New Zealand Legislation: Acts

3 Interpretation

• (1) In this Act, unless the context otherwise requires,—

  activity in the community means an activity associated with a community project under the supervision of a sponsor who is contracted by the chief executive to provide the activity

  activity in the community: this definition was inserted, as from 2 July 2007, by section 4(1) Social Security Amendment Act 2007 (2007 No 20). See section 20 of that Act for transitional arrangements for financially disadvantaged people.

  Appeal Authority or Authority means the Social Security Appeal Authority established under section 12A of this Act; and includes any Special Social Security Appeal Authority established under section 12D of this Act

  Appeal Authority: this definition was inserted by section 2(1) Social Security Amendment Act 1973 (1973 No 34).

  Applicant, in relation to any benefit, means a person by whom or on whose behalf an application is made for the benefit; and, where the context so requires, includes a beneficiary

  application means an application for a benefit

  Assessable income

  [Repealed]

  Assessable income: this definition was inserted by section 2 Social Security Amendment Act (No 2) 1991 (1991 No 78) and repealed by section 2 Social Security Amendment Act (No 4) 1991 (1991 No 124).

  Average wage means, at any time, the before tax average ordinary time weekly wage (all sectors, male and female combined) as specified in—

  • (a) The latest Quarterly Employment Survey published by Statistics New Zealand; or

  • (b) If the survey referred to in paragraph (a) of this definition ceases to be published, a survey certified by the Government Statistician as an equivalent survey to the survey referred to in that paragraph:

  Average wage: this definition was inserted, as from 1 April 1997, by section 2(1) Social Security Amendment Act 1996 (1996 No 20).

  Beneficiary means a person who has been granted a benefit; and includes a person in respect of whom a benefit or part of a benefit has been granted

  Beneficiary: proviso repealed, as from 1 April 1991, by section 2(1) Social Security Amendment Act 1991 (1991 No 1).

  Benefit—

  • (a) Means a monetary benefit payable under this Part or Part 2; and

  • (aa) [Repealed]

  • (b) Includes—

    • (i) New Zealand superannuation payable under the New Zealand Superannuation and Retirement Income Act 2001 and veterans' pensions payable under Part 6 of the War Pensions Act 1954:

    • (ia) [Repealed]

    • (ii) a living alone payment payable under the New Zealand Superannuation and Retirement Income Act 2001 and a living alone payment payable under Part 6 of the War Pensions Act 1954:

    • (iii) An accommodation supplement payable under section 61EA of this Act:

    • (iv) A child disability allowance under section 39A:

    • (iva) childcare assistance payable under section 61GA:

    • (ivb) temporary additional support payable under section 61G:

    • (v) a disability allowance payable under section 69C of this Act but

    • (va) [Repealed]

    • (vi) [Repealed]

    • (vii) [Repealed]

    • (viii) [Repealed]

  • (c) Does not include a lump sum payable under section 61DB or section 61DC or section 61DD of this Act:

  Benefit: this definition was amended, as from 14 November 1973, by inserting “; and includes an additional amount payable under section 61A of this Act”.

  Benefit: this definition was substituted, as from 25 July 1990, by section 2(1) Social Security Amendment Act No 2 1990 (1990 No 74).

  Benefit: paragraph (a) was amended, as from 1 July 2001, by section 13(1) Social Security Amendment Act 2001 (2001 No 1) by substituting “or Part 2” for “of this Act”.

  Benefit: paragraph (aa) was inserted, as from 1 October 1998, by section 18(3) Social Security Amendment Act 1998 (1998 No 19).

  Benefit: paragraph (aa) was repealed, as from 1 July 2001, by section 13(2) Social Security Amendment Act 2001 (2001 No 1).

  Benefit: paragraph (b)(i) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting “and New Zealand superannuation payable under the New Zealand Superannuation Act 2001”.

  Benefit: paragraph (b)(i) was substituted, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18).

  Benefit: paragraph (b)(i) of this definition was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.

  Benefit: paragraph (b)(ia) was inserted, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

  Benefit: paragraph (b)(ia) was repealed, as from 15 April 2005, by section 3(1) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

  Benefit: paragraph (b)(ii) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting “and a living alone payment payable under the New Zealand Superannuation Act 2001”.

  Benefit: paragraph (b)(ii) was substituted, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18).

  Benefit: paragraph (b)(ii) of this definition was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.

  Benefit: paragraph (b)(iii) was substituted, as from 1 July 1993, by section 2(1) Social Security Amendment Act (No 3) 1993 (1993 No 57)

  Benefit: paragraph (b)(iv) was substituted, as from 1 September 1998, by section 11(2) Social Security Amendment Act 1998 (1998 No 19).

  Benefit: paragraph (b)(iva) was inserted, as from 4 October 2004, by section 11(2) Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

  Benefit: paragraph (b)(v) was substituted, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23).

  Benefit: paragraph (b)(v) was repealed, as from 1 October 1998, by section 18(4) Social Security Amendment Act 1998 (1998 No 19).

  Benefit: a new paragraph (b)(v) was inserted, as from 17 November 2000, by section 7(1) Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22). See clause 2 Housing Restructuring (Income-Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).

  Benefit: paragraph (b)(va) was inserted, as from 26 October 1992, by section 2 Social Security Amendment Act (No 3) 1992. See regulation 2 Social Security Amendment Act Commencement Order 1992 (SR 1992/295).

  Benefit: paragraph (b)(va) to (viii) were repealed, as from 17 November 2000, by section 7(1) Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22). See clause 2 Housing Restructuring (Income-Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).

  Capacity for work means, in relation to any person, the person's capacity to engage in employment, as determined having regard to any sickness, injury, or disability the person may have

  Capacity for work: this definition was inserted, as from 1 September 1998, by section 11(1) Social Security Amendment Act 1998 (1998 No 19).

  Ceased, in relation to a person's employment, means—

  • (a) Subject to paragraph (b) of this definition, the date on which the person's employment terminates; or

  • (b) If in relation to the termination of employment the person receives—

    • (i) Any payment in lieu of notice terminating the employment of the person; or

    • (ii) Any holiday pay; or

    • (iii) Any payment in lieu of accumulated leave; or

    • (iv) Any payment contingent on the completion of a fixed-term engagement; or

    • (v) Any retirement payment (as defined in section 80B(3) of this Act),—

  a date which is the number of days (excluding Saturdays and Sundays) after the date on which the person's employment terminated which is equal to the nearest whole number produced by dividing the aggregate amount of any such payments by the amount of the person's normal daily wage or salary before termination of his or her employment

  Ceased: this definition was inserted, as from 1 March 1991, by section 2(3) Social Security Amendment Act 1991 (1991 No 1)

  Ceased: this definition was substituted, as from 30 November 1992, by section 2(1) Social Security Amendment Act (No 4) 1992 (1992 No 99)

  Ceased: this definition was amended, as from 1 January 1994, by section 2 Social Security Amendment Act 1993 (1993 No 14) by substituting “engagement; or” for “engagement,—”, and by inserting paragraph (b)(v).

  Chief executive means, subject to any enactment, the chief executive of the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

  Chief executive: this definition was inserted, as from 1 September 1998, by section 11(1) Social Security Amendment Act 1998 (1998 No 19).

  Chief executive: this definition was substituted, as from 1 October 1998, by section 11 Employment Services and Income Support Integrated Administration) Act 1998 (1998 No 96).

  Child means a single person under the age of 18 years, other than a person who is—

  • (a) Aged 16 years or 17 years; and

  • (b) Financially independent:

  Child: this definition was substituted, as from 1 October 1982, by section 2(1) Social Security Amendment Act 1982 (1982 No 16).

  Child: this definition was substituted, as from 1 March 1991, by section 2(2) Social Security Amendment Act 1991 (1991 No 1).

  Child: this definition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “a single” for “an unmarried”.

  Commission

  [Repealed]

  Commission: this definition was repealed, as from 23 June 1987, by section 2(1)(a) Social Security Amendment Act 1987 (1987 No 106).

  Commonwealth country means a country that is a member of the Commonwealth of Nations; and includes every territory for whose international relations the Government of any such country is responsible

  Community task force project

  [Repealed]

  Community task force project: this definition was inserted, as from 1 August 1991, by section 2 Social Security Amendment Act (No 2) 1991 (1991 No 78)).

  Community task force project: this definition was repealed, as from 1 October 1998, by section 18(5) Social Security Amendment Act 1998 (1998 No 19).

  Community wage

  [Repealed]

  Community wage: this definition was inserted, as from 1 October 1998, by section 18(1) Social Security Amendment Act 1998 (1998 No 19).

