Social Security Act 1964

1: Short Title and commencement
1: This Act may be cited as the Social Security Act 1964.
2: This Act shall come into force on 1 April 1965.
1: Purpose, principles, general definitions, examples, and transitional and savings provisions relating to amendments to this Act
Part 1 heading replaced 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
1A: Purpose
The purpose of this Act is—
a: to enable the provision of financial and other support as appropriate—
i: to help people to support themselves and their dependants while not in paid employment; and
ii: to help people to find or retain paid employment; and
iii: to help people for whom work may not currently be appropriate because of sickness, injury, disability, or caring responsibilities, to support themselves and their dependants:
b: to enable in certain circumstances the provision of financial support to people to help alleviate hardship:
c: to ensure that the financial support referred to in paragraphs (a) and (b) is provided to people taking into account—
i: that where appropriate they should use the resources available to them before seeking financial support under this Act; and
ii: any financial support that they are eligible for or already receive, otherwise than under this Act, from publicly funded sources:
ca: to provide services to encourage and help young persons to move into or remain in
d: to impose, on the following specified people or young persons, the following specified requirements or obligations:
i: on people seeking or receiving financial support under this Act, administrative and, where appropriate, 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. Section 1A inserted 24 September 2007 section 23 Social Security Amendment Act 2007 Section 1A(ca) inserted 20 August 2012 section 4(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 1A(ca) amended 8 July 2016 section 4 Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 1A(d) replaced 15 July 2013 section 5 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
1B: Principles
Every person exercising or performing a function, duty or power under this Act must have regard to the following general principles:
a: work in paid employment offers the best opportunity for people to achieve social and economic well-being:
b: the priority for people of working age should be to find and retain work:
c: people for whom work may not currently be an appropriate outcome should be assisted to prepare
d: people for whom work is not appropriate should be supported in accordance with this Act. Section 1B inserted 24 September 2007 section 23 Social Security Amendment Act 2007 Section 1B(c) amended 15 October 2012 section 32 Social Security (Youth Support and Work Focus) Amendment Act 2012
2: Administration
Section 2 repealed 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
3: Interpretation
1: In this Act activity in the community Appeal Authority Authority section 12A section 12D applicant application Area 1, Area 2, Area 3, and Area 4
a: are defined in regulations made under section 61I Part 1K Schedule 18
b: until the commencement of the first regulations made under that section, refer to the terms defined in clause 1 of Part 1 average wage
a: the latest Quarterly Employment Survey published by Statistics New Zealand; or
b: if the survey referred to in paragraph (a) ceases to be published, a survey certified by the Government Statistician as an equivalent survey to the survey referred to in that paragraph beneficiary benefit
a: means a monetary benefit payable under any of Parts 1A to 1P or Part 2 (including, without limitation, any such benefit payable under this Act by virtue of an agreement or convention given effect in relation to New Zealand by an order under section 19
aa:
b: includes—
i: New Zealand superannuation payable under the New Zealand Superannuation and Retirement Income Act 2001 Part 6 (including, without limitation, any New Zealand superannuation, or veteran's pension, payable under that Act by virtue of an agreement or convention given effect in relation to New Zealand by an order under section 19
ia:
ii:
iia: an incentive payment, a youth payment, and a young parent payment:
iii: an accommodation supplement payable under section 61EA
iiia: a winter energy payment:
iv: a child disability allowance under section 39A
iva: childcare assistance payable under section 61GA
ivb: temporary additional support payable under section 61G
v: a disability allowance payable under section 69C
va:
vi:
vii:
viii:
c: does not include a lump sum payable under section 61DB section 61DC section 61DD capacity for work ceased
a: subject to paragraph (b), the date on which the person's employment terminates; or
b: if in relation to the termination of employment the person receives—
i: any payment in lieu of notice terminating the employment of the person; or
ii: any holiday pay; or
iii: any payment in lieu of accumulated leave; or
iv: any payment contingent on the completion of a fixed-term engagement; or
v: any retirement payment (as defined in section 80B a date which is the number of days (excluding Saturdays and Sundays) after the date on which the person's employment terminated which is equal to the nearest whole number produced by dividing the aggregate amount of any such payments by the amount of the person's normal daily wage or salary before termination of his or her employment chief executive child a single
a: aged 16 years or 17 years; and
b: financially independent Commonwealth country contract of insurance chief executive contracted service provider section 125A(1) date of first contact debt insurance payment
a: under a contract of insurance or by reason of the person's membership of any society, organisation, or body whether corporate or unincorporate; and
b: to the person or to some other person on behalf of or for the benefit of the person; and
c: for the sole purpose of, and used for, repaying or paying any amounts on account of any existing debt of the person dentist section 114(2) department dependent child
a: means a child—
i: whose care is primarily the responsibility of the person; and
ii: who is being maintained as a member of that person's family; and
iii: who is financially dependent on that person:
b: does not include a child in respect of whom payments are being made under section 363 Oranga Tamariki Act 1989
c: despite paragraph (b), includes a child or a young person (as defined in section 2(1) Oranga Tamariki Act 1989
i: of whom the person is a parent within the meaning of that Act; and
ii: to whom section 361
iii: who, under section 362
d: for the purposes only of Schedules 3 3A 6 9 16 17 18 26
e: does not include a child in respect of whom a young parent payment is being paid except in relation to that child's parent or step-parent:
f: for the purposes of clause 1(a) and (b) of Schedule 18A clause 2 of Schedule 18A disability services section 6(1) district health board section 19 document
a: any writing on any material:
b: any information recorded or stored by means of any tape recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:
c: any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:
d: any book, map, plan, graph, or drawing:
e: any photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced domestic epidemic management notice section 8(1) employment employment plan section 60O employment required to satisfy the work test
a: for a part-time work-tested beneficiary, part-time work:
b: for any other work-tested beneficiary, full-time employment existing debt financially independent
a: in full employment; or
b: in receipt of a basic grant or an independent circumstances grant under the Student Allowances Regulations 1998
c: in receipt of payments under a Government-assisted scheme which the chief executive a main benefit under this Act
d: in receipt of a main benefit friendly society the Friendly Societies and Credit Unions Act 1982 full employment full-time employment
a: employment under a contract of service or apprenticeship which requires the person to work, whether on time or piece rates, no less than an average of 30 hours each week; or
b: self-employment of the person in any business, profession, trade, manufacture, or undertaking carried on for pecuniary profit for no less than an average of 30 hours each week; or
c: employment of the person for any number of hours which is regarded as full-time employment for the purposes of any award, agreement, or contract relating to that employment full-time student Student Allowances Regulations 1998 funder section 20 of the Health and Disability Services Act 1993 Government occupational pension
a: means a benefit, pension, or periodical allowance paid by or on behalf of the Government of any country to a person by reason of—
i: a period of employment, direct or indirect, by that Government of that person or that person's deceased spouse or partner
ii: a period of service to that Government (including, without limitation, service in the armed forces, service in the Police, and service as a judicial officer or other person acting judicially) by that person or that person's deceased spouse or partner
b: does not include any part of that benefit, pension, or periodical allowance that is paid by the Government of that country by reason of anything other than that period of employment or service; and
c: does not include any part of that benefit, pension, or periodical allowance to which the Government of that country contributes by reason of anything other than that period of employment or service ; but
d: does not include a benefit, pension, or periodical allowance of the kind set out in paragraph (a) if the person would have been entitled to receive a similar benefit, pension, or periodical allowance paid by, or on behalf of, the Government of that country under a scheme or other arrangement in respect of persons who were not employees or in the service of that Government health or disability insurance payment
a: under a contract of insurance, or by reason of the person's membership of any society, organisation, or body whether corporate or unincorporate, that provides for the payment or reimbursement of the costs of health or disability care for the person or a member of his or her family; and
b: to the person or to some other person on behalf of or for the benefit of the person or a member of his or her family— and used for paying or reimbursing those costs health practitioner Health Practitioners Competence Assurance Act 2003 hospital section 58(4) incentive payment clauses 7 to 9 of Schedule 26 income
a: means any money received or the value in money's worth of any interest acquired, before income tax, by the person which is not capital (except as hereinafter set out); and
b: includes, whether capital or not and as calculated before the deduction (where applicable) of income tax, any periodical payments made, and the value of any credits or services provided periodically, from any source for income-related purposes and used by the person for income-related purposes; and
c: except where section 71A(2)
i: any periodical income-related insurance payments; and
ii: any lump sum income-related insurance payment to the extent of the income lost by the person as a result of, and within a period of 10 weeks from, the occurrence of the contingency in respect of which the payment was made; and
iii: any payment referred to in subparagraph (i) or subparagraph (ii) which the person would have been entitled to receive under an accident insurance contract within the meaning of section 13 of the Accident Insurance Act 1998 section 185 of that Act (as it read immediately before its repeal by section 7 of the Accident Insurance Amendment Act 2000
d: includes—
i: any payment relating to a situation involving a seasonal layoff:
ii: any payment contingent on the completion of either a fixed-term engagement or an engagement to complete work specified in a contract:
iii: any payment in lieu of notice terminating employment:
iv: any payment (including holiday pay) which, if it had not been made in relation to termination of employment, would, in the opinion of the chief executive
iva: any parental leave payments paid under Part 7A
v: any payment in relation to termination of employment made by a company pursuant to its
e: includes, as calculated before the deduction (where applicable) of income tax, the value of any goods, services, transport, or accommodation supplied on a regular basis to the person by any other person; but—
f: does not include—
i: any benefit, grant, allowance, or concession received under this Act or Part 6 or the New Zealand Superannuation and Retirement Income Act 2001 Part 2
ii: any pension or allowance under the Veterans' Support Act 2014
iii: any pension received under the Veterans' Support Act 2014 or partner
iv: any pension or other periodical allowance or any part thereof received by any person from the Government of any Commonwealth country (other than New Zealand) which the chief executive
iva: the value of any assistance of a kind approved by the chief executive provided to a person with a sickness, injury, or disability to obtain or remain in employment:
v: any money received by way of funeral benefit from any friendly society:
va: a participation allowance:
vi: any money paid in respect of any military decoration and received by the recipient of such decoration:
vii: any money received by the Commissioner of Inland Revenue by way of child support which is not required to be paid to the person under the Child Support Act 1991
viii: any money received by the Commissioner of Inland Revenue by way of child support which is paid to the person under section 142
ix: any money received by way of an independence allowance under section 54 of the Accident Rehabilitation and Compensation Insurance Act 1992 or Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998 , or any impairment lump sum received under Schedule 1 Accident
x: any amount of output tax charged in respect of a supply of goods and services made by that person:
xi: any amount of goods and services tax payable by the Commissioner of Inland Revenue to that person:
xii: any debt insurance payment or any health or disability insurance payment:
xiii: any money received under the Oranga Tamariki Act 1989
xiv: any lump sum payment received by the person—
A: under a contract of insurance on the life of the person's deceased spouse or partner; or
B: where the person is a dependent child, under a contract of insurance on the life of his or her deceased parent or step-parent; or
C: under any superannuation scheme, not being a payment which the chief executive
xv: any part of a lump sum income-related insurance payment received on the occurrence of a contingency by an applicant for a benefit that has been used or committed by the applicant—
A: to repay or pay any amounts on account of existing debt of the applicant; or
B: to pay any essential costs arising as a consequence of the applicant's health or disability (being costs arising from the contingency in respect of which the payment was made) to the extent that assistance towards those costs is not available under this Act or any other Act:
xvi: any income-related rent within the meaning of Housing Restructuring and Tenancy Matters Act 1992
xvii: any specified item or amount of income, or income from a specified source, that is declared not to be income for the purposes of this Act by regulations made under section 132
xviii: any tax credit or amount received under subparts MA to MG MZ subpart KD subpart KD of the Income Tax Act 1994 Part 11A of the Income Tax Act 1976 income-related insurance payment chief executive
a: made or provided on the occurrence of a contingency under a contract of insurance or by reason of the person's membership of any society, organisation, or body whether corporate or unincorporate; and
b: made or provided to the person or to some other person on behalf of or for the benefit of the person or a member of his or her family; and
c: made or provided or used for an income-related purpose income-related purpose
a: replacing lost or diminished income; or
b: maintaining the person or a member of his or her family; or
c: purchasing goods or services for the person or a member of his or her family, being goods or services of a kind that are commonly paid for from income; or
d: enabling the person to make payments that he or she is liable to make and that are commonly made from income income tax Income Tax Act 2007 Income Test 1
a: by 30 cents for every $1 of the total income of the beneficiary and his or her spouse or partner $100 $200
b: by 70 cents for every $1 of that income which is more than $200 Income Test 2
a: by 15 cents for every $1 of the total income of the beneficiary and his or her spouse or partner $100 $200
b: by 35 cents for every $1 of that income which is more than $200 Income Test 3
a: if the rate of benefit is a rate of New Zealand superannuation stated in clause 2 of Schedule 1
b: in any other case, $80 a week Income Test 4 or partner income-tested benefit
a: jobseeker support
aa:
b: sole parent support
c: an emergency benefit:
d:
e: a supported living payment
f: New Zealand superannuation payable at the appropriate rate in clause 2 of Schedule 1 Part 6 section 171
g: an orphan's benefit:
h:
i: an unsupported child's benefit:
j:
k: a youth payment:
l: a young parent payment living with a parent
a: means living in the same home as a parent of the person; but
b: does not include a situation in which a person lives in the same home as a parent of the person where—
i: the parent is financially dependent on the person; or
ii: the person, at his or her own expense, provides accommodation for the parent in the home; or
iii: the person provides a substantial degree of care to the parent; or
iv: the home is a hostel, boardinghouse, or similar lodging, and the person and the parent pay for accommodation in it main benefit under this Act
a: sole parent support; or
b: a supported living payment on the ground of sickness, injury, disability, or total blindness, under section 40B
c: a supported living payment on the ground of caring for a patient requiring care, under section 40D
d: jobseeker support; or
e: an emergency benefit; or
f: a youth payment; or
g: a young parent payment medical practitioner section 114(1)﻿(a) midwife section 114(3) Minister NCEA level 2 Part 20 New Zealand superannuation New Zealand Superannuation and Retirement Income Act 2001 non-entitlement period
a: became voluntarily unemployed; or
b: lost his or her employment, or position on a scheme, through misconduct; or
c:
d: failed to comply with the work test:
e: failed to comply with an obligation under section 170 171 nurse section 114(1)﻿(a) occupational therapist section 114(1)﻿(a) open employment ordinarily resident in New Zealand overseas epidemic management notice section 61CE overseas pension
a: means a benefit, pension, or periodical allowance of a kind described in section 70(1)
b: does not include a benefit, pension, or periodical allowance of a kind referred to in the proviso to section 70(1)
c: does not include a Government occupational pension overseas pensioner parent part-time work
a: that is—
i: under a contract of service, whether on time or piece rates; or
ii: as a self-employed person in any business, profession, trade, manufacture, or undertaking; and
b: that—
i: averages not less than 15 hours each week over a 3-month period of employment or over the period of employment if that period is shorter than 3 months,—
A: in relation to a person granted jobseeker support on the ground of sickness, injury, or disability; or
B: for the purposes of sections 11E(2) 88F 88H(2)﻿(b) 88I(2)﻿(b)
ii: averages not less than 20 hours each week over a 3-month period of employment or over the period of employment if that period is shorter than 3 months, in any other case part-time work-tested beneficiary
a: a person with a youngest dependent child aged 3
i: a work-tested spouse or partner; or
ii: a work-tested sole parent support beneficiary
iii:
b: a person who is granted jobseeker support on the ground of sickness, injury, or disability and who, under section 88F(4) participation allowance section 132F partner spouse or partner or de facto partner pay day or date chief executive periodical physiotherapist section 114(1)﻿(a) principal caregiver chief executive
a: any body of persons (whether incorporated or unincorporated); or
b: any person who is the proprietor of, or employed in,—
i: a residence established under the Oranga Tamariki Act 1989
ii:
iii: any other institution in which the child is being cared for psychologist section 114(1)﻿(a) regular
a: casual employment; or
b: employment on call if there are no specified hours for such employment in the person's employment contract resident residential care services a residential disability care institution or rest home within the meaning of section 58(4)
a: supervision and support services; and
b: hotel-type services (including the provision of sleeping facilities, meals, laundry, cleaning services and supplies, household furniture and furnishings, lighting, heating, hot water, and other household utilities); and
c: services that support daily living (including financial management and gardening); and
d: personal care services (including toileting, bathing, hair washing, teeth cleaning, nail care, feeding, and mobility); and
e: services within that home intended to provide satisfying activity to the person (including the provision of educational, social, recreational, and other activities); and
f: clinical support services, including personal health services (within the meaning of the New Zealand Public Health and Disability Act 2000 rest home section 58(4) salary or wages sheltered employment Disabled Persons Employment Promotion Act 1960 sickness single sole parent
a: is—
i: married or in a civil union, but living apart from his or her spouse or partner; or
ii: not married or in a civil union; and
b: is not in a de facto relationship spouse strike section 81 student allowance section 303 suitable employment temporary employment 26 union section 5 veteran's pension Part 6 winter energy payment Part 1KA work test section 102A(1) work test obligations work-test couple
a: means, in relation to jobseeker support Schedule 9
b: means, in relation to a supported living payment
i: a rate in Schedule 6 person who is married or in a civil union or in a de facto relationship or partner
ii: includes the rate payable under section 40I(5) or partner long-term residential care in a hospital or rest home
c: means, in relation to an emergency benefit,—
i: a rate of the benefit payable to a person that includes a payment for the person's spouse or partner
ii: includes an emergency benefit paid to the spouse or partner section 136 section 155 work-tested beneficiary
a: who is granted jobseeker support (other than jobseeker support on the ground of sickness, injury, or disability); or
aa: who is granted jobseeker support on the ground of sickness, injury, or disability, and who, under section 88F(4)
b: who is—
i: a work-tested spouse or partner; or
ii: a work-tested sole parent support beneficiary
iii:
iv: work-tested benefit
a: except in relation to a work-tested sole parent support beneficiary or a beneficiary receiving jobseeker support on the ground of sickness, injury, or disability who is not, under section 88F(4) jobseeker support
b: in relation to a work-tested spouse or partner, includes an emergency benefit and a supported living payment
c: in relation to a work-tested sole parent support beneficiary sole parent support under section 20D
d:
e: work-tested sole parent support beneficiary
a: who has been granted sole parent support under section 20D
b: whose youngest dependent child is aged 3 work-tested spouse or partner
a: who—
i: has no dependent child under 3
ii: is not subject to obligations under section 171
iii: has not been granted an exemption from the work test; and
b: who—
i: is the spouse or partner of a person granted jobseeker support a supported living payment couple
ii: both—
A: is the spouse or partner of a person granted an emergency benefit at a work-test couple
B: has under section 61A(1A)
iii: is—
A: the spouse or partner of a person who is receiving long-term residential care in a hospital or rest home; and
B: aged under 60 years; and
C: in receipt of a supported living payment section 40I(5) section 155 working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: a day in the period commencing on 25 December in any year and ending with 15 January in the following year; and
d: the day observed as the anniversary day of the appropriate province young parent payment Part 5 young person
a: in sections 1A(ca) 123E
i: means a person who is aged at least 15 years but is under the age of 18 years; and
ii: includes a person aged 18 years or over who continues to receive services under section 123E(2)
b: in all other cases,—
i: means a person who is aged at least 16 years but is under the age of 20 years; and
ii: includes—
A: a person aged 20 years or over in respect of whom a young parent payment continues under section 168
B: a person aged 20 years or over to whom obligations in section 170(1) section 171(5) youth payment Part 5 youth support payment
2: For the purposes of this Act
2A:
3: Except for the purposes of a means assessment under Part 4 or Part 6 or the New Zealand Superannuation and Retirement Income Act 2001
a: meets the residential qualification for New Zealand superannuation set out in the New Zealand Superannuation and Retirement Income Act 2001
b: is aged 60 years or more and whose spouse or partner or partner
c: is in receipt of a pension under a retirement scheme (within the meaning of section 6(1)
i: offered or entered into in New Zealand by a life insurer (as that term is defined in paragraph (a) of the definition of life insurer in section YA 1
ii: offered or entered into outside of New Zealand by a life insurer (as so defined) that is resident in New Zealand within the meaning of section YD 1 YD 2
d: commenced to receive payments of that pension or under that annuity—
i: before 1 April 1992; and
ii: when that person was aged not less than 55 years nor more than 59 years and when that person's spouse or partner or partner 50% of the amount received by that person under that pension or under that annuity shall not be included in the income of that person.
4: In considering, in respect of a person, whether any payment or credit or service is an income-related insurance payment or is for an income-related purpose, as the case may be, the chief executive
a: the nature of the contingency in respect of which the payment or credit or service was made or provided or used:
b: the nature of the payment or credit or service:
c: the manner in which and the occasions on which the payment or credit or service is made or provided or used:
d: the manner in which the right or eligibility to the payment or credit or service is expressed in any contract of insurance or in any other document:
e: whether the payment or credit or service is required to be made or provided to any other person and, if so, the relationship between them:
f: whether the person has assigned his or her right to receive the payment or credit or service:
g: any other matters that the chief executive
5: For the avoidance of doubt, a dependent child of a person granted a benefit at a work-test couple or partner or partner
6: The definition of income in subsection (1) is at any time subject to any rules then in force under section 132H 1938 No 7 s 10 1945 No 11 s 3 1951 No 54 s 15 1955 No 9 s 16(1) 1958 No 46 s 24 Section 3(1) amended 1 July 1998 section 2(1) Social Security Amendment Act 1998 Section 3(1) activity in the community inserted 2 July 2007 section 4(1) Social Security Amendment Act 2007 Section 3(1) Appeal Authority Authority inserted 1 May 1974 section 2(1) Social Security Amendment Act 1973 Section 3(1) application replaced 24 September 2007 section 22(1) Social Security Amendment Act 2007 Section 3(1) Area 1, Area 2, Area 3, and Area 4 inserted 1 April 2018 section 76 Families Package (Income Tax and Benefits) Act 2017 Section 3(1) assessable income repealed 1 April 1992 Social Security Amendment Act (No 4) 1991 Section 3(1) average wage inserted 1 April 1997 Social Security Amendment Act 1996 Section 3(1) beneficiary repealed 1 April 1991 section 2(1) Social Security Amendment Act 1991 Section 3(1) benefit replaced 25 July 1990 section 2(1) Social Security Amendment Act (No 2) 1990 Section 3(1) benefit amended 5 December 2013 section 15(2) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 3(1) benefit paragraph (a) amended 15 July 2013 section 137 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) benefit paragraph (a) amended 1 July 2001 section 13(1) Social Security Amendment Act 2001 Section 3(1) benefit paragraph (aa) repealed 1 July 2001 section 13(2) Social Security Amendment Act 2001 Section 3(1) benefit paragraph (b)﻿(i) replaced 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 3(1) benefit amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 3(1) benefit amended 5 December 2013 section 15(3) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 3(1) benefit paragraph (b)﻿(i) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 3(1) benefit paragraph (b)﻿(ia) repealed 15 April 2005 section 3(1) Social Security (Social Assistance) Amendment Act 2005 Section 3(1) benefit repealed 2 September 2013 section 16(1) Social Assistance (Living Alone Payments) Amendment Act 2013 Section 3(1) benefit paragraph (b)﻿(iia) inserted 20 August 2012 section 5(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 3(1) benefit paragraph (b)﻿(iii) replaced 1 July 1993 section 2(1) Social Security Amendment Act (No 3) 1993 Section 3(1) benefit inserted 1 July 2018 section 60(1) Families Package (Income Tax and Benefits) Act 2017 Section 3(1) benefit paragraph (b)﻿(iv) replaced 1 September 1998 section 11(2) Social Security Amendment Act 1998 Section 3(1) benefit paragraph (b)﻿(iva) inserted 4 October 2004 section 11(2) Social Security (Working for Families) Amendment Act 2004 Section 3(1) benefit paragraph (b)﻿(ivb) inserted 1 April 2006 section 21 Social Security (Working for Families) Amendment Act 2004 Section 3(1) benefit paragraph (b)﻿(v) replaced 17 November 2000 section 7(1) Housing Restructuring (Income-Related Rents) Amendment Act 2000 Section 3(1) benefit paragraph (b)﻿(va) repealed 17 November 2000 section 7(1) Section 3(1) benefit paragraph (b)﻿(vi) repealed 17 November 2000 section 7(1) Section 3(1) benefit paragraph (b)﻿(vii) repealed 17 November 2000 section 7(1) Section 3(1) benefit paragraph (b)﻿(viii) repealed 17 November 2000 section 7(1) Section 3(1) benefit paragraph (c) replaced 1 July 1993 section 2(2) Social Security Amendment Act (No 3) 1993 Section 3(1) capacity for work inserted 1 September 1998 section 11(1) Social Security Amendment Act 1998 Section 3(1) ceased replaced 30 November 1992 Social Security Amendment Act (No 4) 1992 Section 3(1) ceased amended 1 January 1994 Social Security Amendment Act 1993 Section 3(1) ceased inserted 1 January 1994 Social Security Amendment Act 1993 Section 3(1) chief executive replaced 1 October 1998 section 11 Employment Services and Income Support Integrated Administration) Act 1998 Section 3(1) child replaced 1 April 1991 section 2(2) Social Security Amendment Act 1991 Section 3(1) child amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 3(1) Commission repealed 23 June 1987 section 2(1)﻿(a) Social Security Amendment Act 1987 Section 3(1) community task force project repealed 1 October 1998 section 18(5) Social Security Amendment Act 1998 Section 3(1) community wage repealed 1 July 2001 section 13(9) Social Security Amendment Act 2001 Section 3(1) community wage earner repealed 1 July 2001 section 13(9) Social Security Amendment Act 2001 Section 3(1) contracted service provider inserted 20 August 2012 section 5(2) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 3(1) contract of insurance inserted 2 October 1994 section 3(1) Social Security Amendment Act 1994 Section 3(1) contract of insurance amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 3(1) date of first contact inserted 24 September 2007 section 22(1) Social Security Amendment Act 2007 Section 3(1) debt insurance payment inserted 2 October 1994 section 3(1) Social Security Amendment Act 1994 Section 3(1) dentist inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 3(1) department replaced 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 3(1) dependent child replaced 24 August 2010 section 4(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 3(1) dependent child amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 3(1) dependent child amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 3(1) dependent child amended 15 July 2013 section 81(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) dependent child amended 20 August 2012 section 5(3) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 3(1) dependent child inserted 20 August 2012 section 5(4) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 3(1) dependent child inserted 1 July 2018 section 60(2) Families Package (Income Tax and Benefits) Act 2017 Section 3(1) Director-General repealed 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 3(1) disability services replaced 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 3(1) district health board inserted 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 3(1) document inserted 30 June 1993 section 2(3) Social Security Amendment Act (No 3) 1993 Section 3(1) domestic epidemic management notice inserted 19 December 2006 section 4 Social Security Amendment Act 2006 Section 3(1) employment inserted 1 September 1998 section 11(1) Social Security Amendment Act 1998 Section 3(1) employment plan inserted 27 September 2010 section 4(2) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 3(1) employment required to satisfy the work test replaced 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 3(1) existing debt inserted 2 October 1994 section 3(1) Social Security Amendment Act 1994 Section 3(1) family maintenance allowance repealed 20 October 1972 section 2(1) Social Security Amendment Act 1972 Section 3(1) financially independent inserted 1 April 1991 section 2(2) Social Security Amendment Act 1991 Section 3(1) financially independent amended 1 October 1998 regulation 49 Student Allowance Regulations 1998 Section 3 financially independent amended 15 July 2013 section 61(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) financially independent amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 3 financially independent amended 15 July 2013 section 61(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) financially independent amended 17 November 2000 section 7(1) Housing Restructuring (Income-Related Rents) Amendment Act 2000 Section 3(1) friendly society amended 1 April 1983 section 161(2) Friendly Societies and Credit Unions Act 1982 Section 3(1) full employment full-time employment inserted 1 October 1986 section 2(3) Social Security Amendment Act 1986 Section 3(1) full employment full-time employment amended 1 October 1998 section 18(6) Social Security Amendment Act 1998 Section 3(1) full-time student inserted 1 October 1998 section 18(1) Social Security Amendment Act 1998 Section 3(1) full-time student amended 1 October 1998 regulation 49 Student Allowances Regulations 1998 Section 3(1) funder inserted 15 November 2000 section 3(1) Social Security Amendment Act 2000 Section 3(1) Government occupational pension inserted 2 October 1996 Social Security Amendment Act (No 6) 1996 Section 3(1) Government occupational pension paragraph (a)﻿(i) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 3(1) Government occupational pension paragraph (a)﻿(ii) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 3(1) Government occupational pension amended 27 April 2002 section 10 Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 Section 3(1) Government occupational pension inserted 27 April 2002 section 10 Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 Section 3(1) guaranteed retirement income repealed 1 April 1994 section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 Section 3(1) health or disability insurance payment inserted 2 October 1994 section 3(1) Social Security Amendment Act 1994 Section 3(1) health practitioner inserted 27 September 2010 section 4(2) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 3(1) hospital inserted 1 July 2005 section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004 Section 3(1) incentive payment inserted 20 August 2012 section 5(2) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 3(1) income replaced 2 October 1994 section 3(2) Social Security Amendment Act 1994 Section 3(1) income replaced 17 September 1997 section 2(1) Social Security Amendment Act (No 4) 1997 Section 3(1) income amended 1 July 1999 Accident Insurance Act 1998 Section 3(1) income inserted 1 July 1999 Accident Insurance Act 1998 Section 3(1) income amended 1 April 2000 Accident Insurance Amendment Act 2000 Section 3(1) income inserted 1 July 2002 section 6 Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 Section 3(1) income amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 3(1) income amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 3(1) income amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 3(1) income amended 5 December 2013 section 15(5)﻿(a) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 3(1) income amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 3(1) income amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 3(1) income amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 3(1) income amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 3(1) income amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 3(1) income amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 3(1) income amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 3(1) income inserted 1 September 1998 section 11(3) Social Security Amendment Act 1998 Section 3(1) income inserted 1 October 1998 section 18(7) Social Security Amendment Act 1998 Section 3(1) income amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010 Section 3(1) income amended 1 April 2002 section 337(1) Accident Compensation Act 2001 Section 3(1) income amended 1 July 1999 Accident Insurance Act 1998 Section 3(1) income inserted 17 September 1997 section 2(2) Social Security Amendment Act (No 4) 1997 Section 3(1) income amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 3(1) income inserted 17 September 1997 section 2(2) Social Security Amendment Act (No 4) 1997 Section 3(1) income replaced 1 April 2007 section 5 Social Security Amendment Act 2005 Section 3(1) income amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 3(1) income inserted 17 September 1997 section 2(2) Social Security Amendment Act (No 4) 1997 Section 3(1) income inserted 17 November 2000 section 7(1) Housing Restructuring (Income-Related Rents) Amendment Act 2000 Section 3(1) income amended 14 April 2014 section 25 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 3(1) income amended 1 July 2006 section 5(2)﻿(h) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 Section 3(1) income inserted 26 September 2002 section 4(1) Social Security (Personal Development and Employment) Amendment Act 2002 Section 3(1) income inserted 4 June 2004 section 4 Social Security (Working for Families) Amendment Act 2004 Section 3(1) income amended 1 July 2018 section 42 Families Package (Income Tax and Benefits) Act 2017 Section 3(1) income amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 3(1) income-related insurance payment inserted 2 October 1994 section 3(1) Social Security Amendment Act 1994 Section 3(1) income-related insurance payment amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 3(1) income-related purpose inserted 2 October 1994 section 3(1) Social Security Amendment Act 1994 Section 3(1) income tax inserted 1 April 1969 Land and Income Tax Amendment Act (No 3) 1968 Section 3(1) income tax amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 3(1) Income Test 1 inserted 1 July 1996 Social Security Amendment Act 1996 Section 3(1) Income Test 1 amended 27 September 2010 section 4(3)﻿(a) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 3(1) Income Test 1 amended 27 September 2010 section 4(3)﻿(b) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 3(1) Income Test 1 amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 3(1) Income Test 1 amended 27 September 2010 section 4(3)﻿(b) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 3(1) Income Test 2 inserted 1 July 1996 Social Security Amendment Act 1996 Section 3(1) Income Test 2 amended 27 September 2010 section 4(4)﻿(a) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 3(1) Income Test 2 amended 27 September 2010 section 4(4)﻿(b) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 3(1) Income Test 2 amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 3(1) Income Test 2 amended 27 September 2010 section 4(4)﻿(b) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 3(1) Income Test 3 replaced 27 September 2010 section 4(5) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 3(1) Income Test 4 inserted 1 July 1996 Social Security Amendment Act 1996 Section 3(1) Income Test 4 amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 3(1) Income Test 5 repealed 27 September 2010 section 4(6) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 3(1) income-tested benefit inserted 1 July 1999 Accident Insurance Act 1998 Section 3(1) income-tested benefit paragraph (a) replaced 1 July 2001 section 13(3) Social Security Amendment Act 2001 Section 3(1) income-tested benefit amended 15 July 2013 section 128(1)﻿(a) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) income-tested benefit repealed 15 July 2013 section 99(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) income-tested benefit amended 15 July 2013 section 85(1)﻿(a) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) income-tested benefit repealed 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 3(1) income-tested benefit amended 15 July 2013 section 96(1)﻿(a) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) income-tested benefit replaced 7 December 2014 section 278 Veterans’ Support Act 2014 Section 3(1) income-tested benefit repealed 15 April 2005 section 3(2) Social Security (Social Assistance) Amendment Act 2005 Section 3(1) income-tested benefit repealed 15 July 2013 section 70(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) income-tested benefit inserted 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 3(1) income-tested benefit inserted 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 3(1) job seeker contract repealed 1 July 2001 section 13(9) Social Security Amendment Act 2001 Section 3(1) living with a parent inserted 1 July 1998 section 2(2) Social Security Amendment Act 1998 Section 3(1) main benefit under this Act inserted 15 July 2013 section 6(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) married rate repealed 15 July 2013 section 6(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) medical practitioner replaced 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 3(1) midwife inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 3(1) Minister inserted 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 3(1) national superannuation repealed 1 April 1994 section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 Section 3(1) NCEA level 2 inserted 8 July 2016 section 5(1) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 3(1) net average wage repealed 1 April 1997 Social Security Amendment Act 1996 Section 3(1) New Zealand superannuation replaced 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 3(1) New Zealand superannuation amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 3(1) non-entitlement period replaced 1 October 1998 section 18(2) Social Security Amendment Act 1998 Section 3(1) non-entitlement period repealed 24 September 2007 section 32(2)﻿(a) Social Security Amendment Act 2007 Section 3(1) non-entitlement period inserted 24 September 2007 section 42(6) Social Security Amendment Act 2007 Section 3(1) non-entitlement period amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 3(1) nurse inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 3(1) occupational therapist inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 3(1) open employment inserted 1 September 1998 section 11(1) Social Security Amendment Act 1998 Section 3(1) ordinarily resident in New Zealand amended 15 July 2013 section 6(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) organised activity repealed 1 July 2001 section 13(9) Social Security Amendment Act 2001 Section 3(1) overseas epidemic management notice inserted 19 December 2006 section 4 Social Security Amendment Act 2006 Section 3(1) overseas pension inserted 2 October 1996 Social Security Amendment Act (No 6) 1996 Section 3(1) overseas pensioner inserted 2 October 1996 Social Security Amendment Act (No 6) 1996 Section 3(1) parent inserted 1 July 1998 section 2(2) Social Security Amendment Act 1998 Section 3(1) participation allowance inserted 1 October 1998 section 18(1) Social Security Amendment Act 1998 Section 3(1) partner inserted 26 April 2005 section 3 Social Security Amendment Act 2005 Section 3(1) partner amended 1 April 2007 section 5 Social Security Amendment Act 2005 Section 3(1) part-time work replaced 1 April 2016 section 4(1) Social Security Amendment Act (No 2) 2015 Section 3(1) part-time work-tested beneficiary replaced 2 May 2011 section 4(15) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 3(1) part-time work-tested beneficiary replaced 15 October 2012 section 33(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 3(1) part-time work-tested beneficiary amended 1 April 2016 section 4(2) Social Security Amendment Act (No 2) 2015 Section 3(1) part-time work-tested beneficiary amended 15 July 2013 section 85(2)﻿(a) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) part-time work-tested beneficiary repealed 15 July 2013 section 70(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) part-time work-tested beneficiary replaced 15 July 2013 section 99(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) pay day replaced 1 April 1990 section 37(1)﻿(a) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 Section 3(1) pay day amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 3(1) pay day amended 17 September 1997 section 2(3) Social Security Amendment Act (No 4) 1997 Section 3(1) pay period repealed 1 April 1990 section 37(1)﻿(b) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 Section 3(1) periodical inserted 2 October 1994 section 3(1) Social Security Amendment Act 1994 Section 3(1) personal development and employment plan repealed 27 September 2010 section 4(8) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 3(1) physiotherapist inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 3(1) principal caregiver inserted 25 July 1990 section 2(1) Social Security Amendment Act (No 2) 1990 Section 3(1) principal caregiver amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 3(1) principal caregiver amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 3(1) principal caregiver repealed 1 October 2004 section 59(1) Health and Disability Services (Safety) Act 2001 Section 3(1) psychologist replaced 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 3(1) purchaser repealed 15 November 2000 section 3(2) Social Security Amendment Act 2000 Section 3(1) redundancy payment repealed 30 November 1992 Social Security Amendment Act (No 4) 1992 Section 3(1) regular inserted 1 October 1998 section 18(1) Social Security Amendment Act 1998 Section 3(1) resident inserted 1 March 1991 section 2(3) Social Security Amendment Act 1991 Section 3(1) residential care disability services repealed 1 July 2005 section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004 Section 3(1) residential care services inserted 17 September 1997 section 2(4) Social Security Amendment Act (No 4) 1997 Section 3(1) residential care services amended 1 October 2002 section 58(1) Health and Disability Services (Safety) Act 2001 Section 3(1) residential care services amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 3(1) rest home inserted 1 July 2005 section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004 Section 3(1) salary or wages inserted 1 March 1991 section 2(3) Social Security Amendment Act 1991 Section 3(1) sheltered employment inserted 1 September 1998 section 11(1) Social Security Amendment Act 1998 Section 3(1) sickness inserted 1 September 1998 section 11(1) Social Security Amendment Act 1998 Section 3(1) single replaced 1 April 2007 section 5 Social Security Amendment Act 2005 Section 3(1) social security income tax repealed 1 April 1969 Land and Income Tax Amendment Act (No 3) 1968 Section 3(1) sole parent replaced 26 April 2005 section 3 Social Security Amendment Act 2005 Section 3(1) sole parent replaced 1 April 2007 section 5 Social Security Amendment Act 2005 Section 3(1) spouse inserted 11 October 1978 section 2(2) Social Security Amendment Act 1978 Section 3(1) strike replaced 2 October 2000 section 240 Employment Relations Act 2000 Section 3(1) student allowance inserted 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 3(1) suitable employment replaced 15 October 2012 section 33(3) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 3(1) temporary employment inserted 1 March 1991 section 2(3) Social Security Amendment Act 1991 Section 3(1) temporary employment amended 9 December 1994 Social Security Amendment Act (No 2) 1994 Section 3(1) transitional retirement benefit repealed 15 April 2005 section 3(3) Social Security (Social Assistance) Amendment Act 2005 Section 3(1) union replaced 2 October 2000 section 240 Employment Relations Act 2000 Section 3(1) veteran's pension replaced 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 3(1) veteran’s pension amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 3(1) winter energy payment inserted 1 July 2018 section 60(3) Families Package (Income Tax and Benefits) Act 2017 Section 3(1) work preparation exercise repealed 15 July 2013 section 98(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work test replaced 1 October 1998 section 2(3) Social Security (Work Test) Amendment Act 1998 Section 3(1) work test amended 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 3(1) work-test couple rate amended 15 July 2013 section 6(4) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-test couple rate amended 15 July 2013 section 113(1)﻿(a) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-test couple rate amended 15 July 2013 section 128(1)﻿(b) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-test couple rate amended 15 July 2013 section 96(1)﻿(b) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-test couple rate amended 15 July 2013 section 87(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested beneficiary replaced 15 October 2012 section 33(2) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 3(1) work-tested beneficiary replaced 15 July 2013 section 99(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested beneficiary inserted 15 July 2013 section 99(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested beneficiary amended 15 July 2013 section 85(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested beneficiary repealed 15 July 2013 section 70(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested beneficiary repealed 15 July 2013 section 99(4) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested benefit replaced 15 October 2012 section 33(2) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 3(1) work-tested benefit amended 15 July 2013 section 70(4)﻿(a) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested benefit amended 15 July 2013 section 70(4)﻿(b) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested benefit amended 15 July 2013 section 99(5) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested benefit amended 15 July 2013 section 128(1)﻿(c) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested benefit amended 15 July 2013 section 96(1)﻿(c) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested benefit amended 15 July 2013 section 99(6) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested benefit amended 15 July 2013 section 70(5) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested benefit amended 15 July 2013 section 85(2)﻿(b) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested benefit repealed 15 July 2013 section 99(7) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested benefit repealed 15 July 2013 section 70(6) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested domestic purposes beneficiary repealed 15 July 2013 section 70(7) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested sickness beneficiary repealed 15 July 2013 section 99(8) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested sole parent support beneficiary inserted 15 July 2013 section 70(8) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested sole parent support beneficiary amended 1 April 2016 section 4(3) Social Security Amendment Act (No 2) 2015 Section 3(1) work-tested spouse repealed 26 April 2005 section 3 Social Security Amendment Act 2005 Section 3(1) work-tested spouse or partner replaced 20 August 2012 section 5(5) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 3(1) work-tested spouse or partner amended 1 April 2016 section 4(4) Social Security Amendment Act (No 2) 2015 Section 3(1) work-tested spouse or partner amended 15 July 2013 section 64(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested spouse or partner amended 15 July 2013 section 96(1)﻿(d) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested spouse or partner amended 15 July 2013 section 99(9) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested spouse or partner amended 15 July 2013 section 128(1)﻿(d) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested spouse or partner amended 15 July 2013 section 64(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested spouse or partner amended 15 July 2013 section 87(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested spouse or partner amended 15 July 2013 section 96(1)﻿(d) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) work-tested widow's beneficiary repealed 15 July 2013 section 70(9) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(1) working day replaced 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 3(1) young parent payment inserted 20 August 2012 section 5(2) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 3(1) young person replaced 25 October 2016 section 5(2) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 3(1) youth payment inserted 20 August 2012 section 5(2) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 3(1) youth support payment inserted 20 August 2012 section 5(2) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 3(2) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 3(2A) repealed 1 April 2007 section 5 Social Security Amendment Act 2005 Section 3(3) inserted 1 April 1994 section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 Section 3(3) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 3(3) amended 5 December 2013 section 15(5)﻿(b) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 3(3) amended 1 July 2005 section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004 Section 3(3) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 3(3) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 3(3) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 3(3)﻿(a) replaced 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 3(3)﻿(a) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 3(3)﻿(b) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 3(3)﻿(c) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 3(3)﻿(c)﻿(i) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 3(3)﻿(c)﻿(ii) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 3(3)﻿(d)﻿(ii) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 3(4) inserted 2 October 1994 section 3(3) Social Security Amendment Act 1994 Section 3(4) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 3(4)﻿(g) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 3(5) replaced 1 October 1998 section 18(11) Social Security Amendment Act 1998 Section 3(5) amended 15 July 2013 section 64(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 3(5) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 3(5) amended 1 February 1999 section 58(8) Social Security Amendment Act 1998 Section 3(6) inserted 2 July 2007 section 4(2) Social Security Amendment Act 2007
3A: Delegation of powers by Minister
Section 3A repealed 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
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.
2: If an example and a provision to which it relates are inconsistent, the provision prevails. Section 3B inserted 15 July 2013 section 7 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
3C: Transitional and savings provisions relating to amendments to this Act
1: The transitional and savings provisions set out in Schedule 32
2: The transitional and savings provisions relating to, or to the provisions of, the amendment Acts specified in the first column of the following table are set out in the Parts of Schedule 32 The following table has 2 columns. Column 1 is headed Amendment Act or provisions of it. Column 2 is headed Schedule 32 Part. Amendment Act or provisions of it Schedule 32 Part Social Security Amendment Act 2001 Part 1 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Part 2 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Part 3 Social Security Amendment Act (No 2) 2015 Part 4 Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Part 5 Families Package (Income Tax and Benefits) Act 2017, Part 2, subpart 3 Part 6 Families Package (Income Tax and Benefits) Act 2017, Part 2, subpart 1 Part 7 Section 3C replaced 7 July 2014 section 14 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 3C(2) table amended 8 July 2016 section 6 Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 3C(2) table amended 1 April 2016 section 5 Social Security Amendment Act (No 2) 2015
4: Social Security Department
Section 4 repealed 1 April 1972 section 15(4) Department of Social Welfare Act 1971
1A: Administration: Ministerial directions, reviews, and appeals
Part 1A heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Ministerial directions Heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
5: Chief executive to comply with directions
1: In the exercise of powers, functions, and discretions conferred on the chief executive by this Act or the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) or the New Zealand Superannuation and Retirement Income
2: As soon as practicable after giving a direction under subsection (1), the Minister must publish in the Gazette
3: A direction given under this section for the purposes of all or any of sections 60RAB(1)﻿(b) 125AA(5) 132AD(4)﻿(c)
a: is not a legislative instrument for the purposes of the Legislation Act 2012
b: is a disallowable instrument for the purposes of the Legislation Act 2012 section 41 Section 5 replaced 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 5(1) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 5(1) amended 5 December 2013 section 15(4)﻿(a) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 5(1) amended 21 April 2005 section 5(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 5(1) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 5(1) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 5(3) replaced 5 August 2013 section 8(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013
6: Social Security Commission
Section 6 repealed 23 June 1987 section 2(3)﻿(e) Social Security Amendment Act 1987
7: Acting Commissioners
Section 7 repealed 23 June 1987 section 2(3)﻿(e) Social Security Amendment Act 1987
8: Commissioners, Acting Commissioners, and other officers to be appointed under State Services Act 1962
Section 8 repealed 1 April 1972 section 17(2) Department of Social Welfare Act 1971
9: Meetings of Commission
Section 9 repealed 23 June 1987 section 2(3)﻿(e) Social Security Amendment Act 1987
10: Delegation of Director-General's powers
Section 10 repealed 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Reviews by benefits review committee Heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
10A: Review of decisions
of chief executive made under delegation by other decision makers
1: This section applies to a person and a decision both of which are specified in any 1 of the rows of the following table, but only if the decision is made by a decision maker in the exercise of any power, function, or discretion conferred on the decision maker by delegation: The following table has 3 columns. Column 1 is headed Row. Column 2 is headed Person. Column 3 is headed Decision. Row Person Decision 1 An applicant or a beneficiary A decision of the chief executive made in relation to the applicant or beneficiary under any enactment referred to in any of the paragraphs of section 12J(1) 2 An applicant or beneficiary or other person A decision of the chief executive made—
a: in relation to the applicant or beneficiary or other person; and
b: using a power under section 19D(1)﻿(a) section 12J(7) 3 A beneficiary's spouse or partner A decision of the chief executive made—
a: in relation to the beneficiary's spouse or partner; and
b: under section 86(3) section 12J(8) 4 The personal representative of a deceased beneficiary A decision of the chief executive made—
a: in relation to the estate of the deceased beneficiary; and
b: under section 86(4) section 12J(10) 5 The personal representative of a beneficiary's deceased spouse or partner A decision of the chief executive made—
a: in relation to the estate of the beneficiary's deceased spouse or partner; and
b: under section 86(5) section 12J(11) 6 A beneficiary's spouse or partner A decision of the chief executive made—
a: in relation to the beneficiary's spouse or partner; and
b: under section 86AA section 12J(13)
1A: A person to whom this section applies may apply in writing for a review of the decision to the appropriate benefits
1B: The application must be made—
a: within 3 months after receiving notification of the decision; or
b: if the committee considers there is good reason for the delay, within such further period as the committee may allow on application made either before or after the expiration of that period of 3 months.
1C:
2: The Minister shall establish at least 1 benefits review committee office of the department where decisions or recommendations in relation to the matters to which this Act applies are made or were made
3: Every benefits review committee
a: a person resident in or closely connected with the office of the department where decisions or recommendations in relation to the matters to which this Act applies are made or were made
b:
c: 2 department chief executive
i: from time to time; or
ii: in respect of the particular review.
4: The member of the benefits review committee
a: shall hold office during the Minister's pleasure:
b: may be paid out of the Department's Bank Account, from money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951
c: shall not be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 Government Superannuation Fund Act 1956 benefits review committee
5: All secretarial and administrative services required for the purposes of the review committee shall be supplied by the department.
6: At any meeting of the review committee the quorum shall be the total membership, and the decision of any 2 members of the review committee shall be the decision of the committee.
7: No officer of the department shall act as a member of the review committee if that officer was involved in the decision being reviewed.
8: As soon as practicable after receiving an application for review the review committee shall review the decision and may, in accordance with this Act, confirm, vary, or revoke the decision.
9: On reaching a decision on any review, the review committee shall give written notification of its decision to the applicant for review and shall include in the notification—
a: the reasons for the review committee's decision; and
b: advice that the applicant has a right of appeal against the decision to the Social Security Appeal Authority. Section 10A inserted 23 June 1987 section 4 Social Security Amendment Act 1987 Section 10A heading amended 7 July 2014 section 4(1) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 10A(1) replaced 7 July 2014 section 4(2) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 10A(1) table amended 8 July 2016 section 7 Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 10A(1A) inserted 23 November 2000 section 8(1) Social Welfare (Transitional Provisions) Amendment Act 2000 Section 10A(1A) amended 7 July 2010 section 4 Social Security Amendment Act (No 2) 2010 Section 10A(1B) inserted 23 November 2000 section 8(1) Social Welfare (Transitional Provisions) Amendment Act 2000 Section 10A(1C) repealed 7 July 2014 section 4(3) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 10A(2) replaced 1 August 1991 section 3 Social Security Amendment Act (No 2) 1991 Section 10A(2) amended 1 April 1992 section 4(e)﻿(i) Social Security Amendment Act 1992 Section 10A(2) amended 1 April 1992 section 4(g) Social Security Amendment Act 1992 Section 10A(3) amended 1 April 1992 section 4(g) Social Security Amendment Act 1992 Section 10A(3)﻿(a) replaced 1 April 1991 section 3(1) Social Welfare (Transitional Provisions) Amendment Act 1991 Section 10A(3)﻿(a) amended 1 April 1992 section 4(e)﻿(i) Social Security Amendment Act 1992 Section 10A(3)﻿(b) repealed 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 10A(3)﻿(c): inserted 1 April 1997 Social Security Amendment Act 1996 Section 10A(3)﻿(c) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 10A(4) replaced 1 April 1991 section 3(2) Social Welfare (Transitional Provisions) Amendment Act 1991 Section 10A(4) amended 1 April 1992 section 4(g) Social Security Amendment Act 1992 Section 10A(4)﻿(c) amended 1 April 1992 section 4(g) Social Security Amendment Act 1992 Appeals to medical board Heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
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 made in relation to the applicant or beneficiary
a: a decision that a claim for a child disability allowance is declined, or that any such allowance is cancelled, in either case on the ground that the child is not a child with a serious disability (within the meaning of section 39A(1) and (2)
b: a decision that a claim for a supported living payment on the ground of sickness, injury, disability, or total blindness is declined, or that any such benefit is cancelled, in either case on medical grounds; or
c: a decision under section 60Q(1)﻿(bb)
d: a decision under section 60Q(1)﻿(bc)
e: a decision that a claim for jobseeker support on the ground of sickness, injury, or disability is declined on medical grounds or on grounds relating to a person's capacity for work, or that a person's jobseeker support on the ground of sickness, injury, or disability is cancelled on medical grounds or on grounds relating to the person's capacity for work; or
f: a determination under section 88F(2) section 88F(4)
g: a confirmation, amendment, revocation, or replacement under section 88F(6)
h: a decision on medical grounds under section 88I(2) section 88H(2)
i: a decision on medical grounds under section 88I(7) section 88I
i: jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability); or
ii: jobseeker support granted on the ground of sickness, injury, or disability; or
j: any of the following made in reliance on any work ability assessment by a health practitioner under section 100B
i: a determination whether the person assessed is entitled to a benefit and, if so, what kind of benefit:
ii: a determination whether the person assessed, being a person in receipt of jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability), is entitled on an application under section 88H section 88I(4) section 88I
iii: a determination whether the person assessed, being a person in receipt of jobseeker support on the ground of sickness, injury, or disability, has for the purposes of section 88F(2)
iv: a determination whether the person assessed, being a person who is subject to work test obligations or work preparation obligations under section 60Q
k: a decision under section 116C(2)﻿(a)
i: not complying with a drug testing obligation under section 102B(1)
ii: failing to apply for suitable employment that requires candidates to undertake drug tests; or
l: a decision to decline a claim for a veteran's pension under section 164
2: An appeal under this section must be made within—
a: 3 months after the decision has been communicated to that person; or
b: any further period the Board may (if it considers there 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 chief executive for the particular purpose, being medical practitioners, rehabilitation professionals (as defined in subsection (5)), or other persons having appropriate expertise in the fields of vocational training or vocational support for persons with sickness, injury, or disability.
5: Rehabilitation professional
a: a person professionally engaged in the rehabilitation of persons from sickness or accident or with disabilities; or
b: a nurse; or
c: an occupational therapist; or
d: a physiotherapist; or
e: a psychologist. Section 10B inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 10B(1) amended 8 July 2016 section 8 Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 10B(1)﻿(l) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Information and information matching Heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
11: Power to obtain information
1: Subject to this section and to the code of conduct established under section 11B chief executive
a: to provide the department or a specified employee of the department with such information as the chief executive
b: to produce to the department or to a specified employee of the department any document in the custody of or under the control of that person, and to allow copies of or extracts from any such document to be made or taken; or
c: to furnish to the department or to a specified employee of the department any copies or extracts from any document or record in the custody or under the control of that person— within a period (being not less than 5 working days after the notice is given) and in the manner specified in the notice, and without charge.
2: The purposes specified in subsection (1) are—
a: determining whether a person who is receiving, or has received, or made a claim for, a benefit or payment under this Act Part 6 or under the New Zealand Superannuation and Retirement Income Act 2001 section 124(1)﻿(d)
b: determining the rate of benefit or payment that is or was applicable to that person; or
c: determining whether a person who has been issued with, or has made a claim for, an entitlement card under regulations in force under section 132A
d: conducting or reviewing a means assessment under Part 4 section 136
da: determining, pursuant to section 69FA
e: ascertaining the financial circumstances or whereabouts of any person who is indebted to the Crown under—
i: this Act
ii: sections 27I to 27ZI section 27X Schedule 20 section 256(1)
iii: section 61CA
f: discharging the chief executive's Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) or Part 6 or under the New Zealand Superannuation and Retirement Income Act 2001 section 124(1)﻿(d)
3: A person who—
a: refuses or fails without reasonable excuse to comply with a notice under this section to the extent that the person is capable of complying with it; or
b: in purported compliance with such a notice knowingly or recklessly furnishes information which is false or misleading in any material particular, or attempts to do so,— commits an offence and is liable on
4: Nothing in subsection (1) requires any person to provide any information or produce any document that would be privileged in a court of law, except as provided in subsection (5).
5: Nothing in subsection (1) shall require any person to provide any information or to produce any document that is legally professionally privileged: provided that this subsection shall not apply to information or any document that consists wholly or partly of, or relates wholly or partly to,—
a: the receipts, payments, income, expenditure, or financial transactions of a specified person (whether a law practitioner, his or her client, or any other person); or
b: investment receipts (being receipts arising or accruing from any money lodged at any time with a law practitioner for investment) of any person or persons (whether the law practitioner, his or her clients, or any other person or persons)— and is contained in, or comprises the whole or part of, any book, account, statement, or other record prepared by or kept in connection with a trust account of the law practitioner.
