Title
1 Short Title and commencement
1A Purpose
1B Principles
Part 1
Monetary benefits
2 Administration [Repealed]
3 Interpretation
3A Delegation of powers by Minister [Repealed]
Administration
4 Social Security Department [Repealed]
5 Chief executive to comply with directions
6 Social Security Commission [Repealed]
7 Acting Commissioners [Repealed]
8 Commissioners, Acting Commissioners, and other officers to be appointed under State Services Act 1962 [Repealed]
9 Meetings of Commission [Repealed]
10 Delegation of Director-General's powers [Repealed]
10A Review of decisions
11 Power to obtain information
11A Power to obtain information for matching purposes
11B Code of conduct applying to obtaining information under section 11
11C Matters to be included in code of conduct
11D Application process for benefits
12 Investigation of claims and grant of benefits
Appeal Authority
12A Social Security Appeal Authority
12B Term of office of members
12C Extraordinary vacancies
12D Special Appeal Authorities
12E Deputies of members
12F Remuneration and travelling allowances
12G Services for Appeal Authority
12H Authority to have seal
12I Functions of Appeal Authority
12J Right of appeal
12K Procedure on appeal
12L Expenses payable to appellants
12M Hearing and determination of appeal
12N Sittings of Appeal Authority
12O Costs
12OA Costs incurred by Authority
12P Notice of decision
12Q Appeals to High Court on questions of law only
12R Appeals to Court of Appeal
12S Appeals to Supreme Court
National superannuation
13 National Superannuation [Repealed]
14 Residential qualifications for national superannuation [Repealed]
15 Rates of national superannuation [Repealed]
16 Special provisions in respect of married couples where one spouse not entitled to national superannuation [Repealed]
17 Commencement and payment of national superannuation [Repealed]
18 Termination of national superannuation on death of recipient [Repealed]
19 Special allowance for South African War veterans [Repealed]
20 Additional benefit for South African War veterans [Repealed]
Widows' benefits
21 Widows' benefits
22 Benefits to wives of mental patients [Repealed]
23 Benefits to deserted wives [Repealed]
24 Rates of widows' benefits
25 Special provisions as to benefits to deserted wives [Repealed]
26 Continuation of benefit to deserted wife after divorce [Repealed]
27 Continuation of benefit when benefit ceases to be payable in respect of children [Repealed]
Domestic purposes benefits
27A Interpretation
27B Domestic purposes benefits for solo parents
27BA Split custody
27C Domestic purposes benefits for women alone
27D Applicants for domestic purposes benefits for women alone to meet residential qualifications in section 74AA
27E Continuation of benefit when benefit ceases to be payable in respect of children [Repealed]
27F Special provisions as to maintenance [Repealed]
27G Domestic purposes benefits for care at home of sick or infirm
27H Rates of domestic purposes benefits
Contribution towards cost of domestic purposes benefits for solo parents
27I Interpretation [Repealed]
27J Maintenance order or agreement suspended while benefit is paid [Repealed]
27K Liable Parent to contribute towards cost of benefit and child supplement [Repealed]
27L Director-General to give liable parent notice of grant of benefit [Repealed]
27M Liable parent to notify Director General of gross earnings, etc [Repealed]
27N Director-General to assess contribution and notify liable parent [Repealed]
27O Notice of objection [Repealed]
27P Grounds on which objection may be made [Repealed]
27Q Procedure to be followed where objection received [Repealed]
27R Hearing of objection by Court [Repealed]
27S Findings of Court [Repealed]
27T Appeal from decisions of Courts [Repealed]
27U Proceedings not open to public [Repealed]
27V Restriction of publication of reports [Repealed]
27W Costs [Repealed]
27X Recovery of unpaid contributions [Repealed]
27Y Deduction notices [Repealed]
27Z Effect of deduction notices [Repealed]
27ZA Liability of employer [Repealed]
27ZB Protected earnings [Repealed]
27ZC Variation or discharge of deduction notice [Repealed]
27ZD Transaction fee [Repealed]
27ZE Wrongful treatment of employee [Repealed]
27ZF Extent to which deduction notices bind the Crown [Repealed]
27ZG Relief in cases of serious hardship [Repealed]
27ZH Review of contributions [Repealed]
