Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698938929594.pdf (New Zealand)
Reprint as at 22 April 2008 Social Security (Transitional Protection Supplement) Regulations 2007 (SR 2007/178) Anand Satyanand, Governor­General Order in Council At Wellington this 25th day of June 2007 Present: His Excellency the Governor­General in Council Pursuant to section 20 of the Social Security Amendment Act 2007, His Excellency the Governor­General, acting on the advice and with the consent of the Executive Council, makes the following regula­ tions.
Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
The Social Security (Transitional Protection Supplement) Regulations 2007 are administered by the Ministry of Social Development 1 Social Security (Transitional Protection Supplement) Regulations 2007 Reprinted as at 22 April 2008 Contents Title Commencement Expiry Interpretation Entitlement to receive beneﬁt Transitional protection supplement for single people Calculation of increases and reductions for single person Transitional protection supplement for single person Rate of supplement for single person Granting of supplement to single person if new or increased beneﬁt payment available but not sought Termination of single person’s supplement where beneﬁt entitlement changes Transitional protection supplement for people with spouses or partners Calculation of increases and reductions for person with spouse or partner Transitional protection supplement for person with spouse or partner Rate of supplement for person with spouse or partner Granting of supplement to person with spouse or partner if new or increased beneﬁt payment available but not sought Termination of supplement of person with spouse or partner where beneﬁt entitlement changes Commencement and ending of supplements 16 Commencement and ending of supplements Page 2 2 3 3 3 4 4 5 6 6 7 Regulations Title These regulations are the Social Security (Transitional Protec­ tion Supplement) Regulations 2007.
Commencement These regulations come into force on 2 July 2007.

These regulations have effect on and after 2 July 2007.

1 2 (1) (2) 2 Reprinted as at 22 April 2008 Social Security (Transitional Protection Supplement) Regulations 2007 r 5 3 4 (1) (2) 5 (1) (2) Expiry These regulations expire with the close of 30 June 2009.
Interpretation In these regulations, unless the context otherwise requires,— 2007 amendment means an amendment to the principal Act made by the Social Security Amendment Act 2007 beneﬁt payment means an instalment of a beneﬁt payable under section 82(1) of the principal Act net single beneﬁt reduction means the amount referred to regulation 6(1)(b) net combined beneﬁt reduction means the amount referred to in regulation 11(1)(b) principal Act means the Social Security Act 1964 supplement means a transitional protection supplement granted under regulation 7(1), 12(2), or 12(3) total beneﬁt increase,— (a) in relation to a single person, means the amount referred to in regulation 6(2)(b): in relation to a person with a spouse or partner, means the amount referred to in regulation 11(2)(b) (b) total beneﬁt reduction,— (a) (b) in relation to a single person, means the amount referred to in regulation 6(2)(a): in relation to a person with a spouse or partner, means the amount referred to in regulation 11(2)(a) transition day means 2 July 2007 or 24 September 2007.
Terms deﬁned in section 3(1) of the principal Act have the meanings given to them by that subsection.