6: Where any person refuses to disclose any information or document on the ground that it is privileged under subsection (4) or chief executive or any other person to whom the information or document relates
7:
8: In this section— law practitioner Lawyers and Conveyancers Act 2006 trust account section 6 Section 11 replaced 30 June 1993 section 3 Social Security Amendment Act (No 3) 1993 Section 11(1) amended section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11(1) amended 17 September 1997 section 4(1) Social Security Amendment Act (No 4) 1997 Section 11(1)﻿(a) amended section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11(2)﻿(a) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 11(2)﻿(a) amended 5 December 2013 section 15(6)﻿(a) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 11(2)﻿(a) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 11(2)﻿(a) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 11(2)﻿(a) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 11(2)﻿(d) replaced 1 July 2005 section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004 Section 11(2)﻿(da) inserted 17 September 1997 section 4(2) Social Security Amendment Act (No 4) 1997 Section 11(2)﻿(e)﻿(i) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 11(2)﻿(f) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 11(2)﻿(f) amended 5 December 2013 section 15(4)﻿(c) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 11(2)﻿(f) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 11(2)﻿(f) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 11(2)﻿(f) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 11(2)﻿(f) amended section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 11(3) amended 17 September 1997 section 4(3) Social Security Amendment Act (No 4) 1997 Section 11(4) replaced 17 September 1997 section 4(4) Social Security Amendment Act (No 4) 1997 Section 11(6) amended section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11(6) amended 17 September 1997 section 4(5)﻿(a) Social Security Amendment Act (No 4) 1997 Section 11(6) amended 17 September 1997 section 4(5)﻿(b) Social Security Amendment Act (No 4) 1997 Section 11(7) repealed 17 September 1997 section 4(6) Social Security Amendment Act (No 4) 1997 Section 11(8) replaced 1 August 2008 section 348 Lawyers and Conveyancers Act 2006
11A: Power to obtain information for matching purposes
1: Where the chief executive
a: to whom benefits or payments under this Act have been paid; or
b: to whom entitlement cards have been issued; or
c: in respect of whom or whose spouse or partner a means assessment under Part 4 that should not have been, the chief executive section 11(1)
d: the names and addresses of that employer's employees or a specified class of employees (including any former employees who were employed by that employer within a specified period); and
e: the tax file numbers of those employees or former employees.
2: The chief executive chief executive
a: are or have been receiving a benefit or payment under this Act; or
b: are or have been issued with entitlement cards pursuant to regulations in force under this Act; or
c: have had their financial circumstances, or the financial circumstances of their spouse or partner, assessed under this Act.
3: The chief executive
4: Where the chief executive chief executive
a: unless the chief executive
i: specifying particulars of the discrepancy and of the adverse action the chief executive
ii: stating that the individual has 5 working days from the receipt of the notice in which to show cause why the action should not be taken; and
b: until the expiration of those 5 working days.
5: Nothing in subsection (4) prevents the chief executive
6: The provisions of sections 100 to 102 104 to 106 Schedule 4 chief executive rule 4
a: the chief executive
b: the chief executive
7: Where the chief executive Part 8 Part 10
8: In this section, information matching programme section 97
9: Nothing in this section shall limit or affect the provisions of section 103(1A)
10: In this section, tax file number section YA 1 Section 11A replaced 30 June 1993 section 3 Social Security Amendment Act (No 3) 1993 Section 11A(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11A(1)﻿(c) amended 1 July 2005 section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004 Section 11A(1)﻿(c) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 11A(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11A(2)﻿(c) replaced 26 April 2005 section 3 Social Security Amendment Act 2005 Section 11A(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11A(4) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11A(4)﻿(a) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11A(4)﻿(a)﻿(i) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11A(5) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11A(6) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11A(6)﻿(a) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11A(6)﻿(b) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11A(7) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11A(10) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
11B: Code of conduct applying to obtaining information under section 11
1: The chief executive Privacy Act 1993 section 11(1) chief executive chief executive
2: The code of conduct—
a: must include the matters specified in section 11C
b: may include restrictions on obtaining—
i: specified classes of information or documents; and
ii: information or documents from specified classes of persons or from persons in specified relationships— pursuant to a requirement under section 11(1)
c: must specify procedures applying to the obtaining of information or documents under section 11
3: The chief executive
4: Nothing in the code of conduct may derogate from any code of practice issued by the Privacy Commissioner under Part 6 section 11 chief executive
5: Without limiting the general power to make regulations conferred by section 132 chief executive
a: any specified class of information or document; or
b: information or documents from any specified class of persons; or
c: information or documents in any specified manner— pursuant to a requirement under section 11(1) Part 6
6: Any person who is—
a: required to produce any information or document pursuant to a requirement under section 11(1)
b: the subject of any such information or document— may make a complaint to the Privacy Commissioner that the requirement breaches the code of conduct issued pursuant to this section.
7: Part 8 Part 6
8: As soon as practicable after issuing any code of conduct and any amendment to it under this section, the chief executive Section 11B inserted 17 September 1997 section 5 Social Security Amendment Act (No 4) 1997 Section 11B(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11B(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11B(4) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11B(5) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 11B(8) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
11C: Matters to be included in code of conduct
1: The code of conduct established under section 11B
a: provisions—
i: requiring any information or document to be first sought from a beneficiary; and
ii: allowing the beneficiary a reasonable time to provide it— before a requirement under section 11(1)
b: a provision prohibiting a requirement under section 11(1)
c: a provision prohibiting a requirement under section 11(1) or relationship
d: provisions otherwise restricting requirements under section 11(1)
2: In subsection (1)﻿(b), reasonable cause
a: cause to suspect that the beneficiary has committed an offence under this Act or has obtained by fraud any payment or credit or advance under this Act:
b: the fact that the beneficiary or a spouse or partner Section 11C inserted 17 September 1997 section 5 Social Security Amendment Act (No 4) 1997 Section 11C(1)﻿(c) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 11C(2)﻿(b) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Application process, pre-benefit activities, and investigation of claims for and grants of benefits Heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
11D: Application process for benefits
1: A benefit must not be granted to an applicant unless the requirement stated in subsection (2) has been complied with.
2: The requirement referred to in subsection (1) is that the department has received—
a: an application form (provided by the chief executive for the purpose) completed by or on behalf of the applicant and his or her spouse or partner (if any) to the chief executive's satisfaction; and
b: any supporting evidence (for example, a medical certificate) reasonably required by the chief executive.
3: The form referred to in subsection (2)﻿(a) does not have to refer to a benefit of any particular kind.
3A: If the chief executive considers that the appropriate benefit for an applicant is a youth support payment, he or she may require as supporting evidence under subsection (2)﻿(b) evidence of the applicant's accommodation costs and service costs (within the meaning of section 157
3B: Subsection (3A) does not limit the generality of subsection (2)﻿(b).
4: The receipt by the department of a completed application form relating to a benefit of one kind is sufficient compliance with subsection (2)﻿(a) to enable the granting of a benefit of another kind.
5: The chief executive—
a: may waive all or part of a requirement to provide information under this section if satisfied that the department—
i: already holds the information concerned; or
ii: already holds enough other information to determine the matter for which the information concerned is needed; and
b: may waive the requirement to complete an application form if satisfied that the department already holds a form relating to an application that has lapsed under subsection (8).
6: Subsection (1) is subject to subsection (5) and to section 81(3) and (4)
7: If the requirement stated in subsection (2) has been complied with, an application for a benefit must for the purposes of sections 80 80BA
8: An application for a benefit lapses at the close of the period of 20 working days after the date of first contact (as from time to time extended under subsection (10)) unless, within the period, the requirement stated in subsection (2) has been complied with.
9: Subsection (8) does not apply to an application for a benefit made by a person ordinarily section 19 (Reciprocity Agreements, and New Zealand Artificial Limb Service)
9A: Subsection (8) does not apply to an application for—
a: New Zealand superannuation, if section 31(4)
b: a veteran’s pension, if section 191(4)
10: Before or after the expiration of the period referred to in subsection (8), the chief executive may extend that period, if in any particular case he or she thinks that there is a good and sufficient reason for non-compliance with the requirement stated in subsection (2) within that period.
11: The combined effect of subsections (1) and (8) is that an applicant whose application for a benefit has lapsed cannot become entitled to the benefit without applying for it again and establishing his or her eligibility to receive it.
12: This section is subject to sections 11E 11G 11H Section 11D inserted 24 September 2007 section 24 Social Security Amendment Act 2007 Section 11D(3A) inserted 20 August 2012 section 6 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 11D(3B) inserted 20 August 2012 section 6 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 11D(6) amended 15 July 2013 section 130 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 11D(9) amended 5 December 2013 section 15(4)﻿(d) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 11D(9) amended 15 July 2013 section 9 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 11D(9A) inserted 1 July 2015 section 12 Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015 Section 11D(12) amended 15 July 2013 section 67 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
11E: Pre-benefit activities: requirements
1: This section applies to a person if the person is—
a: 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: jobseeker support; or
ii: sole parent support; or
iii: an emergency benefit; or
b: 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)
i: jobseeker support; or
ii: a supported living payment on the ground of sickness, injury, disability, or total blindness; or
iii: an emergency benefit.
2: The chief executive may (for the purpose stated in section 1A(a)﻿(ii)
a: undertake 1 or more stated pre-benefit activities:
b: 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 employment to which the person is referred by the chief executive:
c: 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 from an interview of the kind described in paragraph (b)).
3: Pre-benefit activity sections 11F to 11H section 3(1)
a: attending and participating in an employment related seminar provided by the department or by any other person approved by the chief executive for the purpose:
b: attending and participating in employment related training approved by the chief executive for the purpose:
c: attending and participating in any interview with an officer of the department:
d: completing any self-assessment or planning required by the chief executive:
e: any other activity stated in regulations under section 132J
4: Suitable employment
a: in relation to a person who has a dependent child aged under 14 years, and to whom this section applies by virtue of subsection (1)﻿(a)﻿(ii) or (b), means employment that would be suitable employment within the meaning of section 3(1)
b: in relation to a person for whom the chief executive 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)
c: in relation to any other person, means employment that would be suitable employment within the meaning of section 3(1)
5: A requirement under subsection (2) may be oral or written 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 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. Section 11E inserted 15 July 2013 section 10 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
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)
a: the person's obligations in relation to the requirements; and
b: the consequences of failure to comply with the requirements; and
c: when a requirement is to be, or has been, revoked, and when the revocation takes, or took, effect. Section 11F inserted 15 July 2013 section 10 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
11G: Pre-benefit activities: consequences of non-compliance by applicant
1: In this section,— applicant section 11E(1)﻿(a) specified benefit section 11E(1)﻿(a)
2: The chief executive is not required to investigate under section 12
3: Subsection (2) applies whether or not the applicant has completed the form of application for the specified benefit.
4: If the applicant fails to undertake any required pre-benefit activities within 20 working days after the date of first contact, 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 considers that the applicant has, without a good and sufficient reason, failed to comply with a requirement under section 11E(2)﻿(b) or (c)
7: If subsection (6) applies to an applicant, the chief executive must, as the case requires,—
a: refuse to grant the applicant the specified benefit; or
b: terminate any grant of the specified benefit already made to the applicant. Section 11G inserted 15 July 2013 section 10 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
11H: Pre-benefit activities: consequences of non-compliance by applicant's spouse or partner
1: In this section,— applicant section 11E(1)﻿(b) applicant's spouse or partner section 11E(1)﻿(b) specified benefit section 11E(1)﻿(b)
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 first contact; or
b: has failed without a good and sufficient reason to comply with a requirement under section 11E(2)﻿(b) or (c)
3: If subsection (2) applies to an applicant's spouse or partner, the applicant receives the following (if all or any of them is granted) at the following rate or rates only:
a: 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 partner is not granted a benefit in his or her own right:
b: 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 Section 11H inserted 15 July 2013 section 10 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
12: Investigation of claims and grant of benefits
1: Every claim for a benefit shall be investigated by the chief executive chief executive the chief executive's chief executive
1AA: If he or she thinks an investigation into an application for a benefit of kind A is unlikely to be completed quickly (for example, because of the need to obtain further medical evidence), the chief executive may grant the applicant a benefit of kind B to which the applicant is entitled, on the basis that a benefit of kind A will be granted retroactively if it becomes apparent that the applicant is entitled to a benefit of kind A; and in that case, if (when the investigation has been completed) it becomes apparent that the applicant is in fact entitled to a benefit of kind A, the chief executive may—
a: grant the applicant a benefit of kind A commencing on the date on which it would have commenced if the investigation had been completed before the benefit of kind B was granted; and
b: terminate the benefit of kind B on that date.
1A: The chief executive chief executive
2: It shall be the duty of every person (including the applicant) chief executive or any person who is or has been in receipt of a benefit , or concerning the means, earning capacity, and economic circumstances of any person, for the purposes of section 46 section 91 , or of any person who is or may be liable to maintain any applicant for a benefit or any beneficiary, or any dependant of such an applicant or of a beneficiary
3: Every person commits an offence who demands or accepts from any applicant or from any other person any fee or other consideration for procuring or endeavouring to procure the grant of a benefit. 1938 No 7 s 59 Section 12(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12(1AA) inserted 24 September 2007 section 25 Social Security Amendment Act 2007 Section 12(1A) inserted 24 August 1979 Social Security Amendment Act 1979 Section 12(1A) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12(2) amended 1 July 1992 Social Security Amendment Act (No 5) 1991 Section 12(2) amended 1 October 1981 section 189(1) Family Proceedings Act 1980 Section 12(2) amended 24 August 1979 Social Security Amendment Act 1979 Section 12(2) amended 24 August 1979 Social Security Amendment Act 1979 Section 12(2) amended 11 October 1978 section 3 Social Security Amendment Act 1978 Section 12(2) amended 20 October 1972 section 3 Social Security Amendment Act 1972 Section 12(2) amended 1 January 1970 Social Security Amendment Act 1969 Appeal Authority Heading: inserted 1 May 1974 section 4(1) Social Security Amendment Act 1973
12A: Social Security Appeal Authority
1: There is hereby established an Authority to be known as the Social Security Appeal Authority.
2: The Authority shall consist of 3 persons appointed by the Governor-General on the recommendation of the Minister given after consultation with the Minister of Justice.
3: One of the members shall be appointed as Chairman of the Authority. Section 12A inserted 1 May 1974 section 4(1) Social Security Amendment Act 1973
12B: Term of office of members
1: Except as otherwise provided by this Act, every member of the Appeal Authority shall hold office for a term of 3 years, and shall be eligible for reappointment from time to time.
2: Notwithstanding anything to the contrary in this Act, every member of the Appeal Authority shall, unless he sooner vacates his office under section 12C Section 12B inserted 1 May 1974 section 4(1) Social Security Amendment Act 1973
12C: Extraordinary vacancies
1: Any member of the Appeal Authority may at any time be removed from office by the Governor-General for inability to perform the functions of the office
2: When the office of any member becomes vacant by death, resignation, or removal from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made.
3: Every person appointed to fill an extraordinary vacancy shall hold office for the residue of the term for which his predecessor would have held office if the vacancy had not occurred.
4: The powers of the Appeal Authority shall not be affected by any vacancy in its membership. Section 12C inserted 1 May 1974 section 4(1) Social Security Amendment Act 1973 Section 12C(1) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001
12D: Special Appeal Authorities
1: In addition to the Appeal Authority established by section 12A
2: Every Special Social Security Appeal Authority shall consist of 3 persons appointed by the Governor-General on the recommendation of the Minister given after consultation with the Minister of Justice, and those members shall hold office during the pleasure of the Governor-General.
3: One of the members shall be appointed as Chairman of the Authority.
4: Any member of a Special Social Security Appeal Authority may from time to time be reappointed, or may at any time resign his office by written notice to the Minister. Section 12D inserted 1 May 1974 section 4(1) Social Security Amendment Act 1973
12E: Deputies of members
1: In the event of the incapacity of any member of the Appeal Authority by reason of illness or absence or any other cause, the Governor-General may, on the recommendation of the Minister given after consultation with the Minister of Justice, appoint some other person qualified for appointment to act in the place of the Chairman or member, as the case may require. Every person so appointed as deputy shall, while the incapacity continues, be deemed for all purposes to be the Chairman or a member of the Authority, as the case may be.
2: No appointment of a deputy, and no acts done by a deputy acting as Chairman or by the Authority, while the deputy is acting as such, shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased.
3: Notwithstanding the provisions of subsections (1) and (2), the Governor-General may, on the recommendation of the Minister given after consultation with the Minister of Justice, appoint some other person qualified for appointment to be Deputy Chairman, to act as Chairman from time to time as required. Section 12E inserted 1 May 1974 section 4(1) Social Security Amendment Act 1973 Section 12E(3) inserted 21 January 1981 Social Security Amendment Act (No 2) 1980
12F: Remuneration and travelling allowances
1: The Appeal Authority is hereby declared to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951
2: There shall be paid, out of money appropriated by Parliament for the purpose, to the members of the Appeal Authority remuneration by way of fees, salary, or allowances, and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 Section 12F inserted 1 May 1974 section 4(1) Social Security Amendment Act 1973
12G: Services for Appeal Authority
The chief executive of the Ministry of Justice Ministry of Justice Section 12G replaced 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 12G amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 12G amended 1 October 2003 section 14(2) State Sector Amendment Act 2003
12H: Authority to have seal
The Authority shall have a seal, which shall be judicially noticed by all courts for all purposes. Section 12H inserted 1 May 1974 section 4(1) Social Security Amendment Act 1973
12I: Functions of Appeal Authority
1: The functions of the Appeal Authority shall be to sit as a judicial authority for the determination of appeals in accordance with section 12J
2: In hearing and determining any appeal, the Appeal Authority shall have all the powers, duties, functions, and discretions that the chief executive Section 12I inserted 1 May 1974 section 4(1) Social Security Amendment Act 1973 Section 12I(1) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 12I(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Appeals to Appeal Authority Heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
12J: Rights of appeal
Decisions or determinations under specified social assistance enactments
1: An applicant or beneficiary may appeal to the Appeal Authority against any decision or determination of the chief executive made in relation to the applicant or beneficiary
a: any of the provisions of Parts 1A to 1P Part 2 Part 4 Part 5
b: a welfare programme approved by the Minister under section 124(1)﻿(d)
c:
cb: Part 6 section 175(2)
d: Part 1
e: the Family Benefits (Home Ownership) Act 1964
f: any regulations in force under section 132A 155
2: No appeal lies under subsection (1)﻿(a) against a decision under section 88I(2) or (7) section 10B(1)﻿(h) or (i)
3: No appeal lies under subsection (1)﻿(a) against a decision under section 116C(2)﻿(a) section 10B(1)﻿(k)
4: Subsection (1) applies to a person in respect of whom a decision or determination is made under Part 4 section 155
5: For the purposes of subsection (1), a decision or determination is not made in relation to an applicant or a beneficiary by reason only that the decision or determination has an economic or other effect on the applicant or beneficiary.
6: A beneficiary’s spouse or partner—
a: may appeal to the Appeal Authority against a decision by the chief executive that section 83AA section 83(1) or (2)
i: is an amount in excess of the amount to which the spouse or partner is by law entitled or is an amount to which the spouse or partner has no entitlement; or
ii: is an amount obtained by fraud by the spouse or partner; but
b: may not appeal against a decision or determination of the chief executive that relates only to the temporary deferral, rate, or method or methods of debt recovery from the beneficiary. Decisions under mutual assistance provisions in reciprocity agreements
7: An applicant or beneficiary or other person may appeal to the Appeal Authority against a decision that was made in relation to that person by the chief executive under the power conferred by section 19D(1)﻿(a) Decisions under section 86(3) to recover excess amount from spouse or partner
8: A beneficiary's spouse or partner may appeal to the Appeal Authority against a decision that was made by the chief executive under section 86(3) sections 85A
9: A decision referred to in subsection (8), and made by the chief executive under section 86(3)
a: the decision that, in the chief executive's opinion, the beneficiary's spouse or partner has made a false statement to or otherwise misled any officer engaged in the administration of this Act, in relation to any matter:
b: the decision that, as a result of the beneficiary's spouse or partner making a false statement to or otherwise misleading any officer engaged in the administration of this Act, the benefit or an instalment of benefit was paid in excess of the amount to which the beneficiary was by law entitled. Decisions under section 86(4) to recover excess amount from deceased beneficiary's estate
10: The personal representative of a deceased beneficiary may appeal to the Appeal Authority against a decision that was made by the chief executive under section 86(4) sections 85A Decisions under section 86(5) to recover excess amount from deceased spouse's or partner's estate
11: The personal representative of a beneficiary's deceased spouse or partner may appeal to the Appeal Authority against a decision that was made by the chief executive under section 86(5) sections 85A
12: Subsection (11) gives the personal representative of a beneficiary's deceased spouse or partner, without limitation, a right to appeal against the decision that the beneficiary was paid an amount in excess of the amount to which he or she was by law entitled. Decisions under section 86AA to recover excess amount from spouse or partner
13: A beneficiary's spouse or partner may appeal to the Appeal Authority against a decision that was made by the chief executive under section 86AA sections 85A 86(1)
14: Subsection (13) gives the beneficiary's spouse or partner, without limitation, a right to appeal against the decision that the beneficiary obtained by fraud an amount in excess of the amount to which the beneficiary was by law entitled or to which the beneficiary has no entitlement. Debt recovery decisions include related decisions on deferral, rate, and methods
15: A reference in this section to a decision to recover an amount from a person or estate includes, without limitation, all related decisions on all or any of the temporary deferral, rate, or method or methods, of debt recovery from the person or estate. General restriction on appeals under this section
16: A decision cannot be appealed against under any other provision of this section unless the decision—
a: has been confirmed or varied by a benefits review committee under section 10A
b: was made by the chief executive other than pursuant to a delegation. Authority is not authorised to hear and determine certain appeals on medical or capacity grounds
17: The Appeal Authority does not have the authority to hear and determine any appeal on medical grounds, grounds relating to incapacity, or grounds relating to capacity for work, against any decision or determination of the chief executive in respect of—
a: a supported living payment on the ground of sickness, injury, disability, or total blindness; or
b: a child disability allowance under section 39A
c: a veteran's pension under section 70
d: jobseeker support on the ground of sickness, injury, or disability. Section 12J replaced 7 July 2014 section 5 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 12J(1) amended 8 July 2016 section 9(1) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 12J(1)﻿(c) repealed 7 December 2014 section 278 Veterans’ Support Act 2014 Section 12J(1)﻿(cb) inserted 7 December 2014 section 278 Veterans’ Support Act 2014 Section 12J(5) replaced 8 July 2016 section 9(2) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 12J(6) replaced 8 July 2016 section 9(2) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016
12K: Procedure on appeal
1: An appeal under section 12J
1A: If the appeal is against a decision or determination of the chief executive
a: 3 months after the applicant is notified of the confirmation or variation under section 10A(9)
b: an additional time allowed by the Appeal Authority, on an application made to it before or after the end of that period of 3 months.
1B: If the appeal is against a decision or determination of the chief executive
a: 3 months after the applicant is notified of the decision or determination; or
b: an additional time allowed by the Appeal Authority, on an application made to it before or after the end of that period of 3 months.
1C: The parties to an appeal are—
a: the person to whom section 12J
b: the chief executive
2: The notice of appeal shall state with particularity the grounds of appeal and the relief sought.
3: Either before or immediately after the lodging of the notice of appeal, a copy of it shall be left with or sent to the chief executive
4: As soon as possible after the receipt of the copy of the notice of appeal by the chief executive the chief executive
a: any application, documents, written submissions, statements, reports, and other papers lodged with, received by, or prepared for, the chief executive
b: a copy of any notes made by or by direction of the chief executive chief executive
c: any exhibits in the custody of the chief executive
d: a copy of the decision or determination appealed against; and
e: a report setting out the considerations to which regard was had in making the decision or determination.
5: The Authority may direct that a further report be lodged by the chief executive
6: A copy of every report lodged pursuant to paragraph (e) of subsection (4), or subsection (5), shall be given or sent forthwith to every party to the appeal, and any such party shall be entitled to be heard and to tender evidence on any matter referred to in the report.
7: As soon as conveniently may be after the receipt of any appeal, the Appeal Authority shall, unless it considers that the appeal can be properly determined without a hearing, fix a time and place for the hearing of the appeal, and shall give not less than 10 clear days' notice thereof to the appellant and to the chief executive
8: At the hearing of any appeal the chief executive
9: Proceedings before the Authority shall not be held bad for want of form.
10: Except as provided by this Act or by any regulations for the time being in force under this Act, the procedure of the Authority shall be such as the Authority may determine.
11: Where notice of any decision or determination in respect of which an appeal lies to the Authority has been given by post addressed to the appellant at his last known or usual address, then, for the purposes of subsections (1A) and (1B) Section 12K inserted 1 May 1974 section 4(1) Social Security Amendment Act 1973 Section 12K(1) replaced 17 September 1997 section 7(1) Social Security Amendment Act (No 4) 1997 Section 12K(1A) inserted 17 September 1997 section 7(1) Social Security Amendment Act (No 4) 1997 Section 12K(1A) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12K(1B) inserted 17 September 1997 section 7(1) Social Security Amendment Act (No 4) 1997 Section 12K(1B) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12K(1C) inserted 17 September 1997 section 7(1) Social Security Amendment Act (No 4) 1997 Section 12K(1C)﻿(a) replaced 7 July 2014 section 15 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 12K(1C)﻿(b) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12K(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12K(4) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12K(4)﻿(a) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12K(4)﻿(b) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12K(4)﻿(c) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12K(5) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12K(7) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12K(8) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12K(11) amended 17 September 1997 section 7(2) Social Security Amendment Act (No 4) 1997
12L: Expenses payable to appellants
If the Appeal Authority requests an appellant to appear before it and the appellant does so, the chief executive Section 12L inserted 1 May 1974 section 4(1) Social Security Amendment Act 1973 Section 12L amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
12M: Hearing and determination of appeal
1: Subject to subsection (7) of section 12K chief executive chief executive
a: as to any evidence given orally, by the production of a copy of the notes of the chief executive
b: as to any evidence taken by affidavit and as to any exhibits, by the production of the affidavits and such of the exhibits as may have been forwarded to the Authority by the chief executive
2: Notwithstanding anything in subsection (1), on any appeal against a decision or determination of the chief executive chief executive
3: The Authority shall have full discretionary power to hear and receive evidence or further evidence on questions of fact, either by oral evidence or by affidavit.
4: The Authority shall also have regard to any report lodged by the chief executive section 12K
5: In the exercise of its powers under this section the Authority may receive as evidence any statement, document, information, or matter which in the opinion of the Authority may assist it to deal with the matters before it, whether or not the same would be admissible in a court of law.
6: The Authority shall, within the scope of its jurisdiction, be deemed to be a commission of inquiry under the Commissions of Inquiry Act 1908 sections 2 10 11 12
7: Subject to subsection (2) of section 12I
8: Notwithstanding the provisions of subsection (7), the Authority may refer to the chief executive chief executive Section 12M inserted 1 May 1974 section 4(1) Social Security Amendment Act 1973 Section 12M(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12M(1)﻿(a) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12M(1)﻿(b) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12M(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12M(4) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12M(8) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
12N: Sittings of Appeal Authority
1: The presence of the chairman and 1 other member shall be necessary to constitute a sitting of the Authority.
2: The decision of a majority of the members present at a sitting of the Authority shall be the decision of the Authority. If the said members are equally divided in opinion, the decision of the chairman shall be the decision of the Authority.
3: Every sitting of the Authority shall be held in private and in such place as it considers convenient having regard to the nature of the matters to be decided: provided that the Authority may, in any case if it considers that the interests of the parties to the appeal and of all other persons concerned will not be adversely affected, order that the sitting or any part of it shall be held in public.
4: It shall not be lawful to publish any part of the proceedings before the Appeal Authority unless in any case the Authority orders otherwise.
5: Every person who acts in contravention of subsection (4) commits an offence and shall be liable on Section 12N inserted 1 May 1974 section 4(1) Social Security Amendment Act 1973 Section 12N(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
12O: Costs
1: Where an appeal is allowed in whole or in part, or the whole or any part of the matter is referred back to the chief executive
2: Where any appeal is not allowed, no award of costs shall be made against the appellant unless in the opinion of the Authority the appeal was frivolous or vexatious or one that ought not to have been brought.
3: The amount of costs awarded shall be stated in the order.
4: Where under this section an award of costs is made and any sum remains unpaid, the person in whose favour the award or order was made may obtain from the Secretary of the Authority a certificate under seal of the sum awarded. When any such certificate is filed in the District Court Section 12O inserted 1 May 1974 section 4(1) Social Security Amendment Act 1973 Section 12O(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 12O(4) amended 1 March 2017 section 261 District Court Act 2016
12OA: Costs incurred by Authority
Where an appeal is allowed in whole or in part the Authority, if it considers it appropriate, may require the department to pay a sum fixed by the Authority to cover all or part of the costs incurred by the Authority in hearing and determining the appeal. Section 12OA inserted 23 March 1989 section 28 Finance Act 1989
12P: Notice of decision
On the determination of any appeal, the Secretary shall send to the chief executive chief executive Section 12P inserted 1 May 1974 section 4(1) Social Security Amendment Act 1973 Section 12P amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Appeals to courts Heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
12Q: Appeals to High Court on questions of law only
1: Where any party to any proceedings before the Authority is dissatisfied with any determination of the Authority as being erroneous in point of law, he may appeal to the High Court
2:
3: Within 14 days after the date of the determination the appellant shall lodge a notice of appeal with the Secretary of the Authority. The appellant shall forthwith deliver or post a copy of the notice to every other party to the proceedings.
4: Within 14 days after the lodging of the notice of appeal, or within such further time as the Chairman of the Authority may in his discretion allow, the appellant shall state in writing and lodge with the Secretary of the Authority a case setting out the facts and the grounds of the determination and specifying the question of law on which the appeal is made. The appellant shall forthwith deliver or post a copy of the case to every other party to the proceedings.
5: As soon as practicable after the lodging of the case, the Secretary of the Authority shall submit it to the Chairman of the Authority.
6: The Chairman shall, as soon as practicable, and after hearing the parties if he considers it necessary to do so, settle the case, sign it, send it to the Registrar of the High Court
7: The settling and signing of the case by the Chairman shall be deemed to be the statement of the case by the Authority.
8: If within 14 days after the lodging of the notice of appeal, or within such time as may be allowed, the appellant does not lodge a case pursuant to subsection (4), the Chairman of the Authority may certify that the appeal has not been prosecuted.
9: The court or a Judge thereof may in its or his discretion, on the application of the appellant or intending appellant extend any time prescribed or allowed under this section for the lodging of a notice of appeal or the stating of any case.
10: Subject to the provisions of this section, the case shall be dealt with in accordance with rules of court. Section 12Q inserted 1 May 1974 section 4(1) Social Security Amendment Act 1973 Section 12Q heading amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 12Q(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 12Q(2) repealed 15 August 1991 section 3(4) Judicature Amendment Act 1991 Section 12Q(6) amended 1 April 1980 section 12 Judicature Amendment Act 1979
12R: Appeals to Court of Appeal
Subpart 8 section 12Q section 300 Section 12R replaced 1 July 2013 section 413 Criminal Procedure Act 2011
12S: Appeals to Supreme Court
1: Any party to a proceeding under section 12Q 12R Senior Courts Act 2016
2: Subsection (1) is by way of explanation only. Section 12S inserted 7 July 2010 section 5 Social Security Amendment Act (No 2) 2010 Section 12S(1) replaced 8 July 2016 section 10 Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 12S(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016
13: National superannuation
Section 13 repealed 1 April 1990 section 14(18) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990
14: Residential qualification for national superannuation
Section 14 repealed 1 April 1990 section 14(18) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990
15: Rates of national superannuation
Section 15 repealed 1 April 1990 section 14(18) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990
16: Special provisions in respect of married couples where one spouse not entitled to national superannuation
Section 16 repealed 1 April 1989 section 29(1) Finance Act 1989
17: Commencement and payment of national superannuation
Section 17 repealed 1 April 1990 section 14(18) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990
18: Termination of national superannuation on death of recipient
Section 18 repealed 28 September 1982 section 4(1) Social Security Amendment Act 1982
19: Special allowance for South African War veterans
Section 19 repealed 1 April 1990 section 14(18) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990
20: Additional benefit for South African War veterans
Section 20 repealed 9 February 1977 Social Security Amendment Act 1976
1B: Sole parent support
Part 1B heading inserted 15 July 2013 section 12 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
20A: Sole parent support: meaning of applicant
Applicant sections 20B to 20H Schedule 3A
a: a person who is the mother or father of 1 or more dependent 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:
b: a single person who is the mother or father of 1 or more dependent children:
c: a person whose marriage or civil union has been dissolved, and who is the mother or father of 1 or more dependent children:
d: a person who is the mother or father of 1 or more dependent 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 section 3(1)
ii: subject to release conditions (as defined in section 4(1)
e: a person who is the mother or father of 1 or more dependent 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 conditions (including post-detention conditions of a sentence of home detention) that prevent that spouse or partner from undertaking employment:
f: a person who is the mother or father of 1 or more dependent children and whose spouse or partner has died. Section 20A inserted 15 July 2013 section 12 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
20B: Sole parent support: when dependent child may be regarded as applicant's child
The chief executive may, in his or her discretion, regard a dependent child as being a child of an applicant, and the applicant as being the mother or father of the child, for the purposes of sections 20A 20C to 20H Schedule 3A
a: the child—
i: is being maintained by the applicant; and
ii: was at any time maintained by the applicant's spouse or partner; or
b: neither an orphan's benefit nor an unsupported child's benefit is payable in respect of the child, but—
i: section 28(a)
ii: section 29(b)
c: the child's parents are unwilling to support the child because of circumstances the chief executive considers exceptional. Section 20B inserted 15 July 2013 section 12 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
20C: Sole parent support: split custody
1: This section applies to the parents of 2 or more dependent children if—
a: the parents are living apart; and
b: each parent is the principal caregiver of 1 or more of the children; and
c: but for this section, both parents would be entitled to sole parent support.
2: Only 1 of the 2 parents is entitled to sole parent support, and the parent who is entitled to sole parent support must be—
a: the parent already receiving sole parent support in respect of any of the children; or
b: the parent who the chief executive considers was the principal caregiver in respect of the children immediately before the parents began living apart, if no parent is already receiving sole parent support in respect of any of the children; or
c: the parent who is the principal caregiver in respect of the youngest child, if neither parent was the principal caregiver in respect of the children before they began living apart, or the chief executive is unable to ascertain which parent was the principal caregiver in respect of the children immediately before they began living apart.
3: This section does not apply if each parent has become the principal 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
a: born of their relationship; or
b: adopted by the parents or by one of the parents during their marriage or civil union or de facto relationship. Section 20C inserted 15 July 2013 section 12 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
20D: Sole parent support: standard eligibility requirements
1: An applicant is entitled to sole parent support if the chief executive is satisfied that the applicant—
a: meets the residential requirements in section 74AA
b: is aged 20 years
c: is caring for a dependent child who is, or dependent children 1 or more of whom is or are, aged under 14 years; and
d: is either—
i: a person in section 20A(a), (b), (c), or (f)
ii: a person in section 20A(d) or (e)
2: Subsection (1) is subject to the other provisions of this Act. Section 20D inserted 15 July 2013 section 12 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 20D(1)﻿(b) amended 25 October 2016 section 11 Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016
20E: Sole parent support: obligations on beneficiaries
A person who has been granted and receives sole parent support under section 20D
a: comply with any obligation arising under section 60Q
b: if he or she is a person to whom section 60RA section 60RA(3)
c: if he or she is a work-tested sole parent support beneficiary, comply with the work test. Section 20E inserted 15 July 2013 section 12 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
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 in accordance with sections 80 to 82
4: Subsection (3) does not limit any other provision in this Act. Section 20F inserted 15 July 2013 section 12 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
20G: Sole parent support: rate
1: Sole parent support must be paid to a person granted that benefit at the rate in Schedule 3A
2: Subsection (1) is subject to the other provisions of this Act. Section 20G inserted 15 July 2013 section 12 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
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
2: But the applicant's sole parent support is replaced with jobseeker support under section 88B
a: commences on that date; and
b: is deemed to be granted to him or her under section 88B
3: However, if the chief executive believes on reasonable grounds that the applicant would not be eligible for jobseeker support on the date that the applicant’s youngest dependent child turns 14 years old,—
a: the applicant is not transferred by subsection (2) to jobseeker support; and
b: the chief executive must instead invite the applicant to apply for jobseeker support in accordance with section 11D
4: Obligations or exemptions that immediately before the expiry under this section of the applicant's sole parent support under section 20D
a: obligations under sections 60GAG 60RA 60Q(2) 100B 102 102A
b: exemptions under section 105 section 123D(a)
5: This section does not preclude a review under section 81 section 88B Section 20H inserted 15 July 2013 section 12 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Widows' benefits Heading repealed 15 July 2013 section 12 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
21: Widows' benefits
Section 21 repealed 15 July 2013 section 12 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
21A: Widows' benefits: pre-benefit activities
Section 21A repealed 15 July 2013 section 12 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
22: Benefits to wives of mental patients
Section 22 repealed 14 November 1973 section 5(1) Social Security Amendment Act 1973
23: Benefits to deserted wives
Section 23 repealed 14 November 1973 section 5(1) Social Security Amendment Act 1973
24: Rates of widows' benefits
Section 24 repealed 15 July 2013 section 12 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
25: Special provisions as to benefits to deserted wives
Section 25 repealed 14 November 1973 section 5(1) Social Security Amendment Act 1973
26: Continuation of benefit to deserted wife after divorce
Section 26 repealed 14 November 1973 section 5(1) Social Security Amendment Act 1973
27: Continuation of widow's benefit when benefit ceases to be payable in respect of children
Section 27 repealed 1 April 1990 section 37(2) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 Domestic purposes benefits Heading repealed 15 July 2013 section 13 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
27A: Interpretation
Section 27A repealed 15 July 2013 section 13 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
27B: Domestic purposes benefits for solo parents
Section 27B repealed 15 July 2013 section 13 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
27BA: Split custody
Section 27BA repealed 15 July 2013 section 13 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
27C: Domestic purposes benefits for women alone
Section 27C repealed 15 July 2013 section 13 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
27CA: Domestic purposes benefits under section 27B or 27C: pre-benefit activities
Section 27CA repealed 15 July 2013 section 13 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
27D: Applicants for domestic purposes benefits for women alone to meet residential qualifications in section 74AA
Section 27D repealed 15 July 2013 section 13 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
27E: Continuation of benefit when benefit ceases to be payable in respect of children
Section 27E repealed 1 April 1990 section 37(2) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990
27F: Special provisions as to maintenance
Section 27F repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27G: Domestic purposes benefits for care at home of the sick or infirm
Section 27G repealed 15 July 2013 section 14 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
27H: Rates of domestic purposes benefits
Section 27H repealed 15 July 2013 section 14 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Contribution towards cost of domestic purposes benefits for solo parents Heading repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27I: Interpretation
Section 27I repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27J: Maintenance order or agreement suspended while benefit is paid
Section 27J repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27K: Liable parent to contribute towards cost of benefit and child supplement
Section 27K repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27L: Director-General Section 27L repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27M: Liable parent to notify
Director General total income Section 27M repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27N: Director-General Section 27N repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27O: Notice of objection
Section 27O repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27P: Grounds on which objection may be made
Section 27P repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27Q: Procedure to be followed where objection received
Section 27Q repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27R: Hearing of objection by court
Section 27R repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27S: Findings of court
Section 27S repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27T: Appeal from decisions of courts
Section 27T repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27U: Proceedings not open to public
Section 27U repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27V: Restriction of publication of reports
Section 27V repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27W: Costs
Section 27W repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27X: Recovery of unpaid contributions
Section 27X repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27Y: Deduction notices
Section 27Y repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27Z: Effect of deduction notices
Section 27Z repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27ZA: Liability of employer
Section 27ZA repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27ZB: Protected earnings
Section 27ZB repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27ZC: Variation or discharge of deduction notice
Section 27ZC repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27ZD: Transaction fee
Section 27ZD repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27ZE: Wrongful treatment of employee
Section 27ZE repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27ZF: Extent to which deduction notices bind the Crown
Section 27ZF repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27ZG: Relief in cases of serious hardship
Section 27ZG repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27ZH: Review of contributions
Section 27ZH repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
27ZI: Service of notices, etc, by
Director-General Section 27ZI repealed 1 July 1992 Social Security Amendment Act (No 5) 1991
1C: Orphans' benefits, and unsupported child's benefit
Part 1C heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
28: Orphans' benefits
A person who is a principal caregiver in respect of a dependent child shall be entitled to receive an orphan's benefit in respect of that child if—
a: each of the child's natural or adoptive parents is dead, or cannot be found, or suffers a serious long-term disablement which renders him or her unable to care for the child; and
b: the applicant is likely to be the principal caregiver in respect of the child for at least 1 year from the date of application for the benefit; and
c: the applicant is aged 18 years or over; and
d: either—
i: the child is both resident and present in New Zealand; or
ii: the applicant has been both resident and present in New Zealand for a continuous period of 12 months at any time. Section 28 replaced 1 April 1991 section 5 Social Security Amendment Act 1991
29: Unsupported child's benefit
A person who is a principal caregiver in respect of a dependent child shall be entitled to receive an unsupported child's benefit in respect of the child if—
a: that person is not the natural parent, adoptive parent, or step-parent of the child; and
b: because of a breakdown in the child's family, no natural parent, adoptive parent, or step-parent of the child is able to care for the child or to provide fully for the child's support; and
c: the applicant is likely to be the principal caregiver in respect of the child for at least 1 year from the date of application for the benefit; and
d: the applicant is aged 18 years or over; and
e: either—
i: the child is both resident and present in New Zealand; or
ii: the applicant has been both resident and present in New Zealand for a continuous period of 12 months at any time. Section 29 replaced 1 April 1991 section 6 Social Security Amendment Act 1991
29A: Rates of orphan's benefit and unsupported child's benefit
The rate of the orphan's benefit and the rate of the unsupported child's benefit payable in respect of any orphan or unsupported child shall in each case be fixed by the chief executive Schedule 4 Section 29A inserted 1 October 1990 section 11(1) Social Security Amendment Act (No 2) 1990 Section 29A amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
29B: Clothing allowance for orphans and unsupported children
1: This section applies if, under section 363 section 362
2: A person who receives an orphan’s or unsupported child’s benefit in respect of a child is entitled to receive a clothing allowance for that child in the same amount or at the same rate as the clothing allowance referred to in subsection (1). Section 29B inserted 1 July 2018 section 4 Social Security (Clothing Allowances for Orphans and Unsupported Children) Amendment Act 2015
30: Period for which orphan's benefit payable
Section 30 repealed 1 April 1990 section 37(2) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990
31: Orphan's benefit
and unsupported child's benefit Every orphan's benefit and every unsupported child's benefit chief executive 1938 No 7 s 26(5) Section 31 amended 1 October 1990 section 12 Social Security Amendment Act (No 2) 1990 Section 31 amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 31 amended 1 October 1990 section 12(1) Social Security Amendment Act (No 2) 1990 Family benefits Heading repealed 1 April 1991 section 7(1) Social Security Amendment Act 1991
32: Family benefits
Section 32 repealed 1 April 1991 section 7(1) Social Security Amendment Act 1991
33: Residential qualifications for family benefit
Section 33 repealed 1 April 1991 section 7(1) Social Security Amendment Act 1991
34: Rate of family benefits
Section 34 repealed 1 April 1991 section 7(1) Social Security Amendment Act 1991
35: Period for which family benefit payable
Section 35 repealed 1 April 1991 section 7(1) Social Security Amendment Act 1991
36: Advance payment of family benefit
Section 36 repealed 1 April 1991 section 7(1) Social Security Amendment Act 1991
37: Person to whom family benefit payable
Section 37 repealed 1 April 1991 section 7(1) Social Security Amendment Act 1991
38: Family benefit to be expended for maintenance of children
Section 38 repealed 1 April 1991 section 7(1) Social Security Amendment Act 1991
39: Payment of family benefit not to restrict right to maintenance, compensation, or damages
Section 39 repealed 1 April 1991 section 7(1) Social Security Amendment Act 1991
1D: Child disability allowance
Part 1D heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
39A: Child disability allowance
1: For the purposes of this section and of sections 39B to 39E child with a serious disability dependent child
a: has a physical or mental disability;
b: because of that disability needs constant care and attention; and
c: is likely to need such care and attention permanently or for a period exceeding 12 months.
2: In determining for the purposes of subsection (1)﻿(b) whether a child with a serious disability chief executive
a: from another person, frequent attention in connection with his bodily functions; or
b: attention and supervision substantially in excess of that normally required by a child of the same age and sex; or
c: regular supervision from another person in order to avoid substantial danger to himself or others.
3: Subject to the provisions of this section and of sections 39B to 39E chief executive child disability allowance child with a serious disability
a: in a private home that is the residence of the person caring for that child; or
b: in a home or hostel operated by an approved voluntary organisation if the child's parent or guardian is required to contribute to the cost of maintaining him in that home or hostel and the child is cared for by his parent or guardian during school holidays or weekends. Section 39A inserted 18 October 1978 section 9(1) Social Security Amendment Act 1978 Section 39A amended 1 September 1998 section 12 Social Security Amendment Act 1998 Section 39A(1) amended 15 July 2013 section 88 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 39A(1) amended 1 September 1998 section 12(1) Social Security Amendment Act 1998 Section 39A(1) amended 1 April 1991 section 8 Social Security Amendment Act 1991 Section 39A(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 39A(2) amended 1 September 1998 section 12(1) Social Security Amendment Act 1998 Section 39A(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 39A(3) amended 1 September 1998 section 12(1) Social Security Amendment Act 1998 Section 39A(3) amended 1 September 1998 section 12(2) Social Security Amendment Act 1998
39B: Rate of
child disability allowance The rate of a child disability allowance section 39A Schedule 19 Section 39B inserted 18 October 1978 section 9(1) Social Security Amendment Act 1978 Section 39B amended 1 September 1998 section 12(4)﻿(a) Social Security Amendment Act 1998 Section 39B amended 1 September 1998 section 12(4)﻿(a) Social Security Amendment Act 1998
39C: Medical examination may be required
1: The chief executive child disability allowance child with a serious disability subsections (1) and (2) of section 39A
2: Before an application for a child disability allowance chief executive chief executive Section 39C inserted 18 October 1978 section 9(1) Social Security Amendment Act 1978 Section 39C(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 39C(1) amended 1 September 1998 section 12(4)﻿(a) Social Security Amendment Act 1998 Section 39C(1) amended 1 September 1998 section 12(4)﻿(b) Social Security Amendment Act 1998 Section 39C(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 39C(2) amended 1 September 1998 section 12(4)﻿(a) Social Security Amendment Act 1998
39D: Child disability allowance A child disability allowance this Act
a: any benefit which is granted to the child under this Act an unsupported child's benefit
b: any pension or allowance which is granted to the child under the Veterans' Support Act 2014
c: weekly compensation within the meaning of section 6 Accident Compensation Act 2001 Section 39D inserted 18 October 1978 section 9(1) Social Security Amendment Act 1978 Section 39D amended 1 September 1998 section 12(4)﻿(a) Social Security Amendment Act 1998 Section 39D amended 1 September 1998 section 12(4)﻿(a) Social Security Amendment Act 1998 Section 39D amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 39D(a) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 39D(a) amended 1 April 1991 section 9 Social Security Amendment Act 1991 Section 39D(b) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 39D(c) replaced 1 April 2002 section 337(1) Accident Compensation Act 2001 Section 39D(c) amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010
39E: Person to whom
child disability allowance The chief executive child disability allowance section 39A Section 39E replaced 1 April 1991 section 10 Social Security Amendment Act 1991 Section 39E amended 1 September 1998 section 12(4)﻿(a) Social Security Amendment Act 1998 Section 39E amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 39E amended 1 September 1998 section 12(4)﻿(a) Social Security Amendment Act 1998
1E: Supported living payment
Part 1E heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
40A: Supported living payment: purpose
1: The purpose of the supported living payment people because they are people who fall within any one of the following 3 categories:
a: people who :
b: people who :
c: people who are required to give full-time care and attention at home to some other person (other than their spouse or partner) who is a patient requiring care.
2: The purpose in subsection (1) is to be considered in the context of—
a: the expectation that people of working age support themselves directly or indirectly through employment; and
b: the fact that other measures are available for people who are temporarily unable to support themselves. Section 40A inserted 1 September 1998 section 13 Social Security Amendment Act 1998 Section 40A section number replaced 15 July 2013 section 15(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40A heading replaced 15 July 2013 section 15(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40A(1) amended 15 July 2013 section 15(3)﻿(a) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40A(1) amended 15 July 2013 section 15(3)﻿(b) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40A(1)﻿(a) amended 15 July 2013 section 15(4) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40A(1)﻿(b) amended 15 July 2013 section 15(5) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40A(1)﻿(c) inserted 15 July 2013 section 15(6) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40A(2) replaced 15 July 2013 section 15(7) Social Security (Benefit Categories and Work Focus) Amendment Act 2013
40B: Supported living payment: on ground of sickness, injury, disability, or total blindness: eligibility and ineligibility
1: A person is entitled to the supported living payment under this section if he or she satisfies the criteria in subsections (1A) and (1B), and—
aa:
a: the person is totally blind; or
b: the person is permanently and severely restricted in his or her capacity for work because of sickness, or because of injury or disability arising (in either case) existing from birth
1A: An applicant for the supported living payment under this section must be aged at least 16 years.
1B: An applicant for the supported living payment under this section must meet the residential requirements in section 74AA
2: A person is permanently restricted in his or her capacity for work if the chief executive is satisfied that—
a: the restricting sickness, injury, or disability is expected to continue for at least the period set out in regulations made under this Act for the purposes of this section; or
b: the person is not expected to live for the period set out in those regulations, because the person's sickness, injury, or disability is terminal.
3: A person is severely restricted in his or her capacity for work if the chief executive is satisfied that the person is incapable of regularly working 15 or more hours a week in open employment.
3A: Subsection (3) is subject to section 40K
4: A person who is not both permanently and severely restricted in his or her capacity for work must not be granted a supported living payment under this section
5: A person must not be granted a supported living payment under this section
6: Section 40B replaced 1 September 1998 section 13 Social Security Amendment Act 1998 Section 40B section number replaced 15 July 2013 section 16(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40B heading replaced 15 July 2013 section 16(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40B(1) amended 15 July 2013 section 16(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40B(1)﻿(aa) repealed 15 July 2013 section 16(4) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40B(1)﻿(b) amended 15 July 2013 section 16(5) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40B(1)﻿(b) amended 15 July 2013 section 16(6) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40B(1A) inserted 15 July 2013 section 16(7) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40B(1B) inserted 15 July 2013 section 16(7) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40B(3A) inserted 1 July 2004 section 5(2) Social Security (Working for Families) Amendment Act 2004 Section 40B(3A) amended 15 July 2013 section 16(8) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40B(4) amended 15 July 2013 section 16(9) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40B(5) amended 15 July 2013 section 16(9) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40B(6) repealed 15 July 2013 section 16(10) Social Security (Benefit Categories and Work Focus) Amendment Act 2013
40C: Supported living payment: on ground 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 ground 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 practitioner or a psychologist. The medical practitioner or psychologist must be agreed for the purpose between the applicant or beneficiary and the chief executive, or, failing agreement, must be nominated by the chief executive.
3: The medical practitioner or psychologist must certify whether, in the medical practitioner's or psychologist's opinion, the applicant or beneficiary is, or is not, or whether there is doubt about whether the applicant or beneficiary is or is not,—
a: permanently and severely restricted in his or her capacity for work; or (as the case may be)
b: totally blind.
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, of the applicant's or beneficiary's sickness, injury, or disability. Section 40C inserted 15 July 2013 section 17 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
40D: Supported living payment: on ground 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) 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 sections 40E 40H 40HA patient
a: hospital care, rest home care, or residential disability care, within the meaning of the Health and Disability Services (Safety) Act 2001
b: care of the kind referred to in section 141 Oranga Tamariki Act 1989
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 or she is aged at least 18 years:
b: in any other case, he or she is aged at least 20 years
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 executive'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. Section 40D inserted 15 July 2013 section 17 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40D(1)﻿(b) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 40D(2)﻿(b) amended 25 October 2016 section 12 Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016
40E: Supported living payment: on ground of caring for patient requiring care: medical examination
1: Every application for a supported living payment on the ground of care at home for a patient requiring care must be supported by the certificate of a medical practitioner certifying—
a: that the patient requires the applicant's full-time care and attention; and
b: that, but for that care and attention, the patient would have to receive care that is, or that is equivalent to, care of a kind specified in section 40D(1)﻿(a) or (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 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) Section 40E inserted 15 July 2013 section 17 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
40F: Supported living payment: on ground of sickness, injury, disability, or total blindness: beneficiary's obligations
A person who is granted a supported living payment on the ground of sickness, injury, disability, or total blindness, must,—
a: if section 60Q(1)﻿(bb)
b: if he or she is a person to whom section 60RA section 60RA(3) Section 40F inserted 15 July 2013 section 17 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
40G: Supported living payment: on ground of sickness, 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 ground of sickness, injury, disability, or total blindness.
2: A person to whom this section applies—
a: must comply with all obligations arising under section 60Q
b: if he or she is a person to whom section 60RA section 60RA(3)
c: if he or she is a work-tested spouse or partner, must comply with the work test. Section 40G inserted 15 July 2013 section 17 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
40H: Supported living payment: on ground of caring for patient requiring care: beneficiary's obligations
A person who is granted a supported living payment on the ground of care at home for a patient requiring care, must,—
a: if section 60Q(1)﻿(bc)
b: if he or she is a person to whom section 60RA section 60RA(3) Section 40H inserted 15 July 2013 section 17 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
40HA: Supported living payment: on ground of caring for patient requiring care: spouse's or partner's obligations
A person must comply with the person's social obligations under section 60RA(3)
a: is a person with 1 or more dependent children; and
b: is the spouse or partner of (whether or not receiving all or any of the benefit instead of, or as well as) the person who is granted a benefit that is a supported living payment on the ground of care at home for a patient requiring care; and
c: is not a young person on whom obligations are placed under section 171(1) or (2) Section 40HA inserted 15 July 2013 section 17 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
40I: Supported living payment: rates
1: A supported living payment must be paid to a person granted 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 disability; and
b: is receiving long-term residential care in a hospital or rest home because he or she has that disability; but
c: has not been means assessed under Part 4
4: A supported living payment payable to a person to whom subsection (3) applies is not apportioned under section 83 Schedule 6
5: A supported living payment payable to the spouse or partner of a person to whom subsection (3) applies (being a spouse or partner who is not receiving long-term residential care in a hospital or rest home) is not apportioned under section 83 Schedule 6 Section 40I inserted 15 July 2013 section 18 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
40J: Supported living payment: subsidy on totally blind beneficiaries' earnings
In addition to the benefit computed as provided in section 40I a supported living payment provided that an allowance shall not be granted under this section of such an amount that the total amount from all sources, including any benefit clause 2 of Schedule 6 1938 No 7 s 35 1964 No 37 s 12(1) Section 40J (former section 43) section number replaced 15 July 2013 section 19(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40J heading replaced 15 July 2013 section 19(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40J amended 15 July 2013 section 89 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40J amended 15 July 2013 section 96(1)﻿(e) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 40J proviso amended 1 April 1991 section 11(1) Social Security Amendment Act 1991
40K: Supported living payment: on ground 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 in order to establish whether they can sustain that employment and cease receiving that benefit.