27ZI Service of notices, etc, by Director-General [Repealed]
Orphans' benefits
28 Orphans' benefits
29 Unsupported child's benefit
29A Rates of orphan's benefit and unsupported child's benefit
30 Period for which orphan's benefit payable [Repealed]
31 Orphan's benefit and unsupported child's benefit to be used for benefit of child
Family benefits
32 Family benefits [Repealed]
33 Residential qualifications for family benefit [Repealed]
34 Rate of family benefits [Repealed]
35 Period for which family benefit payable [Repealed]
36 Advance payments of family benefit [Repealed]
37 Person to whom family benefit payable [Repealed]
38 Family benefit to be expended for maintenance of children [Repealed]
39 Payment of family benefit not to restrict right to maintenance, compensation, or damages [Repealed]
Child disability allowance
39A Child disability allowance
39B Rate of child disability allowance
39C Medical examination may be required
39D Child disability allowance not payable with other benefit or pension
39E Person to whom child disability allowance payable
Invalids' benefits
39F Purpose of invalid's benefit
40 Invalid's benefit
41 Residential qualifications for invalids' benefits [Repealed]
42 Rates of invalids' benefits
42A Obligations on spouse or partner of invalid's beneficiary
43 Subsidy on earnings of blind beneficiaries
44 Medical examination of invalids
44A Beneficiary receiving invalid's benefit may establish whether open employment is sustainable
45 Invalids' beneficiaries may be required to undertake activities [Repealed]
46 Refusal to undertake vocational training [Repealed]
Work capacity assessment
47 Procedure for assessment of capacity for work [Repealed]
48 Assessment of capacity for work [Repealed]
49 Content of assessment [Repealed]
50 Effect of assessment [Repealed]
51 Reassessment [Repealed]
52 Funeral grant on death of miner [Repealed]
53 Miners' widows' benefits [Repealed]
Appeals
53A Right of appeal on medical grounds
Sickness benefits
54 Sickness benefit: standard eligibility requirements
54A Sickness benefit: grounds of hardship
54B Sickness benefit: medical examinations
54C Sickness benefit: payment [Repealed]
54D Rates of sickness benefit
54DA Sickness beneficiary may be required to comply with work test
54E Obligations of spouse or partner of sickness beneficiary
54F Transfer from community wage to sickness benefit on 1 July 2001
55 Rates of sickness benefits [Repealed]
56 Medical examination of applicants for sickness benefits [Repealed]
57 Period for which sickness benefit payable [Repealed]
Unemployment benefits
58 Unemployment benefits [Repealed]
59 Rates of unemployment benefits [Repealed]
59A Mandatory interview or work test for spouse [Repealed]
Young job seekers' allowances
59B Young job seekers' allowances [Repealed]
59C Rates of young job seekers' allowances [Repealed]
59D Spouse of young job seeker's allowance recipient [Repealed]
59E Period for which young job seeker's allowance payable [Repealed]
Young job seeker's allowances
60 Commencement of unemployment benefit, etc [Repealed]
Training benefits
60A Training benefits: purpose [Repealed]
60AA Training benefits: qualifications [Repealed]
60B Rates of training benefits [Repealed]
60C Period for which training benefit payable [Repealed]
60D Job search allowance [Repealed]
60E Rates of job search allowance [Repealed]
60F Independent youth benefits: basic qualifications
60FA Independent youth benefits: single persons
60FB Independent youth benefits: persons who are married, in civil union, or de facto relationship
60FC Independent youth benefits: persons enrolled in full-time course of secondary instruction
60FD Independent youth benefits: sickness, injury, or disability
60G Rates of independent youth benefit
60GAA Period for which independent youth benefit payable
60GAB Independent youth benefits: obligations
60GAC Department to explain obligations to beneficiaries
Further conditions of benefits
60GA Purposes of sections 60H to 60M [Repealed]
60H Voluntary unemployment or loss of employment through misconduct, etc
60HA Work preparation exercise
60HB Effect of failure to attend or participate in mandatory interview [Repealed]
60HC Beneficiaries to be work-tested [Repealed]
60HCA General duty of Director-General to ensure that work-tested beneficiaries aware of obligations [Repealed]
60HD Power of Director-General to grant exemption from mandatory interview or work test [Repealed]
