repealed, as from 14 November 1973, by section 5(1) Social Security Amendment Act 1973 (1973 No 34).

Sections 25 and 26 were repealed, as from 14 November 1973, by section 5(1) Social Security Amendment Act 1973 (1973 No 34).
Continuation of beneﬁt when beneﬁt ceases to be payable in respect of children [Repealed] Section 27 was repealed, as from 1 April 1990, by section 37(2) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

22 23 25 26 24 (1) (2) (3) 27 100 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 27A Domestic purposes beneﬁts The heading “Domestic Purposes Beneﬁts” was inserted, as from 14 November 1973, by section 6(1) Social Security Amendment Act 1973 (1973 No 34).
27A Interpretation (1) (2) (3) 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 (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.
Sections 27A to 27H were inserted, as from 14 November 1973, by section 6(1) Social Security Amendment Act 1973 (1973 No 34).

Subsection (1) Children: paragraph (b)(iii) was amended by section 4(2) Social Security Amendment Act 1975 (1975 No 123) by inserting “or”.

Subsection (1) Children: paragraph (b)(iv) was inserted by section 4(2) Social Security Amendment Act 1975 (1975 No 123).
Subsection (1) Husband: this deﬁnition was repealed, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21).

See section 6 of that Act as to the transitional provision regarding relationships in the nature of marriage.

Subsections (1) and (2) were repealed, as from 2 July 2007, by section 6 Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.
Subsection (3)(a) was repealed, as from 1 October 1986, by section 6(1) Social Security Amendment Act 1986 (1986 No 39).

Subsection (3)(b) was amended, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106) by substituting “Director­General” for “Commission”.

The words “in the Director­General’s discretion” were substituted for “in its discretion” pursuant to section 2(3)(d) of that Act.
Subsection (3)(b) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting “or civil union partner” after the word “wife”.

101 Part 1 s 27B Social Security Act 1964 Reprinted as at 19 December 2007 As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Subsection (3)(b) was amended, as from 1 April 2007, by section 5 Social Se­ curity Amendment Act 2005 (2005 No 21) by substituting “spouse or partner” for “husband or wife or civil union partner”.

See section 6 of that Act as to the transitional provision regarding relationships in the nature of marriage.

Subsection (3) was substituted, as from 2 July 2007, by section 6 Social Security Amendment Act 2007 (2007 No 20).
See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.
27B Domestic purposes beneﬁts for solo parents (1) In this section the term applicant means— (a) (b) (c) (e) A woman who is the mother of one 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: (d) 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 or partner because he or she is subject to a sentence of supervision, intensive supervision, or home detention and is subject to conditions (including post­detention conditions of a sentence of home detention) that pre­ vent him or her from undertaking employment: 102 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 27B (f) 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.
(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 (ii) Has attained the age of 18 years; and The applicant is caring for a dependent child or chil­ dren; 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 a requirement under section 60Q: comply with any other obligation arising under any of sections 60Q to 60S.

(2B) (2C) (3) (4) (5) (6) Sections 27A to 27H were inserted, as from 14 November 1973, by section 6(1) Social Security Amendment Act 1973 (1973 No 34).
Subsection (1)(a) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or civil union partner”.

Subsection (1)(a) was amended, as from 1 April 2007, by section 5 Social Se­ curity Amendment Act 2005 (2005 No 21) by substituting “spouse or partner” for “husband or civil union partner”.

See section 6 of that Act as to the transi­ tional provision regarding relationships in the nature of marriage.
Subsection (1)(b) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “a woman who is not married or in a civil union and” for “An unmarried woman”.

103 Part 1 s 27B Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (1)(b) was substituted, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21).
See section 6 of that Act as to the transitional provision regarding relationships in the nature of marriage.

Subsection (1)(c) was substituted, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).

Subsection (1)(d) was repealed, as from 9 February 1977, by section 5(1) Social Security Amendment Act 1976 (1976 No 40).
Subsection (1)(e) was amended, as from 1 September 1993, by section 2 Social Security Amendment Act (No 2) 1993 (1993 No 45) by inserting “or of his release, following imprisonment, to a habilitation centre (as deﬁned in section 2 of the Criminal Justice Act 1985)”.

Subsection (1)(e) was substituted, as from 30 June 2002, by section 125 Pa­ role Act 2002 (2002 No 10).

See clause 2 Parole Act Commencement Order 2002 (SR 2002/177).
Subsection (1)(e) was substituted, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).

Subsection (1)(e) was substituted, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21).

See section 6 of that Act as to the transitional provision regarding relationships in the nature of marriage.

Subsection (1)(e)(i) was amended, as from 1 June 2005, by section 206 Correc­ tions Act 2004 (2004 No 50) by substituting “prison” for “penal institution”.
See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

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

Section 27B(1)(e)(iii): added, on 1 October 2007, by section 58 of the Sentenc­ ing 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).
Subsection (1)(f) was substituted by section 11(1) Social Security Amendment Act 1987 (1987 No 106).

Subsection (2) was substituted by section 11(2) Social Security Amendment Act 1987 (1987 No 106).

Paragraph (a) was substituted by section 4(1)(a) Social Security Amendment Act (No 2) 1991 (1991 No 78).

Subsection (2) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
Subsection (2)(aa) was inserted, as from 2 July 2007, by section 10(2) Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

Subsection (2)(a)(i) was substituted, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).
Subsection (2)(c) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or his or her civil union partner” after “wife”.

104 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 27BA Subsection (2)(c) was substituted, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21).

See section 6 of that Act as to the transitional provision regarding relationships in the nature of marriage.
Subsections (2A) to (2C) were inserted, as from 1 April 1997, by section 6 Social Security Amendment Act 1996 (1996 No 20).

Subsection (2A) was substituted, as from 1 February 1999, by section 61 Social Security Amendment Act 1998 (1998 No 19).

Subsection (2A) was substituted, as from 10 March 2003, by section 7 Social Se­ curity (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Subsection (2B) was substituted, as from 1 October 1998, by section 21(1) So­ cial Security Amendment Act 1998 (1998 No 19).

Subsection (2B) was repealed, as from 10 March 2003, by section 7 Social Se­ curity (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Subsection (2C) was amended, as from 1 October 1998, by section 21(2) Social Security Amendment Act 1998 (1998 No 19) by substituting “an exemption from the work test” for “, under section 60HD of this Act, an exemption from complying with section 60HC of this Act”.

Subsection (2C) was repealed, as from 10 March 2003, by section 7 Social Se­ curity (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Subsection (3) was repealed, as from 9 February 1977, by section 5(3) Social Security Amendment Act 1976 (1976 No 40).

Subsection (4) was repealed, as from 23 December 1977, by section 5(3) Social Security Amendment Act (No 2) 1977 (1977 No 133).

Subsections (5) and (6) were repealed, as from 9 February 1977, by section 5(3) Social Security Amendment Act 1976 (1976 No 40).
As from 1 October 1998, the reference in this section to “Director­General” was replaced by a reference to chief executive, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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) 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) of this section shall be— (2) 105 Part 1 s 27BA Social Security Act 1964 Reprinted as at 19 December 2007 (a) (c) (b) The parent already receiving a domestic purposes bene­ ﬁt 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 day­to­day care for children.
This section shall apply only to a person who applies for a domestic purposes beneﬁt on or after the 1st day of October 1991, or where the Department was not notiﬁed before the 1st day of October 1991 that 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 1 of the parents during their marriage or civil union or de facto relationship.
Section 27BA was inserted by section 5(1) Social Security Amendment Act (No 2) 1991 (1991 No 78).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Subsection (3) was amended, as from 1 July 2005, by section 151 Care of Chil­ dren Act 2004 (2004 No 90) by substituting “under 1 or more orders made by a Court of competent jurisdiction, and about the role of providing day­to­day care for children” for “pursuant to a custody order or orders made by a Court of competent jurisdiction”.

Subsection (5) was substituted, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21).
Subsection (5)(b) was amended, as from 1 April 2007, by section 5 Social Se­ curity Amendment Act 2005 (2005 No 21) by adding “or de facto relationship”.

See section 6 of that Act as to the transitional provision regarding relationships in the nature of marriage.
(3) (4) (5) 106 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 27C 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 step­parent 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 person 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) Relative: this deﬁnition was amended, as from 13 January 1994, by the Gazette 13 January 1994 p 59 by substituting “child or stepchild over the age of 16 years” for “child or stepchild over the age of 15 years”.
relative: this deﬁnition was substituted, as from 26 April 2005, by section 3 So­ cial Security Amendment Act 2005 (2005 No 21).

relative: paragraphs (g) and (h) of this deﬁnition were amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by adding “or de facto relationship”.

See section 6 of that Act as to the transitional provision regarding relationships in the nature of marriage.
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 Woman alone: this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a civil union” after the word “married”.

Woman alone: this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by adding “or civil union partner”.
Woman alone: this deﬁnition was substituted, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21).

See section 6 of that Act as to the transitional provision regarding relationships in the nature of marriage.
107 Part 1 s 27C Social Security Act 1964 Reprinted as at 19 December 2007 (2) (3) Inserting any other class of relative: The Minister may from time to time, by notice in the Gazette, amend the deﬁnition of the term relative in subsection (1) of this section by— (a) (b) Omitting any class of relative— 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) She has had the care and control of one or more depend­ ent 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 one 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 relationship 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 full­time care and at­ tention of an incapacitated relative for not less than 5 years and ceased to have responsibility for the said rela­ tive 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.

(5) (6) 108 Sections 27A to 27H were inserted, as from 14 November 1973, by section 6(1) Social Security Amendment Act 1973 (1973 No 34).

Section 27C was inserted, as from 14 November 1973, by section 6(1) Social Security Amendment Act 1973 (1973 No 34).
Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 27C Subsection (3) was substituted, as from 23 December 1977, by section 6(1) So­ cial Security Amendment Act (No 2) 1977 (1977 No 133).

Subsection (3) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
Subsection (3)(b) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “during which she was married or in a civil union” for “of the duration of her marriage or marriages”.

Subsection (3)(b) was amended, as from 1 April 2007, by section 5 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting “or in a de facto rela­ tionship” after “union”.
See section 6 of that Act as to the transitional provision regarding relationships in the nature of marriage.

Subsection (3)(c) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “married or in a civil union” for “married”.

Subsection (3)(c) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting “or civil union partner” after “husband”.
Subsection (3)(c) was amended, as from 1 April 2007, by section 5 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting “or in a de facto rela­ tionship” after “union”.

See section 6 of that Act as to the transitional provision regarding relationships in the nature of marriage.

Subsection (3)(c) was amended, as from 1 April 2007, by section 5 Social Se­ curity Amendment Act 2005 (2005 No 21) by substituting “spouse or partner” for “husband or civil union partner”.
See section 6 of that Act as to the transi­ tional provision regarding relationships in the nature of marriage.

Subsection (4) was inserted, as from 1 April 1997, by section 7 Social Security Amendment Act 1996 (1996 No 20).

Subsection (4) was amended, as from 1 February 1999, by section 62 Social Security Amendment Act 1998 (1998 No 19) by substituting “full­time em­ ployment” for “part­time work” in both places where they appear.
Subsection (4) was substituted, as from 10 March 2003, by section 8 Social Se­ curity (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

Subsection (5) was inserted, as from 1 April 1997, by section 7 Social Security Amendment Act 1996 (1996 No 20).

Subsection (5) was substituted, as from 1 October 1998, by section 22(1) Social Security Amendment Act 1998 (1998 No 19).
Subsection (5) was repealed, as from 10 March 2003, by section 8 Social Se­ curity (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

Subsection (6) was inserted, as from 1 April 1997, by section 7 Social Security Amendment Act 1996 (1996 No 20).
Subsection (6) was amended, as from 1 October 1998, by section 22(2) Social Security Amendment Act 1998 (1998 No 19) by substituting “an exemption 109 Part 1 s 27D Social Security Act 1964 Reprinted as at 19 December 2007 from the work test” for “, under section 60HD of this Act, an exemption from complying with section 60HC of this Act”.

Subsection (6) was repealed, as from 10 March 2003, by section 8 Social Se­ curity (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.

Sections 27A to 27H were inserted, as from 14 November 1973, by section 6(1) Social Security Amendment Act 1973 (1973 No 34).
Subsections (1)(a), (1)(b) and (2)(a) were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or civil union partner” after “husband”.

Subsections (1)(a), (1)(b) and (2)(a) were amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by substituting “spouse or partner” for “husband or civil union partner”.

See section 6 of that Act as to the transitional provision regarding relationships in the nature of marriage.
Subsection (2)(d) was substituted, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).

Section 27D was substituted, as from 2 July 2007, by section 10(2) Social Se­ curity Amendment Act 2007 (2007 No 20).

See section 20 of that Act for tran­ sitional arrangements for ﬁnancially disadvantaged people.
27E Continuation of beneﬁt when beneﬁt ceases to be payable in respect of children [Repealed] Sections 27A to 27H were inserted, as from 14 November 1973, by section 6(1) Social Security Amendment Act 1973 (1973 No 34).

Section 27E was repealed, as from 1 April 1990, by section 37(2) Social Welfare (Transitional Provisions) 1990 (1990 No 26).
27F Special provisions as to maintenance [Repealed] Sections 27A to 27H were inserted, as from 14 November 1973, by section 6(1) Social Security Amendment Act 1973 (1973 No 34).

The words “District Court” were substituted for “Magistrate’s Court”, as from 1 April 1980, pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
110 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 27G The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).

Section 27F was repealed, as from 1 July 1992, by section 6(1) Social Security Amendment Act (No 5) 1991 (1991 No 143).
27G Domestic purposes beneﬁts for care at home of sick or (1) (2) 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 Children, 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 full­time 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 (3) 111 Part 1 s 27G Social Security Act 1964 Reprinted as at 19 December 2007 be nominated by the chief executive for the purpose, who shall determine whether the patient would, but for the full­time care and attention of the applicant, have to receive such services.
(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 full­time 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 of this Act.
(4A) (5) Sections 27A to 27H were inserted, as from 14 November 1973, by section 6(1) Social Security Amendment Act 1973 (1973 No 34).

Subsection (2) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
Subsection (2) was amended, as from 1 October 2002 by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93) by substituting “receive hospital care within the meaning of the Health and Disability Services (Safety) Act 2001” for “be admitted to hospital within the meaning of section 88 of this Act”.

See section 11 of that Act for transitional provisions.
Subsection (2) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by inserting “or civil union partner” after “wife”.

Subsection (2) was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by substituting “spouse or partner” for “husband or wife or civil union partner”.

See section 6 of that Act as to the transitional provision regarding relationships in the nature of marriage.
Subsection (2) was substituted, as from 2 July 2007, by section 7 Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

Subsection (2A) was inserted, as from 2 July 2007, by section 7 Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.
Subsection (3) was amended, as from 23 June 1987, pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106) by substituting “in the Director­General’s discretion” for “in its discretion”.

Subsection (3) was amended pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substi­ tuting “Director­General’s” for “chief executive’s”.
Subsection (3) was amended, as from 1 October 2002 by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93) by substituting “receive such services” for “be admitted to such a hospital” in both places that they occur.

See section 11 of that Act for transitional provisions.

112 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 27H Subsection (4A) was inserted, as from 1 April 1997, by section 8 Social Security Amendment Act 1996 (1996 No 20).
Subsection (5) was repealed, as from 1 April 1990, by section 37(2) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

The words “Director­General” were substituted, as from 23 June 1987, for sec­ tion “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

27H Rates of domestic purposes beneﬁts (1) Subject to the provisions of this Act and to section 70A of this Act, the rate of domestic purposes beneﬁt payable to any beneﬁciary under section 27B or section 27C of this Act shall be the appropriate rate speciﬁed in Schedule 16.
(2) (1A) (1B) Subject to the provisions of this Act, the rate of domestic pur­ poses beneﬁt payable to any beneﬁciary under section 27G of this Act shall be the appropriate rate speciﬁed in Schedule 17 to this Act.
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, of this Act ap­ plies, 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.
Sections 27A to 27H were inserted, as from 14 November 1973, by section 6(1) Social Security Amendment Act 1973 (1973 No 34).

Subsection (1) was substituted, and subsections (1A) and (1B) inserted, as from 23 June 1987, by section 12(1) Social Security Amendment Act 1987 (1987 No 106).

Subsection (1) was amended, as from 25 July 1990, by section 4(1) Social Se­ curity Amendment Act (No 2) 1990 (1990 No 74) by substituting “section 70A of this Act” for “subsection (1A) of this section”.
Subsection (1) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

113 Part 1 s 27I Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (1) was amended, as from 1 February 1999, by section 63 Social Security Amendment Act 1998 (1998 No 19) by substituting “Schedule 16” for “Schedule 16 to this Act”.
Subsection (1A) was repealed, as from 25 July 1990, by section 4(2) Social Security Amendment Act (No 2) 1990 (1990 No 74).

Subsection (1B) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Subsection (2) was amended by section 6(1)(a) and (b) Social Security Amend­ ment Act 1976 (1976 No 40) by omitting “paragraph (d),”, and by inserting “or section 27C”.
Subsection (2) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by inserting “or civil union partner” after “wife”.

Subsection (2) was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by substituting “spouse or partner” for “husband or wife or civil union partner”.

See section 6 of that Act as to the transitional provision regarding relationships in the nature of marriage.
The words “Director­General” in subsection (2) were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Contribution towards cost of domestic purposes beneﬁts for solo parents The heading “Contribution towards cost of domestic purposes beneﬁts for solo parents” was inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).

The heading “Contribution towards cost of domestic purposes beneﬁts for solo parents” was repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).
27I Interpretation [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).

Subsection (1) Beneﬁt: this deﬁnition was amended, as from 13 January 1982, by section 2 Social Security Amendment Act (No 2) 1982 (1982 No 154) by inserting the words “, otherwise than to an applicant to whom subsection (1)(e) of that subsection applies”.

Subsection (1) Beneﬁt: 14(2) Social Security Amendment Act 1986 (1986 No 39).
substituted, as from 1 October 1986, by section 114 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 27I Subsection (1) Beneﬁt: further substituted, as from 25 July 1990, by section 5(1) Social Security Amendment Act (No 2) 1990 (1990 No 74).

Subsection (1) Beneﬁt: paragraph (c)(iv) was substituted, and paragraph (d) was inserted, as from 1 August 1991, by section 6(1) Social Security Amendment Act (No 2) 1991 (1991 No 78).
Subsection (1) Child supplement: repealed, as from 1 October 1986, by section 14(3) Social Security Amendment Act 1986 (1986 No 39).

Subsection (1) Court: amended, as from 1 October 1981, by section 17(1) Fam­ ily Courts Act 1980 (1980 No 161) by inserting “or Family Court”.
Subsection (1) Dependent Child: substituted, as from 16 December 1983, by section 4(1) Social Security Amendment Act 1983 (1983 No 138) Subsection (1) Dependent Child: repealed, as from 1 October 1986, by section 6(2) Social Security Amendment Act 1986 (1986 No 39).

Subsection (1) Employer: 4(1) Social Security Amendment Act 1983 (1983 No 138).
inserted, as from 16 December 1983, by section Subsection (1) Employer: substituted, as from 12 December 1985, by section 3(1) Social Security Amendment Act (No 2) 1985 (1985 No 159).

Gross earnings: repealed, as from 1 October 1987, by section 13(1) Social Se­ curity Amendment Act 1987 (1987 No 106).

Subsection (1) Salary or wages: substituted, as from 12 December 1985, by section 3(2) Social Security Amendment Act (No 2) 1985 (1985 No 159).
Subsection (1A) was inserted, as from 23 June 1987, by section 13(2) Social Security Amendment Act 1987 (1987 No 106).

Subsection (2) was amended, as from 23 June 1987, by section 12(2) Social Security Amendment Act 1987 (1987 No 106) by inserting the words “section 27H and of”.

Subsection (2)(ba) was inserted, as from 23 June 1987, by section 13(3) Social Security Amendment Act 1987 (1987 No 106).
Subsection (2)(e) was substituted, as from 26 October 1988, by section 3(1) Social Security Amendment Act (No 2) 1988 (1988 No 147).

Subsection (5) was inserted, as from 16 December 1983, by section 4(2) Social Security Amendment Act 1983 (1983 No 138).

Subsection (5) was repealed, as from 1 April 1991, by section 4(1) Social Se­ curity Amendment Act 1991 (1991 No 1).

A new subsection (5) was inserted, as from 1 August 1991, by section 6(2) So­ cial Security Amendment Act (No 2) 1991 (1991 No 78).
Subsection (6) was inserted, as from 26 October 1988, by section 3(2) Social Security Amendment Act (No 2) 1988 (1988 No 147).

Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).
115 Part 1 s 27J Social Security Act 1964 Reprinted as at 19 December 2007 27J Maintenance order or agreement suspended while beneﬁt is paid [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).

Subsections (1) and (2) were amended, as from 13 January 1983, by section 3(a) Social Security Amendment Act (No 2) 1982 (1982 No 154) by omitting “registered”.
Subsection (1) was amended, as from 13 January 1983, by section 3(b) Social Security Amendment Act 1982 (No 2) (1982 No 154) by substituting “beneﬁ­ ciary or any child” for “beneﬁciary and any child”.

Subsection (1) was amended, as from 13 January 1983, by section 3(c) Social Security Amendment Act 1982 (No 2) (1982 No 154) by substituting “on” for “from”.

Subsection (1) was substituted, as from 12 December 1985, by section 4(1) Social Security Amendment Act (No 2) 1985 (1985 No 159).
Subsection (1) was substituted, as from 1 October 1987, by section 14(1) Social Security Amendment Act 1987 (1987 No 106).

Subsection (1) was amended, as from 25 July 1990, by section 6 Social Security Amendment Act (No 2) 1990 (1990 No 74) by substituting “beneﬁt” for “do­ mestic purposes beneﬁt under section 27B of this Act”.

Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).
27K Liable Parent to contribute towards cost of beneﬁt and child supplement [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).

Subsection (1) was substituted, as from 28 September 1982, by section 5(1) So­ cial Security Amendment Act 1982 (1982 No 16).

Subsection (1) was amended, as from, 16 December 1983, by section 5(1) Social Security Amendment Act 1983 (1983 No 138) by substituting “$15” for “$10”.
Subsection (1) was amended, as from 1 October 1987, by section 15(1) Social Security Amendment Act 1987 (1987 No 106) by substituting “$5” for “$15”.

Subsection (1) was amended, as from 25 July 1990, by section 7(1) Social Se­ curity Amendment Act (No 2) 1990 (1990 No 74) by substituting “$10” for “$5”.

Subsection (2) was amended, as from 16 December 1983, by section 5(2) Social Security Amendment Act 1983 (1983 No 138) by inserting “on the 28th day”.
Subsection (2A) was amended, as from 16 December 1983, by section 5(3) So­ cial Security Amendment Act 1983 (1983 No 138).

Subsection (5) was inserted, as from 26 October 1988, by section 4 Social Se­ curity Amendment Act (No 2) 1988 (1988 No 147).

116 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 27M Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).
27L Director­General to give liable parent notice of grant of beneﬁt [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).

Subsection (1) was substituted, as from 1 October 1987, by section 16(1) Social Security Amendment Act 1987 (1987 No 106).
Subsection (1) was amended, as from 25 July 1990, by section 8 Social Security Amendment Act (No 2) 1990 (1990 No 74) by substituting “of the grant of a beneﬁt” for “in the prescribed form of the grant of a domestic purposes beneﬁt under section 27B of this Act”.

Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).
27M Liable parent to notify Director General of gross earnings, etc [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).

Subsection (1) was amended, as from 1 October 1987, by section 17(1)(a) Social Security Amendment Act 1987 (1987 No 106) by substituting “total income” for “gross earnings”.

Subsection (2) was repealed, as from 1 October 1987, by section 17(1)(b) Social Security Amendment Act 1987 (1987 No 106).
Subsection (3) was amended, as from 1 October 1987, by section 17(1)(c) Social Security Amendment Act 1987 (1987 No 106) by omitting “or subsection (2)”.

Subsection (3) was amended, as from 1 October 1987, by section 17(1)(d) Social Security Amendment Act 1987 (1987 No 106) by substituting “weekly income” for “gross earnings”.

Subsection (4) was amended, as from 1 October 1987, by section 17(1)(e) Social Security Amendment Act 1987 (1987 No 106) by substituting “total annual income” for “gross earnings”.
Subsection (5) was amended, as from 1 October 1987, by section 17(1)(f) Social Security Amendment Act 1987 (1987 No 106) by omitting “subsection (2) or”.

Subsection (5) was amended, as from 1 October 1987, by section 17(1)(g) Social Security Amendment Act 1987 (1987 No 106) by substituting “total income” for “gross earnings”.

Subsection (5) was substituted, as from 26 October 1988, by section 4 Social Security Amendment Act (No 2) 1988 (1988 No 147).
Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).

117 Part 1 s 27N Social Security Act 1964 Reprinted as at 19 December 2007 27N Director­General to assess contribution and notify liable parent [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).
Subsection (1) was amended, as from 28 September 1982, by section 6 Social Security Amendment Act 1982 (1982 No 16) by inserting the words “section 27K of and”.

Subsection (1) was amended, as from 1 October 1987, by section 17(2) Social Security Amendment Act 1987 (1987 No 106) by substituting “weekly income” for “gross earnings”.

Subsection (1A) was inserted, as from 26 October 1988, by section 6(1) Social Security Amendment Act (No 2) 1988 (1988 No 147).
Subsection (2) was amended, as from 25 July 1990, by section 9(1) Social Se­ curity Amendment Act (No 2) 1990 (1990 No 74) by omitting “in the prescribed form”.

The proviso to subsection (2) was inserted, as from 26 October 1988, by section 6(2) Social Security Amendment Act (No 2) 1988 (1988 No 147).

27O Notice of objection [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).
Subsections (1) and (2) were substituted, as from 13 January 1983, by section 4(1) Social Security Amendment Act (No 2) 1982 (1982 No 154).

Subsection (2A) was inserted, as from 26 October 1988, by section 7 Social Security Amendment Act (No 2) 1988 (1988 No 147).

Subsection (3) was amended, as from 13 January 1983, by section 4(2) Social Security Amendment Act (No 2) 1982 (1982 No 154) by substituting “objector” for “liable parent”.
Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).

27P Grounds on which objection may be made [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).
Paragraph (b) was amended, as from 16 December 1983, by section 5 Social Security Amendment Act 1983 (1983 No 138) by substituting “Subject to sec­ tion 27I(5) of this Act, that, in respect of” for “That, in respect of”.

Paragraph (c) was amended, as from 1 October 1987, by section 17(3)(a) Social Security Amendment Act 1987 (1987 No 106) by substituting “weekly income” for “gross earnings”.
118 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 27R The proviso to paragraph (c) was repealed, as from 1 October 1987, by section 17(3)(b) Social Security Amendment Act 1987 (1987 No 106).
Paragraph (b)(iv) was amended, as from 13 January 1983, by section 4(1) So­ cial Security Amendment Act (No 2) 1982 (1982 No 154) by inserting the words “(not being or relating to the ﬁnancial ability of the objector to pay any contri­ bution ﬁxed by section 27K(1) of this Act or properly assessed in accordance with Schedule 12 to this Act)”.
The words “Director­General” in paragraph (c) were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Paragraph (d) was substituted, and paragraph (e) was repealed, as from 26 Oc­ tober 1988, by section 8(1) Social Security Amendment Act (No 2) 1988 (1988 No 147).

Paragraph (f) was amended, as from 1 October 1987, by section 29(7) Social Security Amendment Act 1987 (1987 No 106) by omitting “or clause 5”.
Paragraph (f) was repealed, as from 26 October 1988, by section 8(1) Social Security Amendment Act (No 2) 1988 (1988 No 147).

Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).

27Q Procedure to be followed where objection received [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).
The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).

27R Hearing of objection by Court [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).
Subsections (2), (3), (4) and (6) were amended, as from 13 January 1983, by section 4(3) Social Security Amendment Act (No 2) 1982 (1982 No 154) by substituting “objector” for “liable parent”.

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).
119 Part 1 s 27S Social Security Act 1964 Reprinted as at 19 December 2007 27S Findings of Court [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).

Subsection (2) was amended, as from 26 October 1988, by section 9(1) Social Security Amendment Act (No 2) 1988 (1988 No 147) by omitting “or, as the case may require, that the objector is not liable in law to maintain that child”.
Subsection (3) was amended, as from 1 October 1987, by substituting “weekly income” for “gross earnings”.

Subsection (4) was substituted, and subsections (5) and (6) were repealed, as from 26 October 1988, by section 9(2) Social Security Amendment Act (No 2) 1988 (1988 No 147).

Subsection (6) was amended, as from 1 October 1987, by section 29(8) Social Security Amendment Act 1987 (1987 No 106) by omitting “or clause 5”.
The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).

27T Appeal from decisions of Courts [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).
The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).

27U Proceedings not open to public [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).
Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).

27V Restriction of publication of reports [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).

Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).
120 Reprinted as at 19 December 2007 27W Costs Social Security Act 1964 Part 1 s 27Z [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).

Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).
27X Recovery of unpaid contributions [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).

Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).

27Y Deduction notices [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).

27Z Effect of deduction notices [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).

Subsection (1) was amended, as from 1 April 1981, by section 3(1) Social Se­ curity Amendment Act 1981 (1981 No 46) by substituting “27Y” for “27N”.
Subsection (2) was amended, as from 1 October 1987, by section 17 Social Security Amendment Act 1987 (1987 No 106) by substituting “10” for “5”.

Subsection (2A) was inserted, as from 26 October 1988, by section 10 Social Security Amendment Act (No 2) 1988 (1988 No 147).

Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).
Section 27Z(2A) (as saved by section 256(a) Child Support Act 1991 (1991 No 142)) was amended, as from 17 September 1997, by section 8 Social Security 121 Part 1 s 27ZA Social Security Act 1964 Reprinted as at 19 December 2007 Amendment Act (No 4) 1997 (1997 No 63) by substituting “equal to” for “not greater than”, and by inserting the words “, or the amount the Director­General assesses, having regard to all the liable parent’s ﬁnancial circumstances and commitments, the liable parent can reasonably afford to pay on a periodical basis, whichever is the greater”.
See the historic information below for the amended version of this section.

27ZA Liability of employer [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).

27ZB Protected earnings [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).
The reference to “section 4 of the Holidays Act 1981”, in subsection (2) was substituted, as from 1 February 1982, for a reference to “s 2 of the Annual Holidays Act 1944” pursuant to section 36(1) Holidays Act 1981 (1981 No 15).

Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).
27ZC Variation or discharge of deduction notice [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).

Subsection (1) was amended, as from 12 December 1985, by section Social Security Amendment Act (No 2) 1985 (1985 No 159) by substituting “employer or” for “employer of”.

Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).
27ZD Transaction fee [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).

122 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 27ZH Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).
27ZE Wrongful treatment of employee [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).

Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).

27ZF Extent to which deduction notices bind the Crown [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).
Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).

27ZG Relief in cases of serious hardship [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).

Subsection (2) was inserted, as from 25 July 1990, by section 10 Social Security Amendment Act (No 2) 1990 (1990 No 74).
The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).

27ZH Review of contributions [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).
The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).
123 Part 1 s 27ZI Social Security Act 1964 Reprinted as at 19 December 2007 27ZI Service of notices, etc, by Director­General [Repealed] Sections 27I to 27ZI were inserted, as from 1 April 1981, by section 7 Social Security Amendment Act 1980 (1980 No 157).

Subsection (1) was amended, as from 19 March 1990, by section 3(1) Social Security Amendment Act 1990 (1990 No 5) by substituting “prepaid” for “reg­ istered”.
Subsection (3) was amended, as from 19 March 1990, by section 3(2) Social Security Amendment Act 1990 (1990 No 5) by inserting the words “prepaid letter or”.

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Sections 27I to 27ZI were repealed, as from 1 July 1992, by section 7(1) Social Security Amendment (No 5) Act 1991 (1991 No 143).
Orphans’ beneﬁts 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) Each of the child’s natural or adoptive parents is dead, or cannot be found, or suffers a serious long­term 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 present in New Zealand for a continuous period of 12 months at any time.
(ii) (b) (c) (d) Subsection (1) was substituted, as from 20 October 1972, by section 8 Social Security Amendment Act 1972 (1972 No 133).

Subsection (3) was repealed, as from 1 January 1970, by section 12(2) Status of Children Act 1969 (1969 No 18).

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
28 124 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 29A The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).

Sections 28 and 29 were substituted, as from 1 October 1990, by section 11(1) Social Security Amendment Act (No 2) 1990 (1990 No 74).
Section 28 was substituted, as from 1 April 1991, by section 5 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 step­parent of the child; and Because of a breakdown in the child’s family, no nat­ ural parent, adoptive parent, or step­parent 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 present in New Zealand for a continuous period of 12 months at any time.
(ii) The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Sections 28 and 29 were substituted, as from 1 October 1990, by section 11(1) Social Security Amendment Act (No 2) 1990 (1990 No 74).

Section 29 was substituted, as from 1 April 1991, by section 5 Social Security Amendment Act 1991 (1991 No 1).
29A Rates of orphan’s beneﬁt and unsupported child’s beneﬁt 1The rate of the orphan’s beneﬁt and the rate of the unsup­ ported child’s beneﬁt payable in respect of any orphan or unsupported child shall in each case be ﬁxed by the 125 Part 1 s 30 Social Security Act 1964 Reprinted as at 19 December 2007 chief executive, but shall not in any case exceed the ap­ propriate rate speciﬁed in Schedule 4 to this Act.
Section 29A was inserted, as from 1 October 1990, by section 11(1) Social Security Amendment Act (No 2) 1990 (1990 No 74) As from 1 October 1998, the reference in this section to “Director­General” was replaced by a reference to “chief executive”, pursuant to section 11 Em­ ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Period for which orphan’s beneﬁt payable [Repealed] The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Section 30 was repealed, as from 1 April 1990, by section 37(2) 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.
Section 31 was amended, as from 23 June 1987, by section 2(3)(b) Social Se­ curity Amendment Act 1987 (1987 No 106) by substituting “Director­General” for “Commission”.
Section 31 was amended, as from 1 October 1990, by section 12(1) Social Se­ curity Amendment (No 2) Act 1990 (1990 No 74) by inserting the words “and every unsupported child’s beneﬁt” As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Family beneﬁts Family beneﬁts [Repealed] The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

30 31 32 126 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 36 33 34 35 36 The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).
Sections 32 to 39 were repealed, as from 1 April 1991, by section 7(1) Social Security Amendment Act 1991 (1991 No 1).

Residential qualiﬁcations for family beneﬁt [Repealed] The words “Director­General” in paragraph (c) were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Sections 32 to 39 were repealed, as from 1 April 1991, by section 7(1) Social Security Amendment Act 1991 (1991 No 1).
Rate of family beneﬁts [Repealed] Sections 32 to 39 were repealed, as from 1 April 1991, by section 7(1) Social Security Amendment Act 1991 (1991 No 1).

Period for which family beneﬁt payable [Repealed] Section 35 was substituted, as from 20 October 1972, by section 9 Social Se­ curity Amendment Act 1972 (1972 No 133).

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
Sections 32 to 39 were repealed, as from 1 April 1991, by section 7(1) Social Security Amendment Act 1991 (1991 No 1).

Advance payments of family beneﬁt [Repealed] Subsection (1)(b) was substituted, as from 3 December 1970, by section 2(1) Social Security Amendment Act (No 2) 1970 (1970 No 149).

Subsection (3) was inserted, as from 3 December 1970, by section 2(2) Social Security Amendment Act (No 2) 1970 (1970 No 149).
Subsection (3) was substituted, as from 14 November 1973, by section 7 Social Security Amendment Act 1973 (1973 No 34).

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).
127 Part 1 s 37 Social Security Act 1964 Reprinted as at 19 December 2007 37 38 39 Sections 32 to 39 were repealed, as from 1 April 1991, by section 7(1) Social Security Amendment Act 1991 (1991 No 1).

Person to whom family beneﬁt payable [Repealed] The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).

Sections 32 to 39 were repealed, as from 1 April 1991, by section 7(1) Social Security Amendment Act 1991 (1991 No 1).
Family beneﬁt to be expended for maintenance of children [Repealed] The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Sections 32 to 39 were repealed, as from 1 April 1991, by section 7(1) Social Security Amendment Act 1991 (1991 No 1).
Payment of family beneﬁt not to restrict right to maintenance, compensation, or damages [Repealed] Sections 32 to 39 were repealed, as from 1 April 1991, by section 7(1) Social Security Amendment Act 1991 (1991 No 1).

Child disability allowance This heading was substituted, as from 1 September 1998, by section 12(5) Social Security Amendment Act 1998 (1998 No 19).

The heading previously read “Handicapped Child’s Allowance”.
39A Child disability allowance (1) For the purposes of this section and of sections 39B to 39F of this Act, 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 128 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 39A (2) (3) (c) Is likely to need such care and attention permanently or for a period exceeding 12 months.
In determining for the purposes of subsection (1)(b) of this section whether a child with a serious disability needs constant care and attention the chief executive shall consider whether the child requires— (a) From another person, frequent attention in connection with his bodily functions; or (b) 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.
(c) Subject to the provisions of this section and of sections 39B to 39E of this Act, the chief executive may grant a child disability allowance in respect of a child with a serious disability being cared for— (a) In a private home that is the residence of the person 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) Sections 39A to 39F were inserted, as from 18 October 1978, by section 9(1) So­ cial Security Amendment Act 1978 (1978 No 58).

Subsection (1) was amended, as from 1 April 1991, by section 8 Social Security Amendment Act 1991 (1991 No 1) by substituting “dependent child” for “child in respect of whom a family beneﬁt or orphan’s beneﬁt is payable under this Part of this Act, or in respect of whom a war pension is payable under the War Pensions Act 1954, and”.
Subsections (1) to (3) were amended, as from 1 September 1998, by section 12(1) Social Security Amendment Act 1998 (1998 No 19) by substituting “child with a serious disability” for “seriously handicapped child”.

See section 12(3) of that Act as to every handicapped child’s allowance that was payable immediately before 1 September 1998 becoming, on that date, a child disability allowance under this section.
Subsection (3) was amended, as from 1 September 1998, by section 12(2) Social Security Amendment Act 1998 (1998 No 19) by substituting “child disability allowance” for “handicapped child’s allowance”.

See section 12(3) of that Act as to every handicapped child’s allowance that was payable immediately before 1 September 1998 becoming, on that date, a child disability allowance under this section (as amended by section 12).
129 Part 1 s 39B Social Security Act 1964 Reprinted as at 19 December 2007 The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
39B Rate of child disability allowance The rate of a child disability allowance granted under section 39A of this Act shall be the rate speciﬁed in Schedule 19 to this Act.

Sections 39A to 39F were inserted, as from 18 October 1978, by section 9(1) So­ cial Security Amendment Act 1978 (1978 No 58).

Section 39B was amended, as from 1 September 1998, by section 12(4)(a) So­ cial Security Amendment Act 1998 (1998 No 19) by substituting “child disabil­ ity allowance” for “handicapped child’s allowance”.
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 of this Act.
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.

Sections 39A to 39F were inserted, as from 18 October 1978, by section 9(1) So­ cial Security Amendment Act 1978 (1978 No 58).
Section 39C was amended, as from 1 September 1998, by section 12(4)(a) So­ cial Security Amendment Act 1998 (1998 No 19) by substituting “child dis­ ability allowance” for “handicapped child’s allowance”.

It was amended by section 12(4)(b) of that Act by substituting “child with a serious disability” for “seriously handicapped child”.

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
(2) 130 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 39E 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— (a) 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: (b) 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 sec­ tion 6 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 that is payable to the child.
(c) Sections 39A to 39F were inserted, as from 18 October 1978, by section 9(1) So­ cial Security Amendment Act 1978 (1978 No 58).

Paragraph (a) was amended, as from 1 April 1991, by section 9 Social Secur­ ity Amendment Act 1991 (1991 No 1) by substituting “an unsupported child’s beneﬁt” for “a family beneﬁt”.

Section 39D was amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
Section 39D was amended, as from 1 September 1998, by section 12(4)(a) So­ cial Security Amendment Act 1998 (1998 No 19) by substituting “child disabil­ ity allowance” for “handicapped child’s allowance”.
Paragraph (c) was amended, as from 1 July 1999, by section 415(1) Accident In­ surance Act 1998 (1998 No 114) by substituting “Weekly compensation within the meaning of section 13 of the Accident Insurance Act 1998” for “Earnings related compensation within the meaning of section 2 of the Accident Compen­ sation Act 1982”.

Paragraph (c) was substituted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).
See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance.

See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.

The Accident Compensation Act 1982 has been substituted for the repealed Accident Compensation Act 1972.
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 of this Act 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.
131 Part 1 s 39F Social Security Act 1964 Reprinted as at 19 December 2007 Sections 39A to 39F were inserted, as from 18 October 1978, by section 9(1) So­ cial Security Amendment Act 1978 (1978 No 58).

Subsection (2) was amended, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106) by substituting “Director­General” for “Commission”.
The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).

Section 39E was substituted, as from 1 April 1991, by section 10 Social Security Amendment Act 1991 (1991 No 1).

Section 39E was amended, as from 1 September 1998, by section 12(4)(a) So­ cial Security Amendment Act 1998 (1998 No 19) by substituting “child disabil­ ity allowance” for “handicapped child’s allowance”.
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Invalids’ beneﬁts The heading “Invalids’ beneﬁts” was repealed, as from 1 September 1998, by section 13 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 (b) Are totally blind.
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.

Sections 39A to 39F were inserted, as from 18 October 1978, by section 9(1) So­ cial Security Amendment Act 1978 (1978 No 58).
Section 39F was repealed, as from 1 October 1986, by section 10(1) Social Security Amendment Act 1986 (1986 No 39).

A new section 39F was inserted, as from 1 September 1998, by section 13 Social Security Amendment Act 1998 (1998 No 19).
(2) 132 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 40 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) (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 self­inﬂicted 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 was substituted by section 10 Social Security Amendment Act 1972 (1972 No 133).

Section 40 was amended by section 7 Social Security Amendment Act 1976 (1976 No 40) by omitting “and who is not qualiﬁed to receive an age beneﬁt”.

133 Part 1 s 41 Social Security Act 1964 Reprinted as at 19 December 2007 The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
Section 40 was amended, as from 1 August 1991, by section 7(1) Social Security Amendment Act (No 2) 1991 (1991 No 78) by substituting “16” for “15”.

Section 40 was amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Section 40 was substituted, and the preceding heading “Invalids’ beneﬁts” was repealed, as from 1 September 1998, by section 13 Social Security Amendment Act 1998 (1998 No 19).
Subsection (1AA) was inserted, as from 2 July 2007, by section 10(2) Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

Subsection (3A) was inserted, as from 1 July 2004, by section 5(2) Social Se­ curity (Working for Families) Amendment Act 2004 (2004 No 51).

See sections 23 to 25 of that Act as to the transitional provisions.
Section 40(6): added, on 24 September 2007, by section 30(4) of the Social Security Amendment Act 2007 (2007 No 20).

41 Residential qualiﬁcations for invalids’ beneﬁts [Repealed] Subsection (1) was substituted by section 11 Social Security Amendment Act 1972 (1972 No 133).

Subsection (2) was amended by section 8 Social Security Amendment Act 1976 (1976 No 40) by inserting the words “or guide­dog”.
The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 41 was repealed, as from 2 July 2007, by section 10(2) Social Security Amendment Act 2007 (2007 No 20).
See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

42 (1) 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 to this Act.
(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 long­term 134 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 42 (b) residential care in a hospital or rest home because he or she has a psychiatric, intellectual, physical, or sensory disability,— (a) The rate of invalid’s beneﬁt payable to the person re­ ceiving those services is one­half of the appropriate rate speciﬁed 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 long­term 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 was amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Subsection (2) was inserted, as from 1 July 1995, by section 9(1) Social Security Amendment Act (No 4) 1997 (1997 No 63).
Subsection (2) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by substituting “person who is married or in a civil union” for “married person”.
Subsection (2) was amended, as from 1 July 2005, by section 13(1) Social Se­ curity (Long­term Residential Care) Amendment Act 2004 (2004 No 101) by substituting “(other than a person who has been means assessed under Part 4) is receiving long­term residential care in a hospital or rest home” for “(other than a person whose ﬁnancial means have been assessed under section 69F) is receiving residential care disability services”.

See sections 7 to 11 of that Act for the transitional provisions.
Subsection (2) was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.

Subsection (2)(b) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “single” for “un­ married”.
Subsection (2)(b) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse” in each place it appears.
Subsection (2)(b) was amended, as from 1 July 2005, by section 13(1) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101) by substituting “(being a spouse or partner who is not receiving long­term resi­ dential care in a hospital or rest home)” for “(being a spouse or partner who is not receiving residential care disability services)”.

See sections 7 to 11 of that Act for the transitional provisions.
135 Part 1 s 42A Social Security Act 1964 Reprinted as at 19 December 2007 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 work­test 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 work­tested spouse or partner, must comply with the work test.

Section 42A was inserted, as from 1 February 1999, by section 64 Social Se­ curity Amendment Act 1998 (1998 No 19).
The heading to section 42 was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse” in each place it appears.

Subsections (1) and (2)(b) were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse” in each place it appears.
Section 42A(2): substituted, on 24 September 2007, by section 26 of the Social Security Amendment Act 2007 (2007 No 20).
43 Subsidy on earnings of blind beneﬁciaries In addition to the beneﬁt computed as provided in section 42 of this Act, 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 allowance equal to 25% of his average earnings for the year: Provided that an allowance shall not be granted under this section 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 Schedule 6 to this Act.
Compare: 1938 No 7 s 35; 1964 No 37 s 12(1) The proviso was amended, as from 1 April 1991, by section 11(1) Social Secur­ ity Amendment Act 1991 (1991 No 1) by omitting “(other than a family beneﬁt and an additional beneﬁt for a dependent child or children)”.
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 136 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 44A 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.
Compare: 1938 No 7 s 38 Section 44 was amended, as from 20 October 1972, by section 13 Social Secur­ ity Amendment Act 1972 (1972 No 133) by substituting “and severely restricted in his capacity” for “incapacitated”.

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).

Section 44 was substituted, as from 1 September 1998, by section 14 Social Security Amendment Act 1998 (1998 No 19).
44A Beneﬁciary receiving invalid’s beneﬁt may establish (1) (2) 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 137 Part 1 s 45 Social Security Act 1964 Reprinted as at 19 December 2007 (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.

(3) (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 was inserted, as from 1 July 2004, by section 5(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

See sections 23 to 25 of that Act as to the transitional provisions.

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] The words “Director­General” were substituted for “Commission”, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Section 46 was amended, as from 23 June 1987, pursuant to section 2(3)(d) So­ cial Security Amendment Act 1987 (1987 No 106) by substituting “in the Dir­ ector­General’s discretion” for “in its discretion”.
Section 46 was repealed, as from 1 September 1998, by section 14 Social Se­ curity Amendment Act 1998 (1998 No 19).

Work capacity assessment The heading “Work Capacity Assessment” was inserted, as from 1 September 1998, by section 15(1) Social Security Amendment Act 1998 (1998 No 19).

The heading “Miner’s Beneﬁts” immediately following section 46 was repealed by section 15(2) of that Act.
The heading “Work Capacity Assessment” was repealed, as from 8 March 2001, by section 4(1) Social Security Amendment Act 2001 (2001 No 1).

45 46 138 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 50 47 48 49 50 Procedure for assessment of capacity for work [Repealed] The words “Director­General” were substituted for “Commission”, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
Sections 47 to 53 were repealed, as from 30 June 1993, by section 5(1) Social Security Amendment Act (No 3) 1993 (1993 No 57).

New sections 47 to 51 were inserted, as from 1 September 1998, by section 15(1) Social Security Amendment Act 1998 (1998 No 19).
Subsections (1) to (3), (6) and (7) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive of the Department of Social Welfare” for “Director­General of Social Welfare”.

Subsection (7) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive of that Department” for “Director­General”.
Sections 47 to 51, and the heading “Work Capacity Assessment” preceding section 47, were repealed, as from 8 March 2001, by section 4(1) Social Security Amendment Act 2001 (2001 No 1).

Assessment of capacity for work [Repealed] Sections 47 to 53 were repealed, as from 30 June 1993, by section 5(1) Social Security Amendment Act (No 3) 1993 (1993 No 57).

New sections 47 to 51 were inserted, as from 1 September 1998, by section 15(1) Social Security Amendment Act 1998 (1998 No 19).
Sections 47 to 51 were repealed, as from 8 March 2001, by section 4(1) Social Security Amendment Act 2001 (2001 No 1).

Content of assessment [Repealed] Sections 47 to 53 were repealed, as from 30 June 1993, by section 5(1) Social Security Amendment Act (No 3) 1993 (1993 No 57).

New sections 47 to 51 were inserted, as from 1 September 1998, by section 15(1) Social Security Amendment Act 1998 (1998 No 19).
Sections 47 to 51 were repealed, as from 8 March 2001, by section 4(1) Social Security Amendment Act 2001 (2001 No 1).

Effect of assessment [Repealed] The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
139 Part 1 s 51 Social Security Act 1964 Reprinted as at 19 December 2007 Sections 47 to 53 were repealed, as from 30 June 1993, by section 5(1) Social Security Amendment Act (No 3) 1993 (1993 No 57).

New sections 47 to 51 were inserted, as from 1 September 1998, by section 15(1) Social Security Amendment Act 1998 (1998 No 19).

Sections 47 to 51 were repealed, as from 8 March 2001, by section 4(1) Social Security Amendment Act 2001 (2001 No 1).
51 52 Reassessment [Repealed] The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Sections 47 to 53 were repealed, as from 30 June 1993, by section 5(1) Social Security Amendment Act (No 3) 1993 (1993 No 57).

New sections 47 to 51 were inserted, as from 1 September 1998, by section 15(1) Social Security Amendment Act 1998 (1998 No 19).
Sections 47 to 51 were repealed, as from 8 March 2001, by section 4(1) Social Security Amendment Act 2001 (2001 No 1).

Funeral grant on death of miner [Repealed] The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Sections 47 to 53 were repealed, as from 30 June 1993, by section 5(1) Social Security Amendment Act (No 3) 1993 (1993 No 57).
53 Miners’ widows’ beneﬁts [Repealed] The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Sections 47 to 53 were repealed, as from 30 June 1993, by section 5(1) Social Security Amendment Act (No 3) 1993 (1993 No 57).

Appeals The heading “Appeals” was inserted, as from 1 October 1986, by section 13 So­ cial Security Amendment Act 1986 (1986 No 39).
53A Right of appeal on medical grounds (1) If— 140 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 53A (a) 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 of this Act, or if any such allowance is cancelled on those grounds; or (b) Any claim for an invalid’s beneﬁt is declined on med­ ical grounds or any such beneﬁt is cancelled on medical grounds; or (ba) 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 (bb) (c) (d) (e) (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 appli­ cant’s mental or physical inﬁrmity, is declined, or any such pension is cancelled on those grounds— 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 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) of this section, the chief executive shall be bound by the decision of the Ap­ peal Board.
141 Part 1 s 53A Social Security Act 1964 Reprinted as at 19 December 2007 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 was inserted, as from 1 October 1986, by section 13 Social Security Amendment Act 1986 (1986 No 39).
Section 53A was amended, as from 23 June 1987, by section 2(3)(b) Social Se­ curity Amendment Act 1987 (1987 No 106) by substituting “Director­General of Social Welfare” for “Social Security Commission”.
Subsection (1) was amended, as from 17 September 1997, by section 10(1)(d) Social Security Amendment Act (No 4) 1997 (1997 No 63) by inserting the words “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 expiration of that period of 3 months”.
Subsection (1) was amended, as from 17 September 1997, by section 10(1)(e) Social Security Amendment Act (No 4) 1997 (1997 No 63) by substituting “2 medical practitioners and a rehabilitation professional” for “3 medical practitioners”.

Subsection (1) was amended by section 16(2) Social Security Amendment Act 1998 by omitting “of 2 medical practitioners and a rehabilitation professional, to be appointed for that purpose by the Director­General”.
Subsection (1)(a) was amended, as from 1 September 1998, by section 12(4)(a) Social Security Amendment Act 1998 (1998 No 19) by substituting “child disability allowance” for “handicapped child’s allowance”.

Subsection (1)(a) was amended by section 12(4)(b) Social Security Amendment Act 1998 by substituting “child with a serious disability” for “seriously handi­ capped child”.
Subsection (1)(ba) was inserted, as from 17 September 1997, by section 10(1)(a) Social Security Amendment Act (No 4) 1997 (1997 No 63).

Subsection (1)(ba) was substituted, as from 1 October 1998, by section 23 Social Security Amendment Act 1998 (1998 No 19).
Subsection (1)(ba) was amended, as from 1 July 2001, by section 15(1)(b) and (2) Social Security Amendment Act 2001 (2001 No 1) by substituting “sickness beneﬁt” for “community wage on the grounds of sickness, injury, or disabil­ ity”, and by substituting “person’s sickness beneﬁt” for “person’s community wage”.

Subsection (1)(bb) was inserted, as from 1 September 1998, by section 16(1) So­ cial Security Amendment Act 1998 (1998 No 19).
Subsection (1)(bb) was repealed, as from 8 March 2001, by section 4(2) Social Security Amendment Act 2001 (2001 No 1).

(3) 142 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 54 Subsection (1)(c) was repealed, as from 30 June 1993, by section 5(3)(b) Social Security Amendment Act (No 3) 1993 (1993 No 57).

Subsection (1)(d) was inserted, as from 30 June 1993, by section 6(1) Social Security Amendment Act (No 3) 1993 (1993 No 57).
Subsection (1)(d) was amended, as from 17 September 1997, by section 10(1)(b) Social Security Amendment Act (No 4) 1997 (1997 No 63) by substituting “Act; or” for “Act—”.

Subsection (1)(d) was repealed, as from 17 November 2000, by section 7(2) Housing Restructuring (Income­Related Rents) Amendment Act 2000 (2000 No 22).

See clause 2 Housing Restructuring (Income­Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).
Section 53A(1)(da): inserted, on 24 September 2007, by section 30(4) of the Social Security Amendment Act 2007 (2007 No 20).

Subsection (1)(e) was inserted, as from 17 September 1997, by section 10(1)(c) Social Security Amendment Act (No 4) 1997 (1997 No 63).

Subsection (1)(e) was amended, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18) by substituting “section 70 of the War Pensions Act 1954” for “section 8 of the Social Welfare (Transitional Provisions) Act 1990”.
Subsection (1A) was inserted, as from 1 September 1998, by section 16(3) So­ cial Security Amendment Act 1998 (1998 No 19).

Subsection (3) was inserted, as from 17 September 1997, by section 10(2) Social Security Amendment Act (No 4) 1997 (1997 No 63).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Subsection (3) was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
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 full­time 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 full­time 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) 143 Part 1 s 54 Social Security Act 1964 Reprinted as at 19 December 2007 (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 ﬁrst­mentioned person.

(6) (7) 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.
Subsection (1) was amended by section 14(a) Social Security Amendment Act 1972 (1972 No 133) by substituting “who has attained the age of 15 years” for “over the age of 16 years”.

This was amended, as from 1 August 1991, by section 8(1) Social Security Amendment Act (No 2)) 1991 (1991 No 78) by substituting “16” for “15”.

Subsection (1) was substituted, as from 1 January 1998, by section 2(1) Social Security Amendment Act (No 3) 1997 (1997 No 23).
See section 2(3) of that Act for the transitional provisions.

Subsection (1) was amended, as from 1 July 1998, by section 2(4) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “Act” for “Part”.

It was amended by section 3(1) of that Act by substituting “2 years” for “12 months”.

See section 3(2) of that Act as to nothing in section 3(2) affecting a sickness beneﬁciary’s beneﬁt entitlement, if that person was receiving a sick­ ness beneﬁt immediately before 1 July 1998.
The words “Director­General” were substituted for “Commission”, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Subsection (3) was repealed by section 7 Social Security Amendment Act 1975 (1975 No 123).

Sections 54 to 56 were repealed, as from 1 October 1998, by section 24(1) Social Security Amendment Act 1998 (1998 No 19).
144 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 54A A new section 54 was inserted, as from 1 July 2001, by section 14 Social Se­ curity Amendment Act 2001 (2001 No 1).

Subsection (2)(b) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a civil union” after “married”.
Subsection (2)(b) was amended, as from 1 April 2007, by section 5 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting “or in a de facto rela­ tionship” after “union”.

Subsection (3) was substituted, as from 2 July 2007, by section 10(2) Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

Section 54(7): added, on 24 September 2007, by section 30(4) of the Social Security Amendment Act 2007 (2007 No 20).
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) 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 was inserted, as from 10 October 1975, by section 8 Social Security Amendment Act 1975 (1975 No 123).

Subsection (3 was amended, as from 27 July 1977, by section 10(1) Social Se­ curity Amendment Act 1978 (1978 No 58) by substituting “(f)” for “(e)”.

Subsection (5) was added, as from 23 December 1977, by section 11 Social Security Amendment Act (No 2) 1977 (1977 No 133).

Section 54A was repealed, as from 1 January 1984, by section 8(1) Social Se­ curity Amendment Act 1983 (1983 No 138).
A new section 54A was inserted, as from 1 July 2001, by section 14 Social Security Amendment Act 2001 (2001 No 1).

145 Part 1 s 54B Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (1)(c) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
Subsection (2)(a) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “single” for “un­ married”.
54B Sickness beneﬁt: medical examinations (1) A person who applies for a sickness beneﬁt must include in 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).
(c) (2) (3) 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 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.
(b) (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.

Sections 54B to 54F were inserted, as from 1 July 2001, by section 14 Social Security Amendment Act 2001 (2001 No 1).
146 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 54D Subsection (1)(b) and (c) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting “registered”.

See sections 178 to 227 of that Act as to the transitional provisions.

54C Sickness beneﬁt: payment [Repealed] Sections 54B to 54F were inserted, as from 1 July 2001, by section 14 Social Security Amendment Act 2001 (2001 No 1).
Section 54C was repealed, as from 2 July 2007, by section 13(2) Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

(2) 54D Rates of sickness beneﬁt (1) A sickness beneﬁt must be paid to a sickness beneﬁciary at the appropriate rate in Schedule 9, unless subsection (2) applies.
The appropriate rate in Schedule 8 that was payable imme­ diately before 1 July 1998 must, until the appropriate rate in Schedule 9 is equal to or greater than that rate, be paid to a person who— (a) (b) (c) was a sickness beneﬁciary immediately before 1 July 1998; and continued to receive that beneﬁt until it was changed to a community wage; and continued to receive the community wage on the grounds of sickness, injury, or disability until the com­ munity wage was changed to a sickness beneﬁt; and has continued since then to receive a sickness beneﬁt.
(3) (d) 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 147 Part 1 s 54E Social Security Act 1964 Reprinted as at 19 December 2007 (b) a strike, either by himself or herself, or by fellow mem­ bers of the same union at the same place of employment.
Sections 54B to 54F were inserted, as from 1 July 2001, by section 14 Social Security Amendment Act 2001 (2001 No 1).

Subsections (3) and (4) were amended, as from 26 April 2005, by section 3 So­ cial Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
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 work­test 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 work­tested spouse or partner, must comply with the work test.
Section 54E: substituted, on 24 September 2007, by section 27 of the Social Security Amendment Act 2007 (2007 No 20).

Sections 54B to 54F were inserted, as from 1 July 2001, by section 14 Social Security Amendment Act 2001 (2001 No 1).

The heading to section 54E was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
Section 54E was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse” in both places it appears.
54F Transfer from community wage to sickness beneﬁt 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 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.
(1) 148 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 55 (2) On 1 July 2001, in relation to a person to whom this section (3) (4) 55 applies,— (a) (b) (c) (b) For the avoidance of doubt, (2) does not affect— (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 any sanctions to which the person was subject under any of former sections 115, 116, or 118 cease to apply.
the operation of subsection 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) In this section, former section means a section of this Act as it was before 1 July 2001.
Sections 54B to 54F were inserted, as from 1 July 2001, by section 14 Social Security Amendment Act 2001 (2001 No 1).

Rates of sickness beneﬁts [Repealed] Compare: 1938 No 7 s 46; 1945 No 11 s 23; 1958 No 46 s 19; 1960 No 13 s 16(1); 1961 No 6 s 6(3); 1964 No 37 s 15(1) Subsection (1) was amended, as from 1 August 1991, by section 9 Social Secur­ ity Amendment Act (No 2) 1991 (1991 No 78) by repealing the second proviso.
Subsection (1) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

It was amended by section 4(1) of that Act by substituting “Schedule 9” for “Schedule 8 to this Act”.

Subsection (2) was amended by section 11(1) Social Security Amendment Act 1978 (1978 No 58) by substituting “spouse” for “wife”.
Subsection (2) was amended, as from 1 July 1998, by section 4(2) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “Schedule 9” for “Schedule 8 to this Act”.

Subsection (3) was inserted, as from 1 July 1998, by section 4(3) Social Security Amendment Act 1998 (1998 No 19).

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
149 Part 1 s 56 Social Security Act 1964 Reprinted as at 19 December 2007 The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).

Sections 54 to 56 were repealed, as from 1 October 1998, by section 24(1) Social Security Amendment Act 1998 (1998 No 19).
56 Medical examination of applicants for sickness beneﬁts [Repealed] Compare: 1938 No 7 s 48 Subsection (1) was amended by section 15 Social Security Amendment Act 1972 (1972 No 133) by inserting the words “, or the certiﬁcate of a registered dentist in respect of any condition within the ambit of his profession,”.

