Social Security Amendment Act 2007

1: Title
This Act is the Social Security Amendment Act 2007.
2: Commencement
1: Part 1 1 to 3
2: Sections 12 13 2 3
3: Part 2 4 5
4: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Social Security Act 1964
1: Provisions coming into force on 28 May or 2 July 2007
Substantive amendments
4: Interpretation
1: Section 3(1) employment required to satisfy the work test activity in the community employment required to satisfy the work test section 102(4) .
2: The following subsection is added to section 3
6: The definition of income subsection (1) section 132H
5: Widows' benefits
Section 21 subsections (3) to (6)
6: For the purposes of this section, the chief executive may, in the chief executive's discretion, regard a dependent child as being a child of an applicant, and the applicant as being the mother of the child, if—
a: the child—
i: is being maintained by the applicant; and
ii: was at any time maintained by the applicant's husband; or
b: section 28(a) or 29(b)
c: the child's parents are unwilling to support the child because of circumstances the chief executive considers exceptional.
6: Interpretation
Section 27A subsections (1) to (3)
3: For the purposes of sections 27B to 27D and Schedule 16
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: section 28(a) or 29(b)
c: the child's parents are unwilling to support the child because of circumstances the chief executive considers exceptional.
7: Domestic purposes benefits for care at home of the sick or infirm
Section 27G subsection (2)
2: Subject to the provisions of this Act, an applicant who has attained the age of 16 years and meets the residential requirements in section 74AA
a: hospital care, rest home care, or residential disability care, within the meaning of the Health and Disability Services (Safety) Act 2001
b: care of the kind referred to in section 141 of the Children, Young Persons, and Their Families Act 1989
c: care of a kind equivalent to any of those kinds of care.
2A: An applicant aged 16 or 17 years must not be granted a domestic purposes benefit under this section unless the chief executive is satisfied, having regard to the circumstances of the applicant, the person he or she is giving care and attention to, and their families, that no other caregiver is reasonably available to care for the other person.
8: Independent youth benefits: single persons
Section 60FA(2) paragraph (b)
ba: because the person has ceased to be subject to—
i: an agreement made under section 140 of the Children, Young Persons, and Their Families Act 1989
ii: an order under section 78, 101, or 283(n) of that Act
iii: a sole guardianship order under section 110 of that Act .
9: Limitation in certain other cases
Section 74 subsection (1)
1A: Subsection (1)﻿(d) section 132I
10: New section 74AA inserted
1: The following section is inserted after section 74
74AA: Residential requirements for certain benefits
1: A person who applies for a benefit of a kind stated in subsection (2)
a: is a New Zealand citizen, or is a person who—
i: holds or is deemed to hold a residence permit under the Immigration Act 1987
ii: is exempt from holding a residence permit under section 12 of that Act
b: is ordinarily resident in New Zealand when he or she first applies for the benefit; and
c: except in the case of a person who has refugee status under the Immigration Act 1987 paragraph (a)
2: The benefits referred to in subsection (1)
2: The principal Act is consequentially amended in the manner set out in Schedule 1
11: Commencement of benefits
1: Section 80 subsection (2)
2: A benefit is subject to a stand down, and commences on a date calculated in accordance with section 80BA
a: the benefit is a work-tested benefit (other than an independent youth benefit granted to a person undertaking employment-related training) and the applicant is not subject to a non-entitlement period; or
b: the benefit is a widow's benefit, a domestic purposes benefit, a sickness benefit, or an invalid's benefit.
2: Section 80(3) unless subsection (11)
3: Section 80(5)﻿(b) , an independent youth benefit, an invalid's benefit, a sickness benefit, or an unemployment benefit purposes benefit
4: Subsections (9) (11) (12)
12: New section 80AA inserted
1: The following section is inserted after section 80
80AA: Minister may allow back-dating of benefit where earlier failure to grant it based on error
1: With the consent of the Minister (given in relation to a particular applicant or applicants of a stated kind or description) a benefit (or a benefit of a stated kind) may commence at a time earlier than the time an application for it was made.