Entitlement to receive beneﬁt In these regulations, references to a person’s beneﬁts are ref­ erences to the beneﬁts he or she is entitled to receive.
For the purposes of these regulations, a person is entitled to receive a beneﬁt immediately before a day, if,— (a) he or she is then receiving a beneﬁt to which he or she is entitled; or 3 r 6 Social Security (Transitional Protection Supplement) Regulations 2007 Reprinted as at 22 April 2008 (b) application for a beneﬁt has been made by him or her or on his or her behalf before that day, and, as a result,— a beneﬁt to which he or she is entitled is granted (i) on or after that day; or a beneﬁt to which he or she is entitled is granted before that day but payment is not made until after that day.
(ii) Transitional protection supplement for single people Calculation of increases and reductions for single person For the purposes of regulations 7 to 10,— (a) 2007 amendments coming into force on a day cause a person a net single beneﬁt reduction on that day if the sum described in subclause (2)(a) is greater than the sum described in subclause (2)(b); and the reduction is the amount by which the sum described in subclause (2)(a) is greater than the sum described in subclause (2)(b).
(b) The amounts referred to in subclause (1) are— (a) the sum of the reductions in the rates or amounts of the beneﬁts that the person was entitled to receive imme­ diately before the day concerned resulting from 2007 amendments coming into force on the day concerned; and the sum of— (i) all increases in the rates or amounts of the bene­ ﬁts that the person was entitled to receive im­ mediately before that day resulting from those amendments; and the sum of the rates or amounts of any new bene­ ﬁts that the person became entitled to receive on that day as a result of those amendments.
(ii) (b) Transitional protection supplement for single person The chief executive may grant a transitional protection sup­ plement to a single person if— (a) on a transition day the person is single; and 6 (1) (2) 7 (1) 4 Reprinted as at 22 April 2008 Social Security (Transitional Protection Supplement) Regulations 2007 r 8 (b) (c) 2007 amendments coming into force on that day cause him or her a net single beneﬁt reduction on that day; and the chief executive is satisﬁed that the reduction has arisen for reasons other than— (i) a change in the person’s circumstances that took place on that day; or the person’s ineligibility to receive a beneﬁt or rate of beneﬁt (not being an ineligibility arising from a 2007 amendment); or a failure or omission of the person that has led to the suspension or cancellation or reduction of a beneﬁt.
(ii) (iii) (2) A supplement granted under subclause (1) must be granted for a stated period of not more than 12 months, and expires at the close of the period; but, before 1 July 2009, the chief executive may grant a further supplement to a person whose supplement has expired.