Subsection (1) was substituted, as from 30 June 1993, by section 7 Social Se­ curity Amendment Act (No 3) 1993 (1993 No 57).
The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Sections 54 to 56 were repealed, as from 1 October 1998, by section 24(1) Social Security Amendment Act 1998 (1998 No 19).

57 Period for which sickness beneﬁt payable [Repealed] Section 57 was substituted, as from 20 October 1972, by section 16 Social Se­ curity Amendment Act 1972 (1972 No 133).
The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).
Section 57 was repealed, as from 1 March 1991, by section 12(1) Social Security Amendment Act 1991 (1991 No 1) Unemployment beneﬁts 58 Unemployment beneﬁts [Repealed] Compare: 1938 No 7 s 51 Subsection (1) was amended, as from 11 October 1978, by section 12(1) Social Security Amendment Act 1978 (1978 No 58) by substituting the proviso.
The words “Director­General” in subsection (1) were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
150 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 59 Subsection (1) was amended, as from 1 December 1990, by section 14(1) Social Security Amendment Act (No 2) 1990 (1990 No 74) by substituting “over the age of 16 years” for “of or over the age of 18 years or who is of or over the age of 16 years and is married with a dependent child or dependent children”.
Subsection (1) was amended, as from 1 January 1998, by section 3(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by substituting “of or over the age of 25 years” for “of or over the age of 18 years or who is of or over the age of 16 years and is married with a dependent child or dependent children”.

See section 3(4) of that Act for the transitional provisions.
Subsection (1) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Subsection (1)(b) was substituted, as from 1 October 1989, by section 31(1) Fi­ nance Act 1989 (1989 No 13).

Subsection (1)(d) was amended, as from 1 July 1998, by section 5(1) Social Security Amendment Act 1998 (1998 No 19) by substituting “not less than 2 years” for “not less than 12 months”.
See section 5(2) of that Act as to people receiving the unemployment beneﬁt immediately before 1 July 1998.

Subsection (1A) was inserted, as from 11 October 1978, by section 12(2) Social Security Amendment Act 1978 (1978 No 58).
Subsection (1A) was repealed, as from 1 March 1991, by section 13(1) Social Security Amendment Act 1991 (1991 No 1) Subsection (2) was repealed by section 9 Social Security Amendment Act 1975 (1975 No 123) A new subsection (2) was inserted, as from 1 April 1997, by section 9 Social Security Amendment Act 1996 (1996 No 20).

Subsections (3) and (4) were inserted, as from 1 January 1998, by section 3(2) Social Security Amendment Act (No 3) 1997 (1997 No 23).
See section 3(4) of that Act for the transitional provisions.

Subsection (3) was amended, as from 1 July 1998, by section 2(4) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “Act” for “Part”.

Sections 58 to 60C were repealed, as from 1 October 1998, by section 25(1) So­ cial Security Amendment Act 1998 (1998 No 19).
59 Rates of unemployment beneﬁts [Repealed] Compare: 1938 No 7 ss 52, 53; 1945 No 11 ss 25, 26; 1964 No 37 s 16(1) Subsection (1) was amended, as from 1 April 1991, by section 14 Social Secur­ ity Amendment Act 1991 (1991 No 1) by substituting “Except as provided in section 60L of this Act, the” for “The”.

Subsections (1A) to (1C) were inserted, as from 1 April 1997, by section 10 Social Security Amendment Act 1996 (1996 No 20).
Subsection (2) was amended, as from 1 October 1979, by section 6(1) Social Se­ curity Amendment Act 1979 (1979 No 14) by substituting “spouse” for “wife”.

151 Part 1 s 59A Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (3) was inserted, as from 1 November 1976, by section 10(1) Social Security Amendment Act 1976 (1976 No 40).
Subsections (4) and (5) were inserted, as from 23 March 1989, by section 32 Fi­ nance Act 1989 (1989 No 13) and repealed, as from 1 December 1990, by sec­ tion 15(1) Social Security Amendment Act (No 2) 1990 (1990 No 74).

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).

Sections 58 to 60C were repealed, as from 1 October 1998, by section 25(1) So­ cial Security Amendment Act 1998 (1998 No 19).

59A Mandatory interview or work test for spouse [Repealed] Section 59A was inserted, as from 1 April 1997, by section 11 Social Security Amendment Act 1996 (1996 No 20).
Sections 58 to 60C were repealed, as from 1 October 1998, by section 25(1) So­ cial Security Amendment Act 1998 (1998 No 19).

Young job seekers’ allowances The heading “Young Job Seekers’ Allowances” was inserted, as from 1 January 1998, by section 4 Social Security Amendment Act (No 3) 1997 (1997 No 23).

59B Young job seekers’ allowances [Repealed] Sections 59B to 59E were inserted, as from 1 January 1998, by section 4 Social Security Amendment Act (No 3) 1997 (1997 No 23).
Subsection (1) was amended, as from 1 July 1998, by section 2(4) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “Act” for “Part”.

Subsection (1)(g) was amended, as from 1 July 1998, by section 6(1) Social Security Amendment Act 1998 (1998 No 19) by substituting “2 years” for “12 months”.
See section 6(2) of that Act as to nothing in section 6(1) affecting a young job seeker’s allowance entitlement if that person was receiving the young job seeker’s allowance immediately before 1 July 1998.

Sections 58 to 60C were repealed, as from 1 October 1998, by section 25(1) So­ cial Security Amendment Act 1998 (1998 No 19).
59C Rates of young job seekers’ allowances [Repealed] Sections 59B to 59E were inserted, as from 1 January 1998, by section 4 Social Security Amendment Act (No 3) 1997 (1997 No 23).

152 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 60A Sections 58 to 60C were repealed, as from 1 October 1998, by section 25(1) So­ cial Security Amendment Act 1998 (1998 No 19).
59D Spouse of young job seeker’s allowance recipient [Repealed] Sections 59B to 59E were inserted, as from 1 January 1998, by section 4 Social Security Amendment Act (No 3) 1997 (1997 No 23).

Sections 58 to 60C were repealed, as from 1 October 1998, by section 25(1) So­ cial Security Amendment Act 1998 (1998 No 19).
59E Period for which young job seeker’s allowance payable [Repealed] Sections 59B to 59E were inserted, as from 1 January 1998, by section 4 Social Security Amendment Act (No 3) 1997 (1997 No 23).

Sections 58 to 60C were repealed, as from 1 October 1998, by section 25(1) So­ cial Security Amendment Act 1998 (1998 No 19).
60 Young job seeker’s allowances Commencement of unemployment beneﬁt, etc [Repealed] Paragraph (3)(d) was inserted, as from 20 October 1972, by section 18 Social Security Amendment Act 1972 (1972 No 133).

This amending Act also inserted the expression “; or” in paragraph (c).

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).

Section 60 was substituted, as from 1 March 1991, by section 15(1) Social Se­ curity Amendment Act 1991 (1991 No 1).

Subsection (3) was amended, as from 1 August 1991, by section 10 Social Se­ curity Amendment (No 2) Act 1991 (1991 No 78) by substituting “section 60J, section 60N, or section 80B” for “or section 60J”.
Section 60 was repealed, as from 1 April 1997, by section 12 Social Security Amendment Act 1996 (1996 No 20).

60A Training beneﬁts: purpose Training beneﬁts [Repealed] Sections 60A to 60C were inserted, as from 1 October 1989, by section 33(1) Fi­ nance Act 1989 (1989 No 13).

153 Part 1 s 60AA Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (2) was inserted, as from 1 April 1997, by section 13 Social Security Amendment Act 1996 (1996 No 20).
Section 60A was substituted, and section 60AA was inserted, as from 1 January 1998, by section 11(1) Social Security Amendment Act (No 4) 1997 (1997 No 63).

See section 11(2) of that Act as to entitlement to a training beneﬁt.

Sections 58 to 60C were repealed, as from 1 October 1998, by section 25(1) So­ cial Security Amendment Act 1998 (1998 No 19).
60AA Training beneﬁts: qualiﬁcations [Repealed] Section 60A was substituted, and section 60AA was inserted, as from 1 January 1998, by section 11(1) Social Security Amendment Act (No 4) 1997 (1997 No 63).

See section 11(2) of that Act as to entitlement to a training beneﬁt.

Subsection (2)(c) was amended, as from 1 July 1998, by section 7(1) Social Security Amendment Act 1998 (1998 No 19) by substituting “2 years” for “12 months”.
See section 7(2) of that Act as to nothing in 7(1) affecting a training beneﬁciary’s beneﬁt entitlement if that person was receiving the training beneﬁt immediately before 1 July 1998.

Sections 58 to 60C were repealed, as from 1 October 1998, by section 25(1) So­ cial Security Amendment Act 1998 (1998 No 19).

60B Rates of training beneﬁts [Repealed] Sections 60A to 60C were inserted, as from 1 October 1989, by section 33(1) Fi­ nance Act 1989 (1989 No 13).
Subsection (2) was repealed, as from 1 July 1996, by section 2(1) Social Secur­ ity Amendment Act (No 3) 1996 (1996 No 49).

See section 2(4) of that Act as to the savings provisions.

Subsections (3) and (4) were repealed, as from 1 January 1998, by section 6 So­ cial Security Amendment Act (No 3) 1997 (1997 No 23).

Sections 58 to 60C were repealed, as from 1 October 1998, by section 25(1) So­ cial Security Amendment Act 1998 (1998 No 19).
60C Period for which training beneﬁt payable [Repealed] Sections 60A to 60C were inserted, as from 1 October 1989, by section 33(1) Fi­ nance Act 1989 (1989 No 13).

Subsection (1) was amended, as from 17 September 1997, by section 12 Social Security Amendment Act (No 4) 1997 (1997 No 63) by substituting “A person is not entitled to receive a training beneﬁt until his or her employment (if any) has ceased; and, unless” for “Unless”.
Subsection (1) was amended, as from 1 January 1998, by section 11(3) Social Security Amendment Act (No 4) 1997 (1997 No 63) by substituting “section 154 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 60F 60AA” for “section 60A of this Act”.

See section 11(2) of that Act as to en­ titlement to a training beneﬁt.

Sections 58 to 60C were repealed, as from 1 October 1998, by section 25(1) So­ cial Security Amendment Act 1998 (1998 No 19).
60D Job search allowance [Repealed] Sections 60D to 60G were inserted, as from 1 October 1989, by section 17(1) Social Security Amendment Act (No 2) 1990 (1990 No 74).

Subsection (2A) was inserted, as from 1 April 1997, by section 14 Social Se­ curity Amendment Act 1996 (1996 No 20).

Sections 60D and 60E were repealed, as from 1 January 1998, by section 7(1) Social Security Amendment Act (No 3) 1997 (1997 No 23).

See section 7(2) of that Act for the transitional provisions.
60E Rates of job search allowance [Repealed] Sections 60D to 60G were inserted, as from 1 October 1989, by section 17(1) Social Security Amendment Act (No 2) 1990 (1990 No 74).

Sections 60D and 60E were repealed, as from 1 January 1998, by section 7(1) Social Security Amendment Act (No 3) 1997 (1997 No 23).

See section 7(2) of that Act for the transitional provisions.
60F Independent youth beneﬁts: basic qualiﬁcations (1) 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 1 of the situations described in subsections (3) to (d) (6).
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 155 (2) (3) Part 1 s 60F Social Security Act 1964 Reprinted as at 19 December 2007 (b) Is capable of undertaking suitable employment and is willing to do so; and [Repealed] Is not a full­time 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 full­time 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 full­time in an employment­related training programme 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.

Sections 60D to 60G were inserted, as from 1 October 1989, by section 17(1) Social Security Amendment Act (No 2) 1990 (1990 No 74).

Subsection (1)(c)(iii) was substituted, as from 30 June 1993, by section 8 Social Security Amendment Act (No 3) 1993 (1993 No 57).

Subsection (2A) was inserted, as from 1 April 1997, by section 15 Social Se­ curity Amendment Act 1996 (1996 No 20).
Section 60F was substituted, as from 1 January 1998, by section 13(1) Social Security Amendment Act (No 4) 1997 (1997 No 63).

See section 13(2) of that Act as to the entitlement to an independent youth beneﬁt of a person who was receiving the beneﬁt immediately before 1 January 1998.

The substitution of this section replaced the changes proposed by section 8(1) to (3) Social Security Amendment Act (No 3) 1997 (1997 No 23).
Subsection (1) was substituted, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21).

Subsection (1) was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.

Subsection (2)(c) was amended, as from 1 July 1998, by section 8(1) Social Security Amendment Act 1998 (1998 No 19) by substituting “2 years” for “12 months”.
See section 8(2) of that Act as to nothing in section 8(1) affecting an independent youth beneﬁciary’s beneﬁt entitlement if that person was receiving the independent youth beneﬁt immediately before 1 July 1998.

Subsection (2)(c) was substituted, as from 2 July 2007, by section 10(2) Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.
Subsection (3) was substituted, as from 1 October 1998, by section 26(1) Social Security Amendment Act 1998 (1998 No 19).

(4) (5) (6) 156 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 60FA Subsection (3)(a) was amended, as from 1 July 2001, by section 16 Social Secur­ ity Amendment Act 2001 (2001 No 1) by substituting “union” for “employees organisation”.

Section 60F(3)(c): repealed, on 24 September 2007, by section 28(2) of the Social Security Amendment Act 2007 (2007 No 20).
Subsection (6) was substituted, as from 1 October 1998, by section 26(2) Social Security Amendment Act 1998 (1998 No 19).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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 (a) (b) He or she is in the following situation, established to the satisfaction of the chief executive: He or she is not living with his or her parents; and (i) (ii) He or she is not being ﬁnancially supported by his or her parents or any other person; and (iii) 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).
(2) The reasons are— (a) Because there has been a breakdown in the person’s relationship 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) (ii) (iii) an agreement made under section 140 of the Children, Young Persons, and Their Families Act 1989; or an order under section 78, 101, or 283(n) of that Act; or a sole guardianship order under section 110 of that Act; or Any other good and sufﬁcient reason.
(c) In this section, parents— (3) 157 Part 1 s 60FB Social Security Act 1964 Reprinted as at 19 December 2007 (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 (b) Does not include the chief executive of the Department of Child, Youth and Family Services acting in his or her ofﬁcial capacity.

Sections 60FA to 60FD were inserted, as from 1 January 1998, by section 13(1) Social Security Amendment Act (No 4) 1997 (1997 No 63).
See sec­ tion 13(2) of that Act as to the entitlement to an independent youth beneﬁt of a person who was receiving the beneﬁt immediately before 1 January 1998.

The heading to section 60FA was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “single” for “unmarried”.

Subsection (1) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by substituting “A single” for “An unmarried”.
Subsection (2)(ba) was inserted, as from 2 July 2007, by section 8 Social Se­ curity Amendment Act 2007 (2007 No 20).

See section 20 of that Act for tran­ sitional arrangements for ﬁnancially disadvantaged people.

Subsection (3)(b) was amended, as from 1 July 2001, by section 17 Social Se­ curity Amendment Act 2001 (2001 No 1) by inserting “of the Department of Child, Youth and Family Services” after “chief executive”.
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment 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.
Sections 60FA to 60FD were inserted, as from 1 January 1998, by section 13(1) Social Security Amendment Act (No 4) 1997 (1997 No 63).

See sec­ tion 13(2) of that Act as to the entitlement to an independent youth beneﬁt of a person who was receiving the beneﬁt immediately before 1 January 1998.

The heading to section 60FB was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “persons who are married or in civil union” for “married persons”.
Section 60FB was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “person who is married or in a civil union” for “married person”.

Section 60FB was substituted, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21).
158 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 60FD 60FC Independent youth beneﬁts: persons enrolled in full­time course of secondary instruction (1) A person enrolled in a full­time course of secondary instruc­ tion is not entitled to an independent youth beneﬁt if— (a) 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.
(b) (2) A person— (a) (b) Entitled to receive an independent youth beneﬁt; and Enrolled in a full­time 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 (b) Does not include the chief executive of the Department of Child, Youth and Family Services acting in his or her ofﬁcial capacity.

Sections 60FA to 60FD were inserted, as from 1 January 1998, by section 13(1) Social Security Amendment Act (No 4) 1997 (1997 No 63).
See sec­ tion 13(2) of that Act as to the entitlement to an independent youth beneﬁt of a person who was receiving the beneﬁt immediately before 1 January 1998.

Subsection (3)(b) was amended, as from 1 July 2001, by section 18 Social Se­ curity Amendment Act 2001 (2001 No 1) by inserting, after the words “chief executive”, the words “of the Department of Child, Youth and Family Ser­ vices”.
As from 1 October 1998, a reference in this section to “Director­General” were replaced by a reference to “chief executive”, pursuant to section 11 Employ­ ment 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 159 Part 1 s 60G Social Security Act 1964 Reprinted as at 19 December 2007 the references in those provisions to “sickness beneﬁt” were references to “independent youth beneﬁt”.
Sections 60FA to 60FD were inserted, as from 1 January 1998, by section 13(1) Social Security Amendment Act (No 4) 1997 (1997 No 63).

See sec­ tion 13(2) of that Act as to the entitlement to an independent youth beneﬁt of a person who was receiving the beneﬁt immediately before 1 January 1998.

Section 60FD was substituted, as from 1 October 1998, by section 27 Social Security Amendment Act 1998 (1998 No 19).
Section 60FD was amended, as from 1 July 2001, by section 15(4) Social Se­ curity Amendment Act 2001 (2001 No 1) by substituting “Section 54B(1) to (3)” for “Sections 92(1) to (3) and 97(3)”.

Section 60FD was amended, as from 1 July 2001, by section 15(5) Social Se­ curity Amendment Act 2001 (2001 No 1) by substituting “sickness beneﬁt” for “community wage”.
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 to this Act.

Sections 60D to 60G were inserted, as from 1 October 1989, by section 17(1) Social Security Amendment Act (No 2) 1990 (1990 No 74).

60GAA Period for which independent youth beneﬁt payable (1) An independent youth beneﬁt is paid in respect of a 5­day (2) working week.
The days of the week to be included in the working week of a person granted an independent youth beneﬁt are determined by the chief executive after consultation with the beneﬁciary, but must not include— (a) a Saturday except with the agreement of the beneﬁciary; or a Sunday.

(b) Section 60GAA was inserted, as from 26 September 2002, by section 9 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
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— 160 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 60GAB (a) (b) 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 the person has previ­ ously agreed in writing to undertake; or to be available for, and take reasonable steps to obtain, full­time employment, to the satisfaction of the chief executive.
(3) 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 one approved activity (being an educational, training, or develop­ mental activity) for at least 3 hours a week.

(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 ment­related 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 work­focused activities; or 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) (b) (c) (d) (e) work­focused activity means any of the following (a) attending and participating in an employment­related 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: (b) 161 Part 1 s 60GAC Social Security Act 1964 Reprinted as at 19 December 2007 (c) (d) (e) attending and participating in employment­related 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 self­assessment or planning required by the chief executive.
Section 60GAB: inserted, on 24 September 2007, by section 28(1) of the Social Security Amendment Act 2007 (2007 No 20).
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.
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 The heading “Further Conditions of Beneﬁts” was inserted, as from 1 April 1997, by section 16 Social Security Amendment Act 1996 (1996 No 20).

60GA Purposes of sections 60H to 60M [Repealed] Section 60GA was inserted, as from 1 April 1997, by section 16 Social Security Amendment Act 1996 (1996 No 20).
Paragraph (b)(ii) was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting the words “or a young job seeker’s allowance”.

Paragraph (b)(ii) was substituted, as from 1 October 1998, by section 28 Social Security Amendment Act 1998 (1998 No 19).

Section 60GA was repealed, as from 1 October 1998, by section 8 Social Se­ curity (Work Test) Amendment Act 1998 (1998 No 94).
See section 10(4) of that Act as to persons subject to sanction immediately before 1 October 1998.
162 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 60H 60H Voluntary unemployment or loss of employment through (1) (2) misconduct, etc In this section, unless the context otherwise requires,— Beneﬁt means a work­tested beneﬁt Employment means,— (a) In the case of an applicant for a work­tested beneﬁt,— (i) (ii) Full­time employment; or Part­time employment if the chief executive is satisﬁed that, for a period of not less than 13 weeks preceding the termination of the employ­ ment, the income from that employment was suf­ ﬁcient to maintain the person; or (b) (c) In the case of a part­time work­tested beneﬁciary, regu­ lar part­time work; and In the case of any other work­tested beneﬁciary, full­ time employment.
Employment: paragraph (b) was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by substituting “young job seeker’s allowance” for “job search allowance”.

Employment: this deﬁnition was substituted, as from 1 October 1998, by section 29(1)(a) Social Security Amendment Act 1998 (1998 No 19).
this deﬁnition was repealed, as from 1 October 1998, by section Employment: paragraph (c) of this deﬁnition was substituted, as from 1 July 2001, by section 15(6) Social Security Amendment Act 2001 (2001 No 1).

Rate of the beneﬁt[Repealed] Rate of the beneﬁt: this deﬁnition was repealed, as from 1 October 1998, by section 4(1) Social Security (Work Test) Amendment Act 1998 (1998 No 94).

[Repealed] Regular[Repealed] Regular: 29(1)(b) Social Security Amendment Act 1998 (1998 No 19).
[Repealed] Scheme means a Government­assisted scheme that the chief executive considers analogous to a beneﬁt As from 1 October 1998, a reference in this section to “Director­General” were replaced by a reference to “chief executive”, pursuant to section 11 Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Unemployed means resigning from or otherwise leaving em­ ployment, other than by dismissal.
This section applies to a person who is— 163 Part 1 s 60H Social Security Act 1964 Reprinted as at 19 December 2007 (a) A person who is an applicant for a beneﬁt if, on the grant of the beneﬁt, he or she would be a work­tested beneﬁciary; or (b) 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 work­tested spouse or partner; or A work­tested beneﬁciary.
(c) This section applies if the chief executive is satisﬁed that a person referred to in subsection (2) of this section— (a) Has voluntarily become unemployed without good and sufﬁcient reason; or (b) 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 (c) (d) Has ceased to be part of a scheme by reason of any misconduct.
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 work­tested beneﬁt during the period of 13 weeks commencing on— (a) (b) The date the person’s employment ceased; or The date the person’s participation in the scheme ceased.

Subsection (4) is subject to subsection (6) and to sections 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) of this section 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 (b) (3) (4) (5) (6) 164 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 60HA (ii) The chief executive, in his or her discretion, so directs.
(7) Any amount that the chief executive directs to be repayable under subsection (6)(b) of this section may be recovered from the person under section 86(1) of this Act.

Sections 60H to 60L were inserted, as from 1 March 1991, by section 16 Social Security Amendment Act 1991 (1991 No 1).

Section 60H was substituted, as from 1 April 1997, by section 17 Social Secur­ ity Amendment Act 1996 (1996 No 20).

See section 21 of that Act as to the transitional provisions.
Subsection (2)(c) was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting the words “or a young job seeker’s allowance”.

Subsection (2) was substituted, as from 1 October 1998, by section 29(2) Social Security Amendment Act 1998 (1998 No 19).
Subsection (2)(b) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse” in both places it appears.

Subsections (4) and (5) were substituted, as from 1 October 1998, by section 4(2) Social Security (Work Test) Amendment Act 1998 (1998 No 94).

See sec­ tion 10 Social Security (Work Test) Amendment Act 1998 (1998 No 94) as to the transitional provisions.
Subsection (7) was amended, as from 26 September 2002, by section 10 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28) by substituting “86(1)” for “86(1A)”.

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
60HA Work preparation exercise (1) The chief executive may request a person to whom this section applies— (a) To participate in one mandatory interview each year until the person is required to comply with the work test; and To participate in one activity under subsection (2)(b), but only in the year before the date that the person’s youngest dependent child attains the particular age giv­ ing rise to an obligation on that person to comply with the work test.
(b) (2) A work preparation exercise is either or both of the following: 165 Part 1 s 60HB Social Security Act 1964 Reprinted as at 19 December 2007 (3) (4) (5) (a) A mandatory interview by or on behalf of the chief ex­ ecutive: (b) An activity, set by the chief executive, for the purpose of preparing a person for employment.

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.

Sections 60HA to 60HF were inserted, as from 1 April 1997, by section 18 Social Security Amendment Act 1996 (1996 No 20).
Subsection (1)(a)(ii) was amended, as from 1 January 1998, by section 10(1) So­ cial Security Amendment Act (No 3) 1997 (1997 No 23) by inserting the words “or young job seeker’s allowance”.

Subsection (1)(a)(ii) was amended, as from 1 October 1998, by section 30(1) Social Security Amendment Act 1998 (1998 No 19) by substituting “a community wage” for “an unemployment beneﬁt or a young job seekers’ allowance”.
Subsection (2) was substituted, as from 1 October 1998, by section 5 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Subsection (4) was inserted, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23).

Subsection (4) was repealed, as from 1 October 1998, by section 30(2) Social Security Amendment Act 1998 (1998 No 19).
As from 1 October 1998, all references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 60HA was substituted, as from 1 February 1999, by section 65(1) Social Security Amendment Act 1998 (1998 No 19).

See section 78 of that Act as to the various application dates of this amendment.
60HB Effect of failure to attend or participate in mandatory interview [Repealed] Sections 60HA to 60HF were inserted, as from 1 April 1997, by section 18 Social Security Amendment Act 1996 (1996 No 20).

Section 60HB was substituted, as from 1 October 1998, by section 31 Social Security Amendment Act 1998 (1998 No 19).
166 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 60HD Section 60HB was repealed, as from 1 October 1998, by section 8 Social Se­ curity (Work Test) Amendment Act 1998 (1998 No 94).

See section 10(4) of that Act as to persons subject to sanction immediately before 1 October 1998.

60HC Beneﬁciaries to be work­tested [Repealed] Sections 60HA to 60HF were inserted, as from 1 April 1997, by section 18 Social Security Amendment Act 1996 (1996 No 20).
Subsection (3) was repealed, as from 1 October 1998, by section 32(1) Social Security Amendment Act 1998 (1998 No 19).

Subsection (5) was amended, as from 1 October 1998, by section 32(2) Social Security Amendment Act 1998 (1998 No 19) by substituting “Subsection (4) does not apply” for “Subsections (3) and (4) of this section do not apply”.

Subsections (6), (8) and (9) were repealed, as from 1 October 1998, by section 32(3) Social Security Amendment Act 1998 (1998 No 19).
Section 60HC was repealed, as from 1 October 1998, by section 8 Social Se­ curity (Work Test) Amendment Act 1998 (1998 No 94).

See section 10(4) of that Act as to persons subject to sanction immediately before 1 October 1998.

60HCA General duty of Director­General to ensure that work­tested beneﬁciaries aware of obligations [Repealed] Section 60HCA was inserted, as from 1 July 1997, by section 2 Social Security Amendment Act (No 2) 1997 (1997 No 22).
Section 60HCA was repealed, as from 1 October 1998, by section 33(1) Social Security Amendment Act 1998 (1998 No 19).

60HD Power of Director­General to grant exemption from mandatory interview or work test [Repealed] Sections 60HA to 60HF were inserted, as from 1 April 1997, by section 18 Social Security Amendment Act 1996 (1996 No 20).
Subsection (1)(b) was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting the words “or a young job seeker’s allowance”.

Subsection (1)(b) was amended, as from 1 October 1998, by section 34(1) Social Security Amendment Act 1998 (1998 No 19) by substituting “a community wage” for “an unemployment beneﬁt or a young job seekers’ allowance”.
Subsection (2) was substituted, as from 1 October 1998, by section 34(2) Social Security Amendment Act 1998 (1998 No 19).

Subsection (3) was amended, as from 1 October 1998, by section 34(3) Social Security Amendment Act 1998 (1998 No 19) by inserting after the words “sub­ section (1)”, the words “or subsection (2)”.
167 Part 1 s 60HE Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (4) was repealed, as from 1 October 1998, by section 34(4) Social Security Amendment Act 1998 (1998 No 19).

Sections 60HD to 60KA were repealed, as from 1 October 1998, by section 8 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

See section 10(4) of that Act as to persons subject to sanction immediately before 1 October 1998.
60HE Persons exempted from mandatory interview or work test to notify change of circumstances [Repealed] Sections 60HA to 60HF were inserted, as from 1 April 1997, by section 18 Social Security Amendment Act 1996 (1996 No 20).

Subsection (1) was substituted, as from 1 October 1998, by section 32(4) Social Security Amendment Act 1998 (1998 No 19).

Sections 60HD to 60KA were repealed, as from 1 October 1998, by section 8 Social Security (Work Test) Amendment Act 1998 (1998 No 94).
See section 10(4) of that Act as to persons subject to sanction immediately before 1 October 1998.

60HF Delay of work test obligation for existing beneﬁciaries [Repealed] Sections 60HA to 60HF were inserted, as from 1 April 1997, by section 18 Social Security Amendment Act 1996 (1996 No 20).

Section 60HF was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting the words “or young job seeker’s allowance”.
Section 60HF was substituted, as from 1 October 1998, by section 35 Social Security Amendment Act 1998 (1998 No 19).

Sections 60HD to 60KA were repealed, as from 1 October 1998, by section 8 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

See section 10(4) of that Act as to persons subject to sanction immediately before 1 October 1998.
60I Effect of redundancy payments, etc, on entitlement to beneﬁts [Repealed] Sections 60H to 60L were inserted, as from 1 March 1991, by section 16 Social Security Amendment Act 1991 (1991 No 1).

Subsection (1) was repealed by section 11(1) Social Security Amendment Act (No 2) 1991 (1991 No 78).

Subsection (2) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “Part KD of the Income Tax Act 1994” for “Part 9A of the Income Tax Act 1976”.
168 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 60JA Subsection (3) was repealed by section 11(1) Social Security Amendment Act (No 2) 1991 (1991 No 78).

Sections 60HD to 60KA were repealed, as from 1 October 1998, by section 8 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

See section 10(4) of that Act as to persons subject to sanction immediately before 1 October 1998.
60J Failure to comply with work test [Repealed] Sections 60H to 60L were inserted, as from 1 March 1991, by section 16 Social Security Amendment Act 1991 (1991 No 1).

Section 60J was substituted and sections 60JA to 60JC were inserted, as from 1 April 1997, by section 20 Social Security Amendment Act 1996 (1996 No 20).

See section 21 of that Act as to the transitional provisions.
Subsection (2)(a)(ii) was amended, as from 1 October 1998, by section 36(1) Social Security Amendment Act 1998 (1998 No 19) by substituting “Undertake, participate satisfactorily in, or” for “Undertakes or”.

Subsection (3)(d) was repealed, as from 1 October 1998, by 40(2)(a) Social Security Amendment Act 1998 (1998 No 19).

Subsection (5) was repealed, as from 1 October 1998, by 40(2)(b) Social Secur­ ity Amendment Act 1998 (1998 No 19).
Subsection (6) was repealed, as from 1 October 1998, by section 36(2) Social Security Amendment Act 1998 (1998 No 19).

Sections 60HD to 60KA were repealed, as from 1 October 1998, by section 8 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

See section 10(4) of that Act as to persons subject to sanction immediately before 1 October 1998.
60JA Penalty for failure to attend or participate in mandatory interview or comply with work test [Repealed] Section 60J was substituted and sections 60JA to 60JC were inserted, as from 1 April 1997, by section 20 Social Security Amendment Act 1996 (1996 No 20).

See section 21 of that Act as to the transitional provisions.

Subsection (4) was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting the words “or a young job seeker’s allowance”.
Subsection (4) was amended, as from 1 October 1998, by section 37(1) Social Security Amendment Act 1998 (1998 No 19) by substituting “a community wage” for “an unemployment beneﬁt or a young job seeker’s allowance”.

Subsection (5)(b) was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting the words “or a young job seeker’s allowance”.
Subsection (5)(b) was substituted, as from 1 October 1998, by section 37(2) So­ cial Security Amendment Act 1998 (1998 No 19).

169 Part 1 s 60JB Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (10) beneﬁt: this deﬁnition was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting the words “or a young job seeker’s allowance”.
Subsection (10) Beneﬁt: this deﬁnition was amended, as from 1 October 1998, by section 37(3) Social Security Amendment Act 1998 (1998 No 19) by sub­ stituting “a community wage” for “an unemployment beneﬁt or a young job seeker’s allowance”.

Sections 60HD to 60KA were repealed, as from 1 October 1998, by section 8 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

See section 10(4) of that Act as to persons subject to sanction immediately before 1 October 1998.
60JB Effect of recompliance with mandatory interview or work test [Repealed] Section 60J was substituted and sections 60JA to 60JC were inserted, as from 1 April 1997, by section 20 Social Security Amendment Act 1996 (1996 No 20).

See section 21 of that Act as to the transitional provisions.

Sections 60HD to 60KA were repealed, as from 1 October 1998, by section 8 Social Security (Work Test) Amendment Act 1998 (1998 No 94).
See section 10(4) of that Act as to persons subject to sanction immediately before 1 October 1998.

60JC Reduction of beneﬁt or non­entitlement period to end if person ceases to be subject to mandatory interview or work­testing [Repealed] Section 60J was substituted and sections 60JA to 60JC were inserted, as from 1 April 1997, by section 20 Social Security Amendment Act 1996 (1996 No 20).

See section 21 of that Act as to the transitional provisions.
Subsection (1)(b) was amended, as from 1 October 1998, by section 18(12)(a) Social Security Amendment Act 1998 (1998 No 19) by substituting “paragraphs (b), (c), or (d)” for “paragraph (b)”.

Subsection (1)(c) was amended, as from 1 October 1998, by section 18(12)(b) Social Security Amendment Act 1998 (1998 No 19) by substituting “those paragraphs” for “that paragraph”.

Sections 60HD to 60KA were repealed, as from 1 October 1998, by section 8 Social Security (Work Test) Amendment Act 1998 (1998 No 94).
See section 10(4) of that Act as to persons subject to sanction immediately before 1 October 1998.

170 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 60L 60K Effect of undertaking employment [Repealed] Sections 60H to 60L were inserted, as from 1 March 1991, by section 16 Social Security Amendment Act 1991 (1991 No 1).

Section 60K was substituted, as from 1 April 1997, by section 22 Social Security Amendment Act 1996 (1996 No 20).
See section 21(2) of that Act as to the transitional provisions.

Sections 60HD to 60KA were repealed, as from 1 October 1998, by section 8 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

See section 10(4) of that Act as to persons subject to sanction immediately before 1 October 1998.

60KA Effect of participation in approved activities [Repealed] Section 60KA was inserted, as from 1 April 1992, by section 3 Social Security Amendment Act 1992 (1992 No 15).
Section 60KA was substituted, as from 1 April 1997, by section 23 Social Se­ curity Amendment Act 1996 (1996 No 20).

See section 21(2) of that Act as to the transitional provisions.

Section 60KA was substituted, as from 1 October 1998, by section 38(1) Social Security Amendment Act 1998 (1998 No 19).

See section 38(2) of that Act as to community task force projects or training programmes commenced before 1 October 1998 becoming activities for the purposes of the new section 60KA.
Sections 60HD to 60KA were repealed, as from 1 October 1998, by section 8 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

See section 10(3) of that Act as to section 60KA continuing to apply to persons referred to in section 10(2) of that Act.

60L Effect of sections 60H to 60J and section 60N on entitlement to supplementary beneﬁts and on spouses [Repealed] Sections 60H to 60L were inserted, as from 1 March 1991, by section 16 Social Security Amendment Act 1991 (1991 No 1).
Section 60L was substituted, as from 1 April 1997, by section 24 Social Security Amendment Act 1996 (1996 No 20).

See section 21(3) of that Act as to the transitional provisions.

Section 60L (before paragraph (a) and after paragraph (b)) was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting the words “or a young job seeker’s allowance”.
Paragraph (b) was substituted, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23).

Section 60L was repealed, as from 1 October 1998, by 39 Social Security Amendment Act 1998 (1998 No 19).

See section 38(2) of that Act as to activities commenced before 1 October 1998 under the former section 60KA, becoming activities for the purposes of the new section 60KA.
171 Part 1 s 60M Social Security Act 1964 Reprinted as at 19 December 2007 60M Community task force scheme [Repealed] Sections 60M and 60N were inserted, as from 1 August 1991, by section 15 So­ cial Security Amendment Act (No 2) 1991 (1991 No 78).

Subsection (1)(a) was amended, as from 1 July 1996, by section 25(1) Social Security Amendment Act 1996 (1996 No 20) by substituting “13” for “26”.
Subsection (1) was substituted and subsection (1A) was inserted, as from 1 April 1997, by section 26(1) Social Security Amendment Act 1996 (1996 No 20).

Subsection (1)(a)(i) was amended, as from 1 January 1998, by section 10(1) So­ cial Security Amendment Act (No 3) 1997 (1997 No 23) by inserting the words “or a young job seeker’s allowance”.
Subsection (2) was amended, as from 1 July 1995, by section 27(1) Social Se­ curity Amendment Act 1996 (1996 No 20) by substituting “the amount set out in clause 6 of Schedule 9 to this Act” for “$15 a week”.

Section 60M was repealed, as from 1 October 1998, by 40(1) Social Security Amendment Act 1998 (1998 No 19).
60N Effect of failure to participate in community task force project [Repealed] Sections 60M and 60N were inserted, as from 1 August 1991, by section 15 So­ cial Security Amendment Act (No 2) 1991 (1991 No 78).

Section 60N was repealed, as from 1 April 1997, by section 28 Social Security Amendment Act 1996 (1996 No 20).

See section 21 of that Act as to the tran­ sitional provisions.
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) personal development and employment plan or plan means a plan that— (a) to assist the beneﬁciary to move towards employ­ ment; and has goals— (i) 172 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 60P (ii) designed to support the economic and social par­ ticipation of the beneﬁciary who developed it: (b) (c) (d) sets out a plan of action designed to meet the goals re­ ferred to in paragraph (a), including the activities that will be undertaken by the beneﬁciary to facilitate the achievement of those goals: includes a statement of the information the department will provide to assist the beneﬁciary to do 1 or more of the following: (i) (ii) achieve the goals referred to in paragraph (a): improve his or her capabilities (including em­ ployment capabilities): obtain employment: (iii) includes, if agreed to by the chief executive, a statement of the assistance that the department will provide to as­ sist the beneﬁciary to do 1 or more of the things de­ scribed in paragraph (c)(i) to (iii).
Sections 60O to 60Z were inserted, as from 10 March 2003, by section 11 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
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 and widows’ beneﬁciaries, and the spouses and partners (other than work­tested spouses or partners) of emergency, invalids’, sickness, and unemployment beneﬁciaries, into ongoing employment as their parent­ ing responsibilities and individual circumstances allow: to facilitate the movement of invalids’ beneﬁciaries and sickness beneﬁciaries into employment as their disabil­ ity­related or medical conditions, and circumstances, al­ low: 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) Sections 60O to 60Z were inserted, as from 10 March 2003, by section 11 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

173 Part 1 s 60Q Social Security Act 1964 Reprinted as at 19 December 2007 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).
60Q Personal development and employment plans (1) The chief executive may, from time to time, require a person to whom this section applies— (a) to attend and participate in one or more interviews with the chief executive for any or all of the following pur­ poses: (i) identifying the matters referred to in subsection (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: (ii) (iii) (ab) (b) (c) (ca) (cb) (d) to undertake planning for personal development and employment: to develop, in co­operation with and with the assistance of the chief executive, a personal development and em­ ployment plan for the person based on the matters re­ ferred to in subsection (2): to co­operate with the chief executive in the conduct of any review of the person’s personal development and employment plan under section 60S: to undertake a work­related activity or programme in­ cluded in the person’s personal development and em­ ployment 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 work­readiness or prospects for employment: to develop, in co­operation with and with the assistance of the chief executive, a new plan for the person, if the chief executive considers that, because of a substan­ tial change to the person’s circumstances, the person’s 174 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 60Q existing plan is inappropriate and the person requires a new plan.
(2) (3) 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 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.
(b) (c) (d) For the purposes of this section and sections 60R to 60Z, unless the context otherwise requires,— (a) a person who is required to develop a personal devel­ opment and employment plan does not complete his or her development of the plan unless the person signs it: a document developed by any person as his or her per­ sonal development and employment plan is not a plan unless he or she signs it: a personal development and employment plan devel­ oped in accordance with section 60W(3) or section 60Y(4)(b) is, unless the context otherwise requires, to be treated as a plan developed under subsection (1)(d).
(b) (c) (3A) A person— (a) (b) cannot be required to include in his or her personal de­ velopment and employment plan provisions relating to his or her undertaking activity in the community; and cannot be required under subsection (1) to undertake ac­ tivity in the community (whether or not it is included in his or her personal development and employment plan).
(3B) Subsection (3A)(a) does not prevent the inclusion in a person’s personal development and employment plan of provisions re­ lating to his or her undertaking activity in the community.

175 Part 1 s 60Q Social Security Act 1964 Reprinted as at 19 December 2007 (4) A personal development and employment plan does not cre­ ate 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 a beneﬁt under section 27B (the domestic pur­ poses beneﬁt for solo parents); 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); or (ii) (iii) (iv) (v) (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.

Sections 60O to 60Z were inserted, as from 10 March 2003, by section 11 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

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

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

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

(6) (7) 176 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 60R Section 60Q(3A): inserted, on 24 September 2007, by section 30(2) of the Social Security Amendment Act 2007 (2007 No 20).

Section 60Q(3B): inserted, on 24 September 2007, by section 30(2) of the Social Security Amendment Act 2007 (2007 No 20).
Section 60Q(6): substituted, on 24 September 2007, by section 30(3) of the Social Security Amendment Act 2007 (2007 No 20).

Section 60Q(7): added, on 24 September 2007, by section 30(3) of the Social Security Amendment Act 2007 (2007 No 20).
60R Developing and reviewing personal development and employment plans (1) A personal development and employment plan should be— (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 co­operate in the prompt development of a personal development and employment plan or does not sign it, the chief executive may conclude that the beneﬁciary has failed to comply with a requirement under section 60Q(1).
(4) (3) At any time after a personal development and employment plan is signed, a beneﬁciary or the chief executive, may ask for a review of the plan, but, until a review is completed, the beneﬁciary must demonstrate commitment to the plan in its current form.
If a beneﬁciary or the chief executive asks for a review of the beneﬁciary’s personal development and employment plan,— the beneﬁciary, in co­operation with and with the as­ (a) sistance of the chief executive, must review the plan as soon as practicable; and the beneﬁciary— (i) (ii) may amend the plan by signing a revised version may conﬁrm the plan by signing it; or (b) of it that includes the amendments.
Sections 60O to 60Z were inserted, as from 10 March 2003, by section 11 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

Section 60R(3): amended, on 24 September 2007, by section 30(4) of the Social Security Amendment Act 2007 (2007 No 20).

177 Part 1 s 60S Social Security Act 1964 Reprinted as at 19 December 2007 Section 60R(4): amended, on 24 September 2007, by section 30(4) of the Social Security Amendment Act 2007 (2007 No 20).
60S Beneﬁciary must demonstrate commitment to personal (1) (2) development and employment plan at review This section applies to a beneﬁciary who has signed a personal development and employment plan developed in accordance with a request under s 60Q(1).

The chief executive may, at any reasonable time after the bene­ ﬁciary’s current personal development and employment plan was signed or last reviewed, review it with the beneﬁciary.
[Repealed] (3) (4) At any review of the personal development and employment plan, the chief executive may require the beneﬁciary to demon­ strate that, during the period under review, the beneﬁciary has had a commitment to the goals set out in that plan and in any other plan in effect during that period.
The chief executive determines whether a beneﬁciary has demonstrated a commitment to achieving the goals set out in a personal development and employment plan during any period by considering the overall response of the beneﬁciary to those goals and to the action plan included in the plan, having regard to,— (a) the extent to which the beneﬁciary has— (i) (ii) undertaken the activities set out in that plan; or undertaken any other activities relevant to the goals set out in that plan; and (5) (b) if the beneﬁciary has failed to undertake any or all of the activities set out in the 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 plan, the chief executive must not have any regard to whether the beneﬁciary has failed or refused to undertake activity in the community [Repealed] Sections 60O to 60Z were inserted, as from 10 March 2003, by section 11 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
(6) 178 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 60U Section 60S heading: amended, on 24 September 2007, by section 31(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 60S(2): substituted, on 24 September 2007, by section 31(2) of the Social Security Amendment Act 2007 (2007 No 20).

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 24 September 2007, by section 31(3) of the Social Security Amendment Act 2007 (2007 No 20).

Section 60S(5A): inserted, on 24 September 2007, by section 31(4) of the Social Security Amendment Act 2007 (2007 No 20).

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 (b) (c) relation to personal development and employment plans The chief executive must take reasonable and appropriate steps to make every beneﬁciary aware, before the beneﬁciary signs a personal development and 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 a plan; and the effect and consequences of signing a 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 plan and, in particular, the sanc­ tions 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 plan; and the beneﬁciary’s right under sections 10A and 12J to review and appeal decisions relating to the plan.
Sections 60O to 60Z were inserted, as from 10 March 2003, by section 11 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
(d) (e) 60U Failure to comply with personal development and (1) employment plan obligations 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 179 Part 1 s 60V Social Security Act 1964 Reprinted as at 19 December 2007 (ab) (b) failed to comply with a request under section 60HA; or failed to demonstrate commitment to the goals in the beneﬁciary’s personal development and employment plan.
(2) (3) (4) 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 personal development and em­ ployment plan (if the beneﬁciary 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 a personal development and employment plan if— (a) the undertaking by the beneﬁciary of any activities set out in the plan was dependent on the department taking any action or providing any assistance speciﬁed in the 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 plan.
(b) Subsection (3) does not limit the circumstances in which a beneﬁciary has a good and sufﬁcient reason for failing to demonstrate commitment to the goals set out in a personal development and employment plan.

Sections 60O to 60Z were inserted, as from 10 March 2003, by section 11 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

Section 60U(1)(ab): inserted, on 24 September 2007, by section 32(1) of the Social Security Amendment Act 2007 (2007 No 20).
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 (1) (2) 180 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 60W (3) 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: 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 personal devel­ opment and employment plan, to give the beneﬁciary the opportunity to co­operate in developing a new plan within that period.
(b) (c) Sections 60O to 60Z were inserted, as from 10 March 2003, by section 11 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
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) (b) 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 per­ sonal development and employment 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 suit­ able.
181 Part 1 s 60X Social Security Act 1964 Reprinted as at 19 December 2007 (2) (3) (4) 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 plan unless, within the period, the beneﬁciary develops a new personal development and employment plan.
In this section, speciﬁed activity — (a) means— (i) an activity in the beneﬁciary’s current personal development and employment plan; or a pre­employment 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.

Sections 60O to 60Z were inserted, as from 10 March 2003, by section 11 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
(ii) (b) 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 (b) (c) (d) (e) (2) 182 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 60Y (f) (g) advising the beneﬁciary to contact the department if the beneﬁciary wants to dispute or discuss the decision to reduce the beneﬁt; and 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.

Sections 60O to 60Z were inserted, as from 10 March 2003, by section 11 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
(3) 60Y Sanctions for failure to comply with obligations in relation (1) to personal development and 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.
(2) A reduction under subsection (1) applies to the rate of beneﬁt payable to the beneﬁciary after any abatement on account of income.

183 Part 1 s 60Z Social Security Act 1964 Reprinted as at 19 December 2007 (3) (4) (5) 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) (b) remedies the relevant failure; or 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 personal development and employment plan.

This section is subject to section 60Z.


Sections 60O to 60Z were inserted, as from 10 March 2003, by section 11 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

Section 60Y(1A): inserted, on 24 September 2007, by section 33 of the Social Security Amendment Act 2007 (2007 No 20).
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 sub­ section (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 (2) (3) (4) 184 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61 ers that the person does not have a good and sufﬁcient reason for the failure,— (a) 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) (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.
Sections 60O to 60Z were inserted, as from 10 March 2003, by section 11 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Emergency beneﬁts 61 (1) 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 it 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 disabil­ ity, or of domestic circumstances, or for any other rea­ son, he is unable to earn a sufﬁcient livelihood for him­ self and his dependants (if any); and 185 Part 1 s 61 Social Security Act 1964 Reprinted as at 19 December 2007 That he is not qualiﬁed to be granted any beneﬁt: (b) 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 beneﬁt, a widow’s beneﬁt, an independent youth beneﬁt, or a 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 a 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 a 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.
(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.
(2) 186 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61 (3) 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 Subsection (1) was amended, as from 6 September 1971, by section 2(1) Social Security Amendment Act 1971 (1971 No 8) by inserting the words “and subject to such conditions as it thinks ﬁt to impose”.
Subsection (1) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Subsection (1) was amended, as from 1 July 2001, by section 15(3)(a) Social Security Amendment Act 2001 (2001 No 1) by substituting “an unemployment beneﬁt or a sickness beneﬁt” for “a community wage”.
Subsection (1)(b) was amended, as from 1 April 1991, by section 17(a) Social Security Amendment Act 1991 (1991 No 1) by omitting “other than a family beneﬁt”.

The ﬁrst and second provisos to subsection (1) were amended, as from 1 April 1991, by section 17(b) Social Security Amendment Act 1991 (1991 No 1) by substituting “an unemployment beneﬁt, an independent youth beneﬁt, or a job search allowance” for “or an unemployment beneﬁt”.
The ﬁrst and second provisos to subsection (1) were further amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by substituting “young job seeker’s allowance” for “job search allowance”.
The ﬁrst and second provisos to subsection (1) were further amended, as from 1 October 1998, by 41(1) Social Security Amendment Act 1998 (1998 No 19) by substituting “an invalid’s beneﬁt, a domestic purposes beneﬁt, a widow’s bene­ ﬁt, an independent youth beneﬁt, or a community wage” for “an invalid’s bene­ ﬁt, a sickness beneﬁt, an unemployment beneﬁt, an independent youth beneﬁt, or a young job seeker’s allowance”.
Subsection (1A) was inserted, as from 1 October 1998, by 41(2) Social Security Amendment Act 1998 (1998 No 19).

Subsection (1A) was amended, as from 1 July 2001, by section 15(7) Social Security Amendment Act 2001 (2001 No 1) by substituting “a sickness beneﬁt under section 54A or an unemployment beneﬁt under section 90” for “a com­ munity wage under section 89”.
Subsection (3) was amended, as from 6 September 1971, by section 2(2) Social Security Amendment Act 1971 (1971 No 8) by inserting the words “and subject to such conditions”.

The words “Director­General” in subsections (1) to (3) were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Se­ curity Amendment Act 1987 (1987 No 106).
The words “in the Director­General’s discretion” in subsection (1) were substituted, as from 23 June 1987, for “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).

187 Part 1 s 61A Social Security Act 1964 Reprinted as at 19 December 2007 As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
61A Obligations of spouse or partner of person granted (1) emergency beneﬁt This section applies to— (a) The spouse or partner of a person granted an emergency beneﬁt at a work­test married rate; or (b) A person (being a person who is under the age of 60) granted an emergency beneﬁt under regulations made under section 155.
(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 work­tested spouse or partner, must comply with the work test.

Section 61A was substituted by section 19 Social Security Amendment Act 1972, and further substituted, as from 25 July 1979, by section 7(1) Social Se­ curity Amendment Act 1979 (1979 No 14).
Section 61A and the preceding heading were repealed, as from 1 October 1986, by section 14(1)(a) Social Security Amendment Act 1986 (1986 No 39).

See section 14(7) of that Act for the transitional provisions.

A new section 61A was inserted, as from 1 February 1999, by section 73 Social Security Amendment Act 1998 (1998 No 19).
The heading to section 61A was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.

Subsection (1)(a) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
Subsection (1)(b) was amended, as from 1 July 2005, by section 13(1) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101) by substituting “section 155” for “section 132B”.

See sections 7 to 11 of that Act for the transitional provisions.

Section 61A(2): substituted, on 24 September 2007, by section 34 of the Social Security Amendment Act 2007 (2007 No 20).
188 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61CA 61B Special provisions in respect of additional beneﬁts for dependent children [Repealed] Section 61B was substituted by section 19 Social Security Amendment Act 1972, and further substituted, as from 25 July 1979, by section 8(1) Social Se­ curity Amendment Act 1979 (1979 No 14).

Section 61B was repealed, as from 1 October 1986, by section 14(1)(b) Social Security Amendment Act 1986 (1986 No 39).
See section 14(7) of that Act for the transitional provisions.
61C Special powers of Director­General in respect of 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 was substituted by section 9(1) Social Security Amendment Act 1973, further substituted, as from 1 October 1981, by section 189(1) Family Proceedings Act 1980 (1980 No 94).

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Section 61C was substituted, as from 1 July 1992, by section 8 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 of this Act (as it existed immediately before its repeal by section 6(1) of 189 Part 1 s 61CA Social Security Act 1964 Reprinted as at 19 December 2007 (2) the Social Security Amendment Act (No 5) 1991), and unpaid as at the close of the 30th day of June 1992, declared to con­ tinue to be payable to the Crown Bank Account as a debt due to the Crown by section 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 mainten­ ance order, and may take any proceedings accordingly: (b) 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.
(c) (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 was inserted, as from 30 June 1993, by section 9(1) Social Se­ curity Amendment Act (No 3) 1993 (1993 No 57).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
190 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61CB Epidemics This heading was inserted, as from 19 December 2006, by section 5 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) (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) 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 non­entitlement period on the commencement of the domestic epidemic man­ agement notice concerned; or become subject to a non­entitlement period while the notice is in force: (ii) (d) cause payments under beneﬁts to be made to people at a rate— 191 Part 1 s 61CC Social Security Act 1964 Reprinted as at 19 December 2007 (i) higher than a lower rate to which they would otherwise be entitled (being a lower rate result­ ing from one 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: a sanction, penalty, or non­entitlement period, imposed on a spouse or partner); but (C) (D) (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 con­ trary.

Sections 61CB to 61CF were inserted, as from 19 December 2006, by section 5 Social Security Amendment Act 2006 (2006 No 90).
(4) 61CC Granting of emergency beneﬁts during epidemic in New Zealand (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.
192 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61CE (2) (3) 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.

Sections 61CB to 61CF were inserted, as from 19 December 2006, by section 5 Social Security 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).

Sections 61CB to 61CF were inserted, as from 19 December 2006, by section 5 Social Security 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.

(2) (3) (4) 193 Part 1 s 61CF Social Security Act 1964 Reprinted as at 19 December 2007 (5) In subsection (1), quarantinable disease has the meaning given to it by section 2(1) of the Health Act 1956.

Sections 61CB to 61CF were inserted, as from 19 December 2006, by section 5 Social Security Amendment Act 2006 (2006 No 90).
61CF Special assistance for visitors affected by overseas (1) (2) (3) epidemics The Minister may, in respect of any period for which an over­ seas epidemic management notice is in force, by notice in the 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.

Sections 61CB to 61CF were inserted, as from 19 December 2006, by section 5 Social Security Amendment Act 2006 (2006 No 90).
(b) (c) 61D Interpretation (1) In sections 61DB, 61DC, and 61DD of this Act, unless the context otherwise 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 im­ practicable to realise; or (b) Any administration expenses; or (c) Any non­assessable assets, if section 61DB or section 61DD of this Act applies: 194 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61D As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Child includes a still­born child as deﬁned in section 2 of the Births, Deaths, and Marriages Registration Act 1995 The reference to “section 2 of the Births, Deaths, and Marriages Registration Act 1995” was substituted, as from 1 September 1995, for a reference to “sec­ tion 2 of the Births and Deaths Registration Act 1951” by section 96 of the Births, Deaths, and Marriages Registration Act 1995 (1995 No 16).
Non­assessable assets, in relation to a deceased person, a spouse or partner, or the parents or any other person who was 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 resi­ dence, including any estate or interest in the land on which it is erected, and any other buildings or improve­ ments 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) (ii) Motor vehicles, caravans, trailers, or boats used principally for family purposes; and (c) Any undivided beneﬁcial interest in common in Maori land.
Non­assessable assets: this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.

In sections 61DB and 61DD of this Act, the annual income of any person shall be that person’s estimated income for the 52­week period commencing on the day following the date of death of the deceased in respect of whom the application is made.
Section 61D was substituted, as from 28 September 1982, by section 9(1) Social Security Amendment Act 1982 (1982 No 16).
(2) 195 Part 1 s 61DA Social Security Act 1964 Reprinted as at 19 December 2007 Sections 61D to 61DE were substituted, as from 1 August 1991, by section 16(1) Social Security Amendment Act (No 2) 1991 (1991 No 78) As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
61DA Restrictions on payment of funeral grants Funeral grants shall not be payable under section 61DB or sec­ tion 61DC or section 61DD of this Act if— (a) clause 64 of Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 applies in respect of the deceased; or (b) A payment under section 74A of the War Pensions Act (c) (d) 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.
Sections 61DA to 61DG were inserted, as from 28 September 1982, by section 9(1) Social Security Amendment Act 1982 (1982 No 16).

The words “Director­General” were substituted for “Commission”, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
Sections 61D to 61DE were substituted, as from 1 August 1991, by section 16(1) Social Security Amendment Act (No 2) 1991 (1991 No 78) Section 61DA was amended, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114) by substituting “Clause 65 of Schedule 1 of the Accident Insurance Act 1998” for “Section 81 of the Accident Compensa­ tion Act 1982”.
Paragraph (a) was substituted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).

See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance.

See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.
Paragraph (b) was amended, as from 15 April 2003, by section 12(1) War Pen­ sions Amendment Act 2003 (2003 No 18) by substituting “section 74A of the War Pensions Act 1954” for “section 12 of the Social Welfare (Transitional Provisions) Act 1990”.
196 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61DB 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 child or children whom he or she is liable in law to A spouse or partner; or (c) 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— the chief executive may, in the chief executive’s discretion, pay a funeral grant not exceeding $1,706.31 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 non­assessable assets, in excess of the amount in clause 2 of Part 1 of Schedule 31; and (ii) (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.
Sections 61DA to 61DG were inserted, as from 28 September 1982, by section 9(1) Social Security Amendment Act 1982 (1982 No 16).

The words “Director­General” in the previous section 61DB were substituted for “Commission”, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
Sections 61D to 61DE were substituted, as from 1 August 1991, by section 16(1) Social Security Amendment Act (No 2) 1991 (1991 No 78) The heading to section 61DB was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

Section 61DB was amended, as from 1 April 1993, by regulation 2(a) Social Security (Rates of Beneﬁts and Allowances Order 1993 (SR 1993/67) by sub­ stituting “$1,016” for “$1,000”.
Section 61DB was amended, as from 1 April 1994, by regulation 2(a) Social Security (Rates of Beneﬁts and Allowances Order 1994 (SR 1994/38) by sub­ stituting “$1,030” for “$1,016”.
197 Part 1 s 61DB Social Security Act 1964 Reprinted as at 19 December 2007 Section 61DB was amended, as from 1 April 1995, by regulation 2(a) Social Security (Rates of Beneﬁts and Allowances) Order 1995 (SR 1995/51) by sub­ stituting “$1,058.84” for “$1,030” Section 61DB was amended, as from 1 April 1996, by clause 2(a) Social Secur­ ity (Rates of Beneﬁts and Allowances) Order 1996 (SR 1996/49) by substituting “$1,089.76” for “$1,058.84”.
Section 61DB (that part after paragraph (c)) was amended, as from 1 April 1997, by clause 2 Social Security (Rates of Beneﬁts and Allowances) Order 1997 (SR 1997/40) by substituting “$1,117.55” for “$1,089.76”.

Section 61DB (that part after paragraph (c)) was amended, as from 1 April 1998, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1998 (SR 1998/34) by substituting “1,126.83” for “1,117.55”.
Section 61DB (that part after paragraph (c) was amended, as from 1 April 1999, by clause 2 Social Security (Rates of Beneﬁts and Allowances) Order 1999 (SR 1999/58) by substituting “1,131.00” for “1,126.83”.

Section 61DB (that part after paragraph (c)) was amended by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 2000 (SR 2000/41) by sub­ stituting “1,136.77” for “1,131.00”, with application to persons who die on or after 1 April 2000.
Section 61DB (that part after paragraph (c)) was amended by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 2001 (SR 2001/24) by sub­ stituting “1,182.01” for “1,136.77”, with application to persons who die on or after 1 April 2001.

Section 61DB (that part after paragraph (c)) was amended, by clause 3(1) So­ cial Security (Rates of Beneﬁts and Allowances) Order 2002 (SR 2002/53) by substituting “$1,203.52” for “1,182.01”, with application to persons who die on or after 1 April 2002.
Section 61DB (that part after paragraph (c)) was amended, by clause 3(1) So­ cial Security (Rates of Beneﬁts and Allowances) Order 2003 (SR 2003/44) by substituting “$1,236.26” for “$1,203.52” with application to persons who die on or after 1 April 2003.

Section 61DB (that part after paragraph (c)) was amended, by clause 3(1) Social Security (Funeral Grants) Order 2003 (SR 2003/149) by substituting “$1,545.33” for “$1,236.26” with application to persons who die on or after 1 July 2003.
Section 61DB (that part after paragraph (c)) was amended by clause 3(1) Social Security (Rates of Beneﬁts and Allowances) Order 2004 (SR 2004/52) by sub­ stituting “$1,569.28” for “$1,545.33”, with application to persons who die on or after 1 April 2004.

