Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698831606249.pdf (New Zealand)
Social Security Amendment Act (No 4) 1997 Public Act Date of assent 1997 No 63 16 September 1997 Contents Title Short Title and commencement Interpretation Review of decisions [Repealed] Power to obtain information New sections inserted Right of appeal Procedure on appeal Effect of deduction notices Rates of invalids’ beneﬁts Right of appeal on medical grounds New sections substituted 60A 60AA Training beneﬁts: qualiﬁcations Period for which training beneﬁt payable New sections substituted Independent youth beneﬁts: basic qualiﬁcations 60F 60FA Independent youth beneﬁts: unmarried persons 60FB Independent youth beneﬁts: married persons 60FC Independent youth beneﬁts: persons enrolled in full­time course of secondary instruction 60FD Independent youth beneﬁts: persons incapacitated Training beneﬁts: purpose for work through sickness or accident Page Social Security Amendment Act (No 4) 1997 1997 No 63 Accommodation supplement Special beneﬁt Conjugal status for beneﬁt purposes Special provisions applying to insurance payments Disability allowance Financial means assessments for home­based disability support services Commencement and payment of beneﬁts Payment of beneﬁts Recovery of payments made in excess of authorised rates Deduction notices for debts Money payable out of Crown Bank Account Certain grounds of discrimination in Human Rights Act 1993 not to apply Offences Regulations
 exempting income and assets from assessment of ﬁnancial means of people requiring certain disability services Schedule 18 amended New Schedule 30 added Consequential amendments Schedule New Schedule 30 of principal Act 9 10 10 10 10 10 10 11 11 11 11 12 12 12 12 12 12 12 An Act to amend the Social Security Act 1964 BE IT ENACTED by the Parliament of New Zealand as follows: Short Title and commencement This Act may be cited as the Social Security Amendment Act (No 4) 1997, and is part of the Social Security Act 1964 (“the principal Act”).
This Act comes into force on the day after the date on which it receives the Royal assent, except for sections 9, 11, 13, 14, 15, 18, 20(1), 28, and 30.

1 (1) (2) 2 1997 No 63 Social Security Amendment Act (No 4) 1997 s 6 2 (1) (2) (3) (4) 3 4 (1) (2) (3) (4) (5) (6) 5 Interpretation This subsection substituted para (c) of the deﬁnition of the term income in s 3(1) of the principal Act.
This subsection inserted subparas (xiii) to (xv) in para (f) of the deﬁnition of the term income in s 3(1) of the principal Act.

This subsection amended the deﬁnition of the term pay day in s 3(1) of the principal Act by inserting the words “or date”.

This subsection inserted the deﬁnition of the term Residential care services in s 3(1) of the principal Act.

Review of decisions [Repealed] Section 3 was repealed by section 8(3) Social Welfare (Transitional Provisions Amendment Act 2000 (2000 No 88).
Power to obtain information This subsection amended section 11(1) of the principal Act.

This subsection inserted s 11(2)(da) of the principal Act.

This subsection amended s 11(3) of the principal Act.

This subsection substituted s 11(4) of the principal Act.

This subsection amended s 11(6) of the principal Act.

This subsection repealed s 11(7) of the principal Act.

New sections inserted This section inserted ss 11B and 11C of the principal Act.
6 (1) Right of appeal This subsection substituted s 12J(1) of the principal Act.

(2) (a) (b) (c) This paragraph amended s 12J(2) of the principal Act.

This paragraph amended s 12J(2)(c) of the principal Act.

This paragraph inserted s 12J(2)(d) and (e) of the prin­ cipal Act.

(3) (4) Section 12J of the principal Act is amended by repealing sub­ section (3).
The following enactments are repealed: 3 s 7 Social Security Amendment Act (No 4) 1997 1997 No 63 (a) (b) (c) (d) (e) (f) Section 3 of the Social Security Amendment Act 1976: Section 7 of the Social Security Amendment Act 1987: Sections 14(4) and 38(1)(a) of the Social Welfare (Transitional Provisions) Act 1990: Section 5 of the Social Security Amendment Act (No 5) 1991: Section 4(1) of the Social Security Amendment Act (No 3) 1993: So much of the Schedule of the Social Security Amendment Act (No 3) 1996 as relates to section 12J(1)(b) of the principal Act.
Procedure on appeal This subsection substituted s 12K(1) of the principal Act, and inserted s 12K(1A) to (1C).

