Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698832157770.pdf (New Zealand)
Social Security (Benefit Categories and Work Focus) Amendment Bill Government Bill Explanatory note General policy statement This Bill amends the Social Security Act 1964 (the Act).

It forms part of a package of reforms being introduced over 2 years that will fun- damentally shift the focus of the benefit system towards encouraging and supporting beneficiaries to move into paid work.

These reforms are a response to the review of the benefit system undertaken by the Welfare Working Group in 2010.
The changes also support the key result area of reducing long-term benefit dependency as part of the Government’s Better Public Services programme.
The objectives of this Bill are to reform New Zealand’s social secur- ity system so that it— • • • reduces benefit dependency: is work focused, and expects and rewards independence: supports an investment approach that focuses resources where they will be most effective: is able to work with a greater number of beneficiaries to sup- port them into work: reinforces social norms and improves social outcomes through the introduction of social obligations for parents, and encour- aging beneficiaries with warrants to arrest to clear them.
• • 67—1 2 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note • • • • Key changes to be made by the Bill include the following: • a new system of main benefits, to embed a work focus through- out the benefit system; and delivering a new approach to working with people in the bene- fit system who are either sick or disabled; and introducing drug testing requirements where a beneficiary is referred to a job or training programme where drug testing is a prerequisite, matched with financial sanctions for non-com- pliance; and using the welfare system to reinforce some important social norms relating to children’s education and health, through the use of obligations that beneficiaries with children must meet in order to continue receiving Government assistance; and stopping benefit payments to beneficiaries with a warrant to arrest that remains unresolved after 28 days from issue, pro- vided (except where public safety is at risk) the beneficiary is given appropriate notice and the opportunity to clear the war- rant to arrest.
The package of reforms in the Bill will improve social and economic outcomes for individuals, families, and the country, and will im- prove outcomes for children by helping more parents out of poverty through paid work and through improving participation in beneficial programmes such as Well Child and Early Childhood Education.
Context Alongside changes to legislative settings, Work and Income will be implementing a new investment approach to welfare and transform- ing service delivery to meet the intent of the reforms.

The investment approach will shift the focus of the benefit system towards better use of resources to reduce long-term benefit depend- ency.

It will require a different approach to working with benefi- ciaries based on their individual circumstances, supported by best available evidence.
By learning from what works and better focus- ing support to where it will have the most impact, this approach will reduce benefit dependency, improve a range of socio-economic out- comes, and reduce the long-term cost of the benefit system.
Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 3 Other non-legislative changes include the following: • a range of new assessment tools for gaining a better under- standing of people’s work ability: an additional financial incentive for sole parents with young children and those receiving the supported living payment if they take up work earlier than expectations require them to: a process of simplified access to the supported living payment for people with little or no work capacity, or those who are terminally ill, to ensure they can access support without the need for unnecessary assessment: a service delivery approach that would involve making better use of contracted service providers and drawing on the expert- ise of non-governmental organisations and the private sector to achieve employment outcomes for more people (supported by an amendment in the Bill setting out obligations to work with contracted service providers): working with a range of government agencies to improve out- comes, particularly for vulnerable children.
• • • • The first phase of work-focused welfare reform changes was changes made through the Social Security (Youth Support and Work Focus) Amendment Act 2012.

The changes to deliver the new youth service and new youth payments commenced in August 2012.

Young people are a group at risk of long-term benefit dependency and can have high long-term costs if they fail to achieve positive educational outcomes.

The service model for young people involves outcomes-based, third party contracted case management.
From 15 October 2012, the changes in that Act introduce new or ex- tended work availability or work preparation expectations for the do- mestic purposes benefit–sole parent, widow’s benefit, domestic pur- poses benefit–women alone, and for partners of beneficiaries.

The second and more substantial tranche of welfare reform changes are contained in this Bill and will be implemented from 15 July 2013.
Introduction of new benefit categories Central to reforms in this Bill is the introduction of 3 new bene- fits—jobseeker support, sole parent support, and supported living payment—to replace the 7 current categories of main benefit.
4 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note The new benefits recognise that most beneficiaries can and want to work, and the focus of the new categories is to set reasonable expec- tations for the majority of working-age beneficiaries to be available to take up work.

Reducing the number of categories also makes the system simpler, more transparent, and easier to understand.
• Jobseeker support The new jobseeker support benefit covers beneficiaries with a full- time work focus within a single benefit category with a set of rules that reinforce the work focus by requiring them to be actively seeking and available for work.
The new jobseeker support benefit will include all people who cur- rently receive— • • unemployment benefit, or sickness benefit; or domestic purposes benefit for solo parents whose youngest child is 14 years old or older; or widows benefit whose youngest child is 14 years old or older or who have no children; or domestic purposes benefit for women alone.

• All people on jobseeker support have work obligations based on their ability to work.
This is either a full-time work expectation or a part- time work expectation.

If a beneficiary is temporarily unable to work because they are sick or injured, some of their work obligation can be deferred for a period.

However, they will still have a base expectation to take reasonable steps to prepare for work, and may be directed to undertake specific activities.
Currently only a small proportion of beneficiaries that are either sick or injured are assessed as able to work, which is out of step with international evidence about the benefits of work for health, and the contribution that people can make with the right support.

Including people who would currently receive the sickness benefit within job- seeker support marks a fundamental shift in supporting beneficiaries who are sick or injured to take up or prepare for work.
Sole parent support Sole parent support will be available to sole parents and widows with a child younger than 14 years old.

They will have part-time work expectations if their youngest child is 5 years of age or older and work Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 5 preparation expectations if their youngest child is under the age of 5 years.
Where a sole parent has a subsequent child on benefit, their work expectations will be deferred for 12 months and will resume based on the age of the previous youngest dependent child.

invalid’s benefit; or domestic purposes benefit for care of sick or infirm.

Supported living payment The support living payment benefit will be for people who currently receive— • • Benefit eligibility for these groups will not be changed, and they will continue not to have work availability expectations.
Where capacity allows, work preparation expectations can be applied to recipients of this benefit.

Partners and spouses of main beneficiaries Expectations for partners and spouses of main beneficiaries are set based on the age of the youngest dependent child (if any).

Transition of current benefit recipients to new benefit categories On 15 July 2013, existing benefit recipients will automatically trans- fer to the appropriate corresponding new benefit.
Overall, eligibility for benefit assistance will not be affected by the introduction of the new benefit categories.

Benefit settings that support the focus on work To reinforce the focus on supporting beneficiaries to move into paid employment, the Bill introduces a suite of detailed rules for the new benefits that work collectively to create a much more active benefit system that encourages independence.
These include the following: aligning the current pre-benefit activity provisions with the • new benefit categories and expanding the range of benefit ap- plicants who can be required to undertake pre-benefit activ- ities.
Pre-benefit activities have a significant effect in reducing the number of people going on to receive a benefit: applying annual benefit expiry and reapplication provisions to all beneficiaries on jobseeker support with flexibility to apply • 6 • • • • • • Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note reapplication provisions to other types of benefits in the future.
Annual reapplications have proven very successful in reducing the number of unemployment benefit recipients by allowing Work and Income to look into the reasons why a beneficiary has remained on a benefit for an extended length of time, and what additional support is required to assist them to move off the benefit.
The details of the benefit expiry and reapplication process for future groups will be set out in regulations: simplifying rules for the commencement and ending of bene- fits: strengthening restrictions on when benefits (other than New Zealand superannuation and veterans’ pensions) can be paid to people while they are outside New Zealand, to ensure that beneficiaries meet their obligations and to improve the work focus of the benefit system.
Currently beneficiaries with work availability expectations cannot be paid a benefit while over- seas, unless an exception is granted for special circumstances.

This restriction will be extended to beneficiaries with a spe- cific work preparation requirement, and to people receiving an emergency benefit.
Special circumstances where this can be departed from will be set out in regulations: requiring all beneficiaries to inform Work and Income of any international travel plans to prevent their benefit being auto- matically suspended when they leave the country: extending the current provision that no person is eligible to be granted an unemployment benefit while studying full-time to all of jobseeker support will reinforce the strong full-time work focus of this benefit: cancellation of benefit and a 13-week stand down to any bene- ficiary who fails to accept an offer of suitable employment, regardless of the number of work test failures, to send a strong message to beneficiaries with work availability expectations that they are expected to accept any offer of suitable employ- ment.
Beneficiaries with children will not lose more than 50% of their benefit: providing Work and Income with the discretion to require people on the supported living payment to undertake certain to work preparation activities where they have capacity, Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 7 ensure there is some flexibility to require people to take steps to improve their work readiness.
Requirement for assessing a person’s work ability Extending the focus on work to a wider range of beneficiaries will mean that Work and Income will need to be able to obtain more in- formation about people to determine their work or work preparation expectations, the sort of work or activities they can do, and what sort of support they might need to get into work.

Assessments will be able to be undertaken by Work and Income or by a contracted provider.
Requirement to work with contracted service providers To allow access to a wider range of best practice services to improve work outcomes, the Bill includes provisions for Work and Income to require a person to work with a contracted service provider.

In all instances, Work and Income will retain responsibility for deci- sions relating to eligibility for benefits, setting obligations, and im- posing sanctions.
Drug testing Changes in this Bill give effect to the Government’s manifesto com- mitment to introduce pre-employment drug testing requirements for beneficiaries.

The requirements will apply where undertaking and passing a pre-employment drug test is required as part of a job appli- cation, or as part of a training programme to which beneficiaries are referred by Work and Income.
Making it clear that people should not be taking recreational drugs will reduce the incidence of people receiving income support actively undermining their job prospects through recreational drug use.

This will also address a barrier whereby employers may be reluctant to interview beneficiaries for drug-tested jobs due to a perception that they are more likely to fail drug tests.
Those people taking prescribed dosages of medications, or people addicted to or dependent on drugs, will not be affected by the policy.
Beneficiaries who fail a pre-employment or training programme drug test (or fail to apply for a drug-tested job they are referred to) without 8 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note good and sufficient reason will have their benefit sanctioned using the financial sanctions that apply for failing to meet other work expecta- tions.
In the first instance, their benefit will be cut by 50%, but they can re-comply with the obligation by agreeing to stop using drugs and receive their full benefit.

If they fail a drug testing obligation a second time within 12 months, they can re-comply by undertaking to pass a drug test within 30 days (to allow any drugs they have taken to leave their system).

Where they fail or refuse this test, their benefit will be cancelled with a stand down period of 13 weeks.
This will send a strong message to beneficiaries that recreational drug use is not an excuse for refusing to apply for jobs.

Sanctions for beneficiaries with children will never result in a loss of more than 50% of their benefit.

Employers will be reimbursed for the cost of failed drug tests for beneficiaries sent to them by Work and Income, which will be re- covered from the beneficiaries themselves (as will the cost of any re-compliance drug test).
Beneficiaries will not be referred to jobs with pre-employment drug tests if they are dependent on drugs or undergoing drug treatment.

Sanctioning these people for their drug use would be ineffective, as sanctions are about changing behaviour, but those dependent on drugs are generally unable to change their behaviour without sup- port.

Instead, people addicted to or dependent on drugs will be of- fered support to deal with their addiction.
Social obligations Amendments to introduce social obligations are the result of commit- ments, in both the Government’s manifesto and the Prime Minister’s Key Result Areas, to increase the following: • child enrolment at birth with a general practitioner (GP) or Well Child service, and immunisation rates; and participation in Early Childhood Education (ECE), particu- larly for Māori and Pacific children; and regular attendance at school; and • • the proportion of 18 year olds achieving level 2 NCEA.
This Bill establishes social obligations that beneficiaries with de- pendent children must meet in order to continue receiving Govern- ment assistance.

This will help to promote the take-up of Govern- • Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 9 • ment-funded programmes that support social objectives important to New Zealanders, and break intergenerational cycles of disadvantage and welfare receipt.

Four social obligations are introduced.


These require beneficiary par- ents to take all reasonable steps to have their dependent child: • aged 3 years or over, enrolled in and attending early childhood education until they start school; and enrolled in and attending school from age of 5 (or 6) years depending on when the child first starts school; and enrolled with a primary health care provider; and up-to-date with the core Well Child checks.
• • These obligations will apply universally to all beneficiaries with de- pendent children (including spouses or partners, if any).

The normal graduated financial sanction process will apply to bene- ficiary parents who fail to meet these expectations.

However, in the interests of their children, a financial sanction cannot be initiated un- less 3 stages of support contact have failed to encourage compliance.
Stopping benefit payments to beneficiaries with a warrant to arrest Changes in this Bill also give effect to the Government’s manifesto commitment to stop benefit payments for beneficiaries with a warrant to arrest in criminal proceedings, to prevent benefit income being used to help beneficiaries to evade the law.
Where a warrant to arrest has been issued to a beneficiary, after 28 days Work and Income will be able to initiate a process to stop payment of their benefit where a person does not clear the warrant.

The beneficiary will be given at least 10 days’ notice to challenge the notice or resolve the warrant.

A warrant to arrest can be resolved by making contact through a court or police station.

No more than 50% of benefit payments will be stopped for beneficiaries with dependent children.
Where the Police Commissioner notifies Work and Income that in the Commissioner’s opinion a beneficiary with a warrant to arrest poses a risk to public safety, benefit payments can be stopped immediately with no notification period or prior notice.

10 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note Some technical details will be set out in regulations on the imple- mentation and administration of the warrants to arrest policy.
Protecting benefit rates and abatement rules The Bill protects the higher benefit rates of current domestic purposes benefit–women alone and widow’s benefit recipients who do not have children when they transfer to jobseeker support on 15 July 2013.

As current recipients of these benefits move off welfare over time this rate differential will gradually work its way out of the system.
It also preserves the benefit abatement rules (ie, part-time abatement rules) that apply to current domestic purposes benefit for women alone recipients, widow’s benefit recipients, and sole parents after they are transferred to jobseeker support.

In addition, sole parents who transfer from sole parent support to jobseeker support when their youngest child turns 14, and new sole parent applicants for jobseeker support, will also have part-time abatement rules.
Procurement and disability allowance The Bill will allow the Ministry of Social Development to introduce preferred supplier arrangements for the procurement of goods and services for welfare recipients in certain circumstances, and will en- able the Government to better target disability allowance expend- iture.

These changes will improve value-for-money in social assist- ance expenditure.
Transitional arrangements A number of transitional arrangements are necessary to minimise the impact on current beneficiaries, including to— • • confer entitlements; and manage transfers under this Bill from existing benefits to new benefits including incomplete applications; and carry over current medical exemptions or deferrals; and preserve current appeals and reviews; and enable existing failures and sanctions to be carried forward.
• • • Specific transitional provisions include the following: • a one-off transitional arrangement to enable those beneficiar- ies on jobseeker support who have already started full-time Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 11 • study prior to 15 July 2013 (as appropriate under their current benefit), to complete their studies within a 2 year timeframe: discretion to allow benefits to be paid for overseas travel that was booked before 15 July 2013 during the transition to en- sure that beneficiaries who purchase tickets to travel overseas before the rules concerning overseas absence come into effect are not unexpectedly disadvantaged.
Implementation date The changes will generally come into effect on 15 July 2013.
Regulatory impact statements To help inform the main policy decisions taken by the Government relating to the contents of this Bill, the Ministry of Social Devel- opment produced the following 4 regulatory impact statements on the following dates: • Work Availability Expectations for Domestic Purposes and Widows Beneficiaries and Merging Benefit Categor- ies—15 September 2011: Phase 2 Welfare Reform (detailed changes)—27 July 2012: Warrants to Arrest—16 August 2012: Benefit rates and abatement rules—23 August 2012.
• • • The first of those 4 statements also supported policy decisions taken by the Government relating to the contents of the Bill enacted as the Social Security (Youth Support and Work Focus) Amendment Act 2012.
A copy of those 4 regulatory impact statements can be found at— • http://www.msd.govt.nz/about-msd-and-our-work/news- room/media-releases/2012/welfare-reform-announce- ment.html http://www.treasury.govt.nz/publications/informationre- leases/ris • Clause by clause analysis Clause 1 is the Title clause.

Clause 2 relates to commencement.

Most of the amendments in the Bill are to come into force on 15 July 2013.
But clauses 28, 38, 49, 12 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note 50, and 53 — on the use of the disability allowance to fund specified expenses, and preferred suppliers of goods or services for beneficiar- ies or others — come into force on the day after Royal assent.

Clause 3 identifies the principal Act amended: the Social Security Act 1964.
A reference in this analysis to a provision is, unless the context otherwise requires, a reference to a provision of that Act.

Part 1 Substantive amendments Overview Clause 4 gives an overview of Part 1.

Social obligations of certain beneficiaries with dependent children Clause 5 replaces section 1A(d).
Under new section 1A(d), the prin- cipal Act’s purpose includes to impose, on persons receiving certain financial support under the Act, social obligations relating to the edu- cation and primary health care of their dependent children.

Pre-benefit activities, couple rate and work-test couple rate, and ordinarily resident in New Zealand Clause 6 amends section 3.
The amendments to section 3(1)— • insert a new definition of the term main benefit under this Act (used in new section 11E(1)(b) inserted by clause 9): replace the term married rate with the term couple rate; and adjust the definition of ordinarily resident to make it clear that it relates only to residence in New Zealand; and replace the term work-test married rate with the term work-test couple rate.

• • • Part 2 contains related consequential amendments.
Status of examples Clause 7 inserts new section 3B to make clear the status of examples used in an enactment in or made under the principal Act.
Enactments Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 13 in or made under the principal Act, and that currently use examples, include the following: • section 11D(2)(b) (which relates to the application process for benefits): section 125D(1) (which relates to information-sharing in rela- tion to young persons): regulation 9B of the Social Security (Long-term Residential Care) Regulations 2005: regulation 13 of the Social Security (Temporary Additional Support) Regulations 2005.
• • • Ordinarily resident in New Zealand Clause 8 amends section 11D(9) so that it applies to a person ordin- arily resident (not just resident) in an overseas country.

Pre-benefit activities Clause 9 inserts new sections 11E to 11H, on pre-benefit activities.
New sections 11E to 11H follow closely and replace existing provi- sions (in the following sections) on pre-benefit activities for— • widows’ benefits (section 21A, as inserted on 15 October 2012 by section 35 of the Social Security (Youth Support and Work Focus) Amendment Act 2012, and replaced by clause 11): domestic purposes benefits (DPBs) under section 27B or 27C (section 27CA, as inserted on 15 October 2012 by section 38 of the Social Security (Youth Support and Work Focus) Amend- ment Act 2012, and replaced by clause 12): unemployment benefit (sections 96A and 96B, replaced by clause 40).
• • But new sections 11E to 11H apply to all applicants for jobseeker support, including applicants for jobseeker support on the ground of sickness, injury, or disability (which is the new benefit to which sickness beneficiaries are to be transferred).
New sections 11E to 11H also extend pre-benefit activities to— • • applicants for emergency benefits; and spouses or partners of applicants for jobseeker support, a sup- ported living payment on the grounds of sickness, injury, dis- ability, or total blindness, or an emergency benefit.
14 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note In addition, new section 11E(7) enables the chief executive to revoke a requirement that a person undertake a pre-benefit activity if the chief executive considers the requirement is no longer reasonable.
New sections 11G and 11H also change the consequences of a failure to undertake a required pre-benefit activity within the required time- frame, or a failure without a good and sufficient reason to comply with a requirement to attend and participate in an employment inter- view or to accept any offer of suitable employment.

Currently those consequences are for failure by the applicant only.

They are changed to extend them as well to failure by the applicant’s spouse or partner.
The changes ensure that,— • for a failure by the applicant, the consequences are lapse of the application for the benefit, refusal to grant the benefit, or ter- mination of a grant of the benefit already made to the person; and for a failure by the applicant’s spouse or partner, the con- sequences are that the applicant receives the specified bene- fit, and any specified supplementary assistance, at half of the otherwise applicable rate or rates.
• Part 2 contains consequential amendments relating to new sec- tions 11E to 11H.

Rights of appeal: work test obligations: drug testing obligations Clause 10 amends section 12J, on rights of appeal to the Social Se- curity Appeal Authority.

The amendment relates to decisions of the chief executive under new section 116C(2)(a) (inserted by clause 44).
Those decisions are ones to the effect that a beneficiary does not have a good and sufficient reason, on the grounds that the beneficiary is addicted to, or dependent on, controlled drugs, for either or both of the following: • not complying with a drug testing obligation under new sec- tion 102B(1) (inserted by clause 43): failing to apply for suitable employment that requires candi- dates to undertake drug tests.
• The amendment ensures that no appeal against those decisions lies under section 12J(1)(a) to the Authority if an appeal against them lies Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 15 under new section 10B (inserted by clause 56 and Part 1 of Sched- ule 2) to the medical board.
Sole parent support Clauses 11 and 12 ensure that new sections 20A to 20H, on the new benefit called sole parent support, replace— • sections 21, 21A (as inserted on 15 October 2012 by sec- tion 35 of the Social Security (Youth Support and Work Focus) Amendment Act 2012), and 24, on widows’ benefits; and sections 27A to 27D and 27H(1) and (2), on domestic purposes benefits for solo parents and for women alone.
• Women receiving the domestic purposes benefit for women alone under section 27C immediately before 15 July 2013 are on that date to be transferred to the new benefit called jobseeker support—see clause 9 of new Schedule 32 inserted by clause 132.
Supported living payment Clauses 13 to 19— • • repeal sections 27G and 27H(1B), on domestic purposes bene- fits for care at home of the sick or infirm: renumber and amend or, as the case may be, replace, sections 39F, 40, 42, 42A, 43, 44, and 44A, on invalids’ benefits.

These changes rename invalids’ benefits as a new benefit called the supported living payment.

Sections 39F, 40, 42, 42A, 43, 44, and 44A are renumbered and amended as or, as the case may be, replaced by, new sections 40A to 40K.
The supported living payment benefit may be granted— • on the grounds of sickness, injury, disability, or total blindness under new section 40B (which is section 40 as renumbered and amended); or on the grounds of caring for a patient requiring care, under new section 40D.

• Sections 40(1)(b) and 80(5)(ca)(i) contain the outdated terminology “disability from congenital defect”.
Clauses 15(6) and 85 replace that outdated terminology with substantively equivalent references to “disability existing from birth”.

16 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note Sickness benefit abolished Clause 20 repeals provisions related to the sickness benefit, which is to be abolished.
However,— • for the eligibility grounds in section 54(1)(a) and (b) sickness benefit become eligibility grounds under new sec- tion 88B(1)(b) and (c) for jobseeker support; and sickness beneficiaries will be transferred by transitional and savings provisions to jobseeker support on the ground of sick- ness, injury, or disability—see clause 7 of new Schedule 32 inserted by clause 132.
• The chief executive must, after granting a person jobseeker support after 14 July 2013 and on the ground of sickness, injury, or dis- ability, determine whether the person has, while receiving that bene- fit, capacity to seek, undertake, and be available for part-time work: new section 88F(2) inserted by clause 40.
If the chief executive de- termines that the person has capacity of that kind, the chief executive must by a written notice require the person to comply with the work test on and after a date specified in the notice: new section 88F(4).

The person is also for the principal Act’s purposes both a work-tested beneficiary and a part-time work-tested beneficiary—see the defi- nitions of those terms in section 3(1) as amended by clause 93(2) and (3).
Appeal rights are in new section 10B (re-enacting section 53A)—see clause 56 and Part 1 of Schedule 2.

Beneficiaries having additional dependent child: exempting people resident in certain overseas countries, and eligibility for sole parent support Clause 21 amends section 60GAE (as inserted on 15 October 2012 by section 39 of the Social Security (Youth Support and Work Fo- cus) Amendment Act 2012).
Section 60GAE relates to a person (the beneficiary parent) who (whether or not by having given birth) be- comes a caregiver, or the principal caregiver, of a dependent child (an additional dependent child) while the person is receiving a spe- cified benefit and is already a caregiver, or the principal caregiver, of a dependent child or children.
Section 60GAE requires an additional Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 17 dependent child aged 1 year old or over not to be included in the de- termination for the purposes of specified provisions of— • the age of the youngest dependent child of the beneficiary par- ent concerned; and whether the beneficiary parent concerned has a dependent child or children under 5 years or 14 years (and if so, how many).
• One amendment exempts a person from the additional dependent child requirements in section 60GAE.

The exemption operates at a time when— • • the person is ordinarily resident in an overseas country; and a reciprocity agreement or convention with the government of that overseas country is being given force and effect by an order under section 19(1) of the Social Welfare (Transitional Provisions) Act 1990.

A second amendment includes in those specified provisions new sec- tion 20D(1)(c).
The effect of the amendment is that an additional dependent child aged 1 year old or over is not included in the de- termination of those stated matters for the purposes of eligibility for sole parent support.

The third amendment inserts a new section 60GAE(3A), which varies section 60GAE(2) as applied to a determination of a specified kind of beneficiary’s eligibility for sole parent support.
The variation re- quires an additional dependent child of the beneficiary not to be in- cluded in the determination not merely once that child is aged 1 year old or over, but instead at all times after that child is born.
A benefi- ciary is of a specified kind if he or she is— • a beneficiary transferred to jobseeker support on 15 July 2013 by clause 2(9) of new Schedule 32 (inserted by clause 132); or a beneficiary whose sole parent support under new section 20D expired on the date that the beneficiary’s youngest dependent child turned 14 years old, and has been replaced with jobseeker support, under section 20H.
• Obligations to work with contracted service providers Clause 22 inserts new section 60GAG after section 60GAF (as inserted on 15 October 2012 by section 39 of the Social Security 18 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note (Youth Support and Work Focus) Amendment Act 2012).

New section 60GAG imposes on specified beneficiaries obligations to work with service providers contracted under section 125A (as amended by clause 51).
The chief executive must take reasonable and appropriate steps to make every person on whom obligations are imposed under new section 60GAG(1) aware of those obligations and the consequences of failure to comply with them.

The sanctions in section 117 must be imposed on a person on whom an obligation has been imposed under new section 60GAG(1) if the chief executive considers that the person has, without a good and sufficient reason, failed to comply with it: new section 116B (clause 44).
Work preparation exercise Clause 23 repeals section 60HA, on requests and obligations to par- ticipate in mandatory interviews or other work preparation exercises.

Obligations of a similar kind will be able to be placed on appropri- ate beneficiaries, and on their spouses or partners, under section 60Q (as replaced on 15 October 2012 by section 40 of the Social Security (Youth Support and Work Focus) Amendment Act 2012).
Certain obligations may be placed on beneficiaries and their spouses and partners Clause 24 amends section 60Q (as replaced on 15 October 2012 by section 40 of the Social Security (Youth Support and Work Focus) Amendment Act 2012).

Section 60Q places, or enables the placing, on beneficiaries and their spouses and partners, of obligations (in- cluding a general obligation to take all reasonably practicable steps to prepare for employment).
One amendment ensures that section 60Q applies to sole parents— with a dependent child under the age of 1 year; and • who are recipients of jobseeker support under new section 88B • instead of sole parent support under new section 20D solely because that child is an additional dependent child (within the meaning of section 60GAE(1) (as inserted on 15 October 2012 by section 39 of the Social Security (Youth Support and Work Focus) Amendment Act 2012)).
Sole parents of that kind may also apply for a deferral of their work test obligations, under new section 88H(1) inserted by clause 40.
Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 19 Other amendments ensure that section 60Q also applies to— • recipients of a benefit under new section 40B (supported living payment on the grounds of sickness, injury, disability, or total blindness) if the chief executive is satisfied that they have the capacity to comply with obligations under section 60Q(3)—see also the related new section 40F inserted by clause 16: recipients of a benefit under new section 40D (supported living payment on the grounds of caring for a patient requiring care) if the chief executive is satisfied that they have the capacity to comply with only requirements under section 60Q(3), as they are excepted from section 60Q(2) (which imposes a general obligation to take all reasonably practicable steps to prepare for employment)—see also the related new section 40H in- serted by clause 16: a person who is a work-tested beneficiary, and has been granted under new section 88I a deferral of the person’s work test obligations.
• • The final amendment inserts new section 60Q(3)(aa) and (ab), which enable the chief executive to require a person to whom section 60Q applies to do either or both of the following: • attend and participate in an interview with an officer of the department or other person on behalf of the chief executive: report to the department or to any other person acting on be- half of the chief executive on the person’s compliance with the person’s obligations under section 60Q as often as, and in the manner that, the chief executive reasonably requires.
• Social obligations of certain beneficiaries with dependent children Clause 25 inserts new sections 60RA to 60RC.

New section 60RA(1) indicates whether a beneficiary has social obli- gations (relating to the beneficiary’s dependent children) under new section 60RA(3).
New section 60RA applies to a person if the per- son— • • is a person with 1 or more dependent children; and is receiving (either as the person granted the benefit, or as the spouse or partner of the person granted the benefit) a benefit 20 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note that is jobseeker support, sole parent support, a supported liv- ing payment, or an emergency benefit.
New section 60RA(3) ensures the person has these social obligations: to take all reasonable steps to ensure that every dependent • child aged 3 years or more but less than 6 years and who is not enrolled at and regularly attending a registered school (as defined in section 2(1) of the Education Act 1989) is— • enrolled in an approved early childhood education pro- gramme (as defined for the purposes of new section 60RA(3) in childcare assistance regulations made under section 132AC); and attending that programme to the minimum extent pre- scribed, and otherwise in the manner prescribed, for the purposes of this subparagraph by regulations made under section 132; and • • • • • to take all reasonable steps to ensure that every dependent child aged 6 years or more but less than 16 years, or aged 5 years or more but less than 6 years and who is not enrolled in and regularly attending an approved early childhood educa- tion programme, is (except insofar as the child is aged 6 years or more and is excepted or exempted from the requirements of sections 20 and 25 of the Education Act 1989)— • enrolled at a registered school (as defined in section 2(1) of that Act); and • regularly attending that registered school; and to take all reasonable steps to ensure that every dependent child is enrolled with a primary health care provider (for example, a primary health organisation, an integrated family health centre, or a medical practitioner whose scope of prac- tice is or includes general practice); and to take all
 reasonable steps to ensure that every dependent child under the age of 5 years is up to date with checks under the Well Child programme or any similar programme estab- lished in its place; and when required by the chief executive, to attend and participate in any interview with an officer of the department or other person on behalf of the chief executive; and Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 21 • when required by the chief executive, to report to the depart- ment or to any other person acting on behalf of the chief ex- ecutive on the person’s compliance with the person’s social obligations as often as, and in the manner that, the chief ex- ecutive reasonably requires.
New section 60RB requires the chief executive to take reasonable and appropriate steps to make every beneficiary who has social obliga- tions under new section 60RA(3) aware of— • social obligations under new sec- the beneficiary’s tion 60RA(3); and the consequences of failure to comply with them.

• New section 60RC relates to sanctions for failures to comply with social obligations.
New section 60RC(1) ensures that a beneficiary who fails without good and sufficient reason to comply with a social obligation is, ex- cept as provided in new section 60RC(2) and (3), subject to the sanc- tions in section 117.

New section 60RC(2) relates to a beneficiary’s failure to comply with a social obligation relating to specified dependent children being en- rolled at and regularly attending a registered school.
It ensures that the failure cannot be the subject of sanctions under section 117 if it is also the subject of a prosecution commenced against the benefi- ciary, and not withdrawn before it is finally determined, for an of- fence against section 24(1) (failure to enrol) or section 29(1) (irregu- lar attendance) of the Education Act 1989.
New section 60RC(3) prevents the chief executive from giving the beneficiary a notice under section 113, and imposing a sanction under section 117, for a failure to comply with a social obligation unless the chief executive is first satisfied that, on at least 3 previous occasions, the department has had communication (of any kind, and in any man- ner) with the beneficiary in respect of the beneficiary’s compliance with, or an actual or potential failure of the beneficiary to comply with, any social obligation of the beneficiary.
New section 60RC(4) to (6) relate to a beneficiary on whom sanc- tions in section 117 have been imposed in respect of a failure by the beneficiary without good and sufficient reason to comply with a so- cial obligation.
They enable chief executive to give the beneficiary a notice (to be delivered in accordance with section 86J) to the ef- 22 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note fect that the department is to intensify its case management support in respect of the beneficiary.

A beneficiary to whom a notice of that kind is in that manner delivered must, when required by the chief ex- ecutive, attend and participate in any interview with an officer of the department.
Clause 26 inserts a new section 61AA on the social obligations under new section 60RA(3) of a person receiving an emergency benefit.
Clause 27 amends section 61A(1A)(a), which enables the chief ex- ecutive, by notice in writing, to require the spouse or partner of a person granted an emergency benefit at a work-test married rate to comply with the work test if the chief executive is satisfied that it is appropriate and reasonable to require that spouse or partner to seek, undertake, and be available for part-time work, in the case of a spouse or partner whose youngest dependent child is aged 6 or older but under 18 years.
The amendment replaces “aged 6” with “aged 5”.

Clause 27 also amends section 61A so that it refers to the social obli- gations under new section 60RA(3) of a person with 1 or more de- pendent children, and who is receiving an emergency benefit as the spouse or partner of another person granted that benefit.

Disability allowance: preferred supplier and funding of specified expenses Clause 28 amends section 69C, on the disability allowance.
Clause 28(1) and (2) relocate qualifying words at the start of sec- tion 69C(1) into a new section 69C(1A).

New section 69C(1A) also requires the chief executive’s discretion under section 69C(1) to grant a disability allowance to be exercised in accordance with regulations (on use of the allowance to fund specified expenses) under new sec- tion 132AD (inserted by clause 53).

Clause 28(3) inserts new section 69C(7A) to (7D).
New section 69C(7A) applies to a person if— • any additional expenses arising from a disability relate to the supply of any goods or services to the person or a member of the person’s family; and all or a specified part of a disability allowance is granted in respect of the supply of the goods or services, and is not under section 82(3) wholly directed to be paid for any other purpose; and • Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 23 • the goods or services are of a class, description, or kind sup- plied by a preferred supplier under a contract entered into with the chief executive under new section 125AA (inserted by clause 50).
• New section 69C(7B) ensures, if new section 69C(7A) applies to a person, that— • the person must buy the goods or services from a preferred supplier nominated in writing by the chief executive at the price determined by the contract under new section 125AA with that supplier; and the chief executive must pay all, or the specified part, of the disability allowance that is granted in respect of the goods or services to that supplier in consideration of the supply of the goods or services to the person or the person’s family member.
However, if the disability allowance granted to the person to whom new section 69C(7A) applies is granted at the maximum appropriate rate specified in Schedule 19, new section 69C(7C) empowers the chief executive, in the chief executive’s discretion, to determine in writing that, despite new section 69C(7B),— • all, or the specified part, of the disability allowance that is granted in respect of the supply of the goods or services must be paid to the person for use only to purchase any 1 or more of the goods or services in respect of the supply of which the disability allowance is granted; and if the goods or services that the person purchases (using all, or the specified part, of the disability allowance paid to the per- son) are goods or services supplied by the nominated preferred supplier under the contract entered into with the chief execu- tive under new section 125AA, then the person must purchase them from that supplier at the price determined by that con- tract.
• New section 69C(7D) ensures, by analogy with section 82(4) (which prevents appeals against determinations about the manner and place of payments), that no appeal under the principal Act lies against any chief executive’s decision under new section 69(7B) or (7C).
24 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note Residential requirements for certain benefits: people ordinarily resident overseas Clause 29 amends section 74AA, which specifies residential require- ments for certain benefits.
The amendments ensure the requirement for 2 years’ continuous residence in New Zealand will apply to a person who is ordinarily resident in an overseas country a reciproc- ity agreement or convention with the government of which is being given force and effect by an order under section 19(1) of the Social Welfare (Transitional Provisions) Act 1990.
The 2 years’ continuous residence will have to be at any one time, but may be before the person applies for the specified benefit, or before a decision on his or her claim for the benefit is made under section 12.

