New Zealand Legislation: Acts
Acts are laws made by Parliament
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as at 23 July 2011
| Public Act | 1964 No 136 |
| Date of assent | 4 December 1964 |
Pursuant to section 2(3)(b) and (d) of the Social Security Amendment Act 1987 (1987 No 106), every reference in this Act to “the Commission”
should be read as a reference to the “Director-General”
, and every reference to “in its discretion”
should be read as a reference to “in the Director-General's discretion”
.
Pursuant to section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149), references in this Act to “guaranteed retirement income”
, “national superannuation”
, “guaranteed retirement income earner”
, or “national superannuitant”
were substituted, respectively, for references to “New Zealand superannuation”
or to a “New Zealand superannuitant”
. Section 2(2) Social Welfare (Transitional Provisions) Amendment Act (No 2) 1991 (1991 No 77) previously provided that every reference to “guaranteed retirement income”
or “guaranteed retirement income earner”
shall be read, respectively, as references to “national superannuation”
or “national superannuitant”
.
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Department of Social Welfare.
1 Short Title and commencement
2 Administration [Repealed]
3A Delegation of powers by Minister [Repealed]
4 Social Security Department [Repealed]
5 Chief executive to comply with directions
6 Social Security Commission [Repealed]
7 Acting Commissioners [Repealed]
8 Commissioners, Acting Commissioners, and other officers to be appointed under State Services Act 1962 [Repealed]
9 Meetings of Commission [Repealed]
10 Delegation of Director-General's powers [Repealed]
11 Power to obtain information
11A Power to obtain information for matching purposes
11B Code of conduct applying to obtaining information under section 11
11C Matters to be included in code of conduct
11D Application process for benefits
12 Investigation of claims and grant of benefits
12A Social Security Appeal Authority
12D Special Appeal Authorities
12F Remuneration and travelling allowances
12G Services for Appeal Authority
12I Functions of Appeal Authority
12L Expenses payable to appellants
12M Hearing and determination of appeal
12N Sittings of Appeal Authority
12OA Costs incurred by Authority
12Q Appeals to High Court on questions of law only
12R Appeals to Court of Appeal
13 National Superannuation [Repealed]
14 Residential qualifications for national superannuation [Repealed]
15 Rates of national superannuation [Repealed]
16 Special provisions in respect of married couples where one spouse not entitled to national superannuation [Repealed]
17 Commencement and payment of national superannuation [Repealed]
18 Termination of national superannuation on death of recipient [Repealed]
19 Special allowance for South African War veterans [Repealed]
20 Additional benefit for South African War veterans [Repealed]
22 Benefits to wives of mental patients [Repealed]
23 Benefits to deserted wives [Repealed]
25 Special provisions as to benefits to deserted wives [Repealed]
26 Continuation of benefit to deserted wife after divorce [Repealed]
27 Continuation of benefit when benefit ceases to be payable in respect of children [Repealed]
27B Domestic purposes benefits for solo parents
27C Domestic purposes benefits for women alone
27D Applicants for domestic purposes benefits for women alone to meet residential qualifications in section 74AA
27E Continuation of benefit when benefit ceases to be payable in respect of children [Repealed]
27F Special provisions as to maintenance [Repealed]
27G Domestic purposes benefits for care at home of sick or infirm
27H Rates of domestic purposes benefits
Contribution towards cost of domestic purposes benefits for solo parents
27I Interpretation [Repealed]
27J Maintenance order or agreement suspended while benefit is paid [Repealed]
27K Liable Parent to contribute towards cost of benefit and child supplement [Repealed]
27L Director-General to give liable parent notice of grant of benefit [Repealed]
27M Liable parent to notify Director General of gross earnings, etc [Repealed]
27N Director-General to assess contribution and notify liable parent [Repealed]
27O Notice of objection [Repealed]
27P Grounds on which objection may be made [Repealed]
27Q Procedure to be followed where objection received [Repealed]
27R Hearing of objection by Court [Repealed]
27S Findings of Court [Repealed]
27T Appeal from decisions of Courts [Repealed]
27U Proceedings not open to public [Repealed]
27V Restriction of publication of reports [Repealed]
27X Recovery of unpaid contributions [Repealed]
27Y Deduction notices [Repealed]
27Z Effect of deduction notices [Repealed]
27ZA Liability of employer [Repealed]
27ZB Protected earnings [Repealed]
27ZC Variation or discharge of deduction notice [Repealed]
27ZD Transaction fee [Repealed]
27ZE Wrongful treatment of employee [Repealed]
27ZF Extent to which deduction notices bind the Crown [Repealed]
27ZG Relief in cases of serious hardship [Repealed]
27ZH Review of contributions [Repealed]
27ZI Service of notices, etc, by Director-General [Repealed]
29 Unsupported child's benefit
29A Rates of orphan's benefit and unsupported child's benefit
30 Period for which orphan's benefit payable [Repealed]
31 Orphan's benefit and unsupported child's benefit to be used for benefit of child
32 Family benefits [Repealed]
33 Residential qualifications for family benefit [Repealed]
34 Rate of family benefits [Repealed]
35 Period for which family benefit payable [Repealed]
36 Advance payments of family benefit [Repealed]
37 Person to whom family benefit payable [Repealed]
38 Family benefit to be expended for maintenance of children [Repealed]
39 Payment of family benefit not to restrict right to maintenance, compensation, or damages [Repealed]
39A Child disability allowance
39B Rate of child disability allowance
39C Medical examination may be required
39D Child disability allowance not payable with other benefit or pension
39E Person to whom child disability allowance payable
39F Purpose of invalid's benefit
41 Residential qualifications for invalids' benefits [Repealed]
42 Rates of invalids' benefits
42A Obligations on spouse or partner of invalid's beneficiary
43 Subsidy on earnings of blind beneficiaries
44 Medical examination of invalids
44A Beneficiary receiving invalid's benefit may establish whether open employment is sustainable
45 Invalids' beneficiaries may be required to undertake activities [Repealed]
46 Refusal to undertake vocational training [Repealed]
47 Procedure for assessment of capacity for work [Repealed]
48 Assessment of capacity for work [Repealed]
49 Content of assessment [Repealed]
50 Effect of assessment [Repealed]
51 Reassessment [Repealed]
52 Funeral grant on death of miner [Repealed]
53 Miners' widows' benefits [Repealed]
53A Right of appeal on medical grounds
54 Sickness benefit: standard eligibility requirements
54A Sickness benefit: grounds of hardship
54B Sickness benefit: medical examinations
54C Sickness benefit: payment [Repealed]
54DA Sickness beneficiary may be required to comply with work test
54E Obligations of spouse or partner of sickness beneficiary
54F Transfer from community wage to sickness benefit on 1 July 2001
55 Rates of sickness benefits [Repealed]
56 Medical examination of applicants for sickness benefits [Repealed]
57 Period for which sickness benefit payable [Repealed]
58 Unemployment benefits [Repealed]
59 Rates of unemployment benefits [Repealed]
59A Mandatory interview or work test for spouse [Repealed]
59B Young job seekers' allowances [Repealed]
59C Rates of young job seekers' allowances [Repealed]
59D Spouse of young job seeker's allowance recipient [Repealed]
59E Period for which young job seeker's allowance payable [Repealed]
60 Commencement of unemployment benefit, etc [Repealed]
60A Training benefits: purpose [Repealed]
60AA Training benefits: qualifications [Repealed]
60B Rates of training benefits [Repealed]
60C Period for which training benefit payable [Repealed]
60D Job search allowance [Repealed]
60E Rates of job search allowance [Repealed]
60F Independent youth benefits: basic qualifications
60FA Independent youth benefits: single persons
60FB Independent youth benefits: persons who are married, in civil union, or de facto relationship
60FC Independent youth benefits: persons enrolled in full-time course of secondary instruction
60FD Independent youth benefits: sickness, injury, or disability
60G Rates of independent youth benefit
60GAA Period for which independent youth benefit payable
60GAB Independent youth benefits: obligations
60GAC Department to explain obligations to beneficiaries
Further conditions of benefits
60GA Purposes of sections 60H to 60M [Repealed]
60H Voluntary unemployment or loss of employment through misconduct, etc
60HA Work preparation exercise
60HB Effect of failure to attend or participate in mandatory interview [Repealed]
60HC Beneficiaries to be work-tested [Repealed]
60HCA General duty of Director-General to ensure that work-tested beneficiaries aware of obligations [Repealed]
60HD Power of Director-General to grant exemption from mandatory interview or work test [Repealed]
60HE Persons exempted from mandatory interview or work test to notify change of circumstances [Repealed]
60HF Delay of work test obligation for existing beneficiaries [Repealed]
60I Effect of redundancy payments, etc, on entitlement to benefits [Repealed]
60J Failure to comply with work test [Repealed]
60JA Penalty for failure to attend or participate in mandatory interview or comply with work test [Repealed]
60JB Effect of recompliance with mandatory interview or work test [Repealed]
60JC Reduction of benefit or non-entitlement period to end if person ceases to be subject to mandatory interview or work-testing [Repealed]
60K Effect of undertaking employment [Repealed]
60KA Effect of participation in approved activities [Repealed]
60L Effect of sections 60H to 60J and section 60N on entitlement to supplementary benefits and on spouses [Repealed]
60M Community task force scheme [Repealed]
60N Effect of failure to participate in community task force project [Repealed]
60P Purpose of sections 60Q to 60Z
60R Developing and reviewing employment plans
60S Beneficiary must demonstrate commitment to employment plan at review
60T Department must explain rights and obligations in relation to employment plans
60U Failure to comply with employment plan obligations
60V Procedure for determining whether failure is without good and sufficient reason
60W Failure without good and sufficient reasons
60X Procedure for imposing sanctions
60Y Sanctions for failure to comply with obligations in relation to employment plan
60Z Effect of compliance or agreement to comply
61 Chief executive may grant emergency benefit in cases of hardship
61A Obligations of spouse or partner of person granted emergency benefit
61B Special provisions in respect of additional benefits for dependent children [Repealed]
61C Special powers of Director-General in respect of maintenance
61CA Maintenance payable to Crown
61CB Payment of benefits during epidemic in New Zealand
61CC Granting of emergency benefits during epidemic in New Zealand
61CD During epidemic benefits may be granted without normal investigations
61CE Overseas epidemics affecting visitors to New Zealand
61CF Special assistance for visitors affected by overseas epidemics
61DA Restrictions on payment of funeral grants
61DB Payment of funeral grants where there is a surviving spouse or partner or children
61DC Payment of funeral grants where there is no surviving spouse or partner or children
61DD Children's funeral grants
61DE Method of making payments
61DF Method of making payments [Repealed]
61DG Applications for lump sum payments after death [Repealed]
61DH Purpose of accommodation supplement
61EB Special rules for joint tenants who are married, in civil union, or de facto relationship
61EC Rates of accommodation supplement
61F Rates of accommodation benefit [Repealed]
61FA Rent rebate entitlement [Repealed]
61FB Rate of rebate [Repealed]
61FC Tenure protection allowance [Repealed]
61FD Rate of tenure protection allowance [Repealed]
61G Temporary additional support
Alteration of rates of benefits
61H Rates of benefits, etc, may be increased by Order in Council
61HA Annual CPI adjustment of rates of certain benefits
61I Areas for accommodation supplement purposes may be altered by Order in Council
Miscellaneous provisions as to monetary benefits
62 Grant of benefit after death of applicant
63 Conjugal status for benefit purposes
63A Provisions relating to children who continue education
64 Mode of ascertaining income for benefit purposes
65 Adjustment of anomalies due to receipt of income subject to income tax [Repealed]
66 Exemption of income from friendly or like society
66A Special exemption for severe disablement
66B Redundancy and retirement payments not to be taken into account in determining rates of benefits
67 Exemption of income from domestic or nursing service [Repealed]
68 Exemption of income from former home property
68A Special provisions applying to insurance payments
69 Power to increase rates of benefits payable to parents of deceased members of the forces or mercantile marine
69A Telephone-rental concessions [Repealed]
69B Television-licence-fee concessions [Repealed]
69D Transition to work allowance [Repealed]
69E Interpretation [Repealed]
69F Financial means assessments [Repealed]
69FA Financial means assessments for home-based disability support services
69G Reasonable steps to be taken to obtain overseas pension
69H Information on rate of overseas pension to be provided
69I Duty of chief executive to assist
70 Rate of benefits if overseas pension payable
70A Rates of benefits for sole parents may be reduced
70B Entitlement to benefits in cases of shared custody
71 Special provisions where compensation or damages recoverable by applicant
71A Deduction of weekly compensation from income-tested benefits
72 Limitation where applicant receiving another benefit or war pension
73 Limitation where applicant entitled to claim under Family Protection Act 1955
74 Limitation in certain other cases
74AA Residential requirements for certain benefits
74A Persons unlawfully resident or present in New Zealand
75A Beneficiaries in institutions under Alcoholism and Drug Addiction Act 1966
76 Forfeiture of benefit during detention in a prison
77 Effect of absence of beneficiary from New Zealand
78 Effect of absence of beneficiary from New Zealand on residential qualification
79 Persons liable for income tax on earnings while employed overseas deemed to be resident in New Zealand
80AA Minister may allow back-dating of benefit where earlier failure to grant it based on error
80A Duty to advise change of circumstances affecting entitlement to benefit
80BA Calculation of stand down
80BB Delayed redundancy and retirement payments
80BC Seasonal workers made redundant after benefit commences
80C Effect of sections 60H to 60M and section 80BA on entitlement to supplementary benefits and on spouses or partners
80D Benefit applications by claimants under Injury Prevention, Rehabilitation, and Compensation Act 2001
82A Duty to supply tax file number and consequence of failure to do so
83 Apportionment of benefit between spouses or partners
84A Payment of benefit not to restrict right to maintenance
85 Termination of benefit on death of beneficiary [Repealed]
85A Payments that are debts due to the Crown
86 Recovery of payments made in excess of authorised rates
86A Deduction of benefit debts
86B Issue of deduction notice to State sector employer
86D Deduction notices issued on banks
86F Offences in relation to deduction notices
86H Variation or discharge of deduction notice
86I Penalty for late deductions
86K Validation of benefit payments and other payments in respect of certain children in care
[Repealed]
86A Interpretation [Repealed]
86B Family care grants [Repealed]
86C Entitlement to family care grants [Repealed]
86D Rates of family care grants [Repealed]
86E Special family care grants [Repealed]
86F Rates of grants may be altered by Order in Council [Repealed]
86G Person to whom family care grant payable [Repealed]
86H Commencement of family care grants [Repealed]
86I Duration of family care grants [Repealed]
86J Review of grants [Repealed]
86K Cessation of family care grants [Repealed]
86L Renewal of family care grants [Repealed]
86M Duty to advise change of circumstances, etc, affecting entitlement to grant [Repealed]
86N Method of ascertaining income [Repealed]
86O Overpayments [Repealed]
86P Application to family care grants of certain provisions of Part 1 [Repealed]
Part 2
Unemployment benefit and work testing
87 Purposes of this Part [Repealed]
88 Overview of this Part [Repealed]
89 Unemployment benefit: standard eligibility requirements
90 Unemployment benefit: grounds of hardship
91 Unemployment benefit: ineligibility
92 Community wage: application on grounds of sickness, injury, or disability [Repealed]
93 Community wage: determination of application [Repealed]
93A Additional fees for general medical services on public holidays and at night [Repealed]
94 Community wage: job seeker contract [Repealed]
94A Rural practice bonuses [Repealed]
95 Job seeker contract for other beneficiaries [Repealed]
96 Community wage: not payable until job seeker contract signed [Repealed]
96A Unemployment benefit: pre-benefit activities
96B Department must explain obligations in relation to pre-benefit activities
97 Unemployment benefit: obligations on beneficiaries
97A Immunisation benefit [Repealed]
98 Unemployment benefit: payment
99 Unemployment benefit: rates
99AA Unemployment benefit: expiry
99AB Unemployment benefit: requirements for re-grant
99A Transfer from community wage to unemployment benefit on 1 July 2001
100 Department's obligations in respect of work testing and community wage [Repealed]
100A Extension of power of use by Crown of patented invention [Repealed]
101 Purpose of sections 102 to 123D
103 Delayed application of work test: age of dependent child [Repealed]
104 Delayed application of work test: bereavement or separation [Repealed]
104A Transitional provision dealing with deferrals
105 Exemption from obligations
[Repealed]
105A Description of job seeker agreement and responsibilities arising from it [Repealed]
105B Entering into and reviewing job seeker agreement [Repealed]
105C Department to explain to beneficiaries their rights and obligations
105D Job seeker contracts to have effect as job seeker agreements [Repealed]
Deferral of work-test obligations
[Repealed]
106 Application for deferral of work-test obligations [Repealed]
107 Chief executive may defer work-test obligations [Repealed]
108 Effect of deferral [Repealed]
109 Persons who are to notify change of circumstances affecting exemption or deferral [Repealed]