Section 61DB (that part after paragraph (c)) was amended by clause 3(1) Social Security (Rates of Beneﬁts and Allowances) Order 2005 (SR 2005/42) by sub­ stituting “$1,611.65” for “$1,569.28”, with application to persons who die on or after 1 April 2005.
Section 61DB (that part after paragraph (c)) was amended, as from 1 April 2006, by clause 3(1) Social Security (Rates of Beneﬁts and Allowances) Order 2006 (SR 2006/44) by substituting “$1,662.58” for “$1,611.65” with application to persons who die on or after 1 April 2006.
198 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61DC Section 61DB (that part after paragraph (c)) was amended, as from 1 April 2007, by clause 3(1) Social Security (Rates of Beneﬁts and Allowances) Order 2007 (SR 2007/60) by substituting “$1,706.31” for “$1,662.58” with application to persons who die on or after 1 April 2007.

Paragraph (a) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.
Paragraph (d)(ii) was amended, as from 1 April 2005, by section 6(a) Social Security (Working for Families) Amendment Act 2004 (2004 No 51) by sub­ stituting “the amount in clause 2 of Part 1 of Schedule 31” for “the value of an amount equivalent to 400 percent of the maximum weekly rate of invalid’s beneﬁt which a married couple is entitled to receive”.

See sections 23 to 25 of that Act as to the transitional provisions.
Paragraph (d)(ii) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

Paragraph (e) was amended, as from 1 April 2005, by section 6(b) Social Secur­ ity (Working for Families) Amendment Act 2004 (2004 No 51) by substituting “is less than 52 times the appropriate amount in Part 2 of Schedule 31” for “would not be sufﬁcient to disentitle a person in receipt of that income from receiving an invalid’s beneﬁt”.
See sections 23 to 25 of that Act as to the tran­ sitional provisions.

Paragraph (e) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive” pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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 of this Act does not apply, the chief executive may, in the chief execu­ tive’s discretion, pay a funeral grant not exceeding $1,706.31 to meet the deceased person’s reasonable funeral expenses if those funeral expenses cannot be paid from the deceased’s as­ sessable estate before the payment of any other debts.
Sections 61DA to 61DG were inserted, as from 28 September 1982, by section 9(1) Social Security Amendment Act 1982 (1982 No 16).

The words “Director­General” in the previous section 61DC were substituted for “Commission”, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
The words “in the Director­General’s discretion” in the previous section 61DC were substituted, as from 23 June 1987, for “in its discretion” pursuant to sec­ tion 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).
Sections 61D to 61DE were substituted, as from 1 August 1991, by section 16(1) Social Security Amendment Act (No 2) 1991 (1991 No 78) 199 Part 1 s 61DC Social Security Act 1964 Reprinted as at 19 December 2007 The heading to section 61DC was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.
Section 61DC was amended, as from 1 April 1993, by regulation 2(b) Social Security (Rates of Beneﬁts and Allowances Order 1993 (SR 1993/67) by sub­ stituting “$1,016” for “$1,000”.

Section 61DC was amended, as from 1 April 1994, by regulation 2(b) Social Security (Rates of Beneﬁts and Allowances Order 1994 (SR 1994/38) by sub­ stituting “$1,030” for “$1,016”.
Section 61DC was amended, as from 1 April 1995, by regulation 2(b) Social Security (Rates of Beneﬁts and Allowances) Order 1995 (SR 1995/51) by sub­ stituting “$1,058.84” for “$1,030” Section 61DC was amended, as from 1 April 1996, by clause 2(b) Social Secur­ ity (Rates of Beneﬁts and Allowances) Order 1996 (SR 1996/49) by substituting “$1,089.76” for “$1,058.84”.
Section 61DC was amended, as from 1 April 1997, by clause 2 Social Security (Rates of Beneﬁts and Allowances) Order 1997 (SR 1997/40) by substituting “$1,117.55” for “$1,089.76”.

Section 61DC was amended, as from 1 April 1998, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1998 (SR 1998/34) by substituting “1,126.83” for “1,117.55”.
Section 61DC was amended, as from 1 April 1999, by clause 2 Social Security (Rates of Beneﬁts and Allowances) Order 1999 (SR 1999/58) by substituting “1,131.00” for “1,126.83”.

Section 61DC was amended, as from 1 April 2000, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 2000 (SR 2000/41) by substituting “1,136.77” for “1,131.00”.
Section 61DC was amended by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 2001 (SR 2001/24) by substituting “1,182.01” for “1,136.77”, with application to persons who die on or after 1 April 2001.

Section 61DC was amended, by clause 3(1) Social Security (Rates of Bene­ ﬁts and Allowances) Order 2002 (SR 2002/53) by substituting “$1,203.52” for “1,182.01”, with application to persons who die on or after 1 April 2002.
Section 61DC was amended, by clause 3(1) Social Security (Rates of Bene­ ﬁts and Allowances) Order 2003 (SR 2003/44) by substituting “$1,236.26” for “$1,203.52” with application to persons who die on or after 1 April 2003.

Section 61DC was amended, by clause 3(1) Social Security (Funeral Grants) Order 2003 (SR 2003/149) by substituting “$1,545.33” for “$1,236.26” with application to persons who die on or after 1 July 2003.
Section 61DC was amended by clause 3(1) Social Security (Rates of Bene­ ﬁts and Allowances) Order 2004 (SR 2004/52) by substituting “$1,569.28” for “$1,545.33”, with application to persons who die on or after 1 April 2004.

Section 61DC was amended by clause 3(1) Social Security (Rates of Bene­ ﬁts and Allowances) Order 2005 (SR 2005/42) by substituting “$1,611.65” for “$1,569.28”, with application to persons who die on or after 1 April 2005.
Section 61DC was amended, as from 1 April 2006, by clause 3(1) Social Secur­ ity (Rates of Beneﬁts and Allowances) Order 2006 (SR 2006/44) by substituting 200 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61DD “$1,662.58” for “$1,611.65” with application to persons who die on or after 1 April 2006.
Section 61DC was amended, as from 1 April 2007, by clause 3(1) Social Secur­ ity (Rates of Beneﬁts and Allowances) Order 2007 (SR 2007/60) by substituting “$1,706.31” for “$1,662.58” with application to persons who die on or after 1 April 2007.

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
61DD Children’s funeral grants If a child dies the chief executive may, in the chief executive’s discretion, pay a funeral grant not exceeding $1,706.31 to meet the deceased child’s reasonable funeral expenses if— (a) (ii) 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 non­assessable 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 main­ tain the deceased child on the date of death is less than 52 times the appropriate amount in Part 2 of Schedule 31.
(b) Sections 61DA to 61DG were inserted, as from 28 September 1982, by section 9(1) Social Security Amendment Act 1982 (1982 No 16).

The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).
Sections 61D to 61DE were substituted, as from 1 August 1991, by section 16(1) Social Security Amendment Act (No 2) 1991 (1991 No 78).

Section 61DD was amended, as from 1 April 1993, by regulation 2(c) Social Security (Rates of Beneﬁts and Allowances Order 1993 (SR 1993/67) by sub­ stituting “$1,016” for “$1,000”.
201 Part 1 s 61DD Social Security Act 1964 Reprinted as at 19 December 2007 Section 61DD was amended, as from 1 April 1994, by regulation 2(c) Social Security (Rates of Beneﬁts and Allowances Order 1994 (SR 1994/38) by sub­ stituting “$1,030” for “$1,016”.
Section 61DD was amended, as from 1 April 1995, by regulation 2(c) Social Security (Rates of Beneﬁts and Allowances) Order 1995 (SR 1995/51) by sub­ stituting “$1,058.84” for “$1,030” Section 61DD was amended, as from 1 April 1996, by clause 2(b) Social Secur­ ity (Rates of Beneﬁts and Allowances) Order 1996 (SR 1996/49) by substituting “$1,089.76” for “$1,058.84”.
Section 61DD was amended, as from 1 April 1996, by clause 2(c) Social Secur­ ity (Rates of Beneﬁts and Allowances) Order 1996 (SR 1996/49) by substituting “$1,089.76” for “$1,058.84”.

Section 61DD (that part before paragraph (a)) was amended, as from 1 April 1997, by clause 2 Social Security (Rates of Beneﬁts and Allowances) Order 1997 (SR 1997/40) by substituting “$1,117.55” for “$1,089.76”.
Section 61DD (that part before paragraph (a)) was amended, as from 1 April 1998, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1998 (SR 1998/34) by substituting “1,126.83” for “1,117.55”.

Section 61DD (that part before paragraph (a)) was amended, as from 1 April 1999, by clause 2 Social Security (Rates of Beneﬁts and Allowances) Order 1999 (SR 1999/58) by substituting “$1,131.00” for “$1,126.83”.
Section 61DD (that part before paragraph (a)) was amended, as from 1 April 2000, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 2000 (SR 2000/41) by substituting “$1,136.77” for “$1,131.00”.

Section 61DD (that part before paragraph (a)) was amended by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 2001 (SR 2001/24) by sub­ stituting “$1,182.01” for “$1,136.77”, with application to persons who die on or after 1 April 2001.
Section 61DD (that part before paragraph (a)) was amended, by clause 3(1) Social Security (Rates of Beneﬁts and Allowances) Order 2002 (SR 2002/53) by substituting “$1,203.52” for “$1,182.01”, with application to persons who die on or after 1 April 2002.

Section 61DD (that part before paragraph (a)) was amended, by clause 3(1) Social Security (Rates of Beneﬁts and Allowances) Order 2003 (SR 2003/44) by substituting “$1,236.26” for “$1,203.52” with application to persons who die on or after 1 April 2003.
Section 61DD (that part before paragraph (a)) was amended, by clause 3(1) Social Security (Funeral Grants) Order 2003 (SR 2003/149) by substituting “$1,545.33” for “$1,236.26” with application to persons who die on or after 1 July 2003.

Section 61DD was amended by clause 3(1) Social Security (Rates of Bene­ ﬁts and Allowances) Order 2004 (SR 2004/52) by substituting “$1,569.28” for “$1,545.33”, with application in respect of persons who die on or after 1 April 2004.
Section 61DD was amended by clause 3(1) Social Security (Rates of Bene­ ﬁts and Allowances) Order 2005 (SR 2005/42) by substituting “$1,611.65” for “$1,569.28”, with application to persons who die on or after 1 April 2005.
202 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61DE Section 61DD was amended, as from 1 April 2006, by clause 3(1) Social Secur­ ity (Rates of Beneﬁts and Allowances) Order 2006 (SR 2006/44) by substituting “$1,662.58” for “$1,611.65”, with application to persons who die on or after 1 April 2006.
Section 61DD was amended, as from 1 April 2007, by clause 3(1) Social Secur­ ity (Rates of Beneﬁts and Allowances) Order 2007 (SR 2007/60) by substituting “$1,706.31” for “$1,662.58” with application to persons who die on or after 1 April 2007.
Paragraph (a)(ii) was amended, as from 1 April 2005, by section 7(a) Social Security (Working for Families) Amendment Act 2004 (2004 No 51) by sub­ stituting “the amount in clause 2 of Part 1 of Schedule 31” for “the value of an amount equivalent to 400 percent of the maximum weekly rate of invalid’s beneﬁt which a married couple is entitled to receive”.

See sections 23 to 25 of that Act as to the transitional provisions.
Paragraph (b) was amended, as from 1 April 2005, by section 7(b) Social Secur­ ity (Working for Families) Amendment Act 2004 (2004 No 51) by substituting “is less than 52 times the appropriate amount in Part 2 of Schedule 31” for “would not be sufﬁcient to disentitle a person in receipt of that income from receiving an invalid’s beneﬁt”.

See sections 23 to 25 of that Act as to the tran­ sitional provisions.
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
(d) (e) 61DE Method of making payments (1) Any payment under section 61DB or section 61DC or section 61DD of this Act shall be made, in the chief executive’s dis­ cretion,— (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 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 income is to be tested under section 61DB or section 61DD of this Act, 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 of this Act, the chief executive, in the chief executive’s discretion, may advance any amount payable under those sections on the condition that the whole (2) 203 Part 1 s 61DF Social Security Act 1964 Reprinted as at 19 December 2007 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.
Sections 61DA to 61DG were inserted, as from 28 September 1982, by section 9(1) Social Security Amendment Act 1982 (1982 No 16).

The words “Director­General” in the previous section 61DE were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
The words “in the Director­General’s discretion” in the previous section 61DE were substituted, as from 23 June 1987, for “in its discretion” pursuant to sec­ tion 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).
Sections 61D to 61DE were substituted, as from 1 August 1991, by section 16(1) Social Security Amendment Act (No 2) 1991 (1991 No 78) Subsection (1)(a) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

61DF Method of making payments [Repealed] Sections 61DA to 61DG were inserted, as from 28 September 1982, by section 9(1) Social Security Amendment Act 1982 (1982 No 16).
The words “Director­General” were substituted for “Commission”, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Section 61DF was repealed, as from 1 August 1991, by section 16(1) Social Security Amendment Act (No 2) 1991 (1991 No 78) 61DG Applications for lump sum payments after death [Repealed] Sections 61DA to 61DG were inserted, as from 28 September 1982, by section 9(1) Social Security Amendment Act 1982 (1982 No 16).
Section 61DG was repealed, as from 12 December 1985, by section 12 Social Security Amendment Act (No 2) 1985 (1985 No 159).

Accommodation supplement The heading “Accommodation Supplement” was inserted, as from 2 July 1975, by section 10(1) Social Security Amendment Act 1975 (1975 No 123).
204 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61E 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 was inserted, as from 4 June 2004, by section 8 Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

See sections 23 to 25 of that Act as to the transitional provisions.
61E Interpretation (1) In this section and sections 61EA, 61EB and 61EC, of, and in Schedule 18 to, this Act, unless the context otherwise re­ quires,— Accommodation costs, in relation to any person for any given period, means,— (a) (b) (c) in relation to premises rented by the person, the total cost, excluding arrears, of the premises to the person: (aa) 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 arrears) that— (i) Subject to section 68A of this Act, 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 required 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: Accommodation costs: paragraph (a) of this deﬁnition was substituted, and paragraph (aa) was inserted, as from 3 June 1998, by section 2 Social Secur­ ity Amendment Act (No 2) 1998 (1998 No 60).
205 Part 1 s 61E Social Security Act 1964 Reprinted as at 19 December 2007 Accommodation costs: paragraph (a) of this deﬁnition was substituted, and paragraph (aa) was repealed, as from 17 November 2000, by section 7(1) Hous­ ing Restructuring (Income­Related Rents) Amendment Act 2000 (2000 No 22).

See clause 2 Housing Restructuring (Income­Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).
Accommodation costs: paragraph (b)(i) of this deﬁnition was amended, as from 2 October 1994, by section 4 Social Security Amendment Act 1994 (1994 No 86) by substituting “Subject to section 68A of this Act, are” for “Are” with application only in respect of: (a) applications for beneﬁts lodged as from 2 Oc­ tober 1994; and (b) applications for beneﬁts lodged, but which have not been granted, before 2 October 1994.

See sections 8 and 9 of that Act for the transi­ tional and savings provisions.
Accommodation costs: paragraph (c) of this deﬁnition was amended, as from 1 July 1997, by section 2 Social Security Amendment Act 1997 (1997 No 21) by substituting “62%” for “two­thirds”.
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: Beneﬁciary: paragraph (a) was amended, as from 1 January 1998, by 9(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by substituting “young job seeker’s allowance” for “job search allowance”.
See section 9(2) of that Act as to the meaning of the term beneﬁciary in sections 61E and 61EA of this Act for the purposes of assessing entitlement to an accommodation supplement.

Beneﬁciary: paragraph (a) was substituted, as from 1 October 1998, by section 42 Social Security Amendment Act 1998 (1998 No 19).
Beneﬁciary: paragraph (a) was amended, as from 1 July 2001, by section 15(3)(b) Social Security Amendment Act 2001 (2001 No 1) by substituting “an unemployment beneﬁt or a sickness beneﬁt” for “a community wage”.

Beneﬁciary: paragraph (b) was substituted, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Beneﬁciary: paragraph (b) was amended, as from 15 April 2005, by section 4(1) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30) by omitting “, a transitional retirement beneﬁt,”.
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: 206 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61E (iia) money withdrawn from a KiwiSaver scheme reg­ istered 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 cash assets: this deﬁnition was substituted, as from 26 September 2002, by sec­ tion 12 Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
cash assets: paragraph (a)(i) of this deﬁnition was substituted, as from 15 April 2005, by section 4(2) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

cash assets: paragraph (a)(iia) of this deﬁnition was inserted, as from 1 Decem­ ber 2006, by section 231 KiwiSaver Act 2006 (2006 No 40).

See section 232 of that Act as to the transitional provision requiring all KiwiSaver contributions to be paid to the Commissioner in the ﬁrst 3 months.
See clause 2(2) KiwiSaver Act Commencement Order 2006 (SR 2006/357).

cash assets: paragraph (ab) of this deﬁnition was inserted, as from 1 December 2006, by section 231 KiwiSaver Act 2006 (2006 No 40).

See section 232 of that Act as to the transitional provision requiring all KiwiSaver contributions to be paid to the Commissioner in the ﬁrst 3 months.

See clause 2(2) KiwiSaver Act Commencement Order 2006 (SR 2006/357).
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 deferred payment disposition: this deﬁnition was substituted, as from 1 April 2005, by section 139 Credit Contracts and Consumer Finance Act 2003 (2003 No 52).
See sections 141 to 143 of that Act as to the transitional provisions.
Mortgage security includes— (a) A deferred payment disposition; and, in any such case, the balance of the purchase price required to be paid to 207 Part 1 s 61E Social Security Act 1964 Reprinted as at 19 December 2007 the vendor of the premises under any such disposition shall, for the purposes of paragraph (b) of the deﬁnition 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: The reference to “Part 7A of the Land Transfer Act 1952” replaced, as from 1 July 1994, a reference to “the Companies Amendment Act 1964” pursuant to section 3 Land Transfer Amendment Act 1993 (1993 No 124).
Non­beneﬁciary means a person who is not a beneﬁciary Owner includes a person legally entitled to occupy the premises under— (a) (b) A lease, where the occupier is also the lessor as owner A deferred payment disposition; or (ba) (c) 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 (d) A deferred payment licence under the Land Act 1948— and owned has a corresponding meaning The reference to “Part 7A of the Land Transfer Act 1952” replaced, as from 1 July 1994, a reference to “the Companies Amendment Act 1964” pursuant to section 3 Land Transfer Amendment Act 1993 (1993 No 124).
owner: paragraph (ba) was inserted, as from 1 July 2005, by section 4(3) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).
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 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 Weekly accommodation costs means the greater of— (a) The total amount of a person’s accommodation costs for a 12­month period divided by 52; or 208 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61E (b) The amount which, at the time of application or subse­ quent renewal, the person is required to pay weekly for accommodation costs or may reasonably be required to set aside weekly to pay accommodation costs.
(3) This section; and Sections 61EA and 61EC of this Act; and Schedule 18 to this Act.
(2) While a person is not entitled to an accommodation supple­ ment under section 80C of this Act, the accommodation costs of that person shall be considered to be the accommodation costs of that person’s spouse or partner for the purposes of— (a) (b) (c) Subsection (2) of this section is subject to section 61EB of this Act (which relates to joint tenants who are married or in a civil union or in a de facto relationship) and to section 80C(1A) of this Act (which relates to continuing accommodation supple­ ment for certain beneﬁt applicants).
Sections 61E to 61G were inserted, as from 10 October 1975, by section 10(1) Social Security Amendment Act 1975 (1975 No 123).

The words “accommodation beneﬁt” were substituted for “additional beneﬁt”, as from 14 October 1981, by section 7 Social Security Amendment Act 1981 (1981 No 46).

Paragraph (a) was amended, as from 9 February 1977, by section 14(1) Social Security Amendment Act 1976 (1976 No 40) by substituting “A” for “An age”.
Paragraph (aa) was inserted, as from 9 February 1977, by section 14(2) Social Security Amendment Act 1976 (1976 No 40).

Paragraph (aa) was repealed, as from 11 October 1978, by section 16(1) Social Security Amendment Act 1978 (1978 No 58).

Paragraph (aa) was inserted, as from 24 August 1979, by section 9 Social Se­ curity Amendment Act 1979 (1979 No 14).

Paragraph (e) was repealed, as from 9 February 1977, by section 14(2) Social Security Amendment Act 1976 (1976 No 40).
The words “Director­General” were substituted for “Commission”, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Sections 61E to 61F were substituted by sections 61E to 61EC, as from 1 July 1993, by section 10(1) Social Security Amendment Act (No 3) 1993 (1993 No 57).
Subsection (1) was amended, as from 17 November 2000, by section 7(1) Hous­ ing Restructuring (Income­Related Rents) Amendment Act 2000 (2000 No 22) by substituting “and 61EC” for “61EC, 61FA, 61FB, 61FC, and 61FD”.

See clause 2 Housing Restructuring (Income­Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).
See also section 7(6) Housing Restructuring (Income­Related Rents) Amendment Act 2000 (2000 No 22), 209 Part 1 s 61EA Social Security Act 1964 Reprinted as at 19 December 2007 which states that until the ﬁrst day on or after 17 November 2000 that is the ﬁrst day of a rent period, sections 61E to 61EC, 61FC, 61FD, and Schedule 18 of this Act, continue to apply to a tenant of HNZ housing as if they were still in force in relation to the tenant.
See section 7(7) of that Act which states that in section 7(6), terms deﬁned in section 42(1) of this Act have the meanings given to them by that section.

Subsections (2) and (3) were inserted, as from 1 October 1995, by section 29(1) Social Security Amendment Act 1996 (1996 No 20).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Subsection (2) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

Subsection (3) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by substituting “joint tenants who are married or in a civil union” for “married joint tenants”.
Subsection (3) was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.

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 210 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61EA 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 1991; or (c) (d) (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 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 of this Act; 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.
Sections 61E to 61G were inserted, as from 10 October 1975, by section 10(1) Social Security Amendment Act 1975 (1975 No 123).

(ii) (e) Sections 61E to 61F were substituted by sections 61E to 61EC, as from 1 July 1993, by section 10(1) Social Security Amendment Act (No 3) 1993 (1993 No 57).

Section 61EA was amended, as from 15 November 2000, by section 3(3) Social Security Amendment Act 2000 (2000 No 81) by substituting “funder” wherever the word “purchaser” appears.
Section 61EA was amended, as from 15 November 2000, by section 3(4) Social Security Amendment Act 2000 (2000 No 81) by substituting “funded” wher­ ever the word “purchased” appears.

211 Part 1 s 61EA Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (1) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
Subsection (2) was substituted, and subsection (2A) was inserted, as from 17 November 2000, by section 7(1) Housing Restructuring (Income­Re­ lated Rents) Amendment Act 2000 (2000 No 22).

See clause 2 Housing Restructuring (Income­Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).
Subsection (2A) was amended, as from 1 July 2006, by section 5(2)(h) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34) by inserting the words “and Tenancy Matters” after the word “Restructuring”.

Subsection (3) was amended, as from 1 April 2005, by section 9(a) Social Secur­ ity (Working for Families) Amendment Act 2004 (2004 No 51) by substituting “unless” for “if”.

See sections 23 to 25 of that Act as to the transitional provi­ sions.
Subsection (3) was amended, as from 1 April 2005, by section 9(b) Social Secur­ ity (Working for Families) Amendment Act 2004 (2004 No 51) by substituting “is less than the appropriate amount in Part 2 of Schedule 31” for “is such as would prevent payment of an invalid’s beneﬁt under this Act”.

See sections 23 to 25 of that Act as to the transitional provisions.
Subsection (3) was amended, as from 15 April 2005, by section 5 Social Se­ curity (Social Assistance) Amendment Act 2005 (2005 No 30) by inserting the words “or a veteran’s pension” after the word “superannuation”.

Subsection (3) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
Subsection (4)(b) was amended, as from October 1998, by regulation 49 Stu­ dent Allowances Regulations 1998 by substituting a reference to the “Student Allowance Regulations 1998” for a reference to the “Student Allowance Regu­ lations 1991”.

Subsection (4)(c) was amended, as from 15 November 2000, by section 3(3) and (4) Social Security Amendment Act 2000 (2000 No 81) by substituting “fun­ der” and “funded” for “purchaser” and “purchased”, respectively.
Subsection (4)(c) was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting “funded under the New Zealand Public Health and Disability Act 2000” for “purchased by or with the assistance of a purchaser”.

Subsection (4)(c) was substituted, as from 1 July 2005, by section 4(1) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
Subsection (4)(d) was amended, as from 1 July 1995, by section 14(1)(a) Social Security Amendment Act (No 4) 1997 (1997 No 63) by inserting the word “; or”.

Subsection (4)(d) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
212 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61EB Subsection (4)(e) was inserted, as from 1 July 1995, by section 14(1)(b) Social Security Amendment Act (No 4) 1997 (1997 No 63).

Subsection (4)(e)(i) and (ii) were substituted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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) Sections 61E to 61G were inserted, as from 10 October 1975, by section 10(1) Social Security Amendment Act 1975 (1975 No 123).

Sections 61E to 61F were substituted by sections 61E to 61EC, as from 1 July 1993, by section 10(1) Social Security Amendment Act (No 3) 1993 (1993 No 57).

Section 61EB was substituted, as from 3 June 1998, by section 3 Social Security Amendment Act (No 2) 1998 (1998 No 60).
Section 61EB was substituted, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21).

Section 61EB was substituted, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21).
213 Part 1 s 61EC Social Security Act 1964 Reprinted as at 19 December 2007 (2) 61EC Rates of accommodation supplement (1) The rate of accommodation supplement granted under section 61EA of this Act shall, in each case, be paid at the appropriate rate speciﬁed in Schedule 18 to this Act.
For the purposes of Schedule 18 to this Act,— (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 Injury Prevention, Rehabilitation, and Compensation Act 2001 or a lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insur­ ance 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 increased by the amount of that payment.
(4) Notwithstanding the provisions of this section or of section 61EA of this Act, the chief executive may, if he or she is satis­ ﬁed 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 214 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61EC (c) Terminate any accommodation supplement already granted.
(5) (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.

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).
Sections 61E to 61G were inserted, as from 10 October 1975, by section 10(1) Social Security Amendment Act 1975 (1975 No 123).

Sections 61E to 61F were substituted by sections 61E to 61EC, as from 1 July 1993, by section 10(1) Social Security Amendment Act (No 3) 1993 (1993 No 57).

Subsections (2)(a)(i) and (3)(a)(i) were substituted, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).
Subsections (2)(a) and (3)(a) were amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.

Subsection (3A) was inserted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).

See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance.
See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.

Subsection (4) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

Subsection (4A) was inserted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).
See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance.

See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.

Subsection (4A) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

Subsection (5) was substituted, as from 3 June 1998, by section 4 Social Security Amendment Act (No 2) 1998 (1998 No 60).
Subsection (5) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

Subsection (5) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by substituting “person who is married or in a civil union” for “married person”.
215 Part 1 s 61F Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (5) was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
61F Rates of accommodation beneﬁt [Repealed] Sections 61E to 61G were inserted, as from 10 October 1975, by section 10(1) Social Security Amendment Act 1975 (1975 No 123).

Subsection (1) was amended, as from 14 October 1981, by section 8(1) Social Security Amendment Act 1981 (1981 No 46) by substituting “accommodation beneﬁt” for “additional beneﬁt”.
Subsection (2) was inserted, as from 14 October 1981, by section 8(1) Social Security Amendment Act 1981 (1981 No 46) The words “Director­General” were substituted for “Commission”, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).
Sections 61E to 61F were substituted by sections 61E to 61EC, as from 1 July 1993, by section 10(1) Social Security Amendment Act (No 3) 1993 (1993 No 57).

61FA Rent rebate entitlement [Repealed] Sections 61FA and 61FB were inserted, as from 26 October 1992, by section 4 Social Security Amendment Act (No 3) 1992 (1992 No 80).
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Sections 61FA to 61FD were repealed, as from 17 November 2000, by sec­ tion 7(2) Housing Restructuring (Income­Related Rents) Amendment Act 2000 (2000 No 22).

See clause 2 Housing Restructuring (Income­Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).
61FB Rate of rebate [Repealed] Sections 61FA and 61FB were inserted, as from 26 October 1992, by section 4 Social Security Amendment Act (No 3) 1992 (1992 No 80).

Sections 61FA to 61FD were repealed, as from 17 November 2000, by sec­ tion 7(2) Housing Restructuring (Income­Related Rents) Amendment Act 2000 216 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61G (2000 No 22).

See clause 2 Housing Restructuring (Income­Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).
61FC Tenure protection allowance [Repealed] Sections 61FC and 61FD were inserted, as from 1 July 1993, by section 11(1) Social Security Amendment Act (No 3) 1993 (1993 No 57).

The proviso to subsection (1) was repealed, as from 3 June 1998, by section 5(1) Social Security Amendment Act (No 2) 1998 (1998 No 60).

Subsection (6) was inserted, as from 3 June 1998, by section 5(2) Social Security Amendment Act (No 2) 1998 (1998 No 60).
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Sections 61FA to 61FD were repealed, as from 17 November 2000, by sec­ tion 7(2) Housing Restructuring (Income­Related Rents) Amendment Act 2000 (2000 No 22).

See clause 2 Housing Restructuring (Income­Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).
61FD Rate of tenure protection allowance [Repealed] Sections 61FC and 61FD were inserted, as from 1 July 1993, by section 11(1) Social Security Amendment Act (No 3) 1993 (1993 No 57).

Sections 61FA to 61FD were repealed, as from 17 November 2000, by sec­ tion 7(2) Housing Restructuring (Income­Related Rents) Amendment Act 2000 (2000 No 22).

See clause 2 Housing Restructuring (Income­Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).
Temporary additional support The heading “Special Beneﬁt” was substituted, as from 2 October 1994, by section 5(1) Social Security Amendment Act 1994 (1994 No 86) with applica­ tion only in respect of: (a) applications for beneﬁts lodged as from 2 October 1994; and (b) applications for beneﬁts lodged, but which have not been granted, before 2 October 1994.

See sections 8 and 9 of that Act for the transitional and savings provisions.
This heading was substituted, as from 1 April 2006, by section 10 Social Secur­ ity (Working for Families) Amendment Act 2004 (2004 No 51).

It previously read “Special beneﬁt”.

See sections 23 to 25 of that Act as to the transitional provisions.
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 217 Part 1 s 61G Social Security Act 1964 Reprinted as at 19 December 2007 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) (b) (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 he or she meets any prescribed criteria and any other requirements set out in regulations made under section 132AB.
(c) (3) 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 temporary additional support if the chief executive is satisﬁed, at any time after that applicant has applied for temporary additional sup­ port 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 (b) (5) 218 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61G (6) (7) (c) 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 terminate any temporary additional support already granted.
(d) 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 part KD of the Income Tax Act 2004 or subpart KD of the In­ come Tax Act 1994.
Sections 61E to 61G were inserted, as from 10 October 1975, by section 10(1) Social Security Amendment Act 1975 (1975 No 123).

Section 61G was substituted, as from 14 October 1981, by section 9(1) Social Security Amendment Act 1981 (1981 No 46).

Section 61G was amended, as from 23 June 1987, by section 2(3)(b) Social Se­ curity Amendment Act 1987 (1987 No 106) by substituting “Director­General” for “Commission”.
Section 61G was amended, as from 23 June 1987, by section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106) by substituting “in the Director­ General’s discretion” for “in its discretion”.

Section 61G was amended, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by in­ serting the words “or the Social Welfare (Transitional Provisions) Act 1990”.
219 Part 1 s 61GA Social Security Act 1964 Reprinted as at 19 December 2007 Section 61G was substituted, as from 2 October 1994, by section 5(1) Social Security Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for beneﬁts lodged as from 2 October 1994; and (b) applications for beneﬁts lodged, but which have not been granted, before 2 October 1994.

See sections 8 and 9 of that Act for the transitional and savings provisions.
Section 61G was amended, as from 3 June 1998, by section 6 Social Security Amendment Act (No 2) 1998 (1998 No 60) by inserting the word “allowance”.

Section 61G was amended, as from 15 November 2000, by section 3(3) Social Security Amendment Act 2000 (2000 No 81) by substituting “funder” wherever the word “purchaser” appears.

Subsection (1) was amended, as from 1 July 1998, by section 122(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
Subsection (1) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting after the expres­ sion “Social Welfare (Transitional Provisions) Act 1990” in both places where it appears, the words “or the New Zealand Superannuation Act 2001”.
Subsection (1) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001” in both places they appear.

Subsection (2) was inserted, as from 1 July 1995, by section 15(1) Social Se­ curity Amendment Act (No 4) 1997 (1997 No 63).
Subsection (2) was substituted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 61G was substituted, as from 1 April 2006, by section 10 Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
See sections 23 to 25 of that Act as to the transitional provisions.

Childcare assistance This heading was inserted, as from 4 October 2004, by section 11(1) Social Se­ curity (Working for Families) Amendment Act 2004 (2004 No 51).

See sections 23 to 25 of that Act as to the transitional provisions.

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 (2) 220 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61H (3) any prescribed criteria and any other requirements set out in regulations made under section 132AC.
Childcare assistance granted to an applicant, in accordance with this section and regulations made under section 132AC, must be granted— (a) (b) Section 61GA was inserted, as from 4 October 2004, by section 11(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

See sec­ tions 23 to 25 of that Act as to the transitional provisions.

in the prescribed amount; and for the prescribed period.
Alteration of rates of beneﬁts 61H Rates of beneﬁts, etc, may be increased by Order in (1) Council The Governor­General may from time to time, by Order in Council,— (a) Amend sections 61DB, 61DC, 61DD, 61EC, and 125 of this Act; and amend section 69C(1)(c); and (aa) (b) Amend the deﬁnitions, in section 3(1) of this Act, of the terms Income Test 1, Income Test 2, Income Test 3, Income Test 4, and Income Test 5; 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 (ca) (c) (d) Amend Schedules 3, 16, and 31, and Schedules 4, 6, 9, 17 to 19, 22, 23, 26, 27, and 28— 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) of this section may not increase the period of a beneﬁt stand down for a given income.
221 Part 1 s 61H Social Security Act 1964 Reprinted as at 19 December 2007 Every Order in Council made under subsection (1) of this sec­ tion 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 beneﬁts, allowances, lump sum payments, subsidy rates, maximum amounts of supplements, asset limits, income exemptions, advances, cash assets tests, beneﬁt stand down income test, and annual and weekly income tests payable or applicable in respect 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 the 31st day of 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 purported 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 was inserted, as from 16 December 1983, by section 10 Social Security Amendment Act 1983 (1983 No 138).

(2) (3) (4) (5) (6) (7) 222 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 61H Section 61H was substituted, as from 19 March 1990, by section 5 Social Se­ curity Amendment Act 1990 (1990 No 5).
Subsection (1) was amended, as from 1 July 1993, by section 12(3) Social Se­ curity Amendment Act (No 3) 1993 (1993 No 57) by inserting the words “maxi­ mum amount of supplements, average regional rental, asset limit, income ex­ emption”.

Subsection (1)(a) was amended, as from 30 June 1993, by section 12(1) Social Security Amendment Act (No 3) 1993 (1993 No 57) by substituting “61DB, 61DC, 61DD” for “61DC, 61DD, 61DE”.
Subsection (1)(aa) was inserted, as from 1 April 1990, by section 14(7)(a) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Subsection (1)(b) was amended, as from 1 April 1990, by section 14(7)(b) So­ cial Welfare (Transitional Provisions) Act 1990 (1990 No 26) by omitting the expression “Twenty­fourth”.

Subsection (1)(b) was substituted, as from 1 April 1991, by section 24(2) Social Security Amendment Act 1991 (1991 No 1).
Subsection (1)(b) was amended, as from 30 June 1993, by section 5(3)(c) Social Security Amendment Act (No 3) 1993 (1993 No 57) by substituting “Sixth, Eighth, Ninth” for “Sixth to Ninth”.

Subsection (1)(b) was amended, as from 1 July 1993, by section 12(2) Social Security Amendment Act (No 3) 1993 (1993 No 57) by substituting “Twenty­ sixth, and Twenty­seventh” for “and Twenty­sixth”.
Subsection (1)(b) was amended, as from 1 July 1993, by section 12(3) Social Security Amendment Act (No 3) 1993 (1993 No 57) by substituting “those Schedules, and by decreasing the amount of any average regional rental” for “those Schedules”.

Subsection (1) was substituted, as from 1 April 1994, by section 5 Social Wel­ fare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Subsection (1)(a) was amended, as from 1 July 1996, by section 5 Social Se­ curity Amendment Act (No 3) 1996 (1996 No 49) by substituting “and 61EC” for “61EC, and 125”.

Subsection (1) was substituted, as from 1 April 1997, by section 30(1) Social Security Amendment Act 1996 (1996 No 20).

Subsection (1) was amended, as from 1 July 1997, by section 3(1) Social Secur­ ity Amendment Act 1997 (1997 No 21) by inserting the words “subsidy rate,”.
Subsection (1) was amended, as from 17 November 2000, by section 7(1) Hous­ ing Restructuring (Income­Related Rents) Amendment Act 2000 (2000 No 22) by omitting “average regional rental,”.

See clause 2 Housing Restructuring (Income­Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).

Subsection (1) was amended, as from 4 June 2004, by section 12(b) Social Se­ curity (Working for Families) Amendment Act 2004 (2004 No 51) by inserting the words “income limit,” after the words “asset limit,”.
See sections 23 to 25 of that Act as to the transitional provisions.

Subsection (1)(aa) was inserted, as from 1 April 2001, by section 11 Social Security Amendment Act 2001 (2001 No 1).

223 Part 1 s 61I Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (1)(c) was substituted, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18).

Subsection (1)(ca) was inserted, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84).
Subsection (1)(ca) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001” in both places they appear.

Subsection (1)(d) was amended, as from 1 July 1998, by section 9(2) Social Security Amendment Act 1998 (1998 No 19) by omitting the expression “8,”.
Subsection (1)(d) was substituted, as from 1 February 1999, by section 74 Social Security Amendment Act 1998 (1998 No 19).

Subsection (1)(d) was amended, as from 4 June 2004, by section 12(a) Social Security (Working for Families) Amendment Act 2004 (2004 No 51) by substi­ tuting “Schedules 3, 16, and 31” for “Schedules 3 and 16”.

See sections 23 to 25 of that Act as to the transitional provisions.
Subsection (1A) was inserted, as from 1 April 1997, by section 30(1) Social Security Amendment Act 1996 (1996 No 20).

Subsection (2) was amended, as from 1 July 1993, by section 12(3) Social Se­ curity Amendment Act (No 3) 1993 (1993 No 57) by inserting the words “maxi­ mum amounts of supplements, average regional rentals, asset limits, income exemptions,”.
Subsection (2) was amended, as from 1 April 1997, by section 30(2) Social Security Amendment Act 1996 (1996 No 20) by inserting the words “beneﬁt stand down income test,”.

Subsection (2) was amended, as from 1 July 1997, by section 3(2) Social Secur­ ity Amendment Act 1997 (1997 No 21) by inserting the words “subsidy rates,”.
Subsection (2) was amended, as from 17 November 2000, by section 7(1) Hous­ ing Restructuring (Income­Related Rents) Amendment Act 2000 (2000 No 22) by omitting “average regional rental,”.

See clause 2 Housing Restructuring (Income­Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).

The amending authority proposed to omitting the words “average retail rentals,”.

In view of the change to subsection (1), it is suggested that the intention was to omit the words “average regional rentals,”.
Subsection (7) was inserted, as from 1 July 1997, by section 3(3) Social Security Amendment Act 1997 (1997 No 21).
61I Areas for accommodation supplement purposes may be altered by Order in Council The Governor­General may by Order in Council, amend the deﬁnitions of the terms Area 1, Area 2, and Area 3 — (a) by adding to any 1 of those deﬁnitions any urban area, urban zone, or area unit of New Zealand (as those terms (1) 224 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 62 (c) (d) (b) are from time to time deﬁned by the Government Statis­ tician) that is in Area 4 ; or 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) of this Act shall ap­ ply, with any necessary modiﬁcations, to any Order in Council made under subsection (1) of this section as if that order had been made under section 61H(1) of this Act.

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

Section 61I was inserted, as from 1 October 1996, by section 2 Social Security Amendment Act (No 5) 1996 (1996 No 155).
Subsection (1)(a) and (b) were substituted, as from 15 November 2000, by sec­ tion 4 Social Security Amendment Act 2000 (2000 No 81).

Subsection (1) was substituted, as from 1 April 2005, by section 13(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

See sec­ tions 23 to 25 of that Act as to the transitional provisions.

Subsection (3) was inserted, as from 1 April 2005, by section 13(2) Social Se­ curity (Working for Families) Amendment Act 2004 (2004 No 51).
See sections 23 to 25 of that Act as to the transitional provisions.
Miscellaneous provisions as to monetary beneﬁts Grant or renewal of beneﬁt after death of applicant Where any applicant for a beneﬁt or for the renewal of a beneﬁt dies before the completion of the investigation of his applica­ tion, the chief executive may, in the chief executive’s discre­ tion, grant or renew the beneﬁt as if the applicant had not died, and in such a case the provisions of sections 61D and 61DA to 61DF of this Act shall apply as if the applicant had been in receipt of the beneﬁt at the time of his death.
225 (2) (3) 62 Part 1 s 63 Social Security Act 1964 Reprinted as at 19 December 2007 Section 62 was amended, as from 12 December 1985, by section 14 Social Security Amendment (No 2) Act 1985 (1985 No 159) by substituting “sections 61D and 61DA to 61DF” for “section 85”.
Section 62 was amended, as from 23 June 1987, by section 2(3)(b) and (d) Social Security Amendment Act 1987 (1987 No 106) by substituting “Director­Gen­ eral” for “Commission”, and the words “in the Director­General’s discretion” for “in its discretion”.

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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 of this Act or of any welfare programme approved by the Minister under section 124(1)(d) of this Act, 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 was substituted, as from 11 October 1978, by section 17(1) Social Security Amendment Act 1978 (1978 No 58).

Section 63 was amended, as from 23 June 1987, by section 2(3)(b) Social Se­ curity Amendment Act 1987 (1987 No 106) by substituting “Director­General” for “Commission”.

Section 63 was amended, as from 23 June 1987, by section 2(3)(d) Social Secur­ ity Amendment Act 1987 (1987 No 106) by substituting “in the Director­Gen­ eral’s discretion” for “in its discretion”.
63 226 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 63A Section 63 was amended, as from 1 August 1991, by section 17 Social Security Amendment (No 2) Act 1991 (1991 No 78) by inserting “or of the granting of any payment of a funeral grant under section 61DB of this Act or of any welfare programme approved by the Minister under section 124(1)(d) of this Act,”.
Section 63 was amended, as from 17 September 1997, by section 16 Social Security Amendment Act (No 4) 1997 (1997 No 63) by inserting the words “, or of assessing the ﬁnancial means of any person under section 69F or section 69FA”.

Section 63 was amended, as from 1 July 2005, by section 13(1) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101) by omitting “section 69F or”.

See sections 7 to 11 of that Act for the transitional provisions.
Section 63 was amended, as from 1 July 2005, by section 13(1) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101) by inserting the words “or Part 4” after the expression “section 69FA”.

See sections 7 to 11 of that Act for the transitional provisions.

Paragraph (a) was substituted, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21).
Paragraph (b) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or in a civil union” after the word “married”.

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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 ex­ ecutive determines, expiring not later than the pay day imme­ diately after the 31st day of December in the year in which the child attains the age of 18 years.
Section 63A was inserted, as from 1 April 1991, by section 23 Social Security Amendment Act 1991 (1991 No 1).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
227 Part 1 s 64 Social Security Act 1964 Reprinted as at 19 December 2007 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 to this Act or in the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 and the New Zealand Superannuation and Retirement Income Act 2001 to the annual income of the beneﬁciary 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) of this section, the esti­ mated annual income for the period of 52 weeks speciﬁed in subsection (1) of this section 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 to 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) 228 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 64 (3) From the income computed in accordance with subsection (2) or subsection (2A) of this section there may be deducted any items by which the chief executive is satisﬁed the income is likely to be reduced, and there may be added to the income so computed any items by which the chief executive is satis­ ﬁed 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 was amended, as from 26 September 2002, by section 13(1) Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28) by omitting “annual”.

See section 33 of that Act for a transitional provision relating to mode of ascertaining annual income for beneﬁt purposes.
Subsection (1) was amended, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by in­ serting the words “or the Social Welfare (Transitional Provisions) Act 1990”.

Subsection (1) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
Subsection (1) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting “and the New Zealand Superannuation Act 2001” after “Social Welfare (Transitional Provi­ sions) Act 1990”.

Subsection (1) was amended, as from 15 April 2003, by section 12(1) War Pen­ sions Amendment Act 2003 (2003 No 18) by inserting “or Part 6 of the War Pensions Act 1954” after “Social Welfare (Transitional Provisions) Act 1990”.
Subsection (1) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001” in both places they appear.
Subsection (2) was amended, as from 11 October 1978, by section 18(1) Social Security Amendment Act 1978 (1978 No 58) by substituting “the estimated annual income for the period of 52 weeks speciﬁed in subsection (1) of this section” for “the estimated income for the said period”.

Subsection (2A) was inserted, as from 11 October 1978, by section 18(2) Social Security Amendment Act 1978 (1978 No 58).
Subsection (2A) was amended, as from 1 April 1994, by section 5 Social Wel­ fare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by inserting the words “or the Social Welfare (Transitional Provisions) Act 1990”.

Subsection (2A) was amended, as from 1 July 1996, by section 31 Social Secur­ ity Amendment Act 1996 (1996 No 20) by substituting “the appropriate number of weeks speciﬁed in regulations made under this Act” for “a number of weeks speciﬁed by the Director­General”.
229 Part 1 s 65 Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (2A) was amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Subsection (2A) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting, after the expres­ sion “Social Welfare (Transitional Provisions) Act 1990”, the words “or in the New Zealand Superannuation Act 2001”.
Subsection (2A) was amended, as from 26 September 2002, by section 13(2)(a) Social Security (Personal Development and Employment) Amend­ ment Act 2002 (2002 No 28) by substituting “a person” for “the beneﬁciary”.

See section 33 of that Act for a transitional provision relating to mode of ascertaining annual income for beneﬁt purposes.
Subsection (2A) was amended, as from 26 September 2002, by section 13(2)(b) Social Security (Personal Development and Employment) Amend­ ment Act 2002 (2002 No 28) by substituting “person’s” for “beneﬁciary’s”.

See section 33 of that Act for a transitional provision relating to mode of ascertaining annual income for beneﬁt purposes.
Subsection (2A) was amended, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18) by inserting the words “or Part 6 of the War Pensions Act 1954” after the words “Social Welfare (Transitional Provisions) Act 1990”.
Subsection (2A) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001” in both places they appear.

Subsection (2B) was inserted, as from 26 October 2002, by section 13(3) So­ cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).
See section 33 of that Act for a transitional provision relating to mode of ascertaining annual income for beneﬁt purposes.

Subsection (3) was amended, as from 11 October 1978, by section 18(3) Social Security Amendment Act 1978 (1978 No 58) by inserting the words “or sub­ section (2A)”.

Subsection (3) was amended, as from 11 October 1978, by section 18(3) Social Security Amendment Act 1978 (1978 No 58) by inserting the words “or sub­ section (2A)”.
As from 23 June 1987, references in section 64 to “Commission” were replaced by references to “Director­General”, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

As from 1 October 1998, references in section 64 to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 65 was repealed, as from 9 June 1971, by section 3(1) Social Security Amendment Act 1971 (1971 No 8).
65 230 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 66 Exemption of income from friendly or like society 66 (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 sickness 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 to this Act 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) (2) Subsection (1) was amended, as from 14 November 1973, by section 10 Social Security Amendment Act 1973 (1973 No 34) by inserting the words “a domestic purposes beneﬁt”.
Subsection (1) was amended, as from 9 February 1977, by section 16 Social Security Amendment Act 1976 (1976 No 40) by substituting “national super­ annuation under section 16 of this Act” for the original words, Subsection (1) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
Subsection (1) was amended, as from 1 October 1998, by section 43 Social Security Amendment Act 1998 (1998 No 19) by substituting “a community wage on the grounds of sickness, injury, or disability” for “a sickness beneﬁt”.

Subsection (1) was amended, as from 1 July 2001, by section 15(1)(c) Social Security Amendment Act 2001 (2001 No 1) by substituting “sickness beneﬁt” for “community wage on the grounds of sickness, injury, or disability”.
Subsection (1) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by omitting “under section 16 of this Act”.

Subsection (1) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by inserting the words “or the partner” after the word “wife”.

The words “Director­General” were substituted for “Commission”, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
231 Part 1 s 66A Social Security Act 1964 Reprinted as at 19 December 2007 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 was inserted by section 22 Social Security Amendment Act 1972 (1972 No 133).
The words “Director­General” were substituted for “Commission”, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for the words “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).
Section 66A was amended, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by omit­ ting “under this Part of this Act”.

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
66B Redundancy and retirement payments not to be taken 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) of this Act) received by that person, except to the extent that the payment may con­ stitute cash assets that are required to be taken into account in determining the rate of an accommodation supplement or a rent rebate under section 61F(1A) or section 61FB of this Act.
Section 66B was inserted, as from 30 November 1992, by section 4 Social Se­ curity Amendment Act (No 4) (1992 No 99).

Section 66B was amended, as from 1 July 1993, by section 13 Social Security Amendment Act (No 3) 1993 (1993 No 57) by substituting “accommodation supplement” for “accommodation beneﬁt”.

Section 66B was substituted, as from 1 January 1994, by section 3 Social Se­ curity Amendment Act 1993 (1993 No 14).
Section 66B was amended, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by omit­ ting “payable under this Part of this Act”.

Section 67 was repealed, as from 29 September 1969, by section 5(1) Social Security Amendment Act 1969 (1969 No 46).
67 232 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 68A 68 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: (b) 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: (c) (d) Any money payable by him in respect of his board, lodging, or maintenance, whether in a private home or in any public or private institution.
Compare: 1961 No 6 s 7 The words “Director­General” were substituted, as from 23 June 1987, for the words “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for the words “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).
Section 68 was amended, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by omit­ ting “for the purposes of this Part of this Act”.

Section 68 was amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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 of this Act (which relates to accommodation costs), the 233 Part 1 s 68A Social Security Act 1964 Reprinted as at 19 December 2007 payments required to be made by that person under that mort­ gage security shall be deemed to be reduced by the amount of the debt insurance 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 purposes of section 69C of this Act (which relates to disability allow­ ances), 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 payment and those additional expenses or expenses.
(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 ap­ proved by the Minister under and for the purposes of section 124(1)(d) of this Act, 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 re­ gard to the nature of the payment and those costs, expenses, and commitments.
(5) Where an applicant for— (a) A beneﬁt is, or may be, entitled or eligible to receive, or receive the beneﬁt of, an income­related insurance payment; or (b) A beneﬁt of a kind referred to in any of sections 61EA, 61G, 69C, and 124(1)(d) of this Act, is, or may be, en­ 234 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 68A titled or eligible to receive, or receive the beneﬁt of, a debt insurance payment or a health or disability insur­ ance payment,— 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) A beneﬁt, or granted a beneﬁt at a rate, that does not take into account any income­related insurance payment; or (b) 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 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 income­re­ 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) 235 (7) (8) Part 1 s 69 Social Security Act 1964 Reprinted as at 19 December 2007 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 was inserted by section 6 Social Security Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for beneﬁts lodged as from 2 October 1994; and (b) applications for beneﬁts lodged, but which have not been granted, before 2 October 1994.

See sections 8 and 9 of that Act for the transitional and savings provisions.
Section (2) was amended, as from 1 April 2006, by section 21 Social Secur­ ity (Working for Families) Amendment Act 2004 (2004 No 51) by substituting “section 61G (which relates to temporary additional support) or a special bene­ ﬁt continued under section 23 of the Social Security (Working for Families) Amendment Act 2004” for “section 61G of this Act (which relates to special beneﬁts)”.

See sections 23 to 25 of that Act as to the transitional provisions.
Subsection (3) was amended, as from 17 September 1997, by section 17(1) So­ cial Security Amendment Act (No 4) 1997 (1997 No 63) by substituting “dis­ ability” for “disablement”.

Subsection (3) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by substituting “the hospitalisation of his or her spouse or partner” for “his or her spouse’s hospitalisation”.
Subsection (4) was amended, as from 1 October 1998, by section 11 Employ­ ment Services and Income Support (integrated Administration) Act 1998 (1998 No 96) by substituting “Minister” for “Minister of Social Welfare”.

Section (6)(b) was amended, as from 1 April 2006, by section 21 Social Security (Working for Families) Amendment Act 2004 (2004 No 51) by substituting “or a special beneﬁt that continues under section 23 of the Social Security (Working for Families) Amendment Act 2004” for “of this Act”.
See sections 23 to 25 of that Act as to the transitional provisions.

Subsection (8) was substituted, as from 17 September 1997, by section 17(2) So­ cial Security Amendment Act (No 4) 1997 (1997 No 63).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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 236 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 69 an amount not exceeding the amount speciﬁed in Schedule 12 to this Act 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: (c) (b) A deceased member of the New Zealand mercantile marine whose death was directly attributable to the Sec­ ond 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 attributable to his service as a member of those ﬁrst­ mentioned forces: (d) A deceased member of the mercantile marine of any Commonwealth country (other than New Zealand) who was domiciled in New Zealand at the commencement 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 step­parent 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 The words “Director­General” were substituted, as from 23 June 1987, for the words “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for the words “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).
Section 69 was amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

237 (2) Part 1 s 69A Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (2) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by substituting “spouse or partner” for “wife or husband”.
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
69A Telephone­rental concessions [Repealed] Section 69A was inserted, as from 14 November 1973, by section 11(1) Social Security Amendment Act 1973 (1973 No 34) The words “Director­General” were substituted, as from 23 June 1987, for the words “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for the words “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).

Section 69A was substituted, as from 1 July 1989, by section 34(1) Finance Act 1989 (1989 No 13).

Section 69A was repealed, as from 1 April 1991, by section 24(1) Social Secur­ ity Amendment Act 1991 (1991 No 1).
Section 69B was inserted, as from 10 October 1975, by section 11(1) Social Security Amendment Act 1975 (1975 No 123).

Section 69B was repealed, as from 1 October 1982, by section 10(1) Social Security Amendment Act 1982 (1982 No 16).
69B 69C Disability allowance (1) Subject to subsections (2) to (4) of this section, the chief ex­ ecutive may, in the chief executive’s discretion, grant a dis­ ability allowance at a rate not exceeding the amount speciﬁed in Schedule 19 to this Act, to or on account of— (a) Any person who is in receipt of a an invalid’s beneﬁt, a widow’s beneﬁt, a domestic purposes beneﬁt, an un­ employment beneﬁt or a sickness beneﬁt, or an inde­ pendent youth beneﬁt , or a related emergency beneﬁt payable under section 61 of this Act; or (b) 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 (c) 238 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 69C (d) 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) of this subsection.
(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) Has resulted in a reduction of the person’s independent function to the extent that the person requires— (i) Is likely to continue for not less than 6 months; and 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— (i) 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 (ii) 239 spect of— (a) (b) (b) Part 1 s 69C Social Security Act 1964 Reprinted as at 19 December 2007 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 executive 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 allow­ ance at a reduced rate, if the applicant is in receipt of a war disablement pension under the War Pensions Act 1954, or an entitlement under the Injury Prevention, Rehabilitation, and 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 of this Act, 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 spouse or partner of the recipient is either— (i) A patient in a hospital as deﬁned in section 75(1) of this Act; or 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; and (ii) (b) 240 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 69C (c) That spouse or partner is in receipt of a reduced beneﬁt under section 75(3) or (4) of this Act— the chief executive shall grant a special disability allowance at the rate speciﬁed in Schedule 19 to this Act to the recipient for the purpose of defraying expenses arising from the hospitali­ sation 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) Whose life expectancy is less than 6 months; or (b) 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.
(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— Is likely to last for 6 months or more; or (a) (b) Has continued for 6 months or more,— 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 a person who is receiving training or gaining ex­ perience under the supervision of a health practi­ tioner.
(ii) (b) 241 Part 1 s 69C Social Security Act 1964 Reprinted as at 19 December 2007 health practitioner: this deﬁnition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
Registered health professional[Repealed] Registered health professional: this deﬁnition was repealed, as from 18 Septem­ ber 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.

[Repealed] Section 69C was inserted, as from 10 October 1975, by section 12(1) Social Security Amendment Act 1975 (1975 No 123).
Section 69C was amended, as from 15 November 2000, by section 3(3) So­ cial Security Amendment Act 2000 (2000 No 81) by substituting “funder” for “purchaser” wherever it appears.

Section 69C was amended, as from 15 November 2000, by section 3(4) So­ cial Security Amendment Act 2000 (2000 No 81) by substituting “funded” for “purchased”.

Subsection (1) was substituted, as from 12 December 1985, by section 15(1) Social Security Amendment (No 2) Act 1985 (1985 No 159).
Subsection (1)(a) was amended, as from 1 April 1989, by section 35(2) Finance Act 1989 (1989 No 13) by inserting “training”.

Subsection (1)(a) was amended, as from 1 April 1994, by section 5 Social Wel­ fare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by inserting “or a transitional retirement beneﬁt”.
Subsection (1)(a) was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting “or a young job seeker’s allowance, or an independent youth beneﬁt on the ground speciﬁed in section 60F(1)(c)(i),”.

Subsection (1)(a) was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by substituting “section 60F(6)” for “section 60F(1)(c)(i)”.
Subsection (1)(a) was amended, as from 1 October 1998, by section 44(1) So­ cial Security Amendment Act 1998 (1998 No 19) by substituting “an invalid’s beneﬁt, a widow’s beneﬁt, a domestic purposes beneﬁt, a community wage,” for “sickness, invalid’s, widow’s, domestic purposes, training, or unemploy­ ment beneﬁt, or a young job seeker’s allowance”.
Subsection (1)(a) was amended, as from 1 July 2001, by section 15(3)(c) Social Security Amendment Act 2001 (2001 No 1) by substituting “an unemployment beneﬁt or a sickness beneﬁt” for “a community wage”.

Subsection (1)(a) was amended, as from 15 April 2005, by section 6(1) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30) by omitting “on the ground speciﬁed in section 60F(6), or a transitional retirement beneﬁt”.
Subsection (1)(b) was repealed, as from 1 April 1990, by section 14(9) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Subsection (1)(c) was amended, as from 1 July 1995, by section 18(1) Social Security Amendment Act (No 4) 1997 (1997 No 63) by inserting “and any 242 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 69C New Zealand superannuation or veteran’s pension payable to the person or the person’s spouse”.
Subsection (1)(c) was amended, as from 1 April 2001, by section 12(a) Social Security Amendment Act 2001 (2001 No 1) by substituting “the income less 4.25% of that income” for “it”.

Subsection (1)(c) was amended, as from 1 April 2001, by section 12(b) Social Security Amendment Act 2001 (2001 No 1) by substituting “an invalid’s bene­ ﬁt” for “any one of the beneﬁts referred to in paragraph (a) of this subsection”.
Subsection (1)(c) was amended, by clause 4 Social Security (Rates of Bene­ ﬁts and Allowances) Order 2002 (SR 2002/53) by substituting “4.95%” for “4.25%”.

Subsection (1)(c) was amended, as from 1 April 2003, by clause 4 Social Secur­ ity (Rates of Beneﬁts and Allowances) Order 2003 (SR 2003/44) by substituting “6.47%” for “4.95%”.
Subsection (1)(c) was amended, as from 1 April 2004, by clause 4 Social Secur­ ity (Rates of Beneﬁts and Allowances) Order 2004 (SR 2004/52) by substituting “7.47%” for “6.47%”.

Subsection (1)(c) was amended, as from 1 April 2005, by section 14 Social Security (Working for Families) Amendment Act 2004 (2004 No 51) by sub­ stituting “is less than the appropriate amount in Part 3 of Schedule 31” for “is such that the income less 7.47% of that income would not prevent the payment of an invalid’s beneﬁt”.
See sections 23 to 25 of that Act as to the transitional provisions.

Subsection (1)(c) and (d) were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse” wherever it appears.
Subsection (2) was substituted by section 7(1) Social Security Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for bene­ ﬁts lodged as from 2 October 1994; and (b) applications for beneﬁts lodged, but which have not been granted, before 2 October 1994.

See sections 8 and 9 of that Act for the transitional and savings provisions.

Subsection (2) was substituted, as from 1 July 1995, by section 18(2) Social Security Amendment Act (No 4) 1997 (1997 No 63).
Subsection (2)(b)(ii) was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.

Subsections (2A) and (2B) were inserted, as from 1 July 1995, by section 18(2) Social Security Amendment Act (No 4) 1997 (1997 No 63).

Subsection (2B) was substituted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
Subsection (2B) was substituted, as from 22 November 2006, by section 4(1) Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).

See section 4(2) and (3) of that Act relating to the payment of disability allowances under subsection (2B)(b).

Subsection (2C) was inserted, as from 22 November 2006, by section 4(1) So­ cial Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).
243 Part 1 s 69C Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (3) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by substituting “spouse or partner” for “wife”.

Subsection (4) was substituted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114).
Subsection (4) was amended, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49) by sub­ stituting “or an entitlement under the Injury Prevention, Rehabilitation, and Compensation Act 2001” for “or an entitlement under the Accident Insurance Act 1998”.

