Reprint
as at 17 April 2013

Coat of Arms of New Zealand

Social Security Act 1964

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

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Social Development.


Contents

Title

1 Short Title and commencement

1A Purpose

1B Principles

Part 1
Monetary benefits

2 Administration [Repealed]

3 Interpretation

3A Delegation of powers by Minister [Repealed]

Administration

4 Social Security Department [Repealed]

5 Chief executive to comply with directions

6 Social Security Commission [Repealed]

7 Acting Commissioners [Repealed]

8 Commissioners, Acting Commissioners, and other officers to be appointed under State Services Act 1962 [Repealed]

9 Meetings of Commission [Repealed]

10 Delegation of Director-General's powers [Repealed]

10A Review of decisions

11 Power to obtain information

11A Power to obtain information for matching purposes

11B Code of conduct applying to obtaining information under section 11

11C Matters to be included in code of conduct

11D Application process for benefits

12 Investigation of claims and grant of benefits

Appeal Authority

12A Social Security Appeal Authority

12B Term of office of members

12C Extraordinary vacancies

12D Special Appeal Authorities

12E Deputies of members

12F Remuneration and travelling allowances

12G Services for Appeal Authority

12H Authority to have seal

12I Functions of Appeal Authority

12J Rights of appeal

12K Procedure on appeal

12L Expenses payable to appellants

12M Hearing and determination of appeal

12N Sittings of Appeal Authority

12O Costs

12OA Costs incurred by Authority

12P Notice of decision

12Q Appeals to High Court on questions of law only

12R Appeals to Court of Appeal

12S Appeals to Supreme Court

National superannuation

[Repealed]

13 National superannuation [Repealed]

14 Residential qualification for national superannuation [Repealed]

15 Rates of national superannuation [Repealed]

16 Special provisions in respect of married couples where one spouse not entitled to national superannuation [Repealed]

17 Commencement and payment of national superannuation [Repealed]

18 Termination of national superannuation on death of recipient [Repealed]

19 Special allowance for South African War veterans [Repealed]

20 Additional benefit for South African War veterans [Repealed]

Widows' benefits

21 Widows' benefits

21A Widows' benefits: pre-benefit activities

22 Benefits to wives of mental patients [Repealed]

23 Benefits to deserted wives [Repealed]

24 Rates of widows' benefits

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

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

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

Domestic purposes benefits

27A Interpretation

27B Domestic purposes benefits for solo parents

27BA Split custody

27C Domestic purposes benefits for women alone

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

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 the sick or infirm

27H Rates of domestic purposes benefits

Contribution towards cost of domestic purposes benefits for solo parents

[Repealed]

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 total income, etc [Repealed]

27N Director-General to assess contribution and notify liable parent [Repealed]

27O Notice of objection [Repealed]

27P Grounds on which objection may be made [Repealed]

27Q Procedure to be followed where objection received [Repealed]

27R Hearing of objection by court [Repealed]

27S Findings of court [Repealed]

27T Appeal from decisions of courts [Repealed]

27U Proceedings not open to public [Repealed]

27V Restriction of publication of reports [Repealed]

27W Costs [Repealed]

27X Recovery of unpaid contributions [Repealed]

27Y Deduction notices [Repealed]

27Z Effect of deduction notices [Repealed]

27ZA Liability of employer [Repealed]

27ZB Protected earnings [Repealed]

27ZC Variation or discharge of deduction notice [Repealed]

27ZD Transaction fee [Repealed]

27ZE Wrongful treatment of employee [Repealed]

27ZF Extent to which deduction notices bind the Crown [Repealed]

27ZG Relief in cases of serious hardship [Repealed]

27ZH Review of contributions [Repealed]

27ZI Service of notices, etc, by Director-General [Repealed]

Orphans' benefits

28 Orphans' benefits

29 Unsupported child's benefit

29A Rates of orphan's benefit and unsupported child's benefit

30 Period for which orphan's benefit payable [Repealed]

31 Orphan's benefit and unsupported child's benefit to be used for benefit of child

Family benefits

[Repealed]

32 Family benefits [Repealed]

33 Residential qualifications for family benefit [Repealed]

34 Rate of family benefits [Repealed]

35 Period for which family benefit payable [Repealed]

36 Advance payment of family benefit [Repealed]

37 Person to whom family benefit payable [Repealed]

38 Family benefit to be expended for maintenance of children [Repealed]

39 Payment of family benefit not to restrict right to maintenance, compensation, or damages [Repealed]

Child disability allowance

39A Child disability allowance

39B Rate of child disability allowance

39C Medical examination may be required

39D Child disability allowance not payable with other benefit or pension

39E Person to whom child disability allowance payable

Invalids' benefits

39F Purpose of invalid's benefit

40 Invalid's benefit

41 Residential qualifications for invalids' benefits [Repealed]

42 Rates of invalids' benefits

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

43 Subsidy on earnings of blind beneficiaries

44 Medical examination of invalids

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

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

46 Refusal to undertake vocational training [Repealed]

Work capacity assessment

[Repealed]

47 Procedure for assessment of capacity for work [Repealed]

48 Assessment of capacity for work [Repealed]

49 Content of assessment [Repealed]

50 Effect of assessment [Repealed]

51 Reassessment [Repealed]

52 Funeral grant on death of miner [Repealed]

53 Miners' widows' benefits [Repealed]

Appeals

53A Right of appeal on medical grounds

Sickness benefits

54 Sickness benefit: standard eligibility requirements

54A Sickness benefit: grounds of hardship

54B Sickness benefit: medical examinations

54C Sickness benefit: payment [Repealed]

54D Rates of sickness benefit

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

54E Obligations of spouse or partner of sickness beneficiary

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

55 Rates of sickness benefits [Repealed]

56 Medical examination of applicants for sickness benefits [Repealed]

57 Period for which sickness benefit payable [Repealed]

Unemployment benefits

[Repealed]

58 Unemployment benefits [Repealed]

59 Rates of unemployment benefits [Repealed]

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

Young job seekers' allowances

[Repealed]

59B Young job seekers' allowances [Repealed]

59C Rates of young job seekers' allowances [Repealed]

59D Spouse of young job seeker's allowance recipient [Repealed]

59E Period for which young job seeker's allowance payable [Repealed]

60 Commencement of unemployment benefit, etc [Repealed]

Training benefits

[Repealed]

60A Training benefits: purpose [Repealed]

60AA Training benefits: qualifications [Repealed]

60B Rates of training benefits [Repealed]

60C Period for which training benefit payable [Repealed]

60D Job search allowance [Repealed]

60E Rates of job search allowance [Repealed]

60F Independent youth benefits: basic qualifications [Repealed]

60FA Independent youth benefits: single persons [Repealed]

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

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

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

60G Rates of independent youth benefit [Repealed]

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

60GAB Independent youth benefits: obligations [Repealed]

60GAC Department to explain obligations to beneficiaries [Repealed]

Further conditions of benefits

60GAD Purpose of sections 60GAE and 60GAF

60GAE Beneficiaries having additional dependent child: general

60GAF Chief executive may refrain from applying section 60GAE

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

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

60HA Work preparation exercise

60HB Effect of failure to attend or participate in mandatory interview [Repealed]

60HC Beneficiaries to be work-tested [Repealed]

60HCA General duty of Director-General to ensure that work-tested beneficiaries aware of obligations [Repealed]

60HD Power of Director-General to grant exemption from mandatory interview or work test [Repealed]

60HE Persons exempted from mandatory interview or work test to notify change of circumstances [Repealed]

60HF Delay of work test obligation for existing beneficiaries [Repealed]

60I Effect of redundancy payments, etc, on entitlement to benefits [Repealed]

60J Failure to comply with work test [Repealed]

60JA Penalty for failure to attend or participate in mandatory interview or comply with work test [Repealed]

60JB Effect of recompliance with mandatory interview or work test [Repealed]

60JC Reduction of benefit or non-entitlement period to end if person ceases to be subject to mandatory interview or work-testing [Repealed]

60K Effect of undertaking employment [Repealed]

60KA Effect of participation in approved activities [Repealed]

60L Effect of sections 60H to 60J and section 60N on entitlement to supplementary benefits and on spouses [Repealed]

60M Community task force scheme [Repealed]

60N Effect of failure to participate in community task force project [Repealed]

60O Interpretation [Repealed]

60P Purposes of section 60Q

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

60R Department to explain obligations to beneficiaries

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

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

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

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

60W Failure without good and sufficient reasons [Repealed]

60X Procedure for imposing sanctions [Not in force]

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

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

Emergency benefits

61 Chief executive may grant emergency benefit in cases of hardship

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

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

61C Special powers of chief executive in respect of maintenance

61CA Maintenance payable to Crown

Epidemics

61CB Payment of benefits during epidemic in New Zealand

61CC Granting of emergency benefits during epidemic in New Zealand

61CD During epidemic benefits may be granted without normal investigations

61CE Overseas epidemics affecting visitors to New Zealand

61CF Special assistance for visitors affected by overseas epidemics

Lump sum payments after death

61D Interpretation

61DA Restrictions on payment of funeral grants

61DB Payment of funeral grants where there is a surviving spouse or partner or children

61DC Payment of funeral grants where there is no surviving spouse or partner or children

61DD Children's funeral grants

61DE Method of making payments

61DF Method of making payments [Repealed]

61DG Applications for lump sum payments after death [Repealed]

Accommodation supplement

61DH Purpose of accommodation supplement

61E Interpretation

61EA Accommodation supplement

61EB Special rules for joint tenants who are married, in civil union, or de facto relationship

61EC Rates of accommodation supplement

61F Rates of accommodation benefit [Repealed]

61FA Rent rebate entitlement [Repealed]

61FB Rate of rebate [Repealed]

61FC Tenure protection allowance [Repealed]

61FD Rate of tenure protection allowance [Repealed]

Temporary additional support

61G Temporary additional support

Childcare assistance

61GA Childcare assistance

Alteration of rates of benefits

61H Rates of benefits, etc, may be increased by Order in Council

61HA Annual CPI adjustment of rates of certain benefits

61I Areas for accommodation supplement purposes may be altered by Order in Council

Miscellaneous provisions as to monetary benefits

62 Grant of benefit after death of applicant

63 Conjugal status for benefit purposes

63A Provisions relating to children who continue education

64 Mode of ascertaining income for benefit purposes

65 Adjustment of anomalies due to receipt of income subject to income tax [Repealed]

66 Exemption of income from friendly or like society

66A Special exemption for severe disablement

66B Redundancy and retirement payments not to be taken into account in determining rates of benefits

67 Exemption of income from domestic or nursing service [Repealed]

68 Exemption of income from former home property

68A Special provisions applying to insurance payments

69 Power to increase rates of benefits payable to parents of deceased members of the forces or mercantile marine

69A Telephone-service-rental allowance [Repealed]

69B Television-licence-fee concessions [Repealed]

69C Disability allowance

69D Transition to work allowance [Repealed]

69E Interpretation [Repealed]

69F Financial means assessments [Repealed]

69FA Financial means assessments for home-based disability support services

Overseas pensions

69G Reasonable steps to be taken to obtain overseas pension

69H Information on rate of overseas pension to be provided

69I Duty of chief executive to assist

70 Rate of benefits if overseas pension payable

70A Rates of benefits for sole parents may be reduced

70B Entitlement to benefits in cases of shared custody

71 Special provisions where compensation or damages recoverable by applicant

71A Deduction of weekly compensation from income-tested benefits

72 Limitation where applicant receiving another benefit or war pension

73 Limitation where applicant entitled to claim under Family Protection Act 1955

74 Limitation in certain other cases

74AA Residential requirements for certain benefits

74A Persons unlawfully resident or present in New Zealand

75 Beneficiaries in hospital

75A Beneficiaries in institutions under Alcoholism and Drug Addiction Act 1966

76 Forfeiture of benefit during detention in a prison

77 Effect of absence of beneficiary from New Zealand

78 Effect of absence of beneficiary from New Zealand on residential qualification

79 Persons liable for income tax on earnings while employed overseas deemed to be resident in New Zealand

80 Commencement of benefits

80AA Minister may allow back-dating of benefit where earlier failure to grant it based on error

80A Duty to advise change of circumstances affecting entitlement to benefit

80B Interpretation

80BA Calculation of stand down

80BB Delayed redundancy and retirement payments

80BC Seasonal workers made redundant after benefit commences

80BD Ending of benefits

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

80D Benefit applications by claimants under Accident Compensation Act 2001

81 Review of benefits

82 Payment of benefits

82A Duty to supply tax file number and consequence of failure to do so

83 Apportionment of benefit between spouses or partners

83A Tax on benefits

84 Benefits to be inalienable

84A Payment of benefit not to restrict right to maintenance

85 Termination of benefit on death of beneficiary [Repealed]

85A Payments that are debts due to the Crown

86 Recovery of payments made in excess of authorised rates

86A Deduction notices for debt

86B Issue of deduction notice to State sector employer

86C Discharge of debt

86D Deduction notices issued on banks

86E Deductions held in trust

86F Offences in relation to deduction notices

86G Protected earnings

86H Variation or discharge of deduction notice

86I Penalty for late deductions

86J Notices

86K Validation of benefit payments and other payments in respect of certain children in care

Part 1A
Family care grants

[Repealed]

86L Renewal of family care grants [Repealed]

86M Duty to advise change of circumstances, etc, affecting entitlement to grant [Repealed]

86N Method of ascertaining income [Repealed]

86O Overpayments [Repealed]

86P Application to family care grants of certain provisions of Part 1 [Repealed]

Part 2
Unemployment benefit and work testing

87 Purposes of this Part [Repealed]

88 Overview of this Part [Repealed]

88A Interpretation

Unemployment benefit

89 Unemployment benefit: standard eligibility requirements

90 Unemployment benefit: grounds of hardship

91 Unemployment benefit: ineligibility

92 Community wage: application on grounds of sickness, injury, or disability [Repealed]

93 Community wage: determination of application [Repealed]

93A Additional fees for general medical services on public holidays and at night [Repealed]

94 Community wage: job seeker contract [Repealed]

94A Rural practice bonuses [Repealed]

95 Job seeker contract for other beneficiaries [Repealed]

96 Community wage: not payable until job seeker contract signed [Repealed]

96A Unemployment benefit: pre-benefit activities

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

97 Unemployment benefit: obligations on beneficiaries

97A Immunisation benefit [Repealed]

98 Unemployment benefit: payment

99 Unemployment benefit: rates

99AA Unemployment benefit: expiry

99AB Unemployment benefit: requirements for re-grant

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

100 Department's obligations in respect of work testing and community wage [Repealed]

100A Extension of power of use by Crown of patented invention [Repealed]

Work test

101 Purpose of sections 102 to 123D

102 Application of work test

102A Work test obligations

103 Delayed application of work test: age of dependent child [Repealed]

104 Delayed application of work test: bereavement or separation [Repealed]

104A Transitional provision dealing with deferrals

105 Exemption from obligations

Job seeker agreements

[Repealed]

105A Description of job seeker agreement and responsibilities arising from it [Repealed]

105B Entering into and reviewing job seeker agreement [Repealed]

105C Department to explain to beneficiaries their rights and obligations

105D Job seeker contracts to have effect as job seeker agreements [Repealed]

Deferral of work-test obligations

[Repealed]

106 Application for deferral of work-test obligations [Repealed]

107 Chief executive may defer work-test obligations [Repealed]

108 Effect of deferral [Repealed]

109 Persons who are to notify change of circumstances affecting exemption or deferral [Repealed]

Job seeker development activities

[Repealed]

110 Defining job seeker development activities [Repealed]

111 Assistance provided by department

Obligation to accept offer of employment

[Repealed]

112 Organised activities to have effect as job seeker development activities [Repealed]

Sanctions regime

113 Procedure for imposing sanctions

114 Notices

115 Failure to comply with work test

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

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

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

117 Sanctions that may be imposed for failures

118 Penalties for failure to participate in organised activity to satisfaction of chief executive [Repealed]

119 Calculation of failure rate

120 Modified effect in some cases of sanctions on rate of benefit for people married or in civil union or de facto relationship

120A Costs incurred by Authority [Repealed]

121 Effect of sanctions on benefit of sole parent

General provisions

122 Meaning of recompliance

123 Effect of ceasing to be subject to obligation to comply with section 60HA or work test or section 170 or 171

123A Effect of employment on non-entitlement period

123B Effect of participation in certain activities on non-entitlement period

123C Application of Health and Safety in Employment Act 1992 and Human Rights Act 1993

