Social Security Amendment Act (No 4) 1997

1: Short Title and commencement
1: This Act may be cited as the Social Security Amendment Act (No 4) 1997, and is part of the Social Security Act 1964 the principal Act
2: This Act comes into force on the day after the date on which it receives the Royal assent, except for sections 9 11 13 14 15 18 20(1) 28 30
2: Interpretation
1: This subsection substituted para (c) income
2: This subsection inserted subparas (xiii) to (xv) income
3: This subsection amended the definition of the term pay day or date
4: This subsection inserted the definition of the term Residential care
3: Review of decisions
Section 3 repealed 8(3) Social Welfare (Transitional Provisions Amendment Act 2000
4: Power to obtain information
1: This subsection amended section 11(1)
2: This subsection inserted s 11(2)﻿(da)
3: This subsection amended s 11(3)
4: This subsection substituted s 11(4)
5: This subsection amended s 11(6)
6: This subsection repealed s 11(7)
5: New sections inserted
This section inserted ss 11B 11C
6: Right of appeal
1: This subsection substituted s 12J(1)
2:
a: This paragraph amended s 12J(2)
b: This paragraph amended s 12J(2)﻿(c)
c: This paragraph inserted s 12J(2)﻿(d) (e)
3: Section 12J subsection (3)
4: The following enactments are repealed:
a: Section 3 of the Social Security Amendment Act 1976
b: Section 7 Social Security Amendment Act 1987
c: Sections 14(4) 38(1)﻿(a) Social Welfare (Transitional Provisions) Act 1990
d: Section 5 of the Social Security Amendment Act (No 5) 1991
e: Section 4(1) Social Security Amendment Act (No 3) 1993
f: So much of the Schedule Social Security Amendment Act (No 3) 1996 section 12J(1)﻿(b)
7: Procedure on appeal
1: This subsection substituted s 12K(1) s 12K(1A) to (1C)
2: This subsection amended s 12K(11)
3: The provisions of sections 12K 12M 12O 12P subsection (1C) subsection (1) section 12J
4: Section 10(3) Finance Act 1987
8: Effect of deduction notices
This section amended s 27Z(2A) section 256(1)﻿(a) Child Support Act 1991
9: Rates of invalids' benefits
1: This subsection inserted s 42(2)
2: This section is deemed to have come into force on 1 July 1995.
10: Right of appeal on medical grounds
1: Section 53A(1) section 13 Social Security Amendment Act 1986
a: This paragraph inserted s 53A(1)﻿(ba)
b: This paragraph amended s 53A(1)﻿(d)
c: This paragraph inserted s 53A(1)﻿(e)
d: This paragraph amended s 53A(1)
e: This paragraph amended s 53A(1)
2: This subsection inserted s 53A(3)
11: New sections substituted
1: The principal Act is amended by repealing section 60A section 33(1) Finance Act 1989 section 13 of the Social Security Amendment Act 1996
60A: Training benefits: purpose
The purpose of the training benefit is to provide assistance to unemployed persons to enable them to undertake employment-related training that will enhance their prospects of obtaining employment.
60AA: Training benefits: qualifications
1: The basic qualifications for entitlement to a training benefit are in subsection (2) subsection (3) subsection (4)
2: The basic qualifications for entitlement to a training benefit are that a person—
a: Is unemployed (but his or her entitlement may be affected by subsection (6)
b: Is not a full-time student; and
c: Has resided continuously in New Zealand for not less than 12 months at any time; and
d: Is engaged full-time in an employment-related training programme approved by the Director-General for the purposes of this section.
3: An unmarried person is entitled to a training benefit if—
a: Subsection (2)
b: He or she is 18 years or over.
4: A married person is entitled to a training benefit if—
a: Subsection (2)
b: Either—
i: He or she is 16 years or 17 years and has a dependent child or dependent children; or
ii: He or she is 18 years or over.
5: The entitlement to a training benefit of a person referred to in section 60KA(1) section 60KA(2)
6: A person is not entitled to a training benefit if he or she—
a: Has—
i: Become unemployed; or
ii: Taken leave with or without pay from his or her usual employment; and
b: Has done so, in the Director-General's opinion, in order to undertake employment-related training.
2: The entitlement to a training benefit of a person who, immediately before 1 January 1998,—
a: Was 16 years or 17 years; and
b: Was receiving a training benefit— is determined by the law in force immediately before 1 January 1998.
3: Section 60C(1) section 60A of this Act section 60AA
4: The following enactments are repealed:
a: Section 13 of the Social Security Amendment Act 1996
b: Section 5 Social Security Amendment Act (No 3) 1997
5: This section comes into force on 1 January 1998.
12: Period for which training benefit payable
This section amended s 60C(1)
13: New sections substituted
1: The principal Act is amended by repealing section 60F section 17(1) Social Security Amendment Act (No 2) 1990 section 15 of the Social Security Amendment Act 1996
60F: Independent youth benefits: basic qualifications
1: The basic qualifications for entitlement to an independent youth benefit are in subsection (2) section 60FA section 60FB
2: The basic qualifications for entitlement to an independent youth benefit are that a person—
a: Is 16 years or 17 years; and
b: Is without a dependent child or dependent children; and
c: Has resided continuously in New Zealand for not less than 12 months at any time; and
d: Is in 1 of the situations described in subsections (3) to (6)
3: The first situation is that the person—
a: Is unemployed (other than because of a strike either by the person or by fellow members of the same union at the same place of employment); and
b: Is capable of undertaking suitable work and is willing to do so; and
c: Complies with section 60HC
d: Is not enrolled in a full-time course (as defined in clause 2(1) of the Student Allowances Regulations 1991 (SR 1991/295)
4: The second situation is that the person—
a: Is unemployed (other than because of a strike either by the person or by fellow members of the same union at the same place of employment); and
b: Is enrolled in a full-time course of secondary instruction (but his or her entitlement may be affected by section 60FC(1)
5: The third situation is that the person is engaged full-time in an employment-related training programme approved by the Director-General for the purposes of this section.
