Social Security Amendment Act 1998

1: Short Title and commencement
1: This Act may be cited as the Social Security Amendment Act 1998, and is part of the Social Security Act 1964 the principal Act
2: Part 1
3: Part 2
4: Part 3 Schedule 1
5: Part 4 Schedule 2
1: Amendments to principal Act coming into force on 1 July 1998
2: Interpretation
1: This subsection amended s 3(1)
2: This subsection inserted the definitions of the terms Living with a parent Parent 3(1)
3: This subsection amended ss 2 3(2) 11(2) 21(1) 24 27B(2) 27C(3) 27G(2) 27H(1) (1B) 39D 40 42(1) 55(1) 58(1) 61(1) 61EA(1) 61G(1) 64(1) (2A) 66(1) 68 69(1) 69G(1) to (3) 69H(1) (3) 70(1) 70(3) (4) 71(1) 71A(1) 72 73(1) 74 75(2) 75A 82(3) (4) 83(1) 84A 86(2) (3) 86J
4: This subsection amended ss 54(1) 58(3)﻿(c) 59B(1)
3: Sickness benefits
1: This subsection amended s 54(1)
2: If a person was receiving a sickness benefit immediately before 1 July 1998, nothing in subsection (1)
4: Rates of sickness benefit
1: This subsection amended s 55(1)
2: This subsection amended s 55(2)
3: This subsection inserted s 55(3)
5: Unemployment benefits
1: This subsection amended s 58(1)﻿(d)
2: If a person was receiving an unemployment benefit immediately before 1 July 1998, nothing in subsection (1)
6: Young job seekers' allowances
1: This subsection amended s 59B(1)﻿(g)
2: If a person was receiving a young job seeker's allowance immediately before 1 July 1998, nothing in subsection (1)
7: Training benefits: qualifications
1: This subsection amended s 60AA(2)﻿(c)
2: If a person was receiving a training benefit immediately before 1 July 1998, nothing in subsection (1)
8: Independent youth benefits: basic qualifications
1: This subsection amended s 60F(2)﻿(c)
2: If a person was receiving an independent youth benefit immediately before 1 July 1998, nothing in subsection (1)
9: Schedule 8 amended
1: This subsection amended Schedule 8
2: This subsection amended s 61H(1)﻿(d)
10: Schedule 9 amended
This section amended Schedule 9
2: Amendments to principal Act coming into force 1 September 1998
11: Interpretation
1: This subsection inserted definitions of the terms Capacity for work Chief executive Employment Open employment Psychologist Sheltered employment Sickness 3(1)
2: This subsection substituted para (b)﻿(iv) of the definition of the term benefit 3(1)
3: This subsection inserted para (f)﻿(iva) income 3(1)
12: Child disability allowance
1: This subsection amended s 39A
2: This subsection amended s 39A(3)
3: Every handicapped child's allowance that was payable immediately before 1 September 1998 becomes, on that date, a child disability allowance under section 39A
4:
a: This paragraph amended ss 12J 39B 39C 39D 39E 53A(1)
b: This paragraph amended ss 39C 53A
c: This paragraph amended s 72
d: This paragraph amended Schedule 19
5: This subsection substituted immediately above section 39A
13: New heading and sections substituted
This section inserted s 39F s 40
14: New sections substituted
This section substituted s 44 s 45 s 46
15: New sections relating to assessment of capacity for work inserted
1:
2: This subsection repealed the heading immediately following section 46 Subsection (1) repealed 8 March 2001 4(3) Social Security Amendment Act 2001
16: Right of appeal on medical grounds
1:
2: This subsection amended s 53A(1)
3: This subsection inserted s 53A(1A)
4: Subsections (1) (4) repealed 8 March 2001 4(3) Social Security Amendment Act 2001
17: Regulations relating to work capacity assessment
Section 17 repealed 8 March 2001 4(3) Social Security Amendment Act 2001
3: Amendments to principal Act coming into force on 1 October 1998
