Social Security (Benefit Categories and Work Focus) Amendment Act 2013

1: Title
This Act is the Social Security (Benefit Categories and Work Focus) Amendment Act 2013.
2: Commencement
1: The following come into force on 15 July 2013:
a: Part 1 sections 27 30 41 53 54 58
i: the transfer to an emergency benefit of certain people 65 years old or older; and
ii: the use of the disability allowance to fund specified expenses; and
iii: preferred suppliers of goods or services for beneficiaries or others):
b: Part 2
c: Schedules 1 to 7
2: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.
3: Principal Act
This Act amends the Social Security Act 1964 principal Act 2013-04-17 Social Security Act 1964 See commencement clause 2013-07-15 Social Security Act 1964 See commencement clause 2(1)﻿(a), (b), and (c)
1: Substantive amendments
Overview
4: Overview of Part
1: This Part Part 2
2: The substantive amendments in this Part
a: introducing new benefit categories (sole parent support, supported living payment, and jobseeker support); and
b: providing for new obligations (obligations to work with contracted service providers, social obligations of certain beneficiaries with dependent children, and, for work-tested beneficiaries, new work test obligations that are drug test obligations); and
c: providing for, or adjusting provisions on, other matters (including the effect on a benefit of a warrant to arrest a beneficiary, when beneficiaries can be paid a benefit while overseas, backdating benefits, benefit end dates, and expiry and re-grant of specified benefits); and
d: making clearer the principal Act's structure ( see section 62 Part 1 section 53A Social obligations of certain beneficiaries with dependent children
5: Section 1A amended (Purpose)
Replace section 1A(d)
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. Pre-benefit activities, work-test couple rate, and ordinarily resident in New Zealand
6: Section 3 amended (Interpretation)
1: In section 3(1) 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 .
2: In section 3(1) married rate
3: In section 3(1), definition of ordinarily resident ordinarily resident in New Zealand
4: In section 3(1) work-test married rate married couple Status of examples
7: New section 3B inserted (Status of examples)
After section 3 section 3C section 139
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. Ministerial directions
8: Section 5 amended (Chief executive to comply with directions)
1: After section 5(2)
3: A direction given under this section for the purposes of all or any of sections 60RAB(1)﻿(b), 125AA(5), and 132AD(4)﻿(c)
a: is a regulation for the purposes of the Regulations (Disallowance) Act 1989; but
b: is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.
2: Subsection (3) Acts and Regulations Publication Act 1989 Regulations (Disallowance) Act 1989
3: Replace section 5(3) 15 July 2013 subsection (1)
3: A direction given under this section for the purposes of all or any of sections 60RAB(1)﻿(b), 125AA(5), and 132AD(4)﻿(c)
a: is not a legislative instrument for the purposes of the Legislation Act 2012; but
b: is a disallowable instrument for the purposes of the Legislation Act 2012, and must be presented to the House of Representatives in accordance with section 41 of that Act. 2013-07-15 Social Security Act 1964 OIC SR 2013/242 2013-08-05 Social Security Act 1964 See section 8(2) & (3). The Acts and Regulations Publication Act 1989 (PCO No 8951, comment at top of 8951 to update this amends-note date if changed by OIC) and the Regulations (Disallowance) Act 1989 (PCO No 8952, comment at top of 8952 to update this amends-note date if changed by OIC) are to be repealed on the earlier of 1 July 2014 or a date appointed by the Governor-General by Order in Council by the Legislation Act 2012 (PCO No14100) section 77(2) New Note by Doreen 1/8/13: I changed the amends note to 5 August 2013 to reflect OIC. Please refer to 8(2). Ordinarily resident in New Zealand
9: Section 11D amended (Application process for benefits)
In section 11D(9) resident ordinarily Pre-benefit activities
10: New sections 11E to 11H inserted
After section 11D
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)), New Zealand superannuation, or a veteran's pension, in his or her own right) of 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: 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)) require a person to whom this section applies (unless the chief executive has determined that the person has not the capacity to seek, undertake, and be available for part-time work) to do any or all of the following:
a: undertake 1 or more stated pre-benefit activities:
b: at any time before the benefit to which subsection (1)﻿(a) or (b)
c: at any time before the benefit to which subsection (1)﻿(a) or (b) paragraph (b)
3: Pre-benefit activity sections 11F to 11H
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 subsection (2)
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)
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) if he or she were a part-time work-tested beneficiary:
c: in relation to any other person, means employment that would be suitable employment within the meaning of section 3(1) if he or she were a work-tested beneficiary.
5: A requirement under subsection (2) subsection (2)﻿(a) subsection (7)
6: A pre-benefit activity stated under subsection (2)﻿(a)
7: The chief executive may revoke a requirement that the person undertake a pre-benefit activity under subsection (2)﻿(a)
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.
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 a claim for the specified benefit made by the applicant unless satisfied that the applicant has undertaken any required pre-benefit activities.
3: Subsection (2)
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)
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)
a: refuse to grant the applicant the specified benefit; or
b: terminate any grant of the specified benefit already made to the applicant.
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)
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) Rights of appeal: work test obligations: drug testing obligations
11: Section 12J amended (Rights of appeal)
Before section 12J(1A)
1AB: No appeal lies under subsection (1)﻿(a) against a decision under section 116C(2)﻿(a) section 10B(1)﻿(g) Sole parent support
12: New Part 1B inserted
Replace sections 21 21A section 35 section 21
1B: Sole parent support
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) of the Corrections Act 2004); or
ii: subject to release conditions (as defined in section 4(1) of the Parole Act 2002) that prevent him or her undertaking employment:
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.
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 and 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) is complied with for each of the child's natural or adoptive parents; or
ii: section 29(b) is complied with for care for the child and full provision for the child's support; or
c: the child's parents are unwilling to support the child because of circumstances the chief executive considers exceptional.
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.
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; and
b: is aged 19 years or over; and
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)
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; and
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.
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)
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)
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)
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 subsection (2)
a: obligations under sections 60GAG 60RA 100B
b: exemptions under section 105 (other than any exemption that, under regulations made under section 123D(a), is not available to a person receiving jobseeker support).
5: This section does not preclude a review under section 81 of whether the applicant satisfies the conditions of entitlement for jobseeker support under section 88B
13: Sections 27A to 27D and 27H(1) and (2) and cross-heading above section 27A repealed
Repeal sections 27A to 27D 27H(1) and (2) section 27A Supported living payment
14: Sections 27G and 27H repealed
Repeal sections 27G 27H
15: Section 39F renumbered and amended (Purpose of invalid's benefit)
1: Section 39F section 40A
2: Replace the heading to section 39F Supported living payment: purpose
3: In section 39F(1)
a: replace invalid's benefit supported living payment
b: replace people who— people because they are people who fall within any 1 of the following 3 categories:
4: In section 39F(1)﻿(a) have, people who ; or :
5: In section 39F(1)﻿(b) are people who . :
6: After section 39F(1)﻿(b)
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.
7: Replace section 39F(2)
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.