See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance.
See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.

Subsection (5) was inserted, as from 28 September 1982, by section 11(2) Social Security Amendment Act 1982 (1982 No 16).

Subsection (5) was amended, as from 12 December 1985, by section 15(2) So­ cial Security Amendment (No 2) Act 1985 (1985 No 159) by substituting “at the rate speciﬁed in Schedule 19 to this Act” for “of $10 a week”.
Subsection (5) was amended by section 7(2) Social Security Amendment Act 1994 (1994 No 86) by inserting “but subject to section 68A of this Act”, with application only in respect of: (a) applications for beneﬁts lodged as from 2 Oc­ tober 1994; and (b) applications for beneﬁts lodged, but which have not been granted, before 2 October 1994.

See sections 8 and 9 of that Act for the transi­ tional and savings provisions.
Subsection (5) was amended, as from 6 November 1985, by section 15(2) Social Security Amendment Act (No 2) 1985 (1985 No 159) by substituting “at the rate speciﬁed in Schedule 19 to this Act” for “of $10 a week”.

Subsection (5) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by substituting “the recipient” for “that married person” in both places they appear.
Subsection (5) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by substituting “hospitalisation of the spouse or partner” for “spouse’s hospitalisation”.

Subsection (5)(a) was substituted, as from 1 April 1990, by section 14(10)(a) and (b) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Subsection (5)(a) was amended, as from 30 June 1993, by section 5(3)(d) Social Security Amendment Act (No 3) (1993 No 57) by omitting “miner’s”.
Subsection (5)(a) was substituted, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Subsection (5)(a) was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting “, or a young job seeker’s allowance”.
Subsection (5)(a) was amended, as from 1 October 1998, by section 44(2) So­ cial Security Amendment Act 1998 (1998 No 19) by substituting “an invalid’s beneﬁt, or a community wage” for “an invalid’s, sickness, or unemployment beneﬁt, or a young job seeker’s allowance”.
244 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 69C Subsection (5)(a) was amended, as from 1 July 2001, by section 15(3)(c) Social Security Amendment Act 2001 (2001 No 1) by substituting “an unemployment beneﬁt or a sickness beneﬁt” for “a community wage”.

Subsection (5)(a) was amended, as from 15 April 2005, by section 6(2) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30) by omitting “or a transitional retirement beneﬁt”.
Subsection (5)(a) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “person who is married or in a civil union (the recipient)” for “married person”.

Subsection (5)(a) was amended, as from 1 April 2007, by section 5 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting “or in a de facto rela­ tionship” after “union”.
Subsection (5)(b) was substituted, as from 30 June 1993, by section 14 Social Security Amendment Act (No 3) 1993 (1993 No 57).

Subsection (5)(b) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.
Subsection (5)(b)(ii) was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting “that are wholly or partly funded under the New Zealand Public Health and Disability Act 2000” for “purchased by or with the assistance of a purchaser”.

Subsection (5)(b)(ii) was substituted, as from 1 July 2005, by section 4(2) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).
See sections 7 to 11 of that Act for the transitional provisions.

Subsection (5)(c) was substituted, as from 1 April 1990, by section 14(10)(a) and (b) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Subsection (5)(c) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

Subsections (6) to (8) were inserted, as from 1 July 1995, by section 18(3) Social Security Amendment Act (No 4) 1997 (1997 No 63).
The words “Director­General” were substituted, as from 23 June 1987, for the words “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for the words “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

245 Part 1 s 69D Social Security Act 1964 Reprinted as at 19 December 2007 69D Transition to work allowance [Repealed] Section 69D was inserted, as from 1 October 1986, by section 15 Social Security Amendment Act 1986 (1986 No 20).
Paragraph (da) was inserted, as from 1 April 1989, by section 35(3) Finance Act 1989 (1989 No 13).

Section 69D was repealed, as from 1 July 1996, by section 32(1) Social Security Amendment Act 1996 (1996 No 20).

See subsection (4) of that section as to the transitional provisions.

69E Interpretation [Repealed] Sections 69E and 69F were inserted, as from 30 June 1993, by section 15(1) So­ cial Security Amendment Act (No 3) (1993 No 57).
Section 69E was amended, as from 15 November 2000, by section 3(3) Social Security Amendment Act 2000 (2000 No 81) by substituting “funder” wherever the word “purchaser” appears.

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Assets: this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or part­ ner” after the word “spouse” in both places it appears.

Income: paragraph (c)(i) of this deﬁnition was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “para­ graph (a) of the deﬁnition of life insurer in section OB 1 of the Income Tax Act 1994” for “section 204 of the Income Tax Act 1976”.
Income: paragraph (c)(i) of this deﬁnition was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting “Income Tax Act 2004” for “Income Tax Act 1994”.

Income paragraph (c)(ii) of this deﬁnition was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “section OE 1 or section OE 2(1) of that Act” for “section 241 of that Act”.
Income: paragraphs (d) and (e) of this deﬁnition were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.

“Income” paragraph (f) of this deﬁnition was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting “under the New Zealand Public Health and Disability Act 2000” for “by a purchaser”.
The word “purchaser” had already been replaced by the word “funder” by section 3(3) Social Security Amendment Act 2000 (2000 No 81).

Income: paragraph (g) of this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
246 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 69F Income: paragraph (h) of this deﬁnition was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting “the Director­General of Health or any district health board” for “any purchaser”.

The word “purchaser” had already been replaced by the word “funder” by section 3(3) Social Security Amendment Act 2000 (2000 No 81).
Income: paragraph (i) of this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.

Income: paragraph (j) of this deﬁnition was amended, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18) by inserting the words “, other than any pension or payment payable under Part 6 of that Act” after the words “under that Act”.
Section 69E and 69F were repealed, as from 1 July 2005, by section 13(1) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
69F Financial means assessments [Repealed] Sections 69E and 69F were inserted, as from 30 June 1993, by section 15(1) So­ cial Security Amendment Act (No 3) (1993 No 57) Section 69F was amended, as from 15 November 2000, by section 3(3) Social Security Amendment Act 2000 (2000 No 81) by substituting “funder” wherever “purchaser” appears.
Subsection (1)(b) was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting “district health board” for “purchaser” in both places where it occurs.

Subsection (1)(b)(ii) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “single” for “un­ married”.
Subsections (2) and (3) were amended, as from 26 April 2005, by section 3 So­ cial Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

Subsection (4) was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting “applicable district health board” for “applicable purchaser”.
The word “pur­ chaser” had already been replaced by the word “funder” by section 3(3) Social Security Amendment Act 2000 (2000 No 81).

Subsections (5)(b), (5)(c), and (6) were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse” wherever it appears.

Subsection (6A) was inserted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).
See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance.

See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.

247 Part 1 s 69FA Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (7) was repealed, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
Subsection (8) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse” in both places it appears.

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 69E and 69F were repealed, as from 1 July 2005, by section 13(1) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
69FA Financial means assessments for home­based 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) health practitioner: this deﬁnition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).
See sections 178 to 227 of that Act as to the transitional provisions.
Home­based disability support services means disability services supplied to a person, being services in relation to the person’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 “Home­based disability support services”: this deﬁnition in subsection (1) was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting “under the New Zealand Public Health and Disability Act 2000” for “by a purchaser”.
The word “pur­ (1) 248 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 69FA chaser” had already been replaced by the word “funder” by section 3(3) Social Security Amendment Act 2000 (2000 No 81).
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 disability 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 Income: paragraph (a)(i) of this deﬁnition was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting “or the New Zealand Superannuation Act 2001” after “Social Welfare (Transitional Provisions) Act 1990”.
Income: this deﬁnition was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.

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.
medical services: this deﬁnition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
This section applies to any person who has been assessed by a district health board as requiring home­based 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).
(2) (3) The chief executive may, from time to time, on application by or on behalf of any person to whom this section applies, assess 249 Part 1 s 69FA Social Security Act 1964 Reprinted as at 19 December 2007 in accordance with Schedule 30 the weekly amount that person is required to pay toward the cost of the home­based disability support services supplied to that person, and that person is 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 home­based 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 (a) error; 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 (b) (4) (5) (6) (7) 250 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 69FA (c) 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 no longer an accurate reﬂection of that person’s abil­ ity to pay for his or her home­based 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.
(8) In any case where the chief executive is satisﬁed that any per­ son— (a) Who has applied for an assessment under this section; (9) or (b) Whose ability to pay for home­based 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 home­based disability support services as if that deprivation had not occurred.
Every person whose ability to pay for home­based 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 home­based disability support services.

Section 69FA was inserted, as from 17 September 1997, by section 19 Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 69FA was amended, as from 15 November 2000, by section 3(3) Social Security Amendment Act 2000 (2000 No 81) by substituting “funder” wherever “purchaser” appears.

Subsection (2) was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting “district health board” for “purchaser”.

The word “purchaser” had already been replaced by the word “funder” by section 3(3) Social Security Amendment Act 2000 (2000 No 81).
Subsection (4) was substituted, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21).

251 Part 1 s 69G Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (4) was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union” in both places it appears.
Subsection (5) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

Subsection (6) was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting “applicable district health board” for “applicable purchaser”.

The word “pur­ chaser” had already been replaced by the word “funder” by section 3(3)Social Security Amendment Act 2000 (2000 No 81).
Subsections (7)(b) and (c), (8), and (9) were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Overseas pensions The heading “Overseas Pensions” was inserted, as from 2 October 1996, by section 3 Social Security Amendment Act (No 6) 1996 (1996 No 157).
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 pro­ vide 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 ob­ tain 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) 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 (b) (2) 252 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 69G New Zealand Superannuation and Retirement Income Act 2001; or (c) (b) 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 Pensions Act 1954 or under the New Zealand 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— (d) (3) 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 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 (b) 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— 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) of this section, the chief executive may— 253 Part 1 s 69G Social Security Act 1964 Reprinted as at 19 December 2007 (a) (b) Refuse to grant the beneﬁt applied for by the applicant: Suspend, from such date as the chief executive deter­ mines, the beneﬁt granted to the beneﬁciary until ei­ ther— (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) of this section,— (ii) whichever occurs ﬁrst.
(5) Where a beneﬁt has been suspended under subsection (4) of this section, the chief executive may, not less than 40 working days after the suspension, terminate the beneﬁt from such date as the chief executive determines.

Sections 69G to 69I were inserted, as from 2 October 1996, by section 3 Social Security Amendment Act (No 6) 1996 (1996 No 157).
Subsections (1) to (3) were amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Subsection (1) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting the words “or under the New Zealand Superannuation Act 2001” after the expression “Social Welfare (Transitional Provisions) Act 1990”.
Subsection (1) was amended, as from 15 April 2003, by section 12(1) War Pen­ sions Amendment Act 2003 (2003 No 18) by inserting the words “the Social Welfare (Transitional Provisions) Act 1990” after the words “or under Part 6 of the War Pensions Act 1954”.
Subsection (1) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001” in both places they appear.
254 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 69H Subsection (1)(a) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
Subsection (2)(a) to (d) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting the words “or under the New Zealand Superannuation Act 2001” after the expression “So­ cial Welfare (Transitional Provisions) Act 1990”.
Subsection (2)(a) to (d) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retire­ ment Income Act 2001” for “New Zealand Superannuation Act 2001” in both places they appear.

Subsection (2)(c) and (d) was amended, as from 26 April 2005, by section 3 So­ cial Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
Subsection (3)(a) and (b) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting the words “or under the New Zealand Superannuation Act 2001” after the expression “So­ cial Welfare (Transitional Provisions) Act 1990”.
Subsection (3)(a) and (b) were amended, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18) by inserting the words “the Social Welfare (Transitional Provisions) Act 1990” after the words “or under Part 6 of the War Pensions Act 1954”.
Subsection (3)(a) and (b) were amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retire­ ment Income Act 2001” for “New Zealand Superannuation Act 2001” in both places they appear.

Subsection (4)(b)(i) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or part­ ner” after the word “spouse”.
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment 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: The applicant: (a) The applicant’s spouse or partner: (b) 255 Part 1 s 69H Social Security Act 1964 Reprinted as at 19 December 2007 (c) Any dependant of the applicant.
(3) (2) Where an applicant does not comply with subsection (1) of this section 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 Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001 shall provide to the chief executive, as requested from time to time in a written notice given to that person by the chief executive, information estab­ lishing, 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) of this section 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 beneﬁ­ ciary until either— (a) The beneﬁciary provides information establishing, to the satisfaction of the chief executive, the rate of any overseas pension granted to the beneﬁciary or the bene­ ﬁciary’s spouse or partner or any dependant of the bene­ ﬁciary; or The beneﬁt is terminated under subsection (5) of this section,— whichever occurs ﬁrst.
(b) (5) Where a beneﬁt has been suspended under subsection (4) of this section, 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 69G to 69I were inserted, as from 2 October 1996, by section 3 Social Security Amendment Act (No 6) 1996 (1996 No 157).

(6) 256 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 69I Subsection (1) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
Subsection (1) was amended, as from 15 April 2003, by section 12(1) War Pen­ sions Amendment Act 2003 (2003 No 18) by inserting the words “or under Part 6 of the War Pensions Act 1954” after the words “the Social Welfare (Transi­ tional Provisions) Act 1990”.
Subsection (1) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001” in both places they appear.

Subsection (1)(b) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
Subsection (3) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Subsection (3) was amended, as from 15 April 2003, by section 12(1) War Pen­ sions Amendment Act 2003 (2003 No 18) by inserting the words “or under Part 6 of the War Pensions Act 1954” after the words “the Social Welfare (Transi­ tional Provisions) Act 1990”.
Subsection (3) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001” in both places they appear.

Subsections (3)(b) and (4)(a) were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment 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) of this Act.
Sections 69G to 69I were inserted, as from 2 October 1996, by section 3 Social Security Amendment Act (No 6) 1996 (1996 No 157).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
257 Part 1 s 70 Social Security Act 1964 Reprinted as at 19 December 2007 Rate of beneﬁts if overseas pension payable For the purposes of this Act, if— (a) Any person qualiﬁed to receive a beneﬁt under this Part of 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 respect 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 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 pro­ gramme providing beneﬁts, pensions, or periodical al­ lowances for any of the contingencies for which bene­ ﬁts, 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 Government of the country from which the beneﬁt, pen­ sion, or periodical allowance is received— (b) 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
 Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001 shall, subject to subsection (3) of this section, 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 pay­ ment could be made under the Injury Prevention, 70 (1) 258 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 70 Rehabilitation, and Compensation Act 2001 if the injury or death had occurred in New Zealand after the commencement of that Act; or (b) A war pension or allowance granted under the War Pensions Act 1954 of a type which would not affect any recipients entitlement to a beneﬁt in accordance with section 72 of this Act unless the pension or allowance is a pension or payment granted under Part 6 of the War Pensions Act 1954; or 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.
(c) (3) (2) Nothing in subsection (1) of this section shall preclude the chief executive from deciding the date on which its determin­ ation under paragraph (b) of, or the proviso to, the said sub­ section (1) shall take effect, which date may be a date before, on, or after the date of such determination.
In any case where paragraph (a) and paragraph (b) of subsec­ tion (1) of this section apply and the proviso to subsection (1) of this section does not apply, the chief executive may— (a) Make an arrangement with an overseas pensioner, in accordance with any regulations made under section 132C of this Act, 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) 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 259 Part 1 s 70 Social Security Act 1964 Reprinted as at 19 December 2007 (b) (iii) The chief executive has not previously ceased to make payments under paragraph (b) of this subsection because of the overseas pensioner’s failure to comply with such an arrangement; and Pay to the overseas pensioner, in accordance with an ar­ rangement made under paragraph (a) of this subsection, 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 overseas pensioner, in accordance with the arrange­ ment, an amount equivalent to the amount of the over­ seas pension 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 set­off, 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) 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 23 of the Income Tax Act 2004, a payment under subsection (3)(b) of this sec­ (3C) (4) 260 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 70 tion shall, in respect 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) of this section; and The amount of the overseas pension that that overseas pensioner is entitled to receive or has received in that period.
(b) (5) Subsections (3) and (4) of this section shall come into force on a date to be appointed by the Governor­General by Order in Council.

Section 70 was substituted by section 23 Social Security Amendment Act 1972 (1972 No 133) and section 13(1) Social Security Amendment Act 1975 (1975 No 123).

Subsection (1)(a) was substituted, as from 12 December 1985, by section 16(1) Social Security Amendment (No 2) Act 1985 (1985 No 159).
Subsection (1) was amended, as from 1 April 1994, by section 5 Social Wel­ fare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by inserting the words “or under the Social Welfare (Transitional Provisions) Act 1990”.
Subsection (1) was amended, as from 2 October 1996, by section 4(1) Social Security Amendment Act (No 6) 1996 (1996 No 157) by substituting “the rate of the beneﬁt or beneﬁts that would otherwise be payable under this Part of this Act or under the Social Welfare (Transitional Provisions) Act 1990 shall, subject to subsection (3) of this section, be reduced by the amount of such over­ seas beneﬁt, pension, or periodical allowance, or part thereof, as the case may be, being an amount determined by the Director­General in accordance with regulations made under this Act” for “the rate of the beneﬁt or beneﬁts that would otherwise be payable under this Part of this Act or under the Social Wel­ fare (Transitional Provisions) Act 1990 shall be reduced by the amount of such overseas beneﬁt, pension, or periodical allowance, or part thereof, as the case may be”.
Subsection (1) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Subsection (1) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting the words “or under the New Zealand Superannuation Act 2001” after the expression “Social Welfare (Transitional Provisions) Act 1990”.
261 Part 1 s 70 Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (1) was amended, as from 15 April 2003, by section 12(1) War Pen­ sions Amendment Act 2003 (2003 No 18) by inserting the words “unless the pension or allowance is a pension or payment granted under Part 6 of the War Pensions Act 1954” after the words “section 72 of this Act”.
Subsection (1) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001” wherever they appear.
Subsection (1)(a) was amended, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18) by inserting the words “or Part 6 of the War Pensions Act 1954” after the words “the Social Welfare (Transitional Provisions) Act 1990”.

Subsection (1)(a) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse” in both places it appears.
Subsection (1) proviso was substituted, as from 12 December 1985, by section 16(2) Social Security Amendment (No 2) Act 1985 (1985 No 159).

Subsection (1) proviso was amended by section 2(3)(b) Social Security Amend­ ment Act 1987 (1987 No 106) by substituting “Director­General” for “Com­ mission”.

Subsection (1) proviso paragraph (a) was substituted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114).
Subsection (1) proviso paragraph (a) was amended, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49) by substituting “the Injury Prevention, Rehabilitation, and Com­ pensation Act 2001” for “the Accident Insurance Act 1998”.

See Part 10 of that Act for provisions relating to transition from competitive provision of work­ place accident insurance.
See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.

Subsection (3) was inserted, as from 7 November 1996, by section 4(2) Social Security Amendment Act (No 6) 1996 (1996 No 157).

See clause 2 Social Security (Alternative Arrangements for Overseas Pensions) Commencement Order 1996 (SR 1996/316).
Subsection (3)(a) and (b) was amended, as from 1 July 1998, by section 2(3) So­ cial Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Subsection (3)(a) and (b) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting the words “or under the New Zealand Superannuation Act 2001” after the expression “So­ cial Welfare (Transitional Provisions) Act 1990”.
Subsection (3)(a) and (b) was amended, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18) by inserting the words “or Part 6 of the War Pensions Act 1954” after the words “the Social Welfare (Transitional Provisions) Act 1990”.
Subsection (3)(a) and (b) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retire­ ment Income Act 2001” for “New Zealand Superannuation Act 2001”.

262 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 70A Subsection (3A) was inserted, as from 7 November 1996, by section 2(1) Social Security (Overseas Pensions) Amendment Act 1998 (1998 No 10).
Subsection (3B) was inserted, as from 28 March 1998, by section 2(2) Social Security (Overseas Pensions) Amendment Act 1998 (1998 No 10).

Subsection (3C) was inserted, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84).
Subsection (3C) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.

Subsection (4) was inserted, as from 7 November 1996, by section 4(2) Social Security Amendment Act (No 6) 1996 (1996 No 157).
See clause 2 Social Security (Alternative Arrangements for Overseas Pensions) Commencement Order 1996 (SR 1996/316).

Subsection (4) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting “section CW 23 of the Income Tax Act 2004” for “section CB 5(1)(a) and (f) and Subpart JB of the Income Tax Act 1994”.
Subsection (4)(a) was amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Subsection (4)(a) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting the words “or under the New Zealand Superannuation Act 2001” after the expression “Social Welfare (Transitional Provisions) Act 1990”.
Subsection (4)(a) was amended, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18) by inserting the words “or Part 6 of the War Pensions Act 1954” after the words “the Social Welfare (Transitional Provisions) Act 1990”.
Subsection (4)(a) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.

Subsection (5) was inserted, as from 2 October 1996, by section 4(2) Social Security Amendment Act (No 6) 1996 (1996 No 157).
The words “Director­General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
70A Rates of beneﬁts for sole parents may be reduced (1) This section applies to any beneﬁciary— (a) Who is a sole parent; and (b) Who is in receipt of one of the following beneﬁts: 263 Part 1 s 70A Social Security Act 1964 Reprinted as at 19 December 2007 (i) A domestic purposes beneﬁt granted under sec­ tion 27B of this Act; or (ii) A widow’s beneﬁt granted, on an application made after the 24th day of July 1990, under section 21 of this Act; or (iii) An invalid’s beneﬁt granted, on an application made after the 24th day of July 1990, under sec­ tion 40 of this Act; or (iiia) a sickness beneﬁt; or an unemployment beneﬁt; or (va) (iv) (v) (vi) An emergency beneﬁt granted, on an application made after the 31st day of July 1991, under sec­ tion 61 of this Act; 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) 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) Whose other parent has not been identiﬁed in law; or (b) Whose other parent has not been named in an applica­ tion for formula assessment of child support under the Child Support Act 1991 as a liable parent from whom child support is sought; or (c) Whose other parent the beneﬁciary has failed or refused to testify against as required under section 122 of the Child Support Act 1991,— by an amount equal to $22.
(2) 264 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 70A (3) Subsection (2) of this section shall not apply if the chief ex­ ecutive is satisﬁed that— (a) 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.
(b) (ba) (bb) (c) (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) (6) (5) 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) 265 Part 1 s 70A Social Security Act 1964 Reprinted as at 19 December 2007 (7) A further reduction made under subsection (5) to a beneﬁ­ ciary’s rate of beneﬁt must not exceed $6, regardless of the 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 was inserted, as from 25 July 1990, by section 18 Social Security Amendment Act (No 2) Act 1990 (1990 No 74).

Section 70A was substituted, as from 1 July 1992, by section 9(1) Social Secur­ ity Amendment (No 5) Act 1991 (1991 No 143).
Subsection (1)(b)(iiia) was inserted, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Subsection (1)(b)(iiia) was repealed, as from 15 April 2005, by section 7(1) So­ cial Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Subsection (1)(b)(iv) was substituted, as from 1 October 1998, by section 45 So­ cial Security Amendment Act 1998 (1998 No 19).
Subsection (1)(b)(iv) was substituted, as from 1 July 2001, by section 15(8) So­ cial Security Amendment Act 2001 (2001 No 1).

Subsection (1)(b)(v) was amended, as from 1 January 1998, by section 10(1) So­ cial Security Amendment Act (No 3) 1997 (1997 No 23) by inserting the words “or payable pursuant to section 58(3)”.

Subsection (1)(b)(va) was inserted, as from 1 January 1998, by section 10(1) So­ cial Security Amendment Act (No 3) 1997 (1997 No 23).
Subsection (1)(b)(v) and (va) were repealed, as from 1 October 1998, by section 45 Social Security Amendment Act 1998 (1998 No 19).

A new subsection (1)(b)(v) was inserted, as from 1 July 2001, by section 15(8) Social Security Amendment Act 2001 (2001 No 1).

Subsection (1)(c) was substituted, as from 15 April 2005, by section 7(2) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).
Subsection (2) was amended, as from 1 October 1993, by section 92(5) In­ come Tax Amendment (No 3) Act 1993 (1993 No 130) by substituting the ﬁg­ ure “$22” for “the second of the amount in dollar terms expressed in section 374D of the Income Tax Act 1976”.

Subsection (2) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “section KD 2(1) of the Income Tax Act 1994” for “section 374D(2) of the Income Tax Act 1976”.
That amendment was in error as the section did not read “section 374D(2) of the Income Tax Act 1976” at that time.

Subsection (2) was amended, as from 10 April 1995, by section 55(a) Income Tax Act 1994 Amendment (No 2) Act 1995 (1995 No 21) by repealing the pro­ 266 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 70B vision of the Income Tax Act 1994 relating to s 70A(2) of this Act, and treating those items as though they had never been enacted.
Subsection (3)(ba) and (bb) was inserted, as from 1 July 2005, by section 7(3) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Subsection (4) was substituted, as from 15 April 2005, by section 7(4) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Subsections (5) to (9) were inserted, as from 15 April 2005, by section 7(4) So­ cial Security (Social Assistance) Amendment Act 2005 (2005 No 30).
See sec­ tion 7(5) of that Act as to reductions made under the new section 70A(5).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
70B Entitlement to beneﬁts in cases of shared custody (1) If the parents of a dependent child— (a) Are living apart; and (b) Are both beneﬁciaries; and (c) Each has the primary responsibility for the care of that child for at least 40 percent of the time— (2) 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 (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 (d) (c) (3) (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 267 Part 1 s 71 Social Security Act 1964 Reprinted as at 19 December 2007 (4) 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 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 was inserted, as from 1 October 1991, by section 18(1) Social Security Amendment (No 2) Act 1991 (1991 No 78).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment 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, 268 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 71 (2) 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 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 Injury Prevention, Rehabilitation, and Compensation Act 2001.
Compare: 1938 No 7 s 74; 1949 No 38 s 19 Subsection (1) was amended, as from 1 March 1991, by section 25 Social Se­ curity Amendment Act 1991 (1991 No 1) by inserting the words “or due to wrongful or unjustiﬁable dismissal”.

Subsection (1) was amended, as from 30 June 1993, by section 16(a) Social Security Amendment Act (No 3) 1991 (1991 No 1) by substituting “disease or in respect of” for “disease or due to”.
Subsection (1) was amended, as from 30 June 1993, by section 16(b) Social Security Amendment Act (No 3) 1991 (1991 No 1) by inserting the words “or loss of expectation of employment”.

Subsection (1) was amended, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by in­ serting the words “or the Social Welfare (Transitional Provisions) Act 1990”.
Subsection (1) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
Subsection (1) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting after the expres­ sion “Social Welfare (Transitional Provisions) Act 1990”, the words “or the New Zealand Superannuation Act 2001” Subsection (1) was amended, as from 15 April 2003, by section 12(1) War Pen­ sions Amendment Act 2003 (2003 No 18) by inserting the words “or Part 6 of the War Pensions Act 1954” after the words “the Social Welfare (Transitional Provisions) Act 1990”.
Subsection (1) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.
269 Part 1 s 71A Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (2) was amended, as from 1 April 2002, by section 337(1) Injury Pre­ vention, Rehabilitation, and Compensation Act 2001 (2001 No 49) by adding the words “; but does not include any impairment lump sum received under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001”.

See Part 10 of that Act for provisions relating to transition from com­ petitive provision of workplace accident insurance.
See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.

The words “Director­General” were substituted, as from 23 June 1987, for the words “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
71A Deduction of weekly compensation from income­tested (1) beneﬁts Subject to subsection (4), this section applies to a person who is qualiﬁed to receive an income­tested 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 compensation 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 com­ pensation.
(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 cap­ acity payable to the person by the Corporation under the Injury Prevention, Rehabilitation, and Compensation Act 2001.
Subsection (2) does not apply where the person— (a) Was receiving the income­tested beneﬁt immediately before 1 July 1999 and continues to receive that beneﬁt; and (4) (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 270 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 71A (c) Section 71A(2) of this Act (as it was before it was repealed and substituted 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 was inserted, as from 1 November 1976, by section 21(1) Social Security Amendment Act 1976 (1976 No 40).

Subsection (1) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Subsection (1)(a) was amended, as from 23 December 1977, by section 13(1) and (2) Social Security Amendment Act (No 2) 1977 (1977 No 133) by inserting the words “domestic purposes”.
Subsection (1)(a) was amended, as from 1 July 1992, by section 172(1)(a) Ac­ cident Rehabilitation and Compensation Insurance Act 1992 (1992 No 13) by substituting “compensation for loss of earnings or loss of potential earning cap­ acity under the Accident Rehabilitation and Compensation Insurance Act 1992” for “earnings related compensation within the meaning of section 2 of the Ac­ cident Compensation Act 1982”.
Subsection (1)(a) was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting the words “or an independent youth beneﬁt on the ground speciﬁed in section 60F(1)(c)(i),”.

Subsection (1)(a) was amended, as from 1 October 1998, by section 46(a) Social Security Amendment Act 1998 (1998 No 19) by substituting “a community wage on the grounds of sickness, injury, or disability, or an” for “a sickness”.
Subsection (1)(b) was amended, as from 23 December 1977, by section 13(1) and (2) Social Security Amendment Act (No 2) 1977 (1977 No 133) by inserting the words “domestic purposes”.

Subsection (1)(b) was amended, as from 1 July 1992, by section 172(1)(b) Ac­ cident Rehabilitation and Compensation Insurance Act 1992 (1992 No 13) by substituting “compensation for loss of earnings or loss of potential earnings or loss of potential earning capacity” for “earnings related compensation”.
Subsection (1)(b) was amended, as from 1 October 1998, by section 46(a) Social Security Amendment Act 1998 (1998 No 19) by substituting “a community wage on the grounds of sickness, injury, or disability, or an” for “a sickness”.

Subsection (1)(c) was amended, as from 1 July 1992, by section 172(1)(c) Ac­ cident Rehabilitation and Compensation Insurance Act 1992 (1992 No 13) by substituting “compensation for loss of earnings and loss of potential earning capacity” for “earnings related compensation”.
Subsection (2) was amended, as from 23 December 1977, by section 13(1) and (2) Social Security Amendment Act (No 2) 1977 (1977 No 133) by inserting the words “domestic purposes”.

Subsection (2) was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting the words “independent youth,”.
271 Part 1 s 72 Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (2) was amended, as from 1 October 1998, by section 46(b) Social Security Amendment Act 1998 (1998 No 19) by substituting “an independent youth beneﬁt, or a community wage on the grounds of sickness, injury, or dis­ ability, or an” for “a sickness, independent youth,”.
The words “Director­General” were substituted, as from 23 June 1987, for the words “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

As from 1 October 1998, all references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 71A was substituted, as from 1 July 1999, section 415(1) Accident In­ surance Act 1998 (1998 No 114).
Subsection (1) was amended, as from 15 April 2003, by section 12(1) War Pen­ sions Amendment Act 2003 (2003 No 18) by inserting the words “unless the veteran’s pension would be subject to abatement under section 74D of the War Pensions Act 1954” after the words “veteran’s pension”.

Subsection (1)(a) and (b) were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
Subsection (3) was substituted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).

See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance.

See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.
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, and 69C: [Repealed] (b) 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) 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.
(ia) (ii) 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 272 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 72 or of the Emergency Reserve Corps or of the New Zealand mercantile marine; or (iii) 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: [Repealed] 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 independ­ ent youth beneﬁt on the ground speciﬁed in section 60F(1)(c)(i), or a child disability allowance, in addition to a child’s pension under section 36, section 62, or sec­ tion 65 of the War Pensions Act 1954: (c) 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 was amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Paragraph (a) was substituted, as from 11 October 1978, by section 21(1) Social Security Amendment Act 1978 (1978 No 58).
Paragraph (a) was amended, as from 1 October 1986, by section 14(4) Social Se­ curity Amendment Act 1986 (1986 No 39) by omitting the expression “61A”.

Paragraph (a) was amended, as from 1 April 1991, by section 26 Social Security Amendment Act 1991 (1991 No 1) by omitting the proviso.

Paragraph (a) was amended, as from 26 October 1992, by section 5 Social Se­ curity Amendment Act (No 3) 1992 (1992 No 80) by inserting the expression “61FA”.
See regulation 2 Social Security Amendment Act Commencement Order 1992 (SR 1992/295) as to that section coming into force on 26 October 1992.

Paragraph (a) was substituted, as from 3 June 1998, by section 7 Social Security Amendment Act (No 2) 1998 (1998 No 60).
273 Part 1 s 72 Social Security Act 1964 Reprinted as at 19 December 2007 Paragraph (a) was amended, as from 17 November 2000, by section 7(1) Hous­ ing Restructuring (Income­Related Rents) Amendment Act 2000 (2000 No 22) by omitting the expression “61FA, 61FC”.

See clause 2 Housing Restructuring (Income­Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).
Paragraph (b)(i) was amended, as from 1 April 1990, by section 14(11)(a) So­ cial Welfare (Transitional Provisions) Act 1990 (1990 No 26) by omitting (as amended by s 16(a) War Pensions Amendment Act (No 2) 1970) “(not being an economic pension or a war service pension or a war veteran’s allowance)”.

Paragraph (b)(ia) was inserted, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18).
Paragraph (b)(ii) was amended, as from 20 October 1972, by section 24(2) So­ cial Security Amendment Act 1972 (1972 No 133) by substituting “or a mother’s allowance” for “not being a mother’s allowance” Paragraph (b)(iii) was amended, as from 7 June 1967, by section 2(a) Social Security Amendment Act 1967 (1967 No 4) by inserting the word “or”.

Paragraph (b) ﬁrst proviso was repealed, as from 1 April 1990, by section 14(11)(b) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Paragraph (b) second proviso was inserted, as from 20 October 1972, by section 24(3) Social Security Amendment Act 1972 (1972 No 133).

Paragraph (b) the second proviso was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting the words “, or an independent youth beneﬁt on the ground speciﬁed in section 60F(1)(c)(i),”.
Paragraph (b) second proviso was amended, as from 1 September 1998, by sec­ tion 12(4)(c) Social Security Amendment Act 1998 (1998 No 19) by substitut­ ing “child’s disability allowance” for “handicapped child’s allowance”.

Paragraph (b) the second proviso was amended, as from 1 October 1998, by section 47 Social Security Amendment Act 1998 (1998 No 19) by substituting “a community wage on the grounds of sickness, injury, or disability,” for “a sickness beneﬁt”.
Paragraph (b) second proviso was amended, as from 1 July 2001, by section 15(1)(d) Social Security Amendment Act 2001 (2001 No 1) by substituting “sickness beneﬁt” for “community wage on the grounds of sickness, injury, or disability”.

Paragraph (b) third proviso was inserted, as from 20 October 1972, by section 24(3) Social Security Amendment Act 1972 (1972 No 133).
Paragraph (b) third proviso was amended, as from 11 October 1978, by sec­ tion 21(2) Social Security Amendment Act 1978 (1978 No 58) by inserting the words “or a handicapped child’s allowance,”.

Paragraph (c) was substituted, as from 1 April 1990, by section 14(11)(c) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Paragraph (c) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse” in both places where it appears.
274 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 73 73 Limitation where applicant entitled to claim under Family Protection Act 1955 or Maori Affairs Act 1953 (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 or under Part 11 of the Maori Affairs Act 1953 for a share in or further provision 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 or under Part 11 of the Maori Affairs Act 1953 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 or Part 11 of the Maori Affairs Act 1953.
Compare: 1950 No 49 s 18 (2) (3) Subsection (1) was amended, as from 1 April 1990, by section 14(13) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting “or a veteran’s pension” for “national superannuation”.

Subsection (1) was amended, as from 1 April 1991, by section 27 Social Secur­ ity Amendment Act 1991 (1991 No 1) by substituting “or a miner’s widow’s beneﬁt” for “a miner’s widow’s beneﬁt, or a family beneﬁt”.
Subsection (1) was amended, as from 30 June 1993, by section 5(3)(e) Social Security Amendment Act (No 3) 1993 (1993 No 57) by omitting “a miner’s beneﬁt, or a miner’s widow’s beneﬁt”.

Subsection (1) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
275 Part 1 s 74 Social Security Act 1964 Reprinted as at 19 December 2007 The words “Director­General” were substituted, as from 23 June 1987, for the words “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for the words “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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) That the applicant, or the spouse or partner of the ap­ plicant or any person in respect of whom the beneﬁt or any part of the beneﬁt is or would be payable, is not or­ dinarily resident in New Zealand; or (b) (c) 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.
(d) (e) (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 Injury Prevention, Rehabilitation, and (2) 276 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 74 Compensation Act 2001, or from 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 Paragraphs (b) and (c) were repealed by section 25 Social Security Amendment Act 1972 (1972 No 133).

Section 74 was amended, as from 23 December 1977, by section 15 Social Security Amendment (No 2) Act 1977 (1977 No 133) by inserting the words “or reduce”.
Section 74 was amended, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by in­ serting the words “or the Social Welfare (Transitional Provisions) Act 1990.” Section 74 was amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
Section 74 was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting the words “or the New Zealand Superannuation Act 2001” after the expression “Social Welfare (Tran­ sitional Provisions) Act 1990”.

Section 74 was amended, as from 15 April 2003, by section 12(1) War Pen­ sions Amendment Act 2003 (2003 No 18) by inserting the words “or Part 6 of the War Pensions Act 1954” after the words “the Social Welfare (Transitional Provisions) Act 1990”.
Subsection (1) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.

Subsection (1A) was inserted, as from 2 July 2007, by section 9 Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.
Subsection (1)(a) was amended, as from 1 April 1991, by section 28 Social Security Amendment Act 1991 (1991 No 1) by omitting “(or, in the case of a family beneﬁt, the father or the mother of the child)”.

Subsection (1)(a) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by substituting “spouse or partner” for “wife or husband”.
277 Part 1 s 74AA Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (1)(b) and (c) were repealed, as from 20 October 1972, by section 25 Social Security Amendment Act 1972 (1972 No 133).

Subsection (1)(e) was inserted, as from 14 November 1973, by section 12 Social Security Amendment Act 1973 (1973 No 34).
Subsection (1)(e) was amended, as from 31 August 1974, by section 8 Social Security Amendment Act 1974 (1974 No 46) by inserting the words “or has foregone her rights to any maintenance”.

Subsection (1)(e) was amended, as from 1 July 1992, by section 10 Social Secur­ ity Amendment Act (No 5) 1991 (1991 No 143) by omitting “or her children”.

The reference in subsection (1)(e) to the “Family Proceedings Act 1980” re­ placed an earlier reference to the “Domestic Proceedings Act 1968”.
Subsection (2) was inserted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).

See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance.

See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.
The words “Director­General” were substituted, as from 23 June 1987, for the words “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

The words “in the Director­General’s discretion” were substituted, as from 23 June 1987, for the words “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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) is a New Zealand citizen, or is a person who— (i) holds or is deemed to hold a residence permit under the Immigration Act 1987; or is exempt from holding a residence permit under section 12 of that Act; and (ii) (b) (c) is ordinarily resident in New Zealand when he or she ﬁrst applies for the beneﬁt; and except in the case of a person who has refugee status under the Immigration Act 1987, has resided continu­ ously 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.
278 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 74A (2) 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 was inserted, as from 2 July 2007, by section 10(1) Social Se­ curity Amendment Act 2007 (2007 No 20).

See section 20 of that Act for tran­ sitional arrangements for ﬁnancially disadvantaged people.
74A Persons unlawfully resident or present in New Zealand (1) A person who is— (a) (b) Unlawfully resident or present in New Zealand; or Lawfully resident or present in New Zealand but only by virtue of— (i) A visitor’s permit; or (ia) A limited purpose permit; or (ii) A temporary work permit; or (iii) A permit to be in New Zealand for the purposes of study at a New Zealand school or university or other tertiary educational establishment— shall not be entitled to receive a beneﬁt, but the chief executive may grant an emergency beneﬁt under section 61 of this Act or temporary additional support under section 61G, or may continue, under section 23 of the Social Security (Working for Families) Amendment Act 2004, a special beneﬁt already granted to any such person if the chief executive is satisﬁed that the person is either— (c) A person lawfully present in New Zealand who is await­ ing the outcome of his or her application for refugee sta­ tus in New Zealand; or (d) A person who has refugee status in New Zealand; or (e) A person applying for a residence permit under the Immigration Act 1987 who is compelled to remain in New Zealand through some unforeseen circumstances.
(2) 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 (b) 279 Part 1 s 74A Social Security Act 1964 Reprinted as at 19 December 2007 the person’s income and assets in determining the rate of beneﬁt payable to the person.
(3) Subsection (2) applies to— (a) (b) 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 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) (ii) unlawfully resident or present in New Zealand; or lawfully resident or present in New Zealand, but only by virtue of one of the permits listed in para­ graph (b) of subsection (1).
(4) Despite subsection (3)(b)(ii), subsection (2) does not apply to a person described in any of paragraphs (c), (d), or (e) of sub­ section (1).

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 was inserted, as from 1 March 1991, by section 29 Social Security Amendment Act 1991 (1991 No 1) (5) Subsection (1) was amended, as from 30 June 1993, by section 17(1) Social Se­ curity Amendment Act (No 3) 1993 (1993 No 57) by omitting “is in the process of applying for a residence permit under section 17(2) of the Immigration Act 1987, and”.
Subsection (1) was amended, as from 1 April 2006, by section 21 Social Secur­ ity (Working for Families) Amendment Act 2004 (2004 No 51) by substituting “temporary additional support under section 61G, or may continue, under sec­ tion 23 of the Social Security (Working for Families) Amendment Act 2004, a special beneﬁt already granted” for “a special beneﬁt under section 61G of this Act”.

See sections 23 to 25 of that Act as to the transitional provisions.
Subsection (1)(b)(ia) was inserted, as from 1 October 1999, by section 61 Im­ migration Amendment Act 1999 (1999 No 16).

280 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 74A Subsection (1)(c) was substituted, as from 1 April 1994, by section 17(2) Social Security Amendment Act (No 3) 1993 (1993 No 57).
Subsection (1) was amended, as from 1 April 1994, by section 5 Social Wel­ fare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by omitting “under this Part of this Act”.

Subsection (1)(d) was substituted and subsection (1)(e) was inserted, as from 30 June 1993, by section 17(2) Social Security Amendment Act (No 3) 1993 (1993 No 57).
Subsection (2) was amended, as from 1 April 1994, by section 5 Social Wel­ fare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by substituting “the Social Welfare (Transitional Provisions) Act 1990” for “any Schedule to this Act”.

Subsection (2) was substituted, as from 8 August 2001, by section 3 Social Security Amendment Act (No 2) 2001 (2001 No 44).

Subsection (2)(a) was substituted, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).
Subsection (2)(a) was amended, as from 1 April 2007, by section 5 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting “or in a de facto rela­ tionship” after “union”.

Subsection (2)(b) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

Subsections (3) to (5) were inserted, as from 8 August 2001, by section 3 Social Security Amendment Act (No 2) 2001 (2001 No 44).
Subsection (3)(a) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “, or in a civil union with,” after “married to”.

Subsection (3)(a) was amended, as from 1 April 2007, by section 5 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting “or in a de facto rela­ tionship” after “union”.
Subsection (3)(b) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “person who is married or in a civil union” for “married person”.

Subsection (3)(b) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “married to, or in a civil union with, a person” for “Married to a person”.
Subsection (3)(b) was amended, as from 1 April 2007, by section 5 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting “or in a de facto rela­ tionship” after “union” in both places it appears.

Subsection (5) was amended, as from 15 April 2003, by section 12(1) War Pen­ sions Amendment Act 2003 (2003 No 18) by inserting “or the New Zealand Superannuation Act 2001 or Part 6 of the War Pensions Act 1954” after “the Social Welfare (Transitional Provisions) Act 1990”.
Subsection (5) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.
281 Part 1 s 75 Social Security Act 1964 Reprinted as at 19 December 2007 As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

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) of this section applies (other than a person in receipt of, or entitled to receive, a vet­ eran’s pension or a person who is a resident assessed as re­ quiring 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 of the 14th week of hospitalisation, sub­ ject to subsection (4) of this section, shall be the rate speciﬁed in Schedule 22 to this Act.
(3) (4) Notwithstanding the provisions of subsection (3) of this sec­ tion, the chief executive may in the chief executive’s discre­ tion— (a) Pay to any patient to whom that subsection applies a higher rate than the rate speciﬁed in the Twenty­sec­ ond Schedule to this Act after having regard to the pa­ tient’s personal ﬁnancial circumstances; or Pay to any such patient a lower rate than the rate so speciﬁed after having regard to the patient’s capacity to appreciate the payments.
(b) 282 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 75 (5) 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 was substituted, as from 28 September 1982, by section 12(1) Social Security Amendment Act 1982 (1982 No 16).

Section 75 was amended, as from 15 November 2000, by section 3(3) Social Security Amendment Act 2000 (2000 No 81) by substituting “funder” wherever “purchaser” appears.

Section 75 was amended, as from 15 November 2000, by section 3(4) Social Security Amendment Act 2000 (2000 No 81) by substituting “funded” wher­ ever “purchased” appears.
Subsection (1) was amended, as from 15 November 2000, by section 3(4) So­ cial Security Amendment Act 2000 (2000 No 81) by substituting “operated by a hospital and health service within the meaning of the Health and Disability Services Act 1993” for “maintained by a Hospital Board under the Hospitals Act 1957”.
283 Part 1 s 75 Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (1) was substituted, as from 1 October 2002 by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93).

See section 11 of that Act for transitional provisions.
Subsection (1) was amended, as from 1 July 2005, by section 13(1) Social Se­ curity (Long­term Residential Care) Amendment Act 2004 (2004 No 101) by omitting “care institution (within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001)”.

See sections 7 to 11 of that Act for the transitional provisions.
Subsection (2) was amended, as from 1 April 1991, by section 30 Social Secur­ ity Amendment Act 1991 (1991 No 1) by substituting “an unsupported child’s beneﬁt” for “a family beneﬁt”.

Subsection (2) was amended, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by insert­ ing “or in the Social Welfare (Transitional Provisions) Act 1990” and omitting “under this Part of this Act”.
Subsection (2) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Subsection (2) was amended, as from 15 April 2003, by section 12(1) War Pen­ sions Amendment Act 2003 (2003 No 18) by inserting “or Part 6 of the War Pen­ sions Act 1954” after “the Social Welfare (Transitional Provisions) Act 1990”.
Subsection (2) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by substituting “person who is married or in a civil union and who has” for “married person with”.

Subsection (2) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by substituting “a single” for “an unmarried”.
Subsection (2) was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.

Subsection (3) was substituted, as from 6 November 1985, by section 17(1) Social Security Amendment Act (No 2) 1985 (1985 No 159).
Subsection (3) was amended, as from 1 April 1990, by section 14(14) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) by inserting “(other than a person in receipt of, or entitled to receive, a veteran’s pension)”.
Subsection (3) was amended, as from 30 June 1993, by section 18 Social Secur­ ity Amendment Act (No 3) 1993 (1993 No 57) by inserting “or a person who is a patient in a hospital receiving residential care disability services which have been purchased by or with the assistance of a purchaser, and whose ﬁnancial means to pay for those services have been assessed under section 69F of this Act”.
Subsection (3) was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting “that are wholly or partly funded under the New Zealand Public Health and Disability Act 2000” for “which have been purchased by or with the assistance of a purchaser”.

The words “purchased” and “purchaser” had already been replaced by the words “funded” and “funder”, respectively, by section 3 Social Security Amendment Act 2000 (2000 No 81).
284 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 75 Subsection (3) was amended, as from 1 July 2005, by section 4(3) Social Se­ curity (Long­term Residential Care) Amendment Act 2004 (2004 No 101) by substituting “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” for “a person who is a patient in a hospital receiving residential care disability services that are wholly or partly funded under the New Zealand Public Health and Disability Act 2000, and whose ﬁ­ nancial means to pay for those services have been assessed under section 69F of this Act”.
See sections 7 to 11 of that Act for the transitional provisions.

Subsection (4)(a) was amended, as from 6 November 1985, by section 17(2)(a) Social Security Amendment Act (No 2) 1985 (1985 No 159) by substituting “the rate speciﬁed in Schedule 22 to this Act” for “$10 a week” Subsection (4)(b) was amended, as from 6 November 1985, by section 17(2)(b) Social Security Amendment (No 2) Act 1985 (1985 No 159) by substituting “the rate so speciﬁed” for “$10 a week”.
Subsection (5) was substituted, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21).

Subsection (5) was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union” in both places it appears.
Subsection (7) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by substituting “a single person or a couple who are married or in a civil union” for “an unmarried person or a married couple”.

Subsection (7) was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.
Subsection (8) was inserted, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84).

Subsection (8) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.
The words “Director­General” were substituted for “Commission”, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

The words “in the Director­General’s discretion” were substituted for the words “in its discretion”, as from 23 June 1987, pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
285 Part 1 s 75A Social Security Act 1964 Reprinted as at 19 December 2007 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 was inserted, as from 14 October 1981, by section 12 Social Se­ curity Amendment Act 1981 (1981 No 46).

The words “Director­General” were substituted, as from 23 June 1987, for the words “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
The words “a psychiatric security institution within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992” were substituted, as from 1 November 1992, for “a psychiatric hospital within the meaning of the Mental Health Act 1969” pursuant to section 137(1) Mental Health (Compul­ sory Assessment and Treatment) Act 1992 (1992 No 46).
Section 75A was amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Forfeiture of beneﬁt during detention in a prison Except as provided in subsection (2) or subsection (3) of this section, a beneﬁt 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 impris­ onment, preventive 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) 286 Reprinted as at 19 December 2007 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) of this Act 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 was substituted, as from 28 September 1982, by section 13(1) Social Security Amendment Act 1982 (1982 No 16).
The heading to section 76 was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting “prison” for “penal institution”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

The words “Director­General” were substituted for “Commission”, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
The words “in the Director­General’s discretion” were substituted for the words “in its discretion”, as from 23 June 1987, pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).

Subsection (1) was amended, as from 30 June 1993, by section 19(1) Social Security Amendment Act 1993 (1993 No 57) by inserting the words “, or is an escapee from,”.
Subsection (1) was amended, as from 1 June 2005, by section 206 Correc­ tions Act 2004 (2004 No 50) by substituting “prison” for “penal institution, 287 Part 1 s 77 Social Security Act 1964 Reprinted as at 19 December 2007 as deﬁned in the Penal Institutions Act 1954”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Subsection (2) was amended, as from 1 April 1990, by section 14(15) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting “or a veteran’s pension” for “national superannuation”.

Subsection (3) was amended, as from 30 June 1993, by section 19(2) Social Security Amendment Act 1993 (1993 No 57) by inserting the words “or who has escaped from such imprisonment or detention,”.
Subsection (3) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse” in both places it appears.

Subsection (5) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting “prison” for “penal institution”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Subsection (6) was inserted, as from 1 September 1993, by section 3 Social Security Amendment Act 1993 (1993 No 45).

Subsection (6) was repealed, as from 30 June 2002, by section 125 Parole Act 2002 (2002 No 10).

See clause 2 Parole Act Commencement Order 2002 (SR 2002/177).

A second subsection (6) was inserted, as from 30 June 1993, by section 19(3) Social Security Amendment Act 1993 (1993 No 57).
Subsection (6) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting “prison” for “penal institution”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Subsection (6) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting “Corrections Act 2004” for “Penal Institutions Act 1954”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
77 (1) Effect of absence of beneﬁciary from New Zealand Except as provided in this section or in any agreement or convention adopted under section 19 of the Social Welfare (Transitional 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 work­tested beneﬁciary, or an independent youth beneﬁt) that would otherwise be payable to a beneﬁciary shall be payable in 288 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 77 (3) 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 work­tested 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— That the requirements set out in subsection (2) have (a) been met; or That for humanitarian reasons the beneﬁciary is re­ quired to be absent from New Zealand.
(b) (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 work­tested 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 personal development and employment plan; and the person could not obtain the training in New Zealand during the period or periods of absence.
(ii) 289 Part 1 s 77 Social Security Act 1964 Reprinted as at 19 December 2007 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) of this section, the person’s absence shall be regarded as having commenced on the day he or she would have become so entitled.
The words “chief executive” were substituted for “Commission”, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

The words “in the chief executive’s discretion” were substituted for the words “in its discretion”, as from 23 June 1987, pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).
The words “Ministry of Health” were substituted, as from 1 July 1993, for “Department of Health” pursuant to section 38(3)(a) Health Amendment Act 1993 (1993 No 24).

Section 77 was substituted, as from 1 August 1991, by section 19(1) Social Security Amendment (No 2) Act 1991 (1991 No 78).
Subsection (1) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting after “Social Wel­ fare (Transitional Provisions) Act 1990”, “or in sections 21 to 29 of the New Zealand Superannuation Act 2001” Subsection (1) was substituted, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18).
Subsection (1) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.

Subsection (2) was substituted, as from 1 July 1993, by section 2(1) Social Security Amendment Act (No 2) 1996 (1996 No 42).

See section 2(2) of that Act as to the transitional provisions.
Section 77(2): amended, on 24 September 2007, by section 28(3) of the Social Security Amendment Act 2007 (2007 No 20).

Subsection (2) was amended, as from 1 April 1997, by section 33(1) Social Se­ curity Amendment Act 1996 (1996 No 20) by inserting “, or a widow’s beneﬁt or a domestic purposes beneﬁt for a work­tested beneﬁciary,”.
Subsection (2) was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by substituting “young job seeker’s allowance” for “job search allowance”.
Subsection (2) was amended, as from 1 October 1998, by section 48(1) Social Security Amendment Act 1998 (1998 No 19) by substituting “a community wage, an emergency beneﬁt, an independent youth beneﬁt, or a widow’s beneﬁt or domestic purposes beneﬁt for a work­tested beneﬁciary” for “a sickness, training, unemployment, independent youth, or emergency beneﬁt, or a widow’s beneﬁt or a domestic purposes beneﬁt for a work­tested beneﬁciary, or a young job seeker’s allowance”.
(5) 290 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 77 Subsection (2) was amended, as from 1 February 1999, by section 75(1) So­ cial Security Amendment Act 1998 (1998 No 19) by inserting the words “or invalid’s beneﬁt,”.

Subsection (2) was amended, as from 1 July 2001, by section 15(3)(d) Social Security Amendment Act 2001 (2001 No 1) by substituting “an unemployment beneﬁt or a sickness beneﬁt” for “a community wage”.
Subsection (2) was amended, as from 10 March 2003, by section 14 Social Se­ curity (Personal Development And Employment) Amendment Act 2002 (2002 No 28) by omitting “or a widow’s beneﬁt or domestic purposes beneﬁt”.

Subsection (3) was substituted, as from 1 July 1993, by section 2(1) Social Security Amendment Act (No 2) 1996 (1996 No 42).

See section 2(2) of that Act as to the transitional provisions.
Subsection (3) was substituted, as from 1 April 1997, by section 33(2) 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).

Subsection (3) was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by substituting “young job seeker’s allowance” for “job search allowance”.
Subsection (3) was amended, as from 1 October 1998, by section 48(2) So­ cial Security Amendment Act 1998 (1998 No 19) by substituting “a commu­ nity wage, an emergency beneﬁt, an independent youth beneﬁt, or a widow’s beneﬁt or domestic purposes beneﬁt for a work­tested beneﬁciary” for “a sick­ ness, training, unemployment, independent youth, or an emergency beneﬁt, or a widow’s beneﬁt or a domestic purposes beneﬁt for a work­tested beneﬁciary, or a young job seeker’s allowance”.
Subsection (3) was amended, as from 1 February 1999, by section 75(2) So­ cial Security Amendment Act 1998 (1998 No 19) by inserting the words “or invalid’s beneﬁt,”.

Subsection (3) was amended, as from 1 July 2001, by section 15(3)(d) Social Security Amendment Act 2001 (2001 No 1) by substituting “an unemployment beneﬁt or a sickness beneﬁt” for “a community wage”.
Subsection (3) was amended, as from 10 March 2003, by section 14 Social Se­ curity (Personal Development And Employment) Amendment Act 2002 (2002 No 28) by omitting “or a widow’s beneﬁt or domestic purposes beneﬁt”.

Subsection (3)(a) was amended, as from 1 October 1998, by section 11 Em­ ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “subsection (2)” for “subsection (2)(a) and (b) of this section”.
Subsection (3A) was inserted, as from 1 July 1996, by section 3 Social Security Amendment Act (No 2) 1996 (1996 No 42).

Subsection (3A) was amended, as from 1 February 1999, by section 75(3) Social Security Amendment Act 1998 (1998 No 19) by inserting “(not being a work­ tested spouse of an invalid’s beneﬁciary)”.

Subsection (3A) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.
291 Part 1 s 78 Social Security Act 1964 Reprinted as at 19 December 2007 78 (1) (2) Subsection (4)(a) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

Section 77(4)(b): substituted, on 24 September 2007, by section 35 of the Social Security Amendment Act 2007 (2007 No 20).
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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) Subsection (2) was substituted by section 26 Social Security Amendment Act 1976 (1976 No 40).
In subsection (2) the words “New Zealand superannuation” were substituted for “national superannuation”, as from 1 April 1994, pursuant to section 2(1) So­ cial 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 to New Zealand of that person or the spouse or part­ ner or any child of that person,— (a) That person shall be deemed to have been resident in New Zealand during the period of such employment outside New Zealand: 292 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 80 (b) (c) 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 in New Zealand during that period or that part of it, as the case may be: Any child of that person born out of New Zealand dur­ ing that period shall be deemed to have been born in New Zealand.
(2) Nothing in subsection (1) of this section shall be construed to derogate from the provisions of section 77 of this Act.

Section 79 was substituted, as from 12 December 1985, by section 18 Social Security Amendment Act 1985 (1985 No 159).

Subsection (1) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse” wherever it appears.
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 work­tested beneﬁt or an independent youth beneﬁt (other than an independent youth bene­ ﬁt granted to a person undertaking employment­related training or who is enrolled in a course of secondary in­ struction) and the applicant is not subject to a non­en­ titlement period; or the beneﬁt is a widow’s beneﬁt, a domestic purposes beneﬁt, a sickness beneﬁt, or an invalid’s beneﬁt.
Subsection (2) of this section is subject to subsections (5) to (10) of this section (which relate to exemptions from the bene­ ﬁt stand down).
If the applicant is subject to a non­entitlement period,— (b) (3) (4) 293 Part 1 s 80 Social Security Act 1964 Reprinted as at 19 December 2007 (a) (b) a work­tested 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— the applicant is subject to the non­entitlement (i) 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 work­tested 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 per­ son 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— (i) Is suffering from a chronic illness; and (ii) Has applied for a sickness beneﬁt, or a commu­ 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— 294 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 80 (i) Previously received a beneﬁt which was can­ celled because he or she was imprisoned or de­ tained for less than 31 days in a prison (as deﬁned in the Corrections Act 2004); and (ii) Applied for the beneﬁt immediately following his or her release from the prison.
(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 was temporary employment, whether or not the person was aware it would be temporary em­ ployment when accepting the offer; and The person applies for a beneﬁt following the termin­ ation of the employment.
(b) (c) (d) (9) (10) 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 programme.
(11) (12) (13) A beneﬁt shall commence on the day on which it was granted if— (a) (b) The person has become eligible for the beneﬁt while receiving 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— 295 Part 1 s 80 Social Security Act 1964 Reprinted as at 19 December 2007 (a) A widow’s beneﬁt, a domestic purposes beneﬁt, or a sickness beneﬁt; or an invalid’s beneﬁt.

(b) Section 80 was substituted, as from 20 October 1972, by section 26(1) Social Security Amendment Act 1972 (1972 No 133).
Subsection (1) was amended, as from 1 April 1994, by section 5 Social Wel­ fare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by inserting “transitional retirement beneﬁt,”.

Section 80(2)(a): amended, on 24 September 2007, by section 36 of the Social Security Amendment Act 2007 (2007 No 20).
Subsection (2B) was amended, as from 1 April 1994, by section 5 Social Wel­ fare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by inserting “or a transitional retirement beneﬁt”.

Subsection (5A) was inserted, as from 9 December 1994, by section 3 Social Security Amendment Act (No 2) 1994 (1994 No 142).
Subsection (8) proviso (a) and (b) were amended, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by inserting “or of a transitional retirement beneﬁt”.

Section 80 was substituted, as from 1 April 1997, by section 34 Social Security Amendment Act 1996 (1996 No 20).
Subsection (1) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting “or the New Zealand Superannuation Act 2001” after “Social Welfare (Transitional Provi­ sions) Act 1990”.

Subsection (1) was amended, as from 15 April 2003, by section 12(1) War Pen­ sions Amendment Act 2003 (2003 No 18) by inserting “or Part 6 of the War Pen­ sions Act 1954” after “the Social Welfare (Transitional Provisions) Act 1990”.
Subsection (1) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.

Subsection (2)(b) was amended, as from 1 October 1998, by section 49(1)(a) So­ cial Security Amendment Act 1998 (1998 No 19) by omitting “a sickness bene­ ﬁt,”.
Subsection (2)(b) was amended, as from 1 July 2001, by section 4 Social Secur­ ity Amendment Act (No 2) 2001 (2001 No 44) by inserting “a sickness beneﬁt”.