123D Regulations

Part 3
General provisions

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

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

123G Consultation on proposed agreement

123H Agreements to be reviewed after 3 years

124 Money payable out of Crown Bank Account

Preferred suppliers of goods or services for beneficiaries or others

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

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

125A Chief executive may contract with service providers

125B Contracts with service providers: contents and form

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

125D Information-sharing in relation to young persons

125E Chief executive may adopt existing contracts

125F Information on provision of contracted services to be published

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

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

125I Complaints to Privacy Commissioner

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

127 Offences

128 Proceedings for offences

129 General penalty for offences

130 Exemptions from stamp duty [Repealed]

131 Declarations

131A Disclosure of information between Department of Social Welfare and Department of Labour [Repealed]

131B Definitions for purposes of sections 131C and 131D [Repealed]

131C Notice of decision to suspend, reduce, or cancel work-tested benefit [Repealed]

131D Reduction of notice period [Repealed]

131E Notices [Repealed]

131F Jurisdiction of Privacy Commissioner [Repealed]

131G Privacy Commissioner to report on compliance with section 131C [Repealed]

132 Regulations

132AA Regulations exempting items from treatment as income or cash assets may have retrospective effect

132AB Regulations relating to temporary additional support

132A Regulations providing for issue and use of entitlement cards

132AC Regulations relating to childcare assistance

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

132B Regulations providing for assessment of financial means of people requiring disability services [Repealed]

132C Regulations relating to overseas pensions

132D Regulations exempting income and assets from assessment of financial means of people requiring certain disability services

132E Regulations relating to work capacity assessment [Repealed]

132F Regulations providing for participation allowance

132G Regulations providing for remittance or suspension of debt

132H Rules providing for determination of incomes of certain people by chief executive

132I Rules relating to determination by chief executive of deprivation of property or income

132J Regulations stating pre-benefit activities

132K Regulations relating to advance payments of benefit

133 Annual reports

134 Consequential amendment [Repealed]

135 Repeals and savings

Part 4
Long-term residential care in hospital or rest home

136AA Purpose of this Part

136AB Overview of this Part

136 Interpretation

Needs assessment

137 Needs assessment

138 Effect of being assessed as requiring long-term residential care in hospital or rest home indefinitely

Liability to pay

139 Personal obligation to pay for care

140 Funder's liability in respect of persons whose assets are above applicable asset threshold or who have not been means assessed

141 Funder's liability in respect of persons whose assets are equal to or below applicable asset threshold

142 Funder's liability in respect of exempt persons and elderly victims of crime

143 Residents assessed as requiring care aged 50 to 64 not required to pay out of assets

Means assessment

144 Application for means assessment

145 Date of means assessment

146 Means assessment as to assets

147 Means assessment as to income

147A Deprivation of assets and income

148 Notice of means assessment (including reviews)

149 Obligation to advise change of circumstances and right to apply for review

150 Review of means assessment

151 Conjugal status for purpose of means assessment

Miscellaneous

152 Maximum contributions set by Gazette notice

153 Residential care loan scheme

154 Clothing allowance

155 Regulations relating to this Part

Part 5
Financial support for young people

156 Purpose

157 Interpretation

Youth payment

158 Youth payment: basic criteria

159 Youth payment: single young persons

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

161 Youth payment: ground of hardship

162 Youth payment: continuation after age 18

163 Youth payment: rate and components

Young parent payment

164 Young parent payment: basic criteria

165 Young parent payment: single young persons

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

167 Young parent payment: ground of hardship

168 Young parent payment: continuation after age 19

169 Young parent payment: rate and components

Obligations

170 Youth support payments: obligations

171 Obligations of spouses and partners of specified beneficiaries

172 Department to explain obligations to young person

Sanction regime

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

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

175 Effect of sanctions on supplementary benefits

176 Sanctions generally

177 Effect of sanction on young parent payment

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

Administration

179 Money management in relation to youth support payments: general

180 Young person beneficiaries may elect money management

181 Chief executive may assign contracted service provider to young person

Schedule 1
Rates of superannuation benefits

[Repealed]

Schedule 2
Rates of age benefits

[Repealed]

Schedule 3
Rates of widows' benefits

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

Schedule 5
Rates of family benefits

[Repealed]

Schedule 6
Rates of invalids' benefits

Schedule 7
Rates of miners' benefits and miners' widows' benefits

[Repealed]

Schedule 8
Rates of benefit payable to person receiving a sickness benefit immediately before 1 July 1998

[Repealed]

Schedule 9
Rates of unemployment benefits and sickness benefits

Schedule 10
Special income exemption in respect of sick benefits from friendly or like society (New Zealand superannuation payable under section 16, invalids', widows', domestic purposes, and sickness benefits only)

Schedule 11
Special income exemption in respect of earnings from domestic and nursing service

[Repealed]

Schedule 12
Maximum increase in rate of benefit payable to parent of deceased member of forces or mercantile marine

Schedule 13
Enactments repealed

Schedule 14
Child supplements

[Repealed]

Schedule 15
Maximum rate of rehabilitation allowance

[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 contributions by liable parents to cost of domestic purposes benefit

[Repealed]

Schedule 21
Rates of family care grants

[Repealed]

Schedule 22
Rates of benefits payable to long-term hospital patients

Schedule 23
Transition to work allowance

[Repealed]

Schedule 24
Rates of national superannuation

[Repealed]

Schedule 25
Rate of telephone-service-rental allowance

[Repealed]

Schedule 26
Rates and component of youth payment and young parent payment, and criteria for incentive payments

Schedule 27
Means assessment under Part 4

Schedule 28
Period of benefit stand down

Schedule 29
Powers, functions, and discretions of the Director-General that may be delegated to the chief executive of the Department of Labour

[Repealed]

Schedule 30
Method of calculating ability to make payments towards costs of home-based disability support services under section 69FA

Schedule 31
Asset and income limits that may be applied to certain assistance


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

1 Short Title and commencement
  • (1) This Act may be cited as the Social Security Act 1964.

    (2) This Act shall come into force on 1 April 1965.

1A Purpose
  • 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:

    • (ca) to provide services to encourage and help young persons to move to education, training, and employment rather than to receiving financial support under this Act:

    • (d) to impose administrative and, where appropriate, work-related requirements on people seeking or receiving financial support under this Act, and, in the case of young persons, seeking or receiving financial support under this Act, educational, budget management, and (where appropriate) parenting requirements.

    Section 1A: inserted, on 24 September 2007, by section 23 of the Social Security Amendment Act 2007 (2007 No 20).

    Section 1A(ca): inserted, on 20 August 2012, by section 4(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 1A(d): amended, on 20 August 2012, by section 4(2) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

1B Principles
  • 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 prepare 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).

    Section 1B(c): amended, on 15 October 2012, by section 32 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

Part 1
Monetary benefits

2 Administration
  • [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).

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

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

    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]

    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

      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

    contracted service provider has the meaning given by section 125A(1)

    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 2003 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

      • (iii) who, under section 362 of that Act, is placed in the charge of the person:

    • (d) for the purposes only of Schedules 3, 6, 9, 16, 17, 18, and 26, does not include a child in respect of whom an orphan's benefit or an unsupported child's benefit is being paid:

    • (e) does not include a child in respect of whom a young parent payment is being paid except in relation to that child's parent or step-parent

    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 1 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

    • (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; but

    • (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

    incentive payment means a payment referred to in any of clauses 7 to 9 of Schedule 26

    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—

      • (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):

      • (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 Accident 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:

      • (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) [Repealed]

    • (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 veteran's pension 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:

    • (k) a youth payment:

    • (l) a young parent payment

    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:

    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

    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 5 or older, but under 14 years, who is—

      • (i) a work-tested spouse or partner; or

      • (ii) a work-tested domestic purposes beneficiary; or

      • (iii) a work-tested widow's beneficiary; or

    • (b) a person who is a work-tested sickness beneficiary

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

    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

    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 determined by the chief executive having regard to the employment required to satisfy the work test for that person

    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—

    • (a) who is granted an unemployment benefit; or

    • (b) who is—

      • (i) a work-tested spouse or partner; or

      • (ii) a work-tested domestic purposes beneficiary; or

      • (iii) a work-tested widow's beneficiary; or

      • (iv) a work-tested sickness beneficiary

    work-tested benefit

    • (a) except in relation to a work-tested domestic purposes beneficiary, a work-tested sickness beneficiary, or a work-tested widow's beneficiary, means an unemployment benefit; and

    • (b) in relation to a work-tested spouse or partner, includes a sickness benefit, an emergency benefit, and an invalid's benefit; and

    • (c) in relation to a work-tested domestic purposes beneficiary, means a domestic purposes benefit under section 27B or 27C; and

    • (d) in relation to a work-tested sickness beneficiary, means a sickness benefit; and

    • (e) in relation to a work-tested widow's beneficiary, means a widow's benefit

    work-tested domestic purposes beneficiary means a person who has been granted a domestic purposes benefit under section 27B or 27C; and—

    • (a) who has no dependent children; or

    • (b) whose youngest dependent child—

      • (i) is aged 5 years or older, but under 18 years; or

      • (ii) is aged 18 years or older, 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—

    • (a) who—

      • (i) has no dependent child under 5 years (or has no dependent child at all); and

      • (ii) is not subject to obligations under section 171; and

      • (iii) has not been granted an exemption from the work test; and

    • (b) who—

      • (i) is the spouse or partner of a person granted an unemployment benefit, a sickness benefit, or an invalid's benefit, (being, in each case, a benefit granted at a work-test married rate); or

      • (ii) both—

        • (A) is the spouse or partner of a person granted an emergency benefit at a work-tested married rate; and

        • (B) has under section 61A(1A) been required by the chief executive to comply with the work test; or

      • (iii) is—

        • (A) the spouse or partner of a person who is receiving long-term residential care in a hospital or rest home; and

        • (B) aged under 60 years; and

    work-tested widow's beneficiary means a person who has been granted a widow's benefit; and—

    • (a) who has no dependent children; or

    • (b) whose youngest dependent child—

      • (i) is aged 5 years or older, but under 18 years; or

      • (ii) is aged 18 years or older, and is a child in respect of whom that benefit is paid, or continues to be paid, under section 63A

    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 15 January in the following year

    young parent payment means a young parent payment payable under Part 5

    youth payment means a youth payment payable under Part 5

    youth support payment means a young parent payment or youth payment.

    (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—

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

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

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

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

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

      • (i) before 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 or partner (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 24

    Section 3(1): amended, on 1 July 1998, by section 2(1) of the Social Security Amendment Act 1998 (1998 No 19).

    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 or Authority: inserted, on 1 May 1974, by section 2(1) of the Social Security Amendment Act 1973 (1973 No 34).

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

    Section 3(1) assessable income: repealed, on 1 April 1992, 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: replaced, 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): replaced, 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): replaced, 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)(iia): inserted, on 20 August 2012, by section 5(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 3(1) benefit paragraph (b)(iii): replaced, 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): replaced, 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)(ivb): inserted, on 1 April 2006, by section 21 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

    Section 3(1) benefit paragraph (b)(v): replaced, 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 paragraph (b)(va): 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) benefit paragraph (b)(vi): 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) benefit paragraph (b)(vii): 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) benefit paragraph (b)(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) benefit paragraph (c): replaced, on 1 July 1993, by section 2(2) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

    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: replaced, on 30 November 1992, by section 2(1) of the Social Security Amendment Act (No 4) 1992 (1992 No 99).

    Section 3(1) ceased paragraph (b)(iv): amended, on 1 January 1994, by section 2(1) of the Social Security Amendment Act 1993 (1993 No 14).

    Section 3(1) ceased paragraph (b)(v): inserted, on 1 January 1994, by section 2(2) of the Social Security Amendment Act 1993 (1993 No 14).

    Section 3(1) chief executive: replaced, 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: replaced, on 1 April 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) contracted service provider: inserted, on 20 August 2012, by section 5(2) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    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: 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) 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: replaced, 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: replaced, 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) dependent child paragraph (d): amended, on 20 August 2012, by section 5(3) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 3(1) dependent child paragraph (e): inserted, on 20 August 2012, by section 5(4) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    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: replaced, 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 2(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: replaced, 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(1) of the Social Security Amendment Act 1972 (1972 No 133).

    Section 3(1) financially independent: inserted, on 1 April 1991, by section 2(2) of the Social Security Amendment Act 1991 (1991 No 1).

    Section 3(1) financially independent paragraph (b): amended, on 1 October 1998, pursuant to regulation 49 of the Student Allowance Regulations 1998 (SR 1998/277).

    Section 3(1) financially independent paragraph (c): 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) 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: amended, 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 or full-time 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 or full-time 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: amended, 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): 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 (a)(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 27 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 27 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, on 2 October 1994, 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) incentive payment: inserted, on 20 August 2012, by section 5(2) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 3(1) income: replaced, on 2 October 1994, by section 3(2) of the Social Security Amendment Act 1994 (1994 No 86).

    Section 3(1) income paragraph (c): replaced, 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)(iii): inserted, on 1 July 1999, by section 415(1) of the Accident Insurance Act 1998 (1998 No 114).

    Section 3(1) income paragraph (c)(iii): 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 (d)(iv): 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 (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)(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 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    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)(iv): 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 (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 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

    Section 3(1) income paragraph (f)(ix): amended, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

    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)(xiii): 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): 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): replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 3(1) income paragraph (f)(xiv)(A): 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 (f)(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)(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 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 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

    Section 3(1) income-related insurance payment: inserted, on 2 October 1994, 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: inserted, on 1 April 1969, pursuant to 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 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), 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: replaced, 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): replaced, 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 (d): repealed, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 3(1) income-tested benefit paragraph (f): replaced, 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) income-tested benefit paragraph (k): inserted, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 3(1) income-tested benefit paragraph (l): inserted, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    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: replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 3(1) medical practitioner: replaced, 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: replaced, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income 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: replaced, 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): inserted, on 24 September 2007, by section 42(6) of the Social Security Amendment Act 2007 (2007 No 20).

    Section 3(1) non-entitlement period paragraph (e): amended, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    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: replaced, 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) part-time work-tested beneficiary paragraph (a): replaced, on 15 October 2012, by section 33(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 3(1) pay day: replaced, on 1 April 1990, by section 37(1)(a) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

    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 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 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: replaced, 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 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) residential care services paragraph (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) 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: replaced, 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, pursuant to section 3(3) of the Land and Income Tax Amendment Act (No 3) 1968 (1968 No 49).

    Section 3(1) sole parent: replaced, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 3(1) sole parent paragraph (b): replaced, 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: replaced, 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: replaced, on 15 October 2012, by section 33(3) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    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: replaced, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 3(1) veteran's pension: replaced, 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 section 58(1) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 3(1) work test: replaced, on 1 October 1998, by section 2(3) 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): replaced, on 12 December 2012, by section 4 of the Social Security Amendment Act (No 2) 2012 (2012 No 114).

    Section 3(1) work-test married rate paragraph (b)(i): amended, 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)(i): amended, 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)(ii): 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-test married rate paragraph (b)(ii): amended, 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)(i): amended, 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): replaced, 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): amended, on 1 July 2005, by section 7 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 3(1) work-tested beneficiary: replaced, on 15 October 2012, by section 33(2) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 3(1) work-tested benefit: replaced, on 15 October 2012, by section 33(2) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 3(1) work-tested domestic purposes beneficiary: replaced, on 15 October 2012, by section 33(2) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    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: replaced, on 20 August 2012, by section 5(5) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 3(1) work-tested spouse or partner paragraph (a)(i): amended, on 15 October 2012, by section 33(4) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 3(1) work-tested widow's beneficiary: inserted, on 15 October 2012, by section 33(5) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    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 (aa): inserted, on 1 October 1998, by section 2(4) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

    Section 3(1) young parent payment: inserted, on 20 August 2012, by section 5(2) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 3(1) youth payment: inserted, on 20 August 2012, by section 5(2) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 3(1) youth support payment: inserted, on 20 August 2012, by section 5(2) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    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 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

    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 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 3(3): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 3(3)(a): replaced, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 3(3)(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 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)(i): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

    Section 3(3)(c)(ii): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

    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, on 2 October 1994, 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(4)(g): 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): replaced, on 1 October 1998, by section 18(11) 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(5): amended, on 1 February 1999, by section 58(8) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 3(6): inserted, on 2 July 2007, by section 4(2) of the Social Security Amendment Act 2007 (2007 No 20).

3A Delegation of powers by Minister
  • [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).