The reciprocity agreement or convention may contain provisions to the effect that years of continuous contributions to the social security system of the overseas country are, for the purposes of entitlements to the specified benefits, to be treated as years of continuous residence in New Zealand.
Effect on benefit of warrant to arrest beneficiary Clause 30 inserts new section 75B, on the effect on a benefit of a war- rant to arrest a beneficiary.
New section 75B applies, in accordance with new section 75B(1), to a beneficiary who is not a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989) if the chief executive is satisfied (based on infor- mation available to the chief executive) that— • criminal proceedings have been commenced against the bene- ficiary in a New Zealand court for an offence (other than an offence of a class, description, or kind excluded from the op- eration of new section 75B(1)(a) by regulations made under new section 132L (inserted by clause 54); and a New Zealand court has in, or in connection with, those crim- inal proceedings, issued a warrant for the beneficiary’s arrest; and at least 28 days have elapsed since the date on which the war- rant was issued.
• • Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 25 New section 75B(2) provides for the chief executive to give the bene- ficiary a notice (to be delivered in accordance with section 86J) that— allows a period of 10 working days within which the bene- • ficiary may dispute that he or she is the person to whom the warrant to arrest applies or take steps to resolve the warrant; and specifies the steps that the beneficiary may take to dispute that he or she is the person to whom the warrant to arrest applies or to resolve the warrant; and specifies the consequences of the beneficiary’s not resolving the warrant within that 10-working-day period.
• • New section 75B(3) applies to the beneficiary unless, at the end of the reasonable period specified in the notice, the chief executive is satisfied (based on evidence provided by the beneficiary, or other in- formation available to the chief executive, or both) of 1 of the fol- lowing: • that the beneficiary is not the person to whom the warrant ap- plies; or that the warrant has been resolved.
• New section 75B(4) ensures that the benefit of a beneficiary to whom new section 75B(3) applies is not payable until the chief executive is satisfied (based on information provided by the beneficiary, other- wise available to the chief executive, or both) of 1 of the following: that the beneficiary is not the person to whom the warrant ap- • plies; or that the warrant has been resolved.
• New section 75B(5) enables the chief executive to suspend immedi- ately the benefit of a beneficiary to whom new section 75B(1)(a) and (b) apply if satisfied that— • the department has received from the New Zealand Police a written request to suspend the beneficiary’s benefit on the ground that the Commissioner of Police on reasonable grounds considers the beneficiary to be a risk to public safety; and that request is signed by the Commissioner of Police or a con- stable who is of or above the level of position of inspector.
• New section 75B(6) requires the chief executive, as soon as is rea- sonably practicable after a suspension under new section 75B(5), to 26 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note give the beneficiary a notice (to be delivered in accordance with sec- tion 86J) that— • • communicates the fact of, and reason for, the suspension; and specifies the steps that the beneficiary may take to dispute that he or she is the person to whom the warrant applies or to re- solve the warrant.
New section 75B(7) ensures sections 80C, 120, and 121 (on how sanctions affect entitlements to supplementary benefits, affect spouses or partners, and affect sole parents’ benefits) apply to a benefit that is not payable under new section 75B(4), or that is suspended under new section 75B(5), as if the benefit had been suspended under section 117.
When beneficiaries can be paid benefit while overseas, and suspensions of benefits based on discrepancies arising from departure information Clause 31 amends section 77, which relates to the effect on bene- fit entitlements of a beneficiary’s absence from New Zealand.
The amendments— • ensure beneficiaries with work preparation expectations (other than the base expectations of taking reasonable steps to im- prove work readiness) under section 60Q(3), or in receipt of an emergency benefit, are not generally allowed to receive a benefit while overseas, but also that the chief executive has a discretion to allow a benefit to be payable in respect of an ab- sence from New Zealand—new section 77(2A) and (3): provide for the criteria to be complied with before the chief ex- ecutive may, in the chief executive’s discretion, allow a benefit of a kind specified in new section 77(2A) to be paid in respect of an absence from New Zealand, to be specified in regulations made under section 132—new section 77(3): limit the absences in respect of which a benefit is or may be payable under new section 77(2) or (3) (if the chief executive is satisfied that the relevant specified criteria are complied with) generally to 1 or more absences from New Zealand equal to or shorter than 4 weeks in total in any 52-week period: if satisfied that exceptional empower the chief executive, circumstances (as defined for the purposes of new sec- • • • Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 27 • • • • tion 77(3AA) by regulations made under section 132) apply to or in respect of a beneficiary, and in the chief executive’s discretion, to determine that a benefit may be paid under new section 77(2) or (3) in respect of 1 or more absences of the beneficiary from New
 Zealand longer than 4 weeks in total in any 52-week period—new section 77(3AA): allow beneficiaries to be paid the supported living payment benefit on the grounds of sickness, injury, disability, or total blindness while overseas for up to 6 weeks if their absence overseas is for the sole or predominant purpose of competing in any overseas multinational or international Special Olympic or Paralympic Games competition—new section 77(3A): prevent a beneficiary from having any entitlement under new section
 77(2), (3), (3AA), or (3A) or section 77(4) to be paid a benefit while overseas unless that beneficiary has notified the department, before that absence, of the beneficiary’s forth- coming absence—new section 77(6): ensure, if the beneficiary after departing from New Zealand notifies the beneficiary’s current absence from New Zealand, that the beneficiary’s entitlement under new section 77(2), (3), (3AA), or (3A) or section 77(4) to be paid a benefit while over- seas (if the beneficiary is otherwise qualified to be paid that benefit) usually commences no earlier than the date of the no- tification—new section 77(7): enable the chief executive, in his or her discretion, to author- ise the beneficiary’s entitlement under new section 77(2), (3), (3AA), (3A) or section 77(4) to commence on or after the bene- ficiary’s departure, despite new section 77(6) and (7), if the chief executive is satisfied that— • the beneficiary’s failure to notify an officer of the de- partment, before that absence, of the beneficiary’s forth- coming absence is justified for 1 or more good and suf- ficient humanitarian reasons; and the beneficiary after departing from New Zealand no- tified an officer of the department of the beneficiary’s current absence from New Zealand as soon as was rea- sonably practicable in the circumstances: • 28 • Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note ensure that nothing in new section 77(2) to (8) applies to New Zealand superannuation, veterans’ pensions, or entitlements under reciprocity agreements with other countries—new sec- tion 77(9).
Clause 32 amends the Privacy Act 1993.

Section 103(1A) of that Act enables the department responsible for the principal Act’s adminis- tration to suspend immediately without prior notice a specified bene- fit of an individual on the basis of a discrepancy arising in respect of departure information supplied to that department pursuant to sec- tion 280 of the Customs and Excise Act 1996.
But the department must, immediately after the decision to suspend, give the individual written notice specifying particulars of the discrepancy and the sus- pension of benefit, and stating that the individual has 5 working days from the receipt of the notice to show cause why the benefit ought not to have been suspended.
The written notice must also specify any other adverse action the department proposes to take, and state that the individual has 5 working days from the receipt of the no- tice to show cause why the other adverse action should not be taken.

The other adverse action must not be taken until the expiration of those 5 working days.
Section 103(1A) of the Privacy Act 1993 is amended— • to update references to benefits under the principal Act that are abolished and replaced with new benefits or renamed: to remove references to abolished training benefits, and abol- ished job search allowances: to add references to young parent payments and youth pay- ments under Part 5 of the principal Act (as inserted on 20 Au- gust 2012 by sections 2(1) and 24 of the Social Security (Youth Support and Work Focus) Amendment Act 2012): to add references to the new benefits that are sole parent sup- port and the supported living payment.
• • • Removing exemptions from jobseeker support benefit stand down period while person in approved training Clause 33 amends section 80(5)(a).

The amendment removes the chief executive’s ability to exempt a person from the jobseeker sup- Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 29 port benefit stand down period while the person is participating in training approved by the chief executive.
Backdating benefits in specified circumstances Clause 34 replaces section 80BA(4)(b).
New section 80BA(4)(b)— confirms the ability to backdate a benefit that is sole parent • support, or is a supported living payment, or is jobseeker sup- port that is granted— • • extends the ability to backdate a benefit to jobseeker support that is granted to a person who has recently lost the financial support of his or her spouse or partner by reason of death, the spouses or partners commencing to live apart, or the ending of a de facto relationship.
on the grounds of sickness, injury, or disability; or to a sole parent; but also • Both section 80BA(4)(b) and new section 80BA(4)(b) apply to a benefit that is a youth payment or a young parent payment.

Standardising benefit end dates Clause 35 amends section 80BD, on ending of benefits.
The amend- ments are to standardise rules on this matter so that, in the following situations, the chief executive has discretion to continue to pay the benefit for up to 28 days: • death of a beneficiary who leaves a surviving spouse or partner or dependent child, unless the surviving spouse or partner or child qualifies for a higher rate of benefit, or the death was by accident and the spouse or partner or child is entitled under the Accident Compensation Act 2001 to a survivor’s grant: death of a beneficiary’s spouse or partner: death of a single beneficiary who had a dependent child, or whose death results in a transitional cost (for example, for shared accommodation) for a family member, or whose death gives rise to exceptional and justified costs (for example, when multiple family members die): death of a child of a beneficiary who is single: • • • 30 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note • • • • • death of the patient requiring care concerned where the bene- ficiary is receiving a supported living payment on the grounds of caring for a patient requiring care: a sole parent stops caring for the dependent child concerned because of a sudden change of circumstances beyond the bene- ficiary’s control (for example, because a court order is made transferring to another person the role of providing day-today care of that child, or because the child is taken into custody under the Children, Young Persons, and Their Families Act 1989): where the beneficiary receiving a supported living payment on the grounds of caring for a patient requiring care stops caring for the patient concerned because the patient is admitted to hospital or enters residential care: when a child ceases unexpectedly, or because of the death of child’s caregiver, to be entitled to an orphan’s benefit or un- supported child’s benefit: when a beneficiary ceases to be eligible for a supported living payment, and the change in circumstances will cause him or her hardship, or his or her eligibility has ceased because of a cancellation decision that is subject to an unresolved appeal on medical grounds.
Expiry and re-grant of specified benefits Clause 36 inserts new sections 80BE and 80BF on expiry and re-grant of specified benefits.
New section 80BE re-enacts in a new location section 99AA (re- placed by clause 40) on expiry of the unemployment benefit, but also— • extends expiry and re-grant provisions to other benefits prescribed by related regulations to be made under new sec- tion 132M (to be inserted by clause 54); and ensures a specified benefit that expires in the week that is, or is the week immediately before, the week that includes 26 De- cember in a year must (despite section 80BD(1) and the rest of new section 80BE) continue to be paid until the first Monday after 2 January in the immediately following year; and • Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 31 • enables the consideration and granting, in circumstances to be specified by related regulations under new section 132M, of exemptions from expiry for all or any specified benefits of an identified beneficiary or of all beneficiaries within an identified class or description.
New section 80BF re-enacts in a new location section 99AB (re- placed by clause 40) on requirements for re-grant of the unemploy- ment benefit, but also extends it to other benefits prescribed by re- lated regulations to be made under new section 132M (to be inserted by clause 54).

Review of benefits Clause 37 amends section 81, which relates to review of benefits.

The amendment inserts new section 81(4) and (5).


New section 81(4) applies to a benefit granted, or entitlement to which arises, on a stated ground if, after reviewing that benefit under sec- tion 81(1), the chief executive considers that the beneficiary is more appropriately entitled to receive that benefit on another ground.

If new section 81(4) applies to a benefit, new section 81(5) enables the chief executive to cancel that benefit on the stated ground and grant it instead on the other ground.
The amendment is considered necessary or desirable as a con- sequence of sickness benefits and unemployment benefits being merged into the new benefit jobseeker support on 2 grounds, and also as a consequence of invalids’ benefits being renamed as, and domestic purposes benefits on the ground of care of the sick or infirm being merged into, the supported living payment on 2 grounds.
A beneficiary affected by any such decision of the chief executive has rights of review and appeal under sections 10A (Benefits Review Committee) and 12J (Social Security Appeal Authority).

One-off hardship assistance and redirection using preferred supplier Clause 38 amends section 82, on payment of benefits.

One amendment inserts new section 82(6AA) and (6AB), on one-off hardship assistance using a preferred supplier.
Under section 82(3), except as otherwise provided in the principal Act, every instalment of a benefit must be paid to or on account of the beneficiary personally.

32 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note Section 82(6) enables the chief executive, in the chief executive’s dis- cretion, to make an advance payment of a benefit if satisfied that to do so would best meet a beneficiary’s immediate needs.
Any such dis- cretionary advance payment may be recovered under section 86(1).

Section 82(6A) enables an advance payment of a benefit to be paid to the supplier of goods or services if the immediate needs of the bene- ficiary relate to the supply of any goods or services to the beneficiary or a member of the beneficiary’s family.
New section 82(6AA) (on one-off hardship assistance) applies to the beneficiary if— • the beneficiary’s immediate needs relate to the supply of any goods or services to the beneficiary or a member of the bene- ficiary’s family; and the goods or services are of a class, description, or kind sup- plied by a preferred supplier under a contract entered into with the chief executive under new section 125AA (inserted by clause 50).
• New section 82(6AB) ensures, if new section 82(6AA) applies to the beneficiary, that the beneficiary must buy the goods or services from a preferred supplier nominated in writing by the chief executive at the price determined by the contract under new section 125AA with that supplier, and— • the amount of the advance payment of benefit for purchasing the goods or services is the lesser of— • • the price so determined; and the maximum amount of advance payment of benefit that is available to the beneficiary for that purpose; and the chief executive must pay the advance payment of the bene- fit to that supplier in consideration of the supply of the goods or services to the beneficiary or the beneficiary’s family mem- ber.
• No appeal under the principal Act lies against a determination by the chief executive as to the manner in which, or place at which, an instalment of benefit is to be paid: section 82(4).

The other amendment inserts new section 82(6F) and (6G), on redi- rection using a preferred supplier.
Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 33 New section 82(6F) applies to a beneficiary if— • the chief executive has under new section 125AA (inserted by clause 50) entered into a contract with a preferred supplier for the supply of goods or services (for example, electricity, gas, or telecommunications); and the beneficiary to obtain the advantage of that supply at the price determined by that contract requests the chief executive in writing to pay, for a period identified by the chief execu- tive, an agreed amount or agreed portion of the benefit pay- ments payable to the beneficiary to the preferred supplier in consideration of the supply of those goods or services to the beneficiary or a member of the beneficiary’s family.
If new section 82(6F) applies to a beneficiary, then under new sec- tion 82(6G),— • the chief executive may, despite section 82(3), act on the bene- ficiary’s written request under new section 82(6F), and ac- cordingly pay the preferred supplier for the identified period the agreed amount or agreed portion of the benefit payments payable to the beneficiary in consideration of the supply of those goods or services to the beneficiary or the beneficiary’s family member; and the beneficiary cannot withdraw from the redirection arrange- ment arising from that request unless the chief executive, in his or her discretion, considers a withdrawal during the identi- fied period is justified by special circumstances established to the chief executive’s satisfaction.
• • Work test obligations: drug testing obligations Clause 39 amends section 88A, which is an interpretation provision, to insert definitions for the drug testing obligations that, under new section 102A(1A) (inserted by clause 42) form part of specified work test obligations.
Jobseeker support (including deferral of work test obligations on grounds of sickness, injury, or disability) Clause 40 replaces sections 89 to 99 on the unemployment benefit with new sections 88B to 88M on the new benefit called jobseeker 34 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note support.

The new sections include new sections 88H to 88K on de- ferral of work test obligations on grounds of sickness, injury, or dis- ability.
Jobseeker support is generally the same as the unemployment benefit, so new sections 88B to 88M therefore follow closely sections 89 to 99.
The substantive differences are as follows: • the eligibility grounds in section 54(1)(a) and (b) for sickness benefit become eligibility grounds under new sec- tion 88B(1)(b) and (c) for jobseeker support: new section 88E relates to medical certification and examin- ation for jobseeker support on the grounds of sickness, injury, or disability, and follows closely section 54B on medical cer- tification and examination for a sickness benefit.
• Sections 99AA and 99AB, on expiry and re-grant of unemployment benefit, are re-enacted in a new location as new sections 80BE and 80BF — which apply not only to jobseeker support, but also to other specified benefits — by clause 36.

New sections 88H to 88K relate to deferral of work test obligations on the ground of sickness, injury, or disability.

New section 88H provides for applications for deferral of work test obligations.
New section 88I empowers the chief executive to grant deferrals of work test obligations.

New section 88J indicates the effect of deferrals of that kind.

New section 88K applies to a person who is, or is deemed to have been, granted a deferral under new section 88I, and requires the person to notify the chief executive as soon as practicable of any change in the person’s circumstances that may affect his or her en- titlement to the deferral.
Work ability assessment Clause 41 inserts new sections 100B and 100C, on work ability as- sessments.

New section 100B enables the chief executive to require a person to whom new section 100B(1) applies to attend and participate in a work ability assessment made to determine, or help to determine, all or any of the matters specified in new section 100B(3).
New section 100B(1) applies to a person who is, or who is the spouse or partner of, a beneficiary in receipt of— • sole parent support; or Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 35 • a supported living payment (except as provided in new sec- tion 100B(2)); or an emergency benefit; or jobseeker support.
• • New section 100B(2) ensures that a work ability assessment cannot be required of a person receiving a supporting living payment on the ground of sickness, injury, or disability (new section 100B(1)(b) does not apply to the person) if, in the chief executive’s opinion,— • • the person is terminally ill; or the person has little or no capacity for work, and the person’s condition is deteriorating or not likely to improve.
New section 100B(4) requires the assessment to be undertaken in ac- cordance with a procedure determined by the chief executive.

New section 105B(5) relates to the effect of the assessment.

New section 100C provides for reassessment.

Appeal rights against some determinations made in reliance on as- sessments under new section 100B are given by new section 10B (re-enacting section 53A) inserted by clause 56 and Part 1 of Sched- ule 2.
Work test obligations: drug testing obligations Clause 42 amends section 102A, which specifies the work test obligations of work-tested beneficiaries who are not exempted from those obligations.

New section 102A(1A) ensures that the drug testing obligations under new section 102B(1) (inserted by clause 43) are included in, and form part of, a work test obligation under section 102A(1)(a), (c), or (f)(iv).
Failures, without a good and sufficient reason, to comply with work test obligations are sanctionable under the sanctions regime (see, in particular, new sections 116B and 116C, and section 117, inserted or amended by clauses 44 and 45).

Clause 43 inserts new sections 102B and 102C.

New section 102B(1) specifies the drug testing obligations referred to in new section 102A(1A).
Those obligations are to undertake, and to pass, a drug test that a potential employer or training provider re- quires candidates for employment or training to undertake, and to pass, by a specified time.
36 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note A drug test (which, with related terms, is defined in section 88A as amended by clause 39) means a test to determine whether the candi- date’s capacity to work, or be trained for employment, is impaired, by detecting the presence in the candidate’s body of 1 or more con- trolled drugs.
The drug test may be a screening drug test of the candi- date and, if the candidate fails that screening drug test, an evidential drug test of the candidate, or an evidential drug test of the candidate undertaken without any associated prior screening drug test of the candidate: new section 102B(2).
A candidate is taken for the principal Act’s purposes to have failed an evidential drug test required by a potential employer or a training provider if the candidate fails an associated prior screening drug test required by the employer or provider, and waives the evidential drug test: new section 102B(3).

New section 102C relates to the drug testing obligations on a work-tested beneficiary referred by the chief executive under sec- tion 102A(1)(c) to an opportunity of suitable employment.
New section 102C(2) empowers the employer providing the oppor- tunity to, or to authorise the appropriate drug-testing provider to, pro- vide to the department a copy of the results of the screening drug test, the evidential drug test, or both if the employer requires the benefi- ciary to undergo, and to pass, by a specified time, a screening drug test, an evidential drug test, or both, and the beneficiary has by the specified time failed that test or those tests.
New section 102C(3) provides for the employer to be reimbursed for the actual and reasonable costs (if, or insofar as, they do not exceed the prescribed maximum reimbursement amount) of the drug test or tests the employer required and the beneficiary failed.

The reim- bursed costs are a debt due to the Crown from the beneficiary.
Drug test results provided under new section 102C(2) may be used for the purposes of, or for the purposes of a review or appeal under, specified provisions, but must not be used by the chief executive or the department for any other purposes.

Sanctions Clause 44 replaces section 115 (on failures to comply with the work test) and section 116A (on failures to comply with obligations under section 60Q(2)).
Section 116A is inserted on 15 October 2012 by Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 37 section 43 of the Social Security (Youth Support and Work Focus) Amendment Act 2012.

Sections 115 and 116A are replaced with new sections 116B and 116C, on failures (to comply with specified obli- gations) that require the imposition of sanctions under section 117.
New section 116B re-enacts sections 115(1) and (5) to (7) and 116A, but applies not only to obligations related to work preparation, work test obligations (including drug testing obligations), and interview obligations of beneficiaries exempted from the work test, but also to obligations related to contracted service providers, social obligations, and work ability assessment obligations.
New section 116C(1) and (3) re-enact section 115(3) and (4), which indicate good and sufficient reasons for specified failures to comply.

New section 116C(2) specifies good and sufficient reasons for not complying with a drug testing obligation under new section 102B(1), or for failing to apply for suitable employment that requires candi- dates to undertake drug tests, or for both.

Clause 45 amends section 117, on sanctions that may be imposed for failures.
New section 117(1A) to (1C) ensure that beneficiaries who fail to accept an offer of suitable employment are subject to a 13-week non-entitlement period in the same way as people who be- come voluntarily unemployed without a good and sufficient reason.

Clause 46 amends section 119, on calculation of failures for the pur- poses of section 117.
The amendments are to— • ensure that applicable failures count only during a period of continuous payment in respect of the beneficiary of the same benefit or of 2 or more different benefits; and ensure that the level of sanction applied to beneficiaries is based on the number of previous failures of all obligations added together, and that the count of failures will be main- tained when beneficiaries move from one benefit to a different benefit; and re-enact section 119(1)(b) in a form that makes clearer that it refers to new section 116B.
• • Clause 47 amends section 122, which relates to when, in relation to a failure to comply with an obligation, a person recomplies for the purpose of section 117.

Some of the amendments are to ensure that, where someone fails to meet more than one obligation, they will be 38 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note required to undertake all of the obligations they previously failed to comply with before the sanction can be lifted.
New section 122(2) is inserted to indicate how a person recomplies (for the purpose of section 117) in relation to a failure under new section 116B(1)(e) to comply with any drug testing obligation under new section 102B(1) (inserted by clause 43).
New section 122(3) ensures that the calculation of the number of fail- ures for the purposes of new section 122(2) is independent and separ- ate from, and therefore does not affect, the calculation (in accordance with section 119) of the number of failures for the purposes of sec- tion 117.
New section 122(4) requires the department to take reasonable and appropriate steps to make a person who has given a recompliance undertaking in accordance with new section 122(2)(b) aware of the following matters: • the consequences of failing to comply with the undertaking; and the location of a drug testing provider that the person can use to undertake a drug test of the kind stated in new sec- tion 122A(2)(a) or (b); and that the department will pay the actual and reasonable costs the provider charges for performing, once only within the period the undertaking allows for recomplying, a drug test of the kind stated in new section 122A(2)(a) or (b), but that those costs are also recoverable from the person.
• • Clause 48 inserts a new section 122A, on recomplying after a second failure in a 12-month period to comply with a drug testing obliga- tion.

New section 122A applies to a work-tested beneficiary who has undertaken under new section 122(2)(b) to pass a drug test within 30 days after the date of the beneficiary’s undertaking (the period).

The beneficiary must at a time that is within the period attend at the location of a drug testing provider for the purpose of undertaking a drug test.
The drug test must be either— • a screening drug test of the beneficiary and, if the beneficiary fails that screening drug test, an evidential drug test of the beneficiary; or an evidential drug test of the beneficiary undertaken without any associated prior screening drug test of the beneficiary.
• Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 39 The actual and reasonable costs charged by the provider for perform- ing, on 1 occasion only within the period, a drug test, are payable by the department, but also a debt due to the Crown from the beneficiary.
A beneficiary who fails a screening drug test or an evidential drug test or both performed within the period may (in order to try to com- ply with the beneficiary’s undertaking despite that failure) under- take, at the beneficiary’s expense, further drug testing within the period.

A beneficiary who does not pass a drug test within the period must be treated as a person who has failed a third time within a 12-month period to comply with any drug testing obligations in new section 102B(1).
The beneficiary’s benefit will therefore be cancelled under section 117(1)(c).

Special assistance under welfare programme: use of preferred supplier Clause 49 amends section 124, which relates to money payable out of a Crown Bank Account for the purposes of the principal Act.
That money includes, under section 124(1)(d), any money that may be appropriated by Parliament for the purpose of granting special as- sistance under any welfare programme established and approved by the Minister under the authority of, and for the purposes of, section 124(1)(d).

The amendment inserts new section 124(1BA) to (1BC).
New section 124(1BA) applies to an applicant for special assistance under a welfare programme approved by the Minister under sec- tion 124(1)(d) if— • any special assistance under the programme relates to the sup- ply of any goods or services to the applicant or a member of the applicant’s family; and the goods or services are of a class, description, or kind sup- plied by a preferred supplier under a contract entered into with the chief executive under new section 125AA (inserted by clause 50).
• New section 124(1BB) ensures, if new section 124(1BA) applies to an applicant for special assistance under a welfare programme approved by the Minister under section 124(1)(d), that the applicant must buy the goods or services from a preferred supplier nominated in writing 40 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note by the chief executive at the price determined by the contract under new section 125AA with that supplier, and— • that the amount of the special assistance granted under section 124(1)(d) for buying those goods or services is the lesser of— • • the price so determined; and the maximum amount for buying those goods or services available under the welfare programme con- cerned; and • that the chief executive must pay that special assistance to that supplier in consideration of the supply of the goods or services to the applicant or the applicant’s family member.
New section 124(1BC) ensures, by analogy to section 82(4) (which prevents appeals against determinations about the manner and place of payments), that no appeal lies under section 12J(1)(b) against any chief executive’s decision under new section 124(1BB)(b).

Preferred suppliers of goods or services for beneficiaries or others Clause 50 inserts a new heading and new section 125AA, on preferred supply of goods or services for beneficiaries or others.
New section 125AA(1) enables the Minister by written direction to determine the goods or services contracts for the supply of which may be entered into under new section 125AA(3).
The Minister’s determination must be in respect of goods or services for all or any of the following (and for no other) purposes: • to meet additional expenses arising from a disability by way of a disability allowance under section 69C: to satisfy the immediate needs of a beneficiary by way of an advance payment of a benefit under section 82(6) and (6A): for supply to a beneficiary by way of a redirection under new section 82(6G) (inserted by clause 38) of some of the benefi- ciary’s benefit payments: to meet particular needs of a person by way of special assist- ance under a welfare programme under section 124(1)(d).
• • • Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 41 Contracts with administration service providers Clauses 51 and 52 amend sections 125A and 125C, respectively, on contracts with administration service providers.

The amendments extend those sections to contracts with providers of administration services in relation to both of the following: persons other than young persons; and • • specified Parts of the principal Act.
The amendments are related to new section 60GAG inserted by clause 22.

Disability allowance: funding of specified expenses Clause 53 inserts a new section 132AD, relating to regulations on the use of a disability allowance to fund specified expenses.

New section 132AD(1) to (3) give power to make regulations of that kind, indicate their purposes, and indicate ways in which they may achieve their purposes.

A related amendment is new section 69C(1A) inserted by clause 28.
Effect on benefit of warrant to arrest beneficiary, and expiry and re-grant of specified benefits Clause 54 inserts a new section 132L.

New section 132L empowers the making of regulations for the purpose of new section 75B (on the effect on a benefit of a warrant to arrest a beneficiary) inserted by clause 30.

Those regulations may be or include provisions authorising informa- tion sharing.
But the power to make regulations authorising informa- tion sharing, and their authorisations, are temporary only (until the close of 14 July 2016).

The information sharing concerned is ultim- ately to be authorised by the new Part 9A of the Privacy Act 1993 to be inserted by the Privacy (Information Sharing) Bill (318—2).
The Minister must not recommend proposed regulations authorising in- formation sharing unless satisfied that there has been consultation on them with the Privacy Commissioner, and with persons or organisa- tions representing the interests of people whose personal information the sharing of which is to be authorised by them.

Clause 54 also inserts a new section 132M.


New section 132M empowers the making of regulations for the purpose of new sec- 42 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note tions 80BE and 80BF (on the expiry and re-grant of specified benefits) inserted by clause 36.

Jobseeker support Clause 55 amends clause 1 of Schedule 9, which (as amended by this Bill) is to specify rates of jobseeker support and related abatement regimes.
New clause 1(ab) and (ba) specify new preferential rates, or new rates with preferential abatement regimes.
New clause 1(ab) specifies a new preferential rate for a single bene- ficiary without dependent children and who was on 15 July 2013 transferred to jobseeker support— • by clause 2(8) and (9) of new Schedule 32 (inserted by clause 132, and which transfer a person without a depend- ent child aged under 14 years who, immediately before 15 July 2013, was receiving a widow’s benefit under sec- tion 21, or had been granted a widow’s benefit under section 21 that was subject to a stand down period under sections 80 to 80BA); or by clause 9(6) and (7) of new Schedule 32 (inserted by clause 132, and which transfer a person who, immediately before 15 July 2013, was receiving a domestic purposes benefit for women alone under section 27C, or had been granted a domestic purposes benefit for women alone under section 27C that was subject to a stand down period under sections 80 to 80BA).
• New clause 1(ba) specifies a new rate with a preferential abatement regime for a single beneficiary whose youngest dependent child is aged at least 14 years (including, without limitation, any such bene- ficiary who is a beneficiary of a kind specified in new clause 5A(a), (b), or (c)).

Clause 1(c) specifies the rate of jobseeker support, and the related abatement regime, for a single beneficiary with 1 or more dependent children.
Clause 1(c) is amended to change that related abatement regime from Income Test 3 to Income Test 1 (as those terms are de- fined in section 3(1)).

New clause 5B gives the chief executive a discretion to disregard, for the purposes of new clause 1(ba) and of clause 1(c), specified income used to meet the cost of childcare.
Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 43 Reorganising headings and relocating section 53A In clause 56 and Part 1 of Schedule 2, the opportunity is taken to make clearer the principal Act’s structure (mainly without changing its effects) by reorganising headings, and by re-enacting section 53A, which gives a right of appeal to a medical board on medical grounds against specified decisions, as a new section 10B that is located with other provisions on reviews and appeals.
New section 10B re-enacts section 53A with consequential changes arising from this Bill’s re- categorisation of benefits, but otherwise without substantive changes.

Consequential amendments related to this reorganisation of headings are made by clauses 129 and 130 and Parts 2 and 3 of Schedule 2.

Part 2 Consequential amendments, and transitional and savings provisions Overview Clause 57 gives an overview of Part 2.
Consequential amendments: couple rate and work-test couple rate Clauses 58 and 59 make, to the principal Act and to other relevant enactments, amendments consequential on clause 6, which amends section 3(1) to— • • replace the term married rate with the term couple rate; and replace the term work-test married rate with the term work-test couple rate.
Consequential amendments: status of examples Clause 60 amends enactments made under the principal Act to make revocations consequential on new section 3B inserted by clause 7.

Consequential amendments: pre-benefit activities Clauses 61 to 63 make, to the principal Act and to the Social Security (Pre-benefit Activities) Regulations 2012, amendments consequen- tial on new sections 11E to 11H inserted by clause 9.
44 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note Consequential amendments: sole parent support Clauses 64 to 79 and Schedule 1 make to the principal Act amend- ments consequential on new sections 20A to 20H (on sole parent sup- port) replacing— • sections 21, 21A (as inserted on 15 October 2012 by sec- tion 35 of the Social Security (Youth Support and Work Focus) Amendment Act 2012), and 24 (on widows’ benefits); and sections 27A to 27D and 27H(1) and (2) (on domestic purposes benefits for solo parents and for women alone).
• Clause 80 and Schedule 3 make similar consequential amendments to other enactments.
Consequential amendments: supported living payment Clauses 81 to 90 make to the principal Act amendments consequen- tial on new sections 40A to 40K (on the supported living payment) which are the following sections as renumbered and amended or, as the case may be, replacements for the following sections: • sections 27G and 27H(1B) (on domestic purposes benefits for care at home of the sick or infirm): sections 39F, 40, 42, 42A, 43, 44, and 44A (on invalids’ bene- fits).
• Clause 91 and Schedule 4 make similar consequential amendments to other enactments.

Consequential amendments: repeal of section 60HA Clause 92 makes, to the principal Act and to regulations made under it, amendments consequential on the repeal of section 60HA by clause 23.

Consequential amendments: sickness benefit abolished Clauses 93 to 107 make to the principal Act amendments consequen- tial on the repeal of provisions relating to the sickness benefit.
Clause 108 and Schedule 5 make similar consequential amendments to other enactments.
Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 45 Consequential amendments: social obligations of certain beneficiaries with dependent children Clause 109 inserts a new section 132AC(5) to make it clear that child- care assistance regulations under section 132AC that define the term approved early childhood education programme (for the purposes of all or specified provisions of those regulations) also define that term for the purposes of new section 60RA(3) (on social obligations of cer- tain beneficiaries with dependent children, and inserted by clause 25) and section 170(2)(c) (on youth support payments: obligations).
Clause 110 amends section 170(2)(c) as a consequence of new section 60RA(3)(a)(i) inserted by clause 25.

The amendment relates to the term approved early childhood education programme.

It ensures that term is to be defined for the purposes of those 2 sections (as well as for the purposes of those regulations) in regulations made under section 132AC (regulations relating to childcare assistance).
Consequential amendments: expiry and re-grant of specified benefits Clauses 111 and 112 make consequential amendments to sections 117(4) and 119(3A) in light of sections 99AA and 99AB, on expiry and re-grant of the unemployment benefit, being re-enacted in a new location as new sections 80BE and 80BF (which apply not just to jobseeker support, but also to other specified benefits) inserted by clause 36.
Consequential amendments: jobseeker support Clauses 113 to 122 make to the principal Act amendments conse- quential on new sections 88B to 88M (on jobseeker support) replac- ing sections 89 to 99 (on unemployment benefit).

Clause 123 and Schedule 6 make similar consequential amendments to other enactments.