2: The Minister must not give consent unless satisfied that—
a: in the case of a particular applicant, the particular applicant—
i: could not reasonably have been expected to apply at the earlier time because of some erroneous action or inaction on the part of the department; or
ii: at or before the earlier time, tried to apply or applied incompletely, and did not proceed because of some erroneous action or inaction on the part of the department; or
b: in the case of applicants of a stated kind or description,—
i: applicants of that kind or description could not reasonably have been expected to apply at earlier times because of some erroneous action or inaction on the part of the department in relation to applicants of that kind or description; or
ii: at earlier times, some applicants of that kind or description tried to apply or applied incompletely, and did not proceed because of some erroneous action or inaction on the part of the department.
3: For the purposes of subsection (2)
a: giving wrong advice:
b: erroneously failing or refusing to provide information, help, or some document or form.
4: Consent given under subsection (1)
5: Subsection (1)
6: If the Minister delegates to the chief executive the exercise of the power to consent conferred by subsection (1) section 12J
2: The enactments specified in Schedule 2
13: Payment of benefits
1: The following subsection is inserted after section 82(2)
2A: The following benefits are paid in respect of a 7-day week: a domestic purposes benefit, an independent youth benefit, an invalid's benefit, a sickness benefit, an emergency benefit, an unemployment benefit, and a widow's benefit.
2: The principal Act is amended in the manner set out in Schedule 3
14: Interpretation
1: Section 88A
a: repealing the definition of activity in the community
b: omitting an activity in the community or recognised community activity
2: Section 123C(1)
a: omitting or an activity in the community paragraph (a)
b: inserting or activity in the community activity paragraph (b)
15: New sections 132H and 132I inserted
The following sections are inserted after section 132G
132H: Rules providing for determination of incomes of certain people by chief executive
1: The Governor-General may, by Order in Council, make rules—
a: prescribing how the chief executive is to assess and determine for the purposes of this Act the income of any or all of the following:
i: self-employed people:
ii: people carrying on business in a partnership:
iii: people trading as a small business:
iv: directors of a company:
v: people carrying on business or trade through a company of which they are—
A: a director and a shareholder; or
B: an employee and a shareholder; or
C: a director, a shareholder, and an employee:
vi: people otherwise engaged in business or trade; and
b: prescribing the circumstances in which those rules apply.
2: Rules under subsection (1)
a: the kinds of deduction from income allowed under the Income Tax Act 2004
i: the circumstances in which the deductions are to be disregarded; and
ii: whether the deductions are to be disregarded wholly or in part only:
b: how income is to be calculated where business accounts are presented in cash or accrual form:
c: livestock valuation methods, and their treatment, in calculating income:
d: the extent (if any) to which, and circumstances in which, any or all of the following are to be treated as a person's income:
i: the person's drawings from a business or trade:
ii: goods or services supplied to the person by a business or trade:
iii: distributions to the person from a business or trade:
iv: income from a business or trade by the person:
e: how it is to be determined whether a person has used assets of a business or trade for no consideration or inadequate consideration:
f: how a person's income is to be determined where he or she has used assets of a business or trade for no consideration or inadequate consideration:
g: the extent (if any) to which depreciation or other provision for replacement of capital assets is to be—
i: allowed as a deduction from income; or
ii: disregarded in calculating income:
h: the extent (if any) to which, and circumstances in which, either or both of the following are to be treated as income:
i: distributions from a company:
ii: retained profits of a company:
i: the treatment of loss attributing qualifying companies (within the meaning of the Income Tax Act 2004
3: Subsection (2)﻿(d)
4: Subsection (3) subsection (1)
5: This section does not limit or affect the generality of section 132
132I: Rules relating to determination by chief executive of deprivation of property or income
1: The Governor-General may, by Order in Council, for the purposes of section 74(1)﻿(d)
a: relating to the deprivation of property, income, or both; and
b: prescribing the circumstances in which the rules apply.
2: This section does not limit or affect the generality of section 132
16: Schedule 28 amended
1: Item 1 of Schedule 28
a: repealing paragraphs (b) to (i); and
b: omitting from paragraph (j) 10 2
2: Item 2 of Schedule 28
a: repealing paragraphs (b) to (i); and
b: omitting from paragraph (j) 10 2 Transitional
17: Widows' benefits
If, immediately before the commencement of section 5
18: Domestic purposes benefits
1: If, immediately before the commencement of section 6
2: If, immediately before the commencement of section 7
19: Stand down periods
1: This subsection applies to a benefit if—
a: it was granted before 28 May 2007; and
b: by virtue of section 80BA subsection (2)
2: A benefit to which subsection (1)
a: 28 May 2007:
b: the day on which it would have commenced if sections 11(3) 16
20: Transitional arrangements for financially disadvantaged people
1: The Governor-General may, by Order in Council, make regulations authorising the provision of financial assistance to any people who are financially disadvantaged as a result of the net effects of the amendments made by this Act.
