Reprint as at 1 January 2014

Social Security Act 1964

Public Act1964 No 136
Date of assent4 December 1964
Commencementsee section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Social Development.


Contents

Title

1 Short Title and commencement

Part 1
Purpose, principles, general definitions, examples, and transitional and savings provisions relating to amendments to this Act

1A Purpose

1B Principles

2 Administration [Repealed]

3 Interpretation

3A Delegation of powers by Minister [Repealed]

3B Status of examples

3C Transitional and savings provisions relating to amendments to this Act

4 Social Security Department [Repealed]

Part 1A
Administration: Ministerial directions, reviews, and appeals

Ministerial directions

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6 Social Security Commission [Repealed]

7 Acting Commissioners [Repealed]

8 Commissioners, Acting Commissioners, and other officers to be appointed under State Services Act 1962 [Repealed]

9 Meetings of Commission [Repealed]

10 Delegation of Director-General's powers [Repealed]

Reviews by benefits review committee

10A Review of decisions

Appeals to medical board

10B Right of appeal on medical grounds

Information and information-matching

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

Application process, pre-benefit activities, and investigation of claims for and grants of benefits

11D Application process for benefits

11E Pre-benefit activities: requirements

11F Pre-benefit activities: department must explain requirements

11G Pre-benefit activities: consequences of non-compliance by applicant

11H Pre-benefit activities: consequences of non-compliance by applicant's spouse or partner

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

Appeals to Appeal Authority

12J Rights 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

Appeals to courts

12Q Appeals to High Court on questions of law only

12R Appeals to Court of Appeal

12S Appeals to Supreme Court

13 National superannuation [Repealed]

14 Residential qualification 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]

Part 1B
Sole parent support

20A Sole parent support: meaning of applicant

20B Sole parent support: when dependent child may be regarded as applicant's child

20C Sole parent support: split custody

20D Sole parent support: standard eligibility requirements

20E Sole parent support: obligations on beneficiaries

20F Sole parent support: payment

20G Sole parent support: rate

20H Sole parent support: expiry, and replacement with jobseeker support, when youngest dependent child 14

Widows' benefits

[Repealed]

21 Widows' benefits [Repealed]

21A Widows' benefits: pre-benefit activities [Repealed]

22 Benefits to wives of mental patients [Repealed]

23 Benefits to deserted wives [Repealed]

24 Rates of widows' benefits [Repealed]

25 Special provisions as to benefits to deserted wives [Repealed]

26 Continuation of benefit to deserted wife after divorce [Repealed]

27 Continuation of widow's benefit when benefit ceases to be payable in respect of children [Repealed]

Domestic purposes benefits

[Repealed]

27A Interpretation [Repealed]

27B Domestic purposes benefits for solo parents [Repealed]

27BA Split custody [Repealed]

27C Domestic purposes benefits for women alone [Repealed]

27CA Domestic purposes benefits under section 27B or 27C: pre-benefit activities [Repealed]

27D Applicants for domestic purposes benefits for women alone to meet residential qualifications in section 74AA [Repealed]

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 the sick or infirm [Repealed]

27H Rates of domestic purposes benefits [Repealed]

Part 1C
Orphans' benefits, and unsupported child's benefit

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

[Repealed]

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 payment 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]

Part 1D
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

Part 1E
Supported living payment

40A Supported living payment: purpose

40B Supported living payment: on ground of sickness, injury, disability, or total blindness: eligibility and ineligibility

40C Supported living payment: on ground of sickness, injury, disability, or total blindness: medical examination

40D Supported living payment: on ground of caring for patient requiring care: eligibility

40E Supported living payment: on ground of caring for patient requiring care: medical examination

40F Supported living payment: on ground of sickness, injury, disability, or total blindness: beneficiary's obligations

40G Supported living payment: on ground of sickness, injury, disability, or total blindness: spouse's or partner's obligations

40H Supported living payment: on ground of caring for patient requiring care: beneficiary's obligations

40HA Supported living payment: on ground of caring for patient requiring care: spouse's or partner's obligations

40I Supported living payment: rates

40J Supported living payment: subsidy on totally blind beneficiaries' earnings

40K Supported living payment: on ground of sickness, injury, or disability: encouraging open employment

41 Residential qualifications for invalids' benefits [Repealed]

42 Rates of invalids' benefits [Repealed]

42A Obligations on spouse or partner of invalid's beneficiary [Repealed]