8 (1) (2) (3) Rate of supplement for single person The amount of a supplement payable to a single person in rela­ tion to a transition day is his or her net single beneﬁt reduction on that day.
The amount of the supplement payable to a single person must not be increased if, as a result of a change in his or her circum­ stances (being a change occurring on or after the transition day concerned)— (a) the rate of one or more of the beneﬁts payable to him or her decreases; or he or she is granted a new beneﬁt in substitution for some other beneﬁt, and the rate of the new beneﬁt is less than the rate of the other beneﬁt.
(b) The amount of the supplement payable to a single person must be decreased (by the amount of the increase in rate concerned) if, as a result of a change in his or her circumstances (being a change occurring on or after the transition day concerned)— the rate of one or more of the beneﬁts payable to him or (a) her increases; or 5 Social Security (Transitional Protection Supplement) Regulations 2007 Reprinted as at 22 April 2008 (b) he or she is granted a new beneﬁt in substitution for some other beneﬁt, and the rate of the new beneﬁt is more than the rate of the other beneﬁt.
Subclause (1) is subject to subclause (3), and to regulation 9(2).
(b) Granting of supplement to single person if new or increased beneﬁt payment available but not sought This subclause applies to a single person if the chief executive is satisﬁed that 2007 amendments coming into force on a tran­ sition day cause him or her a net single beneﬁt reduction on that day because the person— (a) has not applied for a beneﬁt or a rate of a beneﬁt that be­ came available as a consequence of one of those amend­ ments; or has not supplied any information required to determine entitlement to a beneﬁt or a rate of a beneﬁt that became available as a consequence of one of those amendments.
If subclause (1) applies to a single person, the chief executive may— (a) (b) (c) refuse to grant a supplement to him or her; or grant a supplement to him or her at a reduced rate; or reduce the rate of a supplement already granted to him or her; or terminate a supplement already granted to him or her.
(d) Termination of single person’s supplement where beneﬁt entitlement changes The chief executive must terminate a supplement granted to a person if— (a) the person is no longer receiving any of the beneﬁts re­ ferred to in the deﬁnition in section 61E of the principal Act of beneﬁciary; or because the person is no longer entitled to one or more of those beneﬁts, 2007 amendments coming into force on the transition day concerned no longer cause him or her a net single beneﬁt reduction.
(b) r 9 (4) 9 (1) (2) 10 6 Reprinted as at 22 April 2008 Social Security (Transitional Protection Supplement) Regulations 2007 r 12 Transitional protection supplement for people with spouses or partners 11 (1) (2) 12 (1) Calculation of increases and reductions for person with spouse or partner For the purposes of regulations 12 to 14,— (a) 2007 amendments coming into force on a day cause a person with a spouse or partner a net combined beneﬁt reduction on that day if the sum described in subclause (2)(a) is greater than the sum described in subclause (2)(b); and the reduction is the amount by which the sum described in subclause (2)(a) is greater than the sum described in subclause (2)(b).
(b) The amounts referred to in subclause (1) are— (a) the sum of the reductions in the rates or amounts of the beneﬁts that the person or the person’s spouse or partner was entitled to receive immediately before the day con­ cerned resulting from 2007 amendments coming into force on the day concerned; and the sum of— (i) all increases in the rates or amounts of the bene­ ﬁts that the person or the person’s spouse or part­ ner was entitled to receive immediately before that day resulting from those amendments; and the sum of the rates or amounts of any new bene­ ﬁts that the person or the person’s spouse or part­ ner became entitled to receive on that day as a result of those amendments.
(ii) (b) Transitional protection supplement for person with spouse or partner This subclause applies to a person if— (a) (b) on a transition day he or she has a spouse or partner; and 2007 amendments coming into force on that day cause him or her a net combined beneﬁt reduction on that day; and the chief executive is satisﬁed that the reduction has arisen for reasons other than— (c) 7 r 13 Social Security (Transitional Protection Supplement) Regulations 2007 Reprinted as at 22 April 2008 (i) (ii) (iii) a change in the circumstances of the person or his or her spouse or partner (or changes in the circumstances of both) that took place on that day; or the ineligibility of the person, his or her spouse or partner, or both to receive a beneﬁt or rate of beneﬁt (not being an ineligibility arising from a 2007 amendment); or a failure or omission of the person or his or her spouse or partner that has led to the suspension or cancellation or reduction of a beneﬁt.
(2) (3) If subclause (1) applies to a person but not his or her spouse or partner, the chief executive may grant a transitional protection supplement to him or her.
If subclause (1) applies to both a person and his or her spouse or partner, the chief executive may grant transitional protec­ tion supplements to each, in amounts that— (a) bear the same proportion to each other as those in which any beneﬁt is paid to them under section 83 of the prin­ cipal Act; and (b) when added, are the amount referred to in regulation 11.
(4) A supplement granted under this regulation must be granted for a stated period of not more than 12 months, and expires at the close of the period; but, before 1 July 2009, the chief executive may— (a) grant a further supplement to a person whose supple­ ment has expired; or grant a supplement or further supplement to a person whose spouse or partner’s supplement has expired.
(b) Rate of supplement for person with spouse or partner The amount of a supplement payable for a person who has a spouse or partner in relation to a transition day is his or her net combined beneﬁt reduction on that day.
The amount of a supplement granted under regulation 12 must not be increased if, as a result of a change in the circumstances of the person to whom it was granted or his or her spouse or partner (being a change occurring on or after the transition day concerned)— 13 (1) (2) 8 Reprinted as at 22 April 2008 Social Security (Transitional Protection Supplement) Regulations 2007 r 14 (a) (b) the rate of one or more of the beneﬁts payable to the person or his or her spouse or partner decreases; or the person or his or her spouse or partner is granted a new beneﬁt in substitution for some other beneﬁt, and the rate of the new beneﬁt is less than the rate of the other beneﬁt.
The amount of a supplement granted under regulation 12 must be decreased (by the amount of the increase in rate concerned) if, as a result of a change in the circumstances of the person to whom it was granted or his or her spouse or partner (being a change occurring on or after the transition day concerned)— the rate of one or more of the beneﬁts payable the person (a) or his or her spouse or partner increases; or the person or his or her spouse or partner is granted a new beneﬁt in substitution for some other beneﬁt, and the rate of the new beneﬁt is more than the rate of the other beneﬁt.
(b) Subclause (1) is subject to subclause (3), and to regulations 12(2) and 14(2).
Granting of supplement to person with spouse or partner if new or increased beneﬁt payment available but not sought This subclause applies to a person with a spouse or partner if the chief executive is satisﬁed that 2007 amendments coming into force on a transition day cause him or her a net combined beneﬁt reduction on that day because the person or his or her spouse or partner— (a) has not applied for a beneﬁt or a rate of a beneﬁt that be­ came available as a consequence of one of those amend­ ments; or has not supplied any information required to determine entitlement to a beneﬁt or a rate of a beneﬁt that became available as a consequence of one of those amendments.
If subclause (1) applies to a person with a spouse or partner, the chief executive may— (a) refuse to grant a supplement to the person, his or her spouse or partner, or both; or (b) (3) (4) 14 (1) (2) 9 r 15 Social Security (Transitional Protection Supplement) Regulations 2007 Reprinted as at 22 April 2008 (b) (c) (d) (e) (f) (g) grant a supplement to the person, or his or her spouse or partner, at a reduced rate; or both— (i) grant a supplement to the person at a reduced rate; and grant a supplement to his or her spouse or partner at a reduced rate; or (ii) reduce the rate of a supplement already granted to the person or his or her spouse or partner; or both— (i) reduce the rate of a supplement already granted to the person; and reduce the rate of a supplement already granted to his or her spouse or partner; or (ii) terminate a supplement already granted to the person or his or her spouse or partner; or both— (i) terminate a supplement already granted to the person; and terminate a supplement already granted to his or her spouse or partner.
(ii) Termination of supplement of person with spouse or partner where beneﬁt entitlement changes The chief executive must terminate a supplement granted to a person with a spouse or partner if— (a) neither the person nor his nor her spouse or partner is any longer receiving any of the beneﬁts referred to in the deﬁnition in section 61E of the principal Act of beneﬁ­ ciary; or because the person or his or her spouse or partner is no longer entitled to one or more of those beneﬁts, 2007 amendments coming into force on the transition day concerned no longer cause the person a net combined beneﬁt reduction.
(b) 15 10 Reprinted as at 22 April 2008 Social Security (Transitional Protection Supplement) Regulations 2007 Commencement and ending of supplements Commencement and ending of supplements 16 (1) A supplement or further supplement granted after the expiry of some other supplement commences when the other supple­ ment expires.