2: The regulations must state the day on and after which they have effect (which may be earlier than the day on which they were made).
3: The chief executive may provide financial assistance of the kind prescribed by the regulations to a person disadvantaged as a result of the net effects of the amendments made by this Act—
a: in the amount, for the period, and in accordance with the criteria, prescribed by the regulations; and
b: in accordance with any other requirements imposed by the regulations.
4: After it has initially been granted, financial assistance provided under the regulations must for the purposes of the principal Act be treated as a benefit; and the principal Act applies accordingly.
5: A decision or determination made by the chief executive under the regulations is a decision or determination for the purposes of section 12J(1) Validation
21: Commencement of benefits
The validity of the making of a payment of an independent youth benefit before the commencement of section 11 subsection (1)
2: Provisions coming into force on 24 September 2007
22: Interpretation
1: Section 3(1) application part-time work-tested beneficiary suitable employment application date of first contact part-time work-tested beneficiary
a: who is a work-tested spouse or partner; and
b: whose youngest dependent child is aged 6 years or older, but under 18 years suitable employment section 60GAB . 2007-09-24 Section 3(1) application Section 3(1) date of first contact Section 3(1) part-time work-tested beneficiary Section 3(1) suitable employment
2: Section 3(1)
a: paragraph (e) work-tested beneficiary 2007-09-24 Section 3(1) work-tested beneficiary
b: paragraph (d) work-tested benefit 2007-09-24 Section 3(1) work-tested benefit
23: New sections 1A and 1B inserted
The following sections are inserted after section 1
1A: Purpose
The purpose of this Act is—
a: to enable the provision of financial and other support as appropriate—
i: to help people to support themselves and their dependants while not in paid employment; and
ii: to help people to find or retain paid employment; and
iii: to help people for whom work may not currently be appropriate because of sickness, injury, disability, or caring responsibilities, to support themselves and their dependants:
b: to enable in certain circumstances the provision of financial support to people to help alleviate hardship:
c: to ensure that the financial support referred to in paragraphs (a) and (b)
i: that where appropriate they should use the resources available to them before seeking financial support under this Act; and
ii: any financial support that they are eligible for or already receive, otherwise than under this Act, from publicly funded sources:
d: to impose administrative and, where appropriate, work-related requirements on people seeking or receiving financial support under this Act.
1B: Principles
Every person exercising or performing a function, duty or power under this Act must have regard to the following general principles:
a: work in paid employment offers the best opportunity for people to achieve social and economic well-being:
b: the priority for people of working age should be to find and retain work:
c: people for whom work may not currently be an appropriate outcome should be assisted to plan for work in the future and develop employment-focused skills:
d: people for whom work is not appropriate should be supported in accordance with this Act. 2007-09-24 Section 1A Section 1B
24: New section 11D inserted
The following section is inserted after section 11C
11D: Application process for benefits
1: A benefit must not be granted to an applicant unless the requirement stated in subsection (2)
2: The requirement referred to in subsection (1)
a: an application form (provided by the chief executive for the purpose) completed by or on behalf of the applicant and his or her spouse or partner (if any) to the chief executive's satisfaction; and
b: any supporting evidence (for example, a medical certificate) reasonably required by the chief executive.