2: This section applies to a person who—
a: is receiving a supported living payment granted on the ground of permanent and severe restriction of capacity for work; but
b: 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.
3: The period of open employment agreed with the chief executive 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 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. Section 40K inserted 15 July 2013 section 20 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
41: Residential qualifications for invalids' benefits
Section 41 repealed 2 July 2007 section 10(2) Social Security Amendment Act 2007
42: Rates of invalids' benefits
Section 42 repealed 15 July 2013 section 18 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
42A: Obligations on spouse
or partner Section 42A repealed 15 July 2013 section 18 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
44: Medical examination of invalids
Section 44 repealed 15 July 2013 section 20 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
44A: Beneficiary receiving invalid's benefit may establish whether open employment is sustainable
Section 44A repealed 15 July 2013 section 20 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
45: Invalids' beneficiaries may be required to undertake activities
Section 45 repealed 24 September 2007 section 30(4) Social Security Amendment Act 2007
46: Refusal to undertake vocational training
Section 46 repealed 1 September 1998 section 14 Social Security Amendment Act 1998 Work capacity assessment Heading repealed 8 March 2001 section 4(1) Social Security Amendment Act 2001
47: Procedure for assessment of capacity for work
Section 47 repealed 8 March 2001 section 4(1) Social Security Amendment Act 2001
48: Assessment of capacity for work
Section 48 repealed 8 March 2001 section 4(1) Social Security Amendment Act 2001
49: Content of assessment
Section 49 repealed 8 March 2001 section 4(1) Social Security Amendment Act 2001
50: Effect of assessment
Section 50 repealed 8 March 2001 section 4(1) Social Security Amendment Act 2001
51: Reassessment
Section 51 repealed 8 March 2001 section 4(1) Social Security Amendment Act 2001
52: Funeral grant on death of miner
Section 52 repealed 30 June 1993 section 5(1) Social Security Amendment Act (No 3) 1993
53: Miners' widows' benefits
Section 53 repealed 30 June 1993 section 5(1) Social Security Amendment Act (No 3) 1993 Appeals Heading repealed 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
53A: Right of appeal on medical grounds
Sections 53A repealed 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Sickness benefits Heading repealed 15 July 2013 section 21 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
54: Sickness benefit: standard eligibility requirements
Section 54 repealed 15 July 2013 section 21 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
54A: Sickness benefit: grounds of hardship
Section 54A repealed 15 July 2013 section 21 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
54B: Sickness benefit: medical examinations
Section 54B repealed 15 July 2013 section 21 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
54C: Sickness benefit: payment
Section 54C repealed 2 July 2007 section 13(2) Social Security Amendment Act 2007
54D: Rates of sickness benefit
Section 54D repealed 15 July 2013 section 21 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
54DA: Sickness beneficiary may be required to comply with work test
Section 54DA repealed 15 July 2013 section 21 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
54E: Obligations of spouse or partner of sickness beneficiary
Section 54E repealed 15 July 2013 section 21 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
54F: Transfer from community wage to sickness benefit on 1 July 2001
Section 54F repealed 15 July 2013 section 21 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
55: Rates of sickness benefits
Section 55 repealed 1 October 1998 section 24(1) Social Security Amendment Act 1998
56: Medical examination of applicants for sickness benefits
Section 56 repealed 1 October 1998 section 24(1) Social Security Amendment Act 1998
57: Period for which sickness benefit payable
Section 57 repealed 1 March 1991 section 12(1) Social Security Amendment Act 1991
58: Unemployment benefits
Section 58 repealed 1 October 1998 section 25(1) Social Security Amendment Act 1998
59: Rates of unemployment benefits
Section 59 repealed 1 October 1998 section 25(1) Social Security Amendment Act 1998
59A: Mandatory interview or work test for spouse
Section 59A repealed 1 October 1998 section 25(1) Social Security Amendment Act 1998
59B: Young job seekers' allowances
Section 59B repealed 1 October 1998 section 25(1) Social Security Amendment Act 1998
59C: Rates of young job seekers' allowances
Section 59C repealed 1 October 1998 section 25(1) Social Security Amendment Act 1998
59D: Spouse of young job seeker's allowance recipient
Section 59D repealed 1 October 1998 section 25(1) Social Security Amendment Act 1998
59E: Period for which young job seeker's allowance payable
Section 59E repealed 1 October 1998 section 25(1) Social Security Amendment Act 1998
60: Commencement of unemployment benefit, etc
Section 60 repealed 1 April 1997 Social Security Amendment Act 1996 Training benefits Heading repealed 20 August 2012 section 13 Social Security (Youth Support and Work Focus) Amendment Act 2012
60A: Training benefits: purpose
Section 60A repealed 1 October 1998 section 25(1) Social Security Amendment Act 1998
60AA: Training benefits: qualifications
Section 60AA repealed 1 October 1998 section 25(1) Social Security Amendment Act 1998
60B: Rates of training benefits
Section 60B repealed 1 October 1998 section 25(1) Social Security Amendment Act 1998
60C: Period for which training benefit payable
Section 60C repealed 1 October 1998 section 25(1) Social Security Amendment Act 1998
60D: Job search allowance
Section 60D repealed 1 January 1998 section 7(1) Social Security Amendment Act (No 3) 1997
60E: Rates of job search allowance
Section 60E repealed 1 January 1998 section 7(1) Social Security Amendment Act (No 3) 1997
60F: Independent youth benefits: basic qualifications
Section 60F repealed 20 August 2012 section 13 Social Security (Youth Support and Work Focus) Amendment Act 2012
60FA: Independent youth benefits:
single Section 60FA repealed 20 August 2012 section 13 Social Security (Youth Support and Work Focus) Amendment Act 2012
60FB: Independent youth benefits: persons who are married, in civil union, or de facto relationship
Section 60FB repealed 20 August 2012 section 13 Social Security (Youth Support and Work Focus) Amendment Act 2012
60FC: Independent youth benefits: persons enrolled in full-time course of secondary instruction
Section 60FC repealed 20 August 2012 section 13 Social Security (Youth Support and Work Focus) Amendment Act 2012
60FD: Independent youth benefits: sickness, injury, or disability
Section 60FD repealed 20 August 2012 section 13 Social Security (Youth Support and Work Focus) Amendment Act 2012
60G: Rates of independent youth benefit
Section 60G repealed 20 August 2012 section 13 Social Security (Youth Support and Work Focus) Amendment Act 2012
60GAA: Period for which independent youth benefit payable
Section 60GAA repealed 2 July 2007 section 13(2) Social Security Amendment Act 2007
60GAB: Independent youth benefits: obligations
Section 60GAB repealed 20 August 2012 section 13 Social Security (Youth Support and Work Focus) Amendment Act 2012
60GAC: Department to explain obligations to beneficiaries
Section 60GAC repealed 20 August 2012 section 13 Social Security (Youth Support and Work Focus) Amendment Act 2012
1F: Administration: further conditions of benefits, and obligations on beneficiaries
Part 1F heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
60GAD: Purpose of sections 60GAE and 60GAF
The purpose of sections 60GAE and 60GAF Section 60GAD inserted 15 October 2012 section 39 Social Security (Youth Support and Work Focus) Amendment Act 2012
60GAE: Beneficiaries having additional dependent child: general
1: This section applies to a person (the beneficiary parent additional dependent child
a: is receiving sole parent support a supported living payment jobseeker support
b: is already a caregiver, or the principal caregiver, of a dependent child or children.
1A: Subsection (1) does not apply to a person at a time when—
a: there is in force under section 19(1) (Reciprocity Agreements, and New Zealand Artificial Limb Service)
b: he or she is ordinarily resident in that country.
2: An additional dependent child aged 1 or over must not be included in the determination for the purposes of the definitions of part-time work-tested beneficiary work-tested sole parent support beneficiary work-tested spouse or partner section 3(1) section 60Q(1) or for the purposes of section 20D(1)﻿(c)
a: the age of the youngest dependent child of the beneficiary parent concerned; and
b: whether the beneficiary parent concerned has a dependent child or children under 3
3: Subsection (2) may apply to 2 or more additional dependent children of the same beneficiary parent.
3A: In applying subsection (2) to a beneficiary of a kind specified in one of the following paragraphs for the purposes only of section 20D(1)﻿(c) An additional dependent child aged 1 or over An additional dependent child at all times after that child is born
a: a beneficiary transferred to jobseeker support by clause 2(11) Schedule 32
b: a beneficiary whose sole parent support under section 20D section 20H
4: The chief executive may apply this section in relation to any dependent child or children of whom a person who already has any dependent child or children becomes a caregiver, or the principal caregiver, if satisfied that—
a: the person's situation is analogous to that of a person to whom subsection (1) applies; or
b: to do so would best achieve the purpose stated in section 60GAD
5: An example of a situation that is analogous to that of a person to whom section 60GAE(1)
6: Subsection (5) does not limit the generality of subsection (4). Section 60GAE inserted 15 October 2012 section 39 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 60GAE(1)﻿(a) amended 15 July 2013 section 71(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60GAE(1)﻿(a) amended 15 July 2013 section 85(1)﻿(b) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60GAE(1)﻿(a) amended 15 July 2013 section 96(1)﻿(f) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60GAE(1)﻿(a) amended 15 July 2013 section 113(2)﻿(a) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60GAE(1)﻿(a) amended 15 July 2013 section 128(1)﻿(e) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60GAE(1A) inserted 15 July 2013 section 22(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60GAE(1A)﻿(a) amended 5 December 2013 section 15(4)﻿(f) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 60GAE(2) amended 15 July 2013 section 22(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60GAE(2) amended 15 July 2013 section 71(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60GAE(2) amended 15 July 2013 section 71(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60GAE(2)﻿(b) amended 1 April 2016 section 6 Social Security Amendment Act (No 2) 2015 Section 60GAE(3A) inserted 15 July 2013 section 22(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013
60GAF: Chief executive may refrain from applying section 60GAE
The chief executive may refrain (for any period he or she thinks fit) from applying section 60GAE
a: to do so would best achieve the purpose stated in section 60GAD
b: there are circumstances beyond the control of the beneficiary parent concerned making it inappropriate or unreasonable to apply that section. Section 60GAF inserted 15 October 2012 section 39 Social Security (Youth Support and Work Focus) Amendment Act 2012
60GAG: Obligations to work with contracted service providers
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 obligations:
a: when required by the chief executive, to attend and participate in any interview with a contracted service provider specified by the chief executive:
b: when required by the chief executive, to attend and participate in any assessment of the person undertaken on 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 executive in facilitating the provision of the services that the provider has been contracted to provide in relation to the person’s obligations under all or any of the following:
i: section 60Q
ii: section 60RA(3)
iii: conditions (subject to which an emergency benefit is granted or continued) that the chief executive thinks fit to impose, or determines, under section 61(1) or (3)
iv: section 102A
d: when required by the chief executive, to report to a contracted service provider specified by the chief executive on the person's compliance with the person's obligations 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—
a: those obligations; and
b: the consequences of failure to comply with those obligations.
3: A person who fails without a good and sufficient reason to comply with an obligation imposed on the person under subsection (1) is subject to the sanctions under section 117 Section 60GAG inserted 15 July 2013 section 23 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
60GA: Purposes of sections 60H to 60M
Section 60GA repealed 1 October 1998 section 8(1) Social Security (Work Test) Amendment Act 1998
60H: Voluntary unemployment or loss of employment through misconduct, etc
1: In this section, unless the context otherwise requires,— benefit employment
a: in the case of an applicant for a work-tested benefit,—
i: full-time employment; or
ii: part-time employment if the chief executive is satisfied that, for a period of not less than 13 weeks preceding the termination of the employment, the income from that employment was sufficient to maintain the person; or
b: in the case of a part-time work-tested beneficiary, regular part-time work; and
c: in the case of any other work-tested beneficiary, full-time employment scheme chief executive unemployed
2: This section applies to a person who is—
a: a person who is an applicant for a benefit if, on the grant of the benefit, he or she would be a work-tested beneficiary; or
ab: a person who is an applicant for jobseeker support on the ground of sickness, injury, or disability if, on the grant of that benefit, the chief executive would be able to determine, under section 88F(2)
b: a person who is the spouse or partner couple or partner
c: a work-tested beneficiary.
3: This section applies if the chief executive
a: has voluntarily become unemployed without good and sufficient reason; or
b: has been in receipt of payments under a scheme and has voluntarily ceased to be part of that scheme without good and sufficient reason; or
c: has lost his or her employment because of misconduct as an employee; or
d: has ceased to be part of a scheme by reason of any misconduct.
4: If this section applies, the chief executive must cancel the benefit (if granted), and the person is not entitled to the cancelled benefit or a work-tested benefit during the period of 13 weeks commencing on—
a: the date the person's employment ceased; or
b: the date the person's participation in the scheme ceased.
5: Subsection (4) is subject to subsection (6) and to sections 120 121 123 123A 123B
6: If this section applies because of misconduct—
a: the chief executive
b: the chief executive
i: a court, person, or body authorised by law to determine the matter determines the misconduct to be proved; and
ii: the chief executive
7: Any amount that the chief executive is a debt due to the Crown under section 85A(b) section 86(1) Section 60H replaced 1 April 1997 Social Security Amendment Act 1996 Section 60H(1) employment replaced 1 October 1998 section 29(1)﻿(a) Social Security Amendment Act 1998 Section 60H(1) employment replaced 1 July 2001 section 15(6) Social Security Amendment Act 2001 Section 60H(1) rate of the benefit repealed 1 October 1998 section 4(1) Social Security (Work Test) Amendment Act 1998 Section 60H(1) regular repealed 1 October 1998 section 29(1)﻿(b) Social Security Amendment Act 1998 Section 60H(1) scheme amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 60H(2) replaced 1 October 1998 section 29(2) Social Security Amendment Act 1998 Section 60H(2)﻿(ab) replaced 15 July 2013 section 101 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60H(2)﻿(b) amended 15 July 2013 section 64(4) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60H(2)﻿(b) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 60H(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 60H(4) replaced 1 October 1998 section 4(2) Social Security (Work Test) Amendment Act 1998 Section 60H(5) replaced 1 October 1998 section 4(2) Social Security (Work Test) Amendment Act 1998 Section 60H(5) amended 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 60H(6)﻿(a) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 60H(6)﻿(b) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 60H(6)﻿(b)﻿(ii) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 60H(7) amended 7 July 2014 section 16 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 60H(7) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
60HA: Work preparation exercise
Section 60HA repealed 15 July 2013 section 24 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
60HB: Effect of failure to attend or participate in mandatory interview
Section 60HB repealed 1 October 1998 section 8(1) Social Security (Work Test) Amendment Act 1998
60HC: Beneficiaries to be work-tested
Section 60HC repealed 1 October 1998 section 8(1) Social Security (Work Test) Amendment Act 1998
60HCA: General duty of Director-General to ensure that work-tested beneficiaries aware of obligations
Section 60HCA repealed 1 October 1998 section 33(1) Social Security Amendment Act 1998
60HD: Power of Director-General to grant exemption from mandatory interview or work test
Section 60HD repealed 1 October 1998 section 8(1) Social Security (Work Test) Amendment Act 1998
60HE: Persons exempted from mandatory interview or work test to notify change of circumstances
Section 60HE repealed 1 October 1998 section 8(1) Social Security (Work Test) Amendment Act 1998
60HF: Delay of work test obligation for existing beneficiaries
Section 60HF repealed 1 October 1998 section 8(1) Social Security (Work Test) Amendment Act 1998
60I: Effect of redundancy payments, etc, on entitlement to benefits
Section 60I repealed 1 April 1997 Social Security Amendment Act 1996
60J: Failure to comply with work test
Section 60J repealed 1 October 1998 section 8(1) Social Security (Work Test) Amendment Act 1998
60JA: Penalty for failure to attend or participate in mandatory interview or comply with work test
Section 60JA repealed 1 October 1998 section 8(1) Social Security (Work Test) Amendment Act 1998
60JB: Effect of recompliance with mandatory interview or work test
Section 60JB repealed 1 October 1998 section 8(1) Social Security (Work Test) Amendment Act 1998
60JC: Reduction of benefit or non-entitlement period to end if person ceases to be subject to mandatory interview or work-testing
Section 60JC repealed 1 October 1998 section 8(1) Social Security (Work Test) Amendment Act 1998
60K: Effect of undertaking employment
Section 60K repealed 1 October 1998 section 8(1) Social Security (Work Test) Amendment Act 1998
60KA: Effect of participation in approved activities
Section 60KA repealed 1 October 1998 section 8(1) Social Security (Work Test) Amendment Act 1998
60L: Effect of sections 60H to 60J and section 60N on entitlement to supplementary benefits and on spouses
Section 60L repealed 1 October 1998 section 39 Social Security Amendment Act 1998
60M: Community task force scheme
Section 60M repealed 1 October 1998 section 40(1) Social Security Amendment Act 1998
60N: Effect of failure to participate in community task force project
Section 60N repealed 1 April 1997 Social Security Amendment Act 1996
60O: Interpretation
Section 60O repealed 15 October 2012 section 40 Social Security (Youth Support and Work Focus) Amendment Act 2012
60P: Purposes of section 60Q
The purposes of section 60Q
a: to facilitate the movement into ongoing employment (as their parenting responsibilities and individual circumstances allow) of beneficiaries to whom that section applies; and
b: to provide opportunities for them to improve their capabilities and preparation for employment; and
c: to improve social and economic outcomes for them and their dependent children. Section 60P replaced 15 October 2012 section 40 Social Security (Youth Support and Work Focus) Amendment Act 2012
60Q: Certain obligations may be placed on beneficiaries and their spouses and partners
1: This section applies to every person (other than a person who is a work-tested beneficiary or is for the time being exempted under section 105
a: is the recipient of a benefit under section 20D 3
b:
ba: is a sole parent with a dependent child under the age of 1 year, and is a recipient of a benefit under section 88B section 20D section 60GAE(1)
bb: is the recipient of a benefit under section 40B
bc: is the recipient of a benefit under section 40D
c: is the spouse or partner of a person who—
i: is the recipient of an emergency benefit, a supported living payment jobseeker support
ii: has a youngest dependent child aged under 3
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
b: has been granted under section 88I
1B: The chief executive may require a recipient of a benefit under section 40B 40D
2: A person to whom this section applies (other than a person to whom subsection (1)﻿(bb) or (bc) applies)
3: The chief executive may, from time to time, require a person to whom this section applies (including, without limitation, a person to whom subsection (1)﻿(bb) or (bc) applies)
a: to undertake planning for employment:
aa: to attend and participate in an interview (other than one for the purpose specified in subsection (1B)) with an officer of the department or other person on behalf of the chief executive:
ab: to report to the 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 requires:
b: to participate in or undertake (as the case requires) any of the following activities specified by the chief executive that the chief executive considers suitable to improve his or her work-readiness or prospects for employment:
i: a work assessment:
ii: a programme or seminar to increase particular skills or enhance motivation:
iii: a work-experience or work-exploration activity:
iv: employment-related training:
v: an education programme:
vi: any other activity (including rehabilitation) other than medical treatment, voluntary work, or activity in the community. Section 60Q replaced 15 October 2012 section 40 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 60Q(1)﻿(a) amended 1 April 2016 section 7(1) Social Security Amendment Act (No 2) 2015 Section 60Q(1)﻿(a) amended 15 July 2013 section 72(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60Q(1)﻿(b) repealed 15 July 2013 section 72(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60Q(1)﻿(ba) inserted 15 July 2013 section 25(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60Q(1)﻿(bb) inserted 15 July 2013 section 25(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60Q(1)﻿(bc) inserted 15 July 2013 section 25(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60Q(1)﻿(c)﻿(i) amended 15 July 2013 section 96(1)﻿(g) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60Q(1)﻿(c)﻿(i) amended 15 July 2013 section 113(2)﻿(b) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60Q(1)﻿(c)﻿(i) amended 15 July 2013 section 128(1)﻿(f) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60Q(1)﻿(c)﻿(ii) amended 1 April 2016 section 7(2) Social Security Amendment Act (No 2) 2015 Section 60Q(1A) inserted 15 July 2013 section 25(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60Q(1B) inserted 15 July 2013 section 25(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60Q(2) amended 15 July 2013 section 25(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60Q(3) amended 15 July 2013 section 25(4) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60Q(3)﻿(aa) inserted 15 July 2013 section 25(5) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 60Q(3)﻿(ab) inserted 15 July 2013 section 25(5) Social Security (Benefit Categories and Work Focus) Amendment Act 2013
60R: Department to explain obligations to beneficiaries
The chief executive must take reasonable and appropriate steps to make every person who is subject to obligations under section 60Q
a: those obligations; and
b: the consequences of failure to comply with them and (in particular) the sanctions that may be imposed under this Act for failing to comply with them. Section 60R replaced 15 October 2012 section 40 Social Security (Youth Support and Work Focus) Amendment Act 2012
60RA: Social obligations of certain beneficiaries with dependent children
1: This section applies to a person if the person—
a: is a person with 1 or more dependent children; and
b: is the person granted a benefit that is jobseeker support, sole parent support, a supported living payment, or an emergency benefit, or is the spouse or partner of (whether or not receiving all or any of the benefit instead of, or as well as) that person; and
c: is not a young person on whom obligations are placed under section 171(1) or (2)
2: A dependent child (as defined in section 3(1) section 60RC
3: A person to whom this section applies has the following social obligations:
a: to take all reasonable steps to ensure that every dependent child aged 3 years or more but less than 5 years and who is not enrolled at and regularly attending a registered school (as defined in section 2(1)
i: enrolled in a recognised early childhood education programme (as defined in section 60RAB(1)
ii: attending that programme to the minimum extent prescribed, or otherwise in the manner prescribed, for the purposes of this subparagraph by regulations made under section 132
b: to take all reasonable steps to ensure that every dependent child aged 5 years or more but less than 6 years, and who is not a dependent child in respect of whom the person would qualify for an exemption from some or all of the person's work test obligations on the active teaching out of school grounds in section 60RAB(2)
i: enrolled in a recognised early childhood education programme (as defined in section 60RAB(1) section 132
ii: enrolled at a registered school (as defined in section 2(1)
c: to take all reasonable steps to ensure that every dependent child aged 6 years or more but less than 16 years is (except insofar as the child is excepted or exempted from the requirements of sections 20 25
i: enrolled at a registered school (as defined in section 2(1)
ii: regularly attending that registered school; and
d: 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, or a medical practitioner whose scope of practice is or includes general practice); and
e: to take all reasonable steps to ensure that every dependent child under the age of 5 years is up to date with core checks (as defined in section 60RAB(4)
i: the programme that immediately before 15 July 2013 was known as Well Child; or
ii: any similar programme established in its place; and
f: 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
g: when required by the chief executive, to report to the department or to any other person acting on behalf of the chief executive on the person's compliance with the person's social obligations as often as, and in the manner that, the chief executive reasonably requires. Section 60RA inserted 15 July 2013 section 26 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
60RAB: Social obligations: definitions, work test obligations exemption grounds, and regulations
1: Recognised early childhood education programme section 60RA
a: an approved early childhood education programme (as defined for the purposes of section 60RA(3) section 132AC
b: an early childhood education programme approved by the chief executive having regard to all relevant approval criteria (if any) prescribed for the purposes of this paragraph in any general or special directions given to the chief executive in writing by the Minister under section 5
c: a programme of early childhood education provided by a school that is currently designated under section 152(1)
2: The active teaching out of school grounds mentioned in section 60RA(3)﻿(b) section 60RA
a: regulation 6(2)﻿(c)
b: an enactment that, with or without modification, replaces, or that corresponds to, that enactment.
3: Regulations made under section 132 section 60RA(3)﻿(a)﻿(ii) and (b)﻿(i)
a: prescribe, for all or any recognised early childhood programmes, target numbers of hours of attendance:
b: prescribe different minimum numbers of hours of attendance for all or any different recognised early childhood programmes.
4: Core check section 60RA(3)﻿(e)
a: of the child's health and well-being; and
b: done under, and identified in contract or funding arrangements as an essential part of, the programme; and
c: funded, directly or indirectly, through Vote Health. Section 60RAB inserted 15 July 2013 section 26 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
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)
a: the beneficiary's social obligations under section 60RA(3)
b: the consequences of failure to comply with them. Section 60RB inserted 15 July 2013 section 26 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
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 subsections (2) and (3), subject to the sanctions in section 117
2: A beneficiary's failure to comply with the social obligation in section 60RA(3)﻿(c) section 117
a: section 24(1)
b: section 29(1)
3: Before giving the beneficiary a notice under section 113 section 117 section 60RA(3)
4: This subsection applies to a beneficiary on whom sanctions in section 117
5: The chief executive may give a beneficiary to whom subsection (4) applies a notice (to be delivered in accordance with section 86J
6: A beneficiary to whom a notice under subsection (5) has been delivered in accordance with section 86J Section 60RC inserted 15 July 2013 section 26 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
60S: Beneficiary must demonstrate commitment to
Section 60S repealed 15 October 2012 section 40 Social Security (Youth Support and Work Focus) Amendment Act 2012
60T: Department must explain rights and obligations in relation to
Section 60T repealed 15 October 2012 section 40 Social Security (Youth Support and Work Focus) Amendment Act 2012
60U: Failure to comply with
Section 60U repealed 15 October 2012 section 40 Social Security (Youth Support and Work Focus) Amendment Act 2012
60V: Procedure for determining whether failure is without good and sufficient reason
Section 60V repealed 15 October 2012 section 40 Social Security (Youth Support and Work Focus) Amendment Act 2012
60W: Failure without good and sufficient reasons
Section 60W repealed 15 October 2012 section 40 Social Security (Youth Support and Work Focus) Amendment Act 2012
60X: Procedure for imposing sanctions
Section 60X repealed 15 October 2012 section 40 Social Security (Youth Support and Work Focus) Amendment Act 2012
60Y: Sanctions for failure to comply with obligations in relation to
Section 60Y repealed 15 October 2012 section 40 Social Security (Youth Support and Work Focus) Amendment Act 2012
60Z: Effect of compliance or agreement to comply
Section 60Z repealed 15 October 2012 section 40 Social Security (Youth Support and Work Focus) Amendment Act 2012
1G: Emergency benefits
Part 1G heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
61: Chief executive
1: The chief executive in the chief executive's and subject to such conditions as the chief executive this Act
a: that by reason of age, or of physical or mental disability, or of domestic circumstances, or for any other reason, he is unable to earn a sufficient livelihood for himself and his dependants (if any); and
b: that he is not qualified to be granted a main benefit under this Act, New Zealand superannuation, or a veteran's pension provided that the chief executive in the chief executive's a supported living payment , sole parent support, jobseeker support provided also that, where the chief executive a supported living payment , sole parent support, jobseeker support chief executive in the chief executive's a supported living payment sole parent support, jobseeker support chief executive
1A: Where the chief executive is considering granting an emergency benefit on the grounds of hardship under subsection (1), the chief executive must first consider whether to grant jobseeker support section 88C or a youth payment under section 161 section 167
1B:
1C:
1D:
2: The rate of the emergency benefit shall, in each case, be in the discretion of the chief executive chief executive
3: Every emergency benefit shall commence on such date and shall be continued for such period and subject to such conditions chief executive 1938 No 7 s 58 s 21 Section 61 heading amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 61(1) amended 1 July 2001 section 15(3)﻿(a) Social Security Amendment Act 2001 Section 61(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 61(1) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 61(1) amended 23 June 1987 section 2(3)﻿(d) Social Security Amendment Act 1987 Section 61(1) amended 6 September 1971 Social Security Amendment Act 1971 Section 61(1)﻿(b) amended 15 July 2013 section 61(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61(1)﻿(b) amended 1 March 1991 section 17(a) Social Security Amendment Act 1991 Section 61(1) amended 15 July 2013 section 73 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61(1) amended 15 July 2013 section 96(1)﻿(h) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61(1) first proviso amended 15 July 2013 section 113(1)﻿(b) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61(1) first proviso amended 15 July 2013 section 128(1)﻿(g) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61(1) first proviso amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 61(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 61(1) first proviso amended 23 June 1987 section 2(3)﻿(d) Social Security Amendment Act 1987 Section 61(1) amended 15 July 2013 section 73 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61(1) amended 15 July 2013 section 96(1)﻿(h) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61(1) second proviso amended 15 July 2013 section 113(1)﻿(b) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61(1) second proviso amended 15 July 2013 section 128(1)﻿(g) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61(1) second proviso amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 61(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 61(1) second proviso amended 23 June 1987 section 2(3)﻿(d) Social Security Amendment Act 1987 Section 61(1A) inserted 1 October 1998 section 41(2) Social Security Amendment Act 1998 Section 61(1A) amended 15 July 2013 section 102 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61(1A) amended 15 July 2013 section 121 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61(1A) amended 15 July 2013 section 128(1)﻿(h) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61(1A) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 61(1B) repealed 15 July 2013 section 27(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61(1C) repealed 15 July 2013 section 27(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61(1D) repealed 15 July 2013 section 27(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 61(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 61(3) amended 6 September 1971 Social Security Amendment Act 1971
61AA: Social obligations of person granted emergency benefit
A person must comply with the person's social obligations under section 60RA(3)
a: is a person with 1 or more dependent children; and
b: is a person granted a benefit that is an emergency benefit; and
c: is not a young person on whom obligations are placed under section 171(1) or (2) Section 61AA inserted 15 July 2013 section 28 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
61A: Obligations of spouse
or partner
1: This section applies to—
a: the spouse or partner couple
b: a person (being a person who is under the age of 60) granted an emergency benefit under regulations made under section 155
1A: The chief executive may, by notice in writing, require the spouse or partner of a person granted an emergency benefit at a work-test couple
a: part-time work, in the case of a spouse or partner whose youngest dependent child is aged 3 or older but under 14 years
b: full-time employment, in any other case.
2: A person to whom this section applies—
a: must comply with—
i: a requirement under section 60Q
ii: any other obligation arising under any of sections 60Q to 60S
b: if he or she is a work-tested spouse or partner, must comply with the work test.
3: A person must comply with the person's social obligations under section 60RA(3)
a: is a person with 1 or more dependent children; and
b: is the spouse or partner of (whether or not receiving all or any of the benefit instead of, or as well as) a person granted a benefit that is an emergency benefit; and
c: is not a young person on whom obligations are placed under section 171(1) or (2) Section 61A inserted 1 February 1999 section 73 Social Security Amendment Act 1998 Section 61A heading amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 61A(1)﻿(a) amended 15 July 2013 section 64(5) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61A(1)﻿(a) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 61A(1)﻿(b) amended 1 July 2005 section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004 Section 61A(1A) inserted 27 September 2010 section 13 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 61A(1A) amended 15 July 2013 section 64(5) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61A(1A)﻿(a) amended 1 April 2016 section 8 Social Security Amendment Act (No 2) 2015 Section 61A(2) replaced 24 September 2007 section 34 Social Security Amendment Act 2007 Section 61A(3) inserted 15 July 2013 section 29(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013
61B: Special provisions in respect of child supplements
Section 61B repealed 1 October 1986 section 14(1)﻿(b) Social Security Amendment Act 1986
1H: Administration: maintenance proceedings, and maintenance payable to the Crown
Part 1H heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
61C: Special powers of
chief executive In respect of any period in which a benefit is payable, any officer of the department, without special appointment, may, as if he or she were the beneficiary, institute or appear personally or by agent in any proceedings under the Family Proceedings Act 1980 Child Support Act 1991
a: the maintenance of the beneficiary; or
b: the payment of child support for any child of that beneficiary; or
c: the establishment of the paternity of any child of the beneficiary. Section 61C replaced 1 July 1992 Social Security Amendment Act (No 5) 1991 Section 61C heading amended 1 October 1998 section 10(1)﻿(a) Employment Services and Income Support (Integrated Administration) Act 1998
61CA: Maintenance payable to Crown
1: In this section,— beneficiary maintenance section 2 maintenance debt section 27F section 6(1) of the Social Security Amendment Act (No 5) 1991 section 9(2) maintenance order section 2 Family Proceedings Amendment Act 1991
2: In respect of any maintenance debt—
a: the chief executive Family Proceedings Act 1980
b: all money received under the maintenance order shall, without any further authority, be paid into the Crown Bank Account:
c: either the beneficiary or the chief executive Part 7 section 259(1)
3: While any maintenance debt remains payable, the chief executive Family Proceedings Act 1980 chief executive Section 61CA inserted 30 June 1993 section 9(1) Social Security Amendment Act (No 3) 1993 Section 61CA(2)﻿(a) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 61CA(2)﻿(c) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 61CA(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
1I: Epidemics
Part 1I heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
61CB: Payment of benefits during epidemic in New Zealand
1: This subsection applies to any period comprising—
a: the period when a domestic epidemic management notice is in force; and
b: a period after the notice expires that the Minister thinks reasonable in the circumstances.
2: During a period to which subsection (1) applies, the chief executive may, with the written approval of the Minister and within any limits stated in the approval, do any or all of the following:
a: cause benefits to be paid to people who would not otherwise be entitled to be paid benefits because—
i: their benefits are subject to a stand down period; or
ii: their benefits, or payments of their benefits, are suspended:
b: reinstate the benefits of, and for any parts of the period the chief executive thinks fit make payments under them to, people whose benefits—
i: were cancelled or terminated within the 8 weeks before the commencement of the domestic epidemic management notice concerned; or
ii: are cancelled or terminated while the notice is in force:
c: as the case requires, grant benefits to or reinstate the benefits of, and for any parts of the period the chief executive thinks fit make payments under them to, people who—
i: were subject to a non-entitlement period on the commencement of the domestic epidemic management notice concerned; or
ii: become subject to a non-entitlement period while the notice is in force:
d: cause payments under benefits to be made to people at a rate—
i: higher than a lower rate to which they would otherwise be entitled (being a lower rate resulting from 1 or more of the following:
A: a reduction or variation of a rate of benefit:
B: a suspension of a benefit or payments under a benefit:
C: a direct deduction from payments under a benefit:
D: a sanction, penalty, or non-entitlement period, imposed on a spouse or partner); but
ii: not higher than the maximum rate to which they would otherwise be entitled:
e: refrain from exercising a power to cancel, suspend, vary, or terminate benefits or payments under benefits, in circumstances where the holders satisfy the normal criteria for cancellation, suspension, variation, or termination of benefits or payments:
f: refrain from cancelling, suspending, or terminating benefits in circumstances where this Act requires them to be cancelled, suspended, or terminated.
3: A benefit granted or reinstated under paragraph (b) or paragraph (c) of subsection (2) must be treated as having ended when the period concerned expires, unless its holder has or has again become entitled to be granted it.
4: Subsection (2) overrides every provision of this Act to the contrary. Section 61CB inserted 19 December 2006 section 5 Social Security Amendment Act 2006
61CC: Granting of emergency benefits during epidemic in New Zealand
1: While a domestic epidemic management notice is in force, and for any period after it expires that the Minister thinks reasonable in the circumstances, the chief executive may, with the written approval of the Minister, cause emergency benefits to be granted to people who would not otherwise be entitled to be granted emergency benefits.
2: Payments made under a benefit granted under subsection (1) are provisional only; and if the chief executive believes on reasonable grounds that its granting was not appropriate (or that too much was paid under it),—
a: the person granted it is liable to repay the amount paid (or what the chief executive considers to be the amount of the excess); and
b: section 85A(b)
3: Subsection (1) overrides every other provision of this Act. Section 61CC inserted 19 December 2006 section 5 Social Security Amendment Act 2006
61CD: During epidemic benefits may be granted without normal investigations
While a domestic epidemic management notice is in force, and for any period after it expires that the Minister thinks reasonable in the circumstances, a benefit may be granted to a person even if the claim for it has not been investigated, or has not been fully investigated, as required by section 12(1) Section 61CD inserted 19 December 2006 section 5 Social Security Amendment Act 2006
61CE: Overseas epidemics affecting visitors to New Zealand
1: The Minister may, by notice in the Gazette
2: The notice comes into force on its commencement, and expires on the earliest of the following:
a: the day 3 months after its commencement:
b: a day stated in the notice:
c: if the notice does not provide for its expiry, a day stated by the Minister by further notice in the Gazette
3: Before or after the notice expires, the Minister can give a new notice in respect of the same disease.
4: The Minister must not give the notice except on, and after considering, the written recommendation of the chief executive of the Ministry of Health.
5: In subsection (1), quarantinable disease section 2(1) Section 61CE inserted 19 December 2006 section 5 Social Security Amendment Act 2006
61CF: Special assistance for visitors affected by overseas epidemics
1: The Minister may, in respect of any period for which an overseas epidemic management notice is in force, by notice in the Gazette
2: The notice must state—
a: the criteria by which it is to be determined which people are given assistance; and
b: any maximum amounts of assistance to be given; and
c: if different amounts of assistance may be given to different people, the criteria by which it is to be determined how much assistance people are to be given; and
d: for how long assistance may be given; and
e: any conditions subject to which assistance is to be given.
3: The programme, and the matters stated in the notice establishing it, override every other provision of this Act. Section 61CF inserted 19 December 2006 section 5 Social Security Amendment Act 2006
1J: Funeral grants
Part 1J heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
61D: Interpretation
1: In sections 61DB 61DC 61DD assessable estate
a: any asset which the chief executive
b: any administration expenses; or
c: any non-assessable assets, if section 61DB section 61DD child section 2 Births, Deaths, Marriages, and Relationships Registration Act 1995 non-assessable assets or partner
a: that person's estate or interest, on the date of death of the deceased, in his or her own principal place of residence, including any estate or interest in the land on which it is erected, and any other buildings or improvements on that land which are used principally for the purposes of that person's household; and
b: chattels which the person owned or which were in his or her possession pursuant to a hire purchase agreement or conditional sale agreement or an agreement for lease or hire, on the date of death of the deceased, and which are—
i: furniture, appliances, tools, ornaments, or other articles used principally for the purposes of the deceased's household; or
ii: motor vehicles, caravans, trailers, or boats used principally for family purposes; and
c: any undivided beneficial interest in common in Maori land.
2: In sections 61DB 61DD Section 61D replaced 1 August 1991 section 16(1) Social Security Amendment Act (No 2) 1991 Section 61D(1) assessable estate amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 61D(1) child amended 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 61D(1) non-assessable assets amended 26 April 2005 section 3 Social Security Amendment Act 2005
61DA: Restrictions on payment of funeral grants
Funeral grants shall not be payable under section 61DB section 61DC section 61DD
a: clause 64 Accident or subpart 8
b: a payment under section 174
c: a payment under Part 5
d: the deceased person, including a deceased child, was not ordinarily resident in New Zealand on the date of death. Section 61DA replaced 1 August 1991 section 16(1) Social Security Amendment Act (No 2) 1991 Section 61DA(a) replaced 1 April 2002 section 337(1) Accident Compensation Act 2001 Section 61DA(a) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 61DA(a) amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010 Section 61DA(b) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 61DA(c) amended 7 December 2014 section 278 Veterans’ Support Act 2014
61DB: Payment of funeral grants where there is a surviving spouse
or partner If a person, other than a child, dies and the deceased person is survived by—
a: a spouse or partner
b: a child or children whom he or she is liable in law to maintain; or
c: any other dependent child or dependent children (whether dependent on the deceased or any other person) aged 16 years or 17 years of whom the deceased person was the parent— the chief executive chief executive's $2,058.52
d: those funeral expenses cannot be paid from the aggregate of—
i: the deceased's assessable estate before the payment of any other debts; and
ii: the assets of any spouse or partner the amount in clause 2 of Part 1
e: the annual income of any spouse or partner is less than 52 times the appropriate amount in Part 2 Section 61DB replaced 1 August 1991 section 16(1) Social Security Amendment Act (No 2) 1991 Section 61DB heading amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 61DB amended 1 April 2018 clause 4(1) Social Security (Rates of Benefits and Allowances) Order 2018 Section 61DB amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 61DB(a) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 61DB(d)﻿(ii) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 61DB(d)﻿(ii) amended 1 April 2005 section 6(a) Social Security (Working for Families) Amendment Act 2004 Section 61DB(e) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 61DB(e) amended 1 April 2005 section 6(b) Social Security (Working for Families) Amendment Act 2004
61DC: Payment of funeral grants where there is no surviving spouse
or partner If a person, other than a child, dies and section 61DB chief executive chief executive's $2,058.52 Section 61DC replaced 1 August 1991 section 16(1) Social Security Amendment Act (No 2) 1991 Section 61DC heading amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 61DC amended 1 April 2018 clause 4(1) Social Security (Rates of Benefits and Allowances) Order 2018 Section 61DC amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
61DD: Children's funeral grants
If a child dies the chief executive chief executive's $2,058.52
a: those funeral expenses cannot be paid from the aggregate of—
i: the deceased child's assessable estate before the payment of any other debts; and
ii: the combined assets of the parents, or any other person or persons, who were liable in law to maintain the deceased child on the date of death, other than non-assessable assets, in excess of the amount in clause 2 of Part 1
b: the combined annual income of the parents, or any other person or persons, who were liable in law to maintain the deceased child on the date of death is less than 52 times the appropriate amount in Part 2 Section 61DD replaced 1 August 1991 section 16(1) Social Security Amendment Act (No 2) 1991 Section 61DD amended 1 April 2018 clause 4(1) Social Security (Rates of Benefits and Allowances) Order 2018 Section 61DD amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 61DD(a)﻿(ii) amended 1 April 2005 section 7(a) Social Security (Working for Families) Amendment Act 2004 Section 61DD(b) amended 1 April 2005 section 7(b) Social Security (Working for Families) Amendment Act 2004
61DE: Method of making payments
1: Any payment under section 61DB section 61DC section 61DD chief executive's
a: to the spouse or partner
b: to the estate of the deceased; or
c: to any person who has paid the deceased's funeral expenses; or
d: to the appropriate funeral director; or
e: in the case of a deceased child, to the parent or any other person or persons who were liable in law to maintain that child immediately before the date of death.
2: If the quantum of the assets of a deceased person's estate, or the income derived or to be derived by any person whose income is to be tested under section 61DB section 61DD section 61DB section 61DC section 61DD chief executive chief executive's Section 61DE replaced 1 August 1991 section 16(1) Social Security Amendment Act (No 2) 1991 Section 61DE(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 61DE(1)﻿(a) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 61DE(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
61DF: Method of making payments
Section 61DF repealed 1 August 1991 section 16(1) Social Security Amendment Act (No 2) 1991
61DG: Applications for lump sum payments after death
Section 61DG repealed 12 December 1985 Social Security Amendment Act (No 2) 1985
1K: Accommodation supplement
Part 1K heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
61DH: Purpose of accommodation supplement
The purpose of sections 61E to 61EC Schedule 18 Section 61DH inserted 4 June 2004 section 8 Social Security (Working for Families) Amendment Act 2004
61E: Interpretation
1: In this section and sections 61EA 61EB and 61EC Schedule 18 accommodation costs
a: in relation to premises rented by the person, the amount payable by the person for rent of the premises, excluding any service costs included in that rent and any arrears:
aa:
b: in relation to premises that are owned by the person, the total amount of all payments (including essential repairs and maintenance, local authority rates, and house insurance premiums, but excluding any service costs and
i: subject to section 68A
ii: the chief executive
c: in relation to a person who is a boarder or lodger in any premises, 62% provided that, where a person is a joint tenant or owner in common of any premises with another person or other persons living in the premises, that applicant's accommodation costs shall be the share of the total accommodation costs of the premises that the chief executive beneficiary
a: jobseeker support sole parent support, a supported living payment a youth payment, a young parent payment
b: New Zealand superannuation cash assets
a: means—
i: money saved with a bank or other institution, money invested with a bank or other institution, or money banked with a bank or other institution:
ii: money invested in securities, bonds, or debentures, or advanced on mortgage:
iia: money withdrawn from a KiwiSaver scheme registered under subpart 2
iii: money invested in shares in a partnership or limited liability company or other incorporated or unincorporated body; but
ab: does not include any contributions to, or any member's interest in, any KiwiSaver scheme that is registered under subpart 2
b: does not include any specified item or amount of cash assets, or cash assets of a specified kind, that is declared not to be cash assets for the purposes of this Act by regulations made under section 132 deferred payment disposition mortgage security
a: a deferred payment disposition; and, in any such case, the balance of the purchase price required to be paid to the vendor of the premises under any such disposition shall, for the purposes of paragraph (b) of the definition of the term accommodation costs, be treated as money advanced under a mortgage security:
b: money secured over the person's share or shares in any flat owning company within the meaning of Part 7A
c: money payable under and secured by a deferred payment licence under the Land Act 1948 non-beneficiary owner
a: a deferred payment disposition; or
b: a lease, where the occupier is also the lessor as owner or one of the lessors as one of the owners; or
ba: a licence to occupy, where the premises are a residential unit in a retirement village (as those terms are defined in the Retirement Villages Act 2003
c: a licence to occupy under subpart 6
d: a deferred payment licence under the Land Act 1948 and owned premises service costs
a: means the cost as reasonably determined by the chief executive of any services (for example, electricity supply, gas supply, telephone network connection, or broadband Internet connection) provided to or in connection with the premises for consumption or use by the occupants of the premises; but
b: does not include the cost of water supplied to the premises tenant weekly accommodation costs
a: the total amount of a person's accommodation costs for a 12-month period divided by 52; or
b: the amount which, at the time of application or any subsequent review
2: While a person is not entitled to an accommodation supplement under section 80C or partner
a: this section; and
b: sections 61EA 61EC
c: Schedule 18
3: Subsection (2) is subject to section 61EB joint tenants who are married or in a civil union or in a de facto relationship section 80C(1A) Section 61E replaced 1 July 1993 section 10(1) Social Security Amendment Act (No 3) 1993 Section 61E(1) amended 17 November 2000 section 7(1) Housing Restructuring (Income-Related Rents) Amendment Act 2000 Section 61E(1) accommodation costs replaced 24 August 2010 section 14(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 61E(1) accommodation costs repealed 17 November 2000 section 7(1) Housing Restructuring (Income-Related Rents) Amendment Act 2000 Section 61E(1) accommodation costs amended 24 August 2010 section 14(2) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 61E(1) accommodation costs amended 2 October 1994 section 4 Social Security Amendment Act 1994 Section 61E(1) accommodation costs amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 61E(1) accommodation costs amended 1 July 1997 section 2 Social Security Amendment Act 1997 Section 61E(1) accommodation costs amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 61E(1) beneficiary replaced 1 October 1998 section 42 Social Security Amendment Act 1998 Section 61E(1) beneficiary amended 15 July 2013 section 85(4)﻿(a) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61E(1) beneficiary amended 15 July 2013 section 96(1)﻿(i) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61E(1) beneficiary amended 15 July 2013 section 113(1)﻿(c) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61E(1) beneficiary amended 15 July 2013 section 128(1)﻿(i) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61E(1) beneficiary amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 61E(1) beneficiary amended 1 July 2001 section 15(3)﻿(b) Social Security Amendment Act 2001 Section 61E(1) beneficiary replaced 1 April 1994 section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 Section 61E(1) beneficiary amended 15 April 2005 section 4(1) Social Security (Social Assistance) Amendment Act 2005 Section 61E(1) cash assets replaced 26 September 2002 section 12 Social Security (Personal Development and Employment) Amendment Act 2002 Section 61E(1) cash assets replaced 15 April 2005 section 4(2) Social Security (Social Assistance) Amendment Act 2005 Section 61E(1) cash assets inserted 1 December 2006 section 231 KiwiSaver Act 2006 Section 61E(1) cash assets amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 61E(1) cash assets inserted 1 December 2006 section 231 KiwiSaver Act 2006 Section 61E(1) cash assets amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 61E(1) deferred payment disposition replaced 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 Section 61E(1) mortgage security amended 1 July 1994 section 3 Land Transfer Amendment Act 1993 Section 61E(1) owner inserted 1 July 2005 section 4(3) Social Security (Social Assistance) Amendment Act 2005 Section 61E(1) owner amended 12 November 2018 section 250 Land Transfer Act 2017 Section 61E(1) service costs inserted 24 August 2010 section 14(3) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 61E(1) weekly accommodation costs amended 7 July 2010 section 6 Social Security Amendment Act (No 2) 2010 Section 61E(2) inserted 1 April 1997 Social Security Amendment Act 1996 Section 61E(2) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 61E(3) inserted 1 April 1997 Social Security Amendment Act 1996 Section 61E(3) amended 1 April 2007 section 5 Social Security Amendment Act 2005 Section 61E(3) amended 26 April 2005 section 3 Social Security Amendment Act 2005
61EA: Accommodation supplement
1: Subject to the provisions of this Act chief executive chief executive
2: No person is eligible for an accommodation supplement whose accommodation costs include—
a: payments, required to be made under a mortgage security to the Housing Corporation of New Zealand or the Crown in right of the Ministry of Maori Development, that in the chief executive's opinion are required to be made at a concessionary rate; or
b: rent paid in respect of premises (whether owned by the Crown, the company, or any other person) let by or on behalf of the company for occupation by any person as a place of residence; or
c: if the person has been assessed by the agency as being eligible to be allocated social housing, rent paid in respect of premises owned by a registered community housing provider or let by or on behalf of the provider for occupation by any person as a place of residence.
2A: In subsection (2), agency company registered community housing provider section 2
3: Notwithstanding anything to the contrary in this Act, a beneficiary being paid New Zealand superannuation or a veteran's pension unless or partner is less than the appropriate amount in Part 2
4: No person shall be granted an accommodation supplement if that person—
a: is receiving a basic grant or an independent circumstances grant under the Student Allowances Regulations 1998
ab: would be eligible to receive a basic grant or an independent circumstances grant under the Student Allowances Regulations 1998
b: would be eligible to receive a basic grant or an independent circumstances grant under the Student Allowances Regulations 1998 or spouse or partner, were the person to apply for the grant
c: is a resident assessed as requiring care (as defined in section 136 section 141 section 142
d: is the spouse or partner section 61EB ; or
e: has a psychiatric, intellectual, physical, or sensory disability, and—
i: his or her accommodation costs are wholly or partly funded under the New Zealand Public Health and Disability Act 2000
ii: his or her care (other than care in his or her own home) is funded wholly or partly under the New Zealand Public Health and Disability Act 2000 Section 61EA inserted 1 July 1993 section 10(1) Social Security Amendment Act (No 3) 1993 Section 61EA(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 61EA(1) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 61EA(2) replaced 17 November 2000 section 7(1) Housing Restructuring (Income-Related Rents) Amendment Act 2000 Section 61EA(2)﻿(c) inserted 14 April 2014 section 25 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 61EA(2A) replaced 14 April 2014 section 25 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 61EA(3) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 61EA(3) amended 15 April 2005 section 5 Social Security (Social Assistance) Amendment Act 2005 Section 61EA(3) amended 1 April 2005 section 9(a) Social Security (Working for Families) Amendment Act 2004 Section 61EA(3) amended 1 April 2005 section 9(b) Social Security (Working for Families) Amendment Act 2004 Section 61EA(3) amended 1 April 1994 section 2(1) Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 Section 61EA(4)﻿(a) amended regulation 49 Student Allowances Regulations 1998 Section 61EA(4)﻿(ab) inserted 10 April 2015 section 4(1) Social Security Amendment Act 2015 Section 61EA(4)﻿(b) amended 10 April 2015 section 4(2) Social Security Amendment Act 2015 Section 61EA(4)﻿(b) amended regulation 49 Student Allowances Regulations 1998 Section 61EA(4)﻿(c) replaced 1 July 2005 section 4(1) Social Security (Long-term Residential Care) Amendment Act 2004 Section 61EA(4)﻿(d) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 61EA(4)﻿(d) amended 17 September 1997 section 14(1)﻿(a) Social Security Amendment Act (No 4) 1997 Section 61EA(4)﻿(e) inserted 17 September 1997 section 14(1)﻿(b) Social Security Amendment Act (No 4) 1997 Section 61EA(4)﻿(e)﻿(i) replaced 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 61EA(4)﻿(e)﻿(ii) replaced 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000
61EB: Special rules for joint tenants who are married, in civil union, or de facto relationship
1: The rules in subsection (3) apply if—
a: premises are occupied by 2 or more joint tenants; and
b: the joint tenants include 1 or more couples who are married or in a civil union or in a de facto relationship.
2: The rules in subsection (3) do not apply to the application of the proviso to the definition of accommodation costs in section 61E
3: The rules are—
a: each couple that is married or in a civil union or in a de facto relationship is treated as 1 joint tenant; and
b: the accommodation costs of that 1 joint tenant are the total of the accommodation costs of each of the parties to the marriage or civil union or de facto relationship; and
c: the cash assets and income of that 1 joint tenant are the total of the cash assets and income respectively of each of the parties to the marriage or civil union or de facto relationship. Section 61EB replaced 1 April 2007 section 5 Social Security Amendment Act 2005
61EC: Rates of accommodation supplement
1: The rate of accommodation supplement granted under section 61EA Schedule 18
2: For the purposes of Schedule 18
a: every $100 of cash assets over $5,400 held by—
i: a person who is married or in a civil union or in a de facto relationship
ii: a single person who has a dependent child or children; and
b: every $100 of cash assets over $2,700 held by any other person— shall be deemed to be $1 a week of income.
3: Notwithstanding anything to the contrary in this Act, an accommodation supplement shall not be paid to any person who has cash assets exceeding—
a: $16,200 in the case of—
i: a person who is married or in a civil union or in a de facto relationship
ii: a single person who has a dependent child or children:
b: $8,100 in any other case.
3A: If, on or after the date this subsection comes into force, a person receives an impairment lump sum under Schedule 1 Accident Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998
4: Notwithstanding the provisions of this section or of section 61EA chief executive or partner
a: refuse to grant an accommodation supplement; or
b: reduce the rate of any accommodation supplement already granted; or
c: terminate any accommodation supplement already granted.
4A: For the period of 12 months referred to in subsection (3A), subsection (4) does not apply to any lump sum payment referred to in subsection (3A) received by the applicant or the applicant's spouse or partner
5: For the purposes of this section and Schedule 18 person who is married or in a civil union or in a de facto relationship or partner section 61EA(4)﻿(c) Section 61EC inserted 1 July 1993 section 10(1) Social Security Amendment Act (No 3) 1993 Section 61EC(2)﻿(a) replaced 26 April 2005 section 3 Social Security Amendment Act 2005 Section 61EC(2)﻿(a)﻿(i) amended 1 April 2007 section 5 Social Security Amendment Act 2005 Section 61EC(3)﻿(a) replaced 26 April 2005 section 3 Social Security Amendment Act 2005 Section 61EC(3)﻿(a)﻿(i) amended 1 April 2007 section 5 Social Security Amendment Act 2005 Section 61EC(3A) inserted 1 April 2002 section 337(1) Accident Compensation Act 2001 Section 61EC(3A) amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010 Section 61EC(4) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 61EC(4) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 61EC(4A) inserted 1 April 2002 section 337(1) Accident Compensation Act 2001 Section 61EC(4A) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 61EC(5) replaced 3 June 1998 section 4 Social Security Amendment Act (No 2) 1998 Section 61EC(5) amended 1 April 2007 section 5 Social Security Amendment Act 2005 Section 61EC(5) amended 26 April 2005 section 3 Social Security Amendment Act 2005
61F: Rates of accommodation benefit
Section 61F repealed 1 July 1993 section 10(1) Social Security Amendment Act (No 3) 1993
61FA: Rent rebate entitlement
Section 61FA repealed 17 November 2000 section 7(2) Housing Restructuring (Income-Related Rents) Amendment Act 2000
61FB: Rate of rebate
Section 61FB repealed 17 November 2000 section 7(2) Housing Restructuring (Income-Related Rents) Amendment Act 2000
61FC: Tenure protection allowance
Section 61FC repealed 17 November 2000 section 7(2) Housing Restructuring (Income-Related Rents) Amendment Act 2000
61FD: Rate of tenure protection allowance
Section 61FD repealed 17 November 2000 section 7(2) Housing Restructuring (Income-Related Rents) Amendment Act 2000
1KA: Winter energy payment
Part 1KA inserted 1 July 2018 section 61 Families Package (Income Tax and Benefits) Act 2017
61FE: Winter energy payment: purpose
The purpose of the winter energy payment is to provide targeted financial assistance to help certain people meet their household heating costs during the winter period. Section 61FE inserted 1 July 2018 section 61 Families Package (Income Tax and Benefits) Act 2017
61FF: Winter energy payment: interpretation
In this Part and Schedule 18A qualifying benefit
a: a main benefit under this Act; or
b: New Zealand superannuation; or
c: veteran’s pension relevant payment date winter period Section 61FF inserted 1 July 2018 section 61 Families Package (Income Tax and Benefits) Act 2017
61FG: Winter energy payment: eligibility requirements
1: A person is entitled to a winter energy payment for 1 or more days during the winter period if, for those days,—
a: the person is receiving a qualifying benefit (or a portion of it), either as the person granted that benefit or as the spouse or partner of that person; and
b: the qualifying benefit (or a portion of it) is payable to the person; and
c: the person is not disqualified under subsection (2).