16: Section 40 renumbered and amended (Invalid's benefit)
1: Section 40 section 40B
2: Replace the heading to section 40 Supported living payment: on ground of sickness, injury, disability, or total blindness: eligibility and ineligibility
3: In section 40(1) who is aged 16 years or more is eligible for an invalid's benefit if the chief executive is satisfied that— is entitled to the supported living payment under this section if he or she satisfies the criteria in subsections (1A) and (1B)
4: Repeal section 40(1)﻿(aa)
5: In section 40(1)﻿(b) disability arising (in either case)
6: In section 40(1)﻿(b) congenital defect existing from birth
7: After section 40(1)
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.
8: In section 40(3A) section 44A section 40K
9: In section 40(4) and (5) an invalid's benefit a supported living payment under this section
10: Repeal section 40(6)
17: New sections 40C to 40HA inserted
After section 40 section 16(1)
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)
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) sections 40E, 40H, and 40HA patient
a: hospital care, rest home care, or residential disability care, within the meaning of the Health and Disability Services (Safety) Act 2001; or
b: care of the kind referred to in section 141 of the Children, Young Persons, and Their Families Act 1989 (which is a section relating to care of severely disabled children and young persons).
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 19 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.
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) section 40D(1)﻿(a) or (b)
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)
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; and
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.
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)
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).
18: Sections 42 and 42A replaced
Replace sections 42 42A
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)
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) subsection (1)
5: A supported living payment payable to the spouse or partner of a person to whom subsection (3) subsection (1)
19: Section 43 renumbered and amended (Subsidy on earnings of blind beneficiaries)
1: Section 43 section 40J
2: Replace the heading to section 43 Supported living payment: subsidy on totally blind beneficiaries' earnings
20: Sections 44 and 44A replaced
Replace sections 44 44A
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)
4: A person to whom subsection (2) Sickness benefit abolished
21: Sections 54, 54A, 54B, 54D, 54DA, 54E, and 54F and cross-heading above section 54 repealed
Repeal sections 54 54A 54B 54D 54DA 54E 54F section 54 Beneficiaries having additional dependent child: exempting people resident in certain overseas countries, and eligibility for sole parent support
22: Section 60GAE amended (Beneficiaries having additional dependent child: general)
1: After section 60GAE(1) section 39
1A: Subsection (1) does not apply to a person at a time when—
a: there is in force under section 19(1) of the Social Welfare (Transitional Provisions) Act 1990 an order declaring that the provisions contained in an agreement or convention with the government of another country set out in a schedule to the order have force and effect so far as they relate to New Zealand; and
b: he or she is ordinarily resident in that country.
2: In section 60GAE(2) section 60Q(1) or for the purposes of section 20D(1)﻿(c)
3: After section 60GAE(3)
3A: In applying subsection (2) to a beneficiary of a kind specified in 1 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 Obligations to work with contracted service providers
23: New section 60GAG inserted (Obligations to work with contracted service providers)
After section 60GAF section 39
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 (work preparation obligations):
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 (work test obligations):
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)
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) Work preparation exercise
24: Section 60HA repealed (Work preparation exercise)
Repeal section 60HA Certain obligations may be placed on beneficiaries and their spouses and partners
25: Section 60Q amended (Certain obligations may be placed on beneficiaries and their spouses and partners)
1: Before section 60Q(1)﻿(c) section 40
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
bb: is the recipient of a benefit under section 40B
bc: is the recipient of a benefit under section 40D .
2: After section 60Q(1)
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)
b: has been granted under section 88I
1B: The chief executive may require a recipient of a benefit under section 40B or 40D subsection (1)﻿(bb) or (bc)
3: In section 60Q(2) A person to whom this section applies (other than a person to whom subsection (1)﻿(bb) or (bc)
4: In section 60Q(3) a person to whom this section applies (including, without limitation, a person to whom subsection (1)﻿(bb) or (bc)
5: After section 60Q(3)﻿(a)
aa: to attend and participate in an interview (other than one for the purpose specified in subsection (1B)
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: . Social obligations of certain beneficiaries with dependent children
26: New sections 60RA to 60RC inserted
After section 60R section 40
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)) of a person granted a benefit described in subsection (1)﻿(b) 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) of the Education Act 1989) is—
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; and
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)
ii: enrolled at a registered school (as defined in section 2(1) of the Education Act 1989) and regularly attending that registered school; and
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 and 25 of the Education Act 1989)—
i: enrolled at a registered school (as defined in section 2(1) of that Act); and
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.
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)
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; or
c: a programme of early childhood education provided by a school that is currently designated under section 152(1) of the Education Act 1989 as a correspondence school.
2: The active teaching out of school grounds mentioned in section 60RA(3)﻿(b) section 60RA
a: regulation 6(2)﻿(c) of the Social Security (Exemptions under Section 105) Regulations 1998; or
b: an enactment that, with or without modification, replaces, or that corresponds to, that enactment.
3: Regulations made under section 132 that prescribe, for the purposes of 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.
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.
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)
2: A beneficiary's failure to comply with the social obligation in section 60RA(3)﻿(c)
a: section 24(1) of the Education Act 1989 (failure to enrol); or (as the case requires)
b: section 29(1) of the Education Act 1989 (irregular attendance).
3: Before giving the beneficiary a notice under section 113, and imposing a sanction under section 117, for a beneficiary's failure to comply with a social obligation under section 60RA(3)
4: This subsection applies to a beneficiary on whom sanctions in section 117 have been imposed in respect of a failure by the beneficiary without good and sufficient reason to comply with a social obligation.
5: The chief executive may give a beneficiary to whom subsection (4)
6: A beneficiary to whom a notice under subsection (5) Transfer to emergency benefit of certain people 65 years old or older
27: Section 61 amended (Chief executive may grant emergency benefit in cases of hardship)
1: After section 61(1A)
1B: This subsection applies to a person if, after the commencement of this subsection and before 15 July 2013, the person is aged 65 years old or older and is receiving a benefit under this Act that is not—
a: a domestic purposes benefit for care of the sick or infirm; or
b: an emergency benefit; or
c: an invalid’s benefit; or
d: temporary additional support.
1C: The chief executive may cancel the benefit being received by a person to whom subsection (1B)
1D: In exercising the power given by subsection (1C)
a: exercise discretion; or
b: determine whether the person would meet the requirements in subsection (1) for an emergency benefit.
2: Section 61(1B) to (1D) subsection (1) 2013-07-15 Social Security Act 1964 See commencement clause 2(1)﻿(a) Social obligations of certain beneficiaries with dependent children
28: New section 61AA inserted (Social obligations of person granted emergency benefit)
After section 61
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).