  Community wage: this definition was repealed, as from 1 July 2001, by section 13(9) Social Security Amendment Act 2001 (2001 No 1).

  Community wage earner

  [Repealed]

  Community wage earner: this definition was inserted, as from 1 October 1998, by section 18(1) Social Security Amendment Act 1998 (1998 No 19).

  Community wage earner: this definition was repealed, as from 1 July 2001, by section 13(9) Social Security Amendment Act 2001 (2001 No 1).

  Contract of insurance includes a contract or an arrangement that, in the opinion of the chief executive, is similar to or analogous with a contract of insurance

  Contract of insurance: this definition was inserted by section 3(1) Social Security Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for benefits lodged as from 2 October 1994; and (b) applications for benefits lodged, but which have not been granted, before 2 October 1994. See sections 8 and 9 of that Act for the transitional and savings provisions.

  Contract of insurance: this definition was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “chief executive” for “Director-General”.

  date of first contact, in relation to a person's application for a benefit, means the date on which the department first received from the person (or some other person acting on the person's behalf) the oral or written request for financial assistance that led to the making of the application

  Debt insurance payment, in relation to a person, means a payment made, or the value of any credit provided, on the occurrence of a contingency—

  • (a) Under a contract of insurance or by reason of the person's membership of any society, organisation, or body whether corporate or unincorporate; and

  • (b) To the person or to some other person on behalf of or for the benefit of the person; and

  • (c) For the sole purpose of, and used for, repaying or paying any amounts on account of any existing debt of the person:

  Debt insurance payment: this definition was inserted by section 3(1) Social Security Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for benefits lodged as from 2 October 1994; and (b) applications for benefits lodged, but which have not been granted, before 2 October 1994. See sections 8 and 9 of that Act for the transitional and savings provisions.

  dentist means a health practitioner who is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dentistry

  dentist: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

  Department means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

  Department: this definition was substituted, as from 1 April 1990, by section 34(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

  Department: this definition was substituted, as from 1 October 1998, by section 11 Employment Services and Income Support Integrated Administration) Act 1998 (1998 No 96).

  Dependent child, in relation to any person, means a child—

  • (a) Whose care is primarily the responsibility of that person; and

  • (b) Who is being maintained as a member of that person's family; and

  • (c) Who is financially dependent on that person; and

  • (d) Who is not a child in respect of whom payments are being made under section 363 of the Children, Young Persons, and Their Families Act 1989—

  but, for the purposes of Schedule 3, Schedules 6, 8, and 9, Schedule 16, and Schedules 17 and 18, does not include a child in respect of whom an orphan's benefit or an unsupported child's benefit is being paid

  Dependent child: this definition was substituted, as from 1 March 1991, by section 2(2) Social Security Amendment Act 1991 (1991 No 1).

  Dependent child: this definition was amended, as from 1 February 1999, by section 58(2) Social Security Amendment Act 1998 (1998 No 19) by substituting “Schedule 3, Schedules 6, 8, and 9, Schedule 16, and Schedules 17 and 18” for “Schedules 3, 6, 8, 9, and 16 to 18 to this Act”. See section 78 of that Act as to the various application dates of this amendment. It is suggested that the word “the”, where it appears immediately before the substituted words, should also be omitted.

  Director-General

  [Repealed]

  Director-General: this definition was inserted, as from 23 June 1987, by section 2(1)(b) Social Security Amendment Act 1987 (1987 No 106).

  Director-General: this definition was substituted, as from 1 April 1990, by section 34(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

  Director-General: this definition was repealed, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

  disability services has the same meaning as disability support services in section 6(1) of the New Zealand Public Health and Disability Act 2000

  disability services: this definition was inserted, as from 30 June 1993, by section 3(3) Social Security Amendment Act (No 3) 1993 (1993 No 57).

  disability services: this definition was substituted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).

  district health board means a district health board established by or under section 19 of the New Zealand Public Health and Disability Act 2000

  district health board: this definition was inserted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).

  Document means a document in any form; and includes—

  • (a) Any writing on any material:

  • (b) Any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:

  • (c) Any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:

  • (d) Any book, map, plan, graph, or drawing:

  • (e) Any photograph, film, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced:

  Document: this definition was inserted, as from 30 June 1993, by section 3(3) Social Security Amendment Act (No 3) 1993 (1993 No 57).

  domestic epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006 stating that the application of this Act is modified in order to deal with the practical effects of the outbreak of the disease referred to in the notice

  domestic epidemic management notice: this definition was inserted, as from 19 December 2006, by section 4 Social Security Amendment Act 2006 (2006 No 90).

  Employment means paid employment

  Employment: this definition was inserted, as from 1 September 1998, by section 11(1) Social Security Amendment Act 1998 (1998 No 19).

  employment required to satisfy the work test means employment of a kind described in section 102(4)

  Employment required to satisfy the work test: this definition was inserted, as from 1 October 1998, by section 2(1) Social Security (Work Test) Amendment Act 1998 (1998 No 94).

  Employment required to satisfy the work test: this definition was substituted, as from 2 July 2007, by section 4(1) Social Security Amendment Act 2007 (2007 No 20). See section 20 of that Act for transitional arrangements for financially disadvantaged people.

  Existing debt, in relation to a person, means a debt or liability of the person in existence on the date on which a contingency occurs that gives rise to a right or eligibility of the person to receive a payment under a contract of insurance or by reason of the person's membership of any society, organisation, or body whether corporate or unincorporate whether or not the debt or liability is due for payment on that date; but does not include a liability in connection with the future supply of goods or services or transport or accommodation to the person or a member of his or her family

  Existing debt: this definition was inserted by section 3(1) Social Security Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for benefits lodged as from 2 October 1994; and (b) applications for benefits lodged, but which have not been granted, before 2 October 1994. See sections 8 and 9 of that Act for the transitional and savings provisions.

  Family maintenance allowance

  [Repealed]

  Family maintenance allowance: this definition was repealed, as from 20 October 1972, by section 2 Social Security Amendment Act 1972 (1972 No 133).

  Financially independent, in relation to a person, means—

  • (a) In full employment; or

  • (b) In receipt of a basic grant or an independent circumstances grant under the Student Allowances Regulations 1998 (SR 1998/277); or

  • (c) In receipt of payments under a Government-assisted scheme which the chief executive considers analogous to a benefit; or

  • (d) In receipt of a benefit under this Act:

  Financially independent: this definition was inserted, as from 1 March 1991, by section 2(2) Social Security Amendment Act 1991 (1991 No 1).

  Financially independent: this definition was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “chief executive” for “Director-General”.

  Financially independent: the reference to the “Student Allowance Regulations 1998” was substituted, as from 1 October 1998, for a reference to the “Student Allowances Regulations 1991”, pursuant to regulation 49 Student Allowance Regulations 1998.

  Financially independent: paragraph (d) of this definition was amended, as from 17 November 2000, by section 7(1) Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22) by omitting “this Part of”. See clause 2 Housing Restructuring (Income-Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).

  Friendly society means any friendly society or branch thereof registered under the Friendly Societies and Credit Unions Act 1982

  Friendly Society: this definition was amended by substituting the reference to the “Friendly Societies and Credit Unions Act 1982 (1982 No 118)” for a reference to the repealed Friendly Societies Act 1909.

  Full employment or full-time employment, in relation to any person, means—

  • (a) Employment under a contract of service or apprenticeship which requires the person to work, whether on time or piece rates, no less than an average of 30 hours each week; or

  • (b) Self-employment of the person in any business, profession, trade, manufacture, or undertaking carried on for pecuniary profit for no less than an average of 30 hours each week; or

  • (c) Employment of the person for any number of hours which is regarded as full-time employment for the purposes of any award, agreement, or contract relating to that employment:

  Full employment: this definition was inserted, as from 1 October 1986, by section 2(3) Social Security Amendment Act 1986 (1986 No 39).

  Full employment: this definition was amended, as from 1 October 1998, by section 18(6) Social Security Amendment Act 1998 (1998 No 19) by substituting “Full employment or full-time employment”: for “Full employment”.

  Full-time student means a person enrolled in a full-time course within the meaning of the Student Allowances Regulations 1998, and includes a person who, during an academic year that has just ended or is about to end, was so enrolled and who intends to so enrol in the next academic year

  Full-time student: this definition was inserted, as from 1 October 1998, by section 18(1) Social Security Amendment Act 1998 (1998 No 19).