Administration

4 Social Security Department
  • [Repealed]

    Section 4: repealed, on 1 April 1972, by section 15(4) of the Department of Social Welfare Act 1971 (1971 No 60).

5 Chief executive to comply with directions
  • (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 and Retirement Income 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: replaced, 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 21 April 2005, pursuant to section 5(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

    Section 5(1): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 5(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

6 Social Security Commission
  • [Repealed]

    Section 6: repealed, on 23 June 1987, by section 2(3)(e) of the Social Security Amendment Act 1987 (1987 No 106).

7 Acting Commissioners
  • [Repealed]

    Section 7: repealed, on 23 June 1987, by section 2(3)(e) of the Social Security Amendment Act 1987 (1987 No 106).

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

    Section 8: repealed, on 1 April 1972, by section 17(2) of the Department of Social Welfare Act 1971 (1971 No 60).

9 Meetings of Commission
  • [Repealed]

    Section 9: repealed, on 23 June 1987, by section 2(3)(e) of the Social Security Amendment Act 1987 (1987 No 106).

10 Delegation of Director-General's powers
  • [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).

10A Review of decisions
  • (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 matters to which this Act applies are made or were 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 matters to which this Act applies are made or were made appointed by the Minister to represent the interests of the community on the committee:

    • (b) [Repealed]

    • (c) 2 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:

    (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): replaced, 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(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(1C): 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(2): replaced, 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, pursuant to section 4(e)(i) of the Social Security Amendment Act 1992 (1992 No 15).

    Section 10A(2): amended, on 1 April 1992, pursuant to section 4(g) of the Social Security Amendment Act 1992 (1992 No 15).

    Section 10A(3): amended, on 1 April 1992, pursuant to section 4(g) of the Social Security Amendment Act 1992 (1992 No 15).

    Section 10A(3)(a): replaced, on 1 April 1991, by section 3(1) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).

    Section 10A(3)(a): amended, on 1 April 1992, pursuant to section 4(e)(i) 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): replaced, on 1 April 1991, by section 3(2) of the Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).

    Section 10A(4): amended, on 1 April 1992, pursuant to section 4(g) of the Social Security Amendment Act 1992 (1992 No 15).

    Section 10A(4)(c): amended, on 1 April 1992, pursuant to section 4(g) of the Social Security Amendment Act 1992 (1992 No 15).

11 Power to obtain information
  • (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—

    • (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

    (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) 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: replaced, on 30 June 1993, by section 3 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

    Section 11(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    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(1)(a): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    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)(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 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    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)(d): replaced, 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)(i): 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 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

    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 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 11(2)(f): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    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): replaced, 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 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    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): replaced, on 1 August 2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).

11A Power to obtain information for matching purposes
  • (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 of that Act, shall apply, with all necessary modifications, to any information obtained by the chief executive pursuant to subsection (1) 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 1 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: replaced, on 30 June 1993, by section 3 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

    Section 11A(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    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(1)(c): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 11A(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 11A(2)(c): replaced, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 11A(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 11A(4): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 11A(4)(a): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 11A(4)(a)(i): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 11A(5): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 11A(6): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 11A(6)(a): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 11A(6)(b): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 11A(7): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 11A(10): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

11B Code of conduct applying to obtaining information under section 11
  • (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): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 11B(4): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 11B(5): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 11B(8): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

11C Matters to be included in code of conduct
  • (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).

11D Application process for benefits
  • (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.

    (3A) If the chief executive considers that the appropriate benefit for an applicant is a youth support payment, he or she may require as supporting evidence under subsection (2)(b) evidence of the applicant's accommodation costs and service costs (within the meaning of section 157), debts, and other liabilities.

    (3B) Subsection (3A) does not limit the generality of subsection (2)(b).

    (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).

    Section 11D(3A): inserted, on 20 August 2012, by section 6 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 11D(3B): inserted, on 20 August 2012, by section 6 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

12 Investigation of claims and grant of benefits
  • (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(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(1AA): inserted, on 24 September 2007, by section 25 of the Social Security Amendment Act 2007 (2007 No 20).

    Section 12(1A): inserted, on 24 August 1979, by section 3(1) of the Social Security Amendment Act 1979 (1979 No 14).

    Section 12(1A): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 12(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 12(2): amended, on 1 July 1992, by section 4(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

    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 24 August 1979, by section 3(2)(a) of the Social Security Amendment Act 1979 (1979 No 14).

    Section 12(2): amended, on 24 August 1979, by section 3(2)(b) of the Social Security Amendment Act 1979 (1979 No 14).

    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 20 October 1972, by section 3 of the Social Security Amendment Act 1972 (1972 No 133).

    Section 12(2): amended, on 1 January 1970, by section 3(1) of the Social Security Amendment Act 1969 (1969 No 46).

Appeal Authority

  • Heading: inserted, on 1 May 1974, by section 4(1) of the Social Security Amendment Act 1973 (1973 No 34).

12A Social Security Appeal Authority
  • (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(1) of the Social Security Amendment Act 1973 (1973 No 34).

12B Term of office of members
  • (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(1) of the Social Security Amendment Act 1973 (1973 No 34).

12C Extraordinary vacancies
  • (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(1) 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).

12D Special Appeal Authorities
  • (1) In addition to the Appeal Authority established by section 12A, there may from time to time be established in accordance with this section 1 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(1) of the Social Security Amendment Act 1973 (1973 No 34).

12E Deputies of members
  • (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(1) 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).

12F Remuneration and travelling allowances
  • (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(1) of the Social Security Amendment Act 1973 (1973 No 34).

12G Services for Appeal Authority
  • The chief executive of the Ministry of Justice shall designate an officer of the Ministry of Justice 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: replaced, on 1 July 1995, by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

    Section 12G: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

    Section 12G: amended, on 1 October 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).

12H Authority to have seal
  • 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(1) of the Social Security Amendment Act 1973 (1973 No 34).

12I Functions of Appeal Authority
  • (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(1) of the Social Security Amendment Act 1973 (1973 No 34).

    Section 12I(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

12J Rights of appeal
  • (1) Any applicant or beneficiary affected may appeal to the Appeal Authority against any decision or determination of the chief executive under—

    • (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

    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; 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(1) of the Social Security Amendment Act 1973 (1973 No 34).

    Section 12J heading: amended, on 20 August 2012, by section 7(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 12J(1): replaced, 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 20 August 2012, by section 7(2) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    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)(a): amended, on 1 October 1998, by section 19(1) of the Social Security Amendment Act 1998 (1998 No 19).

    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 and Retirement Income 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 section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

    Section 12J(1A): replaced, on 23 November 2000, by section 8(2) 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): replaced, on 1 July 1993, by section 4(2) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

    Section 12J(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    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): 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)(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): inserted, 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): replaced, 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).

12K Procedure on appeal
  • (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) 3 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) 3 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, the chief executive 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(1) of the Social Security Amendment Act 1973 (1973 No 34).

    Section 12K(1): replaced, 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(1A): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    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(1C)(b): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 12K(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 12K(4): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 12K(4)(a): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 12K(4)(b): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 12K(4)(c): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 12K(5): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 12K(7): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 12K(8): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 12K(11): amended, on 17 September 1997, by section 7(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

12L Expenses payable to appellants
  • 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(1) of the Social Security Amendment Act 1973 (1973 No 34).

    Section 12L: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

12M Hearing and determination of appeal
  • (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(1) of the Social Security Amendment Act 1973 (1973 No 34).

    Section 12M(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 12M(1)(a): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 12M(1)(b): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 12M(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 12M(4): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 12M(8): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

12N Sittings of Appeal Authority
  • (1) The presence of the chairman and 1 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(1) of the Social Security Amendment Act 1973 (1973 No 34).

12O Costs
  • (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(1) of the Social Security Amendment Act 1973 (1973 No 34).

    Section 12O(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 12O(4): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

12OA Costs incurred by Authority
  • 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 28 of the Finance Act 1989 (1989 No 13).

12P Notice of decision
  • 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(1) of the Social Security Amendment Act 1973 (1973 No 34).

    Section 12P: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

12Q Appeals to High Court on questions of law only
  • (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(1) of the Social Security Amendment Act 1973 (1973 No 34).

    Section 12Q heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

    Section 12Q(1): amended, on 1 April 1980, pursuant to 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): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

12R Appeals to Court of Appeal
  • 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(1) of the Social Security Amendment Act 1973 (1973 No 34).

    Section 12R: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

12S Appeals to Supreme Court
  • (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).

National superannuation

[Repealed]

  • Heading: repealed, on 1 April 1990, pursuant to section 14(18) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

13 National superannuation
  • [Repealed]

    Section 13: repealed, on 1 April 1990, by section 14(18) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

14 Residential qualification for national superannuation
  • [Repealed]

    Section 14: repealed, on 1 April 1990, by section 14(18) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

15 Rates of national superannuation
  • [Repealed]

    Section 15: repealed, on 1 April 1990, by section 14(18) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

16 Special provisions in respect of married couples where one spouse not entitled to national superannuation
  • [Repealed]

    Section 16: repealed, on 1 April 1989, by section 29(1) of the Finance Act 1989 (1989 No 13).

17 Commencement and payment of national superannuation
  • [Repealed]

    Section 17: repealed, on 1 April 1990, by section 14(18) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

18 Termination of national superannuation on death of recipient
  • [Repealed]

    Section 18: repealed, on 28 September 1982, by section 4(1) of the Social Security Amendment Act 1982 (1982 No 16).

19 Special allowance for South African War veterans
  • [Repealed]

    Section 19: repealed, on 1 April 1990, by section 14(18) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

20 Additional benefit for South African War veterans
  • [Repealed]

    Section 20: repealed, on 9 February 1977, by section 4(1) of the Social Security Amendment Act 1976 (1976 No 40).

Widows' benefits

21 Widows' benefits
  • (1) Subject to the provisions of this Act,—

    • (a) every widow who is aged 19 years or over and is the mother of 1 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 1 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 1 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 any obligation arising under section 60Q; and

    • (b) if she is a work-tested widow's beneficiary, comply with the work test.

    (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

    • (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 20 August 2012, by section 8 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    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): replaced, on 2 July 2007, by section 10(2) of the Social Security Amendment Act 2007 (2007 No 20).

    Section 21(2A): replaced, on 15 October 2012, by section 34 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    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).

    Section 21(2C): repealed, on 10 March 2003, by section 6 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

    Section 21(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) Act 1990 (1990 No 26).

    Section 21(6): replaced, on 2 July 2007, by section 5 of the Social Security Amendment Act 2007 (2007 No 20).

    Section 21(7): replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 21(8): replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

21A Widows' benefits: pre-benefit activities
  • (1) This subsection applies to a person if—

    • (a) she contacts the department requesting financial assistance after the commencement of Part 3 of the Social Security (Youth Support and Work Focus) Amendment Act 2012; and

    • (b) the chief executive considers that the appropriate financial assistance for her would be a widow's benefit.

    (2) Section 96A(2) to (13) applies to a person to whom subsection (1) applies, but as if every reference to an unemployment benefit were a reference to a widow's benefit.

    Section 21A: inserted, on 15 October 2012, by section 35 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

22 Benefits to wives of mental patients
  • [Repealed]

    Section 22: repealed, on 14 November 1973, by section 5(1) of the Social Security Amendment Act 1973 (1973 No 34).

23 Benefits to deserted wives
  • [Repealed]

    Section 23: repealed, on 14 November 1973, by section 5(1) of the Social Security Amendment Act 1973 (1973 No 34).

24 Rates of widows' benefits
  • (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]

    Compare: 1938 No 7 ss 23, 24; 1946 No 22 s 2(1); 1961 No 6 s 3(1); 1964 No 37 ss 8, 9

    Section 24(1): amended, on 1 February 1999, by section 60 of the Social Security Amendment Act 1998 (1998 No 19).

    Section 24(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    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).

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

    Section 25: repealed, on 14 November 1973, by section 5(1) of the Social Security Amendment Act 1973 (1973 No 34).

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

    Section 26: repealed, on 14 November 1973, by section 5(1) of the Social Security Amendment Act 1973 (1973 No 34).

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

    Section 27: repealed, on 1 April 1990, by section 37(2) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Domestic purposes benefits

  • Heading: inserted, on 14 November 1973, by section 6(1) of the Social Security Amendment Act 1973 (1973 No 34).

27A Interpretation
  • (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

    • (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): replaced, on 2 July 2007, by section 6 of the Social Security Amendment Act 2007 (2007 No 20).

27B Domestic purposes benefits for solo parents
  • (1) In this section the term applicant means—

    • (a) a woman who is the mother of 1 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 prison; 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 is aged 19 years or over; 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 all obligations arising under section 60Q; 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 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 27B(1)(b): replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 27B(1)(c): replaced, 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): replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 27B(1)(e)(ii): replaced, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

    Section 27B(1)(e)(iii): inserted, 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): replaced, on 23 June 1987, by section 11(1) of the Social Security Amendment Act 1987 (1987 No 106).

    Section 27B(2): replaced, on 23 June 1987, by section 11(2) of the Social Security Amendment Act 1987 (1987 No 106).

    Section 27B(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    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): replaced, on 20 August 2012, by section 9 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 27B(2)(c): replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 27B(2A): replaced, 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(2A)(a): replaced, on 15 October 2012, by section 36 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    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).

27BA Split custody
  • (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 one 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(2)(b): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 27BA(2)(c): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 27BA(3): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

    Section 27BA(5): replaced, 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).

27C Domestic purposes benefits for women alone
  • (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 1 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 1 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 comply with the work test.

    (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: replaced, 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: replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 27C(3): replaced, on 1 April 1978, 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 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    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)(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 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 27C(4): replaced, on 15 October 2012, by section 37 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    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).

27CA Domestic purposes benefits under section 27B or 27C: pre-benefit activities
  • (1) This subsection applies to a person if—

    • (a) he or she who contacts the department requesting financial assistance after the commencement of Part 3 of the Social Security (Youth Support and Work Focus) Amendment Act 2012; and

    • (b) the chief executive considers that the appropriate financial assistance for him or her would be a domestic purposes benefit under section 27B or 27C.

    (2) Section 96A(2) to (13) applies to a person to whom subsection (1) applies, but as if every reference to an unemployment benefit were a reference to a domestic purposes benefit under section 27B or 27C.

    Section 27CA: inserted, on 15 October 2012, by section 38 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

27D Applicants for domestic purposes benefits for women alone to meet residential qualifications in section 74AA
  • An applicant for a benefit under section 27C must meet the residential requirements in section 74AA.

    Section 27D: replaced, on 2 July 2007, by section 10(2) of the Social Security Amendment Act 2007 (2007 No 20).

27E Continuation of benefit when benefit ceases to be payable in respect of children
  • [Repealed]

    Section 27E: repealed, on 1 April 1990, by section 37(2) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

27F Special provisions as to maintenance
  • [Repealed]

    Section 27F: repealed, on 1 July 1992, by section 6(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27G Domestic purposes benefits for care at home of the sick or infirm
  • (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 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—

    • (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 must not be granted a domestic purposes benefit under this section unless,—

    • (a) in the case of an applicant without a dependent child, he or she is aged at least 18 years:

    • (b) in any other case, he or she is aged at least 19 years.

    (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): replaced, on 2 July 2007, by section 7 of the Social Security Amendment Act 2007 (2007 No 20).

    Section 27G(2): amended, on 20 August 2012, by section 10(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 27G(2A): replaced, on 20 August 2012, by section 10(2) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    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(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 27G(3): amended, on 23 June 1987, by section 2(3)(d) of the Social Security Amendment Act 1987 (1987 No 106).

    Section 27G(4): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    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).

27H Rates of domestic purposes benefits
  • (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): replaced, on 23 June 1987, by section 12(1) of the Social Security Amendment Act 1987 (1987 No 106).

    Section 27H(1): amended, on 1 February 1999, by section 63 of the Social Security Amendment Act 1998 (1998 No 19).

    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 25 July 1990, by section 4(1) of the Social Security Amendment Act (No 2) 1990 (1990 No 74).

    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): inserted, on 23 June 1987, by section 12(1) of the Social Security Amendment Act 1987 (1987 No 106).

    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): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 27H(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 27H(2): amended, on 9 February 1977, by section 6(1)(a) of the Social Security Amendment Act 1976 (1976 No 40).

    Section 27H(2): amended, on 1 November 1976, by section 6(1)(b) of the Social Security Amendment Act 1976 (1976 No 40).

