Child Support (Pass On) Acts Amendment Act 2023

1: Title
This Act is the Child Support (Pass On) Acts Amendment Act 2023.
2: Commencement
This Act comes into force on 1 July 2023
1: Amendments to child support legislation
1: Amendments to Child Support Act 1991
Principal Act
3: Principal Act
This Part amends the Child Support Act 1991 2023-07-01 Child Support Act 1991 Definitions
4: Section 2 amended (Interpretation)
1: In section 2(1) COVID-19 New Zealanders Stranded Overseas Support Programme
2: In section 2(1) social security benefit social security benefit
3: In section 2(1) UCB beneficiary unsupported child’s benefit Liability to pay child support under formula assessment
5: Section 9 replaced
Replace section 9
9: UCB beneficiaries must apply for formula assessment
Person to whom section applies
1: This section applies to a person who is a carer of a qualifying child (other than a child to whom section 8(2) applies) and—
a: is a UCB beneficiary; and
b: provides, or considers that the person provides, at least 35% of ongoing daily care to the child; and
c: is not already a receiving carer in respect of the child (but see subsection (4) Person must apply for formula assessment
2: A person to whom this section applies must apply for a formula assessment of child support in relation to every parent of the child unless subsection (5) When UCB beneficiary must make application for formula assessment
3: A UCB beneficiary who is required under subsection (2)
a: at the same time as an application for unsupported child’s benefit is made:
b: at a time other than when an application for unsupported child’s benefit is made, when notified by the Commissioner that an application for a formula assessment is required in relation to the qualifying child. If UCB beneficiary receives child support pursuant to order under Part 4 that relates to overseas order
4: If a person who is or becomes a UCB beneficiary receives child support pursuant to an order under Part 4 that relates to an overseas order (as referred to in section 67(b)),—
a: the person is deemed not to be a receiving carer for the purpose of this section; and
b: the person is deemed to have made, on the date on which the person becomes a UCB beneficiary, an election under section 70 that the order be one to which Part 4 does not apply; and
c: if the person ceases to be a UCB beneficiary, or ceases to provide at least 35% of ongoing daily care to the child,—
i: any formula assessment applying at that time ceases to apply; and
ii: the election under section 70 is deemed to be revoked (despite section 70(4)) on the following day. When UCB beneficiary not required to apply for formula assessment
5: A UCB beneficiary is not required to apply for a formula assessment in relation to a parent of the child if either the Commissioner or the chief executive of the department for the time being responsible for the administration of the Social Security Act 2018 is satisfied that all or any of the following applies:
a: there is insufficient evidence available to establish who in law that parent is:
b: there would be a risk of violence to a specified person if the UCB beneficiary were to do 1 or both of the following:
i: make an application for a formula assessment of child support in relation to that parent:
ii: take steps to make an application for a formula assessment of child support in relation to that parent:
c: that parent died before the application for unsupported child’s benefit was made:
d: the child was conceived as a result of incest or sexual violation:
e: the UCB beneficiary cannot make an application for a formula assessment of child support in relation to that parent because of a compelling circumstance, other than a circumstance mentioned elsewhere in this subsection. Meanings in subsection (5)﻿(b)
6: In subsection (5)﻿(b) specified person
a: the UCB beneficiary:
b: the UCB beneficiary’s spouse or partner:
c: the UCB beneficiary’s children:
d: the qualifying child:
e: a parent of the qualifying child:
f: a sibling of the qualifying child violence
6: Section 12 amended (Deemed application by beneficiary)
1: In the heading to section 12 beneficiary UCB beneficiary
2: In section 12(1) social security beneficiary UCB beneficiary
3: In section 12(2) beneficiary UCB beneficiary
7: Section 27 amended (Election by receiving carer to end formula assessment)
1: Replace section 27(4)
4: However, the election does not qualify for acceptance if a recognised carer of child C is, or is expected to be, on the day referred to in section 25(5)﻿(a) or (b), a UCB beneficiary in respect of child C.
2: In section 27(9) social security beneficiary of the kind referred to in subsection (4)﻿(a) or (b) UCB beneficiary in respect of child C Amount of child support payable under formula assessment made by Commissioner
8: Section 35A amended (Living allowance)
In section 35A(2)﻿(b) special assistance under the COVID-19 New Zealanders Stranded Overseas Support Programme that corresponds to such a payment, or both, Voluntary agreements
9: Section 50 amended (Exception where payee is social security beneficiary)
1: In the heading to section 50 social security beneficiary UCB beneficiary
2: In section 50(b) a social security benefit an unsupported child’s benefit for the qualifying child Exemptions
10: Section 89B amended (Definitions for this Part)
In section 89B social security benefit Departure from formula assessment of child support initiated by Commissioner
11: Section 96Y amended (Election by receiving carer or by liable parent to become party or discontinue proceedings)
In section 96Y(2)﻿(a) and (b) social security beneficiary UCB beneficiary Jurisdiction of courts in relation to child support and domestic maintenance
12: Section 122 replaced (Social security beneficiary to be compellable witness against liable parent)
Replace section 122
122: UCB beneficiary is compellable witness against liable parent
1: This section applies, in a proceeding under this Act, to a person ( person A
a: a carer of a qualifying child; and
b: in receipt of an unsupported child’s benefit at any time during a period to which the proceeding relates.
2: Person A is a compellable witness—
a: for the Commissioner against a person who, in relation to person A, is a liable parent; and
b: for a liable parent against the Commissioner.
3: This section applies despite any rule of law to the contrary. Collection of financial support
13: Section 131 amended (Social security beneficiaries to pay financial support by automatic deduction)
1: In section 131 benefit under the Social Security Act 2018, or Part 6 of the Veterans’ Support Act 2014, or the New Zealand Superannuation and Retirement Income Act 2001 social security benefit
2: In section 131(b) benefit to which the person is or may become entitled under that Act social security benefit to which the person is or may become entitled Payment of financial support
14: Sections 141 to 143 replaced
Replace sections 141 to 143
141: Payment to receiving carers who are not UCB beneficiaries
1: This section applies to money received by the Commissioner if—
a: the money is by way of child support in respect of a qualifying child; and
b: the receiving carer of that child is not a UCB beneficiary for that child.
2: The money must be paid to the receiving carer in accordance with this Part.