Consequential amendments: sanctions Clauses 124 to 128 make to the principal Act amendments conse- quential on the replacement of sections 115 and 116A with new sec- tions 116B and 116C under clause 44.
46 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note Consequential amendments: reorganising headings and relocating section 53A Clauses 129 and 130 (and Parts 2 and 3 of Schedule 2) amend the principal Act, and other specified enactments, to reflect the amend- ments made by clause 56 (and Part 1 of Schedule 2) to make clearer the principal Act’s structure mainly without changing its effects.

Transitional and savings provisions Clause 131 inserts a new section 3C.
New section 3C indicates that new Schedule 32 (inserted by clause 132 and Schedule 7) contains application, transitional, and savings provisions that affect the prin- cipal Act’s other provisions as from time to time amended, repealed, or repealed and replaced.

New Schedule 32 contains the following application, transitional, and savings provisions.
Clause 1, which re-enacts section 99A (repealed by clause 40), relates to the Social Security Amendment Act 2001 and to the transfer from the community wage to the unemployment benefit on 1 July 2001.
Clauses 2 to 14 relate to the following matters: • transfers under this Bill from existing benefits to new benefits, and related regulations: the relocation of section 53A: a temporary exemption from full-time student ineligiblity for certain transferees to jobseeker support: absences overseas: failures and sanctions: transitional regulations.
• • • Clause 2 relates to the transfer from domestic purposes benefits for solo parents under section 27B, and widows’ benefits under sec- tion 21, to sole parent support or jobseeker support on 15 July 2013.

Clause 2 does not transfer to the new benefits an overseas-resident existing benefit applicant, or existing benefit recipient, to whom clause 3(1) or (3) applies.
Clause 3 is a savings provision relating to reciprocity agreement ap- plicants for, or recipients of, certain DPBs for solo parents or wid- ows’ benefits.

It preserves those people’s entitlements to those bene- • • Explanatory note Social Security (Benefit Categories and Work Focus) Amendment Bill 47 fits as if they had not been abolished, but subject to specified condi- tions.
Clause 4 contains transitional and savings provisions relating to the transfer on 15 July 2013— • from invalids’ benefits under section 40 to the supported living payment under new section 40B on the grounds of sickness, injury, disability, or total blindness; and from domestic purposes benefits under section 27G (including those continued by the savings provision that is section 30(2) of the Social Security (Youth Support and Work Focus) Amendment Act 2012) to the supported living payment under new section 40D on the grounds of caring for a patient requiring care.
• Clause 5 relates to the Social Security (Supported Living Payments Benefit) Regulations 1998.

Clause 6 relates to the transfer from the unemployment benefit to jobseeker support on 15 July 2013.

Clause 7 relates to the transfer from the sickness benefit to job- seeker support on the grounds of sickness, injury, or disability on 15 July 2013.

Clause 8 relates to the Social Security (Jobseeker Support—Medical Examinations) Regulations 2010.
Clause 9 relates to the transfer from domestic purposes benefits (DPBs) for women alone under section 27C to jobseeker support on 15 July 2013.

Clause 10 relates to clause 56 and Part 1 of Schedule 2 re-enacting section 53A as new section 10B.

Clause 11 applies to a person who on 15 July 2013 transfers to job- seeker support from a domestic purposes benefit under section 27B or 27C, a widow’s benefit under section 21, or a sickness benefit under section 54 or 54A.
Clause 8 excepts the person from the jobseeker support ineligibility ground in new section 88D(a), which relates to being a full-time student.

It also deems the person to have been ex- empted under section 105, subject to the exception in clause 8(4), from all his or her work test obligations or, as the case may be, work preparation obligations under section 60Q.
The exception from new section 88D(a), and the deemed exemption under section 105, end either on 15 July 2015, or earlier if the chief executive is satisfied 48 Social Security (Benefit Categories and Work Focus) Amendment Bill Explanatory note that the person has failed to pass an amount of work equivalent to more than half of a full-time course.
Clause 12 applies to a beneficiary’s absence overseas, but only if that absence involves travel from New Zealand that— occurs on or after 15 July 2013; but • • was booked before 15 July 2013. clause 12 empowers the chief executive, for the purpose of avoiding any net adverse effects on the beneficiary of section 77 (as amended on 15 July 2013), and in the chief executive’s discretion, to deter- mine the beneficiary’s entitlements in respect of the absence under section 77 (as in force immediately before 15 July 2013).
Clause 13 is a savings provision that ensures that a person’s fail- ure before 15 July 2013 under specified provisions, and any related sanction under section 117 before 15 July 2013, both continue to count for determining the number of failures of the person, and every appropriate related sanction under section 117, after 14 July 2013.

Clause 14 is a power to make temporary additional or overriding tran- sitional regulations.

Any regulations made under it, and the clause itself, will end on 15 July 2016.
It follows closely similar powers in the Criminal Procedure Act 2011 and Search and Surveillance Act 2012.

It is exceptional, but considered justified.

That is because the Bill implements complex reforms and, if inconsistencies or errors arise that cause immediate difficulties, their correction will be un- able to await enactment of an urgent amending Act.
Hon Paula Bennett Social Security (Benefit Categories and Work Focus) Amendment Bill Government Bill Contents Title Commencement Principal Act Part 1 Substantive amendments Overview Overview of Part Social obligations of certain beneficiaries with dependent children Section 1A amended (Purpose) Pre-benefit activities, couple rate and work-test couple rate, and ordinarily resident in New Zealand Section 3 amended (Interpretation) Status of examples New section 3B inserted (Status of examples) 3B Status of examples Ordinarily resident in New Zealand Section 11D amended (Application process for benefits) Pre-benefit activities New sections 11E to 11H inserted 67—1 Page 11 11 11 12 12 13 14 14 14 14 1 Social Security (Benefit Categories and Work Focus) Amendment Bill 11E 11F 11G 11H Pre-benefit activities: requirements Pre-benefit activities: department must explain requirements Pre-benefit activities: consequences of non-compliance by applicant Pre-benefit activities: consequences of non-compliance by applicant’s spouse or partner Rights of appeal: work test obligations: drug testing obligations Section 12J amended (Rights of appeal) Sole parent support New Part 1B inserted Part 1B Sole parent support 20A 20B 20C 20D 20E 20F 20G 20H Sole parent support: meaning of applicant Sole parent support: when dependent child may be regarded as applicant’s child Split custody Sole parent support: standard eligibility requirements Sole parent support: obligations on beneficiaries Sole parent support: payment
 Sole parent support: rate Sole parent support: expiry, and replacement with jobseeker support, when youngest dependent child 14 Sections 27A to 27D and 27H(1) and (2) and cross-heading above section 27A repealed Supported living payment Sections 27G and 27H(1B) repealed Section 39F renumbered and amended (Purpose of invalid’s benefit) Section 40 renumbered and amended (Invalid’s benefit) New sections 40C to 40H inserted 40C Supported living payment: on grounds of sickness, injury, disability, or total
 blindness: medical examination Supported living payment: on grounds of caring for patient requiring care: eligibility 40D 14 16 17 17 18 18 19 19 20 21 21 22 22 22 22 22 23 23 24 24 25 Social Security (Benefit Categories and Work Focus) Amendment Bill 40E 40F 40G 40H Supported living payment: on grounds of caring for patient requiring care: medical examination Supported living payment: on grounds of sickness, injury, disability, or total blindness: beneficiary’s obligations Supported living payment: on grounds of sickness, injury, disability, or total blindness: spouse’s or partner’s obligations Supported living payment: on grounds of caring for patient requiring care: beneficiary’s obligations Supported living payment: rates Sections 42 and 42A replaced 40I Section 43 renumbered and amended (Subsidy on earnings of blind beneficiaries) Sections 44 and 44A replaced 40K Supported living payment: on grounds of sickness, injury, or disability: encouraging open employment Sickness benefit abolished Sections 54, 54A, 54B, 54D, 54DA, 54E, and 54F and cross-heading above section 54 repealed Beneficiaries having additional dependent child: exempting people resident in certain overseas countries, and eligibility for sole parent support Section 60GAE amended (Beneficiaries having additional dependent child: general) Obligations to work with contracted service providers New section 60GAG inserted (Obligations to work with contracted service providers)
 60GAG Obligations to work with contracted service providers Work preparation exercise Section 60HA repealed (Work preparation exercise) Certain obligations may be placed on beneficiaries and their spouses and partners Section 60Q amended (Certain obligations may be placed on beneficiaries and their spouses and partners) 24 26 26 26 27 27 27 28 28 28 29 29 30 30 31 31 3 Social Security (Benefit Categories and Work Focus) Amendment Bill Social obligations of certain beneficiaries with
 dependent children 25 New sections 60RA to 60RC inserted 60RA Social obligations of certain beneficiaries with dependent children 60RB Social obligations: department must explain requirements 60RC Social obligations: sanctions for failures to comply New section 61AA inserted (Social obligations of person receiving emergency benefit) 61AA Social obligations of person receiving emergency benefit Section 61A amended (Obligations of spouse or partner of person granted emergency benefit) Disability allowance: preferred supplier and funding of specified expenses Section 69C amended (Disability allowance) Residential requirements for certain benefits: people ordinarily resident overseas Section 74AA amended (Residential requirements for certain benefits) Effect on benefit of warrant to arrest beneficiary New section 75B inserted (Effect on benefit of warrant to arrest beneficiary) 75B Effect on benefit of warrant to arrest beneficiary When beneficiaries can be paid benefit while overseas, and suspensions of benefits based on discrepancies arising from departure information Section 77 amended (Effect of absence of beneficiary from New Zealand) Privacy Act 1993 amended Removing exemptions from jobseeker support benefit stand down period while person in approved training Section 80 amended (Commencement of benefits) Backdating benefits in specified circumstances Section 80BA amended (Calculation of stand down) 26 27 28 29 30 31 32 33 34 4 32 32 34 34 35 35 35 36 37 38 38
 40 42 42 43 Social Security (Benefit Categories and Work Focus) Amendment Bill 35 36 Standardising benefit end dates Section 80BD amended (Ending of benefits) Expiry and re-grant of specified benefits New sections 80BE and 80BF inserted 80BE Expiry and re-grant of specified benefits 80BF Requirements for re-grant of specified benefits 37 Section 81 amended (Review of benefits) Review of benefits 38 39 40 One-off hardship assistance and redirection using preferred supplier Section 82 amended (Payment of
 benefits) Work test obligations: drug testing obligations Section 88A amended (Interpretation) Jobseeker support (including deferral of work test obligations on grounds of sickness, injury, or disability) Sections 89 to 99AB and cross-heading above section 89 replaced Jobseeker support 88B 88C 88D 88E 88F 88G 88H 88I 88J 88K Jobseeker support: standard eligibility requirements Jobseeker support: grounds of hardship Jobseeker support: ineligibility Jobseeker support: on grounds of sickness, injury, or disability: medical examination Jobseeker support: obligations on beneficiaries Jobseeker support: obligations of spouse or partner of person granted it at work-test couple rate Jobseeker support: application for deferral of work test obligations Jobseeker support: chief executive’s powers and duties to defer work test obligations Jobseeker support: effect of deferral Jobseeker support: deferred or exempted people must notify change of circumstances Jobseeker support: payment 88L 88M Jobseeker support: rates 43 44 44 46 47 48 49 51 51 52 53 53 54 55 56 56 57 58 58 58 5 Social Security (Benefit Categories and Work Focus) Amendment Bill Work ability assessment New sections 100B and 100C and cross-heading inserted 41 100B Chief executive may require person to undergo Work ability assessment assessment 100C Reassessment 42 43 44 45 46 47 48 49 Work test obligations: drug testing obligations Section 102A amended (Work test obligations) New sections 102B and 102C inserted
 102B Work test obligations: drug testing obligations 102C Work test obligations: drug testing obligations on referral to opportunity of suitable employment Sanctions Sections 115 and 116A replaced 116B Failures to comply with obligations 116C Good and sufficient reasons for specified failures to comply Section 117 amended (Sanctions that may be imposed for failures) Section 119 amended (Calculation of failure rate) Section 122 amended (Meaning of recompliance) New section 122A inserted (Recomplying after
 second failure to comply with drug testing obligations) 122A Recomplying after second failure to comply with drug testing obligations Special assistance under welfare programme: use of preferred supplier Section 124 amended (Money payable out of Crown Bank Account) Preferred suppliers of goods or services for beneficiaries or others 50 New section 125AA and cross-heading inserted Preferred suppliers of goods or services for beneficiaries or others 125AA Preferred supply of goods or services for beneficiaries or others 59 59 60 61 61 61 62 63 63 65 66 66 66 68 68 69 70 70 6 Social Security (Benefit Categories and Work Focus) Amendment Bill 51 52 53 Contracts with administration service providers Section 125A amended (Chief executive may contract with service providers) Section 125C amended (Release of personal information to and by contracted service provider) Disability allowance: funding of specified expenses New section 132AD inserted (Regulations on use of disability allowance to fund specified expenses) 132AD Regulations on use of disability allowance to fund specified expenses Effect on benefit of warrant to arrest beneficiary, and expiry and re-grant of specified benefits 54 New sections 132L and 132M inserted 132L Regulations relating to effect on benefit of warrant to arrest beneficiary 132M Regulations relating to expiry and re-grant of specified benefits Jobseeker support Schedule 9 amended Reorganising headings and relocating section 53A Amendments to make
 clearer principal Act’s structure 55 56 Part 2 Consequential amendments, and transitional and savings provisions Overview 57 Overview of Part Consequential amendments: Couple rate and work-test couple rate Consequential amendments to principal Act Consequential amendments to other enactments Consequential amendments: status of examples Consequential amendments to enactments made under principal Act Consequential amendments: pre-benefit activities Section 11D amended (Application process for benefits)
 Section 132J amended (Regulations stating pre-benefit activities) 58 59 60 61 62 71 71 71 72 72 72 74 75 76 76 77 77 78 78 78 7 Social Security (Benefit Categories and Work Focus) Amendment Bill Social Security (Pre-benefit Activities) Regulations 2012 amended Consequential amendments: Sole parent support Section 3 amended (Interpretation) Section 60GAE amended (Beneficiaries having additional dependent child: general) Section 60Q amended (Certain obligations may be placed on beneficiaries and their spouses and partners) Section 61 amended (Chief executive may grant emergency benefit in cases of hardship) Section 70A amended (Rates of benefits for sole parents may be reduced) Section 74AA amended (Residential requirements for certain benefits) Section 80B amended (Interpretation) Section 82 amended (Payment of benefits) Section 162 amended (Youth payment: continuation after age 18) Section 168 amended (Young parent payment: continuation after age 19) Schedule 3 amended New Schedule 3A inserted Schedule 10 amended Schedule 16 amended Schedule 18 amended Other consequential amendments to principal Act Consequential amendments to other enactments Consequential amendments: supported living payment benefit Section 3(1) amended (Interpretation) Section 39A amended (Child disability allowance) Section 43 amended (Subsidy on earnings of blind beneficiaries) Section 70A amended (Rates of benefits for sole parents may be reduced) Section 80 amended (Commencement of benefits)
 Section 80B amended (Interpretation) Section 157 amended (Interpretation) Schedule 6 amended Schedule 17 repealed Other consequential amendments to principal Act Social Security (Benefit Categories and Work Focus) Amendment Bill Consequential amendments to other enactments Consequential amendments: repeal of section 60HA Consequential
 amendments to principal Act and to regulations made under it Consequential amendments: sickness benefit abolished Section 3 amended (Interpretation) Section 12J amended (Right of appeal) Section 60H amended (Voluntary unemployment or loss of employment through misconduct, etc) Section 61 amended (Chief executive may grant emergency benefit in cases of hardship) Section 66 amended (Exemption of income from friendly or like society) Section 70A amended (Rates of benefits for sole parents may be reduced) Section 72 amended (Limitation where applicant receiving another benefit or war pension) Section 80 amended (Commencement of benefits) Section 102 amended (Application of work test) Section 157 amended (Interpretation) Section 162 amended (Youth payment: continuation after age 18) Section 168 amended (Young parent payment: continuation after age 19) Schedule 9 amended Schedule 10 amended Other consequential amendments to principal Act Consequential amendments to other enactments Consequential amendments: social obligations of certain beneficiaries with dependent children Section 132AC amended (Regulations relating to childcare assistance) Section 170 amended (Youth support payments: obligations) Consequential amendments: expiry and re-grant of specified benefits Section 117 amended (Sanctions that may be imposed for failures) Section 119 amended (Calculation of failure rate) 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 85 85 86 87
Social Security (Benefit Categories and Work Focus) Amendment Bill Consequential amendments: jobseeker support Section 11D amended (Application process for benefits) Cross-headings above sections 58 and 59B repealed Section 61 amended (Chief executive may grant emergency benefit in cases of hardship) Section 80B amended (Interpretation) Section 82 amended (Payment of benefits) New cross-heading above section 88A inserted Section 99A repealed (Transfer
 from community wage to unemployment benefit on 1 July 2001) Section 105 amended (Exemption from obligations) Schedule 9 amended Other consequential amendments to principal Act Consequential amendments to other enactments Consequential amendments: sanctions Section 102A amended (Work test obligations) Section 117 amended (Sanctions that may be imposed for failures) Section 119 amended (Calculation of failure rate) Section 122 amended (Meaning of recompliance) Section 171 amended (Obligations of spouses and partners of specified beneficiaries) Consequential amendments: reorganising headings and relocating section 53A Consequential amendments to principal Act Consequential amendments to other enactments Transitional and savings provisions New section 3C inserted (Application of amendments to this Act) 3C New Schedule 32 inserted Application of amendments to this Act Schedule 1 New Schedule 3A Schedule 2 Amendments reorganising headings and relocating section 53A 91 91 91 91 91 91 91 91 92 92 93 93 93 93 93 93 94 94 94 94 94 95 96 Schedule 3 Consequential amendments to other enactments: Sole parent support 105 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 10 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 4 Consequential amendments to other enactments: Supported living payment Schedule 5 Consequential amendments to other enactments: Sickness benefit Schedule 6 Consequential amendments to other enactments:
 Jobseeker support Schedule 7 New Schedule 32 cl 3 111 118 121 123 The Parliament of New Zealand enacts as follows: 1 2 (1) (2) 3 Title This Act is the Social Security (Benefit Categories and Work Focus) Amendment Act 2012.
Commencement The following come into force on 15 July 2013: (a) Part 1 (except sections 28, 38, 49, 50, and 53, on— the use of the disability allowance to fund speci- (i) fied expenses; and preferred suppliers of goods or services for bene- 10 ficiaries or others): (ii) 5 Part 2: Schedules 1 to 7.

(b) (c) The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.

15 Principal Act This Act amends the Social Security Act 1964 (the principal Act).
11 Part 1 cl 4 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 Substantive amendments Overview 4 (1) (2) 10 (b) Overview of Part This Part contains substantive amendments to the principal 5 Act.

(Related consequential amendments to the principal Act and to other enactments, and transitional and savings provi- sions, are contained in Part 2.)
The substantive amendments in this Part are for purposes that include— (a) introducing new benefit categories (sole parent support, supported living payment, and jobseeker support); and providing for new obligations (obligations to work with contracted service providers, social obligations of certain beneficiaries with dependent children, and, for 15 work-tested beneficiaries, new work test obligations that are drug test obligations); and providing for, or adjusting provisions on, other matters (including the effect on a benefit of a warrant to arrest a beneficiary, when beneficiaries can be paid a benefit 20 while overseas, backdating benefits, benefit end dates, and expiry and re-grant of specified benefits); and (d) making clearer the principal Act’s structure (see sec- tion 56 and Part 1 of Schedule 2), by reorganising headings, and by relocating section 53A (which gives a 25 right of appeal to a medical board on medical grounds against specified decisions).
(c) (3) Some substantive amendments in this Part affect provisions of the principal Act that are inserted or amended on 15 Octo- ber 2012 by section 2(2) and Parts 3 and 4 of the Social Secur- 30 ity (Youth Support and Work Focus) Amendment Act 2012.
Social obligations of certain beneficiaries with dependent children Section 1A amended (Purpose) Replace section 1A(d) with: 35 5 12 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 6 “(d) to impose, on the following specified people or young persons, the following specified requirements or obli- gations: “(i) on people seeking or receiving financial support under this Act, administrative and, where appro- 5 priate, work-related requirements; and “(ii) on young persons who are seeking or receiving financial support under this Act, educational, budget management, and (where appropriate) parenting requirements; and “(iii) on people receiving certain financial support under this Act, social obligations relating to the education and primary health care of their dependent children.” Pre-benefit activities, couple rate and work-test couple rate, and ordinarily resident in New Zealand 10 15 Section 3 amended (Interpretation) In section 3(1), insert in their appropriate alphabetical order: “couple rate, in relation to New Zealand superannuation, 20 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 “main benefit under this Act means a benefit that is— “(a) “(b) sole parent support; or a supported living payment on the grounds of sick- ness, injury, disability, or total blindness, under sec- tion 40B; or a supported living payment on the grounds of caring for a patient requiring care, under section 40D; or jobseeker support; or an emergency benefit; or a youth payment; or a young parent payment”.
“(d) “(e) “(f) “(g) In section 3(1), repeal the definition of married rate.

In section 3(1), definition of ordinarily resident, after “or- dinarily resident”, insert “in New Zealand”.

30 35 “(c) 25 13 6 (1) (2) (3) Part 1 cl 7 Social Security (Benefit Categories and Work Focus) Amendment Bill (4) In section 3(1), definition of work-test married rate, replace “married” with “couple”.
Status of examples 7 New section 3B inserted (Status of examples) After section 3 (but before section 3C inserted by sec- 5 tion 131), insert: “3B Status of examples “(1) An example used in an enactment in or made under this Act is only illustrative of the provisions to which it relates.

It does not limit those provisions.


If an example and a provision to which it relates are inconsist- ent, the provision prevails.” “(2) 10 8 9 Ordinarily resident in New Zealand Section 11D amended (Application process for benefits) In section 11D(9), before “resident”, insert “ordinarily”.
15 Pre-benefit activities New sections 11E to 11H inserted After section 11D, insert: “11E Pre-benefit activities: requirements “(1) This section applies to a person if the person is— 20 jobseeker support; or sole parent support; or a person who contacts the department on or after 15 July 2013 requesting financial assistance under this Act, if the chief executive considers that the appropriate financial assistance would be a benefit that is— “(i) “(ii) “(iii) an emergency benefit; or the spouse or partner (if, and only if, he or she is a spouse or partner who is not receiving or applying for a main benefit under this Act (as defined in section 3(1)) 30 in his or her own right) of a person who contacts the de- partment on or after 15 July 2013 requesting financial assistance under this Act, if the chief executive consid- 25 “(a) “(b) 14 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 9 ers that the appropriate financial assistance would be a benefit that is— “(i) “(ii) jobseeker support; or a supported living payment on the grounds of sickness, injury, disability, or total blindness; or 5 “(iii) an emergency benefit.
“(2) The chief executive may (for the purpose stated in sec- tion 1A(a)(ii)) require a person to whom this section applies (unless the chief executive has determined that the person has not the capacity to seek, undertake, and be available for 10 part-time work), to do any or all of the following: “(a) “(b) undertake 1 or more stated pre-benefit activities: at any time before the benefit to which subsection (1)(a) or (b) applies commences, attend and participate in any interview for an opportunity of suitable employ- 15 ment to which the person is referred by the chief execu- tive: at any time before the benefit to which subsection (1)(a) or (b) applies commences, accept any offer of suitable employment (whether or not the offer results 20 from an interview of the kind described in paragraph (b)).
“(c) 25 “(b) “(3) Pre-benefit activity, in this section and sections 11F to 11H, means an activity that is not an activity in the community (as defined in section 3(1)), but is all or any of the following: attending and participating in an employment related “(a) seminar provided by the department or by any other person approved by the chief executive for the purpose: attending and participating in employment related train- ing approved by the chief executive for the purpose: attending and participating in any interview with an of- ficer of the department: completing any self-assessment or planning required by the chief executive: any other activity stated in regulations under sec- 35 tion 132J.
“(d) “(c) “(e) 30 “(4) Suitable employment, for the purposes of subsection (2),— in relation to a person who has a dependent child aged under 14 years, and to whom this section applies by “(a) 15 Part 1 cl 9 Social Security (Benefit Categories and Work Focus) Amendment Bill virtue of subsection (1)(a)(ii) or (b), means employ- ment that would be suitable employment within the meaning of section 3(1) if he or she were a part-time work-tested beneficiary: in relation to a person for whom the chief executive 5 considers that the appropriate financial assistance under this Act would be jobseeker support on the ground of sickness, injury, or disability, means employment that would be suitable employment within the meaning of section 3(1) if he or she were a part-time work-tested 10 beneficiary: in relation to any other person, means employment that would be suitable employment within the meaning of section 3(1) if he or she were a work-tested beneficiary.
“(b) “(c) “(5) A requirement under subsection (2) may be oral or writ- 15 ten and, in the case only of a requirement under subsection (2)(a), may be revoked orally or in writing in accordance with subsection (7).

“(6) A pre-benefit activity stated under subsection (2)(a) must be available for the person to undertake not later than 10 working 20 days after the date of first contact.
“(7) The chief executive may revoke a requirement that the person undertake a pre-benefit activity under subsection (2)(a) if, and only if, the chief executive considers the requirement is no longer reasonable.
“11F Pre-benefit activities: department must explain requirements The chief executive must take reasonable and appropriate steps to make every person on whom any requirements are placed under section 11E(2) aware of the following: “(a) the person’s obligations in relation to the requirements; and the consequences of failure to comply with the require- ments; and “(b) 25 30 “(c) when a requirement is to be, or has been, revoked, and 35 when the revocation takes, or took, effect.
16 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 9 “11G Pre-benefit activities: consequences of non-compliance “(1) by applicant In this section,— “applicant, means a person to whom section 11E(1)(a) ap- plies “specified benefit means the benefit 11E(1)(a) applies.
to which section 5 “(2) The chief executive is not required to investigate under sec- tion 12 a claim for the specified benefit made by the applicant unless satisfied that the applicant has undertaken any required 10 pre-benefit activities.

“(4) “(3) Subsection (2) applies whether or not the applicant has com- pleted the form of application for the specified benefit.
If the applicant fails to undertake any required pre-benefit ac- tivities within 20 working days after the date of first contact, 15 any application for the specified benefit the applicant has made lapses.

“(5) Subsection (4) overrides section 11D(7).

“(6) This subsection applies to an applicant if the chief executive “(7) considers that the applicant has, without a good and sufficient 20 reason, failed to comply with a requirement under section 11E(2)(b) or (c).
If subsection (6) applies to an applicant, the chief executive must, as the case requires,— “(a) “(b) refuse to grant the applicant the specified benefit; or terminate any grant of the specified benefit already made to the applicant.
25 “11H Pre-benefit activities: consequences of non-compliance by “(1) applicant’s spouse or partner In this section,— “applicant means a person who contacts the department in accordance with section 11E(1)(b) “applicant’s spouse or partner means an applicant’s spouse or partner to whom section 11E(1)(b) applies “specified benefit means tion 11E(1)(b) applies.
the benefit to which sec- 35 30 17 Part 1 cl 10 Social Security (Benefit Categories and Work Focus) Amendment Bill “(2) This subsection applies to an applicant’s spouse or partner if the chief executive considers that the applicant’s spouse or partner— “(a) has failed to undertake a required pre-benefit activity within 20 working days after the date of the applicant’s 5 first contact; or “(3) “(b) has failed without a good and sufficient reason to com- ply with a requirement under section 11E(2)(b) or (c).
If subsection (2) applies to an applicant’s spouse or partner, the applicant receives the following (if all or any of them is 10 granted) at the following rate or rates only: “(a) “(b) the specified benefit—half of the rate of that benefit payable to a beneficiary who is married or in a civil union or in a de facto relationship whose spouse or part- ner is not granted a benefit in his or her own right: the accommodation supplement, temporary additional support, or both (if any), to which the applicant and the applicant’s spouse or partner would apart from this subsection be entitled—half of the otherwise applicable rate or rates.
“(4) Subsection (3) overrides other provisions of this Act but does not preclude a review under section 81.” Rights of appeal: work test obligations: drug testing obligations 10 Section 12J amended (Rights of appeal) After section 12J(1), insert: “(1AA) No appeal lies under subsection (1)(a) against a decision under section 116C(2)(a) against which an appeal lies under section 10B(1)(g) to the medical board.” Sole parent support New Part 1B inserted Replace sections 21, 21A (as inserted on 15 October 2012 by section 35 of the Social Security (Youth Support and Work Focus) Amendment Act 2012), and 24 and the cross-heading above section 21 with: 11 18 15 20 25 30 35 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 11 “Part 1B “Sole parent support “20A Sole parent support: meaning of applicant Applicant, in this section and sections 20B to 20H and Schedule 3A, means a person who is any of the following: “(a) 5 “(b) “(c) “(d) a person who is the mother or father of 1 or more de- pendent children and who is living apart from, and has lost the support of or is being inadequately maintained by, the person’s spouse or partner: a single person who is the mother or father of 1 or more 10 dependent children: a person whose marriage or civil union has been dis- solved, and who is the mother or father of 1 or more dependent children: a person who is the mother or father of 1 or more de- 15 pendent children and who has lost the regular support of the person’s spouse or partner because that spouse
 or partner is subject to a sentence of imprisonment and is— “(i) serving the sentence in a prison (as defined in 20 section 3(1) of the Corrections Act 2004); or subject to release conditions (as defined in sec- tion 4(1) of the Parole Act 2002) that prevent him or her undertaking employment: “(ii) “(e) “(f) a person who is the mother or father of 1 or more de- 25 pendent children and who has lost the regular support of the person’s spouse or partner because that spouse or partner is subject to a sentence
 of supervision, intensive supervision, or home detention and is subject to condi- tions (including post-detention conditions of a sentence 30 of home detention) that prevent that spouse or partner from undertaking employment: a person who is the mother or father of 1 or more de- pendent children and whose spouse or partner has died.
“20B Sole parent support: when dependent child may be 35 regarded as applicant’s child The chief executive may, in his or her discretion, regard a de- pendent child as being a child of an applicant, and the applicant 19 Part 1 cl 11 Social Security (Benefit Categories and Work Focus) Amendment Bill as being the mother or father of the child, for the purposes of sections 20A and 20C to 20H and Schedule 3A, if— “(a) the child— “(i) “(ii) was at any time maintained by the applicant’s 5 is being maintained by the applicant; and spouse or partner; or “(b) neither an orphan’s benefit nor an unsupported child’s benefit is payable in respect of the child, but— “(i) section 28(a) is complied with for each of the child’s natural or adoptive parents; or section 29(b) is complied with for care for the child and full provision for the child’s support; or “(ii) 10 “(c) the child’s parents are unwilling to support the child because of circumstances the chief executive considers 15 exceptional.
“20C Split custody “(1) This section applies to the parents of 2 or more dependent chil- dren if,— “(a) “(b) “(c) the parents are living apart; and each parent is the principal caregiver of 1 or more of the children; and but for this section, both parents would be entitled to sole parent support.
20 “(2) Only 1 of the 2 parents is entitled to sole parent support, and 25 the parent who is entitled to sole parent support must be— “(a) the parent already receiving sole parent support in re- spect of any of the children; or the parent whom the chief executive considers was the principal caregiver in respect of the children immedi- 30 ately before the parents began living apart, if no parent is already receiving sole parent support in respect 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 35 caregiver in respect of the children before they began living apart, or the chief executive is unable to ascertain “(b) “(c) 20 5 10 15 20 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 11 which parent was the principal caregiver in respect of the children immediately before they began living apart.
“(3) This section does not apply if each parent has become the prin- cipal caregiver in respect of at least 1 child under 1 or more orders— “(a) made by a court of competent jurisdiction; and “(b) about the role of providing day-to-day care for children.

“(4) Child, in this section, means a dependent child of the par- ents— “(a) “(b) born of their relationship; or adopted by the parents or by one of the parents during their marriage or civil union or de facto relationship.
“20D Sole parent support: standard eligibility requirements “(1) An applicant is entitled to sole parent support if the chief ex- ecutive is satisfied that the applicant— “(a) meets the residential requirements in section 74AA; and “(b) “(c) is aged 19 years or over; and is caring for a dependent child who is, or dependent children 1 or more of whom is or are, aged under 14 years; and is either— “(i) “(d) a person in section 20A(a), (b), (c), or (f) who is not living together with his or her spouse or partner (if any), or the other parent (if any) of that dependent child or of all or any of those depend- 25 ent children; or a person in section 20A(d) or (e).
“(ii) “(2) Subsection (1) is subject to the other provisions of this Act.

“20E Sole parent support: obligations on beneficiaries A person who receives sole parent support under section 20D 30 must— “(a) comply with any obligation arising under section 60Q; and comply with the person’s social obligations under sec- tion 60RA(3); and if he or she is a work-tested sole parent support benefi- ciary, comply with the work test.
“(b) “(c) 35 21 Part 1 cl 12 Social Security (Benefit Categories and Work Focus) Amendment Bill “20F Sole parent support: payment “(1) Sole parent support commences in accordance with section 80.

“(2) Sole parent support must be paid in weekly instalments, in accordance with section 82.

“(3) Payment of sole parent support may be suspended or cancelled 5 in accordance with sections 80 to 82.

“(4) Subsection (3) does not limit any other provision in this Act.
“20G Sole parent support: rate “(1) Sole parent support must be paid to a person granted that bene- fit at the rate in Schedule 3A.

10 “(2) Subsection (1) is subject to the other provisions of this Act.

“20H Sole parent support: expiry, and replacement with jobseeker support, when youngest dependent child 14 “(1) An applicant’s sole parent support under section 20D expires on the date that the applicant’s youngest dependent child turns 15 14 years old.
“(2) But the applicant’s sole parent support is replaced with job- seeker support under section 88B that— commences on that date; and “(a) is deemed to be granted to him or her under sec- 20 “(b) tion 88B as if he or she had applied for it.
“(3) This section does not preclude a review under section 81 of whether the applicant satisfies the conditions of entitlement for jobseekeer support under section 88B.” 12 Sections 27A to 27D and 27H(1) and (2) and cross-heading 25 above section 27A repealed Repeal sections 27A to 27D and 27H(1) and (2) and the cross- heading above section 27A.

Supported living payment 13 Sections 27G and 27H(1B) repealed Repeal sections 27G and 27H(1B).
30 22 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 15 14 (1) (2) (3) (4) (5) Section 39F renumbered and amended (Purpose of invalid’s benefit) Section 39F is renumbered as section 40A.

Replace the heading to section 39F with “Supported living payment: purpose”.

In section 39F(1),— (a) replace “invalid’s benefit” with “supported living pay- ment”; and replace “people who—” with “people because they are people who fall within any 1 of the following 3 categor- 10 ies:”.
(b) 5 In section 39F(1)(a), before “have,”, insert “people who”, and replace “; or” with “:”.

