Social Security Act 1964

  • not the latest version
  • This version was replaced on 8 February 2017 to make corrections to sections 3(1), 11, 11A(4), 61CF(2)(e), 61EA(2), 71A(4), 72(b), 74(1)(d), 86(2), 104A, 120(3), and Schedules 4, 18, 27, and 28 under section 25(1)(f), (i), (j)(ii), (iii), (iv), and (k) of the Legislation Act 2012.
64 Mode of ascertaining income for benefit purposes

(1)

Where in relation to the rate of any benefit reference is made in this Act or in any schedule of this Act or in Part 6 of the Veterans’ Support Act 2014 or in the New Zealand Superannuation and Retirement Income Act 2001 to the annual income of the beneficiary or of any other person, that reference shall, unless the context otherwise requires, be deemed to be a reference to the estimated income of the person concerned for the period of 52 weeks commencing on the date on which the benefit, if granted or renewed, as the case may be, will commence.

(2)

Except as provided in subsection (3), the estimated annual income for the period of 52 weeks specified in subsection (1) shall be deemed to be an amount equal to the income received by the person concerned for a period of 52 weeks ending on such day preceding the date on which the benefit, if granted or renewed, will commence as the chief executive determines.

(2A)

Where, in relation to the rate of any benefit or additional benefit, reference is made in this Act or in any schedule of this Act or in Part 6 of the Veterans’ Support Act 2014 or in the New Zealand Superannuation and Retirement Income Act 2001 to the weekly income of a person, such income shall, unless the context otherwise requires, be determined by dividing the person’s total income over the appropriate number of weeks specified in regulations made under this Act (not exceeding 52 weeks) by the number of weeks in that period.

(2B)

For the purposes of determining a person’s weekly income under subsection (2A), the chief executive may determine the period or periods to which any income relates, having regard to—

(a)

the extent to which it was earned in that period or those periods; or

(b)

the extent to which any other entitlement to it arose in, or in respect of, that period or those periods; or

(c)

the period or periods for which it was otherwise received, acquired, paid, provided, or supplied.

(3)

From the income computed in accordance with subsection (2) or subsection (2A) there may be deducted any items by which the chief executive is satisfied the income is likely to be reduced, and there may be added to the income so computed any items by which the chief executive is satisfied the income is likely to be increased, and the amount so ascertained shall be deemed to be the estimated income for the period in respect of which the computation is made.

Compare: 1938 No 7 s 61; 1958 No 46 s 26(1); 1960 No 13 s 16(1)

Section 64 heading: amended, on 26 September 2002, by section 13(1) of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 64(1): amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Section 64(1): amended, on 5 December 2013, by section 15(6)(b) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).

Section 64(1): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 64(1): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 64(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 64(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 64(1): amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Section 64(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 64(2): amended, on 11 October 1978, by section 18(1) of the Social Security Amendment Act 1978 (1978 No 58).

Section 64(2A): inserted, on 11 October 1978, by section 18(2) of the Social Security Amendment Act 1978 (1978 No 58).

Section 64(2A): amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Section 64(2A): amended, on 5 December 2013, by section 15(6)(b) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).

Section 64(2A): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 64(2A): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 64(2A): amended, on 26 September 2002, by section 13(2)(a) of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 64(2A): amended, on 26 September 2002, by section 13(2)(b) of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 64(2A): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 64(2A): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 64(2A): amended, on 1 July 1996, by section 31(1) of the Social Security Amendment Act 1996 (1996 No 20).

Section 64(2A): amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

Section 64(2B): inserted, on 26 October 2002, by section 13(3) of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 64(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 64(3): amended, on 11 October 1978, by section 18(3) of the Social Security Amendment Act 1978 (1978 No 58).