3: The form referred to in subsection (2)﻿(a)
4: The receipt by the department of a completed application form relating to a benefit of one kind is sufficient compliance with subsection (2)﻿(a)
5: The chief executive—
a: may waive all or part of a requirement to provide information under this section if satisfied that the department—
i: already holds the information concerned; or
ii: already holds enough other information to determine the matter for which the information concerned is needed; and
b: may waive the requirement to complete an application form if satisfied that the department already holds a form relating to an application that has lapsed under subsection (8)
6: Subsection (1) subsection (5) section 81(3)
7: If the requirement stated in subsection (2) sections 80 and 80BA
8: An application for a benefit lapses at the close of the period of 20 working days after the date of first contact (as from time to time extended under subsection (10) subsection (2)
9: Subsection (8) section 19 of the Social Welfare (Transitional Provisions) Act 1990
10: Before or after the expiration of the period referred to in subsection (8) subsection (2)
11: The combined effect of subsections (1) and (8)
12: This section is subject to section 96A 2007-09-24 Section 11D
25: Investigation of claims and grant of benefits
Section 12 subsection (1)
1AA: If he or she thinks an investigation into an application for a benefit of kind A is unlikely to be completed quickly (for example, because of the need to obtain further medical evidence), the chief executive may grant the applicant a benefit of kind B to which the applicant is entitled, on the basis that a benefit of kind A will be granted retroactively if it becomes apparent that the applicant is entitled to a benefit of kind A; and in that case, if (when the investigation has been completed) it becomes apparent that the applicant is in fact entitled to a benefit of kind A, the chief executive may—
a: grant the applicant a benefit of kind A commencing on the date on which it would have commenced if the investigation had been completed before the benefit of kind B was granted; and
b: terminate the benefit of kind B on that date. 2007-09-24 Section 12(1AA)
26: Obligations on spouse or partner of invalid's beneficiary
Section 42A(2)
2: A person to whom this section applies—
a: must comply with—
i: a requirement under section 60Q
ii: any other obligation arising under any of sections 60Q to 60S
b: if he or she is a work-tested spouse or partner, must comply with the work test. 2007-09-24 Section 42A(2)
27: New section 54E substituted
Section 54E
54E: Obligations of spouse or partner of sickness beneficiary
From the time that payment of the sickness benefit commences, the spouse or partner of a person granted a sickness benefit at a work-test married rate—
a: must comply with—
i: a requirement under section 60Q
ii: any other obligation arising under any of sections 60Q to 60S
b: if he or she is a work-tested spouse or partner, must comply with the work test. 2007-09-24 Section 54E
28: New sections 60GAB and 60GAC inserted
1: The following sections are inserted after section 60GAA
60GAB: Independent youth benefits: obligations
1: A person granted an independent youth benefit is subject to the obligations set out in subsection (2) or (3)
2: Unless subsection (3)
a: when required by the chief executive, to participate, for at least 30 hours a week and not more than 40 hours a week, in any approved activities the person has previously agreed in writing to undertake; or
b: to be available for, and take reasonable steps to obtain, full-time employment, to the satisfaction of the chief executive.
3: The obligations of a person granted an independent youth benefit on the grounds stated in section 60F(6)
4: A failure without good and sufficient reason to comply with obligations under this section is subject to sanctions, as provided in section 115A
5: In this section— approved activity
a: attending and participating in education or employment-related training; or
b: taking reasonable steps to obtain suitable employment, including attending and participating in any interview for any opportunity of suitable employment to which the person is referred by the chief executive, and undertaking work-focused activities; or
c: attending and participating in an activity (other than activity in the community) intended to develop the person's capabilities for employment, including a social rehabilitation programme; or
d: attending and participating in skills training; or
e: a combination of any of the activities described in paragraphs (a) to (d) work-focused activity
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 an interview for an opportunity of suitable employment to which the person concerned is referred by the chief executive:
c: attending and participating in employment-related training approved by the chief executive for the purpose:
d: attending and participating in an interview with an officer of the department:
e: completing any self-assessment or planning required by the chief executive.
