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.
80 Commencement of benefits

(1)

Except as otherwise provided in this section or Part 6 of the Veterans’ Support Act 2014 or the New Zealand Superannuation and Retirement Income Act 2001, a benefit shall commence on the later of—

(a)

the date the applicant became entitled to receive it; or

(b)

the date the application for it was received.

(2)

A benefit is subject to a stand down, and commences on a date calculated in accordance with section 80BA, if—

(a)

the benefit is a work-tested benefit or a youth payment or a young parent payment (other than a youth payment or a young parent payment granted to a person undertaking employment-related training or who is enrolled in a course of secondary instruction) and the applicant is not subject to a non-entitlement period; or

(b)

the benefit is sole parent support, jobseeker support on the ground of sickness, injury, or disability, or a supported living payment.

(3)

Subsection (2) is subject to subsections (5) to (10) (which relate to exemptions from the benefit stand down).

(4)

If the applicant is subject to a non-entitlement period,—

(a)

a work-tested benefit granted conditionally under section 123B is subject to a stand down and commences on a date calculated in accordance with section 80BA if—

(i)

the applicant is subject to the non-entitlement period because of the application of section 60H; and

(ii)

that section applies to the applicant because he or she is a person described in section 60H(2)(a):

(b)

any other work-tested benefit commences on the later of—

(i)

the date the applicant became entitled to receive it; or

(ii)

the date the application for it was received.

(5)

A benefit shall commence on the latest of the date the person became entitled to receive it, or the day after the date the person’s employment ceased, or the date the application for it was received, if—

(a)

the benefit is a youth payment or a young parent payment and the person is participating in a training course approved by the chief executive; or

(b)

the benefit is sole parent support, a youth payment, a young parent payment, a supported living payment, or jobseeker support applied for by a person who has entered a refuge following the breakdown of the person’s marriage, civil union, or de facto relationship; or

(c)

the benefit is jobseeker support on the ground of sickness, injury, or disability, and the applicant—

(i)

is suffering from a chronic illness; and

(ii)

has applied for a sickness benefit, or a community wage or jobseeker support (in either case) on the grounds of sickness, injury, or disability, for that illness on a prior occasion; or

(ca)

the benefit is a supported living payment on the ground of sickness, injury, disability, or total blindness, and the applicant—

(i)

is sick or is suffering from an injury or disability from accident or existing from birth; and

(ii)

has applied for an invalid’s benefit or a supported living payment (in either case) on the ground of that sickness, injury, or disability on a prior occasion; or

(d)

the applicant for the benefit—

(i)

previously received a benefit which was cancelled because he or she was imprisoned or detained for less than 31 days in a prison (as defined in the Corrections Act 2004); and

(ii)

applied for the benefit immediately following his or her release from the prison.

(6)

[Repealed]

(7)

[Repealed]

(8)

A benefit shall commence on the later of the day after the date a person’s employment ceased or the date of the application for the benefit, if—

(a)

the person received a benefit before accepting the offer of the employment; and

(b)

the benefit was cancelled or suspended because of the employment; and

(c)

the employment—

(i)

was temporary employment, whether or not the person was aware it would be temporary employment when accepting the offer; or

(ii)

was part-time work for a period of less than 26 weeks, whether or not the person was aware it would be part-time work for a period of less than 26 weeks when accepting the offer; and

(d)

the person applies for a benefit following the termination of the employment.

(9)

[Repealed]

(10)

If a person is required to pay all or a part of a benefit towards the cost of the person’s treatment or care in a residential programme, the chief executive may commence the benefit on any date but not earlier than the later of—

(a)

the date the person became entitled to the benefit; or

(b)

the date the person entered into residence under the programme.

(11)

[Repealed]

(12)

[Repealed]

(13)

A benefit shall commence on the day on which it was granted if—

(a)

the person has become eligible for the benefit while receiving another benefit; and

(b)

the benefit is granted instead of that other benefit.

(14)

A disability allowance shall commence on the same day that a benefit commences if that allowance was applied for at the same time as the benefit and the benefit is—

(a)

sole parent support, a young parent payment, or jobseeker support on the ground of sickness, injury, or disability; or

(b)

a supported living payment.

Section 80: replaced, on 1 April 1997, by section 34 of the Social Security Amendment Act 1996 (1996 No 20).