In section 39F(1)(b), before “are”, insert “people who”, and replace “.” with “:”.
15 (6) After section 39F(1)(b), insert: “(c) people who are required to give full-time care and at- tention at home to some other person (other than their spouse or partner) who is a patient requiring care.” Replace section 39F(2) with: (7) “(2) The purpose in subsection (1) is to be considered in the context 20 of— “(a) “(b) the expectation that people of working age support themselves directly or indirectly through employment; and the fact that other measures are available for people who are temporarily unable to support themselves.” 25 15 (1) (2) (3) Section 40 renumbered and amended (Invalid’s benefit) Section 40 is renumbered as section 40B.
Replace the heading to section 40 with “Supported living 30 payment: on grounds of sickness, injury, disability, or total blindness: eligibility and ineligibility”.

In section 40(1), replace “who is aged 16 years or more is eligible for an invalid’s benefit if the chief executive is satisfied that—” with “is entitled to the supported living payment under 35 this section if he or she satisfies the criteria in subsections (1A) and (1B), and—”.
23 Part 1 cl 16 Social Security (Benefit Categories and Work Focus) Amendment Bill (4) (5) (6) Repeal section 40(1)(aa).

In section 40(1)(b), after “disability”, insert “arising (in either case)”.

In section 40(1)(b), replace “congenital defect” with “existing from birth”.

5 (7) After section 40(1), insert: “(1A) An applicant for the supported living payment under this sec- tion must be aged at least 16 years.
“(1B) An applicant for the supported living payment under this sec- (8) (9) tion must meet the residential requirements in section 74AA.” 10 In section 40(3A), replace “section 44A” with “section 40K”.

In section 40(4) and (5), replace “an invalid’s benefit” with “a supported living payment under this section”.

(10) Repeal section 40(6).


16 New sections 40C to 40H inserted After section 40 (as renumbered by section 15(1)), insert: 15 “40C Supported living payment: on grounds of sickness, injury, disability, or total blindness: medical examination “(1) This section applies to a person who is an applicant for, or a person in receipt of, a supported living payment on the grounds 20 of sickness, injury, disability, or total blindness.
“(2) The chief executive may require the applicant or beneficiary to submit himself or herself for examination by a medical practi- tioner or a psychologist.

The medical practitioner or psychol- ogist must be agreed for the purpose between the applicant 25 or beneficiary and the chief executive, or, failing agreement, must be nominated by the chief executive.
“(3) The medical practitioner or psychologist must certify whether, in the medical practitioner’s or psychologist’s opinion, the ap- plicant or beneficiary is, or is not, or whether there is doubt 30 about whether the applicant or beneficiary is or is not, (as the case may be)— “(a) permanently and severely restricted in his or her cap- acity for work; or totally blind.
35 “(b) 24 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 16 “(4) A certificate given under this section must state the grounds upon which the opinion is founded.

“(5) A certificate given under this section must, in the case of doubt referred to in subsection (3), and may, in any other case, indicate a date for review of the permanency, severity, or both, 5 of the applicant’s or beneficiary’s sickness, injury, or disability.
“40D Supported living payment: on grounds of caring for patient requiring care: eligibility “(1) A person is entitled to a supported living payment under this section if he or she satisfies the criteria in subsections (2) 10 and (3), and the chief executive is satisfied that the person is required to give full-time care and attention at home to some other person (other than the person’s spouse or partner) (in this section and section 40E called the patient) who would otherwise have to receive care that is, or is equivalent to,— 15 hospital care, rest home care, or residential disability “(a) care, within the meaning of the Health and Disability Services (Safety) Act 2001; or care of the kind referred to in section 141 of the Chil- dren, Young Persons, and Their Families Act 1989 20 (which is a section relating to care of severely disabled children and young persons).
“(b) “(2) An applicant must not be granted a supported living payment under this section unless,— “(a) in the case of an applicant without a dependent child, he 25 or she is aged at least 18 years: in any other case, he or she is aged at least 19 years.

“(b) “(3) An applicant for a supported living payment under this section must meet the residential requirements in section 74AA.
“(4) A benefit granted under this section may, in the chief ex- 30 ecutive’s discretion, be continued for a period not exceeding 28 days even though the patient was not during that period in the full-time care of the beneficiary.
25 Part 1 cl 16 Social Security (Benefit Categories and Work Focus) Amendment Bill “40E Supported living payment: on grounds of caring for patient requiring care: medical examination “(1) Every application for a supported living payment on the grounds of care at home for a patient requiring care must be supported by the certificate of a medical practitioner certify- 5 ing— “(a) that the patient requires the applicant’s full-time care and attention; and that, but for that care and attention, the patient would have to receive care that is, or that is equivalent to, care 10 of a kind specified in section 40D(1)(a) or (b).
“(b) “(2) The chief executive may, in the chief executive’s discretion, require that the patient be examined by a medical practitioner to be nominated for the purpose by the chief executive.

“(3) A medical practitioner nominated under subsection (2) must 15 determine whether the patient would, but for the applicant’s full-time care and attention, have to receive care that is, or is equivalent to, care of a kind specified in section 40D(1)(a) or (b).
“40F Supported living payment: on grounds of sickness, injury, 20 disability, or total blindness: beneficiary’s obligations A person who is granted a supported living payment on the grounds of sickness, injury, disability, or total blindness, must,— “(a) if section 60Q(1)(bb) applies to the person, comply 25 with any requirements under section 60Q(3); and if he or she is a person who has 1 or more dependent children, comply with the person’s social obligations under section 60RA(3).
“(b) “40G Supported living payment: on grounds of sickness, 30 injury, disability, or total blindness: spouse’s or partner’s obligations “(1) This section applies to the spouse or partner of a person granted a supported living payment on the grounds of sick- ness, injury, disability, or total blindness, at a work-test couple 35 rate.
“(2) A person to whom this section applies— 26 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 17 “(a) must comply with all obligations arising under section “(b) “(c) 60Q; and if he or she is a person who has 1 or more dependent children, comply with the person’s social obligations under section 60RA(3); and if he or she is a work-tested spouse or partner, must comply with the work test.
5 “40H Supported living payment: on grounds of caring for patient requiring care: beneficiary’s obligations A person who is granted a supported living payment on the 10 grounds of care at home for a patient requiring care, must,— if section 60Q(1)(bc) applies to the person, comply “(a) with any requirements under section 60Q(3); and if he or she is a person who has 1 or more dependent children, comply with the person’s social obligations 15 under section 60RA(3).” “(b) 17 Sections 42 and 42A replaced Replace sections 42 and 42A with: “40I Supported living payment: rates “(1) A supported living payment must be paid to a person granted 20 that benefit at the appropriate rate in Schedule 6.
“(2) Subsection (1) is subject to the provisions of this Act.

“(3) This subsection applies to a person who is married or in a civil union or in a de facto relationship and— “(a) has a psychiatric, intellectual, physical, or sensory dis- 25 ability; and is receiving long-term residential care in a hospital or rest home because he or she has that disability; but has not been means assessed under Part 4.
“(b) “(c) “(4) A supported living payment payable to a person to whom sub- 30 section (3) applies is not apportioned under section 83 and must be paid, despite subsection (1), at half of the appropri- ate rate in Schedule 6.
“(5) A supported living payment payable to the spouse or partner of a person to whom subsection (3) applies (being a spouse 35 or partner who is not receiving long-term residential care in a 27 Part 1 cl 18 Social Security (Benefit Categories and Work Focus) Amendment Bill hospital or rest home) is not apportioned under section 83 and must be paid, despite subsection (1), at the rate in Schedule 6 that would be appropriate if he or she were entitled to a sup- ported living payment in his or her own right and were single.” Section 43 renumbered and amended (Subsidy on earnings of blind beneficiaries) Section 43 is renumbered as section 40J.
Replace the heading to section 43 with “Supported living payment: subsidy on totally blind beneficiaries’ earnings”.
Sections 44 and 44A replaced Replace sections 44 and 44A with: 5 10 18 (1) (2) 19 “40K Supported living payment: on grounds of sickness, injury, or disability: encouraging open employment “(1) The purpose of this section is to encourage specified recipients of a supported living payment to undertake open employment 15 in order to establish whether they can sustain that employment and cease receiving that benefit.
“(2) This section applies to a person who— “(a) “(b) is receiving a supported living payment granted on the ground of permanent and severe restriction of capacity 20 for work; but is with the chief executive’s agreement undertaking open employment for a period agreed with the chief executive in order to establish whether the person can sustain open employment.
25 “(3) The period of open employment agreed with the chief execu- tive under subsection (2)(b) must not exceed 26 weeks (even if that employment is, or is expected to be, for a period that is longer than the agreed period).
“(4) A person to whom subsection (2) applies does not lose his 30 or her entitlement to a supported living payment by reason only of working 15 or more hours a week in open employment during the agreed period.” 28 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 21 Sickness benefit abolished 20 Sections 54, 54A, 54B, 54D, 54DA, 54E, and 54F and cross-heading above section 54 repealed Repeal sections 54, 54A, 54B, 54D, 54DA, 54E, and 54F and the cross-heading above section 54.
5 Beneficiaries having additional dependent child: exempting people resident in certain overseas countries, and eligibility for sole parent support 21 Section 60GAE amended (Beneficiaries having additional dependent child: general) 10 (1) After section 60GAE(1) (as inserted on 15 October 2012 by section 39 of the Social Security (Youth Support and Work Focus) Amendment Act 2012), insert: “(1A) Subsection (1) does not apply to a person at a time when— 15 (2) “(a) there is in force under section 19(1) of the Social Wel- fare (Transitional Provisions) Act 1990 an order declar- ing that the provisions contained in an agreement or convention with the government of another country set out in a schedule to the order have force and effect so 20 far as they relate to New Zealand; and “(b) he or she is ordinarily resident in that country.” In section 60GAE(2) (as so inserted), after “section 60Q(1)”, insert “or for the purposes of section 20D(1)(c) (which re- lates to eligibility for sole parent support)”.
(3) After section 60GAE(3) (as so inserted), insert: “(3A) In applying subsection (2) to a beneficiary of a kind speci- fied in 1 of the following paragraphs for the purposes only of section 20D(1)(c) (which relates to eligibility for sole parent support), ‘An additional dependent child aged 1 or over’ must 30 be read as ‘An additional dependent child at all times after that child is born’: “(a) a beneficiary transferred to jobseeker support by clause 2(9) of Schedule 32: a beneficiary whose sole parent support under section 35 20D expired on the date that the beneficiary’s youngest “(b) 25 29 Part 1 cl 22 Social Security (Benefit Categories and Work Focus) Amendment Bill dependent child turned 14 years old, and has been re- placed with jobseeker support, under section 20H.” Obligations to work with contracted service providers 22 New section 60GAG inserted (Obligations to work with contracted service providers) After section 60GAF (as inserted on 15 October 2012 by sec- tion 39 of the Social Security (Youth Support and Work Focus) Amendment Act 2012), insert: 5 “60GAG Obligations to work with contracted service providers 10 “(1) A person who is receiving in his or her own right, or as the spouse or partner of the person granted the benefit concerned, an emergency benefit, sole parent support, supported living payment, or jobseeker support, is subject to the following obli- gations: “(a) when required by the chief executive, to attend and participate in any interview with a contracted service provider specified
 by the chief executive: 15 “(b) when required by the chief executive, to attend and par- ticipate in any assessment of the person undertaken on 20 behalf of the chief executive by a contracted service provider specified by the chief executive: “(c) when required by the chief executive, to co-operate with a contracted service provider specified by the chief ex- ecutive in facilitating the provision of the services that 25 the provider has been contracted to provide in relation to the person’s obligations
 under all or any of the fol- lowing: “(i) “(ii) section 60RA(3) (social obligations): “(iii) conditions (subject to which an emergency bene- fit is granted or continued) that the chief execu- tive thinks fit to impose, or determines, under section 61(1) or (3): section 60Q (work preparation obligations): 30 “(iv) section 102A (work test obligations): 35 “(d) when required by the chief executive, to report to a con- tracted service provider specified by the chief executive on the person’s compliance with the person’s obliga- 30 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 24 tions under this Act as often as, and in the manner that, the provider reasonably requires.
“(2) The chief executive must take reasonable and appropriate steps to make every person on whom obligations are imposed under subsection (1) aware of— those obligations; and “(a) the consequences of failure to comply with those obli- “(b) gations.
5 “(3) A person who fails without a good and sufficient reason to comply with an obligation imposed on the person under sub- 10 section (1) is subject to the sanctions under section 117.” Work preparation exercise 23 Section 60HA repealed (Work preparation exercise) Repeal section 60HA.
24 (1) Certain obligations may be placed on beneficiaries and their spouses and partners 15 Section 60Q amended (Certain obligations may be placed on beneficiaries and their spouses and partners) Before section 60Q(1)(c) (as replaced on 15 October 2012 by section 40 of the Social Security (Youth Support and Work 20 Focus) Amendment Act 2012), insert: “(ba) is a sole parent with a dependent child under the age of 1 year, and is a recipient of a benefit under sec- tion 88B (jobseeker support) instead of a benefit under section 20D (sole parent support) solely because that 25 child is an additional dependent child (within the mean- ing of section 60GAE(1)); or “(bb) is the recipient of a benefit under section 40B (sup- ported living payment on the grounds of sickness, in- jury, disability, or total blindness) if the chief executive 30 is satisfied that the person has the capacity to comply with obligations under subsection (3); or “(bc) is the recipient of a benefit under section 40D (sup- ported living payment on the grounds of caring for pa- tient requiring care) if the chief executive is satisfied 35 31 Part 1 cl 25 Social Security (Benefit Categories and Work Focus) Amendment Bill that the person has the capacity to comply with require- ments under subsection (3); or”.
(2) After section 60Q(1) (as so replaced), insert: “(1A) This section also applies (despite subsection (1)) to a person who— “(a) is a work-tested beneficiary (other than one to whom subsection (1)(ba) applies); and 5 “(b) has been granted under section 88I a deferral of the person’s work test obligations.” (3) (4) In section 60Q(2) (as so replaced), after “A person to whom 10 this section applies”, insert “(other than a person to whom sub- section (1)(bb) or (bc) applies)”.
In section 60Q(3) (as so replaced), after “a person to whom this section applies”, insert “(including, without limitation, a person to whom subsection (1)(bb) or (bc) applies)”.
15 (5) After section 60Q(3)(a) (as so replaced), insert: “(aa) when required by the chief executive, to attend and par- ticipate in an interview with an officer of the department or other person on behalf of the chief executive: “(ab) when required by the chief executive, to report to the 20 department or to any other person acting on behalf of the chief executive on the person’s compliance with the person’s obligations under this section as often as, and in the manner that, the chief executive reasonably re- quires:”.
25 Social obligations of certain beneficiaries with dependent children 25 New sections 60RA to 60RC inserted After section 60R (as replaced on 15 October 2012 by sec- tion 40 of the Social Security (Youth Support and Work Focus) 30 Amendment Act 2012), insert: “60RA Social obligations of certain beneficiaries with dependent children “(1) This section applies to a person if the person— “(a) “(b) is a person with 1 or more dependent children; and is receiving (either as the person granted the benefit, or as the spouse or partner of the person granted the 35 32 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 25 benefit) a benefit that is jobseeker support, sole parent support, a supported living payment, or an emergency benefit.
“(2) A dependent child (as defined in section 3(1)) of a person re- ceiving a benefit described in subsection (1)(b) is (despite 5 section 3) for the purposes of this section and of all related provisions in this Act (for example, for the purposes of sec- tion 60RC) also a dependent child of that person’s spouse or partner (if any).
“(3) A person to whom this section applies has the following social 10 obligations: “(a) to take all reasonable steps to ensure that every depend- ent child aged 3 years or more but less than 6 years and who is not enrolled at and regularly attending a regis- tered school (as defined in section 2(1) of the Education 15 Act 1989) is— “(i) enrolled in an approved early childhood educa- tion programme (as defined for the purposes of this subsection in regulations made under sec- tion 132AC); and attending that programme to the minimum ex- tent prescribed, and otherwise in the manner pre- scribed, for the purposes of this subparagraph by regulations made under section 132; and 20 “(ii) “(b) “(c) to take all reasonable steps to ensure that every depend- 25 ent child aged 6 years or more but less than 16 years, or aged 5 years or more but less than 6 years and who is not enrolled in and regularly attending an approved early childhood education programme, is (except inso- far as the child is aged 6 years or more and is excepted 30 or exempted from the requirements of sections 20 and 25 of the Education Act 1989)— “(i) enrolled at a registered school (as defined in sec- tion 2(1) of that Act); and regularly attending that registered school; and “(ii) to take all reasonable steps to ensure that every depend- ent child is enrolled with a primary health care provider (for example, a primary health organisation, or a med- 35 33 Part 1 cl 25 Social Security (Benefit Categories and Work Focus) Amendment Bill “(d) ical
 practitioner whose scope of practice is or includes general practice); and to take all reasonable steps to ensure that every depend- ent child under the age of 5 years is up to date with checks under— the that “(i) 15 July 2013 was known as Well Child; or any similar programme established in its place; and immediately programme before “(ii) 5 “(e) when required by the chief executive, to attend and par- 10 ticipate in any interview with an officer of the depart- ment or other person on behalf of the chief executive; and “(f) when required by the chief executive, to report to the department or to any other person acting on behalf of 15 the chief executive on the person’s compliance with the person’s social obligations as often as, and in the man- ner that, the chief executive reasonably requires.
“60RB Social obligations: department must explain requirements The chief executive must take reasonable and appropriate steps to make every beneficiary who has social obligations under section 60RA(3) aware of— “(a) the beneficiary’s social obligations under section 60RA(3); and the consequences of failure to comply with them.
“(b) 20 25 “60RC Social obligations: sanctions for failures to comply “(1) A beneficiary who fails without good and sufficient reason to comply with a social obligation is, except as provided in sub- sections (2) and (3), subject to the sanctions in section 117.
30 “(2) A beneficiary’s failure to comply with the social obligation in section 60RA(3)(b) (which relates to specified dependent children being enrolled at and regularly attending a registered school) cannot be the subject of sanctions under section 117 if that failure is the subject of a prosecution commenced against 35 the beneficiary, and not withdrawn before it is finally deter- mined, for an offence against— 34 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 27 “(a) “(b) section 24(1) of the Education Act 1989 (failure to en- rol); or (as the case requires); or section 29(1) of the Education Act 1989 (irregular at- tendance).
“(3) Before giving the beneficiary a notice under section 113, 5 and imposing a sanction under section 117, for a bene- ficiary’s failure to comply with a social obligation under section 60RA(3), the chief executive must first be satisfied that, on at least 3 previous occasions, the department has had communication (of any kind, and in any manner) with the 10 beneficiary in respect of the beneficiary’s compliance with, or an actual or potential failure of the beneficiary to comply with, any social obligation of the beneficiary.
“(4) This subsection applies to a beneficiary on whom sanctions in section 117 have been imposed in respect of a failure by the 15 beneficiary without good and sufficient reason to comply with a social obligation.

“(5) The chief executive may give a beneficiary to whom subsec- tion (4) applies a notice (to be delivered in accordance with section 86J) to the effect that the department is to intensify its 20 case management support in respect of the beneficiary.
“(6) A beneficiary to whom a notice under subsection (5) has been delivered in accordance with section 86J must, when re- quired by the chief executive, attend and participate in any interview with an officer of the department.” 25 26 New section 61AA inserted (Social obligations of person receiving emergency benefit) After section 61, insert: “61AA Social obligations of person receiving emergency benefit A person who is receiving an emergency benefit, and who is a 30 person with 1 or more dependent children, must comply with the person’s social obligations under section 60RA(3).” 27 Section 61A amended (Obligations of spouse or partner of person granted emergency benefit) In section 61A(1A)(a), replace “aged 6” with “aged 5”.
(1) (2) After section 61A(2), insert: 35 35 Part 1 cl 28 Social Security (Benefit Categories and Work Focus) Amendment Bill “(3) A person with 1 or more dependent children, and who is re- ceiving an emergency benefit as the spouse or partner of an- other person granted that benefit, must comply with the per- son’s social obligations under section 60RA(3).” Disability allowance: preferred supplier and funding of specified expenses 5 28 (1) Section 69C amended (Disability allowance) In section 69C(1), replace “Subject to subsections (2) to (4), the” with “The”.
(2) After section 69C(1), insert: “(1A) Subsection (1) is subject to subsections (2) to (4) of this sec- 10 tion, and to regulations under section 132AD.” (3) After section 69C(7), insert: “(7A) This subsection applies to a person if— “(a) “(b) “(c) any additional expenses arising from a disability relate 15 to the supply of any goods or services to the person or a member of the person’s family; and all or a specified part of a disability allowance is granted in respect of the supply of the goods or services and is not under section 82(3) wholly directed to be paid for 20 any other purpose; and those goods or services are of a class, description, or kind supplied by a preferred supplier under a contract entered into with the chief executive under sec- tion 125AA.
25 “(7B) If subsection (7A) applies to a person,— “(a) “(b) the person must purchase the goods or services from a preferred supplier nominated in writing by the chief executive at the price determined by the contract under section 125AA with that supplier; and the chief executive must, despite subsections (1) to (7), pay all, or the specified part, of the disability allowance that is granted in respect of the supply of the goods or services to that supplier in consideration of the supply of the goods or services to the person or the person’s 35 family member.
30 36 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 29 5 “(7C) However, if the disability allowance granted to the person to whom subsection (7A) applies is granted at the maximum appropriate rate specified in Schedule 19, the chief executive may, in the chief executive’s discretion, determine in writing that, despite subsection (7B),— “(a) all, or the specified part, of the disability allowance that is granted in respect of the supply of the goods or ser- vices must be paid to the person for use only to purchase any 1 or more of the goods or services in respect of the supply of which the disability allowance is granted; and 10 if the goods or services that the person purchases under paragraph (a) are goods or services supplied by the nominated preferred supplier under the contract entered into with the chief executive under section 125AA, then the person must purchase them from that supplier 15 at the price determined by that contract.
“(7D) No appeal under this Act lies against any chief executive’s “(b) 29 (1) decision under subsection (7B) or (7C).” Residential requirements for certain benefits: people ordinarily resident overseas 20 Section 74AA amended (Residential requirements for certain benefits) Replace section 74AA(1)(c) with: “(c) except in the case of a person who is recognised as a refugee or a protected person in New Zealand under 25 the Immigration Act 2009, has resided continuously in New Zealand for a period of at least 2 years at any one time,— “(i) if subsection (1A) applies to the person,— “(A) before he or she applies for the benefit; or 30 “(B) before a decision on his or her claim for the benefit is made under section 12; and in any other case, after the day on which para- graph (a) first applied to him or her.” “(ii) (2) In section 74AA(1A), replace “Subsection (1) does” with 35 “Subsection (1)(a) and (b) do”.
37 Part 1 cl 30 Social Security (Benefit Categories and Work Focus) Amendment Bill Effect on benefit of warrant to arrest beneficiary 30 New section 75B inserted (Effect on benefit of warrant to arrest beneficiary) After section 75A, insert: 5 “75B Effect on benefit of warrant to arrest beneficiary “(1) This section applies to a beneficiary who is not a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989), and who does not fall within a class, description, or kind of beneficiary excluded from the operation of this section by regulations made under section 132L, if the 10 chief executive is satisfied (based on information available to the chief executive) that— “(a) criminal proceedings have been commenced against the beneficiary in a New Zealand court for an offence (other than an offence of a class, description, or kind 15 excluded from the operation of this paragraph by regu- lations made under section 132L); and a New Zealand court has in, or in connection with, those criminal proceedings, issued a warrant for the benefi- ciary’s arrest; and at least 28 days have elapsed since the date on which the warrant was issued.
20 “(2) The chief executive must as soon as practicable give the bene- ficiary a notice (to be delivered in accordance with section 86J) that— “(a) 25 allows a period of 10 working days within which the beneficiary may dispute that he or she is the person to whom the warrant to arrest applies or take steps to re- solve the warrant; and specifies the steps that the beneficiary may take to dis- 30 pute that he or she is the person to whom the warrant to arrest applies or to resolve the warrant; and specifies the consequences of the beneficiary’s not re- solving the warrant within that 10-working-day period.
“(3) This subsection applies to the beneficiary unless, at the end 35 of the 10-working-day period specified in the notice, the chief executive is satisfied (based on evidence provided by the bene- ficiary, or other information available to the chief executive, or both) of 1 of the following: 38 “(b) “(c) “(b) “(c) Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 30 “(a) “(b) that the beneficiary is not the person to whom the war- rant applies; or that the warrant has been resolved.
“(4) The benefit of a beneficiary to whom subsection (3) applies is not payable until the chief executive is satisfied (based on 5 information provided by the beneficiary, otherwise available to the chief executive, or both) of 1 of the following: “(a) that the beneficiary is not the person to whom the war- rant applies; or that the warrant has been resolved.
“(b) 10 “(5) Despite subsections (1)(c) and (2) to (4), the chief execu- tive may suspend immediately the benefit of a beneficiary to whom subsection (1)(a) and (b) apply if satisfied that— “(a) the department has received from the New Zealand Po- lice a written request to suspend the beneficiary’s bene- 15 fit on the ground that the Commissioner of Police on reasonable grounds considers the beneficiary to be a risk to public safety; and that request is signed by the Commissioner of Police or a constable who is of or above the level of position of 20 inspector.
“(b) “(6) As soon as is reasonably practicable after a suspension under subsection (5) of the benefit of a beneficiary, the chief ex- ecutive must give the beneficiary a notice (to be delivered in accordance with section 86J) that— “(a) communicates the fact of, and reason for, the suspen- sion; and specifies the steps that the beneficiary may take to dis- pute that he or she is the person to whom the warrant applies or to resolve the warrant.
“(b) 25 30 “(7) The following apply to a benefit that is not payable under sub- section (4), or that is suspended under subsection (5), as if the benefit had been suspended under section 117: “(a) section 80C (effect of sections 60H to 60M and section 80BA on entitlement to supplementary benefits and on 35 spouses or partners): section 120 (modified effect in some cases of sanctions on rate of benefit for people married or in civil union or de facto relationship): “(b) 39 Part 1 cl 31 Social Security (Benefit Categories and Work Focus) Amendment Bill “(c) section 121 (effect of sanctions on benefit of sole par- ent).” When beneficiaries can be paid benefit while overseas, and suspensions of benefits based on discrepancies arising from departure information 5 31 Section 77 amended (Effect of absence of beneficiary from New Zealand) Replace section 77(2), (3), and (3A) with: (1) “(2) A benefit is payable to a beneficiary in respect of any 1 or more absences of the beneficiary from New Zealand equal to 10 or shorter than 4 weeks in total in any 52-week period if— “(a) the benefit is not a benefit of a kind specified in sub- section (2A); and the benefit would, but for those 1 or more absences, be payable to the beneficiary; and the chief executive is satisfied that the 1 or more ab- sences do not affect the beneficiary’s eligibility for the benefit.
“(b) “(c) “(2A) The kinds of benefits referred to in subsections (2)(a) and 15 20 (3)(a) are— “(a) “(b) “(c) “(d) sole parent support for a work-tested beneficiary: jobseeker support: an emergency benefit: any benefit that, but for the 1 or more absences referred to in subsection (2) or (3), would be payable to a 25 beneficiary who is subject to 1 or more requirements made under section 60Q(3): a youth payment or young parent payment.
“(e) The chief executive may, in the chief executive’s discretion, pay a benefit to a beneficiary in respect of any 1 or more ab- 30 sences of the beneficiary from New Zealand equal to or shorter than 4 weeks in total in any 52-week period if— “(a) the benefit is a benefit of a kind specified in subsection (2A); and the benefit would, but for those 1 or more absences, be 35 payable to the beneficiary; and “(b) “(3) 40 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 31 “(c) the chief executive is satisfied that the payment of the benefit complies with any applicable criteria prescribed for the purposes of this subsection by regulations made under section 132.
“(3AA) If satisfied that exceptional circumstances (as defined for 5 the purposes of this subsection by regulations made under sec- tion 132) apply to or in respect of a beneficiary, the chief ex- ecutive may, in the chief executive’s discretion, determine that a benefit may be paid under subsection (2) or (3) in respect of any 1 or more absences of the beneficiary from New Zealand 10 longer than 4 weeks in total in any 52-week period.
“(3A) The chief executive may, in the chief executive’s discretion, pay a supported living payment on the grounds of sickness, injury, disability, or total blindness for a period (not exceeding 6 weeks) in which a beneficiary (not being a work-tested 15 spouse or partner of a supported living payment beneficiary) is absent from New Zealand for the sole or predominant purpose of competing in any overseas multinational or international Special Olympic or Paralympic Games competition, if the chief executive is satisfied that the beneficiary would, but for 20 his or her absence from New Zealand, continue to be eligible for the supported living payment.” (2) After section 77(5), insert: “(6) No beneficiary has any entitlement under subsection (2), (3), “(7) (3AA), (3A), or (4) to be paid a benefit while overseas unless 25 that beneficiary has notified an officer of the department, be- fore that absence, of the beneficiary’s forthcoming absence.
In particular, if the beneficiary after departing from New Zealand notifies an officer of the department of the benefi- ciary’s current absence from New Zealand, the beneficiary’s 30 entitlement under subsection (2), (3), (3AA), (3A), or (4) to be paid a benefit while overseas (if the beneficiary is otherwise qualified to be paid that benefit) commences no earlier than the date of the notification.
“(8) Despite subsections (6) and (7), the chief executive may, 35 in his or her discretion, authorise the beneficiary’s entitlement under subsection (2), (3), (3AA), (3A), or (4) to commence 41 Part 1 cl 32 Social Security (Benefit Categories and Work Focus) Amendment Bill “(b) on or after the beneficiary’s departure if the chief executive is satisfied that— “(a) the beneficiary’s failure to notify an officer of the de- partment, before that absence, of the beneficiary’s forth- coming absence is justified for 1 or more good and suf- 5 ficient humanitarian reasons; and the beneficiary after departing from New Zealand no- tified an officer of the department of the beneficiary’s current absence from New Zealand as soon as was rea- sonably practicable in the circumstances.
“(9) Nothing in subsections (2) to (8) applies to the following: “(a) New Zealand superannuation payable under the New Zealand Superannuation and Retirement Income Act 2001: 10 “(b) veterans’ pensions payable under Part 6 of the War Pen- 15 “(c) sions Act 1954: entitlements pursuant to an agreement or convention that is given effect in relation to New Zealand by an Order in Council made pursuant to section 19 of the So- cial Welfare (Transitional Provisions) Act 1990.” 20 32 (1) (2) Privacy Act 1993 amended This section amends the Privacy Act 1993.
In section 103(1A), replace “a sickness, training, unemploy- ment, independent youth, or emergency benefit, or a job search allowance,” with “sole parent support, the supported living 25 payment, an emergency benefit, jobseeker support, a young parent payment, or a youth payment,”.
Removing exemptions from jobseeker support benefit stand down period while person in approved training 30 33 Section 80 amended (Commencement of benefits) In section 80(5)(a), replace “an unemployment benefit, a youth payment,” with “a youth payment”.
42 34 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 35 Backdating benefits in specified circumstances Section 80BA amended (Calculation of stand down) Replace section 80BA(4)(b) with: “(b) a benefit commences on the day on which the stand down period ends if the application for the benefit is 5 received within 28 days after the date on which the per- son becomes entitled to the benefit, and the benefit is— “(i) “(ii) “(iii) jobseeker support granted on the grounds of sick- 10 sole parent support; or a supported living payment; or “(iv) “(v) ness, injury, or disability; or jobseeker support granted to a sole parent; or jobseeker support granted to a person who has recently lost the financial support of his or her spouse or partner by reason of death, the spouses 15 or partners commencing to live apart, or the end- ing of a de facto relationship; or “(vi) a youth payment; or “(vii) a young parent payment.” 35 (1) (2) (3) “(5) (4) (5) Standardising benefit end dates 20 Section 80BD amended (Ending of benefits) In section 80BD(2), replace “(7)” with “(8)”.
In section 80BD(3), replace “a widow’s, domestic purposes, invalid’s, or youth payment, or young parent payment, or an unemployment benefit or a sickness benefit,” with “sole par- 25 ent support, a supported living payment, jobseeker support, a youth payment, or a young parent payment”.
Replace section 80BD(5) with: In all other cases, every benefit ends on a date set by the chief executive (being a date no later than 28 days after the date of 30 the beneficiary’s death).” In section 80BD(6) and (6A), replace “8 weeks” with “28 days”.
In section 80BD(6A),— (a) replace “domestic purposes benefit under section 27G” 35 with “supported living payment under section 40D”; and 43 Part 1 cl 36 Social Security (Benefit Categories and Work Focus) Amendment Bill (b) replace “sick or infirm person concerned if the benefi- ciary stops caring for the sick or infirm person because the person” with “patient requiring care concerned if the beneficiary stops caring for that patient because that pa- tient”.
5 (6) After section 80BD(7), insert: “(8) A supported living payment on the grounds of sickness, injury, disability, or total blindness and that is cancelled on medical grounds ends on a date set by the chief executive (being a date no later than 28 days after that cancellation of that benefit) if— 10 the person is, by reason of that cancellation, in hardship; “(a) or that cancellation of that benefit is a decision subject to an appeal under section 10B (being an appeal that has not yet been either withdrawn by the person, or finally 15 determined by the medical board under that section).” “(b) Expiry and re-grant of specified benefits 36 New sections 80BE and 80BF inserted After section 80BD, insert: “80BE Expiry and re-grant of specified benefits “(1) If it has not ceased earlier, a beneficiary’s entitlement to a spe- cified benefit ceases on the expiry date for that specified benefit (as those terms are defined in subsection (5)), and that benefit expires on that date.
The specified benefit may be re-granted if that beneficiary reapplies for it in accordance with require- 25 ments in this Act or in regulations under section 132M for re-grant of it.
20 “(2) The chief executive must, not less than 20 working days before the expiry date for the specified benefit, give notice to that beneficiary stating— “(a) that entitlement to that benefit will cease unless the beneficiary reapplies for that benefit and it is re-granted; and the date on which entitlement to that benefit will cease; and “(b) “(c) what the beneficiary must do to reapply for that benefit and the period within which he or she must do so.
44 30 35 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 36 “(3) Subsection (2) does not apply if, at the time the chief execu- tive is required to give notice under that subsection, the speci- fied benefit— “(a) is suspended because the beneficiary is undertaking temporary employment; or is not for the time being payable under this Act (for example, under section 76 or 77); or is suspended under any provision of this Act other than section 117.
“(b) “(c) 5 “(5) “(4) However, if at any time before the expiry date for that bene- 10 fit any of the circumstances described in subsection (3) no longer exist, then the chief executive must, as soon as prac- ticable, take reasonable steps to advise the beneficiary of the matters set out in subsection (2)(a) to (c).
In this section and section 80BF,— “expiry date, in relation to a specified benefit, means the ex- piry date prescribed for that specified benefit by regulations under section 132M “specified benefit means a benefit that is— “(a) “(b) jobseeker support; or any other benefit that is for the time being declared to be a specified benefit for the purposes of this section and section 80BF by regulations under section 132M.
15 20 “(6) However, a specified benefit that expires under this section in the week that is, or is the week immediately before, the 25 week that includes 26 December in a year must (despite sec- tion 80BD(1) and the rest of this section) continue to be paid until the first Monday after 2 January in the immediately fol- lowing year.
“(7) However, the chief executive may, in any circumstances in 30 which an exemption from expiry may be considered that are specified for the purposes of this section by regulations under section 132M, and by notice in writing copied as soon as practicable to every beneficiary concerned, exempt from ex- piry under this section, until an identified event or situation or 35 time, and on identified conditions (if any), all or any specified benefits of an identified beneficiary or of all beneficiaries who fall within an identified class or description.
45 Part 1 cl 36 Social Security (Benefit Categories and Work Focus) Amendment Bill “80BF Requirements for re-grant of specified benefits “(1) No specified benefit may be re-granted under this section to a person to whom section 80BE applies unless— “(a) the department has received— “(i) a reapplication form (provided by the chief ex- 5 ecutive for the purpose) completed by or on be- half of the beneficiary and his or her spouse or partner (if any) to the chief executive’s satisfac- tion; and any supporting evidence reasonably required by 10 the chief executive; and “(ii) “(b) the beneficiary and the beneficiary’s work-tested spouse or partner (if any) have participated, to the satisfaction of the chief executive, in a comprehensive work assess- ment of a kind specified by the chief executive.
15 “(2) Subsection (1)(b) is subject to subsection (8).