Contribution towards cost of domestic purposes benefits for solo parents

[Repealed]

  • Heading: repealed, on 1 July 1992, pursuant to section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27I Interpretation
  • [Repealed]

    Section 27I: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27J Maintenance order or agreement suspended while benefit is paid
  • [Repealed]

    Section 27J: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27K Liable parent to contribute towards cost of benefit and child supplement
  • [Repealed]

    Section 27K: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27L Director-General to give liable parent notice of grant of benefit
  • [Repealed]

    Section 27L: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27M Liable parent to notify Director General of total income, etc
  • [Repealed]

    Section 27M: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27N Director-General to assess contribution and notify liable parent
  • [Repealed]

    Section 27N: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27O Notice of objection
  • [Repealed]

    Section 27O: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27P Grounds on which objection may be made
  • [Repealed]

    Section 27P: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27Q Procedure to be followed where objection received
  • [Repealed]

    Section 27Q: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27R Hearing of objection by court
  • [Repealed]

    Section 27R: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27S Findings of court
  • [Repealed]

    Section 27S: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27T Appeal from decisions of courts
  • [Repealed]

    Section 27T: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27U Proceedings not open to public
  • [Repealed]

    Section 27U: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27V Restriction of publication of reports
  • [Repealed]

    Section 27V: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27W Costs
  • [Repealed]

    Section 27W: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27X Recovery of unpaid contributions
  • [Repealed]

    Section 27X: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27Y Deduction notices
  • [Repealed]

    Section 27Y: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27Z Effect of deduction notices
  • [Repealed]

    Section 27Z: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27ZA Liability of employer
  • [Repealed]

    Section 27ZA: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27ZB Protected earnings
  • [Repealed]

    Section 27ZB: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27ZC Variation or discharge of deduction notice
  • [Repealed]

    Section 27ZC: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27ZD Transaction fee
  • [Repealed]

    Section 27ZD: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27ZE Wrongful treatment of employee
  • [Repealed]

    Section 27ZE: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27ZF Extent to which deduction notices bind the Crown
  • [Repealed]

    Section 27ZF: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27ZG Relief in cases of serious hardship
  • [Repealed]

    Section 27ZG: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27ZH Review of contributions
  • [Repealed]

    Section 27ZH: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

27ZI Service of notices, etc, by Director-General
  • [Repealed]

    Section 27ZI: repealed, on 1 July 1992, by section 7(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

Orphans' benefits

28 Orphans' benefits
  • 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: replaced, on 1 April 1991, by section 5 of the Social Security Amendment Act 1991 (1991 No 1).

29 Unsupported child's benefit
  • 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: replaced, on 1 April 1991, by section 6 of the Social Security Amendment Act 1991 (1991 No 1).

29A Rates of orphan's benefit and unsupported child's benefit
  • 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).

    Section 29A: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

30 Period for which orphan's benefit payable
  • [Repealed]

    Section 30: repealed, on 1 April 1990, by section 37(2) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

31 Orphan's benefit and unsupported child's benefit to be used for benefit of child
  • 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.

    Compare: 1938 No 7 s 26(5)

    Section 31 heading: amended, on 1 October 1990, by section 12 of the Social Security Amendment Act (No 2) 1990 (1990 No 74).

    Section 31: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 31: amended, on 1 October 1990, by section 12(1) of the Social Security Amendment Act (No 2) 1990 (1990 No 74).

Family benefits

[Repealed]

  • Heading: repealed, on 1 April 1991, pursuant to section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).

32 Family benefits
  • [Repealed]

    Section 32: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).

33 Residential qualifications for family benefit
  • [Repealed]

    Section 33: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).

34 Rate of family benefits
  • [Repealed]

    Section 34: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).

35 Period for which family benefit payable
  • [Repealed]

    Section 35: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).

36 Advance payment of family benefit
  • [Repealed]

    Section 36: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).

37 Person to whom family benefit payable
  • [Repealed]

    Section 37: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).

38 Family benefit to be expended for maintenance of children
  • [Repealed]

    Section 38: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).

39 Payment of family benefit not to restrict right to maintenance, compensation, or damages
  • [Repealed]

    Section 39: repealed, on 1 April 1991, by section 7(1) of the Social Security Amendment Act 1991 (1991 No 1).

Child disability allowance

  • Heading: replaced, on 1 September 1998, by section 12(5) of the Social Security Amendment Act 1998 (1998 No 19).

39A Child disability allowance
  • (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 heading: amended, on 1 September 1998, by section 12 of the Social Security Amendment Act 1998 (1998 No 19).

    Section 39A(1): amended, on 1 September 1998, by section 12(1) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 39A(1): amended, on 1 April 1991, by section 8 of the Social Security Amendment Act 1991 (1991 No 1).

    Section 39A(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    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 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 39A(3): 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(2) of the Social Security Amendment Act 1998 (1998 No 19).

39B Rate of child disability allowance
  • 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 heading: amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 39B: amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).

39C Medical examination may be required
  • (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(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 39C(1): amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 39C(1): amended, on 1 September 1998, by section 12(4)(b) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 39C(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 39C(2): amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).

39D Child disability allowance not payable with other benefit or pension
  • 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 Accident 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 heading: amended, on 1 September 1998, by section 12(4)(a) 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: amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 39D(a): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 39D(a): amended, on 1 April 1991, by section 9 of the Social Security Amendment Act 1991 (1991 No 1).

    Section 39D(c): replaced, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

    Section 39D(c): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

39E Person to whom child disability allowance payable
  • 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: replaced, on 1 April 1991, by section 10 of the Social Security Amendment Act 1991 (1991 No 1).

    Section 39E heading: amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 39E: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 39E: amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).

Invalids' benefits

  • Heading: inserted, on 1 September 1998, by section 13 of the Social Security Amendment Act 1998 (1998 No 19).

39F Purpose of invalid's benefit
  • (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.

    Section 39F: replaced, on 1 September 1998, by section 13 of the Social Security Amendment Act 1998 (1998 No 19).

40 Invalid's benefit
  • (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 is totally blind; or

    • (b) the person is permanently and severely restricted in his or her capacity for work because of sickness, or because of injury or disability from accident or congenital defect.

    (2) A person is permanently restricted in his or her capacity for work if the chief executive is satisfied that—

    • (a) the restricting sickness, injury, or disability is expected to continue for at least the period set out in regulations made under this Act for the purposes of this section; or

    • (b) the person is not expected to live for the period set out in those regulations, because the person's sickness, injury, or disability is terminal.

    (3) A person is severely restricted in his or her capacity for work if the chief executive is satisfied that the person is incapable of regularly working 15 or more hours a week in open employment.

    (3A) Subsection (3) is subject to section 44A.

    (4) A person who is not both permanently and severely restricted in his or her capacity for work must not be granted an invalid's benefit, unless he or she is totally blind.

    (5) A person must not be granted an invalid's benefit if the chief executive is satisfied that the person's restricted capacity for work, or total blindness, was self-inflicted and brought about by the person with a view to qualifying for a benefit.

    (6) A person who is granted a benefit under this section must—

    Section 40: replaced, on 1 September 1998, by section 13 of the Social Security Amendment Act 1998 (1998 No 19).

    Section 40(1)(aa): inserted, on 2 July 2007, by section 10(2) of the Social Security Amendment Act 2007 (2007 No 20).

    Section 40(3A): inserted, on 1 July 2004, by section 5(2) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

    Section 40(6): inserted, on 24 September 2007, by section 30(4) of the Social Security Amendment Act 2007 (2007 No 20).

41 Residential qualifications for invalids' benefits
  • [Repealed]

    Section 41: repealed, on 2 July 2007, by section 10(2) of the Social Security Amendment Act 2007 (2007 No 20).

42 Rates of invalids' benefits
  • (1) Subject to the provisions of this Act, the rate of the invalid's benefit payable to any beneficiary shall be the appropriate rate specified in clause 1 of Schedule 6.

    (2) Despite Schedule 6, where a person who is married or in a civil union or in a de facto relationship (other than a person who has been means assessed under Part 4) is receiving long-term residential care in a hospital or rest home because he or she has a psychiatric, intellectual, physical, or sensory disability,—

    • (a) the rate of invalid's benefit payable to the person receiving those services is one-half of the appropriate rate specified in that schedule; and

    • (b) the rate of invalid's benefit payable to that person's spouse or partner (being a spouse or partner who is not receiving long-term residential care in a hospital or rest home) is the appropriate rate of an invalid's benefit that would be payable under this Act if he or she was entitled to that benefit in his or her own right and was single,—

    and section 83 does not apply to either rate of benefit.

    Compare: 1938 No 7 s 34; 1945 No 11 s 18; 1958 No 46 s 12; 1960 No 13 s 16(1); 1964 No 37 s 11(1)

    Section 42(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 42(2): inserted (with effect on 1 July 1995), on 17 September 1997, by section 9(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

    Section 42(2): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 42(2): amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

    Section 42(2): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 42(2)(b): amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

    Section 42(2)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

42A Obligations on spouse or partner of invalid's beneficiary
  • (1) This section applies to the spouse or partner of a person granted an invalid's benefit at a work-test married rate.

    (2) A person to whom this section applies—

    • (b) if he or she is a work-tested spouse or partner, must comply with the work test.

    Section 42A: inserted, on 1 February 1999, by section 64 of the Social Security Amendment Act 1998 (1998 No 19).

    Section 42A heading: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 42A(1): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 42A(2): replaced, on 24 September 2007, by section 26 of the Social Security Amendment Act 2007 (2007 No 20).

43 Subsidy on earnings of blind beneficiaries
  • In addition to the benefit computed as provided in section 42, there shall be payable to every person who for the time being is in receipt of an invalid's benefit in respect of his total blindness and who is employed in any occupation an additional allowance equal to 25% of his average earnings for the year:

    provided that an allowance shall not be granted under this section of such an amount that the total amount from all sources, including any benefit and the value of any benefits in kind, received by the beneficiary for his own use in any year shall exceed the appropriate amount specified in clause 2 of Schedule 6.

    Compare: 1938 No 7 s 35; 1964 No 37 s 12(1)

    Section 43 proviso: amended, on 1 April 1991, by section 11(1) of the Social Security Amendment Act 1991 (1991 No 1).

44 Medical examination of invalids
  • (1) The chief executive may require an applicant for an invalid's benefit, or a person in receipt of an invalid's benefit, to submit himself or herself for examination by a medical practitioner or a psychologist. The medical practitioner or psychologist must be agreed for the purpose between the applicant or beneficiary and the chief executive, or, failing agreement, must be nominated by the chief executive.

    (2) The medical practitioner or psychologist must certify whether, in his or her opinion, the applicant or beneficiary is, or is not, or whether there is doubt about whether he or she is or is not, permanently and severely restricted in his or her capacity for work, or totally blind.

    (3) A certificate given under this section must state the grounds upon which the opinion is founded.

    (4) A certificate given under this section must, in the case of doubt referred to in subsection (2), and may, in any other case, indicate a date for review of the permanency, severity, or both, of the applicant's or beneficiary's sickness, injury, or disability.

    Section 44: replaced, on 1 September 1998, by section 14 of the Social Security Amendment Act 1998 (1998 No 19).

44A Beneficiary receiving invalid's benefit may establish whether open employment is sustainable
  • (1) The purpose of this section is to encourage persons who are receiving an invalid's benefit to undertake open employment in order to establish whether they can sustain that employment and cease receiving that benefit.

    (2) This section applies to a person who—

    • (a) is receiving an invalid's benefit granted on the ground of permanent and severe restriction of capacity for work; and

    • (b) with the agreement of the chief executive, is undertaking open employment for a period agreed with the chief executive to establish whether he or she can sustain such employment.

    (3) The period of open employment agreed with the chief executive under subsection (2)(b) must not exceed 26 weeks but the anticipated duration of that employment may be for a longer period than the agreed period.

    (4) A person to whom subsection (2) applies does not lose his or her entitlement to an invalid's benefit by reason only of working 15 or more hours a week in open employment during the agreed period.

    Section 44A: inserted, on 1 July 2004, by section 5(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

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

    Section 45: repealed, on 24 September 2007, by section 30(4) of the Social Security Amendment Act 2007 (2007 No 20).

46 Refusal to undertake vocational training
  • [Repealed]

    Section 46: repealed, on 1 September 1998, by section 14 of the Social Security Amendment Act 1998 (1998 No 19).

Work capacity assessment

[Repealed]

  • Heading: repealed, on 8 March 2001, by section 4(1) of the Social Security Amendment Act 2001 (2001 No 1).

47 Procedure for assessment of capacity for work
  • [Repealed]

    Section 47: repealed, on 8 March 2001, by section 4(1) of the Social Security Amendment Act 2001 (2001 No 1).

48 Assessment of capacity for work
  • [Repealed]

    Section 48: repealed, on 8 March 2001, by section 4(1) of the Social Security Amendment Act 2001 (2001 No 1).

49 Content of assessment
  • [Repealed]

    Section 49: repealed, on 8 March 2001, by section 4(1) of the Social Security Amendment Act 2001 (2001 No 1).

50 Effect of assessment
  • [Repealed]

    Section 50: repealed, on 8 March 2001, by section 4(1) of the Social Security Amendment Act 2001 (2001 No 1).

51 Reassessment
  • [Repealed]

    Section 51: repealed, on 8 March 2001, by section 4(1) of the Social Security Amendment Act 2001 (2001 No 1).

52 Funeral grant on death of miner
  • [Repealed]

    Section 52: repealed, on 30 June 1993, by section 5(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

53 Miners' widows' benefits
  • [Repealed]

    Section 53: repealed, on 30 June 1993, by section 5(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

Appeals

  • Heading: inserted, on 1 October 1986, by section 13 of the Social Security Amendment Act 1986 (1986 No 39).

53A Right of appeal on medical grounds
  • (1) If—

    • (a) any claim for a child disability allowance is declined on the grounds that the child is not a child with a serious disability within the meaning of subsections (1) and (2) of section 39A, or if any such allowance is cancelled on those grounds; or

    • (b) any claim for an invalid's benefit is declined on medical grounds or any such benefit is cancelled on medical grounds; or

    • (ba) any claim for a sickness benefit is declined on medical grounds or on grounds relating to a person's capacity for work, or a person's sickness benefit is cancelled on medical grounds or on grounds relating to the person's capacity for work; or

    • (bab) under section 54DA(1), the chief executive requires a sickness beneficiary to comply with the work test; or

    • (bac) under section 54DA(3), the chief executive confirms a requirement under section 54DA(1) (that a sickness beneficiary complies with the work test); or

    • (bb) [Repealed]

    • (c) [Repealed]

    • (d) [Repealed]

    • (da) under section 60Q(7), the chief executive refuses to exempt a person receiving an invalid's benefit from the application of section 60Q; or

    • (e) any claim for a veteran's pension under section 70 of the War Pensions Act 1954, on the grounds of the applicant's mental or physical infirmity, is declined, or any such pension is cancelled on those grounds—

    the applicant or beneficiary shall, at any time within 3 months after the decision of the chief executive has been communicated to that person or (if the Board considers there is good reason for the delay) within such further period as the Board may allow on application made either before or after the expiration of that period of 3 months, have a right of appeal to a Board.

    (1A) The Board referred to in subsection (1) is to comprise 3 members to be appointed by the chief executive for the particular purpose, being medical practitioners, rehabilitation professionals, or other persons having appropriate expertise in the fields of vocational training or vocational support for persons with sickness, injury, or disability.

    (2) On any appeal heard pursuant to subsection (1), the chief executive shall be bound by the decision of the Appeal Board.

    (3) In this section, rehabilitation professional means—

    • (a) a person professionally engaged in the rehabilitation of persons from sickness or accident or with disabilities; and

    • (b) a nurse; and

    • (c) an occupational therapist; and

    • (d) a physiotherapist; and

    • (e) a psychologist.

    Section 53A: inserted, on 1 October 1986, by section 13 of the Social Security Amendment Act 1986 (1986 No 39).

    Section 53A heading: amended, on 1 July 1993, by section 6 of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

    Section 53A(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 53A(1): amended, on 1 September 1998, by section 16(2) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 53A(1): amended, on 17 September 1997, by section 10(1)(d) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

    Section 53A(1)(a): amended, on 1 September 1998, by section 12(4)(a) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 53A(1)(a): amended, on 1 September 1998, by section 12(4)(b) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 53A(1)(ba): replaced, on 1 October 1998, by section 23 of the Social Security Amendment Act 1998 (1998 No 19).

    Section 53A(1)(ba): amended, on 1 July 2001, by section 15(1)(b) of the Social Security Amendment Act 2001 (2001 No 1).