Job seeker development activities
[Repealed]
110 Defining job seeker development activities [Repealed]
111 Assistance provided by department
112 Organised activities to have effect as job seeker development activities [Repealed]
113 Procedure for imposing sanctions
115 Failure to comply with work test
115A Failure to comply with obligations under section 60GAB
116 Failure to participate in activity under section 60HA [Repealed]
117 Sanctions that may be imposed for failures
118 Penalties for failure to participate in organised activity to satisfaction of chief executive [Repealed]
119 Calculation of failure rate
120 Modified effect in some cases of sanctions on rate of benefit for people married or in civil union or de facto relationship
121 Effect of sanctions on benefit of sole parent
123 Effect of ceasing to be subject to obligation to comply with section 60HA or obligations under section 60GAB or work test
123A Effect of employment on non-entitlement period
123B Effect of participation in certain activities on non-entitlement period
123C Application of Health and Safety in Employment Act 1992 and Human Rights Act 1993
124 Money payable out of Crown Bank Account
124A Payment of supplementary assistance may be deemed an advance [Repealed]
125 Advances to beneficiaries and war pensioners for repair or maintenance of home, etc [Repealed]
126 Cost of repair and replacement of artificial limbs
126A Information on beneficiaries and former beneficiaries may be disclosed to Ministry of Justice for fines enforcement purposes
126AB Disclosure of personal information to Registrar-General for birth registration purposes
126B Certain grounds of discrimination in Human Rights Act 1993 not to apply
129 General penalty for offences
130 Exemptions from stamp duty [Repealed]
131A Disclosure of information between Department of Social Welfare and Department of Labour [Repealed]
131B Definitions for purposes of sections 131C and 131D [Repealed]
131C Notice of decision to suspend, reduce, or cancel work-tested benefit [Repealed]
131D Reduction of notice period [Repealed]
131F Jurisdiction of Privacy Commissioner [Repealed]
131G Privacy Commissioner to report on compliance with section 131C [Repealed]
132AA Regulations exempting items from treatment as income or cash assets may have retrospective effect
132AB Regulations relating to temporary additional support
132A Regulations providing for issue and use of entitlement cards
132AC Regulations relating to childcare assistance
132B Regulations providing for assessment of financial means of people requiring disability services [Repealed]
132C Regulations relating to overseas pensions
132D Regulations exempting income and assets from assessment of financial means of people requiring certain disability services
132E Regulations relating to work capacity assessment [Repealed]
132F Regulations providing for participation allowance
132G Regulations providing for remittance or suspension of debt
132H Rules providing for determination of incomes of certain people by chief executive
132I Rules relating to determination by chief executive of deprivation of property or income
132J Regulations stating pre-benefit activities
132K Regulations relating to advance payments of benefit
134 Consequential amendment [Repealed]
Part 4
Long-term residential care in hospital or rest home
138 Effect of being assessed as requiring long-term residential care in hospital or rest home indefinitely
139 Personal obligation to pay for care
140 Funder's liability in respect of persons whose assets are above applicable asset threshold or who have not been means assessed
141 Funder's liability in respect of persons whose assets are equal to or below applicable asset threshold
142 Funder's liability in respect of exempt persons and elderly victims of crime
143 Residents assessed as requiring care aged 50 to 64 not required to pay out of assets
144 Application for means assessment
146 Means assessment as to assets
147 Means assessment as to income
147A Deprivation of assets and income
148 Notice of means assessment (including reviews)
149 Obligation to advise change of circumstances and right to apply for review
150 Review of means assessment
151 Conjugal status for purpose of means assessment
152 Maximum contributions set by Gazette notice
153 Residential care loan scheme
155 Regulations relating to this Part
[Repealed]
[Repealed]
Schedule 3
Rates of widows' benefits
Schedule 4
Maximum rates of orphans' benefits and unsupported childs' benefits
Schedule 5
Rates of family benefits
[Repealed]
Schedule 6
Rates of invalids' benefits
Schedule 7
Rates of miners' benefits and miners' widows' benefits
[Repealed]
Schedule 8
Rates of benefit payable to person receiving a sickness benefit immediately before 1 July 1998
[Repealed]
Schedule 9
Rates of unemployment benefits and sickness benefits
Schedule 10
Special income exemption in respect of sick benefits from friendly or like society (New Zealand Superannuation payable under section 16, invalids', widows', domestic purposes, and sickness benefits only)
Schedule 11
Special income exemption in respect of earnings from domestic and nursing service
[Repealed]
Schedule 12
Maximum increase in rate of benefit payable to parent of deceased member of forces or mercantile marine
Schedule 13
Enactments repealed
[Repealed]
Schedule 15
Maximum rate of rehabilitation allowances
[Repealed]
Schedule 16
Rates of domestic purposes benefits
Schedule 17
Rates of domestic purposes benefits
Schedule 18
Accommodation supplement
Schedule 19
Rates of child disability allowance and disability allowance
Schedule 20
Rates of contribution by liable parents to cost of domestic purposes benefit
[Repealed]
Schedule 21
Rates of family care grants
[Repealed]
Schedule 22
Rates of benefits payable to long-term hospital patients
Schedule 23
Transition to work allowance
[Repealed]
Schedule 24
Rates of national superannuation
[Repealed]
Schedule 25
Rate of telephone-service-rental allowance
[Repealed]
Schedule 26
Rates of independent youth benefits
Schedule 27
Means assessment under Part 4
Schedule 28
Period of benefit stand down
Schedule 29
Powers, functions, and discretions of the Director-General that may be delegated to the chief executive of the Department of Labour
[Repealed]
Schedule 30
Method of calculating ability to make payments towards costs of home-based disability support services under section 69FA
Schedule 31
Asset and income limits that may be applied to certain assistance
An Act to consolidate and amend the Social Security Act 1938 and its amendments
(1) This Act may be cited as the Social Security Act 1964.
(2) This Act shall come into force on 1 April 1965.
The purpose of this Act is—
(a) to enable the provision of financial and other support as appropriate—
(i) to help people to support themselves and their dependants while not in paid employment; and
(ii) to help people to find or retain paid employment; and
(iii) to help people for whom work may not currently be appropriate because of sickness, injury, disability, or caring responsibilities, to support themselves and their dependants:
(b) to enable in certain circumstances the provision of financial support to people to help alleviate hardship:
(c) to ensure that the financial support referred to in paragraphs (a) and (b) is provided to people taking into account—
(i) that where appropriate they should use the resources available to them before seeking financial support under this Act; and
(ii) any financial support that they are eligible for or already receive, otherwise than under this Act, from publicly funded sources:
(d) to impose administrative and, where appropriate, work-related requirements on people seeking or receiving financial support under this Act.
Section 1A: inserted, on 24 September 2007, by section 23 of the Social Security Amendment Act 2007 (2007 No 20).
Every person exercising or performing a function, duty or power under this Act must have regard to the following general principles:
(a) work in paid employment offers the best opportunity for people to achieve social and economic well-being:
(b) the priority for people of working age should be to find and retain work:
(c) people for whom work may not currently be an appropriate outcome should be assisted to plan for work in the future and develop employment-focused skills:
(d) people for whom work is not appropriate should be supported in accordance with this Act.
Section 1B: inserted, on 24 September 2007, by section 23 of the Social Security Amendment Act 2007 (2007 No 20).
[Repealed]
Section 2: repealed, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
(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
Appeal Authority or Authority means the Social Security Appeal Authority established under section 12A; and includes any Special Social Security Appeal Authority established under section 12D
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
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) ceases to be published, a survey certified by the Government Statistician as an equivalent survey to the survey referred to in that paragraph
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
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:
(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 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
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
ceased, in relation to a person's employment, means—
(a) subject to paragraph (b), 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)),—
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
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
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
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
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
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
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 as a practitioner of the profession of dentistry
department means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act
dependent child, in relation to any person,—
(a) means a child—
(i) whose care is primarily the responsibility of the person; and
(ii) who is being maintained as a member of that person's family; and
(iii) who is financially dependent on that person:
(b) does not include a child in respect of whom payments are being made under section 363 of the Children, Young Persons, and Their Families Act 1989:
(c) despite paragraph (b), includes a child or a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989)—
(i) of whom the person is a parent within the meaning of that Act; and
(ii) to whom section 361 of that Act applies; and
(iii) who, under section 362 of that Act, is placed in the charge of the person:
disability services has the same meaning as disability support services in section 6(1) of the New Zealand Public Health and Disability Act 2000
district health board means a district health board established by or under section 19 of the New Zealand Public Health and Disability Act 2000
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
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
employment means paid employment
employment plan has the meaning specified in section 60O
employment required to satisfy the work test means,—
(a) for a part-time work-tested beneficiary, part-time work:
(b) for any other work-tested beneficiary, full-time employment
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
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
friendly society means any friendly society or branch thereof registered under the Friendly Societies and Credit Unions Act 1982
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-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
funder has the same meaning as in section 20 of the Health and Disability Services Act 1993
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
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 practitioner means a person who is, or is deemed to be, registered with an authority as a practitioner of a particular health profession under the Health Practitioners Competence Assurance Act 2003
hospital means a hospital care institution as defined in section 58(4) of the Health and Disability Services (Safety) Act 2001
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:
(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), 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 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 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 $100 a week but not more than $200 a week; and
(b) by 70 cents for every $1 of that income which is more than $200 a week
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 $100 a week but not more than $200 a week; and
(b) by 35 cents for every $1 of that income which is more than $200 a week
Income Test 3 means that the applicable rate of benefit must be reduced by 70 cents for every $1 of total income of the beneficiary and his or her spouse or partner which is more than,—
(a) if the rate of benefit is a rate of New Zealand superannuation stated in clause 2 of Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001, $100 a week; or
(b) in any other case, $80 a week
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-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
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
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
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
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
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
New Zealand superannuation means New Zealand superannuation payable under the New Zealand Superannuation and Retirement Income 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
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
open employment means employment other than sheltered employment
ordinarily resident, in relation to any person, does not include being unlawfully resident in New Zealand
overseas epidemic management notice means a notice under section 61CE
overseas pension—
(a) means a benefit, pension, or periodical allowance of a kind described in section 70(1); but
(b) does not include a benefit, pension, or periodical allowance of a kind referred to in the proviso to section 70(1); and
(c) does not include a Government occupational pension
overseas pensioner means a person to whom an overseas pension has been granted
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
participation allowance means a participation allowance under regulations made under section 132F
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-tested beneficiary means—
(a) a person with a youngest dependent child aged 6 or older, but under 18 years, and who is—
(i) a work-tested spouse or partner; or
(ii) a work-tested domestic purposes beneficiary; or
(b) a person who is a work-tested sickness beneficiary
partner, in the phrase “spouse or partner”
and in related contexts, means a civil union partner 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
periodical means regular or intermittent
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
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
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
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
resident, in relation to any person, does not include being unlawfully resident in New Zealand
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
rest home means a rest home as defined in section 58(4) of the Health and Disability Services (Safety) Act 2001
salary or wages includes commission, and any other remuneration from employment
sheltered employment includes employment in a sheltered workshop within the meaning of the Disabled Persons Employment Promotion Act 1960
sickness includes pregnancy after the 26th week
single means not married or in a civil union or a de facto relationship
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
spouse means the husband or wife of an applicant or beneficiary, as the context may require
strike has the same meaning as in section 81 of the Employment Relations Act 2000
student allowance means an allowance established by regulations made under section 303 of the Education Act 1989
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
union has the same meaning as in section 5 of the Employment Relations Act 2000
veteran's pension means a veteran's pension payable under Part 6 of the War Pensions Act 1954
work preparation exercise has the meaning given to it in section 60HA(2)
work test, in relation to a person, means the person's obligations under section 102A(1); and work test obligations has a corresponding meaning
work-test married rate—
(a) means, in relation to an unemployment benefit or a sickness benefit, a rate in Schedule 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-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]
(f) a work-tested domestic purposes beneficiary; or
(g) a work-tested sickness beneficiary
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—
(i) a sickness benefit; or
(ii) an emergency benefit; or
(iii) an invalid's benefit; or
(f) in relation to a work-tested domestic purposes beneficiary, a domestic purposes benefit under section 27B; or
(g) in relation to a work-tested sickness beneficiary, a sickness benefit
work-tested domestic purposes beneficiary means a person—
(a) who has been granted a domestic purposes benefit under section 27B; and
(b) whose youngest dependent child is aged 6 years or older, but under 18 years, or is aged 18 years and is a child in respect of whom that benefit is paid, or continues to be paid, under section 63A
work-tested sickness beneficiary means a person granted a sickness benefit who is required under section 54DA(1) to comply with the work test
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—
(c) the spouse or partner of a person granted an unemployment benefit, a sickness benefit, or an invalid's benefit, where the benefit is granted at a work-test married rate; or
(ca) the spouse or partner of a person granted an emergency benefit at a work-tested married rate if the chief executive has, under section 61A(1A), required that spouse or partner to comply with the work test; 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
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 25 December in any year and ending with 5 January in the following year
(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), 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) ofered 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 1 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% 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) activity in the community: inserted, on 2 July 2007, by section 4(1) of the Social Security Amendment Act 2007 (2007 No 20).