18: Interpretation
1: This subsection inserted definitions of the terms Community wage Community wage earner Full-time student Job seeker contract Participation allowance Part-time work-tested beneficiary Regular Suitable employment Work test 3(1)
2: This subsection substituted the definitions of the terms non-entitlement period work-tested beneficiary work-tested benefit work-tested spouse 3(1)
3: This subsection inserted para (aa) of the definition of the term benefit 3(1)
4: This subsection repealed paragraph (b)﻿(v) of the definition of the term benefit 3(1)
5: This subsection repealed the definition of the term community task force project 3(1)
6: Section 3(1) Full employment Full employment full-time employment
7: This subsection inserted para (f)﻿(va) of the definition of the term income 3(1)
8: This subsection amended the definition of the term part-time work 3(1)
9: This subsection amended the definition of the term work-tested domestic purposes beneficiary 3(1)
10: This subsection amended the definition of the term work-tested widow's beneficiary 3(1)
11: This subsection substituted s 3(5)
12: Section 60JC(1)
a: This paragraph amended s 60JC(1)﻿(b)
b: This paragraph amended s 60JC(1)﻿(c)
19: Right of appeal
1: This subsection amended s 12J(1)﻿(a)
2:
a: This paragraph amended s 12J(2)
b: This paragraph substituted s 12J(2)﻿(e)
20: Widows' benefits
1: This subsection substituted s 21(2B)
2: This section amended s 21(2C)
21: Domestic purposes benefits for solo parents
1: This subsection substituted s 27B(2B)
2: This subsection amended s 27B(2C)
22: Domestic purposes benefits for women alone
1: This subsection substituted s 27C(5)
2: This subsection amended s 27C(6)
23: Right of appeal on medical grounds
This section substituted s 53A(1)﻿(ba) of the principal Act.
24: Sections 54 to 56 repealed
1: Sections 54 to 56
2: The following enactments are consequentially repealed:
a: Section 11 Social Security Amendment Act 1978
b: Section 7 Social Security Amendment Act (No 3) 1993
c: Section 2(1) Social Security Amendment Act (No 3) 1997
25: Sections 58 to 60C repealed
1: Sections 58 to 60C
2: The following enactments are consequentially repealed:
a: Section 12 Social Security Amendment Act 1978
b: Sections 3 to 7 section 9 Social Security Amendment Act (No 3) 1997
26: Independent youth benefits: basic qualifications
1: This subsection substituted s 60F(3)
2: This subsection substituted s 60F(6)
27: Independent youth benefits: sickness, injury, or disability
This section substituted s 60FD
28: Purposes of sections 60H to 60M
This section substituted s 60GA(b)﻿(ii)
29: Voluntary unemployment or loss of employment through misconduct, etc
1:
a: This paragraph substituted the definition of the term Employment s 60H(1)
b: This paragraph repealed the definition of the term regular s 60H(1)
2: This subsection substituted s 60H(2)
30: Mandatory interviews
1: This section amended s 60HA(1)﻿(a)﻿(ii)
2: Section 60HA(4)
31: Effect of failure to attend or participate in mandatory interview
This section substituted s 60HB
32: Beneficiaries to be work-tested
1: Section 60HC(3)
2: This subsection amended s 60HC(5)
3: Section 60HC subsections (6) (8) (9)
4: This subsection substituted s 60HE(1)
33: Section 60HCA repealed
1: Section 60HCA
2: Section 2 Social Security Amendment Act (No 2) 1997
34: Power of Director-General to grant exemption from mandatory interview or work test
1: This subsection amended s 60HD(1)﻿(b)
2: This subsection substituted s 60HD(2)
3: This section amended s 60HD(3)
4: Section 60HD(4)
35: Delay of work test obligation for existing beneficiaries