142: Payment of formula assessment child support to receiving carers who are UCB beneficiaries
When section applies
1: This section applies only if—
a: a person is the receiving carer of 1 or more children (the child support child or children
b: the person is also a UCB beneficiary in respect of 1 or more children (the UCB child or children
c: the child support child or children is or are either the same as, or different from, the UCB child or children; and
d: the Commissioner receives money by way of child support in respect of the UCB child or children; and
e: that money is paid by a liable parent or parents under 1 or more formula assessments; and
f: the Commissioner does not receive money in respect of the UCB child or children from any person under a voluntary agreement. Duty in respect of each child for whom an unsupported child’s benefit is payable
2: If this section applies, the Commissioner must, in respect of each child for whom an unsupported child’s benefit is payable,—
a: pay to the receiving carer the amount of child support paid by a liable parent that is payable to the receiving carer by that liable parent in respect of the child for periods when the receiving carer is not a recipient of an unsupported child’s benefit in respect of the child; and
b: aggregate all remaining payments of child support payable to the receiving carer in respect of each such child; and
c: deduct an amount equal to whichever is the lesser of the following amounts:
i: the net of tax amount of the unsupported child’s benefit; or
ii: the aggregate of all payments of child support received by the Commissioner that are payable to the receiving carer in respect of that child (except for any amount the Commissioner is required to pay under paragraph (a)
d: pay any remaining child support in respect of that child to the receiving carer. Interaction with section 137 (order in which payments to be applied by Commissioner)
3: This section does not limit the application of section 137 to the liable parent.
143: Payment of voluntary agreement child support to receiving carers who are UCB beneficiaries
When section applies
1: This section applies only if—
a: a person is the receiving carer of 1 or more children (the child support child or children
b: the person is also a UCB beneficiary in respect of 1 or more children (the UCB child or children
c: the child support child or children is or are either the same as, or different from, the UCB child or children; and
d: the Commissioner receives money by way of child support in respect of the UCB child or children; and
e: any of that money is paid by a liable parent or parents under 1 or more voluntary agreements. Duty in respect of each child for whom money is paid under a voluntary agreement
2: If this section applies, the Commissioner must, in respect of each child for whom money is paid under a voluntary agreement, pay to the receiving carer—
a: the amount of child support paid by a liable parent that is payable to the receiving carer by that liable parent in respect of the child for periods when the receiving carer is not a recipient of an unsupported child’s benefit in respect of the child; and
b: the amount by which the money paid under the voluntary agreement in respect of the child (except for any amount that the Commissioner is required to pay under paragraph (a) Duty in respect of each child for whom an unsupported child’s benefit is payable
3: If this section applies, the Commissioner must also, in respect of each child for whom an unsupported child’s benefit is payable,—
a: pay to the receiving carer the amount of child support paid by a liable parent that is payable to the receiving carer by that liable parent in respect of the child for periods when the receiving carer is not a recipient of an unsupported child’s benefit in respect of the child (except for any amount the Commissioner is required to pay under subsection (2)
b: aggregate all remaining payments of child support payable to the receiving carer in respect of each such child; and
c: deduct an amount equal to whichever is the lesser of the following amounts:
i: the net of tax amount of the unsupported child’s benefit; or
ii: the aggregate of all payments of child support received by the Commissioner that are payable to the receiving carer in respect of that child (except for any amount the Commissioner is required to pay under subsection (2) paragraph (a)
d: pay any remaining child support in respect of that child to the receiving carer. Interaction with section 137 (order in which payments to be applied by Commissioner)
4: This section does not limit the application of section 137 to the liable parent.
15: Section 152B amended (Offsetting child support payments)
In section 152B(2) social security beneficiary (as defined in section 2(1)) UCB beneficiary Enforcement provisions
16: Section 179A amended (Waiver of right to payment)
1: In section 179A(1) , or in receipt of any other social security benefit
2: In section 179A(5) , or begins to receive any other social security benefit
17: Section 180 amended (Payee may uplift financial support debt)
1: In section 180(2)﻿(a) social security beneficiary (as defined in section 2(1)) UCB beneficiary
2: In section 180(2)﻿(b) and (c) social security beneficiary (as so defined) UCB beneficiary
18: Section 180A amended (Commissioner may write off benefit component of child support debt if receiving carer was social security beneficiary and recovery would cause serious hardship or be inefficient use of Commissioner’s resources)
1: In the heading to section 180A social security beneficiary UCB beneficiary
2: In section 180A(1)﻿(a) social security beneficiary (as defined in section 2(1)) UCB beneficiary
3: In section 180A(2) social security benefit or Application, transitional, and savings provisions
19: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Part 1
b: make all necessary consequential amendments.
2: Amendments to Child Support Rules 1992
20: Principal rules
This subpart amends the Child Support Rules 1992 2023-07-01 Child Support Rules 1992
21: Rule 13 amended (Affidavit to accompany certain applications)
In rule 13(1) (except an application for an urgent maintenance order under section 116 of the Act)
22: Rule 19 revoked (Declaration of financial means)
Revoke rule 19
23: Schedule 1 amended
1: In Schedule 1, revoke forms CS 21 CS 22
2: In Schedule 1, form CS 37 rr 19(1), 38(2)﻿(a) r 38(2)﻿(a)
3: Amendments to Family Court Rules 2002
24: Principal rules
This subpart amends the Family Court Rules 2002 2023-07-01 Family Court Rules 2002
25: Rule 21 amended (Special rules relating to affidavits)
Revoke rule 21(c)
26: Rule 258 amended (Affidavits in support to be filed to make certain applications on notice)
In rule 258 (except an application for an urgent maintenance order under section 116 of the Act)
27: Rule 260 revoked (Affidavit of financial means and their sources to be filed to make application under section 116 of Act)
Revoke rule 260
28: Schedule 3 amended
1: In Schedule 3, revoke forms CS 21 CS 22
2: In Schedule 3, form CS 28 r 260 rr 139(3)﻿(c), 266(1)﻿(a)
2: Amendments to other legislation
1: Amendments to Social Security Act 2018
Principal Act
29: Principal Act
This subpart amends the Social Security Act 2018 2023-07-01 Social Security Act 2018 Obligations
30: Section 113 amended (Beneficiary must notify change of circumstances)
1: Before section 113(1) Obligation to notify without delay change of circumstances
2: Before section 113(2) Examples of change of circumstances
3: Before section 113(3) Meaning of change in beneficiary’s relationship status
4: After section 113(3) How subsection (1) is satisfied for information share child support payment
4: Subsection (1) is satisfied for a change in a beneficiary’s circumstances that is an information share child support payment made to a beneficiary if the payment is disclosed to MSD under a specified approved information sharing agreement.