60HE Persons exempted from mandatory interview or work test to notify change of circumstances [Repealed]
60HF Delay of work test obligation for existing beneficiaries [Repealed]
60I Effect of redundancy payments, etc, on entitlement to benefits [Repealed]
60J Failure to comply with work test [Repealed]
60JA Penalty for failure to attend or participate in mandatory interview or comply with work test [Repealed]
60JB Effect of recompliance with mandatory interview or work test [Repealed]
60JC Reduction of benefit or non-entitlement period to end if person ceases to be subject to mandatory interview or work-testing [Repealed]
60K Effect of undertaking employment [Repealed]
60KA Effect of participation in approved activities [Repealed]
60L Effect of sections 60H to 60J and section 60N on entitlement to supplementary benefits and on spouses [Repealed]
60M Community task force scheme [Repealed]
60N Effect of failure to participate in community task force project [Repealed]
60O Interpretation
60P Purpose of sections 60Q to 60Z
60Q Employment plans
60R Developing and reviewing employment plans
60S Beneficiary must demonstrate commitment to employment plan at review
60T Department must explain rights and obligations in relation to employment plans
60U Failure to comply with employment plan obligations
60V Procedure for determining whether failure is without good and sufficient reason
60W Failure without good and sufficient reasons
60X Procedure for imposing sanctions
60Y Sanctions for failure to comply with obligations in relation to employment plan
60Z Effect of compliance or agreement to comply
Emergency benefits
61 Chief executive may grant emergency benefit in cases of hardship
61A Obligations of spouse or partner of person granted emergency benefit
61B Special provisions in respect of additional benefits for dependent children [Repealed]
61C Special powers of Director-General in respect of maintenance
61CA Maintenance payable to Crown
Epidemics
61CB Payment of benefits during epidemic in New Zealand
61CC Granting of emergency benefits during epidemic in New Zealand
61CD During epidemic benefits may be granted without normal investigations
61CE Overseas epidemics affecting visitors to New Zealand
61CF Special assistance for visitors affected by overseas epidemics
61D Interpretation
61DA Restrictions on payment of funeral grants
61DB Payment of funeral grants where there is a surviving spouse or partner or children
61DC Payment of funeral grants where there is no surviving spouse or partner or children
61DD Children's funeral grants
61DE Method of making payments
61DF Method of making payments [Repealed]
61DG Applications for lump sum payments after death [Repealed]
Accommodation supplement
61DH Purpose of accommodation supplement
61E Interpretation
61EA Accommodation supplement
61EB Special rules for joint tenants who are married, in civil union, or de facto relationship
61EC Rates of accommodation supplement
61F Rates of accommodation benefit [Repealed]
61FA Rent rebate entitlement [Repealed]
61FB Rate of rebate [Repealed]
61FC Tenure protection allowance [Repealed]
61FD Rate of tenure protection allowance [Repealed]
Temporary additional support
61G Temporary additional support
Childcare assistance
61GA Childcare assistance
Alteration of rates of benefits
61H Rates of benefits, etc, may be increased by Order in Council
61HA Annual CPI adjustment of rates of certain benefits
61I Areas for accommodation supplement purposes may be altered by Order in Council
Miscellaneous provisions as to monetary benefits
62 Grant of benefit after death of applicant
63 Conjugal status for benefit purposes
63A Provisions relating to children who continue education
64 Mode of ascertaining income for benefit purposes
65 Adjustment of anomalies due to receipt of income subject to income tax [Repealed]
66 Exemption of income from friendly or like society
66A Special exemption for severe disablement
66B Redundancy and retirement payments not to be taken into account in determining rates of benefits
67 Exemption of income from domestic or nursing service [Repealed]
68 Exemption of income from former home property
68A Special provisions applying to insurance payments
69 Power to increase rates of benefits payable to parents of deceased members of the forces or mercantile marine
69A Telephone-rental concessions [Repealed]
69B Television-licence-fee concessions [Repealed]