  The reference to the “Student Allowances Regulations 1998” replaced, as from 1 October 1998, an earlier reference to the “Student Allowances Regulations 1991”.

  funder has the same meaning as in section 20 of the Health and Disability Services Act 1993

  funder: this definition was inserted, after the definition of Friendly society, as from 15 November 2000, by section 3(1) Social Security Amendment Act 2000 (2000 No 81).

  Government occupational pension—

  • (a) Means a benefit, pension, or periodical allowance paid by or on behalf of the Government of any country to a person by reason of—

    • (i) A period of employment, direct or indirect, by that Government of that person or that person's deceased spouse or partner or that person's deceased parent; or

    • (ii) A period of service to that Government (including, without limitation, service in the armed forces, service in the police, and service as a judicial officer or other person acting judicially) by that person or that person's deceased spouse or partner or that person's deceased parent; but

  • (b) Does not include any part of that benefit, pension, or periodical allowance that is paid by the Government of that country by reason of anything other than that period of employment or service; and

  • (c) Does not include any part of that benefit, pension, or periodical allowance to which the Government of that country contributes by reason of anything other than that period of employment or service; and

  • (d) does not include a benefit, pension, or periodical allowance of the kind set out in paragraph (a) if the person would have been entitled to receive a similar benefit, pension, or periodical allowance paid by, or on behalf of, the Government of that country under a scheme or other arrangement in respect of persons who were not employees or in the service of that Government.

  Government occupational pension: this definition was inserted, as from 2 October 1996, by section 2 Social Security Amendment Act (No 6) 1996 (1996 No 157).

  Government occupational pension: paragraph (a)(i) and (ii) of this definition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.

  Government occupational pension: paragraph (c) of this definition was amended, as from 24 April 2002, by section 10 Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8) by adding the word “; and”.

  Government occupational pension: paragraph (d) of this definition was inserted, as from 24 April 2002, by section 10 Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).

  Guaranteed retirement income

  [Repealed]

  Guaranteed retirement income: this definition was inserted by section 14(3) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) and repealed, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149). The words “guaranteed retirement income” were substituted for “national superannuation”, as from 1 April 1992, pursuant to section 2(1) Social Welfare (Transitional Provisions) Amendment Act (No 2) 1991 (1991 No 77).

  Health or disability insurance payment, in relation to a person, means a payment made, or the value of any credit or service provided, on the occurrence of a contingency—

  • (a) Under a contract of insurance, or by reason of the person's membership of any society, organisation, or body whether corporate or unincorporate, that provides for the payment or reimbursement of the costs of health or disability care for the person or a member of his or her family; and

  • (b) To the person or to some other person on behalf of or for the benefit of the person or a member of his or her family—

  and used for paying or reimbursing those costs

  Health or disability insurance payment: this definition was inserted by section 3(1) Social Security Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for benefits lodged as from 2 October 1994; and (b) applications for benefits lodged, but which have not been granted, before 2 October 1994. See sections 8 and 9 of that Act for the transitional and savings provisions.

  hospital means a hospital care institution as defined in section 58(4) of the Health and Disability Services (Safety) Act 2001

  hospital: this definition was inserted, as from 1 July 2005, by section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101). See sections 7 to 11 of that Act for the transitional provisions.

  Income, in relation to any person,—

  • (a) Means any money received or the value in money's worth of any interest acquired, before income tax, by the person which is not capital (except as hereinafter set out); and

  • (b) Includes, whether capital or not and as calculated before the deduction (where applicable) of income tax, any periodical payments made, and the value of any credits or services provided periodically, from any source for income-related purposes and used by the person for income-related purposes; and

  • (c) Except where section 71A(2) applies, includes, whether capital or not and as calculated before the deduction (where applicable) of income tax,—

    • (i) Any periodical income-related insurance payments; and

    • (ii) Any lump sum income-related insurance payment to the extent of the income lost by the person as a result of, and within a period of 10 weeks from, the occurrence of the contingency in respect of which the payment was made; and

    • (iii) Any payment referred to in subparagraph (i) or subparagraph (ii) which the person would have been entitled to receive under an accident insurance contract within the meaning of section 13 of the Accident Insurance Act 1998 but for the existence of a risk sharing agreement referred to in section 185 of that Act (as it read immediately before its repeal by section 7 of the Accident Insurance Amendment Act 2000); and

  • (d) Includes—

    • (i) Any payment relating to a situation involving a seasonal layoff:

    • (ii) Any payment contingent on the completion of either a fixed-term engagement or an engagement to complete work specified in a contract:

    • (iii) Any payment in lieu of notice terminating employment:

    • (iv) Any payment (including holiday pay) which, if it had not been made in relation to termination of employment, would, in the opinion of the chief executive, have been paid so as to constitute monetary remuneration of the employee:

    • (iva) any parental leave payments paid under Part 7A of the Parental Leave and Employment Protection Act 1987:

    • (v) Any payment in relation to termination of employment made by a company pursuant to its articles of association or constitution to any of its directors; and

  • (e) Includes, as calculated before the deduction (where applicable) of income tax, the value of any goods, services, transport, or accommodation supplied on a regular basis to the person by any other person; but—

  • (f) Does not include—

    • (i) Any benefit, grant, allowance, or concession received under this Act or the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or the New Zealand Superannuation and Retirement Income Act 2001, including the value of any benefit under Part 2 of this Act:

    • (ii) Any pension or allowance under the War Pensions Act 1954 received by any person by reason of his or her own disablement:

    • (iii) Any pension received under Part 2 or Part 4 or Part 5 of the War Pensions Act 1954 by the surviving spouse or partner of a deceased member of the New Zealand or any other Commonwealth forces or of the Emergency Reserve Corps or of the New Zealand mercantile marine in respect of the death of that member:

    • (iv) Any pension or other periodical allowance or any part thereof received by any person from the Government of any Commonwealth country (other than New Zealand) which the chief executive determines is analogous to a pension or allowance specified in subparagraph (ii) or subparagraph (iii) of this paragraph:

    • (iva) The value of any assistance of a kind approved by the chief executive provided to a person with a sickness, injury, or disability to obtain or remain in employment:

    • (v) Any money received by way of funeral benefit from any friendly society:

    • (va) A participation allowance:

    • (vi) Any money paid in respect of any military decoration and received by the recipient of such decoration:

    • (vii) Any money received by the Commissioner of Inland Revenue by way of child support which is not required to be paid to the person under the Child Support Act 1991:

    • (viii) Any money received by the Commissioner of Inland Revenue by way of child support which is paid to the person under section 142 of the Child Support Act 1991:

    • (ix) Any money received by way of an independence allowance under section 54 of the Accident Rehabilitation and Compensation Insurance Act 1992 or Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998, or any impairment lump sum received under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001:

    • (x) Any amount of output tax charged in respect of a supply of goods and services made by that person:

    • (xi) Any amount of goods and services tax payable by the Commissioner of Inland Revenue to that person:

    • (xii) Any debt insurance payment or any health or disability insurance payment.

    • (xiii) Any money received under the Children, Young Persons, and Their Families Act 1989 in respect of the care of a child or young person (as those terms are defined in that Act):

    • (xiv) Any lump sum payment received by the person—

      • (A) under a contract of insurance on the life of the person's deceased spouse or partner; or

      • (B) Where the person is a dependent child, under a contract of insurance on the life of his or her deceased parent or step-parent; or

      • (C) Under any superannuation scheme, not being a payment which the chief executive considers, having regard to the matters specified in subsection (4), is for an income-related purpose; or

    • (xv) Any part of a lump sum income-related insurance payment received on the occurrence of a contingency by an applicant for a benefit that has been used or committed by the applicant—

      • (A) To repay or pay any amounts on account of existing debt of the applicant; or

      • (B) To pay any essential costs arising as a consequence of the applicant's health or disability (being costs arising from the contingency in respect of which the payment was made) to the extent that assistance towards those costs is not available under this Act or any other Act:

    • (xvi) any income-related rent within the meaning of section 42(1) of the Housing Restructuring and Tenancy Matters Act 1992:

    • (xvii) any specified item or amount of income, or income from a specified source, that is declared not to be income for the purposes of this Act by regulations made under section 132.