44 Medical examination of invalids [Repealed]

44A Beneficiary receiving invalid's benefit may establish whether open employment is sustainable [Repealed]

45 Invalids' beneficiaries may be required to undertake activities [Repealed]

46 Refusal to undertake vocational training [Repealed]

Work capacity assessment

[Repealed]

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

[Repealed]

53A Right of appeal on medical grounds [Repealed]

Sickness benefits

[Repealed]

54 Sickness benefit: standard eligibility requirements [Repealed]

54A Sickness benefit: grounds of hardship [Repealed]

54B Sickness benefit: medical examinations [Repealed]

54C Sickness benefit: payment [Repealed]

54D Rates of sickness benefit [Repealed]

54DA Sickness beneficiary may be required to comply with work test [Repealed]

54E Obligations of spouse or partner of sickness beneficiary [Repealed]

54F Transfer from community wage to sickness benefit on 1 July 2001 [Repealed]

55 Rates of sickness benefits [Repealed]

56 Medical examination of applicants for sickness benefits [Repealed]

57 Period for which sickness benefit payable [Repealed]

58 Unemployment benefits [Repealed]

59 Rates of unemployment benefits [Repealed]

59A Mandatory interview or work test for spouse [Repealed]

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]

60 Commencement of unemployment benefit, etc [Repealed]

Training benefits

[Repealed]

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 [Repealed]

60FA Independent youth benefits: single persons [Repealed]

60FB Independent youth benefits: persons who are married, in civil union, or de facto relationship [Repealed]

60FC Independent youth benefits: persons enrolled in full-time course of secondary instruction [Repealed]

60FD Independent youth benefits: sickness, injury, or disability [Repealed]

60G Rates of independent youth benefit [Repealed]

60GAA Period for which independent youth benefit payable [Repealed]

60GAB Independent youth benefits: obligations [Repealed]

60GAC Department to explain obligations to beneficiaries [Repealed]

Part 1F
Administration: further conditions of benefits, and obligations on beneficiaries

60GAD Purpose of sections 60GAE and 60GAF

60GAE Beneficiaries having additional dependent child: general

60GAF Chief executive may refrain from applying section 60GAE

60GAG Obligations to work with contracted service providers

60GA Purposes of sections 60H to 60M [Repealed]

60H Voluntary unemployment or loss of employment through misconduct, etc

60HA Work preparation exercise [Repealed]

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 [Repealed]

60P Purposes of section 60Q

60Q Certain obligations may be placed on beneficiaries and their spouses and partners

60R Department to explain obligations to beneficiaries

60RA Social obligations of certain beneficiaries with dependent children

60RAB Social obligations: definitions, work test obligations exemption grounds, and regulations

60RB Social obligations: department must explain requirements

60RC Social obligations: sanctions for failures to comply

60S Beneficiary must demonstrate commitment to employment plan at review [Repealed]

60T Department must explain rights and obligations in relation to employment plans [Repealed]

60U Failure to comply with employment plan obligations [Repealed]

60V Procedure for determining whether failure is without good and sufficient reason [Repealed]

60W Failure without good and sufficient reasons [Repealed]

60X Procedure for imposing sanctions [Not in force]

60Y Sanctions for failure to comply with obligations in relation to employment plan [Repealed]

60Z Effect of compliance or agreement to comply [Repealed]

Part 1G
Emergency benefits

61 Chief executive may grant emergency benefit in cases of hardship

61AA Social obligations of person granted emergency benefit

61A Obligations of spouse or partner of person granted emergency benefit

61B Special provisions in respect of child supplements [Repealed]

Part 1H
Administration: maintenance proceedings, and maintenance payable to the Crown

61C Special powers of chief executive in respect of maintenance

61CA Maintenance payable to Crown

Part 1I
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

Part 1J
Funeral grants

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]

Part 1K
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]

Part 1L
Temporary additional support

61G Temporary additional support

Part 1M
Childcare assistance

61GA Childcare assistance

Part 1N
Administration: rates of benefits, and other provisions on monetary benefits

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-service-rental allowance [Repealed]

69B Television-licence-fee concessions [Repealed]

Part 1O
Disability provisions

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

Part 1P
Administration: overseas pensions, other conditions of benefits, reviews, and payments, debts, and deductions