“(3) If, in relation to a person, the requirements of subsection (1) are completed on or before the expiry date (as defined in section 80BE) for the person’s specified benefit,— “(a) the chief executive must re-grant the person’s specified 20 benefit if the chief executive is satisfied that the person meets or continues to meet the eligibility criteria for that benefit; and if re-granted, that benefit commences on that expiry date.
25 “(b) If, in relation to a person, the requirements of subsection (1) are completed after, but within 20 working days after, the ex- piry date for the person’s specified benefit, and the chief ex- ecutive is satisfied that there were exceptional circumstances that prevented those requirements from being completed on or 30 before that expiry date,— “(a) the chief executive must re-grant the person’s specified benefit if the chief executive is satisfied that— “(i) the person meets the eligibility criteria for that benefit set out in section 88B; and after that expiry date, and unless exceptional cir- cumstances prevented the person from doing so, the person continued to meet the eligibility cri- teria for that benefit; and 35 “(ii) “(4) 46 “(5) Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 37 “(b) if re-granted, that benefit commences on that expiry date.
If a person intending to reapply for the specified benefit con- tacts the department on or before the expiry date for the per- son’s specified benefit,— “(a) the chief executive may set a time (being a time within 10 working days after that expiry date) before which the requirements of subsection (1) are to be completed; and if those requirements are completed before that time, 10 the chief executive may re-grant that benefit under sub- section (4).
“(b) 5 “(6) Subsections (1) to (5) override section 11D(1).
“(7) The specified benefit must not be re-granted under this section to a person, and any reapplication form received from or on 15 behalf of that person must be treated as an application form for the purposes of section 11D(2), if the requirements of sub- section (1)— “(a) are not completed within 20 working days after the ex- piry date for the person’s specified benefit; or “(b) were completed within that time but after that expiry date, and the chief executive is satisfied that there were no exceptional circumstances that prevented those re- quirements from being completed on or before that ex- piry date.
20 25 “(8) For the purposes of this section, a failure of a beneficiary’s work-tested spouse or partner to participate in a compre- hensive work assessment in accordance with subsection (1)(b)— “(a) must not be treated as a failure to complete the require- 30 ments of subsection (1); but “(b) must be treated as a failure by that spouse or partner to comply with his or her work test obligations.” Review of benefits 37 Section 81 amended (Review of benefits) After section 81(3), insert: 35 47 Part 1 cl 38 Social Security (Benefit Categories and Work Focus) Amendment Bill “(4) This subsection applies to a benefit granted, or entitlement to which arises, on a stated ground if, after reviewing that bene- fit under subsection (1), the chief executive considers that the beneficiary is more appropriately entitled to receive that bene- fit on another ground.
If subsection (4) applies to a benefit, the chief executive may cancel that benefit on the stated ground and grant it instead on the other ground.” “(5) One-off hardship assistance and redirection using preferred supplier Section 82 amended (Payment of benefits) 38 (1) After section 82(6A), insert: “(6AA) This subsection applies to the beneficiary if— 5 10 “(a) “(b) the immediate needs of the beneficiary relate to the sup- ply of any goods or services to the beneficiary or a mem- 15 ber of the beneficiary’s family; and the goods or services are of a class, description, or kind supplied by a preferred supplier under a contract entered into with the chief executive under section 125AA.
“(6AB) If subsection (6AA) applies to the beneficiary, the bene- 20 ficiary must purchase the goods or services from a preferred supplier nominated in writing by the chief executive at the price determined by the contract under section 125AA with that supplier, and— “(a) the amount of the advance payment of benefit for pur- 25 chasing the goods or services is the lesser of— “(i) “(ii) the price so determined; and the maximum amount of advance payment of benefit that is available to the beneficiary for that purpose; and “(b) the chief executive must, despite subsections (3), (6), and (6A), pay the advance payment of the benefit to that supplier in consideration of the supply of the goods or services to the beneficiary or the beneficiary’s family member.” (2) After section 82(6E), insert: “(6F) This subsection applies to a beneficiary if— 48 30 35 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 39 “(a) “(b) the chief executive has under section 125AA entered into a contract with a preferred supplier for the supply of goods or services (for example, electricity, gas, or telecommunications); and the beneficiary to obtain the advantage of that supply at 5 the price determined by that contract requests the chief executive in writing to pay, for a period identified by the chief executive, an agreed amount or agreed portion of the benefit payments payable to the beneficiary to the preferred supplier in consideration of the supply of 10 those goods or services to the beneficiary or a member of the beneficiary’s family.
“(6G) If subsection (6F) applies to a beneficiary,— “(a) “(b) the chief executive may, despite subsection (3), act on the beneficiary’s written request under subsec- 15 tion (6F), and accordingly pay the preferred supplier for the identified period the agreed amount or agreed portion of the benefit payments payable to the benefi- ciary in consideration of the supply of those goods or services to the beneficiary or the beneficiary’s family 20 member; and the beneficiary cannot withdraw from the redirection ar- rangement arising from that request unless the chief ex- ecutive, in his or her discretion, considers a withdrawal during the identified period is justified by special cir- 25 cumstances established to the chief executive’s satisfac- tion.” 39 Work test obligations: drug testing obligations Section 88A amended (Interpretation) In section 88A, insert in their appropriate alphabetical order: “controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975 “drug test, for a person, means a test to determine whether the person’s capacity to work, or be trained for employment, is impaired, by detecting the presence in the person’s body of 35 1 or more controlled drugs 30 49 Part 1 cl 39 Social Security (Benefit Categories and Work Focus) Amendment Bill “evidential drug test, for a person, means a drug test that, when undertaken by the person, complies with a standard that is— “(a) “(b) a standard for drug tests for evidential purposes; and a New Zealand standard, joint Australian/New
 Zealand 5 standard, or other national or international standard; and prescribed (whether under sections 22 to 25 of the Standards Act 1988, or otherwise) in regulations made under section 132 “(c) “(b) “fail, for a person and a drug test, means— “(a) if the drug test is a screening drug test or an evidential drug test, not to pass the drug test; or if the drug test is an evidential drug test, to in the situ- ation specified in section 102B(3) waive, and so under that section be taken for the purposes of this
 Act to have 15 failed, that evidential drug test 10 “pass, for a person and a drug test, means to undertake the drug test with the consequence that the drug test produces a valid result that— “(a) if the drug test is a screening drug test, does not indi- 20 cate the presence in the person’s body of 1 or more con- trolled drugs at or above the minimum level identified in the standard (prescribed in regulations made under section 132) with which the test complies; and if the drug test is an evidential drug test, does not de- 25 tect for evidential purposes the presence in the person’s body of 1 or more controlled drugs at or above the minimum level identified in the standard (prescribed in regulations made under section 132) with which the test complies 30 “(b) “screening drug test, for a person, means a drug test that— “(a) may indicate the presence in the person’s body of 1 or “(b) “(c) more controlled drugs; and is quicker, less formal, and less expensive than, and is designed for use in conjunction with, a drug test for 35 evidential purposes; and complies with a standard that is— “(i) a standard for drug tests for screening purposes; and 50 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 40 “(ii) a New Zealand standard, joint Australian/New Zealand standard, or other national or inter- national standard; and “(iii) prescribed (whether under sections 22 to 25 of the Standards Act 1988, or otherwise) in regulations 5 made under section 132”.
Jobseeker support (including deferral of work test obligations on grounds of sickness, injury, or disability) 40 Sections 89 to 99AB and cross-heading above section 89 replaced Replace sections 89 to 99AB and the cross-heading above sec- tion 89 with: 10 “Jobseeker support “88B Jobseeker support: standard eligibility requirements “(1) A person is entitled to jobseeker support if he or she satisfies 15 is seeking it; and is available for it; and the criteria in subsections (2), (3), and (4), and— is not in full-time employment, but— “(a) “(i) “(ii) “(iii) is willing and able to undertake it; and “(iv) has taken reasonable steps to find it; or is not in full-time employment and is willing to under- take it but, because of sickness, injury, or disability, is limited in his or her capacity to seek, undertake, or be 25 available for it; or is in employment, but is losing earnings because, through sickness or injury, he or she is not working at all, or is working only at a reduced level.
“(b) “(c) 20 “(2) An applicant for jobseeker support— “(a) must be aged at least 18 years, in the case of an applicant without a dependent child: “(b) must be aged at least 19 years, in any other case.

“(3) An applicant for jobseeker support must meet the residential requirements in section 74AA.
“(4) An applicant for jobseeker support must have— 30 35 “(a) no income; or 51 Part 1 cl 40 Social Security (Benefit Categories and Work Focus) Amendment Bill “(b) an income of less than the amount that would fully abate that benefit.

“(5) Nothing in subsection (4) affects the entitlement of a person to receive jobseeker support if, during a temporary period, the person has income sufficient to fully abate that benefit but the 5 person otherwise fulfils the conditions of entitlement to that benefit.
“(6) Nothing in subsection (1)(a) or (4) affects the entitle- ment of a person receiving jobseeker support at the rate in clause 1(ab) or (ba) of Schedule 9 to receive jobseeker 10 support if, during a temporary period, the person engages in full-time employment, and the income from that employ- ment and the person’s other income when calculated over a 52-week period under section 64(2A) is less than the amount that would fully abate the benefit.
15 “(7) A sick or injured person (A) may treat as a loss of A’s earnings for the purposes of subsection (1)(c) a payment A makes to any other person (B) who acts as A’s substitute during A’s sickness or injury.
“88C Jobseeker support: grounds of hardship “(1) The chief executive may grant jobseeker support under section 88B to a person who meets the criteria in section 88B(1) and (2) but who does not meet the other criteria in section 88B 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) 20 25 30 “(2) The chief executive may, under the exception in section 88D(a), during the period between the end of one academic year and the start of the next, grant jobseeker support under section 88B to a full-time student.
“(3) The chief executive may, under the exception in section 35 88D(a), during the period between the end of one academic year and the start of the next, grant jobseeker support under 52 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 40 section 88B to a full-time student who is aged 16 years or 17 years if the chief executive is satisfied that— “(a) any of paragraphs (a) to (c) of section 159(2) applies to the student; or the student is married or in a civil union or in a de facto 5 relationship.
“(b) “88D Jobseeker support: ineligibility No person is eligible to be granted jobseeker support if he or she— “(a) is a full-time student (other than in the situation de- 10 scribed in section 88C(2) or (3)); or is unemployed because of a strike undertaken by him- self or herself, or by fellow members of the same union at the same place of employment; or became unemployed or took leave with or without pay 15 from the person’s employment for the purpose, in the opinion of the chief executive, of undertaking employ- ment-related training.
“(b) “(c) “88E Jobseeker support: on grounds of sickness, injury, or disability: medical examination 20 “(1) A person making an application for jobseeker support on the ground of sickness, injury, or disability (the applicant) must include in the application a certificate that complies with sub- sections (2) and (3).
“(2) A certificate complies with this subsection only if it is given— 25 “(a) by a medical practitioner in respect of any condition; or “(b) by a dentist and in respect of a condition that is within “(c) the ambit of his or her profession; or by a midwife in respect of a pregnancy, childbirth, or any related condition that is within the ambit of his or 30 her profession; or “(d) by a health practitioner of a kind specified for the pur- poses of this paragraph in regulations made under sec- tion 132 and in respect of a condition within the ambit of his or her scope of practice.
35 “(3) A certificate complies with this subsection only if it— 53 Part 1 cl 40 Social Security (Benefit Categories and Work Focus) Amendment Bill “(a) “(b) “(c) certifies that the applicant’s capacity for work is affected by sickness, injury, or disability; and indicates the nature of the sickness, injury, or disability concerned, the extent to which the applicant’s capacity for work is affected by it, and the length of time that 5 effect is likely to last; and contains any other particulars the chief executive may under this paragraph require.
“(4) The chief executive may at any time require the applicant or a jobseeker support beneficiary to submit himself or herself for 10 examination by a medical practitioner or psychologist.

The medical practitioner or psychologist must be agreed for the purpose between the applicant or beneficiary and the chief ex- ecutive or, failing agreement, must be nominated by the chief executive.
15 “(5) The medical practitioner or psychologist must prepare, and must send the chief executive a copy of, a report that indi- cates— “(a) whether the applicant’s or beneficiary’s capacity for “(b) work is affected by sickness, injury, or disability; and the extent to which the applicant’s or beneficiary’s cap- acity for work is affected by the sickness, injury, or dis- ability concerned; and 20 “(c) whether and, if so, for how long, that capacity is likely to continue to be affected by the sickness, injury, or 25 disability concerned.
“88F Jobseeker support: obligations on beneficiaries “(1) A person granted jobseeker support (other than jobseeker sup- port granted on the ground of sickness, injury, or disability) must (subject to sections 88J and 105) comply with the work 30 test from the time that payment of jobseeker support com- mences.
“(2) The chief executive must after granting a person jobseeker support on the ground of sickness, injury, or disability, de- termine whether the person has, while receiving that benefit, 35 the capacity to seek, undertake, and be available for part-time work (as defined in section 3(1)).
54 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 40 “(3) A determination under subsection (2) must be made after having had regard to— “(a) the relevant certificate, and any relevant report ob- tained, under section 88E; and any relevant work ability assessment under sections 5 100B and 100C.
“(b) “(4) A determination under subsection (2) that the person granted jobseeker support on the ground of sickness, injury, or dis- ability has, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work has the conse- 10 quence that the person is required to comply with the work test on and after a date specified in a written notice (of the deter- mination’s making and effects) that the chief executive must give the person.
“(5) The date specified in a written notice under subsection (4),— 15 “(a) “(b) in the case of a new grant of jobseeker support, may be the date on which that benefit is first paid; but in any case, must not be a date before the date on which the chief executive reasonably considers the person will receive the notice.
“(6) The chief executive may at any time, whether on the applica- tion of the person or otherwise, review a determination under subsection (2), and may confirm, amend, revoke, or revoke and replace it and any related written notice under subsec- tion (4).
20 25 “(7) A determination under subsection (2) that the person granted jobseeker support on the ground of sickness, injury, or disabil- ity has not, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work has the conse- quence that the person is entitled to (even if he or she has not 30 sought one) a deferral of work test obligations under section 88I(6).
“88G Jobseeker support: obligations of spouse or partner of person granted it at work-test couple rate From the time that payment of the jobseeker support com- 35 mences, the spouse or partner of a person granted jobseeker support at a work-test couple rate— “(a) must comply with a requirement under section 60Q; and 55 Part 1 cl 40 Social Security (Benefit Categories and Work Focus) Amendment Bill “(b) must comply with his or her spouse’s or partner’s social “(c) obligations under section 60RA(3); and if he or she is a work-tested spouse or partner, must comply with the work test.
“88H Jobseeker support: application for deferral of work test 5 obligations “(1) A person granted jobseeker support (other than jobseeker sup- port granted on the ground of sickness, injury, or disability) may apply to the chief executive for a deferral of all or any of the person’s work test obligations on the grounds that he or 10 she— “(a) is a sole parent with a dependent child under the age of 1 year; and is a recipient of jobseeker support instead of sole parent support under section 20D solely because that child 15 is an additional dependent child (within the meaning of section 60GAE(1)).
“(b) “(2) A person granted jobseeker support (other than jobseeker sup- port granted on the ground of sickness, injury, or disability) may apply to the chief executive for a deferral of all or any of 20 the person’s work test obligations on the grounds that he or she has, because of his or her sickness, injury, or disability (being a sickness, injury, or disability that arose or became apparent only after he or she was granted jobseeker support), either— “(a) “(b) no capacity for work; or capacity only for work that is less than part-time work (as defined in section 3(1)).
25 “(3) The chief executive may require an applicant to verify any par- ticulars relevant to an application under this section in such manner as the chief executive specifies either generally or spe- 30 cifically.
“88I Jobseeker support: chief executive’s powers and duties to defer work test obligations “(1) The chief executive may defer the beneficiary’s work test obli- gations if satisfied, on an application under section 88H(1) 35 or in accordance with subsection (4) of this section, that the 56 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 40 beneficiary complies with both of paragraphs (a) and (b) of section 88H(1).
“(2) The chief executive may defer the beneficiary’s work obliga- tions if satisfied, on an application by the beneficiary under section 88H(2) or in accordance with subsection (4) of this 5 section, that the beneficiary has, because of his or her sickness, injury, or disability, either— “(a) “(b) no capacity for work; or capacity only for work that is less than part-time work (as defined in section 3(1)).
10 “(3) A deferral under this section must be in writing and may be for a time set by the chief executive; or granted— “(a) “(b) on conditions set by the chief executive; or “(c) for both a time and on conditions set by the chief execu- 15 tive.

“(4) The chief executive may grant a deferral under this section on the ground set out in section 88H(1) or (2) whether or not a formal application is made by or on behalf of the beneficiary to whom it relates.
20 “(5) A determination under subsection (1) or (2) must be made after having had regard to— “(a) the relevant certificate, and any relevant report ob- tained, under section 88E; and any relevant work ability assessment under sections 25 100B and 100C.

“(b) “(6) The chief executive must grant a deferral under this section to a person who is the subject of a determination of the kind re- ferred to in section 88F(7) (even if the person has not applied for, or otherwise sought, the deferral).
30 “(7) The chief executive may from time to time review a deferral granted under this section, and may extend, vary, or revoke it.
“88J Jobseeker support: effect of deferral While a deferral under section 88I is in force,— “(a) the work test obligations of the beneficiary concerned 35 are deferred for the time specified in the deferral; and 57 Part 1 cl 40 Social Security (Benefit Categories and Work Focus) Amendment Bill “(b) sections 60P, 60Q, and 60R apply to the beneficiary con- cerned as if he or she were not a work-tested beneficiary.
“88K Jobseeker support: deferred or exempted people must notify change of circumstances “(1) This section applies to a person who is, or is deemed to have 5 been, granted a deferral under section 88I.

“(2) A person to whom this section applies must notify the chief executive as soon as practicable of any change in the person’s circumstances that may affect his or her entitlement to the de- ferral.
10 “(3) This section does not limit or affect the obligation under sec- tion 105(5A) of a person who is, or is deemed to have been, granted an exemption under section 105 (for example, an ex- emption under section 105 from work test obligations) to no- tify the chief executive as soon as practicable of any change in 15 the person’s circumstances that may affect his or her entitle- ment to the exemption.
“88L Jobseeker support: payment “(1) Payment of jobseeker support commences in accordance with “(2) section 80.

Jobseeker support must be paid in weekly instalments, in ac- cordance with section 82.

20 “(3) Payment of jobseeker support may be suspended or cancelled in accordance with sections 80 to 82.

“(4) Subsection (3) does not limit any other provision in this Act.
25 “88M Jobseeker support: rates “(1) Jobseeker support must be paid to a person granted that benefit at the appropriate rate in Schedule 9.
If no payment is made under this section in respect of the spouse or partner of a person granted jobseeker support, the 30 chief executive may increase the rate of jobseeker support 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 that beneficiary.
35 “(2) 58 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 41 “(b) “(3) Subsection (4) applies to an applicant for jobseeker support who has a spouse or partner who is ineligible for a benefit for a period because of— “(a) the application of section 60H (which relates to volun- tary unemployment or loss of employment through mis- 5 conduct, etc); or the application of section 117 (which relates to sanc- tions that may be imposed for failures to comply with work test or other obligations and work preparation in- terviews and exercises); or a strike, either by himself or herself, or by fellow mem- bers of the same union at the same place of employment.
“(4) The rate of jobseeker support that an applicant to whom this subsection applies under subsection (3) is entitled to receive during the period of non-entitlement of his or her spouse or 15 partner is the appropriate rate in clause 5 of Schedule 9.” “(c) 10 Work ability assessment 41 New sections 100B and 100C and cross-heading inserted Before the heading above section 101, insert: “Work ability assessment “100B Chief executive may require person to undergo assessment “(1) This subsection applies to a person who is, or who is the spouse or partner of, a beneficiary in receipt of— “(a) “(b) sole parent support; or a supported living payment (except as provided in sub- section (2)); or an emergency benefit; or jobseeker support.
“(c) “(d) 20 25 “(2) Subsection (1)(b) does not apply to a person receiving a sup- 30 porting living payment on the ground of sickness, injury, or disability if, in the chief executive’s opinion,— “(a) “(b) the person is terminally ill; or the person has little or no capacity for work, and the per- son’s condition is deteriorating or not likely to improve.
35 “(3) The chief executive may at any time require a person to whom subsection (1) applies to attend and participate in a work 59 Part 1 cl 41 Social Security (Benefit Categories and Work Focus) Amendment Bill ability assessment made to determine, or help to determine, all or any of the following matters: “(a) whether the person is entitled to a benefit and, if so, what “(b) kind of benefit: if the person is in receipt of jobseeker support on the 5 grounds of sickness, injury, or disability, whether the person— “(i) is entitled on an application under section 88H, or under section 88I(4), to deferral of work test obligations under section 88I: 10 “(ii) has for the purposes of section 88F(2) the cap- acity to seek, undertake, and be available for part-time work: “(c) whether the person is entitled on an application under section 105 on grounds of capacity to an exemption 15 from work test obligations or work preparation obliga- tions under section 60Q: “(d) what is suitable employment for the person for the pur- poses of section 102A(1)(a), (b), or (c): “(e) what are suitable activities for the person for the pur- 20 poses of section 60Q(3) or 102A(1)(f): “(f) what assistance and supports the person needs to obtain employment.
“(4) An assessment under subsection (3) must be undertaken in accordance with a procedure determined by the chief execu- 25 tive.

“(5) After an assessment under subsection (3) is made, the chief executive may determine the matter or matters in subsection (3) for which that assessment was made— “(a) “(b) having regard to the assessment and to any alternative in reliance on that assessment; or 30 assessment under subsection (3).
“100C Reassessment “(1) The chief executive may from time to time reassess under sec- tion 100B a person to whom section 100B(1) applies and 35 who has earlier been assessed under section 100B.

“(2) A reassessment may be at a time, or after an interval, the chief executive thinks appropriate.
60 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 43 “(3) After a reassessment, the chief executive may determine the matter or matters in section 100B(3) for which that reassess- ment was made.” Work test obligations: drug testing obligations 42 Section 102A amended (Work test obligations) After section 102A(1), insert: “(1A) The drug testing obligations under section 102B(1) are in- cluded in, and form part of, each of the work test obligations under subsection (1)(a), (c), and (f)(iv) (each of which obliga- tions is extended, and not limited, by this subsection).” 5 10 43 New sections 102B and 102C inserted After section 102A, insert: “102B Work test obligations: drug testing obligations “(1) The drug testing obligations referred to in section 102A(1A) are to undertake, and to pass, a drug test that a potential em- 15 ployer or a training provider requires candidates for employ- ment or training to undertake, and to pass, by a specified time.
“(2) A drug test that a potential employer or a training provider requires a candidate for employment or training to undertake, and to pass, by a specified time, may be— “(a) 20 a screening drug test of the candidate and, if the can- didate fails that screening drug test, an evidential drug test of the candidate; or an evidential drug test of the candidate undertaken with- out any associated prior screening drug test of the can- 25 didate.
“(b) “(3) A candidate for employment or training is taken for the pur- poses of this Act to have failed an evidential drug test required by a potential employer or a training provider if the candi- date— “(a) fails an associated prior screening drug test required by the employer or provider; and “(b) waives (in any manner) the evidential drug test.
30 61 Part 1 cl 43 Social Security (Benefit Categories and Work Focus) Amendment Bill “102C Work test obligations: drug testing obligations on referral to opportunity of suitable employment “(1) This section applies to a work-tested beneficiary who has a work test obligation— “(a) “(b) under section 102A(1)(c), to attend and participate in an 5 interview for any opportunity of suitable employment to which the beneficiary is referred by the chief executive; and that, under section 102A(1A), includes the drug test- ing obligations under section 102B(1).
“(2) The employer providing the opportunity of suitable employ- ment may, or may authorise the appropriate drug testing provider to, provide to the department (with or without the beneficiary’s consent) a copy of the results of the screening drug test, the evidential drug test, or both if— “(a) 10 15 that employer under section 102B(2)(a) or (b) re- quires the beneficiary to undergo, and to pass, by a spe- cified time, a screening drug test, an evidential drug test, or both; and the beneficiary has by the specified time failed that drug 20 test, or both of those drug tests.
“(b) “(3) The chief executive may reimburse the employer for the actual and reasonable costs (if, or insofar as, they do not exceed the maximum reimbursement amount prescribed for the purposes of this subsection by regulations made under section 132) of 25 a screening drug test, an evidential drug test, or both that the employer under section 102B(2)(a) or (b) required in respect of a work-tested beneficiary, if the chief executive— “(a) is provided under subsection (2) with the results of that drug test or those drug tests; and is satisfied that those results relate to the beneficiary, and that the beneficiary has failed that drug test or those drug tests.
30 “(b) “(4) Costs of a screening drug test required by an employer in re- spect of, and failed by, a work-tested beneficiary cannot be re- 35 imbursed under subsection (3) if the beneficiary has under- taken, and passed, an associated later evidential drug test re- quired by that employer.

62 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 44 “(5) Costs reimbursed under subsection (3) are a debt due to the Crown from the beneficiary for the purpose of section 85A(e).
“(6) Drug test results provided under subsection (2)— “(a) may be used by the chief executive or the department for the purposes of, or for the purposes of a review or 5 appeal against a decision under, all or any of this section and sections 116B, 116C, 117, 119, and 122; but “(b) must not be used by the chief executive or the depart- ment for any other purposes.” Sanctions 44 Sections 115 and 116A replaced Replace sections 115 and 116A (section 116A having been in- serted on 15 October 2012 by section 43 of the Social Security (Youth Support and Work Focus) Amendment Act 2012) with: “116B Failures to comply with obligations “(1) The sanctions stated in section 117 must be imposed on a per- son when any of the following paragraphs applies to the per- son: 10 15 “(a) “(b) “(c) “Obligations related to contracted service providers the chief executive considers that the person has, with- 20 out a good and sufficient reason, failed to comply with an obligation under section 60GAG(1) to comply with a requirement under section 60GAG(1)(a) to (d); or “Social obligations of certain beneficiaries with dependent children the chief executive considers that the person has, with- out a good and sufficient reason, failed to comply with a social obligation that the person has under section 60RA(3), and that the person’s failure to comply with that social obligation is a failure in respect of which 30 section 60RC(3) permits the chief executive to impose a sanction under section 117; or 25 “Obligations related to work
 preparation or to work ability assessment the chief executive considers that the person has, with- 35 out a good and sufficient reason, failed to comply with a general obligation under section 60Q(2) or an obliga- 63 Part 1 cl 44 Social Security (Benefit Categories and Work Focus) Amendment Bill “(d) “(e) “(f) “(g) “(h) “(i) tion under section 60Q(2) to comply with a requirement under section 60Q(3); or the chief executive considers that the person has, with- out a good and sufficient reason, failed to undergo an
 assessment that the person is required to undergo under 5 section 100B; or “Work test obligations (including drug testing obligations) and work-tested beneficiaries the person is a work-tested beneficiary, and the chief executive considers that the person has, without a good 10 and sufficient reason, failed to comply with any of the work test obligations as set out in section 102A (in- cluding, without limitation, any drug testing obligations under section 102B(1) that, under section 102A(1A), are included in, and form part of, a work test obligation 15 under section 102A(1)(a), (c), or (f)(iv)); or the person is required by this paragraph to be treated as a person to whom paragraph (e) applies because the person fails, without good and sufficient reason, to apply for suitable employment that requires candidates 20 to undertake drug tests; or the person is required by this paragraph to be treated as a person to whom paragraph (e) applies because the per- son is a full-time work-tested beneficiary who leaves, without good and sufficient reason, or is dismissed for 25 misconduct from, part-time work or employment aver- aging less than 15 hours a week; or the person is required by this paragraph to be treated as a person to whom paragraph (e) applies because the per- son is a part-time work-tested beneficiary who leaves, 30 without good and sufficient reason, or is dismissed for misconduct from, employment averaging less than 15 hours a week; or “Interview obligation of beneficiary exempted from work test the person is a beneficiary granted an exemption from the work test, and the chief executive considers that the person has, without a good and sufficient reason, failed to attend an interview as required under section 105(5).
35 64 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 44 “(2) Section 60H(6) and (7) (which relate to dealing with volun- tary unemployment or loss of employment through miscon- duct, etc) apply with all necessary modifications to a person to whom subsection (1)(g) or (h) of this section applies.
“116C Good and sufficient reasons for specified failures to 5 comply “(1) A beneficiary has for the purposes of section 116B a good and sufficient reason for not undertaking or completing an ac- tivity if— “(a) doing so was dependent upon the provision by the de- 10 partment of any assistance specified by the department; and that assistance was either not supplied, or not supplied to the extent, or in the manner, specified by the depart- ment.
15 “(b) “(2) A beneficiary has for the purposes of section 116B a good and sufficient reason for not complying with a drug testing obligation under section 102B(1), or for failing to apply for suitable employment that requires candidates to undertake drug tests, or for both, if the chief executive is satisfied— “(a) 20 “(b) “(c) “(d) that the person is addicted to, or dependent on, 1 or more controlled drugs; or that the person is undertaking treatment for addiction to, or dependence on, 1 or more controlled drugs; or that, insofar as the person is using a particular controlled 25 drug of a kind the presence of which in the person’s body can be or may be detected by an evidential drug test, that particular controlled drug has been lawfully prescribed, and the person is using only the dosage of that particular controlled drug lawfully prescribed, for 30 the person by a health practitioner; or that the person falls within, or the person’s circum- stances fall within, another ground or other grounds spe- cified for the purposes of this paragraph by regulations made under section 132.
35 “(3) A beneficiary who has 1 or more dependent children has for the purposes of section 116B a good and sufficient reason for not participating in or completing any activity required under 65 Part 1 cl 45 Social Security (Benefit Categories and Work Focus) Amendment Bill section 102A(1)(f) 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.
“(4) This section does not limit the generality of section 116B.” 45 Section 117 amended (Sanctions that may be imposed for failures) After section 117(1), insert: 5 “(1A) Subsection (1) is subject to subsections (1B) and (1C).
“(1B) Cancellation of the person’s benefit under (1)(c) is the sanction that the chief executive must apply if 10 any failure referred to in subsection (1) is a failure under section 116B(1)(e) to comply with the obligation in sec- tion 102A(1)(b) (the work test obligation to accept any offer of suitable employment).
subsection “(1C) Subsection (1B) applies whether the failure under sec- 15 tion 116B(1)(e) and that is mentioned in subsection (1B) is for the purposes of subsection (1) a first, a second, or a third failure.” Section 119 amended (Calculation of failure rate) In section 119(1)(a), replace “while the same benefit has been 20 continuously paid in respect of the beneficiary” with “during a period of continuous payment in respect of the beneficiary of the same benefit or of 2 or more different benefits”.
In section 119(1)(ab), delete “work-tested” in each place.
Replace section 119(1)(b) with: “(b) must not count a failure if— 25 “(i) “(ii) it is not a failure of a kind to which section 117 applies under section 116B(1); or it occurred more than 12 months before the fail- ure for which the calculation is made if, during 30 that period, that beneficiary has not incurred a failure of a kind in section 116B(1) to which section 117 applies.” Section 122 amended (Meaning of recompliance) In section 122,— 35 46 (1) (2) (3) 47 (1) 66 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 47 (a) (b) (c) after “a failure”, insert “(or, as the case may be, to 2 or more failures)”; and after “the relevant failure”, insert “(or, if the person has failed to comply with 2 or more obligations of a kind referred to in section 116B(1), the person remedies all 5 of the relevant failures)”; and replace “the failure,” with “any 1 or more of the relevant failures, for each relevant failure it is not possible to remedy”.
In section 122, insert as subsections (2) to (4): (2) “(2) Despite subsection (1), in relation to a failure under sec- tion 116B(1)(e) to comply with any drug testing obligations under section 102B(1), a person recomplies (for the purpose of section 117) if,— “(a) 10 “(b) in the case of a first failure of that kind in a 12-month 15 period, the person undertakes in a manner that is sat- isfactory to the chief executive that the person will not use controlled drugs (except any use of a particular con- trolled drug that is lawfully prescribed, and only the dosage of that particular controlled drug that is lawfully 20 prescribed, for the person by a health practitioner): in the case of a second failure of that kind in a 12-month period, the person undertakes in a manner that is satis- factory to the chief executive to do both of the following within 30 days after the date of the person’s undertak- 25 ing: “(i) to pass a drug test of the kind stated in section 122A(2)(a) or (b); and to provide evidence that satisfies the chief execu- tive that the person has passed a drug test of that 30 kind.
“(ii) “(3) The calculation of the number of failures for the purposes of subsection (2) is independent and separate from, and there- fore does not affect, the calculation (in accordance with sec- tion 119) of the number of failures for the purposes of sec- 35 tion 117.
“(4) The department must take reasonable and appropriate steps to make a person who has given an undertaking in accordance with subsection (2)(b) aware of the following matters: 67 Part 1 cl 48 Social Security (Benefit Categories and Work Focus) Amendment Bill “(a) “(b) “(c) the consequences of failing to comply with the under- taking; and the location of a drug testing provider that the person can use to undertake a drug test of the kind stated in section 122A(2)(a) or (b); and that the actual and reasonable costs charged by the provider for performing, on one occasion only within the period, a drug test of the kind stated in section 122A(2)(a) or (b) are paid by the department, but are also recoverable from the person.” 48 New section 122A inserted (Recomplying after second failure to comply with drug testing obligations) After section 122, insert: “122A Recomplying after second failure to comply with drug testing obligations 5 10 15 “(1) This section applies to a work-tested beneficiary who has undertaken under section 122(2)(b) to do both of the fol- lowing within 30 days after the date of the beneficiary’s undertaking (the period): “(a) to pass a drug test of the kind stated in subsection 20 (2)(a) or (b); and to provide evidence that satisfies the chief executive that the person has passed a drug test of that kind.
“(b) “(2) The beneficiary must at a time that is within the period attend at the location of a drug testing provider for the purpose of 25 undertaking a drug test that is— “(a) a screening drug test of the beneficiary and, if the bene- ficiary fails that screening drug test, an evidential drug test of the beneficiary; or an evidential drug test of the beneficiary undertaken 30 without any associated prior screening drug test of the beneficiary.
“(b) “(3) The actual and reasonable costs charged by the provider for performing, on 1 occasion only within the period, a drug test in accordance with subsection (2)(a) or (b), are— “(a) “(b) payable by the department; but also a debt due to the Crown from the beneficiary for the purpose of section 85A(e).
35 68 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 49 “(4) A beneficiary who fails a screening drug test or an evidential drug test or both performed within the period may (in order to try to comply with the beneficiary’s undertaking despite that failure) undertake, at the beneficiary’s expense, further drug testing within the period.
“(5) A beneficiary who does not pass a drug test of the kind stated in subsection (2)(a) or (b) within the period must for the purpose of section 117(1)(c) be treated as a person who has failed a third time within a 12-month period to comply with any drug testing obligations in section 102B(1).” 5 10 Special assistance under welfare programme: use of preferred supplier 49 Section 124 amended (Money payable out of Crown Bank Account) After section 124(1B), insert: 15 “(1BA) This subsection applies to an applicant for special assistance under a welfare programme approved by the Minister under subsection (1)(d) if— “(a) any special assistance under the programme relates to the supply of any goods or services to the applicant or 20 a member of the applicant’s family; and the goods or services are of a class, description, or kind supplied by a preferred supplier under a contract entered into with the chief executive under section 125AA.
“(b) “(1BB) If subsection (1BA) applies to an applicant for special as- 25 sistance under a welfare programme approved by the Minis- ter under subsection (1)(d), the applicant must purchase the goods or services from a preferred supplier nominated in writ- ing by the chief executive at the price determined by the con- tract under section 125AA with that supplier, and— “(a) 30 the amount of the special assistance granted under sub- section (1)(d) for purchasing those goods or services is the lesser of— “(i) “(ii) the price so determined; and the maximum amount goods or services available under the welfare programme concerned; and for purchasing those 35 69 Part 1 cl 50 Social Security (Benefit Categories and Work Focus) Amendment Bill “(b) the chief executive must pay that special assistance to that supplier in consideration of the supply of the goods or services to the applicant or the applicant’s family member.
“(1BC) No appeal under this Act lies against any chief executive’s 5 decision under subsection (1BB)(b).” Preferred suppliers of goods or services for beneficiaries or others 50 New section 125AA and cross-heading inserted After section 124, insert: 10 “Preferred suppliers of goods or services for beneficiaries or others “125AA Preferred supply of goods or services for beneficiaries or others “(1) The Minister may from time to time, by written direction, de- 15 termine the goods or services, or classes, descriptions, or kinds of goods or services, contracts for the supply of which may be entered into under subsection (3) (specified goods or ser- vices).
“(2) A determination under subsection (1) must be in respect of 20 goods or services, or classes, descriptions, or kinds of goods or services, for all or any of the following (and for no other) purposes: “(a) “(b) “(c) “(d) to meet additional expenses arising from a disability by way of a disability allowance, under section 69C(7B): 25 to satisfy the immediate needs of a beneficiary by way of an advance payment of a benefit under section 82(6) and (6A): for supply of goods or services to a beneficiary by way of a redirection of some of the beneficiary’s benefit pay- 30 ments, under section 82(6G): to meet particular needs of a person by way of spe- cial assistance under a welfare programme under sec- tion 124(1)(d), under section 124(1BB).
“(3) The chief executive may from time to time, on behalf of the 35 Crown, enter into a contract with any person, body, or or- 70 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 53 ganisation (a preferred supplier) for the supply of specified goods or services (as defined in subsection (1))— “(a) “(b) by the preferred supplier; and to beneficiaries, other persons identified by the depart- ment, or both.
5 “(4) Goods or services, in this section and in section 69C(7B), 82(6AB) and (6G), and 124(1BB), includes goods and ser- vices.” Contracts with administration service providers 51 (1) Section 125A amended (Chief executive may contract with service providers) In section 125A(1)(a), after “that”, insert “, in relation to young persons,”.
10 (2) After section 125A(1)(a), insert: “(ab) that, in relation to persons other than young persons, are 15 services in relation to all or any of Parts 1, 1A, 1B, 1C, 1D, 1E, 1F, 1G, 1H, 1I, and 2; and”.