This subsection amended s 12K(11) of the principal Act.

The provisions of sections 12K, 12M, 12O, and 12P of the principal Act apply, without modiﬁcation (except for the new subsection (1C) substituted by subsection (1)), to every appeal under section 12J of the principal Act that was lodged, and has not been dealt with, before this section comes into force.
Section 10(3) of the Finance Act 1987 is consequentially re­ pealed.

Effect of deduction notices This section amended s 27Z(2A) of the principal Act (as saved by section 256(1)(a) of the Child Support Act 1991).

Rates of invalids’ beneﬁts This subsection inserted s 42(2) of the principal Act.

This section is deemed to have come into force on 1 July 1995.
Right of appeal on medical grounds Section 53A(1) of the principal Act (as inserted by section 13 of the Social Security Amendment Act 1986) is amended— This paragraph inserted s 53A(1)(ba) of the principal (a) Act.

7 (1) (2) (3) (4) 8 9 (1) (2) 10 (1) 4 1997 No 63 Social Security Amendment Act (No 4) 1997 s 11 (b) This paragraph amended s 53A(1)(d) of the principal Act.

This paragraph inserted s 53A(1)(e) of the principal Act.

This paragraph amended s 53A(1) of the principal Act.


(c) (d) (e) This subsection inserted s 53A(3) of the principal Act.
New sections substituted The principal Act is amended by repealing section 60A (as inserted by section 33(1) of the Finance Act 1989 and amended by section 13 of the Social Security Amendment Act 1996), and substituting the following sections: (2) 11 (1) “60A Training beneﬁts: purpose The purpose of the training beneﬁt is to provide assistance to unemployed persons to enable them to undertake employ­ ment­related training that will enhance their prospects of ob­ taining employment.
“60AA Training beneﬁts: qualiﬁcations “(1) The basic qualiﬁcations for entitlement to a training beneﬁt are in subsection (2).

The qualiﬁcations for an unmarried person are in subsection (3) and the qualiﬁcations for a married person are in subsection (4).
“(2) The basic qualiﬁcations for entitlement to a training beneﬁt are that a person— “(a) Is unemployed (but his or her entitlement may be af­ fected by subsection (6)); and Is not a full­time student; and “(b) “(c) Has resided continuously in New Zealand for not less “(d) than 12 months at any time; and Is engaged full­time in an employment­related training programme approved by the Director­General for the purposes of this section.
“(3) An unmarried person is entitled to a training beneﬁt if— “(a) Subsection (2) applies to him or her; and “(b) He or she is 18 years or over.

“(4) A married person is entitled to a training beneﬁt if— “(a) Subsection (2) applies to him or her; and 5 s 12 Social Security Amendment Act (No 4) 1997 1997 No 63 “(b) Either— “(i) He or she is 16 years or 17 years and has a de­ pendent child or dependent children; or “(ii) He or she is 18 years or over.
“(5) The entitlement to a training beneﬁt of a person referred to in section 60KA(1) is affected by section 60KA(2).
“(6) A person is not entitled to a training beneﬁt if he or she— “(a) Has— “(i) Become unemployed; or “(ii) Taken leave with or without pay from his or her usual employment; and “(b) Has done so, in the Director­General’s opinion, in order to undertake employment­related training.” The entitlement to a training beneﬁt of a person who, imme­ diately before 1 January 1998,— (a) Was 16 years or 17 years; and (b) Was receiving a training beneﬁt— is determined by the law in force immediately before 1 January 1998.
Section 60C(1) of the principal Act is amended by omitting the expression “section 60A of this Act”, and substituting the expression “section 60AA”.

The following enactments are repealed: (a) (b) Section 13 of the Social Security Amendment Act 1996: Section 5 of the Social Security Amendment Act (No 3) 1997.

(2) (3) (4) (5) This section comes into force on 1 January 1998.