69C Disability allowance
69D Transition to work allowance [Repealed]
69E Interpretation [Repealed]
69F Financial means assessments [Repealed]
69FA Financial means assessments for home-based disability support services
Overseas pensions
69G Reasonable steps to be taken to obtain overseas pension
69H Information on rate of overseas pension to be provided
69I Duty of chief executive to assist
70 Rate of benefits if overseas pension payable
70A Rates of benefits for sole parents may be reduced
70B Entitlement to benefits in cases of shared custody
71 Special provisions where compensation or damages recoverable by applicant
71A Deduction of weekly compensation from income-tested benefits
72 Limitation where applicant receiving another benefit or war pension
73 Limitation where applicant entitled to claim under Family Protection Act 1955
74 Limitation in certain other cases
74AA Residential requirements for certain benefits
74A Persons unlawfully resident or present in New Zealand
75 Beneficiaries in hospital
75A Beneficiaries in institutions under Alcoholism and Drug Addiction Act 1966
76 Forfeiture of benefit during detention in a prison
77 Effect of absence of beneficiary from New Zealand
78 Effect of absence of beneficiary from New Zealand on residential qualification
79 Persons liable for income tax on earnings while employed overseas deemed to be resident in New Zealand
80 Commencement of benefits
80AA Minister may allow back-dating of benefit where earlier failure to grant it based on error
80A Duty to advise change of circumstances affecting entitlement to benefit
80B Interpretation
80BA Calculation of stand down
80BB Delayed redundancy and retirement payments
80BC Seasonal workers made redundant after benefit commences
80BD Ending of benefits
80C Effect of sections 60H to 60M and section 80BA on entitlement to supplementary benefits and on spouses or partners
80D Benefit applications by claimants under Injury Prevention, Rehabilitation, and Compensation Act 2001
81 Review of benefits
82 Payment of benefits
82A Duty to supply tax file number and consequence of failure to do so
83 Apportionment of benefit between spouses or partners
83A Tax on benefits
84 Benefits to be inalienable
84A Payment of benefit not to restrict right to maintenance
85 Termination of benefit on death of beneficiary [Repealed]
85A Payments that are debts due to the Crown
86 Recovery of payments made in excess of authorised rates
86A Deduction of benefit debts
86B Issue of deduction notice to State sector employer
86C Discharge of debt
86D Deduction notices issued on banks
86E Deductions held in trust
86F Offences in relation to deduction notices
86G Protected earnings
86H Variation or discharge of deduction notice
86I Penalty for late deductions
86J Notices
86K Validation of benefit payments and other payments in respect of certain children in care
Part 1A
Family care grants
[Repealed]
86A Interpretation [Repealed]
86B Family care grants [Repealed]
86C Entitlement to family care grants [Repealed]
86D Rates of family care grants [Repealed]
86E Special family care grants [Repealed]
86F Rates of grants may be altered by Order in Council [Repealed]
86G Person to whom family care grant payable [Repealed]
86H Commencement of family care grants [Repealed]
86I Duration of family care grants [Repealed]
86J Review of grants [Repealed]
86K Cessation of family care grants [Repealed]
86L Renewal of family care grants [Repealed]
86M Duty to advise change of circumstances, etc, affecting entitlement to grant [Repealed]
86N Method of ascertaining income [Repealed]
86O Overpayments [Repealed]
86P Application to family care grants of certain provisions of Part 1 [Repealed]
Part 2
Unemployment benefit and work testing
87 Purposes of this Part [Repealed]
88 Overview of this Part [Repealed]
88A Interpretation
Unemployment benefit
89 Unemployment benefit: standard eligibility requirements
90 Unemployment benefit: grounds of hardship
91 Unemployment benefit: ineligibility
92 Community wage: application on grounds of sickness, injury, or disability [Repealed]
93 Community wage: determination of application [Repealed]
93A Additional fees for general medical services on public holidays and at night [Repealed]
94 Community wage: job seeker contract [Repealed]
94A Rural practice bonuses [Repealed]
95 Job seeker contract for other beneficiaries [Repealed]