    • (xviii) any tax credit or amount received under subparts MA to MF and MZ of the Income Tax Act 2007 or subpart KD of the Income Tax Act 2004 or subpart KD of the Income Tax Act 1994 or under Part 11A of the Income Tax Act 1976

  Income-related insurance payment, in relation to a person, means a payment, or the value of any credit or service, that, in the opinion of the chief executive, having regard to the matters specified in subsection (4) of this section, is—

  • (a) Made or provided on the occurrence of a contingency under a contract of insurance or by reason of the person's membership of any society, organisation, or body whether corporate or unincorporate; and

  • (b) Made or provided to the person or to some other person on behalf of or for the benefit of the person or a member of his or her family; and

  • (c) Made or provided or used for an income-related purpose:

  Income-related insurance payment: inserted by section 3(1) Social Security Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for benefits lodged as from 2 October 1994; and (b) applications for benefits lodged, but which have not been granted, before 2 October 1994. See sections 8 and 9 of that Act for the transitional and savings provisions.

  Income-related insurance payment: this definition was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “chief executive” for “Director-General”.

  Income-related purpose, in relation to any person, means the purpose of—

  • (a) Replacing lost or diminished income; or

  • (b) Maintaining the person or a member of his or her family; or

  • (c) Purchasing goods or services for the person or a member of his or her family, being goods or services of a kind that are commonly paid for from income; or

  • (d) Enabling the person to make payments that he or she is liable to make and that are commonly made from income:

  Income-related purpose: this definition was inserted by section 3(1) Social Security Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for benefits lodged as from 2 October 1994; and (b) applications for benefits lodged, but which have not been granted, before 2 October 1994. See sections 8 and 9 of that Act for the transitional and savings provisions.

  Income tax means income tax under the Income Tax Act 2007

  Income Test 1 means that the applicable rate of benefit shall be reduced—

  • (a) By 30 cents for every $1 of the total income of the beneficiary and his or her spouse or partner which is more than $80 a week but not more than $180 a week; and

  • (b) By 70 cents for every $1 of that income which is more than $180 a week:

  Income Test 1, Income Test 2, Income Test 3, Income Test 4 and Income Test 5: these definitions were inserted, as from 1 July 1996, by section 2(2) Social Security Amendment Act 1996 (1996 No 20).

  Income Test 1: paragraph (a) of this definition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.

  Income Test 2 means that the applicable rate of benefit shall be reduced—

  • (a) By 15 cents for every $1 of the total income of the beneficiary and his or her spouse or partner which is more than $80 a week but not more than $180 a week; and

  • (b) By 35 cents for every $1 of that income which is more than $180 a week:

  Income Test 1, Income Test 2, Income Test 3, Income Test 4 and Income Test 5: these definitions were inserted, as from 1 July 1996, by section 2(2) Social Security Amendment Act 1996 (1996 No 20).

  Income Test 2: paragraph (a) of this definition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.

  Income Test 3 means that the applicable rate of benefit shall be reduced by 70 cents for every $1 of the total income of the beneficiary and his or her spouse or partner which is more than $80 a week

  Income Test 1, Income Test 2, Income Test 3, Income Test 4 and Income Test 5: these definitions were inserted, as from 1 July 1996, by section 2(2) Social Security Amendment Act 1996 (1996 No 20).

  Income Test 3: this definition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.

  Income Test 4 means that the applicable rate of benefit shall be reduced by 35 cents for every $1 of the total income of the beneficiary and his or her spouse or partner which is more than $80 a week

  Income Test 1, Income Test 2, Income Test 3, Income Test 4 and Income Test 5: these definitions were inserted, as from 1 July 1996, by section 2(2) Social Security Amendment Act 1996 (1996 No 20).

  Income Test 4: this definition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.

  Income Test 5 means that the applicable rate of benefit shall be reduced by 70 cents for every $1 of the total income of the beneficiary which is more than $80 a week

  Income Test 1, Income Test 2, Income Test 3, Income Test 4 and Income Test 5: these definitions were inserted, as from 1 July 1996, by section 2(2) Social Security Amendment Act 1996 (1996 No 20).

  Income-tested benefit means any of the following benefits

  • (a) an unemployment benefit:

  • (aa) a sickness benefit:

  • (b) A domestic purposes benefit:

  • (c) An emergency benefit:

  • (d) An independent youth benefit:

  • (e) An invalid's benefit:

  • (f) New Zealand superannuation payable at the appropriate rate in clause 2 of Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001 or a veterans' pensions payable—

    • (i) at the appropriate rate in clause 1 of Schedule 11 of the War Pensions Act 1954 if the pension is subject to abatement under section 74D of that Act; or

    • (ii) at the appropriate rate in clause 2 of Schedule 11 of the War Pensions Act 1954:

  • (g) An orphan's benefit:

  • (h) [Repealed]

  • (i) An unsupported child's benefit:

  • (j) A widow's benefit:

  Income-tested benefit: this definition was inserted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114).

  “Income-tested benefit”: paragraph (a) of this definition was substituted, and paragraph (aa) was inserted, as from 1 July 2001, by section 13(3) Social Security Amendment Act 2001 (2001 No 1).

  Income-tested benefit: paragraph (f) of this definition was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting the words “or at the rate in clause 2 of Schedule 1 of the New Zealand Superannuation Act 2001”.

  Income-tested benefit: paragraph (f) of this definition was substituted, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18).

  Income-tested benefit: paragraph (f) of this definition was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.

  Income-tested benefit: paragraph (h) was repealed, as from 15 April 2005, by section 3(2) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

  Job seeker contract

  [Repealed]

  Job seeker contract: this definition was inserted, as from 1 October 1998, by section 18(1) Social Security Amendment Act 1998 (1998 No 19).

  Job seeker contract: this definition was repealed, as from 1 July 2001, by section 13(9) Social Security Amendment Act 2001 (2001 No 1).

  Living with a parent, in relation to a person,—

  • (a) Means living in the same home as a parent of the person; but

  • (b) Does not include a situation in which a person lives in the same home as a parent of the person where—

    • (i) The parent is financially dependent on the person; or

    • (ii) The person, at his or her own expense, provides accommodation for the parent in the home; or

    • (iii) The person provides a substantial degree of care to the parent; or

    • (iv) The home is a hostel, boardinghouse, or similar lodging, and the person and the parent pay for accommodation in it:

  Living with a parent: this definition was inserted, as from 1 July 1998, by section 2(2) Social Security Amendment Act 1998 (1998 No 19).

  married rate, in relation to New Zealand superannuation, means the aggregate rate payable to a couple who are married, in a civil union, or in a de facto relationship, both of whom are entitled to receive New Zealand superannuation

  Married rate: this definition was inserted, as from 9 February 1977, by section 2(2) Social Security Amendment Act 1976 (1976 No 40).

  married rate: this definition was substituted, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).

  Married rate: this definition was substituted, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21).

  medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

  Medical practitioner: this definition was amended by substituting the reference to the Medical Practitioners Act 1968 (1968 No 46) for a reference to the repealed Medical Practitioners Act 1950. That reference was in turn substituted, as from 1 July 1996, by a reference to the Medical Practitioners Act 1995.

  medical practitioner: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

  midwife means a health practitioner who is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery

  midwife: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

  Minister, in relation to any provisions of this Act, means, subject to any enactment, the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of those provisions

  Minister: this definition was inserted, as from 1 October 1998, by section 11 Employment Services and Income Support (integrated Administration) Act 1998 (1998 No 96).

  National superannuation

  [Repealed]

  Net average wage

  [Repealed]

  Net average wage: this definition was inserted, as from 1 March 1991, by section 2(3) Social Security Amendment Act 1991 (1991 No 1).

  Net average wage: this definition was repealed, as from 1 April 1997, by section 2(3) Social Security Amendment Act 1996 (1996 No 20).

  New Zealand superannuation means New Zealand superannuation payable under the New Zealand Superannuation and Retirement Income Act 2001

  New Zealand superannuation: this definition was inserted, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

  New Zealand superannuation: this definition was substituted, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84).

  New Zealand superannuation: this definition was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.

  Non-entitlement period, in relation to a person, means a period when the person is not entitled to a benefit because he or she—

  • (a) Became voluntarily unemployed; or

  • (b) Lost his or her employment, or position on a scheme, through misconduct; or

  • (c) [Repealed]

  • (d) Failed to comply with the work test:

  • (e) failed to comply with an obligation under section 60GAB

  nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions

  nurse: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

  occupational therapist means a health practitioner who is, or is deemed to be, registered with the Occupational Therapy Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of occupational therapy

  occupational therapist: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

  Open employment means employment other than sheltered employment

  Open employment: this definition was inserted, as from 1 September 1998, by section 11(1) Social Security Amendment Act 1998 (1998 No 19).

  Ordinarily resident, in relation to any person, does not include being unlawfully resident in New Zealand

  Ordinarily resident: this definition was inserted, as from 1 March 1991, by section 2(3) Social Security Amendment Act 1991 (1991 No 1).