5: In this section,— information share child support payment
a: has the meaning given to it in Schedule 2; and therefore
b: excludes a general provisions child support payment (as that term is defined in Schedule 2) specified approved information sharing agreement Exception if person does not notify without delay change that is review ground
6: However, subsection (4)
a: MSD has in some way notified the beneficiary of the income charging of the payment under Schedule 3 ( see subsection (7)
b: the beneficiary does not notify MSD without delay of a change in the beneficiary’s circumstances that relates to the payment and that is or may be all or any of the review grounds specified in section 304A(1)﻿(a) to (g) Examples of MSD notifying beneficiary of income charging of payment
7: For the purposes of subsection (6)﻿(a)
a: that information share child support payments are, or will be, charged as income of the beneficiary under Schedule 3; or
b: of a change in amounts or timing of information share child support payments; or
c: of a change in how information share child support payments are charged as income of the beneficiary under Schedule 3. Review grounds include any additional grounds prescribed by regulations
8: For the purposes of subsection (6)﻿(b) section 304A(1)﻿(a) to (g) section 418(1)﻿(ja) Administration
31: Section 296 amended (What this Part does)
After section 296(d)
da: the use of automated electronic systems to make decisions, exercise powers, comply with obligations, and take related actions:
32: Section 304 amended (Review of entitlement and rate payable)
1: Before section 304(1) Review under subpart
2: Before section 304(2) Subpart applies to special assistance
3: After section 304(1) Review under subpart of information share child support payments
1A: MSD may review under this subpart whether a person’s information share child support payment is or was all or any of their weekly income under Part 3A of Schedule 3 section 304A(1)﻿(a) to (g) Review grounds include any additional grounds prescribed by regulations
1B: For the purposes of subsection (1A) section 304A(1)﻿(a) to (g) subsection (1A) section 418(1)﻿(ja)
4: Before section 304(3) Review of, or appeal against, decision on review under subpart
33: New section 304A inserted (Grounds for review of whether person’s information share child support payment is or was their weekly income)
After section 304
304A: Grounds for review of whether person’s information share child support payment is or was their weekly income
1: For the purposes of section 304(1A)
a: the person did not receive all or any of the payment before or on the deemed receipt (as defined in clause 15D of Schedule 3
b: the person is or was unable to access all or any of the payment for reasons that are or include exceptional circumstances:
c: MSD has charged under Part 3A of Schedule 3
i: the information share is incorrect due to an error by the Commissioner or an officer of the Department (as those terms are defined in the Tax Administration Act 1994):
ii: the information share is correct but read incorrectly by an automated electronic system:
iii: the information share is correct but due to a person’s error is inputted incorrectly into a system used by MSD:
d: a person has been incorrectly identified, or not identified, as the proper recipient of the payment (whether that mis- or non-identification was by an automated electronic system or a person):
e: for reasons that are or include a disruption to an automated electronic system, information about the payment is not shared with MSD on the transaction date (as defined in clause 15C of Schedule 3 Part 3A of Schedule 3
f: the person to whom the payment was made has died, and their benefit—
i: is specified in section 326(1)﻿(a) to (h); and
ii: will end, or has ended, under section 326(2) or (3):
g: any 1 or more additional grounds prescribed, for the purposes of this paragraph, by regulations made under section 418(1)﻿(ja)
2: In this section,— automated electronic system subpart 5A disruption
34: New subpart 5A of Part 6 inserted
After subpart 5
5A: Use of automated electronic systems in respect of information share child support payments
363A: Use of automated electronic systems to make decisions, exercise powers, comply with obligations, and take related actions
MSD may approve use
1: MSD may approve the use of an automated electronic system by a specified person to make any decision, exercise any power, comply with any obligation, or take any other related action under any specified provision. Meanings of specified person and specified provision
2: In this subpart,— specified person
a: the chief executive of the responsible department:
b: a public service employee, or other person, acting under a delegation (direct or indirect) from that chief executive specified provision Specified provision must be about effect of child support income
3: The specified provision must be about how an information share child support payment is or affects any person’s assets, income, or other means of any kind (however described), for the purposes of, or for any purpose related to,—
a: a benefit; or
b: any other assistance under this Act. Requirements for approval
4: MSD may approve the use of an automated electronic system only if—
a: the system is under the responsible department’s control; and
b: MSD is satisfied that the system has the capacity to make the decision, exercise the power, comply with the obligation, or take the related action with reasonable reliability; and
c: MSD is satisfied that the use of the system is consistent with the approved standard for MSD’s use of automated electronic systems ( see subsections (5) and (6)
d: 1 or more persons are always available, as an alternative, to make the decision, exercise the power, comply with the obligation, or take the related action. Approved standard for MSD’s use of automated electronic systems
5: MSD must ensure that there is in force at all times after the commencement of this section an approved standard for MSD’s use of automated electronic systems.
6: The standard, and any amendment, revocation, or replacement of the standard, must be—
a: approved by MSD, in consultation with the Privacy Commissioner appointed under the Privacy Act 2020; and
b: reviewed at least once every 3 years; and
c: published in the Gazette
d: published on an Internet site that—
i: is maintained by, or on behalf of, the responsible department; and
ii: is publicly available free of charge. Effect of use of approved system
7: A decision that is made, a power that is exercised, an obligation that is complied with, or a related action that is taken using an automated electronic system under this section must be treated for all purposes as if it were made, exercised, complied with, or taken (as the case may be) by a specified person authorised or required by the specified provision to make the decision, exercise the power, comply with the obligation, or take the related action. 2018 No 4 ss 295, 296
363B: Publication of details of arrangements for use of automated electronic systems
1: MSD must ensure that details of any arrangements to use an automated electronic system, and any variation or revocation of the arrangements, are published as soon as practicable—
a: in the Gazette
b: on an Internet site that—
i: is maintained by, or on behalf of, the responsible department; and
ii: is publicly available free of charge.
2: Those details must identify—
a: the relevant decision, power, obligation, or related action to be made, exercised, complied with, or taken under the specified provision; and
b: the automated electronic system that is to make, exercise, comply with, or take that decision, power, obligation, or related action.
3: The use of an automated electronic system is not made invalid by reason only of a failure to publish details of it or any variation to it as soon as practicable in accordance with subsection (1) 2018 No 4 s 297
363C: Variation and substitution of decisions made by automated electronic systems
1: This section applies to a decision made by an automated electronic system (the relevant decision
2: A specified person may—
a: vary, or add to, the terms or conditions of the relevant decision; or
b: substitute a decision for the relevant decision if the specified person is satisfied that the new decision—
i: could have been made under the same specified provision as the relevant decision; and
ii: is more favourable to the affected person.