2: However, the person is not entitled to a winter energy payment for 1 or more days during the winter period if, for those days,—
a: the qualifying benefit is payable at a rate prescribed in respect of a person who is married or in a civil union or in a de facto relationship, and the chief executive has determined under subsection (3) that the person’s spouse or partner is entitled to a winter energy payment; or
b: the rate of the person’s qualifying benefit is required by section 75(3) section 81(1)
c: the person is receiving long-term residential care in a hospital or rest home, and that care is funded, in whole or in part, under the New Zealand Public Health and Disability Act 2000
d: the person is receiving residential care services, and those services are funded, in whole or in part, under the New Zealand Public Health and Disability Act 2000
e: the person has made, and not revoked, an election not to receive the payment ( see section 61FH
3: If the qualifying benefit is payable at a rate prescribed in respect of a person who is married or in a civil union or in a de facto relationship, the chief executive must determine which 1 of the spouses or partners is (as only 1 of them can be) entitled to a winter energy payment. Section 61FG inserted 1 July 2018 section 61 Families Package (Income Tax and Benefits) Act 2017
61FH: Winter energy payment: election not to receive
1: A person entitled to a winter energy payment may make an election not to receive the payment.
2: If the payment would be payable at a rate prescribed in respect of a person who is married or in a civil union or in a de facto relationship, the chief executive must be satisfied that the election has been made by both spouses or partners.
3: The election must be made, and may be revoked, in a form and manner approved by the chief executive.
4: Unless it is revoked, the election stops the person from being entitled to the payment for any days after the election is made. Section 61FH inserted 1 July 2018 section 61 Families Package (Income Tax and Benefits) Act 2017
61FI: Winter energy payment: instalments, rates, and payment
1: A winter energy payment is payable,—
a: if the person’s qualifying benefit is a main benefit under this Act, in 22 weekly instalments; or
b: if the person’s qualifying benefit is New Zealand superannuation or a veteran’s pension, in 11 fortnightly instalments.
2: The amount of an instalment is ascertained by dividing the appropriate rate per winter period set out in Schedule 18A
a: for recipients of a main benefit under this Act, by 22; or
b: for recipients of New Zealand superannuation or a veteran’s pension, by 11.
3: However, the amount ascertained under subsection (2) must be rounded up to the nearest whole cent, and then reduced to reflect any 1 or more days of the week or fortnight covered by the instalment that are days for which—
a: the person is not entitled to the payment; or
b: the payment is not payable (for example, under section 61FJ
4: An instalment must be paid on the relevant payment date.
5: The winter energy payment must not be paid in advance.
6: This section overrides sections 11D 80 82(1), (2), and (6) Section 61FI inserted 1 July 2018 section 61 Families Package (Income Tax and Benefits) Act 2017
61FJ: Winter energy payment: effect of absence of beneficiary from New Zealand
1: The winter energy payment is not payable for 1 or more days while a beneficiary is absent from New Zealand unless it is so payable under subsection (2).
2: The winter energy payment is payable to a beneficiary for 1 or more days during any 1 or more absences of the beneficiary from New Zealand so long as each such absence is equal to or shorter than 4 weeks during the winter period and—
a: the payment would, but for those 1 or more absences, be payable to the beneficiary; and
b: the chief executive is satisfied that the 1 or more absences do not affect the beneficiary’s eligibility for the payment under section 61FG
3: Section 77 Section 61FJ inserted 1 July 2018 section 61 Families Package (Income Tax and Benefits) Act 2017
1L: Temporary additional support
Part 1L heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
61G: Temporary additional support
1: The purpose of temporary additional support is to provide temporary financial assistance within the prescribed limits as a last resort to alleviate the financial hardship of people whose essential costs cannot be met from their chargeable income and other resources, while ensuring that people seeking or granted that assistance take reasonable steps to reduce their costs or increase their chargeable incomes.
2: An applicant is eligible for temporary additional support if—
a: his or her chargeable income is less than his or her essential costs; and
b: he or she has cash assets of not more than the prescribed amount; and
c: he or she meets any prescribed criteria and any other requirements set out in regulations made under section 132AB
3: Temporary additional support granted to an applicant in accordance with this section and regulations made under section 132AB
a: in the prescribed amount; and
b: for the prescribed period.
4: Despite subsection (2), temporary additional support must not be granted in respect of the costs of residential care services supplied to a person who has a psychiatric, intellectual, physical, or sensory disability if—
a: the person's accommodation costs (as that term is defined in section 61E(1) New Zealand Public Health and Disability Act 2000
b: the person's care (other than care in his or her own home) is wholly or partly funded under the New Zealand Public Health and Disability Act 2000
5: Subsection (6) applies in respect of an applicant for temporary additional support if the chief executive is satisfied, at any time after that applicant has applied for temporary additional support or while he or she is receiving that support, that—
a: the applicant or the applicant's spouse has arranged, or rearranged, his or her financial affairs in order to qualify for temporary additional support; or
b: the applicant or the applicant's spouse has failed to take reasonable steps to reduce his or her costs or increase his or her chargeable income; or
c: the applicant or the applicant's spouse has failed to take all necessary steps to obtain any assistance towards his or her essential costs from any other source from which he or she may be entitled to assistance.
6: If this subsection applies, the chief executive may—
a: refuse to grant temporary additional support; or
b: grant temporary additional support at a reduced rate; or
c: reduce the rate of temporary additional support already granted; or
d: terminate any temporary additional support already granted.
7: In this section and section 132AB allowable costs section 132AB applicant cash assets section 132AB chargeable income section 132AB essential costs standard costs section 132AB(1)﻿(b) tax credit subparts MA to MG MZ subpart KD subpart KD of the Income Tax Act 1994 Section 61G replaced 1 April 2006 section 10 Social Security (Working for Families) Amendment Act 2004 Section 61G(7) tax credit amended 1 July 2018 section 43 Families Package (Income Tax and Benefits) Act 2017 Section 61G(7) tax credit amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
1M: Childcare assistance
Part 1M heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
61GA: Childcare assistance
1: The purpose of childcare assistance is to provide targeted financial assistance to help certain people meet the costs of childcare.
2: The principal caregiver of a dependent child is eligible for financial assistance ( childcare assistance section 132AC
3: Childcare assistance granted to an applicant, in accordance with this section and regulations made under section 132AC
a: in the prescribed amount; and
b: for the prescribed period. Section 61GA inserted 4 October 2004 section 11(1) Social Security (Working for Families) Amendment Act 2004
1N: Administration: rates of benefits, and other provisions on monetary benefits
Part 1N heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Alteration of rates of benefits Heading inserted 16 December 1983 section 10 Social Security Amendment Act 1983
61H: Rates of benefits, etc, may be increased by Order in Council
1: The Governor-General may from time to time, by Order in Council,—
a: amend sections 61DB 61DC 61DD 61EC 125
aa: amend section 69C(1)﻿(c)
b: amend the definitions, in section 3(1) and Income Test 4
c:
ca: amend Schedule 1 New Zealand Superannuation and Retirement Income Act 2001
d: amend Schedules 3 3A 16 31 Schedules 4 6 9 18 18A 19 22 23 26 27 28 by increasing the amount of any benefit, allowance, lump sum payment, subsidy rate, maximum amount of any component, income limit,
1A: An Order in Council made under subsection (1) may not increase the period of a benefit stand down for a given income.
2: Every Order in Council made under subsection (1) shall state the date from which it is to have effect (which may be a date before the date on which it was made) and shall apply to benefits, allowances, lump sum payments, subsidy rates, maximum amounts of supplements, benefit stand down income test,
3:
4:
5: Every Order in Council made under this section shall have the force of law as if it was enacted by this Act.
6:
7: In this section, subsidy rate Part 2 Section 61H replaced 19 March 1990 Social Security Amendment Act 1990 Section 61H(1) replaced 1 April 1997 Social Security Amendment Act 1996 Section 61H(1) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 61H(1) amended 4 June 2004 section 12(b) Social Security (Working for Families) Amendment Act 2004 Section 61H(1) amended 17 November 2000 section 7(1) Housing Restructuring (Income-Related Rents) Amendment Act 2000 Section 61H(1) amended 1 July 1997 section 3(1) Social Security Amendment Act 1997 Section 61H(1)﻿(aa) inserted 1 April 2001 section 11 Social Security Amendment Act 2001 Section 61H(1)﻿(b) amended 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 61H(1)﻿(c) repealed 5 December 2013 section 15(8) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 61H(1)﻿(ca) inserted 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 61H(1)﻿(ca) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 61H(1)﻿(d) replaced 1 February 1999 section 74 Social Security Amendment Act 1998 Section 61H(1)﻿(d) amended 1 July 2018 section 62 Families Package (Income Tax and Benefits) Act 2017 Section 61H(1)﻿(d) amended 15 July 2013 section 81(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61H(1)﻿(d) amended 15 July 2013 section 95(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61H(1)﻿(d) amended 4 June 2004 section 12(a) Social Security (Working for Families) Amendment Act 2004 Section 61H(1A) inserted 1 April 1997 Social Security Amendment Act 1996 Section 61H(2) amended 17 November 2000 section 7(1) Section 61H(2) amended 1 July 1997 section 3(2) Social Security Amendment Act 1997 Section 61H(2) amended 1 April 1997 Social Security Amendment Act 1996 Section 61H(2) amended 1 July 1993 section 12(4) Social Security Amendment Act (No 3) 1993 Section 61H(3) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 61H(4) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 61H(6) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 61H(7) inserted 1 July 1997 section 3(3) Social Security Amendment Act 1997
61HA: Annual CPI adjustment of rates of certain benefits
1: In this section, CPI
2: The rates of benefits set out in Schedules 3 3A 4 6 9 16 26 (other than any rate of incentive payment) clause 1 of Schedule 22
2A:
3: The adjustments (by any percentage movement upwards in the CPI) required under subsection (2) as at 1 April in any year from 2011 to 2021
a: if, and insofar as, they relate to movements during quarters that end before 29 April 2010, using index numbers for those quarters of the consumers price index-all groups published by Statistics New Zealand; and
b: if, and insofar as, they relate to movements during quarters that end after 28 April 2010, using index numbers for those quarters of the consumers price index-all groups excluding cigarettes and other tobacco products published by Statistics New Zealand.
4: An adjustment under subsection (2) must not reduce the weekly amounts of benefits payable under those schedules.
5: Every Order in Council made under subsection (2) comes into force or is considered to come into force on 1 April of the calendar year in which it is made, and applies to benefits payable on and after that date.
6: Section 61H(2) and (5)
7: 2016-04-30 Social Security Act 1964 Sections 61HA(2A) and (7) repealed; see subs (7) Section 61HA inserted 27 September 2010 section 15 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 61HA(2) amended 15 July 2013 section 81(4) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61HA(2) amended 15 July 2013 section 95(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 61HA(2) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 61HA(2A) repealed 30 April 2016 Section 61HA(3) amended 31 May 2016 section 10 Customs and Excise (Tobacco Products—Budget Measures) Amendment Act 2016 Section 61HA(3) amended 24 October 2012 section 3 Social Security (Indexation—Budget Measures) Amendment Act 2012 Section 61HA(6) amended 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 61HA(7) repealed 30 April 2016
61I: Regulations defining accommodation supplement areas
1: The Governor-General may, by Order in Council, make regulations that, for the purposes of Part 1K Schedule 18 see section 3(1) section 61IA
2: Section 61H(2) and (5) Section 61I replaced 1 April 2018 section 77 Families Package (Income Tax and Benefits) Act 2017
61IA: Orders are confirmable instruments
1: This section applies to an Order in Council made under section 61H 61HA(2) 61I(1) clause 3(6)
2: The explanatory note of the Order in Council must indicate that—
a: it is a confirmable instrument, and an annual confirmable instrument, under section 47B
b: it is revoked, or taken to have been invalid for past operation, at a time stated in the note, unless earlier confirmed by an Act of Parliament; and
c: the stated time is the applicable deadline under section 47C(1)﻿(a) or (b) Section 61IA inserted 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Miscellaneous provisions as to monetary benefits
62: Grant
Where any applicant for a benefit chief executive in the chief executive's sections 61D 61DA to 61DF 1940 No 5 s 7 Section 62 heading amended 7 July 2010 section 7(1) Social Security Amendment Act (No 2) 2010 Section 62 amended 7 July 2010 section 7(2) Social Security Amendment Act (No 2) 2010 Section 62 amended 7 July 2010 section 7(3) Social Security Amendment Act (No 2) 2010 Section 62 amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 62 amended 23 June 1987 section 2(3)﻿(d) Social Security Amendment Act 1987 Section 62 amended 12 December 1985 Social Security Amendment Act (No 2) 1985
63: Conjugal status for benefit purposes
For the purposes of determining any application for any benefit, or of reviewing any benefit already granted, or of determining the rate of any benefit, or of the granting of any payment of a funeral grant under section 61DB section 124(1)﻿(d) or of assessing the financial means of any person under section 69FA or Part 4 (and with every determination under this section also applying for every debt-recovery or offence provision in or under this Act), but subject to section 151 chief executive in the chief executive's
a: regard as single any applicant or beneficiary who is married or in a civil union but is living apart from his or her spouse or partner:
b: regard as married any 2 people or in a civil union and may determine a date on which they shall be regarded as having commenced to live apart or a date on which they shall be regarded as having entered into such a relationship, as the case may be, and may then in the chief executive's Section 63 replaced 11 October 1978 section 17(1) Social Security Amendment Act 1978 Section 63 amended 7 July 2014 section 6 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 63 amended 1 July 2005 section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004 Section 63 amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 63 amended 17 September 1997 section 16 Social Security Amendment Act (No 4) 1997 Section 63 amended 1 August 1991 section 17 Social Security Amendment Act (No 2) 1991 Section 63 amended 23 June 1987 section 2(3)﻿(d) Social Security Amendment Act 1987 Section 63(a) replaced 26 April 2005 section 3 Social Security Amendment Act 2005 Section 63(b) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 63(b) amended 26 April 2005 section 3 Social Security Amendment Act 2005
63A: Provisions relating to children who continue education
Where a child aged 18 years or over is not financially independent and is attending school or a tertiary educational establishment, the chief executive chief executive Section 63A inserted 1 April 1991 section 23 Social Security Amendment Act 1991 Section 63A amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
64: Mode of ascertaining
1: Where in relation to the rate of any benefit reference is made in this Act or in Part 6 or in the New Zealand Superannuation and Retirement Income Act 2001
2: Except as provided in subsection (3), the estimated annual income for the period of 52 weeks specified in subsection (1) chief executive
2A: Where, in relation to the rate of any benefit or additional benefit, reference is made in this Act or in Part 6 or in the New Zealand Superannuation and Retirement Income Act 2001 a person person's the appropriate number of weeks specified in regulations made under this Act
2B: For the purposes of determining a person's weekly income under subsection (2A), the chief executive may determine the period or periods to which any income relates, having regard to—
a: the extent to which it was earned in that period or those periods; or
b: the extent to which any other entitlement to it arose in, or in respect of, that period or those periods; or
c: the period or periods for which it was otherwise received, acquired, paid, provided, or supplied.
3: From the income computed in accordance with subsection (2) or subsection (2A) chief executive chief executive 1938 No 7 s 61 1958 No 46 s 26(1) 1960 No 13 s 16(1) Section 64 heading amended 26 September 2002 section 13(1) Social Security (Personal Development and Employment) Amendment Act 2002 Section 64(1) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 64(1) amended 5 December 2013 section 15(6)﻿(b) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 64(1) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 64(1) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 64(1) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 64(1) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 64(1) amended 1 April 1994 section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 Section 64(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 64(2) amended 11 October 1978 section 18(1) Social Security Amendment Act 1978 Section 64(2A) inserted 11 October 1978 section 18(2) Social Security Amendment Act 1978 Section 64(2A) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 64(2A) amended 5 December 2013 section 15(6)﻿(b) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 64(2A) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 64(2A) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 64(2A) amended 26 September 2002 section 13(2)﻿(a) Social Security (Personal Development and Employment) Amendment Act 2002 Section 64(2A) amended 26 September 2002 section 13(2)﻿(b) Social Security (Personal Development and Employment) Amendment Act 2002 Section 64(2A) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 64(2A) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 64(2A) amended 1 July 1996 Social Security Amendment Act 1996 Section 64(2A) amended 1 April 1994 section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 Section 64(2B) inserted 26 October 2002 section 13(3) Social Security (Personal Development and Employment) Amendment Act 2002 Section 64(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 64(3) amended 11 October 1978 section 18(3) Social Security Amendment Act 1978
65: Adjustment of anomalies due to receipt of income subject to income tax
Section 65 repealed 9 June 1971 Social Security Amendment Act 1971
66: Exemption of income from friendly or like society
1: Notwithstanding anything to the contrary in this Act New Zealand superannuation sole parent support, a supported living payment jobseeker support on the ground of sickness, injury, or disability or the partner chief executive this Act Schedule 10
2: If any question arises as to whether any income received or receivable is of a like nature to a sick benefit payable by a friendly society, it shall be determined by the chief executive 1961 No 6 s 6(1), (2) Section 66(1) amended 15 July 2013 section 85(4)﻿(b) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 66(1) amended 15 July 2013 section 96(1)﻿(j) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 66(1) amended 15 July 2013 section 103 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 66(1) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 66(1) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 66(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 66(1) amended 1 October 1998 section 43 Social Security Amendment Act 1998 Section 66(1) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 66(1) amended 1 April 1994 section 2(1) Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 Section 66(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
66A: Special exemption for severe disablement
For the purposes of computing any benefit payable, chief executive in the chief executive's Section 66A inserted 20 October 1972 section 22 Social Security Amendment Act 1972 Section 66A amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 66A amended 1 April 1994 section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 Section 66A amended 23 June 1987 section 2(3)﻿(d) Social Security Amendment Act 1987
66B: Redundancy and retirement payments not to be taken into account in determining rates of benefits
In computing the income of any person for the purpose of determining the rate of any benefit section 80B(3) accommodation supplement section 61F(1A) section 61FB Section 66B replaced 1 January 1994 Social Security Amendment Act 1993 Section 66B amended 1 April 1994 section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993
67: Exemption of income from domestic or nursing service
Section 67 repealed 29 September 1969 Social Security Amendment Act 1969
68: Exemption of income from former home property
Notwithstanding anything to the contrary in this Act chief executive in the chief executive's
a: any rent payable by him in respect of the tenancy of another home:
b: any interest payable by him or unpaid purchase money owing by him in respect of the purchase of another home:
c: any interest payable by him on money advanced to him for the purchase of another home:
d: any money payable by him in respect of his board, lodging, or maintenance, whether in a private home or in any public or private institution. 1961 No 6 s 7 Section 68 amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 68 amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 68 amended 1 April 1994 section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 Section 68 amended 23 June 1987 section 2(3)﻿(d) Social Security Amendment Act 1987
68A: Special provisions applying to insurance payments
1: Where a debt insurance payment in relation to a mortgage security is made to a person or to some other person on his or her behalf or for his or her benefit, for the purposes of section 61E
2: Where a debt insurance payment or a health or disability insurance payment is made to a person or to some other person on behalf of or for the benefit of the person or a member of his or her family, for the purposes of section 61G section 23 chief executive
3: Where a health or disability insurance payment is made to a person or to some other person on behalf of or for the benefit of the person or a member of his or her family, for the purposes of section 69C disability the hospitalisation of his or her spouse or partner chief executive
4: Where a debt insurance payment or a health or disability insurance payment is made to a person or to some other person on behalf of or for the benefit of the person or a member of his or her family, for the purposes of any welfare programme approved by the Minister section 124(1)﻿(d) chief executive
5: Where an applicant for—
a: a benefit is, or may be, entitled or eligible to receive, or receive the benefit of, an income-related insurance payment; or
b: a benefit of a kind referred to in any of sections 61EA 61G 69C 124(1)﻿(d) the chief executive chief executive chief executive is a debt due to the Crown under section 85A(b) and (e) section 86(1)
6: Where a person has been granted—
a: a benefit, or granted a benefit at a rate, that does not take into account any income-related insurance payment; or
b: a benefit of a kind referred to in any of sections 61EA 61G 69C 124(1)﻿(d) or a special benefit that continues under section 23 being a payment made to the person or to some other person on behalf of or for the benefit of the person or a member of his or her family and that relates to a contingency that occurred before or during the period in which the benefit is payable, the chief executive chief executive
7: For the purposes of this Act, the amount of any income-related insurance payment or any debt insurance payment or any health or disability insurance payment shall, to the extent the chief executive
8: For the purposes of this section,— benefit section 124(1)﻿(d) debt insurance payment
a: for the purpose of enabling the person to make payments that he or she is liable to make on account of any debt or liability; and
b: that is not for any reason treated as being the income of the person under this Act. Section 68A inserted 2 October 1994 section 6 Social Security Amendment Act 1994 Section 68A(2) amended 1 April 2006 section 21 Social Security (Working for Families) Amendment Act 2004 Section 68A(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 68A(3) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 68A(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 68A(3) amended 17 September 1997 section 17(1) Social Security Amendment Act (No 4) 1997 Section 68A(4) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 68A(5) amended 7 July 2014 section 17 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 68A(5) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 68A(6) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 68A(6)﻿(b) amended 1 April 2006 section 21 Social Security (Working for Families) Amendment Act 2004 Section 68A(7) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 68A(8) replaced 17 September 1997 section 17(2) Social Security Amendment Act (No 4) 1997
69: Power to increase rates of benefits payable to parents of deceased members of the forces or mercantile marine
1: Notwithstanding anything to the contrary in this Act chief executive in the chief executive's Schedule 12 chief executive
a: a deceased member of any of Her Majesty's forces established in New Zealand whose death was attributable to his service as a member of any such force:
b: a deceased member of the New Zealand mercantile marine whose death was directly attributable to the Second World War:
c: a deceased member of any forces established in any Commonwealth country (other than New Zealand) who was domiciled in New Zealand at the commencement of any war in which Her Majesty's forces established in New Zealand were engaged and whose death was attributable to his service as a member of those first-mentioned forces:
d: a deceased member of the mercantile marine of any Commonwealth country (other than New Zealand) who was domiciled in New Zealand at the commencement of the Second World War and whose death was directly attributable to that war.
2: For the purposes of this section, a beneficiary shall be deemed to have been one of the parents of any such deceased member if he was at the death of the member a parent or step-parent or adoptive parent of the member, or if in any other case the member was maintained by the beneficiary or by the spouse or partner chief executive 1949 No 38 s 21 Section 69(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69(1) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 69(1) amended 23 June 1987 section 2(3)﻿(d) Social Security Amendment Act 1987 Section 69(2) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 69(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
69A: Telephone-service-rental allowance
Section 69A repealed 1 April 1991 section 24(1) Social Security Amendment Act 1991
69B: Television-licence-fee concessions
Section 69B repealed 1 October 1982 section 10(1) Social Security Amendment Act 1982
1O: Disability provisions
Part 1O heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
69C: Disability allowance
1: The chief executive in the chief executive's Schedule 19
a: any person who is in receipt of a supported living payment , sole parent support, jobseeker support a youth payment, or a young parent payment , section 61
b:
c: any person whose income, including the income of the person's spouse or partner and any New Zealand superannuation or veteran's pension payable to the person or the person's spouse or partner is less than the appropriate amount in Part 3
d: the dependent spouse or partner
1A: Subsection (1) is subject to subsections (2) to (4) and (7A) to (7E) section 132AD
2: A disability allowance is not payable to or on account of any such person unless the chief executive
a: is likely to continue for not less than 6 months; and
b: has resulted in a reduction of the person's independent function to the extent that the person requires—
i: ongoing support to undertake the normal functions of life; or
ii: ongoing supervision or treatment by a health practitioner.
2A: A disability allowance is not payable to or on account of any person except to the extent that—
a: the person has additional expenses of an ongoing kind arising from the person's disability (subject to section 68A
b: the assistance towards those expenses available under this Act or any other enactment is insufficient to meet them.
2B: A disability allowance is not payable under this section in respect of—
a: expenses arising from the disability of a person who is a resident assessed as requiring care (as defined in section 136 section 141 section 142
b: expenses arising from the disability of a person that are costs of residential care services supplied to the person if—
i: the person has a psychiatric, intellectual, physical, or sensory disability; and
ii: the person's accommodation costs (as defined in section 61E New Zealand Public Health and Disability Act 2000
2C: For the avoidance of doubt, nothing in paragraph (b) of subsection (2B) prevents the payment of a disability allowance to a person to whom that paragraph applies for expenses that are not costs of residential care services supplied to that person.
3: Before a disability allowance is granted under this section, the chief executive spouse or partner chief executive
4: Despite anything to the contrary in this section, the chief executive may, in the chief executive's discretion, refuse to grant a disability allowance or may terminate a disability allowance already granted or may grant a disability allowance at a reduced rate, if the applicant is in receipt of a disablement pension under Part 3 Part 4 or an entitlement under the
5: Notwithstanding anything in this section but subject to section 68A
a: a person who is married or in a civil union or in a de facto relationship recipient a supported living payment on the ground of sickness, injury, disability, or total blindness jobseeker support
b: the recipient's spouse or partner is either—
i: a patient in a hospital (as defined in section 75(1)
ii: a resident assessed as requiring care (as defined in section 136 section 141 142
c: the chief executive at the rate specified in Schedule 19 the recipient hospitalisation of the spouse or partner
6: Despite subsection (2)﻿(a), the chief executive
a: whose life expectancy is less than 6 months; or
b: it is not possible to determine whether the disability is likely to continue for not less than 6 months but that is a reasonably possible prognosis.
7: Where any person, whose application for a disability allowance has been declined only on the grounds that the disability is likely to last less than 6 months, subsequently shows to the satisfaction of the chief executive
a: is likely to last for 6 months or more; or
b: has continued for 6 months or more,— and that the person would otherwise have been entitled to receive a disability allowance since the date of the original application, the chief executive
7A: This subsection applies to a person if—
a: 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
b: all or a specified part of a disability allowance is granted in respect of the supply of the goods or services; and
c: those goods or services are of a class, description, or kind supplied by a preferred supplier (being a preferred supplier to, or in respect of, the area in which the person resides) under a contract entered into with the chief executive under section 125AA
7B: If subsection (7A) applies to a person,—
a: the person must, for every supply of the goods or services after a nomination given to the person by the chief executive has come into force and while it remains in force, purchase the goods or services from a preferred supplier specified in that nomination and at the price determined by the contract under section 125AA
b: 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 family member.
7BA: A nomination under subsection (7B)﻿(a)—
a: may be given orally or in writing (but, if given orally, must as soon as practicable be confirmed in writing); and
b: may from time to time be amended, revoked, or revoked and replaced by the chief executive, to recognise changes in preferred suppliers or preferred supply contracts ending without also being replaced.
7BB: However, if the person’s net total benefit payments due to be paid on a pay day (after deducting any redirection under section 82(3)
a: is not required by subsection (7B)﻿(b) to pay to the preferred supplier on that pay day all, or the specified part, of the person’s disability allowance due on that pay day; but
b: may pay the amount due to the preferred supplier on 1 or more later pay days from amounts of disability allowance or other benefit payments due to the person on those 1 or more later pay days.
7BC: Non-payment, or deferred payment, under subsection (7BB) does not reduce any amounts due to the preferred supplier from the person under, or make the chief executive or the Crown liable for breaching, the person's contract of purchase.
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
a: 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 that the person chooses and that are goods or services in respect of the supply of which the disability allowance is granted; and
b: if the goods or services that the person chooses and 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
7D: No appeal under this Act lies against any chief executive's decision under subsections (7B) to (7C).
7E: Subsections (7A) to (7D) are subject to (preferred supplier transitional provisions) directions under section 125AA(5)
8: In this section,— disability section 21(1)﻿(h) health practitioner
a: has the same meaning as in section 5(1)
b: includes—
i: a former health practitioner within the meaning of that section; and
ii: a person who is receiving training or gaining experience under the supervision of a health practitioner. Section 69C inserted 10 October 1975 section 12(1) Social Security Amendment Act 1975 Section 69C(1) replaced 12 December 1985 Social Security Amendment Act (No 2) 1985 Section 69C(1) amended 17 April 2013 section 30(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 69C(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69C(1) amended 23 June 1987 section 2(3)﻿(d) Social Security Amendment Act 1987 Section 69C(1)﻿(a) amended 15 July 2013 section 85(4)﻿(c) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 69C(1)﻿(a) amended 15 July 2013 section 96(1)﻿(k) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 69C(1)﻿(a) amended 15 July 2013 section 113(1)﻿(d) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 69C(1)﻿(a) amended 15 July 2013 section 128(1)﻿(j) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 69C(1)﻿(a) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 69C(1)﻿(a) amended 15 April 2005 section 6(1) Social Security (Social Assistance) Amendment Act 2005 Section 69C(1)﻿(a) amended 1 July 2001 section 15(3)﻿(c) Social Security Amendment Act 2001 Section 69C(1)﻿(a) amended 1 October 1998 section 44(1) Social Security Amendment Act 1998 Section 69C(1)﻿(b) repealed 1 April 1990 section 14(9) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 Section 69C(1)﻿(c) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 69C(1)﻿(c) amended 1 April 2005 section 14 Social Security (Working for Families) Amendment Act 2004 Section 69C(1)﻿(c) amended 17 September 1997 section 18(1) Social Security Amendment Act (No 4) 1997 Section 69C(1)﻿(d) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 69C(1A) inserted 17 April 2013 section 30(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 69C(2) replaced 17 September 1997 section 18(2) Social Security Amendment Act (No 4) 1997 Section 69C(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69C(2)﻿(b)﻿(ii) replaced 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 69C(2A) inserted 17 September 1997 section 18(2) Social Security Amendment Act (No 4) 1997 Section 69C(2B) replaced 22 November 2006 section 4(1) Social Security (Long-term Residential Care) Amendment Act 2006 Section 69C(2C) inserted 22 November 2006 section 4(1) Social Security (Long-term Residential Care) Amendment Act 2006 Section 69C(3) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 69C(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69C(4) replaced 1 July 1999 Accident Insurance Act 1998 Section 69C(4) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 69C(4) amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010 Section 69C(4) amended 1 April 2002 section 337(1) Accident Compensation Act 2001 Section 69C(5) inserted 28 September 1982 section 11(2) Social Security Amendment Act 1982 Section 69C(5) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 69C(5) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69C(5) amended 2 October 1994 section 7(2) Social Security Amendment Act 1994 Section 69C(5) amended 12 December 1985 Social Security Amendment Act (No 2) 1985 Section 69C(5)﻿(a) replaced 1 April 1994 section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 Section 69C(5)﻿(a) amended 15 July 2013 section 96(2)﻿(b) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 69C(5)﻿(a) amended 15 July 2013 section 113(1)﻿(d) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 69C(5)﻿(a) amended 15 July 2013 section 128(1)﻿(j) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 69C(5)﻿(a) amended 1 April 2007 section 5 Social Security Amendment Act 2005 Section 69C(5)﻿(a) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 69C(5)﻿(a) amended 15 April 2005 section 6(2) Social Security (Social Assistance) Amendment Act 2005 Section 69C(5)﻿(a) amended 1 July 2001 section 15(3)﻿(c) Social Security Amendment Act 2001 Section 69C(5)﻿(a) amended 1 October 1998 section 44(2) Social Security Amendment Act 1998 Section 69C(5)﻿(b) replaced 7 July 2010 section 8 Social Security Amendment Act (No 2) 2010 Section 69C(5)﻿(c) repealed 7 July 2010 section 8 Social Security Amendment Act (No 2) 2010 Section 69C(6) inserted 17 September 1997 section 18(3) Social Security Amendment Act (No 4) 1997 Section 69C(6) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69C(7) inserted 17 September 1997 section 18(3) Social Security Amendment Act (No 4) 1997 Section 69C(7) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69C(7A) inserted 17 April 2013 section 30(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 69C(7B) inserted 17 April 2013 section 30(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 69C(7BA) inserted 17 April 2013 section 30(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 69C(7BB) inserted 17 April 2013 section 30(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 69C(7BC) inserted 17 April 2013 section 30(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 69C(7C) inserted 17 April 2013 section 30(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 69C(7D) inserted 17 April 2013 section 30(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 69C(7E) inserted 17 April 2013 section 30(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 69C(8) inserted 17 September 1997 section 18(3) Social Security Amendment Act (No 4) 1997 Section 69C(8) health practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 69C(8) registered health professional repealed 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
69D: Transition to work allowance
Section 69D repealed 1 July 1996 Social Security Amendment Act 1996
69E: Interpretation
Section 69E repealed 1 July 2005 section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004
69F: Financial means assessments
Section 69F repealed 1 July 2005 section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004
69FA: Financial means assessments for home-based disability support services
Section 69FA repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
1P: Administration: overseas pensions, other conditions of benefits, reviews, and payments, debts, and deductions
Part 1P heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Overseas pensions Heading: inserted 2 October 1996 Social Security Amendment Act (No 6) 1996
69G: Reasonable steps to be taken to obtain overseas pension
1: Every applicant for a benefit under this Act or under Part 6 or under the New Zealand Superannuation and Retirement Income Act 2001 chief executive chief executive
a: that the applicant and the spouse or partner
b: that the applicant has taken all reasonable steps to obtain any overseas pension to which any dependant of the applicant may be entitled or that may be granted to any dependant of the applicant.
2: The chief executive
a: an applicant for a benefit under this Act or under Part 6 or under the New Zealand Superannuation and Retirement Income Act 2001
b: a beneficiary under this Act or under Part 6 or under the New Zealand Superannuation and Retirement Income Act 2001
c: the spouse or partner this Act or under Part 6 or under the New Zealand Superannuation and Retirement Income Act 2001
d: the spouse or partner this Act or under Part 6 or under the New Zealand Superannuation and Retirement Income Act 2001 a written notice requiring that person to take all reasonable steps, within a period specified by the chief executive
3: The chief executive
a: an applicant for a benefit under this Act or under Part 6 or under the New Zealand Superannuation and Retirement Income Act 2001
b: a beneficiary under this Act or under Part 6 or under the New Zealand Superannuation and Retirement Income Act 2001 a written notice requiring that person to take all reasonable steps, within a period specified by the chief executive
4: Where a person does not comply with a notice given by the chief executive chief executive
a: refuse to grant the benefit applied for by the applicant:
b: suspend, from such date as the chief executive
i: the beneficiary provides information establishing, to the satisfaction of the chief executive or partner
ii: the benefit is terminated under subsection (5),— whichever occurs first.
5: Where a benefit has been suspended under subsection (4), the chief executive chief executive Section 69G inserted 2 October 1996 Social Security Amendment Act (No 6) 1996 Section 69G(1) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 69G(1) amended 5 December 2013 section 15(9)﻿(a) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 69G(1) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 69G(1) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 69G(1) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 69G(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69G(1) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 69G(1)﻿(a) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 69G(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69G(2)﻿(a) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 69G(2)﻿(a) amended 5 December 2013 section 15(9)﻿(a) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 69G(2)﻿(a) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 69G(2)﻿(a) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 69G(2)﻿(a) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 69G(2)﻿(a) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 69G(2)﻿(b) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 69G(2)﻿(b) amended 5 December 2013 section 15(9)﻿(a) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 69G(2)﻿(b) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 69G(2)﻿(b) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 69G(2)﻿(b) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 69G(2)﻿(b) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 69G(2)﻿(c) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 69G(2)﻿(c) amended 5 December 2013 section 15(9)﻿(a) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 69G(2)﻿(c) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 69G(2)﻿(c) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 69G(2)﻿(c) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 69G(2)﻿(c) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 69G(2)﻿(c) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 69G(2)﻿(d) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 69G(2)﻿(d) amended 5 December 2013 section 15(9)﻿(a) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 69G(2)﻿(d) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 69G(2)﻿(d) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 69G(2)﻿(d) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 69G(2)﻿(d) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 69G(2)﻿(d) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 69G(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69G(3)﻿(a) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 69G(3)﻿(a) amended 5 December 2013 section 15(9)﻿(a) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 69G(3)﻿(a) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 69G(3)﻿(a) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 69G(3)﻿(a) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 69G(3)﻿(a) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 69G(3)﻿(b) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 69G(3)﻿(b) amended 5 December 2013 section 15(9)﻿(a) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 69G(3)﻿(b) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 69G(3)﻿(b) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 69G(3)﻿(b) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 69G(3)﻿(b) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 69G(4) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69G(4)﻿(b) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69G(4)﻿(b)﻿(i) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 69G(4)﻿(b)﻿(i) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69G(5) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
69H: Information on rate of overseas pension to be provided
1: Every applicant for a benefit under this Act or Part 6 or under the New Zealand Superannuation and Retirement Income Act 2001 chief executive chief executive
a: the applicant:
b: the applicant's spouse or partner
c: any dependant of the applicant.
2: Where an applicant does not comply with subsection (1) within 10 working days after applying for the benefit, the chief executive
3: Every beneficiary under this Act or Part 6 or under the New Zealand Superannuation and Retirement Income Act 2001 chief executive chief executive
a: the beneficiary:
b: the beneficiary's spouse or partner
c: any dependant of the beneficiary.
4: Where a beneficiary does not comply with subsection (3) within 10 working days after the notice has been given, the chief executive chief executive
a: the beneficiary provides information establishing, to the satisfaction of the chief executive or partner
b: the benefit is terminated under subsection (5),— whichever occurs first.
5: Where a benefit has been suspended under subsection (4), the chief executive chief executive
6: In this section, the term rate Section 69H inserted 2 October 1996 Social Security Amendment Act (No 6) 1996 Section 69H(1) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 69H(1) amended 5 December 2013 section 15(9)﻿(b) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 69H(1) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 69H(1) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 69H(1) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 69H(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69H(1) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 69H(1)﻿(b) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 69H(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69H(3) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 69H(3) amended 5 December 2013 section 15(9)﻿(b) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 69H(3) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 69H(3) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 69H(3) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 69H(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69H(3) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 69H(3)﻿(b) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 69H(4) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69H(4)﻿(a) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 69H(4)﻿(a) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69H(5) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
69I: Duty of
chief executive It is the duty of the chief executive section 69G(1) to (3) section 69H(1) or (3) Section 69I inserted 2 October 1996 Social Security Amendment Act (No 6) 1996 Section 69I heading amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 69I amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
70: Rate of benefits if overseas pension payable
1: For the purposes of this Act, if—
a: any person qualified to receive a benefit under this Act or Part 6 or under the New Zealand Superannuation and Retirement Income Act 2001 or partner or partner
b: the benefit, pension, or periodical allowance, or any part of it, is in the nature of a payment which, in the opinion of the chief executive this Act or under the New Zealand Superannuation and Retirement Income Act 2001 under the Veterans' Support Act 2014 the rate of the benefit or benefits that would otherwise be payable under this Act or Part 6 or under the New Zealand Superannuation and Retirement Income Act 2001 provided that if the chief executive
a: compensation for injury or death for which payment could be made under the Accident
b: a war pension or allowance granted under the Veterans' Support Act 2014 section 72 unless the pension or allowance is a pension or payment granted under Part 6
c: a disability allowance granted under this Act such overseas benefit, pension, or periodical allowance, or part of it, as the case may be, shall be treated as if it were in fact such compensation, war pension or allowance, or disability allowance.
1A: Subsection (1) does not apply to New Zealand superannuation payable overseas under section 26
1B: Subsection (1) does not apply to a veteran's pension payable overseas under section 182
2: Nothing in subsection (1) shall preclude the chief executive the chief executive's
3: In any case where paragraph (a) and paragraph (b) of subsection (1) apply and the proviso to subsection (1) does not apply, the chief executive may—
a: make an arrangement with an overseas pensioner, in accordance with any regulations made under section 132C this Act or Part 6 or under the New Zealand Superannuation and Retirement Income Act 2001
i: the overseas pensioner agrees to make such an arrangement; and
ii: the overseas pensioner has not previously made such an arrangement and voluntarily terminated it; and
iii: the chief executive
b: pay to the overseas pensioner, in accordance with an arrangement made under paragraph (a), the rate of the benefit or benefits that is payable under this Act or Part 6 or under the New Zealand Superannuation and Retirement Income Act 2001 chief executive
3A: The chief executive
3B: No money in a bank account maintained, in accordance with regulations made under section 132C
a: be attached or taken in execution under any order or process of any court:
b: be made the subject of any set-off, charge, or assignment:
c: be claimed or deducted under any notice or other instrument issued under any enactment (other than under regulations made under section 132C
3C: If the benefit referred to in an arrangement made under subsection (3)﻿(a) is New Zealand superannuation, the chief executive must pay any amount received from the overseas pensioner under the arrangement into the New Zealand Superannuation Fund established under the New Zealand Superannuation and Retirement Income Act 2001
4: For the purposes of this Act
a: the benefit or benefits that are payable to that overseas pensioner in that period under this Act or Part 6 or under the New Zealand Superannuation and Retirement Income Act 2001
b: the amount of the overseas pension that that overseas pensioner is entitled to receive or has received in that period.
5: Subsections (3) and (4) shall come into force on a date to be appointed by the Governor-General by Order in Council. Section 70 replaced 10 October 1975 section 13(1) Social Security Amendment Act 1975 Section 70(1) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 70(1) amended 5 December 2013 section 15(9)﻿(c) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 70(1) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 70(1) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 70(1) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 70(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 70(1) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 70(1) amended 2 October 1996 Social Security Amendment Act (No 6) 1996 Section 70(1)﻿(a) replaced 12 December 1985 Social Security Amendment Act (No 2) 1985 Section 70(1)﻿(a) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 70(1)﻿(a) amended 5 December 2013 section 15(9)﻿(c) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 70(1)﻿(a) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 70(1)﻿(a) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 70(1)﻿(a) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 70(1)﻿(a) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 70(1)﻿(a) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 70(1)﻿(b) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 70(1)﻿(b) amended 5 December 2013 section 15(9)﻿(c) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 70(1)﻿(b) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 70(1)﻿(b) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 70(1)﻿(b) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 70(1)﻿(b) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 70(1) replaced 12 December 1985 Social Security Amendment Act (No 2) 1985 Section 70(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 70(1) replaced 1 July 1999 Accident Insurance Act 1998 Section 70(1) amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010 Section 70(1) amended 1 April 2002 section 337(1) Accident Compensation Act 2001 Section 70(1) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 70(1) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 70(1) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 70(1A) inserted 5 January 2010 section 9 New Zealand Superannuation and Retirement Income Amendment Act 2009 Section 70(1B) inserted 5 January 2010 section 8 War Pensions Amendment Act 2009 Section 70(1B) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 70(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 70(3) inserted 2 October 1996 Social Security Amendment Act (No 6) 1996 Section 70(3) brought into force 7 November 1996 Social Security (Alternative Arrangement for Overseas Pensions) Commencement Order 1996 Section 70(3)﻿(a) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 70(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 70(3)﻿(a) amended 5 December 2013 section 15(5)﻿(d) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 70(3)﻿(a) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 70(3)﻿(a) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 70(3)﻿(a) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 70(3)﻿(a) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 70(3)﻿(a)﻿(iii) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 70(3)﻿(b) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 70(3)﻿(b) amended 5 December 2013 section 15(5)﻿(d) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 70(3)﻿(b) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 70(3)﻿(b) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 70(3)﻿(b) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 70(3)﻿(b) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 70(3)﻿(b) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 70(3A) inserted 7 November 1996 section 2(1) Social Security (Overseas Pensions) Amendment Act 1998 Section 70(3A) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 70(3B) inserted 28 March 1998 section 2(2) Social Security (Overseas Pensions) Amendment Act 1998 Section 70(3C) inserted 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 70(3C) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 70(4) inserted 2 October 1996 Social Security Amendment Act (No 6) 1996 Section 70(4) brought into force 7 November 1996 Social Security (Alternative Arrangement for Overseas Pensions) Commencement Order 1996 Section 70(4)﻿(a) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 70(4) amended 17 July 2013 section 161 Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 Section 70(4)﻿(a) amended 5 December 2013 section 15(5)﻿(d) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 70(4)﻿(a) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 70(4)﻿(a) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 70(4)﻿(a) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 70(4)﻿(a) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 70(5) inserted 2 October 1996 Social Security Amendment Act (No 6) 1996 Other conditions of benefits Heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
70A: Rates of benefits for sole parents may be reduced
1: This section applies to any beneficiary—
a: who is a sole parent; and
b: who is in receipt of one of the following benefits:
i: sole parent support under section 20D
ii:
iii: a supported living payment on the ground of sickness, injury, disability, or total blindness, under section 40B
iiia:
iv:
v: jobseeker support, except where granted under section 88C(2) or (3)
va: a young parent payment; or
vi: an emergency benefit granted, on an application made after 31 July 1991, under section 61
c: who, in respect of any dependent child in the care of the beneficiary, fails or refuses—
i: to identify who is in law the other parent of that child; or
ii: to make an application for formula assessment of child support, when required to do so by section 9
iii: to attend and give in evidence all information that is required of the beneficiary during a hearing of a proceeding under the Child Support Act 1991 section 122
2: The rate of benefit payable to any beneficiary to whom this section applies shall be reduced in respect of each dependent child in the care of the beneficiary—
a: whose other parent has not been identified in law; or
b: whose other parent has not been named in an application for formula assessment of child support under the Child Support Act 1991
c: whose other parent the beneficiary has failed or refused to testify against as required under section 122 by an amount equal to $22
3: Subsection (2) shall not apply if the chief executive is satisfied that—
a: there is insufficient evidence available to establish who is in law the other parent; or
b: the beneficiary is taking active steps to identify who is in law the other parent; or
ba: the beneficiary or any of the beneficiary's children would be at risk of violence if the beneficiary carried out or took steps to carry out any of the actions referred to in subparagraphs (i) to (iii) of subsection (1)﻿(c); or
bb: there is a compelling circumstance, other than a circumstance mentioned elsewhere in this subsection, for the beneficiary's failure or refusal to carry out any of the actions set out in subparagraphs (i) to (iii) of subsection (1)﻿(c), and, even if the beneficiary carried out the action, there is no real likelihood of child support being collected in the foreseeable future from the other parent, or, as the case may be, the other parent's estate; or
c: the child was conceived as a result of incest or sexual violation.
4: A reduction of the rate of benefit under subsection (2) in respect of a dependent child in the care of the beneficiary ceases to apply to a beneficiary who subsequently carries out the action referred to in subparagraph (i), (ii), or (iii) of subsection (1)﻿(c) that the beneficiary failed or refused to carry out in respect of that child.
5: If a beneficiary's rate of benefit has been reduced under subsection (2), it must be reduced by a further $6 if the circumstances in subsection (6) exist.
6: The circumstances are that—
a: a period of not less than 13 weeks has elapsed after the date on which the beneficiary's rate of benefit was reduced under subsection (2); and
b: during the period referred to in paragraph (a), the chief executive has given the beneficiary a reasonable opportunity to reconsider his or her decision not to carry out the action referred to in subparagraphs (i) to (iii) of subsection (1)﻿(c) that led to that reduction.
7: A further reduction made under subsection (5) to a beneficiary's rate of benefit must not exceed $6, regardless of the number of the beneficiary's dependent children to whom subsection (1)﻿(c) applies.
8: A reduction of the rate of benefit under subsection (5) ceases to apply where the rate of benefit has ceased to be reduced under subsection (2).
9: For the purposes of this section— violence section 3 Section 70A replaced 1 July 1992 Social Security Amendment Act (No 5) 1991 Section 70A(1)﻿(b)﻿(i) replaced 15 July 2013 section 74 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 70A(1)﻿(b)﻿(ii) repealed 15 July 2013 section 74 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 70A(1)﻿(b)﻿(iii) replaced 15 July 2013 section 90 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 70A(1)﻿(b)﻿(iiia) repealed 15 April 2005 section 7(1) Social Security (Social Assistance) Amendment Act 2005 Section 70A(1)﻿(b)﻿(iv) repealed 15 July 2013 section 104 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 70A(1)﻿(b)﻿(v) replaced 1 March 2016 section 70 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 70A(1)﻿(b)﻿(va) replaced 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 70A(1)﻿(c) replaced 15 April 2005 section 7(2) Social Security (Social Assistance) Amendment Act 2005 Section 70A(2) amended 1 October 1993 Income Tax Amendment Act (No 3) 1993 Section 70A(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 70A(3)﻿(ba) inserted 1 July 2005 section 7(3) Social Security (Social Assistance) Amendment Act 2005 Section 70A(3)﻿(bb) inserted 1 July 2005 section 7(3) Social Security (Social Assistance) Amendment Act 2005 Section 70A(4) replaced 15 April 2005 section 7(4) Social Security (Social Assistance) Amendment Act 2005 Section 70A(5) inserted 15 April 2005 section 7(4) Social Security (Social Assistance) Amendment Act 2005 Section 70A(6) inserted 15 April 2005 section 7(4) Social Security (Social Assistance) Amendment Act 2005 Section 70A(7) inserted 15 April 2005 section 7(4) Social Security (Social Assistance) Amendment Act 2005 Section 70A(8) inserted 15 April 2005 section 7(4) Social Security (Social Assistance) Amendment Act 2005 Section 70A(9) inserted 15 April 2005 section 7(4) Social Security (Social Assistance) Amendment Act 2005
70B: Entitlement to benefits in cases of shared custody
1: If the parents of a dependent child—
a: are living apart; and
b: are both beneficiaries; and
c: each has the primary responsibility for the care of that child for at least 40% of the time— only the parent whom the chief executive chief executive
2: In deciding which parent has the greater responsibility for the child, the chief executive
a: how the responsibility for decisions about the daily activities of the child is shared; and
b: who is responsible for taking the child to and from school and supervising that child's leisure activities; and
c: how decisions about the education or health care of the child are made; and
d: the financial arrangements for the child's material support; and
e: which parent pays for which expenses of the child.
3: If the chief executive chief executive chief executive
4: If the chief executive chief executive Section 70B inserted 1 October 1991 section 18(1) Social Security Amendment Act (No 2) 1991 Section 70B(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 70B(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 70B(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 70B(4) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
71: Special provisions where compensation or damages recoverable by applicant
1: Notwithstanding anything to the contrary in this Act or Part 6 or the New Zealand Superannuation and Retirement Income Act 2001 disease or in respect of wrongful or unjustifiable dismissal
a: where any compensation or damages have been recovered, the chief executive or loss of expectation of employment chief executive
b: where any applicant for a benefit has a claim against any person to recover any compensation or damages, the chief executive chief executive chief executive is a debt due to the Crown under section 85A(b) and (e) section 86(1)
2: For the purposes of this section the expression compensation or damages ex gratia ; but does not include any impairment lump sum received under Schedule 1 Accident 1938 No 7 s 74 1949 No 38 s 19 Section 71(1) amended 5 December 2013 section 15(5)﻿(e) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 71(1) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 71(1) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 71(1) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 71(1) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 71(1) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 71(1) amended 30 June 1993 section 16(a) Social Security Amendment Act (No 3) 1993 Section 71(1) amended 1 March 1991 section 25 Social Security Amendment Act 1991 Section 71(1)﻿(a) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 71(1)﻿(a) amended 30 June 1993 section 16(b) Social Security Amendment Act (No 3) 1993 Section 71(1)﻿(b) amended 7 July 2014 section 18 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 71(1)﻿(b) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 71(2) amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010 Section 71(2) amended 1 April 2002 section 337(1) Accident Compensation Act 2001
71A: Deduction of weekly compensation from income-tested benefits
1: Subject to subsection (4), this section applies to a person who is qualified to receive an income-tested benefit (other than New Zealand superannuation or a veteran's pension unless the veteran's pension would be subject to abatement under section 171
a: the person is entitled to receive or receives weekly compensation in respect of the person or his or her spouse or partner
b: the person's spouse or partner
2: Where this section applies, the rate of the benefit payable to the person must be reduced by the amount of weekly compensation payable to the person.