  Organised activity

  [Repealed]

  Organised activity: this definition was inserted, as from 1 October 1998, by section 2(1) Social Security (Work Test) Amendment Act 1998 (1998 No 94).

  Organised activity: this definition was repealed, as from 1 July 2001, by section 13(9) Social Security Amendment Act 2001 (2001 No 1).

  overseas epidemic management notice means a notice under section 61CE

  overseas epidemic management notice: this definition was inserted, as from 19 December 2006, by section 4 Social Security Amendment Act 2006 (2006 No 90).

  Overseas pension—

  • (a) Means a benefit, pension, or periodical allowance of a kind described in section 70(1) of this Act; but

  • (b) Does not include a benefit, pension, or periodical allowance of a kind referred to in the proviso to section 70(1) of this Act; and

  • (c) Does not include a Government occupational pension:

  Overseas pension and Overseas pensioner: these definitions were inserted, as from 2 October 1996, by section 2 Social Security Amendment Act (No 6) 1996 (1996 No 157).

  Overseas pensioner means a person to whom an overseas pension has been granted

  Overseas pension and Overseas pensioner: these definitions were inserted, as from 2 October 1996, by section 2 Social Security Amendment Act (No 6) 1996 (1996 No 157).

  Parent, for the purposes of the definition of the term living with a parent, means a parent, or a guardian, or a person acting as a parent

  Parent: this definition was inserted, as from 1 July 1998, by section 2(2) Social Security Amendment Act 1998 (1998 No 19).

  Participation allowance means a participation allowance under regulations made under section 132F

  Participation allowance: this definition was inserted, as from 1 October 1998, by section 18(1) Social Security Amendment Act 1998 (1998 No 19).

  Part-time work means work that averages not less than 15 hours a week when calculated over a period of the preceding 3 months—

  • (a) Under a contract of service, whether on time or piece rates; or

  • (b) As a self-employed person in any business, profession, trade, manufacture, or undertaking:

  Part-time work: this definition was inserted, as from 1 April 1997, by section 2(5) Social Security Amendment Act 1996 (1996 No 20).

  Part-time work: this definition was amended, as from 1 October 1998, by section 18(8) Social Security Amendment Act 1998 (1998 No 19) by omitting “, in relation to a widow's or a domestic purposes beneficiary,”.

  part-time work-tested beneficiary means a person—

  • (a) who is a work-tested spouse or partner; and

  • (b) whose youngest dependent child is aged 6 years or older, but under 18 years

  partner, in the phrase “spouse or partner” and in related contexts, means a civil union partner or de facto partner

  partner: this definition was inserted, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).

  partner: this definition was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by adding “or de facto partner”.

  Pay day means the day or date from time to time fixed by the chief executive as the date on which an instalment of a benefit falls due for payment

  Pay day: this definition was inserted, as from 9 February 1977, by section 2(3) Social Security Amendment Act 1976 (1976 No 40).

  Pay day: the words “Director-General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

  Pay day: this definition was substituted, as from 1 April 1990, by section 37(1) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

  Pay day: this definition was amended, as from 17 September 1997, by section 2(3) Social Security Amendment Act (No 4) 1997 (1997 No 63) by inserting the words “or date”.

  Pay day: this definition was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “chief executive” for “Director-General”.

  Pay period

  [Repealed]

  Pay period the words “Director-General” were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

  Pay period: this definition was repealed, as from 1 April 1990, by section 37(1)(b) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

  Periodical means regular or intermittent

  Periodical: this definition was inserted by section 3(1) Social Security Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for benefits lodged as from 2 October 1994; and (b) applications for benefits lodged, but which have not been granted, before 2 October 1994. See sections 8 and 9 of that Act for the transitional and savings provisions.

  personal development and employment plan has the meaning specified in section 60O.

  personal development and employment plan: this definition was inserted, as from 10 March 2003, by section 4(3) Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

  physiotherapist means a health practitioner who is, or is deemed to be, registered with the Physiotherapy Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of physiotherapy

  physiotherapist: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

  Principal caregiver, in relation to a dependent child, means the person who, in the opinion of the chief executive, has the primary responsibility for the day to day care of the child, other than on a temporary basis, but does not include—

  • (a) Any body of persons (whether incorporated or unincorporated); or

  • (b) Any person who is the proprietor of, or employed in,—

    • (i) A residence established under the Children, Young Persons, and Their Families Act 1989; or

    • (ii) [Repealed]

    • (iii) Any other institution in which the child is being cared for:

  Principal caregiver: this definition was inserted, as from 25 July 1990, by section 2(1) Social Security Amendment Act (No 2) 1990 (1990 No 74).

  Principal caregiver: this definition was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “chief executive” for “Director-General”.

  Principal caregiver: paragraph (b)(ii) of this definition was repealed, as from 1 October 2004, by section 59(1) Health and Disability Services (Safety) Act 2001 (2001 No 93). See section 11 of that Act for transitional provisions.

  psychologist means a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology.

  Psychologist: this definition was inserted, as from 1 September 1998, by section 11(1) Social Security Amendment Act 1998 (1998 No 19).

  psychologist: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

  Purchaser

  [Repealed]

  Purchaser: this definition was inserted, as from 30 June 1993, by section 2(5) Social Security Amendment Act (No 3) 1993 (1993 No 57).

  Purchaser: this definition was repealed, as from 15 November 2000, by section 3(2) Social Security Amendment Act 2000 (2000 No 81).

  Redundancy payment

  [Repealed]

  Redundancy payment: this definition was inserted, as from 1 March 1991, by section 2(3) Social Security Amendment Act 1991 (1991 No 1).

  Redundancy payment: this definition was repealed, as from 30 November 1992, by section 2(3) Social Security Amendment Act (No 4) 1992 (1992 No 99).

  Regular, in relation to work, does not include—

  • (a) Casual employment; or

  • (b) Employment on call if there are no specified hours for such employment in the person's employment contract:

  Regular: this definition was inserted, as from 1 October 1998, by section 18(1) Social Security Amendment Act 1998 (1998 No 19).

  Resident, in relation to any person, does not include being unlawfully resident in New Zealand

  Resident: this definition was inserted, as from 1 March 1991, by section 2(3) Social Security Amendment Act 1991 (1991 No 1).

  residential care disability services

  [Repealed]

  residential care disability services: this definition was inserted, as from 30 June 1993, by section 3(3) Social Security Amendment Act (No 3) 1993 (1993 No 57).

  residential care disability services: this definition was substituted, as from 1 October 2002 by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93). See section 11 of that Act for transitional provisions.

  residential care disability services: this definition was repealed, as from 1 July 2005, by section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101). See sections 7 to 11 of that Act for the transitional provisions.

  Residential care services means disability services supplied to a person with a disability in a residential disability care institution or rest home within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001; and includes—

  • (a) Supervision and support services; and

  • (b) Hotel-type services (including the provision of sleeping facilities, meals, laundry, cleaning services and supplies, household furniture and furnishings, lighting, heating, hot water, and other household utilities); and

  • (c) Services that support daily living (including financial management and gardening); and

  • (d) Personal care services (including toileting, bathing, hair washing, teeth cleaning, nail care, feeding, and mobility); and

  • (e) Services within that home intended to provide satisfying activity to the person (including the provision of educational, social, recreational, and other activities); and

  • (f) Clinical support services, including personal health services (within the meaning of the New Zealand Public Health and Disability Act 2000), consultations with a medical practitioner, pharmaceuticals, incontinence aids, and other treatment costs:

  Residential care services: this definition was inserted, as from 17 September 1997, by section 2(4) Social Security Amendment Act (No 4) 1997 (1997 No 63).

  Residential care services: paragraph (f) of this definition was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting “personal health services (within the meaning of the New Zealand Public Health and Disability Act 2000)” for “health services (within the meaning of the Health and Disability Services Act 1993)”.

  Residential care services: this definition was amended, as from 1 October 2002 by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93) by substituting “a residential disability care institution or rest home within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001” for “an appropriately licensed or registered home”. See section 11 of that Act for transitional provisions.

  rest home means a rest home as defined in section 58(4) of the Health and Disability Services (Safety) Act 2001.

  rest home: this definition was inserted, as from 1 July 2005, by section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101). See sections 7 to 11 of that Act for the transitional provisions.

  Salary or wages includes commission, and any other remuneration from employment

  Salary or wages: this definition was inserted, as from 1 March 1991, by section 2(3) Social Security Amendment Act 1991 (1991 No 1).