Period for which training beneﬁt payable This section amended s 60C(1) of the principal Act.
New sections substituted The principal Act is amended by repealing section 60F (as in­ serted by section 17(1) of the Social Security Amendment Act (No 2) 1990 and amended by section 15 of the Social Secur­ ity Amendment Act 1996), and substituting the following sec­ tions: 12 13 (1) 6 1997 No 63 Social Security Amendment Act (No 4) 1997 s 13 “60F Independent youth beneﬁts: basic qualiﬁcations “(1) The basic qualiﬁcations for entitlement to an independent youth beneﬁt are in subsection (2).
The qualiﬁcations for an unmarried person are in section 60FA and the qualiﬁcations for a married person are in section 60FB.

“(2) 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) Has resided continuously in New Zealand for not less “(d) than 12 months at any time; and Is in 1 of the situations described in subsections (3) to (6).
“(3) The ﬁrst situation is that the person— “(a) “(b) Is unemployed (other than because of a strike either by the person or by fellow members of the same union at the same place of employment); and Is capable of undertaking suitable work and is willing to do so; and “(c) Complies with section 60HC (which relates to work “(d) testing); and Is not enrolled in a full­time course (as deﬁned in clause 2(1) of the Student Allowances Regulations 1991 (SR 1991/295)).
“(4) The second situation is that the person— “(a) “(b) 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)).

“(5) The third situation is that the person is engaged full­time in an employment­related training programme approved by the Director­General for the purposes of this section.
“(6) The fourth situation is that, through sickness or accident, the person— “(a) “(b) Will be incapacitated for work for an indeﬁnite period.
Is incapacitated for work temporarily; or 7 s 13 Social Security Amendment Act (No 4) 1997 1997 No 63 “60FA Independent youth beneﬁts: unmarried persons “(1) An unmarried person is entitled to an independent youth bene­ ﬁt if— “(a) Section 60F(2) applies to him or her; and “(b) He or she is in the following situation, established to the satisfaction of the Director­General: “(i) He or she is not living with his or her parents; and “(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— “(3) “(a) Because there has been a breakdown in the person’s relationship with his or her parents; or “(b) Because the person’s parents are absent and are unable to support the person ﬁnancially; or “(c) Any other good and sufﬁcient reason.

In this section, parents— “(a) Means the parents or guardian or other person who had the care of the person most recently before the person turned 16 years; but “(b) Does not include the Director­General acting in his or her ofﬁcial capacity.
“60FB Independent youth beneﬁts: married persons A married person is entitled to an independent youth beneﬁt if section 60F(2) applies to him or her.
“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 “(b) There is no breakdown in his or her relationship with his or her parents.
“(2) A person— 8 1997 No 63 Social Security Amendment Act (No 4) 1997 s 14 “(3) “(a) Entitled to receive an independent youth beneﬁt; and “(b) Enrolled in a full­time course of secondary instruction during the year in which he or she turns 18 years— continues to be entitled to receive the beneﬁt until 31 December 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 Director­General acting in his or her ofﬁcial capacity.
“60FD Independent youth beneﬁts: persons incapacitated for work through sickness or accident Section 56 (which relates to medical examinations of appli­ cants for sickness beneﬁts) applies to— “(a) An application for an independent youth beneﬁt on the ground described in section 60F(6); and (2) (3) “(b) A person in receipt of the beneﬁt on that ground,— as if its references to sickness beneﬁt were references to in­ dependent youth beneﬁt.” The entitlement to an independent youth beneﬁt of a person who was receiving the beneﬁt immediately before 1 January 1998 is determined by the law in force immediately before 1 January 1998.
The following enactments are repealed: (a) Section 8 of the Social Security Amendment Act (No 3) 1993: Section 15 of the Social Security Amendment Act 1996: Section 8 of the Social Security Amendment Act (No 3) 1997.

(b) (c) (4) This section comes into force on 1 January 1998.

14 Accommodation supplement (1) (a) This paragraph amended s 61EA(4)(d) of the principal Act.

9 s 15 Social Security Amendment Act (No 4) 1997 1997 No 63 (b) This paragraph inserted s 61EA(4)(e) of the principal Act.
(2) This section is deemed to have come into force on 1 July 1995.