3: A specified person is not obliged to exercise any power in subsection (2) 2018 No 4 s 298
363D: Appeals and reviews unaffected
General rule
1: A person has the same rights of appeal or right to apply for administrative or judicial review (if any) in relation to a decision made, power exercised, obligation complied with, or other action taken by an automated electronic system as the person would have had if the decision, power, obligation, or other action had been made, exercised, complied with, or taken by a specified person. Review under subpart 3 of Part 6 of information share child support payments
2: However, this section is subject to sections 304(1A) and 304A Part 3A of Schedule 3 section 304A(1)﻿(a) to (g) Review grounds include any additional grounds prescribed by regulations
3: For the purposes of subsection (2) section 304A(1)﻿(a) to (g) section 418(1)﻿(ja) 2018 No 4 s 299 Other provisions
35: Section 418 amended (Regulations: general)
1: After the heading above section 418(1)﻿(k)
ja: section 304A(1)﻿(g)
2: After the heading above section 418(1)﻿(o)
na: paragraph (j) Transitional, savings, and related provisions
36: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Part 2
b: make all necessary consequential amendments. Dictionary
37: Schedule 2 amended
1: In Schedule 2 automated electronic system section 304A child support child support debt recovery by reduced further payments of child support
a: under the Child Support Act 1991; and
b: by reduced further payments of child support that the person is entitled to receive (for example, under section 151(3) or 151AA(8) of that Act) child support deduction section 142(2)﻿(c) or 143(3)﻿(c) child support excess payment
a: money received by the Commissioner of Inland Revenue by way of child support and that is required to be paid to the receiving carer under section 142(2)﻿(d)
b: a mixed child support payment child support year Commissioner of Inland Revenue deemed receipt clause 15D of Schedule 3 disruption section 304A foreign child support payment
a: made to the person; and
b: required under the laws of the country or territory; and
c: of the same nature as child support; and
d: the subject of an agreement (as defined in section 214 of the Child Support Act 1991) made between the government of the country or territory and the Government of New Zealand general provisions child support payment clause 7A(6)
a: paid to the person in a manner other than by direct credit to a bank account nominated by the person under section 148 of the Child Support Act 1991:
b: paid to the person when, and only to the extent that, the benefit, or other assistance under this Act, that the person is receiving is—
i: payable before the time of MSD’s decision to grant the benefit or other assistance under this Act; and
ii: subject to testing based on any person’s assets, income, or other means of any kind (however described):
c: a child support excess payment (which includes, without limitation, a mixed child support payment):
d: a payment made under section 143(2)﻿(b) or (3)﻿(d)
e: a payment made under an order made by the Family Court under section 109 of the Child Support Act 1991 (orders for provision of child support in form of lump sum):
f: a foreign child support payment:
g: a payment made to a receiving carer who is a person being paid, while that person is absent from New Zealand, a benefit that is any of the following:
i: New Zealand superannuation being paid overseas under section 26 of the New Zealand Superannuation and Retirement Income Act 2001 ( see
ii: New Zealand superannuation payable to a person resident in a specified Pacific country under section 31 of the New Zealand Superannuation and Retirement Income Act 2001 ( see
iii: a veteran’s pension being paid overseas under section 182 of the Veterans’ Support Act 2014 ( see
iv: a veteran’s pension payable to a person resident in a specified Pacific country under section 191 of the Veterans’ Support Act 2014 (see section 195(2) of that Act):
v: a benefit payable under any reciprocity agreement with another country adopted by an order made under section 380:
h: a payment after 30 June 2023 1 July 2023
i: a payment that is not disclosed to MSD under a specified approved information sharing agreement (as that term is defined in this schedule):
j: a child support payment of any other kind that is specified for the purposes of this paragraph by regulations made under section 418(1)﻿(na) information share child support payment clause 7A(5)
a: money received by the person that is child support; and
b: not a general provisions child support payment (as that term is defined in this schedule) liable parent mixed child support payment
a: the receiving carer is—
i: a UCB beneficiary for a child or children (the UCB child or children
ii: caring for 1 or more children for each of whom an unsupported child’s benefit is not payable (the non-UCB child or children
b: the same liable parent is liable to pay the receiving carer child support for both of the following:
i: the UCB child or children:
ii: the non-UCB child or children; and
c: the child support is from that liable parent, and may be child support for 1 or both of the following:
i: the UCB child or children:
ii: the non-UCB child or children offset child support payment
a: the amount is offset under section 152B of the Child Support Act 1991; and
b: the offsetting of the amount has not been reversed receiving carer specified approved information sharing agreement section 113(4)
a: the Inland Revenue Department (as the department responsible for the administration of the Child Support Act 1991); and
b: the responsible department (as the department responsible for the administration of provisions of this Act) specified person section 363A(2) subpart 5A of Part 6 UCB beneficiary
2: In Schedule 2, definition of specified provision
b: in relation to use of automated electronic systems to make decisions, exercise powers, comply with obligations, and take related actions, is defined in section 363A(2) subpart 5A of Part 6
c: in relation to a reference to income for a period,—
i: is defined in clause 11 of Schedule 3 for the purposes of clauses 12 to 14 of Schedule 3; and
ii: is defined in clause 15C of Schedule 3 Part 3A of Schedule 3 Income and liabilities
38: Schedule 3, clause 1 amended (What this schedule does)
In Schedule 3, replace clause 1(b) and (c)
b: what, for the purposes of this Act, is income (including an overview of how child support may be income for the purposes of this Act):
c: general provisions on how income is calculated:
ca: special provisions on how weekly income is calculated if that income is information share child support payments:
39: Schedule 3, new clause 7A inserted (Overview of how child support may be income)
In Schedule 3, after clause 7
7A: Overview of how child support may be income
Interests acquired
1: Under clause 8(m)
a: an interest acquired that is an offset child support payment; or
b: an interest acquired by way of any child support debt recovery by reduced further payments of child support. Deductions
2: Under clause 8(n) Money received (payments)
3: Child support that is money received by a person is income of the person for the purposes of this Act unless it is— Court-ordered lump sums MSD determines are capital are not income
a: a payment that is ordered by the Family Court under section 109 of the Child Support Act 1991 (orders for provision of child support in form of lump sum) and that MSD determines, under clause 3(b) of this schedule, is an interest in capital received or acquired by the person; or Child support excess payments are not income
b: a child support excess payment (which includes, without limitation, a mixed child support payment) that, under clause 8(na) Payments covered by income exemption regulations are not income
c: a payment that, under clause 9 and income exemption regulations made under section 422, is not income of the person.