  Sheltered employment includes employment in a sheltered workshop within the meaning of the Disabled Persons Employment Promotion Act 1960

  Sheltered employment: this definition was inserted, as from 1 September 1998, by section 11(1) Social Security Amendment Act 1998 (1998 No 19).

  Sickness includes pregnancy after the 26th week

  Sickness: this definition was inserted, as from 1 September 1998, by section 11(1) Social Security Amendment Act 1998 (1998 No 19).

  single means not married or in a civil union or a de facto relationship

  single: this definition was inserted, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).

  single: this definition was substituted, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21).

  Social security income tax

  [Repealed]

  Social security income tax: this definition was repealed, as from 1 April 1969, by section 3(2) Land and Income Tax Amendment Act (No 3) 1968 (1968 No 49).

  sole parent means a person who is the principal caregiver in respect of a dependent child and who—

  • (a) is—

    • (i) married or in a civil union, but living apart from his or her spouse or partner; or

    • (ii) not married or in a civil union; and

  • (b) is not in a de facto relationship

  sole parent: this definition was inserted, as from 25 July 1990, by section 2(1) Social Security Amendment Act (No 2) 1990 (1990 No 74).

  sole parent: this definition was substituted, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).

  sole parent: paragraph (b) of this definition was substituted, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21).

  Spouse means the husband or wife of an applicant or beneficiary, as the context may require

  Spouse: this definition was inserted, as from 11 October 1978, by section 2(2) Social Security Amendment Act 1978 (1978 No 58).

  Strike has the same meaning as in section 81 of the Employment Relations Act 2000

  Strike: this definition was inserted, as from 1 March 1991, by section 2(3) Social Security Amendment Act 1991 (1991 No 1).

  Strike: a reference to “section 61 of the Employment Contracts Act 1991” was substituted, as from 15 May 1991, for a reference to “section 231 of the Labour Relations Act 1987” pursuant to section 174 Employment Contracts Act 1991 (1991 No 22).

  Strike: this definition was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

  Student allowance means an allowance established by regulations made under section 303 of the Education Act 1989

  Student allowance: this definition was inserted, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

  suitable employment, in relation to a person, means employment that the chief executive is satisfied is suitable for the person to undertake for a number of hours a week that is at least the employment required to satisfy the work test for that person (or, as the case may be, the person's obligations under section 60GAB)

  Temporary employment means full employment for a period of less than 26 weeks

  Temporary employment: this definition was inserted, as from 1 March 1991, by section 2(3) Social Security Amendment Act 1991 (1991 No 1).

  Temporary employment: this definition was amended, as from 9 December 1994, by section 2 Social Security Amendment Act (No 2) 1994 (1994 No 142) by substituting “26” for “13”.

  Transitional retirement benefit

  [Repealed]

  Transitional retirement benefit: this definition was inserted, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

  Transitional retirement benefit: this definition was repealed, as from 15 April 2005, by section 3(3) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

  Union has the same meaning as in section 5 of the Employment Relations Act 2000

  Union: this definition was inserted, as from 1 March 1991, by section 2(3) Social Security Amendment Act 1991 (1991 No 1).

  Union: this definition was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

  Veteran's pension means a veteran's pension payable under Part 6 of the War Pensions Act 1954

  Veteran's pension: this definition was inserted, as from 1 April 1990, by section 14(3) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

  Veteran's pension: this definition was substituted, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18).

  Work preparation exercise has the meaning given to it in section 60HA(2)

  Work preparation exercise: this definition was inserted, as from 1 February 1999, by section 58(1) Social Security Amendment Act 1998 (1998 No 19). See section 78 of that Act as to the various application dates of this amendment.

  Work test, in relation to a person, means the person's obligations under section 102(2); and work test obligations has a corresponding meaning

  Work test: this definition was inserted, as from 1 October 1998, by section 18(1) Social Security Amendment Act 1998 (1998 No 19).

  Work test: this definition was substituted, as from 1 October 1998, by section 2(2) Social Security (Work Test) Amendment Act 1998 (1998 No 94).

  Work-test married rate—

  • (a) Means, in relation to an unemployment benefit or a sickness benefit, a rate in Schedule 8 or 9 that is payable to a person who is married or in a civil union or in a de facto relationship, other than a rate payable if the person's spouse or partner is entitled to a benefit in his or her own right:

  • (b) Means, in relation to an invalid's benefit,—

    • (i) A rate in Schedule 6 payable to a person who is married or in a civil union or in a de facto relationship, other than a rate payable if the person's spouse or partner is entitled to a benefit in his or her own right; and

    • (ii) Includes the rate payable under section 42(2) to the spouse or partner of a person receiving long-term residential care in a hospital or rest home:

  • (c) Means, in relation to an emergency benefit,—

    • (i) A rate of the benefit payable to a person that includes a payment for the person's spouse or partner; and

    • (ii) includes an emergency benefit paid to the spouse or partner of a resident assessed as requiring care (as defined in section 136) under regulations made under section 155.

  Work-test married rate: this definition was inserted, as from 1 February 1999, by section 58(1) Social Security Amendment Act 1998 (1998 No 19). See section 78 of that Act as to the various application dates of this amendment.

  Work-test married rate: paragraph (a) of this definition was amended, as from 1 July 2001, by section 13(4) Social Security Amendment Act 2001 (2001 No 1) by substituting “an unemployment benefit or a sickness benefit” for “a community wage”.

  Work-test married rate: paragraphs (a) and (b) of this definition were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “person who is married or in a civil union” for “married person”.

  Work-test married rate: paragraphs (a), (b)(i) and (ii), and (c)(i) and (ii) of this definition were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

  sole parent: paragraphs (a) and (b)(i) of this definition were amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship” after “union”.

  Work-test married rate: paragraph (b)(ii) of this definition was amended, as from 1 July 2005, by section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101) by substituting “long-term residential care in a hospital or rest home” for “residential care disability services”. See sections 7 to 11 of that Act for the transitional provisions.

  Work-test married rate: paragraph (c)(ii) of this definition was substituted, as from 1 July 2005, by section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101). See sections 7 to 11 of that Act for the transitional provisions.

  Work-tested beneficiary means a person who is—

  • (a) a person granted an unemployment benefit; or

  • (b) A work-tested spouse or partner; or

  • (c) [Repealed]

  • (d) [Repealed]

  • (e) [Repealed]

  Work-tested benefit means—

  • (a) A community wage; or

  • (b) [Repealed]

  • (c) [Repealed]

  • (d) [Repealed]

  • (e) In relation to a work-tested spouse or partner, includes an emergency benefit or an invalid's benefit:

  Work-tested domestic purposes beneficiary

  [Repealed]

  Work-tested domestic purposes beneficiary: this definition was inserted, as from 1 April 1997, by section 2(6) Social Security Amendment Act 1996 (1996 No 20).

  Work-tested domestic purposes beneficiary: this definition was amended, as from 1 October 1998, by section 18(9) Social Security Amendment Act 1998 (1998 No 19) by omitting “, under section 60HD of this Act,”.

  Work-tested domestic purposes beneficiary: paragraph (b) of this definition was amended, as from 1 February 1999, by section 58(5) Social Security Amendment Act 1998 (1998 No 19) by substituting “6” for “14”. See section 78 of that Act as to the various application dates of this amendment.

  Work-tested domestic purposes beneficiary: this definition was repealed, as from 10 March 2003, by section 4(6) Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

  work-tested spouse or partner means a person who—

  • (a) has no dependent children, or whose youngest dependent child is aged 6 years or more; and

  • (b) has not been granted an exemption from the work test; and is either—

  • (c) the spouse or partner of a person granted an unemployment benefit, a sickness benefit, or an invalid's benefit or an emergency benefit, where the benefit is granted at a work-test married rate; or

  • (d) is the spouse or partner of a person who is receiving long-term residential care in a hospital or rest home, is aged under 60 years, and is in receipt of an invalid's benefit under section 42(2) or an emergency benefit under regulations made under section 155

  Work-tested spouse: this definition was inserted, as from 1 April 1997, by section 2(6) Social Security Amendment Act 1996 (1996 No 20).

  Work-tested spouse: this definition was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting “or a young job seeker's allowance”.

  Work-tested spouse: this definition was substituted, as from 1 October 1998, by section 18(2) Social Security Amendment Act 1998 (1998 No 19).