This section inserted s 60HF
36: Failure to comply with work test
1: This subsection amended s 60J(2)﻿(a)﻿(ii)
2: Section 60J(6)
37: Penalty for failure to attend or participate in mandatory interview or comply with work test
1: This subsection amended s 60JA(4)
2: This subsection substituted s 60JA(5)﻿(b)
3: This subsection amended s 60JA(10)
38: Effect of participation in approved activities
1: This subsection substituted s 60KA
2: Where, before 1 October 1998, a person commenced participation in a community task force project or a training programme approved by the Director-General (under section 60KA section 60KA
39: Effect of sections 60H to 60J and section 60N on entitlement to supplementary benefits and on spouses
Section 60L
40: Community task force scheme
1: Section 60M
2: The following enactments are consequentially repealed:
a: Section 60J(3)﻿(d)
b: Section 60J(5)
c: Clause 6
d: Section 15 Social Security Amendment Act (No 2) 1991
41: Director-General may grant emergency benefit in cases of hardship
1: This subsection amended s 61(1)
2: This subsection inserted s 61(1A)
42: Interpretation
This section substituted s 61E(1)﻿(a)
43: Exemption of income from friendly or like society
This section amended s 66(1)
44: Disability allowance
1: This subsection amended s 69C(1)﻿(a)
2: This subsection amended s 69C(5)﻿(a)
45: Rates of benefits for sole parents may be reduced
This section amended s 70A(1)﻿(b)
46: Special provisions in respect of earnings related compensation
Section 71A
a: This paragraph amended s 71A(1)﻿(a)
b: This paragraph amended s 71A(2)
47: Limitation where applicant receiving another benefit or war pension
This section amended s 72(b)
48: Effect of absence of beneficiary from New Zealand
1: This subsection amended s 77(2)
2: This section amended s 77(3)
49: Commencement of benefits
a: This paragraph amended s 80(2)﻿(b)
b: This paragraph amended s 80(5)﻿(c)
c: This paragraph amended s 80(5)﻿(c)﻿(ii)
d: This paragraph amended s 80(14)﻿(a)
2: This subsection substituted s 80(5)﻿(a)
50: Interpretation
This section substituted para (a)﻿(iv), and repealed para (a)﻿(v) to (vii) of the definition of the term income s 80B
51: Calculation of stand down
This section amended s 80BA(4)﻿(b)﻿(i)
52: Ending of benefits
This section amended s 80BD(3)
53: New Part 2 inserted
This section inserted Part 2 87 to 100
54: Transfer of existing beneficiaries to community wage
1: This section applies to persons receiving any of the following benefits immediately before the commencement of this section:
a: An unemployment benefit (which includes the benefit known as the 55+ benefit):
b: A young job seeker's allowance:
c: A training benefit:
d: A sickness benefit:
e: The benefit known as the emergency sickness benefit, which benefit is an emergency benefit on the grounds of sickness, injury, or disability:
f: The benefit known as the emergency unemployment benefit, which benefit is an emergency benefit where the chief executive has imposed work testing as a condition of the benefit, and the benefit is—
i: Granted instead of, or in substitution for, an unemployment benefit; or
ii: Analogous to an unemployment benefit.
2: If, immediately before the date of commencement of this section, a person was fulfilling the conditions of entitlement to the benefit, then on that date—
a: The benefit becomes a community wage as if it had been granted under section 89
b: The person becomes a community wage earner; and
c: If the benefit was paid at a married rate, then the community wage is payable as if the person and his or her work-tested spouse had each signed a job seeker contract.
