Upston LouiseSOCIAL SECURITY LEGISLATION REWRITE BILLIn CommitteeDebate resumed from 15 May.Part 3 Obligations (continued)Hon LOUISE UPSTON (National—Taupō): Thank you Mr Chair. This is a really significant piece of legislation. The opportunity arose in the last Parliament to really rewrite legislation so that we ensured it was fit for purpose. It was originally written in the 1960s so it clearly needed some significant work.So we are on Part 3 of this piece of legislation and I think it's important that we look at the individual subparts in Part 3. The one that I want to talk to specifically—and I know it's a different point than I was on before so I do want to move on to a new section of this debate—is around the Ministry of Social Development's (MSD's) obligations. We have seen the significant 500-page Supplementary Order Paper (SOP) 25 tabled by the Minister already in this and I'm wondering if the Minister has any other intentions to table further SOPs around MSD's obligations given the lengthy discussions and commentaries that the Minister's made about MSD and front-line staff ensuring that beneficiaries are given everything they are entitled to. So it would be very useful if the Minister was able to take a call and outline her plans for changes to MSD's obligations and whether or not she will be tabling an additional SOP to change this legislation to ensure that those on benefit are supported fully. One of the examples that I'm sure my colleagues will pick up is one of the headings under Subpart 2 in Part 3 around MSD's obligations: Steps to explain overseas absence rules". This is an issue that's come up a lot particularly with the Government's intention to introduce the winter energy payment which is coming into effect on 1 July. There's been quite a lot of confusion around what those who would automatically be receiving the winter energy payment would be required to do but more importantly MSD's obligations because Subpart 2 is about MSD's obligations to explain the rules relating to absence from New Zealand.I know the Minister's committed to ensuring that each and every person who is receiving a benefit—whether it's the winter energy payment sole parent benefit or a job seeker benefit—receives every entitlement that they can get. Therefore I am wanting to know what changes the Minister's proposing to ensure that those receiving benefits—beneficiaries—aren't caught out because MSD haven't taken additional steps that they could have taken to ensure people comply with their obligations. Part 3 of course is about obligations. The obligations include MSD's obligations which are outlined in Subpart 2 which was my focus in this contribution and then further on—which I'll come back and talk about in another contribution to this debate—is the beneficiaries' obligations. But I know the other side are too quick to talk about obligations on beneficiaries so I'm specifically talking about MSD's obligations in this and making sure that the obligations are clear and that MSD fulfils their obligations. I want the Minister to answer for me any plans she has by tabling additional SOPs in this legislation to ensure that this Parliament has the opportunity to scrutinise and debate these issues. I think there would be many people who would want to see additional guidance additional obligations on MSD to ensure that people aren't breaking any rules because they haven't been made aware of them fully in the first place.I think the area around overseas absence is a very clear and specific example. In some of the Part 2 contributions members on this side had Supplementary Order Papers relating to the winter energy payment. This I know is a particular issue if somebody's receiving the winter energy payment from 1 July—which by the way is a lot shorter than they were anticipating it because it was meant to come in on 1 April. What they don't want to do given that the colder months have already arrived—we now have snow on the Desert Road. So when the winter energy payment comes in on 1 July are they making sure that MSD have complied with their obligations to outline to those receiving benefits such as the winter energy payment which is new in this rewrite so that those who are receiving the winter energy payment understand what they have to do so they don't inadvertently not disclose their absences which would of course mean a reduction in what they're entitled to.One of the things that is really stressful for people and particularly for beneficiaries is if they get a bill because they've had an overpayment and they've got to pay it back. So there is a real obligation on MSD in this section of the Social Security Legislation Rewrite Bill which is Part 3 in Subpart 2 and it says in clause 92 "MSD must make people affected aware of their obligations consequences of non-compliance and their review and appeal rights". This is about making sure that people understand. We recognise that there's a variety of New Zealanders who get assistance under our social security system and the obligation is clearly on MSD to ensure that in a sensible and practical way people know their obligations that they know the consequences of failure to comply with those obligations and that in some cases there may be sanctions imposed if they don't comply. So this obligation on MSD is really important. Minister Carmel Sepuloni has spoken a lot in the public about sanctions and about the fact that she doesn't believe that there should be the same level of obligations on those receiving benefits so I'm expecting that the Minister will be making changes in Part 3 in Subpart 2 on MSD's obligations to ensure that people are aware of their obligations and any potential consequences of failure to comply with the beneficiaries' obligations. We're not talking about that part yet—that's Subpart 3. Thank you."