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.
74 Limitation in certain other cases

(1)

Notwithstanding anything to the contrary in this Act or Part 6 of the Veterans’ Support Act 2014 or the New Zealand Superannuation and Retirement Income Act 2001, the chief executive may, in the chief executive’s discretion, refuse to grant any benefit or may terminate or reduce any benefit already granted or may grant a benefit at a reduced rate in any case where the chief executive is satisfied—

(a)

that the applicant, or the spouse or partner of the applicant or any person in respect of whom the benefit or any part of the benefit is or would be payable, is not ordinarily resident in New Zealand; or

(b)
[Repealed]

(c)
[Repealed]

(d)

that the applicant has directly or indirectly deprived himself of any income or property which results in his qualifying for that or any other benefit or an increased rate of benefit; or

(e)

that the applicant has failed to take reasonable steps to obtain any maintenance or has foregone her rights to any maintenance to which she may be entitled in respect of herself under the Family Proceedings Act 1980 or any other Act.

(1A)

Subsection (1)(d) is subject to any rules prescribed by rules under section 132I.

(2)

In this section,—

income does not include any amount that a person might be considered to derive from any impairment lump sum under Schedule 1 of the Accident Compensation Act 2001, or from any lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998, received by the person on or after the date on which this subsection comes into force for the period of 12 months following the receipt of that payment

property does not include any such impairment lump sum or lump sum payment of an independence allowance received by a person for the period of 12 months following the receipt of that payment.

Compare: 1938 No 7 ss 15(1)(e), 22(7), 33(2)(d), 40(d), 62(d), 62A; 1963 No 47 s 54

Section 74(1): amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Section 74(1): amended, on 5 December 2013, by section 15(5)(f) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).

Section 74(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 74(1): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 74(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 74(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 74(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

Section 74(1): amended, on 23 June 1987, by section 2(3)(d) of the Social Security Amendment Act 1987 (1987 No 106).

Section 74(1): amended, on 23 December 1977, by section 15 of the Social Security Amendment Act (No 2) 1977 (1977 No 133).

Section 74(1)(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 74(1)(a): amended, on 1 April 1991, by section 28 of the Social Security Amendment Act 1991 (1991 No 1).

Section 74(1)(b): repealed, on 20 October 1972, by section 25 of the Social Security Amendment Act 1972 (1972 No 133).

Section 74(1)(c): repealed, on 20 October 1972, by section 25 of the Social Security Amendment Act 1972 (1972 No 133).

Section 74(1)(e): inserted, on 14 November 1973, by section 12 of the Social Security Amendment Act 1973 (1973 No 34).

Section 74(1)(e): amended, on 1 July 1992, by section 10 of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

Section 74(1)(e): amended, on 1 October 1981, pursuant to section 189(2)(a) of the Family Proceedings Act 1980 (1980 No 94).

Section 74(1)(e): amended, on 31 August 1974, by section 8 of the Social Security Amendment Act 1974 (1974 No 46).

Section 74(1A): inserted, on 2 July 2007, by section 9 of the Social Security Amendment Act 2007 (2007 No 20).

Section 74(2): inserted, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

Section 74(2) income: amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).