60GAC: Department to explain obligations to beneficiaries
The chief executive must take reasonable and appropriate steps to make every person granted an independent youth benefit aware, as soon as is practicable after the benefit is granted, of—
a: his or her obligations under section 60GAB
b: the consequences of failure to comply with the obligations and, in particular, the sanctions that may be imposed under section 115A 2007-09-24 Sections 60GAB and 60GAC
2: Section 60F(3)﻿(c) 2007-09-24 Section 60F(3)﻿(c)
3: Sections 77(2) (3) an independent youth benefit, or invalid's benefit, for a work-tested beneficiary or an invalid's benefit, for a work-tested beneficiary, or an independent youth benefit 2007-09-24 Section 77(2) and (3)
29: Purpose of sections 60Q to 60Z
1: Section 60P(a) , and the spouses and partners (other than work-tested spouses or partners) of emergency, invalids', sickness, and unemployment beneficiaries, widows' beneficiaries 2007-09-24 Section 60P(a)
2: Section 60P paragraph (a)
ab: to facilitate the movement of invalids' beneficiaries and sickness beneficiaries into employment as their disability-related or medical conditions, and circumstances, allow: . 2007-09-24 Section 60P(ab)
30: Personal development and employment plans
1: Section 60Q(1) paragraphs (a) to (c)
a: to attend and participate in one or more interviews with the chief executive for any or all of the following purposes:
i: identifying the matters referred to in subsection (2)
ii: carrying out any of the activities referred to in any of paragraphs (ab) to (d)
iii: any other purpose related to either of those purposes:
ab: to undertake planning for personal development and employment:
b: to develop, in co-operation with and with the assistance of the chief executive, a personal development and employment plan for the person based on the matters referred to in subsection (2)
c: to co-operate with the chief executive in the conduct of any review of the person's personal development and employment plan under section 60S
ca: to undertake a work-related activity or programme included in the person's personal development and employment plan:
cb: to undertake any activity or any rehabilitation (other than an activity or rehabilitation involving participation in work, voluntary work, activity in the community, or unpaid work experience, or medical treatment) the chief executive considers suitable for the beneficiary to improve the beneficiary's work-readiness or prospects for employment: . 2007-09-24 Section 60Q(1)﻿(a), (ab), (b), (c), (ca) and (cb)
2: The following subsections are inserted in section 60Q subsection (3)
3A: A person—
a: cannot be required to include in his or her personal development and employment plan provisions relating to his or her undertaking activity in the community; and
b: cannot be required under subsection (1)
3B: Subsection (3A)﻿(a) 2007-09-24 Section 60Q(3A) and (3B)
3: Section 60Q(6)
6: This section applies to every person (other than a person for the time being exempted under subsection (7)
a: is the recipient of—
i: a benefit under section 21
ii: a benefit under section 27B
iii: a benefit under section 27C
iv: a benefit under section 40
v: a benefit under section 54
b: is the spouse or partner of a person who—
i: is the recipient of an emergency benefit, an invalid's benefit, a sickness benefit, or an unemployment benefit; and
ii: has a dependent child aged under 6.
7: The chief executive may, on the grounds of severe disability or sickness, exempt a person receiving an invalid's benefit from the application of this section. 2007-09-24 Section 60Q(6) and (7)
4: The principal Act is consequentially amended in the manner set out in Schedule 4 2007-09-24 Section 40(6) Section 45 Section 53A(1)﻿(da) Section 54(7) Section 60R(3) and (4)
31: Beneficiary must demonstrate commitment to personal development and employment plan at annual review
1: The heading to section 60S annual 2007-09-24 Section 60S heading
2: Section 60S subsections (2) (3)
2: The chief executive may, at any reasonable time after the beneficiary's current personal development and employment plan was signed or last reviewed, review it with the beneficiary. 2007-09-24 Section 60S(2) and (3)
3: Section 60S(4) the annual any 2007-09-24 Section 60S(4)
4: Section 60S subsection (5)
5A: When considering whether a beneficiary has demonstrated commitment to the goals in their plan, the chief executive must not have any regard to whether the beneficiary has failed or refused to undertake activity in the community . 2007-09-24 Section 60S(5A)
5: Section 60S(6) 2007-09-24 Section 60S(6)
32: Failure to comply with personal development and employment plan obligations
1: Section 60U(1) paragraph (a)
ab: failed to comply with a request under section 60HA . 2007-09-24 Section 60U(1)﻿(ab)
2: The following provisions are consequentially repealed:
a: paragraph (c) of the definition in section 3(1) non-entitlement period 2007-09-24 Section 3(1) non-entitlement period