Section 3(1) Appeal Authority: inserted by section 2(1) of the Social Security Amendment Act 1973 (1973 No 34).
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) assessable income: repealed by section 2 of the Social Security Amendment Act (No 4) 1991 (1991 No 124).
Section 3(1) average wage: inserted, on 1 April 1997, by section 2(1) of the Social Security Amendment Act 1996 (1996 No 20).
Section 3(1) beneficiary proviso: repealed, on 1 April 1991, by section 2(1) of the Social Security Amendment Act 1991 (1991 No 1).
Section 3(1) benefit: substituted, on 25 July 1990, by section 2(1) of the Social Security Amendment Act No 2 1990 (1990 No 74).
Section 3(1) benefit paragraph (a): amended, on 1 July 2001, by section 13(1) of the Social Security Amendment Act 2001 (2001 No 1).
Section 3(1) benefit paragraph (aa): repealed, on 1 July 2001, by section 13(2) of the Social Security Amendment Act 2001 (2001 No 1).
Section 3(1) benefit paragraph (b)(i): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation Act 2001 (2001 No 84).
Section 3(1) benefit paragraph (b)(i): substituted, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 3(1) benefit paragraph (b)(i): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 3(1) benefit paragraph (b)(ia): repealed, on 15 April 2005, by section 3(1) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).
Section 3(1) benefit paragraph (b)(ii): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation Act 2001 (2001 No 84).
Section 3(1) benefit paragraph (b)(ii): substituted, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 3(1) benefit paragraph (b)(ii): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 3(1) benefit paragraph (b)(iii): substituted, on 1 July 1993, by section 2(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57)
Section 3(1) benefit paragraph (b)(iv): substituted, on 1 September 1998, by section 11(2) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) benefit paragraph (b)(iva): inserted, on 4 October 2004, by section 11(2) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Section 3(1) benefit paragraph (b)(v): repealed, on 1 October 1998, by section 18(4) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) benefit new paragraph (b)(v): inserted, on 17 November 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
Section 3(1) benefit paragraphs (b)(va) to (viii): repealed, on 17 November 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
Section 3(1) capacity for work: inserted, on 1 September 1998, by section 11(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) ceased: inserted, on 1 March 1991, by section 2(3) of the Social Security Amendment Act 1991 (1991 No 1).
Section 3(1) ceased: substituted, on 30 November 1992, by section 2(1) of the Social Security Amendment Act (No 4) 1992 (1992 No 99).
Section 3(1) ceased: amended, on 1 January 1994, by section 2 of the Social Security Amendment Act 1993 (1993 No 14).
Section 3(1) chief executive: inserted, on 1 September 1998, by section 11(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) chief executive: substituted, on 1 October 1998, by section 11 of the Employment Services and Income Support Integrated Administration) Act 1998 (1998 No 96).
Section 3(1) child: substituted, on 1 October 1982, by section 2(1) of the Social Security Amendment Act 1982 (1982 No 16).
Section 3(1) child: substituted, on 1 March 1991, by section 2(2) of the Social Security Amendment Act 1991 (1991 No 1).
Section 3(1) child: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) Commission: repealed, on 23 June 1987, by section 2(1)(a) of the Social Security Amendment Act 1987 (1987 No 106).
Section 3(1) community task force project: repealed, on 1 October 1998, by section 18(5) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) community wage: repealed, on 1 July 2001, by section 13(9) of the Social Security Amendment Act 2001 (2001 No 1).
Section 3(1) community wage earner: repealed, on 1 July 2001, by section 13(9) of the Social Security Amendment Act 2001 (2001 No 1).
Section 3(1) contract of insurance: inserted, on 2 October 1994, by section 3(1) of the Social Security Amendment Act 1994 (1994 No 86).
Section 3(1) contract of insurance: words substituted, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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) debt insurance payment: inserted, on 2 October 1994, by section 3(1) of the Social Security Amendment Act 1994 (1994 No 86).
Section 3(1) dentist: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 3(1) department: substituted, on 1 April 1990, by section 34(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Section 3(1) department: substituted, on 1 October 1998, by section 11 of the Employment Services and Income Support Integrated Administration) Act 1998 (1998 No 96).
Section 3(1) dependent child: substituted, on 24 August 2010, by section 4(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) Director-General: repealed, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 3(1) disability services: substituted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
Section 3(1) district health board: inserted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
Section 3(1) document: inserted, on 30 June 1993, by section 3(3) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
Section 3(1) domestic epidemic management notice: inserted, on 19 December 2006, by section 4 of the Social Security Amendment Act 2006 (2006 No 90).
Section 3(1) employment: inserted, on 1 September 1998, by section 11(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) employment plan: inserted, on 27 September 2010, by section 4(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) employment required to satisfy the work test: substituted, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) existing debt: inserted, on 2 October 1994, by section 3(1) of the Social Security Amendment Act 1994 (1994 No 86).
Section 3(1) family maintenance allowance: repealed, on 20 October 1972, by section 2 of the Social Security Amendment Act 1972 (1972 No 133).
Section 3(1) financially independent: inserted, on 1 March 1991, by section 2(2) of the Social Security Amendment Act 1991 (1991 No 1).
Section 3(1) financially independent paragraph (c): word substituted, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 3(1) financially independent paragraph (b): substituted, on 1 October 1998, pursuant to regulation 49 of the Student Allowance Regulations 1998 (SR 1988/277).
Section 3(1)financially independent: paragraph (d): amended, on 17 November 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
Section 3(1) friendly society: words substituted, on 1 April 1983, pursuant to section 161(2) of the Friendly Societies and Credit Unions Act 1982 (1982 No 118).
Section 3(1) full employment: inserted, on 1 October 1986, by section 2(3) of the Social Security Amendment Act 1986 (1986 No 39).
Section 3(1) full employment: amended, on 1 October 1998, by section 18(6) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) full-time student: inserted, on 1 October 1998, by section 18(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) full-time student: words substituted, on 1 October 1998, pursuant to regulation 49 of the Student Allowances Regulations 1998 (SR 1998/277).
section 3(1) funder: inserted, on 15 November 2000, by section 3(1) of the Social Security Amendment Act 2000 (2000 No 81).
Section 3(1) Government occupational pension: inserted, on 2 October 1996, by section 2 of the Social Security Amendment Act (No 6) 1996 (1996 No 157).
Section 3(1) Government occupational pension paragraph (a)(i) and (ii): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) Government occupational pension paragraph (c):amended, on 24 April 2002, by section 10 of the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
Section 3(1) Government occupational pension paragraph (d): inserted, on 24 April 2002, by section 10 of the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).
Section 3(1) guaranteed retirement income: repealed, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Section 3(1) health or disability insurance payment: inserted by section 3(1) of the Social Security Amendment Act 1994 (1994 No 86)
Section 3(1) health practitioner: inserted, on 27 September 2010, by section 4(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) hospital: inserted, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 3(1) incomesubstituted, on 2 October 1994, by section 3(2) of the Social Security Amendment Act 1994 (1994 No 86)
Section 3(1) income this definition: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 3(1) income paragraph (c):substituted, on 17 September 1997, by section 2(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 3(1) income paragraph (c): amended, on 1 July 1999, by section 415(1) of the Accident Insurance Act 1998 (1998 No 114).
Section 3(1) income paragraph (c): amended, on 1 April 2000, by section 9(1) of the Accident Insurance Amendment Act 2000 (2000 No 6).
Section 3(1) income paragraph (d)(iva): inserted, on 1 July 2002, by section 6 of the Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
Section 3(1) income paragraph (f)(i): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation Act 2001 (2001 No 84).
Section 3(1) income paragraph (f)(i): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 3(1) income paragraph (f)(i): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 3(1) income paragraph (f)(iii): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) income paragraph (f)(iva): inserted, on 1 September 1998, by section 11(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) income paragraph (f)(va): inserted, on 1 October 1998, by section 18(7) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) income paragraph (f)(ix): amended, on 1 July 1999, by section 415(1) of the Accident Insurance Act 1998 (1998 No 114).
Section 3(1) income paragraph (f)(ix): amended, on 1 April 2002, by section 337(1) of the Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).
Section 3(1) income paragraph (f)(xiii) to (xv): inserted, on 17 September 1997, by section 2(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 3(1) income paragraph (f)(xiv)(A): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) income paragraph (f)(xiv)(A): substituted, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) income paragraph (f)(xvi): inserted, on 17 November 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
Section 3(1) income paragraph (f)(xvi): amended, on 1 July 2006, by section 5(2)(h) of the Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34).
Section 3(1) income paragraph (f)(xvii): inserted, on 26 September 2002, by section 4(1) of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Section 3(1) income paragraph (f)(xviii) : inserted, on 4 June 2004, by section 4(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
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-related insurance payment: inserted by section 3(1) of the Social Security Amendment Act 1994 (1994 No 86).
Section 3(1) income-related insurance payment: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 3(1) income-related purpose: inserted, on 2 October 1994, by section 3(1) of the Social Security Amendment Act 1994 (1994 No 86).
Section 3(1) income tax: substituted, on 1 April 1969, by section 3(3) of the Land and Income Tax Amendment Act (No 3) 1968 (1968 No 49).
Section 3(1) income tax: amended, on 1 April 1995, by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 3(1) income tax: amended, on 1 April 2005, by section YA 2 of the Income Tax Act 2004 (2004 No 35).
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) Income Test 1: inserted, on 1 July 1996, by section 2(2) of the Social Security Amendment Act 1996 (1996 No 20).
Section 3(1) Income Test 1 paragraph (a): amended, on 27 September 2010, by section 4(3)(a) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) Income Test 1 paragraph (a): amended, on 27 September 2010, by section 4(3)(b) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) Income Test 1 paragraph (a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) Income Test 1 paragraph (b): amended, on 27 September 2010, by section 4(3)(b) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) Income Test 2: inserted, on 1 July 1996, by section 2(2) of the Social Security Amendment Act 1996 (1996 No 20).
Section 3(1) Income Test 2 paragraph (a): amended, on 27 September 2010, by section 4(4)(a) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) Income Test 2 paragraph (a): amended, on 27 September 2010, by section 4(4)(b) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) Income Test 2 paragraph (a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) Income Test 2 paragraph (b): amended, on 27 September 2010, by section 4(4)(b) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) Income Test 3: substituted, on 27 September 2010, by section 4(5) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) Income Test 4: inserted, on 1 July 1996, by section 2(2) of the Social Security Amendment Act 1996 (1996 No 20).
Section 3(1) Income Test 4: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) Income Test 5: repealed, on 27 September 2010, by section 4(6) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) income-tested benefit: inserted, on 1 July 1999, by section 415(1) of the Accident Insurance Act 1998 (1998 No 114).
Section 3(1) income-tested benefit paragraph (a): substituted, on 1 July 2001, by section 13(3) of the Social Security Amendment Act 2001 (2001 No 1).
Section 3(1) income-tested benefit paragraph (aa): inserted, on 1 July 2001, by section 13(3) of the Social Security Amendment Act 2001 (2001 No 1).
Section 3(1) income-tested benefit paragraph (f): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation Act 2001 (2001 No 84).
Section 3(1) income-tested benefit paragraph (f): substituted, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 3(1) income-tested benefit paragraph (f): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 3(1) income-tested benefit paragraph (h): repealed, on 15 April 2005, by section 3(2) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).
Section 3(1) job seeker contract: repealed, on 1 July 2001, by section 13(9) of the Social Security Amendment Act 2001 (2001 No 1).
Section 3(1) living with a parent: inserted, on 1 July 1998, by section 2(2) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) married rate: inserted, on 9 February 1977, by section 2(2) of the Social Security Amendment Act 1976 (1976 No 40).
Section 3(1) married rate: substituted, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) married rate: substituted, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) medical practitioner: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 3(1) midwife: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 3(1) Minister: inserted, on 1 October 1998, by section 11 of the Employment Services and Income Support (integrated Administration) Act 1998 (1998 No 96).
Section 3(1) national superannuation: repealed, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Section 3(1) net average wage: repealed, on 1 April 1997, by section 2(3) of the Social Security Amendment Act 1996 (1996 No 20).
Section 3(1) New Zealand superannuation: inserted, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Section 3(1) New Zealand superannuation: substituted, on 12 October 2001, by section 77 of the New Zealand Superannuation Act 2001 (2001 No 84).
Section 3(1) New Zealand superannuation: amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 3(1) non-entitlement period: inserted, on 1 April 1997, by section 2(4) of the Social Security Amendment Act 1996 (1996 No 20).
Section 3(1) non-entitlement period: substituted, on 1 October 1998, by section 18(2) of the Social Security Amendment Act 1998 (1998 No 19).
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) nurse: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 3(1) occupational therapist: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 3(1) open employment: inserted, on 1 September 1998, by section 11(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) ordinarily resident: inserted, on 1 March 1991, by section 2(3) of the Social Security Amendment Act 1991 (1991 No 1).
Section 3(1) organised activity: repealed, on 1 July 2001, by section 13(9) of the Social Security Amendment Act 2001 (2001 No 1).
Section 3(1) overseas epidemic management notice: inserted, on 19 December 2006, by section 4 of the Social Security Amendment Act 2006 (2006 No 90).
Section 3(1) overseas pension: inserted, on 2 October 1996, by section 2 of the Social Security Amendment Act (No 6) 1996 (1996 No 157).
Section 3(1) overseas pensioner: inserted, on 2 October 1996, by section 2 of the Social Security Amendment Act (No 6) 1996 (1996 No 157).
Section 3(1) parent: inserted, on 1 July 1998, by section 2(2) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) participation allowance: inserted, on 1 October 1998, by section 18(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) partner: inserted, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) partner: amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) part-time work: inserted, on 1 April 1997, by section 2(5) of the Social Security Amendment Act 1996 (1996 No 20).
Section 3(1) part-time work: amended, on 1 October 1998, by section 18(8) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) part-time work-tested beneficiary: substituted, on 2 May 2011, by section 4(15) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) pay day: inserted, on 9 February 1977, by section 2(3) of the Social Security Amendment Act 1976 (1976 No 40).
Section 3(1) pay day: substituted, on 23 June 1987, pursuant to section 2(3)(b) of the Social Security Amendment Act 1987 (1987 No 106).
Section 3(1) pay day: substituted, on 1 April 1990, by section 37(1) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Section 3(1) pay day: amended, on 17 September 1997, by section 2(3) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 3(1) pay day: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 3(1) pay period: repealed, on 1 April 1990, by section 37(1)(b) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Section 3(1) periodical: inserted, on 2 October 1994, by section 3(1) of the Social Security Amendment Act 1994 (1994 No 86).
Section 3(1) personal development and employment plan: repealed, on 27 September 2010, by section 4(8) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) physiotherapist: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 3(1) principal caregiver: inserted, on 25 July 1990, by section 2(1) of the Social Security Amendment Act (No 2) 1990 (1990 No 74).
