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.
74AA Residential requirements for certain benefits

(1)

A person who applies for a benefit of a kind stated in subsection (2) after 27 May 2007 is not eligible for it unless he or she—

(a)

is a New Zealand citizen, or is a person who holds a residence class visa under the Immigration Act 2009; and

(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 is recognised as a refugee or a protected person in New Zealand under the Immigration Act 2009, has resided continuously in New Zealand for a period of at least 2 years at any one time,—

(i)

if subsection (1A) applies to the person,—

(A)

before he or she applies for the benefit; or

(B)

before a decision on his or her claim for the benefit is made under section 12; and

(ii)

in any other case, after the day on which paragraph (a) first applied to him or her.

(1A)

Subsection (1)(a) and (b) do not apply to a person at a time when—

(a)

there is in force under section 19(1) of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 an order declaring that the provisions contained in an agreement or convention with the government of another country set out in a schedule to the order have force and effect so far as they relate to New Zealand; and

(b)

he or she is ordinarily resident in that country.

(2)

The benefits referred to in subsection (1) are a youth payment, a young parent payment, a supported living payment, jobseeker support, and sole parent support.

Section 74AA: inserted, on 2 July 2007, by section 10(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 74AA(1): replaced, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 74AA(1)(c): replaced, on 15 July 2013, by section 31(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 74AA(1A): inserted, on 7 July 2010, by section 11 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

Section 74AA(1A): amended, on 15 July 2013, by section 31(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 74AA(1A)(a): amended, on 5 December 2013, by section 15(4)(g) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).

Section 74AA(2): amended, on 15 July 2013, by section 75(a) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 74AA(2): amended, on 15 July 2013, by section 75(b) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 74AA(2): amended, on 15 July 2013, by section 96(1)(l) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 74AA(2): amended, on 15 July 2013, by section 113(2)(c) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 74AA(2): amended, on 15 July 2013, by section 128(1)(l) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 74AA(2): amended, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).