3: In this section, weekly compensation Accident Compensation Act 2001 section 181
4: Subsection (2) does not apply where the person—
a: was receiving the income-tested benefit immediately before 1 July 1999 and continues to receive that benefit; and
b: was receiving compensation for loss of earnings or loss of potential earning capacity under the Accident Rehabilitation Compensation and Insurance Act 1992
c: under section 71A(2) Accident Insurance Act 1998 Section 71A replaced 1 July 1999 Accident Insurance Act 1998 Section 71A(1) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 71A(1) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 71A(1)﻿(a) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 71A(1)﻿(b) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 71A(3) replaced 10 April 2015 section 5 Social Security Amendment Act 2015
72: Limitation where applicant receiving another benefit or
Notwithstanding anything to the contrary in this Act
a: no person is entitled to receive more than 1 benefit in his or her own right, except as provided in sections 39D 61EA 61FG 61G 61GA 69C section 23
b: no person who is granted a pension or allowance under the Veterans' Support Act 2014
i: a pension or allowance
ia: a pension or payment granted under Part 6
ii: a surviving spouse or partner pension under Part 3
iii: an allowance in respect of services rendered as an attendant on a disabled member of the New Zealand or any other Commonwealth forces or of the Emergency Reserve Corps or shall be granted any benefit: provided that any person may receive a supported living payment on the ground of sickness, injury, disability, or total blindness jobseeker support on the ground of sickness, injury, or disability or a youth payment or young parent payment granted pursuant to section 158(2)﻿(c)﻿(ii) 164(2)﻿(c)﻿(ii) section 105 section 170(1)﻿(a) child disability allowance children’s pension under section 72
c: where any part of a benefit is payable in respect of the spouse or partner or partner 1938 No 7 ss 60, 62(b), (c), 63 1945 No 11 ss 12, 29(c), (d) 1951 No 54 s 17 Section 72 heading amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 72 amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 72(a) replaced 3 June 1998 section 7 Social Security Amendment Act (No 2) 1998 Section 72(a) amended 1 July 2018 section 63 Families Package (Income Tax and Benefits) Act 2017 Section 72(a) amended 7 July 2010 section 9 Social Security Amendment Act (No 2) 2010 Section 72(a) amended 17 November 2000 section 7(1) Housing Restructuring (Income-Related Rents) Amendment Act 2000 Section 72(b) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 72(b)﻿(i) amended 1 April 1990 section 14(11)﻿(a) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 Section 72(b)﻿(ia) inserted 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 72(b)﻿(ia) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 72(b)﻿(ii) replaced 7 December 2014 section 278 Veterans’ Support Act 2014 Section 72(b)﻿(iii) amended 7 June 1967 Social Security Amendment Act 1967 Section 72(b) first proviso repealed 1 April 1990 section 14(11)﻿(b) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 Section 72(b) second proviso repealed 7 December 2014 section 278 Veterans’ Support Act 2014 Section 72(b) third proviso inserted 20 October 1972 section 24(3) Social Security Amendment Act 1972 Section 72(b) third proviso amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 72(b) third proviso amended 1 July 2001 section 15(1)﻿(d) Social Security Amendment Act 2001 Section 72(b) third proviso amended 1 October 1998 section 47 Social Security Amendment Act 1998 Section 72(b) third proviso amended 1 September 1998 section 12(4)﻿(c) Social Security Amendment Act 1998 Section 72(b) third proviso amended 1 January 1998 section 10(1) Social Security Amendment Act (No 3) 1997 Section 72(b) third proviso amended 11 October 1978 section 21(2) Social Security Amendment Act 1978 Section 72(c) replaced 1 April 1990 section 14(11)﻿(c) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 Section 72(c) amended 26 April 2005 section 3 Social Security Amendment Act 2005
73: Limitation where applicant entitled to claim under Family Protection Act 1955
1: Notwithstanding anything to the contrary in this Act chief executive in the chief executive's New Zealand superannuation, or a veteran's pension chief executive chief executive Family Protection Act 1955
2: In any such proceedings the chief executive
3: In this section the term relative Family Protection Act 1955 1950 No 49 s 18 Section 73 heading amended 7 July 2010 section 10(1) Social Security Amendment Act (No 2) 2010 Section 73(1) amended 7 July 2010 section 10(2) Social Security Amendment Act (No 2) 2010 Section 73(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 73(1) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 73(1) amended 1 April 1994 section 2(1) Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 Section 73(1) amended 30 June 1993 section 5(3)﻿(e) Social Security Amendment Act (No 3) 1993 Section 73(1) amended 1 April 1990 section 14(13) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 Section 73(1) amended 23 June 1987 section 2(3)﻿(d) Social Security Amendment Act 1987 Section 73(1) amended 9 February 1977 Social Security Amendment Act 1976 Section 73(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 73(3) amended 7 July 2010 section 10(3) Social Security Amendment Act (No 2) 2010
74: Limitation in certain other cases
1: Notwithstanding anything to the contrary in this Act or Part 6 or the New Zealand Superannuation and Retirement Income Act 2001 chief executive in the chief executive's or reduce chief executive
a: that the applicant, or the spouse or partner
b:
c:
d: that the applicant has directly or indirectly deprived himself of any income or property which results in his qualifying for that or any other benefit or an increased rate of benefit; or
e: that the applicant has failed to take reasonable steps to obtain any maintenance or has foregone her rights to any maintenance the Family Proceedings Act 1980
1A: Subsection (1)﻿(d) is subject to any rules prescribed by rules under section 132I
2: In this section,— income Schedule 1 Accident Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998 property 1938 No 7 ss 15(1)﻿(e), 22(7), 33(2)﻿(d), 40(d), 62(d), 62A 1963 No 47 s 54 Section 74(1) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 74(1) amended 5 December 2013 section 15(5)﻿(f) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 74(1) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 74(1) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 74(1) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 74(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 74(1) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 74(1) amended 23 June 1987 section 2(3)﻿(d) Social Security Amendment Act 1987 Section 74(1) amended 23 December 1977 section 15 Social Security Amendment Act (No 2) 1977 Section 74(1)﻿(a) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 74(1)﻿(a) amended 1 April 1991 section 28 Social Security Amendment Act 1991 Section 74(1)﻿(b) repealed 20 October 1972 section 25 Social Security Amendment Act 1972 Section 74(1)﻿(c) repealed 20 October 1972 section 25 Social Security Amendment Act 1972 Section 74(1)﻿(e) inserted 14 November 1973 section 12 Social Security Amendment Act 1973 Section 74(1)﻿(e) amended 1 July 1992 Social Security Amendment Act (No 5) 1991 Section 74(1)﻿(e) amended 1 October 1981 section 189(2)﻿(a) Family Proceedings Act 1980 Section 74(1)﻿(e) amended 31 August 1974 section 8 Social Security Amendment Act 1974 Section 74(1A) inserted 2 July 2007 section 9 Social Security Amendment Act 2007 Section 74(2) inserted 1 April 2002 section 337(1) Accident Compensation Act 2001 Section 74(2) income amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010
74AA: Residential requirements for certain benefits
1: A person who applies for a benefit of a kind stated in subsection (2) after 27 May 2007 is not eligible for it unless he or she—
a: is a New Zealand citizen, or is a person who holds a residence class visa under the Immigration Act 2009
b: is ordinarily resident in New Zealand when he or she first applies for the benefit; and
c: except in the case of a person who is recognised as a refugee or a protected person in New Zealand under the Immigration Act 2009
i: if subsection (1A) applies to the person,—
A: before he or she applies for the benefit; or
B: before a decision on his or her claim for the benefit is made under section 12
ii: in any other case, after the day on which paragraph (a) first applied to him or her.
1A: Subsection (1)﻿(a) and (b) do
a: there is in force under section 19(1) (Reciprocity Agreements, and New Zealand Artificial Limb Service)
b: he or she is ordinarily resident in that country.
2: The benefits referred to in subsection (1) are a youth payment, a young parent payment a supported living payment jobseeker support sole parent support Section 74AA inserted 2 July 2007 section 10(1) Social Security Amendment Act 2007 Section 74AA(1) replaced 29 November 2010 section 406(1) Immigration Act 2009 Section 74AA(1)﻿(c) replaced 15 July 2013 section 31(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 74AA(1A) inserted 7 July 2010 section 11 Social Security Amendment Act (No 2) 2010 Section 74AA(1A) amended 15 July 2013 section 31(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 74AA(1A)﻿(a) amended 5 December 2013 section 15(4)﻿(g) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 74AA(2) amended 15 July 2013 section 75(a) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 74AA(2) amended 15 July 2013 section 75(b) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 74AA(2) amended 15 July 2013 section 96(1)﻿(l) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 74AA(2) amended 15 July 2013 section 113(2)﻿(c) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 74AA(2) amended 15 July 2013 section 128(1)﻿(l) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 74AA(2) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012
74A: Persons unlawfully resident or present in New Zealand
1: A person is not entitled to receive a benefit who is—
a: unlawfully resident or present in New Zealand; or
b: lawfully resident or present in New Zealand but only by virtue of holding a temporary entry class visa.
1A: Despite subsection (1), the chief executive may take either or both of the actions specified in subsection (1B) if the chief executive is satisfied that the person is—
a: a person lawfully present in New Zealand who is awaiting the outcome of his or her claim for recognition as a refugee or a protected person; or
b: a person who is recognised as a refugee or a protected person; or
c: a person applying for a residence class visa under the Immigration Act 2009
1B: The actions referred to in subsection (1A) are—
a: grant the person an emergency benefit under section 61
b: grant the person temporary additional support under section 61G section 23
2: If subsection (3) applies to a person,—
a: the rate of benefit payable to the person is the appropriate rate for a single person (and not the rate for a person who is married or in a civil union or in a de facto relationship
b: the income and assets of both the person and the person's spouse or partner
3: Subsection (2) applies to—
a: a person who applies for a benefit before the commencement of this subsection, and who is married to , or in a civil union or in a de facto relationship
b: a person, other than a person who is already in receipt of a benefit applied for before the commencement of this subsection that is being paid at the rate for a person who is married or in a civil union or in a de facto relationship married to, or in a civil union or in a de facto relationship
i: unlawfully resident or present in New Zealand; or
ii: lawfully resident or present in New Zealand, but only by virtue of holding a temporary entry class visa
4: Despite subsection (3)﻿(b)﻿(ii), subsection (2) does not apply to a person described in subsection (1A)
5: Subsection (2) applies despite anything in this Act or the New Zealand Superannuation and Retirement Income Act 2001 Part 6 Section 74A inserted 1 March 1991 section 29 Social Security Amendment Act 1991 Section 74A(1) replaced 29 November 2010 section 406(1) Immigration Act 2009 Section 74A(1A) replaced 25 February 2012 section 4 Social Security Amendment Act 2012 Section 74A(1B) inserted 25 February 2012 section 4 Social Security Amendment Act 2012 Section 74A(2) replaced 8 August 2001 section 3 Social Security Amendment Act (No 2) 2001 Section 74A(2)﻿(a) replaced 26 April 2005 section 3 Social Security Amendment Act 2005 Section 74A(2)﻿(a) amended 1 April 2007 section 5 Social Security Amendment Act 2005 Section 74A(2)﻿(b) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 74A(3) inserted 8 August 2001 section 3 Social Security Amendment Act (No 2) 2001 Section 74A(3)﻿(a) amended 1 April 2007 section 5 Social Security Amendment Act 2005 Section 74A(3)﻿(a) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 74A(3)﻿(b) amended 1 April 2007 section 5 Social Security Amendment Act 2005 Section 74A(3)﻿(b) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 74A(3)﻿(b)﻿(ii) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 74A(4) inserted 8 August 2001 section 3 Social Security Amendment Act (No 2) 2001 Section 74A(4) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 74A(5) inserted 8 August 2001 section 3 Social Security Amendment Act (No 2) 2001 Section 74A(5) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 74A(5) amended 5 December 2013 section 15(5)﻿(g) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 74A(5) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 74A(5) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003
75: Beneficiaries in hospital
1: For the purposes of this section, hospital New Zealand Public Health and Disability Act 2000
2: If person who is married or in a civil union or in a de facto relationship a single a main benefit under this Act is, despite anything to the contrary in this Act, unaffected
3: If a person to whom subsection (2) applies Schedule 22
4: Notwithstanding the provisions of subsection (3), the chief executive in the chief executive's
a: pay to any patient to whom that subsection applies a higher rate than the rate specified in Schedule 22
b:
5: If, after 13 weeks' hospitalisation, the benefit of a person who is married or in a civil union or in a de facto relationship a main benefit under this Act
a: the maximum rate of benefit payable to a single person; and
b: the maximum rate of benefit payable in respect of a person who is married or in a civil union or in a de facto relationship
6: In any case where the rate of a benefit has been reduced in accordance with this section and the beneficiary in hospital is absent from the hospital for not more than 28 days, the rate of benefit payable on return to hospital shall be determined as if that absence has not occurred.
7: Nothing in this section shall be construed to entitle a single person or a couple who are married or in a civil union or in a de facto relationship
8: Section 75 replaced 28 September 1982 section 12(1) Social Security Amendment Act 1982 Section 75(1) replaced 1 October 2002 section 58(1) Health and Disability Services (Safety) Act 2001 Section 75(1) amended 1 July 2005 section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004 Section 75(2) amended 15 July 2013 section 61(4)﻿(a) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 75(2) amended 15 July 2013 section 61(4)﻿(b) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 75(2) amended 15 July 2013 section 61(4)﻿(c) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 75(2) amended 1 April 2007 section 5 Social Security Amendment Act 2005 Section 75(2) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 75(3) replaced 6 November 1985 Social Security Amendment Act (No 2) 1985 Section 75(3) amended 15 July 2013 section 61(5) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 75(4) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 75(4) amended 23 June 1987 section 2(3)﻿(d) Social Security Amendment Act 1987 Section 75(4)﻿(a) amended 10 September 2008 section 18(2) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Section 75(4)﻿(a) amended 6 November 1985 Social Security Amendment Act (No 2) 1985 Section 75(4)﻿(b) repealed 10 September 2008 section 18(3) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Section 75(5) replaced 26 April 2005 section 3 Social Security Amendment Act 2005 Section 75(5) amended 15 July 2013 section 61(6) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 75(5) amended 1 April 2007 section 5 Social Security Amendment Act 2005 Section 75(5)﻿(b) amended 1 April 2007 section 5 Social Security Amendment Act 2005 Section 75(7) amended 1 April 2007 section 5 Social Security Amendment Act 2005 Section 75(7) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 75(8) repealed 15 July 2013 section 61(7) Social Security (Benefit Categories and Work Focus) Amendment Act 2013
75A: Beneficiaries in treatment centres under Substance Addiction (Compulsory Assessment and Treatment) Act 2017
Despite anything to the contrary in this Act, where a beneficiary, or any other person in respect of whom a benefit is payable, is a resident in a treatment centre under the Substance Addiction (Compulsory Assessment and Treatment) Act 2017 Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 75A replaced 21 February 2018 section 122(1) Substance Addiction (Compulsory Assessment and Treatment) Act 2017
75B: Effect on benefit of warrant to arrest beneficiary
1: This section applies to a beneficiary who is not an excluded beneficiary (as defined in subsection (2)) if the 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 excluded from the operation of this paragraph by regulations made under section 132L
b: a New Zealand court has (or 1 or more of the court's Judges or Registrars has or have) in, or in connection with, those criminal proceedings, issued a warrant for the beneficiary's arrest; and
c: at least 28 days have elapsed since the date on which the warrant was issued.
2: Excluded beneficiary
a: for the purposes of subsections (3) to (6), a beneficiary who is—
i: a young person (as defined in section 2(1) Oranga Tamariki Act 1989
ii: a beneficiary who is not receiving a main benefit under this Act, New Zealand superannuation, or a veteran’s pension; or
iii: a beneficiary (for example, one who is receiving a main benefit under this Act, New Zealand superannuation, or a veteran’s pension, but) who falls within a class, description, or kind of beneficiary excluded from the operation of all of the provisions of this section by regulations made under section 132L
b: for the purposes of subsections (7) and (8), a beneficiary who is—
i: a young person (as defined in section 2(1) Oranga Tamariki Act 1989
ii: a beneficiary who falls within a class, description, or kind of beneficiary excluded from the operation of all of the provisions of this section by regulations made under section 132L
3: The chief executive must as soon as practicable give the beneficiary a notice (to be delivered in accordance with section 86J
a: 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 resolve the warrant; and
b: 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
c: specifies the consequences of the beneficiary's not resolving the warrant within that 10-working-day period.
4: A notice under subsection (3) involving information supplied by the Ministry of Justice under section 126AC section 103(1)
5: This subsection applies to the beneficiary unless, at the end of the 10-working-day period specified in the notice, the chief executive is satisfied (based on evidence provided by the beneficiary, or other information available to the chief executive, or both) of 1 of the following:
a: that the beneficiary is not the person to whom the warrant applies; or
b: that the beneficiary has taken all reasonable steps to resolve the warrant, but the warrant has for reasons beyond the beneficiary's control not been resolved; or
c: that the warrant has been resolved.
6: The benefit of a beneficiary to whom subsection (5) applies is not payable until the chief executive is satisfied (based on 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 warrant applies; or
b: that the warrant has been resolved.
7: Despite subsections (1)﻿(c) and (3) to (6), the chief executive 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 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
b: that request is signed by the Commissioner of Police or a constable who is of or above the level of position of inspector.
8: As soon as is reasonably practicable after a suspension under subsection (7) of the benefit of a beneficiary, the chief executive must give the beneficiary a notice (to be delivered in accordance with section 86J
a: communicates the fact of, and reason for, the suspension; and
b: specifies the steps that the beneficiary may take to dispute that he or she is the person to whom the warrant applies or to resolve the warrant.
9: The following apply to a benefit that is not payable under subsection (6), or that is suspended under subsection (7), as if the benefit had been suspended under section 117
a: section 80C
b: section 120
c: section 121
10: However, section 120(1) Section 75B inserted 15 July 2013 section 32 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 75B(2)﻿(a)﻿(i) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 75B(2)﻿(b)﻿(i) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
76: Forfeiture of benefit during detention in a
prison
1: Except as provided in subsection (2) or subsection (3), a benefit shall not be payable in respect of any period during which the beneficiary is imprisoned or detained in , or is an escapee from, prison
2: If a person in receipt of New Zealand superannuation or a veteran's pension chief executive in the chief executive's New Zealand superannuation or a veteran's pension
3: The chief executive in the chief executive's or partner or who has escaped from such imprisonment or detention, or partner
4: If a beneficiary is remanded in custody by a court pending a further appearance before a court, his benefit shall not be payable in respect of any period during which he is so in custody, but the chief executive in the chief executive's
5: For the purposes of this section, the chief executive in the chief executive's prison section 75(1)
6: For the purposes of this section, a person shall still be considered to be imprisoned or detained if he or she has been released from a prison Corrections Act 2004 Section 76 replaced 28 September 1982 section 13(1) Social Security Amendment Act 1982 Section 76 heading amended 1 June 2005 section 206 Corrections Act 2004 Section 76(1) amended 1 June 2005 section 206 Corrections Act 2004 Section 76(1) amended 30 June 1993 Social Security Amendment Act (No 3) 1993 Section 76(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 76(2) amended 1 April 1994 section 2(1) Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 Section 76(2) amended 1 April 1990 section 14(15) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 Section 76(2) amended 23 June 1987 section 2(3)﻿(d) Social Security Amendment Act 1987 Section 76(3) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 76(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 76(3) amended 30 June 1993 Social Security Amendment Act (No 3) 1993 Section 76(3) amended 23 June 1987 section 2(3)﻿(d) Social Security Amendment Act 1987 Section 76(4) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 76(4) amended 23 June 1987 section 2(3)﻿(d) Social Security Amendment Act 1987 Section 76(5) amended 1 June 2005 section 206 Corrections Act 2004 Section 76(5) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 76(5) amended 23 June 1987 section 2(3)﻿(d) Social Security Amendment Act 1987 Section 76(6) inserted 30 June 1993 Social Security Amendment Act 1993 Section 76(6) amended 1 June 2005 section 206 Corrections Act 2004 Second section 76(6) repealed 30 June 2002 section 125 Parole Act 2002
77: Effect of absence of beneficiary from New Zealand
: provisions
1: A benefit is not payable while a beneficiary is absent from New Zealand unless the benefit is so payable under—
a: the other provisions of this section; or
b: any agreement or convention adopted under section 19 (Reciprocity Agreements, and New Zealand Artificial Limb Service)
c: sections 21 to 35
d: sections 176 196
2: A benefit is payable to a beneficiary in respect of any 1 or more absences 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 not a benefit of a kind specified in subsection (2A); and
b: the benefit would, but for those 1 or more absences, be payable to the beneficiary; and
c: the chief executive is satisfied that the 1 or more absences do not affect the beneficiary's eligibility for the benefit.
2A: The kinds of benefits referred to in subsections (2)﻿(a) and (3)﻿(a) are—
a: sole parent support for a work-tested beneficiary:
ab: supported living payment on the ground of sickness, injury, disability, or total blindness, under section 40B
b: jobseeker support (other than jobseeker support for a spouse or partner who is not a work-tested spouse or partner):
c: an emergency benefit:
d: any benefit that, but for the 1 or more absences referred to in subsection (2) or (3), would be payable to a beneficiary who is subject to 1 or more requirements made under section 60Q(3)
e: a youth payment or young parent payment.
3: The chief executive may, in the chief executive's discretion, pay a benefit to a beneficiary in respect of any 1 or more absences 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
b: the benefit would, but for those 1 or more absences, be payable to the beneficiary; and
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 relevant qualifying circumstances (as defined for the purposes of this subsection by regulations made under section 132
3A: The chief executive may, in the chief executive's discretion, pay a supported living payment on the ground of sickness, injury, disability, or total blindness for a period (not exceeding 6 weeks) in which a beneficiary (not being a work-tested 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 his or her absence from New Zealand, continue to be eligible for the supported living payment.
4: The chief executive
a: that person or his or her spouse or partner Ministry of Health
b: the person is in receipt of a supported living payment
i: the training is an activity, or is linked to a goal, included in the person's
ii: the person could not obtain the training in New Zealand during the period or periods of absence.
5: For the purposes of this section, if a person who is absent from New Zealand would have become entitled to a benefit during his or her absence but for subsection (1), the person's absence shall be regarded as having commenced on the day he or she would have become so entitled.
6: A beneficiary who proposes to be absent from New Zealand has a duty imposed by this subsection to notify an officer of the department, before that absence, of the beneficiary's forthcoming absence from New Zealand. No beneficiary has any entitlement under subsection (2), (3), (3AA), (3A),
7: In particular, if the beneficiary fails to perform his or her duty to notify under subsection (6), and after departing from New Zealand notifies an officer of the department of the beneficiary's current absence from New Zealand, the beneficiary's 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, in his or her discretion, authorise the beneficiary's entitlement under subsection (2), (3), (3AA), (3A), or (4) to commence on or after the beneficiary's departure if the chief executive is satisfied that—
a: both the beneficiary's absence from New Zealand, and the beneficiary's failure to notify an officer of the department, before that absence, of the beneficiary's forthcoming absence from New Zealand, are justified for 1 or more good and sufficient humanitarian reasons (as the term humanitarian reasons is defined for the purposes of this paragraph by regulations made under section 132
b: the beneficiary after departing from New Zealand notified an officer of the department of the beneficiary's current absence from New Zealand as soon as was reasonably 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
b: veterans' pensions payable under Part 6
c: 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 Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 Section 77 replaced 1 August 1991 section 19(1) Social Security Amendment Act (No 2) 1991 Section 77 heading amended 15 July 2013 section 33(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 77(1) replaced 15 July 2013 section 33(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 77(1)﻿(b) amended 5 December 2013 section 15(4)﻿(h) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 77(1)﻿(d) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 77(2) replaced 15 July 2013 section 33(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 77(2A) inserted 15 July 2013 section 33(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 77(3) replaced 15 July 2013 section 33(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 77(3AA) inserted 15 July 2013 section 33(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 77(3A) replaced 15 July 2013 section 33(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 77(4) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 77(4)﻿(a) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 77(4)﻿(a) amended 1 July 1993 section 38(3)﻿(a) Health Amendment Act 1993 Section 77(4)﻿(b) replaced 24 September 2007 section 35 Social Security Amendment Act 2007 Section 77(4)﻿(b) amended 15 July 2013 section 96(1)﻿(m) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 77(4)﻿(b)﻿(i) amended 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 77(6) inserted 15 July 2013 section 33(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 77(7) inserted 15 July 2013 section 33(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 77(8) inserted 15 July 2013 section 33(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 77(9) inserted 15 July 2013 section 33(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 77(9)﻿(b) amended 7 December 2014 Veterans’ Support Act 2014 Section 77(9)﻿(c) amended 5 December 2013 section 4(1) Social Welfare (Transitional Provisions) Amendment Act 2013
77A: Effect of absence of beneficiary from New Zealand: department must explain provisions
The chief executive must take reasonable and appropriate steps to make every person who is, or appears to the chief executive to be likely to be, affected by a provision of section 77
a: the existence, and substance, of the provision; and
b: the consequences or possible consequences of the operation of the provision. Section 77A inserted 15 July 2013 section 34 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
78: Effect of absence of beneficiary from New Zealand on residential qualification
1: If any person leaves New Zealand while in receipt of a benefit and returns to take up ordinary residence in New Zealand at any time within 5 years, he shall not, on a subsequent application for a benefit of the same class, be required to comply with the residential qualifications applicable in the case of an original application for a benefit of that class.
2: If, before the commencement of this subsection, a person left New Zealand while in receipt of an age benefit or a superannuation benefit, such benefit shall, for the purposes of this section, be deemed to be New Zealand superannuation 1938 No 7 s 70(4) Section 78(2) replaced 9 February 1977 Social Security Amendment Act 1976 Section 78(2) amended 1 April 1994 section 2(1) Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993
79: Persons who have had income tax deducted or withheld on earnings from employment overseas to be treated as resident and present in New Zealand
1: This section applies to any person who was employed outside New Zealand if, with respect to the person's period of employment, the person's employer (or other relevant person) makes—
a: PAYE income payments (as that term is used in the Income Tax Act 2007
b: source deduction payments,—
i: as that term is used in the Income Tax Act 2004
ii: as that term is used in the Income Tax Act 1994, from which the person, employer, or other relevant person must make a tax deduction under the PAYE rules as defined in that Act:
iii: as that term is used in the Income Tax Act 1976, from which the person, employer, or other relevant person must make a tax deduction under Part 11 of that Act:
iv: as that term is used in the Income Tax Assessment Act 1957, from which the person, employer, or other relevant person must make a tax deduction under Part 2 of that Act.
2: This section applies in respect of a period of employment, whether or not the person's employer (or other relevant person) failed to pay an amount of tax deducted or withheld to the Commissioner of Inland Revenue if the chief executive is satisfied that—
a: the employer (or other relevant person) deducted or withheld tax under subsection (1); and
b: the person did not contribute to the employer's (or other relevant person's) failure to pay that tax to the Commissioner.
3: For the purposes of satisfying the residential qualification for any benefit after the return to New Zealand, on or after 23 June 1987, of the person to whom this section applies or the spouse or partner or any child of that person,—
a: that person must be treated as being resident and present in New Zealand during the period to which this section applies:
b: if the spouse or partner or any child of that person was with the person during that period or any part of it, the spouse or partner or child must be treated as being resident and present in New Zealand during that period or that part of it, as the case may be:
c: any child of that person born outside New Zealand during that period must be treated as having been born in New Zealand.
4: Nothing in subsection (3) may be construed to derogate from the provisions of section 77 Section 79 replaced 10 April 2015 section 6 Social Security Amendment Act 2015
80: Commencement of benefits
1: Except as otherwise provided in this section or Part 6 or the New Zealand Superannuation and Retirement Income Act 2001
a: the date the applicant became entitled to receive it; or
b: the date the application for it was received.
2: A benefit is subject to a stand down, and commences on a date calculated in accordance with section 80BA
a: the benefit is a work-tested benefit or a youth payment or a young parent payment a youth payment or a young parent payment or who is enrolled in a course of secondary instruction
b: the benefit is sole parent support, jobseeker support on the ground of sickness, injury, or disability a supported living payment
3: Subsection (2) is subject to subsections (5) to (10) (which relate to exemptions from the benefit stand down)
4: If the applicant is subject to a non-entitlement period,—
a: a work-tested benefit granted conditionally under section 123B section 80BA
i: the applicant is subject to the non-entitlement period because of the application of section 60H
ii: that section applies to the applicant because he or she is a person described in section 60H(2)﻿(a)
b: any other work-tested benefit commences on the later of—
i: the date the applicant became entitled to receive it; or
ii: the date the application for it was received.
5: A benefit shall commence on the latest of the date the person became entitled to receive it, or the day after the
a: the benefit is a youth payment or a young parent payment
b: the benefit is sole parent support , a youth payment, a young parent payment a supported living payment jobseeker support
c: the benefit is jobseeker support on the ground of sickness, injury, or disability
i: is suffering from a chronic illness; and
ii: has applied for a sickness benefit , or a community wage or jobseeker support (in either case)
ca: the benefit is a supported living payment on the ground of sickness, injury, disability, or total blindness
i: is sick or is suffering from an injury or disability from accident or existing from birth
ii: has applied for an invalid's benefit or a supported living payment (in either case) on the ground
d: the applicant for the benefit—
i: previously received a benefit which was cancelled because he or she was imprisoned or detained for less than 31 days in a prison Corrections Act 2004
ii: applied for the benefit immediately following his or her release from the prison
6:
7:
8: A benefit shall commence on the later of the day after the date a person's employment ceased or the date of the application for the benefit,
a: the person received a benefit before accepting the offer of the employment; and
b: the benefit was cancelled or suspended
c: the employment—
i: was temporary employment, whether or not the person was aware it would be temporary employment when accepting the offer; or
ii: was part-time work for a period of less than 26 weeks, whether or not the person was aware it would be part-time work for a period of less than 26 weeks when accepting the offer; and
d: the person applies for a benefit following the termination of the employment.
9:
10: If a person is required to pay all or a part of a benefit towards the cost of the person's treatment or care in a residential programme, the chief executive
a: the date the person became entitled to the benefit; or
b: the date the person entered into residence under the programme.
11:
12:
13: A benefit shall commence on the day on which it was granted if—
a: the person has become eligible for the benefit while receiving another benefit; and
b: the benefit is granted instead of that other benefit.
14: A disability allowance shall commence on the same day that a benefit commences if that allowance was applied for at the same time as the benefit and the benefit is—
a: sole parent support, a young parent payment jobseeker support on the ground of sickness, injury, or disability
b: a supported living payment Section 80 replaced 1 April 1997 Social Security Amendment Act 1996 Section 80(1) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 80(1) amended 5 December 2013 section 15(5)﻿(h) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 80(1) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 80(1) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 80(1) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 80(2) replaced 2 July 2007 section 11(1) Social Security Amendment Act 2007 Section 80(2)﻿(a) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 80(2)﻿(a) amended 24 September 2007 section 36(a) Social Security Amendment Act 2007 Section 80(2)﻿(a) amended 24 September 2007 section 36(b) Social Security Amendment Act 2007 Section 80(2)﻿(b) amended 15 July 2013 section 85(4)﻿(d) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80(2)﻿(b) amended 15 July 2013 section 96(1)﻿(n) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80(2)﻿(b) amended 15 July 2013 section 113(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80(3) amended 2 July 2007 section 11(2) Social Security Amendment Act 2007 Section 80(4) replaced 26 September 2002 section 15(2) Social Security (Personal Development and Employment) Amendment Act 2002 Section 80(5) amended 3 June 1998 section 8(2) Social Security Amendment Act (No 2) 1998 Section 80(5)﻿(a) replaced 1 October 1998 section 49(2) Social Security Amendment Act 1998 Section 80(5)﻿(a) amended 15 July 2013 section 36 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80(5)﻿(a) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 80(5)﻿(b) replaced 1 April 2007 section 5 Social Security Amendment Act 2005 Section 80(5)﻿(b) amended 15 July 2013 section 85(1)﻿(c) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80(5)﻿(b) amended 15 July 2013 section 96(1)﻿(n) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80(5)﻿(b) amended 15 July 2013 section 113(2)﻿(d) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80(5)﻿(b) amended 15 July 2013 section 128(1)﻿(m) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80(5)﻿(b) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 80(5)﻿(b) amended 2 July 2007 section 11(3) Social Security Amendment Act 2007 Section 80(5)﻿(c) amended 15 July 2013 section 106(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80(5)﻿(c) amended 1 October 1998 section 49(1)﻿(b) Social Security Amendment Act 1998 Section 80(5)﻿(c)﻿(ii) amended 15 July 2013 section 106(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80(5)﻿(c)﻿(ii) amended 1 October 1998 section 49(1)﻿(c) Social Security Amendment Act 1998 Section 80(5)﻿(ca) inserted 1 July 2004 section 15 Social Security (Working for Families) Amendment Act 2004 Section 80(5)﻿(ca) amended 15 July 2013 section 96(2)﻿(d) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80(5)﻿(ca)﻿(i) amended 15 July 2013 section 91 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80(5)﻿(ca)﻿(ii) amended 15 July 2013 section 96(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80(5)﻿(d)﻿(i) amended 1 June 2005 section 206 Corrections Act 2004 Section 80(5)﻿(d)﻿(ii) amended 1 June 2005 section 206 Corrections Act 2004 Section 80(6) repealed 1 July 2001 section 43(2)﻿(b) Social Security Amendment Act 2001 Section 80(7) repealed 1 July 2001 section 43(2)﻿(b) Social Security Amendment Act 2001 Section 80(8) amended 3 June 1998 section 8(3) Social Security Amendment Act (No 2) 1998 Section 80(8)﻿(b) amended 1 July 2001 section 43(2)﻿(c) Social Security Amendment Act 2001 Section 80(8)﻿(c) replaced 7 July 2010 section 13 Social Security Amendment Act (No 2) 2010 Section 80(9) repealed 2 July 2007 section 11(4) Social Security Amendment Act 2007 Section 80(10) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 80(11) repealed 2 July 2007 section 11(4) Social Security Amendment Act 2007 Section 80(12) repealed 2 July 2007 section 11(4) Social Security Amendment Act 2007 Section 80(14)﻿(a) amended 15 July 2013 section 85(5) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80(14)﻿(a) amended 15 July 2013 section 106(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80(14)﻿(a) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 80(14)﻿(a) amended 1 October 1998 section 49(1)﻿(d) Social Security Amendment Act 1998 Section 80(14)﻿(b) replaced 15 July 2013 section 96(1)﻿(n) Social Security (Benefit Categories and Work Focus) Amendment Act 2013
80AA: Minister may allow back-dating of benefit where earlier failure to grant it based on error
1: With the consent of the Minister (given in relation to a particular applicant or applicants of a stated kind or description) a benefit (or a benefit of a stated kind) may commence at a time earlier than the time an application for it was made.
2: The Minister must not give consent unless satisfied that—
a: in the case of a particular applicant, the particular applicant—
i: could not reasonably have been expected to apply at the earlier time because of some erroneous action or inaction on the part of the department; or
ii: at or before the earlier time, tried to apply or applied incompletely, and did not proceed because of some erroneous action or inaction on the part of the department; or
b: in the case of applicants of a stated kind or description,—
i: applicants of that kind or description could not reasonably have been expected to apply at earlier times because of some erroneous action or inaction on the part of the department in relation to applicants of that kind or description; or
ii: at earlier times, some applicants of that kind or description tried to apply or applied incompletely, and did not proceed because of some erroneous action or inaction on the part of the department.
3: For the purposes of subsection (2), examples of erroneous action or inaction are—
a: giving wrong advice:
b: erroneously failing or refusing to provide information, help, or some document or form.
4: Consent given under subsection (1) in relation to applicants of a stated kind or description does not necessarily allow all the benefits concerned to commence at the same time.
5: Subsection (1) does not enable the commencement of a benefit at a time at which the person to whom it is granted was not eligible for it.
6: If the Minister delegates to the chief executive the exercise of the power to consent conferred by subsection (1), its exercise by the chief executive (or a refusal by the chief executive to exercise it) is a decision under this Part for the purposes of section 12J Section 80AA inserted 2 July 2007 section 12(1) Social Security Amendment Act 2007
80A: Duty to advise change of circumstances affecting entitlement to benefit
1: Every beneficiary shall forthwith advise an officer of the department of any change in circumstances which affects the right of the beneficiary to receive the benefit received by him or which affects the rate of any such benefit.
2: Section 80A inserted 21 November 1984 Social Security Amendment Act 1984 Section 80A(2) repealed 1 April 1991 section 33 Social Security Amendment Act 1991
80B: Interpretation
In this section and in sections 80BA to 80BC Schedule 28 average income average income calculation period
a: if the person has made an election under section 80BA(1A)
i: the date the person became entitled to receive the benefit; or
ii: if the person's employment terminated or the person is given notice of termination of employment before he or she applied for the benefit, the date the person's employment ceased; or
b: in any other case, the period of 26 weeks immediately before the later of the dates referred to in subparagraphs (i) and (ii) of paragraph (a) average wage section 3(1)
a: the date the person became entitled to receive the benefit; or
b: if the person's employment terminated or the person is given notice of termination of employment before he or she applied for the benefit, the date the person's employment ceased income
a: the amount of any of the following benefits or allowances received by the person:
i: a widow's benefit;
ii: a domestic purposes benefit;
iii: an invalid's benefit;
iv: a community wage paid before 1 July 2001:
v: a sickness benefit:
vi: an unemployment benefit:
vii:
viii:
ix: an emergency benefit;
x:
xi: an accommodation supplement under section 61EA
xii:
xiii:
ab: the amount of any youth payment or young parent payment received by the person:
ac: the amount of any sole parent support received by the person:
ad: the amount of any supported living payment received by the person:
ae: the amount of any jobseeker support received by the person:
b: the amount of any tax withheld or deducted for any of those benefits under section RD 11(3) redundancy payment
a: the main reason for the termination is that the person's position is or will be superfluous to the employer's needs, and the person is not a seasonal worker; or
b: the person's usual seasonal employment is not made available by the employer mainly because the person's position, or usual position, is or will be superfluous to the employer's needs; but does not include—
c: a payment solely because of a seasonal lay-off; or
d: a payment that depends on the completion of—
i: a fixed-term engagement; or
ii: an engagement to complete work specified in a contract; or
e: a payment instead of notice terminating the employment; or
f: any payment (including holiday pay) if the chief executive
g: any payment made by a company (within the meaning of the Companies Act 1993 section 161
h: any retirement payment retirement payment
a: a payment solely because of a seasonal lay-off; or
b: a payment that depends on the completion of—
i: a fixed-term engagement; or
ii: an engagement to complete work specified in a contract; or
c: a payment instead of notice terminating the employment; or
d: any payment (including holiday pay) if the chief executive considers that, but for the termination of the employment, it would have been paid as monetary remuneration of the person; or
e: any payment made by a company (within the meaning of the Companies Act 1993 section 161
f: any payment from a superannuation fund or other similar payment specified income
a: the person's income in the average income calculation period; and
b: the amount of any redundancy payment or retirement payment, before the deduction of income tax, not included in the person's income under paragraph (a) and made to the person—
i: before the person's employment ceased; or
ii: in the 52 weeks after the date on which the employment ceased. Section 80B replaced 1 April 1997 Social Security Amendment Act 1996 Section 80B average income replaced 1 May 2005 section 9(1) Social Security (Social Assistance) Amendment Act 2005 Section 80B average income calculation period replaced 1 May 2005 section 9(1) Social Security (Social Assistance) Amendment Act 2005 Section 80B income replaced 1 July 2001 section 15(9) Social Security Amendment Act 2001 Section 80B income replaced 1 July 2001 section 15(9) Social Security Amendment Act 2001 Section 80B income replaced 1 July 2001 section 15(9) Social Security Amendment Act 2001 Section 80B income repealed 1 October 1998 section 50 Social Security Amendment Act 1998 Section 80B income repealed 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 80B income repealed 15 April 2005 section 9(2) Social Security (Social Assistance) Amendment Act 2005 Section 80B income repealed 17 May 2001 section 7(3) Housing Restructuring (Income-Related Rents) Amendment Act 2000 Section 80B income repealed 17 May 2001 section 7(3) Housing Restructuring (Income-Related Rents) Amendment Act 2000 Section 80B income inserted 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 80B income inserted 15 July 2013 section 76 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80B income inserted 15 July 2013 section 92 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80B income inserted 15 July 2013 section 122 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80B income amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 80B redundancy payment amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 80B redundancy payment replaced 5 December 2013 section 14 Companies Amendment Act 2013 Section 80B retirement payment amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 80B retirement payment replaced 5 December 2013 section 14 Companies Amendment Act 2013 Section 80B specified income inserted 1 May 2005 section 9(3) Social Security (Social Assistance) Amendment Act 2005
80BA: Calculation of stand down
1: This section applies to a benefit if section 80
1A: A person who is entitled to a benefit to which this section applies may elect to have his or her average income calculated by reference to a period of 52 weeks instead of 26 weeks.
2: Every benefit to which this section applies shall be subject to a stand down period calculated in accordance with Schedule 28
3: A stand down period under this section commences on the later of—
a: the date the person became entitled to the benefit; or
b: if the person's employment terminated or the person is given notice of termination of employment before he or she applied for the benefit, the day after the
4: If a stand down period applies under this section, benefits commence as follows:
a: benefits except those described in paragraph (b) commence on the later of—
i: the day after
ii: the day
b: a benefit commences on the day after
i: sole parent support; or
ii: a supported living payment; or
iii: jobseeker support granted on the ground of sickness, injury, or disability; or
iv: jobseeker support granted to a sole parent; or
v: 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 or partners commencing to live apart, or the ending of a de facto relationship; or
vi: a youth payment; or
vii: a young parent payment.
5: This section is subject to section 80BB section 80BC Section 80BA inserted 1 April 1997 Social Security Amendment Act 1996 Section 80BA(1A) inserted 1 May 2005 section 10(1) Social Security (Social Assistance) Amendment Act 2005 Section 80BA(3)﻿(b) amended 3 June 1998 section 9(1) Social Security Amendment Act (No 2) 1998 Section 80BA(4) replaced 17 September 1997 section 20(1) Social Security Amendment Act (No 4) 1997 Section 80BA(4)﻿(a)﻿(i) amended section 5(2) 24 November 2015 section 4(1) Social Security (Commencement of Benefits) Amendment Act 2015 Section 80BA(4)﻿(a)﻿(i) amended 3 June 1998 section 9(2)﻿(a) Social Security Amendment Act (No 2) 1998 Section 80BA(4)﻿(a)﻿(ii) amended 3 June 1998 section 9(2)﻿(a) Social Security Amendment Act (No 2) 1998 Section 80BA(4)﻿(b) replaced 15 July 2013 section 37 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80BA(4)﻿(b) amended section 5(2) 24 November 2015 section 4(2) Social Security (Commencement of Benefits) Amendment Act 2015
80BB: Delayed redundancy and retirement payments
1: This section applies to a person who has applied for a benefit to which section 80(2)
a: the person is entitled to receive a redundancy payment or a retirement payment; and
b: the person has not received the whole or a part of that payment.
2: A person referred to in subsection (1) is entitled to receive the benefit applied for on a provisional basis and to have the stand down period calculated as if his or her average income did not include the amount not yet received.
3: Subsection (4) applies if the person subsequently receives the whole or any part of the redundancy payment or retirement payment within 52 weeks after the date the person's employment ceased.
4: This subsection applies to
a: which the person has received; and
b: to which the person would not be entitled but for subsection (2).
5: A payment to which subsection (4) applies is a debt due to the Crown under section 85A(b) section 86(1) Section 80BB inserted 1 April 1997 Social Security Amendment Act 1996 Section 80BB(4) amended 7 July 2014 section 19(1) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 80BB(5) inserted 7 July 2014 section 19(2) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014
80BC: Seasonal workers made redundant after benefit commences
1: This section applies to a person who is a seasonal worker if—
a: the person applies for a benefit to which section 80(2)
b: the person becomes entitled to receive a redundancy payment because his or her usual seasonal employment is made unavailable by the employer after the benefit commences; and
c: the person receives the whole or any part of the redundancy payment within 52 weeks after the date the person's seasonal employment ceased.
2: This subsection applies to
a: which the person has received; and
b: which is a payment to which the person would not have been entitled if the redundancy payment received had been taken into account in calculating the stand down period under section 80BA
3: A payment to which subsection (2) applies is a debt due to the Crown under section 85A(b) section 86(1) Section 80BC inserted 1 April 1997 Social Security Amendment Act 1996 Section 80BC(2) amended 7 July 2014 section 20(1) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 80BC(3) inserted 7 July 2014 section 20(2) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014
80BD: Ending of benefits
1: Every benefit shall end on a date the chief executive
a: a date no earlier than the pay day before the date on which entitlement to the benefit ceased; and
b: a date no later than the pay day after that date.
2: The general provision in subsection (1) is subject to subsections (3) to (8)
3: Subsection (4) applies to a person receiving New Zealand superannuation, a veteran's pension, sole parent support, a supported living payment, jobseeker support, a youth payment, or a young parent payment
4: If a person referred to in subsection (3) dies, the benefit ends 4 weeks following the death if—
a: the person leaves a spouse or partner
b: the spouse or partner section 56 of the Accident Rehabilitation and Compensation Insurance Act 1992 or section 444 of the Accident Insurance Act 1998 section 382 Accident
5: 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 the beneficiary's death).
6: A benefit or a rate of benefit payable to a sole parent ends 28 days
6A: A supported living payment under section 40D patient requiring care concerned if the beneficiary stops caring for that patient because that patient
7: An orphan's benefit or unsupported child's benefit ends—
a: on the date the child ceases to be entitled to the benefit; or
b: on a date set by the chief executive
8: A supported living payment on the ground 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). Section 80BD inserted 1 April 1997 Social Security Amendment Act 1996 Section 80BD(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 80BD(2) amended 15 July 2013 section 38(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80BD(3) amended 15 July 2013 section 38(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80BD(3) amended 15 April 2005 section 11 Social Security (Social Assistance) Amendment Act 2005 Section 80BD(4)﻿(a) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 80BD(4)﻿(b) amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010 Section 80BD(4)﻿(b) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 80BD(4)﻿(b) amended 1 April 2002 section 337(1) Accident Compensation Act 2001 Section 80BD(5) replaced 15 July 2013 section 38(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80BD(6) replaced 24 September 2007 section 37 Social Security Amendment Act 2007 Section 80BD(6) amended 15 July 2013 section 38(4) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80BD(6A) inserted 24 September 2007 section 37 Social Security Amendment Act 2007 Section 80BD(6A) amended 15 July 2013 section 38(4) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80BD(6A) amended 15 July 2013 section 38(5)﻿(a) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80BD(6A) amended 15 July 2013 section 38(5)﻿(b) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 80BD(7)﻿(b) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 80BD(8) inserted 15 July 2013 section 38(6) Social Security (Benefit Categories and Work Focus) Amendment Act 2013
80BE: Expiry and re-grant of specified benefits
1: If it has not ceased earlier, a beneficiary's entitlement to a specified 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 requirements in this Act or in regulations under section 132M
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
b: the date on which entitlement to that benefit will cease; and
c: what the beneficiary must do to reapply for that benefit and the period within which he or she must do so.
3: Subsection (2) does not apply if, at the time the chief executive is required to give notice under that subsection, the specified benefit—
a: is suspended because the beneficiary is undertaking temporary employment; or
b: is not for the time being payable under this Act (for example, under section 76 77
c: is suspended under any provision of this Act other than section 117
4: However, if at any time before the expiry date for that benefit any of the circumstances described in subsection (3) no longer exist, then the chief executive must, as soon as practicable, take reasonable steps to advise the beneficiary of the matters set out in subsection (2)﻿(a) to (c).
5: In this section and section 80BF expiry date section 132M specified benefit
a: jobseeker support; or
b: sole parent support, supported living payment, or emergency benefit, unless that benefit is for the time being declared not to be a specified benefit for the purposes of this section and section 80BF section 132M(1)﻿(a)
6: Regulations under section 132M(1)﻿(a) section 80BF
a: that benefit as granted on only 1 or more specified available eligibility grounds:
b: that benefit as granted to only 1 or more specified categories, classes, or kinds of beneficiaries.
7: However, a specified benefit that expires under this section in the week that is, or is the week immediately before, the week that includes 26 December in a year must (despite section 80BD(1)
8: However, the chief executive may, in any circumstances in which an exemption from expiry may be considered that are specified for the purposes of this section by regulations under section 132M Section 80BE inserted 15 July 2013 section 39 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
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
a: the department has received—
i: a reapplication form (provided by the chief executive for the purpose) completed by or on behalf of the beneficiary and his or her spouse or partner (if any) to the chief executive's satisfaction; and
ii: any supporting evidence reasonably required by the chief executive; and
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 assessment of a kind specified by the chief executive.
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(5)
a: the chief executive must re-grant the person's specified benefit if the chief executive is satisfied that the person meets or continues to meet the eligibility criteria for that benefit; and
b: if re-granted, that benefit commences on that expiry date.
4: If, in relation to a person, the requirements of subsection (1) are completed after, but within 20 working days after, the expiry date for the person's specified benefit, and the chief executive is satisfied that there were exceptional circumstances that prevented those requirements from being completed on or 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
ii: after that expiry date, and unless exceptional circumstances prevented the person from doing so, the person continued to meet the eligibility criteria for that benefit; and
b: if re-granted, that benefit commences on that expiry date.
5: If a person intending to reapply for the specified benefit contacts the department on or before the expiry date for the person'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
b: if those requirements are completed before that time, the chief executive may re-grant that benefit under subsection (4).
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 behalf of that person must be treated as an application form for the purposes of section 11D(2)
a: are not completed within 20 working days after the expiry 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 requirements from being completed on or before that expiry date.
8: For the purposes of this section, a failure of a beneficiary's work-tested spouse or partner to participate in a comprehensive work assessment in accordance with subsection (1)﻿(b)—
a: must not be treated as a failure to complete the requirements 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. Section 80BF inserted 15 July 2013 section 39 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
80C: Effect of work test on entitlement to supplementary benefits and on spouses
or partners
1: A person is not entitled to receive an emergency benefit under section 61 section 61EA temporary additional support under section 61G section 23
a: the person is subject to a non-entitlement period; or
b: the person is subject to a stand down under section 80BA
c: the person is subject to a sanction of suspension of 100% of a benefit under section 117 , 173 174
1A: Notwithstanding subsection (1)﻿(b), if the applicant was receiving an accommodation supplement pursuant to section 61EA
2: The spouse or partner section 80BA or partner Section 80C inserted 1 August 1991 section 21 Social Security Amendment Act (No 2) 1991 Section 80C heading replaced 1 October 1998 Social Security (Work Test) Amendment Act 1998 Section 80C heading amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 80C(1) replaced 1 April 1997 Social Security Amendment Act 1996 Section 80C(1) amended 1 April 2006 section 21 Social Security (Working for Families) Amendment Act 2004 Section 80C(1)﻿(c) replaced 1 July 2001 section 43(3) Social Security Amendment Act 2001 Section 80C(1)﻿(c) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 80C(1A) inserted 1 July 1993 section 22(2) Social Security Amendment Act (No 3) 1993 Section 80C(2) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 80C(2) amended 1 April 1997 Social Security Amendment Act 1996 Section 80C(2) amended 1 April 1994 section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993
80D: Benefit applications by claimants under
Accident If—
a: weekly compensation is paid by or on behalf of the Accident Compensation Corporation, or by or on behalf of an accredited employer within the meaning of section 181
b: the claimant subsequently fails to establish his or her claim; and
c: the claimant would otherwise have been entitled to a benefit during all or any part of the period in respect of which the compensation would have been paid if the claim had been accepted— the chief executive chief executive's
d: that the incapacity in respect of which the claim was made occurred; or
e: that the applicant would have become entitled to that benefit— whichever is the later date. Section 80D inserted 1 July 1992 Accident Rehabilitation and Compensation Insurance Act 1992 Section 80D amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010 Section 80D amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 80D(a) replaced 10 April 2015 section 7(2) Social Security Amendment Act 2015 Reviews, payments, debts, and deductions Heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
81: Review of benefits
1: The chief executive
a: whether the beneficiary remains entitled to receive it; or
b: whether the beneficiary may not be, or may not have been, entitled to receive that benefit or the rate of benefit that is or was payable to the beneficiary— and for that purpose may require the beneficiary or his or her spouse or partner chief executive or partner chief executive chief executive
2: If, after reviewing a benefit under subsection (1), the chief executive chief executive
3: If, after reviewing a benefit under subsection (1), the chief executive chief executive
4: If, after reviewing under subsection (1) a benefit granted on a stated eligibility ground for that benefit, the chief executive considers that the beneficiary is more appropriately entitled to receive that benefit on another eligibility ground for that benefit, the chief executive may—
a: cancel that benefit on the stated eligibility ground; and
b: grant that benefit instead on the other eligibility ground commencing from the date of cancellation.
5: The chief executive may terminate a winter energy payment if satisfied, after reviewing the payment under subsection (1), that—
a: the rate of the beneficiary’s qualifying benefit (under section 61FG(1)﻿(a) section 75(3)
b: continuing the payment is not consistent with the purpose stated in section 61FE Section 81 replaced 1 April 1990 section 37(8) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 Section 81(1) replaced 30 June 1993 section 23 Social Security Amendment Act (No 3) 1993 Section 81(1) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 81(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 81(2) replaced 30 June 1993 section 23 Social Security Amendment Act (No 3) 1993 Section 81(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 81(3) inserted 1 March 1991 section 34 Social Security Amendment Act 1991 Section 81(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 81(4) inserted 15 July 2013 section 40 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 81(5) inserted 1 July 2018 section 64 Families Package (Income Tax and Benefits) Act 2017
82: Payment of benefits
1: Every benefit shall be payable by instalments of such number of weeks' benefit on such day or date or such days or dates chief executive
2: The amount of a weekly instalment of a benefit that is payable at an annual rate shall be ascertained by dividing the annual rate by 52.
2A: The following benefits are paid in respect of a 7-day week: sole parent support a youth payment, a young parent payment, a supported living payment jobseeker support, and a winter energy payment
3: Except as otherwise provided in this Act provided that for good cause the chief executive in the chief executive's
a: to or on account of some other person authorised by the beneficiary or, in the case of a beneficiary who lacks sufficient capacity in law, to any person appointed by the chief executive
b: with or without the consent of the beneficiary—
i: to any person in payment of the beneficiary's lawful debts or other liabilities:
ii: to, or for the benefit of, the spouse or partner
3A: If any instalment of a benefit is payable after the beneficiary’s death, that instalment may be paid,—
a: on application by the surviving spouse or partner of the beneficiary, to that spouse or partner; or
b: if the beneficiary has no surviving spouse or partner but has a surviving dependent child, on application by the person who has the care of the child, to that person (or to another person appointed by the chief executive for the purpose) for the benefit of that child and any other surviving dependent children of the beneficiary; or
c: in any other case, in the manner in which that instalment would have been paid if the beneficiary had not died.
4: Except as otherwise provided in this Act chief executive
5: If any instalment of any benefit, or any part of any instalment, is not collected within such time as the chief executive chief executive
6: If the chief executive chief executive in the chief executive's discretion the amount so paid in advance is a debt due to the Crown under section 85A(c) section 86(1)
6A: Despite subsection (3), if the immediate needs of the beneficiary relate to the supply of any goods or services to the beneficiary or a member of the beneficiary's family, the chief executive may pay the whole or any part of an advance payment of a benefit under subsection (6) to the supplier of the goods or services.
6AA: This subsection applies to the beneficiary if—
a: the immediate needs of the beneficiary relate to the supply of any goods or services to the beneficiary or a member of the beneficiary's family; and
b: the goods or services are of a class, description, or kind supplied by a preferred supplier (being a preferred supplier to, or in respect of, the area in which the beneficiary resides) under a contract entered into with the chief executive under section 125AA
6AB: If subsection (6AA) applies to the beneficiary, the beneficiary must purchase the goods or services from a preferred supplier nominated by the chief executive at the price determined by the contract under section 125AA
a: the amount of the advance payment of benefit for purchasing the goods or services is the lesser of—
i: the price so determined; and
ii: 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.
6AC: A nomination under subsection (6AB) of a preferred supplier—
a: may be given orally or in writing (but, if given orally, must as soon as practicable be confirmed in writing); and
b: may from time to time be amended, revoked, or revoked and replaced by the chief executive, to recognise changes in preferred suppliers or preferred supply contracts ending without also being replaced.
6B: The chief executive may, in circumstances prescribed by regulations made under section 132K
6C: Subsection (6D) applies in respect of an applicant for an advance payment of a benefit under subsection (6) if the chief executive is satisfied that—
a: the applicant or the applicant's spouse or partner has failed to take reasonable steps to reduce his or her costs or increase his or her income or better manage his or her finances; or
b: the applicant or the applicant's spouse or partner has failed to take all necessary steps to obtain any assistance towards his or her costs from any other source from which he or she may be entitled to assistance; or
c: the applicant or the applicant's spouse or partner has failed to comply with any requirement of the chief executive to undertake a budgeting activity under subsection (6B).
6D: If this subsection applies, the chief executive may refuse to make an advance payment of a benefit under subsection (6), or any subsequent advance payment of a benefit, to or in respect of the applicant.
6E: Subsections (6B) to (6D) do not apply to the advance payment of a youth support payment, or to the advance payment of any other benefit payable to a person receiving a youth support payment.
6F: This subsection applies to a beneficiary if—
a: the chief executive has under section 125AA
b: 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 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 those goods or services to the beneficiary or a member of the beneficiary's family.
6G: If subsection (6F) applies to a beneficiary,—
a: the chief executive may, despite subsection (3), act on the beneficiary's written request under subsection (6F), and accordingly 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
b: the beneficiary cannot withdraw from the redirection arrangement arising from that request unless the chief executive, in his or her discretion, considers a withdrawal during the identified period is justified by special circumstances established to the chief executive's satisfaction.