4: A child support payment is 1 of the following (as defined in Schedule 2)—
a: an information share child support payment; or
b: a general provisions child support payment. How information share child support payments are charged as income
5: An information share child support payment that is income is subject to—
a: general annual income provisions in Part 3 of this schedule ( see
b: special weekly income provisions in Part 3A How general provisions child support payments are charged as income
6: A general provisions child support payment that is income is subject to—
a: general annual income provisions in Part 3 of this schedule ( see
b: general weekly income provisions in Part 3 of this schedule ( see Special provisions about cash assets or income for particular purposes
7: This overview is about income for the purposes of the Act, and so does not affect special provisions about cash assets or income for particular purposes, for example,—
a: accommodation supplement ( see
b: childcare assistance ( see
c: temporary additional support ( see
d: a benefit’s stand-down period ( see
40: Schedule 3, clause 8 amended (Income excludes specified benefits, etc)
1: In Schedule 3, replace the heading to clause 8 Income excludes specified benefits, payments, interests acquired, etc
2: In Schedule 3, clause 8 payments: amounts or
3: In Schedule 3, replace clause 8(m) and (n)
m: child support that is an interest acquired by the person, for example,—
i: an interest acquired that is an offset child support payment; or
ii: an interest acquired by way of child support debt recovery by reduced further payments of child support:
n: a child support deduction for a receiving carer who is a UCB beneficiary:
na: a child support excess payment (which includes, without limitation, a mixed child support payment):
41: Schedule 3, Part 3 heading amended
In Schedule 3, in the Part 3 Calculation General provisions on calculation General provisions on calculation of income
42: Schedule 3, clause 11 amended (Interpretation)
In Schedule 3, clause 11 specified provision all or a portion of legislation in or made under
43: Schedule 3, clause 12 amended (How annual income calculated)
1: In Schedule 3, replace the heading to clause 12 How annual income is calculated
2: In Schedule 3, after clause 12(2)
3: The income received by the person for the 52 weeks specified in subclause (2) is or includes any information share child support payment that is charged as weekly income of the person under Part 3A
44: Schedule 3, clause 13 amended (How weekly income calculated)
1: In Schedule 3, replace the heading to clause 13 How weekly income is calculated: general
2: In Schedule 3, after clause 13(3)
4: Nothing in this clause applies to any information share child support payment ( see Part 3A
45: Schedule 3, clause 15 amended (Rules on how MSD determines income of people engaged in business or trade)
In Schedule 3, after clause 15(1)
1A: However, neither subclause (1) nor rules made under subclause (1) apply to any information share child support payment ( see Part 3A Special provisions on calculation of weekly income that is information share child support payment
46: New Part 3A of Schedule 3 inserted
In Schedule 3, after clause 15
3A: Special provisions on calculation of weekly income that is information share child support payment
How payment is charged as weekly income
15A: How payment is charged as weekly income
What this Part does
1: This Part sets out how a person’s information share child support payment is all or any of their weekly income—
a: for the rate of benefit; or
b: for a specified provision (as defined in clause 15C Key steps in charging payment as weekly income
2: The key steps in charging the payment as weekly income are as follows:
a: the payment is taken to be received at deemed receipt:
b: deemed receipt is used to identify when income charging starts and ends:
c: the payment amount is divided by the number of weeks the payment is charged to produce equal amounts of weekly income for each of those weeks. Exceptions
3: Under the exception in clause 15H
4: Under the exception in clause 15I
a: as income for other weeks; and
b: as equal or unequal amounts of weekly income for each of those other weeks.
15B: Effect of non-payment of benefit or other assistance
Part applies even if benefit or other assistance not payable
1: This Part applies to a person and an income-charging period even if the person’s benefit or other assistance under this Act is not payable at all or any of the following times:
a: at or after the time of disclosure to MSD of a payment that could be charged as income in the period:
b: at the start or end of, or at any other time or times in, the period. Examples of benefit or other assistance not payable
The person’s benefit or other assistance under this Act— is not payable at the start of the period; but is payable again later in the period. The person’s benefit or other assistance under this Act— is payable at the start of the period; but is not payable, then is payable again, later in the period.
2: Subclause (1)
3: But subclause (1)﻿(a) subclause (4) Meaning of not payable
4: For the purposes of subclause (1) subclause (3)
a: the benefit or other assistance under this Act is, in connection with a review under section 304 or otherwise, suspended, or otherwise not payable, in connection with decisions MSD has made, or is to make, about whether the person is, or remains, entitled to—
i: the benefit or other assistance under this Act; or
ii: the rate of benefit or other assistance under this Act that was paid to the person:
b: the person is subject to legislation in or made under this Act that provides for the suspension, or other non-payment, in certain circumstances, of that person’s benefit or other assistance under this Act. Legislation providing for suspension or other non-payment
5: The legislation mentioned in subclause (4)﻿(b)
a: section 213 (immediate suspension of benefit at request of New Zealand Police):
b: section 219 (general rule: benefit not payable while beneficiary absent from New Zealand):
c: section 237 (sanction for second failure: suspension of main benefit):
d: section 270 (sanction for first or second failure: suspension of in-hand allowance and incentive payments):
e: section 280 (sanction for first or second failure: suspension of in-hand allowance and incentive payments):
f: sections 331 to 336 (expiry and regrant of specified benefits):
g: regulations made under section 436 (regulations: factors affecting benefits: absence from New Zealand):
h: regulations made under section 441(1) (regulations: expiry and regrant of benefits). Definitions
15C: Interpretation
In this Part,— business day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: Christmas Day, Boxing Day, New Year’s Day, and 2 January; and
d: if Christmas Day or 1 January falls on a Friday, the following Monday; and
e: if Christmas Day or 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday expected date of the next in-cycle payment in-cycle payment
a: by the Commissioner of Inland Revenue to the receiving carer; and
b: on the second business day after the 19th day of a month out-of-cycle payment specified provision standard income-charging period
a: if the relevant benefit or other assistance is paid in instalments of 1 week’s benefit or other assistance, a period that—
i: starts on a Monday; and
ii: ends at the close of the first Sunday after that Monday; and
b: if the relevant benefit or other assistance is paid in instalments of 2 weeks’ benefit or other assistance, a period that—
i: starts on a Wednesday; and
ii: ends at the close of the second Tuesday after that Wednesday transaction date
a: stated in the Commissioner of Inland Revenue’s instructions to the bank; and
b: disclosed to MSD under the specified approved information sharing agreement. Receipt
15D: Deemed receipt: general rule
In this Part, the deemed receipt
a: at the start of the first business day after the transaction date, if MSD makes no determination under clause 15E
b: if MSD makes a determination under clause 15E
15E: Deemed receipt: exception
1: MSD may determine that a person’s information share child support payment is, for the purposes of this Part, taken to be received—
a: not at the start of the first business day after the transaction date (under the general rule in clause 15D(a)
b: at the start of a later date.