In section 125A(2)(b), replace “young persons” with “persons to whom the services relate”.

Repeal section 125(3).

20 Section 125C amended (Release of personal information to and by contracted service provider) In section 125C(1)(a), delete “young”.
In section 125C(1)(b), replace “Part 5 and section 123E(a)” with “the provisions specified in section 125A(1)(a) or, as the 25 case requires, 125A(1)(ab)”.

In section 125C(2), delete “young” in each place.
Disability allowance: funding of specified expenses New section 132AD inserted (Regulations on use of disability allowance to fund specified expenses) After section 132AC, insert: 30 (3) (4) 52 (1) (2) (3) 53 71 Part 1 cl 54 Social Security (Benefit Categories and Work Focus) Amendment Bill “132AD Regulations on use of disability allowance to fund specified expenses “(1) The Governor-General may, by Order in Council, make regu- lations relating to the use of a disability allowance to fund spe- cified expenses.
5 “(2) Any such regulations may (without limiting subsection (1)) do either or both of the following: “(a) “(b) specify classes, descriptions, or kinds of expenses that must not be funded by way of a disability allowance: specify classes, descriptions, or kinds of expenses that 10 may be funded by way of a disability allowance only to an extent specified in the regulations, or only subject to compliance with conditions specified in the regulations, or both.
“(3) Any such regulations that do what is stated in subsection 15 (2)(b) may specify the maximum extent to which expenses may be funded by way of a disability allowance in ways that are or include using all or any of the following: “(a) maximum funded proportions of all or any of the ex- penses concerned: “(b) maximum funded amounts for all or any specified ex- penses, specified periods, or both: “(c) maximum numbers, frequencies, or both, of grants for all or any specified expenses.” Effect on benefit of warrant to arrest beneficiary, and expiry and re-grant of specified benefits 54 New sections 132L and 132M inserted After section 132K, insert: “132L Regulations relating to effect on benefit of warrant to arrest beneficiary “(1) The Governor-General may, by Order in Council and on a rec- ommendation by the Minister, make regulations for the pur- pose of section 75B (which relates to the effect on a benefit of a warrant to arrest a beneficiary), including, without limita- tion,— 20 25 30 35 72 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 54 “(a) provisions prescribing, for the purposes of section 75B(1), classes, descriptions, or kinds of beneficiary excluded from the operation of section 75B: “(b) provisions prescribing classes, descriptions, or kinds “(c) of offences excluded from the operation of sec- 5 tion 75B(1)(a): provisions that, to assist the department to exercise and perform powers and functions under section 75B, au- thorise (but do not require) the department, the Ministry of Justice, and the New Zealand Police, to disclose to 10 one another relevant personal information about bene- ficiaries to whom section 75B applies or could apply: “(d) provisions for any other matters contemplated by sec- tion 75B, necessary for its administration, or necessary for giving it full effect.
15 “(2) Subsection (1)(c) applies only to personal information that is— “(a) about beneficiaries to whom section 75B applies or could apply; and “(b) necessary or desirable for giving full effect to, or for the 20 due administration of, section 75B.
“(3) Regulations under subsection (1)(c)— “(a) may state the circumstances in which the Ministry of Justice, the New Zealand Police, or officers or employ- ees of either of them, may release or disclose to the chief 25 executive and employees of the department information to which subsection (1)(c) applies held by the Min- istry of Justice or the New Zealand Police, and the con- ditions with which the chief executive and employees of the department must comply in dealing with the in- 30 formation; and “(b) may state the circumstances in which the chief execu- tive and employees of the department may release or disclose to the Ministry of Justice, to the New Zealand Police, or to officers or employees of either of them, in- 35 formation to which subsection (1)(c) applies held by the department, and the conditions with which the Min- istry of Justice, the New Zealand Police, or officers or 73 Part 1 cl 54 Social Security (Benefit Categories and Work Focus) Amendment Bill employees of either of them, must comply in dealing with the information; and cannot be made, or continue in force, after the close of 14 July 2016.
“(c) “(4) The Minister must not recommend the making of proposed 5 regulations under subsection (1)(c) unless satisfied that the chief executive has consulted the Privacy Commissioner, and persons or organisations representing the interests of people whose information the sharing of which is to be authorised by the proposed regulations, on the proposed regulations.
In this section, held includes deemed for the purposes of the Official Information Act 1982 (in accordance with section 2(4), (4A), and (5) of that Act) to be held.

“(6) Nothing in this section limits section 132.
“(5) 10 “132M Regulations relating to expiry and re-grant of specified 15 benefits “(1) The Governor-General may, by Order in Council and on a rec- ommendation by the Minister, make regulations for the pur- pose of sections 80BE and 80BF (which relate to expiry and re-grant of specified benefits), including, without limita- 20 tion, provisions that— “(a) declare a benefit other than jobseeker support to be a specified benefit for the purposes of sections 80BE and 80BF: “(b) prescribe the expiry date for every benefit that is a spe- 25 cified benefit for the purposes of sections 80BE and 80BF: specify circumstances in which the chief executive may under section 80BE(7) consider an exemption from expiry under section 80BE.
“(c) 30 “(2) The Minister must not recommend the making of regulations under subsection (1)(a) declaring a benefit other than job- seeker support to be a specified benefit for the purposes of sections 80BE and 80BF unless satisfied that those regula- tions are necessary or desirable for all or any of the following 35 purposes: “(a) to help to ensure that beneficiaries in receipt of that benefit are receiving the correct benefit: 74 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1 cl 55 “(b) “(c) to reduce incorrect payments, debts due to the Crown (within the meaning of section 85A), or fraud: to help all or any beneficiaries in receipt of that benefit to move from dependence on a benefit to self-support.
“(3) Nothing in this section limits section 132.” 5 Jobseeker support 55 (1) Schedule 9 amended In Schedule 9, after clause 1(a), insert: $213.49 a week, subject to Income Test 1 (ab) To any other single bene- dependent ficiary without children and who was on 15 July 2013 transferred to jobseeker support— (i) by clause 2(8) and (9) of Schedule 32; or (ii) by clause 9(6) and (7) of Schedule 32 (2) In Schedule 9, after clause 1(b), insert: $293.58 a week, subject to Income Test 1 (ba) To any single beneficiary whose youngest dependent child is aged at least 14 years (including, without limita- tion, any such beneficiary who is a beneficiary of a kind specified in clause 5A(a), (b), or (c), and see also the chief executive’s discretion (to disregard specified in- come used to meet the cost of childcare) under clause 5B) (3) (4) In Schedule 9, clause 1(c),— (a) (b) In Schedule 9, after clause 5, insert: replace “a” with “any other”; and replace “Income Test 3” with “Income Test 1”.
10 75 Part 1 cl 56 Social Security (Benefit Categories and Work Focus) Amendment Bill 5A A single beneficiary whose youngest dependent child is aged at least 14 years, referred to in clause 1(ba), includes, without limi- tation, any such beneficiary who is— (a) a beneficiary who (as a person with a dependent child aged under 14 years) was on 15 July 2013 transferred by clause 2(6) and (7) of Schedule 32 to sole parent support that after 14 July 2013 and under section 20H(1) and (2) expired, and was replaced with jobseeker support that commenced, on the date that the beneficiary’s youngest dependent child turned 14 years old; or a beneficiary who (as a person without a dependent child aged under 14 years) was on 15 July 2013 transferred to jobseeker support by clause 2(8) and (9) of Schedule 32; or a beneficiary whose entitlement to jobseeker support arose from applying for it, and being granted it, after 14 July 2013.
(b) (c) 5B For the purposes of clause 1(ba) and of clause 1(c), 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 childcare for any of the beneficiary’s dependent children.

Reorganising headings and relocating section 53A 56 Amendments to make clearer principal Act’s structure The principal Act is amended in the manner indicated in Part 1 of Schedule 2.
5 Part 2 Consequential amendments, and transitional and savings provisions Overview Overview of Part This Part contains consequential amendments to the principal Act and to other enactments, and transitional and savings pro- visions, related to the substantive amendments to the principal Act contained in Part 1.
In particular, this Part,— (a) changes legislative references to reflect the new benefit categories; and 10 15 57 (1) (2) 76 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 2 cl 59 (b) provides for transfers from existing benefits to new benefits (see sections 131 and 132 inserting sec- tion 3C and Schedule 32 of the principal Act); and (c) makes consequential amendments related to substantive amendments making clearer the principal Act’s struc- 5 ture (see sections 129 and 130 and Parts 2 and 3 of Schedule 2).
Some amendments or provisions in this Part relate to pro- visions of the principal Act that are inserted or amended on 15 October 2012 by section 2(2) and Parts 3 and 4 of the So- 10 cial Security (Youth Support and Work Focus) Amendment Act 2012.

Consequential amendments: Couple rate and work-test couple rate 15 Consequential amendments to principal Act In section 3(1), definition of work-tested spouse or partner, paragraph (b)(i), replace “married” with “couple”.
In section 3(1), definition of work-tested spouse or part- ner, paragraph (b)(ii)(A), replace “work-tested married” with “work-test couple”.

In section 3(5), replace “married” with “couple”.

In section 60H(2)(b), replace “married” with “couple”.

In section 61A(1)(a) and (1A), replace “married” with “cou- ple”.

In section 120(1), (1A), and (2), replace “married” with “cou- 25 ple”.
20 Consequential amendments to other enactments In the Accident Compensation Act 2001, section 252(5), re- place “married” with “couple”.

In the Child Support Act 1991, section 30(3) and (4)(a), re- 30 place “married” with “couple”.

In the Child Support Act 1991, section 30(5), definition of gross married rate of invalid’s benefit, replace “married” with “couple”.
77 (3) 58 (1) (2) (3) (4) (5) (6) 59 (1) (2) (3) Part 2 cl 60 Social Security (Benefit Categories and Work Focus) Amendment Bill In the Child Support Act 1991, section 30(5), definition of gross married rate of unemployment benefit, replace “mar- ried” with “couple”.
Consequential amendments: status of examples Consequential amendments to enactments made under principal Act The following are consequentially revoked: (a) regulation 3A of the Social Security (Long-term Resi- dential Care) Regulations 2005: regulation 5 of the Social Security (Temporary Addi- 10 tional Support) Regulations 2005.
(b) 5 Consequential amendments: pre-benefit activities Section 11D amended (Application process for benefits) In section 11D(12), replace “section 96A” with “sections 15 11E, 11G, and 11H”.

Section 132J amended (Regulations stating pre-benefit activities) In section 132J(1), replace “section 96A” with “sections 11E, 11G, and 11H”.

20 Social Security (Pre-benefit Activities) Regulations 2012 amended This section amends the Social Security (Pre-benefit Activ- ities) Regulations 2012.
In regulation 3, tion 11E(3)”.

replace “section 96A(13)” with “sec- 25 Consequential amendments: Sole parent support Section 3 amended (Interpretation) In section 3(1), definition of income-tested benefit, repeal paragraph (j).

In section 3(1), definition of part-time work-tested benefi- ciary, repeal paragraph (a)(iii).
30 (4) 60 61 62 63 (1) (2) 64 (1) (2) 78 (3) (4) (5) (6) (7) (8) 65 (1) (2) (3) Social Security (Benefit Categories and Work Focus) Amendment Bill Part 2 cl 65 In section 3(1), definition of work-tested beneficiary (as re- placed on 15 October 2012 by section 33(2) of the Social Security (Youth Support and Work Focus) Amendment Act 2012), repeal paragraph (b)(iii).
In section 3(1), definition of work-tested benefit (as so re- 5 placed), paragraph (c), replace “a domestic purposes benefit under section 27B or 27C” with “sole parent support under section 20D”.

In section 3(1), definition of work-tested benefit (as so re- placed), repeal paragraph (e).

In section 3(1), repeal the definition of work-tested domestic purposes beneficiary (as so replaced).
In section 3(1), insert in its appropriate alphabetical order: “work-tested sole parent support beneficiary means a per- son— “(a) who has been granted sole parent support under sec- 10 15 tion 20D; and “(b) whose youngest dependent child is aged 5 years or older”.

In section 3(1), repeal the definition of work-tested widow’s 20 beneficiary (as replaced on 15 October 2012 by section 33(5) of the Social Security (Youth Support and Work Focus) Amendment Act 2012).
25 Section 60GAE amended (Beneficiaries having additional dependent child: general) In section 60GAE(1)(a) (as inserted on 15 October 2012 by section 39 of the Social Security (Youth Support and Work Focus) Amendment Act 2012), delete “a widow’s benefit,”.

In section 60GAE(2) (as so inserted), replace “work-tested domestic purposes beneficiary,” with “work-tested sole 30 parent support beneficiary, and”.

In section 60GAE(2) (as so inserted), delete “, and work- tested widow’s beneficiary”.
79 Part 2 cl 66 Social Security (Benefit Categories and Work Focus) Amendment Bill Section 60Q amended (Certain obligations may be placed on beneficiaries and their spouses and partners) In section 60Q(1)(a) (as replaced on 15 October 2012 by sec- tion 40 of the Social Security (Youth Support and Work Fo- cus) Amendment Act 2012), replace “a benefit under section 5 21 (the widow’s benefit)” with “a benefit under section 20D (sole parent support)”.

Repeal section 60Q(1)(b) (as so replaced).


Section 61 amended (Chief executive may grant emergency benefit in cases of hardship) In section 61(1), first and second provisos, replace “a domes- tic purposes benefit, a widow’s benefit,” with “sole parent sup- port,” in each place.

Section 70A amended (Rates of benefits for sole parents may be reduced) Replace section 70A(1)(b)(i) and (ii) with: “(i) sole parent support under section 20D; or”.
Section 74AA amended (Residential requirements for certain benefits) In section 74AA(2),— (a) (b) delete “a domestic purposes benefit,”; and replace “a widow’s benefit” with “sole parent support”.

Section 80B amended (Interpretation) In section 80B, definition of income, insert in its appropriate alphabetical order: “(ac) the amount of any sole parent support received by the person:”.

10 15 20 25 Section 82 amended (Payment of benefits) In section 82(2A), delete “, and a widow’s benefit”.
Section 162 amended (Youth payment: continuation after 30 age 18) Replace section 162(2)(a) and (b) with: 66 (1) (2) 67 68 69 70 71 72 80 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 2 cl 77 “(a) sole parent support:”.

73 74 (1) (2) Section 168 amended (Young parent payment: continuation after age 19) Replace section 168(2)(a) and (b) with: “(a) sole parent support:”.

5 Schedule 3 amended In the Schedule 3 heading, replace “ss 21, 24” with “s 3C”.
In the Schedule 3 heading, replace “Rates of widows’ bene- fits” with “Rates of generally abolished former widows’ benefits under section 21 as saved by clause 3 of Sched- 10 ule 32 for reciprocity agreement applicants or recipients”.

New Schedule 3A inserted 75 (1) After Schedule 3, insert the Schedule 3A set out in Sched- (2) (3) (4) 76 (1) (2) 77 (1) (2) ule 1 of this Act.

In section 3(1), definition of dependent child, paragraph (d), 15 after “3,” insert “3A,”.
In section 61H(1)(d), after “3,” insert “3A,”.

In section 61HA(2), after “3,” insert “3A,”.

Schedule 10 amended In the heading to Schedule 10, replace “New Zealand Super- 20 annuation payable under section 16, invalids’, widows’, domestic purposes, and sickness” with “stated”.
In Schedule 10, item specifying maximum rate, replace “in any other case” with “in the case of New Zealand Superannuation, supported living payment on the ground of sickness, injury, 25 disability, or total blindness, or sole parent support”.

Schedule 16 amended In the Schedule 16 heading, replace “ss 27B, 27C, 27H” with “s 3C”.
In the Schedule 16 heading, replace “Rates of domestic pur- 30 poses benefits” with “Rates of generally abolished former DPB for solo parents under section 27B as saved by clause 3 81 Part 2 cl 78 Social Security (Benefit Categories and Work Focus) Amendment Bill of Schedule 32 for reciprocity agreement applicants or re- cipients”.

Schedule 18 amended In Schedule 18, Part 1, clause 3, replace “a widow’s benefit or a domestic purposes benefit” with “sole parent support”.
5 (b) Other consequential amendments to principal Act In the following provisions, replace “a domestic purposes benefit” with “sole parent support”: (a) section 3(1), definition of income-tested benefit, para- graph (b): section 60GAE(1)(a) (as inserted on 15 October 2012 by section 39 of the Social Security (Youth Support and Work Focus) Amendment Act 2012): section 80(5)(b): section 82(2A).
(c) (d) In the following provisions, replace “domestic purposes bene- ficiary” with “sole parent support beneficiary”: (a) section 3(1), definition of part-time work-tested bene- ficiary, paragraph (a)(ii): section 3(1), definition of work-tested beneficiary (as 20 replaced on 15 October 2012 by section 33(2) of the So- cial Security (Youth Support and Work Focus) Amend- ment Act 2012), paragraph (b)(ii): section 3(1), definition of work tested benefit, para- graphs (a) and (c).
25 (b) (c) 10 15 In the following provisions, replace “a widow’s benefit, a do- mestic purposes benefit,” with “sole parent support,”: (a) (b) (c) (d) In section 80(14)(a), replace “a widow’s benefit, a domestic purposes benefit,” with “sole parent support”.

section 61E(1), definition of beneficiary, paragraph (a): section 66(1): section 69C(1)(a): section 80(2)(b).
30 78 79 (1) (2) (3) (4) 82 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 2 cl 86 80 Consequential amendments to other enactments The enactments specified in Schedule 3 are amended in the manner indicated in that schedule.

81 (1) (2) 82 83 84 85 86 Consequential amendments: supported living payment benefit Section 3(1) amended (Interpretation) In section 3(1), definition of work-test married rate, para- graph (b), replace “42(2)” with “40I(5)”.
In section 3(1), definition of work-tested spouse or partner, paragraph (b)(iii)(C), replace “42(2)” with “40I(5)”.

Section 39A amended (Child disability allowance) In section 39A(1), replace “39F” with “39E”.

Section 43 amended (Subsidy on earnings of blind beneficiaries) In section 43, replace “section 42” with “section 40I”.
5 10 15 Section 70A amended (Rates of benefits for sole parents may be reduced) Replace section 70A(1)(b)(iii) with: “(iii) a supported living payment on the grounds of sickness, under section 40B; or”.

injury, disability, or total blindness, 20 Section 80 amended (Commencement of benefits) In section 80(5)(ca)(i), replace “congenital defect” with “exist- ing from birth”.
Section 80B amended (Interpretation) In section 80B, definition of income, insert in its appropriate alphabetical order: “(ad) the amount of any supported living payment received 25 by the person:”.

83 Part 2 cl 87 Social Security (Benefit Categories and Work Focus) Amendment Bill Section 157 amended (Interpretation) In section 157, definition of specified beneficiary, paragraph (a), replace “domestic purposes benefit under section 27G” with “supported living payment under section 40D”.
In section 157, definition of specified beneficiary, paragraph 5 (b), replace “invalid’s benefit” with “supported living pay- ment”.

Schedule 6 amended In the Schedule 6 heading, replace “invalids’” with “sup- ported living payment”.

In the Schedule 6 heading, replace “ss 42, 43” with “ss 40I, 40J”.

In Schedule 6, clause 1(f), after “children)”, insert “receiving a supported living payment under section 40B on the grounds of sickness, injury, disability, or total blindness”.
In Schedule 6, after clause 1(g), insert: 10 15 $213.49 a week, subject to Income Test 1 (h) To a beneficiary (with or without de- pendent children) receiving a supported living payment under section 40D on the grounds of caring for a patient requiring care, if the beneficiary is married or in a civil union, or in a de facto relationship, and the beneficiary’s spouse or partner is not granted a bene- fit in his or her own right Schedule 17 repealed Repeal Schedule 17.
In section 61H(1)(d), replace “17 to” with “18,”.

In section 61HA(2), delete “17,”.
Other consequential amendments to principal Act In the following provisions, replace “an invalid’s benefit” with “a supported living payment” in each place: (a) section 3(1), definition of income-tested benefit, para- graph (e): section 3(1), definition of work-test married rate, paragraph (b): (b) 20 25 87 (1) (2) 88 (1) (2) (3) (4) 89 (1) (2) (3) 90 (1) 84 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 2 cl 92 10 (c) (d) (e) (f) (g) section 3(1), definition of work-tested benefit (as re- placed on 15 October 2012 by section 33(2) of the So- cial Security (Youth Support and Work Focus) Amend- ment Act 2012), paragraph (b): section 3(1), definition of work-tested spouse or part- 5 ner, paragraph (b)(i) and (iii)(C): section 43(1): section 60GAE(1)(a) (as inserted on 15 October 2012 by section 39 of the Social Security (Youth Support and Work Focus) Amendment Act 2012): section 60Q(1)(c)(i) (as replaced on 15 October 2012 by section 40 of the Social Security (Youth Support and Work Focus) Amendment Act 2012): section 61(1), first and second provisos: section 61E(1), definition of beneficiary, paragraph (a): 15 section 66(1): section 69C(1)(a) and (5)(a): section 74AA(2): section 77(4)(b): section 80(2)(b), (5)(b), (5)(ca), and (14)(b): section 82(2A): Schedule 30, clause 1, paragraph (a).
(h) (i) (j) (k) (l) (m) (n) (o) (p) In the following provisions, replace “an invalid’s benefit” with “a supported living payment on the grounds of sickness, injury, disability, or total blindness” in each place: (a) (b) section 12J(2)(a): section 72(b), proviso that begins “provided further that”.

20 25 (2) 91 Consequential amendments to other enactments The enactments specified in Schedule 4 are amended in the 30 manner indicated in that schedule.
Consequential amendments: repeal of section 60HA 92 (1) Consequential amendments to principal Act and to regulations made under it In section 3(1), repeal the definition of work preparation ex- ercise.

35 85 Part 2 cl 93 Social Security (Benefit Categories and Work Focus) Amendment Bill In section 105(1), delete “or from complying with sec- tion 60HA”.

In the heading to section 123, delete “section 60HA or”.

In section 123(1)(b)(ia), delete “a request under section 60HA or”.
In section 123(1)(b)(ii), delete “or an exemption from comply- ing with section 60HA”.

In section 123B(5)(a), delete “or a beneficiary required to com- ply with a request under section 60HA”.

In section 123B(5)(b), delete “or an exemption from comply- 10 ing with section 60HA”.

In section 123D(a), delete “or the obligation to comply with section 60HA”.

In the Social Security (Exemptions under Section 105) Regu- lations 1998, revoke regulation 3.
15 5 Consequential amendments: sickness benefit abolished 20 Section 3 amended (Interpretation) In section 3(1), definition of income-tested benefit, repeal paragraph (aa).

In section 3(1), definition of part-time work-tested benefi- ciary, replace paragraph (b) with: “(b) a person who is granted jobseeker support on the ground of sickness, injury, or disability and who, under sec- tion 88F(4), must comply with the work test”.
In section 3(1), definition of work-tested beneficiary (as re- placed on 15 October 2012 by section 33(2) of the Social Security (Youth Support and Work Focus) Amendment Act 2012), replace paragraph (a) with: “(a) who is granted jobseeker support (other than jobseeker 30 support on the ground of sickness, injury, or disability); or 25 “(aa) who is granted jobseeker support on the ground of sickness, injury, or disability, and who, under sec- tion 88F(4), must comply with the work test; or”.
35 (2) (3) (4) (5) (6) (7) (8) (9) 93 (1) (2) (3) 86 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 2 cl 98 In section 3(1), definition of work-tested beneficiary (as so replaced), repeal paragraph (b)(iv).

In section 3(1), definition of work-tested benefit (as so re- placed), paragraph (a), delete “, a work-tested sickness bene- ficiary,”.
In section 3(1), definition of work-tested benefit (as so re- placed), paragraph (b), replace “a sickness benefit, an emer- gency benefit, and” with “an emergency benefit and”.

In section 3(1), definition of work-tested benefit (as so re- placed), repeal paragraph (d).

In section 3(1), repeal the definition of work-tested sickness beneficiary.

In section 3(1), definition of work-tested spouse or partner, paragraph (b)(i), delete “, a sickness benefit,”.
Section 12J amended (Right of appeal) In section 12J(2)(e), replace “a sickness benefit” with “job- seeker support on the grounds of sickness, injury, or disabil- ity”.

Section 60H amended (Voluntary unemployment or loss of employment through misconduct, etc) Repeal section 60H(2)(ab).

Section 61 amended (Chief executive may grant emergency benefit in cases of hardship) In section 61(1A), delete “a sickness benefit under section 54A or”.
Section 66 amended (Exemption of income from friendly or like society) In section 66(1), replace “a sickness benefit” with “jobseeker support on the grounds of sickness, injury, or disability”.

Section 70A amended (Rates of benefits for sole parents may be reduced) Repeal section 70A(1)(b)(iv).
(4) (5) (6) (7) (8) (9) 94 95 96 97 98 87 Part 2 cl 99 Social Security (Benefit Categories and Work Focus) Amendment Bill 99 Section 72 amended (Limitation where applicant receiving another benefit or war pension) In section 72(b), second proviso, replace “a sickness benefit” with “jobseeker support on the grounds of sickness, injury, or disability”.
5 100 Section 80 amended (Commencement of benefits) (1) In section 80(5)(c), replace “the benefit is a sickness benefit” with “the benefit is jobseeker support on the grounds of sick- ness, injury, or disability”.

In section 80(5)(c)(ii), after “a community wage”, insert “or 10 jobseeker support (in either case)”.

In section 80(14)(a), replace “a sickness benefit” with “job- seeker support on the grounds of sickness, injury, or disabil- ity”.
(2) (3) 101 Section 102 amended (Application of work test) Replace section 102(1) with: “(1) The work test applies to a person while he or she is a work- tested beneficiary, and unless subsection (2) applies, the per- son is subject to the obligations of the work test set out in sec- tion 102A from,— “(a) in the case of a person granted jobseeker support on the grounds of sickness, injury, or disability, the date specified in the chief executive’s notice under sec- tion 88F(4); and in any other case, the date on which the work-tested 25 benefit is first paid.” “(b) 15 20 102 Section 157 amended (Interpretation) In section 157, definition of specified beneficiary, paragraph (b), delete “sickness benefit,”.
103 Section 162 amended (Youth payment: continuation after 30 age 18) Repeal section 162(2)(c).

88 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 2 cl 108 104 Section 168 amended (Young parent payment: continuation after age 19) Repeal section 168(2)(c).

105 Schedule 9 amended In the Schedule 9 heading, delete “and sickness benefits”.
5 106 Schedule 10 amended In Schedule 10, item relating to the maximum rate, replace “a sickness benefit” with “jobseeker support on the grounds of sickness, injury, or disability”.
107 Other consequential amendments to principal Act (1) In the following provisions, delete “or a sickness benefit” in each place: (a) section 3(1), definition of work-test married rate, paragraph (a): section 61(1), first and second provisos: section 61E(1), definition of beneficiary, paragraph (a): section 69C(1)(a) and (5)(a).
(b) (c) (d) In the following provisions, delete “a sickness benefit,”: (a) (2) 10 15 section 60GAE(1)(a) (as inserted on 15 October 2012 by section 39 of the Social Security (Youth Support and 20 Work Focus) Amendment Act 2012): section 60Q(1)(c)(i) (as replaced on 15 October 2012 by section 40 of the Social Security (Youth Support and Work Focus) Amendment Act 2012): section 74AA(2): section 80(2)(b) and (5)(b): section 82(2A).
25 (b) (c) (d) (e) 108 Consequential amendments to other enactments The enactments specified in Schedule 5 are amended in the manner indicated in that schedule.
30 89 Part 2 cl 109 Social Security (Benefit Categories and Work Focus) Amendment Bill Consequential amendments: social obligations of certain beneficiaries with dependent children 109 Section 132AC amended (Regulations relating to childcare assistance) After section 132AC(1), insert: “(5) Regulations under this section that define the term approved early childhood education programme for the purposes of all or specified provisions of those regulations also define that term for the purposes of sections 60RA(3) and 170(2)(c).” 110 Section 170 amended (Youth support payments: obligations) In section 170(2)(c), replace “in regulations under this Act” with “for the purposes of this paragraph in regulations under section 132AC”.
5 10 15 Consequential amendments: expiry and re-grant of specified benefits Section 117 amended (Sanctions that may be imposed for failures) Replace section 117(4) with: If a person’s specified benefit (as defined in section 80BE(5)) is reduced or suspended under subsection (1) of this section and the person is re-granted a specified benefit under section 80BF, the reduction or suspension continues to apply to the re-granted specified benefit on and after its commencement 25 until the person recomplies.” 20 Section 119 amended (Calculation of failure rate) In section 119(3A),— (a) replace “an unemployment” with “a specified” in each place; and replace “section 99AA” with “section 80BE”; and replace “section 99AB” with “section 80BF”.
(b) (c) 30 111 “(4) 112 90 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 2 cl 120 Consequential amendments: jobseeker support 113 Section 11D amended (Application process for benefits) In section 11D(12), replace “section 96A” with “sections 11E and 11G”.

114 Cross-headings above sections 58 and 59B repealed Repeal the cross-headings above sections 58 and 59B.
5 115 116 Section 61 amended (Chief executive may grant emergency benefit in cases of hardship) In section 61(1A), replace “section 90” with “section 88C”.

Section 80B amended (Interpretation) In section 80B, definition of income, insert in its appropriate alphabetical order: “(ae) the amount of any jobseeker support received by the 10 person:”.

117 Section 82 amended (Payment of benefits) In section 82(2A), replace “, an unemployment benefit” with “and jobseeker support”.
15 118 New cross-heading above section 88A inserted After the Part 2 heading, insert: “Definitions of terms in this Part”.

20 119 Section 99A repealed (Transfer from community wage to unemployment benefit on 1 July 2001) Repeal section 99A.

120 Section 105 amended (Exemption from obligations) In section 105(5A), replace “granted an exemption” with “who 25 is, or is deemed to be, granted an exemption under this sec- tion”.
91 Part 2 cl 121 Social Security (Benefit Categories and Work Focus) Amendment Bill 121 Schedule 9 amended (1) In the Schedule 9 heading, replace “unemployment benefits” with “jobseeker support”.

In the Schedule 9 heading, replace “ss 60JA, 99” with “ss 3C, 88M”.