96 Community wage: not payable until job seeker contract signed [Repealed]
96A Unemployment benefit: pre-benefit activities
96B Department must explain obligations in relation to pre-benefit activities
97 Unemployment benefit: obligations on beneficiaries
97A Immunisation benefit [Repealed]
98 Unemployment benefit: payment
99 Unemployment benefit: rates
99AA Unemployment benefit: expiry
99AB Unemployment benefit: requirements for re-grant
99A Transfer from community wage to unemployment benefit on 1 July 2001
100 Department's obligations in respect of work testing and community wage [Repealed]
100A Extension of power of use by Crown of patented invention [Repealed]
Work test
101 Purpose of sections 102 to 123D
102 Application of work test
102A Work test obligations
103 Delayed application of work test: age of dependent child [Repealed]
104 Delayed application of work test: bereavement or separation [Repealed]
104A Transitional provision dealing with deferrals
105 Exemption from obligations
Job seeker agreements
[Repealed]
105A Description of job seeker agreement and responsibilities arising from it [Repealed]
105B Entering into and reviewing job seeker agreement [Repealed]
105C Department to explain to beneficiaries their rights and obligations
105D Job seeker contracts to have effect as job seeker agreements [Repealed]
Deferral of work-test obligations
[Repealed]
106 Application for deferral of work-test obligations [Repealed]
107 Chief executive may defer work-test obligations [Repealed]
108 Effect of deferral [Repealed]
109 Persons who are to notify change of circumstances affecting exemption or deferral [Repealed]
Job seeker development activities
[Repealed]
110 Defining job seeker development activities [Repealed]
111 Assistance provided by department
112 Organised activities to have effect as job seeker development activities [Repealed]
Sanctions regime
113 Procedure for imposing sanctions
114 Notices
115 Failure to comply with work test
115A Failure to comply with obligations under section 60GAB
116 Failure to participate in activity under section 60HA [Repealed]
117 Sanctions that may be imposed for failures
118 Penalties for failure to participate in organised activity to satisfaction of chief executive [Repealed]
119 Calculation of failure rate
120 Modified effect in some cases of sanctions on rate of benefit for people married or in civil union or de facto relationship
121 Effect of sanctions on benefit of sole parent
General provisions
122 Meaning of recompliance
123 Effect of ceasing to be subject to obligation to comply with section 60HA or obligations under section 60GAB or work test
123A Effect of employment on non-entitlement period
123B Effect of participation in certain activities on non-entitlement period
123C Application of Health and Safety in Employment Act 1992 and Human Rights Act 1993
123D Regulations
Part 3
General provisions
124 Money payable out of Crown Bank Account
124A Payment of supplementary assistance may be deemed an advance [Repealed]
125 Advances to beneficiaries and war pensioners for repair or maintenance of home, etc [Repealed]
126 Cost of repair and replacement of artificial limbs
126A Information on beneficiaries and former beneficiaries may be disclosed to Department for Courts for fines enforcement purposes
126AB Disclosure of personal information to Registrar-General for birth registration purposes
126B Certain grounds of discrimination in Human Rights Act 1993 not to apply
127 Offences
128 Proceedings for offences
129 General penalty for offences
130 Exemptions from stamp duty [Repealed]
131 Declarations
131A Disclosure of information between Department of Social Welfare and Department of Labour [Repealed]
131B Definitions for purposes of sections 131C and 131D [Repealed]
131C Notice of decision to suspend, reduce, or cancel work-tested benefit [Repealed]
131D Reduction of notice period [Repealed]
131E Notices [Repealed]
131F Jurisdiction of Privacy Commissioner [Repealed]
131G Privacy Commissioner to report on compliance with section 131C [Repealed]
132 Regulations
132AA Regulations exempting items from treatment as income or cash assets may have retrospective effect
132AB Regulations relating to temporary additional support
132A Regulations providing for issue and use of entitlement cards
132AC Regulations relating to childcare assistance