    Section 53A(1)(ba): amended, on 1 July 2001, by section 15(2) of the Social Security Amendment Act 2001 (2001 No 1).

    Section 53A(1)(bab): inserted, on 2 May 2011, by section 8(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

    Section 53A(1)(bac): inserted, on 2 May 2011, by section 8(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

    Section 53A(1)(bb): repealed, on 8 March 2001, by section 4(2) of the Social Security Amendment Act 2001 (2001 No 1).

    Section 53A(1)(c): repealed, on 30 June 1993, by section 5(3)(b) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

    Section 53A(1)(d): repealed, on 17 November 2000, by section 7(2) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

    Section 53A(1)(da): inserted, on 24 September 2007, by section 30(4) of the Social Security Amendment Act 2007 (2007 No 20).

    Section 53A(1)(e): inserted, on 17 September 1997, by section 10(1)(c) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

    Section 53A(1)(e): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 53A(1A): inserted, on 1 September 1998, by section 16(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 53A(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 53A(3): replaced, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Sickness benefits

54 Sickness benefit: standard eligibility requirements
  • (1) A person is entitled to a sickness benefit if he or she satisfies the criteria in subsections (2), (3), and (4), and—

    • (a) is not in full-time employment, is willing to undertake it, but because of sickness, injury, or disability is limited in his or her capacity to seek, undertake, or be available for full-time employment; or

    • (b) is in employment, but is losing earnings because, through sickness or injury, he or she is not actually working, or is working only at a reduced level.

    (2) An applicant for a sickness benefit—

    • (a) must be aged at least 18 years, in the case of an applicant without a dependent child:

    • (b) must be aged at least 19 years, in any other case.

    (3) An applicant for a sickness benefit must meet the residential requirements in section 74AA.

    (4) An applicant for a sickness benefit must have—

    • (a) no income; or

    • (b) an income of less than the amount that would fully abate the benefit.

    (5) Nothing in subsection (4) affects the entitlement of a person to receive a sickness benefit if, during a temporary period, the person has income sufficient to fully abate the benefit but otherwise fulfils the conditions of entitlement to the benefit.

    (6) For the purposes of subsection (1)(b), any payment made by a person to any other person who acts as his or her substitute during a period of sickness or injury may be treated as a loss of earnings by the first-mentioned person.

    (7) A person who is granted a benefit under this section (other than a person required to comply with the work test under section 54DA(1)) must—

    Section 54: replaced, on 1 July 2001, by section 14 of the Social Security Amendment Act 2001 (2001 No 1).

    Section 54(2): replaced, on 20 August 2012, by section 11 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 54(3): replaced, on 2 July 2007, by section 10(2) of the Social Security Amendment Act 2007 (2007 No 20).

    Section 54(7): inserted, on 24 September 2007, by section 30(4) of the Social Security Amendment Act 2007 (2007 No 20).

    Section 54(7): amended, on 2 May 2011, by section 8(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

54A Sickness benefit: grounds of hardship
  • (1) The chief executive may grant a sickness benefit under section 54 to a person who meets the criteria in subsections (1) and (2) of that section, but who does not meet the other criteria set out in that section, if—

    • (a) the person is suffering hardship; and

    • (b) the person is not qualified to receive any other benefit; and

    • (c) the person is unable to earn sufficient income to support the person and his or her spouse or partner and any dependent children.

    (2) [Repealed]

    Section 54A: replaced, on 1 July 2001, by section 14 of the Social Security Amendment Act 2001 (2001 No 1).

    Section 54A(1)(c): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 54A(2): repealed, on 20 August 2012, by section 12 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

54B Sickness benefit: medical examinations
  • (1) A person who applies for a sickness benefit must include in the application a certificate by—

    • (a) a medical practitioner; or

    • (b) a dentist (in respect of a condition that is within the ambit of his or her profession); or

    • (c) a midwife (in respect of a pregnancy, childbirth, or any related condition that is within the ambit of his or her profession); or

    • (d) a health practitioner of a kind specified in regulations made under section 132 (in respect of a condition within the ambit of his or her scope of practice).

    (2) The certificate under subsection (1) must—

    • (a) certify that the applicant's capacity for work is affected by sickness, injury, or disability; and

    • (b) indicate the nature of the sickness, injury, or disability, the extent to which the applicant's capacity for work is affected by it, and the length of time that effect is likely to last; and

    • (c) contain such other particulars as the chief executive may require.

    (3) The chief executive may at any time require an applicant for a sickness benefit or a sickness beneficiary to submit himself or herself for examination by a medical practitioner or psychologist. The medical practitioner or psychologist must be agreed for the purpose between the applicant or beneficiary and the chief executive or, failing agreement, must be nominated by the chief executive.

    (4) A medical practitioner or psychologist who conducts an examination under subsection (3) must prepare a report that states whether the applicant's or beneficiary's capacity for work is affected by sickness, injury, or disability, and how long that effect is likely to continue; and must send a copy of the report to the chief executive.

    Section 54B: inserted, on 1 July 2001, by section 14 of the Social Security Amendment Act 2001 (2001 No 1).

    Section 54B(1)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Section 54B(1)(c): amended, on 27 September 2010, by section 6 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

    Section 54B(1)(c): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Section 54B(1)(d): inserted, on 27 September 2010, by section 6 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

54C Sickness benefit: payment
  • [Repealed]

    Section 54C: repealed, on 2 July 2007, by section 13(2) of the Social Security Amendment Act 2007 (2007 No 20).

54D Rates of sickness benefit
  • (1) A sickness benefit must be paid to a sickness beneficiary at the appropriate rate in Schedule 9.

    (2) [Repealed]

    (3) If no payment is made under this section in respect of the spouse or partner of a sickness beneficiary, the chief executive may increase the rate of sickness benefit payable to the beneficiary by an amount not exceeding the amount specified in clause 2 of Schedule 9 in respect of any person who for the time being has the care of the home of the beneficiary.

    (4) An applicant is entitled to be paid the rate in clause 5 of Schedule 9 during any period when the applicant's spouse or partner is ineligible for a benefit because of—

    • (a) the application of section 60H (which relates to voluntary unemployment or loss of employment through misconduct, etc); or

    • (b) a strike, either by himself or herself, or by fellow members of the same union at the same place of employment.

    Section 54D: inserted, on 1 July 2001, by section 14 of the Social Security Amendment Act 2001 (2001 No 1).

    Section 54D(1): amended, on 27 September 2010, by section 7(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

    Section 54D(2): repealed, on 27 September 2010, by section 7(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

    Section 54D(3): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 54D(4): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

54DA Sickness beneficiary may be required to comply with work test
  • (1) The chief executive may, by notice in writing, require a person who is granted a sickness benefit under section 54 to comply with the work test from a date specified in the notice if the chief executive, having regard to the certificate and any report obtained under section 54B, is satisfied that the person has, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work.

    (2) The date specified in a notice under subsection (1),—

    • (a) in the case of a new grant of the benefit, may be the date on which the benefit is first paid; but

    • (b) in any case, must not be a date before the date on which the chief executive reasonably considers the person will receive the notice.

    (3) The chief executive may at any time, whether on the application of the person or otherwise, review a requirement under subsection (1) and may confirm or revoke it.

    Section 54DA: inserted, on 2 May 2011, by section 8(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

54E Obligations of spouse or partner of sickness beneficiary
  • From the time that payment of the sickness benefit commences, the spouse or partner of a person granted a sickness benefit at a work-test married rate—

    • (a) must comply with—

    • (b) if he or she is a work-tested spouse or partner, must comply with the work test.

    Section 54E: replaced, on 24 September 2007, by section 27 of the Social Security Amendment Act 2007 (2007 No 20).

54F Transfer from community wage to sickness benefit on 1 July 2001
  • (1) This section applies to a person who, immediately before 1 July 2001, was—

    • (a) in receipt of a community wage on the ground of the person's sickness, injury, or disability; and

    • (b) either—

      • (i) was fulfilling the conditions of entitlement to the community wage on that ground; or

      • (ii) was eligible to be granted a community wage on that ground under former section 90.

    (2) On 1 July 2001, in relation to a person to whom this section applies,—

    • (a) the community wage becomes a sickness benefit as if it were granted under section 54; and

    • (b) the person ceases to be subject to the work test; and

    • (c) any sanctions to which the person was subject under any of former sections 115, 116, or 118 cease to apply.

    (3) For the avoidance of doubt, the operation of subsection (2) does not affect—

    • (a) the rate of benefit paid to the person and his or her spouse (if any); and

    • (b) in relation to the person's spouse, any of the following:

      • (ii) any exemption from the work test under section 105:

    (4) In this section, former section means a section of this Act as it was before 1 July 2001.

    Section 54F: inserted, on 1 July 2001, by section 14 of the Social Security Amendment Act 2001 (2001 No 1).

55 Rates of sickness benefits
  • [Repealed]

    Section 55: repealed, on 1 October 1998, by section 24(1) of the Social Security Amendment Act 1998 (1998 No 19).

56 Medical examination of applicants for sickness benefits
  • [Repealed]

    Section 56: repealed, on 1 October 1998, by section 24(1) of the Social Security Amendment Act 1998 (1998 No 19).

57 Period for which sickness benefit payable
  • [Repealed]

    Section 57: repealed, on 1 March 1991, by section 12(1) of the Social Security Amendment Act 1991 (1991 No 1).

Unemployment benefits

[Repealed]

  • Heading: repealed, on 1 October 1998, pursuant to section 25(1) of the Social Security Amendment Act 1998 (1998 No 19).

58 Unemployment benefits
  • [Repealed]

    Section 58: repealed, on 1 October 1998, by section 25(1) of the Social Security Amendment Act 1998 (1998 No 19).

59 Rates of unemployment benefits
  • [Repealed]

    Section 59: repealed, on 1 October 1998, by section 25(1) of the Social Security Amendment Act 1998 (1998 No 19).

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

    Section 59A: repealed, on 1 October 1998, by section 25(1) of the Social Security Amendment Act 1998 (1998 No 19).

Young job seekers' allowances

[Repealed]

  • Heading: repealed, on 1 October 1998, pursuant to section 25(1) of the Social Security Amendment Act 1998 (1998 No 19).

59B Young job seekers' allowances
  • [Repealed]

    Section 59B: repealed, on 1 October 1998, by section 25(1) of the Social Security Amendment Act 1998 (1998 No 19).

59C Rates of young job seekers' allowances
  • [Repealed]

    Section 59C: repealed, on 1 October 1998, by section 25(1) of the Social Security Amendment Act 1998 (1998 No 19).

59D Spouse of young job seeker's allowance recipient
  • [Repealed]

    Section 59D: repealed, on 1 October 1998, by section 25(1) of the Social Security Amendment Act 1998 (1998 No 19).

59E Period for which young job seeker's allowance payable
  • [Repealed]

    Section 59E: repealed, on 1 October 1998, by section 25(1) of the Social Security Amendment Act 1998 (1998 No 19).

60 Commencement of unemployment benefit, etc
  • [Repealed]

    Section 60: repealed, on 1 April 1997, by section 12(1) of the Social Security Amendment Act 1996 (1996 No 20).

Training benefits

[Repealed]

  • Heading: repealed, on 20 August 2012, pursuant to section 13 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

60A Training benefits: purpose
  • [Repealed]

    Section 60A: repealed, on 1 October 1998, by section 25(1) of the Social Security Amendment Act 1998 (1998 No 19).

60AA Training benefits: qualifications
  • [Repealed]

    Section 60AA: repealed, on 1 October 1998, by section 25(1) of the Social Security Amendment Act 1998 (1998 No 19).

60B Rates of training benefits
  • [Repealed]

    Section 60B: repealed, on 1 October 1998, by section 25(1) of the Social Security Amendment Act 1998 (1998 No 19).

60C Period for which training benefit payable
  • [Repealed]

    Section 60C: repealed, on 1 October 1998, by section 25(1) of the Social Security Amendment Act 1998 (1998 No 19).

60D Job search allowance
  • [Repealed]

    Section 60D: repealed, on 1 January 1998, by section 7(1) of the Social Security Amendment Act (No 3) 1997 (1997 No 23).

60E Rates of job search allowance
  • [Repealed]

    Section 60E: repealed, on 1 January 1998, by section 7(1) of the Social Security Amendment Act (No 3) 1997 (1997 No 23).

60F Independent youth benefits: basic qualifications
  • [Repealed]

    Section 60F: repealed, on 20 August 2012, by section 13 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

60FA Independent youth benefits: single persons
  • [Repealed]

    Section 60FA: repealed, on 20 August 2012, by section 13 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

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

    Section 60FB: repealed, on 20 August 2012, by section 13 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

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

    Section 60FC: repealed, on 20 August 2012, by section 13 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

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

    Section 60FD: repealed, on 20 August 2012, by section 13 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

60G Rates of independent youth benefit
  • [Repealed]

    Section 60G: repealed, on 20 August 2012, by section 13 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

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

    Section 60GAA: repealed, on 2 July 2007, by section 13(2) of the Social Security Amendment Act 2007 (2007 No 20).

60GAB Independent youth benefits: obligations
  • [Repealed]

    Section 60GAB: repealed, on 20 August 2012, by section 13 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

60GAC Department to explain obligations to beneficiaries
  • [Repealed]

    Section 60GAC: repealed, on 20 August 2012, by section 13 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

Further conditions of benefits

  • Heading: inserted, on 1 April 1997, by section 16 of the Social Security Amendment Act 1996 (1996 No 20).

60GAD Purpose of sections 60GAE and 60GAF
  • The purpose of sections 60GAE and 60GAF is to improve the financial and social outcomes for families that include people to whom those sections apply by providing earlier access to employment services and expectations, while recognising the care and development needs of children.

    Section 60GAD: inserted, on 15 October 2012, by section 39 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

60GAE Beneficiaries having additional dependent child: general
  • (1) This section applies to a person (the beneficiary parent) who (whether or not by having given birth) becomes a caregiver, or the principal caregiver, of a dependent child (an additional dependent child) while the person—

    • (a) is receiving a domestic purposes benefit, an invalid's benefit, a sickness benefit, an unemployment benefit, a widow's benefit, or an emergency benefit (whether in his or her own right, or as the spouse or partner of the person granted the benefit); and

    • (b) is already a caregiver, or the principal caregiver, of a dependent child or children.

    (2) An additional dependent child aged 1 or over must not be included in the determination for the purposes of the definitions of part-time work-tested beneficiary, work-tested domestic purposes beneficiary, work-tested spouse or partner, and work-tested widow’s beneficiary in section 3(1) and section 60Q(1) of—

    • (a) the age of the youngest dependent child of the beneficiary parent concerned; and

    • (b) whether the beneficiary parent concerned has a dependent child or children under 5 or 14 (and if so, how many).

    (3) Subsection (2) may apply to 2 or more additional dependent children of the same beneficiary parent.

    (4) The chief executive may apply this section in relation to any dependent child or children of whom a person who already has any dependent child or children becomes a caregiver, or the principal caregiver, if satisfied that—

    • (a) the person's situation is analogous to that of a person to whom subsection (1) applies; or

    • (b) to do so would best achieve the purpose stated in section 60GAD.

    (5) An example of a situation that is analogous to that of a person to whom section 60GAE(1) applies is that of a woman who gives birth during a period when she has temporarily ceased receiving a benefit (whether in her own right, or as the spouse or partner of the person granted the benefit).

    (6) Subsection (5) does not limit the generality of subsection (4).

    Section 60GAE: inserted, on 15 October 2012, by section 39 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

60GAF Chief executive may refrain from applying section 60GAE
  • The chief executive may refrain (for any period he or she thinks fit) from applying section 60GAE in relation to any additional dependent child or children (within the meaning of that section) if satisfied in any particular case that—

    • (a) to do so would best achieve the purpose stated in section 60GAD; or

    • (b) there are circumstances beyond the control of the beneficiary parent concerned making it inappropriate or unreasonable to apply that section.

    Section 60GAF: inserted, on 15 October 2012, by section 39 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

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

    Section 60GA: repealed, on 1 October 1998, by section 8(1) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

60H Voluntary unemployment or loss of employment through misconduct, etc
  • (1) In this section, unless the context otherwise requires,—

    benefit means a work-tested benefit

    employment means,—

    • (a) in the case of an applicant for a work-tested benefit,—

      • (i) full-time employment; or

      • (ii) part-time employment if the chief executive is satisfied that, for a period of not less than 13 weeks preceding the termination of the employment, the income from that employment was sufficient to maintain the person; or

    • (b) in the case of a part-time work-tested beneficiary, regular part-time work; and

    • (c) in the case of any other work-tested beneficiary, full-time employment

    scheme means a Government-assisted scheme that the chief executive considers analogous to a benefit

    unemployed means resigning from or otherwise leaving employment, other than by dismissal.