Subsection (2)(b) was amended, as from 10 March 2003, by section 15(1) So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28) by substituting “a widow’s beneﬁt, a domestic purposes beneﬁt” for “a domestic purposes beneﬁt under section 27G of this Act”.
Subsection (2)(b) was amended, as from 15 April 2005, by section 8(1) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30) by omitting “a transitional retirement beneﬁt,”.

Subsection (2) was substituted, as from 2 July 2007, by section 11(1) Social Se­ curity Amendment Act 2007 (2007 No 20).

See section 20 of that Act for tran­ 296 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 80 sitional arrangements for ﬁnancially disadvantaged people.
See section 21 of that Act for the commencement of beneﬁts.

Subsection (3) was amended, as from 2 July 2007, by section 11(2) Social Se­ curity Amendment Act 2007 (2007 No 20) by omitting “unless subsection (11) applies”.

See section 20 of that Act for transitional arrangements for ﬁnan­ cially disadvantaged people.

See section 21 of that Act for the commencement of beneﬁts.
Subsection (4)(a) and (b) were substituted, as from 3 June 1998, by section 8(1) Social Security Amendment Act (No 2) 1998 (1998 No 60).

Subsection (4) was substituted, as from 26 September 2002, by section 15(2) So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

Subsection (5) was amended, as from 3 June 1998, by section 8(2) Social Se­ curity Amendment Act (No 2) 1998 (1998 No 60) by inserting “day after the”.
Subsection (5)(a) was substituted, as from 1 October 1998, by section 49(2) So­ cial Security Amendment Act 1998 (1998 No 19).

Subsection (5)(a) was amended, as from 1 July 2001, by section 43(2)(a) Social Security Amendment Act 2001 (2001 No 1) by substituting “an unemployment beneﬁt” for “a community wage”.

Subsection (5)(b) was substituted, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).
Subsection (5)(b) was substituted, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21).

Subsection (5)(b) was amended, as from 2 July 2007, by section 11(3) Social Se­ curity Amendment Act 2007 (2007 No 20) by inserting “, an independent youth beneﬁt, an invalid’s beneﬁt, a sickness beneﬁt, or an unemployment beneﬁt” af­ ter “purposes beneﬁt”.

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.
See section 21 of that Act for the com­ mencement of beneﬁts.

Subsection (5)(c) was amended, as from 1 October 1998, by section 49(1)(b) So­ cial Security Amendment Act 1998 (1998 No 19) by substituting “is a commu­ nity wage granted on the grounds of sickness, injury, or disability” for “is a sickness beneﬁt”.
Subsection (5)(c)(ii) was amended, as from 1 October 1998, by section 49(1)(c) Social Security Amendment Act 1998 (1998 No 19) by inserting “, or a community wage on the grounds of sickness, injury, or disability,”.

Subsection (5)(c) was amended, as from 1 July 2001, by section 15(10)(a) Social Security Amendment Act 2001 (2001 No 1) by substituting “sickness beneﬁt” for “community wage granted on the grounds of sickness, injury, or disability”.
Subsection (5)(ca) was inserted, as from 1 July 2004, by section 15 Social Se­ curity (Working for Families) Amendment Act 2004 (2004 No 51).

See sections 23 to 25 of that Act as to the transitional provisions.

Subsection (5)(d)(i) was amended, as from 1 June 2005, by section 206 Correc­ tions Act 2004 (2004 No 50) by substituting “prison” for “penal institution”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Subsection (5)(d)(i) was amended, as from 1 June 2005, by section 206 Cor­ rections Act 2004 (2004 No 50) by substituting “Corrections Act 2004” for 297 Part 1 s 80AA Social Security Act 1964 Reprinted as at 19 December 2007 “Penal Institutions Act 1954”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Subsection (5)(d)(ii) was amended, as from 1 June 2005, by section 206 Cor­ rections Act 2004 (2004 No 50) by substituting “prison” for “institution”.
See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Subsections (6) and (7) were repealed, as from 1 July 2001, by section 43(2)(b) Social Security Amendment Act 2001 (2001 No 1).

Subsection (8) was amended, as from 3 June 1998, by section 8(3) Social Se­ curity Amendment Act (No 2) 1998 (1998 No 60) by substituting “or the date of the application for the beneﬁt,” for “, or the day after the date of application for the beneﬁt,”.
Subsection (8)(b) was amended, as from 1 July 2001, by section 43(2)(c) Social Security Amendment Act 2001 (2001 No 1) by inserting “or suspended” after “was cancelled”.

Subsections (9), (11), and (12) were repealed, as from 2 July 2007, by section 11(4) Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

See section 21 of that Act for the commencement of beneﬁts.
Subsection (14)(a) was amended, as from 1 October 1998, by section 49(1)(d) Social Security Amendment Act 1998 (1998 No 19) by substituting “a community wage granted on the grounds of sickness, injury, or disability” for “a sickness beneﬁt”.

Subsection (14)(a) was amended, as from 1 July 2001, by section 15(10)(b) So­ cial Security Amendment Act 2001 (2001 No 1) by substituting “sickness bene­ ﬁt” for “community wage granted on the grounds of sickness, injury, or disabil­ ity”.
Subsection (14)(b) was amended, as from 15 April 2005, by section 8(2) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30) by omitting “A transitional retirement beneﬁt or”.

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
80AA Minister may allow back­dating 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— (i) could not reasonably have been expected to ap­ ply at the earlier time because of some erroneous (2) 298 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 80AA (ii) action 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 was inserted, as from 2 July 2007, by section 12(1) Social Se­ curity Amendment Act 2007 (2007 No 20).

See section 20 of that Act for tran­ sitional arrangements for ﬁnancially disadvantaged people.
299 Part 1 s 80A Social Security Act 1964 Reprinted as at 19 December 2007 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.

Section 80A was inserted, as from 21 November 1984, by section 7 Social Se­ curity Amendment Act 1984 (1984 No 8).
Subsection (2) was repealed, as from 1 April 1991. by section 33 Social Security Amendment Act 1991 (1991 No 1).
80B Interpretation In this section and in sections 80BA to 80BC of this Act and in Schedule 28 to this Act— 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: paragraph (b) of this deﬁnition was substituted, as from 1 January 1994, by section 4(2) Social Security Amendment Act 1993 (1993 No 14).
Average Income: paragraph (b) of the deﬁnition was proposed to be amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “clause 8 of Schedule 19 to the Income Tax Act 1994” for “clause 9 of Schedule 2 to the Income Tax Act 1976”.

Average Income: this deﬁnition was substituted, as from 1 May 2005, by section 9(1) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).
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) 300 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 80B average income calculation period: this deﬁnition was substituted, as from 1 May 2005, by section 9(1) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).
Average wage means the average wage (as deﬁned in section 3(1) of this Act) 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 he or she applied for the beneﬁt, the date the person’s employment ceased: (b) Income includes— (a) A widow’s beneﬁt; The amount of any of the following beneﬁts or allow­ ances received by the person: (i) (ii) A domestic purposes beneﬁt; (iii) An invalid’s beneﬁt; (iv) A community wage paid before 1 July 2001: (v) (vi) a sickness beneﬁt: an unemployment beneﬁt: (vii) (viii) An independent youth beneﬁt; (ix) An emergency beneﬁt; (x) (xi) An accommodation supplement under section 61EA of this Act; (xii) (xiii) (b) The amount of any tax deduction on any of those bene­ ﬁts under the fourth proviso to section NC 6(1) of the Income Tax Act 2004: Income: this deﬁnition was amended, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by adding the words “; and also includes transitional retirement beneﬁts paid under the Social Welfare (Transitional Provisions) Act 1990.”.
Income: paragraph (a)(vii) was substituted, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23).

Income: paragraph (a)(iv) was substituted, and paragraph (a)(v) to (vii) was repealed, as from 1 October 1998, by section 50 Social Security Amendment Act 1998 (1998 No 19).
301 Part 1 s 80B Social Security Act 1964 Reprinted as at 19 December 2007 Income: paragraph (a)(iv) was substituted, and new paragraph (a)(v) and (a)(vi) were inserted, as from 1 July 2001, by section 15(9) Social Security Amendment Act 2001 (2001 No 1).

Income: paragraph (a)(x) was repealed, as from 15 April 2005, by section 9(2) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).
Income: paragraph (a)(xii) and (xiii) were repealed, as from 17 May 2001, by section 7(3) Housing Restructuring (Income­Related Rents) Amendment Act 2000 (2000 No 22).

See section 2(2) of that Act and clause 2 Housing Restructuring (Income­Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).

Income: paragraph (b) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting “Income Tax Act 2004” for “Income Tax Act 1994”.
Redundancy payment means a payment (before the deduc­ tion 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 per­ son’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) A payment solely because of a seasonal lay­off; or but does not include— (c) (d) A payment that depends on the completion of— A ﬁxed­term engagement; or (i) (ii) An engagement to complete work speciﬁed in a contract; or (e) (f) 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 (g) 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) 302 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 80B (h) Any retirement payment: 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 one or more lump sums or on a periodical basis;
 but does not include— (a) (b) A payment that depends on the completion of— A ﬁxed­term engagement; or A payment solely because of a seasonal lay­off; or (i) (ii) An engagement to complete work speciﬁed in a contract; or (c) A payment instead of notice terminating the employ­ ment; or (d) 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) (e) 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.
(b) speciﬁed income, in relation to a person, means— (a) the person’s income in the average income calculation period; and 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.
speciﬁed income: this deﬁnition was inserted, as from 1 May 2005, by section 9(3) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Sections 80B and 80C were inserted, as from 1 August 1991, by section 21 So­ cial Security Amendment Act (No 2) 1991 (1991 No 78).

Section 80B was substituted, as from 30 November 1992, by section 5(1) Social Security Amendment Act (No 4) 1992 (1992 No 99).
303 Part 1 s 80BA Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (1) was amended, as from 1 April 1994, by section 5 Social Wel­ fare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by inserting the words “a transitional retirement beneﬁt”.

Section 80B was substituted, as from 1 April 1997, by section 35 Social Security Amendment Act 1996 (1996 No 20).
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

80BA Calculation of stand down (1) This section applies to a beneﬁt if section 80 of this Act re­ quires the beneﬁt to commence on a date calculated in accord­ ance 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 to this Act.
(2) (3) A stand down period under this section commences on the later 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) (ii) 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— (4) 304 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 80BB (5) commences on the day on which the stand down period ends.
This section is subject to section 80BB of this Act (which re­ lates to delayed redundancy and retirement payments) and sec­ tion 80BC of this Act (which relates to seasonal workers made redundant after a seasonal lay­off).

Sections 80BA to 80BD were inserted, as from 1 April 1997, by section 35 Social Security Amendment Act 1996 (1996 No 20).

Subsection (1A) was inserted, as from 1 May 2005, by section 10(1) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).
Subsection (3)(b) was amended, as from 3 June 1998, by section 9(1) Social Security Amendment Act (No 2) 1998 (1998 No 60) by inserting the words “day after the”.

Subsection (4) was substituted, as from 1 April 1997, by section 20(1) Social Security Amendment Act (No 4) 1997 (1997 No 63).

Subsection (4)(a)(i) and (ii) were amended, as from 3 June 1998, by section 9(2)(a) Social Security Amendment Act (No 2) 1998 (1998 No 60) by omitting “after the date”.
Subsection (4)(b) was amended, as from 3 June 1998, by section 9(2)(b) So­ cial Security Amendment Act (No 2) 1998 (1998 No 60) by substituting “com­ mences on the day” for “commences on the day after the date”.

Subsection (4)(b)(i) was amended, as from 1 October 1998, by section 51 Social Security Amendment Act 1998 (1998 No 19) by substituting “a community wage granted on the grounds of sickness, injury, or disability” for “a sickness beneﬁt”.
Subsection (4)(b)(i) was amended, as from 1 July 2001, by section 15(10)(c) So­ cial Security Amendment Act 2001 (2001 No 1) by substituting “sickness bene­ ﬁt” for “community wage granted on the grounds of sickness, injury, or disabil­ ity”.

Subsection (4)(b)(i) was amended, as from 15 April 2005, by section 10(2) So­ cial Security (Social Assistance) Amendment Act 2005 (2005 No 30) by substi­ tuting “or a sickness beneﬁt” for “a sickness beneﬁt, or a transitional retirement beneﬁt”.
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) of this Act 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) (2) A person referred to in subsection (1) of this section is entitled to receive the beneﬁt applied for on a provisional basis and to 305 Part 1 s 80BC Social Security Act 1964 Reprinted as at 19 December 2007 (3) (4) have the stand down period calculated as if his or her average income did not include the amount not yet received.
Subsection (4) of this section applies if the person subse­ quently receives the whole or any part of the redundancy payment or retirement payment within 52 weeks after the date the person’s employment ceased.

The chief executive may recover from the person, under sec­ tion 86(1) of this Act, any payment of the beneﬁt— (a) Which the person has received; and (b) To which the person would not be entitled but for sub­ section (2) of this section.
Sections 80BA to 80BD were inserted, as from 1 April 1997, by section 35 Social Security Amendment Act 1996 (1996 No 20).

Subsection (4) was amended, as from 1 October 1998, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “chief executive” for “Director­General”.
Subsection (4) was amended, as from 26 September 2002, by section 16 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28), by substituting “86(1)” for “86(1A)”.
80BC Seasonal workers made redundant after beneﬁt (b) commences This section applies to a person who is a seasonal worker if— to which section The person applies for a beneﬁt (a) 80(2) or (12) of this Act 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) The chief executive may, under section 86(1) of this Act, re­ cover from a person referred to in subsection (1) of this section any payment of the beneﬁt— (a) Which the person has received; and (b) Which is a payment to which the person would not have been entitled if the redundancy payment received had (1) (2) 306 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 80BD been taken into account in calculating the stand down period under section 80BA of this Act.
Sections 80BA to 80BD were inserted, as from 1 April 1997, by section 35 Social Security Amendment Act 1996 (1996 No 20).

Subsection (2) was amended, as from 1 October 1998, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “chief executive” for “Director­General”.
Subsection (2) was amended, as from 26 September 2002, by section 17 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28) by substituting “86(1)” for “86(1A)”.

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 (2) (3) (4) (b) A date no later than the pay day after that date.
The general provision in subsection (1) of this section is sub­ ject to subsections (3) to (7) of this section.

Subsection (4) of this section 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 unemployment beneﬁt or a sickness beneﬁt, or a related emergency beneﬁt.
If a person referred to in subsection (3) of this section 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 sec­ tion 444 of the Accident Insurance Act 1998 or sec­ tion 382 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.
(5) In all other cases— (b) (a) Every beneﬁt ends— (i) On the date of the beneﬁciary’s death; or (ii) 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).
307 Part 1 s 80BD Social Security Act 1964 Reprinted as at 19 December 2007 (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 because of a sudden change of circumstances beyond the beneﬁciary’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 (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).

Sections 80BA to 80BD were inserted, as from 1 April 1997, by section 35 Social Security Amendment Act 1996 (1996 No 20).
Subsection (3) was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting the words “or a young job seeker’s allowance,”.

Subsection (3) was amended, as from 1 October 1998, by section 52 Social Security Amendment Act 1998 (1998 No 19) by substituting “or independent youth beneﬁt, or a community wage” for “sickness, independent youth, training or unemployment beneﬁt, or a young job seeker’s allowance”.
Subsection (3) was amended, as from 1 July 2001, by section 15(3)(e) Social Security Amendment Act 2001 (2001 No 1) by substituting “an unemployment beneﬁt or a sickness beneﬁt” for “a community wage”.

Subsection (3) was amended, as from 15 April 2005, by section 11 Social Se­ curity (Social Assistance) Amendment Act 2005 (2005 No 30) by omitting “a transitional retirement beneﬁt,”.
Subsection (4)(a) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.

Subsection (4)(b) was amended, as from 1 April 2002, by section 337(1) In­ jury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49) by adding the words “or section 444 of the Accident Insurance Act 1998 or section 382 of the Injury Prevention, Rehabilitation, and Compensation Act 2001”.
See Part 10 of that Act for provisions relating to transition from competitive provi­ sion of workplace accident insurance.

See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.

Subsection (4)(b) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
308 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 80C Subsection (5)(a) was repealed, as from 26 September 2002, by section 18(a) Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Subsection (5)(b) was amended, as from 26 September 2002, by section 18(b) Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28) by omitting “other”.
As from 1 October 1998, references in this section to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 80BD(6): substituted, on 24 September 2007, by section 37 of the So­ cial 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).
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 of this Act, or an accommodation supplement under section 61EA of this Act, 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 non­entitlement period; or The person is subject to a stand down under section 80BA of this Act; or the person is subject to a sanction of suspension of 100% of a beneﬁt under section 117.
(c) (1A) Notwithstanding subsection (1)(b) of this section, if the appli­ cant was receiving an accommodation supplement pursuant to section 61EA of this Act immediately before applying for a beneﬁt, the accommodation supplement shall continue at the same rate for the period of non­entitlement.
The spouse or partner of a person who is not entitled to a bene­ ﬁt due to the application of section 80BA of this Act shall not be entitled to receive any beneﬁt to which his or her spouse or partner is not entitled.

Sections 80B and 80C were inserted, as from 1 August 1991, by section 21 So­ cial Security Amendment Act (No 2) 1991 (1991 No 78).
(2) 309 Part 1 s 80D Social Security Act 1964 Reprinted as at 19 December 2007 The heading to section 80C was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partners”.

Subsection (1)(b) was substituted, as from 1 July 1993, by section 22(2) Social Welfare (Transitional Provisions) Amendment Act (No 3) 1993 (1993 No 57).
Subsection (1) was substituted, as from 1 July 1997, by section 36(1) Social Security Amendment Act 1996 (1996 No 20).

Subsection (1) was amended, as from 1 April 2006, by section 21 Social Secur­ ity (Working for Families) Amendment Act 2004 (2004 No 51) by substituting “temporary additional support under section 61G or a special beneﬁt continued under section 23 of the Social Security (Working for Families) Amendment Act 2004” for “a special beneﬁt under section 61G of this Act”.
See sections 23 to 25 of that Act as to the transitional provisions.

Subsection (1)(c) was substituted, as from 1 October 1998, by section 6 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Subsection (1)(c) was substituted, as from 1 July 2001, by section 43(3) Social Security Amendment Act 2001 (2001 No 1).

Subsection (1A) was inserted, as from 1 July 1993, by section 22(2) Social Welfare (Transitional Provisions) Amendment Act (No 3) 1993 (1993 No 57).
Subsection (2) was amended, as from 1 April 1994, by section 5 Social Wel­ fare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by omitting “under this Part of this Act.” Subsection (2) was amended, as from 1 July 1997, by section 36(2) Social Se­ curity Amendment Act 1996 (1996 No 20) by substituting “section 80BA” for “section 80B”.
Subsection (2) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse” in both places it appears.
80D Beneﬁt applications by claimants under Injury Prevention, Rehabilitation, and Compensation Act 2001 If— (a) the Accident Compensation Corporation pays weekly compensation in respect of a claim made under the Injury Prevention, Rehabilitation, and 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— (b) (c) 310 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 81 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 was inserted, as from 1 July 1992, by section 172(2) Accident Rehabilitation and Compensation Insurance Act 1992 (1992 No 13).

Paragraph (a) was substituted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114).

Paragraph (a) was substituted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).
See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance.

See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
81 (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 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) of this sec­ tion, 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 ex­ (2) 311 Part 1 s 82 Social Security Act 1964 Reprinted as at 19 December 2007 (3) ecutive 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) of this sec­ tion, the chief executive considers the beneﬁciary is more ap­ propriately entitled to receive some other beneﬁt, the chief ex­ ecutive may, in his or her discretion, cancel the beneﬁt the beneﬁciary was receiving and grant that other beneﬁt com­ mencing from the date of cancellation.

Subsections (2) and (3) were repealed, as from 21 November 1984, by section 8 Social Security Amendment Act 1984 (1984 No 8).
The words “Director­General” were substituted, as from 23 June 1987, for the words “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

The words “in the Director­General’s discretion” were substituted for the words “in its discretion”, as from 23 June 1987, pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).

Section 81 was substituted, as from 1 April 1990, by section 37(8) Social Wel­ fare (Transitional Provisions) Act 1990 (1990 No 26).
Subsection (1) was substituted, as from 30 June 1993, by section 23 Social Security Amendment Act (No 3) 1993 (1993 No 57).

Subsection (1) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse” in both places it appears.

Subsection (2) was substituted, as from 30 June 1993, by section 23 Social Security Amendment Act (No 3) 1993 (1993 No 57).
Subsection (3) was inserted, as from 1 March 1991, by section 34 Social Secur­ ity Amendment Act 1991 (1991 No 1).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
82 (1) (2) 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.

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.
(2A) The following beneﬁts are paid in respect of a 7­day 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.
312 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 82 (3) (4) (5) (6) 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 per­ son appointed by the chief executive for the pur­ pose of receiving it; or (i) (b) With or without the consent of the beneﬁciary— To any person in payment of the beneﬁ­ ciary’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.
(ii) 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 it is satisﬁed that an advance payment of a beneﬁt would best meet the immediate needs of a beneﬁciary, the chief ex­ ecutive may in the chief executive’s discretion, on application by the beneﬁciary, make payment in advance 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).
(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— 313 Part 1 s 82 Social Security Act 1964 Reprinted as at 19 December 2007 (a) Supply the Department with particulars of an existing account held by the applicant or beneﬁciary with— (i) The Post Ofﬁce Bank Limited, a private savings bank, a trustee savings bank, or the Public Ser­ vice Investment Society Limited; or (ii) A registered bank which, on the 31st day of March 1987, was a trading bank; or (iii) 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 (c) (b) 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 Fi­ nance)— 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 was substituted, as from 11 October 1978, by section 23(1) Social Security Amendment Act 1978 (1978 No 58).

Subsection (1) was amended, as from 17 September 1997, by section 21(1) So­ cial Security Amendment Act (No 4) 1997 (1997 No 63) by inserting the words “or such days or dates”.

Subsection (2A) was inserted, as from 2 July 2007, by section 13(1) Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.
Subsections (3) and (4) were amended, as from 1 July 1998, by section 2(3) So­ cial Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Subsection (3)(b)(ii) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “spouse or part­ ner” for “wife or husband”.

Subsection (6) was inserted, as from 24 August 1979, by section 11 Social Se­ curity Amendment Act 1979 (1979 No 14).
Subsection (6) was amended, as from 17 September 1997, by section 21(2) So­ cial Security Amendment Act (No 4) 1997 (1997 No 63) by substituting “the 314 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 82A amount so paid in advance may be recovered under section 86(1D)” for “re­ cover the amount so paid in advance from subsequent instalments of the beneﬁt at such rate as the Director­General determines from time to time”.
Subsection (6) was amended, as from 26 September 2002, by section 19 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28) by substituting “86(1)” for “86(1D)”.

Subsection (7) was inserted, as from 28 September 1982, by section 14(1) Social Security Amendment Act 1982 (1982 No 16) Subsection (7) was substituted, as from 26 October 1988, by section 21(1) So­ cial Security Amendment Act (No 2) 1988 (1988 No 147).
Subsection (7) was amended, as from 1 April 1990, by section 14(16) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting “Un­ less the Director­General in any particular case otherwise determines, it shall be a condition of every beneﬁt that the applicant or beneﬁciary shall—” for “It shall be a condition of every beneﬁt payable under this Part of this Act that the applicant or beneﬁciary shall—”.
Subsection (7)(a)(iii) and (c) were amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “Minister” for “Minister of Social Welfare”.

The words “Director­General” were substituted, as from 23 June 1987, for the words “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
The words “in the Director­General’s discretion” were substituted for the words “in its discretion”, as from 23 June 1987, pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
82A Duty to supply tax ﬁle number and consequence of failure (1) (2) (3) 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 315 Part 1 s 83 Social Security Act 1964 Reprinted as at 19 December 2007 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 OB 1 of the Income Tax Act 2004.

Section 82A was inserted, as from 1 October 1993, by section 24(1) Social Security Amendment Act (No 3) 1993 (1993 No 57).
Subsection (4) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “section OB 1 of the Income Tax Act 1994” for “section 2 of the Income Tax Act 1976”.

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 82A was substituted, as from 7 October 1998, by section 2(1) Social Security Amendment Act (No 3) 1998 (1998 No 104).

Subsection (5) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting “Income Tax Act 2004” for “Income Tax Act 1994”.
Apportionment of beneﬁt between spouses or partners Subject to subsection (2) of this section, where any person is entitled to a beneﬁt at a rate prescribed in respect of a person who is married or in a civil union or in a de facto relation­ ship, 50 percent of that beneﬁt and any other beneﬁt payable under this Act shall be paid to the person so entitled and 50 percent shall be paid to the spouse or partner or other person who qualiﬁes the beneﬁciary to be paid at that rate.
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) of this section, 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 beneﬁ­ ciary to be paid at the rate referred to in subsection (1).
(4) (5) 83 (1) (2) 316 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 83 (3) In any case where a beneﬁt is apportioned under subsection (1) or subsection (2) of this section, the proportion of the bene­ ﬁt paid to each person shall be deemed for the purposes of the Income Tax Act 2004 to be the income of the person to whom it is paid.

Section 83 was substituted, as from 23 December 1977, by section 17 Social Security Amendment Act (No 2) 1977 (1977 No 133).
Section 83 was substituted, as from 1 October 1986, by section 16(1) Social Security Amendment Act 1986 (1986 No 39).

The heading to section 83 was amended, as from 26 April 2005, by section 3 So­ cial Security Amendment Act 2005 (2005 No 21) by inserting “or partners”.

Subsection (1) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
Subsection (1) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by substituting “person who is married or in a civil union” for “married person”.

Subsection (1) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.
Subsection (1) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by substituting “that rate” for “the married rate”.

Subsection (1) was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.
Subsection (2) was amended, as from 26 September 2002, by section 20 So­ cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28) by substituting “section 12(2) of the New Zealand Superannu­ ation Act 2001” for “section 15(2) of this Act”.
Subsection (2) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.

Subsection (2) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.
Subsection (2) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by substituting “rate referred to in subsection (1)” for “married rate”.

Subsection (3) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “Income Tax Act 1994” for “Income Tax Act 1976”.
Subsection (3) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting “Income Tax Act 2004” for “Income Tax Act 1994”.

317 Part 1 s 83A Social Security Act 1964 Reprinted as at 19 December 2007 The words “Director­General” were substituted for “Commission”, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

83A Tax on beneﬁts (1) This section applies where any instalment or a payment of an income­tested 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, 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.
(3) (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.
(ii) (iii) If, as a result of the review, suspension, cancellation, or ter­ mination of an income­tested 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 (5) 318 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 84 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.
(6) In this section,— income­tested 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 (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) 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) (d) section NC 6(1D) of the Income Tax Act 2004.
Section 83A was inserted, as from 15 April 2005, by section 12 Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

See section 18 of that Act for the savings provision.

(b) 84 (1) Beneﬁts to be inalienable Subject to the provisions of the Family Beneﬁts (Home Ownership) Act 1964, or the Child Support Act 1991 or the Student Loan Scheme Act 1992 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.
[Repealed] 319 Part 1 s 84A Social Security Act 1964 Reprinted as at 19 December 2007 (2) (3) 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.
Compare: 1938 No 7 s 69, 1945 No 11 s 30; 1958 No 46 s 27 Subsection (1) was amended, as from 11 October 1978, by section 24(a) Social Security Amendment Act 1978 (1978 No 58) by inserting the words “and of section 82 of this Act”.

Subsection (1) was amended, as from 11 October 1978, by section 24(b) Social Security Amendment Act 1978 (1978 No 58) by repealing the proviso.
Subsection (1) was amended, as from 1 April 1992, by section 89 Student Loan Scheme Act 1992 (1992 No 141) by inserting the words “or the Student Loan Scheme Act 1992”.

Subsection (1) was amended, as from 1 July 1992, by section 11 Social Security Amendment (No 5) Act 1991 (1991 No 143) by inserting the words “or the Child Support Act 1991”.
Subsection (2) was amended by section 3 Social Security Amendment Act 1967 (1967 No 4) by substituting “where that demand, acceptance, acknowledgment, or undertaking would constitute” for “that would constitute”.

Subsection (3) was repealed, as from 1 April 1991, by section 35 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 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.
(b) (c) (d) 320 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 85A Section 84A was inserted, as from 23 December 1977, by section 18 Social Security Amendment Act (No 2) 1977 (1977 No 133) Section 84A was amended by substituting the reference to the Family Proceed­ ings Act 1980 for the repealed Domestic Proceedings Act 1968.

Section 84A was substituted, as from 1 July 1992, by section 12(1) Social Se­ curity Amendment Act (No 5) 1991 (1991 No 143).
Section 84A was amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Paragraph (c) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “domestic” for “spousal”.

Section 85 was repealed, as from 28 September 1982, by section 15(1) Social Security Amendment Act 1982 (1982 No 16).
85 85A Payments that are debts due to the Crown (c) (d) (e) (f) 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 1990 or Part 6 of the War Pensions Act 1954 or Part 1 of the New Zealand Superannuation and Retirement Income 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) 321 Part 1 s 86 Social Security Act 1964 Reprinted as at 19 December 2007 Section 85A was inserted, as from 26 September 2002, by section 21 Social Se­ curity (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

Paragraph (f) was amended, as from 15 April 2003, by section 12(1) War Pen­ sions Amendment Act 2003 (2003 No 18) by inserting the words “or Part 6 of the War Pensions Act 1954” after the words “the Social Welfare (Transitional Provisions) Act 1990”.
Paragraph (f) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.
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) (1D) (1E) (1F) (2) 322 Subject to subsections (2A) and (2B) of this section, if any person has obtained any payment or received any credit or ad­ vance 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 ob­ tained by fraud, the chief executive may, in his or her discre­ tion, which discretion may be exercised in respect of any par­ ticular case or class or classes of case, recover from that per­ Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 86 son, by way of penalty, an amount not exceeding three times the amount in excess.
Nothing 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 deduction from any instalments of the same or any other beneﬁt or student allowance or pay­ ment thereafter becoming payable to that person under this Act or under section 124(1)(d) of 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 ; 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) of this section— (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 (ii) (iii) Stating the person has 5 working days from the receipt of the notice to show cause why the action should not be taken; and 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.
(b) (c) (2B) Where the chief executive imposes any penalty under subsec­ tion (2) of this section, no action to recover that penalty shall be taken until any review of that decision under section 10A of this Act or any appeal under section 12J of this Act has been completed.
In subsection (2) of this section, 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 anything for the purpose of misleading any ofﬁcer concerned in the administration of this Act, for the (2C) 323 Part 1 s 86 Social Security Act 1964 Reprinted as at 19 December 2007 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 any member 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 any member 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 any member of the chief executive.
For the purpose of determining for the purposes of subsection (4) or subsection (5) of this section the total amount paid to a (3) (4) (5) (6) 324 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 86 beneﬁciary by 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) of this section) 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) of this section shall be served on the executor or administrator of the estate of the deceased beneﬁciary or, as the case may be, of the deceased spouse or partner of the beneﬁciary, and the executor or ad­ ministrator may, within one month after the service of the no­ tice, apply to a District Court to review the assessment and any decision of the chief executive under subsection (6) of this sec­ tion in relation to that assessment.
The following provisions shall apply with respect to every such application: (a) (8) (d) (b) (c) 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) of this section as the date on which any property was in the possession of the de­ ceased, unless the Court is satisﬁed from the evidence produced that some other date should be ﬁxed.
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.
(9) 325 Part 1 s 86 Social Security Act 1964 Reprinted as at 19 December 2007 (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.
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.
Compare: 1938 No 7 ss 71, 75(1)(b), (2) Subsection (1) was amended, as from 1 October 1998, by section 11 Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by inserting the words “or student allowance”.

Subsection (1) was substituted, as from 26 September 2002, by section 22(1) So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
See section 34 of that Act for the transitional provision relating to reviewing of payments made in excess of authorised rates.

See section 35 of that Act for the transitional provision relating to recovery of debt.

Subsection (1A) was inserted, as from 11 October 1978, by section 26 Social Security Amendment Act 1978 (1978 No 58).
Subsection (1A) was amended, as from 1 October 1998, by section 11 Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by inserting the words “or student allowance”.

Subsection (1A) was substituted, as from 26 September 2002, by section 22(1) Social Security (Personal Development And Employment) Amendment (9B) (10) 326 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 86 Act 2002 (2002 No 28).
See section 34 of that Act for the transitional provision relating to reviewing of payments made in excess of authorised rates.

See section 35 of that Act for the transitional provision relating to recovery of debt.

Subsection (1B) was inserted, as from 28 September 1982, by section 16 Social Security Amendment Act 1982 (1982 No 16).
Subsection (1B) was amended, as from 30 June 1993, by section 25(1) Social Security Amendment Act (No 3) 1993 (1993 No 57) by substituting “section 61DB, section 61DC, or section 61DD” for “section 61DC, section 61DD, or section 61DE”.

Subsection (1B) was amended, as from 1 October 1998, by section 11 Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by inserting the words “or student allowance”.
Subsection (1B) was substituted, as from 26 September 2002, by section 22(1) Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

See section 34 of that Act for the transitional provision relating to reviewing of payments made in excess of authorised rates.

See section 35 of that Act for the transitional provision relating to recovery of debt.

Subsection (1C) was inserted, as from 12 December 1985, by section 20 Social Security Amendment Act (No 2) 1985 (1985 No 159).
Subsection (1C) was amended, as from 17 September 1997, by section 22(1) So­ cial Security Amendment Act (No 4) 1997 (1997 No 63) by inserting the words “or payable to that person by way of a recoverable grant of special assistance under any such programme, or that is otherwise recoverable from the person under the terms and conditions of any such programme,”.
Subsection (1C) was amended, as from 1 October 1998, by section 11 Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by inserting the words “or student allowance”.

Subsection (1C) was amended, as from 1 October 1998, by section 11 Employ­ ment Services and Income Support (integrated Administration) Act 1998 (1998 No 96) by substituting “Minister” for “Minister of Social Welfare”.
Subsection (1C) was repealed, as from 26 September 2002, by section 22(1) So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

See section 34 of that Act for the transitional provision relating to reviewing of payments made in excess of authorised rates.

See section 35 of that Act for the transitional provision relating to recovery of debt.
Subsection (1D) was inserted, as from 17 September 1997, by section 22(2) So­ cial Security Amendment Act (No 4) 1997 (1997 No 63).

Subsection (1D) was amended, as from 1 October 1998, by section 11 Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by inserting the words “or student allowance”.

Subsection (1D) was repealed, as from 26 September 2002, by section 22(1) So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
See section 34 of that Act for the transitional provision relating to reviewing of payments made in excess of authorised rates.

See section 35 of that Act for the transitional provision relating to recovery of debt.

Subsection (1E) was inserted, as from 1 February 1999, by section 76 Social Security Amendment Act 1998 (1998 No 19).
327 Part 1 s 86 Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (1E) was amended, as from 26 September 2002, by section 22(2) So­ cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28) by substituting “subsection (1)” for “any of subsections (1) to (1D)”.

See section 34 of that Act for the transitional provision relating to re­ viewing of payments made in excess of authorised rates.
See section 35 of that Act for the transitional provision relating to recovery of debt.

Subsection (1E) was repealed, as from 30 April 2007, by section 23(2) So­ cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

See clause 2 Social Security (Personal Development and Employment) Amendment Act 2002 Commencement Order 2007 (SR 2007/85).

Subsection (1F) was inserted, as from 1 February 1999, by section 76 Social Security Amendment Act 1998 (1998 No 19).
Subsection (1F) was repealed, as from 30 April 2007, by section 23(2) So­ cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

See clause 2 Social Security (Personal Development and Employment) Amendment Act 2002 Commencement Order 2007 (SR 2007/85).
Subsection (2) was substituted, as from 30 June 1993, by section 25(2) Social Security Amendment Act (No 3) 1993 (1993 No 57) Subsections (2) and (3) were amended, as from 1 July 1998, by section 2(3) So­ cial Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
Subsections (2) and (3) were amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by inserting the words “or student allowance”.
Subsection (2) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting, after the expres­ sion “Social Welfare (Transitional Provisions) Act 1990”, the words “or under the New Zealand Superannuation Act 2001” Subsection (2) was amended, as from 26 September 2002, by section 22(3) So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28), by substituting “section 85A” for “any of subsections (1) to (1C) of this section”.
See section 34 of that Act for the transitional provision relating to reviewing of payments made in excess of authorised rates.

See section 35 of that Act for the transitional provision relating to recovery of debt.

Subsection (2) was amended, as from 15 April 2003, by section 12(1) War Pen­ sions Amendment Act 2003 (2003 No 18) by inserting the words “or Part 6 of the War Pensions Act 1954” after the words “the Social Welfare (Transitional Provisions) Act 1990”.
Subsection (2) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.
Subsections (2A) to (2C) were inserted, as from 30 June 1993, by section 25(2) Social Security Amendment Act (No 3) 1993 (1993 No 57) 328 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 86 Subsection (3) was amended, as from 1 July 1998, by section 2(3) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.
Subsection (3) was amended, as from 1 October 1998, by section 11 Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by inserting “or student allowance”.

Subsection (3) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by substituting “spouse or partner” for “husband or wife” where they ﬁrst appear.
Subsection (3) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by substituting “spouse or partner” for “husband or wife, as the case may be,”.

Subsection (3) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by substituting “spouse or partner” for “husband or that wife”.
Subsection (5) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by substituting “spouse or partner” for “husband or wife” in both places they appear.

Subsection (6) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by substituting “spouse or partner” for “husband or wife”.
Subsection (7) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by substituting “spouse or partner” for “husband or wife”.

Subsection (9A) was inserted, as from 14 November 1973, by section 14 Social Security Amendment Act 1973 (1973 No 34).

Subsection (9A) was amended, as from 30 June 1993, by section 25(3) Social Security Amendment Act (No 3) 1993 (1993 No 57) by inserting the words “, made by an ofﬁcer or employee of the Department,”.
Subsection (9A) was substituted, as from 26 September 2002, by section 22(4) Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

See section 34 of that Act for a transitional provision relating to reviewing of payments made in excess of authorised rates.

See section 35 of that Act for a transitional provision relating to recovery of debt.
Subsection (9B) was inserted, as from 26 September 2002, by section 22(4) So­ cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

See section 34 of that Act for a transitional provision relating to reviewing of payments made in excess of authorised rates.

See section 35 of that Act for a transitional provision relating to recovery of debt.
Subsection (10) was repealed, as from 1 April 1991, by section 36 Social Se­ curity Amendment Act 1991 (1991 No 1) The words “Director­General” were substituted for “Commission”, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
The words “the Director­General” were substituted for “any member of the commission”, as from 23 June 1987, pursuant to section 2(3)(c) Social Security Amendment Act 1987 (1987 No 106) 329 Part 1 s 86A Social Security Act 1964 Reprinted as at 19 December 2007 As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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) of this Act, any penalty under section 86(2) of this Act) 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 or becomes payable, until the deduction notice is revoked, by that other person whether— (a) (b) As an agent; or As a trustee; or (c) (d) For any other reason— 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 of this Act referred to as the debtor).
On his or her or its own account; or (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 1950.
(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 cap­ acity that is payable, or becomes payable, to the debtor by the Corporation under the Injury Prevention, Rehabilitation, and Compensation Act 2001.
(1C) A deduction notice under subsection (1) may be issued to re­ cover— (a) 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): 330 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 86A (2) (3) (4) (5) (6) (7) (b) Any amount of maintenance debt (within the meaning of section 61CA).
The chief executive shall not issue a deduction notice under subsection (1) of this section unless the chief executive has taken all reasonable steps to recover the debt, but nothing in this subsection shall require the chief executive to take pro­ ceedings in any Court to recover the debt before issuing a de­ duction notice.
The chief executive shall specify in the deduction notice— (a) Whether the deduction is to be made as a lump sum or (b) (c) 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 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 of this Act.

Sections 86A to 86I were inserted, as from 30 June 1993, by section 26 Social Security Amendment Act (No 3) 1993 (1993 No 57).
Subsection (1) was amended, as from 17 September 1997, by section 23(1) So­ cial Security Amendment Act (No 4) 1997 (1997 No 63) by omitting “section 86 of”.

Subsections (1A) to (1C) were inserted, as from 17 September 1997, by section 23(2) Social Security Amendment Act (No 4) 1997 (1997 No 63).

See section 26(3) of that Act as to the application of subsection (1A) to all debts to the Crown recoverable under this Act.
331 Part 1 s 86B Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (1B) was substituted, as from 1 July 1999, by section 415(1) Acci­ dent Insurance Act 1998 (1998 No 114).

Subsection (1B) was substituted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).

See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance.
See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment 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) of this Act to the chief ex­ ecutive of that department in respect of any salary or wages payable to the debtor.

Sections 86A to 86I were inserted, as from 30 June 1993, by section 26 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 of this Act.

Sections 86A to 86I were inserted, as from 30 June 1993, by section 26 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) of this Act; and, during the subsistence of the deduction notice, the amount recoverable 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 of this Act as if it were money payable under a beneﬁt to which the debtor was not entitled.
332 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 86E (2) (3) (4) 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).
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 uplift 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 one 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.
Sections 86A to 86I were inserted, as from 30 June 1993, by section 26 Social Security Amendment Act (No 3) 1993 (1993 No 57).
86E Deductions held in trust 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 (b) 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 333 Part 1 s 86F Social Security Act 1964 Reprinted as at 19 December 2007 Crown and shall be recoverable under section 86 of this Act as if it were money payable under a beneﬁt to which the person who made the deduction was not entitled.
Sections 86A to 86I were inserted, as from 30 June 1993, by section 26 Social Security Amendment Act (No 3) 1993 (1993 No 57).
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 of this Act.
(b) (c) Sections 86A to 86I were inserted, as from 30 June 1993, by section 26 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 of this Act, where a deduction notice is issued to an em­ ployer of a debtor, the employer shall not, in making deduc­ tions 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 percent 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 tax deductions that would be required to be made in accordance with the PAYE rules of the Income Tax Act 2004 if that ordinary weekly pay were the only salary or wages paid to the debtor by the employer in respect of a week.
Sections 86A to 86I were inserted, as from 30 June 1993, by section 26 Social Security Amendment Act (No 3) 1993 (1993 No 57).

334 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 86I Subsection (1) was amended, as from 1 April 2004, by section 91(2) Holidays Act 2003 (2003 No 129) by substituting “ordinary weekly pay” for “ordinary pay”.
Subsection (2) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “the PAYE rules of the Income Tax Act 1994” for “Part 11 of the Income Tax Act 1976”.

Subsection (2) was substituted, as from 1 April 2004, by section 91(2) Holidays Act 2003 (2003 No 129).

Subsection (2) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting “Income Tax Act 2004” for “Income Tax Act 1994”.
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 of this Act.

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.
Sections 86A to 86I were inserted, as from 30 June 1993, by section 26 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— 335 Part 1 s 86J Social Security Act 1964 Reprinted as at 19 December 2007 (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 percent 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 Depart­ ment, a further penalty of the greater of 2 percent of that amount or part thereof or $1.
(d) (2) Where any penalty is payable by any person under subsection (1) of this section, the chief executive, in his or her discre­ tion, 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 execu­ tive may refund any excess.
(3) An amount payable to the Department under subsection (1) of this section may be recovered under section 86 of this Act as if it were money payable under a beneﬁt to which the person was not entitled.

Sections 86A to 86I were inserted, as from 30 June 1993, by section 26 Social Security Amendment Act (No 3) 1993 (1993 No 57).
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment 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) 336 Reprinted as at 19 December 2007 Social Security Act 1964 Part 1 s 86J (b) (ii) By leaving it at that person’s usual or last known place of residence or business or at the address speciﬁed by that person in any application or other document received from that person; or (iii) By posting it in a letter addressed to that person at that place of residence or business or at that address: In the case of any other person, including an ofﬁcer or employee in the service of the Crown in his or her ofﬁcial capacity,— (i) Where applicable, personally; or (ii) By leaving it at that person’s place of business; or (iii) 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 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 was inserted, as from 30 June 1993, by section 26 Social Security Amendment Act (No 3) 1993 (1993 No 57).
Section 86J was amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

Part 1A Family care grants [Repealed] This Part, comprising sections 86A to 86P, was inserted, as from 21 November 1984, by section 9 of 1984 No 8 and repealed, as from 1 October 1986, by section 17(1)(a) Social Security Amendment Act 1986 (1986 No 39).
Part 2 Community wage Part 2 (comprising sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

A new Part 2 (comprising sections 87 to 100) was inserted, as from 1 October 1998, by section 53 Social Security Amendment Act 1998 (1998 No 19).

See 337 Part 2 s 87 Social Security Act 1964 Reprinted as at 19 December 2007 section 54 of that Act as to the transfer of existing beneﬁciaries to the commu­ nity wage.
87 Purposes of this Part [Repealed] Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

A new Part 2 (comprising sections 87 to 100) was inserted, as from 1 October 1998, by section 53 Social Security Amendment Act 1998 (1998 No 19).

See section 54 of that Act as to the transfer of existing beneﬁciaries to the commu­ nity wage.
Sections 87 and 88 were repealed, as from 1 July 2001, by section 19 Social Security Amendment Act 2001 (2001 No 1).

88 Overview of this Part [Repealed] Dentist: inserted, as from 14 November 1973, by section 20(1)(a) Social Secur­ ity Amendment Act 1973 (1973 No 34).

Disciplinary Committee: the Medical Practitioners Act 1968 was substituted for the repealed Medical Practitioners Act 1950.
Drug Tariff: repealed, as from 14 November 1973, by section 20(1)(b) Social Security Amendment Act 1973 (1973 No 34).

General Medical Services: amended, as from 16 December 1977, by section 2 Social Security Amendment Act 1977 (1977 No 120) by inserting the words “and includes services provided in the form of consultations on contraception”.

General Medical Services: amended by substituting the Friendly Societies and Credit Unions Act 1982 for the repealed Friendly Societies Act 1909.
Hospital patient: amended, as from 7 June 1967, by section 7(1) Social Security Amendment Act 1967 (1967 No 4) by substituting “medical or surgical treat­ ment” for “hospital treatment”.

Maternity beneﬁts: amended, as from 7 June 1967, by section 7(1) Social Se­ curity Amendment Act 1967 (1967 No 4) by omitting “not earlier than seven days after having received any ante­natal advice from any medical practitioner or midwife”.
Maternity beneﬁts: amended, as from 20 October 1972, by section 30 Social Security Amendment Act 1972 (1972 No 133) by omitting “for a period of fourteen days”.

Medical beneﬁts: repealed, as from 7 June 1967, by section 7(3) Social Security Amendment Act 1967 (1967 No 4).

Medical practitioner: the Medical Practitioners Act 1968 has been substituted for the repealed Medical Practitioners Act 1950.
Obstetric specialists: repealed, as from 29 September 1969, by section 9(1) Social Security Amendment Act 1969 (1969 No 46).

338 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 88A Pharmaceutical beneﬁts and “Pharmaceutical requirement”: substituted, as from 21 January 1981, by section 7(1) Social Security Amendment Act (No 2) 1980 (1980 No 158).

Specialist: substituted, as from 14 November 1973, by section 20(1)(d) Social Security Amendment Act 1973 (1973 No 34).
Specialist medical services: substituted, as from 17 July 1970, by section 4 Social Security Amendment Act 1970 (1970 No 9).

Specialist medical services: amended by substituting the Friendly Societies and Credit Unions Act 1982 for the repealed Friendly Societies Act 1909.

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Part 2 (sections 87 to 100) was inserted, as from 1 October 1998, by section 53 Social Security Amendment Act 1998 (1998 No 19).

See section 54 of that Act as to the transfer of existing beneﬁciaries to the community wage.

Sections 87 and 88 were repealed, as from 1 July 2001, by section 19 Social Security Amendment Act 2001 (2001 No 1).
88A Interpretation In this Part, unless the context otherwise requires,— activity in the community[Repealed] activity in the community: this deﬁnition was repealed, as from 2 July 2007, by section 14(1)(a) Social Security Amendment Act 2007 (2007 No 20).

See sec­ tion 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.
[Repealed] job­search activity means an activity undertaken by a work­ tested beneﬁciary for the purpose of seeking or obtaining em­ ployment job seeker agreement means an agreement of the kind de­ scribed in section 105A job seeker development activity means an activity deﬁned by the chief executive under section 110 as being a job seeker development activity recognised community activity means voluntary work recognised community activity: this deﬁnition was amended, as from 2 July 2007, by section 14(1)(b) Social Security Amendment Act 2007 (2007 No 20) by omitting “an activity in the community or”.
See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.
voluntary work means work undertaken by a person for no re­ muneration (other than any reimbursement of direct expenses) for a non­proﬁt community organisation or other person, and that is of beneﬁt to the community; but does not include activ­ 339 Part 2 s 89 Social Security Act 1964 Reprinted as at 19 December 2007 ities in the community, or work undertaken as part of a work experience or work exploration activity.
Section 88A was inserted, as from 1 July 2001, by section 19 Social Security Amendment Act 2001 (2001 No 1).

Unemployment beneﬁt The heading “Unemployment beneﬁt” was inserted, as from 1 July 2001, by section 19 Social Security Amendment 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 not in full­time employment, but— (i) Is seeking it; and (ii) Is available for it; and Is willing and able to undertake it; and (iii) (iv) Has taken reasonable steps to ﬁnd it; or (b) (c) (2) An applicant for an unemployment beneﬁt must be— Aged 18 years or over; or (a) (b) Aged 16 years or over, be married or in a civil union or in a de facto relationship, and have one or more depend­ ent 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— No income; or (a) (b) 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.

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
(6) 340 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 90 Part 2 (sections 87 to 100) was inserted, as from 1 October 1998, by section 53 Social Security Amendment Act 1998 (1998 No 19).

See section 54 of that Act as to the transfer of existing beneﬁciaries to the community wage.

The heading to section 89 was amended, as from 1 July 2001, by section 20(6) Social Security Amendment Act 2001 (2001 No 1) by substituting “Unemployment beneﬁt” for “Community wage”.
Section 89 was amended, as from 1 July 2001, by section 20(5) Social Security Amendment Act 2001 (2001 No 1) by substituting “an unemployment beneﬁt” for “a community wage” wherever it occurred.

Subsection (1)(b) and (c) were repealed, as from 1 July 2001, by section 20(1) Social Security Amendment Act 2001 (2001 No 1).

Subsection (2)(b) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a civil union” after “married”.
Subsection (2)(b) was amended, as from 1 April 2007, by section 5 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting “or in a de facto rela­ tionship” after “union”.

Subsection (3) was amended, as from 2 July 2007, by section 10(2) Social Se­ curity Amendment Act 2007 (2007 No 20) by substituting “meet the residential requirements in section 74AA” for “have resided continuously in New Zealand for 2 years at any time”.
See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

Subsection (4)(b) was amended, as from 1 July 2001, by section 20(2) Social Security Amendment Act 2001 (2001 No 1) by substituting “beneﬁt” for “com­ munity wage under the appropriate income test referred to in Schedule 9”.

Subsection (5) was amended, as from 1 July 2001, by section 20(3)(a) Social Security Amendment Act 2001 (2001 No 1) by substituting “the beneﬁt” for “the community wage”.
Subsection (5) was amended, as from 1 July 2001, by section 20(3)(b) Social Security Amendment Act 2001 (2001 No 1) by substituting “the beneﬁt” for “the wage”.

Subsection (6) was repealed, as from 1 July 2001, by section 20(6) Social Se­ curity 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 89(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 sup­ port the person and his or her spouse or partner and any dependent children.
(c) 341 Part 2 s 91 Social Security Act 1964 Reprinted as at 19 December 2007 (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 full­time student.
(3) Despite section 91, the chief executive may, during the period between the end of 1 academic year and the start of the next, grant an unemployment beneﬁt under section 89 to a full­time 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.
Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

Part 2 (sections 87 to 100) was inserted, as from 1 October 1998, by section 53 Social Security Amendment Act 1998 (1998 No 19).

See section 54 of that Act as to the transfer of existing beneﬁciaries to the community wage.
The heading to section 90 was amended, as from 1 July 2001, by section 21(4) Social Security Amendment Act 2001 (2001 No 1) by substituting “Unemployment beneﬁt” for “Community wage”.

Section 90 was amended, as from 1 July 2001, by section 21(2) Social Security Amendment Act 2001 (2001 No 1) by substituting “an unemployment beneﬁt” for “a community wage” wherever it occurred.
Subsection (1) was amended, as from 1 July 2001, by section 21(1) Social Se­ curity Amendment Act 2001 (2001 No 1) by inserting, after “89(1)”, “and (2)”.

Subsection (1)(c) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

Subsection (3) was inserted, as from 1 July 2001, by section 21(3) Social Se­ curity Amendment Act 2001 (2001 No 1).
Subsection (3)(b) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by adding “or in a civil union”.

Subsection (3)(b) was amended, as from 1 April 2007, by section 5 Social Se­ curity Amendment Act 2005 (2005 No 21) by adding “or in a de facto relation­ ship”.
Unemployment beneﬁt: ineligibility 91 (1) No person is eligible to be granted an unemployment beneﬁt if he or she— (a) Is a full­time student (other than in the situation de­ scribed in section 90(2) or (3)); or 342 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 91 (2) (b) (c) 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 ment­related training.
Subsection (1) was amended, as from 20 October 1966, by section 3(1) Social Security Amendment Act 1966 (1966 No 85) by inserting the words “, or, being a New Zealand citizen over that age who is ordinarily resident in some other country or territory and who has at some previous time been ordinarily resident in New Zealand, is for the time being in New Zealand,” Subsection (3) was substituted, as from 20 October 1966, by section 3(2) Social Security Amendment Act 1966 (1966 No 85).
Subsection (5) was inserted, as from 20 October 1966, by section 3(3) Social Security Amendment Act 1966 (1966 No 85).

Subsection (5) was amended, as from 20 October 1972, by section 31 Social Security Amendment Act 1972 (1972 No 133) by inserting the words “or any class or classes of visitors to New Zealand,”.

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Part 2 (sections 87 to 100) was inserted, as from 1 October 1998, by section 53 Social Security Amendment Act 1998 (1998 No 19).

See section 54 of that Act as to the transfer of existing beneﬁciaries to the community wage.

The heading to section 91 was amended, as from 1 July 2001, by section 22(5) Social Security Amendment Act 2001 (2001 No 1) by substituting “Unemployment beneﬁt” for “Community wage”.
Subsection (1) was amended, as from 1 July 2001, by section 22(2) Social Se­ curity Amendment Act 2001 (2001 No 1) by substituting “an unemployment beneﬁt” for “a community wage”.

Subsection (1)(a) was amended, as from 1 July 2001, by section 22(1) Social Security Amendment Act 2001 (2001 No 1) by inserting, after the expression “90(2)”, the expression “or (3)”.
Subsection (1)(b) was amended, as from 2 October 2000, by section 240 Em­ ployment Relations Act 2000 (2000 No 24) by substituting “union” for “em­ ployees organisation”.

Subsection (2) was repealed, as from 2 October 2000, by section 240 Employ­ ment Relations Act 2000 (2000 No 24).
343 Part 2 s 92 Social Security Act 1964 Reprinted as at 19 December 2007 Community wage: application on grounds of sickness, injury, or disability [Repealed] Subsection (4)(f) was inserted, as from 7 June 1967, by section 8(1) Social Security Amendment Act 1967 (1967 No 4).

Subsection (6) was amended, as from 7 June 1967, by section 8(2) Social Se­ curity Amendment Act 1967 (1967 No 4) by inserting the words “or section 80”.
Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

Part 2 (sections 87 to 100) was inserted, as from 1 October 1998, by section 53 Social Security Amendment Act 1998 (1998 No 19).

See section 54 of that Act as to the transfer of existing beneﬁciaries to the community wage.

Sections 92 to 96 were repealed, as from 1 July 2001, by section 23 Social Security Amendment Act 2001 (2001 No 1).
Community wage: determination of application [Repealed] Subsection (1) was amended, as from 20 October 1972, by section 32(1) So­ cial Security Amendment Act 1972 (1972 No 133) by substituting “$1.25” for “seventy­ﬁve cents”.

Subsection (1)(b) was amended, as from 20 October 1966, by section 4(2) Social Security Amendment Act 1966 (1966 No 85) by inserting the words “, together with such travelling fees as may be payable by the Department under subsection (1A) of section 94 of this Act”.
Subsection (1)(b) and (c) was amended, as from 23 December 1977, by section 24(1)(a) and (b) Social Security Amendment Act (No 2) 1977 (1977 No 133) by substituting “travelling” for “mileage”.

Subsection (1A) was inserted, as from 29 September 1969, by section 10 Social Security Amendment Act 1969 (1969 No 46).

Subsection (1A) was substituted, as from 10 October 1975, by section 20(1) So­ cial Security Amendment Act 1975 (1975 No 123).
Subsection (1A)(b) was amended, as from 23 December 1977, by section 24(1)(a) Social Security Amendment Act (No 2) 1977 (1977 No 133) by inserting the words “other than a child in respect of whom a family beneﬁt is being paid”.

Subsection (1A)(c) was amended in two places, as from 23 December 1977, by section 24(2)(b) Social Security Amendment Act (No 2) 1977 (1977 No 133) by substituting “or widow” for “, widow, or child”.
Subsection (1A)(f) was substituted, as from 23 December 1977, by section 24(3) Social Security Amendment Act (No 2) 1977 (1977 No 133).

Subsection (1A)(j) was amended, as from 23 December 1977, by section 24(4) Social Security Amendment Act (No 2) 1977 (1977 No 133) by substi­ tuting “travelling” for “mileage”.
92 93 344 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 94 Subsection (1B) was inserted, as from 23 December 1977, by section 24(5) So­ cial Security Amendment Act (No 2) 1977 (1977 No 133).

The words “Director­General of Social Welfare” were substituted for “Social Security Commission”, as from 23 June 1987, pursuant to section 2(4) Social Security Amendment Act 1987 (1987 No 106).
Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

Part 2 (sections 87 to 100) was inserted, as from 1 October 1998, by section 53 Social Security Amendment Act 1998 (1998 No 19).

See section 54 of that Act as to the transfer of existing beneﬁciaries to the community wage.

Sections 92 to 96 were repealed, as from 1 July 2001, by section 23 Social Security Amendment Act 2001 (2001 No 1).
93A Additional fees for general medical services on public holidays and at night [Repealed] Section 93A was inserted, as from 29 September 1969, by section 21(1) Social Security Amendment Act 1969 (1969 No 46).

Section 93A was substituted, as from 10 October 1975, by section 21(1) Social Security Amendment Act 1975 (1975 No 123).

Section 93A(1)(ca) was inserted, as from 23 December 1977, by section 25(1) Social Security Amendment Act (No 2) 1977 (1977 No 133).
Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

94 Community wage: job seeker contract [Repealed] Subsections (1) and (1A) were amended, as from 23 December 1977, by section 26(1) and (2) respectively Social Security Amendment Act (No 2) 1977 (1977 No 133) by substituting “travelling” for “mileage”.
Subsection (1A) was inserted, as from 20 October 1966, by section 4(1) Social Security Amendment Act 1966 (1966 No 85).

Subsection (2) was substituted, as from 23 December 1977, by section 26(3) So­ cial Security Amendment Act (No 2) 1977 (1977 No 133) Subsection (3) was amended in two places, as from 24 August 1979, by sec­ tion 18(1) Social Security Amendment Act 1979 (1979 No 14) by substituting “travelling” for “mileage”.
Subsection (4) was amended, as from 24 August 1979, by section 18(2) Social Security Amendment Act 1979 (1979 No 14) by substituting “travelling” for “mileage”.

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

345 Part 2 s 94A Social Security Act 1964 Reprinted as at 19 December 2007 Part 2 (sections 87 to 100) was inserted, as from 1 October 1998, by section 53 Social Security Amendment Act 1998 (1998 No 19).
See section 54 of that Act as to the transfer of existing beneﬁciaries to the community wage.

Sections 92 to 96 were repealed, as from 1 July 2001, by section 23 Social Security Amendment Act 2001 (2001 No 1).

94A Rural practice bonuses [Repealed] Section 94A was inserted, as from 29 September 1969, by section 12 Social Security Amendment Act 1969 (1969 No 46).
Section 94A was amended, as from 17 July 1970, by section 5(1) Social Security Amendment Act 1970 (1970 No 9) by inserting the words “Any such notice may at any time in a like manner be revoked in whole or in part or amended”.

Subsection (1A) was inserted, as from 17 July 1970, by section 5(2) Social Security Amendment Act 1970 (1970 No 9).
Section 94A(3) was amended, as from 17 July 1970, by section 5(3) Social Security Amendment Act 1970 (1970 No 9) by inserting the words “, and may at any time determine that the said subsection (2) shall no longer apply to any medical practitioner to whom it has been so applied.

Every decision of the Minister under this subsection shall take effect on such date as the Minister determines, which may be a date before or after or the same as the date on which the decision is made”.
Subsections (4) and (5) were inserted, as from 17 July 1970, by section 5(4) Social Security Amendment Act 1970 (1970 No 9).

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

95 Job seeker contract for other beneﬁciaries [Repealed] Section 95 was repealed, as from 14 November 1973, by section 21 Social Se­ curity Amendment Act 1973 (1973 No 34).
Part 2 (sections 87 to 100) was inserted, as from 1 October 1998, by section 53 Social Security Amendment Act 1998 (1998 No 19).

See section 54 of that Act as to the transfer of existing beneﬁciaries to the community wage.