  Work-tested spouse: this definition was substituted, as from 1 February 1999, by section 58(6) Social Security Amendment Act 1998 (1998 No 19). See section 78 of that Act as to the various application dates of this amendment.

  work-tested spouse or partner: this definition was substituted for the definition of the term Work-tested spouse, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).

  work-tested spouse or partner: paragraph (d) of this definition was amended, as from 1 July 2005, by section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101) by substituting “long-term residential care in a hospital or rest home” for “residential care disability services”. See sections 7 to 11 of that Act for the transitional provisions.

  work-tested spouse or partner: paragraph (d) of this definition was amended, as from 1 July 2005, by section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101) by substituting “section 155” for “section 132B”. See sections 7 to 11 of that Act for the transitional provisions.

  Work-tested widow's beneficiary

  [Repealed]

  Work-tested widow's beneficiary: this definition was inserted, as from 1 April 1997, by section 2(6) Social Security Amendment Act 1996 (1996 No 20).

  Work-tested widow's beneficiary: this definition was amended, as from 1 October 1998, by section 18(9) Social Security Amendment Act 1998 (1998 No 19) by omitting “, under section 60HD of this Act,”.

  Work-tested widow's beneficiary: this definition was amended, as from 1 February 1999, by section 58(7) Social Security Amendment Act 1998 (1998 No 19) by substituting “6” for “14”. See section 78 of that Act as to the various application dates of this amendment.

  Work-tested widow's beneficiary: this definition was repealed, as from 10 March 2003, by section 4(6) Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

  Working day means any day of the week other than—

  • (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and

  • (aa) The day observed as the anniversary of the appropriate province; and

  • (b) A day in the period commencing on the 25th day of December in any year and ending with the 15th day of January in the following year.

  Working day: this definition was inserted, as from 30 June 1993, by section 2(6) Social Security Amendment Act (No 3) 1993 (1993 No 57).

  Working day: paragraph (a) of this definition was inserted, as from 1 October 1998, by section 2(2) Social Security (Work Test) Amendment Act 1998 (1998 No 94).

  Working day paragraph (aa) was inserted, as from 1 October 1998, by section 2(2) Social Security (Work Test) Amendment Act 1998 (1998 No 94).

  (2) For the purposes of this Act, a person shall be deemed not to have attained a given age until the commencement of the relevant anniversary of the day of his birth.

  (2A) [Repealed]

  (3) Except for the purposes of a means assessment under Part 4, and notwithstanding the definition of the term income in subsection (1) of this section, where it is necessary to determine, for the purposes of this Act or the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or the New Zealand Superannuation and Retirement Income Act 2001, the income of any person who—

  • (a) meets the residential qualification for New Zealand superannuation set out in the New Zealand Superannuation and Retirement Income Act 2001; and

  • (b) Is aged 60 years or more and whose spouse (if any), being a spouse or partner whose age is less than that of the person whose income is being determined, is aged 60 years or more; and

  • (c) Is in receipt of a pension under a superannuation scheme registered under the Superannuation Schemes Act 1989 or of payments under an annuity paid in respect of a policy of life insurance—

    • (i) Offered or entered into in New Zealand by a life insurer (as that term is defined in paragraph (a) of the definition of life insurer in section YA 1 of the Income Tax Act 2007); or

    • (ii) Offered or entered into outside of New Zealand by a life insurer (as so defined) that is resident in New Zealand within the meaning of section YD 1 or YD 2 (excluding section YD 2(2)) of the Income Tax Act 2007; and

  • (d) Commenced to receive payments of that pension or under that annuity—

    • (i) Before the 1st day of April 1992; and

    • (ii) When that person was aged not less than 55 years nor more than 59 years and when that person's spouse (if any), being a spouse or partner whose age is less than that of the person whose income is being determined, was aged 55 years or more,—

  50 percent of the amount received by that person under that pension or under that annuity shall not be included in the income of that person.

  (4) In considering, in respect of a person, whether any payment or credit or service is an income-related insurance payment or is for an income-related purpose, as the case may be, the chief executive shall have regard to the following matters:

  • (a) The nature of the contingency in respect of which the payment or credit or service was made or provided or used:

  • (b) The nature of the payment or credit or service:

  • (c) The manner in which and the occasions on which the payment or credit or service is made or provided or used:

  • (d) The manner in which the right or eligibility to the payment or credit or service is expressed in any contract of insurance or in any other document:

  • (e) Whether the payment or credit or service is required to be made or provided to any other person and, if so, the relationship between them:

  • (f) Whether the person has assigned his or her right to receive the payment or credit or service:

  • (g) Any other matters that the chief executive considers, in the circumstances of the particular case, to be relevant.

  (5) For the avoidance of doubt, a dependent child of a person granted a benefit at a work-test married rate is also a dependent child of that person's spouse or partner for the purposes of the definition of the term work-tested spouse or partner in subsection (1).

  (6) The definition of income in subsection (1) is at any time subject to any rules then in force under section 132H.

  Compare: 1938 No 7 s 10; 1945 No 11 s 3; 1951 No 54 s 15; 1955 No 9 s 16(1); 1958 No 46 s 26

  Section 3(1) application: substituted, on 24 September 2007, by section 22(1) of the Social Security Amendment Act 2007 (2007 No 20).

  Section 3(1) date of first contact: inserted, on 24 September 2007, by section 22(1) of the Social Security Amendment Act 2007 (2007 No 20).

  Section 3(1) income paragraph (f)(xviii): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

  Section 3(1) income tax: amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

  Section 3(1) non-entitlement period paragraph (c): repealed, on 24 September 2007, by section 32(2)(a) of the Social Security Amendment Act 2007 (2007 No 20).

  Section 3(1) non-entitlement period paragraph (e): added, on 24 September 2007, by section 42(6) of the Social Security Amendment Act 2007 (2007 No 20).

  Section 3(1) part-time work-tested beneficiary: substituted, on 24 September 2007, by section 22(1) of the Social Security Amendment Act 2007 (2007 No 20).

  Section 3(1) suitable employment: substituted, on 24 September 2007, by section 22(1) of the Social Security Amendment Act 2007 (2007 No 20).

  Section 3(1) work-tested beneficiary paragraph (e): repealed, on 24 September 2007, by section 22(2)(a) of the Social Security Amendment Act 2007 (2007 No 20).

  Section 3(1) work-tested benefit paragraph (d): repealed, on 24 September 2007, by section 22(2)(b) of the Social Security Amendment Act 2007 (2007 No 20).

  Income: this definition was substituted, as from 21 November 1984, by section 3(1) Social Security Amendment Act 1984 (1994 No 8).

  Income: this definition was amended, as from 26 October 1988, by section 2 Social Security Amendment Act (No 2) 1988 (1988 No 147) by substituting “surviving spouse” for “widow”.

  Income: paragraph (ba) of this definition was inserted, as from 30 November 1992, by section 2(2) Social Security Amendment Act (No 4) 1992 (1992 No 99).

  Income: paragraph (d)(i) of this definition was amended, as from 1 April 1990, by section 14(2)(a) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) by inserting “or the Social Welfare (Transitional Provisions) Act 1990”.

  Income: paragraph (d)(ii) of this definition was amended, as from 1 April 1990, by section 14(2)(b) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) by omitting “(not being an economic pension or a war veteran's allowance or a war service pension)”.

  Income: paragraph (d)(vii) and (d)(viii) of this definition were inserted, as from 1 July 1992, by Social Security Amendment Act (No 5) 1991 (1991 No 143).

  Income: paragraph (d)(ix) of this definition was inserted, as from 1 July 1992, by Social Security Amendment Act (No 2) 1992 (1992 No 59).

  Income: paragraph (d)(x) and (d)(xi) of this definition were inserted, as from 30 June 1993, by section 2(4) Social Security Amendment Act (No 3) 1993 (1993 No 57).

  Income: this definition was substituted, as from 2 October 1994, by section 3(2) Social Security Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for benefits lodged as from 2 October 1994; and (b) applications for benefits lodged, but which have not been granted, before 2 October 1994. See sections 8 and 9 of that Act for the transitional and savings provisions.

  Income: this definition was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “chief executive” for “Director-General”.

  Income: paragraph (c) of this definition was substituted, as from 17 September 1997, by section 2(1) Social Security Amendment Act (No 4) 1997 (1997 No 63).

  Income: paragraph (c) of this definition was amended, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114) by substituting “Except where section 71A(2) applies, includes” for “Includes” and by inserting subparagraph (iii).

  Income: paragraph (c) of this definition was amended, as from 1 April 2000, by section 9(1) Accident Insurance Amendment Act 2000 (2000 No 6) by inserting “(as it read immediately before its repeal by section 7 of the Accident Insurance Amendment Act 2000)” after the words “section 185 of that Act”.