29: Section 61A amended (Obligations of spouse or partner of person granted emergency benefit)
1: In section 61A(1A)﻿(a) aged 6 aged 5
2: After section 61A(2)
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). Disability allowance: preferred supplier and funding of specified expenses
30: Section 69C amended (Disability allowance)
1: In section 69C(1) Subject to subsections (2) to (4), the The
2: After section 69C(1)
1A: Subsection (1) is subject to subsections (2) to (4) and (7A) to (7E) section 132AD
3: After section 69C(7)
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)
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) or reduction or deduction required to be made from the person’s benefit payments for another purpose (for example, under an attachment order or a deduction notice)) are less than the amount required to pay the preferred supplier on that pay day, the chief executive—
a: is not required by subsection (7B)﻿(b)
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)
7C: However, if the disability allowance granted to the person to whom subsection (7A) subsection (7B)
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) 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) section 125AA(5) Residential requirements for certain benefits: people ordinarily resident overseas
31: Section 74AA amended (Residential requirements for certain benefits)
1: Replace section 74AA(1)﻿(c)
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, has resided continuously in New Zealand for a period of at least 2 years at any one time,—
i: if subsection (1A) applies to the person,—
A: before he or she applies for the benefit; or
B: before a decision on his or her claim for the benefit is made under section 12; and
ii: in any other case, after the day on which paragraph (a) first applied to him or her.
2: In section 74AA(1A) Subsection (1) does Subsection (1)﻿(a) and (b) do Effect on benefit of warrant to arrest beneficiary
32: New section 75B inserted (Effect on benefit of warrant to arrest beneficiary)
After section 75A
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)
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 subsection (1)
a: for the purposes of subsections (3) to (6)
i: a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989); or
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)
i: a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989); or
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) that—
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) section 126AC
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)
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) subsection (1)﻿(a) and (b)
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)
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) subsection (7)
a: section 80C (effect of work test on entitlement to supplementary benefits and on spouses or partners):
b: section 120 (modified effect in some cases of sanctions on rate of benefit for people married or in civil union or de facto relationship):
c: section 121 (effect of sanctions on benefit of sole parent).
10: However, section 120(1) (which protects a spouse or partner), but no other provision of section 120, ceases to apply under subsection (9)﻿(b) subsection (6) subsection (7) When beneficiaries can be paid benefit while overseas, and suspensions of benefits based on discrepancies arising from departure information
33: Section 77 amended (Effect of absence of beneficiary from New Zealand)
1: In the heading to section 77 New Zealand : provisions
2: Replace section 77(1), (2), (3), and (3A)
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 of the Social Welfare (Transitional Provisions) Act 1990; or
c: sections 21 to 35 of the New Zealand Superannuation and Retirement Income Act 2001; or
d: sections 74E to 74T of the War Pensions Act 1954.
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)
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)
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)
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)
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) apply to or in respect of a beneficiary, the chief executive may, in the chief executive's discretion, determine that a benefit may be paid under subsection (2) or (3)
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.
3: After section 77(5)
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) (2), (3), (3AA), (3A),
8: Despite subsections (6) and (7) (2), (3), (3AA), (3A),
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); and
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)
a: New Zealand superannuation payable under the New Zealand Superannuation and Retirement Income Act 2001:
b: veterans' pensions payable under Part 6 of the War Pensions Act 1954:
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 of the Social Welfare (Transitional Provisions) Act 1990.
34: New section 77A inserted (Effect of absence of beneficiary from New Zealand: department must explain provisions)
After section 77
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 aware of—
a: the existence, and substance, of the provision; and
b: the consequences or possible consequences of the operation of the provision.
35: Privacy Act 1993 amended
1: This section amends the Privacy Act 1993
2: In section 103(1A) a sickness, training, unemployment, independent youth, or emergency benefit, or a job search allowance, sole parent support, the supported living payment, an emergency benefit, jobseeker support, a young parent payment, or a youth payment, 2013-07-15 Privacy Act 1993 Removing exemptions from jobseeker support benefit stand down period while person in approved training
36: Section 80 amended (Commencement of benefits)
In section 80(5)﻿(a) an unemployment benefit, a youth payment, a youth payment Backdating benefits in specified circumstances
37: Section 80BA amended (Calculation of stand down)
Replace section 80BA(4)﻿(b)
b: a benefit commences on the day on which the stand down period ends if the application for the benefit is received within 28 days after the date on which the person becomes entitled to the benefit, and the benefit is—
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. Standardising benefit end dates
38: Section 80BD amended (Ending of benefits)
1: In section 80BD(2) (7) (8)
2: In section 80BD(3) a widow's, domestic purposes, invalid's, or youth payment, or young parent payment, or an unemployment benefit or a sickness benefit, sole parent support, a supported living payment, jobseeker support, a youth payment, or a young parent payment
3: Replace section 80BD(5)
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).
4: In section 80BD(6) and (6A) 8 weeks 28 days
5: In section 80BD(6A)
a: replace domestic purposes benefit under section 27G supported living payment under section 40D
b: replace sick or infirm person concerned if the beneficiary stops caring for the sick or infirm person because the person patient requiring care concerned if the beneficiary stops caring for that patient because that patient
6: After section 80BD(7)
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). Expiry and re-grant of specified benefits
39: New sections 80BE and 80BF inserted
After section 80BD
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) 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)
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 or 77); or
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) 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) subsection (5)﻿(b) 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) and the rest of this section) continue to be paid until the first Monday after 2 January in the immediately following year.
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
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) subsection (8)
3: If, in relation to a person, the requirements of subsection (1) 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)
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)
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)
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), if the requirements of subsection (1)
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)
b: must be treated as a failure by that spouse or partner to comply with his or her work test obligations. Review of benefits
40: Section 81 amended (Review of benefits)
After section 81(3)
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. One-off hardship assistance and redirection using preferred supplier
41: Section 82 amended (Payment of benefits)
1: After section 82(6A)
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) 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)
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.
2: After section 82(6E)
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)
a: the chief executive may, despite subsection (3), act on the beneficiary's written request under subsection (6F)
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.
3: In section 82(8) section 179 , and subsections (6) to (6AB) (6F) (6G) section 125AA(5) Work test obligations: drug testing obligations
42: Section 88A amended (Interpretation)
In section 88A controlled drug 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 22 to 25 of the Standards Act 1988, or otherwise) in regulations made under 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) 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) with which the test complies; and
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) with which the test complies 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 of the Standards Act 1988, or otherwise) in regulations made under section 132 . Jobseeker support (including deferral of work test obligations on ground of sickness, injury, or disability)
43: Sections 89 to 99AB and cross-heading above section 89 replaced
Replace sections 89 to 99AB section 89 Jobseeker support
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)
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)
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 19 years, in any other case.
3: An applicant for jobseeker support must meet the residential requirements in section 74AA.
4: An applicant for jobseeker support must have—
a: no income; or
b: an income of less than the amount that would fully abate that benefit.
5: Nothing in subsection (4)
6: Nothing in subsection (1)﻿(a) or (4) clause 1(ab) or (ba)
7: A sick or injured person ( A subsection (1)﻿(d) B
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) applies to the student; or
b: the student is married or in a civil union or in a de facto relationship.
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.
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 subsections (2) and (3)
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 and in respect of a condition within the ambit of his or her scope of practice.
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.