Subsection (4) was amended, as from 1 February 1999, by section 77(1)(a) So­ cial Security Amendment Act 1998 (1998 No 19) by inserting the words “Ex­ cept where subsection (5) applies,”.
It was amended by section 77(1)(b) of that Act by substituting “is a work­test married rate” for “is a married rate”.

Subsection (5) was inserted, as from 1 February 1999, by section 77(2) Social Security Amendment Act 1998 (1998 No 19).

Sections 92 to 96 were repealed, as from 1 July 2001, by section 23 Social Security Amendment Act 2001 (2001 No 1).
346 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 96A 96 Community wage: not payable until job seeker contract signed [Repealed] Subsection (1) was amended, as from 29 September 1969, by section 12 Social Security Amendment Act 1969 (1969 No 46) by substituting “, section 93A, or section 95” for “or section 95”.
Subsection (1) was amended, as from 29 September 1969, by section 13(b) So­ cial Security Amendment Act 1969 (1969 No 46) by inserting the words “Ex­ cept as provided in section 94A of this Act,”.

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

Part 2 (sections 87 to 100) was inserted, as from 1 October 1998, by section 53 Social Security Amendment Act 1998 (1998 No 19).
See section 54 of that Act as to the transfer of existing beneﬁciaries to the community wage.

Sections 92 to 96 were repealed, as from 1 July 2001, by section 23 Social Security Amendment Act 2001 (2001 No 1).

(2) 96A Unemployment beneﬁt: pre­beneﬁt 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 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 one or more stated pre­beneﬁt 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) (3) A requirement under subsection (2) may be oral or written.

(4) A pre­beneﬁt 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 (5) 347 Part 2 s 96A Social Security Act 1964 Reprinted as at 19 December 2007 (6) (7) (8) (9) (10) satisﬁed that the person has undertaken any required pre­bene­ 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 pre­beneﬁt 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(5).

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— (a) (b) (c) his or her application for an unemployment beneﬁt has lapsed under subsection (7); or 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, pre­beneﬁt activity— (a) means any of the following: (13) (i) (ii) 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: 348 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 97 (iii) (iv) (v) attending and participating in any interview with an ofﬁcer of the department: completing any self­assessment 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).

96B Department must explain obligations in relation to pre­beneﬁt 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).

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 work­tested 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 work­tested spouse or partner, must comply with the work test.

Section 97 was substituted, as from 29 September 1969, by section 14 Social Security Amendment Act 1969 (1969 No 46.).
Subsections (1) and (2) were repealed, as from 14 November 1973, by section 22(1) Social Security Amendment Act 1973 (1973 No 34).

349 Part 2 s 97A Social Security Act 1964 Reprinted as at 19 December 2007 Section 97(2): substituted, on 24 September 2007, by section 39 of the Social Security Amendment Act 2007 (2007 No 20).
Subsection (3) was amended, as from 1 January 1978, by section 27(1) Social Security Amendment Act (No 2) 1977 (1977 No 133) by substituting paras (a), (b) and (c) for the former paras (a) and (b).
Subsection (4) was amended, as from 1 October 1969, by section 6(1) Social Security Amendment Act 1970 (1970 No 9) by substituting “or where any spe­ cialist provides any specialist medical services for such a person who has not been referred to him by another medical practitioner, the person by whom the fee in respect of those services is paid to the medical practitioner or specialist” for “the person by whom the fee in respect of these services is paid to the med­ ical practitioner”.
Subsection (4) was amended, as from 1 November 1972, by section 34(b) Social Security Amendment Act 1972 (1972 No 133) by substituting “$1.25” for “75 cents”.

Subsection (5) was amended, as from 1 November 1972, by section 34(c) Social Security Amendment Act 1972 (1972 No 133) by substituting “$1.25 shall be read as a reference to $3” for “75 cents shall be read as a reference to $1.50”.
Subsection (5) was amended, as from 1 December 1974, by section 22 Social Security Amendment Act 1975 (1975 No 123) by substituting “$3” for “$2” Subsection (5A) was inserted, as from 1 January 1978, by section 27(2) Social Security Amendment Act (No 2) 1977 (1977 No 133) Subsection (8) was inserted, as from 1 October 1969, by section 6(2) Social Security Amendment Act 1970 (1970 No 9).
The words “Director­General” were substituted for “Commission”, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

Part 2 (sections 87 to 100) was inserted, as from 1 October 1998, by section 53 Social Security Amendment Act 1998 (1998 No 19).
See section 54 of that Act as to the transfer of existing beneﬁciaries to the community wage.

Section 97 was substituted, as from 1 July 2001, by section 24 Social Security Amendment Act 2001 (2001 No 1).

Subsection (2) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse” in both places it appears.
97A Immunisation beneﬁt [Repealed] Section 97A was inserted, as from 20 October 1972, by section 35 Social Se­ curity Amendment Act 1972 (1972 No 133).

Subsection (1) was amended, as from 10 October 1975, by section 23 Social Security Amendment Act 1975 (1975 No 123) by inserting “administered, such fees as may be ﬁxed from time to time by the Governor­General by Order in Council.
Any such Order in Council may ﬁx different fees in respect of different 350 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 99 circumstances under which vaccine is administered and may apply in respect of vaccine administered on or after such date as may be speciﬁed in the Order in Council, which may be a date before or after or the same as the date on which the Order in Council is made”.
Subsection (1) was amended, as from 1 September 1981, by section 18(1) Social Security Amendment Act 1981 (1981 No 46) by inserting “, or, if in the course of a programme of immunisation against rubella approved by the Department, vaccine supplied by the Department is administered to a female person of child bearing age,”.

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
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, in accordance with section 82.

(3) (4) (5) 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.
In subsection (1) the words “District Court Judge” were substituted for “Magis­ trate”, as from 1 April 1980, pursuant to section 18(2) District Courts Amend­ ment Act 1979 (1979 No 125).

Subsections (4A) and (4B) were inserted, as from 20 October 1972, by section 36 Social Security Amendment Act 1972 (1972 No 133).

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Part 2 (sections 87 to 100) was inserted, as from 1 October 1998, by section 53 Social Security Amendment Act 1998 (1998 No 19).

See section 54 of that Act as to the transfer of existing beneﬁciaries to the community wage.

Section 98 was substituted, as from 1 July 2001, by section 25 Social Security Amendment Act 2001 (2001 No 1).

Subsections (3) and (4) were repealed, as from 2 July 2007, by section 13(2) So­ cial Security Amendment Act 2007 (2007 No 20).
See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

Unemployment beneﬁt: rates 99 (1) An unemployment beneﬁt must be paid to a person granted the beneﬁt at the appropriate rate in Schedule 9.
351 Part 2 s 99 Social Security Act 1964 Reprinted as at 19 December 2007 [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 vol­ untary unemployment or loss of employment through misconduct 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 (ab) (b) A strike, either by himself or herself, or by fellow mem­ bers of the same union (as deﬁned in section 91(2)) at the same place of employment,— then the rate of unemployment beneﬁt that the applicant is en­ titled to receive during the period of non­entitlement of the spouse or partner is the appropriate rate in clause 5 of Sched­ ule 9.
Section 99 was substituted, as from 14 November 1973, by section 23 Social Security Amendment Act 1973 (1973 No 34).

Subsection (1) was substituted, as from 21 January 1981, by section 8(1) Social Security Amendment Act 1981 (1981 No 158).

Subsection (2)(b) was repealed, as from 21 January 1981, by section 8(2) Social Security Amendment Act 1981 (1981 No 158).

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Part 2 (sections 87 to 100) was inserted, as from 1 October 1998, by section 53 Social Security Amendment Act 1998 (1998 No 19).

See section 54 of that Act as to the transfer of existing beneﬁciaries to the community wage.

The heading to section 99 was amended, as from 1 July 2001, by section 26(6) Social Security Amendment Act 2001 (2001 No 1) by substituting “Unemployment beneﬁt” for “Community wage”.
Subsection (1) was amended, as from 1 July 2001, by section 26(1) Social Se­ curity Amendment Act 2001 (2001 No 1) by substituting “An unemployment beneﬁt must be paid to a person granted the beneﬁt” for “A community wage (2) (3) (4) 352 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 99A must be paid to a community wage earner”, and by omitting “, unless subsec­ tion (2) applies”.
Subsection (2) was repealed, as from 1 July 2001, by section 26(2) Social Se­ curity Amendment Act 2001 (2001 No 1).

Subsection (3) was amended, as from 1 July 2001, by section 26(3)(a) Social Security Amendment Act 2001 (2001 No 1) by substituting “person granted an unemployment beneﬁt” for “community wage earner”.

Subsection (3) was amended, as from 1 July 2001, by section 26(3)(b) Social Security Amendment Act 2001 (2001 No 1) by substituting “unemployment beneﬁt” for “community wage”.
Subsection (3) was amended, as from 1 July 2001, by section 26(3)(c) Social Security Amendment Act 2001 (2001 No 1) by substituting “a beneﬁciary” and “the beneﬁciary” for “an earner” and “the earner”, respectively.

Subsection (3) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
Subsection (4) was amended, as from 1 July 2001, by section 26(4) Social Se­ curity Amendment Act 2001 (2001 No 1) by substituting “an unemployment beneﬁt” for “a community wage”, and by substituting “unemployment bene­ ﬁt” for “community wage”.

Subsection (4) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse” in both places it appears.
Subsection (4)(ab) was inserted, as from 15 April 2005, by section 13 Social Security (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).

Subsection (4)(b) was amended, as from 1 July 2001, by section 26(5) Social Security Amendment Act 2001 (2001 No 1) by substituting “union” for “em­ ployees organisation (as deﬁned in section 91(2)”.
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.
353 Part 2 s 100 Social Security Act 1964 Reprinted as at 19 December 2007 (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. the operation of subsection For the avoidance of doubt, (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) any requirement to undertake an organised activity (c) 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.
(d) (e) (4) In this section, former section means a section of this Act as it was before 1 July 2001.

Section 99A was inserted, as from 1 July 2001, by section 27 Social Security Amendment Act 2001 (2001 No 1).

100 Department’s obligations in respect of work testing and community wage [Repealed] In subsection (1) the Pharmacy Act 1970 has been substituted for the repealed Pharmacy Act 1939.
Subsection (1) was amended, as from 14 November 1973, by section 24(1) So­ cial Security Amendment Act 1973 (1973 No 34) by substituting “section 99 of this Act” for “this section”.

Subsection (2) was substituted, as from 14 November 1973, by section 24(2) So­ cial Security Amendment Act 1973 (1973 No 34).

Subsection (3) was inserted, as from 14 November 1973, by section 24(2) Social Security Amendment Act 1973 (1973 No 34).
Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

Part 2 (sections 87 to 100) was inserted, as from 1 October 1998, by section 53 Social Security Amendment Act 1998 (1998 No 19).

See section 54 of that Act as to the transfer of existing beneﬁciaries to the community wage.

Section 100 was repealed, as from 1 July 2001, by section 28 Social Security Amendment Act 2001 (2001 No 1).
354 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 102 100A Extension of power of use by Crown of patented invention [Repealed] Section 100A was inserted, as from 14 November 1973, by section 25 Social Security Amendment Act 1973 (1973 No 34).

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Work test 101 Purpose of section 60H and sections 102 to 123D [Repealed] Subsection (2) was repealed, as from 1 January 1970, by section 134(1) Domes­ tic Proceedings Act 1968 (1968 No 62).

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).
Section 101 was repealed, as from 1 July 2001, by section 29 Social Security Amendment Act 2001 (2001 No 1).

(2) 102 Application and obligations of work test (1) The work test applies to a person while he or she is a work­ tested beneﬁciary, and the person is subject to the obligations of the work test set out in subsection (2) from the date on which the work­tested beneﬁt is ﬁrst paid.
The work test obligations are— (a) to be available for, and take reasonable steps to obtain, suitable employment; and to accept any offer of suitable employment, whether full­time employment, part­time work, temporary em­ ployment, 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 (b) (c) (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 to undertake planning for employment: (da) 355 Part 2 s 102 Social Security Act 1964 Reprinted as at 19 December 2007 (e) (f) (g) (h) if required by the chief executive, to co­operate to the satisfaction of the chief executive in developing a job­ seeker agreement and then to sign it; and if required to by the chief executive, to include in the beneﬁciary’s job­seeker agreement a job­seeker devel­ opment activity that the chief executive considers is suitable for the beneﬁciary; and once the person has signed a job­seeker agreement,— to undertake the job­search activities set out in (i) the agreement; and to undertake and complete any job­seeker 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; and (iii) (ii) in the case of a beneﬁciary to whom subsection (2B) ap­ plies, to undertake, when required by the chief execu­ tive, any activity (including rehabilitation but not med­ ical treatment) the chief executive considers suitable for the beneﬁciary to improve the beneﬁciary’s work­readi­ ness or prospects for employment.
(2A) A person— (a) cannot be required to include in his or her job seeker agreement provisions relating to his or her undertaking activity 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 job seeker agreement).

(b) (2B) Subsection (2)(h) applies whether or not a beneﬁciary is sub­ ject to a sanction for failing to comply with the work test.
(2C) This subsection applies to a work­tested beneﬁciary who— (a) has not been required to co­operate in developing a job­ seeker agreement in accordance with subsection (2)(e); or 356 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 102 (3) (4) (5) (b) has not signed, or has failed or refused to co­operate in developing or signing, a job­seeker agreement in ac­ cordance with subsection (2)(e).
The failure by a beneﬁciary to undertake or complete a recog­ nised community activity or activity in the community, as set out in his or her job seeker agreement, is not a failure to comply with a work test obligation for the purpose of section 115(1)(a).

The employment referred to in subsection (2)(a) is,— (a) (b) for a part­time work­tested beneﬁciary, part­time work: for any other work­tested beneﬁciary, full­time employ­ ment.
The work test does not apply to a work­tested 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.
(6) A work test obligation set out in subsection (2) does not apply on any day unless— (a) (b) the day is a day between Monday and Friday (inclu­ sive); or regulations under this Act provide (in relation to the obligation, obligations that include it, or all obligations) that it applies on that day of the week.

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Section 102 was substituted, as from 1 July 2001, by section 30 Social Security Amendment Act 2001 (2001 No 1).

Section 102(2)(da): inserted, on 24 September 2007, by section 40(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 102(2)(e): substituted, on 24 September 2007, by section 40(1) of the Social Security Amendment Act 2007 (2007 No 20).
Section 102(2)(f): substituted, on 24 September 2007, by section 40(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 102(2)(g): substituted, on 24 September 2007, by section 40(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 102(2)(h): added, on 24 September 2007, by section 40(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 102(2A): inserted, on 24 September 2007, by section 40(2) of the Social Security Amendment Act 2007 (2007 No 20).
357 Part 2 s 102A Social Security Act 1964 Reprinted as at 19 December 2007 Section 102(2B): inserted, on 24 September 2007, by section 40(2) of the Social Security Amendment Act 2007 (2007 No 20).

Section 102(2C): inserted, on 24 September 2007, by section 40(2) of the Social Security Amendment Act 2007 (2007 No 20).

Section 102(3): amended, on 24 September 2007, by section 40(3) of the Social Security Amendment Act 2007 (2007 No 20).
Section 102(6): substituted, on 24 September 2007, by section 40(4) of the Social Security Amendment Act 2007 (2007 No 20).

Subsection (6)(a) was repealed, as from 2 July 2007, by section 13(2) Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

Subsection (6)(aa) was inserted, as from 26 September 2002, by section 24 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Subsection (6)(aa) was repealed, as from 2 July 2007, by section 13(2) Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

102A Accounts for treatment to show gross amount, etc [Repealed] Compare: 1963 No 47 s 17 Section 102A was inserted, as from 24 August 1979, by section 19 Social Se­ curity Amendment Act 1979 (1979 No 14).
Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

103 Delayed application of work test: age of dependent child (1) This section applies if a beneﬁciary has a dependent child and the beneﬁciary will become subject to the work test when the child attains a particular age.
(2) A person to whom this section applies is not required to com­ ply with the work test until 4 weeks after the child attains the particular age giving rise to the obligation to comply with the work test.

A reference to section 9 of the Mental Health Act 1969, in subsection (2) of the original section 103, was substituted for section 45 of the repealed section 9 of the Mental Health Act 1911, as from 1 April 1970.
Subsection (2) was amended, as from 29 September 1969, by section 15 Social Security Amendment Act 1969 (1969 No 46).

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).
358 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 105 104 Delayed application of work test: bereavement or separation [Repealed] Section 104 was repealed, by section 129(1) Mental Health Act 1969.

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).
Section 104 was repealed, as from 10 March 2003, by section 25 Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

104A Transitional provision dealing with deferrals (1) This section applies to a work­tested 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) (b) (c) 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 or­ ganised activities were job seeker development activ­ ities included in a job seeker agreement signed by the beneﬁciary.
Section 104A was inserted, as from 1 July 2001, by section 31 Social Security Amendment Act 2001 (2001 No 1).

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 the work test 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.
(2) 359 Part 2 s 105 Social Security Act 1964 Reprinted as at 19 December 2007 (3) 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.

(4) An exemption under this section may be granted— For a time set by the chief executive; or (a) (b) On conditions set by the chief executive; or (c) For both a time and on conditions set by the chief ex­ ecutive.
(5) A beneﬁciary who has been granted an exemption from the work test may be required to attend an interview with an of­ ﬁcer 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.

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
(7) Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Subsection (1) was amended, as from 15 November 2000, by section 5(1) So­ cial Security Amendment Act 2000 (2000 No 81) by substituting “person” for “beneﬁciary”.

Subsection (5) was amended, as from 15 November 2000, by section 5(2) Social Security Amendment Act 2000 (2000 No 81) substituting the word “person” for “beneﬁciary” where it ﬁrst appears.
Subsection (5) was substituted, as from 1 July 2001, by section 32 Social Se­ curity Amendment Act 2001 (2001 No 1).

Subsection (5A) was inserted, as from 1 July 2001, by section 32 Social Security Amendment Act 2001 (2001 No 1).

360 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 105A Job seeker agreements This heading “Job seeker agreements” was inserted, as from 1 July 2001, by section 33 Social Security Amendment Act 2001 (2001 No 1).
105A Description of job seeker agreement and responsibilities arising from it (1) A job seeker agreement is a statutory agreement and plan for obtaining employment in which— (a) the chief executive sets out what the department will do to assist a work­tested beneﬁciary to obtain employ­ ment, improve his or her employment prospects, or both; and the beneﬁciary acknowledges the responsibilities aris­ ing out of receipt of the beneﬁt or (in the case of a work­tested spouse or partner) payment of part of the beneﬁt in respect of the spouse or partner.
(b) (2) A job seeker agreement— (a) must include an acknowledgment by the beneﬁciary that he or she is subject to the work test obligations (as set out in section 102); and (b) must specify the job­search activities the beneﬁciary will undertake; and (c) may include any job seeker development activities, recognised community activities, or other activities that the beneﬁciary agrees to undertake; and (d) must explain the sanctions that may be imposed if the beneﬁciary fails to comply with certain parts of the work test (as set out in section 117); and (e) must specify the assistance the department will give to assist the beneﬁciary obtain employment or improve his or her employment prospects, and any conditions on which the assistance will be provided or to which it is subject.
(3) A signed job seeker agreement does not create or imply an employment relationship between the chief executive and the beneﬁciary, nor does it create rights or obligations that are en­ forceable in any court or tribunal.

(4) Nothing in subsection (3) affects section 10A, or sections 12J to 12R.

361 Part 2 s 105B Social Security Act 1964 Reprinted as at 19 December 2007 Sections 105A to 105D were inserted, as from 1 July 2001, by section 33 Social Security Amendment Act 2001 (2001 No 1).
Section 105A(1): amended, on 24 September 2007, by section 41 of the Social Security Amendment Act 2007 (2007 No 20).

Subsection (1)(b) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse” in both places it appears.
105B Entering into and reviewing job seeker agreement (1) A job seeker agreement should be developed through a process of negotiation between the beneﬁciary and the chief executive in which the parties aim to promptly conclude and sign an agreement acceptable to both of them.
If, despite reasonable efforts by the chief executive, the bene­ ﬁciary does not co­operate in the prompt development of a job seeker agreement, or does not sign it within a reasonable period once it is satisfactory to the chief executive, the chief executive may conclude that the beneﬁciary has failed his or her work test obligations under section 102(2)(e).
(2) (3) At any time after a job seeker agreement is signed, a beneﬁ­ ciary may ask for a review of the agreement; but, until a review is complete, the beneﬁciary must comply with the job seeker agreement in its current form.

(4) When a beneﬁciary asks for a review of his or her job seeker agreement, the chief executive must review it as soon as prac­ ticable and may, by agreement with the beneﬁciary, amend the job seeker agreement.
The chief executive may at any time review a beneﬁciary’s job seeker agreement, and may then,— (a) (5) by agreement with the beneﬁciary, amend the agree­ ment; or require the beneﬁciary to co­operate in the development of a replacement job seeker agreement to the satisfac­ tion of the chief executive, and then to sign the new agreement.
(b) (6) An agreement entered into under subsection (5)(b) replaces any earlier agreement and is for all purposes to be treated as an agreement entered into under subsection (1).

Sections 105A to 105D were inserted, as from 1 July 2001, by section 33 Social Security Amendment Act 2001 (2001 No 1).
362 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 105D 105C Department to explain to beneﬁciaries their rights and obligations The chief executive must take reasonable and appropriate steps to make every work­tested beneﬁciary aware, before he or she signs a job seeker agreement, of— (a) his or her obligations arising from payment of a work­ tested beneﬁt; and the import and consequences of signing a job seeker agreement; and the consequences of failure to comply with the work test and, in particular, the sanctions that may be imposed under section 117; and the beneﬁciary’s right under section 105B(3) to ask for a review of his or her job seeker agreement; and the beneﬁciary’s rights under sections 10A and 12J to review and appeal decisions relating to the job seeker agreement.
(b) (c) (d) (e) Sections 105A to 105D were inserted, as from 1 July 2001, by section 33 Social Security Amendment Act 2001 (2001 No 1).
105D Job seeker contracts to have effect as job seeker agreements Every job seeker contract that was in effect under this Act on 30 June 2001 continues in effect, in relation to a work­tested beneﬁciary, after that date as if it were a job seeker agreement entered into under section 105B, and remains in effect until— the person to whom it applies ceases to be a work­tested (a) beneﬁciary; or it is replaced by a new job seeker agreement entered into under section 105B.
(ba) Sections 105A to 105D were inserted, as from 1 July 2001, by section 33 Social Security Amendment Act 2001 (2001 No 1).

Deferral of work­test obligations This heading was substituted for the heading “Maternity Beneﬁts”.

by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

The heading “Deferral of Work­Test Obligations” was repealed, as from 1 July 2001, by section 34 Social Security Amendment Act 2001 (2001 No 1).
363 Part 2 s 106 Social Security Act 1964 Reprinted as at 19 December 2007 106 Application for deferral of work­test obligations [Repealed] Subsections (2) and (3) were repealed, as from 7 June 1967, by section 10 Social Security Amendment Act 1967 (1967 No 4).

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Sections 106 to 109 were repealed, as from 1 July 2001, by section 34 Social Security Amendment Act 2001 (2001 No 1).

107 Chief executive may defer work­test obligations [Repealed] Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Sections 106 to 109 were repealed, as from 1 July 2001, by section 34 Social Security Amendment Act 2001 (2001 No 1).

108 Effect of deferral [Repealed] Subsection (2) was repealed, as from 1 January 1970, by section 134(1) Domes­ tic Proceedings Act 1968 (1968 No 62).
Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Sections 106 to 109 were repealed, as from 1 July 2001, by section 34 Social Security Amendment Act 2001 (2001 No 1).
109 Persons who are to notify change of circumstances affecting exemption or deferral [Repealed] Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Sections 106 to 109 were repealed, as from 1 July 2001, by section 34 Social Security Amendment Act 2001 (2001 No 1).
364 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 110 Job seeker development activities This heading was substituted for the heading “Organised Activities”, as from 1 July 2001, by section 35 Social Security Amendment Act 2001 (2001 No 1).

(2) 110 Deﬁning job seeker development activities (1) A job seeker development activity is an activity deﬁned from time to time by the chief executive under this section as a job seeker development activity.
The activities that the chief executive may deﬁne as job seeker development activities include, but are not limited to,— (a) (b) work assessment: participation in a programme or seminar to increase par­ ticular skills or enhance motivation: participation in a work experience or work exploration activity: participation in employment­related training.
(d) The chief executive may deﬁne an activity or category of ac­ tivity as a job seeker development activity only if the chief executive is satisﬁed that the activity— (a) (c) is likely to increase the prospect for self­reliance of beneﬁciaries who participate in it by increasing their awareness of, and participation in, opportunities for em­ ployment, and for self­betterment, education, or train­ ing; or is likely to strengthen incentives for persons who par­ ticipate in it to remain in employment or move into un­ subsidised employment.
(b) The chief executive must specify any conditions that apply to an activity that he or she deﬁnes as a job seeker development activity.

The chief executive must deﬁne a range of job seeker devel­ opment activities, and may deﬁne different job seeker devel­ opment activities for different geographical locations.

The chief executive’s discretion to deﬁne job seeker develop­ ment activities is subject to any direction by the Minister.
Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).
365 (3) (4) (5) (6) Part 2 s 111 Social Security Act 1964 Reprinted as at 19 December 2007 Subsection (3)(f) was amended, as from 1 April 2001, by section 5(1) Social Security Amendment Act 2001 (2001 No 1) by omitting “(including community work)”.

Subsection (3)(ha) was inserted, as from 1 April 2001, by section 5(2) Social Security Amendment Act 2001 (2001 No 1).

Sections 110 to 112 were substituted, as from 1 July 2001, by section 35 Social Security Amendment Act 2001 (2001 No 1).
111 Assistance provided by department (1) If, following a requirement under section 102(2)(f), a beneﬁ­ ciary 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 bene­ ﬁciary 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.
Subsection (2) was amended, as from 7 June 1967, by section 11 Social Security Amendment Act 1967 (1967 No 4) by substituting “Medical Association of New Zealand” for “New Zealand Branch of British Medical Association”.

The words “High Court”, in subsection (2) were substituted for “Supreme Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
(2) (3) (4) 366 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 113 Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).
Subsection (1) was amended, as from 1 April 2001, by section 6(1) Social Secur­ ity Amendment Act 2001 (2001 No 1) by inserting, after the word “activities”, the words “(other than a recognised community activity)”.

Subsection (1A) was inserted, as from 1 April 2001, by section 6(2) Social Security Amendment Act 2001 (2001 No 1).

Sections 110 to 112 were substituted, as from 1 July 2001, by section 35 Social Security Amendment Act 2001 (2001 No 1).
112 Organised activities to have effect as job seeker development activities (1) A work­tested beneﬁciary who, immediately before 1 July 2001, was required to participate in an organised activity (other than a recognised community activity) is obliged to continue to participate in that activity as if the activity were a job seeker development activity included in the beneﬁciary’s job seeker agreement.
The obligation to continue participating in the activity con­ tinues until the beneﬁciary enters into a job seeker agreement.

Subsection (3) was amended, as from 29 September 1969, pursuant to section 16 Social Security Amendment Act 1969 (1969 No 124) by omitting “obstetric”.

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
(2) Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Sections 110 to 112 were substituted, as from 1 July 2001, by section 35 Social Security Amendment Act 2001 (2001 No 1).

Sanctions regime 113 Procedure for imposing sanctions (1) This section applies where a sanction is to be imposed on a beneﬁciary under section 117.
(2) Where this section applies, the chief executive must not sus­ pend or cancel a beneﬁt payable to a beneﬁciary unless the chief executive has 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 non­compliance; and (b) 367 Part 2 s 114 Social Security Act 1964 Reprinted as at 19 December 2007 (f) (c) (e) (d) Stating that, on the basis of that non­compliance, the chief executive is suspending or cancelling the beneﬁt payable to the beneﬁciary; and Specifying a date on which the suspension or cancella­ tion is to take effect, and, in the case of a suspension, the nature and duration of the suspension ; and Stating that the beneﬁciary has 5 working days from the giving of the notice to dispute the suspension or cancellation; and Advising the beneﬁciary to contact the department if the beneﬁciary wants to dispute or discuss the decision to suspend or cancel the beneﬁt; and 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 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).

Subsection (1) was repealed, as from 14 November 1973, by section 26(1)(a) Social Security Amendment Act 1973 (1973 No 34).

(g) (3) Subsection (2) was repealed, as from 14 November 1973, by section 26(1)(b) Social Security Amendment Act 1973 (1973 No 34).
Subsection (3) was amended, as from 29 September 1969, by section 17(2)(b) Social Security Amendment Act 1969 (1969 No 46) by omitting “obstetric”.

Subsection (4) was amended, as from 29 September 1969, by section 17(2)(c) Social Security Amendment Act 1969 (1969 No 46) by substituting “specialists for the purposes of this section” for “obstetric specialists”.

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Section 113 was amended, as from 1 July 2001, by section 43(4)(b) Social Se­ curity Amendment Act 2001 (2001 No 1) by omitting “or reduce”, “or reduc­ ing”, and “or reduction” wherever they occur.

Subsection (1) was amended, as from 1 July 2001, by section 43(4)(a) Social Security Amendment Act 2001 (2001 No 1) by substituting “section 117” for “sections 115 to 118”.
114 Notices A notice may be given under section 113 to a person— By delivering it to that person personally; or (a) By leaving it— (b) 368 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 115 (i) At that person’s usual or last known place of resi­ dence or business; or (ii) 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.
Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 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 work­tested 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) (2) Before determining that a beneﬁciary has failed to comply with any work test obligation, the chief executive must review the beneﬁciary’s job seeker agreement (if the beneﬁciary has one).
(3) A beneﬁciary has a good and sufﬁcient reason for not under­ taking or completing an activity in the beneﬁciary’s job seeker agreement if— (a) doing so was dependent upon the provision by the de­ partment of any assistance speciﬁed in the person’s job seeker agreement; and that assistance was either not supplied, or not supplied to the extent, or in the manner, speciﬁed in the agree­ ment.
(b) 369 Part 2 s 115A Social Security Act 1964 Reprinted as at 19 December 2007 (4) A beneﬁciary who has 1 or more dependent children has a good and sufﬁcient reason for not participating in or complet­ ing any job seeker development activity in his or her job seeker agreement if the activity involves participation during hours when it would be unreasonable to expect any dependent child of the person to be without that person’s supervision.
(5) A full­time work­tested beneﬁciary who leaves, without good and sufﬁcient reason, or is dismissed for misconduct from, part­time work or employment averaging less than 15 hours a week is treated as someone to whom subsection (1) applies.

(6) A part­time work­tested 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.

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

(7) Sections 101 to 123D were inserted, as from 1 October 1998, by section 7Social Security (Work Test) Amendment Act 1998 (1998 No 94).
Sections 115 to 117 were substituted, and section 118 was repealed, as from 1 July 2001, by section 36 Social Security Amendment Act 2001 (2001 No 1).

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).
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,— 117 (1) 370 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 118 (a) (b) (c) for a ﬁrst failure, suspension of the person’s beneﬁt until the person recomplies: 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) (3) Subsection (2) is subject to sections 120 and 121, and to sec­ tions 123 to 123B.
Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Sections 115 to 117 were substituted, and section 118 was repealed, as from 1 July 2001, by section 36 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).

118 Penalties for failure to participate in organised activity to satisfaction of chief executive [Repealed] Paragraph (f) was inserted, as from 23 December 1977, by section 28 Social Security Amendment Act (No 2) 1977 (1977 No 133).

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Subsection (1A) was inserted, as from 1 April 2001, by section 8 Social Security Amendment Act 2001 (2001 No 1).

Sections 115 to 117 were substituted, and section 118 was repealed, as from 1 July 2001, by section 36 Social Security Amendment Act 2001 (2001 No 1).
371 Part 2 s 119 Social Security Act 1964 Reprinted as at 19 December 2007 119 Calculation of failure rate (1) 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; 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.
(4) Nothing in subsection (1)(b)(ii) affects the implementation, af­ ter the 12­month period, of a sanction based on any prior cal­ culation of the number of failures by a person to comply with the the appropriate work test obligation or other obligation im­ posed 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 (2).
Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

(5) Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Subsection (1) was amended, as from 1 July 2001, by section 37(1) Social Se­ curity Amendment Act 2001 (2001 No 1) by substituting “section 117” for “section 115 or section 116 or section 118”.
372 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 120 Subsection (1)(a) was substituted, as from 1 July 2001, by section 37(2) Social Security Amendment Act 2001 (2001 No 1).

Subsection (2) was amended, as from 1 July 2001, by section 37(3) Social Se­ curity Amendment Act 2001 (2001 No 1) by substituting “section 115 or section 116” for “any of sections 115, 116, and 118”.
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(4): amended, on 24 September 2007, by section 42(4) of the Social Security Amendment Act 2007 (2007 No 20).
120 Modiﬁed effect in some cases of sanctions on rate of (1) (2) (b) beneﬁt for people married or in civil union or de facto relationship If the suspension or cancellation under section 117 of a beneﬁt payable at a work­test married rate results from the failure of one of the spouses or partners in respect of whom the beneﬁt is paid to comply with a work­test 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 suspension or cancellation under section 117 of a beneﬁt payable at a work­test married rate results from the failure of both work­tested spouses or partners in respect of whom the beneﬁt is paid to comply with work­test obligations, and they have one 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: substituted, on 24 September 2007, by section 43 of the Social Security Amendment Act 2007 (2007 No 20).
373 Part 2 s 121 Social Security Act 1964 Reprinted as at 19 December 2007 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) Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Section 121 was amended, as from 1 July 2001, by section 43(7) Social Security Amendment Act 2001 (2001 No 1) by substituting “section 117” for “section 115 or section 116”.
General provisions 122 Meaning of recompliance In relation to a failure under section 115 or section 115A, a person recomplies (for the purpose of section 117) if the person remedies the relevant failure or, if it is not possible to remedy the failure, the person undertakes to the satisfaction of the chief executive,— (a) in the case of a work­tested beneﬁciary, some other ac­ tivity speciﬁed in the person’s job seeker agreement or, if there is no other activity speciﬁed, a job seeker devel­ opment activity approved by the chief executive; or in any other case, some other activity of the kind spe­ ciﬁed in section 60GAB(5) and approved by the chief executive.
(b) Section 122: amended, on 24 September 2007, by section 42(5) of the Social Security Amendment Act 2007 (2007 No 20).

Subsection (1) was amended, as from 17 July 1970, by section 7 Social Security Amendment Act 1970 (1970 No 9) by inserting “or ﬁxed by any regulations for the time being in force under this Act”.

Subsection (8A) was inserted, as from 14 November 1973, by section 27(1) Social Security Amendment Act 1970 (1970 No 9).
374 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 123 Subsection (12) was inserted, as from 14 November 1973, by section 27(2) Social Security Amendment Act 1970 (1970 No 9).

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).
Section 122 was substituted, as from 1 July 2001, by section 38 Social Security Amendment Act 2001 (2001 No 1).

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 en­ titled to a beneﬁt for 13 weeks, under section 60H or section 117; and (b) Who either— (i) (ia) Ceases to be a work­tested beneﬁciary (other than because of the imposition of that suspension or 13­week 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 13­week period); or (ii) Obtains, under section 105, an exemption from the work test or an exemption from complying with section 60HA.
(2) (3) (4) From the date the chief executive decides he or she is satisﬁed this section applies to a person,— (a) (b) The period of suspension of the beneﬁt ends; or The person is no longer subject to the 13­week 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.
375 Part 2 s 123A Social Security Act 1964 Reprinted as at 19 December 2007 Section 123 heading: amended, on 24 September 2007, by section 42(6) of the Social Security Amendment Act 2007 (2007 No 20).

Subsection (1)(ga) was inserted, as from 14 November 1973, by section 28 So­ cial Security Amendment Act 1973 (1973 No 34).

Subsection (1)(h) was amended, as from 17 July 1970, by section 8 Social Se­ curity Amendment Act 1970 (1970 No 9) by inserting “or not to be specialist medical services”.
Subsection (1)(i) was repealed, as from 7 June 1967, by section 13 Social Se­ curity Amendment Act 1967 (1967 No 4).

Subsection (2) was inserted, as from 3 December 1970, by section 7 Social Security Amendment Act (No 2) 1970 (1970 No 149).

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Subsection (1)(a) was amended, as from 1 July 2001, by section 39(1) Social Security Amendment Act 2001 (2001 No 1) by substituting “section 117” for “section 115 or section 116”.

Section 123(1)(b)(ia): amended, on 24 September 2007, by section 42(6) of the Social Security Amendment Act 2007 (2007 No 20).
Subsection (1)(b)(ia) was inserted, as from 1 July 2001, by section 39(2) Social Security Amendment Act 2001 (2001 No 1).

Subsection (1)(b)(ii) was amended, as from 1 July 2001, by section 39(3) Social Security Amendment Act 2001 (2001 No 1) by inserting “or an exemption from complying with section 60HA”.

123A Effect of employment on non­entitlement 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 13­week period lapses.

In subsection (1), beneﬁt includes part of a beneﬁt.

Section 123A was inserted, as from 1 May 1986, by section 110(1) Commerce Act 1986 (1986 No 5).

Part 2 (sections 87 to 123A) was repealed, as from 1 July 1993, by section 24(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

(2) (3) (4) 376 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 123B Subsection (1) was amended, as from 1 July 2001, by section 40(1) Social Se­ curity Amendment Act 2001 (2001 No 1) by substituting “section 117” for “section 115 or section 116”.
Subsection (3) was repealed, as from 1 July 2001, by section 40(2) Social Se­ curity Amendment Act 2001 (2001 No 1).
123B Effect of participation in certain activities on (1) (2) non­entitlement period This section applies to a person who— (a) (b) is subject to a 13­week period of non­entitlement 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) (ii) (iii) job seeker development activities: recognised community activities: part­time work (in the case of a part­time work­ tested beneﬁciary).
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 non­entitlement 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 non­entitlement 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 non­entitlement 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— 377 Part 2 s 123C Social Security Act 1964 Reprinted as at 19 December 2007 (a) (b) ceases to be a work­tested beneﬁciary or a beneﬁ­ ciary 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.
(6) If the person is still entitled to the beneﬁt at the end of the period of satisfactory participation or non­entitlement (as the 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).

Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).
Sections 123B and 123C were substituted, as from 1 July 2001, by section 41 Social Security Amendment Act 2001 (2001 No 1).

Section 123B(5)(a): amended, on 24 September 2007, by section 42(6) of the Social Security Amendment Act 2007 (2007 No 20).

Subsection (7) was amended, as from 26 September 2002, by section 26 So­ cial Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28) by substituting “86(1)” for “86(1A)”.
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 job seeker agreement or under section 122 or section 123B, is doing work as part of a job seeker activity; or (b) who is a beneﬁciary and, in accordance with a personal development and employment plan or a requirement under section 60GAB or otherwise, is doing work as part of an employment­related 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.
(1) (2) (3) 378 Reprinted as at 19 December 2007 Social Security Act 1964 Part 2 s 123D Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).

Subsection (1) was amended, as from 1 April 2001, by section 9(1) Social Secur­ ity Amendment Act 2001 (2001 No 1) by inserting, after the words “undertakes any work”, the words “other than voluntary work”.
Subsection (1A) was inserted, as from 1 April 2001, by section 9(2) Social Security Amendment Act 2001 (2001 No 1).

Sections 123B and 123C were substituted, as from 1 July 2001, by section 41 Social Security Amendment Act 2001 (2001 No 1).

Subsection (1) was substituted, as from 26 September 2002, by section 27 So­ cial Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).
Subsection (1)(a) was amended, as from 2 July 2007, by section 14(2)(a) Social Security Amendment Act 2007 (2007 No 20) by omitting “or an activity in the community”.

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

Section 123C(1)(b): amended, on 24 September 2007, by section 42(6) of the Social Security Amendment Act 2007 (2007 No 20).
Subsection (1)(b) was amended, as from 2 July 2007, by section 14(2)(b) So­ cial Security Amendment Act 2007 (2007 No 20) by inserting “or activity in the community” after “activity”.

See section 20 of that Act for transitional ar­ rangements for ﬁnancially disadvantaged people.
123D Regulations Without limiting the general power to make regulations con­ ferred by section 132, the Governor­General 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 the work test or the obli­ gation to comply with section 60HA and specifying the grounds on which exemptions may be granted for each of those categories: (b) (c) Sections 101 to 123D were inserted, as from 1 October 1998, by section 7 Social Security (Work Test) Amendment Act 1998 (1998 No 94).
Paragraph (a) was amended, as from 15 November 2000, by section 5(1) So­ cial Security Amendment Act 2000 (2000 No 81) by substituting “persons” for “beneﬁciaries”.

Paragraphs (b) and (c) were repealed, as from 1 July 2001, by section 42 Social Security Amendment Act 2001 (2001 No 1).
379 Part 3 s 124 Social Security Act 1964 Reprinted as at 19 December 2007 Part 3 General provisions 124 Money payable out of Crown Bank Account (1) There shall from time to time be paid out of the Crown Bank Account, from money appropriated by Parliament for the pur­ pose,— (a) All money required to be expended in providing bene­ ﬁts and making other payments under this Act: (aa) (b) All other expenditure incurred in the administration of (c) 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: (d) 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: (da) (dd) All other money that may be appropriated by Parliament for the purposes of this Act, or that may be appropriated for any purpose incidental or related to the purposes of this Act.
(e) (1A) Every welfare programme approved by the Minister under subsection (1)(d) of this section— (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) The programme; and (ii) Any applicant for assistance under the pro­ gramme; and (iii) Any other speciﬁed class or classes of person— 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 380 Reprinted as at 19 December 2007 Social Security Act 1964 Part 3 s 124 Gazette and lay before the House of Representatives a copy of the programme.

(1C) There must from time to time be paid out of the 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 the Crown Bank Account by way of special assistance pur­ suant 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) (b) as if it were made by way of beneﬁt under Part 1; and 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) the fraud had not occurred; or the false statement had not been made; or the ofﬁcer had not been misled.
(3) (4) Inserted by s 8 Social Security Amendment Act 1968 (1968 No 44) and repealed by s 34(3) Social Security Amendment Act 1976 (1976 No 40).

Inserted by s 19(2) Social Security Amendment Act 1969 (1969 No 46) and repealed by s 28(3)(a) Disabled Persons Community Welfare Act 1975 (1975 No 122) from 5 Novem­ ber 1976; see SR 1976/284.
Compare: 1938 No 7 s 106; 1957 No 93 s 5(3); 1958 No 46 s 28(2); 1963 No 46 s 24 381 Part 3 s 124 Social Security Act 1964 Reprinted as at 19 December 2007 Section 124 was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “Minister” for “Minister of Social Welfare”.
Section 124 was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “chief executive” for “Director­General of Social Welfare” and “Director­General”.

In subsections (1) and (2)(a) the reference to the “Consolidated Account” was substituted for a reference to the “Consolidated Revenue Account”, as from 1 April 1978, pursuant to section 114(6) Public Finance Act 1977 (1977 No 65).
The words “Consolidated Account” were substituted, as from 1 July 1989, by the words “Crown Bank Account” pursuant to section 83(7) Public Finance Act 1989 (1989 No 44).

Subsection (1)(a) was amended, as from 1 April 2005, by section 16(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51) by omit­ ting “Part 1 or Part 2 of”.

See sections 23 to 25 of that Act as to the transitional provisions.
Subsection (1)(aa) was inserted, as from 21 November 1984, by section 10 So­ cial Security Amendment Act 1984 (1984 No 8).

Subsection (1)(aa) was repealed, as from 1 October 1986, by section 17(1)(e) Social Security Amendment Act 1986 (1986 No 39).

Subsection (1)(b) was substituted, as from 1 April 1972, by section 18(3) De­ partment of Social Welfare Act 1971 (1971 No 60).
Subsection (1)(c) was amended, as from 1 October 1998, by section 11 Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “income support or employment” for “social welfare”.

Subsection (1)(d) was amended, as from 1 April 1972, by section 18(2) De­ partment of Social Welfare Act 1971 (1971 No 60) by substituting “Minister of Social Welfare” for “Minister of Social Security”.
Subsection (1)(d) was amended, as from 10 October 1975, by section 24 Social Security Amendment Act 1975 (1975 No 123) by omitting “granting supple­ mentary assistance under” Subsection (1)(d) was amended, as from 1 November 1976, by section 34(1) So­ cial Security Amendment Act 1976 (1976 No 40) by inserting the words “grant­ ing special assistance under”.

Subsection (1)(d) was substituted, as from 17 September 1997, by Social Se­ curity Amendment Act (No 4) 1997 (1997 No 63).
See section 24(4) of that Act as to the power of the Minister of Social Security to establish and approve any welfare programme for special assistance for the purposes of this section.

Subsection (1)(da) was inserted by section 22 Social Security Amendment Act (No 2) 1988 (1988 No 147).

Subsection (1)(da) was repealed, as from 15 April 2005, by section 14 Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).
Subsection (1)(dd) was inserted, as from 29 September 1969, by section 19(1) Social Security Amendment Act 1969 (1969 No 46) and repealed as from 5 November 1976, by section 28(3)(a) Disabled Persons Community Welfare Act 1975 (1975 No 122).

382 Reprinted as at 19 December 2007 Social Security Act 1964 Part 3 s 125 Subsection (1A) was inserted, as from 30 June 1993, by section 28(1) Social Security Amendment Act (No 3) (1993 No 57).
Subsection (1A) was amended, as from 1 April 2005, by section 16(2) Social Security (Working for Families) Amendment Act 2004 (2004 No 51) by omit­ ting “Part 1 of” in both places where they appear.

See sections 23 to 25 of that Act as to the transitional provisions.

Subsection (1B) was inserted, as from 17 September 1997, by section 24(2) So­ cial Security Amendment Act (No 4) 1997 (1997 No 63).
Subsection (1C) was inserted, as from 19 December 2006, by section 6 Social Security Amendment Act 2006 (2006 No 90).

Subsection (2) was amended, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106) by substituting “Director­General of Social Welfare” for “Commission”.

Subsection (2)(a) was amended, as from 1 November 1976, by section 34(2) Social Security Amendment Act 1976 (1976 No 40) by substituting “special” for “supplementary”.
Subsection (2)(b) was amended, as from 23 June 1987, pursuant to section 2(4) Social Security Amendment Act 1987 (1987 No 106) by substituting “Dir­ ector­General” for “Social Security Commission”.

Subsection (2)(b) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by substituting “spouse or partner” for “husband or wife”.

Subsection (2) was substituted, as from 19 December 2006, by section 6 Social Security Amendment Act 2006 (2006 No 90).
Subsection (2A) was inserted, as from 19 December 2006, by section 6 Social Security Amendment Act 2006 (2006 No 90).

Section 124A was inserted, as from 7 June 1967, by section 5 Social Security Amendment Act 1967 (1967 No 4) and repealed, as from 2 July 1975, by sec­ tion 25(1) Social Security Amendment Act 1975 (1975 No 123).

See section 25(3) and (4) of that Act.


125 Advances to beneﬁciaries and war pensioners for repair or maintenance of home, etc [Repealed] Subsection (1) was substituted, as from 10 October 1975, by section 26(1) So­ cial Security Amendment Act 1975 (1975 No 123).

Subsection (1) was amended, as from 23 June 1987, by section 27(1) Social Security Amendment Act 1987 (1987 No 106) by substituting “spouse” for “wife or husband”.
Subsection (1) was amended, as from 1 April 1990, by section 5 Social Wel­ fare (Transitional Provisions) Act 1990 (1990 No 26) by substituting “(d)” for “(b)”.

Subsection (1) was amended, as from 1 April 1990, by section 5 Social Wel­ fare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by 383 124A Part 3 s 126 Social Security Act 1964 Reprinted as at 19 December 2007 substituting “(as deﬁned in section 3(1) of this Act)” for “under Part 1 of this Act”.
Subsection (2) was substituted, as from 10 October 1975, by section 26(1) So­ cial Security Amendment Act 1975 (1975 No 123) Subsection (2) was substituted, as from 1 October 1988, by section 23(1) Social Security Amendment Act (No 2) 1988 (1988 No 147) Subsection (2) was amended, as from 1 October 1990, by regulation 3 So­ cial Security (Miscellaneous Rates) Order 1990 (SR 1990/258) by substituting “$2,652” for “$2,465”.
Subsection (3) was amended, as from 1 October 1988, as from by section 23(2) Social Security Amendment Act (No 2) 1988 (1988 No 147) by inserting the words “Where the land is Maori freehold land it shall not be necessary to obtain the consent of any person to the registration of the charge.” Subsection (4) was amended, as from 20 October 1972, by section 40(2) Social Security Amendment Act 1972 (1972 No 133) by inserting the words “or by any person authorised on that behalf by any member of the Commission”.
Subsection (5) was amended, as from 10 October 1975, by section 26(2)(a) So­ cial Security Amendment Act 1975 (1975 No 123) by omitting “or, as the case may be, of the leasehold interest in the land”.

This subsection was amended by section 26(2)(b) of that same Act Subsection (5) was amended, as from 10 October 1975, by section 26(2)(b) So­ cial Security Amendment Act 1975 (1975 No 123) by omitting “or, as the case may be, that leasehold interest”.
Subsection (6) was inserted, as from 23 June 1987, by section 27(3) Social Security Amendment Act 1987 (1987 No 106).

The words “Director­General” were substituted for “Social Security Commis­ sion”, as from 23 June 1987, pursuant to section 2(4) Social Security Amend­ ment Act 1987 (1987 No 106).

Section 125 was repealed, as from 1 July 1996, by section 3(1) Social Security Amendment Act 1996 (1996 No 49).
See section 2(2) and (3) of that Act as to the savings provisions, and section 4 of that Act as to transitional arrangements for advances.
126 Cost of repair and replacement of artiﬁcial limbs There shall from time to time be paid out of the Crown Bank Account out of money appropriated by Parliament for the pur­ pose 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 384 Reprinted as at 19 December 2007 Social Security Act 1964 Part 3 s 126A the Injury Prevention, Rehabilitation, and Compensation Act 2001.
Compare: 1938 No 7 s 106B; 1963 No 47 s 56 The reference to the “Consolidated Account” was substituted for a reference to the “Consolidated Revenue Account”, as from 1 April 1978, pursuant to section 114(6) Public Finance Act 1977 (1977 No 65).

The words “Consolidated Account” were substituted, as from 1 July 1989, by the words “Crown Bank Account” pursuant to section 83(7) Public Finance Act 1989 (1989 No 44).
Section 126 was amended, as from 1 November 1976, by section 35(1) Social Security Amendment Act 1976 (1976 No 40) by substituting “Rehabilitation League NZ (Incorporated)” for “Disabled Re­establishment League Incorpor­ ated”.
Section 126 was amended, as from 1 November 1976, by section 35(2) Social Security Amendment Act 1976 (1976 No 40) by substituting “section 110 of the Accident Compensation Act 1972” for “section 23A of the Workers’ Com­ pensation Act 1956 (as inserted by section 2 of the Workers’ Compensation Amendment Act 1963)”.

This reference was substituted by a reference to sec­ tion 77 of the Accident Compensation Act 1982 (1982 No 181).
Section 126 was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by omitting “of Labour”.

Section 126 was amended, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114) by substituting “Part 3 of Schedule 1 of the Accident Insurance Act 1998” for “section 77 of the Accident Compensation Act 1982”.
Section 126 was amended, as from 1 April 2002, by section 337(1) Injury Pre­ vention, Rehabilitation, and Compensation Act 2001 (2001 No 49) by substi­ tuting “Part 1 of Schedule 1 of the Injury Prevention, Rehabilitation, and Com­ pensation Act 2001” for “Part 3 of Schedule 1 of the Accident Insurance Act 1998”.

See Part 10 of that Act for provisions relating to transition from com­ petitive provision of workplace accident insurance.
See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.

Section 126 was amended, as from 15 April 2005, by section 15 Social Se­ curity (Social Assistance) Amendment Act 2005 (2005 No 30) by substituting “New Zealand Artiﬁcial Limb Board” for “Rehabilitation League N.Z.

(In­ corporated)”.
126A Information on beneﬁciaries and former beneﬁciaries (1) may be disclosed to Department for Courts 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) A person who was formerly in receipt of a beneﬁt: 385 Part 3 s 126A Social Security Act 1964 Reprinted as at 19 December 2007 (b) A person from whom any liable parent contributions to which section 256(1) of the Child Support Act 1991 ap­ plies may be recovered: A person from whom any maintenance payment to which section 259(1) of the Child Support Act 1991 ap­ plies may be recovered: (c) Beneﬁt has the meaning given to it in section 3(1) of this Act; except that the term also includes— (a) A lump sum payable under section 61DB or section 61DC or section 61DD of this Act: (b) Any special assistance granted out of the Crown Bank Account from money appropriated by Parliament under section 124(1)(d) of this Act: Chief executive[Repealed] Chief executive: this deﬁnition was repealed, as from 1 October 1998, by sec­ tion 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
[Repealed] Fine means— (a) A ﬁne within the meaning of Part 3 of the Summary Proceedings Act 1957, or an amount of reparation as deﬁned in section 145D of the Sentencing Act 2002: a ﬁne to which any of sections 43 to 46 of the Misuse of Drugs Amendment Act 1978 applies: (ab) (b) A ﬁne or other sum of money to which any of sections 19 to 19E of the Crimes Act 1961 applies.
Fine: paragraph (a) of this deﬁnition was amended, as from 9 October 2006, by section 37(1) Summary Proceedings Amendment Act 2006 (2006 No 13) by adding the words “, or an amount of reparation as deﬁned in section 145D of the Sentencing Act 2002”.

Fine: paragraph (ab) of this deﬁnition was inserted, as from 9 October 2006, by section 37(2) Summary Proceedings Amendment Act 2006 (2006 No 13).
The purpose of this section is to facilitate the disclosure of information by the department to the Department for Courts for the purpose of enabling the Department for Courts 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 De­ partment for Courts may from time to time, in accordance with arrangements made with the chief executive of the department for the time being responsible for the administration of this (2) (3) 386 Reprinted as at 19 December 2007 Social Security Act 1964 Part 3 s 126B 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.
(4) On receipt of a request made under subsection (3), the chief executive of the department may supply the information requested to any ofﬁcer or employee of the Department for Courts 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 was inserted, as from 3 September 1996, by section 2 Social Se­ curity Amendment Act (No 4) 1996 (1996 No 145).

(5) Subsections (3) to (5) were substituted, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Sections 126A and 126B were amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “department” for “Department of Social Welfare”.

Subsection (3) was amended, as from 1 November 1998, by section 30 Sum­ mary Proceedings Amendment Act (No 3) 1998 (1998 No 91) by inserting the words “and telephone number”.
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) A direction given pursuant to section 5; or (ii) A welfare programme approved by the Minister under section 124(1)(d); or 387 Part 3 s 127 Social Security Act 1964 Reprinted as at 19 December 2007 (iii) Any document (including a manual) of the type referred to in section 22(1) of the Ofﬁcial Information Act 1982; and (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 was inserted, as from 17 September 1997, by section 25 Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 126B(c)(ii) was amended, as from 1 October 1998, by section 11 Em­ ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “Minister” for “Minister of Social Welfare”.
Sections 126A and 126B were amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “department” for “Department of Social Welfare”.

Section 126B was amended, as from 1 October 1999, by section 7(a) Human Rights Amendment Act 1999 (1999 No 100) by omitting the expression “31 December 1999” and substituting the expression “31 December 2001”.
Paragraph (c)(i) was amended, as from 1 October 1999, by section 7(b) Human Rights Amendment Act 1999 (1999 No 100) by omitting the expression “sec­ tion 5(2)” and substituting the expression “section 5”.
127 Offences Every person who makes any statement knowing it to be false in any material particular, or who wilfully does or says any­ 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 (b) Any exemption from any obligation under this Act; or Any payment from the Crown Bank Account in accord­ (c) ance with this Act; or 388 Reprinted as at 19 December 2007 Social Security Act 1964 Part 3 s 127 (d) Any entitlement card issued under regulations made (f) (e) pursuant to section 132A of this Act; or a more favourable means assessment under section 69FA than he or she would otherwise have been en­ titled 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 was substituted, as from 20 October 1972, by section 41 Social Security Amendment Act 1972 (1972 No 133).

The reference to the “Consolidated Account” was substituted for a reference to the “Consolidated Revenue Account”, as from 1 April 1978, pursuant to section 114(6) Public Finance Act 1977 (1977 No 65).
Section 127 was amended, as from 23 December 1977, by section 29 Social Security Amendment Act (No 2) 1977 (1977 No 133) by substituting “receiving or continuing to receive” for “obtaining” in two places.

Paragraph (a) was substituted, as from 1 April 1990, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Paragraph (a) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting, after the expres­ sion “Social Welfare (Transitional Provisions) Act 1990”, the words “or the New Zealand Superannuation Act 2001” Paragraph (a) was amended, as from 15 April 2003, by section 12(1) War Pen­ sions Amendment Act 2003 (2003 No 18) by inserting the words “or Part 6 of the War Pensions Act 1954” after the words “the Social Welfare (Transitional Provisions) Act 1990”.
Paragraph (a) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.

Paragraph (c) was substituted, as from 30 June 1993, by section 29(1) Social Security Amendment Act (No 3) 1993 (1993 No 57).
Paragraphs (d) and (e) were inserted, as from 30 June 1993, by section 29(1) So­ cial Security Amendment Act (No 3) 1993 (1993 No 57).

Paragraph (e) was amended, as from 17 September 1997, by section 26 Social Security Amendment Act (No 4) 1997 (1997 No 63) by inserting the words “or section 69FA”.

Paragraph (e) was substituted, as from 1 July 2005, by section 13(1) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).
See sections 7 to 11 of that Act for the transitional provisions.

Paragraph (f) was inserted, as from 1 July 2005, by section 13(1) Social Se­ curity (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
389 Part 3 s 128 Social Security Act 1964 Reprinted as at 19 December 2007 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.
(2) Compare: 1938 No 7 s 137; 1957 No 93 s 5(3) Subsection (2) was repealed, as from 30 June 1993, by section 30 Social Secur­ ity 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 was amended, as from 30 June 1993, by section 31 Social Security Amendment Act (No 3) 1993 (1993 No 57) 1993 No 57 by substituting “$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” for “$40”.

Section 130 was repealed, as from 1 January 1972, by section 101(1) 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 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) 130 390 Reprinted as at 19 December 2007 Social Security Act 1964 Part 3 s 131E 131A Disclosure of information between Department of Social Welfare and Department of Labour [Repealed] Section 131A was inserted, as from 1 April 1997, by section 37 Social Security Amendment Act 1996 (1996 No 20).

Subsections (3A) and (3B) were inserted, as from 1 July 1997, by section 3 So­ cial Security Amendment Act (No 2) 1997 (1997 No 22).
Sections 131A to 131G were repealed, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

131B Deﬁnitions for purposes of sections 131C and 131D [Repealed] Sections 131B to 131G were inserted, as from 1 July 1997, by section 4 Social Security Amendment Act (No 2) 1997 (1997 No 22).
Sections 131A to 131G were repealed, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

131C Notice of decision to suspend, reduce, or cancel work­tested beneﬁt [Repealed] Sections 131B to 131G were inserted, as from 1 July 1997, by section 4 Social Security Amendment Act (No 2) 1997 (1997 No 22).
Sections 131A to 131G were repealed, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

131D Reduction of notice period [Repealed] Sections 131B to 131G were inserted, as from 1 July 1997, by section 4 Social Security Amendment Act (No 2) 1997 (1997 No 22).

Sections 131A to 131G were repealed, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
131E Notices [Repealed] Sections 131B to 131G were inserted, as from 1 July 1997, by section 4 Social Security Amendment Act (No 2) 1997 (1997 No 22).

391 Part 3 s 131F Social Security Act 1964 Reprinted as at 19 December 2007 Sections 131A to 131G were repealed, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
131F Jurisdiction of Privacy Commissioner [Repealed] Sections 131B to 131G were inserted, as from 1 July 1997, by section 4 Social Security Amendment Act (No 2) 1997 (1997 No 22).

Sections 131A to 131G were repealed, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
131G Privacy Commissioner to report on compliance with section 131C [Repealed] Sections 131B to 131G were inserted, as from 1 July 1997, by section 4 Social Security Amendment Act (No 2) 1997 (1997 No 22).

Sections 131A to 131G were repealed, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
132 Regulations The Governor­General 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 392 Reprinted as at 19 December 2007 Social Security Act 1964 Part 3 s 132AB be a date before, on, or after the date on which the regulations are made).

Section 132AA was inserted, as from 26 September 2002, by section 28 So­ cial Security (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 Governor­General 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) (b) (c) (d) (e) prescribe or provide for the setting of eligibility criteria for receiving temporary additional support: 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 393 Part 3 s 132A Social Security Act 1964 Reprinted as at 19 December 2007 amount of temporary additional support to be granted, which may differ depending on whether the applicant— (i) has a dependent spouse or partner; or (ii) has a dependent child; or is in any other prescribed circumstances: (iii) 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) is in any other prescribed circumstances: (iii) prescribe the period or periods for which temporary ad­ ditional support may be granted: authorise the payment of temporary additional support in a lump sum up to a speciﬁed maximum amount in any prescribed circumstances.
(f) (g) (h) (2) For the purposes of any calculation made under section 61G or any regulations made under subsection (1), the allow­ able costs, cash assets, and chargeable income of an applicant include the allowable costs, cash assets, and chargeable income of the applicant’s spouse or partner.