  Income: paragraph (d)(iva) of this definition was inserted, as from 1 July 2002, by section 6 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).

  Income: paragraph (f)(i) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting “or the New Zealand Superannuation Act 2001” after “Social Welfare (Transitional Provisions) Act 1990”.

  Income: paragraph (f)(i) of this definition was amended, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18) by inserting “or Part 6 of the War Pensions Act 1954” after “the Social Welfare (Transitional Provisions) Act 1990”.

  Income: paragraph (f)(i) of this definition was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.

  Income: paragraph (f)(iii) of this definition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

  Income: paragraph (f)(iva) of this definition was inserted, as from 1 September 1998, by section 11(3) Social Security Amendment Act 1998 (1998 No 19).

  Income: paragraph (f)(va) of this definition was inserted, as from 1 October 1998, by section 18(7) Social Security Amendment Act 1998 (1998 No 19).

  Income: paragraph (f)(ix) was amended, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114) by adding “or Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998”.

  Income: paragraph (f)(ix) was amended, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49) by inserting, after the expression “1998”, the words “, or any impairment lump sum received under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001”. See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance. See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.

  Income: paragraph (f)(xiii) to (xv) of this definition were inserted, as from 17 September 1997, by section 2(2) Social Security Amendment Act (No 4) 1997 (1997 No 63).

  Income: paragraph (f)(xiv)(A) of this definition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

  Income: paragraph (f)(xiv)(A) of this definition was substituted, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21).

  Income: paragraph (f)(xvi) was inserted, as from 17 November 2000, by section 7(1) Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22). See clause 2 Housing Restructuring (Income-Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).

  Income: paragraph (f)(xvi) was amended, as from 1 July 2006, by section 5(2)(h) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34) by inserting “and Tenancy Matters” after “Restructuring”.

  Income: paragraph (f)(xvii) of this definition was inserted, as from 26 September 2002, by section 4(1) Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

  Income: paragraph (f)(xviii) of this definition was inserted, as from 4 June 2004, by section 4(1) Social Security (Working for Families) Amendment Act 2004 (2004 No 51). See sections 23 to 25 of that Act as to the transitional provisions.

  Income Tax: this definition was substituted for the definition of social security income tax by section 3(3) Land and Income Tax Amendment Act (No 3) 1968 (1968 No 49). The former reference to the Income Tax Act 1976 (1976 No 65) was substituted for a reference to the repealed Land and Income Tax Act 1954.

  Income Tax: this definition was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “Income Tax Act 1994” for “Income Tax Act 1976”.

  Income Tax: this definition was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting “Income Tax Act 2004” for “Income Tax Act 1994”.

  Non-entitlement period: this definition was inserted, as from 1 April 1997, by section 2(4) Social Security Amendment Act 1996 (1996 No 20).

  Non-entitlement period: this definition was substituted, as from 1 October 1998, by section 18(2) Social Security Amendment Act 1998 (1998 No 19).

  Part-time work-tested beneficiary: this definition was inserted, as from 1 October 1998, by section 18(1) Social Security Amendment Act 1998 (1998 No 19).

  Part-time work-tested beneficiary: this definition was substituted, as from 1 February 1999, by section 58(3) Social Security Amendment Act 1998 (1998 No 19). See section 78 of that Act as to the various application dates of this amendment.

  Part-time work-tested beneficiary: paragraph (a) of this definition was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the word “spouse”.

  Part-time work-tested beneficiary: paragraph (b) of this definition was repealed, as from 10 March 2003, by section 4(2) Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

  Suitable employment: this definition was inserted, as from 1 October 1998, by section 18(1) Social Security Amendment Act 1998 (1998 No 19).

  Suitable employment: this definition was substituted, as from 1 October 1998, by section 2(2) Social Security (Work Test) Amendment Act 1998 (1998 No 94).

  Suitable employment: this definition was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “chief executive” for “Director-General”.

  Work-tested beneficiary: this definition was inserted, as from 1 April 1997, by section 2(6) Social Security Amendment Act 1996 (1996 No 20).

  Work-tested beneficiary: paragraph (a) of this definition was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by substituting “young job seeker's allowance” for “job search allowance”.

  Work-tested beneficiary: this definition was substituted, as from 1 October 1998, by section 18(2) Social Security Amendment Act 1998 (1998 No 19).

  “Work-tested beneficiary”: paragraph (a) of this definition was substituted, as from 1 July 2001, by section 13(5) Social Security Amendment Act 2001 (2001 No 1).

  Work-tested beneficiary: paragraph (b) of this definition were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

  Work-tested beneficiary: paragraphs (c) and (d) of this definition were repealed, as from 10 March 2003, by section 4(4) Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

  Work-tested benefit: this definition was inserted, as from 1 April 1997, by section 2(6) Social Security Amendment Act 1996 (1996 No 20).

  Work-tested benefit: paragraph (a) of this definition was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by substituting “young job seeker's allowance” for “job search allowance”.

  Work-tested benefit: this definition was substituted, as from 1 October 1998, by section 18(2) Social Security Amendment Act 1998 (1998 No 19).

  Work-tested benefit: paragraph (b) was amended, as from 1 February 1999, by inserting “; or”, and paragraph (c) was inserted, by section 58(4) Social Security Amendment Act 1998 (1998 No 19).

  Work-tested benefit: paragraphs (b) and (c) of this definition were repealed, as from 10 March 2003, by section 4(5) Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).

  Work-tested benefit: paragraph (e) of this definition were amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

  Subsection (1) was amended, as from 1 July 1998, by section 2(1) Social Security Amendment Act 1998 (1998 No 19) by substituting “In this Act” for “In this Part of this Act and in the Schedules to this Act”.

  Subsection (2) was amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

  Subsection (2A) was inserted, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21).

  Subsection (2A) was repealed, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21).

  Subsection (3) was inserted, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

  Subsection (3) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by inserting the words “or the New Zealand Superannuation Act 2001” after “Social Welfare (Transitional Provisions) Act 1990”.

  Subsection (3) was amended, as from 15 April 2003, by section 12(1) War Pensions Amendment Act 2003 (2003 No 18) by inserting “or Part 6 of the War Pensions Act 1954” after “the Social Welfare (Transitional Provisions) Act 1990”.

  Subsection (3) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001” in both places they appear.

  Subsection (3) was amended, as from 1 July 2005, by section 13(1) Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101) by substituting “a means assessment under Part 4” for “section 69E of this Act”. See sections 7 to 11 of that Act for the transitional provisions.

  Subsection (3)(a) was substituted, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84).

  Subsection (3)(b) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

  Subsection (3)(c) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting “Income Tax Act 2004” for “Income Tax Act 1994” in both places they appear.

  Section 3(3)(c)(i): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

  Subsection (3)(c)(i) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “paragraph (a) of the definition of life insurer in section OB 1 of the Income Tax Act 1994” for “section 204 of the Income Tax Act 1976”.

  Section 3(3)(c)(ii): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

  Subsection (3)(c)(ii) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting “section OE 1 or section OE 2(1) of the Income Tax Act 1994” for “section 241 of the Income Tax Act 1976”.

  Subsection (3)(d)(ii) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner” after “spouse”.

  Subsection (4) was inserted by section 3(3) Social Security Amendment Act 1994 (1994 No 86) with application only in respect of: (a) applications for benefits lodged as from 2 October 1994; and (b) applications for benefits lodged, but which have not been granted, before 2 October 1994. See sections 8 and 9 of that Act for the transitional and savings provisions.

  Subsection (4) was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting “chief executive” for “Director-General”.

  Subsection (5) was inserted, as from 1 April 1997, by section 2(7) Social Security Amendment Act 1996 (1996 No 20).

  Subsection (5) was amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by inserting the words “or a young job seeker's allowance”.

  Subsection (5) was substituted, as from 1 October 1998, by section 18(11) Social Security Amendment Act 1998 (1998 No 19).

  Subsection (5) was amended, as from 1 February 1999, by section 58(8) Social Security Amendment Act 1998 (1998 No 19) by substituting “work-test married rate” for “married rate (other than a rate for a person whose spouse is receiving a benefit in his or her own right)”. See section 78 of that Act as to the various application dates of this amendment.

  Subsection (5) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting the words “or partner” after the words “spouse” in both places where it appears.

  Subsection (6) was inserted, as from 2 July 2007, by section 4(2) Social Security Amendment Act 2007 (2007 No 20). See section 20 of that Act for transitional arrangements for financially disadvantaged people.