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
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)
a: the relevant certificate, and any relevant report obtained, under section 88E
b: any relevant work ability assessment under sections 100B and 100C
4: A determination under subsection (2)
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) subsection (4)
7: A determination under subsection (2) 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).
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; and
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.
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
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.
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) subsection (4) paragraphs (a) and (b) 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) subsection (4)
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)
a: the relevant certificate, and any relevant report obtained, under section 88E
b: any relevant work ability assessment under sections 100B and 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.
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, and 60R apply to the beneficiary concerned as if he or she were not a work-tested beneficiary.
88K: Jobseeker support: deferred or exempted people must notify change of circumstances
1: This section applies to a person who is, or is deemed to have 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) of a person who is, or is deemed to have been, granted an exemption under section 105 (for example, an exemption under section 105 from work test obligations) to 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 exemption.
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)
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 in respect of any person who for the time being has the care of the home of that beneficiary.
3: Subsection (4)
a: the application of section 60H (which relates to voluntary unemployment or loss of employment through misconduct, etc); or
b: the application of section 117 (which relates to sanctions that may be imposed for failures to comply with work test or other obligations and work preparation interviews and exercises); or
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) Work ability assessment
44: New sections 100B to 100D and cross-heading inserted
Before the heading above section 101 Work ability assessment
100B: Chief executive may require person to undergo assessment
1: This subsection applies to a person who is, or who is the spouse or partner of, a beneficiary in receipt of—
a: sole parent support; or
b: a supported living payment (except as provided in subsection (2)
c: an emergency benefit; or
d: jobseeker support.
2: Subsection (1)﻿(b)
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)
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 on the ground of limited capacity to meet those obligations to an exemption from work test obligations or work preparation obligations under section 60Q:
e: whether the person, being a person who is subject to work test obligations or work preparation obligations under section 60Q, has the capacity to meet those obligations:
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) or 102A(1)﻿(f):
h: what assistance and supports the person needs to obtain employment.
4: An assessment under subsection (3)
5: After an assessment under subsection (3) subsection (3)
a: in reliance on that assessment; or
b: having regard to the assessment and to any alternative assessment under subsection (3)
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)
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. Work test obligations: drug testing obligations
45: Section 102A amended (Work test obligations)
After section 102A(1)
1A: The drug testing obligations under section 102B(1)
46: New sections 102B to 102E inserted
After section 102A
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)
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)
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)
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)
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)
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), to attend and participate in an interview for any opportunity of suitable employment to which the beneficiary is referred by the chief executive; and
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) of a screening drug test, an evidential drug test, or both that the employer has (in accordance with section 102B(1) to (3)
a: is provided under subsection (2)
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 prescribing maximum reimbursement amounts for the purposes of subsection (3)
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) subsection (3) section 102B(1) to (3)
6: Costs reimbursed under subsection (3)
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, based on the beneficiary having failed that screening drug test.
2: The beneficiary may dispute the sanction to be imposed under section 117 by making to the department a request that the sample taken from the beneficiary for the screening drug test be subjected to an evidential drug test.
3: A request under subsection (2)
a: after the beneficiary is given under section 113 a written notice relating to the sanction to be imposed; and
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) requires to be stated in that written notice); and
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)
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) subsection (4)
b: that consent and authorisation is not provided in the period specified under subsection (3)﻿(c)
6: If a request under subsection (2) subsection (4)
a: any sanction imposed under section 117, and based on the beneficiary's having failed the associated prior screening drug test, is suspended:
b: any failure for the purposes of sections 119 and 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)
8: If the beneficiary fails an evidential drug test arranged by the department in accordance with a request under subsection (2) 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)
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)
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, or 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
b: must not be used or communicated by the chief executive or the department for any other purposes. Sanctions
47: Section 113 amended (Procedure for imposing sanctions)
After section 113(2)
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 and 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).
48: Sections 115 and 116A replaced
Replace sections 115 116A section 116A section 43
116B: Failures to comply with obligations
1: The sanctions stated in section 117 must be imposed on a person when any of the following paragraphs applies to the person: 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) 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) or an obligation under section 60Q(2) to comply with a requirement under section 60Q(3); or
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 (including, without limitation, any drug testing obligations under section 102B(1) section 102A(1A)
f: the person is required by this paragraph to be treated as a person to whom paragraph (e)
g: the person is required by this paragraph to be treated as a person to whom paragraph (e)
h: the person is required by this paragraph to be treated as a person to whom paragraph (e) 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) (which relate to dealing with voluntary unemployment or loss of employment through misconduct, etc) apply with all necessary modifications to a person to whom subsection (1)﻿(g) or (h)
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) subsection (1)﻿(f) subsection (1)﻿(e)
4: Subsection (3) subsections (1)﻿(e) and (f)
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) paragraph (b)
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
4: This section does not limit the generality of section 116B
49: Section 117 amended (Sanctions that may be imposed for failures)
1: Before section 117(1)
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; and
b: the beneficiary must be sanctioned on that basis of that 1 failure (as a first, second, or third failure).
2: After section 117(1)
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)
1C: Subsection (1B) section 116B(1)﻿(e) subsection (1B)
50: Section 119 amended (Calculation of failure rate)
1: In section 119(1)﻿(a) while the same benefit has been continuously paid in respect of the beneficiary during a period of continuous payment in respect of the beneficiary of the same benefit or of 2 or more different benefits
2: In section 119(1)﻿(ab) work-tested
3: Replace section 119(1)﻿(b)
b: must not count a failure if—
i: it is not a failure of a kind to which section 117 applies under 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)
4: Before section 119(2) section 119(1A) section 61(15)
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)
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; and
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).
5: After section 119(5)
6: This section is subject to sections 113(2A) and 117(1AA)
a: included in a notice given to the person under section 113; and
b: treated for the purposes of section 117 and this section as 1 failure).
51: Section 122 replaced (Meaning of recompliance)
Replace section 122
122: Meaning of recompliance
1: A person recomplies section 116B relevant failure or failures section 116B(1)
2: Despite subsection (1)
3: Despite subsection (1) recomplies 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)
5: The department must take reasonable and appropriate steps to make a person who has given an undertaking in accordance with subsection (3)﻿(b)
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 one occasion only within the period, a drug test of the kind stated in section 122A(2)﻿(a) or (b)
52: New section 122A inserted (Recomplying after second failure to comply with drug testing obligations)
After section 122
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) 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)
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) section 102B(1) Special assistance under welfare programme: use of preferred supplier
53: Section 124 amended (Money payable out of Crown Bank Account)
After section 124(1B)
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) 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)
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) section 125AA(5) Preferred suppliers of goods or services for beneficiaries or others
54: New section 125AA and cross-heading inserted
After section 124 Preferred suppliers of goods or services for beneficiaries or others
125AA: Preferred supply of goods or services for beneficiaries or others
1: The Minister may from time to time, by written direction, 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)
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), under 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 subsection (1)
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), and 124(1BB)
5: The Minister may, from time to time, give to the chief executive under section 5 general or special directions setting out transitional or savings provisions that apply—
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)
6: Directions under subsection (5)
a: override sections 69C(7A) to (7D) (6AB) 82(6F) and (6G) 124(1BA) to (1BC)
b: must, in accordance with section 5(1), be complied with by the chief executive. Contracts with administration service providers
55: Section 125A amended (Chief executive may contract with service providers)
1: In section 125A(1)﻿(a) that , in relation to young persons,
2: After section 125A(1)﻿(a)
ab: that, in relation to persons other than young persons, are services in relation to all or any of Parts 1 to 1P and 2 .