Section 3(1) principal caregiver: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 3(1) principal caregiver paragraph (b)(ii): repealed, on 1 October 2004, by section 59(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
Section 3(1) psychologist: inserted, on 1 September 1998, by section 11(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) psychologist: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 3(1) purchaser: repealed, on 15 November 2000, by section 3(2) of the Social Security Amendment Act 2000 (2000 No 81).
Section 3(1) redundancy payment: repealed, on 30 November 1992, by section 2(3) of the Social Security Amendment Act (No 4) 1992 (1992 No 99).
Section 3(1) regular: inserted, on 1 October 1998, by section 18(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) resident: inserted, on 1 March 1991, by section 2(3) of the Social Security Amendment Act 1991 (1991 No 1).
Section 3(1) residential care disability services: repealed, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 3(1) residential care services: inserted, on 17 September 1997, by section 2(4) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 3(1) residential care servicesparagraph (f): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
Section 3(1) residential care services: amended, on 1 October 2002 by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
Section 3(1) rest home: inserted, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 3(1) salary or wages: inserted, on 1 March 1991, by section 2(3) of the Social Security Amendment Act 1991 (1991 No 1).
Section 3(1) sheltered employment: inserted, on 1 September 1998, by section 11(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) sickness: inserted, on 1 September 1998, by section 11(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) single: inserted, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) single: substituted, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) social security income tax: repealed, on 1 April 1969, by section 3(2) of the Land and Income Tax Amendment Act (No 3) 1968 (1968 No 49).
Section 3(1) sole parent: inserted, on 25 July 1990, by section 2(1) of the Social Security Amendment Act (No 2) 1990 (1990 No 74).
Section 3(1) sole parent: substituted, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) sole parentparagraph (b): substituted, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) spouse:inserted, on 11 October 1978, by section 2(2) of the Social Security Amendment Act 1978 (1978 No 58).
Section 3(1) strike: substituted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).
Section 3(1) student allowance: inserted, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 3(1) suitable employment: inserted, on 1 October 1998, by section 18(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) suitable employment: substituted, on 1 October 1998, by section 2(2) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).
Section 3(1) suitable employment: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
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) temporary employment: inserted, on 1 March 1991, by section 2(3) of the Social Security Amendment Act 1991 (1991 No 1).
Section 3(1) temporary employment: amended, on 9 December 1994, by section 2 of the Social Security Amendment Act (No 2) 1994 (1994 No 142).
Section 3(1) transitional retirement benefit: repealed, on 15 April 2005, by section 3(3) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).
Section 3(1) union: inserted, on 1 March 1991, by section 2(3) of the Social Security Amendment Act 1991 (1991 No 1).
Section 3(1) union: substituted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).
Section 3(1) veteran's pension: inserted, on 1 April 1990, by section 14(3) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Section 3(1) veteran's pension: substituted, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 3(1) work preparation exercise: inserted, on 1 February 1999, by 5section 8(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) work test: inserted, on 1 October 1998, by section 18(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) work test: substituted, on 1 October 1998, by section 2(2) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).
Section 3(1) work test: amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-test married rate: inserted, on 1 February 1999, by section 58(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) work-test married rate paragraph (a): amended, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-test married rate paragraph (a): words substituted, on 1 July 2001, by section 13(4) of the Social Security Amendment Act 2001 (2001 No 1).
Section 3(1) work-test married rate paragraph (a): words substituted, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) work-test married rate paragraph (a): words inserted, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) work-test married rate paragraph (b)(i): words inserted, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) work-test married rate paragraph (b)(i): words inserted, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) work-test married rate paragraph (b)(i): words inserted, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) work-test married rate paragraph (b)(ii): words inserted, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) work-test married rateparagraph (b)(ii): words substituted, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 3(1) work-test married rate paragraph (c)(i): words inserted, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) work-test married rate paragraph (c)(ii): substituted, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 3(1) work-test married rate paragraph (c)(ii): words inserted, on 1 July 2005, by section 7 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) work-tested beneficiary: substituted, on 1 October 1998, by section 18(2) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) work-tested beneficiary paragraph (a): substituted, on 1 July 2001, by section 13(5) of the Social Security Amendment Act 2001 (2001 No 1).
Section 3(1) work-tested beneficiary paragraph (b):amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) work-tested beneficiary paragraph (c): repealed, on 10 March 2003, by section 4(4) of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Section 3(1) work-tested beneficiary paragraph (d): repealed, on 10 March 2003, by section 4(4) of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
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 beneficiary paragraph (f): added, on 27 September 2010, by section 4(9) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-tested beneficiary paragraph (f): amended, on 2 May 2011, by section 4(16) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-tested beneficiary paragraph (g): inserted, on 2 May 2011, by section 4(16) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-tested benefit: substituted, on 1 October 1998, by section 18(2) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(1) work-tested benefit paragraph (b): repealed, on 10 March 2003, by section 4(5) of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Section 3(1) work-tested benefit paragraph (c): repealed, on 10 March 2003, by section 4(5) of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
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).
Section 3(1) work-tested benefit paragraph (e): substituted, on 27 September 2010, by section 4(10) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-tested benefit paragraph (f): added, on 27 September 2010, by section 4(10) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-tested benefit paragraph (f): amended, on 2 May 2011, by section 4(17) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-tested benefit paragraph (g): inserted, on 2 May 2011, by section 4(17) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-tested domestic purposes beneficiary: repealed, on 10 March 2003, by section 4(6) of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Section 3(1) work-tested domestic purposes beneficiary: substituted, on 27 September 2010, by section 4(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-tested sickness beneficiary: inserted, on 2 May 2011, by section 4(14) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-tested spouse: repealed, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) work-tested spouse or partner: inserted, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(1) work-tested spouse or partner paragraph (b): amended, on 27 September 2010, by section 4(11) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-tested spouse or partner paragraph (c): amended, on 27 September 2010, by section 4(12) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-tested spouse or partner paragraph (ca): inserted, on 27 September 2010, by section 4(13) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 3(1) work-tested spouse or partner paragraph (d): amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 3(1) work-tested spouse or partner paragraph (d): amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 3(1) work-tested widow's beneficiary: repealed, on 10 March 2003, by section 4(6) of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Section 3(1) working day: inserted, on 30 June 1993, by section 2(6) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
Section 3(1) working day paragraph (a) : inserted, on 1 October 1998, by section 2(2) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).
Section 3(1) working day paragraph (aa): inserted, on 1 October 1998, by section 2(2) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).
Section 3(1): amended, on 1 July 1998, by section 2(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(2): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(2A): repealed, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(3): inserted, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Section 3(3): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation Act 2001 (2001 No 84).
Section 3(3): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 3(3): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 3(3): amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 3(3)(a): substituted, on 12 October 2001, by section 77 of the New Zealand Superannuation Act 2001 (2001 No 84).
Section 3(3)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(3)(c): amended, on 1 April 2005, by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Section 3(3)(c)(i): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 3(3)(c)(i): amended, on 1 April 1995, by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 3(3)(c)(ii): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 3(3)(c)(ii): amended, on 1 April 1995, by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 3(3)(d)(ii): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(4): inserted by section 3(3) of the Social Security Amendment Act 1994 (1994 No 86).
Section 3(4): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 3(5): inserted, on 1 April 1997, by section 2(7) of the Social Security Amendment Act 1996 (1996 No 20).
Section 3(5): amended, on 1 January 1998, by section 10(1) of the Social Security Amendment Act (No 3) 1997 (1997 No 23).
Section 3(5): substituted, on 1 October 1998, by section 18(11) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(5): amended, on 1 February 1999, by section 58(8) of the Social Security Amendment Act 1998 (1998 No 19).
Section 3(5): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 3(6): inserted, on 2 July 2007, by section 4(2) of the Social Security Amendment Act 2007 (2007 No 20).
[Repealed]
Section 3A: repealed, on 1 October 1998, by section 11 of the Employment Services and Income Support (integrated Administration) Act 1998 (1998 No 96).
[Repealed]
Section 4: repealed, on 1 April 1972, by section 15(4) of the Department of Social Welfare Act 1971 (1971 No 60).
(1) In the exercise of powers, functions, and discretions conferred on the chief executive by this Act or the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or the New Zealand Superannuation Act 2001, the chief executive must comply with any general or special directions given to the chief executive in writing by the Minister.
(2) As soon as practicable after giving a direction under subsection (1), the Minister must publish in the Gazette and present to the House of Representatives a copy of the direction.
Section 5: substituted, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 5(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation Act 2001 (2001 No 84).
Section 5(1): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
[Repealed]
Section 6: repealed, on 23 June 1987, by section 2(3)(e) of the Social Security Amendment Act 1987 (1987 No 106).
[Repealed]
Section 7: repealed, on 23 June 1987, by section 2(3)(e) of the Social Security Amendment Act 1987 (1987 No 106).
[Repealed]
Section 8: repealed by section 17(2) of the Department of Social Welfare Act 1971 (1971 No 60).
[Repealed]
Section 9: repealed, on 23 June 1987, by section 2(3)(e) of the Social Security Amendment Act 1987 (1987 No 106).
[Repealed]
Section 10: repealed, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
(1) This section applies to—
(a) an applicant or beneficiary affected by a decision made by any person in the exercise of any power, function, or discretion conferred on the person by delegation , against which the applicant or beneficiary has a right of appeal under section 12J; or
(b) an applicant, beneficiary, or other person in respect of whom a person makes any decision in the exercise of a power under section 19D(1)(a) of the Social Welfare (Transitional Provisions) Act 1990 conferred on the decision-making person by delegation , against which the applicant or beneficiary or other person has a right of appeal under section 12J.
(1A) A person to whom this section applies may apply in writing for a review of the decision to the appropriate benefits review committee established under this section.
(1B) The application must be made—
(a) within 3 months after receiving notification of the decision; or
(b) if the committee considers there is good reason for the delay, within such further period as the committee may allow on application made either before or after the expiration of that period of 3 months.
(1C) For the purposes of subsection (1), a person in respect of whom a decision or determination is made under Part 4 or under regulations made under section 155 is to be treated as a beneficiary.
(2) The Minister shall establish at least 1 benefits review committee for every office of the Department where decisions or recommendations in relation to the matter or matters to which the Act applies are being made or was taken or made.
(3) Every benefits review committee shall consist of—
(a) a person resident in or closely connected with the office of the Department where decisions or recommendations in relation to the matter or matters to which the Act applies are being made or was taken or made appointed by the Minister to represent the interests of the community on the committee:
(b) [Repealed]
(c) two officers of the Department appointed by the chief executive—
(i) from time to time; or
(ii) in respect of the particular review.
(4) The member of the benefits review committee appointed under subsection (3)(a)—
(a) shall hold office during the Minister's pleasure:
(b) may be paid out of the Department's Bank Account, from money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951; and that Act shall apply accordingly:
(c) shall not be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 by reason only of his or her membership of the benefits review committee.
(5) All secretarial and administrative services required for the purposes of the review committee shall be supplied by the Department.
(6) At any meeting of the review committee the quorum shall be the total membership, and the decision of any 2 members of the review committee shall be the decision of the committee.
(7) No officer of the Department shall act as a member of the review committee if that officer was involved in the decision being reviewed.
(8) As soon as practicable after receiving an application for review the review committee shall review the decision and may, in accordance with this Act, confirm, vary, or revoke the decision.
(9) On reaching a decision on any review, the review committee shall give written notification of its decision to the applicant for review and shall include in the notification—
(a) the reasons for the review committee's decision; and
(b) advice that the applicant has a right of appeal against the decision to the Social Security Appeal Authority.
Section 10A: inserted, on 23 June 1987, by section 4 of the Social Security Amendment Act 1987 (1987 No 106).
Section 10A(1): substituted, on 23 November 2000, by section 8(1) of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).
Section 10A(1)(a) amended, on 26 September 2002, by section 5(a) of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Section 10A(1)(b): amended, on 26 September 2002, by section 5(b) of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Section 10A(1)(c): inserted, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 10A(1A): inserted, on 23 November 2000, by section 8(1) of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).
Section 10A(1A): amended, on 7 July 2010, by section 4 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).
Section 10A(1B): inserted, on 23 November 2000, by section 8(1) of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).
Section 10A(2): substituted, on 1 August 1991, by section 3 of the Social Security Amendment Act (No 2) 1991 (1991 No 78).
Section 10A(2): amended, on 1 April 1992, by section 4(e) of the Social Security Amendment Act 1992 (1992 No 15).
Section 10A(3)(a): substituted, on 1 April 1991, by section 3 of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
Section 10A(3)(a): amended, on 1 April 1992, by section 4(e) of the Social Security Amendment Act 1992 (1992 No 15).
Section 10A(3)(b): repealed, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 10A(3)(c): inserted, on 1 April 1997, by section 4 of the Social Security Amendment Act 1996 (1996 No 20).
Section 10A(3)(c): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 10A(4): substituted, on 1 April 1991, by section 3 of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
(1) Subject to this section and to the code of conduct established under section 11B, the chief executive, for any purpose specified in subsection (2), may by notice in writing require any person (including any person who is an officer or employee in the service of the Crown in a Government department or public body (other than as an officer of a Court), in his or her official capacity,)—
(a) to provide the Department or a specified employee of the Department with such information as the chief executive requires; or
(b) to produce to the Department or to a specified employee of the Department any document in the custody of or under the control of that person, and to allow copies of or extracts from any such document to be made or taken; or
(c) to furnish to the Department or to a specified employee of the Department any copies or extracts from any document or record in the custody or under the control of that person—
within a period (being not less than 5 working days after the notice is given) and in the manner specified in the notice, and without charge.
(2) The purposes specified in subsection (1) are—
(a) determining whether a person who is receiving, or has received, or made a claim for, a benefit or payment under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001 or under a welfare programme approved by the Minister under section 124(1)(d) of this Act is or was entitled to receive that benefit or that payment; or
(b) determining the rate of benefit or payment that is or was applicable to that person; or
(c) determining whether a person who has been issued with, or has made a claim for, an entitlement card under regulations in force under section 132A, is or was entitled to be issued with that card; or
(d) conducting or reviewing a means assessment under Part 4 (relating to payment for contracted care services as defined in section 136), or determining whether any such means assessment is correct; or
(da) determining, pursuant to section 69FA, the amount that any person is required to pay towards the cost of the home-based disability support services supplied to that person, and whether a person who has been so assessed is entitled to that assessment; or
(e) ascertaining the financial circumstances or whereabouts of any person who is indebted to the Crown under—
(i) this Act; or
(ii) sections 27I to 27ZI (except section 27X) of, and Schedule 20 to, this Act (as preserved by section 256(1) of the Child Support Act 1991); or
(iii) section 61CA of this Act; or
(f) discharging the chief executive's functions under this Act or under any regulations in force under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001 or under any welfare programme approved by the Minister under section 124(1)(d) of this Act.
(3) A person who—
(a) refuses or fails without reasonable excuse to comply with a notice under this section to the extent that the person is capable of complying with it; or
(b) in purported compliance with such a notice knowingly or recklessly furnishes information which is false or misleading in any material particular, or attempts to do so,—
commits an offence and is liable on summary conviction to a fine not exceeding $2,000.