7: Unless the chief executive
a: supply the department with particulars of an existing account held by the applicant or beneficiary with—
i: the Post Office Bank Limited, a private savings bank, a trustee savings bank, or the Public Service Investment Society Limited; or
ii: a registered bank which, on 31 March 1987, was a trading bank; or
iii: any other registered bank or a building society (being a registered bank or a building society approved for the purposes of this subsection by the Minister
b: open such an account, if one is not held, and supply the department with particulars of the account; or
c: supply the department with particulars of a current membership held by the applicant or beneficiary with a credit union registered under Part 3 Minister and every instalment of the benefit may be paid by the chief executive
8: This section is subject to section 179 , and subsections (6) to (6AB) (6F) (6G) section 125AA(5) Section 82 replaced 11 October 1978 section 23(1) Social Security Amendment Act 1978 Section 82(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 82(1) amended 17 September 1997 section 21(1) Social Security Amendment Act (No 4) 1997 Section 82(2A) inserted 2 July 2007 section 13(1) Social Security Amendment Act 2007 Section 82(2A) amended 1 July 2018 section 65 Families Package (Income Tax and Benefits) Act 2017 Section 82(2A) amended 15 July 2013 section 77 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 82(2A) amended 15 July 2013 section 85(1)﻿(d) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 82(2A) amended 15 July 2013 section 96(1)﻿(o) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 82(2A) amended 15 July 2013 section 113(2)﻿(e) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 82(2A) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 82(3) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 82(3) proviso amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 82(3) proviso amended 23 June 1987 section 2(3)﻿(d) Social Security Amendment Act 1987 Section 82(3) proviso amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 82(3) proviso amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 82(3A) inserted 8 July 2016 section 13 Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 82(4) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 82(4) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 82(5) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 82(6) inserted 24 August 1979 Social Security Amendment Act 1979 Section 82(6) amended 7 July 2014 section 21 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 82(6) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 82(6) amended 17 September 1997 section 21(2) Social Security Amendment Act (No 4) 1997 Section 82(6) amended 23 June 1987 section 2(3)﻿(d) Social Security Amendment Act 1987 Section 82(6A) inserted 27 September 2010 section 16 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 82(6AA) inserted 17 April 2013 section 41(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 82(6AB) inserted 17 April 2013 section 41(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 82(6AC) inserted 17 April 2013 section 41(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 82(6B) inserted 27 September 2010 section 16 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 82(6C) inserted 27 September 2010 section 16 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 82(6D) inserted 27 September 2010 section 16 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 82(6E) inserted 20 August 2012 section 14(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 82(6F) inserted 17 April 2013 section 41(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 82(6G) inserted 17 April 2013 section 41(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 82(7) replaced 26 October 1988 Social Security Amendment Act (No 2) 1988 Section 82(7) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 82(7) amended 1 April 1990 section 14(16) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 Section 82(7)﻿(a)﻿(iii) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 82(7)﻿(c) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 82(8) inserted 20 August 2012 section 14(2) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 82(8) amended 17 April 2013 section 41(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013
82A: Duty to supply tax file number and consequence of failure to do so
1: The chief executive of the department for the time being responsible for the administration of the Social Security Act 1964 may in writing request an applicant for a benefit or a beneficiary to provide evidence, to the satisfaction of the chief executive
2: The chief executive
3: The chief executive
4: This section does not apply to a beneficiary who is unable to provide satisfactory evidence of the beneficiary's tax file number within the time specified because of sickness, injury, or disability.
5: In this section, tax file number section YA 1 Section 82A replaced 7 October 1998 section 2(1) Social Security Amendment Act (No 3) 1998 Section 82A(5) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
83: Apportionment of benefit between spouses
or partners
1: Subject to subsections (2) and (2A) person who is married or in a civil union or in a de facto relationship this Act or partner that rate
2: Subject to section 12(2) New Zealand Superannuation and Retirement Income Act 2001 chief executive chief executive or partner rate referred to in subsection (1)
2A: Nothing in this section applies to—
a: a rate of youth payment or young parent payment; or
b: the rate of any benefit (other than a youth payment or young parent payment) payable to a person receiving a youth payment or young parent payment.
3: In any case where a benefit is apportioned under subsection (1) or subsection (2), the proportion of the benefit paid to each person shall be deemed for the purposes of the Income Tax Act 2007 Section 83 replaced 1 October 1986 section 16(1) Social Security Amendment Act 1986 Section 83 heading amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 83(1) amended 20 August 2012 section 15(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 83(1) amended 1 April 2007 section 5 Social Security Amendment Act 2005 Section 83(1) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 83(1) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 83(2) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 83(2) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 83(2) amended 26 September 2002 section 20 Social Security (Personal Development and Employment) Amendment Act 2002 Section 83(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 83(2A) inserted 20 August 2012 section 15(2) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 83(3) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
83AA: Apportionment of benefit between spouses or partners: one is liable for proportion other obtained by fraud if that one knew, or ought to have known, about other's fraud
1: This section applies to the following situation:
a: a benefit is apportioned under section 83(1) or (2)
i: one proportion of the benefit ( proportion A A
ii: another proportion of the benefit ( proportion B B
iii: the person entitled to the benefit, for the purposes of section 83(1) and (2)
b: some or all of proportion A is—
i: an amount in excess of the amount to which A is by law entitled or to which A has no entitlement; and
ii: an amount obtained by fraud by A; and
iii: a debt referred to in section 85A section 86(1)
c: some or all of proportion B either is, or is not,—
i: an amount in excess of the amount to which B is by law entitled or to which B has no entitlement; and
ii: an amount obtained by fraud by B; and
iii: a debt referred to in section 85A section 86(1)
d: B either knew, or ought to have known (even if B did not know), of the fraud by A.
2: In the situation to which this section applies, B is jointly and severally liable for A's debt referred to in subsection (1)﻿(b), and that amount is a debt referred to in section 85A section 86(1)
3: This section does not limit or affect any civil or criminal liability under any other law—
a: of A for, or in respect of, the debt referred to in subsection (1)﻿(b); or
b: of B for, or in respect of, the debt referred to in subsection (1)﻿(c).
4: An amount is obtained by fraud by a person (whether A or B) for the purposes of this section if the person—
a: obtained that amount by fraud (and, for the purposes of this paragraph, fraud
i: made any statement knowing it to be false in any material particular; or
ii: knowingly said or did anything or omitted to do or say anything for the purpose of misleading any officer concerned in the administration of this Act); or
b: is convicted of a specified offence (as defined in section 127A(5)
5: Subsection (4) does not limit—
a: the generality of the references in subsection (1) to fraud; or
b: the operation of section 49 Section 83AA inserted 7 July 2014 section 7 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014
83A: Tax on benefits
1: This section applies where any instalment or a payment of an income-tested benefit is a source deduction payment.
2: Where this section applies, the chief executive may, instead of making a tax deduction from the source deduction payment, pay to the Commissioner of Inland Revenue, at such time as the Commissioner determines in consultation with the chief executive, an amount for income tax payable on that payment, calculated in accordance with subsection (3).
3: The amount for income tax payable on a source deduction payment is the amount of the tax deduction that would be made, at the rate determined under the appropriate specified provision, if the payment were increased by an amount that, after the tax deduction were made, would result in an amount equal to the source deduction payment.
4: An amount for income tax paid to the Commissioner under subsection (2) must,—
a: for the purposes of this Act, be considered to be a payment of a benefit, within the meaning of that term in section 3(1)
b: for the purposes of—
i: the Income Tax Act 1976
ii: the Income Tax Act 1994
iii: the Income Tax Act 2004
iv: the Income Tax Act 2007
5: If, as a result of the review, suspension, cancellation, or termination of an income-tested benefit, the chief executive determines that an amount for tax on the benefit has been paid in accordance with this section to the Commissioner in excess of the amount that is properly payable under this section, the chief executive may not recover the excess amount under sections 85A 86
a: making an adjustment to any amount subsequently payable to the Commissioner under subsection (2) in respect of the source deduction payments for that or any other benefit payable to that beneficiary; or
b: making such other arrangements for its refund as are agreed with the Commissioner.
6: In this section,— income-tested benefit section 2 of the Income Tax Act 1976 section OB 1 of the Income Tax Act 1994 section OB 1 or section YA 1 section 3(1) source deduction payment section 2 of the Income Tax Act 1976 section OB 1 of the Income Tax Act 1994 section OB 1 and includes a PAYE income payment, as that term is defined in section RD 3 specified provision
a: the fourth proviso to section 343(1) of the Income Tax Act 1976
b: the fourth proviso to section NC 6(1) of the Income Tax Act 1994
c: section NC 6(1D) of the Income Tax Act 1994
d: section NC 6(1D)
e: section RD 11(3) Section 83A inserted 15 April 2005 section 12 Social Security (Social Assistance) Amendment Act 2005 Section 83A(4)﻿(b)﻿(iii) replaced 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 83A(4)﻿(b)﻿(iv) inserted 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 83A(5) amended 7 July 2014 section 22 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 83A(6) income-tested benefit amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 83A(6) source deduction payment amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 83A(6) specified provision replaced 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 83A(6) specified provision inserted 1 April 2008 section ZA 2(1) Income Tax Act 2007
84: Benefits to be inalienable
1: Subject to the provisions of the Family Benefits (Home Ownership) Act 1964 or the Child Support Act 1991 or the Student Loan Scheme Act 2011 and of section 82 or 179(5)
2: Every person commits an offence, and is liable on $100 where that demand, acceptance, acknowledgment, or undertaking would constitute
3: 1938 No 7 s 69 1945 No 11 s 30 1958 No 46 s 27 Section 84(1) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 84(1) amended 1 April 2012 section 223 Student Loan Scheme Act 2011 Section 84(1) amended 1 July 1992 Social Security Amendment Act (No 5) 1991 Section 84(1) amended 1 April 1992 section 89 Student Loan Scheme Act 1992 Section 84(1) amended 11 October 1978 section 24(a) Social Security Amendment Act 1978 Section 84(1) repealed 11 October 1978 section 24(b) Social Security Amendment Act 1978 Section 84(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 84(2) amended 7 June 1967 Social Security Amendment Act 1967 Section 84(3) repealed 1 April 1991 section 35 Social Security Amendment Act 1991
84A: Payment of benefit not to restrict right to maintenance
The payment of a benefit under this Act
a: to take away or restrict any liability imposed by the Family Proceedings Act 1980 Child Support Act 1991
b: to affect the power of a court to make any maintenance order under the Family Proceedings Act 1980
c: to affect the power of the Commissioner of Inland Revenue to make an assessment of child support or domestic Child Support Act 1991
d: to affect the power of a court to make an order under the Child Support Act 1991 Section 84A replaced 1 July 1992 Social Security Amendment Act (No 5) 1991 Section 84A amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 84A(c) amended 26 April 2005 section 3 Social Security Amendment Act 2005
85: Termination of benefit on death of beneficiary
Section 85 repealed 28 September 1982 section 15(1) Social Security Amendment Act 1982
85A: Payments that are debts due to the Crown
: general The following payments or other sums are debts due to the Crown:
a: any penalty payable under this Act:
b: any benefit paid conditionally or provisionally under this Act that a person has become liable to repay (by direction of the chief executive or otherwise):
c: any advance payment of a benefit made to a person under section 82(6)
d: any money paid to or for the credit of a person as a grant of special assistance under a welfare programme approved under section 124(1)﻿(d)
i: paid as a recoverable grant of assistance; or
ii: otherwise recoverable from that person under the terms and conditions of the programme:
e: any amount described by this Act as a debt due to the Crown from the person:
f: a sum (an overpayment or Part 6 Part 1 New Zealand Superannuation and Retirement Income Act 2001
i: that is in excess of the amount to which the person is entitled; or
ii: to which the person has no entitlement. Section 85A inserted 26 September 2002 section 21 Social Security (Personal Development and Employment) Amendment Act 2002 Section 85A heading amended 7 July 2014 section 8 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 85A(f) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 85A(f) amended 5 December 2013 section 15(5)﻿(i) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 85A(f) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 85A(f) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003
85B: Payments that are debts due to the Crown: examples
1: Debts referred to in section 85A(a) section 86(2)
2: Debts referred to in section 85A(b)
a: an amount directed to be repayable under section 60H(6)﻿(b)
b: an amount the person granted a benefit is liable to repay under section 61CC(2)﻿(a) section 85A(b)
c: an amount recoverable under section 80BB(5)
d: an amount recoverable under section 80BC(3)
e: an amount the person participating in approved activities is liable to repay under section 123B
3: Debts referred to in section 85A(b)
a: an amount recoverable under section 68A(5)
b: an amount recoverable under section 71(1)﻿(b)
4: Debts referred to in section 85A(e)
a: an excess amount recoverable under section 86(3)
b: an excess amount recoverable under section 86(4)
c: an excess amount recoverable under section 86(5)
d: an excess amount recoverable under section 86AA(5)
5: Debts referred to in section 85A(f)
a: an amount recoverable under section 86 86AA
b: amounts recoverable under section 86E(2)
c: an amount recoverable under section 86I(3)
d: an amount that regulations made under section 132AC(1)﻿(i) section 85A(f)
6: This section does not limit the generality of section 85A Section 85B inserted 7 July 2014 section 9 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014
86: Recovery of payments made in excess of authorised rates
Chief executive's duty to recover debt in section 85A
1: The chief executive is under a duty imposed by this subsection to take all reasonably practicable steps to recover a debt referred to in section 85A
1A: Subsection (1) is subject to the following:
a: subsections (9A) and (9B) (debts caused wholly or partly by errors to which debtors did not intentionally contribute):
b: any regulations (providing for remittance or suspension of debt) made under section 132G
c: the debt falling within any 1 or more classes, descriptions, or kinds of debts specified in a written determination made by the chief executive for the purposes of this paragraph as debts that it is uneconomic to recover:
d: the debt falling within any 1 or more classes, descriptions, or kinds of debts specified in a written authorisation given jointly by the Minister and by the Minister of Finance for public finance purposes generally as debts that are to be written off.
1B: Nothing in section 74B
1BA: In performing the duty imposed by subsection (1), the chief executive—
a: must determine from time to time the rate of recovery and method or methods of recovery to be used and, in doing so, must have regard to all relevant considerations, including, without limitation, any identified in directions under subsection (1BC); and
b: may from time to time, if satisfied of the existence in the particular case of circumstances of a kind identified by directions under subsection (1BC), defer temporarily recovery of the debt.
1BB: The method or methods of recovery that the chief executive may determine is or are to be used are as follows:
a: bring proceedings in the name of the chief executive:
b: deduct all or part of that debt from any amount payable to that person by the department as a benefit or a student allowance:
c: for a debt referred to in section 85A(d) section 124(1)﻿(d)
1BC: The Minister must give to the chief executive, and ensure that there are in force (as from time to time amended or replaced) at all times on and after the commencement of the Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014
a: identify for subsection (1BA)﻿(a) considerations that differ, or that contemplate different rates of recovery, or methods of recovery, or both, for determinations in respect of different kinds of debts referred to in section 85A
b: identify for subsection (1BA)﻿(b) different kinds of circumstances for different kinds of debts referred to in section 85A
1BD: Directions under subsection (1BC)—
a: must as soon as practicable after they are given be published by the Minister in the Gazette Legislation Act 2012
b: are disallowable instruments for the purposes of the Legislation Act 2012
1C:
1D:
1E:
1F: Recovery of penalty from beneficiary who obtains by fraud amount in excess of entitlement
2: Subject to subsections (2A) and (2B), if any person has obtained any payment or received any credit or advance referred to in section 85A chief executive chief executive or student allowance this Act Part 6 or under the New Zealand Superannuation and Retirement Income Act 2001
2A: The chief executive shall not impose any penalty on any person under subsection (2)—
a: unless the chief executive has given to the person written notice—
i: specifying the intention to impose a penalty under that subsection and the amount proposed to be imposed by way of penalty; and
ii: specifying the particulars of fact on which the intention is based; and
iii: stating the person has 5 working days from the receipt of the notice to show cause why the action should not be taken; and
b: if that person has been prosecuted and dealt with for any offence arising out of the same circumstances that gave rise to liability under that subsection; and
c: until the expiration of those 5 working days.
2B: Where the chief executive imposes any penalty under subsection (2), no action to recover that penalty shall be taken until any review of that decision under section 10A section 12J
2C: In subsection (2), a person shall be considered to have obtained a payment or credit or advance by fraud if that person has made any statement knowing it to be false in any material particular, or has knowingly said or done anything or omitted to do or say anything for the purpose of misleading any officer concerned in the administration of this Act, for the purpose of obtaining a payment or credit or advance under this Act, as a result of which that person received that payment or credit or advance. Recovery from spouse or partner who makes false statement to or otherwise misleads department of excess amount beneficiary obtained
3: If, in the opinion of the chief executive spouse or partner this Act , in relation to any matter, spouse or partner chief executive or student allowance spouse or partner
3A: Subsection (3) enables recovery from the spouse or partner on the basis that he or she is jointly and severally liable, and therefore does not limit or affect—
a: recovery under section 85A(e) or (f)
b: any other civil or criminal liability of the beneficiary, under any other laws, in respect of that excess amount. Recovery from estate of deceased beneficiary of excess amount beneficiary obtained
4: If on the death of any beneficiary he is found to have been disqualified for any reason, including the receipt of any income or the possession of any property, from obtaining the benefit granted to him or from obtaining a benefit of the amount granted to him, an amount, to be assessed by the chief executive due chief executive Recovery from estate of beneficiary's deceased spouse or partner of excess amount beneficiary obtained
5: If on the death of the spouse or partner chief executive due spouse or partner chief executive Making, notice, and review of assessment of amount under subsection (4) or (5)
6: For the purpose of determining for the purposes of subsection (4) or subsection (5) the total amount paid to a beneficiary by way of benefit in excess of the amount (if any) to which he or she was by law entitled, any property that was in the possession of the beneficiary or of the spouse or partner the District Court chief executive
7: Notice in writing of every assessment by the chief executive spouse or partner the District Court chief executive
8: The following provisions shall apply with respect to every such application:
a: the court shall have jurisdiction with respect to the application irrespective of the amount of the assessment:
b: the application shall not be heard in open court:
c: the court may receive as evidence any statement, document, information, or matter that may in its opinion assist the court to deal effectively with the application, whether or not the same would be otherwise admissible in a court of law:
d: in determining the application, the court shall accept any date determined by the chief executive
9: In determining any such application, the court may either confirm or cancel the assessment or increase or reduce the amount thereof or make such order as it considers just and equitable in the circumstances. Debts caused wholly or partly by errors to which debtors did not intentionally contribute
9A: The chief executive may not recover any sum comprising that part of a debt that was caused wholly or partly by an error to which the debtor did not intentionally contribute if—
a: the debtor—
i: received that sum in good faith; and
ii: changed his or her position in the belief that he or she was entitled to that sum and would not have to pay or repay that sum to the chief executive; and
b: it would be inequitable in all the circumstances, including the debtor's financial circumstances, to permit recovery.
9B: In subsection (9A), error
a: means—
i: the provision of incorrect information by an officer of the department:
ii: any erroneous act or omission of an officer of the department that occurs during an investigation under section 12
iii: any other erroneous act or omission of an officer of the department; but
b: does not include the simple act of making a payment to which the recipient is not entitled if that act is not caused, wholly or partly, by any erroneous act or omission of an officer of the department. Approved welfare programmes: special assistance payments
9C: This section and section 86AA section 124(2A)
a: as if it were made by way of benefit under Parts 1A to 1P
b: as if the person to whom the payment was made were a beneficiary entitled to a benefit of the amount determined under section 124(2A)﻿(b)
10: 1938 No 7 ss 71, 75(1)﻿(b), (2) Section 86(1) heading inserted 7 July 2014 section 10(1) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(1) replaced 7 July 2014 section 10(1) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(1A) replaced 7 July 2014 section 10(1) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(1B) replaced 26 September 2002 section 22(1) Social Security (Personal Development and Employment) Amendment Act 2002 Section 86(1B) amended 1 March 2017 section 9(2) Property Law Amendment Act 2016 Section 86(1BA) inserted 7 July 2014 section 10(2) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(1BB) inserted 7 July 2014 section 10(2) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(1BC) inserted 7 July 2014 section 10(2) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(1BD) inserted 7 July 2014 section 10(2) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(1C) repealed 26 September 2002 section 22(1) Social Security (Personal Development and Employment) Amendment Act 2002 Section 86(1D) repealed 26 September 2002 section 22(1) Social Security (Personal Development and Employment) Amendment Act 2002 Section 86(1E) repealed 30 April 2007 section 23(2) Social Security (Personal Development and Employment) Amendment Act 2002 Section 86(1F) repealed 30 April 2007 section 23(2) Social Security (Personal Development and Employment) Amendment Act 2002 Section 86(2) heading inserted 7 July 2014 section 10(3) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(2) replaced 30 June 1993 section 25(2) Social Security Amendment Act (No 3) 1993 Section 86(2) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 86(2) amended 5 December 2013 section 15(6)﻿(c) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 86(2) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 86(2) amended 26 September 2002 section 22(3) Social Security (Personal Development and Employment) Amendment Act 2002 Section 86(2) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 86(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 86(2) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 86(2A) inserted 30 June 1993 section 25(2) Social Security Amendment Act (No 3) 1993 Section 86(2A) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 86(2A)﻿(a) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 86(2B) inserted 30 June 1993 section 25(2) Social Security Amendment Act (No 3) 1993 Section 86(2B) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 86(2C) inserted 30 June 1993 section 25(2) Social Security Amendment Act (No 3) 1993 Section 86(3) heading inserted 7 July 2014 section 10(4) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(3) amended 7 July 2014 section 10(5) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(3) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 86(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 86(3) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998 Section 86(3) amended 23 June 1987 section 2(3)﻿(c) Social Security Amendment Act 1987 Section 86(3A) inserted 7 July 2014 section 10(6) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(4) heading inserted 7 July 2014 section 10(7) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(4) amended 7 July 2014 section 10(8) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(4) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 86(4) amended 23 June 1987 section 2(3)﻿(c) Social Security Amendment Act 1987 Section 86(5) heading inserted 7 July 2014 section 10(9) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(5) amended 7 July 2014 section 10(10) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(5) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 86(5) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 86(5) amended 23 June 1987 section 2(3)﻿(c) Social Security Amendment Act 1987 Section 86(6) heading inserted 7 July 2014 section 10(11) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(6) amended 1 March 2017 section 261 District Court Act 2016 Section 86(6) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 86(6) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 86(7) amended 1 March 2017 section 261 District Court Act 2016 Section 86(7) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 86(7) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 86(8)﻿(d) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 86(9A) heading inserted 7 July 2014 section 10(12) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(9A) replaced 26 September 2002 section 22(4) Social Security (Personal Development and Employment) Amendment Act 2002 Section 86(9B) inserted 26 September 2002 section 22(4) Social Security (Personal Development and Employment) Amendment Act 2002 Section 86(9C) heading inserted 7 July 2014 section 10(13) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(9C) inserted 7 July 2014 section 10(13) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86(10) repealed 1 April 1991 section 36 Social Security Amendment Act 1991
86AA: Recovery from spouse or partner of unapportioned excess amount beneficiary obtained by fraud
1: Beneficiary
a: who has obtained any payment, or received any credit or advance, referred to in section 85A
b: who, in the chief executive's opinion, obtained that payment or credit or advance in excess by fraud.
2: An amount is obtained by fraud by a person for the purposes of subsection (1) if the person—
a: obtained that amount by fraud (and, for the purposes of this paragraph, fraud
i: made any statement knowing it to be false in any material particular; or
ii: knowingly said or did anything or omitted to do or say anything for the purpose of misleading any officer concerned in the administration of this Act); or
b: is convicted of a specified offence (as defined in section 127A(5)
3: Subsection (1) does not limit—
a: the generality of the references in subsection (1) to fraud; or
b: the operation of section 49
4: Subsection (5) does not apply to the beneficiary's spouse or partner unless none of the amount in excess has been apportioned to him or her under section 83(1) or (2)
a: knowingly benefited directly or indirectly from the beneficiary's fraud; or
b: ought to have known (even if the spouse or partner did not know) that the spouse or partner was benefiting directly or indirectly from the beneficiary's fraud.
5: The amount in excess that the beneficiary obtained by the beneficiary's fraud is a debt due to the Crown under section 85A(e) or (f) section 86(1)
6: Subsection (5) enables recovery from the spouse or partner on the basis that he or she is jointly and severally liable, and therefore does not limit or affect—
a: recovery under sections 85A(e) or (f) 86(1)
b: any other civil or criminal liability of the beneficiary, under any other laws, in respect of that excess amount.
7: Section 86(2) section 124(2A)
a: as if it were made by way of benefit under Parts 1A to 1P
b: as if the person to whom the payment was made were a beneficiary entitled to a benefit of the amount determined under section 124(2A)﻿(b) Section 86AA inserted 7 July 2014 section 11 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014
86A: Deduction notices for debt
1: If an amount of money that is a debt due to the Crown referred to in section 85A section 86(1) section 86(2B) section 86(2) chief executive
a: on his or her or its own account; or
b: as an agent; or
c: as a trustee; or
d: for any other reason— to the person from whom that money may be recovered as a debt due to the Crown (in this section and in sections 86C to 86I debtor
1A: For the avoidance of doubt, it is declared that a deduction notice may be issued under subsection (1), despite the fact that the debt to the Crown under this Act may not be recovered by civil action in a court of law because of the Limitation Act 2010
1B: A deduction notice may be issued under subsection (1) to the Accident Compensation Corporation requiring the Corporation to deduct the amount due from any weekly compensation in respect of loss of earnings or loss of potential earning capacity that is payable, or becomes payable, to the debtor by the Corporation under the Accident
1C: A deduction notice under subsection (1) may be issued to recover—
a: any amount that may be recovered as a debt due to the Crown under section 27X section 256(1)
b: any amount of maintenance debt (within the meaning of section 61CA
2: The chief executive chief executive some other reasonably practicable steps chief executive
3: The chief executive
a: whether the deduction is to be made as a lump sum or by instalments; and
b: the time or times by which the person to whom the deduction notice is issued must pay the amounts deducted to the department; and
c: the date on which the deduction notice shall take effect, being a date not earlier than the date on which it was issued.
4: The chief executive chief executive
5: The chief executive
6: Every person to whom a deduction notice is issued shall, on request, issue to the debtor a statement in writing of any amount deducted, and of the purpose for which it was made.
7: Every deduction notice shall be subject to sections 86G to 86I Section 86A replaced 30 June 1993 section 26 Social Security Amendment Act (No 3) 1993 Section 86A(1) amended 7 July 2014 section 23(1) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86A(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 86A(1A) inserted 17 September 1997 section 23(2) Social Security Amendment Act (No 4) 1997 Section 86A(1A) amended 1 January 2011 section 58 Limitation Act 2010 Section 86A(1B) replaced 1 April 2002 section 337(1) Accident Compensation Act 2001 Section 86A(1B) amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010 Section 86A(1C) inserted 17 September 1997 section 23(2) Social Security Amendment Act (No 4) 1997 Section 86A(2) amended 7 July 2014 section 23(2) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86A(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 86A(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 86A(4) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 86A(5) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
86B: Issue of deduction notice to State sector employer
Where a debtor is employed within a department (within the meaning of the State Sector Act 1988 section 86A(1) Section 86B replaced 30 June 1993 section 26 Social Security Amendment Act (No 3) 1993
86C: Discharge of debt
Where a person to whom a deduction notice has been issued deducts, pursuant to the notice, any money payable to a debtor, the debtor is, to the extent of the amount deducted, discharged from his or her debt due to the Crown under section 86(1) Section 86C replaced 30 June 1993 section 26 Social Security Amendment Act (No 3) 1993 Section 86C amended 7 July 2014 section 24 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014
86D: Deduction notices issued on banks
1: Where the person to whom the deduction notice is issued is a bank, any money held by the bank to the credit of the debtor shall be subject to the provisions of section 86A(1) section 86
2: For the purposes of this section, bank Banking Act 1982 Friendly Societies and Credit Unions Act 1982 Building Societies Act 1965 Reserve Bank of New Zealand Act 1989
3: For the purposes of this section, money held by the bank to the credit of the debtor
a: the deposit or depositing is on current account:
b: the money is to be at interest at a fixed term or without limitation of time:
c: the debtor has made any application to withdraw or uplift the money.
4: For the purposes of this section, money—
a: that is held in a joint bank account in the name of the debtor and 1 or more other persons; and
b: that can be withdrawn from the account by or on behalf of the debtor without a signature being required at the time of that withdrawal from, or on behalf of, the other person or persons— is deemed to be money that is on deposit with a bank to the credit of the debtor. Section 86D replaced 30 June 1993 section 26 Social Security Amendment Act (No 3) 1993
86E: Deductions held in trust
1: Any person who makes a deduction pursuant to a deduction notice shall be deemed to be acting—
a: on the authority of the debtor and any other person concerned; and neither the debtor nor that person shall have any claim against the person making the deduction, or the Crown, in respect of that deduction; and
b: on behalf of the Crown
2: Any amounts deducted must be held in trust for the Crown, and are debts due to the Crown under section 85A(f) section 86(1)
3: Any holding and recovery in accordance with subsection (2) is without prejudice to any other remedies against the debtor or any other person. Section 86E replaced 30 June 1993 section 26 Social Security Amendment Act (No 3) 1993 Section 86E(1)﻿(b) amended 7 July 2014 section 25(1) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86E(2) inserted 7 July 2014 section 25(2) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 86E(3) inserted 7 July 2014 section 25(2) Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014
86F: Offences in relation to deduction notices
Every person commits an offence and shall be liable on
a: fails to make any deduction required by a deduction notice; or
b: fails, after making a deduction, to pay the amount deducted to the department within the time specified in the notice; or
c: permits payment to or on behalf of any person, other than the department, of any amount held in trust for the Crown under section 86D section 86E Section 86F replaced 30 June 1993 section 26 Social Security Amendment Act (No 3) 1993 Section 86F amended 1 July 2013 section 413 Criminal Procedure Act 2011
86G: Protected earnings
1: Notwithstanding anything in sections 86A to 86F 86H 86I ordinary weekly pay
2: For the purposes of this section, the debtor's ordinary weekly pay for a week section 8 amount of tax required to be withheld or deducted in accordance with the PAYE rules of the Income Tax Act 2007 Section 86G replaced 30 June 1993 section 26 Social Security Amendment Act (No 3) 1993 Section 86G(1) amended 1 April 2004 section 91(2) Holidays Act 2003 Section 86G(2) replaced 1 April 2004 section 91(2) Holidays Act 2003 Section 86G(2) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
86H: Variation or discharge of deduction notice
1: If a person to whom a deduction notice is issued or a debtor considers that a deduction notice has been issued in error, or contains an error, that person or the debtor may bring the matter to the notice of the office of the department from which the notice was issued.
2: If the matter is not rectified to the satisfaction of that person or the debtor, as the case may require, within 5 working days after the day on which that person or the debtor brings the matter to the notice of that office of the department, that person or the debtor may apply ex parte a Registrar of the District Court
3: Where the Registrar is satisfied that an error has been made and the notice ought to be varied or discharged, the Registrar may vary or discharge the notice.
4: The variation or discharge shall take effect when notice of it is served on the person in accordance with section 86J
5: The Registrar shall forthwith send a copy of the variation or discharge of the notice by registered letter to the office of the department from which the notice was issued. Section 86H replaced 30 June 1993 section 26 Social Security Amendment Act (No 3) 1993 Section 86H(2) amended 1 March 2017 section 261 District Court Act 2016
86I: Penalty for late deductions
1: Where any person to whom a deduction notice has been issued fails wholly or in part to—
a: make any deduction required to be made by the notice; or
b: pay any amount deducted pursuant to the notice to the department by the time specified in the notice,— that person shall be liable to pay to the department a penalty calculated as follows:
c: on the amount in default, the greater of 10% of that amount or $5:
d: for each additional month or part of a month the amount in default or any part thereof that has not been deducted or, as the case may be, has not been paid to the department, a further penalty of the greater of 2% of that amount or part thereof or $1.
2: Where any penalty is payable by any person under subsection (1), the chief executive chief executive
3: An amount payable to the department under subsection (1) is a debt due to the Crown under section 85A(f) section 86(1) Section 86I replaced 30 June 1993 section 26 Social Security Amendment Act (No 3) 1993 Section 86I(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 86I(3) amended 7 July 2014 section 26 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014
86J: Notices
1: Every notice given to any person under this Act
a: in the case of a natural person (other than an officer or employee in the service of the Crown in his or her official capacity)—
i: personally; or
ii: by leaving it at that person's usual or last known place of residence or business or at the address specified by that person in any application or other document received from that person; or
iii: by posting it in a letter addressed to that person at that place of residence or business or at that address:
b: in the case of any other person, including an officer or employee in the service of the Crown in his or her official capacity,—
i: where applicable, personally; or
ii: by leaving it at that person's place of business; or
iii: by posting it in a letter addressed to that person at that place of business.
2: If any such notice is sent to any person by post, then, in the absence of evidence to the contrary, the notice shall be deemed to have been received by that person on the fourth day after the day on which it is posted, and, in proving the delivery, it shall be sufficient to prove the letter was properly addressed and posted. Section 86J replaced 30 June 1993 section 26 Social Security Amendment Act (No 3) 1993 Section 86J(1) amended 1 July 1998 section 2(3) Social Security Amendment Act 1998
86K: Validation of benefit payments and other payments in respect of certain children in care
1: This section applies to any payment before the commencement of this section of a benefit or other assistance under this Act to a person in respect of a child who is a dependent child within the meaning of paragraph (c) of the definition of that term in section 3(1) section 4(1)
2: The payment must be taken to be, and to always have been, as valid and authorised as if that definition were in force, and applied in respect of the payment, when it was made. Section 86K replaced 24 August 2010 section 17 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010
2: Jobseeker support, and administration: assessing work ability, work-testing, and sanctions
Part 2 replaced 1 October 1998 section 53 Social Security Amendment Act 1998 Part 2 heading replaced 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
87: Purposes of this Part
Section 87 repealed 1 July 2001 section 19 Social Security Amendment Act 2001
88: Overview of this Part
Section 88 repealed 1 July 2001 section 19 Social Security Amendment Act 2001 Definitions of terms in this Part Heading inserted 15 July 2013 section 124 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
88A: Interpretation
In this Part, unless the context otherwise requires,— controlled drug section 2(1) drug test evidential drug test
a: a standard for drug tests for evidential purposes; and
b: a New Zealand standard, joint Australian/New Zealand standard, or other national or international standard; and
c: prescribed (whether under sections 29 to 32 section 132 fail
a: if the drug test is a screening drug test or an evidential drug test, not to pass the drug test; or
b: if the drug test is an evidential drug test, to waive in the situation specified in section 102B(4) job-search activity pass
a: if the drug test is a screening drug test, does not indicate 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
b: if the drug test is an evidential drug test, does not detect 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 recognised community activity screening drug test
a: may indicate the presence in the person’s body of 1 or more controlled drugs; and
b: is quicker, less formal, and less expensive than, and is designed for use in conjunction with, a drug test for evidential purposes; and
c: complies with a standard that is—
i: a standard for drug tests for screening purposes; and
ii: a New Zealand standard, joint Australian/New Zealand standard, or other national or international standard; and
iii: prescribed (whether under sections 22 to 25 section 132 voluntary work Section 88A inserted 1 July 2001 section 19 Social Security Amendment Act 2001 Section 88A activity in the community repealed 2 July 2007 section 14(1)﻿(a) Social Security Amendment Act 2007 Section 88A controlled drug inserted 15 July 2013 section 42 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 88A drug test inserted 15 July 2013 section 42 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 88A evidential drug test inserted 15 July 2013 section 42 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 88A evidential drug test amended 1 March 2016 section 45(1) Standards and Accreditation Act 2015 Section 88A fail inserted 15 July 2013 section 42 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 88A job seeker agreement repealed 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 88A job seeker development activity repealed 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 88A pass inserted 15 July 2013 section 42 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 88A recognised community activity amended 2 July 2007 section 14(1)﻿(b) Social Security Amendment Act 2007 Section 88A screening drug test inserted 15 July 2013 section 42 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Jobseeker support Heading inserted 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
88B: Jobseeker support: standard eligibility requirements
1: A person is entitled to jobseeker support if he or she satisfies the criteria in subsections (2), (3), and (4), and—
a: is not in full-time employment, but—
i: is seeking it; and
ii: is available for it; and
iii: is willing and able to undertake it; and
iv: has taken reasonable steps to find it; or
b: is not in full-time employment, but would comply with subparagraphs (i) to (iv) of paragraph (a) but for circumstances that would qualify the person for an exemption under section 105
c: is not in full-time employment and is willing to undertake it but, because of sickness, injury, or disability, is limited in his or her capacity to seek, undertake, or be available for it; or
d: 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.
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 20 years
3: An applicant for jobseeker support must meet the residential requirements in section 74AA
4: An applicant for jobseeker support must have—
a: no income; or
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 person otherwise fulfils the conditions of entitlement to that benefit.
6: Nothing in subsection (1)﻿(a) or (4) affects the entitlement of a person receiving jobseeker support at the rate in clause 1(ab) or (ba) of Schedule 9 section 64(2A)
7: A sick or injured person ( A B Section 88B inserted 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 88B(2)﻿(b) amended 25 October 2016 section 14(2) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016
88C: Jobseeker support: grounds of hardship
1: The chief executive may grant jobseeker support under section 88B section 88B(1) and (2) section 88B
a: the person is suffering hardship; and
b: the person is not qualified to receive any other benefit; and
c: the person is unable to earn sufficient income to support the person and his or her spouse or partner and any dependent children.
2: The chief executive may, under the exception in section 88D(a) section 88B
3: The chief executive may, under the exception in section 88D(a) section 88B
a: any of paragraphs (a) to (c) of section 159(2)
b: the student is married or in a civil union or in a de facto relationship. Section 88C inserted 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
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 described in section 88C(2) or (3)
b: is unemployed because of a strike undertaken by himself or herself, or by fellow members of the same union at the same place of employment; or
c: became unemployed or took leave with or without pay from the person's employment for the purpose, in the opinion of the chief executive, of undertaking employment-related training. Section 88D inserted 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
88E: Jobseeker support: on ground of sickness, injury, or disability: medical examination
1: A person making an application for jobseeker support on the ground of sickness, injury, or disability (the applicant
2: A certificate complies with this subsection only if it is given—
a: by a medical practitioner in respect of any condition; or
b: by a dentist in respect of a condition that is within the ambit of his or her profession; or
c: by a midwife in respect of a pregnancy, childbirth, or any related condition that is within the ambit of his or her profession; or
d: by a health practitioner of a kind specified for the purposes of this paragraph in regulations made under section 132
3: A certificate complies with this subsection only if it—
a: certifies that the applicant's capacity for work is affected by sickness, injury, or disability; and
b: 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 effect is likely to last; and
c: 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 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 executive or, failing agreement, must be nominated by the chief executive.
5: The medical practitioner or psychologist must prepare, and must send the chief executive a copy of, a report that indicates—
a: whether the applicant's or beneficiary's capacity for work is affected by sickness, injury, or disability; and
b: the extent to which the applicant's or beneficiary's capacity for work is affected by the sickness, injury, or disability concerned; and
c: whether, and if so, for how long, that capacity is likely to continue to be affected by the sickness, injury, or disability concerned. Section 88E inserted 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
88F: Jobseeker support: obligations on beneficiaries
1: A person granted jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability) must (subject to sections 88J 105
2: The chief executive must after granting a person jobseeker support on the ground of sickness, injury, or disability, and may at any later time, determine whether the person has, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work (as defined in section 3(1)
3: A determination under subsection (2) must be made after having had regard to—
a: the relevant certificate, and any relevant report obtained, under section 88E
b: any relevant work ability assessment under sections 100B 100C
4: A determination under subsection (2) that the person granted jobseeker support 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 has the consequence that the person is required to comply with the work test on and after a date specified in a written notice (of the determination's making and effects) that the chief executive must give the person.
5: The date specified in a written notice under subsection (4),—
a: in the case of a new grant of jobseeker support, may be the date on which that benefit is first paid; but
b: 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 application 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 subsection (4).
7: A determination under subsection (2) that the person granted jobseeker support on the ground of sickness, injury, or disability has not, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work has the consequence that the person is entitled to (even if he or she has not sought one) a deferral under section 88I(6)
8: A person must comply with the person's social obligations under section 60RA(3)
a: is a person with 1 or more dependent children; and
b: is the person granted a benefit that is jobseeker support; and
c: is not a young person on whom obligations are placed under section 171(1) or (2) Section 88F inserted 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
88G: Jobseeker support: obligations of spouse or partner of person granted it
From the time that payment of the jobseeker support commences, the spouse or partner of a person granted jobseeker support,—
a: if the benefit is granted at a work-test couple rate, must comply with a requirement under section 60Q
b: if he or she is a person to whom section 60RA section 60RA(3)
c: if he or she is a work-tested spouse or partner, must comply with the work test. Section 88G inserted 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
88H: Jobseeker support: application for deferral of work test obligations
1: A person granted jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability) may apply to the chief executive for a deferral of all of the person's work test obligations on the grounds that he or she—
a: is a sole parent with a dependent child under the age of 1 year; and
b: is a recipient of jobseeker support instead of sole parent support under section 20D section 60GAE(1)
2: A person granted jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability) may apply to the chief executive for a deferral of all of 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: no capacity for work; or
b: capacity only for work that is less than part-time work (as defined in section 3(1)
3: The chief executive may require an applicant to verify any particulars relevant to an application under this section in such manner as the chief executive specifies either generally or specifically. Section 88H inserted 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
88I: Jobseeker support: chief executive's powers and duties to defer work test obligations
1: The chief executive may defer all of the beneficiary’s work test obligations if satisfied, on an application under section 88H(1) section 88H(1)
2: The chief executive may defer all of the beneficiary's work obligations if satisfied, on an application by the beneficiary under section 88H(2)
a: no capacity for work; or
b: capacity only for work that is less than part-time work (as defined in section 3(1)
3: A deferral under this section must be in writing and may be granted—
a: for a time set by the chief executive; or
b: on conditions set by the chief executive; or
c: for both a time and on conditions set by the chief executive.
4: The chief executive may grant to a beneficiary granted jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability) a deferral under this section on the ground set out in (as the case may be) section 88H(1) or (2)
5: A determination under subsection (1) or (2) must be made after having had regard to—
a: the relevant certificate, and any relevant report obtained, under section 88E
b: any relevant work ability assessment under sections 100B 100C
6: The chief executive must grant a deferral under this section to a person who is the subject of a determination of the kind referred to in section 88F(7)
7: The chief executive may from time to time review a deferral granted under this section, and may extend, vary, or revoke it. Section 88I inserted 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
88J: Jobseeker support: effect of deferral
While a deferral under section 88I
a: the work test obligations of the beneficiary concerned are deferred for the time specified in the deferral; and
b: sections 60P 60Q 60R Section 88J inserted 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
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 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 deferral.
3: This section does not limit or affect the obligation under section 105(5A) Section 88K inserted 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
88L: Jobseeker support: payment
1: Payment of jobseeker support commences in accordance with section 80
2: Jobseeker support must be paid in weekly instalments in accordance with section 82
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. Section 88L inserted 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
88M: Jobseeker support: rates
1: Jobseeker support must be paid to a person granted that benefit at the appropriate rate in Schedule 9
2: If no payment is made under this section in respect of the spouse or partner of a person granted jobseeker support, the 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
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
b: the application of section 117
c: a strike, either by himself or herself, or by fellow members 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 partner is the appropriate rate in clause 5 of Schedule 9 Section 88M inserted 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Unemployment benefit Heading repealed 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
89: Unemployment benefit Section 89 repealed 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
90: Unemployment benefit Section 90 repealed 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
91: Unemployment benefit Section 91 repealed 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
92: Community wage: application on grounds of sickness, injury, or disability
Section 92 repealed 1 July 2001 section 23 Social Security Amendment Act 2001
93: Community wage: determination of application
Section 93 repealed 1 July 2001 section 23 Social Security Amendment Act 2001
93A: Additional fees for general medical services on public holidays and at night
Section 93A repealed 1 October 1986 section 21(1) Social Security Amendment Act 1986
94: Community wage: job seeker contract
Section 94 repealed 1 July 2001 section 23 Social Security Amendment Act 2001
94A: Rural practice bonuses
Section 94A repealed 1 October 1986 section 21(1) Social Security Amendment Act 1986
95: Job seeker contract for other beneficiaries
Section 95 repealed 1 July 2001 section 23 Social Security Amendment Act 2001
96: Community wage: not payable until job seeker contract signed
Section 96 repealed 1 July 2001 section 23 Social Security Amendment Act 2001
96A: Unemployment benefit: pre-benefit activities
Section 96A repealed 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
96B: Department must explain obligations in relation to pre-benefit activities
Section 96B repealed 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
97: Unemployment benefit: obligations on beneficiaries
Section 97 repealed 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
97A: Immunisation benefit
Section 97A repealed 1 October 1986 section 21(1) Social Security Amendment Act 1986
98: Unemployment benefit: payment
Section 98 repealed 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
99: Unemployment benefit Section 99 repealed 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
99AA: Unemployment benefit: expiry
Section 99AA repealed 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
99AB: Unemployment benefit: requirements for re-grant
Section 99AB repealed 15 July 2013 section 43 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
99A: Transfer from community wage to unemployment benefit on 1 July 2001
Section 99A repealed 15 July 2013 section 125 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
100: Department's obligations in respect of work testing and community wage
Section 100 repealed 1 July 2001 section 28 Social Security Amendment Act 2001
100A: Extension of power of use by Crown of patented invention
Section 100A repealed 1 July 1993 section 24(1) Health Sector (Transfers) Act 1993 Work ability assessment Heading inserted 15 July 2013 section 44 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
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: sole parent support; or
b: a supported living payment (except as provided in subsection (2)); or
c: an emergency benefit; or
d: jobseeker support.
2: Subsection (1)﻿(b) does not apply to a person receiving a supported living payment on the ground of sickness, injury, or disability if, in the chief executive’s opinion,—
a: the person is terminally ill; or
b: the person has little or no capacity for work, and the person's condition is deteriorating or not likely to improve.
3: The chief executive may at any time require a person to whom subsection (1) applies to attend and participate in a work 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 kind of benefit:
b: if the person is in receipt of jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability), whether the person is entitled on an application under section 88H section 88I(4) section 88I
c: if the person is in receipt of jobseeker support granted on the ground of sickness, injury, or disability, whether the person has for the purposes of section 88F(2)
d: whether the person is entitled on an application under section 105 section 60Q
e: whether the person, being a person who is subject to work test obligations or work preparation obligations under section 60Q
f: what is suitable employment for the person for the purposes of section 102A(1)﻿(a), (b), or (c)
g: what are suitable activities for the person for the purposes of section 60Q(3) 102A(1)﻿(f)
h: 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 executive.
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: in reliance on that assessment; or
b: having regard to the assessment and to any alternative assessment under subsection (3). Section 100B inserted 15 July 2013 section 44 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
100C: Reassessment
1: The chief executive may from time to time reassess under section 100B section 100B(1) section 100B
2: A reassessment may be at a time, or after an interval, the chief executive thinks appropriate.
3: After a reassessment, the chief executive may determine the matter or matters in section 100B(3) Section 100C inserted 15 July 2013 section 44 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
100D: Assessment or reassessment: department must explain requirements
The chief executive must take reasonable and appropriate steps to make every person on whom requirements are imposed under section 100B sections 100B and 100C
a: those requirements; and
b: the consequences of failure to comply with those requirements. Section 100D inserted 15 July 2013 section 44 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Work test Heading replaced 1 October 1998 section 7 Social Security (Work Test) Amendment Act 1998
101: Purpose of sections 102 to 123D
The purpose of sections 102 to 123D
a: to ensure that work-tested beneficiaries maintain an unrelenting focus on entering, or returning to, employment:
b: to reinforce the continuing obligation of work-tested beneficiaries to take reasonable steps to support themselves and their families:
c: to identify the activities that work-tested beneficiaries may be required to undertake to meet their obligations arising from work-tested benefits being paid in respect of them:
d: to provide a work test structure applying to all work-tested beneficiaries that is sufficiently flexible to take account of an individual beneficiary's circumstances. Section 101 replaced 27 September 2010 section 19 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010
102: Application of work test
1: The work test applies to a person while he or she is a work-tested beneficiary, and unless subsection (2) applies, the person is subject to the obligations of the work test set out in section 102A
a: in the case of a person granted jobseeker support on the ground of sickness, injury, or disability, the date specified in the chief executive's notice under section 88F(4)
b: in any other case, the date on which the work-tested benefit is first paid.
2: The work test does not apply to a work-tested beneficiary if the chief executive is satisfied that the beneficiary is undertaking employment of the kind required to satisfy the work test for that beneficiary.
3: A work test obligation set out in section 102A
a: a day that is a day between Monday and Friday (inclusive); or
b: a day of the week on which regulations under this Act provide (in relation to the obligation, obligations that include it, or all obligations) that it applies. Section 102 replaced 27 September 2010 section 20 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 102(1) replaced 15 July 2013 section 107 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
102A: Work test obligations
1: The work test obligations are—
a: to be available for, and take reasonable steps to obtain, suitable employment; and
b: to accept any offer of suitable employment, including temporary employment or employment that is seasonal or subsidised; and
c: to attend and participate in an interview for any opportunity of suitable employment to which the beneficiary is referred by the chief executive; and
d: 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
e: when required by the chief executive, to undertake planning for employment; and
f: when required by the chief executive, to participate in or, as the case requires, undertake any of the following activities that the chief executive considers suitable for the beneficiary to improve the beneficiary's work-readiness or prospects for employment:
i: any work assessment specified by the chief executive:
ii: any programme or seminar specified by the chief executive to increase particular skills or enhance motivation:
iii: a work experience or work exploration activity specified by the chief executive:
iv: employment-related training specified by the chief executive:
v: any other activity specified by the chief executive (including rehabilitation but not medical treatment); and
g: to report to the department on his or her compliance with his or her work test obligations as often, and in the manner, as the chief executive from time to time reasonably requires.
h:
1A: The drug testing obligations under section 102B(1)
2: Subsection (1)﻿(f) applies whether or not a beneficiary is subject to a sanction for failing to comply with the work test.
3: A person cannot be required under subsection (1) to undertake activity in the community
4:
5: If the chief executive requires a beneficiary to undertake an activity under subsection (1)﻿(f), the chief executive must take reasonable steps to arrange for the beneficiary to undertake that activity. Section 102A replaced 27 September 2010 section 20 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 102A(1)﻿(g) amended 15 July 2013 section 131(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 102A(1)﻿(h) repealed 15 July 2013 section 131(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 102A(1A) inserted 15 July 2013 section 45 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 102A(3) amended 15 July 2013 section 131(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 102A(4) repealed 15 July 2013 section 131(4) Social Security (Benefit Categories and Work Focus) Amendment Act 2013
102B: Work test obligations: drug testing obligations
1: The drug testing obligations referred to in section 102A(1A)
a: of a kind described in subsection (2); and
b: requested, and undertaken, lawfully (in particular, for a lawful health or safety purpose, or other lawful purpose), even though the employer or provider is not authorised or required by or under this Act to compel the candidate to undertake it.
2: A drug test is of a kind described in this subsection for the purposes of subsection (1)﻿(a) if the drug test is—
a: a screening drug test of the candidate undertaken without any associated later evidential drug test of the candidate; or
b: an evidential drug test of the candidate if he or she has failed any associated prior screening drug test under paragraph (a); or
c: an evidential drug test of the candidate undertaken without any associated prior screening drug test of the candidate.
3: A drug test undertaken by a candidate for employment or training on a request by the potential employer or training provider is for the purposes of subsection (1)﻿(b) presumed to be requested, and undertaken, lawfully, unless the contrary is proved.
4: A candidate for employment or training is taken for the purposes of this Act to have failed an evidential drug test requested by a potential employer or a training provider if the candidate—
a: fails an associated prior screening drug test requested by the employer or provider; and
b: waives (in any manner) the evidential drug test.
5: For the purposes of subsection (1), the chief executive may, in the absence of evidence available to the chief executive and to the contrary effect, act on information given by the potential employer or training provider to the effect that a candidate has failed a screening drug test, an evidential drug test, or both. Section 102B inserted 15 July 2013 section 46 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
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: under section 102A(1)﻿(c)
b: that, under section 102A(1A) section 102B(1)
2: The employer providing the opportunity of suitable employment may, or may authorise the appropriate drug testing provider to, provide to the department (with or without the beneficiary's consent) the results of a screening drug test, an evidential drug test, or both if—
a: that employer has (in accordance with section 102B(1) to (3)
b: the beneficiary has by the specified time failed that drug test, or both of those drug tests.
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 section 102B(1) to (3)
a: is provided under subsection (2) with the results of that drug test or those drug tests; and
b: is satisfied that those results relate to the beneficiary, and that the beneficiary has failed that drug test or those drug tests.
4: Regulations made under section 132
a: different kinds of drug tests:
b: the same or different kinds of drug tests having been provided by different providers or by different agents or employees of the same or different providers.
5: Costs of a screening drug test requested (in accordance with section 102B(1) to (3) section 102B(1) to (3)
6: Costs reimbursed under subsection (3) are a debt due to the Crown from the beneficiary for the purpose of section 85A(e) Section 102C inserted 15 July 2013 section 46 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
102D: Work test obligations: drug testing obligations: challenging sanction based solely on failing screening drug test
1: This section applies to a beneficiary if—
a: an employer or a training provider has (in accordance with section 102B(1) to (3)
b: the beneficiary has failed that screening drug test; and
c: that employer or training provider has not (in accordance with section 102B(1) to (3)
d: a sanction is to be imposed on the beneficiary (the beneficiary's benefit is to be reduced, suspended, or cancelled), under section 117
2: The beneficiary may dispute the sanction to be imposed under section 117
3: A request under subsection (2) must be made by the beneficiary in writing in a form approved by the chief executive, and must be made—
a: after the beneficiary is given under section 113
b: after the beneficiary disputes the reduction, suspension, or cancellation (within the period for that purpose, of 5 working days from the giving of that written notice, that section 113(2)﻿(e)
c: within a period that starts when the beneficiary disputes the reduction, suspension, or cancellation, and is a reasonable period specified by the department for the purpose.
4: A request under subsection (2) must include the beneficiary's consent to the department contacting the employer or training provider and a drug testing provider to arrange for the evidential drug test of the sample, and must authorise the drug testing provider that does the evidential drug test of the sample to provide to the department the results of that evidential drug test.
5: The department may proceed to impose the appropriate sanction as if the beneficiary had not disputed the sanction if—
a: a request under subsection (2) does not include the consent and authorisation required by subsection (4); and
b: that consent and authorisation is not provided in the period specified under subsection (3)﻿(c).
6: If a request under subsection (2) is made to the department and includes the consent and authorisation required by subsection (4), then until the department is advised of the results of an evidential drug test of the beneficiary arranged by the department in accordance with the request,—
a: any sanction imposed under section 117
b: any failure for the purposes of sections 119 122(2)
c: the beneficiary is not liable under section 102C(6) section 102C(3)
7: The actual and reasonable costs incurred by a drug testing provider in doing an evidential drug test arranged by the department in accordance with a request under subsection (2) are payable by the department.