3: In section 125A(2)﻿(b) young persons persons to whom the services relate
4: Repeal section 125(3)
56: Section 125C amended (Release of personal information to and by contracted service provider)
1: In section 125C(1)﻿(a) young
2: In section 125C(1)﻿(b) Part 5 and section 123E(a) the provisions specified in section 125A(1)﻿(a) or, as the case requires, 125A(1)﻿(ab)
3: In section 125C(2) young Effect on benefit of warrant to arrest beneficiary: information matching
57: New section 126AC inserted (Disclosure to department of warrant to arrest beneficiary for determining effect on benefit)
After section 126AB
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. Disability allowance: funding of specified expenses
58: New section 132AD inserted (Regulations on use of disability allowance to fund specified expenses)
After section 132AC
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)
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)
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)
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)
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. Effect on benefit of warrant to arrest beneficiary, and expiry and re-grant of specified benefits
59: New sections 132L and 132M inserted
After section 132K
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.
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 and 80BF
b: prescribe the expiry date or expiry dates for every benefit that is a specified benefit for the purposes of sections 80BE and 80BF
c: specify circumstances in which the chief executive may under section 80BE(8) section 80BE
2: Regulations under subsection (1)﻿(b)
a: each specified benefit for the purposes of sections 80BE and 80BF
b: each specified benefit for the purposes of sections 80BE and 80BF
c: each specified benefit for the purposes of sections 80BE and 80BF
3: Nothing in this section limits section 132. Jobseeker support
60: Schedule 9 amended
1: In Schedule 9 (ab) To any other single beneficiary without dependent children and who was on 15 July 2013 transferred to jobseeker support— $214.79 a week, subject to Income Test 1 (i) by clause 2(9) and (11) of Schedule 32 (ii) by clause 10(6) and (8) of Schedule 32 .
2: In Schedule 9 (ba) To any single beneficiary whose youngest dependent child is aged at least 14 years (including, without limitation, any such beneficiary who is a beneficiary of a kind specified in clause 5A(a), (b), or (c) see also clause 5B $295.37 a week, subject to Income Test 1 .
3: In Schedule 9
a: replace To a To any other
b: replace Income Test 3 Income Test 1
4: In Schedule 5A A single beneficiary whose youngest dependent child is aged at least 14 years, referred to in clause 1(ba) (a) a beneficiary who (as a person with a dependent child aged under 14 years) was on 15 July 2013 transferred by clause 2(6) and (8) of Schedule 32 section 20H(1) and (2) (b) a beneficiary who (as a person without a dependent child aged under 14 years) was on 15 July 2013 transferred to jobseeker support by clause 2(9) and (11) of Schedule 32 (c) a beneficiary whose entitlement to jobseeker support arose from applying for it, and being granted it, after 14 July 2013. 5B For the purposes of clause 1(ba) References to main benefits
61: Amendments to make clearer references to main benefits
1: In section 3(1) financially independent a benefit a main benefit under this Act
2: In section 3(1) financially independent a benefit a main benefit
3: In section 61(1)﻿(b) any benefit a main benefit under this Act, New Zealand superannuation, or a veteran's pension
4: In section 75(2)
a: replace Notwithstanding anything to the contrary in this Act or in the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954, if If
b: replace a benefit (other than an unsupported child's benefit or an orphan's benefit) a main benefit under this Act
c: replace shall not be affected is, despite anything to the contrary in this Act, unaffected
5: In section 75(3) (other than a person in receipt of, or entitled to receive, a veteran's pension or a person who is a resident assessed as requiring care (as defined in section 136) in respect of whom a funder (as defined in that section) is paying some or all of the cost of contracted care services (as defined in that section) under section 141 or section 142)
6: In section 75(5) any benefit a main benefit under this Act
7: Repeal section 75(8)
8: In section 117(1)﻿(a)﻿(i) the person's benefit (unless it is not a main benefit under this Act)
9: In section 117(1)﻿(a)﻿(ii) the person's benefit (unless it is not a main benefit under this Act)
10: In section 117(1)﻿(b) the person's benefit (unless it is not a main benefit under this Act)
11: In section 117(1)﻿(c) benefit person's benefit (unless it is not a main benefit under this Act)
12: In section 117(2) whose benefit whose main benefit under this Act
13: In section 117(2)﻿(a) benefit main benefit under this Act
14: In section 117(2)﻿(b) a benefit a main benefit under this Act
15: After section 119(1)
1A: Subsections (1)﻿(a) and (ab) and (3) apply only to 1 or more main benefits under this Act.
16: In section 121 a benefit a main benefit under this Act
17: In section 123(1)﻿(a) a benefit a main benefit under this Act
18: In section 123(3) a benefit a main benefit under this Act
19: In section 123A(1) a benefit a main benefit under this Act
20: In section 123B(2)﻿(b) a benefit a main benefit under this Act
21: In section 123B(3) a benefit a main benefit under this Act
22: In sections 173(2)﻿(a) 174(2)﻿(a) any benefit a main benefit under this Act
23: In sections 173(2)﻿(b) 174(2)﻿(b) a benefit a main benefit under this Act
24: In Schedule 18 base rate
25: In Schedule 18 base rate
26: In Schedule 22 a benefit (other than New Zealand superannuation, a veteran's pension, an orphan's benefit, or an unsupported child's benefit) a main benefit under this Act
27: In Schedule 22 Reorganising headings and relocating section 53A
62: Amendments to make clearer principal Act's structure
The principal Act is amended in the manner indicated in Part 1 of Schedule 2
2: Consequential amendments, and transitional and savings provisions
Overview
63: Overview of Part
1: This Part Part 1
2: In particular, this Part
a: changes legislative references to reflect the new benefit categories; and
b: provides for transfers from existing benefits to new benefits ( see sections 139 140 section 3C Schedule 32
c: makes consequential amendments related to substantive amendments making clearer the principal Act's structure ( see sections 137 138 Parts 2 3 Consequential amendments: work-test couple rate
64: Consequential amendments to principal Act
1: In section 3(1) work-tested spouse or partner married couple
2: In section 3(1) work-tested spouse or partner work-tested married work-test couple
3: In section 3(5) married couple
4: In section 60H(2)﻿(b) married couple
5: In section 61A(1)﻿(a) and (1A) married couple
6: In section 120(1), (1A), and (2) married couple
65: Consequential amendments to other enactments
1: In the Accident Compensation Act 2001, section 252(5) married couple
2: In the Child Support Act 1991, section 30(3) and (4)﻿(a) married couple
3: In the Child Support Act 1991, section 30(5) gross married rate of invalid's benefit married couple
4: In the Child Support Act 1991, section 30(5) gross married rate of unemployment benefit married couple 2013-07-15 Accident Compensation Act 2001 See section 65(1) 2013-07-15 Child Support Act 1991 See section 65(2)-(4) Consequential amendments: status of examples
66: Consequential amendments to enactments made under principal Act
The following are consequentially revoked:
a: regulation 3A
b: regulation 5 2013-07-15 Social Security (Long-term Residential Care) Regulations 2005 See section 66(a) 2013-07-15 Social Security (Temporary Additional Support) Regulations 2005 See section 66(b) Consequential amendments: pre-benefit activities
67: Section 11D amended (Application process for benefits)
In section 11D(12 section 96A sections 11E, 11G, and 11H
68: Section 132J amended (Regulations stating pre-benefit activities)
In section 132J(1) section 96A sections 11E, 11G, and 11H
69: Social Security (Pre-benefit Activities) Regulations 2012 amended
1: This section amends the Social Security (Pre-benefit Activities) Regulations 2012
2: In regulation 3 section 96A(13) section 11E(3) 2013-07-15 Social Security (Pre-benefit Activities) Regulations 2012 Consequential amendments: Sole parent support
70: Section 3 amended (Interpretation)
1: In section 3(1) income-tested benefit
2: In section 3(1) part-time work-tested beneficiary
3: In section 3(1) work-tested beneficiary
4: In section 3(1) work-tested benefit
a: replace a work-tested domestic purposes beneficiary, a work-tested sole parent support beneficiary,
b: delete or a work-tested widow's beneficiary,
5: In section 3(1) work-tested benefit a domestic purposes benefit under section 27B or 27C; and sole parent support under section 20D
6: In section 3(1) work-tested benefit
7: In section 3(1) work-tested domestic purposes beneficiary
8: In section 3(1) work-tested sole parent support beneficiary
a: who has been granted sole parent support under section 20D
b: whose youngest dependent child is aged 5 years or older .