(4) Nothing in subsection (1) requires any person to provide any information or produce any document that would be privileged in a court of law, except as provided in subsection (5).
(5) Nothing in subsection (1) of this section shall require any person to provide any information or to produce any document that is legally professionally privileged:
provided that this subsection shall not apply to information or any document that consists wholly or partly of, or relates wholly or partly to,—
(a) the receipts, payments, income, expenditure, or financial transactions of a specified person (whether a law practitioner, his or her client, or any other person); or
(b) investment receipts (being receipts arising or accruing from any money lodged at any time with a law practitioner for investment) of any person or persons (whether the law practitioner, his or her clients, or any other person or persons)—
and is contained in, or comprises the whole or part of, any book, account, statement, or other record prepared by or kept in connection with a trust account of the law practitioner.
(6) Where any person refuses to disclose any information or document on the ground that it is privileged under subsection (4) or subsection (5), the chief executive or that person or any other person to whom the information or document relates may apply to a District Court Judge for an order determining whether or not the claim of privilege is valid; and, for the purposes of determining any such application, the Judge may require the information or document to be produced to the Court.
(7) [Repealed]
(8) In this section—
law practitioner means a barrister or solicitor of the High Court, and includes a firm or an incorporated law firm (within the meaning of the Lawyers and Conveyancers Act 2006) in which the law practitioner is, or is held out to be, a partner, director, or shareholder
trust account, in relation to a law practitioner, has the same meaning as in section 6 of the Lawyers and Conveyancers Act 2006.
Section 11: substituted, on 30 June 1993, by section 3 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
Section 11(1): amended, on 17 September 1997, by section 4(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 11(2)(a): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 11(2)(a): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation Act 2001 (2001 No 84).
Section 11(2)(a): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 11(2)(a): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 11(2)(d): substituted, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 11(2)(da): inserted, on 17 September 1997, by section 4(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 11(2)(e): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 11(2)(f): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation Act 2001 (2001 No 84).
Section 11(2)(f): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 11(2)(f): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 11(3): amended, on 17 September 1997, by section 4(3) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 11(4): substituted, on 17 September 1997, by section 4(4) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 11(6): amended, on 17 September 1997, by section 4(5)(a) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 11(6): amended, on 17 September 1997, by section 4(5)(b) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 11(7): repealed, on 17 September 1997, by section 4(6) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 11(8): substituted, on 1 August 2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).
(1) Where the chief executive has reason to suspect that there is, or may have been, any person or persons in the employ of any employer—
(a) to whom benefits or payments under this Act have been paid; or
(b) to whom entitlement cards have been issued; or
(c) in respect of whom or whose spouse or partner, a means assessment under Part 4 has been conducted—
that should not have been, the chief executive may, subject to this section, issue a notice under section 11(1) requiring that employer to provide the following information within a specified period:
(d) the names and addresses of that employer's employees or a specified class of employees (including any former employees who were employed by that employer within a specified period); and
(e) the tax file numbers of those employees or former employees.
(2) The chief executive may issue a notice to an employer pursuant to subsection (1) whether or not the chief executive is able to identify any employees or former employees of that employer as being individuals who—
(a) are or have been receiving a benefit or payment under this Act; or
(b) are or have been issued with entitlement cards pursuant to regulations in force under this Act; or
(c) have had their financial circumstances, or the financial circumstances of their spouse or partner, assessed under this Act.
(3) The chief executive shall not issue a notice to any employer pursuant to subsection (1) more than once in any 12-month period.
(4) Where the chief executive obtains information pursuant to a notice issued under subsection (1), and that information, when used in an information-matching programme, produces a discrepancy, the chief executive shall not take adverse action against any individual in relation to that discrepancy—
(a) unless the chief executive has given that individual written notice—
(i) specifying particulars of the discrepancy and of the adverse action the chief executive proposes to take; and
(ii) stating that the individual has 5 working days from the receipt of the notice in which to show cause why the action should not be taken; and
(b) until the expiration of those 5 working days.
(5) Nothing in subsection (4) prevents the chief executive from taking adverse action against an individual if compliance with the requirements of that subsection would prejudice any investigation into the commission of an offence or the possible commission of an offence.
(6) The provisions of sections 100 to 102 and 104 to 106 of the Privacy Act 1993, and of the information matching rules specified in Schedule 4 to that Act, shall apply, with all necessary modifications, to any information obtained by the chief executive pursuant to subsection (1) of this section and to any information matching programme using that information; but, notwithstanding anything in rule 4 of those rules,—
(a) the chief executive shall not be required to prepare more than one technical standards report in respect of information received from any employer or employers pursuant to subsection (1) where the standards in that report are to apply to information so obtained from any employers generally; and
(b) the chief executive shall not be required to make that report available to any employer given notice pursuant to subsection (1), and nor shall any such employer be required to hold a copy of that report.
(7) Where the chief executive fails to comply, in relation to any individual, with subsection (4) or with any of the provisions of the sections or rules applied by subsection (6), the failure shall, for the purposes of Part 8 of the Privacy Act 1993, be deemed to constitute a failure to comply with the provisions of Part 10 of that Act.
(8) In this section, information matching programme means the comparison of information obtained pursuant to subsection (1) with other personal information held by the Department for the purpose of producing or verifying information about an identifiable individual; and expressions otherwise defined in section 97 of the Privacy Act 1993 shall have the meanings so defined, with any necessary modifications.
(9) Nothing in this section shall limit or affect the provisions of section 103(1A) of the Privacy Act 1993.
(10) In this section, tax file number has the same meaning as in section YA 1 of the Income Tax Act 2007.
Section 11A: substituted, on 30 June 1993, by section 3 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).
Subsection Section 11A(1)(c): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 11A(1)(c): amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 11A(2)(c): substituted, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 11A(10): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 11A(10): amended, on 1 April 1995, by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 11A(10): amended, on 1 April 2005, by section YA 2 of the Income Tax Act 2004 (2004 No 35).
(1) The chief executive, in consultation with the Privacy Commissioner appointed under the Privacy Act 1993, must, within 3 months after the commencement of this section, issue a code of conduct that applies in respect of requirements to supply information or documents under section 11(1), and the chief executive, and every officer of the Department acting under the delegation of the chief executive must comply with that code of conduct in relation to making any such requirement.
(2) The code of conduct—
(a) must include the matters specified in section 11C; and
(b) may include restrictions on obtaining—
(i) specified classes of information or documents; and
(ii) information or documents from specified classes of persons or from persons in specified relationships—
pursuant to a requirement under section 11(1); and
(c) must specify procedures applying to the obtaining of information or documents under section 11.
(3) The chief executive may from time to time, in consultation with the Privacy Commissioner, amend the code of conduct, or revoke the code of conduct and issue a new code of conduct.
(4) Nothing in the code of conduct may derogate from any code of practice issued by the Privacy Commissioner under Part 6 of the Privacy Act 1993 that applies to the information required under section 11, and the chief executive, in consultation with the Privacy Commissioner, must amend the code of conduct to conform with any such code of practice. This subsection is affected by subsection (5).
(5) Without limiting the general power to make regulations conferred by section 132, the Governor-General may, on the advice of the Minister given after consultation with the Privacy Commissioner, by Order in Council, make regulations under that section authorising the chief executive to obtain—
(a) any specified class of information or document; or
(b) information or documents from any specified class of persons; or
(c) information or documents in any specified manner—
pursuant to a requirement under section 11(1), despite the fact that the making of that requirement would otherwise be in breach of any code of practice issued by the Privacy Commissioner under Part 6 of the Privacy Act 1993.
(6) Any person who is—
(a) required to produce any information or document pursuant to a requirement under section 11(1); or
(b) the subject of any such information or document—
may make a complaint to the Privacy Commissioner that the requirement breaches the code of conduct issued pursuant to this section.
(7) Part 8 of the Privacy Act 1993 applies to any such complaint as if the code of conduct were a code of practice issued under Part 6 of the Privacy Act 1993.
(8) As soon as practicable after issuing any code of conduct and any amendment to it under this section, the chief executive must cause it to be published in a form accessible to the public.
Section 11B: inserted, on 17 September 1997, by section 5 of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 11B(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 11B(3): words substituted, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 11B(4): words substituted, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 11B(5): words substituted, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 11B(8): words substituted, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
(1) The code of conduct established under section 11B must contain the following matters:
(a) provisions—
(i) requiring any information or document to be first sought from a beneficiary; and
(ii) allowing the beneficiary a reasonable time to provide it—
before a requirement under section 11(1) is issued to a person other than the beneficiary, except where compliance with such provision would prejudice the maintenance of the law:
(b) a provision prohibiting a requirement under section 11(1) being made in respect of a beneficiary to any person (not being the beneficiary, an employer or former employer of the beneficiary, a financial institution, or a law practitioner) unless there is reasonable cause to make a requirement under that section:
(c) a provision prohibiting a requirement under section 11(1) being made to an employer in respect of any information or document that relates solely to the marital or relationship status of an employee or former employee of that employer:
(d) provisions otherwise restricting requirements under section 11(1) made to employers to specified information relating to that employment and the address of the employee or former employee.
(2) In subsection (1)(b), reasonable cause includes—
(a) cause to suspect that the beneficiary has committed an offence under this Act or has obtained by fraud any payment or credit or advance under this Act:
(b) the fact that the beneficiary or a spouse or partner of that beneficiary has failed within a reasonable time, or refused, to provide any information or produce any document in accordance with a request or requirement made to that person in accordance with subsection (1)(a).
Section 11C: inserted, on 17 September 1997, by section 5 of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 11C(1)(c): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 11C(2)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
(1) A benefit must not be granted to an applicant unless the requirement stated in subsection (2) has been complied with.
(2) The requirement referred to in subsection (1) is that the department has received—
(a) an application form (provided by the chief executive for the purpose) completed by or on behalf of the applicant and his or her spouse or partner (if any) to the chief executive's satisfaction; and
(b) any supporting evidence (for example, a medical certificate) reasonably required by the chief executive.
(3) The form referred to in subsection (2)(a) does not have to refer to a benefit of any particular kind.
(4) The receipt by the department of a completed application form relating to a benefit of one kind is sufficient compliance with subsection (2)(a) to enable the granting of a benefit of another kind.
(5) The chief executive—
(a) may waive all or part of a requirement to provide information under this section if satisfied that the department—
(i) already holds the information concerned; or
(ii) already holds enough other information to determine the matter for which the information concerned is needed; and
(b) may waive the requirement to complete an application form if satisfied that the department already holds a form relating to an application that has lapsed under subsection (8).
(6) Subsection (1) is subject to subsection (5) and to section 81(3).
(7) If the requirement stated in subsection (2) has been complied with, an application for a benefit must for the purposes of sections 80 and 80BA be treated as having been received on the date of first contact.
(8) An application for a benefit lapses at the close of the period of 20 working days after the date of first contact (as from time to time extended under subsection (10)) unless, within the period, the requirement stated in subsection (2) has been complied with.
(9) Subsection (8) does not apply to an application for a benefit made by a person resident in an overseas country to the competent authority of that country pursuant to an agreement or convention given effect in relation to New Zealand by an Order in Council made pursuant to section 19 of the Social Welfare (Transitional Provisions) Act 1990.
(10) Before or after the expiration of the period referred to in subsection (8), the chief executive may extend that period, if in any particular case he or she thinks that there is a good and sufficient reason for non-compliance with the requirement stated in subsection (2) within that period.
(11) The combined effect of subsections (1) and (8) is that an applicant whose application for a benefit has lapsed cannot become entitled to the benefit without applying for it again and establishing his or her eligibility to receive it.
(12) This section is subject to section 96A.
Section 11D: inserted, on 24 September 2007, by section 24 of the Social Security Amendment Act 2007 (2007 No 20).
(1) Every claim for a benefit shall be investigated by the chief executive or by an officer of the Department acting with the authority of the chief executive, and all benefits shall (subject to any delegation of the chief executive's powers under this Act) be granted by the chief executive.
(1AA) If he or she thinks an investigation into an application for a benefit of kind A is unlikely to be completed quickly (for example, because of the need to obtain further medical evidence), the chief executive may grant the applicant a benefit of kind B to which the applicant is entitled, on the basis that a benefit of kind A will be granted retroactively if it becomes apparent that the applicant is entitled to a benefit of kind A; and in that case, if (when the investigation has been completed) it becomes apparent that the applicant is in fact entitled to a benefit of kind A, the chief executive may—
(a) grant the applicant a benefit of kind A commencing on the date on which it would have commenced if the investigation had been completed before the benefit of kind B was granted; and
(b) terminate the benefit of kind B on that date.
(1A) The chief executive or any officer of the Department acting with the authority of the chief executive may investigate the circumstances of any person who has been in receipt of a benefit as those circumstances existed immediately before the benefit was granted or during the period that the benefit was paid.
(2) It shall be the duty of every person (including the applicant) to answer all questions put to him by the chief executive or by any officer of the Department concerning any applicant for a benefit or any person who is or has been in receipt of a benefit or concerning any statements contained in any application for a benefit, or concerning the means, earning capacity, and economic circumstances of any person, for the purposes of section 46 or section 91 of the Family Proceedings Act 1980, or of any person who is or may be liable to maintain any applicant for a benefit or any beneficiary, or any dependant of such an applicant or of a beneficiary.
(3) Every person commits an offence who demands or accepts from any applicant or from any other person any fee or other consideration for procuring or endeavouring to procure the grant of a benefit.
Compare: 1938 No 7 s 59
Section 12(1AA): inserted, on 24 September 2007, by section 25 of the Social Security Amendment Act 2007 (2007 No 20).
Section 12(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 12(1A): inserted, on 24 August 1979, by section 3(1) of the Social Security Amendment Act 1979 (1979 No 14).
Section 12(2): amended, on 1 January 1970, by section 3(1) of the Social Security Amendment Act 1969 (1969 No 46).
Section 12(2): amended, on 20 October 1972, by section 3 of the Social Security Amendment Act 1972 (1972 No 133).
Section 12(2): amended, on 1 October 1981, by section 189(1) of the Family Proceedings Act 1980 (1980 No 94).
Section 12(2): amended, on 11 October 1978, by section 3 of the Social Security Amendment Act 1978 (1978 No 58).
Section 12(2): amended, on 24 August 1979, by section (2)(a) and (b) of the Social Security Amendment Act 1979 (1979 No 14).
Section 12(2): amended, on by section 3 of the Social Security Amendment Act 1980 (1980 No 157).
Section 12(2): amended, on 1 July 1992, by section 4(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).
Heading: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
(1) There is hereby established an Authority to be known as the Social Security Appeal Authority.
(2) The Authority shall consist of 3 persons appointed by the Governor-General on the recommendation of the Minister given after consultation with the Minister of Justice.
(3) One of the members shall be appointed as Chairman of the Authority.
Section 12A: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
(1) Except as otherwise provided by this Act, every member of the Appeal Authority shall hold office for a term of 3 years, and shall be eligible for reappointment from time to time.
(2) Notwithstanding anything to the contrary in this Act, every member of the Appeal Authority shall, unless he sooner vacates his office under section 12C, continue in office until his successor comes into office.