Section 132AB was inserted, as from 4 June 2004, by section 17 Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

See sections 23 to 25 of that Act as to the transitional provisions.
Subsection (1)(b), (e) and (f) were amended, as from 26 April 2005, by section 4(1) Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse” wherever it appears.

Subsection (2) was amended, as from 26 April 2005, by section 4(2) Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partner”.
132A Regulations providing for issue and use of entitlement cards (1) Without limiting the general power to make regulations con­ ferred by section 132 of this Act, the Governor­General 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: 394 Reprinted as at 19 December 2007 Social Security Act 1964 Part 3 s 132A (b) Prescribing the classes of persons eligible to be issued with entitlement cards: (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)— (i) (c) Their use to obtain payment of any beneﬁt, al­ lowance, 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: (ii) (iii) 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: (iv) (v) (d) (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 of­ fence under section 127 of this Act), or for their non­re­ turn after their expiry, and the amounts of ﬁnes that may be imposed in respect of any such offences, which ﬁnes shall be an amount not exceeding $1,000 and, where the offence is a continuing one, a further amount not ex­ ceeding $50 for every day or part of a day during which the offence has continued.
(2) 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: 395 Part 3 s 132AC Social Security Act 1964 Reprinted as at 19 December 2007 The cardholder’s name: (a) (b) An identifying number assigned by the Department to (c) the cardholder: A number or code indicating the cardholder’s class of eligibility for the card: (d) An identifying number assigned to the card: (e) (f) The commencement and expiry dates of the card: A code number for mailing purposes.
(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 was inserted, as from 1 August 1991, by section 22 Social Secur­ ity Amendment Act (No 2) 1991 (1991 No 78).

Subsection (1)(ba) was inserted, as from 22 May 2007, by section 5(1) Social Security (Entitlement Cards) Amendment Act 2007 (2007 No 17).

Subsection (1)(c)(ii) and (iii) were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.
Subsection (2) was inserted, as from 30 June 1993, by section 32 Social Security Amendment Act (No 3) 1993 (1993 No 57).

Subsection (2) was amended, as from 22 May 2007, by section 5(2) Social Se­ curity (Entitlement Cards) Amendment Act 2007 (2007 No 17) by substituting “all or any of a magnetic stripe or a barcode on them, or a microchip embedded in them,” for “a magnetic stripe on them,”.
Subsections (3) and (4) were inserted, as from 22 May 2007, by section 5(3) So­ cial Security (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 Governor­General may, by Order in Coun­ cil, make regulations for the purposes of section 61GA (which 396 Reprinted as at 19 December 2007 Social Security Act 1964 Part 3 s 132AC 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: the age of the dependent child and whether the child attends school: (ii) (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 employment­related activity arranged or approved by the department; or an approved course of study; or an approved rehabilitation programme: (B) (C) (b) (c) (d) 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: 397 Part 3 s 132AC Social Security Act 1964 Reprinted as at 19 December 2007 (e) (f) (g) (h) (i) (j) 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— (i) 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.
(2) (k) If regulations made under subsection (1) prescribe eligibility criteria or amounts of childcare assistance based on the income of the principal caregiver and his or her spouse or partner, the income limits so prescribed must be adjusted, by regulations made under subsection (1), by an amount equal to the percent­ age movement referred to in paragraph (a) or (b), as the case requires, if,— (a) the total percentage increase in the movements in the quarterly all groups index number of the New Zealand Consumers Price Index from that applying on 4 October 2004 is 5% or more: the total percentage increase in the movements in the quarterly all groups index: number of the New Zealand (b) 398 Reprinted as at 19 December 2007 Social Security Act 1964 Part 3 s 132B Consumers Price Index from that applying on the date when the requirement to make the immediately pre­ ceding adjustment under this subsection arose is 5% or more.
(3) For the purposes of any adjustment required under subsection (2), the amount of any increase must be rounded up to the nearest whole dollar amount, but any subsequent adjustment must be calculated on the amount of the increase without the rounding.

(4) Any adjustment required by subsection (2) contained in regu­ lations made under subsection (1) takes effect on the ﬁrst day of April following the making of those regulations.
Section 132AC was inserted, as from 4 June 2004, by section 18 Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

See sections 23 to 25 of that Act as to the transitional provisions.

Subsection (1)(a)(i) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by adding the words “or partner”.
Subsections (1)(c) and (2) were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.

132B Regulations providing for assessment of ﬁnancial means of people requiring disability services [Repealed] Section 132B was inserted, as from 30 June 1993, by section 33 Social Security Amendment Act (No 3) 1993 (1993 No 57).
Subsection (1) was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by inserting the words “or partner”.
Subsection (2)(c) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting after the expres­ sion “Social Welfare (Transitional Provisions) Act 1990”, the words “or of the New Zealand Superannuation Act 2001” Subsection (2)(c) was amended, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18) by inserting the words “or Part 6 of the War Pensions Act 1954” after the words “the Social Welfare (Transitional Provisions) Act 1990”.
Subsection (2)(c) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.

Subsection (2)(c) was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by inserting the words “or partners” after the word “spouses”.
399 Part 3 s 132C Social Security Act 1964 Reprinted as at 19 December 2007 Section 132B was repealed, as from 1 July 2005, by section 13(1) Social Se­ curity (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
132C Regulations relating to overseas pensions (1) Without limiting the general power to make regulations con­ ferred by section 132 of this Act, the Governor­General 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) of this Act: Providing that the currency exchange rate to be used by the chief executive for the purposes of the determination referred to in paragraph (a) of this section shall be one of the following: (i) 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 (ii) 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 (iii) 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: Prescribing the kinds of currency exchange rates that are to be used for the purposes of paragraph (b) of this section: (b) (c) 400 Reprinted as at 19 December 2007 Social Security Act 1964 Part 3 s 132C (d) (e) (f) (g) Providing that the period referred to in paragraph (b) of this section may be a different period from the period to which the payment of the overseas pension relates and a different 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) of this section, the kinds of bank fees that may be taken into account and the man­ ner in which they may be taken into account: Providing that a determination made under paragraph (a) of this section, and made in accordance with regu­ lations made under paragraphs (b) to (e) of this section, shall be conclusive: Regulating the making, implementation, and variation of arrangements under section 70(3)(a), including (without limitation)— (i) 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: (ii) (iii) 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).
(iv) (v) (vi) (h) 401 Part 3 s 132D Social Security Act 1964 Reprinted as at 19 December 2007 (i) (j) (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 was inserted, as from 2 September 1996, by section 5 Social Se­ curity Amendment Act (No 6) 1996 (1996 No 157).

Subsection (1)(g) was substituted, and paras (h) to (j) were repealed, as from 28 March 1998, by section 3(1) Social Security (Overseas Pensions) Amendment Act 1998 (1998 No 10).

Subsection (2) was inserted, as from 28 March 1998, by section 3(2) Social Security (Overseas Pensions) Amendment Act 1998 (1998 No 10).
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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 Governor­General may from time to time, by Order in Council, make regulations— (a) Deﬁning terms to be excluded as cash assets for the purpose of section 69FA; and Specifying that certain amounts of cash assets or in­ come are not to be included within the ﬁnancial means assessment of a person under that section.
(b) Section 132D was inserted, as from 17 September 1997, by section 27 Social Security Amendment Act (No 4) 1997 (1997 No 63).

132E Regulations relating to work capacity assessment [Repealed] Section 132E was inserted, as from 1 September 1998, by section 17 Social Security Amendment Act 1998 (1998 No 19).

402 Reprinted as at 19 December 2007 Social Security Act 1964 Part 3 s 132G Section 132E was repealed, as from 8 March 2001, by section 4(2) Social Se­ curity 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 Governor­General 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 spect of different activities or purposes, and provide for a method or methods of calculating total allowances.
Section 132F was inserted, as from 1 October 1998, by section 55 Social Se­ curity Amendment Act 1998 (1998 No 19).

132G Regulations providing for remittance or suspension of (1) (2) debt The Governor­General 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) of a particular kind or from persons of a particular kind: 403 Part 3 s 132H Social Security Act 1964 Reprinted as at 19 December 2007 (b) (c) 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.
(3) 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 self­support 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.

Section 132G was inserted, as from 26 September 2002, by section 29 Social Se­ curity (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
132H Rules providing for determination of incomes of certain people by chief executive The Governor­General 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) self­employed 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— (1) 404 Reprinted as at 19 December 2007 Social Security Act 1964 Part 3 s 132H a director and a shareholder; or (A) an employee and a shareholder; or (B) (C) a director, a shareholder, and an employee: people otherwise engaged in business or trade; and (vi) (b) prescribing the circumstances in which those rules ap­ ply.
(2) 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 (b) (c) (d) (e) (f) (g) (ii) whether the deductions are to be disregarded wholly or in part only: (iii) 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: (i) (ii) 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: (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) 405 Part 3 s 132I Social Security Act 1964 Reprinted as at 19 December 2007 (i) (h) distributions from a company: retained proﬁts of a company: 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 2004).
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.

Sections 132H and 132I were inserted, as from 2 July 2007, by section 15 Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.
(3) (4) (5) 132I Rules relating to determination by chief executive of (1) (2) deprivation of property or income The Governor­General may, by Order in Council, for the pur­ poses of section 74(1)(d) make rules— (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.
Sections 132H and 132I were inserted, as from 2 July 2007, by section 15 Social Security Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

132J Regulations stating pre­beneﬁt activities (1) The Governor­General 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 (2) 406 Reprinted as at 19 December 2007 Social Security Act 1964 Part 3 s 135 (b) (c) strengthen incentives for the people undertaking it to move into employment; or facilitate the movement of the people undertaking it into employment.
(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).

133 Annual reports (1) 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 (2) 134 Section 134 was repealed, as from 1 April 1972, by section 18(4) Department of Social Welfare Act 1971 (1971 No 60).
135 Repeals and savings (1) (2) The enactments speciﬁed in Schedule 13 to this Act 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 the 1st day of April 1958, or deductible on or be­ fore or after that date from any salary or wages or other income for any period before that date, in accordance with any provi­ sion of the Social Security Act 1938 that was repealed before the commencement of this Act, that provision (whether a pe­ nal provision 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 407 Part 4 s 136AA Social Security Act 1964 Reprinted as at 19 December 2007 deemed 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 insti­ tuted or continued 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.
(4) (5) Nothing in subsection (1) of section 55 or in section 66 or in Schedule 8 or Schedule 10 to this Act shall apply with respect to any sickness beneﬁt that was in force on the 13th day of 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.
Subsection (4) was repealed, as from 1 October 1987, by section 3(1)(b) Social Security (Reciprocity with Australia) Act 1987 (1987 No 71).

Part 4 Long­term residential care in hospital or rest home Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
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 long­term resi­ dential care; and specify the circumstances in which a funder must con­ tribute toward the cost of those persons’ long­term resi­ dential care; and (b) 408 Reprinted as at 19 December 2007 Social Security Act 1964 Part 4 s 136AB (c) (d) 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 long­term 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 long­term residential care, if that care is provided by a provider who has a contract with a funder to provide long­term residential care to older persons.
Sections 136AA and 136AB were inserted, as from 22 November 2006, by section 5 Social Security (Long­term 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 long­term residential care to an eligible person who— (a) has been needs assessed as requiring long­term 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) (2) This Part provides— (a) (b) (c) for the needs assessment of an eligible person to deter­ mine whether the person requires long­term 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 long­term 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 long­term residential care indeﬁnitely may be re­ quired to pay for the cost of his or her assessed care needs provided in a hospital or rest home that has a con­ tract with a funder to provide long­term residential care to eligible persons; and 409 Part 4 s 136 Social Security Act 1964 Reprinted as at 19 December 2007 (d) for determination of the extent to which a funder is li­ able to pay the cost of the long­term residential care pro­ vided to an eligible person who has been needs assessed as requiring long­term 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.

Sections 136AA and 136AB were inserted, as from 22 November 2006, by section 5 Social Security (Long­term 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 provider: this deﬁnition was inserted, as from 22 November 2006, by section 6(2) Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).
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 long­term 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 long­term residential care needs (c) contracted care services: this deﬁnition was substituted, as from 22 November 2006, by section 6(1) Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).
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 long­term residential care needs; and (3) 136 410 Reprinted as at 19 December 2007 Social Security Act 1964 Part 4 s 136 (b) 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 provided to the resident are wholly or partly funded under that agreement or notice cost of contracted care services: this deﬁnition was substituted, as from 22 November 2006, by section 6(1) Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).
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 411 Part 4 s 136 Social Security Act 1964 Reprinted as at
 19 December 2007 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 long­term residential care in a hospital or rest home indeﬁn­ itely 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 personal allowance: this deﬁnition was inserted, as from 22 November 2006, by section 6(2) Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).
provider means a person who provides long­term 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 long­term 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) resident assessed as requiring care: paragraph (b) of this deﬁnition was amended, as from 22 November 2006, by section 6(3) Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67) by adding the words “irrespective of whether a funder has any liability to pay for any of the cost of his or her care”.
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 long­term residential care to eligible persons section 88 notice: this deﬁnition was inserted, as from 22 November 2006, by section 6(2) Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).
412 Reprinted as at 19 December 2007 Social Security Act 1964 Part 4 s 137 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 long­term residential care to eligible persons.

service agreement: this deﬁnition was inserted, as from 22 November 2006, by section 6(2) Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).
Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.

Needs assessment 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 long­term 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— (7) (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) (c) the DHB or its delegate were a provider of that service.
Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
413 Part 4 s 138 Social Security Act 1964 Reprinted as at 19 December 2007 138 Effect of being assessed as requiring long­term residential care in hospital or rest home indeﬁnitely (b) (1) An eligible person who has been needs assessed as requiring long­term residential care in a hospital or rest home indeﬁn­ itely— (a) receives contracted care services if he or she is receiv­ ing long­term 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) Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).
See sections 7 to 11 of that Act for the transitional provisions.

(c) Subsection (1)(a) and (b) was substituted, as from 22 November 2006, by section 7 Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).

Subsection (1)(c) was inserted, as from 22 November 2006, by section 7 Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).
Liability to pay 139 Personal obligation to pay for care (1) The following people are liable to pay the cost of long­term 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 long­term residen­ tial care from a provider.

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.
(2) 414 Reprinted as at 19 December 2007 Social Security Act 1964 Part 4 s 140 (3) 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.

Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
Subsection (1) was substituted, as from 22 November 2006, by section 8 Social Security (Long­term 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) (2) (3) 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 long­term 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) Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).
See sections 7 to 11 of that Act for the transitional provisions.
415 Part 4 s 141 Social Security Act 1964 Reprinted as at 19 December 2007 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.

Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
Subsection (4) was amended, as from 22 November 2006, by section 9 Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67) by substituting “90” for “28” in each place it appears.
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 a 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 is the personal allowance.
416 Reprinted as at 19 December 2007 Social Security Act 1964 Part 4 s 143 (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) (3) (2) 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 (Long­term Residential Care) Amendment Act 2004 applies, on the date on which this section comes into force.
(b) Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.

Subsection (1) was substituted, as from 22 November 2006, by section 10 Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).
Subsection (1A) was inserted, as from 22 November 2006, by section 10 Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).

143 Residents assessed as requiring care aged 50 to 64 not (1) (2) (3) 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 417 Part 4 s 144 Social Security Act 1964 Reprinted as at 19 December 2007 (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.
Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
Subsection (2) was amended, as from 22 November 2006, by section 11 Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67) by substituting “Part 4 as if the person were a resident assessed as requiring care who has been means assessed and found to have assets” for “section 141 as if the person were a resident assessed as requiring care whose assets are”.
Means assessment 144 Application for means assessment (1) An eligible person who has been needs assessed as requiring long­term 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.
Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
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) 418 Reprinted as at 19 December 2007 Social Security Act 1964 Part 4 s 147 (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) Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.

Paragraph (f) was inserted, as from 22 November 2006, by section 12 Social Security (Long­term 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 non­exempt 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.
Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.

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.
419 Part 4 s 147A Social Security Act 1964 Reprinted as at 19 December 2007 (3) (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.
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.
Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.

Subsection (4) was amended, as from 22 November 2006, by section 13 Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67) by substituting “90” for “28” in each place it appears.
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.
(2) 420 Reprinted as at 19 December 2007 Social Security Act 1964 Part 4 s 149 Section 147A was inserted, as from 22 November 2006, by section 14 Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).

(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.
Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
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.
421 Part 4 s 150 Social Security Act 1964 Reprinted as at 19 December 2007 (2) (3) The people with the obligation under subsection (1) are as fol­ lows: (a) (b) the person who has been means assessed: 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.
(c) (d) (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.
Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.

Subsection (1A) was inserted, as from 22 November 2006, by section 15 Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).
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: in the case of a person who has a spouse or partner, the circumstances of the person have changed as a result of— (b) (c) 422 Reprinted as at 19 December 2007 Social Security Act 1964 Part 4 s 150 (i) (ii) (iii) 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.
(2) (2A) 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; 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) 423 Part 4 s 151 Social Security Act 1964 Reprinted as at 19 December 2007 (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.
Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.

Subsection (2A) was inserted, as from 22 November 2006, by section 16(1) So­ cial Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).
Subsection (3) was amended, as from 22 November 2006, by section 16(2) So­ cial Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67) by inserting the words “or subsection (2A)” after the expression “subsection (2)”.

Subsection (4) was substituted, as from 22 November 2006, by section 16(3) So­ cial Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).
Subsections (4A) and (4B) were inserted, as from 22 November 2006, by sec­ tion 16(3) Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).
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.

(2) Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
Miscellaneous 152 Maximum contributions set by Gazette notice (1) The Director­General of Health must, by notice in the Gazette, set the maximum contribution that applies in each region.
424 Reprinted as at 19 December 2007 Social Security Act 1964 Part 4 s 154 (2) 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 rest­home­level 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.

Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
Subsection (2) was substituted, as from 22 November 2006, by section 17 Social Security (Long­term 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) Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
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.

425 Part 4 s 155 Social Security Act 1964 Reprinted as at 19 December 2007 Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
155 Regulations relating to this Part (1) The Governor­General may, by Order in Council, make regu­ lations for all or any of the following matters: (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (a) 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 pre­paid funerals for the purposes of paragraph (d) of the deﬁnition of ex­ empt 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: increasing the income­from­assets exemption in ac­ cordance with subsection (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 income­from­assets 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 movement in (2) 426 Reprinted as at 19 December 2007 Social Security Act 1964 Part 4 s 155 (3) (4) (5) the All Groups index number of the New Zealand Consumers Price Index (published by Statistics New Zealand) for the year ending on the previous 1 March.
If the adjusted amount of income­from­assets 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 income­from­assets exemption as it was before it was rounded up.

(b) The Director­General 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 income­from­assets exemption.
This section does not limit any other power given in this Act to make regulations.

Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.

Subsection (1)(a) was repealed, as from 1 July 2006, by section 9 War Pensions Amendment Act 2006 (2006 No 32).
Subsection (1)(e) was amended, as from 22 November 2006, by section 18(1) Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67) by substituting “section 147A” for “means assessment”.

Subsection (1)(k) was amended, as from 22 November 2006, by section 18(2) Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67) by omitting “, as deﬁned in Part 3 of Schedule 27”.
Subsection (2) was amended, as from 22 November 2006, by section 18(3) So­ cial Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67) by substituting “2007” for “2006”.

427 Schedule 1 Social Security Act 1964 Reprinted as at 19 December 2007 Schedule 1 Section 15 Schedule 1 was repealed, as from 9 February 1977, by section 4(1) Social Se­ curity Amendment Act 1976 (1976 No 40).
[Repealed] Schedule 2 Sections 18, 20 Schedule 2 was repealed, as from 9 February 1977, by section 4(1) Social Se­ curity Amendment Act 1976 (1976 No 40).

[Repealed] Schedule 3 Rates of widows’ beneﬁts ss 21, 24 Schedule 3 was substituted, as from 1 April 1989, by section 36(1) Finance Act 1989 (1989 No 13).

Schedule 3 was amended, as from 1 April 1990, by section 37(1) Social Security Amendment Act 1991 (1991 No 1) by substituting in the second column.
Schedule 3 was amended, as from 1 April 1991, by section 37(1) Social Security Amendment Act 1991 (1991 No 1) by substituting in the second column.

Schedule 3 was amended, as from 1 April 1992, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1993 (SR 1993/67) by substituting the amounts in the second column.
Schedule 3 was amended, as from 1 April 1993, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1993 (SR 1993/67) by substituting the amounts in the second column.

Schedule 3 was amended, as from 1 April 1994, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1994 (SR 1994/38) by substituting the amounts in the second column.
Schedule 3 was amended, as from 1 April 1995, by regulation 3 Social Security (Rates of Beneﬁts and Allowances Order) 1995 (SR 1995/51) by substituting the amounts in the second column.

Schedule 3 was amended, as from 1 April 1996, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1996 (SR 1996/49) by substituting “10,613.20”, “11,578.32”, and “7,718.36” for “10,312.12”, “11,249.68”, and “7,499.44” respectively.
Schedule 3 was substituted, as from 1 July 1996, by section 39 Social Security Amendment Act 1996 (1996 No 20).

Schedule 3 was amended, as from 1 April 1997, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1997 (SR 1997/36) by increasing the amounts of beneﬁts.
Schedule 3 was amended, as from 1 April 1998, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 1998 (SR 1998/34) by substituting “211.04”, “230.24” and “153.47” for “209.30”, “228.34” and “152.21” re­ spectively.
428 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 3 As from 1 October 1998, all references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Schedule 3 was substituted, as from 1 February 1999, by section 79 Social Se­ curity Amendment Act 1998 (1998 No 19).
Schedule 3 was amended, as from 1 April 1999, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1999 (SR 1999/58) by substituting “211.82”, “231.09”, and “154.04” for “211.04”, “230.24”, and “153.47”.

Schedule 3: clauses 1(a), 1(b) and 2 were amended, as from 1 April 2000, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2000 (SR 2000/41) by substituting “212.90”, “232.27”, and “154.83” for “211.82”, “231.09”, and “154.04”, respectively.
Schedule 3: clauses 1(a), 1(b) and 2 were amended, as from 1 April 2001, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2001 (SR 2001/24) by substituting “221.37”, “241.51”, and “160.99” for “212.90”, “232.27”, and “154.83” , respectively.
Schedule 3: clauses 1(a), 1(b) and 2 were amended, as from 1 April 2002, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2002 (SR 2002/53) by substituting “225.40”, “245.91” and “163.92” for “221.37”, “241.51”, and “160.99”, respectively.

Schedule 3 was substituted, as from 10 March 2003, by section 30 Social Se­ curity (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Schedule 3: clauses 1(a), 1(b) and 2 were amended, as from 1 April 2003, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2003 (SR 2003/44) by substituting “231.53”, “252.60”, and “168.38” for “225.40”, “245.91”, and “163.92”, respectively.
Schedule 3: clauses 1(a), 1(b) and 2 were amended, as from 1 April 2004, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2004 (SR 2004/52) by substituting “235.12”, “256.52”, and “170.99” for “231.53”, “252.60”, and “168.38”, respectively.

Schedule 3: clause 1 was substituted, as from 1 April 2005, by section 20(1) So­ cial Security (Working for Families) Amendment Act 2004 (2004 No 51).
See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Schedule 3: clauses 1 and 2 were amended, as from 1 April 2005, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2005 (SR 2005/42) by substituting “241.47” and “175.61” for “235.12” and “170.99”, respectively.

Schedule 3: clauses 1 and 2 were amended, as from 1 April 2006, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2006 (SR 2006/44) by substituting “249.10” and “181.16” for “241.47” and “175.61”, respectively.
Schedule 3: clauses 1 and 2 were amended, as from 1 April 2007, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2007 (SR 2007/60) by substituting “255.65” and “185.92” for “249.10” and “181.16”.
429 Schedule 4 Social Security Act 1964 Reprinted as at 19 December 2007 To a beneﬁciary with 1 or more dependent children To a beneﬁciary without any dependent children $255.65 a week, subject to Income Test 1 $185.92 a week, subject to Income Test 1 For the purposes of clause 1, the chief executive may, in his or her discretion, 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.
Schedule 4 Maximum rates of orphans’ beneﬁts and unsupported childs’ beneﬁts Section 29A Schedule 4 was substituted, as from 20 July 1983, by section 12(1) Social Se­ curity Amendment Act 1983 (1983 No 138).

Schedule 4 was amended, as from 1 April 1987, by regulation 3 Social Security (Rates of Beneﬁts) Order 1987 (SR 1987/130) by substituting “$3,363.36” for “$3,018.64”.
Schedule 4 was amended, as from 1 October 1987, by regulation 2 Social Se­ curity (Rates of Beneﬁts) Order (No 2) 1987 (SR 1987/405) by substituting “$3,746.60” for “$3,570.84”.

Schedule 4 was amended, as from 1 April 1988, by regulation 2 Social Security (Rates of Beneﬁts) Order 1988 (SR 1988/159) by substituting “$3884.80” for “$3,746.60”.
Schedule 4 was amended, as from 1 April 1989, by regulation 2 Social Security (Rates of Beneﬁts and Rate of Allowance) Order 1989 (SR 1989/107) by sub­ stituting “$4,067.44” for “$3,884.40”.

Schedule 4 was amended, as from 1 April 1990, by regulation 2 Social Security (Rates of Beneﬁts) Order 1990 (SR 1990/64).

Schedule 4 was substituted, as from 1 October 1990, by section 21(1) Social Security Amendment Act (No 2) 1990 (1990 No 74).
1 2 3 430 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 4 Schedule 4 was amended, as from 1 April 1992, by regulation 2 Social Security (Rates of Beneﬁts Order 1992 (SR 1992/57).

Schedule 4 was amended, as from 1 April 1993, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1993 (SR 1993/67).

Schedule 4 was amended, as from 1 April 1994, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1994 (SR 1994/38).
Schedule 4 was amended, as from 1 April 1995, by section 3 Social Security (Rates of Beneﬁts and Allowances) Order 1995 (SR 1995/51).

Schedule 4 was amended, as from 1 April 1996, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1996 (SR 1996/49).

Clause 1(a) was amended, as from 1 July 1996, by clause 6(a) Social Security (Rates of Beneﬁts and Allowances) Order 1996 (SR 1996/49) by substituting “$94.06” for “$89.06”.
Clause 1(b) was amended, as from 1 July 1996, by clause 6(b) Social Security (Rates of Beneﬁts and Allowances) Order 1996 (SR 1996/49) by substituting “$86.64” for “$81.64”.

Clause 1(c) was amended, as from 1 July 1996, by clause 6(c) Social Security (Rates of Beneﬁts and Allowances) Order 1996 (SR 1996/49) by substituting “$79.21” for “$74.21”.
Clause 1(d) was amended, as from 1 July 1996, by clause 6(d) Social Security (Rates of Beneﬁts and Allowances) Order 1996 (SR 1996/49) by substituting “$64.37” for “$59.37”.

Schedule 4 was amended, as from 1 April 1997, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1997 (SR 1997/36).

Schedule 4 was amended, as from 1 July 1997, by clause 6 Social Security (Rates of Beneﬁts and Allowances) Order 1997 (SR 1997/36).
Schedule 4 was amended, as from 1 April 1998, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 1998 (SR 1998/34) by substituting “102.30”, “94.63”, “86.95” and “71.60” for “101.46”, “93.85”, “86.23” and “71.01” respectively.

Schedule 4 was amended, as from 1 April 1999, by clause 3 Social Secur­ ity (Rates of Beneﬁts and Allowances) Order 1999 (SR 1999/58) by substi­ tuting “102.68”, “94.98”, “87.27”, and “71.86” for “102.30”, “94.63”, and “86.95” and “71.60”.
Schedule 4: clauses 1(a)­(d) 1(a)­(d) were amended, as from 1 April 2000, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2000 (SR 2000/41) by substituting “103.20”, “95.46”, “87.72” and “72.23” for “102.68”, “94.98”, “87.27”, and “71.86”, respectively.
Schedule 4: clauses 1(a)­(d) were amended, as from 1 April 2001, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2001 (SR 2001/24) by substituting “107.31”, “99.26”, “91.21”, and “75.10” for “103.20”, “95.46”, “87.72” and “72.23” , respectively.
Schedule 4: clauses 1(a) to 1(d) were amended, as from 1 April 2002, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2002 (SR 2002/53) by substituting “109.26”, “101.07”, “92.87”, and “76.47” for “107.31”, “99.26”, “91.21”, and “75.10”, respectively.
431 Schedule 4 Social Security Act 1964 Reprinted as at 19 December 2007 Schedule 4: clauses 1(a) to 1(d) were amended, as from 1 April 2003, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2003 (SR 2003/44) by substituting “112.23”, “103.82”, “95.40”, and “78.55” for “109.26”, “101.07”, “92.87”, and “76.47”, respectively.
Schedule 4: clauses 1(a) to 1(d) were amended, as from 1 April 2004, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2004 (SR 2004/52) by substituting “113.97”, “105.43”, “96.88”, and “79.77” for “112.23”, “103.82”, “95.40”, and “78.55”, respectively.

Schedule 4: clause 1(a) was amended, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51) by substituting “$128.97” for “$113.97”.
See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.

Schedule 4: clause 1(b) was amended, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51) by substituting “$120.43” for “$105.43”.
See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.

Schedule 4: clause 1(c) was amended, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51) by substituting “$111.88” for “$96.88”.
See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.

Schedule 4: clause 1(d) was amended, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51) by substituting “$94.77” for “$79.77”.
See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Schedule 4: clause 1(a) to (d) was amended, as from 1 April 2006, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2006 (SR 2006/44) by substituting “133.05”, “124.24”, “115.42”, and “97.76” for “128.97”, “120.43”, “111.88”, and “94.77”, respectively.
Schedule 4: clause 1(a) to (d) was amended, as from 1 April 2007, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2007 (SR 2007/60) by substituting “153.05”, “144.24”, “135.42”, and “117.76” for “133.05”, “124.24”, “115.42”, and “97.76”, respectively.

432 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 6 1.
(a) In respect of a child aged 14 years or over $153.05 a week (b) In respect of a child aged over 10 years and under 14 years $144.24 a week (c) In respect of a child aged over 5 years and under 10 years $135.42 a week (d) In respect of a child aged under 5 years $117.76 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 percent of the appropriate amount speciﬁed under that clause.

Schedule 5 Rates of family beneﬁts [Repealed] Section 34 Schedule 5 was repealed, as from 1 April 1991, by section 7(1) Social Security Amendment Act 1991 (1991 No 1).
Schedule 6 Rates of invalids’ beneﬁts Sections 42, 43 Schedule 6 was substituted, as from 1 October 1986, by section 18(1) Social Security Amendment Act 1986 (1986 No 39).

Schedule 6 was substituted, as from 1 April 1989, by section 36(1) Finance Act 1989 (1989 No 13).
Clause 1(e) and (f) was amended, as from 1 April 1990, by section 14(17)(a) So­ cial Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting “a beneﬁt (other than guaranteed retirement income or a veteran’s pension)” for “a beneﬁt (other than national superannuation) under Part I of this Act, or an economic pension, war veteran’s allowance, or war service pension under the War Pensions Act 1954”.
Clause 1(i) and (j) was amended, as from 1 April 1990, by section 14(17)(b) So­ cial Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting “a 433 Schedule 6 Social Security Act 1964 Reprinted as at 19 December 2007 beneﬁt in his or her own right” for “, in his or her own right, a beneﬁt under Part I of this Act, or an economic pension, war veteran’s allowance, or war service pension under the War Pensions Act 1954”.
Clause 1(g) and (h) was amended, as from 1 April 1990, by section 14(17)(c) So­ cial Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting “guaranteed retirement income or a veteran’s pension” for “national super­ annuation under Part 1 of this Act”.

Schedule 6 was amended, as from 1 April 1990, by regulation 2 Social Security (Rates of Beneﬁts) Order 1990 (SR 1990/64).
Schedule 6 was amended, as from 1 April 1991, by section 37(1) Social Secur­ ity Amendment Act 1991 (1991 No 1) by substituting the amounts of beneﬁts provided in clause 1(e), (g) and (i).

Schedule 6 was amended, as from 1 April 1991, by section 38 Social Security Amendment Act 1991 (1991 No 1) by repealing the second proviso to clause 1.
Schedule 6 was amended, as from 1 April 1992, by section 23(1)(a) Social Se­ curity Amendment Act (No 2) 1991 (1991 No 78) by omitting from clause 1(e), (f), and (j) “guaranteed retirement income or”.

Schedule 6 was amended, as from 1 April 1992, by regulation 3 Social Security (Rates of Beneﬁts) Order 1992 (SR 1992/57).

Schedule 6 was amended, as from 1 April 1993, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1993 (SR 1993/67).
Schedule 6 was amended, as from 1 April 1994, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1994 (SR 1994/38).

Schedule 6 was amended, as from 1 April 1995, by regulation 3 Social Security (Rates of Beneﬁts and Allowances Order) 1995 (SR 1995/51).

Schedule 6 was amended, as from 1 April 1996, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1996 (SR 1996/49).
Schedule 6 was substituted, as from 1 July 1996, by section 39 Social Security Amendment Act 1996 (1996 No 20).

Schedule 6 was amended, as from 1 April 1997, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1997 (SR 1997/36).
Schedule 6 was amended, as from 1 April 1998, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 1998 (SR 1998/34) by substituting “149.04”, “184.17”, “241.93”, “259.80”, “153.47”, “263.47” and “30.70” for “147.81”, “182.65”, “239.94”, “257.66”, “152.21”, “262.21” and “30.44” respectively.
As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Schedule 6 was amended, as from 1 April 1999, by clause 3 Social Secur­ ity (Rates of Beneﬁts and Allowances) Order 1999 (SR 1999/58) by substi­ tuting “149.59”, “184.85”, “242.83”, “260.76”, “154.04”, “264.04”, and “30.81” for “149.04”, “184.17”, “241.93”, “259.80”, “153.47”, “263.47”, and “30.70”.
Schedule 6: clauses 1(a)­(g) and (2) were amended, as from 1 April 2000, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2000 (SR 2000/41) by substituting “150.35”, “185.79”, “244.07”, “262.09”, 434 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 6 “154.83”, “264.83”, and “30.96” for “149.59”, “184.85”, “242.83”, “260.76”, “154.04”, “264.04”, and “30.81”, respectively.
Schedule 6 was amended, as from 1 April 2001, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2001 (SR 2001/24) by substituting “156.33”, “193.18”, “253.78”, “272.52”, “160.99”, “270.99” and “32.19”, for “150.35”, “185.79”, “244.07”, “262.09”, “154.83”, “264.83”, and “30.96” , respectively.
Schedule 6: clauses 1(a) to 1(g) and 2 were amended, as from 1 April 2002, clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2002 (SR 2002/53) by substituting “159.18”, “196.70”, “258.40”, “277.48”, “163.92”, “163.92”, “163.92”, “273.92” and “32.78”, for “156.33”, “193.18”, “253.78”, “272.52”, “160.99”, “160.99”, “160.99”, “270.99”, and “32.19”, respectively.
Schedule 6: clauses 1(a) to 1(g) were amended, as from 1 April 2003, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2003 (SR 2003/44) by substituting “163.51”, “202.05”, “265.43”, “285.03”, “168.38”, “168.38”, “168.38”, “278.38” and “33.67”, for “159.18”, “196.70”, “258.40”, “277.48”, “163.92”, “163.92”, “163.92”, “273.92” and “32.78”, respectively Schedule 6: clauses 1(a) to 1(g) were amended, as from 1 April 2004, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2004 (SR 2004/52) by substituting “166.04”, “205.18”, “269.54”, “289.45”, “170.99”, “170.99”, “170.99”, “280.99”, and “34.19” for “163.51”, “202.05”, “265.43”, “285.03”, “168.38”, “168.38”, “168.38”, “278.38”, and “33.67”, respectively.
Schedule 6: clause 1(c) was substituted, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Schedule 6: clause 1(d) was repealed, as from 1 April 2005, by section 20(1) So­ cial Security (Working for Families) Amendment Act 2004 (2004 No 51).

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Schedule 6: clauses 1(a), 1(b), 1(c), 1(e), 1(f), 1(g), and 2 were amended, as from 1 April 2005, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2005 (SR 2005/42) by substituting “170.52”, “210.72”, “276.82”, “175.61”, “175.61”, “175.61”, “285.61”, and “35.11” for “166.04”, “205.18”, “269.54”, “170.99”, “170.99”, “170.99”, “280.99”, and “34.19”, respectively.
Schedule 6: clause 1(a) and (c) were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “a single” for “an unmarried”.

Schedule 6: clause 1(b) was amended, as from 26 April 2005, by section 3 So­ cial Security Amendment Act 2005 (2005 No 21) by substituting “a single” 435 Schedule 6 Social Security Act 1964 Reprinted as at 19 December 2007 for “an unmarried”.
However, this amendment was in error as the words “an unmarried” did not appear in clause (1)(b).

The word “single” has been edito­ rially substituted for “unmarried”.

Schedule 6: clause 1(e), (f), and (g) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “beneﬁciary (with or without dependent children) who is married or in a civil union,” for “married beneﬁciary (with or without dependent children)”.
Schedule 6: clause (1) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse” wherever it appears.

Schedule 6: clause 2 was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “a single” for “an unmarried”.
Schedule 6: clauses (1)(a), (b), (c), (e), (f), (g), and 2 were amended, as from 1 April 2006, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2006 (SR 2006/44) by substituting “175.91”, “217.38”, “285.57”, “181.16”, “181.16”, “181.16”, “291.16”, and “36.22” for “170.52”, “210.72”, “276.82”, “175.61”, “175.61”, “175.61”, “285.61”, and “35.11”, respectively.
Schedule 6: clause 1(e) to (g) was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.
Schedule 6: clauses (1)(a), (b), (c), (e), (f), (g), and 2 were amended, as from 1 April 2007, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2007 (SR 2007/60) by substituting “180.54”, “223.10”, “293.08”, “185.92”, “185.92”, “185.92”, “295.92”, and “37.18” for “175.91”, “217.38”, “285.57”, “181.16”, “181.16”, “181.16”, “291.16”, and “36.22”, respectively.

1.

(a) To a single beneﬁciary under the age of 18 years without dependent children $180.54 a week, subject to Income Test 1.
(b) To any other single beneﬁciary without dependent children $223.10 a week, subject to Income Test 1.
(c) To a single beneﬁciary with 1 or more dependent children $293.08 a week subject to Income Test 1 (d) 436 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 6 (e) To a beneﬁciary (with or without dependent 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 dependent 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 dependent 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 $185.92 a week, subject to Income Test 2.
$185.92 a week, increased by $185.92 a week in respect of his or her spouse or partner, the total rate to be subject to Income Test 1.

$185.92 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 exceed­ ing $20 a week) earned by the beneﬁciary’s own efforts; and (b) Disregard all of the income of a totally blind beneﬁciary earned by the beneﬁciary’s own efforts.

2.
2.

Maximum amount from all sources where subsidy paid on earnings of blind invalid, in every case $295.92 a week, increased by $37.18 a week if the beneﬁciary is a single person.

437 Schedule 7 Social Security Act 1964 Reprinted as at 19 December 2007 Schedule 7 Rates of miners’ beneﬁts and miners’ widows’ beneﬁts [Repealed] Section 49, 53 Schedule 7 was substituted, as from 20 July 1983, by section 12(1) Social Se­ curity Amendment Act 1983 (1983 No 138).
Schedule 7 was amended, as from 1 April 1988, by regulation 2 Social Security (Rates of Beneﬁts) Order 1988 (SR 1988/159).

Schedule 7 was amended, as from 1 April 1989, by regulation 2 Social Security (Rates of Beneﬁts and Rate of Allowance) Order 1989 (SR 1989/107).

Schedule 7 was amended, as from 1 April 1990, by regulation 2 Social Security (Rates of Beneﬁts) Order 1990 (SR 1990/64).
Schedule 7 was amended, as from 1 April 1992, by regulation 2 Social Security (Rates of Beneﬁts) Order 1992 (SR 1992/57).

Schedule 7 was repealed, as from 30 June 1993, by section 5(2) 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 Section 55(3) Schedule 8 was substituted, as from 1 April 1989, by section 36(1) Finance Act 1989 (1989 No 13).
Clause 1(e) and (f) was amended, as from 1 April 1990, by section 14(17)(a) So­ cial Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting “a beneﬁt (other than guaranteed retirement income or a veteran’s pension)” for “a beneﬁt (other than national superannuation) under Part I of this Act, or an economic pension, war veteran’s allowance, or war service pension under the War Pensions Act 1954”.
Clause 1(g) and (h) was amended, as from 1 April 1990, by section 14(17)(b) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting “a beneﬁt in his or her own right” for “, in his or her own right, a beneﬁt under Part I of this Act, or an economic pension, war veteran’s allowance, or war service pension under the War Pensions Act 1954”.
Clause 1(i) and (j) was amended, as from 1 April 1990, by section 14(17)(c) So­ cial Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting “guaranteed retirement income or a veteran’s pension” for “national super­ annuation under Part 1 of this Act”.

Schedule 8 was amended, as from 1 April 1990, by regulation 2 Social Security (Rates of Beneﬁts) Order 1990 (SR 1990/64).

Schedule 8 was amended, as from 1 April 1991, by section 37(1) Social Security Amendment Act 1991 (1991 No 1).
438 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 8 Paragraph 1(aa) was inserted, as from 1 April 1991, by section 39(1) Social Security Amendment Act 1991 (1991 No 1).

The proviso to clause 1 was repealed, as from 1 April 1991, by section 39(2) So­ cial Security Amendment Act 1991 (1991 No 1).

Schedule 8 was amended, as from 1 April 1992, by regulation 2 Social Security (Rates of Beneﬁts) Order 1992 (SR 1992/57).
Clause 1(e), (f), (i) and (j) was amended, as from 1 April 1992, by section 23(1)(b) Social Security Amendment Act (No 2) 1991 (1991 No 78) by omit­ ting “guaranteed retirement income or”.

Schedule 8 was amended, as from 1 April 1993, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1993 (SR 1993/67).

Schedule 8 was amended, as from 1 April 1994, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1994 (SR 1994/38).
Schedule 8 was amended, as from 1 April 1995, by section 3 Social Security (Rates of Beneﬁts and Allowances) Order 1995 (SR 1995/51).

Schedule 8 was amended, as from 1 April 1996, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1996 (SR 1996/49) by substituting the amounts of beneﬁt.

Schedule 8 was substituted, as from 1 July 1996, by section 39 Social Security Amendment Act 1996 (1996 No 20).
Schedule 8 was amended, as from 1 April 1997, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1997 (SR 1997/36).

Clause 1(a) was repealed, as from 1 January 1998, by section 10(1) Social Se­ curity Amendment Act (No 3) 1997 (1997 No 23).
Schedule 8 was amended, as from 1 April 1998, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 1998 (SR 1998/34) by substituting “147.34”, “153.47”, “211.04”, “230.24”, “139.54”, “122.78” for “146.13”, “152.21”, “209.30”, “228.34”, “138.39” and “121.77” respectively.

Schedule 8 was amended, as from 1 July 1998, by section 9(1)(a) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “Section 55(3)” for “Section 55”.
It was amended by section 9(1)(b) of that Act by substituting the heading “RATES OF BENEFIT PAYABLE TO PERSON RECEIVING A SICKNESS BENEFIT IMMEDIATELY BEFORE 1 JULY 1998” for the head­ ing “RATES OF SICKNESS BENEFITS”.

Schedule 8 was amended, as from 1 April 1999, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1999 (SR 1999/58) by substituting “211.82” and “231.09” for “211.04” and “230.24”.
Schedule 8: clause 1(aa) was amended, as from 26 April 2005, by section 3 So­ cial Security Amendment Act 2005 (2005 No 21) by substituting “a single” for “an unmarried”.

Schedule 8: clause 1(b) was amended, as from 26 April 2005, by section 3 So­ cial Security Amendment Act 2005 (2005 No 21) by substituting “single” for “unmarried”.
Schedule 8: clause 1(c) and (d) were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “a single” for “an unmarried”.
439 Schedule 8 Social Security Act 1964 Reprinted as at 19 December 2007 Schedule 8: clause 1(e), (f), and (g) were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “beneﬁciary (with or without dependent children) who is married or in a civil union,” for “married beneﬁciary (with or without dependent children)”.
Schedule 8: clause 1 was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse” wherever it appears.

Schedule 8: clause 1(e) to (g) was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.

1.
1.

(a) (aa) To a single beneﬁciary of or over the age of 18 years and under the age of 25 years without dependent children $147.34 a week, subject to Income Test 3.
(b) To any other single beneﬁciary without dependent children (c) To a single beneﬁciary with 1 dependent child (d) To a single beneﬁciary with 2 or more dependent children (e) To a beneﬁciary (with or without dependent 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) $153.47 a week, subject to Income Test 3.

$211.82 a week, subject to Income Test 3.


$231.09 a week, subject to Income Test 3.

$139.54 a week, subject to Income Test 4.
440 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 9 (f) (g) To a beneﬁciary (with or without dependent 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 dependent 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) $139.54 a week, increased by $139.54 a week in respect of his or her spouse or partner, the total rate to be subject to Income Test 3.
$139.54 a week, subject to Income Test 3.

2.

Maximum increase in respect of a $122.78 a week.

housekeeper Schedule 9 Rates of unemployment beneﬁts and sickness beneﬁts Sections 60JA, 99 Schedule 9 was substituted, as from 1 April 1989, by section 36(1) Finance Act 1989 (1989 No 13).
Clause 1(e) and (f) was amended, as from 1 April 1990, by section 14(17)(a) So­ cial Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting “a beneﬁt (other than guaranteed retirement income or a veteran’s pension)” for “a beneﬁt (other than national superannuation) under Part I of this Act, or an economic pension, war veteran’s allowance, or war service pension under the War Pensions Act 1954”.
Clause 1(g) and (h) was amended, as from 1 April 1990, by section 14(17)(b) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting “a beneﬁt in his or her own right” for “, in his or her own right, a beneﬁt under Part I of this Act, or an economic pension, war veteran’s allowance, or war service pension under the War Pensions Act 1954”.
Clause 1(i) and (j) was amended, as from 1 April 1990, by section 14(17)(c) So­ cial Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting “guaranteed retirement income or a veteran’s pension” for “national super­ annuation under Part 1 of this Act”.

441 Schedule 9 Social Security Act 1964 Reprinted as at 19 December 2007 Schedule 9 was amended, as from 1 April 1990, by regulation 2 Social Security (Rates of Beneﬁts) Order (SR 1990/64).
The heading to Schedule 9 was substituted, as from 1 December 1990, by sec­ tion 22(1) Social Security Amendment Act (No 2) 1990 (1990 No 74).

Schedule 9 was amended, as from 1 March 1991, by section 40(2) Social Se­ curity Amendment Act 1991 (1991 No 1) by inserting clauses 4 and 5.

Clause 1(a)(i) and (ii) were repealed, as from 2 March 1991, by section 40(1)(a) Social Security Amendment Act 1991 (1991 No 1).
Clause (1) proviso was repealed, as from 2 March 1991, by section 40(1)(b) So­ cial Security Amendment Act 1991 (1991 No 1).

Schedule 9 was amended, as from 1 April 1991, by section 37(1) Social Security Amendment Act 1991 (1991 No 1).

Schedule 9 was amended, as from 1 April 1992, by regulation 2 Social Security (Rates of Beneﬁts) Order 1992 (SR 1992/57).
Clause 1(e), (f), (i), and (j) were amended, as from 1 April 1992, by section 23(1)(c) Social Security Amendment Act (No 2) 1991 (1991 No 78) by omitting “guaranteed retirement income or”.

Schedule 9 was amended, as from 1 April 1993, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1993 (SR 1993/67).

Schedule 9 was amended, as from 1 April 1994, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1994 (SR 1994/38).
Schedule 9 was amended, as from 1 April 1995, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1995 (SR 1995/51).

Schedule 9 was amended, as from 1 April 1996, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1996 (SR 1996/49) by substituting the amounts of beneﬁt.

Clause 6 was inserted, as from 1 July 1995, by section 38 Social Security Amendment Act 1996 (1996 No 20).
Schedule 9 was substituted, as from 1 July 1996, by section 39 Social Security Amendment Act 1996 (1996 No 20).

Schedule 9 was amended, as from 1 April 1997, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1997 (SR 1997/36) by substituting the amounts of beneﬁt.

The heading was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by substituting “YOUNG JOB SEEKER’S ALLOWANCES” for “JOB SEARCH ALLOWANCES”.
Schedule 9 was amended, as from 1 April 1998, by clause 4 Social Secur­ ity (Rates of Beneﬁts and Allowances) Order 1998 (SR 1998/34) by substi­ tuting “122.78”, “147.34”, “211.04”, “230.24”, “130.47” and “122.78” for “121.77”, “146.13”, “209.30”, “228.34”, “129.40” and “121.77” respect­ ively.

Schedule 9 was amended, as from 1 July 1998, by section 10(1)(a) Social Se­ curity Amendment Act 1998 (1998 No 19) by inserting “55 (1) and (2)”.
It was amended by section 10(1)(b) of that Act by amending the heading by inserting “RATES OF SICKNESS BENEFITS,”.

442 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 9 Schedule 9 was amended, as from 1 October 1998, by section 56(1)(a) Social Security Amendment Act 1998 (1998 No 19) by substituting “Sections 60JA, 99” for “Sections 55(1) and (2), 59, 60B, 60E, 60JA”.
It was amended by section 56(1)(b) of that Act by substituting the heading “RATES OF COMMU­ NITY WAGE” for the heading “MAXIMUM RATES OF UNEMPLOYMENT BENEFITS, RATES OF SICKNESS BENEFITS, RATES OF TRAINING BENEFITS, AND RATES OF YOUNG JOB SEEKER’S ALLOWANCES”.

Clause (1)(aa) was inserted, as from 1 July 1998, by section 10(2) Social Se­ curity Amendment Act 1998 (1998 No 19).
Clause (1)(a) was amended, as from 1 July 1998, by section 10(3) Social Secur­ ity Amendment Act 1998 (1998 No 19) by substituting “any other” for “an”.

Clause 3 was repealed, as from 1 July 1996, by section 2(2) Social Security Amendment Act (No 3) 1996 (1996 No 49).

See section 2(4) of that Act as to the savings provisions.

Clause 4 was repealed, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23).
Clause 5 was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting “or young job seeker’s allowance”.

Clause 5 was substituted, as from 1 October 1998, by section 56(2) Social Se­ curity Amendment Act 1998 (1998 No 19).

Clause 6 was repealed, as from 1 October 1998, by 40(2)(c) Social Security Amendment Act 1998 (1998 No 19).
Schedule 9 was amended, as from 1 April 1999, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1999 (SR 1999/58) by substituting “98.58”, “123.23”, “147.89”, “211.82”, “231.09”, “130.95”, “123.23”, “130.95”, “123.23”, “130.95”, and “123.23” for “98.22”, “122.78”, “147.34”, “211.04”, “230.24”, “130.47”, “122.78”, “130.47”, “122.78”, “130.47”, and “122.78” respectively.
Schedule 9 was amended, as from 1 April 2000, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2000 (SR 2000/41) by substituting “99.09”, “123.86”, “148.64”, “212.90”, “232.27”, “131.62”, “123.86”, “131.62”, “123.86”, “131.62”, and “123.86” for “98.58”, “123.23”, “147.89”, “211.82”, “231.09”, “130.95”, “123.23”, “130.95”, “123.23”, “130.95”, and “123.23”, respectively.
Schedule 9: clauses 1(aa), (1)(a)­(j), (2) and (5) were amended, as from 1 April 2001, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2001 (SR 2001/24) by substituting “103.03”, “128.79”, “154.56”, “221.37”, “241.51”, “136.86”, “128.79”, “136.86”, “128.79”, “136.86”, and “128.79” for “99.09”, “123.86”, “148.64”, “212.90”, “232.27”, “131.62”, “123.86”, “131.62”, “123.86”, “131.62”, and “123.86” , respectively.
Schedule 9 heading was amended, as from 1 July 2001, by section 44(1) Social Security Amendment Act 2001 (2001 No 1) by substituting “Rates of unem­ ployment beneﬁts and sickness beneﬁts” for “Rates of Community Wage”.

The heading to Schedule 9 was substituted, as from 1 July 2001, by section 44(1) Social Security Amendment Act 2001 (2001 No 1).
443 Schedule 9 Social Security Act 1964 Reprinted as at 19 December 2007 Clause 1(aa) was amended, as from 1 July 2001, by section 44(2) Social Security Amendment Act 2001 (2001 No 1) by substituting “under the age of 20” for “aged 18 or 19”.

Clause 1(a) was amended, as from 1 July 2001, by section 44(3) Social Security Amendment Act 2001 (2001 No 1) by omitting “of or over the age of 18 years and”.
Clause 5 was amended, as from 1 July 2001, by section 44(4) Social Security Amendment Act 2001 (2001 No 1) by substituting “beneﬁt” for “community wage”.
Schedule 9: clauses 1(a), 1(aa) to 1(j), 2 and 5 were amended, as from 1 April 2002, clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2002 (SR 2002/53) by substituting “104.91”, “131.13”, “157.37”, “225.40”, “245.91”, “139.35”, “131.13”, “139.35”, “131.13”, “139.35”, “131.13” and “131.13” for “103.03”, “128.79”, “154.56”, “221.37”, “241.51”, “136.86”, “128.79”, “136.86”, “128.79”, “136.86”, “128.79” and “128.79” respectively Schedule 9: clauses 1(aa) to 1(j), 2 and 5 were amended, as from 1 April 2003, clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2003 (SR 2003/44) by substituting “107.76”, “134.70”, “161.65”, “231.53”, “252.60”, “143.14”, “134.70”, “143.14”, “134.70”, “143.14”, “134.70”, “134.70”, and “134.70” for “104.91”, “131.13”, “157.37”, “225.40”, “245.91”, “139.35”, “131.13”, “139.35”, “131.13”, “139.35”, “131.13” , “131.13”, and “131.13”, respectively.
Schedule 9: clauses 1(aa) to 1(j), 2 and 5 were amended, as from 1 April 2004, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2004 (SR 2004/52) by substituting “109.43”, “136.79”, “164.16”, “235.52”, “256.52”, “145.36”, “136.79”, “145.36”, “136.79”, “145.36”, “136.79”, “136.79”, and “136.79” for “107.76”, “134.70”, “161.65”, “231.53”, “252.60”, “143.14”, “134.70”, “143.14”, “134.70”, “143.14”, “134.70”, “134.70”, and “134.70”, respectively.
Schedule 9: clause 1(c) to (f) was substituted, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Schedule 9: clause 1(g) to (j) was repealed, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Schedule 9: clauses 1(aa), 1(a), 1(b), 1(c), 1(d), 1(e), 1(f), 2, and 5 were amended, as from 1 April 2005, by clause 4 Social Security (Rates of Bene­ ﬁts and Allowances) Order 2005 (SR 2005/42) by substituting “112.38”, “140.48”, “168.59”, “241.47”, “140.48”, “140.48”, “140.48”, “140.48”, and “140.48” for “109.43”, “136.79”, “164.16”, “235.12”, “136.79”, “136.79”, “136.79”, “136.79”, and “136.79”, respectively.
444 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 9 Schedule 9: clause 1(aa) was amended, as from 26 April 2005, by section 3 So­ cial Security Amendment Act 2005 (2005 No 21) by substituting “a single” for “an unmarried”.

Schedule 9: clause 1(a) and (b) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “single” for “unmarried”.
Schedule 9: clause 1(c) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “a single” for “an unmarried”.

Schedule 9: clause 1(d) was amended, as from 26 April 2005, by section 3 So­ cial Security Amendment Act 2005 (2005 No 21) by substituting “beneﬁciary who is married or in a civil union” for “married beneﬁciary”.
Schedule 9: clause 1(d) was amended, as from 26 April 2005, by section 3 So­ cial Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

Schedule 9: clause 1(e) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “beneﬁciary who is married or in a civil union” for “married beneﬁciary”.
Schedule 9: clause 1(e) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse” in both places it appears.

Schedule 9: clause 1(f) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “beneﬁciary who is married or in a civil union” for “married beneﬁciary”.
Schedule 9: clause 1(f) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.
Schedule 9: clauses 1(aa), (a), (b), (c), (d), (e), (f), 2, and 5 were amended, as from 1 April 2006, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2006 (SR 2006/44) by substituting “115.94”, “144.92”, “173.92”, “249.10”, “144.92”, “144.92”, “144.92”, “144.92”, and “144.92” for “112.38”, “140.48”, “168.59”, “241.47”, “140.48”, “140.48”, “140.48”, “140.48”, and “140.48”, respectively.
Schedule 9: clause 1(d) to (f) was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.
Schedule 9: clauses 1(aa), (a), (b), (c), (d), (e), (f), 2, and 5 were amended, as from 1 April 2007, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2007 (SR 2007/60) by substituting “118.98”, “148.73”, “178.49”, “255.65”, “148.73”, “148.73”, “148.73”, “148.73”, and “148.73” for “115.94”, “144.92”, “173.92”, “249.10”, “144.92”, “144.92”, “144.92”, “144.92”, and “144.92”.
445 Schedule 9 Social Security Act 1964 Reprinted as at 19 December 2007 To a single beneﬁciary under the age of 20 who is— (i) Living with a parent (as that term is deﬁned in sec­ tion 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 without 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 relationship (with or without dependent children) whose spouse or partner is granted, in his or her own right, a beneﬁt (other than a veteran’s pension) $118.98 a week, subject to Income Test 3.

$148.73 a week, subject to Income Test 3.


$178.49 a week, subject to Income Test 3.

$255.65 a week, subject to Income Test 3 $148.73 a week, subject to Income Test 4 1.
(aa) (a) (b) (c) (d) 446 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 9 To a beneﬁciary who is married or in a civil union or in a de facto relationship (with or without dependent children) 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 relationship (with or without dependent children) whose spouse or partner is granted, in his or her own right, a veteran’s pension $148.73 a week, increased by $148.73 a week in respect of his or her spouse or partner, the total rate to be subject to Income Test 3 $148.73 a week, subject to Income Test 3 (e) (f) (g) (h) (i) (j) Maximum increase in respect of a housekeeper $148.73 a week.
2.

3.

447 Schedule 10 Social Security Act 1964 Reprinted as at 19 December 2007 4.

5.
5.

Special rate of beneﬁt for persons to whom section 99(4) applies $148.73 a week, subject to Income Test 4 Section 66 Schedule 10 Special income exemption in respect of sick beneﬁts from friendly or like society (New Zealand Superannuation payable under section 16 of this Act, invalids’, widows’, domestic purposes, and sickness beneﬁts only) Schedule 10 was substituted, as from 28 September 1982, by section 18(1) So­ cial Security Amendment Act 1982 (1982 No 16).
Schedule 10 was substituted, as from 20 July 1983, by section 12(1) Social Security Amendment Act 1983 (1983 No 138).

Maximum rate ................. $2 a week in the case of a sickness beneﬁt, and $104 a year in any other case.

The heading to Schedule 10 was amended, as from 1 April 1994, pursuant to section 2(1) Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149) by substituting “New Zealand Superannuation” for “National Superannuation”.
448 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 13 Schedule 11 Special income exemption in respect of earnings from domestic and nursing service [Repealed] Section 67 Schedule 11 was repealed, as from 14 May 1969, by section 5(1) 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 Section 69 Schedule 12 was substituted, as from 28 September 1982, by section 18(1) So­ cial Security Amendment Act 1982 (1982 No 16).

Schedule 12 was substituted, as from 20 July 1983, by section 12(1) Social Security Amendment Act 1983 (1983 No 138).

Maximum rate .......................... $1 a week.

Schedule 13 Enactments repealed Section 135(1) 1938, No 7—The Social Security Act 1938.
(1957 Reprint, Vol 14, p 475) 1939, No 31—The Social Security Amendment Act 1939.

(1957 Reprint, Vol 14, p 578).

1940, No 5—The Social Security Amendment Act 1940 (1957 Reprint, Vol 14, p 579).

1940, No 30—The Finance Act (No 4) 1940: Part 2 (1957 Reprint, Vol 14, p 580).

1941, No 4—The Finance Act 1941: Part 2 (1957 Reprint, Vol 14, p 581).

1943, No 19—The Social Security Amendment Act 1943.

(1957 Reprint, Vol 14, p 583).


• • • • • • 449 Schedule 13 Social Security Act 1964 Reprinted as at 19 December 2007 1944, No 31—The Finance Act (No 3) 1944: Section 5 (1957 Reprint, Vol 14, p 586).

1945, No 11—The Social Security Amendment Act 1945.

(1957 Reprint, Vol 14, p 586).

1945, No 45—The Finance Act (No 2) 1945: Section 57 (1957 Reprint, Vol 14, p 590).

1946, No 22—The Social Security Amendment Act 1946.

(1957 Reprint, Vol 14, p 590).

1947, No 28—The Social Security Amendment Act 1947.
(1957 Reprint, Vol 14, p 593).

1948, No 78—The Finance Act (No 2) 1948: Part 3 (1957 Reprint, Vol 14, p 593).

1949, No 38—The Social Security Amendment Act 1949.

(1957 Reprint, Vol 14, p 594).

1950, No 49—The Social Security Amendment Act 1950.

(1957 Reprint, Vol 14, p 597).

1951, No 54—The Social Security Amendment Act 1951.

(1957 Reprint, Vol 14, p 600).