In Schedule 9, clause 5, replace “section 99(4)” with “sec- tion 88M(4)”.
(2) (3) 122 Other consequential amendments to principal Act (1) 5 10 (b) (c) (d) (e) (f) In the following provisions, replace “an unemployment bene- fit” with “jobseeker support” in each place: (a) section 3(1), definition of income-tested benefit, para- graph (a): section 3(1), definition of work-test married rate, paragraph (a): section 3(1), definition of work-tested benefit (as re- 15 placed on 15 October 2012 by section 33(2) of the So- cial Security (Youth Support and Work Focus) Amend- ment Act 2012), paragraph (a): section 3(1), definition of work-tested spouse or part- ner, paragraph (b)(i): section 60GAE(1)(a) (as inserted on 15 October 2012 by section 39 of the Social Security (Youth Support and Work Focus) Amendment Act 2012): section 60Q(1)(c)(i) (as replaced on 15 October 2012 by section 40 of the Social Security (Youth Support and 25 Work Focus) Amendment Act 2012): section 61(1), first and second provisos: section 61(1A): section 61E(1), definition of beneficiary, paragraph (a): section 69C(1)(a) and (5)(a): section 70A(1)(b)(v): section 74AA(2): section 80(5)(b): section 162(2)(e): section 168(2)(e): Schedule 18, Part 1, clause 2(b).
(g) (h) (i) (j) (k) (l) (m) (n) (o) (p) In the following provisions, replace “unemployment benefit” with “jobseeker support” in each place: 30 20 35 (2) 92 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 2 cl 128 (a) (b) section 157, definition of specified beneficiary, para- graph (b): Schedule 18, Part 1, clause 1, definition of base rate, paragraphs (e)(i), (f), (g)(i) and (iii).
123 Consequential amendments to other enactments 5 The enactments specified in Schedule 6 are amended in the manner indicated in that schedule.

Consequential amendments: sanctions 124 Section 102A amended (Work test obligations) (1) In section 102A(4), replace “section 115(1)(a)” with “section 10 116B(1)(e)”.

Repeal section 102A(1)(h).

In section 102A(3), delete “(whether or not it is included in a job seeker agreement that continues to apply to him or her under subsection (1)(h))”.
Repeal section 102A(4).

15 (2) (3) (4) 125 Section 117 amended (Sanctions that may be imposed for failures) In section 117(1), replace “section 115 or section 116A” with “section 116B”.

20 126 Section 119 amended (Calculation of failure rate) In section 119(2), replace “section 115 or section 116A” with “section 116B”.

127 Section 122 amended (Meaning of recompliance) In section 122, replace “section 115 or section 116A” with 25 “section 116B”.
128 Section 171 amended (Obligations of spouses and partners of specified beneficiaries) In section 171(3)(b), replace “section 116A” with “section 116B”.

30 93 Part 2 cl 129 Social Security (Benefit Categories and Work Focus) Amendment Bill Consequential amendments: reorganising headings and relocating section 53A 129 Consequential amendments to principal Act The principal Act is amended in the manner indicated in Part 2 of Schedule 2.
5 130 Consequential amendments to other enactments The enactments specified in Part 3 of Schedule 2 are amended in the manner indicated in that Part.
Transitional and savings provisions 131 New section 3C inserted (Application of amendments to 10 this Act) After section 3 (and the section 3B inserted by section 7), insert: “3C Application of amendments to this Act Schedule 32 contains application, transitional, and savings 15 provisions that affect this Act’s other provisions as from time to time amended, repealed, or repealed and replaced.” 132 New Schedule 32 inserted After Schedule 31, insert the Schedule 32 set out in Sched- ule 7 of this Act.
20 94 1 2 3 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 1 Schedule 1 New Schedule 3A Schedule 3A Rate of sole parent support s 75(1) s 20G To a beneficiary with 1 or more dependent children: $293.58 5 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.
10 For the purposes of clause 1, the chief executive may, in his or her discretion, treat all or any part of the income (including, without limitation, any pension or allowance under the War Pensions Act 1954) of the spouse or partner of an applicant to whom section 20A(d) or (f) applies as if it were income 15 derived by that applicant if the chief executive— (a) has had regard to its nature and the means by which it was derived; and considers that treatment of it to be reasonable in the circumstances.
(b) 20 95 Schedule 2 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 2 Amendments reorganising headings and relocating section 53A Part 1 Substantive amendments to principal Act ss 56, 129, 130 New Part 1 heading Above section 1A, insert: “Part 1 “Purpose, principles, general definitions, examples, and application of amendments to this Act”.

Part 1 heading Repeal the Part 1 heading.


5 10 Cross-heading above section 5 Replace the cross-heading above section 5 (which reads “Adminis- 15 tration”) with: “Part 1A “Administration: Ministerial directions, reviews, and appeals “Ministerial directions”.

New cross-heading above section 10A Above section 10A, insert: “Reviews by benefits review committee”.
New section 10B and cross-heading After section 10A, insert: “Appeals to medical board 20 25 “10B Right of appeal on medical grounds “(1) Any applicant or beneficiary affected may appeal to the Board against a decision of the chief executive that is— “(a) a decision that a claim for a child disability allowance 30 is declined, or that any such allowance is cancelled, in either case on the grounds that the child is not a child 96 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 2 New section 10B and cross-heading—continued Part 1—continued “(b) “(c) “(d) “(e) “(f) with a serious disability (within the meaning of section 39A(1) and (2)); or a decision that a claim for a supported living payment on the grounds of sickness, injury, disability, or total blind- ness is declined, or that any such benefit is cancelled, in 5 either case on medical grounds; or a decision that a claim for jobseeker support is declined on medical grounds or on grounds relating to a person’s capacity for work, or that a person’s jobseeker support is cancelled on medical grounds or on grounds relating 10 to the person’s capacity for work; or a determination under section 88F(2) that a jobseeker support beneficiary on the ground of sickness, injury, or disability has, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work, 15 and so is required to comply with the work test on and after a date specified in a notice under section 88F(4); or a confirmation, amendment, or
 replacement under sec- tion 88F(6) of a determination, and that results in a de- 20 termination of the kind specified in paragraph (d) of this subsection; or any of the following made in reliance on any work ability assessment by a health practitioner under sec- tion 100B: “(i) 25 a determination whether the person assessed is entitled to a benefit and, if so, what kind of bene- fit: a determination whether the person assessed, be- ing a person in receipt of jobseeker support on 30 the grounds of sickness,
 injury, or disability, is entitled on an application under section 88H, or under section 88I(4), to deferral of work test obligations under section 88I: “(ii) “(iii) a determination whether the person assessed, be- 35 ing a person in receipt of jobseeker support on the grounds of sickness, injury, or disability, has 97 Schedule 2 Social Security (Benefit Categories and Work Focus) Amendment Bill New section 10B and cross-heading—continued Part 1—continued for the purposes of section 88F(2) the capacity to seek, undertake, and be available for part-time work: “(iv) a determination whether the person assessed, be- ing a person who is subject to work test obliga- 5 tions or work preparation obligations under sec- tion 60Q, has the capacity to meet those obliga- tions; or “(g) “(h) a decision under section 116C(2)(a) to the effect that a beneficiary does not have a good and sufficient reason, 10 on the grounds that the beneficiary is addicted to, or dependent on, controlled drugs, for either or both: “(i) not complying with a drug testing obligation under section 102B(1): failing to apply for suitable employment that re- 15 quires candidates to undertake drug tests; or a decision to decline a claim for a veteran’s pension under section 70 of the War Pensions Act 1954, or to cancel any such pension, in either case on the grounds of the applicant’s or beneficiary’s mental or physical 20 infirmity.
“(ii) “(2) An appeal under this section must be made within— “(a) “(b) 3 months after the decision has been communicated to that person; or any further period the Board may (if it considers there 25 is good reason for the delay) allow on application made before or after the end of that 3-month period.

“(3) The chief executive is bound by the Board’s decision on an appeal under this section.
“(4) The Board is to comprise 3 members to be appointed by the 30 chief executive for the particular purpose, being medical prac- titioners, rehabilitation professionals (as defined in subsec- tion (5)), or other persons having appropriate expertise in the fields of vocational training or vocational support for persons with sickness, injury, or disability.
35 98 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 2 New section 10B and cross-heading—continued Part 1—continued “(5) Rehabilitation professional, in subsection (4), means a per- son who is— “(a) a person professionally engaged in the rehabilitation of persons from sickness or accident or with disabilities; or a nurse; or an occupational therapist; or a physiotherapist; or a psychologist.” “(b) “(c) “(d) “(e) New cross-heading above section 11 Above section 11, insert: “Information and information-matching”.
New cross-heading above section 11D Above section 11D, insert: “Applications, pre-benefit activities, and claims for and grants of benefits”.

New cross-heading above section 12J Above section 12J, insert: “Appeals to Appeal Authority”.

New cross-heading above section 12Q Above section 12Q, insert: “Appeals to courts”.
5 10 15 20 Cross-heading above section 28 Replace the cross-heading above section 28 (which reads “Orphans’ benefits”) with: 25 “Part 1C “Orphans’ benefits, and unsupported child’s benefits”.

99 Schedule 2 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1—continued Cross-heading above section 39A Replace the cross-heading above section 39A (which reads “Child disability allowance”) with: “Part 1D “Child disability allowance”.
Cross-heading above section 39F Replace the cross-heading above section 39F (which reads “Invalids’ benefits”) with: “Part 1E “Supported living payment”.

Section 53A and cross-heading Repeal section 53A and the cross-heading above section 53A (which reads “Appeals”).
5 10 Cross-heading above section 60GAD Replace the cross-heading (which reads “Further conditions of bene- 15 fits”, and was inserted on 1 April 1997 by section 16 of the Social Se- curity Amendment Act 1996) above section 60GAD (as inserted on 15 October 2012 by section 39 of the Social Security (Youth Support and Work Focus) Amendment Act 2012) with: “Part 1F “Administration: further conditions of benefits, and obligations on beneficiaries”.
Cross-heading above section 61 Replace the cross-heading above section 61 (which reads “Emer- gency benefits”) with: “Part 1G “Emergency benefits”.

New Part 1H heading Above section 61C, insert: “Part 1H “Administration: maintenance proceedings, and maintenance payable to the Crown”.
20 25 30 100 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 2 Part 1—continued Cross-heading above section 61CB Replace the cross-heading above section 61CB (which reads “Epi- demics”) with: “Part 1I “Administration: epidemics”.

Cross-heading above section 61D Replace the cross-heading above section 61D (which reads “Lump sum payments after death”) with: “Part 1J “Funeral grants”.
Cross-heading above section 61DH Replace the cross-heading above section 61DH (which reads “Ac- commodation supplement”) with: “Part 1K “Accommodation supplement”.

Cross-heading above section 61G Replace the cross-heading above section 61G (which reads “Tempor- ary additional support”) with: “Part 1L “Temporary additional support”.

Cross-heading above section 61GA Replace the cross-heading above section 61GA (which reads “Child- care assistance”) with: “Part 1M “Childcare assistance”.
New Part 1N heading Above the cross-heading above section 61H (which reads “Alteration of rates of benefits”), insert: “Part 1N “Administration: rates of benefits, and other provisions on monetary benefits”.

5 10 15 20 25 30 101 Schedule 2 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1—continued New Part 1O heading Above section 69C, insert: “Part 1O “Disability provisions”.
New Part 1P heading Above the cross-heading above section 69G (which reads “Overseas pensions”), insert: 5 “Part 1P “Administration: overseas pensions, other conditions of benefits, reviews, and payments, debts, and deductions”.

New cross-heading above section 70A Above section 70A, insert: “Other conditions of benefits”.

New cross-heading above section 81 Above section 81, insert: “Reviews, payments, debts, and deductions”.
Part 2 heading Replace the Part 2 heading with: “Part 2 “Jobseeker support, and administration: assessing work ability, work-testing, and sanctions”.
10 15 20 102 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 2 Part 1—continued Part 3 heading Replace the Part 3 heading with: “Part 3 “Administration: young persons services, welfare programmes and other money payable, preferred suppliers, contracts with administration service providers, artificial limbs, information disclosure, application of Human Rights Act 1993, and offences and general penalty “Young persons services”.
New cross-heading above section 124 Above section 124, insert: “Welfare programmes and other money payable” New cross-heading above section 125A Above section 125A, insert: “Contracts with administration service providers” New cross-heading above section 126 Above section 126, insert: “Artificial limbs” New cross-heading above section 126A Above section 126A, insert: “Information disclosure” New cross-heading above section 126B Above section 126B, insert: “Application of Human Rights Act 1993” 103 Schedule 2 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1—continued New cross-heading above section 127 Above section 127, insert: “Offences and general penalty” New Part 3A heading Above section 132, insert: “Part 3A “Administration: regulations and rules, annual reports, and repeals and savings”.
Part 2 Consequential amendments to principal Act Section 3(1) In the definition of benefit, paragraph (a), replace “this Part” with “any of Parts 1A to 1P”.

Section 12J(1) In paragraph (a), replace “Part 1” with “Parts 1A to 1P”.

Section 124 In subsection (2)(a)(ii), replace “Part 1” with “this Act”.

In subsection (2A)(a), replace “Part 1” with “Parts 1A to 1P”.
Part 3 Consequential amendments to other Acts Income Tax Act 2007 (2007 No 97) In section YA 1, definition of financially independent, paragraph (c), replace “Part 1” with “any of Parts 1A to 1P”.

5 10 15 20 Legal Services Act 2011 (2011 No 4) In Schedule 1, clause 2(1)(c), replace “Part 1” with “any of Parts 1A 25 to 1P”.
104 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 3 s 80 Schedule 3 Consequential amendments to other enactments: Sole parent support Part 1 Acts amended Child Support Act 1991 (1991 No 142) In section 2(1), definition of social security benefit, paragraph (a), replace “a domestic purposes benefit granted under section 27B” with “sole parent support granted under section 20D”.

In section 2(1), definition of social security benefit, repeal paragraph 10 (c)(i).
5 Income Tax Act 2007 (2007 No 97) In section YA 1, definition of income-tested benefit, paragraph (a), replace “domestic purposes benefit” with “sole parent support”.

In section YA 1, definition of income-tested benefit, repeal para- 15 graph (g).

Rates Rebate Act 1973 (1973 No 5) In section 2(1), definition of income, paragraph (d)(vii), delete “a widow’s,”.

In section 2(1), definition of income, paragraph (d)(vii), replace “do- 20 mestic purposes,” with “sole parent support,”.
Part 2 Regulations amended Health Entitlement Cards Regulations 1993 (SR 1993/169) Replace regulation 8(1)(a)(i) and (ii) with: “(i) sole parent support:”.

In regulation 8(1)(a)(vi), after “instead of”, insert “sole parent sup- port or”.

Social Security (Debt Recovery Suspension) Regulations 2007 (SR 2007/86) In regulation 3, definition of working-age benefit, paragraph (c), replace “a domestic purposes benefit” with “sole parent support”.
25 30 105 Schedule 3 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 2—continued Social Security (Debt Recovery Suspension) Regulations 2007 (SR 2007/86)—continued In regulation 3, definition of working-age benefit, revoke paragraph (g).

Social Security (Exemptions under Section 105) Regulations 1998 (SR 1998/270) In the heading to regulation 7, replace “domestic purposes” with 5 “sole parent support”.

In regulation 7(1), replace “domestic purposes” with “sole parent support”.
Social Security (Period of Income Assessment) Regulations 1996 (SR 1996/128) In the Schedule, clause 1, delete “Widow’s benefit”.

In the Schedule, clause 1, replace “Domestic purposes benefit” with “Sole parent support”.

In the Schedule, clause 1, above the item relating to New Zealand Superannuation or veteran’s pension, insert: “ Jobseeker support paid at the rate in clause 1(ab) or (ba) of Schedule 9 of the Social Security Act 1964”.
10 15 Social Security (Temporary Additional Support) Regulations 2005 (SR 2005/334) In regulation 4, definition of specified benefits, revoke paragraph (c).

20 In regulation 4, definition of specified benefits, paragraph (d), re- place “a domestic purposes benefit” with “sole parent support”.
Social Welfare (Reciprocity with Canada) Order 1996 (SR 1996/178) After clause 3(2), insert: “(3) A reference (however expressed) in either of the following to a widow’s benefit, or a domestic purposes benefit paid to a wid- ower, under the Social Security Act 1964 in relation to New Zealand must on and after 15 July 2013 (unless the savings provisions in clause 3 of Schedule 32 of the Social Security 30 25 106 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 3 Social Welfare (Reciprocity with Canada) Order 1996 (SR 1996/178)—continued Part 2—continued Act 1964 apply) be read as a reference to sole parent support under the Social Security Act 1964 for a woman or, as the case requires, a man, whose spouse or partner has died: “(a) “(b) a provision of the agreement set out in Schedule 1: a provision of a document related to the operation on or 5 after 15 July 2013 of this order.” Social Welfare (Reciprocity with Denmark) Order 1997 (SR 1997/135) After clause 3(2), insert: “(3) A reference (however expressed) in either of the following to a 10 widow’s benefit, or a domestic purposes benefit paid to a wid- ower, under the Social Security Act 1964 in relation to New Zealand must on and after 15 July 2013 (unless the savings provisions in clause 3 of Schedule 32 of the Social Security Act 1964 apply) be read as a reference to sole parent support 15 under the Social Security Act 1964 for a woman or, as the case requires, a man, whose spouse or partner has died: “(a) “(b) a provision of the
 agreement set out in the Schedule: a provision of a document related to the operation on or after 15 July 2013 of this order.” 20 Social Welfare (Reciprocity with Ireland) Order 1993 (SR 1993/251) After clause 2(2), insert: “(3) A reference (however expressed) in either of the following to a widow’s benefit, or a domestic purposes benefit paid to a wid- 25 ower, under the Social Security Act 1964 in relation to New Zealand must on and after 15 July 2013 (unless the savings provisions in clause 3 of Schedule
 32 of the Social Security Act 1964 apply) be read as a reference to sole parent support under the Social Security Act 1964 for a woman or, as the case 30 requires, a man, whose spouse or partner has died: “(a) a provision of the agreement set out in the Schedule: 107 Schedule 3 Social Security (Benefit Categories and Work Focus) Amendment Bill Social Welfare (Reciprocity with Ireland) Order 1993 (SR 1993/251)—continued Part 2—continued “(b) a provision of a document related to the operation on or after 15 July 2013 of this order.” 5 Social Welfare (Reciprocity with Jersey and Guernsey) Order 1995 (SR 1995/44) After clause 2(2), insert: “(3) A reference (however expressed) in either of the following to a widow’s benefit, or a domestic purposes benefit paid to a wid- ower, under the Social Security Act 1964 in relation to New Zealand must on and after 15 July 2013 (unless the savings provisions in clause 3 of Schedule 32 of the Social Security 10 Act 1964 apply) be read as a reference to sole parent support under the Social Security Act 1964 for a woman or, as the case requires, a man, whose spouse or partner has died: “(a) “(b) a provision of the agreement set out in the Schedule: a provision of a document related to the operation on or 15 after 15 July 2013 of this order.” Social Welfare (Reciprocity with the Hellenic Republic) Order 1993 (SR 1993/347) After clause 2(2), insert: “(3) A reference (however expressed) in either of the following to a 20 widow’s
 benefit, or a domestic purposes benefit paid to a wid- ower, under the Social Security Act 1964 in relation to New Zealand must on and after 15 July 2013 (unless the savings provisions in clause 3 of Schedule 32 of the Social Security Act 1964 apply) be read as a reference to sole parent support 25 under the Social Security Act 1964 for a woman or, as the case requires, a man, whose spouse or partner has died: “(a) “(b) a provision of the agreement set out in the Schedule: a provision of a document related to the
 operation on or after 15 July 2013 of this order.” 30 108 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 3 Part 2—continued Social Welfare (Reciprocity with the Netherlands) Order 2003 (SR 2003/216) After clause 3(4), insert: “(5) A reference (however expressed) in either of the following to a widow’s benefit, or a domestic purposes benefit paid to a wid- 5 ower, under the Social Security Act 1964 in relation to New Zealand must on and after 15 July 2013 (unless the savings provisions in clause 3 of Schedule 32 of the Social Security Act 1964 apply) be read as a reference to sole parent support under the Social Security Act 1964 for a woman or, as the case 10 requires, a man, whose spouse or partner has died: “(a) a provision of a document set out in any of Schedules 1 to 4: a provision of a document related to the operation on or after 15 July 2013 of this order.” “(b) 15 Social Welfare (Reciprocity with the United Kingdom) Order 1990 (SR 1990/85) After clause 2(2), insert: “(3) A reference (however expressed) in either of the following to a widow’s benefit under the Social Security Act 1964 in relation 20 to New Zealand must on and after 15 July 2013 (unless the savings provisions in clause 3 of Schedule 32 of the Social Security Act 1964 apply) be read as a reference to sole parent support under the Social Security Act 1964 for a woman whose spouse or partner has died: “(a) “(b) a provision of the Convention set out in the Schedule: a
 provision of a document related to the operation on or after 15 July 2013 of this order.” 25 Student Allowances Regulations 1998 (SR 1998/277) In regulation 2(1), definition of supported child, paragraph (c)(ii), 30 replace “a domestic purposes benefit” with “sole parent support”.
In regulation 2(1), definition of supported child, paragraph (c)(ii), delete “or a widow’s benefit”.

109 Schedule 3 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 2—continued Student Allowances Regulations 1998 (SR 1998/277)—continued In regulation 13(1)(b), replace “a domestic purposes benefit” with “sole parent support”.

In regulation 13(1), revoke paragraph (f).


110 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 4 Schedule 4 Consequential amendments to other enactments: Supported living payment Part 1 Acts amended s 91 Accident Compensation Act 2001 (2001 No 49) In Schedule 1, clause 42(3)(a)(ii), replace “of invalid’s benefit” with “and without dependent children of supported living payment”.
In Schedule 1, clause 42(3)(b)(ii), replace “of invalid’s benefit” with “and without dependent children of supported living payment”.

5 10 15 Child Support Act 1991 (1991 No 142) In section 2(1), definition of social security benefit, paragraph (c)(ii), replace “an invalid’s benefit granted under section 40” with “a supported living payment granted under section 40B on the grounds of sickness, injury, disability, or total blindness”.
In section 30(2), replace “invalid’s benefit” with “supported living payment”.

In section 30(4)(a), replace “invalid’s benefit” with “supported living payment”.

In section 30(5), definition of gross married rate of invalid’s bene- 20 fit, replace “invalid’s benefit” with “supported living payment”.

In section 30(5), definition of gross married rate of invalid’s bene- fit, replace “paragraph (f)” with “clause 1(f)”.
In section 30(5), definition of gross married rate of invalid’s bene- fit, replace “invalid’s benefit” with “supported living payment”.

In section 30(5), definition of gross single rate of invalid’s benefit, replace “invalid’s benefit” with “supported living payment”.

In section 30(5), definition of gross single rate of invalid’s benefit, replace “paragraph (b)” with “clause 1(b)”.
In section 30(5), definition of gross single rate of invalid’s benefit, 30 replace “invalid’s benefit” with “supported living payment”.

25 Income Tax Act 2007 (2007 No 97) In section YA 1, definition of income-tested benefit, paragraph (d), replace “invalids’ benefit” with “supported living payment”.
111 Schedule 4 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 1—continued New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84) In section 17(2)(c), replace “an invalid’s benefit” with “a supported living payment”.

Rates Rebate Act 1973 (1973 No 5) In section 2(1), definition of income, paragraph (d)(vii), replace “in- valid’s,” with “any supported living payment,”.
5 Part 2 Regulations amended Health Entitlement Cards Regulations 1993 (SR 1993/169) Replace regulation 8(1)(a)(iii) with: 10 “(ii) supported living payment:”.

Social Security (Debt Recovery Suspension) Regulations 2007 (SR 2007/86) In regulation 3, definition of working-age benefit, paragraph (f), re- 15 place “an invalid’s benefit” with “a supported living payment”.
Social Security (Exemptions under Section 105) Regulations 1998 (SR 1998/270) In regulation 5(2)(a)(ii), replace “an invalid’s benefit under” with “a supported living payment on the grounds of sickness, injury, disabil- 20 ity, or total blindness under section 40B of”.

In regulation 6(2)(a)(ii), replace “an invalid’s benefit under” with “a supported living payment on the grounds of sickness, injury, disabil- ity, or total blindness under section 40B of”.
Social Security (Invalid’s Benefit) Regulations 1998 (SR 1998/241) In regulation 1(1), replace “Invalid’s” with “Supported Living Pay- ments”.
25 112 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 4 Social Security (Invalid’s Benefit) Regulations 1998 (SR 1998/241)—continued Part 2—continued After regulation 1, insert: “1A Renaming of these regulations, and references to their previous name “(1) These regulations are the Social Security (Invalid’s Benefit) Regulations 1998 as renamed on 15 July 2013 by the Social 5 Security (Benefit Categories and Work Focus) Amend- ment Act 2012.
“(2) After 14 July 2013 a reference in an enactment or in a docu- ment to the Social Security (Invalid’s Benefit) Regulations 1998 must, unless the context otherwise requires, be read as a 10 reference to the Social Security (Supported Living Payments Benefit) Regulations 1998.” In regulation 2, replace “40(2)(a)” with “40B(2)(a)”.

Social Security (Period of Income Assessment) Regulations 1996 (SR 1996/128) In the Schedule, clause 1, replace “Invalid’s benefit” with “Supported living payment”.
15 Social Security (Temporary Additional Support) Regulations 2005 (SR 2005/334) In regulation 4, definition of specified benefits, paragraph (e), re- 20 place “an invalid’s benefit” with “a supported living payment”.
Social Welfare (Reciprocity with Australia) Order 2002 (SR 2002/119) In clause 4, insert as subclause (2): “(2) A reference (however expressed) in either of the following to 25 an invalid’s benefit under the Social Security Act 1964 in rela- tion to New Zealand must on and after 15 July 2013 be read as a reference to a supported living payment on the grounds of sickness, injury, disability, or total blindness under the Social Security Act 1964: “(a) a provision of the agreement, or of the notes, referred to in clause 3: 30 113 Schedule 4 Social Security (Benefit Categories and Work Focus) Amendment Bill Social Welfare (Reciprocity with Australia) Order 2002 (SR 2002/119)—continued Part 2—continued “(b) a provision of a document related to the operation on or after 15 July 2013 of this order.” Social Welfare (Reciprocity with Canada) Order 1996 (SR 1996/178) In clause 3, insert in its appropriate numerical order: “(4) A reference (however expressed) in either of the following to an invalid’s benefit under the Social Security Act 1964 in rela- tion to New Zealand must on and after 15 July 2013 be read as a reference to a supported living payment on the grounds of sickness, injury, disability, or total blindness under the Social 10 Security Act 1964: “(a) “(b) a provision of the agreement set out in Schedule 1: a provision of a document related to the operation on or after 15 July 2013 of this order.” 5 15 Social Welfare (Reciprocity with Denmark) Order 1997 (SR 1997/135) In clause 3, insert in its appropriate
 numerical order: “(4) A reference (however expressed) in either of the following to an invalid’s benefit under the Social Security Act 1964 in rela- tion to New Zealand must on and after 15 July 2013 be read 20 as a reference to a supported living payment on the grounds of sickness, injury, disability, or total blindness under the Social Security Act 1964: “(a) “(b) a provision of the agreement set out in the Schedule: a provision of a document related to the operation on or 25 after 15 July 2013 of this
 order.” Social Welfare (Reciprocity with the Hellenic Republic) Order 1993 (SR 1993/347) In clause 2, insert in its appropriate numerical order: “(4) A reference (however expressed) in either of the following to 30 an invalid’s benefit under the Social Security Act 1964 in rela- tion to New Zealand must on and after 15 July 2013 be read 114 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 4 Part 2—continued Social Welfare (Reciprocity with the Hellenic Republic) Order 1993 (SR 1993/347)—continued as a reference to a supported living payment on the grounds of sickness, injury, disability, or total blindness under the Social Security Act 1964: “(a) “(b) a provision of the agreement set out in the Schedule: a provision of a document related to the operation on or 5 after 15 July 2013 of this order.” Social Welfare (Reciprocity with Ireland) Order 1993 (SR 1993/251) In clause 2, insert in its appropriate numerical order: “(4) A reference (however expressed) in either of the following to 10 an invalid’s benefit under the Social Security Act 1964 in rela- tion to New Zealand must on and after 15 July 2013 be read as a reference to a supported living payment on the grounds of sickness, injury, disability, or total blindness under the Social Security Act 1964: “(a) “(b) a provision of the agreement set out in the Schedule: a provision of a document related to the operation on or after 15 July 2013 of this order.” 15 20 Social Welfare
 (Reciprocity with Jersey and Guernsey) Order 1995 (SR 1995/44) In clause 2, insert in its appropriate numerical order: “(4) A reference (however expressed) in either of the following to an invalid’s benefit under the Social Security Act 1964 in rela- tion to New Zealand must on and after 15 July 2013 be read as a reference to a supported living payment on the grounds of 25 sickness, injury, disability, or total blindness under the Social Security Act 1964: “(a) “(b) a provision of the agreement set out in the
 Schedule: a provision of a document related to the operation on or after 15 July 2013 of this order.” 30 115 Schedule 4 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 2—continued Social Welfare (Reciprocity with the Netherlands) Order 2003 (SR 2003/216) In clause 3, insert in its appropriate numerical order: “(6) A reference (however expressed) in either of the following to an invalid’s benefit under the Social Security Act 1964 in rela- 5 tion to New Zealand must on and after 15 July 2013 be read as a reference to a supported living payment on the grounds of sickness, injury, disability, or total blindness under the Social Security Act 1964: “(a) a provision of a document set out in any of Schedules 1 10 to 4: a provision of a document related to the operation on or after 15 July 2013 of this order.” “(b) 15 Social Welfare (Reciprocity with the United Kingdom) Order 1990 (SR 1990/85) In clause 2, insert in its appropriate numerical order: “(4) A reference (however expressed) in either of the following to an invalid’s benefit under the Social Security Act 1964 in rela- tion to New Zealand must on and after 15 July 2013 be read as a reference to a supported living payment on the grounds of 20 sickness, injury, disability, or total blindness under the Social Security Act 1964: “(a) “(b) a provision of the Convention set out in the Schedule: a provision of a document related to the operation on or after 15 July 2013 of this order.” Student Allowances Regulations 1998 (SR 1998/277) In regulation 2(1), definition of supported child, paragraph (c)(ii), replace “an invalid’s benefit,” with “or a supported living payment”.
In regulation 13(1)(e), replace “an invalid’s benefit” with “a sup- ported living payment”.

116 25 30 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 4 Part 2—continued Taxation (Abated Interim Payments of subparts MA to MF and MZ Credit) Regulations 2002 (SR 2002/52) In regulation 3(1)(a), replace “an invalids’ benefit” with “a supported living payment on the grounds of sickness, injury, disability, or total blindness”.
In regulation 3(1)(b), replace “an invalid’s benefit” with “a supported living payment on the grounds of sickness, injury, disability, or total blindness”.

5 117 Schedule 5 Social Security (Benefit Categories and Work Focus) Amendment Bill s 108 Schedule 5 Consequential amendments to other enactments: Sickness benefit Part 1 Acts amended Child Support Act 1991 (1991 No 142) In section 2(1), definition of social security benefit, repeal paragraph (c)(iv).
5 Education Act 1989 (1989 No 80) In section 226A(1), definition of benefit, delete “or a sickness bene- 10 fit”.

In section 235F(1), definition of benefit, delete “or a sickness bene- fit”.

Income Tax Act 2007 (2007 No 97) In section YA 1, definition of income-tested benefit, repeal para- 15 graph (e).

Part 2 Regulations amended Social Security (Debt Recovery Suspension) Regulations 2007 (SR 2007/86) In regulation 3, definition of working-age benefit, revoke paragraph (b).
Social Security (Exemptions under Section 105) Regulations 1998 (SR 1998/270) Replace regulation 5(2)(g) with: “(g) the person meets the criteria for jobseeker support on the sickness, injury, or disability ground in sec- tion 88B(1)(b) or (c) of the Act.” Replace regulation 6(2)(e) with: 20 25 “(e) the person meets the criteria for jobseeker support 30 on the sickness, injury, or disability ground in sec- tion 88B(1)(b) or (c) of the Act.” 118 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 5 Part 2—continued Social Security (Sickness Benefit—Medical Examinations) Regulations 2010 (SR 2010/259) In regulation 1, replace “Sickness Benefit” with “Jobseeker Support”.
After regulation 1, insert: “1A Renaming of these regulations, and references to their previous name “(1) These regulations are the Social Security (Sickness Bene- fit—Medical Examinations) Regulations 2010 as renamed on 15 July 2013 by the Social Security (Benefit Categories and Work Focus) Amendment Act 2012.
5 10 “(2) After 14 July 2013 a reference in an enactment or in a document to the Social Security (Sickness Benefit—Medical Examinations) Regulations 2010 must, unless the context otherwise requires, be read as a reference to the Social Secur- ity (Jobseeker Support—Medical Examinations) Regulations 15 2010.” In the heading to regulation 4, replace “54B(1)(d)” with “88E(2)(d)”.

In regulation 4, replace “54B(1)(d)” with “88E(2)(d)”.
Social Security (Temporary Additional Support) Regulations 2005 (SR 2005/334) In regulation 4, definition of specified benefits, revoke paragraph (b).
20 Social Welfare (Reciprocity with Jersey and Guernsey) Order 1995 (SR 1995/44) In clause 2, insert in its appropriate numerical order: “(5) A reference (however expressed) in either of the following to a 25 sickness benefit under the Social Security Act 1964 in relation to New Zealand must on and after 15 July 2013 be read as a reference to jobseeker support on the grounds of sickness, injury, or disability under the Social Security Act 1964: “(a) “(b) a provision of the agreement set out in the Schedule: a provision of a document related to the operation on or after 15 July 2013 of this order.” 30 119 Schedule 5 Social Security (Benefit Categories and Work Focus) Amendment Bill Part 2—continued Social Welfare (Reciprocity with the United Kingdom) Order 1990 (SR 1990/85) In clause 2, insert in its appropriate numerical order: “(5) A reference (however expressed) in either of the following to a sickness benefit under the legislation of New Zealand must 5 on and after 15 July 2013 be read as a reference to jobseeker support on the grounds of sickness, injury, or disability under the legislation of New Zealand: “(a) “(b) a provision of the Convention set out in the Schedule: a provision of a document related to the operation on or 10 after 15 July 2013 of this order.” Student Allowances Regulations 1998 (SR 1998/277) In regulation 2(1), definition of supported child, paragraph (c)(ii), delete “a sickness benefit,”.
Revoke regulation 13(1)(a).

15 120 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 6 s 123 Schedule 6 Consequential amendments to other enactments: Jobseeker support Part 1 Acts amended Child Support Act 1991 (1991 No 142) In section 2(1), definition of social security benefit, paragraph (c)(iii), replace “an unemployment benefit” with “jobseeker sup- port”.

In section 30(3), replace “unemployment benefit” with “jobseeker 10 support”.
In section 30(5), definition of gross married rate of unemploy- ment benefit, replace “unemployment benefit” with “jobseeker support”.

5 Education Act 1989 (1989 No 80) In section 226A(1), definition of benefit, replace “an unemployment benefit” with “jobseeker support”.