3: A person who becomes a community wage earner under this section, and his or her work-tested spouse, must enter into a job seeker contract if required to do so by the chief executive, and section 95(3) section 96(3)
55: Regulations providing for participation allowance
This section inserted s 132F
56: Schedule 9 amended
1: This subsection amended Schedule 9
2: This subsection substituted clause 5
57: Consequential amendments to other enactments
The enactments specified in Schedule 1
4: Amendments to principal Act coming into force on 1 February 1999
58: Interpretation
1: This subsection inserted in s 3(1) Work preparation exercise Work-test married rate
2: This subsection amended the definition of the term dependent child s 3(1)
3: This subsection substituted the definition of the term part-time work-tested beneficiary s 3(1)
4: This subsection amended the definition of the term work-tested benefit s 3(1)
5: This subsection substituted paragraph (b) of the definition of the term work-tested domestic purposes beneficiary s 3(1)
6: This subsection substituted the definition of the term work-tested spouse s 3(1)
7: This subsection amended paragraph (b) of the definition of the term work-tested widow's beneficiary s 3(1)
8: This subsection amended s 3(5) Subsection (4) substituted 1 October 1998 9 Social Security (Work Test) Amendment Act 1998
59: Widows' benefits
This section substituted s 21(2A)
60: Rates of widows' benefits
This section amended s 24
61: Domestic purposes benefits for solo parents
This section substituted s 27B(2A)
62: Domestic purposes benefits for women alone
This section amended s 27C(4)
63: Rates of domestic purposes benefits
This section amended s 27H(1)
64: Obligations on spouse of invalid's beneficiary
This section inserted s 42A
65: Work preparation exercise
1: This subsection substituted s 60HA
2: This subsection substituted s 131A(2)﻿(g)
66: Beneficiaries to be work-tested
1: This subsection substituted ss 60HC(5)﻿(a) 60HC(5)﻿(b)
2: This subsection amended s 60HC(7)﻿(a)
67: Power of chief executive to grant exemption from compliance with request under section 60HA or work test
1: This subsection amended s 60HD(1)
2: This subsection amended s 60HD(3)
3: This subsection amended s 60HD(6)
68: Penalty for failure to participate in work preparation exercise or comply with work test
1: This subsection amended s 60JA(1)
2: This subsection amended s 60JA(4)
3: This subsection substituted s 60JA(5)﻿(a)
4: This subsection substituted the definition of the term benefit s 60JA(10)
69: Effect of recompliance with work preparation exercise or work test
This section substituted s 60JB(1)﻿(a)
70: Reduction in benefit or non-entitlement period ends when person no longer required to comply with section 60HA or work test
This section amended s 60JC(2)﻿(a)
71: Effect on non-entitlement of undertaking employment
This section substituted s 60K
72: Effect of participation in approved activities
1: This subsection substituted s 60KA(2) s 60KA(3)
2: This subsection amended s 60KA(4)
3: This subsection amended s 60KA(5)
4: This subsection amended s 60KA(8)
73: Obligations of spouse of person granted emergency benefit
This section inserted s 61A
74: Rates of benefits, etc may be increased by Order in Council
This section substituted s 61H(1)﻿(d)
75: Effect of absence of beneficiary from New Zealand
1: This subsection amended s 77(2)
2: This subsection amended s 77(3)
3: This subsection amended s 77(3A)
76: Recovery of payments made in excess of authorised rates
This section inserted ss 86(1E) (1F)
77: Job seeker contract for other beneficiaries
1: This subsection amended s 95(4)
2: This subsection amended s 95
78: Application of sections 58, 65, and 66
Section 58 section 3(1) section 65 section 60HA section 66 section 60HC
a: For a person granted a widow's benefit, or a domestic purposes benefit under section 27B 27C
b: For any other work-tested domestic purposes beneficiary or work-tested widow's beneficiary, from the earlier of the following dates:
i: The date on which the beneficiary's benefit is next reviewed under section 81
ii: 1 February 2000:
c: For a work-tested spouse in respect of whom a community wage or invalid's benefit or emergency benefit has been granted on or after 1 February 1999, from that date:
d: For any other work-tested spouse of a beneficiary who has been granted a community wage, an invalid's benefit, or an emergency benefit, from the earlier of the following dates:
i: The date on which the benefit is next reviewed under section 81
ii: 1 February 2000.
79: New Schedules 3 and 16 substituted
The principal Act is amended by repealing Schedules 3 16 Schedule 2
80: Child Support Act 1991 amended
This section inserted s 240(2)﻿(ba) Child Support Act 1991