Section 12B: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
(1) Any member of the Appeal Authority may at any time be removed from office by the Governor-General for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General, or may at any time resign his office by written notice to the Minister.
(2) When the office of any member becomes vacant by death, resignation, or removal from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made.
(3) Every person appointed to fill an extraordinary vacancy shall hold office for the residue of the term for which his predecessor would have held office if the vacancy had not occurred.
(4) The powers of the Appeal Authority shall not be affected by any vacancy in its membership.
Section 12C: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
Section 12C(1): amended, on 1 January 2002, by section 70(1) of the Human Rights Amendment Act 2001 (2001 No 96).
(1) In addition to the Appeal Authority established by section 12A, there may from time to time be established in accordance with this section one or more Special Authorities each of which shall be known as a Special Social Security Appeal Authority.
(2) Every Special Social Security Appeal Authority shall consist of 3 persons appointed by the Governor-General on the recommendation of the Minister given after consultation with the Minister of Justice, and those members shall hold office during the pleasure of the Governor-General.
(3) One of the members shall be appointed as Chairman of the Authority.
(4) Any member of a Special Social Security Appeal Authority may from time to time be reappointed, or may at any time resign his office by written notice to the Minister.
Section 12D: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
(1) In the event of the incapacity of any member of the Appeal Authority by reason of illness or absence or any other cause, the Governor-General may, on the recommendation of the Minister given after consultation with the Minister of Justice, appoint some other person qualified for appointment to act in the place of the Chairman or member, as the case may require. Every person so appointed as deputy shall, while the incapacity continues, be deemed for all purposes to be the Chairman or a member of the Authority, as the case may be.
(2) No appointment of a deputy, and no acts done by a deputy acting as Chairman or by the Authority, while the deputy is acting as such, shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased.
(3) Notwithstanding the provisions of subsections (1) and (2), the Governor-General may, on the recommendation of the Minister given after consultation with the Minister of Justice, appoint some other person qualified for appointment to be Deputy Chairman, to act as Chairman from time to time as required.
Section 12E: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
Section 12E(3): inserted, on 21 January 1981, by section 2 of the Social Security Amendment Act (No 2) 1980 (1980 No 158).
(1) The Appeal Authority is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.
(2) There shall be paid, out of money appropriated by Parliament for the purpose, to the members of the Appeal Authority remuneration by way of fees, salary, or allowances, and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.
Section 12F: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
The chief executive of the Department for Courts shall designate an officer of the Department for Courts to be secretary to the Appeal Authority, and shall provide such secretarial, recording, and clerical services as may be necessary to enable the Appeal Authority to discharge its functions.
Section 12G: substituted, on 1 July 1995, by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
The Authority shall have a seal, which shall be judicially noticed by all Courts for all purposes.
Section 12H: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
(1) The functions of the Appeal Authority shall be to sit as a judicial authority for the determination of appeals in accordance with section 12J of this Act and section 16A of the War Pensions Act 1954.
(2) In hearing and determining any appeal, the Appeal Authority shall have all the powers, duties, functions, and discretions that the chief executive had in respect of the same matter.
Section 12I: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
Section 12I(2): amended, on 23 June 1987, pursuant to section 2(3)(b) of the Social Security Amendment Act 1987 (1987 No 106).
Section 12I(2): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
(1) Any applicant or beneficiary affected may appeal to the Appeal Authority against any decision or determination of the chief executive under—
(b) section 124(1)(d); or
(c) Part 1 of the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954; or
(ca) Part 1 of the New Zealand Superannuation and Retirement Income Act 2001; or
(d) the Family Benefits (Home Ownership) Act 1964; or
(e) any regulations in force under section 132A or section 155—
that has been confirmed or varied by a benefits review committee under section 10A, or that was made by the chief executive other than pursuant to a delegation.
(1A) An applicant or beneficiary or other person may appeal to the Appeal Authority against a decision—
(a) that was made in relation to that person by the chief executive under the power conferred by section 19D(1)(a) of the Social Welfare (Transitional Provisions) Act 1990; and
(b) that has been confirmed or varied by a benefits review committee under section 10A or that was made by the chief executive other than pursuant to a delegation.
(1B) Subsection (1) applies to a person in respect of whom a decision or determination is made under Part 4 or under regulations made under section 155 as if the person were a beneficiary.
(2) The Appeal Authority shall not have the authority to hear and determine any appeal on medical grounds or on grounds relating to incapacity, or capacity for work against any decision or determination of the chief executive in respect of—
(a) an invalid's benefit; or
(b) a child disability allowance under section 39A of this Act; or
(c) [Repealed]
(d) a veteran's pension under section 70 of the War Pensions Act 1954; or
(e) a sickness benefit.
(3) [Repealed]
(4) [Repealed]
Section 12J: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
Section 12J(1): substituted, on 17 September 1997, by section 6(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 12J(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 12J(1)(a): amended, on 1 October 1998, by section 19(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 12J(1)(a): amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 12J(1)(c): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 12J(1)(ca): inserted, on 12 October 2001, by section 77 of the New Zealand Superannuation Act 2001 (2001 No 84).
Section 12J(1)(ca): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 12J(1)(e): amended, on 1 July 2005, by section13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 12J(1A): repealed, on 1 July 1992, by section 5(2) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).
Section 12J(1A): inserted, on 23 November 2000, by section 8(1) of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).
Section 12J(1B): inserted, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 12J(2): amended by section 4 of the Social Security Amendment Act 1978 (1978 No 58).
Section 12J(2): amended, on 17 September 1997, by section 6(2)(a) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 12J(2): amended, on 1 October 1998, by section 19(2)(a) of the Social Security Amendment Act 1998 (1998 No 19).
Section 12J(2)(b): amended, on 17 September 1997, by section 6(2)(b) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 12J(2)(b): amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).
Section 12J(2)(c): repealed, on 17 November 2000, by section 7(2) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).
Section 12J(2)(d) and (e): amended, on 17 September 1997, by section 6(2)(c) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 12J(2)(d): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).
Section 12J(2)(e): substituted, on 1 October 1998, by section 19(2)(b) of the Social Security Amendment Act 1998 (1998 No 19).
Section 12J(2)(e): amended, on 1 July 2001, by section 15(1)(a) of the Social Security Amendment Act 2001 (2001 No 1).
Section 12J(3): repealed, on 8 March 2001, by section 4(2) of the Social Security Amendment Act 2001 (2001 No 1).
Section 12J(4): repealed, on 27 September 2010, by section 35(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
(1) An appeal under section 12J is begun by a written notice of appeal.
(1A) If the appeal is against a decision or determination of the chief executive confirmed or varied by a benefits review committee, the notice of appeal must be lodged with the Secretary of the Appeal Authority within—
(a) three months after the applicant is notified of the confirmation or variation under section 10A(9); or
(b) an additional time allowed by the Appeal Authority, on an application made to it before or after the end of that period of 3 months.
(1B) If the appeal is against a decision or determination of the chief executive made other than pursuant to a delegation, the notice of appeal must be lodged with the Secretary of the Appeal Authority within—
(a) three months after the applicant is notified of the decision or determination; or
(b) an additional time allowed by the Appeal Authority, on an application made to it before or after the end of that period of 3 months.
(1C) The parties to an appeal are—
(a) the applicant or beneficiary affected by the decision or determination; and
(b) the chief executive.
(2) The notice of appeal shall state with particularity the grounds of appeal and the relief sought.
(3) Either before or immediately after the lodging of the notice of appeal, a copy of it shall be left with or sent to the chief executive.
(4) As soon as possible after the receipt of the copy of the notice of appeal by the chief executive, he or she shall send to the Secretary of the Appeal Authority—
(a) any application, documents, written submissions, statements, reports, and other papers lodged with, received by, or prepared for, the chief executive and relating to the decision or determination appealed against;
(b) a copy of any notes made by or by direction of the chief executive of the evidence given at the hearing (if any) before the chief executive;
(c) any exhibits in the custody of the chief executive;
(d) a copy of the decision or determination appealed against; and
(e) a report setting out the considerations to which regard was had in making the decision or determination.
(5) The Authority may direct that a further report be lodged by the chief executive, in addition to the report sent to the Authority under paragraph (e) of subsection (4).
(6) A copy of every report lodged pursuant to paragraph (e) of subsection (4), or subsection (5), shall be given or sent forthwith to every party to the appeal, and any such party shall be entitled to be heard and to tender evidence on any matter referred to in the report.
(7) As soon as conveniently may be after the receipt of any appeal, the Appeal Authority shall, unless it considers that the appeal can be properly determined without a hearing, fix a time and place for the hearing of the appeal, and shall give not less than 10 clear days' notice thereof to the appellant and to the chief executive.
(8) At the hearing of any appeal the chief executive may be represented by counsel or by an officer of the Department and any other party may appear and act personally or by counsel or any duly authorised representative.
(9) Proceedings before the Authority shall not be held bad for want of form.
(10) Except as provided by this Act or by any regulations for the time being in force under this Act, the procedure of the Authority shall be such as the Authority may determine.
(11) Where notice of any decision or determination in respect of which an appeal lies to the Authority has been given by post addressed to the appellant at his last known or usual address, then, for the purposes of subsections (1A) and (1B), the appellant shall be deemed to have been notified of the decision or determination at the time when the letter would have been delivered in the ordinary course of post.
Section 12K: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
Section 12K(1): substituted, on 17 September 1997, by section 7(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 12K(1A): inserted, on 17 September 1997, by section 7(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 12K(1B): inserted, on 17 September 1997, by section 7(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 12K(1B): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 12K(1C): inserted, on 17 September 1997, by section 7(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
Section 12K(11): amended, on 17 September 1997, by section 7(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).
If the Appeal Authority requests an appellant to appear before it and the appellant does so, the chief executive shall, out of money appropriated by Parliament for the purpose, pay the actual and reasonable travelling and accommodation expenses (if any) incurred by the appellant.
Section 12L: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
Section 12L: words substituted, on 23 June 1987, pursuant to section 2(3)(b) of the Social Security Amendment Act 1987 (1987 No 106).
Section 12L: words substituted, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
(1) Subject to subsection (7) of section 12K, every appeal against a decision of the chief executive shall be by way of rehearing; but where any question of fact is involved in any appeal, the evidence taken before or received by the chief executive bearing on the subject shall, subject to any special order, be brought before the Authority as follows:
(a) as to any evidence given orally, by the production of a copy of the notes of the chief executive or of such other material as the Authority thinks expedient:
(b) as to any evidence taken by affidavit and as to any exhibits, by the production of the affidavits and such of the exhibits as may have been forwarded to the Authority by the chief executive, and by the production by the parties to the appeal of such exhibits as are in their custody.
(2) Notwithstanding anything in subsection (1), on any appeal against a decision or determination of the chief executive, the Authority may rehear the whole or any part of the evidence, and shall rehear the evidence of any witness if the Authority has reason to believe that any note of the evidence of that witness made by the chief executive is or may be incomplete in any material particular.
(3) The Authority shall have full discretionary power to hear and receive evidence or further evidence on questions of fact, either by oral evidence or by affidavit.
(4) The Authority shall also have regard to any report lodged by the chief executive under section 12K and to any matters referred to therein and to any evidence tendered thereon, whether or not such matters would be otherwise admissible in evidence.
(5) In the exercise of its powers under this section the Authority may receive as evidence any statement, document, information, or matter which in the opinion of the Authority may assist it to deal with the matters before it, whether or not the same would be admissible in a Court of Law.
(6) The Authority shall, within the scope of its jurisdiction, be deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908, and subject to the provisions of this Act, all the provisions of the Act, except sections 2, 10, 11, and 12, shall apply accordingly.
(7) Subject to subsection (2) of section 12I, in the determination of any appeal the Authority may confirm, modify, or reverse the decision or determination appealed against.
(8) Notwithstanding the provisions of subsection (7) , the Authority may refer to the chief executive for further consideration, the whole or any part of the matter to which an appeal relates, and where any matter is so referred the Authority shall advise the chief executive of its reasons for so doing and shall give such directions as it thinks just as to the rehearing or reconsideration or otherwise of the whole or any part of the matter that is so referred.
Section 12M: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
Section 12M(1)(a): words substituted, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 12M(1)(b): words substituted, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 12M(2): words substituted, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 12M(4): words substituted, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 12M(8): words substituted, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
(1) The presence of the Chairman and one other member shall be necessary to constitute a sitting of the Authority.
(2) The decision of a majority of the members present at a sitting of the Authority shall be the decision of the Authority. If the said members are equally divided in opinion, the decision of the Chairman shall be the decision of the Authority.
(3) Every sitting of the Authority shall be held in private and in such place as it considers convenient having regard to the nature of the matters to be decided:
provided that the Authority may, in any case if it considers that the interests of the parties to the appeal and of all other persons concerned will not be adversely affected, order that the sitting or any part of it shall be held in public.
(4) It shall not be lawful to publish any part of the proceedings before the Appeal Authority unless in any case the Authority orders otherwise.
(5) Every person who acts in contravention of subsection (4) commits an offence and shall be liable on summary conviction to a fine not exceeding $100.
Section 12N: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
(1) Where an appeal is allowed in whole or in part, or the whole or any part of the matter is referred back to the chief executive, the Authority may allow the appellant the costs of bringing the appeal or any part thereof.
(2) Where any appeal is not allowed, no award of costs shall be made against the appellant unless in the opinion of the Authority the appeal was frivolous or vexatious or one that ought not to have been brought.
(3) The amount of costs awarded shall be stated in the order.
(4) Where under this section an award of costs is made and any sum remains unpaid, the person in whose favour the award or order was made may obtain from the Secretary of the Authority a certificate under seal of the sum awarded. When any such certificate is filed in a District Court it may be enforced as to the amount specified therein that is still owing as if it were a judgment of that Court.
Section 12O: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
Section 12O(1): words substituted, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 12M(4): words substituted, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
Where an appeal is allowed in whole or in part the Authority, if it considers it appropriate, may require the Department to pay a sum fixed by the Authority to cover all or part of the costs incurred by the Authority in hearing and determining the appeal.
Section 12OA: inserted, on 23 March 1989, by section 3 of the Finance Act 1989 (1989 No 13).
On the determination of any appeal, the Secretary shall send to the chief executive and to the appellant a memorandum of the Authority's decision and the reasons for the decision, and the chief executive shall forthwith take all necessary steps to carry into effect the decision of the Authority.
Section 12P: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
Section 12P: words substituted, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
(1) Where any party to any proceedings before the Authority is dissatisfied with any determination of the Authority as being erroneous in point of law, he may appeal to the High Court by way of case stated for the opinion of the Court on a question of law only.
(2) [Repealed]
(3) Within 14 days after the date of the determination the appellant shall lodge a notice of appeal with the Secretary of the Authority. The appellant shall forthwith deliver or post a copy of the notice to every other party to the proceedings.
(4) Within 14 days after the lodging of the notice of appeal, or within such further time as the Chairman of the Authority may in his discretion allow, the appellant shall state in writing and lodge with the Secretary of the Authority a case setting out the facts and the grounds of the determination and specifying the question of law on which the appeal is made. The appellant shall forthwith deliver or post a copy of the case to every other party to the proceedings.