    (2) This section applies to a person who is—

    • (a) a person who is an applicant for a benefit if, on the grant of the benefit, he or she would be a work-tested beneficiary; or

    • (ab) a person who is an applicant for a sickness benefit if the chief executive would be able to require him or her to comply with the work test under section 54DA(1) from the date on which the benefit is first paid; or

    • (b) a person who is the spouse or partner of an applicant for a married rate of benefit, if, on the grant of the benefit, he or she would be a work-tested spouse or partner; or

    • (c) a work-tested beneficiary.

    (3) This section applies if the chief executive is satisfied that a person referred to in subsection (2)—

    • (a) has voluntarily become unemployed without good and sufficient reason; or

    • (b) has been in receipt of payments under a scheme and has voluntarily ceased to be part of that scheme without good and sufficient reason; or

    • (c) has lost his or her employment because of misconduct as an employee; or

    • (d) has ceased to be part of a scheme by reason of any misconduct.

    (4) If this section applies, the chief executive must cancel the benefit (if granted), and the person is not entitled to the cancelled benefit or a work-tested benefit during the period of 13 weeks commencing on—

    • (a) the date the person's employment ceased; or

    • (b) the date the person's participation in the scheme ceased.

    (5) Subsection (4) is subject to subsection (6) and to sections 120, 121, 123, 123A, and 123B.

    (6) If this section applies because of misconduct—

    • (a) the chief executive may, in his or her discretion, decide not to apply subsection (4) to the person; or

    • (b) the chief executive may pay the benefit, or the benefit without the reduction, on the condition that the person will repay the amount to which he or she would not be entitled but for this paragraph, if—

      • (i) a court, person, or body authorised by law to determine the matter determines the misconduct to be proved; and

      • (ii) the chief executive, in his or her discretion, so directs.

    (7) Any amount that the chief executive directs to be repayable under subsection (6)(b) may be recovered from the person under section 86(1).

    Section 60H: replaced, on 1 April 1997, by section 17 of the Social Security Amendment Act 1996 (1996 No 20).

    Section 60H(1) employment: replaced, on 1 October 1998, by section 29(1)(a) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 60H(1) employment paragraph (c): replaced, on 1 July 2001, by section 15(6) of the Social Security Amendment Act 2001 (2001 No 1).

    Section 60H(1) rate of the benefit: repealed, on 1 October 1998, by section 4(1) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

    Section 60H(1) regular: repealed, on 1 October 1998, by section 29(1)(b) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 60H(1) scheme: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 60H(2): replaced, on 1 October 1998, by section 29(2) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 60H(2)(ab): inserted, on 2 May 2011, by section 8(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

    Section 60H(2)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 60H(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 60H(4): replaced, on 1 October 1998, by section 4(2) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

    Section 60H(5): replaced, on 1 October 1998, by section 4(2) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

    Section 60H(5): 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 60H(6)(a): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 60H(6)(b): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 60H(6)(b)(ii): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 60H(7): amended, on 26 September 2002, by section 10 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

    Section 60H(7): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

60HA Work preparation exercise
  • (1) The chief executive may request a person to whom this section applies—

    • (a) to participate in 1 mandatory interview each year until the person is required to comply with the work test; and

    • (b) to participate in 1 activity under subsection (2)(b), but only in the year before the date that the person's youngest dependent child attains the particular age giving rise to an obligation on that person to comply with the work test.

    (2) A work preparation exercise is either or both of the following:

    • (a) a mandatory interview by or on behalf of the chief executive:

    • (b) an activity, set by the chief executive, for the purpose of preparing a person for employment.

    (3) This section applies to a beneficiary who is required under this Act to comply with a request under this section.

    (4) The chief executive may not make a request under subsection (1)(b) to a person who is granted a domestic purposes benefit under section 27G.

    (5) If a person fails without good and sufficient reason to comply with a request under this section, the chief executive must apply the appropriate penalty under this Act for a failure to comply with a request under this section.

    Section 60HA: replaced, on 1 February 1999, by section 65(1) of the Social Security Amendment Act 1998 (1998 No 19).

60HB Effect of failure to attend or participate in mandatory interview
  • [Repealed]

    Section 60HB: repealed, on 1 October 1998, by section 8(1) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

60HC Beneficiaries to be work-tested
  • [Repealed]

    Section 60HC: repealed, on 1 October 1998, by section 8(1) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

60HCA General duty of Director-General to ensure that work-tested beneficiaries aware of obligations
  • [Repealed]

    Section 60HCA: repealed, on 1 October 1998, by section 33(1) of the Social Security Amendment Act 1998 (1998 No 19).

60HD Power of Director-General to grant exemption from mandatory interview or work test
  • [Repealed]

    Section 60HD: repealed, on 1 October 1998, by section 8(1) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

60HE Persons exempted from mandatory interview or work test to notify change of circumstances
  • [Repealed]

    Section 60HE: repealed, on 1 October 1998, by section 8(1) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

60HF Delay of work test obligation for existing beneficiaries
  • [Repealed]

    Section 60HF: repealed, on 1 October 1998, by section 8(1) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

60I Effect of redundancy payments, etc, on entitlement to benefits
  • [Repealed]

    Section 60I: repealed, on 1 April 1997, by section 19 of the Social Security Amendment Act 1996 (1996 No 20).

60J Failure to comply with work test
  • [Repealed]

    Section 60J: repealed, on 1 October 1998, by section 8(1) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

60JA Penalty for failure to attend or participate in mandatory interview or comply with work test
  • [Repealed]

    Section 60JA: repealed, on 1 October 1998, by section 8(1) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

60JB Effect of recompliance with mandatory interview or work test
  • [Repealed]

    Section 60JB: repealed, on 1 October 1998, by section 8(1) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

60JC Reduction of benefit or non-entitlement period to end if person ceases to be subject to mandatory interview or work-testing
  • [Repealed]

    Section 60JC: repealed, on 1 October 1998, by section 8(1) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

60K Effect of undertaking employment
  • [Repealed]

    Section 60K: repealed, on 1 October 1998, by section 8(1) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

60KA Effect of participation in approved activities
  • [Repealed]

    Section 60KA: repealed, on 1 October 1998, by section 8(1) of the Social Security (Work Test) Amendment Act 1998 (1998 No 94).

60L Effect of sections 60H to 60J and section 60N on entitlement to supplementary benefits and on spouses
  • [Repealed]

    Section 60L: repealed, on 1 October 1998, by section 39 of the Social Security Amendment Act 1998 (1998 No 19).

60M Community task force scheme
  • [Repealed]

    Section 60M: repealed, on 1 October 1998, by section 40(1) of the Social Security Amendment Act 1998 (1998 No 19).

60N Effect of failure to participate in community task force project
  • [Repealed]

    Section 60N: repealed, on 1 April 1997, by section 28 of the Social Security Amendment Act 1996 (1996 No 20).

60O Interpretation
  • [Repealed]

    Section 60O: repealed, on 15 October 2012, by section 40 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

60P Purposes of section 60Q
  • The purposes of section 60Q are—

    • (a) to facilitate the movement into ongoing employment (as their parenting responsibilities and individual circumstances allow) of beneficiaries to whom that section applies; and

    • (b) to provide opportunities for them to improve their capabilities and preparation for employment; and

    • (c) to improve social and economic outcomes for them and their dependent children.

    Section 60P: replaced, on 15 October 2012, by section 40 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

60Q Certain obligations may be placed on beneficiaries and their spouses and partners
  • (1) This section applies to every person (other than a person who is a work-tested beneficiary or is for the time being exempted under section 105) who—

    • (a) is the recipient of a benefit under section 21 (the widow's benefit) and has a youngest dependent child under the age of 5 years; or

    • (b) is the recipient of a benefit under section 27B (the domestic purposes benefit for solo parents) and has a youngest dependent child under the age of 5 years; or

    • (c) is the spouse or partner of a person who—

      • (i) is the recipient of an emergency benefit, an invalid's benefit, a sickness benefit, or an unemployment benefit; and

      • (ii) has a youngest dependent child aged under 5 years.

    (2) A person to whom this section applies has a general obligation to take all steps that are reasonably practicable in his or her particular circumstances to prepare for employment and (in particular) an obligation to comply with any requirement under subsection (3).

    (3) The chief executive may, from time to time, require a person to whom this section applies—

    • (a) to undertake planning for employment:

    • (b) to participate in or undertake (as the case requires) any of the following activities specified by the chief executive that the chief executive considers suitable to improve his or her work-readiness or prospects for employment:

      • (i) a work assessment:

      • (ii) a programme or seminar to increase particular skills or enhance motivation:

      • (iii) a work-experience or work-exploration activity:

      • (iv) employment-related training:

      • (v) an education programme:

      • (vi) any other activity (including rehabilitation) other than medical treatment, voluntary work, or activity in the community.

    Section 60Q: replaced, on 15 October 2012, by section 40 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

60R Department to explain obligations to beneficiaries
  • The chief executive must take reasonable and appropriate steps to make every person who is subject to obligations under section 60Q aware of—

    • (a) those obligations; and

    • (b) the consequences of failure to comply with them and (in particular) the sanctions that may be imposed under this Act for failing to comply with them.

    Section 60R: replaced, on 15 October 2012, by section 40 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

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

    Section 60S: repealed, on 15 October 2012, by section 40 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

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

    Section 60T: repealed, on 15 October 2012, by section 40 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

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

    Section 60U: repealed, on 15 October 2012, by section 40 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

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

    Section 60V: repealed, on 15 October 2012, by section 40 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

60W Failure without good and sufficient reasons
  • [Repealed]

    Section 60W: repealed, on 15 October 2012, by section 40 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

60X Procedure for imposing sanctions
  • Section 60X: repealed, on 15 October 2012, by section 40 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

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

    Section 60Y: repealed, on 15 October 2012, by section 40 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

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

    Section 60Z: repealed, on 15 October 2012, by section 40 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

Emergency benefits

61 Chief executive may grant emergency benefit in cases of hardship
  • (1) The chief executive may, in the chief executive's discretion and subject to such conditions as the chief executive thinks fit to impose, grant an emergency benefit under this Act on account of hardship to any person who satisfies the following conditions, namely:

    • (a) that by reason of age, or of physical or mental disability, or of domestic circumstances, or for any other reason, he is unable to earn a sufficient livelihood for himself and his dependants (if any); and

    • (b) that he is not qualified to be granted any benefit:

    provided that the chief executive may at any time, in the chief executive's discretion, grant an emergency benefit instead of or in substitution for an invalid's benefit, a domestic purposes benefit, a widow's benefit, or an unemployment benefit or a sickness benefit:

    provided also that, where the chief executive is of the opinion that a person applying for or in receipt of an invalid's benefit, a domestic purposes benefit, a widow's benefit, or an unemployment benefit or a sickness benefit should undergo a course of training in any occupation, or should submit himself for examination at any medical or psychological clinic, or should receive any medical or other treatment, or should undergo any course of training for the improvement of his physical or mental capacities, or should do any work required of him, or should take more adequate steps to secure suitable employment, the chief executive may, in the chief executive's discretion, grant an emergency benefit instead of or in substitution for an invalid's benefit, a domestic purposes benefit, a widow's benefit, an independent youth benefit, or an unemployment benefit or a sickness benefit; and in any such case the grant or continuance of the emergency benefit may be made subject to the condition that he shall comply with the requirements of the chief executive in respect of any such matters.

    (1A) Where the chief executive is considering granting an emergency benefit on the grounds of hardship under subsection (1), the chief executive must first consider whether to grant a sickness benefit under section 54A or an unemployment benefit under section 90 or a youth payment under section 161 or a young parent payment under section 167.

    (1B) This subsection applies to a person if, after the commencement of this subsection and before 15 July 2013, the person is aged 65 years old or older and is receiving a benefit under this Act that is not—

    • (a) a domestic purposes benefit for care of the sick or infirm; or

    • (b) an emergency benefit; or

    • (c) an invalid’s benefit; or

    • (d) temporary additional support.

    (1C) The chief executive may cancel the benefit being received by a person to whom subsection (1B) applies and grant the person instead an emergency benefit payable at the same rate of benefit as the benefit the person was receiving.

    (1D) In exercising the power given by subsection (1C), the chief executive is not required to—

    • (a) exercise discretion; or

    • (b) determine whether the person would meet the requirements in subsection (1) for an emergency benefit.

    (2) The rate of the emergency benefit shall, in each case, be in the discretion of the chief executive, but, except in any case where the beneficiary is receiving medical or other treatment, shall not exceed the rate to which the beneficiary would be entitled if he were qualified to receive such other benefit as in the opinion of the chief executive is analogous to the emergency benefit.

    (3) Every emergency benefit shall commence on such date and shall be continued for such period and subject to such conditions as the chief executive in each case determines.

    Compare: 1938 No 7 s 58; 1948 No 78 s 21

    Section 61 heading: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 61(1): amended, on 1 July 2001, by section 15(3)(a) of the Social Security Amendment Act 2001 (2001 No 1).

    Section 61(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 61(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 61(1): amended, on 23 June 1987, by section 2(3)(d) of the Social Security Amendment Act 1987 (1987 No 106).

    Section 61(1): amended, on 6 September 1971, by section 2(1) of the Social Security Amendment Act 1971 (1971 No 8).

    Section 61(1)(b): amended, on 1 March 1991, by section 17(a) of the Social Security Amendment Act 1991 (1991 No 1).

    Section 61(1) first proviso: amended, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 61(1) first proviso: amended, on 1 July 2001, by section 15(3)(a) of the Social Security Amendment Act 2001 (2001 No 1).

    Section 61(1) first proviso: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 61(1) first proviso: amended, on 1 October 1998, by section 41(1) of the Social Security Amendment Act 1998 (1998 No 19)

    Section 61(1) first proviso: amended, on 23 June 1987, by section 2(3)(d) of the Social Security Amendment Act 1987 (1987 No 106).

    Section 61(1) second proviso: amended, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 61(1) second proviso: amended, on 1 July 2001, by section 15(3)(a) of the Social Security Amendment Act 2001 (2001 No 1).

    Section 61(1) second proviso: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 61(1) second proviso: amended, on 1 October 1998, by section 41(1) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 61(1) second proviso: amended, on 23 June 1987, by section 2(3)(d) of the Social Security Amendment Act 1987 (1987 No 106).

    Section 61(1A): inserted, on 1 October 1998, by section 41(2) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 61(1A): amended, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 61(1A): amended, on 1 July 2001, by section 15(7) of the Social Security Amendment Act 2001 (2001 No 1).

    Section 61(1B): inserted, on 17 April 2013, by section 27(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

    Section 61(1C): inserted, on 17 April 2013, by section 27(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

    Section 61(1D): inserted, on 17 April 2013, by section 27(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

    Section 61(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 61(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 61(3): amended, on 6 September 1971, by section 2(2) of the Social Security Amendment Act 1971 (1971 No 8).

61A Obligations of spouse or partner of person granted emergency benefit
  • (1) This section applies to—

    • (a) the spouse or partner of a person granted an emergency benefit at a work-test married rate; or

    • (b) a person (being a person who is under the age of 60) granted an emergency benefit under regulations made under section 155.

    (1A) The chief executive may, by notice in writing, require the spouse or partner of a person granted an emergency benefit at a work-test married rate to comply with the work test if the chief executive is satisfied that it is appropriate and reasonable to require that spouse or partner to seek, undertake, and be available for—

    • (a) part-time work, in the case of a spouse or partner whose youngest dependent child is aged 6 or older but under 18 years; or

    • (b) full-time employment, in any other case.

    (2) A person to whom this section applies—

    • (b) if he or she is a work-tested spouse or partner, must comply with the work test.

    Section 61A: inserted, on 1 February 1999, by section 73 of the Social Security Amendment Act 1998 (1998 No 19).

    Section 61A heading: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61A(1)(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61A(1)(b): amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

    Section 61A(1A): inserted, on 27 September 2010, by section 13 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

    Section 61A(2): replaced, on 24 September 2007, by section 34 of the Social Security Amendment Act 2007 (2007 No 20).

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

    Section 61B: repealed, on 1 October 1986, by section 14(1)(b) of the Social Security Amendment Act 1986 (1986 No 39).