2: MSD must consider the day on which the person actually received the payment, and any advantage to the person of the general rule in clause 15D(a)
a: whether to make a determination under this clause; and
b: the terms of a determination made under this clause. Payment charged as income: general rules
15F: When income charging starts: general rule
In-cycle payment or out-of-cycle payment For a person’s in-cycle payment or out-of-cycle payment, income charging starts as set out in item 1 or 2 of the following table: The following table is small in size and has 3 columns. Column 1 is headed Item. Column 2 is headed If the relevant benefit or other assistance is paid. Column 3 is headed income charging starts. Item If the relevant benefit or other assistance is paid ... income charging starts ... 1 in instalments of 1 week’s benefit or other assistance at the start of a standard income-charging period, if deemed receipt falls in that period 2 in instalments of 2 weeks’ benefit or other assistance at the start of a standard income-charging period, if deemed receipt falls in week 1 of that period or at the start of the next standard income-charging period, if deemed receipt falls in week 2 of a standard income-charging period
15G: When income charging ends: general rule
In-cycle payment
1: For a person’s in-cycle payment, income charging ends as set out in item 1 or 2 of the following table: The following table is small in size and has 3 columns. Column 1 is headed Item. Column 2 is headed If the relevant benefit or other assistance is paid. Column 3 is headed income charging ends. Item If the relevant benefit or other assistance is paid ... income charging ends ... 1 in instalments of 1 week’s benefit or other assistance at the end of the standard income-charging period immediately before the expected date of the next in-cycle payment 2 in instalments of 2 weeks’ benefit or other assistance at the end of the 4 weeks that start on the day on which the payment starts to be charged as the person’s income Out-of-cycle payment
2: For a person’s out-of-cycle payment, income charging ends as set out in item 1 or 2 of the following table: The following table is small in size and has 3 columns. Column 1 is headed Item. Column 2 is headed If the relevant benefit or other assistance is paid. Column 3 is headed income charging ends. Item If the relevant benefit or other assistance is paid ... income charging ends ... 1 in instalments of 1 week’s benefit or other assistance at the end of the first Sunday before the day that— (a) is in the month after the month of deemed receipt; and (b) corresponds to the day of deemed receipt or at the end of the first day of the second month after the month of deemed receipt, if the month after the month of deemed receipt contains no day that corresponds to the day of deemed receipt 2 in instalments of 2 weeks’ benefit or other assistance at the end of the 4 weeks that start on the day on which the payment starts to be charged as the person’s income Exceptions
15H: Terminal benefit
When clause applies to payment
1: This clause applies to the person’s information share child support payment (whether an in-cycle payment or an out-of-cycle payment) if—
a: the person has died, and their benefit—
i: is specified in any of paragraphs (a) to (h) of section 326(1); and
ii: will end, or has ended, under section 326(2) or (3); and
b: the payment’s deemed receipt is after the person’s death. Payment is not charged as weekly income
2: The payment is not charged as the person’s weekly income. Relationship with clauses 15F and 15G
3: This clause overrides clauses 15F and 15G
15I: Transfer to new benefit paid in different instalments
Transfer from weekly-instalment benefit to fortnightly-instalment benefit
1: This clause applies to a person who transfers—
a: from a benefit or other assistance that is payable in instalments of 1 week’s benefit or other assistance; and
b: to a benefit or other assistance that is payable in instalments of 2 weeks’ benefit or other assistance. Transfer from fortnightly-instalment benefit to weekly-instalment benefit
2: This clause also applies to a person who transfers—
a: from a benefit or other assistance that is payable in instalments of 2 weeks’ benefit or other assistance; and
b: to a benefit or other assistance that is payable in instalments of 1 week’s benefit or other assistance. MSD may determine that payment is charged as income for other weeks
3: MSD may determine that the person’s information share child support payment is charged as the person’s weekly income for a period that—
a: MSD identifies; and
b: is after the deemed receipt; and
c: is 3 or more weeks, but not more than 6 weeks; and
d: does not start or end as required by clauses 15F and 15G
4: In making a determination under this clause, MSD may charge the payment amount as equal or unequal amounts of weekly income. Mandatory relevant consideration
5: MSD must consider how MSD can best charge the payment as weekly income reasonably and conveniently if, and when, MSD decides—
a: whether to make a determination under this clause; and
b: the terms of a determination made under this clause. Relationship with clauses 15F and 15G
6: This clause overrides clauses 15F and 15G Deprivation of income or property
47: Schedule 3, clause 16 amended (Effect of deprivation of income or property)
In Schedule 3, after clause 16(1)
1A: For the purposes of this clause and of rules under clause 17, deprivation of income, property, or both, by a person who is an applicant for a benefit, or the spouse or partner of that applicant, excludes that person doing all or any of—
a: not applying for a formula assessment of child support payable in respect of a qualifying child under the Child Support Act 1991:
b: electing to end a formula assessment of child support payable in respect of a qualifying child under that Act:
c: choosing not to enter into a voluntary agreement for child support in respect of a qualifying child under that Act (whether or not that voluntary agreement—
i: is a voluntary agreement that, under section 48 of that Act, qualifies for acceptance by the Commissioner of Inland Revenue; and so
ii: is a qualifying voluntary agreement (as defined in section 2(1) of that Act)):
d: making under that Act an election to terminate liability under a qualifying voluntary agreement that, under section 48 of that Act, has been accepted by the Commissioner of Inland Revenue:
e: not making, or making, any other arrangement (for example, one in respect of a qualifying child and that is not a qualifying voluntary agreement (as those terms are defined in section 2(1) of that Act)) that does or may affect whether or what child support is payable in respect of a qualifying child under that Act.
1B: Subclause (1A) section 9
a: an applicant for an unsupported child’s benefit; or
b: the spouse or partner of that applicant; or
c: a UCB beneficiary; or
d: the spouse or partner of that UCB beneficiary.
48: Schedule 3, clause 17 amended (Rules on how MSD determines deprivation of income or property)
In Schedule 3, after clause 17(1)
1A: Rules under this clause are subject to clause 16(1A) Rates of benefits: abatement rates and income limits for youth payment and young parent payment
49: Schedule 4, Part 6 amended
1: In Schedule 4, Part 6 clause 11 clauses 11 and 11A
2: In Schedule 4, Part 6 clause 12 clauses 12 and 12A
3: In Schedule 4, Part 6 The following table is small in size and has 2 columns. The columns have no headings.
11: The applicable rate of youth payment or young parent payment in clause 1, 2, or 3
11A: If, after complying with clause 11 clause 1, 2, or 3
11B: In clause 11A young person’s relevant weekly income that is 1 or more information share child support payments; and that exceeds $258.08 of their weekly income that is 1 or both of— any weekly income (excluding any 1 or more information share child support payments): any 1 or more information share child support payments.
12: The applicable rate of youth payment or young parent payment in clause 4 or 5
12A: If, after complying with clause 12 clause 4 or 5 clause 12B
12B: In clause 12A relevant combined weekly income of the young person and the young person’s spouse or partner that is 1 or more information share child support payments; and that exceeds $258.08 of their combined weekly income that is 1 or both of— any weekly income (excluding any 1 or more information share child support payments): any 1 or more information share child support payments.