(5) As soon as practicable after the lodging of the case, the Secretary of the Authority shall submit it to the Chairman of the Authority.
(6) The Chairman shall, as soon as practicable, and after hearing the parties if he considers it necessary to do so, settle the case, sign it, send it to the Registrar of the High Court at Wellington, and make a copy available to each party.
(7) The settling and signing of the case by the Chairman shall be deemed to be the statement of the case by the Authority.
(8) If within 14 days after the lodging of the notice of appeal, or within such time as may be allowed, the appellant does not lodge a case pursuant to subsection (4), the Chairman of the Authority may certify that the appeal has not been prosecuted.
(9) The Court or a Judge thereof may in its or his discretion, on the application of the appellant or intending appellant, extend any time prescribed or allowed under this section for the lodging of a notice of appeal or the stating of any case.
(10) Subject to the provisions of this section, the case shall be dealt with in accordance with rules of Court.
Section 12Q: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
Section 12Q heading: words substituted, on 1 April 1980, by section (12) of the Judicature Amendment Act 1979 (1979 No 124).
Section 12Q(1): words substituted, on 1 April 1980, by section (12) of the Judicature Amendment Act 1979 (1979 No 124).
Section 12Q(2): repealed, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60)
Section 12Q(6): words substituted, on 1 April 1980, by section (12) of the Judicature Amendment Act 1979 (1979 No 124).
The provisions of section 144 of the Summary Proceedings Act 1957 shall apply in respect of any determination of the High Court under section 12Q of this Act as if the determination were made under section 107 of the Summary Proceedings Act 1957.
Section 12R: inserted, on 1 May 1974, by section 4 of the Social Security Amendment Act 1973 (1973 No 34).
(1) Any person affected by a determination of the High Court made under section 12Q, or a determination of the Court of Appeal made under section 12R, may apply, in accordance with the Supreme Court Act 2003, to the Supreme Court for leave to appeal against the determination.
(2) Subsection (1) is by way of explanation only.
Section 12S: inserted, on 7 July 2010, by section 5 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).
[Repealed]
Sections 13: repealed, on 1 April 1990, by section 14(18) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
[Repealed]
Sections 14: repealed, on 1 April 1990, by section 14(18) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
[Repealed]
Sections 15: repealed, on 1 April 1990, by section 14(18) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
[Repealed]
Section 16: repealed, on 1 April 1989, by section 29 of the Finance Act 1989 (1989 No 13).
[Repealed]
Section 17: repealed, on 1 April 1990, by section 14(18) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
[Repealed]
Section 18: repealed, on 28 September 1982 by section 4(1) of the Social Security Amendment Act 1982 (1982 No 16).
[Repealed]
Section 19: repealed, on 1 April 1990, by section 14(18) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
[Repealed]
Section 20: repealed, on 9 February 1977, by section 4(1) of the Social Security Amendment Act 1976 (1976 No 40).
(1) Subject to the provisions of this Act,—
(a) every widow who is the mother of one or more dependent children; and
(b) every widow (not being a widow to whom paragraph (a) applies) who satisfies the following conditions, namely:
(i) that she has had one or more children; and
(ii) that the duration of her marriage (or, if she was married more than once, the aggregate of the periods of the duration of her marriages) was not less than 15 years, or, in the alternative, that the aggregate of the periods of the duration of her marriage or marriages and any subsequent period during which she had the care and control of at least one of her children under 16 years of age was not less than 15 years; and
(c) every widow who, on the expiration of not less than 5 years after the date of her marriage, became a widow after she had attained the age of 50 years; and
(d) every widow (not being a widow to whom paragraph (c) applies) who satisfies all of the following conditions, namely:
(i) that she is not less than 50 years of age;
(ii) that she became a widow after she had attained the age of 40 years;
(iii) that the duration of her marriage (or, if she was married more than once, the aggregate of the periods of the duration of her marriages) was not less than 10 years; and
(iv) that not less than 15 years has elapsed since the date of her marriage or, if she was married more than once, the date of her first marriage,—
shall be entitled to receive a widow's benefit under this Act.
(2) An applicant for a widow's benefit must meet the residential requirements in section 74AA.
(2A) A woman who receives a benefit under this section must—
(a) comply with a requirement under section 60Q; and
(b) comply with any other obligation arising under any of sections 60Q to 60S.
(2B) [Repealed]
(2C) [Repealed]
(2D) [Repealed]
(3) [Repealed]
(4) [Repealed]
(5) [Repealed]
(6) For the purposes of this section, the chief executive may, in the chief executive's discretion, regard a dependent child as being a child of an applicant, and the applicant as being the mother of the child, if—
(a) the child—
(i) is being maintained by the applicant; and
(ii) was at any time maintained by the applicant's husband; or
(b) section 28(a) or 29(b) applies to the child; or
(c) the child's parents are unwilling to support the child because of circumstances the chief executive considers exceptional.
(7) For the purpose of determining eligibility for a benefit under this section, a woman whose civil union partner or de facto partner has died is treated in the same way as a widow is treated, and her civil union partner or de facto partner is treated in the same way as a husband of a widow is treated.
(8) For the purpose of this section,—
(a) a reference in this section to a marriage must be read as a reference to a marriage or civil union or de facto relationship; and
(b) a reference in this section to being married must be read as a reference to being married or in a civil union or in a de facto relationship; and
(c) a reference in this section to a date of a marriage must be read as a reference to the date of a marriage or of entering into a civil union or a de facto relationship.
Compare: 1938 No 7 s 22; 1945 No 11 s 9(c); 1952 No 81 s 15
Section 21(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 21(1)(a): amended, on 1 January 1984, by section 3(1) of the Social Security Amendment Act 1983 (1983 No 138).
Section 21(2): substituted, on 2 July 2007, by section 10(2) of the Social Security Amendment Act 2007 (2007 No 20).
Section 21(2A): inserted, on 1 April 1997, by section 5 of the Social Security Amendment Act 1996 (1996 No 20).
Subsection (2A): substituted, on 10 March 2003, by section 6 Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Section 21(2B): repealed, on 10 March 2003, by section 6 of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Subsection (2C): repealed, on 10 March 2003, by section 6 Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Subsection (2D): repealed, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 21(3): repealed, on 2 July 2007, by section 5 of the Social Security Amendment Act 2007 (2007 No 20).
Section 21(4): repealed, on 2 July 2007, by section 5 of the Social Security Amendment Act 2007 (2007 No 20).
Section 21(5): repealed, on 1 April 1990, by section 37(2) of the Social Welfare (Transitional Provisions) 1990 (1990 No 26).
Section 21(6): amended by section 7(2) of the Social Security Amendment Act 1978 (1978 No 58).
Section 21(6): substituted, on 2 July 2007, by section 5 of the Social Security Amendment Act 2007 (2007 No 20).
Section 21(7): repealed, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 21(8): repealed, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
[Repealed]
Section 22: repealed, on 14 November 1973, by section 5 of the Social Security Amendment Act 1973 (1973 No 34).
[Repealed]
Section 23: repealed, on 14 November 1973, by section 5 of the Social Security Amendment Act 1973 (1973 No 34).
(1) Subject to the provisions of this Act, the rate of the widow's benefit payable to any beneficiary shall be the appropriate rate specified in Schedule 3.
(2) [Repealed]
(3) [Repealed]
Section 24(2): repealed, on 14 November 1973, by section 5(1) of the Social Security Amendment Act 1973 (1973 No 34).
Section 24(3): repealed, on 14 November 1973, by section 5(1) of the Social Security Amendment Act 1973 (1973 No 34).
Section 24: amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 24: amended, on 1 February 1999, by section 60 of the Social Security Amendment Act 1998 (1998 No 19).
[Repealed]
Section 25:repealed, on 14 November 1973, by section 5(1) of the Social Security Amendment Act 1973 (1973 No 34).
[Repealed]
Section 26: repealed, on 14 November 1973, by section 5(1) Social Security Amendment Act 1973 (1973 No 34).
[Repealed]
Section 27: repealed, on 1 April 1990, by section 37(2) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Heading : inserted, on 14 November 1973, by section 6(1) of the Social Security Amendment Act 1973 (1973 No 34).
(1) [Repealed]
(2) [Repealed]
(3) For the purposes of sections 27B to 27D and Schedule 16, the chief executive may, in the chief executive's discretion, regard a dependent child as being a child of an applicant, and the applicant as being the mother or father of the child, if—
(a) the child—
(i) is being maintained by the applicant; and
(ii) was at any time maintained by the applicant's spouse or partner; or
(b) section 28(a) or 29(b) applies to the child; or
(c) the child's parents are unwilling to support the child because of circumstances the chief executive considers exceptional.
Section 27A: inserted, on 14 November 1973, by section 6(1) of the Social Security Amendment Act 1973 (1973 No 34).
Section 27A(1): repealed, on 2 July 2007, by section 6 of the Social Security Amendment Act 2007 (2007 No 20).
Section 27A(2): repealed, on 2 July 2007, by section 6 of the Social Security Amendment Act 2007 (2007 No 20).
Section 27A(3): substituted, on 2 July 2007, by section 6 of the Social Security Amendment Act 2007 (2007 No 20).
(1) In this section the term applicant means—
(a) a woman who is the mother of one or more dependent children and who is living apart from, and has lost the support of or is being inadequately maintained by, her spouse or partner:
(b) a single woman who is the mother of 1 or more dependent children:
(c) a woman whose marriage or civil union has been dissolved, and who is the mother of 1 or more dependent children:
(d) [Repealed]
(e) a woman who is the mother of 1 or more dependent children and who has lost the regular support of her spouse or partner because he or she is subject to a sentence of imprisonment and is—
(i) serving the sentence in a penal institution; or
(ii) subject to release conditions (as that term is defined in section 4(1) of the Parole Act 2002) that prevent him or her undertaking employment:
(iii) serving the sentence on home detention, subject to detention conditions that prevent him or her undertaking employment:
(ea) a woman who is the mother of 1 or more dependent children and who has lost the regular support of her spouse or partner because he or she is subject to a sentence of supervision, intensive supervision, or home detention and is subject to conditions (including post-detention conditions of a sentence of home detention) that prevent him or her from undertaking employment:
(f) a man who is the father of 1 or more dependent children whose mother is dead or who for any other reason are not being cared for by their mother.
(2) Subject to the provisions of this Act, an applicant shall be entitled to receive a domestic purposes benefit if the chief executive is satisfied that—
(aa) the applicant meets the residential requirements in section 74AA; and
(a) the applicant either—
(i) is or has been legally married or in a civil union; or
(ii) has attained the age of 18 years; and
(b) the applicant is caring for a dependent child or children; and
(c) the applicant is not living together with his or her spouse or partner or with the other parent of the child, as the case may be.
(2A) A person who receives a benefit under this section must—
(a) comply with—
(i) a requirement under section 60Q; and
(ii) any other obligation arising under any of sections 60Q to 60S; or
(b) comply with the work test if that person is a work-tested domestic purposes beneficiary.
(2B) [Repealed]
(2C) [Repealed]
(3) [Repealed]
(4) [Repealed]
(5) [Repealed]
(6) [Repealed]
Section 27B: inserted, on 14 November 1973, by section 6(1) of the Social Security Amendment Act 1973 (1973 No 34).
Section 27B(1)(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27B(1)(a): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27B(1)(b): substituted, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27B(1)(c): substituted, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27B(1)(d): repealed, on 9 February 1977, by section 5(1) of the Social Security Amendment Act 1976 (1976 No 40).
Section 27B(1)(e): substituted, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27B(1)(e)(i): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 27B(1)(e)(ii): substituted, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
Section 27B(1)(e)(iii): added, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
Section 27B(1)(ea): inserted, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
Section 27B(1)(f): substituted, on 23 June 1987, by section 11(1) of the Social Security Amendment Act 1987 (1987 No 106).
Section 27B(2): substituted, on 23 June 1987 by section 11(2) of the Social Security Amendment Act 1987 (1987 No 106).
Subsection Section 27B(2): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 27B(2)(aa): inserted, on 2 July 2007, by section 10(2) of the Social Security Amendment Act 2007 (2007 No 20).
Section 27B(2)(a)(i): substituted, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27B(2)(c): substituted, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27B(2A): substituted, on 27 September 2010, by section 5 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
Section 27B(2B): repealed, on 10 March 2003, by section 7 of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Section 27B(2C): repealed, on 10 March 2003, by section 7 of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Section 27B(3): repealed, on 9 February 1977, by section 5(3) of the Social Security Amendment Act 1976 (1976 No 40).
Section 27B(4): repealed, on 23 December 1977, by section 5(3) of the Social Security Amendment Act (No 2) 1977 (1977 No 133).
Section 27B(5): repealed, on 9 February 1977, by section 5(3) of the Social Security Amendment Act 1976 (1976 No 40).
Section 27B(6): repealed, on 9 February 1977, by section 5(3) of the Social Security Amendment Act 1976 (1976 No 40).
(1) If the parents of 2 or more dependent children—
(a) are living apart; and
(b) each parent is the principal caregiver of 1 or more of the children; and
(c) both parents are otherwise entitled to a domestic purposes benefit—
only 1 parent shall be entitled to a domestic purposes benefit in respect of the children.
(2) The parent entitled to a domestic purposes benefit under subsection (1) shall be—
(a) the parent already receiving a domestic purposes benefit in respect of any of the children; or
(b) the parent whom the chief executive considers was the principal caregiver in respect of the children immediately before the parents began living apart, if no parent is already receiving a domestic purposes benefit in respect of any of the children; or
(c) the parent who is the principal caregiver in respect of the youngest child, if neither parent was the principal caregiver in respect of the children before they began living apart, or the chief executive is unable to ascertain which parent was the principal caregiver in respect of the children immediately before they began living apart.
(3) This section shall not apply where each parent has become the principal caregiver in respect of at least 1 child under 1 or more orders made by a Court of competent jurisdiction, and about the role of providing day-to-day care for children.
(4) This section shall apply only to a person who applies for a domestic purposes benefit on or after 1 October 1991, or where the Department was not notified before 1 October 1991 that each parent was the principal caregiver in respect of 1 or more of the children.
(5) In this section, child means a dependent child of the parents—
(a) born of their relationship; or
(b) adopted by the parents or by 1 of the parents during their marriage or civil union or de facto relationship.
Section 27BA: inserted, on 1 October 1991 by section 5(1) of the Social Security Amendment Act (No 2) 1991 (1991 No 78).
Section 27BA(3): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).
Section 27BA(5): substituted, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27BA(5)(b): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
(1) In this section—
marriage includes a relationship in the nature of marriage although the 2 parties to the relationship are not legally married
relative in relation to any person (person A) means any of the following
(a) a parent or step-parent of person A:
(b) a child of person A or a stepchild of person A who is over the age of 16 years:
(c) a grandparent or great grandparent of person A:
(d) a sister or brother or stepsister or stepbrother of person A:
(f) an aunt or uncle of person A:
(g) a child of a brother or sister of person A, or of a person with whom a brother or sister of person A is in a marriage or civil union or de facto relationship:
(h) a child of an uncle or aunt of person A, or of a person with whom an uncle or aunt of the person is in a marriage or civil union or de facto relationship
woman alone means a woman who has never been married, in a civil union, or in a de facto relationship, or who has lost the support of her spouse or partner.