61C Special powers of chief executive in respect of maintenance
  • In respect of any period in which a benefit is payable, any officer of the department, without special appointment, may, as if he or she were the beneficiary, institute or appear personally or by agent in any proceedings under the Family Proceedings Act 1980 or the Child Support Act 1991 for or relating to—

    • (a) the maintenance of the beneficiary; or

    • (b) the payment of child support for any child of that beneficiary; or

    • (c) the establishment of the paternity of any child of the beneficiary.

    Section 61C: replaced, on 1 July 1992, by section 8 of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

    Section 61C heading: amended, on 1 October 1998, pursuant to section 10(1)(a) of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

61CA Maintenance payable to Crown
  • (1) In this section,—

    beneficiary means a person who was granted the benefit in respect of which a maintenance debt was incurred

    maintenance has the same meaning as in section 2 of the Family Proceedings Act 1980

    maintenance debt means any money payable under a maintenance order that was payable to the Consolidated Revenue Account or Crown Bank Account under section 27F (as it existed immediately before its repeal by section 6(1) of the Social Security Amendment Act (No 5) 1991), and unpaid as at the close of 30 June 1992, declared to continue to be payable to the Crown Bank Account as a debt due to the Crown by section 9(2) of the Social Security Amendment Act (No 3) 1993

    maintenance order has the same meaning as it had in section 2 of the Family Proceedings Act 1980 immediately before the amendment of that definition by the Family Proceedings Amendment Act 1991.

    (2) In respect of any maintenance debt—

    • (a) the chief executive shall, for the purposes of the Family Proceedings Act 1980 or any other enactment, be deemed to be the person to whom and for whose benefit the money is payable pursuant to the maintenance order, and may take any proceedings accordingly:

    • (b) all money received under the maintenance order shall, without any further authority, be paid into the Crown Bank Account:

    • (c) either the beneficiary or the chief executive or any officer of the department, acting for and on behalf of the beneficiary, may institute and prosecute proceedings under Part 7 of the Family Proceedings Act 1980 (as preserved by section 259(1) of the Child Support Act 1991) for the enforcement of the maintenance order.

    (3) While any maintenance debt remains payable, the chief executive shall be served with all proceedings instituted under the Family Proceedings Act 1980 in relation to the maintenance order, by the delivery of a true copy of all documents filed in the proceedings to the relevant office of the department nearest to the court in which the proceedings are filed. The chief executive or any officer of the department shall, without special appointment, be entitled to appear and be heard in those proceedings.

    Section 61CA: inserted, on 30 June 1993, by section 9(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

    Section 61CA(2)(a): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 61CA(2)(c): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 61CA(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Epidemics

  • Heading: inserted, on 19 December 2006, by section 5 of the Social Security Amendment Act 2006 (2006 No 90).

61CB Payment of benefits during epidemic in New Zealand
  • (1) This subsection applies to any period comprising—

    • (a) the period when a domestic epidemic management notice is in force; and

    • (b) a period after the notice expires that the Minister thinks reasonable in the circumstances.

    (2) During a period to which subsection (1) applies, the chief executive may, with the written approval of the Minister and within any limits stated in the approval, do any or all of the following:

    • (a) cause benefits to be paid to people who would not otherwise be entitled to be paid benefits because—

      • (i) their benefits are subject to a stand down period; or

      • (ii) their benefits, or payments of their benefits, are suspended:

    • (b) reinstate the benefits of, and for any parts of the period the chief executive thinks fit make payments under them to, people whose benefits—

      • (i) were cancelled or terminated within the 8 weeks before the commencement of the domestic epidemic management notice concerned; or

      • (ii) are cancelled or terminated while the notice is in force:

    • (c) as the case requires, grant benefits to or reinstate the benefits of, and for any parts of the period the chief executive thinks fit make payments under them to, people who—

      • (i) were subject to a non-entitlement period on the commencement of the domestic epidemic management notice concerned; or

      • (ii) become subject to a non-entitlement period while the notice is in force:

    • (d) cause payments under benefits to be made to people at a rate—

      • (i) higher than a lower rate to which they would otherwise be entitled (being a lower rate resulting from 1 or more of the following:

        • (A) a reduction or variation of a rate of benefit:

        • (B) a suspension of a benefit or payments under a benefit:

        • (C) a direct deduction from payments under a benefit:

        • (D) a sanction, penalty, or non-entitlement period, imposed on a spouse or partner); but

      • (ii) not higher than the maximum rate to which they would otherwise be entitled:

    • (e) refrain from exercising a power to cancel, suspend, vary, or terminate benefits or payments under benefits, in circumstances where the holders satisfy the normal criteria for cancellation, suspension, variation, or termination of benefits or payments:

    • (f) refrain from cancelling, suspending, or terminating benefits in circumstances where this Act requires them to be cancelled, suspended, or terminated.

    (3) A benefit granted or reinstated under paragraph (b) or paragraph (c) of subsection (2) must be treated as having ended when the period concerned expires, unless its holder has or has again become entitled to be granted it.

    (4) Subsection (2) overrides every provision of this Act to the contrary.

    Section 61CB: inserted, on 19 December 2006, by section 5 of the Social Security Amendment Act 2006 (2006 No 90).

61CC Granting of emergency benefits during epidemic in New Zealand
  • (1) While a domestic epidemic management notice is in force, and for any period after it expires that the Minister thinks reasonable in the circumstances, the chief executive may, with the written approval of the Minister, cause emergency benefits to be granted to people who would not otherwise be entitled to be granted emergency benefits.

    (2) Payments made under a benefit granted under subsection (1) are provisional only; and if the chief executive believes on reasonable grounds that its granting was not appropriate (or that too much was paid under it),—

    • (a) the person granted it is liable to repay the amount paid (or what the chief executive considers to be the amount of the excess); and

    (3) Subsection (1) overrides every other provision of this Act.

    Section 61CC: inserted, on 19 December 2006, by section 5 of the Social Security Amendment Act 2006 (2006 No 90).

61CD During epidemic benefits may be granted without normal investigations
  • While a domestic epidemic management notice is in force, and for any period after it expires that the Minister thinks reasonable in the circumstances, a benefit may be granted to a person even if the claim for it has not been investigated, or has not been fully investigated, as required by section 12(1).

    Section 61CD: inserted, on 19 December 2006, by section 5 of the Social Security Amendment Act 2006 (2006 No 90).

61CE Overseas epidemics affecting visitors to New Zealand
  • (1) The Minister may, by notice in the Gazette, declare that the effects of an outbreak outside New Zealand of a stated quarantinable disease are likely to cause hardship to people temporarily in New Zealand by preventing or hindering their prompt return to stated places.

    (2) The notice comes into force on its commencement, and expires on the earliest of the following:

    • (a) the day 3 months after its commencement:

    • (b) a day stated in the notice:

    • (c) if the notice does not provide for its expiry, a day stated by the Minister by further notice in the Gazette.

    (3) Before or after the notice expires, the Minister can give a new notice in respect of the same disease.

    (4) The Minister must not give the notice except on, and after considering, the written recommendation of the chief executive of the Ministry of Health.

    (5) In subsection (1), quarantinable disease has the meaning given to it by section 2(1) of the Health Act 1956.

    Section 61CE: inserted, on 19 December 2006, by section 5 of the Social Security Amendment Act 2006 (2006 No 90).

61CF Special assistance for visitors affected by overseas epidemics
  • (1) The Minister may, in respect of any period for which an overseas epidemic management notice is in force, by notice in the Gazette establish programmes of special assistance for visitors to New Zealand prevented or hindered from returning promptly to places stated in the notice by the outbreak outside New Zealand of the disease stated in the notice.

    (2) The notice must state—

    • (a) the criteria by which it is to be determined which people are given assistance; and

    • (b) any maximum amounts of assistance to be given; and

    • (c) if different amounts of assistance may be given to different people, the criteria by which it is to be determined how much assistance people are to be given; and

    • (d) for how long assistance may be given; and

    • (e) any conditions subject which assistance is to be given.

    (3) The programme, and the matters stated in the notice establishing it, override every other provision of this Act.

    Section 61CF: inserted, on 19 December 2006, by section 5 of the Social Security Amendment Act 2006 (2006 No 90).

Lump sum payments after death

  • Heading: replaced, on 28 September 1982, by section 9(1) of the Social Security Amendment Act 1982 (1982 No 16).

61D Interpretation
  • (1) In sections 61DB, 61DC, and 61DD, unless the context otherwise requires,—

    assessable estate means the estate of a deceased person, including a deceased child; but does not include—

    • (a) any asset which the chief executive considers is impracticable to realise; or

    • (b) any administration expenses; or

    child includes a still-born child as defined in section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995

    non-assessable assets, in relation to a deceased person, a spouse or partner, or the parents or any other person who was liable in law to maintain a deceased child on the date of death, are—

    • (a) that person's estate or interest, on the date of death of the deceased, in his or her own principal place of residence, including any estate or interest in the land on which it is erected, and any other buildings or improvements on that land which are used principally for the purposes of that person's household; and

    • (b) chattels which the person owned or which were in his or her possession pursuant to a hire purchase agreement or conditional sale agreement or an agreement for lease or hire, on the date of death of the deceased, and which are—

      • (i) furniture, appliances, tools, ornaments, or other articles used principally for the purposes of the deceased's household; or

      • (ii) motor vehicles, caravans, trailers, or boats used principally for family purposes; and

    • (c) any undivided beneficial interest in common in Maori land.

    (2) In sections 61DB and 61DD, the annual income of any person shall be that person's estimated income for the 52-week period commencing on the day following the date of death of the deceased in respect of whom the application is made.

    Section 61D: replaced, on 1 August 1991, by section 16(1) of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

    Section 61D(1) assessable estate paragraph (a): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 61D(1) child: amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

    Section 61D(1) non-assessable assets: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

61DA Restrictions on payment of funeral grants
  • Funeral grants shall not be payable under section 61DB or section 61DC or section 61DD if—

    • (a) clause 64 of Schedule 1 of the Accident Compensation Act 2001 applies in respect of the deceased; or

    • (b) a payment under section 74A of the War Pensions Act 1954 is payable in respect of the deceased; or

    • (c) a payment under regulation 45 of the War Pensions Regulations 1956, or an analogous payment, is payable in respect of the deceased; or

    • (d) the deceased person, including a deceased child, was not ordinarily resident in New Zealand on the date of death.

    Section 61DA: replaced, on 1 August 1991, by section 16(1) of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

    Section 61DA(a): replaced, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

    Section 61DA(a): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

    Section 61DA(b): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

61DB Payment of funeral grants where there is a surviving spouse or partner or children
  • If a person, other than a child, dies and the deceased person is survived by—

    • (a) a spouse or partner; or

    • (b) a child or children whom he or she is liable in law to maintain; or

    • (c) any other dependent child or dependent children (whether dependent on the deceased or any other person) aged 16 years or 17 years of whom the deceased person was the parent—

    the chief executive may, in the chief executive's discretion, pay a funeral grant not exceeding $1,971.37 to meet the deceased person's reasonable funeral expenses if—

    • (d) those funeral expenses cannot be paid from the aggregate of—

      • (i) the deceased's assessable estate before the payment of any other debts; and

      • (ii) the assets of any spouse or partner who survives the deceased, other than non-assessable assets, in excess of the amount in clause 2 of Part 1 of Schedule 31; and

    • (e) the annual income of any spouse or partner who survives the deceased is less than 52 times the appropriate amount in Part 2 of Schedule 31.

    Section 61DB: replaced, on 1 August 1991, by section 16(1) of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

    Section 61DB heading: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61DB: amended, on 1 April 2013 (applying in respect of persons who die on or after that date), by clause 3(1) of the Social Security (Rates of Benefits and Allowances) Order 2013 (SR 2013/19).

    Section 61DB: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 61DB(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61DB(d)(ii): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61DB(d)(ii): amended, on 1 April 2005, by section 6(a) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

    Section 61DB(e): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61DB(e): amended, on 1 April 2005, by section 6(b) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

61DC Payment of funeral grants where there is no surviving spouse or partner or children
  • If a person, other than a child, dies and section 61DB does not apply, the chief executive may, in the chief executive's discretion, pay a funeral grant not exceeding $1,971.37 to meet the deceased person's reasonable funeral expenses if those funeral expenses cannot be paid from the deceased's assessable estate before the payment of any other debts.

    Section 61DC: replaced, on 1 August 1991, by section 16(1) of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

    Section 61DC heading: amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61DC: amended, on 1 April 2013 (applying in respect of persons who die on or after that date), by clause 3(1) of the Social Security (Rates of Benefits and Allowances) Order 2013 (SR 2013/19).

    Section 61DC: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

61DD Children's funeral grants
  • If a child dies the chief executive may, in the chief executive's discretion, pay a funeral grant not exceeding $1,971.37 to meet the deceased child's reasonable funeral expenses if—

    • (a) those funeral expenses cannot be paid from the aggregate of—

      • (i) the deceased child's assessable estate before the payment of any other debts; and

      • (ii) the combined assets of the parents, or any other person or persons, who were liable in law to maintain the deceased child on the date of death, other than non-assessable assets, in excess of the amount in clause 2 of Part 1 of Schedule 31; and

    • (b) the combined annual income of the parents, or any other person or persons, who were liable in law to maintain the deceased child on the date of death is less than 52 times the appropriate amount in Part 2 of Schedule 31.

    Section 61DD: replaced, on 1 August 1991, by section 16(1) of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

    Section 61DD: amended, on 1 April 2013 (applying in respect of persons who die on or after that date), by clause 3(1) of the Social Security (Rates of Benefits and Allowances) Order 2013 (SR 2013/19).

    Section 61DD: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 61DD(a)(ii): amended, on 1 April 2005, by section 7(a) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

    Section 61DD(b): amended, on 1 April 2005, by section 7(b) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

61DE Method of making payments
  • (1) Any payment under section 61DB or section 61DC or section 61DD shall be made, in the chief executive's discretion,—

    • (a) to the spouse or partner or any child of the deceased; or

    • (b) to the estate of the deceased; or

    • (c) to any person who has paid the deceased's funeral expenses; or

    • (d) to the appropriate funeral director; or

    • (e) in the case of a deceased child, to the parent or any other person or persons who were liable in law to maintain that child immediately before the date of death.

    (2) If the quantum of the assets of a deceased person's estate, or the income derived or to be derived by any person whose income is to be tested under section 61DB or section 61DD, has not been finally determined, and there is a doubt as to whether any funeral grant is payable under section 61DB or section 61DC or section 61DD, the chief executive, in the chief executive's discretion, may advance any amount payable under those sections on the condition that the whole or any part of it will be repaid if it is subsequently established that there was no entitlement to all or any part of that payment.

    Section 61DE: replaced, on 1 August 1991, by section 16(1) of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

    Section 61DE(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 61DE(1)(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61DE(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

61DF Method of making payments
  • [Repealed]

    Section 61DF: repealed, on 1 August 1991, by section 16(1) of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

61DG Applications for lump sum payments after death
  • [Repealed]

    Section 61DG: repealed, on 12 December 1985, by section 12 of the Social Security Amendment Act (No 2) 1985 (1985 No 159).

Accommodation supplement

  • Heading: inserted, on 1 July 1993, by section 10(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

61DH Purpose of accommodation supplement
  • The purpose of sections 61E to 61EC and Schedule 18 is to provide targeted financial assistance to help certain people with high accommodation costs to meet those costs.