In section 235F(1), definition of benefit, replace “an unemployment benefit” with “jobseeker support”.
15 Income Tax Act 2007 (2007 No 97) In section YA 1, definition of income-tested benefit, paragraph (f), replace “unemployment benefit” with “jobseeker support”.

20 Part 2 Regulations amended Social Security (Debt Recovery Suspension) Regulations 2007 (SR 2007/86) In regulation 3, definition of working-age benefit, paragraph (a), replace “an unemployment benefit” with “jobseeker support”.
Social Security (Temporary Additional Support) Regulations 2005 (SR 2005/334) In regulation 4, definition of specified benefits, paragraph (a), re- place “an unemployment benefit” with “jobseeker support”.

25 30 121 Schedule 6 Social Security (Benefit Categories and Work Focus) Amendment Bill Social Security (Temporary Additional Support) Regulations 2005 (SR 2005/334)—continued Part 2—continued In regulation 10(3)(b), replace “an unemployment benefit” with “job- seeker support”.
In regulation 13, headings to examples 1, 2, and 3, replace “unem- ployment beneficiary” with “jobseeker support beneficiary”.

In regulation 13, examples 1, 2, and 3, replace “unemployment bene- 5 ficiary” with “jobseeker support beneficiary”.

In regulation 13, examples 1, 2, and 3, replace “unemployment bene- fit” with “jobseeker support” in each place.

In Schedule 3, clause 2, replace “an unemployment benefit” with “jobseeker support”.
10 Social Welfare (Reciprocity with the United Kingdom) Order 1990 (SR 1990/85) In clause 2, insert in its appropriate numerical order: “(6) A reference (however expressed) in either of the following to an unemployment benefit under the legislation of New 15 Zealand must on and after 15 July 2013 be read as a reference to jobseeker support under the legislation of New Zealand: “(a) “(b) a provision of the Convention set out in the Schedule: a provision of a document related to the operation on or after 15 July 2013 of this order.” Student Allowances Regulations 1998 (SR 1998/277) In regulation 2(1), definition of supported child, paragraph (c)(ii), replace “an unemployment benefit” with “jobseeker support”.
In regulation 13(1)(ab), replace “an unemployment benefit” with “jobseeker support”.
122 20 25 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 7 Schedule 7 New Schedule 32 Schedule 32 Application, transitional, and savings provisions related to amendments to this Act Contents Social Security Amendment Act 2001 Transfer from community wage to unemployment benefit on 1 July 2001 Social Security (Benefit Categories and Work Focus) Amendment Act 2012 Transfer from DPBs for solo parents and widows’ benefits to sole parent support or jobseeker support on 15 July 2013 Reciprocity agreement applicants for, or recipients of, certain DPBs for solo parents or widows’ benefits Transfer from invalids’ benefits and DPBs for care of sick or infirm to supported living payment on 15 July 2013 Social Security (Supported Living Payments Benefit) Regulations 1998 Transfer from unemployment benefit to jobseeker support on 15 July 2013 Transfer from sickness benefit to jobseeker support on 15 July 2013 Social Security (Jobseeker Support—Medical Examinations) Regulations 2010 Transfer from DPBs for women alone to jobseeker support on 15 July 2013 Appeals, and appeal boards, under section 53A Temporary exemption from full-time student ineligiblity for certain transferees to jobseeker support When beneficiaries can be paid benefit while overseas: travel booked before, but occurring after, 15 July 2013 Saving of failures and sanctions not saved by other clauses Regulations providing for transitional matters s 132 s 3C Page 124 5 125 128 130 133 134 135 138 138
 140 140 141 142 142 123 Schedule 7 Social Security (Benefit Categories and Work Focus) Amendment Bill Social Security Amendment Act 2001 1 (1) Transfer from community wage to unemployment benefit on 1 July 2001 This clause 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) (b) fulfilling the conditions of entitlement to the community wage; or eligible to be granted a community wage under former section 90.
(ii) 5 10 (3) (2) On 1 July 2001, in relation to a person to whom this clause ap- plies, the community wage becomes an unemployment bene- fit as if it were granted under section 89 (as in force before 15 15 July 2013).
For the avoidance of doubt, the operation of subclause (2) does not affect, in relation to a person to whom this clause applies and his or her spouse (if any),— the rate of benefit paid; and (a) the obligations under section 97 (as in force before (b) 15 July 2013); and any requirement to undertake an organised activity under former section 111; and any exemption from the work test under section 105; 25 and a sanction applying under any of former sections 115 to 118.
(d) (c) (e) 20 (4) In this clause, former section means a section of this Act as it was before 1 July 2001.
30 124 2 (1) (2) (3) Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 7 Social Security (Benefit Categories and Work Focus) Amendment Act 2012 Transfer from DPBs for solo parents and widows’ benefits to sole parent support or jobseeker support on 15 July 2013 Widows’ benefits and DPBs for solo parents abolished The following are (subject to the savings in clause 3) abol- ished on 15 July 2013: (a) (b) widows’ benefits under section 21. domestic purposes benefits under section 27B: 5 10 Applications made, but not determined, before 15 July 2013, or made after 14 July 2013 but before 15 August 2013 The chief executive must after 14 July 2013 determine under this subclause, in accordance with the applicant’s entitlement immediately before 15 July 2013 to the abolished benefit, an 15 application that is either— (a) an application for a domestic purposes benefit under section 27B or for a widow’s benefit under section 21, and that is made, but is not decided or determined by the chief executive, before 15 July 2013; or an application for a domestic purposes benefit under section 27B or for a widow’s benefit under section 21, and that is made after 14 July 2013 but before 15 Au- gust 2013.
(b) 20 If it is determined under subclause (2) that the applicant had 25 an entitlement to the abolished benefit,— (a) he or she must be treated as a person to whom sub- clause (6)(a) applies if, at the close of 14 July 2013, he or she was a person with a dependent child aged under 14 years; and he or she must be treated as a person to whom sub- clause (8)(a) applies if, at the close of 14 July 2013, he or she was a person without a dependent child aged under 14 years; but no new benefit to which he or she is transferred by this 35 clause commences before the abolished benefit would have.
30 (b) (c) 125 Schedule 7 Social Security (Benefit Categories and Work Focus) Amendment Bill (4) If it is determined under subclause (2) that the applicant had no entitlement to the abolished benefit, the applicant’s appli- cation must be treated,— (a) if made in respect of a person with a dependent child aged under 14 years, as an application for sole parent 5 support; and if made in respect of a person without a dependent child aged under 14 years, as an application for jobseeker support.
(b) (5) Despite subclause (4), requirements or consequences of fail- 10 ures that apply to the applicant under section 21A or 27CA at the close of 14 July 2013 continue to apply to the applicant after 14 July 2013 as if they could be, and had been, imposed under sections 11E to 11G in respect of the deemed applica- tion for sole parent support or, as the case requires, jobseeker 15 support.
(6) Transfer to sole parent support of beneficiaries with dependent child aged under 14 years This subclause applies to a person with a dependent child aged under 14 years who, immediately before 15 July 2013,— (a) was receiving, or entitled to receive, a domestic pur- poses benefit under section 27B or a widow’s benefit under section 21; or had been granted a domestic purposes benefit under sec- tion 27B, or a widow’s benefit under section 21, that 25 was subject to a stand down period under sections 80 to 80BA.
(b) 20 (7) A person to whom subclause (6) applies is, subject to sub- clauses (10) to (15) and to a review under section 81, entitled to sole parent support at the appropriate rate in Schedule 3A 30 as if the person had applied for it, and commencing— (a) on 15 July 2013, if subclause (6)(a) applies to the person; or at the end of the stand down period referred to in sub- clause (6)(b).
35 (b) 126 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 7 (8) Transfer to jobseeker support of beneficiaries without dependent child aged under 14 years This subclause applies to a person without a depend- immediately before ent child aged under 14 years who, 15 July 2013,— (a) was receiving, or entitled to receive, a domestic pur- poses benefit under section 27B or a widow’s benefit under section 21; or had been granted a domestic purposes benefit under sec- tion 27B, or a widow’s benefit under section 21, that 10 was subject to a stand down period under sections 80 to 80BA.
(b) 5 (9) A person to whom subclause (8) applies is, subject to sub- clauses (10) to (15) and to a review under section 81, entitled to jobseeker support at the appropriate rate in Schedule 9 as if 15 the person had applied for it, and commencing— (a) on 15 July 2013, if subclause (8)(a) applies to the person; or at the end of the stand down period referred to in sub- clause (8)(b).
(b) 20 Savings relating to transfer to sole parent or jobseeker support (10) Despite section 80BE(5), the expiry date of jobseeker sup- port to which a person to whom subclause (8) applies is entitled under subclause (9) is the date on which the per- 25 son’s domestic purposes benefit under section 27B, or widow’s benefit under section 21, commenced or, as the case may be, last commenced.
(11) Obligations under sections 60Q(2), 102, and 102A, and ex- emptions from the work test under section 105, that immedi- 30 ately before 15 July 2013 apply to a person to whom sub- clause (6)(a) or (8)(a) applies continue after 14 July 2013 in respect of sole parent support or jobseeker support to which the person is entitled under subclause (7) or (9).
(12) A person to whom subclause (6) applies who at the close of 35 14 July 2013 is subject to an exemption under section 105 from some or all of his or her work test obligations on the ground in regulation 6(2)(d) or (e) of the Social Security (Ex- 127 Schedule 7 Social Security (Benefit Categories and Work Focus) Amendment Bill emptions under Section 105) Regulations 1998 is deemed to have all of his or her work test obligations deferred under sec- tion 88I for a period that is the same as the period for which the exemption was granted under section 105.
(13) Failures under section 115 or 116A by a person to whom 5 subclause (6)(a) or (8)(a) applies, and sanctions for those failures under section 117(1)(a) or (b), continue after 14 July 2013 and are failures or sanctions in respect of sole parent support or jobseeker support to which the person is entitled under subclause (7) or (9).
(14) A person whose domestic purposes benefit under section 27B, or widow’s benefit under section 21, was cancelled before 15 July 2013 under section 117(1)(c) is not entitled to receive sole parent support or jobseeker support for 13 weeks from the date of cancellation.

(15) Subclause (14) does not limit section 117(2)(a).

Clause does not apply to reciprocity agreement applicants or recipients (16) Subclauses (2) to (15) do not apply to a person to whom clause 3(1) or (3) applies.
10 15 20 3 Reciprocity agreement applicants for, or recipients of, certain DPBs for solo parents or widows’ benefits (1) Reciprocity agreement applicants may be granted former benefit as if it had not been abolished This subclause applies to a widow or widower who, imme- 25 diately before 15 July 2013, was ordinarily resident in New Zealand or an overseas country, and had made an application pursuant to an agreement or convention given effect in rela- tion to New Zealand by an Order in Council made pursuant to section 19 of the Social Welfare (Transitional Provisions) Act 30 1990 for, and had entitlement to, but had not yet in response to the application been granted,— (a) (b) a widow’s benefit under section 21; or a domestic purposes benefit under section 27B for an applicant as defined in section 27B(1)(f).
(2) A widow or widower to whom subclause (1) applies may be granted the benefit in subclause (1)(a) or (b) (as the case 35 128 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 7 requires) as if that benefit had not been abolished and as if the provisions on that benefit had not been repealed, and if granted to the widow or widower that benefit commences as it would have done had those provisions not been repealed, and continues so long as— (a) the widow or widower continues to meet the conditions of entitlement to that benefit in those provisions; and the agreement or convention, or any replacement agree- ment or convention, continues in force in relation to New Zealand.
(b) 5 10 (3) Reciprocity agreement recipients’ entitlement continues as if former benefits not abolished This subclause applies to a person who, immediately before 15 July 2013, was ordinarily resident in an overseas country, and was receiving, or granted and entitled to receive, pursuant 15 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,— (a) (b) a widow’s benefit under section 21; or a domestic purposes benefit under section 27B for an 20 applicant as defined in section 27B(1)(f).
(4) A person to whom subclause (3) applies is entitled to the benefit in subclause (3)(a) or (b) (as the case requires) as if that benefit had not been abolished and as if the provisions on that benefit had not been repealed, and that benefit continues 25 so long as— (a) the person continues to meet the conditions of entitle- ment to that benefit in those provisions; and the agreement or convention, or any replacement agree- ment or convention, continues in force in relation to 30 New Zealand.
(b) (5) Alteration, and annual CPI adjustment, of rates of saved former benefits Sections 61H and 61HA must for the purposes of subclauses (2) and (4) be treated as continuing to authorise amendments 35 and require adjustments to Schedules 3 and 16 on and after 15 July 2013.
129 Schedule 7 Social Security (Benefit Categories and Work Focus) Amendment Bill 4 Transfer from invalids’ benefits and DPBs for care of sick or infirm to supported living payment on 15 July 2013 Invalids’ benefits renamed, and DPBs under section 27G abolished (1) On 15 July 2013,— (a) (b) invalids’ benefits under section 40 are renamed as the supported living payment under section 40B: domestic purposes benefits under section 27G are abol- ished and replaced with the supported living payment under section 40D.
5 10 (2) (3) (4) (b) Applications made, but not determined, before 15 July 2013, or made after 14 July 2013 but before 15 August 2013 The chief executive must after 14 July 2013 determine under this subclause, in accordance with the applicant’s entitlement immediately before 15 July 2013 to the invalids’ benefit, an 15 application that is either— (a) an application for an invalid’s benefit, and that is made, but not decided or determined by the chief executive, before 15 July 2013; or an application for an invalid’s benefit, and that is made 20 after 14 July 2013 but before 15 August 2013.
If it is determined under subclause (2) that the applicant had an entitlement to the invalids’ benefit before it was re- named, he or she must be treated as a person to whom sub- clause (8)(a) applies, but no new benefit to which he or she 25 is transferred by this clause commences before the invalids’ benefit would have.
If it is determined under subclause (2) that the applicant had no entitlement to the invalids’ benefit before it was renamed, the applicant’s application must be treated as an application for 30 a supported living payment under section 40B on the grounds of sickness, injury, disability, or total blindness.
(5) An application for a domestic purposes benefit under sec- tion 27G made, but not decided or determined by the chief executive, before 15 July 2013, must after 14 July 2013 35 be determined under this subclause in accordance with the applicant’s entitlement immediately before 15 July 2013 to the abolished benefit.
130 (6) (7) (8) Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 7 If it is determined under subclause (5) that the applicant had an entitlement to the abolished benefit, he or she must be treated as a person to whom subclause (14)(a) applies, but no new benefit to which he or she is transferred by this clause commences before the abolished benefit would have.
If it is determined under subclause (5) that the applicant had no entitlement to the abolished benefit, the applicant’s appli- cation must be treated as an application for a supported living payment under section 40D on the grounds of caring for a patient requiring care.
5 10 Transfer from invalid’s benefit to supported living payment under section 40B This subclause applies to a person who, immediately before 15 July 2013,— (a) was receiving, or entitled to receive, an invalid’s bene- 15 fit; or had been granted an invalid’s benefit that was subject to a stand down period under sections 80 to 80BA.
(b) (9) A person to whom subclause (8) applies is, subject to sub- clauses (10) to (13) and to a review under section 81, entitled 20 to a supported living payment under section 40B at the ap- propriate rate in Schedule 6 as if the person had applied for it, and commencing— (a) on 15 July 2013, if subclause (8)(a) applies to the person; or at the end of the stand down period referred to in sub- clause (8)(b).
(b) 25 Transitional and savings provisions related to transfer to supported living payment under section 40B (10) Obligations under section 60Q(2), and exemptions from 30 the work test under section 105, that immediately before 15 July 2013 apply to the spouse or partner (if any) of a person to whom subclause (8)(a) applies continue after 14 July 2013 in respect of a supported living payment under section 40B to which the person is entitled under 35 subclause (9).
(11) Failures under section 116A by the spouse or partner (if any) of a person to whom subclause (8)(a) applies, and sanctions 131 Schedule 7 Social Security (Benefit Categories and Work Focus) Amendment Bill for those failures under section 117(1)(a) or (b), continue after 14 July 2013 and are failures or sanctions in respect of a supported living payment under section 40B to which the person is entitled under subclause (9).
(12) A person whose invalid’s benefit was cancelled before 5 15 July 2013 under section 117(1)(c) is not entitled to receive a supported living payment under section 40B for 13 weeks from the date of cancellation.

(13) Subclause (12) does not limit section 117(2)(a).
Transfer from DPB for care of sick or infirm to supported living payment under section 40D (14) This subclause applies to a person who, immediately before 15 July 2013,— (a) (b) was receiving, or entitled to receive, a domestic pur- poses benefit under section 27G; or had been granted a domestic purposes benefit under sec- tion 27G that was subject to a stand down period under sections 80 to 80BA.
10 15 (15) Subclause (14)(a) applies, without limitation, to a domestic purposes benefit under section 27G that the person is entitled 20 to continue to receive under the savings provision that is sec- tion 30(2) of the Social Security (Youth Support and Work Fo- cus) Amendment Act 2012.
(16) A person to whom subclause (14) applies is, subject to sub- clauses (17) to (21) and to a review under section 81, entitled 25 to a supported living payment under section 40D at the ap- propriate rate in Schedule 6 as if the person had applied for it, and commencing— (a) on 15 July 2013, if subclause (14)(a) applies to the person; or at the end of the stand down period referred to in sub- clause (14)(b).
(b) 30 Transitional and savings provisions related to transfer to supported living payment under section 40D (17) The following so far as they relate to a person to whom sub- 35 clause (14) applies cease to exist on 15 July 2013, but the person may if considered to have the capacity to do so be re- quired to comply with section 60Q(3): 132 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 7 (a) (b) (c) (d) under before section 60HA made requests 15 July 2013: applications under section 105 to be exempted from complying with any such requests: exemptions under section 105 arising from applications 5 of that kind: the imposition or effects of sanctions imposed under section 60U (as repealed on 15 October 2012 by sec- tion 40 of the Social Security (Youth Support and Work Focus) Amendment Act 2012) because of failures to 10 comply with any such requests.
(18) Obligations under sections 97(1) and (2)(b), 102, and 102A, and exemptions from the work test under section 105, that im- mediately before 15 July 2013 apply to a person to whom subclause (14)(a) applies or to his or her spouse or partner 15 (if any) continue after 14 July 2013 in respect of a supported living payment under section 40D to which the person is en- titled under subclause (16).
(19) Failures under section 115 by a person to whom sub- clause (14)(a) applies or by his or her spouse or partner (if 20 any), and sanctions for those failures under section 117(1)(a) or (b), continue after 14 July 2013 and are failures or sanctions in respect of a supported living payment under section 40D to which the person is entitled under sub- clause (16).
25 (20) A person whose domestic purposes benefit under section 27G was cancelled before 15 July 2013 under section 117(1)(c) is not entitled to receive a supported living payment under sec- tion 40D for 13 weeks from the date of cancellation.

(21) Subclause (20) does not limit section 117(2)(a).
30 5 Social Security (Supported Living Payments Benefit) Regulations 1998 The Social Security (Supported Living Payments Benefit) Regulations 1998, as renamed and amended on 15 July 2013 by the Social Security (Benefit Categories and Work 35 Focus) Amendment Act 2012, after 14 July 2014— (a) must be treated as if they set out a period for the pur- poses of section 40B(2)(a); and 133 Schedule 7 Social Security (Benefit Categories and Work Focus) Amendment Bill (b) may be further amended, revoked, or revoked and re- placed, accordingly.
Transfer from unemployment benefit to jobseeker support on 15 July 2013 Unemployment benefit abolished The unemployment benefit is abolished on 15 July 2013.
5 15 (b) Applications made, but not determined, before 15 July 2013, or made after 14 July 2013 but before 15 August 2013 The chief executive must after 14 July 2013 determine under this subclause, in accordance with the applicant’s entitlement 10 immediately before 15 July 2013 to the abolished benefit, an application that is either— (a) an application for the unemployment benefit, and that is made, but not decided or determined by the chief executive, before 15 July 2013; or an application for the unemployment benefit, and that is made after 14 July 2013 but before 15 August 2013.
If it is determined under subclause (2) that the applicant had an entitlement to the abolished benefit, he or she must be treated as a person to whom subclause (6)(a) applies, but no 20 new benefit to which he or she is transferred by this clause commences before the abolished benefit would have.

If it is determined under subclause (2) that the applicant had no entitlement to the abolished benefit, the applicant’s appli- cation must be treated as an application for jobseeker support.
25 Requirements or consequences of failures that apply to the applicant under section 96A at the close of 14 July 2013 continue to apply to the applicant after 14 July 2013 as if they could be, and had been, imposed under sections 11E to 11G in respect of the deemed application for jobseeker sup- 30 port under subclause (4).
Transfer from unemployment benefit to jobseeker support This subclause applies to a person who, immediately before 15 July 2013,— (a) was receiving, or entitled to receive, an unemployment 35 benefit; or 6 (1) (2) (3) (4) (5) (6) 134 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 7 (b) had been granted an unemployment benefit that was subject to a stand down period under sections 80 to 80BA.
(7) A person to whom subclause (6) applies is, subject to sub- clauses (8) to (12) and to a review under section 81, entitled 5 to jobseeker support at the appropriate rate in Schedule 9 as if the person had applied for it, and commencing— (a) on 15 July 2013, if subclause (6)(a) applies to the person; or at the end of the stand down period referred to in sub- 10 clause (6)(b).
(b) Savings relating to transfer to jobseeker support (8) Despite section 80BE(5), the expiry date of jobseeker sup- port to which a person to whom subclause (6) of this clause applies is entitled under subclause (7) of this clause is the 15 date on which the person’s unemployment benefit commenced or, as the case may be, last commenced.
(9) Obligations under sections 60Q(2), 97(1) and (2)(b), 102, and 102A, and exemptions from the work test under section 105, that immediately before 15 July 2013 apply to a person to 20 whom subclause (6)(a) applies or to his or her spouse or part- ner (if any) continue after 14 July 2013 in respect of jobseeker support to which the person is entitled under subclause (7).
(10) Failures under section 115 or 116A by a person to whom sub- clause (6)(a) applies or by his or her spouse or partner (if 25 any), and sanctions for those failures under section 117(1)(a) or (b), continue after 14 July 2013 and are failures or sanc- tions in respect of jobseeker support to which the person is entitled under subclause (7).
(11) A person whose unemployment benefit was cancelled before 30 15 July 2013 under section 117(1)(c) is not entitled to receive jobseeker support for 13 weeks from the date of cancellation.

(12) Subclause (11) does not limit section 117(2)(a).

7 (1) Transfer from sickness benefit to jobseeker support on 15 July 2013 35 Sickness benefit abolished The sickness benefit is abolished on 15 July 2013.
135 Schedule 7 Social Security (Benefit Categories and Work Focus) Amendment Bill (2) (3) (4) (5) (b) Applications made, but not determined, before 15 July 2013, or made after 14 July 2013 but before 15 August 2013 The chief executive must after 14 July 2013 determine under this subclause, in accordance with the applicant’s entitlement immediately before 15 July 2013 to the abolished benefit, an 5 application that is either— (a) an application for a sickness benefit, and that is made, but not decided or determined by the chief executive, before 15 July 2013; or an application for a sickness benefit, and that is made 10 after 14 July 2013 but before 15 August 2013.
If it is determined under subclause (2) that the applicant had an entitlement to the abolished benefit, he or she must be treated as a person to whom subclause (5)(a) applies, but no new benefit to which he or she is transferred by this clause 15 commences before the abolished benefit would have.
If it is determined under subclause (2) that the applicant had no entitlement to the abolished benefit, the applicant’s appli- cation must be treated as an application for jobseeker support on the grounds of sickness, injury, or disability.
20 Transfer from sickness benefit to jobseeker support This subclause applies to a person who, immediately before 15 July 2013,— (a) was receiving, or entitled to receive, a sickness benefit under section 54 or 54A; or had been granted a sickness benefit that was subject to a stand down period under sections 80 to 80BA.
(b) 25 (6) A person to whom subclause (5) applies is, subject to sub- clauses (7) to (13) and to a review under section 81, entitled to jobseeker support on the grounds of sickness, injury, or dis- 30 ability at the appropriate rate in Schedule 9 as if the person had applied for it, and commencing— (a) on 15 July 2013, if subclause (5)(a) applies to the person; or at the end of the stand down period referred to in sub- 35 clause (5)(b).
(b) 136 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 7 Savings relating to transfer to jobseeker support (7) Despite section 80BE(5), the expiry date of jobseeker sup- port to which a person to whom subclause (5) applies is en- titled under subclause (5) is the date on which the person’s sickness benefit commenced or, as the case may be, last com- 5 menced.
(8) Obligations under sections 54(7), 54E, 60Q(2), 102, and 102A, and exemptions from the work test under section 105, that immediately before 15 July 2013 apply to a person to whom subclause (5)(a) applies or to his or her spouse 10 or partner (if any) continue after 14 July 2013 in respect of jobseeker support to which the person is entitled under subclause (6).
(9) A determination, and a requirement to comply with the work test, that are made under section 54DA(1) in respect of a per- 15 son to whom subclause (5) applies are, after 14 July 2013, deemed to be a determination under section 88F(2) in respect of that person.
(10) A person to whom subclause (5) applies, and in respect of whom no determination and requirement under section 20 54DA(1) have been made before 15 July 2013, is deemed to have been granted on 15 July 2013 a deferral under sec- tion 88I(2) of all his or her work test obligations for the rest of the period (which the chief executive must identify by ref- erence to the medical evidence supplied to the chief executive 25 before 15 July 2013) of the beneficiary’s limited capacity to engage in full-time employment because of sickness, injury, or disability.
(11) Failures under section 115 or 116A by a person to whom sub- clause (5)(a) applies, and sanctions for those failures under 30 section 117(1)(a) or (b), continue after 14 July 2013 and are failures or sanctions in respect of jobseeker support to which the person is entitled under subclause (6).

(12) A person whose sickness benefit was cancelled before 15 July 2013 under section 117(1)(c) is not entitled to receive 35 jobseeker support for 13 weeks from the date of cancellation.
(13) Subclause (12) does not limit section 117(2)(a).
137 Schedule 7 Social Security (Benefit Categories and Work Focus) Amendment Bill 8 Social Security (Jobseeker Support—Medical Examinations) Regulations 2010 The Social Security (Jobseeker Support—Medical Exam- inations) Regulations 2010, as renamed and amended on 15 July 2013 by the Social Security (Benefit Cat- 5 egories and Work Focus) Amendment Act 2012, after 14 July 2013— (a) must be treated as if they specify a kind of health prac- titioner for the purposes of section 88E(2)(d); and (b) may be further amended, revoked, or revoked and re- 10 placed, accordingly.
9 Transfer from DPBs for women alone to jobseeker support on 15 July 2013 DPBs for women alone abolished (1) Domestic purposes benefits under section 27C are abolished 15 on 15 July 2013.
Applications made, but not determined, before 15 July 2013, or made after 14 July 2013 but before 15 August 2013 The chief executive must after 14 July 2013 determine under this subclause, in accordance with the applicant’s entitlement 20 immediately before 15 July 2013 to the abolished benefit, an application that is either— (a) an application for a domestic purposes benefit under section 27C, and that is made, but not decided or de- termined by the chief executive, before 15 July 2013; 25 or an application for a domestic purposes benefit under section 27C, and that is made after 14 July 2013 but before 15 August 2013.
(b) If it is determined under subclause (2) that the applicant 30 had an entitlement to the abolished benefit, he or she must be treated as a person to whom subclause (6)(a) applies, but no new benefit to which he or she is transferred by this clause commences before the abolished benefit would have.

If it is determined under subclause (2) that the applicant had 35 no entitlement to the abolished benefit, the applicant’s appli- cation must be treated as an application for jobseeker support.
(2) (3) (4) 138 (5) (6) Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 7 Requirements or consequences of failures that apply to the applicant under section 27CA at the close of 14 July 2013 continue to apply to the applicant after 14 July 2013 as if they could be, and had been, imposed under sections 11E to 11G in respect of the deemed application for jobseeker sup- 5 port under subclause (4).
Transfer from DPBs for women alone to jobseeker support This subclause applies to a person who, immediately before 15 July 2013,— (a) was receiving, or entitled to receive, a domestic pur- 10 poses benefit under section 27C; or had been granted a domestic purposes benefit under sec- tion 27C that was subject to a stand down period under sections 80 to 80BA.
(b) (7) A person to whom subclause (6) applies is, subject to sub- 15 clauses (8) to (13) and to a review under section 81, entitled to jobseeker support at the appropriate rate in Schedule 9 as if the person had applied for it, and commencing— (a) on 15 July 2013, if subclause (6)(a) applies to the person; or at the end of the stand down period referred to in sub- clause (6)(b).
(b) 20 Savings relating to transfer to jobseeker support (8) Despite section 80BE(5), the expiry date of jobseeker sup- port to which a person to whom subclause (6) applies is en- 25 titled under subclause (7) is the date on which the person’s domestic purposes benefit under section 27C commenced or, as the case may be, last commenced.
(9) Obligations under sections 102 and 102A, and exemptions from the work test under section 105, that immediately before 30 15 July 2013 apply to a person to whom subclause (6)(a) applies continue after 14 July 2013 in respect of jobseeker support to which the person is entitled under subclause (7).
(10) A person to whom subclause (6) applies who at the close of 14 July 2013 is subject to an exemption under section 105 35 from some or all of his or her work test obligations on the ground in regulation 6(2)(d) or (e) of the Social Security (Ex- emptions under Section 105) Regulations 1998 is deemed to 139 Schedule 7 Social Security (Benefit Categories and Work Focus) Amendment Bill have all of his or her work test obligations deferred under sec- tion 88I for a period that is the same as the period for which the exemption was granted under section 105.
(11) Failures under section 115 by a person to whom sub- clause (6)(a) applies, and sanctions for those failures under 5 section 117(1)(a) or (b), continue after 14 July 2013 and are failures or sanctions in respect of jobseeker support to which the person is entitled under subclause (7).

(12) A person whose domestic purposes benefit under section 27C was cancelled before 15 July 2013 under section 117(1)(c) 10 is not entitled to receive jobseeker support for 13 weeks from the date of cancellation.
(13) Subclause (12) does not limit section 117(2)(a).

10 Appeals, and appeal boards, under section 53A Appeals made, but not decided, before 15 July 2013 15 (1) An appeal made under section 53A but not decided before 15 July 2013 continues, and must be decided under section 10B, after 14 July 2013, as if it had been made under sec- tion 10B.
(2) 11 (1) Boards appointed under section 53A Every Board appointed under section 53A for an appeal to which subclause (1) applies continues after 14 July 2013 as if it had been appointed, and the appeal had been made, under section 10B.
Temporary exemption from full-time student ineligiblity for certain transferees to jobseeker support This subclause applies to a person transferred to jobseeker sup- port on 15 July 2013— (a) under clause 2(9) in respect of a domestic purposes benefit under section 27B or 27C; or under clause 2(9) in respect of a widow’s benefit under section 21; or under clause 7(6) in respect of a sickness benefit under section 54 or 54A.
(b) (c) 20 25 30 (2) A person to whom subclause (1) applies is, for the period in 35 subclause (3),— 140 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 7 (a) (b) excepted from the application of the jobseeker support ineligibility ground in section 88D(a); and deemed to have been exempted under section 105, sub- ject to the exception in sublause (4), from all his or her work test obligations or, as the case may be, work 5 preparation obligations under section 60Q.
(3) The period referred to in subclause (2) begins on 15 July 2013, and ends at the earlier of— the close of 14 July 2015: (a) the time when the person’s exception and exemption 10 (b) under this clause end under subclause (5).

(4) A person to whom subclause (1) applies can use the sub- clause (2)(b) exemption for the period between the end of one academic year and the start of the next only if actually en- gaged in study during that period.
The exception and exemption under subclause (2)(a) and (b) of a person to whom subclause (1) applies end under this subclause if the chief executive is satisfied at a time before 15 July 2015 that the amount of work (if any) passed by the person in any period (for example, a semester) in a course in 20 which the person was enrolled was equivalent to half of, or less than half of, a full-time course.
Full-time course, in subclause (5), has the same meaning as in regulation 2(1) of the Student Allowance Regulations 1998.

(6) (5) 15 25 (1) occurs on or after 15 July 2013; but 12 When beneficiaries can be paid benefit while overseas: travel booked before, but occurring after, 15 July 2013 This clause applies to a beneficiary’s absence overseas, but only if that absence involves travel from New Zealand that— (a) (b) was booked before 15 July 2013.
The chief executive may, for the purpose of avoiding any net adverse effects on the beneficiary of section 77 (as amended on 15 July 2013), and in the chief executive’s discretion, determine the beneficiary’s entitlements in respect of the absence under section 77 (as in force immediately before 35 15 July 2013).
(2) 30 141 Schedule 7 Social Security (Benefit Categories and Work Focus) Amendment Bill Saving of failures and sanctions not saved by other clauses This clause applies to a person’s failure before 15 July 2013 if it is— (a) (b) (c) (d) (e) (f) 5 a failure under section 115(1)(a) (to comply with work test obligations in sections 102 and 102A); or a failure under section 115(1)(b) (for a beneficiary granted an exemption from the work test, to attend an interview as required under section 105(5)); or a failure before 20 August 2012 under section 115A (to comply with independent youth benefits obligations 10 under section 60GAB); or a failure under section 116A (to comply with work prep- aration obligations under section 60Q(2) (as replaced on 15 October 2012)); or a failure that, under section 171(3)(a), is a failure to 15 comply with the work test for the purposes of section 117 because it is a failure by a young person (as defined in section 157) who is the spouse or partner of specified beneficiary (as so defined) to comply with obligations placed on that young person under section 171; or a failure that, under section 171(3)(b), is a failure to comply with section 60Q(2) (as replaced on 15 Octo- ber 2012) for the purposes of section 116A because it is a failure by a young person (as defined in section 157) who is the spouse or partner of specified beneficiary (as 25 so defined) to comply with obligations placed on that young person under section 171.
20 The failure and any related sanction under section 117 before 15 July 2013 both continue to count for determining the num- ber of failures of the person, and every appropriate related 30 sanction under section 117, after 14 July 2013.

This clause does not limit any other provisions of this Sched- ule that save or transfer obligations, failures, or sanctions that applied to a person immediately before 15 July 2013.
Regulations providing for transitional matters The Governor-General may, by Order in Council made on the Minister’s recommendation, make regulations prescrib- ing application, transitional, and savings provisions related to 35 13 (1) (2) (3) 14 (1) 142 Social Security (Benefit Categories and Work Focus) Amendment Bill Schedule 7 (2) (3) the amendments made by the Social Security (Benefit Cat- egories and Work Focus) Amendment Act 2012.
The Minister must not recommend the making of regulations under subclause (1) unless satisfied that those regulations are necessary or desirable for, or in connection with, the imple- 5 mentation of the relevant amendments.

The application, transitional, or savings provisions prescribed by regulations under subclause (1) may be provisions in add- ition to or instead of clauses 2 to 13.

(4) No regulations made under this clause may be made, or con- 10 tinue in force, after the close of 14 July 2016.
12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2012 143