6: The fourth situation is that, through sickness or accident, the person—
a: Is incapacitated for work temporarily; or
b: Will be incapacitated for work for an indefinite period.
60FA: Independent youth benefits: unmarried persons
1: An unmarried person is entitled to an independent youth benefit if—
a: Section 60F(2)
b: He or she is in the following situation, established to the satisfaction of the Director-General:
i: He or she is not living with his or her parents; and
ii: He or she is not being financially supported by his or her parents or any other person; and
iii: He or she cannot reasonably be expected to be financially dependent on his or her parents or any other person for a reason described in subsection (2)
2: The reasons are—
a: Because there has been a breakdown in the person's relationship with his or her parents; or
b: Because the person's parents are absent and are unable to support the person financially; or
c: Any other good and sufficient reason.
3: In this section, parents
a: Means the parents or guardian or other person who had the care of the person most recently before the person turned 16 years; but
b: Does not include the Director-General acting in his or her official capacity.
60FB: Independent youth benefits: married persons
A married person is entitled to an independent youth benefit if section 60F(2)
60FC: Independent youth benefits: persons enrolled in full-time course of secondary instruction
1: A person enrolled in a full-time course of secondary instruction is not entitled to an independent youth benefit if—
a: He or she has moved from his or her parents' home in order to better his or her educational prospects; and
b: There is no breakdown in his or her relationship with his or her parents.
2: A person—
a: Entitled to receive an independent youth benefit; and
b: Enrolled in a full-time course of secondary instruction during the year in which he or she turns 18 years— continues to be entitled to receive the benefit until 31 December of the year in which he or she turns 18 years.
3: In this section, parents
a: Means the parents or guardian or other person who had the care of the person most recently before he or she turned 16 years; but
b: Does not include the Director-General acting in his or her official capacity.
60FD: Independent youth benefits: persons incapacitated for work through sickness or accident
Section 56
a: An application for an independent youth benefit on the ground described in section 60F(6)
b: A person in receipt of the benefit on that ground,— as if its references to sickness benefit independent youth benefit
2: The entitlement to an independent youth benefit of a person who was receiving the benefit immediately before 1 January 1998 is determined by the law in force immediately before 1 January 1998.
3: The following enactments are repealed:
a: Section 8 Social Security Amendment Act (No 3) 1993
b: Section 15 of the Social Security Amendment Act 1996
c: Section 8 Social Security Amendment Act (No 3) 1997
4: This section comes into force on 1 January 1998.
14: Accommodation supplement
1:
a: This paragraph amended s 61EA(4)﻿(d)
b: This paragraph inserted s 61EA(4)﻿(e)
2: This section is deemed to have come into force on 1 July 1995.
15: Special benefit
1: This section inserted s 61G(2)
2: This section is deemed to have come into force on 1 July 1995.
16: Conjugal status for benefit purposes
This section amended s 63
17: Special provisions applying to insurance payments
1: This subsection amended s 68A(3)
2: This subsection substituted s 68A(8)
18: Disability allowance
1: This subsection amended s 69C(1)﻿(c)
2: This subsection substituted s 69C(2) s 69C(2A) (2B)
3: This subsection inserted s 69C(6) to (8)
4: Section 7(1) Social Security Amendment Act 1994
5: This section is deemed to have come into force on 1 July 1995.
19: Financial means assessments for home-based disability support services
This section inserted s 69FA
20: Commencement and payment of benefits
1: This subsection substituted s 80BA(4)
2: Subsection (1)
3: The Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 Schedule 2 paragraph (b) section 80(8)
21: Payment of benefits
1: This subsection amended s 82(1)
2: This subsection amended s 82(6)
22: Recovery of payments made in excess of authorised rates
1: This subsection amended s 86(1C)
2: This subsection inserted s 86(1D)
23: Deduction notices for debts
1: This subsection amended s 86A(1)
2: This subsection inserted s 86A(1A) to (1C)
3: Section 86A(1A) subsection (2) the Limitation Act 1950
24: Money payable out of Crown Bank Account
1: This subsection substituted s 124(1)﻿(d)
2: This subsection inserted s 124(1B)
3: The following enactments are consequentially repealed:
a: Section 18(2) Department of Social Welfare Act 1971
b: Section 24 Social Security Amendment Act 1975
c: Section 34(1) of the Social Security Amendment Act 1976
4: It is declared that the Minister of Social Welfare or, as the case may require, the Minister of Social Security has always had the power under section 124(1)﻿(d)
25: Certain grounds of discrimination in Human Rights Act 1993 not to apply
This section inserted s 126B
26: Offences
This section amended s 127(e)
27: Regulations exempting income and assets from assessment of financial means of people requiring certain disability services
This section inserted s 132D
28: Schedule 18 amended
1: This subsection repealed Part 4
2: This section is deemed to have come into force on 1 July 1995.
29: New Schedule 30 added
This section inserted Schedule 30
30: Consequential amendments
1: The Schedule Social Security Amendment Act (No 3) 1997
a: Omitting, from the item relating to section 69C(1)﻿(a) section 60F(1)﻿(c)﻿(i) section 60F(6)
b: Omitting, from the item relating to section 71A section 60F(1)﻿(c)﻿(i) section 60F(6)
c: Omitting, from the item relating to section 72(b) section 60F(1)﻿(c)﻿(i) section 60F(6)
2: This section comes into force on 1 January 1998.