1952, No 81—The Finance Act (No 2) 1952: Part 2 (1957 Reprint, Vol 14, p 602).

1954, No 69—The Social Security Amendment Act 1954.
(1957 Reprint, Vol 14, p 604).

1955, No 9—The Social Security Amendment Act 1955.

(1957 Reprint, Vol 14, p 606).

1955, No 34—The Social Security Amendment Act (No 2) 1955.

(1957 Reprint, Vol 14, p 608).

1957, No 92—The Social Security Amendment Act 1957.

(1957 Reprint, Vol 14, p 609).

1958, No 46—The Social Security Amendment Act 1958.

1959, No 80—The Social Security Amendment Act 1959.

1960, No 13—The Social Security Amendment Act 1960.

1961, No 6—The Social Security Amendment Act 1961.


1962, No 22—The Social Security Amendment Act 1962.

1962, No 102—The Social Security Amendment Act (No 2) 1962.

• • • • • • • • • • • • • • • • • • • • 450 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 16 • • • 1963, No 46—The Public Revenues Amendment Act 1963: Section 24.

1963, No 47—The Social Security Amendment Act 1963.

1964, No 37—The Social Security Amendment Act 1964.
Schedule 14 Child supplements [Repealed] Section 61A Schedule 14 was repealed, as from 6 August 1986, by section 14(1)(c) Social Security Amendment Act 1986 (1986 No 39).

Schedule 15 Maximum rate of rehabilitation allowances [Repealed] Section 124(4) Schedule 15 was repealed by section 13(1) Social Security Amendment Act 1979.
Schedule 16 Rates of domestic purposes beneﬁts ss 27B, 27C, 27H Schedule 16 was amended, as from 1 April 1999, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1999 (SR 1999/58) by substituting “211.82”, “231.09”, and “154.04” for “211.04”, “230.24”, and “’153.47” respectively.
Schedule 16 was amended, as from 1 April 2000, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2000 (SR 2000/41) by substituting “212.90”, “232.27”, and “154.83” for “211.82”, “231.09”, and “154.04”, respectively.

Schedule 16: clauses 1(a), (1)(b) and (2) were amended, as from 1 April 2001, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2001 (SR 2001/24) by substituting “221.37”, “241.51”, and “160.99” for “212.90”, “232.27”, and “154.83”, respectively.
Schedule 16: clauses 1(a), (1)(b) and (2) were amended, as from 1 April 2002, clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2002 (SR 2002/53) by substituting “225.40”, “245.91”, and “163.92” for “221.37”, “241.51”, and “160.99” respectively.

451 Schedule 16 Social Security Act 1964 Reprinted as at 19 December 2007 Schedule 16 was substituted, as from 10 March 2003, by section 30 Social Se­ curity (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Schedule 16: clauses 1(a), 1(b), and 2 were amended, as from 1 April 2003, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2003 (SR 2003/44) by substituting “231.53”, “252.60”, and “168.38” for “225.40”, “245.91”, and “163.92”, respectively.
Schedule 16: clauses 1(a), 1(b), and 2 were amended, as from 1 April 2004, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2004 (SR 2004/52) by substituting “235.12”, “256.52”, and “170.99” for “231.53”, “252.60”, and “168.38”, respectively.

Schedule 16: clause 1 was substituted, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Schedule 16: clauses 1 and 2 were amended, as from 1 April 2005, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2005 (SR 2005/42) by substituting “241.47” and “175.61” for “235.12” and “170.99”, respectively.

Schedule 16: clauses 1 and 2 were amended, as from 1 April 2006, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2006 (SR 2006/44) by substituting “249.10” and “181.16” for “241.47” and “175.61”, respectively.
Schedule 16: clauses 1 and 2 were amended, as from 1 April 2007, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2007 (SR 2007/60) by substituting “255.65” and “185.92” for “249.10” and “181.16”.
To a beneﬁciary with 1 or more dependent children To a beneﬁciary without any dependent children $255.65 a week, subject to Income Test 1 $185.92 a week, subject to Income Test 1 For the purposes of clause 1, the chief executive may, in his or her discretion, disregard up to $20 a week of the beneﬁciary’s personal earnings used to meet the 1 2 3 452 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 17 cost of child care for any of the beneﬁciary’s dependent children.
Schedule 17 Rates of domestic purposes beneﬁts Sections 27G, 27H Schedule 17 was substituted, as from 1 October 1986, by section 18(1) Social Security Amendment Act 1986 (1986 No 39).

Schedule 17 was substituted, as from 1 April 1989, by section 36(1) Finance Act 1989 (1989 No 13).
Clauses 5 and 6 were amended, as from 1 April 1990, by section 14(17)(a) So­ cial Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting “a beneﬁt (other than guaranteed retirement income or a veteran’s pension)” for “a beneﬁt (other than national superannuation) under Part I of this Act, or an economic pension, war veteran’s allowance, or war service pension under the War Pensions Act 1954”.
Clauses 7 and 8 were amended, as from 1 April 1990, by section 14(17)(b) So­ cial Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting “a beneﬁt in his or her own right” for “, in his or her own right, a beneﬁt under Part I of this Act, or an economic pension, war veteran’s allowance, or war ser­ vice pension under the War Pensions Act 1954”.
Clauses 9 and 10 were amended, as from 1 April 1990, by section 14(17)(c) So­ cial Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting “guaranteed retirement income or a veteran’s pension” for “national super­ annuation under Part 1 of this Act”.

Schedule 17 was amended, as from 1 April 1990, by regulation 2 Social Security (Rates of Beneﬁts) Order 1990 (SR 1990/64) by substituting the amounts of beneﬁt.
Schedule 17 was amended, as from 1 April 1991, by section 37(1) Social Secur­ ity Amendment Act 1991 (1991 No 1) by substituting the amounts of beneﬁt.

Schedule 17 was amended, as from 1 April 1992, by regulation 2 Social Security (Rates of Beneﬁts) Order 1992 (SR 1992 /57) by substituting the amounts of beneﬁt for clauses 5, 7, and 9.
Schedule 17 was amended, as from 1 April 1993, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1993 (SR 1993/67) by substituting the amounts of beneﬁt Schedule 17 was amended, as from 1 April 1994, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1994 (SR 1994/38) by substituting the amounts of beneﬁt Schedule 17 was amended, as from 1 April 1995, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1995 (1995/51).
Schedule 17 was amended, as from 1 April 1996, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1996 (1996/49).

453 Schedule 17 Social Security Act 1964 Reprinted as at 19 December 2007 Schedule 17 was substituted, as from 1 July 1996, by section 39 Social Security Amendment Act 1996 (1996 No 20).

Schedule 17 was amended, as from 1 April 1997, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1997 (SR 1997/36).
Schedule 17 was amended, as from 1 April 1998, by clause 4 Social Secur­ ity (Rates of Beneﬁts and Allowances) Order 1998 (SR ’1998/34) by substi­ tuting “149.04”, “184.17”, “241.93”, “259.80” and “153.47” for “147.81”, “182.65”, “239.94”, “257.66” and “152.21” respectively.
Schedule 17 was amended, as from 1 April 1999, by clause 3 Social Secur­ ity (Rates of Beneﬁts and Allowances) Order 1999 (SR 1999/58) by substitut­ ing “149.59”, “184.85”, “242.83”, “260.76”, and “154.04” for “149.04”, “184.17”, “241.93”, “259.80”, and “153.47” respectively.
Schedule 17 was amended, as from 1 April 2000, by clause 4 Social Secur­ ity (Rates of Beneﬁts and Allowances) Order 2000 (SR 2000/41) by substitut­ ing “150.35”, “185.79”, “244.07”, “262.09”, and “154.83” for “149.59”, “184.85”, “242.83”, “260.76”, and “154.04”, respectively.
Schedule 17 was amended, as from 1 April 2001, by clause 4 Social Secur­ ity (Rates of Beneﬁts and Allowances) Order 2001 (SR 2001/24) by substitut­ ing “156.33”, “193.18”, “253.78”, “262.09”, and “154.83”, for “150.35”, “185.79”, “244.07”, “262.09”, and “154.83”, respectively.
Schedule 17: clauses 1 to 8 were amended, as from 1 April 2002, clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2002 (SR 2002/53) by substituting “159.18”, “196.70”, “258.40”, “277.48”, and “163.92”, for “156.33”, “193.18”, “253.78”, “262.09”, and “154.83” respectively.
Schedule 17: clauses 1 to 8 were amended, as from 1 April 2003, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2003 (SR 2003/44) by substituting “163.51”, “202.05”, “265.43”, “285.03”, “168.38”, “168.38”, “168.38”, and “168.38” for “159.18”, “196.70”, “258.40”, “277.48”, and “163.92”, respectively.
Schedule 17: clauses 1 to 8 were amended, as from 1 April 2004, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2004 (SR 2004/52) by substituting “166.04”, “205.18”, “269.54”, “289.45”, “170.99”, “170.99”, “170.99”, and “170.99” for “163.51”, “202.05”, “265.43”, “285.03”, “168.38”, “168.38”, “168.38”, and “168.38”, respectively.

Schedule 17: clause 3 was substituted, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Schedule 17: clauses 1 to 3 and 5 to 7 were amended, as from 1 April 2005, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2005 (SR 2005/42) by substituting “170.52”, “210.72”, “276.82”, “175.61”, “175.61”, “175.61”, and “175.61” for “166.04”, “205.18”, “269.54”, “170.99”, “170.99”, “170.99”, and “170.99”, respectively.

Schedule 17: clause 1 was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “a single” for “an unmarried”.
454 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 17 Schedule 17: clause 2 was amended, as from 26 April 2005, by section 3 So­ cial Security Amendment Act 2005 (2005 No 21) by substituting “single” for “unmarried”.

Schedule 17: clause 3 was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “a single” for “an unmarried”.
Schedule 17: clause 4 was repealed, as from 1 April 2005, by section 20(1) So­ cial Security (Working for Families) Amendment Act 2004 (2004 No 51).

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Schedule 17: clauses 5 to 7 were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “beneﬁ­ ciary (with or without dependent children) who is married or in a civil union,” for “married beneﬁciary (with or without dependent children)”.

Schedule 17: clauses 5 to 8 were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.
Schedule 17: clauses 1 to 3 and 5 to 8 were amended, as from 1 April 2006, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2006 (SR 2006/44) by substituting “175.91”, “217.38”, “285.57”, “181.16”, “181.16”, “181.16”, and “181.16” for “170.52”, “210.72”, “276.82”, “175.61”, “175.61”, “175.61”, and “175.61”, respectively.
Schedule 17: clauses 5 to 7 were amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.
Schedule 17: clauses 1 to 3 and 5 to 8 were amended, as from 1 April 2007, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2007 (SR 2007/60) by substituting “180.54”, “223.10”, “293.08”, “185.92”, “185.92”, “185.92”, and “185.92” for “175.91”, “217.38”, “285.57”, “181.16”, “181.16”, “181.16”, and “181.16”, respectively.

1.

To a single beneﬁciary under the age of 18 years without dependent children 2.
To any other single beneﬁciary without dependent children $180.54 a week, subject to Income Test 1.

$223.10 a week, subject to Income Test 1.

3.

To a single beneﬁciary with 1 or more dependent children $293.08 a week, subject to Income Test 1 4.

455 Schedule 17 Social Security Act 1964 Reprinted as at 19 December 2007 $185.92 a week, subject to Income Test 2.

$185.92 a week, subject to Income Test 1.

$185.92 a week, subject to Income Test 1.

5.


To a beneﬁciary (with or without dependent 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) 6.

To a beneﬁciary (with or without dependent 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 7.
To a beneﬁciary (with or without dependent 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, New Zealand superannuation or a veteran’s pension) 8.
Notwithstanding anything in clauses 5 to 7 of this Schedule, the rate of the domestic purposes 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 partner 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 $185.92 a week.
456 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 18 Schedule 18 Sections 61E, 61EA, 61FC, 61FD Accommodation supplement Schedule 18 was substituted, as from 14 October 1981, by section 8(3) Social Security Amendment Act 1981 (1981 No 46).

Schedule 18 was substituted, as from 28 September 1982, by section 20(1) So­ cial Security Amendment Act 1982 (1982 No 16).
The words “Director­General” were substituted for “Commission”, as from 23 June 1987, pursuant to section 2(4) Social Security Amendment Act 1987 (1987 No 106).

The words “in the Director­General’s discretion” were substituted for “in its discretion”, as from 23 June 1987, pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).

Schedule 18 was substituted, as from 1 April 1991, by section 41(1) Social Security Amendment Act 1991 (1991 No 1).
Schedule 18 was substituted, as from 1 July 1993, by section 34(1) Social Se­ curity Amendment Act (No 3) 1993 (1993 No 57).

As from 1 October 1998, references to “Director­General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
1 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) • • Area 1: this deﬁnition was inserted, as from 1 October 1996, by section 3(1) Social Security Amendment Act (No 5) 1996 (1996 No 155).

Central Auckland urban zone Northern Auckland urban zone Area 1: this deﬁnition was substituted, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
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 457 Schedule 18 Social Security Act 1964 Reprinted as at 19 December 2007 Part 1—continued 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 Meremere area unit Muriwai Beach area unit Nelson urban are 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 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 458 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 18 Part 1—continued Southern Auckland urban zone Tahekeroa area unit Tauhoa­Puhoi 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 2: this deﬁnition was inserted, as from 1 October 1996, by section 3(1) Social Security Amendment Act (No 5) 1996 (1996 No 155).
Area 2: this deﬁnition was substituted, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
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 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 459 Schedule 18 Social Security Act 1964 Reprinted as at 19 December 2007 Part 1—continued Kapiti Island area unit Kapiti urban area Katikati Community urban area Kerikeri urban area Leeston urban area Lincoln urban area Lower Hutt urban zone Makara­Ohariu 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 Rolleston urban area Rotorua urban area Russell urban area Taipa Bay­Mangonui urban area Tairua urban area Takaka urban area Taupo urban area Te Awamutu urban zone • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 460 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 18 Part 1—continued 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 3: this deﬁnition was inserted, as from 1 April 2005, by section 20(1) So­ cial Security (Working for Families) Amendment Act 2004 (2004 No 51).
See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.

Area 4 means any part of New Zealand not included in Area 1, Area 2, or Area 3.
Area 4: this deﬁnition was inserted, as from 1 April 2005, by section 20(1) So­ cial Security (Working for Families) Amendment Act 2004 (2004 No 51).

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Auckland[Repealed] this deﬁnition was repealed, as from 1 April 2005, by section Auckland: 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
[Repealed] Base rate means— (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 abate­ ment or deduction, if he or she had attained the age of 25 years: 461 Schedule 18 Social Security Act 1964 Reprinted as at 19 December 2007 Part 1—continued 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 child under subpart KD of the Income Tax Act 2004: 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) of this deﬁnition ap­ plies), the maximum weekly rate of beneﬁt he or she is entitled to receive, before 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 subpart KD of the Income Tax Act 2004, 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 of this Act, the rate speciﬁed in para­ graph (d) of this deﬁnition as if a rate of beneﬁt were paid in respect of that spouse or partner: in relation to a single non­beneﬁciary 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 subpart KD of the Income Tax Act 2004 or subpart KD of the Income Tax Act 1994 (whichever is applicable): in relation to any other single non­beneﬁciary, the weekly rate of unemployment beneﬁt at the rate in (ii) (b) (c) (d) (da) (e) (f) 462 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 18 Part 1—continued (g) clause 1(b) of the Schedule 9 before any abatement or deduction: in relation to a non­beneﬁciary who is married or in a civil union or in a de facto relationship,— (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 (di­ vided by 52) that is payable in respect of a ﬁrst dependent child who is under 16 years under sub­ part 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 base rate: this deﬁnition was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting “subpart KD of the Income Tax Act 2004” for “Part KD of the Income Tax Act 1994” in both places they appear.
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).

base rate: paragraph (b) of this deﬁnition was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by substituting “an eldest dependent child who is under 16” for “a ﬁrst dependent child”.
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).

base rate: paragraph (d) of this deﬁnition was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.
base rate: paragraph (d) of this deﬁnition was amended, as from 1 October 1995, by section 40(2) Social Security Amendment Act 1996 (1996 No 20) by inserting “(not being a beneﬁciary to whom paragraph (da) of this deﬁnition applies)”.

base rate: paragraph (d) of this deﬁnition was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by substituting “an eldest dependent child who is under 16” for “a ﬁrst dependent child”.
463 Schedule 18 Social Security Act 1964 Reprinted as at 19 December 2007 Part 1—continued base rate: paragraph (d) of this deﬁnition was amended, as from 1 October 2004, by section 19 Social Security (Working for Families) Amendment Act 2004 (2004 No 51) by inserting “(where he or she has 1 or more dependent children)” after “abatement or deduction, plus”.

See sections 23 to 25 of that Act as to the transitional provisions.
base rate: paragraph (d) of this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “beneﬁciary who is married or in a civil union” for “married beneﬁciary”.

base rate: paragraph (d) of this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.
base rate: paragraph (da) of this deﬁnition was inserted, as from 1 October 1995, by section 40(2) Social Security Amendment Act 1996 (1996 No 20).

base rate: paragraph (da) of this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “beneﬁciary who is married or in a civil union” for “married beneﬁciary”.
base rate: paragraph (da) of this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse” in both places it appears.

base rate: paragraph (da) of this deﬁnition was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.
base rate: paragraph (e) of this deﬁnition was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by substituting “a ﬁrst dependent child”, and substituting the words “an eldest dependent child who is under 16” for “a ﬁrst dependent child”.

base rate: paragraphs (e) and (f) of this deﬁnition were substituted, as from 1 Oc­ tober 2004, by section 19 Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
See sections 23 to 25 of that Act as to the transitional provisions.

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).
base rate: paragraph (g) of this deﬁnition was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by substituting “a ﬁrst dependent child”, and substituting the words “an eldest dependent child who is under 16” for “a ﬁrst dependent child”.

Base rate: paragraph (g) of this deﬁnition was substituted, as from 1 October 2004, by section 19 Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
See sections 23 to 25 of that Act as to the transitional provisions.

Base rate: paragraph (g) of this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “non­beneﬁciary who is married or in a civil union” for “married non­beneﬁ­ ciary”.
464 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 18 Part 1—continued base rate: paragraph (g) of this deﬁnition was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.

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).
Base rate: paragraph (g)(iii) of this deﬁnition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by in­ serting “or partner” after “spouse”.

Wellington[Repealed] Wellington: this deﬁnition was repealed, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
[Repealed] The amount of accommodation supplement assessed under this Schedule shall be reduced— 2 (b) (a) in the case of a non­beneﬁciary, 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— (i) in the case of a single applicant without de­ pendent children, at the maximum rate in clause 1(b) of Schedule 9; or in the case of any other applicant, at the appro­ priate maximum rate in Schedule 9.
Clause 2(a) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “the fourth proviso to section NC 6(1) of the Income Tax Act 1994” for “the fourth proviso to section 343(1) of the Income Tax Act 1976”.

Clause 2(a) was repealed, as from 1 October 2004, by section 19 Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

See sections 23 to 25 of that Act as to the transitional provisions.
(ii) Clause 2(b) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “the fourth proviso to section NC 6(1) of the Income Tax Act 1994” for “the fourth proviso to section 343(1) of the Income Tax Act 1976”.
465 Schedule 18 Social Security Act 1964 Reprinted as at 19 December 2007 Part 1—continued Clause 2(b) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “Part KD of the Income Tax Act 1994” for “Part 11A of the Income Tax Act 1976”.

Clause 2(b) was substituted, as from 1 July 1996, by section 41(1) Social Se­ curity Amendment Act 1996 (1996 No 20).
Clause 2(b)(iii) was amended, as from 1 July 1998, by clause 2 Social Security (Rates of Beneﬁts and Allowances) Order 1998 (SR 1998/34) by substituting “$17.92” for “$10.35”.

Clause 2(b) was substituted, as from 1 October 2004, by section 19 Social Se­ curity (Working for Families) Amendment Act 2004 (2004 No 51).

See sections 23 to 25 of that Act as to the transitional provisions.
Clause 2(b) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.

Clause 2(d), (e) and (g) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “Part KD of the Income Tax Act 1994” for “Part 11A of the Income Tax Act 1976”.
In assessing the income of a person in receipt of a widow’s beneﬁt or a domestic purposes beneﬁt for the purposes of sec­ tion 61EC of this Act 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 day­care centre registered under the Child Care Centre Regu­ lations 1985 or in any other day­care facility approved by the chief executive.
Every accommodation supplement assessed under this Sched­ ule shall be rounded up to the complete dollar.

3 4 466 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 18 2 Rates of accommodation supplement 1.

2.
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 accommodation costs are rent or payments for board and lodgings To a person who has no dependent children and who is married or in a civil union or in a de facto relationship, or a sole parent with 1 dependent child, whose accommodation costs are rent or payments for board and lodgings 70 percent of the amount by which an applicant’s weekly ac­ commodation costs exceeds 25 percent of the base rate, but not more than­ (a) $225 a week, if the appli­ cant resides in Area 1: $165 a week, if the appli­ cant resides in Area 2: $120 a week, if the appli­ cant resides in Area 3: $75 a week, if the appli­ cant resides in Area 4.
(b) (c) (d) 70 percent of the amount by which an applicant’s weekly ac­ commodation costs exceeds 25 percent of the base rate, but not more than— (a) $160 a week, if the appli­ cant resides in Area 1: $125 a week, if the appli­ cant resides in Area 2: $75 a week, if the appli­ cant resides in Area 3: $55 a week, if the appli­ cant resides in Area 4.
(b) (c) (d) 467 Schedule 18 Social Security Act 1964 Reprinted as at 19 December 2007 2—continued 70 percent of the amount by which an applicant’s weekly ac­ commodation costs exceeds 25 percent of the base rate, but not more than— (a) $145 a week, if the appli­ cant resides in Area 1: $100 a week, if the appli­ cant resides in Area 2: $65 a week, if the appli­ cant resides in Area 3: $45 a week, if the appli­ cant resides in Area 4.
(b) (c) (d) 70 percent of the amount by which an applicant’s weekly ac­ commodation costs exceeds 30 percent of the base rate, but not more than— (a) $225 a week, if the appli­ cant resides in Area 1: $165 a week, if the appli­ cant resides in Area 2: $120 a week, if the appli­ cant resides in Area 3: $75 a week, if the appli­ cant resides in Area 4.

(b) (c) (d) 3.
(b) (c) (d) 3.

To any other person whose accommodation costs are rent or payments for board and lodgings 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 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 4.
468 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 18 2—continued 5.

6.
To a person who has no dependent children and who is married or in a civil union or in a de facto relationship, or a sole parent with 1 dependent child, 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 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 percent of the amount by which an applicant’s weekly ac­ commodation costs exceeds 30 percent of the base rate, but not more than­ (a) $160 a week, if the appli­ cant resides in Area 1: $125 a week, if the appli­ cant resides in Area 2: $75 a week, if the appli­ cant resides in Area 3: $55 a week, if the appli­ cant resides in Area 4.
(b) (c) (d) 70 percent of the amount by which an applicant’s weekly ac­ commodation costs exceeds 30 percent of the base rate, but not more than— (a) $145 a week, if the appli­ cant resides in Area 1: $100 a week, if the appli­ cant resides in Area 2: $65 a week, if the appli­ cant resides in Area 3: $45 a week, if the appli­ cant resides in Area 4.
(b) (c) (d) Part 2 of this Schedule was amended, as from 1 July 1995, by regulation 2 Social Secur­ ity (Rates of Accommodation Supplement) Order 1995 (SR 1995/116) by substituting “$115”, “$85”, “$70”, “$85”, “$65”, “$70”, “$60”, “$45”, “$115”, “$85”, “$70”, “$85”, “$65”, “$70”, “$60”, and “$45” for “$100”, “$65”, “$55”, “$75”, “$60”, 469 Schedule 18 Social Security Act 1964 Reprinted as at 19 December 2007 2—continued “$60”, “$50”, “$42”, “$100”, “$65”, “$55”, “$75”, “$60”, “$60”, “$50”, and “$42” respectively.
Part 2 was amended, as from 1 July 1996, by clause 2 Social Security (Rates of Accom­ modation Supplement) Order 1996 (SR 1996/129) by substituting “125”, “95”, “75”, “100”, “75”, “55”, “80”, “60”, “45”, “125”, “95”, “75”, “100”, “75”, “55”, “80”, “60”, and “45” for “115”, “85”, “70”, “85”, “65”, “50”, “70”, “60”, “45”, “115”, “85”, “70”, “85”, “65”, “50”, “70”, “60”, and “45”.
Part 2 was amended, as from 1 October 1996, by section 3 Social Security Amendment Act (No 5) 1996 (1996 No 155) by substituting “Area 1” for “Auckland”, and “Area 2” for “Wellington”.

Clause 1 was amended, as from 1 July 1997, by section 3 Social Security Amendment Act 1997 (1997 No 21) by substituting “70”, “$150”, and “$100” for “65”, “$125”, and “$95” respectively.
Clause 1(a) was amended, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51) by substituting “$225” for the expression “$150”.

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Clause 1(b) was amended, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51) by substituting “$165” for the expression “$100”.

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Clause 1(c) was substituted, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Clause 1(d) was inserted, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51).

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Clause 1 was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “person who has 1 or more dependent children and who is married or in a civil union” for “married person with dependent children”.

Clause 1 was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.
Clause 2 was amended, as from 1 July 1997, by section 3 Social Security Amendment Act 1997 (1997 No 21) by substituting “70” and “$115” for “65”, “$100” respectively.

470 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 18 2—continued Clause 2 was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “person who has no dependent children and who is married or in a civil union” for “married person without dependent children”.
Clause 2 was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.

Clause 2(a) was amended, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51) by substituting “$160” for the expression “$115”.
See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.

Clause 2(b) was amended, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51) by substituting “$125” for the expression “$75”.
See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.

Clause 2(c) was substituted, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.

Clause 2(d) was inserted, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51).
See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.

Clause 3 was amended, as from 1 July 1997, by section 3 Social Security Amendment Act 1997 (1997 No 21) by substituting “70”, “$100”, and “$65” for “65”, “$80”, and “$60” respectively.
Clause 3(a) was amended, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51) by substituting “$145” for the expression “$100”.

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Clause 3(b) was amended, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51) by substituting “$100” for the expression “$65”.

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Clause 3(b) was amended, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51) by substituting “$100” for the expression “$65”.
See section 20(2) of that Act as to the amending provision being 471 Schedule 18 Social Security Act 1964 Reprinted as at 19 December 2007 2—continued subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Clause 3(c) was substituted, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Clause 3(d) was inserted, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51).

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Clause 4 was amended, as from 1 July 1997, by section 3 Social Security Amendment Act 1997 (1997 No 21) by substituting “70”, “$150”, and “$100” for “65”, “$125”, and “$95” respectively.

Clause 4 was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.
Clause 4(a) was amended, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51) by substituting “$225” for the expression “$150”.

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Clause 4(b) was amended, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51) by substituting “$165” for the expression “$100”.

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Clause 4(c) was substituted, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Clause 4(d) was inserted, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51).

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Clause 4 was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “person who has 1 or more dependent children and who is married or in a civil union” for “married person with dependent children”.
472 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 18 2—continued Clause 5 was amended, as from 1 July 1997, by section 3 Social Security Amendment Act 1997 (1997 No 21) by substituting “70”, and “$115” for “65”, and “$100” re­ spectively.

Clause 5(a) was amended, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51) by substituting “$160” for the expression “$115”.
See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.

Clause 5 was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.
Clause 5(b) was amended, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51) by substituting “$125” for the expression “$75”.

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Clause 5(c) was substituted, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Clause 5(d) was inserted, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51).

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Clause 5 was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “person who has no dependent children and who is married or in a civil union” for “married person without dependent children”.

Clause 6 was amended, as from 1 July 1997, by section 3 Social Security Amendment Act 1997 (1997 No 21) by substituting “70”, “$100” and “$65” for “65”, “$80”, and “$60” respectively.
Clause 6(a) was amended, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51) by substituting “$145” for the expression “$100”.

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
Clause 6(b) was amended, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51) by substituting “$100” for the expression “$65”.

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional provisions.
473 Schedule 18 Social Security Act 1964 Reprinted as at 19 December 2007 2—continued Clause 6(c) was substituted, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.
See sections 23 to 25 of that Act as to the transitional provisions.

Clause 6(d) was inserted, as from 1 April 2005, by section 20(1) Social Security (Work­ ing for Families) Amendment Act 2004 (2004 No 51).

See section 20(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.
See sections 23 to 25 of that Act as to the transitional provisions.

3 Average regional rental [Repealed] Part 3 was amended, as from 1 April 1994, by regulation 4 Social Security (Rates of Beneﬁts and Allowances) Order 1994 (SR 1994/38).

Part 3 of Schedule 18 was amended, as from 16 January 1995, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 1995 (SR 1995/51) by substituting “112”, “110”, “88”, “155”, “142”, and “119” for “108”, “106”, “86”, “152”, “137”, and “116” respectively.
Part 3 of Schedule 18 was amended, as from 1 April 1996, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 1996 (SR 1996/49) by sub­ stituting “126”, “113”, “92”, “173”, “146” and “126” for “112”, “110”, “88”, “155”, “142” and “119” respectively.
Part 3 of Schedule 18 was amended, as from 1 April 1997, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1997 (SR 1997/36) by substituting “144”, “120”, “94”, “194”, “148” and “129” for “126”, “113”, “92”, “173”, “146”, “126” respectively.
Part 3 of Schedule 18 was amended, as from 1 April 1998, by clause 5 Social Se­ curity (Rates of Beneﬁts and Allowances) Order 1998 (SR 1998/34) by substi­ tuting “146.00”, “202.00”, “153.00” and “131.00” for “144.00”, “194.00”, “148.00” and “129.00”.
Part 3 of Schedule 18 was amended, as from 1 April 1999, by clause 4 So­ cial Security (Rates of Beneﬁts and Allowances) Order 1999 (SR 1999/58) by substituting “140.00”, “117.00”, “89.00”, “190.00”, “151.00”, and “127.00” for “146.00”, “120.00”, “94.00”, “202.00”, “153.00”, and “131.00” respect­ ively.
Part 3 of Schedule 18 was amended, as from 1 April 2000, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2000 (SR 2000/41) by sub­ stituting “138.00”, “88.00”, “189.00”, and “153.00” for “140.00”, “89.00”, “190.00”, and “151.00”, respectively.

Part 3 of Schedule 18 was repealed, as from 17 November 2000, by section 7(2) Housing Restructuring (Income­Related Rents) Amendment Act 2000 474 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 19 3—continued (2000 No 22).
See clause 2 Housing Restructuring (Income­Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).

4 Maximum additional amount payable to a beneﬁciary resident in an institution or home [Repealed] Part 4 was repealed, as from 1 July 1995, by section 28(1) Social Security Amendment Act (No 4).
Schedule 19 Rates of child disability allowance and disability allowance Section 39B, 69C Schedule 19 was substituted, as from 7 November 1984, by section 4(1) Social Security Amendment Act (No 2) 1984 (1984 No 19).

Schedule 19 was substituted, as from 6 November 1985, by section 25(1) Social Security Amendment Act (No 2) 1985 (1985 No 159).

1.

Rate of child disability allowance $39.47 a week.

2.

Maximum rate of disability allowance under section 69C(1) $52.38 a week.

3.
3.

Rate of special disability allowance under section 69C(5) $32.69 a week.

Schedule 19 was amended, as from 1 April 1992, by clause 2 Social Security (Rates of Beneﬁts and Allowances) Order 1992 (1992 No 57) by substituting the amounts in column 2.

Schedule 19 was amended, as from 1 April 1993, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1993 (1993 No 67) by substituting the amounts in column 2.
Schedule 19 was amended, as from 1 April 1994, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1994 (SR 1994/38) by substituting the amounts in column 2.

Schedule 19 was amended, as from 1 April 1995, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1995 (SR 1995/51) by substituting the amounts in column 2.
475 Schedule 19 Social Security Act 1964 Reprinted as at 19 December 2007 Schedule 19 was amended, as from 1 April 1996, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1996 (SR 1996/49) by substituting the amounts in column 2.

Schedule 19 was amended, as from 1 April 1997, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1997 (SR 1997/36).
Schedule 19 was amended, as from 1 April 1998, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 1998 (SR 1998/34) by substituting “32.58”, “43.23” and “26.98” for “32.31”, “42.87” and “26.76” respectively.

Schedule 19 was amended, as from 1 September 1998, by section 12(4)(d) Social Se­ curity Amendment Act 1998 (1998 No 19) by substituting “child disability allowance” for “handicapped child’s allowance”.
Schedule 19 was amended, as from 1 April 1999, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1999 (SR 1999/58) by substituting “32.70”, “43.39”, and “27.08” for “32.58”, “43.23”, and “26.98” respectively.

Schedule 19 was amended, as from 1 April 2000, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2000 (SR 2000/41) by substituting “32.87”, “43.61”, and “27.22” for “32.70”, “43.39”, and “27.08”, respectively.
Schedule 19 was amended, as from 1 April 2001, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2001 (SR 2001/24) by substituting “34.18”, “45.35”, and “28.30” for “32.87”, “43.61”, and “27.22”, respectively.

Schedule 19 was amended, as from 1 April 2002, clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2002 (SR 2002/53) by substituting “34.80”, “46.18”, and “28.82” for “34.18”, “45.35”, and “28.30” respectively.
Schedule 19: clauses 1 to 3 were amended, as from 1 April 2003, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2003 (SR 2003/44) by substituting “35.75”, “47.44”, and “29.60” for “34.80”, “46.18”, and “28.82”, respectively.

Schedule 19: clauses 1 to 3 were amended, as from 1 April 2004, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2004 (SR 2004/52) by substituting “36.30”, “48.18”, and “30.06” for “35.75”, “47.44” and “29.60”, respectively.
Schedule 19: clauses 1 to 3 were amended, as from 1 April 2005, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2005 (SR 2005/42) by substituting “37.28”, “49.48”, and “30.87” for “36.30”, “48.18”, and “30.06”, respectively.

Schedule 19: clauses 1 to 3 were amended, as from 1 April 2006, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2006 (SR 2006/44) by substituting “38.46”, “51.04”, and “31.85” for “37.28”, “49.48”, and “30.87”, respectively.
Schedule 19: clauses 1 to 3 were amended, as from 1 April 2007, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2007 (SR 2007/60) by substituting “39.47”, “52.38”, and “32.69” for “38.46”, “51.04”, and “31.85”, respectively.
476 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 22 Schedule 20 Rates of contribution by liable parents to cost of domestic purposes beneﬁt [Repealed] Section 27N(1) Schedule 20 was substituted, as from 23 June 1987, by section 29(1) Social Security Amendment Act 1987 (1987 No 106).

Schedule 20 was repealed, as from 1 July 1992, by section 13(1) Social Security Amendment Act (No 5) 1991 (1991 No 143).
21 [Repealed] Schedule 21 was inserted, as from 21 November 1984, by section 12 Social Security Amendment Act 1984 (1984 No 8).

Schedule 21 was repealed, as from 1 October 1986, by section 17(1)(b) Social Security Amendment Act 1986 (1986 No 39).

See section 17(2) of that Act for the transitional provisions.
[Repealed] Schedule 22 Rates of beneﬁts payable to long­term hospital patients Section 75(3), (4) Schedule 22 was inserted, as from 6 November 1985, by section 27(1) Social Security Amendment Act (No 2) 1985 (1985 No 159).

$32.69 a week.

1.
$32.69 a week.

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 receipt of New Zealand superannuation under Part An amount which, after income tax is deducted pursuant to tax code G (as speciﬁed in section 477 Schedule 22 Social Security Act 1964 Reprinted as at 19 December 2007 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) 1 of the Social Welfare (Transitional Provisions) Act 1990 $32.69 a week.

NC 8 of the Income Tax Act 2004) is equal to $32.69 a week.
Schedule 22 was amended, as from 1 April 1986, by clause 2 Social Security (Rates of Beneﬁts) Order 1990 (SR 1986/140) by increasing the beneﬁt from “$15” to “$16”.

Schedule 22 was amended, as from 1 April 1987, by clause 3 Social Security (Rates of Beneﬁts) Order (No 2) 1987 (SR 1987/130) by increasing the beneﬁt from “$16” to “$17”.

Schedule 22 was amended, as from 1 April 1988, by clause 2 Social Security (Rates of Beneﬁts) Order 1988 (SR 1988/159) by increasing the beneﬁt to “$21.22”.
Schedule 22 was amended, as from 1 April 1989, by regulation 2 Social Security (Rates of Beneﬁts and Rate of Allowance) Order 1989 (SR 1989/107) by increasing the beneﬁt to “$22.00”.

Schedule 22 was amended, as from 1 April 1990, by clause 2 Social Security (Rates of Beneﬁts) Order 1990 (SR 1990/64) by increasing the beneﬁt to “$23.50”.
Schedule 22 was amended, as from 1 April 1992, by clause 2 Social Security (Rates of Beneﬁts) Order 1992 (SR 1992/57) by increasing the beneﬁt to “$24.00” Schedule 22 was amended, as from 1 April 1993, by clause 2 Social Security (Rates of Beneﬁts) Order 1993 (SR 1993/67) by increasing the beneﬁt to “$2” Clause 1, column 1, was amended, as from 1 April 1994, by section 5 Social Wel­ fare (Transitional Provisions) Amendment Act (No 2) 1993 by substituting “(other than New Zealand superannuation, a veteran’s pension, an orphan’s beneﬁt, or an unsup­ ported child’s beneﬁt)” for “(other than national superannuation, a family beneﬁt, or an orphan’s beneﬁt) under Part I of this Act”.
Clause 2 was amended, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 by substituting “New Zealand superannuation under Part 1 of the Social Welfare (Transitional Provisions) Act 1990” for “national superannuation under Part 1 of this Act”.

Clause 2, column 2, was amended, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 by substituting “$24.66” for “$24.32”.
This schedule was amended, as from 1 April 1995, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1995 (SR 1995/51) by substituting “$25.35” for “$24.66”.

478 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 22 Clause 2 was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “section NC 8 of the Income Tax Act 1994” for “section 344 of the Income Tax Act 1976”.
Schedule 22 was amended, as from 1 April 1996, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1996 (SR 1996/49) by substituting “26.09” for “25.35”.

Schedule 22 was amended, as from 1 April 1997, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1997 (SR 1997/36) by substituting “26.76” for “26.09”.
Schedule 22 was amended, as from 1 April 1998, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 1998 (SR 1998/34) by substituting “26.98” for “26.76”.

Schedule 22 was amended, as from 1 April 1999, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1999 (SR 1999/58) by substituting “27.08” for “26.98”.

Schedule 22 was amended, as from 1 April 2000, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2000 (SR 2000/41) by substituting “27.22” for “27.08”.
Schedule 22 was amended, as from 1 April 2001, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2001 (SR 2001/24) by substituting “28.30” for “27.22”.

Schedule 22 was amended, as from 1 April 2002, clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2002 (SR 2002/53) by substituting “28.82” for “28.30”.
Schedule 22: clause 1 was amended, as from 1 April 2003, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2003 (SR 2003/44) by substituting “29.60” for “28.82”.

Schedule 22: clause 1 was amended, as from 1 April 2004, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2004 (SR 2004/52) by substituting “30.06” for “29.60”.
Schedule 22: clause 1 was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “person without dependent children who is married or in a civil union, or a single” for “married person with no dependent children, or an unmarried”.

Schedule 22: clause 1 was amended, as from 1 April 2005, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2005 (SR 2005/42) by substituting “30.87” for the expression “30.06”.
Schedule 22: clause 1 was amended, as from 1 April 2006, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2006 (SR 2006/44) by substituting “31.85” for “30.87”.

Schedule 22: clause 1 was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.
Schedule 22: clause 1 was amended, as from 1 April 2007, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2007 (SR 2007/60) by substituting “32.69” for “31.85”.

479 Schedule 23 Social Security Act 1964 Reprinted as at 19 December 2007 Schedule 22: clause 2 was amended, as from 1 April 2003, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2003 (SR 2003/44) by substituting “29.60” for “28.82”.
Schedule 22: clause 2 was amended, as from 1 April 2004, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2004 (SR 2004/52) by substituting “30.06” for “29.60”.

Schedule 22: clause 2 was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2005 No 35) by substituting “Income Tax Act 2004” for “Income Tax Act 1994”.
Schedule 22: clause 2 was amended, as from 1 April 2005, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2005 (SR 2005/42) by substituting “30.87” for “30.06”.

Schedule 22: clause 2 was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “person without dependent children who is married or in a civil union, or a single” for “married person with no dependent children, or an unmarried”.
Schedule 22: clause 2 was amended, as from 1 April 2006, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2006 (SR 2006/44) by substituting “31.85” for “30.87”.

Schedule 22: clause 2 was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.
Schedule 22: clause 2 was amended, as from 1 April 2007, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2007 (SR 2007/60) by substituting “32.69” for “31.85”.

Schedule 23 Transition to work allowance [Repealed] Section 69D Schedule 23 was inserted, as from 1 April 1990, by section 19(1) Social Security Amendment Act 1986 (1986 No 39).
Paragraph (a) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “section NC 8 of the Income Tax Act 1994” for “section 344 of the Income Tax Act 1976”.

Schedule 23 was repealed, as from 1 July 1996, by section 32(2) Social Security Amendment Act 1996 (1996 No 20).

See subsection (4) of that section as to the transitional provisions.
480 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 26 24 [Repealed] Schedule 24 was inserted, as from 1 April 1989, by section 29(2) Finance Act 1989 (1989 No 13).

Schedule 24 was repealed, as from 1 April 1990, by section 14(18) Social Wel­ fare (Transitional Provisions) Act 1990 (1990 No 26).

[Repealed] Schedule 25 Rate of telephone­service­rental allowance [Repealed] Section 69A Schedule 25 was inserted, as from 1 April 1989, by section 34(2) Finance Act 1989 (1989 No 13).
Schedule 25 was repealed, as from 1 April 1991, by section 24(1) Social Secur­ ity Amendment Act 1991 (1991 No 1).

Schedule 26 Rates of independent youth beneﬁts Section 60G Schedule 26 was inserted, as from 1 December 1990, by section 23(1) Social Security Amendment Act (No 2) 1990 (1990 No 74) 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 3.
To any other beneﬁciary who is married or in a civil union or in a de facto relationship and $148.73 a week, subject to Income Test 3.

$148.73 a week, subject to Income Test 4.

$148.73 a week, subject to Income Test 3.

Schedule 26 was amended, as from 1 April 1991, by section 37(1) Social Security Amendment Act 1991 (1991 No 1).

Schedule 26 was amended, as from 1 April 1992, by clause 2 Social Security (Rates of Beneﬁts) Order 1992 (SR 1992/57).
Schedule 26 was amended, as from 1 April 1993, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1993 (SR 1993/67).

481 Schedule 26 Social Security Act 1964 Reprinted as at 19 December 2007 Schedule 26 was amended, as from 1 April 1994, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1994 (SR 1994/38).

Schedule 26 was amended, as from 1 April 1995, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1995 (SR 1995/51).
Schedule 26 was amended, as from 1 April 1996, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1996 (SR 1996/49).

Schedule 26 was substituted, as from 1 July 1996, by section 39 Social Security Amend­ ment Act 1996 (1996 No 20).

Schedule 26 was amended, as from 1 April 1997, by regulation 3 Social Security (Rates of Beneﬁts and Allowances) Order 1997 (SR 1997/36).
Schedule 26 was amended, as from 1 April 1998, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 1998 (SR 1998/34) by substituting “122.78” for the expression “121.77”.

Schedule 26 was amended, as from 1 April 1999, by clause 3 Social Security (Rates of Beneﬁts and Allowances) Order 1999 (SR 1999/58) by substituting “123.23” for the expression “122.78”.
Schedule 26 was amended, as from 1 April 2000, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2000 (SR 2000/41) by substituting “123.86” for the expression “123.23”.

Schedule 26 was amended, as from 1 April 2001, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2001 (SR 2001/24) by substituting “128.79”.

for the expression “123.86”.


Schedule 26: clauses 1 to 3 were amended, as from 1 April 2002, clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2002 (SR 2002/53) by substituting “131.13”.

for the expression “128.79”.

Schedule 26: clauses 1 to 3 were amended, as from 1 April 2003, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2003 (SR 2003/44) by substituting “134.70” for the expression “131.13”.
Schedule 26: clauses 1 to 3 were amended, as from 1 April 2004, by clause 5 Social Security (Rates of Beneﬁts and Allowances) Order 2004 (SR 2004/52) by substituting “136.79”, “136.79”, and “136.79” for “134.70”, “134.70”, and “134.70”.

Schedule 26: clauses 1 to 3 were amended, as from 1 April 2005, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2005 (SR 2005/42) by substituting “140.48” for the expression “136.79”.
Schedule 26: clause 1 was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “a single” for “an unmarried”.

Schedule 26: clause 2 was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “beneﬁciary who is married or in a civil union and” for “married beneﬁciary”.
Schedule 26: clause 2 was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.

Schedule 26: clause 3 was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “beneﬁciary who is married or in a civil union” for “married beneﬁciary”.
482 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 27 Schedule 26: clauses 1 to 3 were amended, as from 1 April 2006, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2006 (SR 2006/44) by substituting “144.92” for the expression “140.48”.

Schedule 26: clauses 2 and 3 were amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.
Schedule 26: clauses 1 to 3 were amended, as from 1 April 2007, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2007 (SR 2007/60) by substituting “148.73” for “144.92”, respectively.

Schedule 27 Means assessment under Part 4 s 136 Schedule 27 was inserted, as from 30 June 1993, by section 35 Social Security Amendment Act (No 3) 1993 (1993 No 57).
Part 1: clause 1 was amended, as from 1 December 1998, by clause 2(a) Social Security (Asset Limits) Order 1998 (SR 1998/309) by substituting “15,000” for the expression “6,500”.

Part 1: clause 1 was amended, as from 26 April 2005, by section 3 Social Se­ curity Amendment Act 2005 (2005 No 21) by substituting “a single” for “an unmarried”.
Part 1: clause 2 was amended, as from 1 December 1998, by clause 2(b) Social Security (Asset Limits) Order 1998 (SR 1998/309) by substituting “30,000” for the expression “13,000”.

Part 1: clause 2 was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by substituting “couple who are married or in a civil union” for “married couple”.
Part 1: clause 3 was amended, as from 8 March 1994, by regulation 3 Social Security (Disability Services ­ Financial Assessment) Regulations 1994 (SR 1994/32) by substituting “$40,000” for the expression “$20,000”.

Part 1: clause 3 was amended, as from 1 December 1998, by clause 2(c) Social Security (Asset Limits) Order 1998 (SR 1998/309) by substituting “45,000” for the expression “40,000”.
Part 1: clause 3 was amended, as from 26 April 2005, by section 3 Social Secur­ ity Amendment Act 2005 (2005 No 21) by substituting “couple who are married or in a civil union” for “married couple”.

Part 1 clause 4 was inserted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).

See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance.
See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.

Part 2: the heading was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

483 Schedule 27 Social Security Act 1964 Reprinted as at 19 December 2007 Part 2: clauses 1 to 3 were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.
Schedule 27 was substituted, as from 1 July 2005, by section 6 Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sec­ tions 7 to 11 of that Act for the transitional provisions.

1 Applicable asset thresholds Applicable asset thresholds The table set out in subclause (2) lists the applicable asset thresholds that apply annually from 1 July 2005.
In the table— (a) Column A applies to every resident assessed as requiring care— (i) (ii) whose spouse or partner is also a resident who has no spouse or partner; or assessed as requiring care; or (iii) whose spouse or partner is not a resident assessed as requiring care but who has elected, under clause 2, to have Column A apply to him or her rather than Column B ; and Column B applies to every resident assessed as requiring care— (i) whose spouse or partner is not a resident assessed as requiring care; and (ii) who has not elected, under clause 2, to have Column A apply to him or her.
(b) Year Column A Column B $ 1 July 2005 to 30 June 2006 150,000 1 July 2006 to 30 June 2007 160,000 1 July 2007 to 30 June 2008 170,000 1 July 2008 to 30 June 2009 180,000 $ 55,000 65,000 75,000 85,000 1 (1) (2) 484 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 27 1—continued Year Column A Column B 1 July 2009 to 30 June 2010 190,000 95,000 1 July 2010 to 30 June 2011 200,000 105,000 1 July 2011 to 30 June 2012 210,000 115,000 1 July 2012 to 30 June 2013 220,000 125,000 1 July 2013 to 30 June 2014 230,000 135,000 1 July 2014 to 30 June 2015 240,000 145,000 1 July 2015 to 30 June 2016 250,000 155,000 1 July 2016 to 30 June 2017 260,000 165,000 1 July 2017 to 30 June 2018 270,000 175,000 1 July 2018 to 30 June 2019 280,000 185,000 1 July 2019 to 30 June 2020 290,000 195,000 1 July 2020 to 30 June 2021 300,000 205,000 1 July 2021 to 30 June 2022 310,000 215,000 1 July 2022 to 30 June 2023 320,000 225,000 1 July 2023 to 30 June 2024 330,000 235,000 1 July 2024 to 30 June 2025 340,000 245,000 1 July 2025 to 30 June 2026 350,000 255,000 2 Certain residents may elect which threshold to apply A resident assessed as requiring care whose spouse or partner is not a resident assessed as requiring care may elect to have Column A of the table in clause 1 apply to him or her instead of having Column B of the table in clause 1 apply.
485 Schedule 27 Social Security Act 1964 Reprinted as at 19 December 2007 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).
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: (c) (b) assets: this deﬁnition was amended, as from 22 November 2006, by section 20 Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67) by substituting “assessed” for “tested”.
assets: paragraph (c) of this deﬁnition was repealed, as from 22 November 2006, by section 20 Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).
3 4 486 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 27 2—continued exempt assets, in relation to the person being means tested, means— (a) (b) (c) (d) (e) (ea) any interest in a residential dwelling that is the principal residence of the person’s spouse or partner or a depend­ ent child of the person; but this exemption does not ap­ ply to a person who has made an election under clause 2: any interest in one 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 pre­paid 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 Injury Prevention, Rehabilitation, and Compensation Act 2001, or a lump sum payment of an independence allowance under Part 13 of the Accident Insurance Act 1998 or Part 4 of Schedule 1 of that Act; but this exemp­ tion applies only in the ﬁrst 12 months after the payment is made: in, any contributions to, or any member’s interest any KiwiSaver scheme that is registered under the KiwiSaver Act 2006, except the
 following: (i) money withdrawn from such a scheme: (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: 487 Schedule 27 Social Security Act 1964 Reprinted as at 19 December 2007 2—continued (f) 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.
exempt assets: paragraph (ea) of this deﬁnition was inserted, as from 1 Decem­ ber 2006, by section 231 KiwiSaver Act 2006 (2006 No 40).

See section 232 of that Act as to the transitional provision requiring all KiwiSaver contributions to be paid to the Commissioner in the ﬁrst 3 months.

See clause 2(2) KiwiSaver Act Commencement Order 2006 (SR 2006/357).
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): (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) 488 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 27 3—continued (h) (i) (j) (k) any clothing allowance payable to the person under regulations made under section 155: the income­from­assets 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: paragraph (a) of this deﬁnition was amended, as from 22 November 2006, by section 20 Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67) by substituting “or” for “and”.
income: paragraph (c) of this deﬁnition was substituted, as from 22 November 2006, by section 20 Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).

income: paragraph (d) of this deﬁnition was substituted, as from 22 November 2006, by section 20 Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).
income: paragraph (e) of this deﬁnition was repealed, as from 22 November 2006, by section 20 Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).

income: paragraph (i) of this deﬁnition was amended, as from 22 November 2006, by section 20 Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67) by omitting “, and the income­from­assets exemption of the person’s spouse or partner”.
income­from­assets 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) $826, if the person is single; or $1,651, if the person’s spouse or partner is a resident assessed as requiring care; or $2,477 if the person’s spouse or partner is not a resident assessed as requiring care (c) income­from­assets exemption: this deﬁnition was amended, as from 1 July 2006, by regulation 5 Social Security (Long­term Residential Care) Amendment Regulations 2006 (SR 2006/47) by substituting “$805” for “$780”.
income­from­assets exemption: this deﬁnition was substituted, as from 22 November 2006, by section 19(1) Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).
489 Schedule 27 Social Security Act 1964 Reprinted as at 19 December 2007 3—continued income­from­assets exemption: paragraph (a) of this deﬁnition was amended, as from 1 July 2007, by regulation 3(a) Social Security (Long­term Residen­ tial Care) Amendment Regulations (No 3) 2007 (SR 2007/134) by substituting “$826” for “$805”.
income­from­assets exemption: paragraph (b) of this deﬁnition was amended, as from 1 July 2007, by regulation 3(b) Social Security (Long­term Residen­ tial Care) Amendment Regulations (No 3) 2007 (SR 2007/134) by substituting “$1,651” for “$1,610”.

income­from­assets exemption: paragraph (c) of this deﬁnition was amended, as from 1 July 2007, by regulation 3(c) Social Security (Long­term Residen­ tial Care) Amendment Regulations (No 3) 2007 (SR 2007/134) by substituting “$2,477” for “$2,415”.
personal allowance[Repealed] personal allowance: this deﬁnition was repealed, as from 22 November 2006, by section 20 Social Security (Long­term Residential Care) Amendment Act 2006 (2006 No 67).

[Repealed] 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).

Clause 8 was amended, as from 22 November 2006, by section 20 Social Se­ curity (Long­term Residential Care) Amendment Act 2006 (2006 No 67) by adding “(as deﬁned in section 136)”.
6 7 8 490 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 28 Schedule 28 Period of beneﬁt stand down Section 80BA Schedule 28 was inserted, as from 1 July 1997, by section 42 Social Security Amendment Act 1996 (1996 No 20).

The stand down period for a beneﬁt to which section 80BA of this Act 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 plus $80 for each dependent child 1 week (b) (c) (d) (e) (f) (g) (h) (i) (j) In any other case— 2.

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) (c) (d) (e) 491 Schedule 28 Social Security Act 1964 Reprinted as at 19 December 2007 (f) (g) (h) (i) (j) In any other case— 2 weeks 3.
In clauses 1 and 2 to this Schedule, 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.

Schedule 28 was amended, as from 1 April 2005, by section 20(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51) by substituting “$80” for the expression “$50” wherever it appears.
See section 20(2) of that Act as to the amend­ ing provision being subject to any Order in Council made under section 61H of this Act amending 1 or more of the schedules referred to in subsection (1) of that Act that comes into force on 1 April 2005.

See sections 23 to 25 of that Act as to the transitional pro­ visions.

Clause 1 was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “person who is married or in a civil union” for “married person”.
Clause 1 was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.

Clause (1)(b) to (i) was repealed, as from 2 July 2007, by section 16(1)(a) Social Se­ curity Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.
Clause (1)(j) was amended, as from 2 July 2007, by section 16(1)(b) Social Security Amendment Act 2007 (2007 No 20) by substituting “2” for “10”.

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

Clause 2 was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “a single” for “an unmarried”.
Clause (2)(b) to (i) was repealed, as from 2 July 2007, by section 16(2)(a) Social Se­ curity Amendment Act 2007 (2007 No 20).

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.

Clause (2)(j) was amended, as from 2 July 2007, by section 16(2)(b) Social Security Amendment Act 2007 (2007 No 20) by substituting “2” for “10”.

See section 20 of that Act for transitional arrangements for ﬁnancially disadvantaged people.
492 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 30 Section 10(1A) Schedule 29 Powers, functions, and discretions of the Director­General that may be delegated to the chief executive of the Department of Labour [Repealed] Schedule 29 was inserted, as from 1 July 1997, by section 43 Social Security Amendment Act 1996 (1996 No 20).

The item relating to section 60HCA was inserted, as from 1 July 1997, by sec­ tion 5 Social Security Amendment Act (No 2) 1997 (1997 No 22).
Schedule 29 was repealed, as from 1 October 1998, by section 11 Employment Services and Income Support (integrated Administration) Act 1998 (1998 No 96).

Schedule 30 Method of calculating ability to make payments towards costs of home­based disability support services under section 69fa Section 69FA Schedule 30 was inserted, as from 17 September 1997, by section 29 Social Security Amendment Act (No 4) 1997.
Schedule 30 was amended, as from 1 October 1998, pursuant to section 11 Em­ ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96), by substituting “chief executive” for “Director­General” wher­ ever it appears.
In this Schedule, speciﬁed outgoings, in relation to any per­ son, means the annual total of— (a) 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: 1 (c) (b) An amount of $10 per week (for the purpose of paying costs incidental to the provision of home help): The following employment­related 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: 493 Schedule 30 Social Security Act 1964 Reprinted as at 19 December 2007 Contributions to any superannuation scheme: (ii) (iii) Contributions to any employee welfare fund: (iv) 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: The person’s accommodation costs (within the meaning of section 61E): The person’s telephone rental (being the standard line charge and base user charge including hire of a basic telephone applicable to a person living in the place where the person lives), calculated on an annual basis: 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.
(d) (e) (f) (g) Clause 1(c)(i) was substituted, as from 2 October 2000, by section 240 Employ­ ment Relations Act 2000 (2000 No 24).

Clause 1(c) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.

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.
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 home­based disability support services supplied to that person as $0.
If the result of the calculation speciﬁed in clause 2 is greater than $0 but less than the total cost of the home­based 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.
2 3 4 494 5 6 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 31 If the result of the calculation speciﬁed in clause 2 is equal to or greater than the total cost of the home­based 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.

The chief executive must convert an assessment made under clauses 3 to 5 to a weekly amount.
Schedule 31 ss 61DB, 61DD, 61EA(3), 69C(1), 124(1A) Asset and income limits that may be applied to certain assistance Schedule 31 was inserted, as from 1 April 2005, by section 22(1) Social Se­ curity (Working for Families) Amendment Act 2004 (2004 No 51).

See section 22(2) of that Act as to the amending provision being subject to any Order in Council made under section 61H of this Act amending Schedule 31 that comes into force on 1 April 2005.
See sections 23 to 25 of that Act as to the transitional provisions.
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 $892.69 $1487.46 For a sole parent with 1 dependent child $1172.13 For any other sole parent $1259.12 495 Schedule 31 Social Security Act 1964 Reprinted as at 19 December 2007 Part 2 Per week Income limits For a single person aged 16 or 17 years without dependent children For any other 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 Per week $407.75 $468.64 $680.66 $568.66 $599.11 Part 3 Per week Disability allowance income limits For a single person aged 16 or 17 years without dependent children For any other 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 Per week $440.65 $510.01 $742.05 $614.57 $647.48 Schedule 31: clauses 1 to 14 were amended, as from 1 April 2005, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2005 (SR 2005/42) by substituting “843.17”, “1404.94”, “1107.11”, “1189.27”, “385.13”, “442.64”, “642.90”, “537.12”, “565.88”, “416.21”, “478.37”, “694.81”, “580.48”, and “611.56” for “821”, “1,368”, “1,078”, “1,158”, “375”, “431”,
 “626”, “523”, “551”, “405.27”, “465.79”, “686.54”, “565.22”, and “598.48”, respectively.
496 Reprinted as at 19 December 2007 Social Security Act 1964 Schedule 31 Part 3—continued Schedule 31: clauses 2, 7, and 12 were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “person who is married or in a civil union” for “married person”.
Schedule 31: clauses 1 to 14 were amended, as from 1 April 2006, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2006 (SR 2006/44) by substituting “869.81”, “1449.34”, “1142.09”, “1226.85”, “397.30”, “456.63”, “663.22”, “554.09”, “583.76”, “429.36”, “493.49”, “716.77”, “598.82”, and “630.89” for “843.17”, “1404.94”, “1107.11”, “1189.27”, “385.13”, “442.64”, “642.90”, “537.12”, “565.88”, “416.21”, “478.37”, “694.81”, “580.48”, and “611.56”, respectively.
Schedule 31: clauses 2, 7, and 12 were amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “civil union”.
Schedule 31: clauses 1 to 14 were amended, as from 1 April 2007, by clause 4 Social Security (Rates of Beneﬁts and Allowances) Order 2007 (SR 2007/60) by substituting “892.69”, “1487.46”, “1172.13”, “1259.12”, “407.75”, “468.64”, “680.66”, “568.66”, “599.11”, “440.65”, “506.47”, “735.62”, “614.57”, and “647.48” for “869.81”, “1449.34”, “1142.09”, “1226.85”, “397.30”, “456.63”, “663.22”, “554.09”, “583.76”, “429.36”, “493.49”, “716.77”, “598.82”, and “630.89”, respectively.
Schedule 31: clauses 11 and 12 were amended, as from 1 April 2007, by clause 6(1) and (2) Social Security (Rates of Beneﬁts and Allowances) Order 2007 (SR 2007/60) by substituting “510.01” and “742.05” for “506.47” and “735.62”, respectively.

497 Notes Social Security Act 1964 Reprinted as at 19 December 2007 Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) General This is an eprint of the Social Security Act 1964.
It incorporates all the amendments to the Social Security Act 1964 as at 19 December 2007.

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 are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.
For more information about ofﬁcialisation, please see "Making online legislation ofﬁcial" under "Status of legislation on this site" in the About section of this website.

List of amendments incorporated in this eprint (most recent ﬁrst) Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109): section 300 Sentencing Amendment Act 2007 (2007 No 27): section 58 Social Security Amendment Act 2007 (2007 No 20) Notes 1 2 3 498