8: If the beneficiary fails an evidential drug test arranged by the department in accordance with a request under subsection (2), that failure is for the purposes of section 116B(1)﻿(e)
9: If the beneficiary fails an evidential drug test arranged by the department in accordance with a request under subsection (2), the following are a debt due to the Crown from the beneficiary for the purpose of section 85A(e)
a: the actual and reasonable costs incurred by a drug testing provider in doing that evidential drug test:
b: the actual and reasonable costs (if any) reimbursed to the employer under section 102C(3) Section 102D inserted 15 July 2013 section 46 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
102E: Work test obligations: drug testing obligations: use and communication of drug test results
Drug test results provided under, or under an authorisation given under, section 102B 102C 102D
a: may be used by the chief executive or the department for the purposes of, or for the purposes of a review or appeal against a decision under, that section and all or any of sections 116B 116C 117 119 122
b: must not be used or communicated by the chief executive or the department for any other purposes. Section 102E inserted 15 July 2013 section 46 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
103: Delayed application of work test: age of dependent child
Section 103 repealed 27 September 2010 section 21 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010
104: Delayed application of work test: bereavement or separation
Section 104 repealed 10 March 2003 section 25 Social Security (Personal Development and Employment) Amendment Act 2002
104A: Transitional provision dealing with deferrals
1: This section applies to a work-tested beneficiary who, immediately before 1 July 2001, was subject to a deferral of work test obligations granted under section 107
2: On and after 1 July 2001, the deferral becomes an exemption from the work test as if the exemption were granted under section 105
a: if the deferral was granted for a time, that time applies to the exemption; and
b: if the deferral was granted on conditions, those conditions apply to the exemption; and
c: if, in granting the deferral, the chief executive required the person to participate in 1 or more organised activities, that requirement continues to apply as if the organised activities were job seeker development activities Section 104A inserted 1 July 2001 section 31 Social Security Amendment Act 2001 Section 104A(2)﻿(c) amended 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010
105: Exemption from obligations
1: A person section 123D some or all of his or her work test obligations , or obligations under section 60Q or obligations under section 170 171
2: The chief executive may grant the exemption on any ground specified in regulations made for the purpose under section 123D
3: Before determining the application, the chief executive may require verification of matters relevant to the application in such manner as the chief executive specifies, either generally or specifically.
4: An exemption under this section may be granted—
a: for a time set by the chief executive; or
b: on conditions set by the chief executive; or
c: for both a time and on conditions set by the chief executive.
5: A beneficiary who has been granted an exemption from all of his or her work test obligations , or obligations under section 60Q or obligations under section 170 171 section 117 or (as the case requires) section 173 174
5A: A person who is, or is deemed to be, granted an exemption under this section
6: The chief executive may from time to time review an exemption granted under this section, and may extend, vary, or revoke it.
7: The chief executive may grant an exemption under this section whether or not a formal application is made by or on behalf of the person to whom it relates. Section 105 replaced 1 October 1998 section 7 Social Security (Work Test) Amendment Act 1998 Section 105(1) amended 15 July 2013 section 98(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 105(1) amended 15 October 2012 section 42(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 105(1) amended 20 August 2012 section 17(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 105(1) amended 27 September 2010 section 22(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 105(1) amended 15 November 2000 section 5(1) Social Security Amendment Act 2000 Section 105(5) replaced 1 July 2001 section 32 Social Security Amendment Act 2001 Section 105(5) amended 15 October 2012 section 42(2) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 105(5) amended 20 August 2012 section 17(2)﻿(a) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 105(5) amended 20 August 2012 section 17(2)﻿(b) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 105(5) amended 27 September 2010 section 22(2) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 105(5A) inserted 1 July 2001 section 32 Social Security Amendment Act 2001 Section 105(5A) amended 15 July 2013 section 126 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Job seeker agreements Heading repealed 27 September 2010 section 23 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010
105A: Description of job seeker agreement and responsibilities arising from it
Section 105A repealed 27 September 2010 section 23 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010
105B: Entering into and reviewing job seeker agreement
Section 105B repealed 27 September 2010 section 23 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010
105C: Department to explain to beneficiaries their rights and obligations
The chief executive must take reasonable and appropriate steps to make every work-tested beneficiary aware
a: his or her obligations arising from payment of a work-tested benefit; and
b:
c: the consequences of failure to comply with the work test and, in particular, the sanctions that may be imposed under section 117
d:
e: the beneficiary's rights under sections 10A 12J his or her work test obligations Section 105C inserted 1 July 2001 section 33 Social Security Amendment Act 2001 Section 105C amended 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 105C(b) repealed 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 105C(d) repealed 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 105C(e) amended 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010
105D: Job seeker contracts to have effect as job seeker agreements
Section 105D repealed 27 September 2010 section 23 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Deferral of work-test obligations Heading: repealed 1 July 2001 section 34 Social Security Amendment Act 2001
106: Application for deferral of work-test obligations
Section 106 repealed 1 July 2001 section 34 Social Security Amendment Act 2001
107: Chief executive may defer work-test obligations
Section 107 repealed 1 July 2001 section 34 Social Security Amendment Act 2001
108: Effect of deferral
Section 108 repealed 1 July 2001 section 34 Social Security Amendment Act 2001
109: Persons who are to notify change of circumstances affecting exemption or deferral
Section 109 repealed 1 July 2001 section 34 Social Security Amendment Act 2001 Job seeker development activities Heading repealed 27 September 2010 section 24 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010
110: Defining job seeker development activities
Section 110 repealed 27 September 2010 section 24 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010
111: Assistance provided by department
1: If, following a requirement under section 102(2)﻿(f) (before its repeal and substitution by section 20
2: If a beneficiary's job seeker agreement includes any other job seeker development activity, then the chief executive may take reasonable steps to arrange for the beneficiary to undertake that activity, but only if the chief executive considers the activity—
a: is suitable for the circumstances of the beneficiary; and
b: is likely to improve his or her employment prospects.
3: If a beneficiary's job seeker agreement includes a recognised community activity, the chief executive may take reasonable steps to arrange for the beneficiary to undertake the recognised community activity, but only if—
a: the chief executive considers the recognised community activity is suitable for the beneficiary to undertake; and
b: there are no job seeker development activities or other activities specified in the agreement that would be more suitable for the beneficiary to undertake.
4: If a beneficiary's job seeker agreement specifies other assistance that the department will give the beneficiary, then the chief executive must provide that specified assistance, subject to any conditions set out in the job seeker agreement.
5: This section applies only in respect of a beneficiary to whom section 102A(1)﻿(h) Section 111 replaced 1 July 2001 section 35 Social Security Amendment Act 2001 Section 111(1) amended 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 111(5) inserted 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Obligation to accept offer of employment Heading repealed 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010
112: Organised activities to have effect as job seeker development activities
Section 112 repealed 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Sanctions regime Heading inserted 1 October 1998 section 7 Social Security (Work Test) Amendment Act 1998
113: Procedure for imposing sanctions
1: This section applies where a sanction is to be imposed on a beneficiary under section 117
2: Where this section applies, the chief executive must not reduce or
a: stating that the beneficiary has failed to comply with a specified obligation under this Act; and
b: specifying the nature of that non-compliance; and
c: stating that, on the basis of that non-compliance, the chief executive is reducing, suspending,
d: specifying a date on which the reduction, suspension, or cancellation is to take effect, and, in the case of a reduction or suspension, the nature and duration of the reduction or suspension; and
e: stating that the beneficiary has 5 working days from the giving of the notice to dispute the reduction, suspension, or cancellation; and
f: advising the beneficiary to contact the department if the beneficiary wants to dispute or discuss the decision to reduce or
g: containing a clear statement of the beneficiary's right, under section 10A
2A: A notice given under this section to a beneficiary who on 2 or more occasions has failed to comply with 1 or more (whether the same or different) specified obligations under this Act may relate to and include those 2 or more failures, but for the purposes of sections 117 119
a: all the 2 or more failures included in the notice (so long as at least 2 of them are not disputed by the beneficiary) are treated as 1 failure; and
b: the beneficiary must be sanctioned on that basis of that 1 failure (as a first, second, or third failure).
3: The reduction, suspension, Section 113 replaced 1 October 1998 section 7 Social Security (Work Test) Amendment Act 1998 Section 113(1) amended 1 July 2001 section 43(4)﻿(a) Social Security Amendment Act 2001 Section 113(2) amended 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 113(2) amended 1 July 2001 section 43(4)﻿(b) Social Security Amendment Act 2001 Section 113(2)﻿(c) amended 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 113(2)﻿(c) amended 1 July 2001 section 43(4)﻿(b) Social Security Amendment Act 2001 Section 113(2)﻿(d) replaced 12 December 2012 section 5 Social Security Amendment Act (No 2) 2012 Section 113(2)﻿(e) replaced 12 December 2012 section 5 Social Security Amendment Act (No 2) 2012 Section 113(2)﻿(f) amended 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 113(2)﻿(f) amended 1 July 2001 section 43(4)﻿(b) Social Security Amendment Act 2001 Section 113(2A) inserted 15 July 2013 section 47 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 113(3) amended 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 113(3) amended 1 July 2001 section 43(4)﻿(b) Social Security Amendment Act 2001
114: Notices
A notice may be given under section 113
a: by delivering it to that person personally; or
b: by leaving it—
i: at that person's usual or last known place of residence or business; or
ii: at the address given by that person in the most recent application or other document received from that person,— in which case the notice is given when it is left for that person; or
c: by posting it in a letter addressed to that person at that place of residence or business or at that address, in which case the notice is given when it is posted. Section 114 replaced 1 October 1998 section 7 Social Security (Work Test) Amendment Act 1998
115: Failure to comply with work test
Section 115 repealed 15 July 2013 section 48 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
115A: Failure to comply with obligations under section 60GAB
Section 115A repealed 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012
116: Failure to participate in activity under section 60HA
Section 116 repealed 24 September 2007 section 32(2)﻿(b) Social Security Amendment Act 2007
116A: Failure to comply with obligations under section 60Q(2)
Section 116A repealed 15 July 2013 section 48 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
116B: Failures to comply with obligations
1: The sanctions stated in section 117 Obligations related to contracted service providers
a: the chief executive considers that the person has, without a good and sufficient reason, failed to comply with an obligation under section 60GAG(1) section 60GAG(1)﻿(a) to (d) Social obligations of certain beneficiaries with dependent children
b: the chief executive considers that the person has, without a good and sufficient reason, failed to comply with a social obligation that the person has under section 60RA(3) section 60RC(3) section 117 Obligations related to work preparation or to work ability assessment
c: the chief executive considers that the person has, without a good and sufficient reason, failed to comply with a general obligation under section 60Q(2)
d: the chief executive considers that the person has, without a good and sufficient reason, failed to undergo an assessment that the person is required to undergo under section 100B Work test obligations (including drug testing obligations) and work-tested beneficiaries
e: the person is a work-tested beneficiary, and the chief executive considers that the person has, without a good and sufficient reason, failed to comply with any of the work test obligations as set out in section 102A section 102B(1) section 102A(1A)
f: 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 to undertake drug tests; or
g: the person is required by this paragraph to be treated as a person to whom paragraph (e) applies because the person is a full-time work-tested beneficiary who leaves, without good and sufficient reason, or is dismissed for misconduct from, part-time work or employment averaging less than part-time work
h: the person is required by this paragraph to be treated as a person to whom paragraph (e) applies because the person is a part-time work-tested beneficiary who leaves, without good and sufficient reason, or is dismissed for misconduct from, employment averaging less than part-time work Interview obligation of beneficiary exempted from work test
i: 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)
2: Section 60H(6) and (7)
3: A work-tested beneficiary who indicates that he or she would fail a drug test that an employer would require for an opportunity of suitable employment is for the purposes of subsection (1)﻿(f) taken to be a person who fails, without good and sufficient reason, to apply for suitable employment that requires candidates to undertake drug tests (and therefore to be a person required by subsection (1)﻿(f) to be treated as a person to whom subsection (1)﻿(e) applies).
4: Subsection (3) does not limit the generality of subsections (1)﻿(e) and (f). Section 116B inserted 15 July 2013 section 48 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 116B(1)﻿(g) amended 1 April 2016 section 10(1) Social Security Amendment Act (No 2) 2015 Section 116B(1)﻿(h) amended 1 April 2016 section 10(2) Social Security Amendment Act (No 2) 2015
116C: Good and sufficient reasons for specified failures to comply
1: A beneficiary has for the purposes of section 116B
a: doing so was dependent upon the provision by the department of any assistance specified by the department; and
b: that assistance was either not supplied, or not supplied to the extent, or in the manner, specified by the department.
2: A beneficiary has for the purposes of section 116B section 102B(1)
a: that the person is addicted to, or dependent on, 1 or more controlled drugs; or
b: that the person is undertaking treatment—
i: for addiction to, or dependence on, 1 or more controlled drugs; and
ii: provided by a health practitioner, or other person, who is professionally engaged in the treatment or rehabilitation of people using, or who have used, controlled drugs; and
iii: of a kind approved by the chief executive; or
c: that the person should be treated as one to whom paragraph (b) applies because he or she is awaiting assessment for, or an opportunity to undertake, treatment of the kind specified in paragraph (b); or
d: that, insofar as the person is using a particular controlled 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 the person by a health practitioner; or
e: that the person falls within, or the person's circumstances fall within, another ground or other grounds specified for the purposes of this paragraph by regulations made under section 132
3: A beneficiary who has 1 or more dependent children has for the purposes of section 116B section 102A(1)﻿(f)
4: This section does not limit the generality of section 116B Section 116C inserted 15 July 2013 section 48 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
117: Sanctions that may be imposed for failures
1AA: If 2 or more failures of a beneficiary to comply with 1 or more specified obligations under this Act are under section 113(2A)
a: all the 2 or more failures included in the notice (so long as at least 2 of them are not disputed by the beneficiary) are treated as 1 failure for the purposes of this section and section 119
b: the beneficiary must be sanctioned on that basis of that 1 failure (as a first, second, or third failure).
1: The sanctions that the chief executive must apply in respect of failures under section 116B
a: for a first failure,—
i: the person's benefit (unless it is not a main benefit under this Act)
ii: if the person has not recomplied within 4 weeks after the date on which the reduction took effect, the person's benefit (unless it is not a main benefit under this Act)
b: for a second failure (being a failure that occurs after the person has recomplied following a first failure), suspension of the person's benefit (unless it is not a main benefit under this Act)
c: for a third failure (being a failure that occurs after the person has recomplied following a second failure), cancellation of the person's benefit (unless it is not a main benefit under this Act)
1A: Subsection (1) is subject to subsections (1B) and (1C).
1B: Cancellation under subsection (1)﻿(c) of the person's benefit (unless it is not a main benefit under this Act) is the sanction that the chief executive must apply if any failure referred to in subsection (1) is a failure under section 116B(1)﻿(e) section 102A(1)﻿(b)
1C: Subsection (1B) applies whether the failure under section 116B(1)﻿(e)
2: A person whose main benefit under this Act
a: is not entitled to receive any main benefit under this Act
b: if the person wishes to again become entitled to a main benefit under this Act
3: Subsection (2) is subject to sections 120 121 sections 123 to 123B
4: If a person's specified benefit (as defined in section 80BE(5) section 80BF Section 117 replaced 1 July 2001 section 36 Social Security Amendment Act 2001 Section 117(1AA) inserted 15 July 2013 section 49(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 117(1) amended 15 July 2013 section 132 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 117(1) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 117(1)﻿(a) replaced 27 September 2010 section 25(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 117(1)﻿(a)﻿(i) amended 15 July 2013 section 61(8) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 117(1)﻿(a)﻿(ii) amended 15 July 2013 section 61(9) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 117(1)﻿(b) amended 15 July 2013 section 61(10) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 117(1)﻿(c) amended 15 July 2013 section 61(11) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 117(1A) inserted 15 July 2013 section 49(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 117(1B) inserted 15 July 2013 section 49(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 117(1C) inserted 15 July 2013 section 49(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 117(2) amended 15 July 2013 section 61(12) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 117(2)﻿(a) amended 15 July 2013 section 61(13) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 117(2)﻿(b) amended 15 July 2013 section 61(14) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 117(4) replaced 15 July 2013 section 118 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
118: Penalties for failure to participate in organised activity to satisfaction of chief executive
Section 118 repealed 1 July 2001 section 36 Social Security Amendment Act 2001
119: Calculation of failure rate
1: In calculating the number of failures under section 117
a: may count applicable failures only during a period of continuous payment in respect of the beneficiary of the same benefit or of 2 or more different benefits and
ab: if the benefit being paid in respect of the beneficiary is a benefit A benefit B
b: must not count a failure if—
i: it is not a failure of a kind to which section 117 section 116B(1)
ii: it occurred more than 12 months before the failure for which the calculation is made if, during that period, that beneficiary has not incurred a failure of a kind in section 116B(1) section 117
1A: Subsections (1)﻿(a) and (ab) and (3) apply only to 1 or more main benefits under this Act.
1B: For the purposes of subsection (1)﻿(a), 2 or more different benefits paid to a beneficiary do not give rise to a period of continuous payment in respect of the beneficiary of those 2 or more different benefits if—
a: one of those 2 or more different benefits is a youth payment or a young parent payment; and
b: the other of, or (as the case may be) the rest of, those 2 or more different benefits is any 1 or more or all of sole parent support, supported living payment, jobseeker support, and emergency benefit.
1C: Subsection (1B) does not limit or affect subsection (1)﻿(a) applying (under section 176(2) sections 173 174
a: by a young person receiving a youth payment or a young parent payment; and
b: that are failures, without good and sufficient reason, to comply with an obligation placed on him or her by section 170
c: during a period of continuous payment in respect of the young person of the same benefit (being a youth payment or a young parent payment) or of 2 or more different benefits (being a youth payment and a young parent payment, in whatever sequence paid).
2: For the purpose of subsection (1)﻿(b)﻿(ii), a failure under section 116B or other obligation imposed by this Act
3: In determining whether a benefit has been continuously paid in respect of the beneficiary, the chief executive must disregard any period during which the benefit was cancelled or suspended because the beneficiary commenced in employment that continued for less than 10 working days.
3A: For the purpose of subsection (1)﻿(a), the chief executive must treat a specified section 80BE a specified section 80BF
4: Nothing in subsection (1)﻿(b)﻿(ii) affects the implementation, after the 12-month period, of a sanction based on any prior calculation of the number of failures by a person to comply with the appropriate work test obligation or other obligation imposed by this Act
5: In this section, working day subsection (3)
6: This section is subject to sections 113(2A) 117(1AA)
a: included in a notice given to the person under section 113
b: treated for the purposes of section 117 Section 119 replaced 1 October 1998 section 7 Social Security (Work Test) Amendment Act 1998 Section 119(1) amended 1 July 2001 section 37(1) Social Security Amendment Act 2001 Section 119(1)﻿(a) replaced 1 July 2001 section 37(2) Social Security Amendment Act 2001 Section 119(1)﻿(a) amended 15 July 2013 section 50(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 119(1)﻿(a) amended 27 September 2010 section 26(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 119(1)﻿(ab) inserted 27 September 2010 section 26(2) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 119(1)﻿(ab) amended 15 July 2013 section 50(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 119(1)﻿(b) replaced 15 July 2013 section 50(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 119(1A) inserted 15 July 2013 section 61(15) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 119(1B) inserted 15 July 2013 section 50(4) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 119(1C) inserted 15 July 2013 section 50(4) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 119(2) amended 15 July 2013 section 133 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 119(2) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 119(2) amended 24 September 2007 section 42(3)﻿(b) Social Security Amendment Act 2007 Section 119(3A) inserted 27 September 2010 section 26(3) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 119(3A) amended 15 July 2013 section 119(a) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 119(3A) amended 15 July 2013 section 119(b) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 119(3A) amended 15 July 2013 section 119(c) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 119(4) amended 24 September 2007 section 42(4) Social Security Amendment Act 2007 Section 119(5) amended 27 September 2010 section 26(4) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 119(6) inserted 15 July 2013 section 50(5) Social Security (Benefit Categories and Work Focus) Amendment Act 2013
120: Modified effect in some cases of sanctions on rate of benefit for people married or in civil union or de facto relationship
1: If the reduction, suspension, section 117 couple
a: it applies to only half the applicable rate of the benefit before any abatement on account of income; and
b: the other spouse or partner is entitled to receive half of that rate (and the appropriate income test applies to that rate, but at half the abatement rate in that test).
1A: If the reduction, suspension, or cancellation under section 117 couple
a: the reduction, suspension, or cancellation in respect of each spouse or partner applies only to 50% of the applicable rate of the benefit before abatement on account of income payable in respect of that spouse or partner; and
b: any amount of the benefit payable to the spouses or partners after that reduction, suspension, or cancellation is applied is subject to the appropriate income test but at half the abatement rate under that test.
2: If the suspension or cancellation under section 60H 117 couple section 60H(3) applying to both work-tested spouses or partners or
a: the suspension or cancellation applies to only half the applicable rate of the benefit before any abatement on account of income; and
b: the spouses or partners are entitled to receive half that rate (and the appropriate income test applies to that rate).
3: Subsection (2)﻿(b) is subject to section 83 Section 120 replaced 24 September 2007 section 43 Social Security Amendment Act 2007 Section 120(1) amended 15 July 2013 section 64(6) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 120(1) amended 27 September 2010 section 27(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 120(1A) inserted 27 September 2010 section 27(2) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 120(1A) amended 15 July 2013 section 64(6) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 120(2) amended 15 July 2013 section 64(6) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 120(2) amended 27 September 2010 section 27(3)﻿(a) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 120(2) amended 27 September 2010 section 27(3)﻿(b) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010
120A: Costs incurred by Authority
Section 120A repealed 1 July 1993 section 24(1) Health Sector (Transfers) Act 1993
121: Effect of sanctions on benefit of sole parent
Where under section 60H section 117 a main benefit under this Act
a: the suspension or cancellation applies only to 50% of the applicable rate of the benefit before any abatement on account of income; and
b: the person is entitled during the period of suspension or cancellation to receive 50% of that rate of benefit, and the appropriate income test applies to that rate but at half the abatement rate in that income test. Section 121 replaced 1 October 1998 section 7 Social Security (Work Test) Amendment Act 1998 Section 121 amended 15 July 2013 section 61(16) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 121 amended 1 July 2001 section 43(7) Social Security Amendment Act 2001 General provisions Heading inserted 1 October 1998 section 7 Social Security (Work Test) Amendment Act 1998
122: Meaning of recompliance
1: A person recomplies section 117 section 116B section 113 relevant failure or failures
2: Despite subsection (1), a person who is a work-tested beneficiary recomplies (for the purpose of section 117
3: Despite subsection (1), a person recomplies section 117 section 116B(1)﻿(e) section 102B(1)
a: in the case of a first failure of that kind in a 12-month period, the person undertakes in a manner that is satisfactory to the chief executive that the person will not use controlled drugs (except any use of a particular controlled drug that is lawfully prescribed, and only the dosage of that particular controlled drug that is lawfully prescribed, for the person by a health practitioner):
b: in the case of a second failure of that kind in a 12-month period, the person undertakes in a manner that is satisfactory to the chief executive to do both of the following:
i: to pass a drug test of the kind stated in section 122A(2)﻿(a) or (b)
ii: to provide evidence that satisfies the chief executive that the person has passed a drug test of that kind, and to do so within 30 working days after the date of the person's undertaking.
4: The calculation of the number of failures for the purposes of subsection (3) is independent and separate from, and therefore does not affect, the calculation (in accordance with section 119 section 117
5: The department must take reasonable and appropriate steps to make a person who has given an undertaking in accordance with subsection (3)﻿(b) aware of the following matters:
a: the consequences of failing to comply with the undertaking; and
b: 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)
c: that the actual and reasonable costs charged by the provider for performing, on 1 occasion only within the period, a drug test of the kind stated in section 122A(2)﻿(a) or (b) section 85A(e) Section 122 replaced 15 July 2013 section 51 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
122A: Recomplying after second failure to comply with drug testing obligations
1: This section applies to a work-tested beneficiary who has undertaken under section 122(3)﻿(b)
a: to pass a drug test of the kind stated in subsection (2)﻿(a) or (b) of this section, and to do so within the 25-working-day period in section 122(3)﻿(b)﻿(i) testing period
b: to provide evidence that satisfies the chief executive that the person has passed a drug test of that kind, and to do so within the 30-working-day period in section 122(3)﻿(b)﻿(ii) results period
2: The beneficiary must at a time that is within the testing period attend at the location of a drug testing provider for the purpose of undertaking a drug test that is—
a: a screening drug test of the beneficiary and, if the beneficiary fails that screening drug test, an evidential drug test of the beneficiary; or
b: an evidential drug test of the beneficiary undertaken without any associated prior screening drug test of the beneficiary.
3: The actual and reasonable costs charged by the provider for performing, on 1 occasion only within the testing period, a drug test in accordance with subsection (2)﻿(a) or (b) are—
a: payable by the department; but also
b: a debt due to the Crown from the beneficiary for the purpose of section 85A(e)
4: A beneficiary who fails a screening drug test or an evidential drug test or both performed within the testing 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 testing period.
5: A beneficiary who does not pass a drug test of the kind stated in subsection (2)﻿(a) or (b) within the testing period must for the purpose of section 117(1)﻿(c) section 102B(1) Section 122A inserted 15 July 2013 section 52 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
123: Effect of ceasing to be subject to obligation to comply with
or section 170 or 171 , social obligation, or work preparation obligation
1: This section applies to a person—
a: whose benefit has been suspended or reduced a main benefit under this Act section 60H section 117 or section 173 174
b: who either—
i: ceases to be a work-tested beneficiary (other than because of the imposition of that suspension or 13-week period); or
ia: ceases to be a beneficiary who is required to comply with section 170 171
ii: obtains, under section 105 or section 170 171
2: From the date the chief executive decides he or she is satisfied this section applies to a person,—
a: the period of suspension or reduction
b: the person is no longer subject to the 13-week period and that period lapses.
3: If a person to whom subsection (2)﻿(b) applies wishes to again become entitled to a main benefit under this Act
3A: A sanction imposed on a person under section 117 sections 60RC(1) 116B(1)﻿(b) section 60RA(3) section 60RA(3)
3B: A sanction imposed on a person under section 117 section 116B(1)﻿(c) section 60Q(2)
4: In subsection (1), benefit Section 123 replaced 1 October 1998 section 7 Social Security (Work Test) Amendment Act 1998 Section 123 heading amended 15 July 2013 section 98(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 123 heading amended 15 July 2013 section 115(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 123 heading amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 123(1)﻿(a) amended 15 July 2013 section 61(17) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 123(1)﻿(a) amended 15 July 2013 section 115(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 123(1)﻿(a) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 123(1)﻿(a) amended 1 July 2001 section 39(1) Social Security Amendment Act 2001 Section 123(1)﻿(b)﻿(ia) inserted 1 July 2001 section 39(2) Social Security Amendment Act 2001 Section 123(1)﻿(b)﻿(ia) amended 15 July 2013 section 98(4) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 123(1)﻿(b)﻿(ia) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 123(1)﻿(b)﻿(ia) amended 24 September 2007 section 42(6) Social Security Amendment Act 2007 Section 123(1)﻿(b)﻿(ii) amended 15 July 2013 section 98(5) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 123(1)﻿(b)﻿(ii) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 123(2)﻿(a) amended 15 July 2013 section 115(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 123(3) amended 15 July 2013 section 61(18) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 123(3A) inserted 15 July 2013 section 115(4) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 123(3B) inserted 15 July 2013 section 115(4) Social Security (Benefit Categories and Work Focus) Amendment Act 2013
123A: Effect of employment on non-entitlement period
1: This section applies to a person who is not entitled to a main benefit under this Act section 60H section 117
2: If a person to whom this section applies completes a period of employment approved by the chief executive for the purposes of this section of not less than 6 weeks, the remainder of the 13-week period lapses.
3:
4: In subsection (1), benefit Section 123A replaced 1 October 1998 section 7 Social Security (Work Test) Amendment Act 1998 Section 123A(1) amended 15 July 2013 section 61(19) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 123A(1) amended 1 July 2001 section 40(1) Social Security Amendment Act 2001 Section 123A(3) repealed 1 July 2001 section 40(2) Social Security Amendment Act 2001
123B: Effect of participation in certain activities on non-entitlement period
1: This section applies to a person who—
a: is subject to a 13-week period of non-entitlement under section 60H section 117 or section 173 174
b: is participating in 1 or more approved activities
i: activities of the kind referred to in section 102A(1)﻿(f)
ii: recognised community activities:
iii: part-time work (in the case of a part-time work-tested beneficiary).
2: If a person to whom this section applies participates satisfactorily in the approved activity or activities for a continuous period of 6 weeks,—
a: the remainder of the period of non-entitlement lapses; and
b: if the person wishes to again become entitled to a main benefit under this Act
3: Despite subsection (2)﻿(b), if the person applies for a main benefit under this Act a main benefit under this Act
4: Payment of a benefit granted under subsection (3) is subject to the condition that the person is liable to repay the whole of any amount paid during the non-entitlement period if he or she fails to complete a continuous period of 6 weeks of satisfactory participation in an approved activity or activities, or fails to continue satisfactory participation until the end of the non-entitlement period (whichever is earlier).
5: No obligation to repay under subsection (4) arises if the reason for the person's failure is that he or she—
a: ceases to be a work-tested beneficiary or a beneficiary required to comply with section 170 171
b: obtains, under section 105 section 170 171
6: If the person is still entitled to the benefit at the end of the period of satisfactory participation or non-entitlement (as the case may be), payment of the benefit is no longer subject to the condition in subsection (4).
7: Any amount the person is liable to repay under this section is a debt due to the Crown under section 85A(b) section 86(1) Section 123B replaced 1 July 2001 section 41 Social Security Amendment Act 2001 Section 123B(1)﻿(a) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 123B(1)﻿(b)﻿(i) replaced 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 123B(2)﻿(b) amended 15 July 2013 section 61(20) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 123B(3) amended 15 July 2013 section 61(21) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 123B(5)﻿(a) amended 15 July 2013 section 98(6) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 123B(5)﻿(a) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 123B(5)﻿(a) amended 24 September 2007 section 42(6) Social Security Amendment Act 2007 Section 123B(5)﻿(b) amended 15 July 2013 section 98(7) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 123B(5)﻿(b) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 123B(7) amended 7 July 2014 section 27 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014
123C: Application of
Health and Safety at Work Act 2015
1: In this section, person A
a: who, in accordance with his or her work test obligations section 122 section 123B job search activity
b: who is a beneficiary and, in accordance with an or activity in the community
2: The Health and Safety at Work Act 2015 Human Rights Act 1993
3: Except as provided in subsection (2), nothing in this Part creates or implies an employment relationship between person A and the person providing the work. Section 123C replaced 1 July 2001 section 41 Social Security Amendment Act 2001 Section 123C heading amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 123C(1) replaced 26 September 2002 section 27 Social Security (Personal Development and Employment) Amendment Act 2002 Section 123C(1)﻿(a) amended 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 123C(1)﻿(a) amended 2 July 2007 section 14(2)﻿(a) Social Security Amendment Act 2007 Section 123C(1)﻿(b) amended 20 August 2012 section 28(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 123C(1)﻿(b) amended 27 September 2010 section 35(1) Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 123C(2) amended 4 April 2016 section 232 Health and Safety at Work Act 2015
123D: Regulations
Without limiting the general power to make regulations conferred by section 132
a: specifying the categories of persons section 105 some or all of their work test obligations , or obligations under section 60Q or obligations under section 170 171
b:
c: Section 123D inserted 1 October 1998 section 7 Social Security (Work Test) Amendment Act 1998 Section 123D(a) amended 15 July 2013 section 98(8) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 123D(a) amended 15 October 2012 section 48 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 123D(a) amended 20 August 2012 section 18 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 123D(a) amended 27 September 2010 section 29 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 123D(a) amended 15 November 2000 section 5(3) Social Security Amendment Act 2000 Section 123D(b) repealed 1 July 2001 section 42 Social Security Amendment Act 2001 Section 123D(c) repealed 1 July 2001 section 42 Social Security Amendment Act 2001
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
Part 3 heading replaced 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Young persons services Heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
123E: Services to encourage young persons to
move into or remain in
1: The chief executive may do either or both of the following things:
a: provide services to encourage and help young persons to move into or remain in
b: enter (under section 125A
2: If, on the date that a young person turns 18, he or she is, in the chief executive’s opinion, continuing in a course of education or training, the services referred to in subsection (1)﻿(a) may continue to be provided to the young person until,—
a: if the course is a course of secondary instruction or if the course ends in December, the close of the following 31 March:
b: in any other case, the close of the day on which the course ends. Section 123E inserted 27 July 2012 section 19 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 123E heading amended 8 July 2016 section 17(1) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 123E(1)﻿(a) amended 8 July 2016 section 17(2) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 123E(2) inserted 25 October 2016 section 17(3) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016
123F: Chief executive may enter into information-sharing agreement with chief executive of Ministry of Education
1: The chief executive may enter into an agreement with the chief executive of the Ministry of Education under Part 9A section 123E(a) section 2 section 159B(1)
2: While the agreement is in force, the chief executive of the Ministry of Education—
a: may provide to the chief executive any information to which subsection (1) applies that the former considers may facilitate the provision by the latter of services of a kind described in section 123E(a)
b: may use national student numbers for the purpose of gathering the information.
3: Subsection (2) overrides section 344(2) Section 123F inserted 27 July 2012 section 20 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 123F(1) amended 8 July 2016 section 18(1) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016
123G: Consultation on proposed agreement
Section 123G repealed 8 July 2016 section 19 Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016
123H: Agreements to be reviewed after 3 years
Section 123H repealed 8 July 2016 section 19 Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Welfare programmes and other money payable Heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
124: Money payable out of
Crown Bank Account
1: There shall from time to time be paid out of a Crown Bank Account
a: all money required to be expended in providing benefits and making other payments under
aa:
b: all other expenditure incurred in the administration of this Act:
c: any money that may be appropriated by Parliament for educational or research purposes in relation to public health or income support or employment
d: any money that may be appropriated by Parliament for the purpose of granting special assistance under any welfare programme established and approved by the Minister
da:
dd:
e: all other money that may be appropriated by Parliament for the purposes of this Act, or that may be appropriated for any purpose incidental or related to the purposes of this Act.
1A: Every welfare programme approved by the Minister
a: shall be administered by the chief executive
b: may provide for any specified provision of
i: the programme; and
ii: any applicant for assistance under the programme; and
iii: any other specified class or classes of person— as if the special assistance authorised by the programme were a benefit under
1B: As soon as practicable after approving a welfare programme pursuant to subsection (1)﻿(d), the Minister must publish in the Gazette
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 a member of the applicant's family; and
b: the goods or services are of a class, description, or kind supplied by a preferred supplier (being a preferred supplier to, or in respect of, the area in which the applicant resides) under a contract entered into with the chief executive under section 125AA
1BB: If subsection (1BA) applies to an applicant for special assistance under a welfare programme approved by the Minister under subsection (1)﻿(d), the applicant must purchase the goods or services from a preferred supplier nominated by the chief executive at the price determined by the contract under section 125AA
a: the amount of the special assistance granted under subsection (1)﻿(d) for purchasing those goods or services is the lesser of—
i: the price so determined; and
ii: the maximum amount for purchasing those goods or services available under the welfare programme concerned; and
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.
1BBA: A nomination under subsection (1BB) of a preferred supplier—
a: may be given orally or in writing (but, if given orally, must as soon as practicable be confirmed in writing); and
b: may from time to time be amended, revoked, or revoked and replaced by the chief executive, to recognise changes in preferred suppliers or preferred supply contracts ending without also being replaced.
1BC: No appeal under this Act lies against any chief executive's decision under subsection (1BB)﻿(b).
1BD: Subsections (1BA) to (1BC) are subject to (preferred supplier transitional provisions) directions under section 125AA(5)
1C: There must from time to time be paid out of a Crown Bank Account, without further appropriation than this subsection, all money necessary for granting special assistance under section 61CF
2: This subsection applies to a payment made to a person out of a Crown Bank Account by way of special assistance pursuant to subsection (1)﻿(d) or subsection (1C) if—
a: either—
i: it was obtained by fraud; or
ii: the spouse or partner of the person made a false statement to or otherwise misled an officer engaged in the administration of this Act
b: as a result, it exceeded the amount (if any) that, in the chief executive's opinion, would otherwise have been paid.
2A: Sections 81 , 86 86AA
a: as if it were made by way of benefit under Parts 1A to 1P
b: as if the person to whom it was made were a beneficiary entitled to a benefit of the amount (if any) that, in the chief executive's opinion, would have been payable if (as the case may be)—
i: the fraud had not occurred; or
ii: the false statement had not been made; or
iii: the officer had not been misled.
3:
4: 1938 No 7 s 106 1957 No 93 s 5(3) 1958 No 46 s 28(2) 1963 No 46 s 24 Section 124 heading amended 26 July 1989 section 83(7) Public Finance Act 1989 Section 124(1) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 124(1)﻿(a) amended 1 April 2005 section 16(1) Social Security (Working for Families) Amendment Act 2004 Section 124(1)﻿(aa) repealed 1 October 1986 section 17(1)﻿(e) Social Security Amendment Act 1986 Section 124(1)﻿(b) replaced 1 April 1972 section 18(3) Department of Social Welfare Act 1971 Section 124(1)﻿(c) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 124(1)﻿(d) replaced 17 September 1997 section 24(1) Social Security Amendment Act (No 4) 1997 Section 124(1)﻿(d) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 124(1)﻿(da) repealed 15 April 2005 section 14 Social Security (Social Assistance) Amendment Act 2005 Section 124(1)﻿(dd) repealed 5 November 1976 section 28(3)﻿(a) Disabled Persons Community Welfare Act 1975 Section 124(1A) inserted 30 June 1993 section 28(1) Social Security Amendment Act (No 3) 1993 Section 124(1A) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 124(1A)﻿(a) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 124(1A)﻿(b) amended 1 April 2005 section 16(2) Social Security (Working for Families) Amendment Act 2004 Section 124(1B) inserted 17 September 1997 section 24(2) Social Security Amendment Act (No 4) 1997 Section 124(1BA) inserted 17 April 2013 section 53 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 124(1BB) inserted 17 April 2013 section 53 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 124(1BBA) inserted 17 April 2013 section 53 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 124(1BC) inserted 17 April 2013 section 53 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 124(1BD) inserted 17 April 2013 section 53 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 124(1C) inserted 19 December 2006 section 6 Social Security Amendment Act 2006 Section 124(2) replaced 19 December 2006 section 6 Social Security Amendment Act 2006 Section 124(2)﻿(a)﻿(ii) amended 15 July 2013 section 137 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 124(2A) inserted 19 December 2006 section 6 Social Security Amendment Act 2006 Section 124(2A) amended 7 July 2014 section 12 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 124(2A)﻿(a) amended 15 July 2013 section 137 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 124(3) repealed 1 November 1976 Social Security Amendment Act 1976 Section 124(4) repealed 5 November 1976 section 28(3)﻿(a) Disabled Persons Community Welfare Act 1975 Preferred suppliers of goods or services for beneficiaries or others Heading inserted 17 April 2013 section 54 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
125AA: Preferred supply of goods or services for beneficiaries or others
1: The Minister may from time to time, by written direction, determine 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 services
2: A determination under subsection (1) must be in respect of 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: to meet additional expenses arising from a disability by way of a disability allowance, under section 69C(7B)
b: to satisfy the immediate needs of a beneficiary by way of an advance payment of a benefit under section 82(6) and (6A)
c: for supply of goods or services to a beneficiary by way of a redirection of some of the beneficiary's benefit payments, under section 82(6G)
d: to meet particular needs of a person by way of special assistance under a welfare programme under section 124(1)﻿(d) section 124(1BB)
3: The chief executive may from time to time, on behalf of the Crown, enter into a contract with any person, body, or organisation (a preferred supplier
a: by the preferred supplier; and
b: for purchase by beneficiaries, other persons identified by the department, or both.
4: Goods or services sections 69C(7B) 82(6AB) and (6G) 124(1BB)
5: The Minister may, from time to time, give to the chief executive under section 5
a: to persons receiving assistance under this Act in respect of goods or services that would be affected by a contract with a preferred supplier in respect of those goods or services; and
b: at, or within a specified period after, the time or times when a contract under subsection (3) (including, without limitation, one that varies or replaces all or any of an earlier contract of that kind) takes effect.
6: Directions under subsection (5)—
a: override sections 69C(7A) to (7D) 82(6) to (6AB) 82(6F) and (6G) 124(1BA) to (1BC)
b: must, in accordance with section 5(1) Section 125AA inserted 17 April 2013 section 54 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
125: Advances to beneficiaries and war pensioners for repair or maintenance of home, etc
Section 125 repealed 1 July 1996 section 3(1) Social Security Amendment Act (No 3) 1996 Contracts with administration service providers Heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
125A: Chief executive may contract with service providers
1: The chief executive may from time to time, on behalf of the Crown, enter into a contract with any person, body, or organisation (a contracted service provider provider of all or any of the following:
a: services of a kind or description specified for the purposes of this paragraph by regulations under this Act and that are—
i: services of a kind referred to in section 123E(a)
ii: services in relation to Part 5
ab:
b: services in relation to all or any of Parts 1 to 1P 2
2: The chief executive must not enter into a contract with a person, body, or organisation for the provision of services of a kind stated in subsection (1) unless the chief executive is satisfied that it—
a: is suitable to provide the services specified in the contract; and
b: is suitable to work with persons to whom the services relate
c: has the powers and capacity to enter into and perform a contract for those services.
3: Section 125A inserted 27 July 2012 section 21 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 125A(1) amended 8 July 2016 section 20(1) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 125A(1)﻿(a) replaced 8 July 2016 section 20(2) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 125A(1)﻿(ab) repealed 8 July 2016 section 20(2) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 125A(1)﻿(b) replaced 8 July 2016 section 20(2) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 125(3) repealed 15 July 2013 section 55(4) Social Security (Benefit Categories and Work Focus) Amendment Act 2013
125B: Contracts with service providers: contents and form
1: A contract under section 125A
a: must set out the responsibilities of the contracted service provider and the chief executive in respect of each of the services the provider is to provide under the contract; and
b: must require the provider to co-operate with the chief executive; and
c: must contain all terms and conditions (if any) stated for the purposes of that section by regulations under this Act.
2: The contract must be in writing.
3: Subsection (1) does not limit section 125A Section 125B inserted 27 July 2012 section 21 Social Security (Youth Support and Work Focus) Amendment Act 2012
125C: Release of personal information to and by contracted service provider
1: The purpose of this section is—
a: to authorise the department and any contracted service provider to disclose to each other relevant personal information about section 125A
b: to assist the department to exercise and perform powers and functions under the provisions specified in section 125A(1)﻿(a) 125A(1)﻿(ab)
c: to enable the prescription of—
i: the circumstances in which the personal information may be disclosed; and
ii: conditions governing the disclosure of the personal information; and
iii: conditions governing the way in which the personal information is to be dealt with by the person to whom it is disclosed.
2: This section applies to any personal information about a section 125A
3: For the purposes of this section, regulations under this Act may state—
a: the circumstances in which a contracted service provider and its employees may release or disclose to the chief executive and employees of the department information to which this section applies held by the contracted service provider and the conditions with which the chief executive and employees of the department must comply in dealing with the information; or
b: the circumstances in which the chief executive and employees of the department may release or disclose to a contracted service provider and its employees information to which this section applies held by the department and the conditions with which the contracted service provider and its employees must comply in dealing with the information.
4: Regulations of the kind referred to in subsection (3) must not be made except on the recommendation of the Minister; and the Minister must not recommend the making of the regulations unless satisfied that the chief executive has consulted on the proposed regulations in the manner required by section 96O section 123F(1)
5: If satisfied on reasonable grounds that its disclosure is in accordance with regulations of the kind referred to in subsection (3), the chief executive, an employee of the department, a contracted service provider, or an employee of a contracted service provider may release or disclose information to which this section applies.
6: Nothing in this section requires the chief executive, employees of the department, a contracted service provider, or employees of a contracted service provider to release or disclose any information.
7: In this section,— employee held Official Information Act 1982 2004 No 50 s 199J Section 125C inserted 20 August 2012 section 22(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 125C(1)﻿(a) amended 15 July 2013 section 56(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 125C(1)﻿(b) amended 15 July 2013 section 56(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 125C(2) amended 15 July 2013 section 56(3) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 125C(4) amended 8 July 2016 section 21 Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016
125D: Information-sharing in relation to young persons
1: The purpose of this section is to authorise local agencies (for example, schools, primary health organisations, and the New Zealand Police) to disclose relevant personal information about a young person to the department or a contracted service provider where the agency concerned considers it relevant to the exercise or performance of powers or functions under this Act in respect of the young person.
2: An agency specified by the Governor-General by Order in Council for the purposes of this subsection may, for the purposes of this section, disclose any information about a young person to the chief executive, if satisfied on reasonable grounds that—
a: subsection (4) applies to the young person; and
b: the information will assist the department in—
i: performing any function, or exercising any power, under Part 5
ii: achieving any of the purposes of this Act.
3: An agency specified by the Governor-General by Order in Council for the purposes of this subsection may, for the purposes of this section, disclose any information about a young person to a contracted service provider, if satisfied on reasonable grounds that—
a: the provider is the young person's contracted service provider; and
b: subsection (4) applies to the young person; and
c: the information will assist the provider in providing services under a contract under section 125A
4: This subsection applies to a young person if he or she—
a: has applied for or is receiving a youth support payment; or
b: is subject to obligations under section 171
c: has left or finished education, and is not or may not be in employment or training; or
d: has left or finished training, and is not or may not be in employment.
5: An order of the kind referred to in subsection (2) or (3) must not be made except on the recommendation of the Minister; and the Minister must not recommend the making of the order unless satisfied that the chief executive has consulted on the proposed order in the manner required by section 96O section 123F(1)
6: Orders under subsection (2) or (3) may specify particular agencies, or agencies of any specified class or description.
7: In this section, agency section 2(1) Section 125D inserted 20 August 2012 section 22(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 125D(5) amended 8 July 2016 section 22 Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016
125E: Chief executive may adopt existing contracts
The chief executive may agree in writing with the other party to any contract the chief executive has entered into before the commencement of the Social Security (Youth Support and Work Focus) Amendment Act 2012 section 125A Section 125E inserted 27 July 2012 section 21 Social Security (Youth Support and Work Focus) Amendment Act 2012
125F: Information on provision of contracted services to be published
The chief executive must ensure that there are published, no later than 1 October in every year,—
a: a general description of the services provided by contracted service providers during the year ending on 30 June in that year, and of the contracted service providers; and
b: details of the providers concerned. Section 125F inserted 20 August 2012 section 22(2) Social Security (Youth Support and Work Focus) Amendment Act 2012
125G: Actions of contracted service providers
in relation to young persons
1: For the purposes of section 80AA
2: For the purposes of section 80A
3: For the purposes of section 86(9A) and (9B)
4: In this section, contracted service provider section 181 Section 125G inserted 20 August 2012 section 22(2) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 125G heading amended 8 July 2016 section 23(1) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 125G(4) inserted 8 July 2016 section 23(2) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016
125H: Operation of certain provisions to be reviewed after 3 years
1: Promptly after the expiration of 3 years after the commencement of section 22 sections 123F 125C 125D
2: In conducting the review, the chief executive must consult—
a: the Privacy Commissioner; and
b: any organisation or other person that he or she considers to represent the interests of the kinds of people whose personal information may be disclosed under any of those provisions.
3: After conducting the review, the chief executive must report to the Minister on its findings, and make to the Minister any recommendations for the amendment of those provisions arising from them that the chief executive considers appropriate. Section 125H inserted 20 August 2012 section 22(2) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 125H(1) amended 8 July 2016 section 24 Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016
125I: Complaints to Privacy Commissioner
1: A person may complain to the Privacy Commissioner if personal information relating to the person has been disclosed under section 125C 125D
a: regulations of the kind referred to in section 125C
b: the requirements of section 125D
2: A person may complain to the Privacy Commissioner if personal information relating to the person has been disclosed pursuant to an information-sharing agreement under section 123F
3: Part 8
a: applies to a complaint under subsection (1) as if the regulations concerned and section 125D Part 6
b: applies to a complaint under subsection (2) as if the information-sharing agreement concerned were a code of practice issued under Part 6 of that Act. Section 125I inserted 27 July 2012 section 23 Social Security (Youth Support and Work Focus) Amendment Act 2012 Artificial limbs Heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
126: Cost of repair and replacement of artificial limbs
There shall from time to time be paid out of a Crown Bank Account New Zealand Artificial Limb Service Gazette Part 1 Accident 1938 No 7 s 106B 1963 No 47 s 56 Section 126 amended 5 December 2013 section 29 Social Welfare (Transitional Provisions) Amendment Act 2013 Section 126 amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010 Section 126 amended 15 April 2005 section 15 Social Security (Social Assistance) Amendment Act 2005 Section 126 amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 126 amended 1 April 2002 section 337(1) Accident Compensation Act 2001 Section 126 amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Information disclosure Heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
126A: Information on beneficiaries and former beneficiaries may be disclosed to
Ministry of Justice
1: In this section, unless the context otherwise requires,— beneficiary
a: a person who was formerly in receipt of a benefit:
b: a person from whom any liable parent contributions to which section 256(1)
c: a person from whom any maintenance payment to which section 259(1) benefit section 3(1)
a: a lump sum payable under section 61DB section 61DC section 61DD
b: any special assistance granted out of a Crown Bank Account section 124(1)﻿(d) fine
a: a fine within the meaning of section 79
b: a fine to which section 19
c: a fine to which section 43 45
d:
e: any amount payable under section 138A(1)
2: The purpose of this section is to facilitate the disclosure of information by the department Ministry of Justice Ministry of Justice
3: For the purpose of this section, the chief executive of the Ministry of Justice and telephone number
3A: For each item of information to be supplied under subsection (3), the chief executive of the department must include the date when the information was most recently updated.
4: On receipt of a request made under subsection (3), the chief executive of the department may supply the information requested to any officer or employee of the Ministry of Justice
5: Information supplied under a request made under subsection (3) may be supplied in such form as is determined by agreement between the 2 chief executives. Section 126A inserted 3 September 1996 Social Security Amendment Act (No 4) 1996 Section 126A heading amended 23 July 2011 section 4(1) Social Security Amendment Act 2011 Section 126A(1) benefit amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 126A(1) chief executive repealed 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 126A(1) fine replaced 13 February 2012 section 4(2) Social Security Amendment Act 2011 Section 126A(1) fine repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 126A(2) replaced 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 126A(2) amended 23 July 2011 section 4(3) Social Security Amendment Act 2011 Section 126A(3) replaced 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 126A(3) amended 23 July 2011 section 4(4) Social Security Amendment Act 2011 Section 126A(3) amended 1 November 1998 section 30 Summary Proceedings Amendment Act (No 3) 1998 Section 126A(3A) inserted 23 July 2011 section 4(5) Social Security Amendment Act 2011 Section 126A(4) replaced 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 126A(4) amended 23 July 2011 section 4(6) Social Security Amendment Act 2011 Section 126A(5) replaced 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
126AB: Disclosure of personal information to Registrar-General for birth registration purposes
1: The purpose of this section is to authorise the disclosure of information by the department to the Registrar-General appointed under section 79(1) the Registrar-General
2: On request from the Registrar-General, the chief executive, or a person authorised by the chief executive, may supply to the Registrar-General, or a person authorised by the Registrar-General, the postal address and residential address (if different from the postal address) of a person in respect of whom that information is held for the purposes of this Act and who the Registrar-General has grounds to believe may be the mother of a child whose birth is unregistered.
3: No request may be made unless—
a: there is an agreement between the department and the Registrar-General in accordance with section 99
b: the request is in accordance with the agreement. Section 126AB inserted 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008
126AC: Disclosure to department of warrant to arrest beneficiary for determining effect on benefit
1: The purpose of this section is to authorise and require the disclosure of information by the Ministry of Justice to the department for the purpose of enabling the department to implement effectively section 75B
2: For the purpose of this section, the chief executive of the Ministry of Justice must from time to time, in accordance with arrangements made with the chief executive of the department for the time being responsible for the administration of this Act, provide the latter chief executive with information about individuals for whose arrest a New Zealand court has (or 1 or more of the court's Judges or Registrars has or have) at least 28 days before the provision of the information issued a warrant to arrest in criminal proceedings against the individual for an offence (being a warrant of that kind that has not been executed or withdrawn).
3: The information must be provided unless provision of the information is limited or prohibited by any enactment or by any order or direction of the court.
4: The information provided must, without limitation, include the individual’s name (including any alias), date of birth, and last known address, and the nature of the offence charged.
5: The chief executive of the department responsible for the administration of this Act may supply the information received to any officer or employee who is—
a: an officer or employee of the department; and
b: authorised by that chief executive to receive it.
6: The information must be provided in a form determined by agreement between the 2 chief executives. Section 126AC inserted 15 July 2013 section 57 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Application of Human Rights Act 1993 Heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
126B: Certain grounds of discrimination in Human Rights Act 1993 not to apply
Nothing in—
a: section 44
b: section 24 of the Human Rights Commission Act 1977 to anything done, before 31 December 2001
c: in relation to the granting of any benefit or assistance under or pursuant to this Act, or the granting of any assistance analogous to a benefit, by the department
i: a direction given pursuant to section 5
ii: a welfare programme approved by the Minister section 124(1)﻿(d)
iii: any document (including a manual) of the type referred to in section 22(1)
d: would otherwise be or have been unlawful by reason of the prohibited grounds of discrimination in section 21(1)﻿(a) or (b)
e: in relation to anything done before 1 February 1994, would otherwise have been unlawful under section 24(1) of the Human Rights Commission Act 1977 on the grounds of sex or marital status. Section 126B inserted 17 September 1997 section 25 Social Security Amendment Act (No 4) 1997 Section 126B amended 1 October 1999 section 7(a) Human Rights Amendment Act 1999 Section 126B(c) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 126B(c)﻿(i) amended 1 October 1999 section 7(b) Human Rights Amendment Act 1999 Section 126B(c)﻿(ii) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Offences and general penalty Heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
127: Offences
: false statements, misleading, or attempting to mislead, to receive or continue to receive benefits Every person who makes any statement knowing it to be false in any material particular, or who wilfully does or says anything or omits to do or say anything for the purpose of misleading or attempting to mislead any officer concerned in the administration of this Act or any other person whomsoever, for the purpose of receiving or continuing to receive receiving or continuing to receive
a: any benefit under this Act or Part 6 or the New Zealand Superannuation and Retirement Income Act 2001
b: any exemption from any obligation under this Act; or
c: any payment from a
d: any entitlement card issued under regulations made pursuant to section 132A
e: a more favourable means assessment under section 69FA
f: a more favourable means assessment under Part 4 commits an offence and shall be liable on $5,000 Section 127 replaced 20 October 1972 section 41 Social Security Amendment Act 1972 Section 127 heading amended 7 July 2014 section 29 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 Section 127 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 127 amended 30 June 1993 section 29(2) Social Security Amendment Act (No 3) 1993 Section 127 amended 23 December 1977 section 29 Social Security Amendment Act (No 2) 1977 Section 127(a) replaced 1 April 1994 section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 Section 127(a) amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 127(a) amended 5 December 2013 section 15(5)﻿(j) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 127(a) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 127(a) amended 15 April 2003 section 12(1) War Pensions Amendment Act 2003 Section 127(a) amended 12 October 2001 section 77 New Zealand Superannuation and Retirement Income Act 2001 Section 127(c) replaced 30 June 1993 section 29(1) Social Security Amendment Act (No 3) 1993 Section 127(c) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 127(d) inserted 30 June 1993 section 29(1) Social Security Amendment Act (No 3) 1993 Section 127(e) replaced 1 July 2005 section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004 Section 127(f) inserted 1 July 2005 section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004
127A: Offences: spouse or partner benefiting from excess amount knowing, or being reckless about whether, it is obtained by beneficiary's fraud
1: A person (the spouse or partner
a: is a spouse or partner of a person (the beneficiary
b: benefits directly or indirectly from the amount or a part of it knowing that, or being reckless about whether, the amount or part is an amount or part—
i: in excess of the amount to which the beneficiary is by law entitled or to which the beneficiary has no entitlement; and
ii: obtained by the beneficiary by fraud.
2: Subsection (1)﻿(b) applies to the amount or part even if the spouse or partner—
a: does not benefit from it knowingly; and
b: does not know at all or exactly its value; and
c: does not know, or (as the case requires) is not reckless about, the precise way in which it was obtained by the beneficiary by fraud.