13: For the purposes of clause 11, 11A, 12, or 12A see clause 6
2: Amendments to Social Security Regulations 2018
Principal regulations
50: Principal regulations
This subpart amends the Social Security Regulations 2018 2023-07-01 Social Security Regulations 2018 Childcare assistance
51: Regulation 20 amended (Interpretation)
1: In regulation 20(1) total income
a: the caregiver’s income as defined in Part 2 of Schedule 3 of the Act (including, without limitation, a payment that is weekly income of the caregiver under clauses 3 and 8 and Part 3A of Schedule 3
aa: a child support excess payment, which includes, without limitation, a mixed child support payment ( see clause 8(na) of Schedule 3
2: In regulation 20(1) total income ; and ; but
3: In regulation 20(1) total income Temporary additional support
52: Regulation 69 amended (Chargeable income)
1: Replace regulation 69(3)﻿(f)
f: income as defined in Part 2 of Schedule 3 of the Act (including, without limitation, a payment that is weekly income under clauses 3 and 8 and Part 3A of Schedule 3
fa: a child support excess payment, which includes, without limitation, a mixed child support payment ( see clause 8(na) of Schedule 3
2: Revoke regulation 69(3)﻿(h)
53: Regulation 71 amended (Allowable costs)
After regulation 71(3)﻿(m)
n: any child support required to be paid by a person for the week concerned under a formula assessment under the Child Support Act 1991 (regardless of whether, and, if so, how that support must under that Act be paid to, or otherwise dealt with to improve the position of, a receiving carer). Benefit stand down
54: Regulation 182 amended (Period of benefit stand down: interpretation)
1: In regulation 182 income includes— excludes any child support that is an interest acquired by the person (for example, an interest acquired that is an offset child support payment, or an interest acquired by way of any child support debt recovery by reduced further payments of child support), but
2: In regulation 182 income
aa: any money received by the person that is child support and—
i: is not a payment that is ordered by the Family Court under section 109 of the Child Support Act 1991 (orders for provision of child support in form of lump sum) and that MSD determines, under clause 3(b) of Schedule 3 of the Act, is an interest in capital received or acquired by the person; and
ii: may, but need not, be a child support excess payment (which includes, without limitation, a mixed child support payment) that, under clause 8(na) of Schedule 3
iii: may, but need not, be a payment that, under clause 9 of Schedule 3 of the Act and regulation 294 (income exemptions), is not income of the person; and
iv: is an information share child support payment or a general provisions child support payment: Recovery of debt
55: Regulation 207 amended (Exceptions to duty to recover debts)
After regulation 207(1)﻿(a)
aa: regulation 208A
ab: regulation 208B
56: New regulations 208A and 208B inserted
After regulation 208
208A: Debts caused by disruption to automated electronic system
1: MSD cannot recover under the Act a sum comprising a debt, or that part of a debt, that was caused wholly or partly by a disruption to an automated electronic system.
2: In this regulation,— automated electronic system subpart 5A of Part 6 disruption
208B: Debts caused by specified errors identified through information share child support payment reviews
1: MSD cannot recover under the Act a sum comprising a debt, or that part of a debt, that was caused wholly or partly by a specified error identified through an information share child support payment review.
2: In this regulation,— information share child support payment review section 304(1A) specified error
a: MSD has charged an amount of income that is not the correct amount ( see section 304A(1)﻿(c)
b: a person has been incorrectly not identified as the proper recipient of the payment (whether that non-identification was by an automated electronic system or a person) ( see section 304A(1)﻿(d) Transitional, savings, and related provisions
57: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Part 3
b: make all necessary consequential amendments. Cash assets and income exemptions
58: Schedule 8, clause 1 amended (Cash assets exemptions (for accommodation supplement))
In Schedule 8, clause 1 The following table is small in size and has 4 columns. The table amends clause 2 of Schedule 8 of the Social Security Regulations 2018 and should be read with that table to provide understanding of the context. 23 A child support payment to which clause 62 Not cash assets of the person to whom the payment was made Only for the weeks that, under Part 3A of Schedule 3 24 A child support payment to which clause 62 clause 61 Part 3A of Schedule 3 Not cash assets of the person to whom the payment was made Only for 28 days after the weeks that, under Part 3A of Schedule 3
59: Schedule 8, clause 2 amended (Cash assets exemptions (for temporary additional support))
In Schedule 8, clause 2 The following table is small in size and has 4 columns. The table amends clause 2 of Schedule 8 of the Social Security Regulations 2018 and should be read with that table to provide understanding of the context. 24 A child support payment to which clause 62 Not cash assets of the person to whom the payment was made Only for the weeks that, under Part 3A of Schedule 3 25 A child support payment to which clause 62 clause 61 Part 3A of Schedule 3 Not cash assets of the person to whom the payment was made Only for 28 days after the weeks that, under Part 3A of Schedule 3
60: Schedule 8, clause 4 amended (Income exemptions (for purposes of Act))
In Schedule 8, clause 4 The following table is small in size and has 4 columns. The table amends clause 4 of Schedule 8 of the Social Security Regulations 2018 and should be read with that table to provide understanding of the context. 30 An information share child support payment to which clause 63 Not income for the person to whom the payment was made 31 A general provisions child support payment to which clause 64 Not income for the person to whom the payment was made
61: New Parts 35 to 37 of Schedule 8 inserted
In Schedule 8, after Part 34
35: Child support payments: cash assets exemptions (accommodation supplement and temporary additional support)
61: Interpretation
Definition of child support payment
1: In this Part, child support payment
a: an information share child support payment; and
b: charged as all or any of the weekly income of the person under Part 3A of Schedule 3 Definition of exceptional circumstances
2: For the purposes of item 24 of clause 1 item 25 of clause 2 exceptional circumstances Bereavement
a: a member of the person’s immediate family has died: Serious illness, serious injury, or serious sickness
b: the person, or a member of the person’s immediate family, is suffering from a serious illness, a serious injury, or a serious sickness: Patient in hospital care
c: the person, or a member of the person’s immediate family, is a patient in hospital care: Victim of crime
d: the person is a victim: Area affected by emergency, disease, or other exceptional adverse event
e: the person resides in, or is present in and cannot reasonably leave, an area in respect of which a state of local emergency or state of national emergency is in force under Part 4 of the Civil Defence Emergency Management Act 2002:
f: the person resides in, or is present in and cannot reasonably leave, an area that is or may be affected by an outbreak of a quarantinable disease in respect of which an epidemic notice has been given, and is in force, under section 5(1) of the Epidemic Preparedness Act 2006:
g: the beneficiary resides in, or is present in and cannot reasonably leave, an area that is or may be affected by any exceptional adverse event other than those prescribed by paragraphs (e) and (f)
3: In this Part, unless the context otherwise requires,— crime
a: is liable on conviction to imprisonment for life or to imprisonment for more than 3 months; or
b: would have been liable on conviction to imprisonment for life or to imprisonment for more than 3 months but for circumstances (for example, the offender has died) hospital care immediate family
a: means a member of the person’s family, whānau, or other culturally recognised family group, who is in a close relationship with the person at the time of the death; and
b: to avoid doubt, includes—
i: a spouse, civil union partner, or de facto partner:
ii: a child or stepchild:
iii: a brother, sister, stepbrother, or stepsister:
iv: a parent or step-parent:
v: a grandparent victim
a: a person against whom a crime has been committed by another person; and
b: a person who, through (or by means of) a crime committed by another person, has suffered physical or emotional harm, or loss of, or damage to, property; and
c: a parent or legal guardian of a child, or of a young person, who falls within paragraph (a) or (b)
d: a member of the immediate family of a person who, as a result of a crime committed by another person, has died, unless that member is charged with the commission of, is convicted or found guilty of, or pleads guilty to, the crime concerned.
62: Payments
This clause applies to a child support payment made to a person.