9: In section 3(1) work-tested widow's beneficiary section 33(5)
71: Section 60GAE amended (Beneficiaries having additional dependent child: general)
1: In section 60GAE(1)﻿(a) section 39 a widow's benefit,
2: In section 60GAE(2) work-tested domestic purposes beneficiary work-tested sole parent support beneficiary
3: In section 60GAE(2) , and work-tested widow's beneficiary
72: Section 60Q amended (Certain obligations may be placed on beneficiaries and their spouses and partners)
1: In section 60Q(1)﻿(a) section 40 a benefit under section 21 (the widow's benefit) a benefit under section 20D
2: Repeal section 60Q(1)﻿(b)
73: Section 61 amended (Chief executive may grant emergency benefit in cases of hardship)
In section 61(1) a domestic purposes benefit, a widow's benefit, sole parent support,
74: Section 70A amended (Rates of benefits for sole parents may be reduced)
Replace section 70A(1)﻿(b)﻿(i) and (ii)
i: sole parent support under section 20D .
75: Section 74AA amended (Residential requirements for certain benefits)
In section 74AA(2)
a: delete a domestic purposes benefit,
b: replace a widow's benefit sole parent support
76: Section 80B amended (Interpretation)
In section 80B income
ac: the amount of any sole parent support received by the person: .
77: Section 82 amended (Payment of benefits)
In section 82(2A) , and a widow's benefit
78: Section 162 amended (Youth payment: continuation after age 18)
Replace section 162(2)﻿(a) and (b)
a: sole parent support: .
79: Section 168 amended (Young parent payment: continuation after age 19)
Replace section 168(2)﻿(a) and (b
a: sole parent support: .
80: Schedule 3 amended
1: In the Schedule 3 ss 21, 24 s 3C
2: In the Schedule 3 Rates of widows' benefits Rates of generally abolished former widows' benefits under section 21 as saved by clause 3 of Schedule 32 for reciprocity agreement applicants or recipients
81: New Schedule 3A inserted
1: After Schedule 3 Schedule 3A Schedule 1
2: In section 3(1) dependent child 3, 3A
3: In section 61H(1)﻿(d) 3, 3A
4: In section 61HA(2) 3, 3A
82: Schedule 10 amended
1: In the heading to Schedule 10 New Zealand Superannuation payable under section 16, invalids', widows', domestic purposes, and sickness stated
2: In Schedule 10 in any other case in the case of New Zealand Superannuation, supported living payment on the ground of sickness, injury, disability, or total blindness, or sole parent support
83: Schedule 16 amended
1: In the Schedule 16 ss 27B, 27C, 27H s 3C
2: In the Schedule 16 Rates of domestic purposes benefits Rates of generally abolished former DPB for solo parents under section 27B as saved by clause 3 of Schedule 32 for reciprocity agreement applicants or recipients
84: Schedule 18 amended
In Schedule 18 a widow's benefit or a domestic purposes benefit sole parent support
85: Other consequential amendments to principal Act
1: In the following provisions, replace a domestic purposes benefit sole parent support
a: section 3(1) income-tested benefit
b: section 60GAE(1)﻿(a) section 39
c: section 80(5)﻿(b)
d: section 82(2A)
2: In the following provisions, replace domestic purposes beneficiary sole parent support beneficiary
a: section 3(1) part-time work-tested beneficiary
b: section 3(1) work-tested benefit
3: In section 3(1) work-tested beneficiary section 33(2) domestic purposes beneficiary; or sole parent support beneficiary
4: In the following provisions, replace a widow's benefit, a domestic purposes benefit, sole parent support,
a: section 61E(1) beneficiary
b: section 66(1)
c: section 69C(1)﻿(a)
d: section 80(2)﻿(b)
5: In section 80(14)﻿(a) a widow's benefit, a domestic purposes benefit, sole parent support,
86: Consequential amendments to other enactments
The enactments specified in Schedule 3 2013-07-15 Child Support Act 1991 Income Tax Act 2007 Minimum Wage Act 1983 Rates Rebate Act 1973 Health Entitlement Cards Regulations 1993 Social Security (Debt Recovery Suspension) Regulations 2007 Social Security (Exemptions under Section 105) Regulations 1998 Social Security (Period of Income Assessment) Regulations 1996 Social Security (Temporary Additional Support) Regulations 2005 Social Welfare (Reciprocity with Canada) Order 1996 Social Welfare (Reciprocity with Denmark) Order 1997 Social Welfare (Reciprocity with Ireland) Order 1993 Social Welfare (Reciprocity with Jersey and Guernsey) Order 1995 Social Welfare (Reciprocity with the Hellenic Republic) Order 1993 Social Welfare (Reciprocity with the Netherlands) Order 2003 Social Welfare (Reciprocity with the United Kingdom) Order 1990 Student Allowances Regulations 1998 Consequential amendments: supported living payment benefit
87: Section 3(1) amended (Interpretation)
1: In section 3(1) work-test married rate 42(2) 40I(5)
2: In section 3(1) work-tested spouse or partner 42(2) 40I(5)
88: Section 39A amended (Child disability allowance)
In section 39A(1) 39F 39E
89: Section 43 amended (Subsidy on earnings of blind beneficiaries)
In section 43 section 42 section 40I
90: Section 70A amended (Rates of benefits for sole parents may be reduced)
Replace section 70A(1)﻿(b)﻿(iii)
iii: a supported living payment on the ground of sickness, injury, disability, or total blindness, under section 40B .