132B Regulations providing for assessment of financial means of people requiring disability services [Repealed]
132C Regulations relating to overseas pensions
132D Regulations exempting income and assets from assessment of financial means of people requiring certain disability services
132E Regulations relating to work capacity assessment [Repealed]
132F Regulations providing for participation allowance
132G Regulations providing for remittance or suspension of debt
132H Rules providing for determination of incomes of certain people by chief executive
132I Rules relating to determination by chief executive of deprivation of property or income
132J Regulations stating pre-benefit activities
132K Regulations relating to advance payments of benefit
133 Annual reports
134 Consequential amendment [Repealed]
135 Repeals and savings
Part 4
Long-term residential care in hospital or rest home
136AA Purpose of this Part
136AB Overview of this Part
136 Interpretation
Needs assessment
137 Needs assessment
138 Effect of being assessed as requiring long-term residential care in hospital or rest home indefinitely
Liability to pay
139 Personal obligation to pay for care
140 Funder's liability in respect of persons whose assets are above applicable asset threshold or who have not been means assessed
141 Funder's liability in respect of persons whose assets are equal to or below applicable asset threshold
142 Funder's liability in respect of exempt persons and elderly victims of crime
143 Residents assessed as requiring care aged 50 to 64 not required to pay out of assets
Means assessment
144 Application for means assessment
145 Date of means assessment
146 Means assessment as to assets
147 Means assessment as to income
147A Deprivation of assets and income
148 Notice of means assessment (including reviews)
149 Obligation to advise change of circumstances and right to apply for review
150 Review of means assessment
151 Conjugal status for purpose of means assessment
Miscellaneous
152 Maximum contributions set by Gazette notice
153 Residential care loan scheme
154 Clothing allowance
155 Regulations relating to this Part
Schedule 1
[Repealed]
Schedule 2
[Repealed]
Schedule 3
Rates of widows' benefits
Schedule 4
Maximum rates of orphans' benefits and unsupported childs' benefits
Schedule 5
Rates of family benefits
[Repealed]
Schedule 6
Rates of invalids' benefits
Schedule 7
Rates of miners' benefits and miners' widows' benefits
[Repealed]
Schedule 8
Rates of benefit payable to person receiving a sickness benefit immediately before 1 July 1998
[Repealed]
Schedule 9
Rates of unemployment benefits and sickness benefits
Schedule 10
Special income exemption in respect of sick benefits from friendly or like society (New Zealand Superannuation payable under section 16, invalids', widows', domestic purposes, and sickness benefits only)
Schedule 11
Special income exemption in respect of earnings from domestic and nursing service
[Repealed]
Schedule 12
Maximum increase in rate of benefit payable to parent of deceased member of forces or mercantile marine
Schedule 13
Enactments repealed
Schedule 14
Child supplements
[Repealed]
Schedule 15
Maximum rate of rehabilitation allowances
[Repealed]
Schedule 16
Rates of domestic purposes benefits
Schedule 17
Rates of domestic purposes benefits
Schedule 18
Accommodation supplement
Schedule 19
Rates of child disability allowance and disability allowance
Schedule 20
Rates of contribution by liable parents to cost of domestic purposes benefit
[Repealed]
Schedule 21
Rates of family care grants
[Repealed]
Schedule 22
Rates of benefits payable to long-term hospital patients
Schedule 23
Transition to work allowance
[Repealed]
Schedule 24
Rates of national superannuation
[Repealed]
Schedule 25
Rate of telephone-service-rental allowance
[Repealed]
Schedule 26
Rates of independent youth benefits
Schedule 27
Means assessment under Part 4
Schedule 28
Period of benefit stand down
Schedule 29
Powers, functions, and discretions of the Director-General that may be delegated to the chief executive of the Department of Labour
[Repealed]
Schedule 30
Method of calculating ability to make payments towards costs of home-based disability support services under section 69FA
Schedule 31
Asset and income limits that may be applied to certain assistance
Social Security (Rates of Benefits and Allowances) Order 2008
Social Security (Rates of Benefits and Allowances) Order 2009
Reprint notes