36: Information share child support payments if transfer to new benefit paid in different instalments: income exemptions (for purposes of Act)
63: Information share child support payment if transfer to new benefit paid in different instalments and payment income before date new benefit commences
Transfer from weekly-instalment benefit to fortnightly-instalment benefit
1: This clause applies to an information share child support payment made to a person if—
a: the person transfers—
i: from a benefit paid in instalments of 1 week’s benefit (the former benefit
ii: to a benefit paid in instalments of 2 weeks’ benefit (the new benefit
b: the payment’s deemed receipt is on or after the commencement date of the new benefit; and
c: the payment starts to be charged as all or any of the weekly income of the person under Part 3A of Schedule 3 Transfer from fortnightly-instalment benefit to weekly-instalment benefit
2: This clause also applies to an information share child support payment made to a person if—
a: the person transfers—
i: from a benefit paid in instalments of 2 weeks’ benefit (the former benefit
ii: to a benefit paid in instalments of 1 week’s benefit (the new benefit
b: the payment’s deemed receipt is on or after the commencement date of the new benefit; and
c: the payment starts to be charged as all or any of the weekly income of the person under Part 3A of Schedule 3
37: General provisions child support payments when benefit or other assistance paid on backdated basis: income exemptions (for purposes of Act)
64: General provisions child support payments when benefit or other assistance paid on backdated basis
This clause applies to a general provisions child support payment that is paid to the person when, and only to the extent that, the benefit, or other assistance under the Act, that the person is receiving is—
a: payable before the time of MSD’s decision to grant the benefit or other assistance under the Act; and
b: subject to testing based on any person’s assets, income, or other means of any kind (however described).
3: Amendments to Public and Community Housing Management Act 1992
Principal Act
62: Principal Act
This subpart amends the Public and Community Housing Management Act 1992 2023-07-01 Public and Community Housing Management Act 1992 Definitions
63: Section 2 amended (Interpretation)
In section 2(1) calculation mechanism calculation mechanism
a: sections 107 to 113; and
b: the regulations for the time being in force under section 114 Deprivation of income, property, or both
64: Section 112 amended (Assessable income may be adjusted in certain cases)
After section 112(1)
1A: For the purposes of this section, deprivation of income, property, or both, by an applicable person excludes that applicable person doing all or any of—
a: not applying for a formula assessment of child support payable in respect of a qualifying child under the Child Support Act 1991:
b: electing to end a formula assessment of child support payable in respect of a qualifying child under that Act:
c: choosing not to enter into a voluntary agreement for child support in respect of a qualifying child under that Act (whether or not that voluntary agreement—
i: is a voluntary agreement that, under section 48 of that Act, qualifies for acceptance by the Commissioner of Inland Revenue; and so
ii: is a qualifying voluntary agreement (as defined in section 2(1) of that Act)):
d: making under that Act an election to terminate liability under a qualifying voluntary agreement that, under section 48 of that Act, has been accepted by the Commissioner of Inland Revenue:
e: not making, or making, any other arrangement (for example, one in respect of a qualifying child and that is not a qualifying voluntary agreement (as those terms are defined in section 2(1) of that Act)) that does or may affect whether or what child support is payable in respect of a qualifying child under that Act.
1B: Subsection (1A) section 9
a: an applicant for an unsupported child’s benefit; or
b: the spouse or partner of that applicant; or
c: a UCB beneficiary (as defined in section 2(1) of the Child Support Act 1991); or
d: the spouse or partner of that UCB beneficiary. Administrative matters and review
65: New section 115A inserted (How duty to advise satisfied for information share child support payment made to person)
After section 115
115A: How duty to advise satisfied for information share child support payment made to person
How section 115(1), (2), or (3) is satisfied for payment
1: Section 115(1), (2), or (3) is satisfied for a change in a person’s circumstances that is an information share child support payment made to the person if the payment is disclosed to the agency under an approved information sharing agreement (as defined in section 138 of the Privacy Act 2020) between—
a: the Inland Revenue Department (as the department responsible for the administration of the Child Support Act 1991); and
b: the agency (as the department, departmental agency, or Crown entity responsible for the administration of provisions of this Act). Exception if person does not promptly advise of matter relevant to review
2: However, subsection (1)
a: the agency has in some way notified the person that the payment has been disclosed to the agency under an approved information sharing agreement ( see subsection (3)
b: the person does not promptly advise the agency of a change in the person’s circumstances that relates to the payment, and that is or may be relevant to a review under all or any of—
i: section 116 (reviews of income-related rents):
ii: section 117 (agency may review housing eligibility):
iii: section 118 (agency may review housing needs of tenant). Examples of change in circumstances that relates to payment
Examples of a change in the person’s circumstances that relates to the payment include that— the person did not receive all or any of the payment: the payment as received by the person is of a smaller amount than the amount of the payment as disclosed to the agency under an approved information sharing agreement: the person has been incorrectly identified as the proper recipient of the payment. Examples of agency notifying person that payment disclosed to agency
3: For the purposes of subsection (2)﻿(a)
a: that information share child support payments are, or will be, disclosed to the agency under an approved information sharing agreement; or
b: that 1 or more particular information share child support payments disclosed to the agency under an approved information sharing agreement are or may be relevant to—
i: a review proposed to be conducted under all or any of sections 116 to 118; or
ii: any outcome (for example, any proposed outcome) of a review conducted under all or any of sections 116 to 118. Meaning of information share child support payment
4: In this section, information share child support payment
a: has the same meaning as in Schedule 2 of the Social Security Act 2018; and therefore
b: excludes a general provisions child support payment (as that term is defined in Schedule 2 of the Social Security Act 2018). Calculation mechanism: repeal of spent provisions
66: Schedule 2 repealed
Repeal Schedule 2 Transitional, savings, and related provisions
67: Schedule 4 amended
In Schedule 4
a: insert the Part set out in Part 4
b: make all necessary consequential amendments.
4: Amendments to Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018
Principal regulations
68: Principal regulations
This subpart amends the Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018 2023-07-01 Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018 Definition of cash assets for purposes of calculation mechanism for income-related rents
69: Regulation 3 amended (Interpretation)
In regulation 3(1) cash assets cash assets
a: has the same meaning as in section 68(2) of the Social Security Act 2018; but
b: despite paragraph (a)
i: item 23 of clause 1 clause 62
ii: item 24 of clause 1 clause 62 Exclusions from weekly income for calculation mechanism for income-related rents
70: Regulation 14 amended (Certain payments not to be income)
1: In the heading to regulation 14 payments amounts or
2: Replace regulation 14(a)﻿(iii) and (iv)
iii: of a kind stated in any of clause 8(b) to (j) and (m)
A: in that clause 8(m)
B: in that clause 8(n)
C: in that clause 8(na)
iv: of a kind stated in clause 4 of Schedule 8 of the Social Security Regulations 2018, except for a child support payment to which—
A: item 30 of clause 4 clause 63
B: item 31 of clause 4 clause 64 Transitional, savings, and related provisions
71: Schedule amended
In the Schedule
a: insert the Part set out in Part 5
b: make all necessary consequential amendments.