b: section 116 2007-09-24 Section 116
33: Sanctions for failure to comply with obligations in relation to personal development and employment plan
Section 60Y subsection (1)
1A: A reduction under subsection (1)
a: in the case of an emergency benefit, an invalid's benefit, a sickness benefit, or an unemployment benefit, that is payable at the rate for a person who is married or in a civil union or de facto relationship, applies to only half the benefit (but the beneficiary's spouse or partner is, subject to the appropriate Income Test applied at half its abatement rate, entitled to receive the other half of the benefit); and
b: in any other case, applies to the whole of the benefit payable to the beneficiary. 2007-09-24 Section 60Y(1A)
34: Obligations of spouse or partner of person granted emergency benefit
Section 61A(2)
2: A person to whom this section applies—
a: must comply with—
i: a requirement under section 60Q
ii: any other obligation arising under any of sections 60Q to 60S
b: if he or she is a work-tested spouse or partner, must comply with the work test. 2007-09-24 Section 61A(2)
35: Effect of absence of beneficiary from New Zealand
Section 77(4) paragraph (b)
b: the person is in receipt of an invalid's benefit granted on the grounds of his or her sickness, injury, disability, or total blindness, and is absent from New Zealand in order to receive vocational training or disability assistance-dog training; and the chief executive is satisfied that—
i: the training is an activity, or is linked to a goal, included in the person's personal development and employment plan; and
ii: the person could not obtain the training in New Zealand during the period or periods of absence. 2007-09-24 Section 77(4)﻿(b)
36: Commencement of benefits
Section 80(2)﻿(a)
a: inserting or an independent youth benefit work-tested benefit
b: inserting or who is enrolled in a course of secondary instruction training 2007-09-24 Section 80(2)﻿(a)
37: Ending of benefits
Section 80BD subsection (6)
6: A benefit or a rate of benefit payable to a sole parent ends 8 weeks after the beneficiary stops caring for the dependent child concerned if the beneficiary stops caring for the child because of a sudden change of circumstances beyond the beneficiary's control.
6A: A domestic purposes benefit under section 27G 2007-09-24 Section 80BD(6) and (6A)
38: New sections 96A and 96B inserted
The following sections are inserted before section 97
96A: Unemployment benefit: pre-benefit activities
1: This section applies to a person who contacts the department requesting financial assistance on or after the commencement of this section.
2: If the chief executive considers that the appropriate financial assistance for the person would be an unemployment benefit, the chief executive may (for the purpose stated in section 1A(a)﻿(ii)
a: undertake one or more stated pre-benefit activities:
b: at any time before an unemployment benefit commences, attend and participate in any interview for an opportunity of suitable employment to which the person is referred by the chief executive:
c: at any time before an unemployment benefit commences, accept any offer of suitable employment (whether or not the offer results from an interview of the kind described in paragraph (b)
3: A requirement under subsection (2)
4: A pre-benefit activity stated under subsection (2)﻿(a)
5: The chief executive is not required to investigate the person's claim for an unemployment benefit under section 12
6: Subsection (5)
7: If the person fails to undertake any required pre-benefit activities within 20 working days after the date of first contact, any application for an unemployment benefit the person has made lapses.
8: Subsection (7) section 11D(5)
9: This subsection applies to a person if the chief executive considers that he or she has, without a good and sufficient reason, failed to comply with a requirement under paragraph (b) or (c) of subsection (2)
10: If subsection (9)
a: refuse to grant the person an unemployment benefit; or
b: terminate any grant of unemployment benefit already made to the person.
11: This subsection applies to a person if—
a: his or her application for an unemployment benefit has lapsed under subsection (7)
b: he or she has been refused an unemployment benefit under subsection (10)﻿(a)
c: his or her grant of unemployment benefit has been terminated under subsection (10)﻿(b)
12: A person to whom subsection (11)
13: In this section, pre-benefit activity
a: means any of the following:
i: 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:
ii: attending and participating in employment related training approved by the chief executive for the purpose:
iii: attending and participating in any interview with an officer of the department:
iv: completing any self-assessment or planning required by the chief executive:
v: any other activity specified in regulations under section 132J
b: does not include activity in the community.
