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.
85A Payments that are debts due to the Crown: general

The following payments or other sums are debts due to the Crown:


any penalty payable under this Act:


any benefit paid conditionally or provisionally under this Act that a person has become liable to repay (by direction of the chief executive or otherwise):


any advance payment of a benefit made to a person under section 82(6):


any money paid to or for the credit of a person as a grant of special assistance under a welfare programme approved under section 124(1)(d) that is—


paid as a recoverable grant of assistance; or


otherwise recoverable from that person under the terms and conditions of the programme:


any amount described by this Act as a debt due to the Crown from the person:


a sum (an overpayment), paid or advanced under this Act or Part 6 of the Veterans’ Support Act 2014 or Part 1 of the New Zealand Superannuation and Retirement Income Act 2001 to or for the credit of a person—


that is in excess of the amount to which the person is entitled; or


to which the person has no entitlement.

Section 85A: inserted, on 26 September 2002, by section 21 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

Section 85A heading: amended, on 7 July 2014, by section 8 of the Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 (2014 No 21).

Section 85A(f): amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Section 85A(f): amended, on 5 December 2013, by section 15(5)(i) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).

Section 85A(f): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Section 85A(f): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).