91: Section 80 amended (Commencement of benefits)
In section 80(5)﻿(ca)﻿(i), replace congenital defect existing from birth
92: Section 80B amended (Interpretation)
In section 80B income
ad: the amount of any supported living payment received by the person: .
93: Section 157 amended (Interpretation)
1: In section 157 specified beneficiary
2: In section 157 specified beneficiary invalid's benefit supported living payment
94: Schedule 6 amended
1: In the Schedule 6 invalids' supported living payment
2: In the Schedule 6 ss 42, 43 ss 40I, 40J
3: In Schedule 6 children) receiving a supported living payment under section 40B
4: In Schedule 6 (h) To a beneficiary (with or without dependent children) receiving a supported living payment under section 40D $214.79 a week, subject to Income Test 1
5: In Schedule 6 invalid beneficiary
6: In Schedule 6 3 Despite paragraphs (e), (g), and (h)
95: Schedule 17 repealed
1: Repeal Schedule 17
2: In section 61H(1)﻿(d) 17 to 18,
3: In section 61HA(2) 17,
96: Other consequential amendments to principal Act
1: In the following provisions, replace an invalid's benefit a supported living payment
a: section 3(1) income-tested benefit
b: section 3(1) work-test married rate
c: section 3(1) work-tested benefit section 33(2)
d: section 3(1) work-tested spouse or partner
e: section 43 section 40J section 19(1)
f: section 60GAE(1)﻿(a) section 39
g: section 60Q(1)﻿(c)﻿(i) section 40
h: section 61(1)
i: section 61E(1) beneficiary
j: section 66(1)
k: section 69C(1)﻿(a)
l: section 74AA(2)
m: section 77(4)﻿(b)
n: section 80(2)﻿(b), (5)﻿(b), and (14)﻿(b)
o: section 82(2A)
p: Schedule 30
2: In the following provisions, replace “an invalid's benefit” with “a supported living payment on the ground of sickness, injury, disability, or total blindness”:
a: section 12J(2)﻿(a)
b: section 69C(5)﻿(a)
c: section 72(b)
d: section 80(5)﻿(ca)
3: In section 80(5)﻿(ca)﻿(ii) on the grounds or a supported living payment (in either case) on the ground
97: Consequential amendments to other enactments
The enactments specified in Schedule 4 2013-07-15 Accident Compensation Act 2001 Child Support Act 1991 Income Tax Act 2007 Minimum Wage Act 1983 New Zealand Superannuation and Retirement Income Act 2001 Rates Rebate Act 1973 Health Entitlement Cards Regulations 1993 Social Security (Debt Recovery Suspension) Regulations 2007 Social Security (Exemptions under Section 105) Regulations 1998 Social Security (Invalid's Benefit) Regulations 1998 Social Security (Period of Income Assessment) Regulations 1996 Social Security (Temporary Additional Support) Regulations 2005 Social Welfare (Reciprocity with Australia) Order 2002 Social Welfare (Reciprocity with Canada) Order 1996 Social Welfare (Reciprocity with Denmark) Order 1997 Social Welfare (Reciprocity with the Hellenic Republic) Order 1993 Social Welfare (Reciprocity with Ireland) Order 1993 Social Welfare (Reciprocity with Jersey and Guernsey) Order 1995 Social Welfare (Reciprocity with the Netherlands) Order 2003 Social Welfare (Reciprocity with the United Kingdom) Order 1990 Student Allowances Regulations 1998 Taxation (Abated Interim Payments of subparts MA to MF and MZ Credit) Regulations 2002 Consequential amendments: repeal of section 60HA
98: Consequential amendments to principal Act and to regulations made under it
1: In section 3(1) work preparation exercise
2: In section 105(1) or from complying with section 60HA
3: In the heading to section 123 section 60HA or
4: In section 123(1)﻿(b)﻿(ia a request under section 60HA or
5: In section 123(1)﻿(b)﻿(ii) or an exemption from complying with section 60HA
6: In section 123B(5)﻿(a) a request under section 60HA or
7: In section 123B(5)﻿(b) section 60HA or
8: In section 123D(a) or the obligation to comply with section 60HA
9: In the Social Security (Exemptions under Section 105) Regulations 1998, revoke regulation 3 Consequential amendments: sickness benefit abolished
99: Section 3 amended (Interpretation)
1: In section 3(1) income-tested benefit
2: In section 3(1) part-time work-tested beneficiary
b: a person who is granted jobseeker support on the ground of sickness, injury, or disability and who, under section 88F(4) .
3: In section 3(1) work-tested beneficiary section 33(2)
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) .
4: In section 3(1) work-tested beneficiary
5: In section 3(1) work-tested benefit , a work-tested sickness beneficiary, or a beneficiary receiving jobseeker support on the ground of sickness, injury, or disability who is not, under section 88F(4)
6: In section 3(1) work-tested benefit a sickness benefit, an emergency benefit, and an emergency benefit and
7: In section 3(1) work-tested benefit
8: In section 3(1) work-tested sickness beneficiary
9: In section 3(1) work-tested spouse or partner , a sickness benefit,
100: Section 12J amended (Rights of appeal)
In section 12J(2)﻿(e) a sickness benefit jobseeker support on the ground of sickness, injury, or disability
101: Section 60H amended (Voluntary unemployment or loss of employment through misconduct, etc)
Replace section 60H(2)﻿(ab)
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) .
102: Section 61 amended (Chief executive may grant emergency benefit in cases of hardship)
In section 61(1A) a sickness benefit under section 54A or
103: Section 66 amended (Exemption of income from friendly or like society)
In section 66(1) a sickness benefit jobseeker support on the ground of sickness, injury, or disability
104: Section 70A amended (Rates of benefits for sole parents may be reduced)
Repeal section 70A(1)﻿(b)﻿(iv)
105: Section 72 amended (Limitation where applicant receiving another benefit or war pension)
In section 72(b) a sickness benefit jobseeker support on the ground of sickness, injury, or disability
106: Section 80 amended (Commencement of benefits)
1: In section 80(5)﻿(c) the benefit is a sickness benefit the benefit is jobseeker support on the ground of sickness, injury, or disability
2: In section 80(5)﻿(c)﻿(ii) a community wage or jobseeker support (in either case)
3: In section 80(14)﻿(a) a sickness benefit jobseeker support on the ground of sickness, injury, or disability
107: Section 102 amended (Application of work test)
Replace section 102(1)
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 from,—
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.