(2) The Minister may from time to time, by notice in the Gazette, amend the definition of the term relative in subsection (1) by—
(a) inserting any other class of relative:
(b) omitting any class of relative—
and every such notice shall have effect according to its tenor.
(3) Subject to the provisions of this Act, a woman alone with no dependent children shall be entitled to receive a domestic purposes benefit if—
(a) she has had the care and control of one or more dependent children for not less than 15 years and ceased to have the care and control of such child or children after she had attained the age of 50 years; or
(b) she has had one or more children and the aggregate of the periods during which she was married or in a civil union or in a de facto relationship and any subsequent period during which she had the care and control of at least one of her dependent children was not less than 15 years, and she ceased to have the care and control of such a child after she had attained the age of 50 years; or
(c) she was married or in a civil union or in a de facto relationship for not less than 5 years and lost the support of her spouse or partner after she had attained the age of 50 years; or
(d) she had the responsibility for the full-time care and attention of an incapacitated relative for not less than 5 years and ceased to have responsibility for the said relative after she had attained the age of 50 years.
(4) A woman who receives a benefit under this section must—
(a) comply with a requirement under section 60Q:
(b) comply with any other obligation arising under any of sections 60Q to 60S.
(5) [Repealed]
(6) [Repealed]
Section 27C: inserted, on 14 November 1973, by section 6(1) of the Social Security Amendment Act 1973 (1973 No 34).
Section 27C(1) relative: substituted, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27C(1) relative paragraph (g): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27C(1) relative paragraph (h): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27C(1) woman alone: substituted, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27C(3): substituted, on 23 December 1977, by section 6(1) of the Social Security Amendment Act (No 2) 1977 (1977 No 133).
Section 27C(3): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 27C(3)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27C(3)(b): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27C(3)(c): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27C(3)(c): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27C(3)(c): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27C(3)(c): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27C(4): substituted, on 10 March 2003, by section 8 of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Section 27C(5): repealed, on 10 March 2003, by section 8 of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
Section 27C(6): repealed, on 10 March 2003, by section 8 of the Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
An applicant for a benefit under section 27C must meet the residential requirements in section 74AA.
Section 27D: inserted, on 14 November 1973, by section 6(1) of the Social Security Amendment Act 1973 (1973 No 34).
Section 27D: substituted, on 2 July 2007, by section 10(2) of the Social Security Amendment Act 2007 (2007 No 20).
[Repealed]
Section 27E: repealed, on 1 April 1990, by section 37(2) of the Social Welfare (Transitional Provisions) 1990 (1990 No 26).
[Repealed]
Section 27F: repealed, on 1 July 1992, by section 6(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).
(1) In this section, patient means any sick or infirm person receiving the full time care and attention of an applicant for a domestic purposes benefit.
(2) Subject to the provisions of this Act, an applicant who has attained the age of 16 years and meets the residential requirements in section 74AA is entitled to receive a domestic purposes benefit under this section if the chief executive is satisfied that the applicant is required to give full time care and attention at home to some other person (other than the applicant's spouse or partner) who would otherwise have to receive—
(a) hospital care, rest home care, or residential disability care, within the meaning of the Health and Disability Services (Safety) Act 2001; or
(b) care of the kind referred to in section 141 of the Children, Young Persons, and Their Families Act 1989; or
(c) care of a kind equivalent to any of those kinds of care.
(2A) An applicant aged 16 or 17 years must not be granted a domestic purposes benefit under this section unless the chief executive is satisfied, having regard to the circumstances of the applicant, the person he or she is giving care and attention to, and their families, that no other caregiver is reasonably available to care for the other person.
(3) Every application for a domestic purposes benefit under this section shall be supported by the certificate of a medical practitioner certifying that the patient requires the full-time care and attention of the applicant and that but for that care and attention the patient would have to receive such services; and the chief executive may, in the chief executive's discretion, require that the patient be examined by a medical practitioner to be nominated by the chief executive for the purpose, who shall determine whether the patient would, but for the full-time care and attention of the applicant, have to receive such services.
(4) Any benefit granted under this section may, in the discretion of the chief executive, be continued for any period not exceeding 4 weeks notwithstanding that the patient was not during that period in the full-time care of the beneficiary.
(4A) It is a condition of a benefit under this section that the beneficiary shall attend and participate in a mandatory interview if requested to do so under section 60HA.
(5) [Repealed]
Section 27G: inserted, on 14 November 1973, by section 6(1) of the Social Security Amendment Act 1973 (1973 No 34).
Section 27G(2): substituted, on 2 July 2007, by section 7 of the Social Security Amendment Act 2007 (2007 No 20).
Section 27G(2A): inserted, on 2 July 2007, by section 7 of the Social Security Amendment Act 2007 (2007 No 20).
Section 27G(3): amended, on 23 June 1987, pursuant to section 2(3)(d) of the Social Security Amendment Act 1987 (1987 No 106).
Section 27G(3): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 27G(3): amended, on 1 October 2002 by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
Section 27G(4A): inserted, on 1 April 1997, by section 8 of the Social Security Amendment Act 1996 (1996 No 20).
Section 27G(5): repealed, on 1 April 1990, by section 37(2) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
(1) Subject to the provisions of this Act and to section 70A, the rate of domestic purposes benefit payable to any beneficiary under section 27B or section 27C shall be the appropriate rate specified in Schedule 16.
(1A) [Repealed]
(1B) Subject to the provisions of this Act, the rate of domestic purposes benefit payable to any beneficiary under section 27G shall be the appropriate rate specified in Schedule 17.
(2) In determining the rate of domestic purposes benefit payable to any applicant to whom paragraph (e), or paragraph (f) of subsection (1) of section 27B, or section 27C, applies, such income of the spouse or partner of the applicant (including any pension or allowance under the War Pensions Act 1954) as the chief executive considers reasonable in the circumstances, having regard to the nature of the income and the means by which it was derived, shall be taken into account as if it were income derived by the applicant.
Section 27H: inserted, on 14 November 1973, by section 6(1) of the Social Security Amendment Act 1973 (1973 No 34).
Section 27H(1): substituted,, on 23 June 1987, by section 12(1) of the Social Security Amendment Act 1987 (1987 No 106).
Section 27H(1): amended, on 25 July 1990, by section 4(1) of the Social Security Amendment Act (No 2) 1990 (1990 No 74).
Section 27H(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 27H(1): amended, on 1 February 1999, by section 63 of the Social Security Amendment Act 1998 (1998 No 19).
Section 27H(1A): repealed, on 25 July 1990, by section 4(2) of the Social Security Amendment Act (No 2) 1990 (1990 No 74).
Section 27H(1B): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 27H(2): amendedon, 1 November 1976, by section 6(1)(a) and (b) of the Social Security Amendment Act 1976 (1976 No 40).
Section 27H(2): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).
Section 27H(2): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).
Heading : inserted, on 1 April 1981, by section 7 of the Social Security Amendment Act 1980 (1980 No 157).
Heading : repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27I: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27J: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27K: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27L: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27M: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27N: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27O: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27P: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27Q: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27R: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27S: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27T: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27U: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27V: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27W: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27X: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27Y: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27Z: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27ZA: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27ZB: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27ZC: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27ZD: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27ZE: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27ZF: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27ZG: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27ZH: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
[Repealed]
Section 27ZI: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment (No 5) Act 1991 (1991 No 143).
A person who is a principal caregiver in respect of a dependent child shall be entitled to receive an orphan's benefit in respect of that child if—
(a) each of the child's natural or adoptive parents is dead, or cannot be found, or suffers a serious long-term disablement which renders him or her unable to care for the child; and
(b) the applicant is likely to be the principal caregiver in respect of the child for at least 1 year from the date of application for the benefit; and
(c) the applicant is aged 18 years or over; and
(d) either—
(i) the child is both resident and present in New Zealand; or
(ii) the applicant has been both resident and present in New Zealand for a continuous period of 12 months at any time.
Section 28: substituted, on 1 April 1991, by section 5 of the Social Security Amendment Act 1991 (1991 No 1).
A person who is a principal caregiver in respect of a dependent child shall be entitled to receive an unsupported child's benefit in respect of the child if—
(a) that person is not the natural parent, adoptive parent, or step-parent of the child; and
(b) because of a breakdown in the child's family, no natural parent, adoptive parent, or step-parent of the child is able to care for the child or to provide fully for the child's support; and
(c) the applicant is likely to be the principal caregiver in respect of the child for at least 1 year from the date of application for the benefit; and
(d) the applicant is aged 18 years or over; and
(e) either—
(i) the child is both resident and present in New Zealand; or
(ii) the applicant has been both resident and present in New Zealand for a continuous period of 12 months at any time.
Section 29: substituted, on 1 April 1991, by section 5 of the Social Security Amendment Act 1991 (1991 No 1).
The rate of the orphan's benefit and the rate of the unsupported child's benefit payable in respect of any orphan or unsupported child shall in each case be fixed by the chief executive, but shall not in any case exceed the appropriate rate specified in Schedule 4.
Section 29A: inserted, on 1 October 1990, by section 11(1) of the Social Security Amendment Act (No 2) 1990 (1990 No 74).
[Repealed]
Section 30: repealed, on 1 April 1990, by section 37(2) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Every orphan's benefit and every unsupported child's benefit shall, as the chief executive determines, be paid to the person having the care and control of the child, or to some other reputable person, and shall be applied towards the maintenance or education of the child or otherwise for his benefit.
Section 31: amended, on 23 June 1987, by section 2(3)(b) of the Social Security Amendment Act 1987 (1987 No 106).
Section 31: amended, on 1 October 1990, by section 12(1) of the Social Security Amendment (No 2) Act 1990 (1990 No 74).
[Repealed]
Section 32: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).
[Repealed]
Section 33 : repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).
[Repealed]
Section 34: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).
[Repealed]
Section 35: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).
[Repealed]
Section 36: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).
[Repealed]
Section 37: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).
[Repealed]
Section 38: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).
[Repealed]
Section 39: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).
Heading: substituted, on 1 September 1998, by section 12(5) of the Social Security Amendment Act 1998 (1998 No 19).
(1) For the purposes of this section and of sections 39B to 39F, child with a serious disability means a dependent child who—
(a) has a physical or mental disability;
(b) because of that disability needs constant care and attention; and
(c) is likely to need such care and attention permanently or for a period exceeding 12 months.
(2) in determining for the purposes of subsection (1)(b) whether a child with a serious disability needs constant care and attention the chief executive shall consider whether the child requires—
(a) from another person, frequent attention in connection with his bodily functions; or
(b) attention and supervision substantially in excess of that normally required by a child of the same age and sex; or
(c) regular supervision from another person in order to avoid substantial danger to himself or others.
(3) Subject to the provisions of this section and of sections 39B to 39E, the chief executive may grant a child disability allowance in respect of a child with a serious disability being cared for—
(a) in a private home that is the residence of the person caring for that child; or
(b) in a home or hostel operated by an approved voluntary organisation if the child's parent or guardian is required to contribute to the cost of maintaining him in that home or hostel and the child is cared for by his parent or guardian during school holidays or weekends.
Section 39A: inserted, on 18 October 1978, by section 9(1) of the Social Security Amendment Act 1978 (1978 No 58).
Section 39A(1): amended, on 1 April 1991, by section 8 of the Social Security Amendment Act 1991 (1991 No 1).
Section 39A(1): amended, on 1 September 1998, by section 12(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 39A(2): amended, on 1 September 1998, by section 12(1) of the Social Security Amendment Act 1998 (1998 No 19).
Section 39A(3): amended, on 1 September 1998, by section 12(1) of the Social Security Amendment Act 1998 (1998 No 19).
Subsection Section 39A(3): amended, on 1 September 1998, by section 12(2) of the Social Security Amendment Act 1998 (1998 No 19).
The rate of a child disability allowance granted under section 39A shall be the rate specified in Schedule 19.
Section 39B: inserted, on 18 October 1978, by section 9(1) of the Social Security Amendment Act 1978 (1978 No 58).
Section 39B: amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).
(1) The chief executive may determine that an application for a child disability allowance be supported by the certificate of a medical practitioner certifying whether or not, in the opinion of the medical practitioner, the child in respect of whom the application is made is a child with a serious disability within the meaning of subsections (1) and (2) of section 39A.
(2) Before an application for a child disability allowance is granted, the chief executive may require the child in respect of whom the application is made to be examined by a medical practitioner nominated by the chief executive for the purpose.
Section 39C: inserted, on 18 October 1978, by section 9(1) of the Social Security Amendment Act 1978 (1978 No 58).
Section 39C: amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).
A child disability allowance shall not be payable under this Act in addition to—
(a) any benefit which is granted to the child under this Act, apart from an unsupported child's benefit or an orphan's benefit or a disability allowance:
(b) any pension or allowance which is granted to the child under the War Pensions Act 1954, apart from a child's war pension or a war orphan's pension:
(c) weekly compensation within the meaning of section 6 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 that is payable to the child.
Section 39D: inserted, on 18 October 1978, by section 9(1) of the Social Security Amendment Act 1978 (1978 No 58).
Section 39D(a): amended, on 1 April 1991, by section 9 of the Social Security Amendment Act 1991 (1991 No 1).
Section 39D: amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).
Section 39D: amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).
Section 39D(c): substituted, on 1 April 2002, by section 337(1) of the Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).
The chief executive may, in his or her discretion, pay a child disability allowance granted under section 39A to the person who is the principal caregiver in respect of the child or, if there is no such person, to the person for the time being having the care and control of the child.
Section 39E: inserted, on 18 October 1978, by section 9(1) of the Social Security Amendment Act 1978 (1978 No 58).
Section 39E: substituted, on 1 April 1991, by section 10 of the Social Security Amendment Act 1991 (1991 No 1).
Section 39E: amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).
Heading: inserted, on 1 September 1998, by section 13 of the Social Security Amendment Act 1998 (1998 No 19).
(1) The purpose of the invalid's benefit is to provide income support to people who—
(a) have, and are likely to have in the future, a severely restricted capacity to support themselves through open employment because of sickness, injury, or disability; or
(b) are totally blind.
(2) The purpose in subsection (1) is to be considered in the context of the expectation that people of working age support themselves directly or indirectly through employment, and that other measures are available for people who are temporarily unable to support themselves.
First section 39F: repealed, on 1 October 1986, by section 10(1) of the Social Security Amendment Act 1986 (1986 No 39).
Second section 39F: inserted, on 1 September 1998, by section 13 of the Social Security Amendment Act 1998 (1998 No 19).
(1) A person who is aged 16 years or more is eligible for an invalid's benefit if the chief executive is satisfied that—
(aa) the applicant meets the residential requirements in section 74AA; and
(a) the person