3: The beneficiary obtains an excess amount for the purposes of subsection (1) if the beneficiary obtains any payment, or receives any credit or advance, referred to in section 85A
4: The excess amount is obtained by the beneficiary by fraud for the purposes of subsection (1) if—
a: the beneficiary obtained that amount by fraud (as defined in sections 83AA(4)﻿(a) 86AA(2)﻿(a)
b: the beneficiary is convicted of a specified offence in respect of obtaining that amount.
5: Specified offence section 127 Crimes Act 1961
a: section 228
b: sections 240 241
c: section 256(1) and (2)
d: section 257
e: section 258
f: section 259
6: Subsections (4) and (5) do not limit—
a: the generality of the references in subsection (1) to fraud; or
b: the operation of section 49
7: A person who commits an offence under subsection (1) is liable on conviction to a penalty that is either or both:
a: imprisonment for a term not exceeding 12 months:
b: a fine not exceeding $5,000. Section 127A inserted 7 July 2014 section 13 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014
128: Time for filing charging document
Despite anything to the contrary in section 25 Section 128 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
129: General penalty for offences
Every person who commits an offence against this Act or any regulations made under this Act, for which no penalty is provided elsewhere than in this section, is liable on $1,000 and, if the offence is a continuing one, to a further fine not exceeding $50 for every day or part of a day during which the offence has continued 1938 No 7 s 138 Section 129 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 129 amended 30 June 1993 section 31 Social Security Amendment Act (No 3) 1993
130: Exemptions from stamp duty
Section 130 repealed 1 January 1972 section 101(1) Stamp and Cheque Duties Act 1971
131: Declarations
Any declaration required for the purposes of this Act may be made before any person authorised to receive declarations in accordance with section 9 1938 No 7 s 139(2)
131A: Disclosure of information between Department of Social Welfare and Department of Labour
Section 131A repealed 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
131B: Definitions for purposes of sections 131C and 131D
Section 131B repealed 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
131C: Notice of decision to suspend, reduce, or cancel work-tested benefit
Section 131C repealed 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
131D: Reduction of notice period
Section 131D repealed 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
131E: Notices
Section 131E repealed 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
131F: Jurisdiction of Privacy Commissioner
Section 131F repealed 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
131G: Privacy Commissioner to report on compliance with section 131C
Section 131G repealed 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
3A: Administration: regulations and rules, annual reports, and repeals and savings
Part 3A heading inserted 15 July 2013 section 62 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
132: Regulations
The Governor-General may from time to time, by Order in Council, make regulations providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof. 1938 No 7 s 140
132AA: Regulations exempting items from treatment as income or cash assets may have retrospective effect
1: This section applies to regulations made under section 132
a: declare items or amounts of income or income from a specified source not to be income; or
b: declare items of cash assets or cash assets of a specified kind not to be cash assets.
2: Any regulations to which this section applies have effect in respect of any income or cash assets specified in the regulations on and after any date specified in the regulations (which may be a date before, on, or after the date on which the regulations are made). Section 132AA inserted 26 September 2002 section 28 Social Security (Personal Development and Employment) Amendment Act 2002
132AB: Regulations relating to temporary additional support
1: Without limiting the general power to make regulations under section 132 section 61G
a: prescribe or provide for the setting of eligibility criteria for receiving temporary additional support:
b: prescribe amounts allowed for standard living costs that ought to be met from chargeable income ( standard costs
i: whether the applicant or the applicant's spouse or partner
ii: the kind and amount of benefit or benefits or tax credit or credits received by the applicant or his or her spouse or partner
iii: whether the applicant has a spouse or partner
iv: whether the applicant's spouse or partner
v: the number and ages of the applicant's dependent children:
c: define the kinds of costs that are allowable costs, including any limits on the extent to which any such costs are allowable costs:
d: define the kinds of income, benefits, credits, and receipts that are chargeable income, including any limits on the extent to which any income, benefit, credit, or receipt of that kind is chargeable income:
e: prescribe amounts of temporary additional support that may be granted or 1 or more means for calculating the amount of temporary additional support to be granted, which may differ depending on whether the applicant—
i: has a dependent spouse or partner
ii: has a dependent child; or
iii: is in any other prescribed circumstances:
f: define the kinds of assets that are cash assets, including any limits on the extent to which any such assets are cash assets, and prescribe 1 or more cash asset limits, which may differ depending on whether the applicant—
i: has a dependent spouse or partner
ii: has a dependent child; or
iii: is in any other prescribed circumstances:
g: prescribe the period or periods for which temporary additional support may be granted:
h: authorise the payment of temporary additional support in a lump sum up to a specified maximum amount in any prescribed circumstances.
2: For the purposes of any calculation made under section 61G or partner Section 132AB inserted 4 June 2004 section 17 Social Security (Working for Families) Amendment Act 2004 Section 132AB(1)﻿(b)﻿(i) amended 26 April 2005 section 4(1) Social Security Amendment Act 2005 Section 132AB(1)﻿(b)﻿(ii) amended 26 April 2005 section 4(1) Social Security Amendment Act 2005 Section 132AB(1)﻿(b)﻿(iii) amended 26 April 2005 section 4(1) Social Security Amendment Act 2005 Section 132AB(1)﻿(b)﻿(iv) amended 26 April 2005 section 4(1) Social Security Amendment Act 2005 Section 132AB(1)﻿(e)﻿(i) amended 26 April 2005 section 4(1) Social Security Amendment Act 2005 Section 132AB(1)﻿(f)﻿(i) amended 26 April 2005 section 4(1) Social Security Amendment Act 2005 Section 132AB(2) amended 26 April 2005 section 4(2) Social Security Amendment Act 2005
132A: Regulations providing for issue and use of entitlement cards
1: Without limiting the general power to make regulations conferred by section 132
a: providing for the issue of entitlement cards to various classes of persons:
b: prescribing the classes of persons eligible to be issued with entitlement cards:
ba: providing for cardholders' photographs to be affixed to or imaged into a category of entitlement cards and prescribing procedures, requirements, and other matters in relation to those photographs:
c: prescribing and regulating the use of entitlement cards, including (but not limited to)—
i: their use to obtain payment of any benefit, allowance, or payment under this Act:
ii: their use as evidence that the holder or a dependent spouse or partner
iii: their use to obtain any payment or exemption from payment in consideration of services supplied to the holder of the entitlement card, or his or her dependent spouse or partner
iv: placing time limits on the validity of entitlement cards:
v: placing obligations on holders to return entitlement cards to the department:
vi: any other conditions relating to their use:
d: prescribing offences relating to the improper use of entitlement cards (other than a use which constitutes an offence under section 127
2: For the avoidance of doubt it is hereby declared that regulations made under this section may provide for entitlement cards to have all or any of a magnetic stripe or a barcode on them, or a microchip embedded in them,
a: the cardholder's name:
b: an identifying number assigned by the department to the cardholder:
c: a number or code indicating the cardholder's class of eligibility for the card:
d: an identifying number assigned to the card:
e: the commencement and expiry dates of the card:
f: a code number for mailing purposes.
3: An Order in Council providing for the embedding of microchips in entitlement cards may not be made under this section except on the recommendation of the Minister.
4: The Minister must not recommend the making of an Order in Council referred to in subsection (3) unless, to ensure privacy and personal information are fully protected, adequate consultation concerning the privacy and security of the information to be contained in the microchip has taken place with—
a: the State Services Commission; and
b: the Privacy Commissioner; and
c: any other State agency, department, or organisation the Minister considers relevant. Section 132A inserted 1 August 1991 section 22 Social Security Amendment Act (No 2) 1991 Section 132A(1)﻿(ba) inserted 22 May 2007 section 5(1) Social Security (Entitlement Cards) Amendment Act 2007 Section 132A(1)﻿(c)﻿(ii) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 132A(1)﻿(c)﻿(iii) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 132A(2) inserted 30 June 1993 section 32 Social Security Amendment Act (No 3) 1993 Section 132A(2) amended 22 May 2007 section 5(2) Social Security (Entitlement Cards) Amendment Act 2007 Section 132A(3) inserted 22 May 2007 section 5(3) Social Security (Entitlement Cards) Amendment Act 2007 Section 132A(4) inserted 22 May 2007 section 5(3) Social Security (Entitlement Cards) Amendment Act 2007
132AC: Regulations relating to childcare assistance
1: Without limiting the general power to make regulations under section 132 section 61GA
a: prescribe or provide for the setting of eligibility criteria for receiving childcare assistance, and which may include (without limitation) criteria based on—
i: the income of the principal caregiver and his or her spouse or partner
ii: the age of the dependent child and whether the child attends school:
iii: whether the principal caregiver or the dependent child or any of the principal caregiver's other dependent children has a disability or serious illness:
iv: whether there is another person available to care for the child:
v: whether the principal caregiver is undertaking employment or is engaged in—
A: an employment-related activity arranged or approved by the department; or
B: an approved course of study; or
C: an approved rehabilitation programme:
b: prescribe the kinds of childcare assistance to be provided, which may differ depending on the purposes of the childcare and the age of the child, or in any other prescribed circumstances:
c: prescribe the amounts of childcare assistance to be paid, which may differ depending on the kind of assistance to be provided, the income of the principal caregiver and his or her spouse or partner
d: prescribe the number of hours a week for the weeks during the year for which childcare assistance is available, which may differ depending on the purposes of the childcare or the principal caregiver's activity, employment, or study, or whether the assistance is granted for the school term or during school holidays, or in any other prescribed circumstances:
e: provide for childcare assistance to be available to keep a child's place open in a childcare facility or programme during temporary absence:
f: prescribe kinds of childcare facilities or programmes for which childcare assistance may be paid:
g: authorise the chief executive to approve other kinds of childcare facilities or programmes for which childcare assistance may be paid and regulate—
i: the period for which approval may be granted; and
ii: the criteria for their approval:
h: regulate the method of application for, and payment of, childcare assistance (which may include provision for payment to be made directly to a childcare facility or provider of a programme, and conditions relating to the payment of childcare assistance applicable to any such facility or provider):
i: provide for the recovery of any overpayments of assistance from a childcare facility or the provider of a programme or from the person granted the assistance:
j: define the kinds of income, benefits, credits, and receipts to be treated as income for the purposes of section 61GA
k: prescribe transitional arrangements.
2:
3:
4:
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) 170(2)﻿(c) Section 132AC inserted 4 June 2004 section 18 Social Security (Working for Families) Amendment Act 2004 Section 132AC(1)﻿(a)﻿(i) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 132AC(1)﻿(c) amended 26 April 2005 section 3 Social Security Amendment Act 2005 Section 132AC(2) repealed 24 August 2010 section 30 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 132AC(3) repealed 24 August 2010 section 30 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 132AC(4) repealed 24 August 2010 section 30 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 Section 132AC(5) inserted 15 July 2013 section 116 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
132AD: Regulations on use of disability allowance to fund specified expenses
1: The Governor-General may, by Order in Council, make regulations relating to the use of a disability allowance to fund specified expenses.
2: Any such regulations may (without limiting subsection (1)) do all or any of the following:
a: specify classes, descriptions, or kinds of expenses that must not be funded by way of a disability allowance:
b: specify classes, descriptions, or kinds of expenses that 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:
c: provide for transitional and savings provisions relating to use of a disability allowance to fund specified expenses.
3: Any such regulations that do what is stated in subsection (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 expenses concerned:
b: maximum funded amounts for all or any specified expenses, specified periods, or both:
c: maximum numbers, frequencies, or both, of grants for all or any specified expenses.
4: Transitional or savings provisions under subsection (2)﻿(c) may, without limitation, provide for all or any of the following:
a: separate transitional or savings provisions for all or any specified people to or on account of whom a disability allowance is payable immediately before the commencement of this section:
b: separate transitional or savings provisions for all or any specified expenses to which the regulations apply (when they, or any regulations amending them or made under subsection (2)﻿(c), come into force):
c: specified transitional or savings provisions to have effect at a time, or on the occurrence of an event (for example, at the end of any existing contractual arrangements), specified in any general or special directions given to the chief executive in writing by the Minister under section 5 Section 132AD inserted 17 April 2013 section 58 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
132B: Regulations providing for assessment of financial means of people requiring disability services
Section 132B repealed 1 July 2005 section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004
132C: Regulations relating to overseas pensions
1: Without limiting the general power to make regulations conferred by section 132
a: providing for the determination by the chief executive section 70(1)
b: providing that the currency exchange rate to be used by the chief executive
i: the average of the currency exchange rates (or, as the circumstances require, averages of different currency exchange rates) between the country paying the overseas pension and New Zealand during a period specified in the regulations; or
ii: any one of the currency exchange rates that occurs between the country paying the overseas pension and New Zealand within a period specified in the regulations; or
iii: either the average of the currency exchange rates (or, as the circumstances require, averages of different currency exchange rates) between the country paying the overseas pension and New Zealand during a period specified in the regulations or any one of the currency exchange rates that occurs between the country paying the overseas pension and New Zealand within a period specified in the regulations, whichever is the more favourable to the overseas pensioner:
c: prescribing the kinds of currency exchange rates that are to be used for the purposes of paragraph (b):
d: providing that the period referred to in paragraph (b) may be a different period from the period to which the payment of the overseas pension relates and a different period from the period to which the payment of the benefit relates:
e: prescribing, for the purposes of the determination referred to in paragraph (a), the kinds of bank fees that may be taken into account and the manner in which they may be taken into account:
f: providing that a determination made under paragraph (a), and made in accordance with regulations made under paragraphs (b) to (e), shall be conclusive:
g: regulating the making, implementation, and variation of arrangements under section 70(3)﻿(a)
i: prescribing the categories of overseas pensioners with whom the chief executive
ii: prescribing requirements that must be fulfilled before such arrangements can be entered into:
iii: prescribing conditions to be included in such arrangements:
iv: prescribing methods that may be specified in such arrangements for payment to the chief executive chief executive
v: providing, in relation to any such arrangements that are in force when regulations under this section are made, that the regulations do not apply (in whole or in part) to those arrangements:
vi: providing for the chief executive
h:
i:
j:
2: Unless regulations made under paragraph (g) of subsection (1) provide otherwise, any regulations made under that paragraph apply to arrangements under section 70(3)﻿(a)
a: the regulations prevail over the arrangements to the extent that there is any inconsistency between the regulations and the arrangements; and
b: the arrangements are taken to be modified to the extent necessary to give effect to the regulations. Section 132C inserted 2 September 1996 Social Security Amendment Act (No 6) 1996 Section 132C(1)﻿(a) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 132C(1)﻿(b) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 132C(1)﻿(g) replaced 28 March 1998 section 3(1) Social Security (Overseas Pensions) Amendment Act 1998 Section 132C(1)﻿(g)﻿(i) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 132C(1)﻿(g)﻿(iv) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 132C(1)﻿(g)﻿(vi) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 132C(1)﻿(h) repealed 28 March 1998 section 3(1) Social Security (Overseas Pensions) Amendment Act 1998 Section 132C(1)﻿(i) repealed 28 March 1998 section 3(1) Social Security (Overseas Pensions) Amendment Act 1998 Section 132C(1)﻿(j) repealed 28 March 1998 section 3(1) Social Security (Overseas Pensions) Amendment Act 1998 Section 132C(2) inserted 28 March 1998 section 3(2) Social Security (Overseas Pensions) Amendment Act 1998
132D: Regulations exempting income and assets from assessment of financial means of people requiring certain disability services
Section 132D repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
132E: Regulations relating to work capacity assessment
Section 132E repealed 8 March 2001 section 4(2) Social Security Amendment Act 2001
132F: Regulations providing for participation allowance
1: Without limiting the general power to make regulations conferred by section 132
2: Without limiting subsection (1), the regulations may—
a: provide for different allowances, and different rates of allowances, to be paid in respect of different activities and categories of person:
b: provide that no allowances are payable in respect of certain activities, or in respect of certain categories of person:
c: set conditions for the receipt of allowances:
d: set out the rates, or range of available rates, of allowances, and provide for maximum total allowances which may be granted to any person for any particular period:
e: provide that a total allowance may be made up of separate allowances granted for different reasons, or in respect of different activities or purposes, and provide for a method or methods of calculating total allowances. Section 132F inserted 1 October 1998 section 55 Social Security Amendment Act 1998
132G: Regulations providing for remittance or suspension of debt
1: The Governor-General may, from time to time, by Order in Council, make regulations requiring or permitting—
a: the recovery of amounts recoverable under sections 86(1) to (1B) and (3) to (5) 86AA
b: those amounts to be remitted.
2: Regulations under subsection (1) may require or permit the suspension of recovery of amounts, or the remission of amounts,—
a: of a particular kind or from persons of a particular kind:
b: of a particular value (which may differ between persons of a particular kind):
c: in the case of suspension, for periods that may differ for amounts of a particular kind or value, or between persons of a particular kind.
3: Regulations may not be made under subsection (1) unless the Minister advises that he or she is satisfied that the regulations are likely to—
a: prevent accumulation of debt by any category of beneficiary and assist those beneficiaries to reduce their levels of debt while on a benefit; or
b: assist any category of beneficiary to move from dependence on a benefit to self-support through employment by ensuring that those beneficiaries do not face increasing benefit debt repayments when they enter the workforce; or
c: provide a positive incentive for beneficiaries to enter employment or stay in employment; or
d: achieve more than 1 of the objectives set out in paragraphs (a) to (c).
4: This section does not limit the power to make regulations conferred by section 132 Section 132G inserted 26 September 2002 section 29 Social Security (Personal Development and Employment) Amendment Act 2002 Section 132G(1)﻿(a) amended 7 July 2014 section 30 Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014
132H: Rules providing for determination of incomes of certain people by chief executive
1: The Governor-General may, by Order in Council, make rules—
a: prescribing how the chief executive is to assess and determine for the purposes of this Act the income of any or all of the following:
i: self-employed people:
ii: people carrying on business in a partnership:
iii: people trading as a small business:
iv: directors of a company:
v: people carrying on business or trade through a company of which they are—
A: a director and a shareholder; or
B: an employee and a shareholder; or
C: a director, a shareholder, and an employee:
vi: people otherwise engaged in business or trade; and
b: prescribing the circumstances in which those rules apply.
2: Rules under subsection (1) may prescribe for the purposes of this Act any or all of the following:
a: the kinds of deduction from income allowed under the Income Tax Act 2004
i: the circumstances in which the deductions are to be disregarded; and
ii: whether the deductions are to be disregarded wholly or in part only:
b: how income is to be calculated where business accounts are presented in cash or accrual form:
c: livestock valuation methods, and their treatment, in calculating income:
d: the extent (if any) to which, and circumstances in which, any or all of the following are to be treated as a person's income:
i: the person's drawings from a business or trade:
ii: goods or services supplied to the person by a business or trade:
iii: distributions to the person from a business or trade:
iv: income from a business or trade by the person:
e: how it is to be determined whether a person has used assets of a business or trade for no consideration or inadequate consideration:
f: how a person's income is to be determined where he or she has used assets of a business or trade for no consideration or inadequate consideration:
g: the extent (if any) to which depreciation or other provision for replacement of capital assets is to be—
i: allowed as a deduction from income; or
ii: disregarded in calculating income:
h: the extent (if any) to which, and circumstances in which, either or both of the following are to be treated as income:
i: distributions from a company:
ii: retained profits of a company:
i: the treatment of loss-attributing qualifying companies (within the meaning of the Income Tax Act 2007
3: Subsection (2)﻿(d) applies to businesses and trades however they are carried on.
4: Subsection (3) does not limit or affect the generality of subsection (1).
5: This section does not limit or affect the generality of section 132 Section 132H inserted 2 July 2007 section 15 Social Security Amendment Act 2007 Section 132H(2)﻿(i) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
132I: Rules relating to determination by chief executive of deprivation of property or income
1: The Governor-General may, by Order in Council, for the purposes of section 74(1)﻿(d)
a: relating to the deprivation of property, income, or both; and
b: prescribing the circumstances in which the rules apply.
2: This section does not limit or affect the generality of section 132 Section 132I inserted 2 July 2007 section 15 Social Security Amendment Act 2007
132J: Regulations stating pre-benefit activities
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations stating pre-benefit activities for the purposes of sections 11E 11G 11H
2: The Minister must not recommend the making of regulations under subsection (1) unless, in his or her opinion, each pre-benefit activity concerned is likely to—
a: increase the awareness of the people undertaking it of opportunities for employment; or
b: strengthen incentives for the people undertaking it to move into employment; or
c: facilitate the movement of the people undertaking it into employment.
3: This section does not limit section 132 Section 132J inserted 24 September 2007 section 44 Social Security Amendment Act 2007 Section 132J(1) amended 15 July 2013 section 68 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
132K: Regulations relating to advance payments of benefit
1: The Governor-General may, by Order in Council, make regulations for the purpose of section 82(6)
a: specify the manner and form in which an application for advance payments of a benefit may be made under that section, which may differ depending on the number of times the beneficiary has applied for advance payments of a benefit under that section, or for special assistance under section 124(1)﻿(d)
b: define the kinds of budgeting activities that the chief executive may require a person to undertake under section 82(6B)
c: prescribe the circumstances in which the power referred to in section 82(6B)
2: Nothing in subsection (1) limits section 132 Section 132K inserted 24 August 2010 section 31 Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010
132L: Regulations relating to effect on benefit of warrant to arrest beneficiary
1: The Governor-General may by Order in Council make regulations for the purpose of section 75B
a: provisions prescribing classes, descriptions, or kinds of offences excluded from the operation of section 75B(1)﻿(a)
b: provisions prescribing for the purposes of section 75B(2)﻿(a)﻿(iii) section 75B(2)﻿(b)﻿(ii) section 75B excluded beneficiaries section 75B(3) to (6) section 75B(7) and (8)
c: provisions for any other matters contemplated by section 75B
2: Nothing in this section limits section 132 Section 132L inserted 15 July 2013 section 59 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
132M: Regulations relating to expiry and re-grant of specified benefits
1: The Governor-General may by Order in Council make regulations for the purpose of sections 80BE and 80BF
a: declare a benefit that is sole parent support, supported living payment, or emergency benefit (including, without limitation, that benefit as granted in either or both of the ways specified in section 80BE(6)﻿(a) and (b) sections 80BE 80BF
b: prescribe the expiry date or expiry dates for every benefit that is a specified benefit for the purposes of sections 80BE 80BF
c: specify circumstances in which the chief executive may under section 80BE(8) section 80BE
2: Regulations under subsection (1)﻿(b) may, without limitation, prescribe the same expiry date, or 2 or more different expiry dates, for all or any combination of the following:
a: each specified benefit for the purposes of sections 80BE 80BF
b: each specified benefit for the purposes of sections 80BE 80BF
c: each specified benefit for the purposes of sections 80BE 80BF
3: Nothing in this section limits section 132 Section 132M inserted 15 July 2013 section 59 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
133: Annual reports
1: The Minister charged with the administration of any Part of this Act shall, as soon as practicable after the close of each financial year, cause to be prepared a report of the operations carried out under that Part during the financial year.
2: Every such report shall be laid before Parliament within 28 days after it has been received by the Minister concerned therewith if Parliament is then in session, and, if not, shall be laid before Parliament within 28 days after the commencement of the next ensuing session. 1938 No 7 s 141 1957 No 93 s 5(3) 1963 No 47 s 39
134: Consequential amendment
Section 134 repealed 1 April 1972 section 18(4) Department of Social Welfare Act 1971
135: Repeals and savings
1: The enactments specified in Schedule 13
2: For all purposes whatsoever in respect of any social security contribution or social security charge which at the commencement of this Act has already been assessed or paid or is still assessable or payable in or for any year before the year commencing on 1 April 1958, or deductible on or before or after that date from any salary or wages or other income for any period before that date, in accordance with any provision of the Social Security Act 1938 Social Security Act 1938 Social Security Act 1938
3: All proceedings in respect of offences committed or alleged to have been committed against any enactment hereby repealed or against any provision of the Social Security Act 1938
4:
5: If a sickness benefit was in force on 13 September 1961 (the date of the passing of the Social Security Amendment Act 1961), and is in force at 1 April 1965 (the date of the commencement of this Act),—
a: nothing in section 55(1) 66 Schedule 9 10
b: it may be continued as if this Act, and section 6 of the Social Security Amendment Act 1961, had not been passed. Section 135(4) repealed 1 October 1987 Social Security (Reciprocity with Australia) Act 1987 Section 135(5) replaced 12 December 2012 section 6 Social Security Amendment Act (No 2) 2012
4: Long-term residential care in hospital or rest home
Part 4 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
136AA: Purpose of this Part
Section 136AA repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
136AB: Overview of this Part
Section 136AB repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
136: Interpretation
Section 136 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018 Needs assessment Heading repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
137: Needs assessment
Section 137 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
138: Effect of being assessed as requiring long-term residential care in hospital or rest home indefinitely
Section 138 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018 Liability to pay Heading repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
139: Personal obligation to pay for care
Section 139 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
140: Funder's liability in respect of persons whose assets are above applicable asset threshold or who have not been means assessed
Section 140 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
141: Funder's liability in respect of persons whose assets are equal to or below applicable asset threshold
Section 141 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
142: Funder's liability in respect of exempt persons and elderly victims of crime
Section 142 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
143: Residents assessed as requiring care aged 50 to 64 not required to pay out of assets
Section 143 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018 Means assessment Heading repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
144: Application for means assessment
Section 144 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
145: Date of means assessment
Section 145 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
146: Means assessment as to assets
Section 146 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
147: Means assessment as to income
Section 147 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
147A: Deprivation of assets and income
Section 147A repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
148: Notice of means assessment (including reviews)
Section 148 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
149: Obligation to advise change of circumstances and right to apply for review
Section 149 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
150: Review of means assessment
Section 150 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
151: Conjugal status for purpose of means assessment
Section 151 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018 Miscellaneous Heading repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
152: Maximum contributions set by
Gazette Section 152 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
153: Residential care loan scheme
Section 153 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
154: Clothing allowance
Section 154 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
155: Regulations relating to this Part
Section 155 repealed 26 November 2018 section 77(1) Residential Care and Disability Support Services Act 2018
5: Financial support for young people
Part 5 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012
156: Purpose
The purpose of this Part is to specify the supports, obligations, and sanctions that apply to certain young people who receive financial assistance under this Act. Section 156 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012
157: Interpretation
In this Part and in Schedule 26 accommodation costs section 61E(1) approved training full-time course regulation 2(1) in-hand allowance Schedule 26 parents
a: means the parents or guardians or other person who had the care of the young person most recently before the young person turned 16 years; and
b: includes any other parent, or guardian or former guardian, willing to have financial responsibility for the young person; but
c: does not include—
i: the chief executive of the department responsible for administering the Oranga Tamariki Act 1989
ii: any body or organisation approved under section 396 service costs section 61E(1) specified beneficiary
a:
b: an emergency benefit, supported living payment under section 40B jobseeker support
c: New Zealand superannuation paid at a rate specified in clause 2 of Schedule 1
d: a veteran’s pension at the relationship (partner not receiving superannuation or pension) rate or the relationship (partner not receiving superannuation or pension) legacy rate (as defined in section 158 teen parent unit Education Act 1989 WFF tax credit section YA 1 work-based learning Section 157 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 157 NCEA level 2 repealed 8 July 2016 section 25(1) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 157 parents amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 157 specified beneficiary repealed 15 July 2013 section 93(1) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 157 specified beneficiary amended 8 July 2016 section 25(2) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 157 specified beneficiary amended 15 July 2013 section 93(2) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 157 specified beneficiary amended 15 July 2013 section 108 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 157 specified beneficiary amended 15 July 2013 section 128(2)﻿(a) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 157 specified beneficiary amended 7 December 2014 section 278 Veterans’ Support Act 2014 Section 157 young person repealed 8 July 2016 section 25(1) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Youth payment Heading inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012
158: Youth payment: basic criteria
1: The basic qualifications for entitlement to a youth payment are in subsection (2). The qualifications for a single young person are in section 159 section 160
2: The basic qualifications for entitlement to a youth payment are that the young person—
a: is aged 16 or 17 years; and
b: is without a dependent child or dependent children; and
c: either—
i: is undertaking or is available for a full-time course of secondary instruction, or tertiary education, or approved training, or approved work-based learning, leading to—
A: NCEA level 2; or
B: an equivalent qualification (in the opinion of the chief executive); or
C: a higher qualification; or
ii: would be so available but for circumstances that would qualify the young person for an exemption under section 105 section 170(1)﻿(a)
d: meets the residential requirements set out in section 74AA
e: has no income or an income of less than the amount that would fully abate the youth payment.
3: Nothing in subsection (2)﻿(e) affects the entitlement of a young person to receive a youth payment if, during a temporary period, the person has income sufficient to abate the payment fully but the person otherwise fulfils the conditions of entitlement to the payment. 1964 No 136 ss 60F(1), (2) 89(5) Section 158 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012
159: Youth payment: single young persons
1: A single person is entitled to a youth payment if—
a: section 158(2)
b: the chief executive is satisfied that the young person is in exceptional circumstances.
2: For the purposes of subsection (1), a young person is in exceptional circumstances
a: each of his or her parents (and guardians (if any)) is unable to support him or her financially; or
b: his or her relationship with his or her parents (and guardians (if any)) has broken down, and none of them is prepared to support him or her financially; or
c: he or she has ceased to be subject to—
i: an agreement under section 140 Oranga Tamariki Act 1989
ii: an order under section 78 101 283(n)
iii: a sole guardianship order under section 110
d: the chief executive is satisfied that (for some other good and sufficient reason) the young person cannot reasonably be expected to be financially dependent on his or her parents or any other person.
3: However, a young person is not in exceptional circumstances
a: he or she has the option of living with a parent or guardian but chooses not to; and
b: the chief executive is not satisfied that there are good and sufficient reasons for the young person not to live with that parent or guardian. 1964 No 136, s 60FA Section 159 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 159(2)﻿(c)﻿(i) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
160: Youth payment: young persons who are or have been married, or in civil union or de facto relationship
A person is entitled to a youth payment if—
a: he or she is or has been married, or in a civil union or de facto relationship; and
b: he or she is not married to, or in a civil union or de facto relationship with, a specified beneficiary within the meaning of any of paragraphs (b) to (d) of the definition of that term in section 157
c: section 158(2) Section 160 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012
161: Youth payment: ground of hardship
The chief executive may grant a youth payment under section 159 160 section 158(2)
a: the young person is suffering hardship; and
b: the young person is not qualified to receive any other benefit; and
c: the young person is unable to earn a sufficient income to support himself or herself and his or her spouse or partner (if any). 1964 No 136 s 90(1) Section 161 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012
162: Youth payment: continuation after age 18
1: A youth payment granted when the young person concerned was aged under 18 years continues, if he or she is otherwise qualified for it,—
a: in the case of a payment granted on an application made on or after the commencement of Part 1
b: in the case only of a payment granted to a young person who, on the day when he or she turns 18, is (in the chief executive's opinion) continuing in a course of education, training, or work-based learning, until,—
i: if the course is a course of secondary instruction or if the course ends in December, the close of the following 31 March:
ii: in any other case, the close of the day on which the course ends.
2: While a youth payment continues by virtue of subsection (1)﻿(a), the young person concerned is not eligible to be granted any of the following benefits:
a: sole parent support
ab: a supported living payment on the ground of caring for a patient requiring care, under section 40D
b:
c:
d: an emergency benefit:
e: jobseeker support Section 162 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 162(1)﻿(b)﻿(i) replaced 25 October 2016 section 26(1) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 162(1)﻿(b)﻿(ii) replaced 25 October 2016 section 26(1) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 162(2)﻿(a) replaced 15 July 2013 section 78 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 162(2)﻿(ab) inserted 8 July 2016 section 26(2) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 162(2)﻿(b) repealed 15 July 2013 section 78 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 162(2)﻿(c) repealed 15 July 2013 section 109 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 162(2)﻿(e) replaced 15 July 2013 section 128(1)﻿(n) Social Security (Benefit Categories and Work Focus) Amendment Act 2013
163: Youth payment: rate and components
1: A youth payment is payable at the appropriate rate set out in Schedule 26
2: If a young person to whom a youth payment is payable meets the criteria prescribed for the purposes of this section by regulations made under this Act, there is payable together with that payment the appropriate incentive payment (if any) stated in Schedule 26
3: Subsection (2) is subject to section 178 Section 163 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012 Young parent payment Heading inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012
164: Young parent payment: basic criteria
1: The basic qualifications for entitlement to a young parent payment are in subsection (2). The qualifications for a single person are in section 165 section 166
2: The basic qualifications for entitlement to a young parent payment are that the young person—
a: is aged 16 to 19 years
b: is a parent or step-parent of a dependent child or dependent children; and
c: either—
i: is undertaking or is available for a full-time course of secondary instruction, tertiary education, approved training, or approved work-based learning, leading to—
A: NCEA level 2; or
B: an equivalent qualification (in the opinion of the chief executive); or
C: a higher qualification; or
ii: would be so available but for circumstances—
A: under which the obligation to undertake education or training or work-based learning in section 170(1)﻿(a) section 170(3)
B: that would qualify the young person for an exemption under section 105
d: meets the residential requirements set out in section 74AA
e: has no income or an income of less than the amount that would fully abate the young parent payment.
3: Nothing in subsection (2)﻿(e) affects the entitlement of a young person to receive a young parent payment if, during a temporary period, the person has income sufficient to fully abate the payment but the person otherwise fulfils the conditions of entitlement to the payment.
4: For the purposes of subsection (2)﻿(b), a dependent child of a young person who is married, in a civil union, or in a de facto relationship must also be treated as a dependent child of the young person’s spouse or partner. 1964 No 136 ss 3(5) 60F(1), (2) 89(5) Section 164 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 164(2)﻿(a) amended 25 October 2016 section 27 Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016
165: Young parent payment: single young persons
1: A young person is entitled to receive a young parent payment if—
a: section 164(2)
b: subsection (2) or subsection (3) or subsection (4) applies to him or her.
2: This subsection applies to a single young person if he or she—
a: is aged 16 or 17 years; and
b: is not living with a parent or guardian; and
c: is in exceptional circumstances (within the meaning of section 159
3: This subsection applies to a single young person if—
a: he or she is aged 16 or 17 years; and
b: he or she is living with or being financially supported by a parent or guardian; and
c: the family scheme income (within the meaning of the Income Tax Act 2007) of the parent or guardian concerned and the spouse or partner (if any) of the parent or guardian concerned is less than the amount that would, in accordance with sections MD 1 MD 13
4: This subsection applies to a single young person who is aged 18 years or 19 years
5: For the purposes of the calculation required by subsection (3)﻿(c), if the parent or guardian with whom the young person concerned is living or by whom he or she is being supported has no family tax credit entitlement because that parent or guardian has no dependent children (within the meaning of section YA 1
6: Nothing in this section entitles a parent or guardian to whom subsection (5) applies to a family tax credit. Section 165 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 165(4) amended 25 October 2016 section 28 Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016
166: Young parent payment: persons who are or have been married, or in civil union or de facto relationship
A young person is entitled to receive a young parent payment if section 164(2)
a: he or she is not married, or in a civil union or de facto relationship, but has been married or in a civil union or de facto relationship; or
b: he or she is married, or in a civil union or a de facto relationship, but his or her spouse or partner is not a specified beneficiary within the meaning of paragraphs (b) to (d) of the definition of that term in section 157 1964 No 136 s 60FB Section 166 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012
167: Young parent payment: ground of hardship
The chief executive may grant a young parent payment under section 165 166 paragraphs (a) to (c) and (e) of section 164(2)
a: the young person is suffering hardship; and
b: the young person is not qualified to receive any other benefit; and
c: the young person is unable to earn a sufficient income to support himself or herself, and his or her spouse or partner (if any) and dependent children. 1964 No 136 s 90(1) Section 167 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012
168: Young parent payment: continuation after
turning 20
1: A young parent payment granted when the young person concerned was aged under 20 years
a: in the case of a payment granted on an application made on or after the commencement of section 24 turns 20
b: in the case only of a payment granted to a young person who, on the day when he or she turns 20
i: if the course is a course of secondary instruction or if the course ends in December, the close of the following 31 March; or
ii: in any other case, the close of the day on which the course ends.
2: While a young parent payment continues by virtue of subsection (1)﻿(a), the young person concerned is not eligible to be granted the following benefits:
a: sole parent support:
ab: a supported living payment on the ground of caring for a patient requiring care, under section 40D
b:
c:
d: an emergency benefit:
e: jobseeker support Section 168 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 168 heading amended 25 October 2016 section 29(1) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 168(1) amended 25 October 2016 section 29(2) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 168(1)﻿(a) amended 25 October 2016 section 29(3) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 168(1)﻿(b) amended 25 October 2016 section 29(3) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 168(1)﻿(b)﻿(i) replaced 25 October 2016 section 29(4) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 168(1)﻿(b)﻿(ii) replaced 25 October 2016 section 29(4) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 168(2)﻿(a) replaced 15 July 2013 section 79 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 168(2)﻿(ab) inserted 8 July 2016 section 29(5) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 168(2)﻿(b) repealed 15 July 2013 section 79 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 168(2)﻿(c) repealed 15 July 2013 section 110 Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 168(2)﻿(e) replaced 15 July 2013 section 128(1)﻿(o) Social Security (Benefit Categories and Work Focus) Amendment Act 2013
169: Young parent payment: rate and components
1: A young parent payment is payable at the appropriate rate set out in Schedule 26
2: If a young person to whom a young parent payment is payable meets the criteria prescribed for the purpose of this section by regulations made under this Act, there is payable together with that payment the appropriate incentive payment (if any) stated in Schedule 26
3: Subsection (2) is subject to section 178 Section 169 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012 Obligations Heading inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012
170: Youth support payments: obligations
1: A young person receiving a youth support payment is subject to the following obligations:
a: to be enrolled in and undertaking to the satisfaction of the chief executive, or be available for, a full-time course of secondary instruction or tertiary education or approved training or work-based learning leading to—
i: NCEA level 2; or
ii: an equivalent qualification (in the opinion of the chief executive); or
iii: a higher qualification:
b: when required by the chief executive, to participate in and complete a budgeting programme approved by the chief executive for the purpose:
c: in the case only of a young person receiving a young parent payment, when required by the chief executive, to participate to the satisfaction of the chief executive in a parenting education programme approved by the chief executive for the purpose:
d: 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:
e: if a contracted service provider assigned to the young person by the chief executive has so required, to attend and participate in any interview with that provider:
ea: to give to the department or to a contracted service provider assigned to the young person (within 20 working days starting on the day after the date on which the chief executive informs the young person of the requirement) the following information:
i: details of the young person’s accommodation costs and service costs and other lawful debts and liabilities; and
ii: any other information reasonably required by the chief executive to effect money management under section 179
f: to report to the department, or to any contracted service provider assigned to the young person by the chief executive, on his or her compliance with the obligations in paragraphs (a) to (c) and subsection (2) as often as, and in the manner that, the chief executive (or, as the case requires, the provider) reasonably requires:
g: to co-operate with the chief executive, or with any contracted service provider assigned to the young person by the chief executive, in managing the spending of the young person’s youth payment or young parent payment, and (in particular)—
i: attend and participate in regular discussions on budgeting with an officer of the department (or, as the case requires, the provider); and
ii: at any discussion or when otherwise required, provide details of
A: the young person’s accommodation costs and service costs and other lawful debts and liabilities for the purpose of section 179(4)
B: how the young person has spent the amount of the payment paid to him or her and how the young person has spent any money credited to a payment card, voucher, or device in accordance with regulations under this Act.
2: A young person receiving a young parent payment is also subject to the following obligations:
a: to enrol every dependent child with a primary health organisation:
b: to keep every dependent child under the age of 5 years up-to-date with checks under—
i: the programme that immediately before the commencement of section 24
ii: any similar programme established in its place:
c: to ensure the child’s attendance at an approved early childhood education programme (as defined for the purposes of this paragraph in regulations under section 132AC
3: Except as provided in subsection (4), the obligations in subsections (1) and (2) apply to a young person receiving a youth support payment from the time that it is first paid to the young person.
4: Where a young person receiving a young parent payment is the principal caregiver of his or her youngest dependent child and the child is aged under 12 months, the obligation in subsection (1)﻿(a) begins to apply (in relation to the young person) only on the earlier of the following days:
a: the first day on which—
i: the child is at least 6 months old; and
ii: a suitable place is available for the young person in a teen parent unit; and
iii: the chief executive is satisfied that there are no special circumstances justifying the obligation's beginning to apply later:
b: the day on which the child becomes 12 months old.
5: A failure without good and sufficient reason to comply with obligations under this section is subject to sanctions, as provided in sections 173 174 Section 170 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 170(1)﻿(ea) inserted 8 July 2016 section 30(1) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 170(1)﻿(g)﻿(ii) amended 8 July 2016 section 30(2) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 170(2)﻿(c) amended 15 July 2013 section 117 Social Security (Benefit Categories and Work Focus) Amendment Act 2013
171: Obligations of, and incentives for, spouses
1: A young person who is aged 16 or 17 years and is without dependent children and is the spouse or partner
a: is subject to the obligations set out in section 170(1)﻿(a) and (b), (d) to (f), and (g)﻿(i)
b: is not subject to the work test or to section 60Q ; and
c: if the person meets the criteria prescribed for the purposes of section 163 Schedule 26
2: A young person who is aged 16 to 19 years, has a dependent child or children, and is the spouse or partner
a: is subject to the obligations set out in section 170(1)﻿(a) to (f) and (g)﻿(i)
b: is not subject to the work test or to section 60Q
c: if the person meets the criteria prescribed for the purposes of section 169 Schedule 26
3:
4: If a young person is aged under 18 when the obligations in subsection (1) start to apply to him or her, those obligations continue,—
a: until the close of the day that is 6 months after the date on which the obligations start to apply to the young person, even if he or she turns 18 during that 6-month period; or
b: in the case of a young person who, on the day when he or she turns 18, is continuing in a course of education, training, or work-based learning, until,—
i: if the course is a course of secondary instruction or if the course ends in December, the close of the following 31 March; or
ii: in any other case, the close of the day on which the course ends.
5: If a young person is aged under 20 when the obligations in subsection (2) start to apply to him or her, those obligations continue,—
a: until the close of the day that is 6 months after the date on which the obligations started to apply to the young person, even if he or she turns 20 during that 6-month period; or
b: in the case of a young person who, on the day when he or she turns 20, is continuing in a course of education, training, or work-based learning, until,—
i: if the course is a course of secondary instruction or if the course ends in December, the close of the following 31 March; or
ii: in any other case, the close of the day on which the course ends.
6: Subsection (7) applies to a young person who becomes subject to obligations under subsection (1) or (2) on or after the date on which section 31
7: While a young person to whom this subsection applies is subject to obligations under subsection (1) or (2), sections 170(1)﻿(g)﻿(ii) 179 Section 171 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 171 heading amended 25 October 2016 section 31(1) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 171(1) amended 25 October 2016 section 31(2) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 171(1)﻿(b) amended 25 October 2016 section 31(3) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 171(1)﻿(b) amended 15 October 2012 section 47(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 171(1)﻿(c) inserted 25 October 2016 section 31(4) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 171(2) amended 25 October 2016 section 31(5) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 171(2)﻿(b) amended 25 October 2016 section 31(6) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 171(2)﻿(b) amended 15 October 2012 section 47(1) Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 171(2)﻿(c) inserted 25 October 2016 section 31(7) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 171(3) repealed 25 October 2016 section 31(8) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 171(4) inserted 25 October 2016 section 31(9) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 171(5) inserted 25 October 2016 section 31(9) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 171(6) inserted 25 October 2016 section 31(9) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 171(7) inserted 25 October 2016 section 31(9) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016
172: Department to explain obligations to young person
The chief executive must take reasonable and appropriate steps to make every young person who is subject to obligations under section 170 171
a: those obligations; and
b: the consequences of failure to comply with them and (in particular) the sanctions that may be imposed under this Act for failing to comply with them. 1964 No 136 ss 60GAC 105C Section 172 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012 Sanction regime Heading inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012
173: Sanctions for failure by young person receiving youth payment to comply with obligations under section 170
1: If satisfied that a young person receiving a youth payment has, without good and sufficient reason, failed to comply with an obligation placed on him or her by section 170
a: for a first or second failure,—
i: suspend the in-hand allowance and any incentive payments until the young person satisfies the obligation (or, if he or she has failed to comply with 2 or more obligations, until he or she satisfies all of them); and
ii: if the young person has not satisfied the obligation (or, if he or she has failed to comply with 2 or more obligations, if he or she has not satisfied all of them) within 4 weeks after the date on which the suspension took effect, suspend the whole of the youth payment and any incentive payments until the young person satisfies the obligation or obligations; and
b: for a third failure, cancel the youth payment and any incentive payments.
2: A person whose benefit is cancelled under subsection (1)﻿(b)—
a: is not entitled to be granted a main benefit under this Act
b: if he or she wishes to become entitled to a main benefit under this Act
3: Subsection (2) is subject to sections 123 to 123B
4: For the purposes of subsection (3), a 6-week approved activity is completed in accordance with section 123B
a: if the young person concerned is not already in part-time work, participation in part-time work or work experience:
b: participation in recognised community activities (as defined in section 88A
c: participation in any other activity that the chief executive considers will enhance skills or improve motivation.
5: This section overrides every other provision of this Act. Section 173 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 173(2)﻿(a) amended 15 July 2013 section 61(22) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 173(2)﻿(b) amended 15 July 2013 section 61(23) Social Security (Benefit Categories and Work Focus) Amendment Act 2013
174: Sanctions for failure by young person receiving young parent payment to comply with obligations under section 170
1: If satisfied that a young person receiving a young parent payment has, without good and sufficient reason, failed to comply with an obligation placed on him or her by section 170
a: for a first or second failure, suspend the in-hand allowance and any incentive payments until the young person satisfies the obligation (or, if he or she has failed to comply with 2 or more obligations, until he or she satisfies all of them); and
b: for a third failure,—
i: cancel the young person’s young parent payment; and
ii: cancel any incentive payments.
2: A person whose benefit is cancelled under subsection (1)﻿(b)—
a: is not entitled to be granted a main benefit under this Act
b: if he or she wishes to become entitled to a main benefit under this Act
3: Subsection (2) is subject to sections 123 to 123B section 177
4: For the purposes of subsection (3), a 6-week approved activity is completed in accordance with section 123B
a: if the young person concerned is not already in part-time work, participation in part-time work or work experience:
b: participation in recognised community activities (as defined in section 88A
c: participation in any other activity that the chief executive considers will enhance skills or improve motivation.
5: In order to satisfy himself or herself that a young person has established continued eligibility for a young parent payment, the chief executive may require the young person to comply with the requirements of section 11D(2)
6: This section overrides every other provision of this Act. Section 174 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 174(2)﻿(a) amended 15 July 2013 section 61(22) Social Security (Benefit Categories and Work Focus) Amendment Act 2013 Section 174(2)﻿(b) amended 15 July 2013 section 61(23) Social Security (Benefit Categories and Work Focus) Amendment Act 2013
174A: Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations
1: Subsection (2) applies to a young person—
a: who is—
i: aged 16 or 17 years, without dependent children, and is the spouse or partner of a specified beneficiary; or
ii: aged 16 to 19 years, with a dependent child or children, and is the spouse or partner of a specified beneficiary; and
b: whose benefit is subject to money management.
2: If a young person to whom this subsection applies fails, without good and sufficient reason, to comply with an obligation under section 170 section 171(1)﻿(a) section 173 sections 175 176
3: Subsection (4) applies to a young person—
a: who is—
i: aged 16 or 17 years, without dependent children, and is the spouse or partner of a specified beneficiary; or
ii: aged 16 to 19 years, with a dependent child or children, and is the spouse or partner of a specified beneficiary; and
b: whose benefit is not subject to money management.
4: A failure, without good and sufficient reason, by a young person to whom this subsection applies to comply with any of the obligations placed on the young person under section 171(1) or (2)
a: for a young person who would, but for section 171(1)﻿(b) or (2)﻿(b) section 117
b: for a person who would, but for section 171(1)﻿(b) or (2)﻿(b) section 60Q section 116B
c: for a young person who is subject to a sanction under section 117
i: suspension of the young person’s incentive payments (if any) (if that sanction is a reduction or suspension of the young person’s benefit) until the young person recomplies; or
ii: cancellation of the young person’s incentive payments (if any) (if that sanction is the cancellation of the young person’s benefit). Section 174A inserted 25 October 2016 section 34 Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016
174AB: Sanctions for failure by young person required to receive youth services to comply with obligations
1: Subsection (2) applies to a young person—
a: who has been required to receive youth services under section 171A(2)
b: whose benefit is subject to money management under section 179
2: If satisfied that a young person to whom this subsection applies has, without good and sufficient reason, failed to comply with an obligation placed on him or her by section 171A(6)﻿(a) section 60Q section 170 section 173 sections 175 176
3: Subsection (4) applies to a young person—
a: who has been required to receive youth services under section 171A(2)
b: whose benefit is not subject to money management under section 179
4: If satisfied that a young person to whom this subsection applies has, without good and sufficient reason, failed to comply with an obligation placed on him or her by section 171A(6)﻿(a)
a: in the case of a young person who is subject to the work test, treat the failure as a failure to comply with the work test for the purposes of section 117
b: in the case of a young person who is subject to obligations under section 60Q section 116B
c: in the case of a young person who is subject to a sanction under section 117
i: suspend the young person’s incentive payments (if any) (if that sanction is a reduction or suspension of the young person’s benefit) until the young person recomplies; or
ii: cancel the young person’s incentive payments (if any) (if that sanction is the cancellation of the young person’s benefit). Section 174AB inserted 25 October 2016 section 34 Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016
175: Effect of sanctions on supplementary benefits
1: While a young person's youth payment is cancelled under section 173
a: the young person is not entitled to receive any accommodation supplement or temporary additional support if he or she is not married, or in a civil union or de facto relationship:
b: if the young person is married, or in a civil union or de facto relationship and his or her spouse or partner's youth payment is not also cancelled under that section,—
i: any accommodation supplement or temporary additional support otherwise payable to him or her must be reduced by half, and paid to the spouse or partner; and
ii: any accommodation supplement or temporary additional support otherwise payable to his or her spouse or partner must be reduced by half:
c: if the young person is married, or in a civil union or de facto relationship and his or her spouse or partner's youth payment is also cancelled under that section,—
i: the young person is not entitled to receive any accommodation supplement or temporary additional support otherwise payable to him or her; and
ii: the young person's spouse or partner is not entitled to receive any accommodation supplement or temporary additional support otherwise payable to him or her.
2: The cancellation under section 174
3: While the young parent payment of a young person who is married, to or in a civil union or de facto relationship with, a spouse or partner whose young parent payment is not also cancelled under that section is cancelled under section 174
a: any accommodation supplement or temporary additional support otherwise payable to him or her must be reduced by half, and paid to the spouse or partner; and
b: any accommodation supplement or temporary additional support otherwise payable to his or her spouse or partner must be reduced by half.
4: Where the young parent payment of each of 2 young persons who are married to, or in a civil union or de facto relationship with, each other is cancelled, each is entitled to receive only half of any accommodation supplement or temporary additional support that would otherwise be payable to him or her.
5: A young person whose youth payment or young parent payment is cancelled under section 173 174
6: The cancellation of a young person's youth payment or young parent payment under section 173 174 Section 175 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012
176: Sanctions generally
1: For the purposes of sections 173 174
a: remedies the failure concerned; or
b: if (in the chief executive's opinion) it is not possible to remedy the failure, undertakes to the chief executive's satisfaction an activity that is (in the chief executive's opinion) the same as or substantially similar to the performance of the obligation.
2: Sections 113 114 119 sections 173 174
3: In sections 173 174 second failure third failure
4: If a young person whose youth support payment has been cancelled under section 173(1)﻿(b) 174(1)﻿(b)
a: except as provided in paragraph (b), any incentive payments that were payable to the young person before the cancellation must be paid with the youth payment or young parent payment; but
b: if the failure that led to the cancellation was a failure to comply with section 170(1)﻿(a) Section 176 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012
177: Effect of sanction on young parent payment
1: If under section 174(1)﻿(b)﻿(i)
a: the person is entitled during the period of cancellation to receive half of that base rate of young parent payment and only half the abatement rate in clause 10 or 11 of Schedule 26
b: during the period of cancellation, no incentive payments are payable.
2: While subsection (1)﻿(b) applies to a young person, the amounts payable must be paid to him or her or on his or her account personally. 1964 No 136 s 121 Section 177 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012
178: Incentive payment may be cancelled if young person's actions inconsistent with purpose
1: The chief executive may cancel an incentive payment if satisfied that the young person concerned has intentionally acted in a way inconsistent with the purpose for which it was granted.
2: The cancellation makes the young person ineligible for the incentive payment again until the chief executive decides that it may be re-granted. Section 178 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012 Administration Heading inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012
179: Money management in relation to youth support payments: general
1: Except as provided in this section and section 177(2)
2: Except as provided in subsection (4), every youth support payment is payable by instalments of the number of weeks' payment on the day or date, or the days or dates, in the month that the chief executive determines from time to time.
3: Every youth support payment is paid in respect of a 7-day week.
4: Except as otherwise provided in this Act,—
a: the following must be paid in a manner stated in regulations made under this Act for the purposes of this section:
i: any youth support payment (including the in-hand allowance up to the maximum amount set out in clause 6 of Schedule 26
ii: any WFF tax credit payable to a young person by the chief executive:
iii: the amount of any child disability allowance or disability allowance to which a young person is entitled:
iv: any other benefit or payment under this Act to which a young person is entitled specified for the purposes of this paragraph by the regulations; but
b:
5: A manner stated under subsection (4) may include crediting an amount to a payment card, voucher, or device, that enables a young person to obtain goods or services from a particular supplier and enables the supplier to obtain payment from the department for the goods or services.
6: Subsection (5) does not limit the generality of subsection (4).
7: If the chief executive considers that the young person has met the criteria stated for the purposes of this section in regulations under this Act for managing his or her own payments, the chief executive may pay the whole or any part of the payments referred to in subsection (4)﻿(a) to or on account of the young person personally until a sanction is imposed on the young person under section 173 174
8: No appeal under this Act lies against a determination by the chief executive under regulations made under this Act for the purposes of this section.
9: This section overrides section 82(1) to (3)
10: Subsection (4) overrides section 80KS
11: Section 84(1)
12: Subsection (13) applies to a young person if—
a: the young person ceases to be subject to money management under this section; and
b: the young person has a payment card, voucher, or device to which an amount or amounts payable to the young person have been credited for the purchase of goods or services; and
c: the amount on the card, voucher, or device has not been fully spent.
13: On application by a young person to whom this subsection applies, the chief executive may—
a: cancel the young person’s payment card, voucher, or device; and
b: pay the amount standing to the credit of the young person on the payment card, voucher, or device (after the deduction of any debt recoverable from the young person) to the young person in accordance with section 82(3) Section 179 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012 Section 179(4)﻿(b) repealed 8 July 2016 section 35(1) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 179(12) inserted 8 July 2016 section 35(2) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 Section 179(13) inserted 8 July 2016 section 35(2) Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016
180: Young person beneficiaries may elect money management
1: To the extent that regulations under this Act made for the purposes of this section allow (and subject to any conditions prescribed by the regulations), a young person to whom section 171 section 179(4)
2: The amounts are—
a: any part of a specified beneficiary's benefit:
b: any part of any other benefit payable under section 83
c: any WFF tax credit:
d: any child disability allowance or disability allowance:
e: any other benefit or payment under this Act to which he or she is entitled.
3: The young person may revoke the election at any time. Section 180 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012
181: Chief executive may assign contracted service provider to young person
The chief executive may assign a contracted service provider to a young person,—
a: at any time after the young person has contacted the department for financial assistance at which the chief executive considers that the most appropriate financial assistance for the young person is likely to be a youth support payment; or
b: at the time, or at any time after, the youth support payment is payable to the young person; or
c: at any time section 171 Section 181 inserted 20 August 2012 section 24 Social Security (Youth Support and Work Focus) Amendment Act 2012