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

Other conditions of benefits

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

75B Effect on benefit of warrant to arrest beneficiary

76 Forfeiture of benefit during detention in a prison

77 Effect of absence of beneficiary from New Zealand: provisions

77A Effect of absence of beneficiary from New Zealand: department must explain provisions

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

80BE Expiry and re-grant of specified benefits

80BF Requirements for re-grant of specified benefits

80C Effect of work test on entitlement to supplementary benefits and on spouses or partners

80D Benefit applications by claimants under Accident Compensation Act 2001

Reviews, payments, debts, and deductions

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 notices for debt

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 2
Jobseeker support, and administration: assessing work ability, work-testing, and sanctions

87 Purposes of this Part [Repealed]

88 Overview of this Part [Repealed]

88A Interpretation

Jobseeker support

88B Jobseeker support: standard eligibility requirements

88C Jobseeker support: grounds of hardship

88D Jobseeker support: ineligibility

88E Jobseeker support: on ground of sickness, injury, or disability: medical examination

88F Jobseeker support: obligations on beneficiaries

88G Jobseeker support: obligations of spouse or partner of person granted it

88H Jobseeker support: application for deferral of work test obligations

88I Jobseeker support: chief executive's powers and duties to defer work test obligations

88J Jobseeker support: effect of deferral

88K Jobseeker support: deferred or exempted people must notify change of circumstances

88L Jobseeker support: payment

88M Jobseeker support: rates

Unemployment benefit

[Repealed]

89 Unemployment benefit: standard eligibility requirements [Repealed]

90 Unemployment benefit: grounds of hardship [Repealed]

91 Unemployment benefit: ineligibility [Repealed]

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 [Repealed]

96B Department must explain obligations in relation to pre-benefit activities [Repealed]

97 Unemployment benefit: obligations on beneficiaries [Repealed]

97A Immunisation benefit [Repealed]

98 Unemployment benefit: payment [Repealed]

99 Unemployment benefit: rates [Repealed]

99AA Unemployment benefit: expiry [Repealed]

99AB Unemployment benefit: requirements for re-grant [Repealed]

99A Transfer from community wage to unemployment benefit on 1 July 2001 [Repealed]

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 ability assessment

100B Chief executive may require person to undergo assessment

100C Reassessment

100D Assessment or reassessment: department must explain requirements

Work test

101 Purpose of sections 102 to 123D

102 Application of work test

102A Work test obligations

102B Work test obligations: drug testing obligations

102C Work test obligations: drug testing obligations on referral to opportunity of suitable employment

102D Work test obligations: drug testing obligations: challenging sanction based solely on failing screening drug test

102E Work test obligations: drug testing obligations: use and communication of drug test results

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

Obligation to accept offer of employment

[Repealed]

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 [Repealed]

115A Failure to comply with obligations under section 60GAB [Repealed]

116 Failure to participate in activity under section 60HA [Repealed]

116A Failure to comply with obligations under section 60Q(2) [Repealed]

116B Failures to comply with obligations

116C Good and sufficient reasons for specified failures to comply

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

120A Costs incurred by Authority [Repealed]

121 Effect of sanctions on benefit of sole parent

General provisions

122 Meaning of recompliance

122A Recomplying after second failure to comply with drug testing obligations

123 Effect of ceasing to be subject to obligation to comply with work test or section 170 or 171, social obligation, or work preparation obligation

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
Administration: young persons services, welfare programmes and other money payable, preferred suppliers, contracts with administration service providers, artificial limbs, information disclosure, application of Human Rights Act 1993, and offences and general penalty

Young persons services

123E Services to encourage young persons to move to education, training, and employment

123F Chief executive may enter into information-sharing agreement with chief executive of Ministry of Education

123G Consultation on proposed agreement

123H Agreements to be reviewed after 3 years

Welfare programmes and other money payable

124 Money payable out of Crown Bank Account

Preferred suppliers of goods or services for beneficiaries or others

125AA Preferred supply of goods or services for beneficiaries or others

125 Advances to beneficiaries and war pensioners for repair or maintenance of home, etc [Repealed]

Contracts with administration service providers

125A Chief executive may contract with service providers

125B Contracts with service providers: contents and form

125C Release of personal information to and by contracted service provider

125D Information-sharing in relation to young persons

125E Chief executive may adopt existing contracts

125F Information on provision of contracted services to be published

125G Actions of contracted service providers to be treated for certain purposes as if actions of department