Section 80(1): amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Section 80(1): amended, on 5 December 2013, by section 15(5)(h) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).

Section 80(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 80(1): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

Section 80(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

Section 80(2): replaced, on 2 July 2007, by section 11(1) of the Social Security Amendment Act 2007 (2007 No 20).

Section 80(2)(a): amended, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

Section 80(2)(a): amended, on 24 September 2007, by section 36(a) of the Social Security Amendment Act 2007 (2007 No 20).

Section 80(2)(a): amended, on 24 September 2007, by section 36(b) of the Social Security Amendment Act 2007 (2007 No 20).

Section 80(2)(b): amended, on 15 July 2013, by section 85(4)(d) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 80(2)(b): amended, on 15 July 2013, by section 96(1)(n) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 80(2)(b): amended, on 15 July 2013, by section 113(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 80(3): amended, on 2 July 2007, by section 11(2) of the Social Security Amendment Act 2007 (2007 No 20).

Section 80(4): replaced, on 26 September 2002, by section 15(2) of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 80(5): amended, on 3 June 1998, by section 8(2) of the Social Security Amendment Act (No 2) 1998 (1998 No 60).

Section 80(5)(a): replaced, on 1 October 1998, by section 49(2) of the Social Security Amendment Act 1998 (1998 No 19).

Section 80(5)(a): amended, on 15 July 2013, by section 36 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 80(5)(a): amended, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

Section 80(5)(b): replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

Section 80(5)(b): amended, on 15 July 2013, by section 85(1)(c) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 80(5)(b): amended, on 15 July 2013, by section 96(1)(n) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 80(5)(b): amended, on 15 July 2013, by section 113(2)(d) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 80(5)(b): amended, on 15 July 2013, by section 128(1)(m) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 80(5)(b): amended, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

Section 80(5)(b): amended, on 2 July 2007, by section 11(3) of the Social Security Amendment Act 2007 (2007 No 20).

Section 80(5)(c): amended, on 15 July 2013, by section 106(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 80(5)(c): amended, on 1 October 1998, by section 49(1)(b) of the Social Security Amendment Act 1998 (1998 No 19).

Section 80(5)(c)(ii): amended, on 15 July 2013, by section 106(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 80(5)(c)(ii): amended, on 1 October 1998, by section 49(1)(c) of the Social Security Amendment Act 1998 (1998 No 19).

Section 80(5)(ca): inserted, on 1 July 2004, by section 15 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Section 80(5)(ca): amended, on 15 July 2013, by section 96(2)(d) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 80(5)(ca)(i): amended, on 15 July 2013, by section 91 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 80(5)(ca)(ii): amended, on 15 July 2013, by section 96(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 80(5)(d)(i): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 80(5)(d)(ii): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 80(6): repealed, on 1 July 2001, by section 43(2)(b) of the Social Security Amendment Act 2001 (2001 No 1).

Section 80(7): repealed, on 1 July 2001, by section 43(2)(b) of the Social Security Amendment Act 2001 (2001 No 1).

Section 80(8): amended, on 3 June 1998, by section 8(3) of the Social Security Amendment Act (No 2) 1998 (1998 No 60).

Section 80(8)(b): amended, on 1 July 2001, by section 43(2)(c) of the Social Security Amendment Act 2001 (2001 No 1).

Section 80(8)(c): replaced, on 7 July 2010, by section 13 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

Section 80(9): repealed, on 2 July 2007, by section 11(4) of the Social Security Amendment Act 2007 (2007 No 20).

Section 80(10): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 80(11): repealed, on 2 July 2007, by section 11(4) of the Social Security Amendment Act 2007 (2007 No 20).

Section 80(12): repealed, on 2 July 2007, by section 11(4) of the Social Security Amendment Act 2007 (2007 No 20).

Section 80(14)(a): amended, on 15 July 2013, by section 85(5) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 80(14)(a): amended, on 15 July 2013, by section 106(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 80(14)(a): amended, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

Section 80(14)(a): amended, on 1 October 1998, by section 49(1)(d) of the Social Security Amendment Act 1998 (1998 No 19).

Section 80(14)(b): replaced, on 15 July 2013, by section 96(1)(n) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).