96B: Department must explain obligations in relation to pre-benefit activities
The chief executive must take reasonable and appropriate steps to make every person on whom requirements are placed under section 96A(2)
a: the person's obligations in relation to the requirements; and
b: the consequences of failure to comply with the requirements. 2007-09-24 Sections 96A and 96B
39: Unemployment benefit: obligations on beneficiaries
Section 97(2)
2: From the time that payment of an unemployment benefit commences, the spouse or partner of a person granted an unemployment benefit at a work-tested married rate—
a: must comply with—
i: a requirement under section 60Q
ii: any other obligation arising under any of sections 60Q to 60S
b: if he or she is a work-tested spouse or partner, must comply with the work test. 2007-09-24 Section 97(2)
40: Application and obligations of the work test
1: Section 102(2) paragraphs (e) to (g)
da: to undertake planning for employment:
e: if required by the chief executive, to co-operate to the satisfaction of the chief executive in developing a job-seeker agreement and then to sign it; and
f: if required to by the chief executive, to include in the beneficiary's job-seeker agreement a job-seeker development activity that the chief executive considers is suitable for the beneficiary; and
g: once the person has signed a job-seeker agreement,—
i: to undertake the job-search activities set out in the agreement; and
ii: to undertake and complete any job-seeker development activity or recognised community activity described in the agreement (subject to the chief executive's taking reasonable steps to arrange for the person to undertake the activity); and
iii: to undertake and complete any other activities set out in the agreement; and
h: in the case of a beneficiary to whom subsection (2B) 2007-09-24 Section 102(2)﻿(da), (e), (f), (g) and (h)
2: The following subsections are inserted after section 102(2)
2A: A person—
a: cannot be required to include in his or her job seeker agreement provisions relating to his or her undertaking activity in the community; and
b: cannot be required under subsection (1)
2B: Subsection (2)﻿(h)
2C: This subsection applies to a work-tested beneficiary who—
a: has not been required to co-operate in developing a job-seeker agreement in accordance with subsection (2)﻿(e)
b: has not signed, or has failed or refused to co-operate in developing or signing, a job-seeker agreement in accordance with subsection (2)﻿(e) 2007-09-24 Section 102(2A), (2B) and (2C)
3: Section 102(3) or activity in the community activity 2007-09-24 Section 102(3)
4: Section 102(6)
6: A work test obligation set out in subsection (2)
a: the day is a day between Monday and Friday (inclusive); or
b: regulations under this Act provide (in relation to the obligation, obligations that include it, or all obligations) that it applies on that day of the week. 2007-09-24 Section 102(6)
41: Description of job-seeker agreement and responsibilities arising from it
Section 105A(1) and plan for obtaining employment statutory agreement 2007-09-24 Section 105A(1)
42: New section 115A inserted
1: The following section is inserted after section 115
115A: Failure to comply with obligations under section 60GAB
The sanctions stated in section 117 section 60GAB 2007-09-24 Section 115A
2: Section 117(1) 116 115A 2007-09-24 Section 117(1)
3: Section 119(2)
a: omitting 116 115A
b: inserting or other obligation imposed by this Act obligation 2007-09-24 Section 119(2)
4: Section 119(4) work test the appropriate work test obligation or other obligation imposed by this Act 2007-09-24 Section 119(4)
5: Section 122 116 115A 2007-09-24 Section 122
6: The principal Act is amended in the manner set out in Schedule 5 2007-09-24 Section 3(1) non-entitlement period Section 99(4)﻿(ab) Section 122(b) Section 123(1)﻿(b)﻿(ia) and heading Section 123B(5)﻿(a) Section 123C(1)
43: New section 120 substituted
Section 120
120: Modified effect in some cases of sanctions on rate of benefit for people married or in civil union or de facto relationship
1: If the suspension or cancellation under section 117
a: it applies to only half the applicable rate of the benefit before any abatement on account of income; and
b: the other spouse or partner is entitled to receive half of that rate (and the appropriate Income Test applies to that rate, but at half the abatement rate in that test).
2: If the suspension or cancellation under section 117
a: the suspension or cancellation applies to only half the applicable rate of the benefit before any abatement on account of income; and
b: the spouses or partners are entitled to receive half that rate (and the appropriate Income Test applies to that rate).
3: Section (2)﻿(b) section 83 2007-09-24 Section 120
44: New section 132J inserted
The following section is inserted before section 133
132J: Regulations stating pre-benefit activities
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations stating pre-benefit activities for the purposes of section 96A
2: The Minister must not recommend the making of regulations under subsection (1)
a: increase the awareness of the people undertaking it of opportunities for employment; or
b: strengthen incentives for the people undertaking it to move into employment; or
c: facilitate the movement of the people undertaking it into employment.
3: This section does not limit section 132 2007-09-24 Section 132J