125H Operation of certain provisions to be reviewed after 3 years

125I Complaints to Privacy Commissioner

Artificial limbs

126 Cost of repair and replacement of artificial limbs

Information disclosure

126A Information on beneficiaries and former beneficiaries may be disclosed to Ministry of Justice for fines enforcement purposes

126AB Disclosure of personal information to Registrar-General for birth registration purposes

126AC Disclosure to department of warrant to arrest beneficiary for determining effect on benefit

Application of Human Rights Act 1993

126B Certain grounds of discrimination in Human Rights Act 1993 not to apply

Offences and general penalty

127 Offences

128 Time for filing charging document

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]

Part 3A
Administration: regulations and rules, annual reports, and repeals and savings

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

132AD Regulations on use of disability allowance to fund specified expenses

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

132L Regulations relating to effect on benefit of warrant to arrest beneficiary

132M Regulations relating to expiry and re-grant of specified benefits

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

Part 5
Financial support for young people

156 Purpose

157 Interpretation

Youth payment

158 Youth payment: basic criteria

159 Youth payment: single young persons

160 Youth payment: young persons who are or have been married, or in civil union or de facto relationship

161 Youth payment: ground of hardship

162 Youth payment: continuation after age 18

163 Youth payment: rate and components

Young parent payment

164 Young parent payment: basic criteria

165 Young parent payment: single young persons

166 Young parent payment: persons who are or have been married, or in civil union or de facto relationship

167 Young parent payment: ground of hardship

168 Young parent payment: continuation after age 19

169 Young parent payment: rate and components

Obligations

170 Youth support payments: obligations

171 Obligations of spouses and partners of specified beneficiaries

172 Department to explain obligations to young person

Sanction regime

173 Sanctions for failure by young person receiving youth payment to comply with obligations under section 170

174 Sanctions for failure by young person receiving young parent payment to comply with obligations under section 170

175 Effect of sanctions on supplementary benefits

176 Sanctions generally

177 Effect of sanction on young parent payment

178 Incentive payment may be cancelled if young person's actions inconsistent with purpose

Administration

179 Money management in relation to youth support payments: general

180 Young person beneficiaries may elect money management

181 Chief executive may assign contracted service provider to young person

Schedule 1
Rates of superannuation benefits

[Repealed]

Schedule 2
Rates of age benefits

[Repealed]

Schedule 3
Rates of generally abolished former widows' benefits under section 21 as saved by clause 3 of Schedule 32 for reciprocity agreement applicants or recipients

Schedule 3A
Rate of sole parent support

Schedule 4
Maximum rates of orphans' benefits and unsupported childs' benefits

Schedule 5
Rates of family benefits

[Repealed]

Schedule 6
Rates of supported living payment 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 jobseeker support

Schedule 10
Special income exemption in respect of sick benefits from friendly or like society (stated 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 allowance

[Repealed]

Schedule 16
Rates of generally abolished former DPB for solo parents under section 27B as saved by clause 3 of Schedule 32 for reciprocity agreement applicants or recipients

Schedule 17
Rates of domestic purposes benefits

[Repealed]

Schedule 18
Accommodation supplement

Schedule 19
Rates of child disability allowance and disability allowance

Schedule 20
Rates of contributions 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 and component of youth payment and young parent payment, and criteria for incentive payments

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

Schedule 32
Transitional and savings provisions related to amendments to this Act

Social Security Amendment Act 1972

Social Security Amendment Act 1973

Social Security Amendment Act 1975

Social Security Amendment Act 1978

Child Support Act 1991

Social Security Amendment Act (No 3) 1993

Social Security Amendment Act 1994

Social Security Amendment Act 1996

Social Security Amendment Act (No 3) 1996

Social Security Amendment Act (No 4) 1997

Social Security (Personal Development and Employment) Amendment Act 2002

Social Security (Working for Families) Amendment Act 2004

Social Security (Long-term Residential Care) Amendment Act 2004

Social Security Amendment Act 2005

Social Security (Social Assistance) Amendment Act 2005

Social Security (Long-term Residential Care) Amendment Act 2006

Social Security Amendment Act 2007

Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010

Social Security (Youth Support and Work Focus) Amendment Act 2012

Reprint notes


An Act to consolidate and amend the Social Security Act 1938 and its amendments