(2) Any other supplement commences on the day on which the (3) person granted it became entitled to receive it.
If a person to whom a supplement has been granted dies before it expires, it ends— (a) (b) on the day on which he or she dies; or on the earlier of— (i) a day (not later than 4 weeks after the day on which he or she dies) set by the chief executive: the day on which it would have expired.

(ii) Rebecca Kitteridge, for Clerk of the Executive Council.

Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on and take effect on 2 July 2007 and expire on 30 June 2009, provide for the granting of transitional protection supplements to beneﬁciaries ﬁnancially dis­ advantaged by amendments to the Social Security Act 1964 made by the Social Security Amendment Act 2007.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 28 June 2007.


11 Notes Social Security (Transitional Protection Supplement) Regulations 2007 Reprinted as at 22 April 2008 Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent ﬁrst) General This is a reprint of the Social Security (Transitional Protec­ tion Supplement) Regulations 2007.
The reprint incorporates all the amendments to the Social Security (Transitional Pro­ tection Supplement) Regulations 2007 as at 22 April 2008, as speciﬁed in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enact­ ment, in chronological order.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the ofﬁcial volumes of statutes or statutory regulations in which the prin­ cipal enactment and its amendments are contained.

How reprints are prepared A number of editorial conventions are followed in the prep­ aration of reprints.
For example, the enacting words are not included in Acts, and provisions that are repealed or revoked 5 Notes 1 2 3 12 Reprinted as at 22 April 2008 Social Security (Transitional Protection Supplement) Regulations 2007 Notes are omitted.

For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.
4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all le­ gislation reprinted after 1 January 2000 is in the new format for legislation and reﬂects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the au­ thority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of deﬁnitions (eg, the deﬁned term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 13 • • • • Notes Social Security (Transitional Protection Supplement) Regulations 2007 Reprinted as at 22 April 2008 • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after deﬁnitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross­references are changed accordingly case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial cap­ ital letter followed by small capital letters are amended so that the heading appears in bold, with only the ﬁrst word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection ref­ erences are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross­references are changed accord­ ingly running heads (the information that appears at the top of each page) format of two­column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chrono­ logical).
List of amendments incorporated in this reprint (most recent ﬁrst) Published under the authority of the New Zealand Government— Wellington, New Zealand: 5 12 14