108: Section 157 amended (Interpretation)
In section 157 specified beneficiary sickness benefit,
109: Section 162 amended (Youth payment: continuation after age 18)
Repeal section 162(2)﻿(c)
110: Section 168 amended (Young parent payment: continuation after age 19)
Repeal section 168(2)﻿(c)
111: Schedule 9 amended
In the Schedule 9 and sickness benefits
112: Schedule 10 amended
In Schedule 10 a sickness benefit jobseeker support on the ground of sickness, injury, or disability
113: Other consequential amendments to principal Act
1: In the following provisions, delete or a sickness benefit
a: section 3(1) work-test married rate
b: section 61(1)
c: section 61E(1) beneficiary
d: section 69C(1)﻿(a) and (5)﻿(a)
2: In the following provisions, delete a sickness benefit,
a: section 60GAE(1)﻿(a) section 39
b: section 60Q(1)﻿(c)﻿(i) section 40
c: section 74AA(2)
d: section 80(5)﻿(b)
e: section 82(2A)
3: In section 80(2)﻿(b) a sickness benefit jobseeker support on the ground of sickness, injury, or disability
114: Consequential amendments to other enactments
The enactments specified in Schedule 5 2013-07-15 Child Support Act 1991 Education Act 1989 Income Tax Act 2007 Social Security (Debt Recovery Suspension) Regulations 2007 Social Security (Exemptions under Section 105) Regulations 1998 Social Security (Sickness Benefit—Medical Examinations) Regulations 2010 Social Security (Temporary Additional Support) Regulations 2005 Social Welfare (Reciprocity with Jersey and Guernsey) Order 1995 Social Welfare (Reciprocity with the United Kingdom) Order 1990 Student Allowances Regulations 1998 Consequential amendments: social obligations of certain beneficiaries with dependent children
115: Section 123 amended (Effect of ceasing to be subject to obligation to comply with section 60HA or work test or section 170 or 171)
1: In the heading to section 123 171 , social obligation, or work preparation obligation
2: In section 123(1)﻿(a) suspended or reduced
3: In section 123(2)﻿(a) suspension or reduction
4: After section 123(3)
3A: A sanction imposed on a person under section 117 (as applied by sections 60RC(1) and 116B(1)﻿(b) section 60RA(3) section 60RA(3)
3B: A sanction imposed on a person under section 117 (as applied by section 116B(1)﻿(c)
116: Section 132AC amended (Regulations relating to childcare assistance)
After section 132AC(1)
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)
117: Section 170 amended (Youth support payments: obligations)
In section 170(2)﻿(c) in regulations under this Act for the purposes of this paragraph in regulations under section 132AC Consequential amendments: expiry and re-grant of specified benefits
118: Section 117 amended (Sanctions that may be imposed for failures)
Replace section 117(4)
4: If a person's specified benefit (as defined in section 80BE(5) section 80BF
119: Section 119 amended (Calculation of failure rate)
In section 119(3A)
a: replace an unemployment a specified
b: replace section 99AA section 80BE
c: replace section 99AB section 80BF Consequential amendments: jobseeker support
120: Cross-headings above sections 58 and 59B repealed
Repeal the cross-headings above sections 58 59B
121: Section 61 amended (Chief executive may grant emergency benefit in cases of hardship)
In section 61(1A) section 90 section 88C
122: Section 80B amended (Interpretation)
In section 80B income
ae: the amount of any jobseeker support received by the person: .
123: Section 82 amended (Payment of benefits)
In section 82(2A) , an unemployment benefit and jobseeker support
124: New cross-heading above section 88A inserted
After the Part 2 Definitions of terms in this Part .
125: Section 99A repealed (Transfer from community wage to unemployment benefit on 1 July 2001)
Repeal section 99A
126: Section 105 amended (Exemption from obligations)
In section 105(5A) granted an exemption who is, or is deemed to be, granted an exemption under this section
127: Schedule 9 amended
1: In the Schedule 9 unemployment benefits jobseeker support
2: In the Schedule 9 ss 60JA, 99 ss 3C, 88M
3: In Schedule 9 section 99(4) section 88M(4)
128: Other consequential amendments to principal Act
1: In the following provisions, replace an unemployment benefit jobseeker support
a: section 3(1) income-tested benefit
b: section 3(1) work-test married rate
c: section 3(1) work-tested benefit section 33(2)
d: section 3(1) work-tested spouse or partner
e: section 60GAE(1)﻿(a) section 39
f: section 60Q(1)﻿(c)﻿(i) section 40
g: section 61(1)
h: section 61(1A)
i: section 61E(1) beneficiary
j: section 69C(1)﻿(a) and (5)﻿(a)
k: section 70A(1)﻿(b)﻿(v)
l: section 74AA(2)
m: section 80(5)﻿(b)
n: section 162(2)﻿(e)
o: section 168(2)﻿(e)
p: Schedule 18
2: In the following provisions, replace unemployment benefit jobseeker support
a: section 157 specified beneficiary
b: Schedule 18 base rate
129: Consequential amendments to other enactments
The enactments specified in Schedule 6 2013-07-15 Child Support Act 1991 Education Act 1989 Income Tax Act 2007 Minimum Wage Act 1983 Social Security (Debt Recovery Suspension) Regulations 2007 Social Security (Temporary Additional Support) Regulations 2005 Social Welfare (Reciprocity with the United Kingdom) Order 1990 Student Allowances Regulations 1998 Consequential amendments: review of benefits
130: Section 11D amended (Application process for benefits)
In section 11D(6) section 81(3) and (4) Consequential amendments: sanctions
131: Section 102A amended (Work test obligations)
1: In section 102A(1)﻿(g) requires; and requires.
2: Repeal section 102A(1)﻿(h)
3: In section 102A(3) (whether or not it is included in a job seeker agreement that continues to apply to him or her under subsection (1)﻿(h))
4: Repeal section 102A(4)
132: Section 117 amended (Sanctions that may be imposed for failures)
In section 117(1) section 115 or section 116A section 116B
133: Section 119 amended (Calculation of failure rate)
In section 119(2) section 115 or section 116A section 116B
134: Section 122 amended (Meaning of recompliance)
In section 122 section 115, or section 116A section 116B
135: Section 171 amended (Obligations of spouses and partners of specified beneficiaries)
In section 171(3)﻿(b) section 116A section 116B Effect on benefit of warrant to arrest beneficiary: information matching
136: Privacy Act 1993 amended
1: This section amends the Privacy Act 1993
2: In Schedule 3 Social Security Act 1964 and 126AB , 126AB, and 126AC 2013-07-15 Privacy Act 1993 Consequential amendments: reorganising headings and relocating section 53A
137: Consequential amendments to principal Act
The principal Act is amended in the manner indicated in Part 2
138: Consequential amendments to other enactments
The enactments specified in Part 3 2013-07-15 Income Tax Act 2007 Legal Services Act 2011 Transitional and savings provisions
139: New section 3C inserted (Transitional and savings provisions relating to amendments to this Act)
After section 3 section 3B section 7
3C: Transitional and savings provisions relating to amendments to this Act
Schedule 32
140: New Schedule 32 inserted
After Schedule 31 Schedule 32 Schedule 7