Special beneﬁt This section inserted s 61G(2) of the principal Act.

This section is deemed to have come into force on 1 July 1995.

Conjugal status for beneﬁt purposes This section amended s 63 of the principal Act.

Special provisions applying to insurance payments This subsection amended s 68A(3) of the principal Act.

This subsection substituted s 68A(8) of the principal Act.
Disability allowance This subsection amended s 69C(1)(c) of the principal Act.

This subsection substituted s 69C(2) of the principal Act, and inserted s 69C(2A) and (2B).

This subsection inserted s 69C(6) to (8) of the principal Act.

Section 7(1) of the Social Security Amendment Act 1994 is consequentially repealed.

This section is deemed to have come into force on 1 July 1995.

Financial means assessments for home­based disability support services This section inserted s 69FA of the principal Act.
Commencement and payment of beneﬁts This subsection substituted s 80BA(4) of the principal Act.

Subsection (1) is deemed to have come into force on 1 April 1997.

The Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 is consequentially amended by repealing so much of Schedule 2 as relates to paragraph (b) of the proviso to sec­ tion 80(8) of the principal Act.
15 (1) (2) 16 17 (1) (2) 18 (1) (2) (3) (4) (5) 19 20 (1) (2) (3) 10 1997 No 63 Social Security Amendment Act (No 4) 1997 s 24 21 (1) (2) 22 (1) (2) 23 (1) (2) (3) Payment of beneﬁts This subsection amended s 82(1) of the principal Act.

This subsection amended s 82(6) of the principal Act.

Recovery of payments made in excess of authorised rates This subsection amended s 86(1C) of the principal Act.

This subsection inserted s 86(1D) of the principal Act.
Deduction notices for debts This subsection amended s 86A(1) of the principal Act.

This subsection inserted s 86A(1A) to (1C) of the principal Act.

Section 86A(1A) of the principal Act (as inserted by subsec­ tion (2)) applies to all debts to the Crown recoverable under the principal Act, whether or not the Limitation Act 1950 pre­ vented recovery of the debt by civil action in a court of law before the coming into force of this section.
24 Money payable out of Crown Bank Account (1) (2) (3) This subsection substituted s 124(1)(d) of the principal Act.

This subsection inserted s 124(1B) of the principal Act.

The following enactments are consequentially repealed: (a) Section 18(2) of the Department of Social Welfare Act 1971: Section 24 of the Social Security Amendment Act 1975: Section 34(1) of the Social Security Amendment Act 1976.
(b) (c) (4) It is declared that the Minister of Social Welfare or, as the case may require, the Minister of Social Security has always had the power under section 124(1)(d) of the principal Act to estab­ lish and approve any welfare programme for special assistance for the purposes of that section; and every such welfare pro­ gramme that has at any time been so approved, and any pay­ ments or grants of special assistance and actions taken under it, are conﬁrmed and declared to be and always to have been valid.
11 s 25 25 26 27 28 (1) (2) 29 30 (1) Social Security Amendment Act (No 4) 1997 1997 No 63 Certain grounds of discrimination in Human Rights Act 1993 not to apply This section inserted s 126B of the principal Act.

Offences This section amended s 127(e) of the principal Act.

Regulations exempting income and assets from assessment of ﬁnancial means of people requiring certain disability services This section inserted s 132D of the principal Act.
Schedule 18 amended This subsection repealed Part 4 of Schedule 18 of the principal Act.

This section is deemed to have come into force on 1 July 1995.

New Schedule 30 added This section inserted Schedule 30 of the principal Act.
Consequential amendments The Schedule of the Social Security Amendment Act (No 3) 1997 is amended by— (a) Omitting, from the item relating to section 69C(1)(a), the expression “section 60F(1)(c)(i)”, and substituting the expression “section 60F(6)”: (b) Omitting, from the item relating to section 71A, the ex­ pression “section 60F(1)(c)(i)”, and substituting the ex­ pression “section 60F(6)”: Omitting, from the item relating to section 72(b), the expression “section 60F(1)(c)(i)”, and substituting the expression “section 60F(6)”.
(c) (2) This section comes into force on 1 January 1998.

Schedule New Schedule 30 of principal Act Section 29 12