    Section 61DH: inserted, on 4 June 2004, by section 8 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

61E Interpretation
  • (1) In this section and sections 61EA, 61EB, and 61EC, and in Schedule 18, unless the context otherwise requires,—

    accommodation costs, in relation to any person for any given period, means,—

    • (a) in relation to premises rented by the person, the amount payable by the person for rent of the premises, excluding any service costs included in that rent and any arrears:

    • (aa) [Repealed]

    • (b) in relation to premises that are owned by the person, the total amount of all payments (including essential repairs and maintenance, local authority rates, and house insurance premiums, but excluding any service costs and any arrears) that—

      • (i) subject to section 68A, are required to be made under any mortgage security for money advanced under that security to acquire the premises, or to repay advances similarly secured; or

      • (ii) the chief executive is satisfied are reasonably required to be made:

    • (c) in relation to a person who is a boarder or lodger in any premises, 62% of the amount paid for board or lodging (excluding any arrears):

      provided that, where a person is a joint tenant or owner in common of any premises with another person or other persons living in the premises, that applicant's accommodation costs shall be the share of the total accommodation costs of the premises that the chief executive is satisfied the person is paying

    beneficiary means any person who is being paid—

    • (a) an unemployment benefit or a sickness benefit, a widow's benefit, a domestic purposes benefit, an invalid's benefit, a youth payment, a young parent payment, or an emergency benefit; or

    • (b) New Zealand superannuation or a veteran's pension

    cash assets

    • (a) means—

      • (i) money saved with a bank or other institution, money invested with a bank or other institution, or money banked with a bank or other institution:

      • (ii) money invested in securities, bonds, or debentures, or advanced on mortgage:

      • (iii) money invested in shares in a partnership or limited liability company or other incorporated or unincorporated body; but

    • (ab) does not include any contributions to, or any member's interest in, any KiwiSaver scheme that is registered under the KiwiSaver Act 2006; and

    • (b) does not include any specified item or amount of cash assets, or cash assets of a specified kind, that is declared not to be cash assets for the purposes of this Act by regulations made under section 132

    deferred payment disposition means a contract under which a person sells or agrees to sell property or provides or agrees to provide services (whether or not possession of the property is given, or the services are provided, before all money payable under the contract has been paid) in consideration of a promise by another person to pay, or to procure the payment of, in the future and in respect of the sale or provision, a sum or sums of money exceeding in aggregate the cash price of the property or services

    mortgage security includes—

    • (a) a deferred payment disposition; and, in any such case, the balance of the purchase price required to be paid to the vendor of the premises under any such disposition shall, for the purposes of paragraph (b) of the definition of the term accommodation costs, be treated as money advanced under a mortgage security:

    • (b) money secured over the person's share or shares in any flat owning company within the meaning of Part 7A of the Land Transfer Act 1952:

    • (c) money payable under and secured by a deferred payment licence under the Land Act 1948

    non-beneficiary means a person who is not a beneficiary

    owner includes a person legally entitled to occupy the premises under—

    • (a) a deferred payment disposition; or

    • (b) a lease, where the occupier is also the lessor as owner or one of the lessors as one of the owners; or

    • (ba) a licence to occupy, where the premises are a residential unit in a retirement village (as those terms are defined in the Retirement Villages Act 2003); or

    • (c) a licence to occupy under Part 7A of the Land Transfer Act 1952; or

    and owned has a corresponding meaning

    premises, in relation to any person, means the place that he or she occupies as a home; and includes, in relation to a person who is a boarder or lodger, any room or other accommodation occupied as a home by that person

    service costs, in relation to any premises,—

    • (a) means the cost as reasonably determined by the chief executive of any services (for example, electricity supply, gas supply, telephone network connection, or broadband Internet connection) provided to or in connection with the premises for consumption or use by the occupants of the premises; but

    • (b) does not include the cost of water supplied to the premises

    tenant, in relation to any rented premises, includes a person who pays rent, whether or not he or she is a party to the tenancy agreement or lease of the premises

    weekly accommodation costs means the greater of—

    • (a) the total amount of a person's accommodation costs for a 12-month period divided by 52; or

    • (b) the amount which, at the time of application or any subsequent review, the person is required to pay weekly for accommodation costs or may reasonably be required to set aside weekly to pay accommodation costs.

    (2) While a person is not entitled to an accommodation supplement under section 80C, the accommodation costs of that person shall be considered to be the accommodation costs of that person's spouse or partner for the purposes of—

    • (a) this section; and

    (3) Subsection (2) is subject to section 61EB (which relates to joint tenants who are married or in a civil union or in a de facto relationship) and to section 80C(1A) (which relates to continuing accommodation supplement for certain benefit applicants).

    Section 61E: replaced, on 1 July 1993, by section 10(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

    Section 61E(1): amended, on 17 November 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

    Section 61E(1) accommodation costs paragraph (a): replaced, on 24 August 2010, by section 14(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

    Section 61E(1) accommodation costs paragraph (aa): repealed, on 17 November 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

    Section 61E(1) accommodation costs paragraph (b): amended, on 24 August 2010, by section 14(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

    Section 61E(1) accommodation costs paragraph (b)(i): amended, on 2 October 1994, by section 4 of the Social Security Amendment Act 1994 (1994 No 86).

    Section 61E(1) accommodation costs paragraph (b)(ii): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 61E(1) accommodation costs paragraph (c): amended, on 1 July 1997, by section 2 of the Social Security Amendment Act 1997 (1997 No 21).

    Section 61E(1) accommodation costs paragraph (c) proviso: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 61E(1) beneficiary paragraph (a): replaced, on 1 October 1998, by section 42 of the Social Security Amendment Act 1998 (1998 No 19).

    Section 61E(1) beneficiary paragraph (a): amended, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 61E(1) beneficiary paragraph (a): amended, on 1 July 2001, by section 15(3)(b) of the Social Security Amendment Act 2001 (2001 No 1).

    Section 61E(1) beneficiary paragraph (b): replaced, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

    Section 61E(1) beneficiary paragraph (b): amended, on 15 April 2005, by section 4(1) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

    Section 61E(1) cash assets: replaced, on 26 September 2002, by section 12 of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

    Section 61E(1) cash assets paragraph (a)(i): replaced, on 15 April 2005, by section 4(2) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

    Section 61E(1) cash assets paragraph (a)(iia): inserted, on 1 December 2006, by section 231 of the KiwiSaver Act 2006 (2006 No 40).

    Section 61E(1) cash assets paragraph (ab): inserted, on 1 December 2006, by section 231 of the KiwiSaver Act 2006 (2006 No 40).

    Section 61E(1) deferred payment disposition: replaced, on 1 April 2005, by section 139 of the Credit Contracts and Consumer Finance Act 2003 (2003 No 52).

    Section 61E(1) mortgage security paragraph (b): amended, on 1 July 1994, pursuant to section 3 of the Land Transfer Amendment Act 1993 (1993 No 124).

    Section 61E(1) owner paragraph (ba): inserted, on 1 July 2005, by section 4(3) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

    Section 61E(1) owner paragraph (c): amended, on 1 July 1994, pursuant to section 3 of the Land Transfer Amendment Act 1993 (1993 No 124).

    Section 61E(1) service costs: inserted, on 24 August 2010, by section 14(3) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

    Section 61E(1) weekly accommodation costs paragraph (b): amended, on 7 July 2010, by section 6 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

    Section 61E(2): inserted (with effect on 1 October 1995), on 1 April 1997, by section 29(1) of the Social Security Amendment Act 1996 (1996 No 20).

    Section 61E(2): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61E(3): inserted (with effect on 1 October 1995), on 1 April 1997, by section 29(1) of the Social Security Amendment Act 1996 (1996 No 20).

    Section 61E(3): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61E(3): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

61EA Accommodation supplement
  • (1) Subject to the provisions of this Act, the chief executive may grant to an applicant, from such date and for such period as the chief executive determines, an accommodation supplement to assist in meeting the applicant's accommodation costs.

    (2) No person is eligible for an accommodation supplement whose accommodation costs include—

    • (a) payments, required to be made under a mortgage security to the Housing Corporation of New Zealand or the Crown in right of the Ministry of Maori Development, that in the chief executive's opinion are required to be made at a concessionary rate; or

    • (b) rent paid in respect of premises (whether owned by the Crown, the company, or any other person) let by or on behalf of the company for occupation by any person as a place of residence.

    (2A) In subsection (2), company has the same meaning as in the Housing Restructuring and Tenancy Matters Act 1992.

    (3) Notwithstanding anything to the contrary in this Act, a beneficiary being paid New Zealand superannuation or a veteran's pension shall not be entitled to be paid an accommodation supplement under this section unless the income of that beneficiary or the combined income of that beneficiary and his or her spouse or partner, as the case may be, is less than the appropriate amount in Part 2 of Schedule 31.

    (4) No person shall be granted an accommodation supplement if that person—

    • (b) would be eligible to receive a basic grant or an independent circumstances grant under the Student Allowances Regulations 1998, but for the level of that person's income or the level of the income of that person's parent or parents; or

    • (c) is a resident assessed as requiring care (as defined in section 136) in respect of whom a funder (as defined in that section) is paying some or all of the cost of contracted care services (as defined in that section) under section 141 or section 142; or

    • (d) is the spouse or partner of a person who is already receiving an accommodation supplement under this section, except as provided in section 61EB; or

    Section 61EA: inserted, on 1 July 1993, by section 10(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

    Section 61EA(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 61EA(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 61EA(2): replaced, on 17 November 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

    Section 61EA(2A): inserted, on 17 November 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

    Section 61EA(2A): 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 61EA(3): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61EA(3): amended, on 15 April 2005, by section 5 of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

    Section 61EA(3): amended, on 1 April 2005, by section 9(a) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

    Section 61EA(3): amended, on 1 April 2005, by section 9(b) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

    Section 61EA(3): amended, on 1 April 1994, pursuant to section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

    Section 61EA(4)(a): amended, on 1 October 1998, pursuant to regulation 49 of the Student Allowances Regulations 1998 (SR 1998/277).

    Section 61EA(4)(b): amended, on 1 October 1998, pursuant to regulation 49 of the Student Allowances Regulations 1998 (SR 1998/277).

    Section 61EA(4)(c): replaced, on 1 July 2005, by section 4(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

    Section 61EA(4)(d): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61EA(4)(d): amended (with effect on 1 July 1995), on 17 September 1997, by section 14(1)(a) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

    Section 61EA(4)(e): inserted (with effect on 1 July 1995), on 17 September 1997, by section 14(1)(b) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

    Section 61EA(4)(e)(i): replaced, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

    Section 61EA(4)(e)(ii): replaced, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

61EB Special rules for joint tenants who are married, in civil union, or de facto relationship
  • (1) The rules in subsection (3) apply if—

    • (a) premises are occupied by 2 or more joint tenants; and

    • (b) the joint tenants include 1 or more couples who are married or in a civil union or in a de facto relationship.

    (2) The rules in subsection (3) do not apply to the application of the proviso to the definition of accommodation costs in section 61E.

    (3) The rules are—

    • (a) each couple that is married or in a civil union or in a de facto relationship is treated as 1 joint tenant; and

    • (b) the accommodation costs of that 1 joint tenant are the total of the accommodation costs of each of the parties to the marriage or civil union or de facto relationship; and

    • (c) the cash assets and income of that 1 joint tenant are the total of the cash assets and income respectively of each of the parties to the marriage or civil union or de facto relationship.

    Section 61EB: replaced, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

61EC Rates of accommodation supplement
  • (1) The rate of accommodation supplement granted under section 61EA shall, in each case, be paid at the appropriate rate specified in Schedule 18.

    (2) For the purposes of Schedule 18,—

    • (a) every $100 of cash assets over $5,400 held by—

      • (i) a person who is married or in a civil union or in a de facto relationship; or

      • (ii) a single person who has a dependent child or children; and

    • (b) every $100 of cash assets over $2,700 held by any other person—

    shall be deemed to be $1 a week of income.

    (3) Notwithstanding anything to the contrary in this Act, an accommodation supplement shall not be paid to any person who has cash assets exceeding—

    • (a) $16,200 in the case of—

      • (i) a person who is married or in a civil union or in a de facto relationship; or

      • (ii) a single person who has a dependent child or children:

    • (b) $8,100 in any other case.

    (3A) If, on or after the date this subsection comes into force, a person receives an impairment lump sum under Schedule 1 of the Accident Compensation Act 2001 or a lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998, then, for the period of 12 months following the receipt of that lump sum payment, the applicable amount in subsection (3) is considered to be increased by the amount of that payment.

    (4) Notwithstanding the provisions of this section or of section 61EA, the chief executive may, if he or she is satisfied that the applicant or the applicant's spouse or partner has not realised any assets available for the applicant's personal use,—

    • (a) refuse to grant an accommodation supplement; or

    • (b) reduce the rate of any accommodation supplement already granted; or

    • (c) terminate any accommodation supplement already granted.

    (4A) For the period of 12 months referred to in subsection (3A), subsection (4) does not apply to any lump sum payment referred to in subsection (3A) received by the applicant or the applicant's spouse or partner.

    (5) For the purposes of this section and Schedule 18, the income and assets of a person who is married or in a civil union or in a de facto relationship include the income and assets of that person's spouse or partner, except in the circumstances specified in section 61EA(4)(c).

    Section 61EC: inserted, on 1 July 1993, by section 10(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

    Section 61EC(2)(a): replaced, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61EC(2)(a)(i): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61EC(3)(a): replaced, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61EC(3)(a)(i): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61EC(3A): inserted, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

    Section 61EC(3A): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

    Section 61EC(4): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61EC(4): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 61EC(4A): inserted, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

    Section 61EC(4A): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61EC(5): replaced, on 3 June 1998, by section 4 of the Social Security Amendment Act (No 2) 1998 (1998 No 60).

    Section 61EC(5): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 61EC(5): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

61F Rates of accommodation benefit
  • [Repealed]

    Section 61F: repealed, on 1 July 1993, by section 10(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

61FA Rent rebate entitlement
  • [Repealed]

    Section 61FA: repealed, on 17 November 2000, by section 7(2) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

61FB Rate of rebate
  • [Repealed]

    Section 61FB: repealed, on 17 November 2000, by section 7(2) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

61FC Tenure protection allowance
  • [Repealed]

    Section 61FC: repealed, on 17 November 2000, by section 7(2) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

61FD Rate of tenure protection allowance
  • [Repealed]

    Section 61FD: repealed, on 17 November 2000, by section 7(2) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

Temporary additional support

  • Heading: replaced, on 1 April 2006, by section 10 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

61G Temporary additional support
  • (1) The purpose of temporary additional support is to provide temporary financial assistance within the prescribed limits as a last resort to alleviate the financial hardship of people whose essential costs cannot be met from their chargeable income and other resources, while ensuring that people seeking or granted that assistance take reasonable steps to reduce their costs or increase their chargeable incomes.

    (2) An applicant is eligible for temporary additional support if—

    • (a) his or her chargeable income is less than his or her essential costs; and

    • (b) he or she has cash assets of not more than the prescribed amount; and

    • (c) he or she meets any prescribed criteria and any other requirements set out in regulations made under section 132AB.

    (3) Temporary additional support granted to an applicant in accordance with this section and regulations made under section 132AB must be granted—

    • (a) in the prescribed amount; and

    • (b) for the prescribed period.

    (4) Despite subsection (2), temporary additional support must not be granted in respect of the costs of residential care services supplied to a person who has a psychiatric, intellectual, physical, or sensory disability if—

    (5) Subsection (6) applies in respect of an applicant for temporary additional support if the chief executive is satisfied, at any time after that applicant has applied for temporary additional support or while he or she is receiving that support, that—

    • (a) the applicant or the applicant's spouse has arranged, or rearranged, his or her financial affairs in order to qualify for temporary additional support; or

    • (b) the applicant or the applicant's spouse has failed to take reasonable steps to reduce his or her costs or increase his or her chargeable income; or

    • (c) the applicant or the applicant's spouse has failed to take all necessary steps to obtain any assistance towards his or her essential costs from any other source from which he or she may be entitled to assistance.

    (6) If this subsection applies, the chief executive may—

    • (a) refuse to grant temporary additional support; or

    • (b) grant temporary additional support at a reduced rate; or

    • (c) reduce the rate of temporary additional support already granted; or

    • (d) terminate any temporary additional support already granted.

    (7) In this section and section 132AB

    allowable costs has the meaning prescribed in regulations made under section 132AB; but does not include standard costs

    applicant includes a recipient of temporary additional support

    cash assets has the meaning prescribed in regulations made under section 132AB

    chargeable income has the meaning prescribed in regulations made under section 132AB

    essential costs means the sum of a person's allowable costs and standard costs

    standard costs has the same meaning as in section 132AB(1)(b)

    tax credit means a credit of tax 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.

    Section 61G: replaced, on 1 April 2006, by section 10 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

    Section 61G(7) tax credit: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Childcare assistance

  • Heading: inserted, on 4 October 2004, by section 11(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

61GA Childcare assistance
  • (1) The purpose of childcare assistance is to provide targeted financial assistance to help certain people meet the costs of childcare.

    (2) The principal caregiver of a dependent child is eligible for financial assistance (childcare assistance) if he or she satisfies any prescribed criteria and any other requirements set out in regulations made under section 132AC.

    (3) Childcare assistance granted to an applicant, in accordance with this section and regulations made under section 132AC, must be granted—

    • (a) in the prescribed amount; and

    • (b) for the prescribed period.

    Section 61GA: inserted, on 4 October 2004, by section 11(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Alteration of rates of benefits

  • Heading: inserted, on 16 December 1983, by section 10 of the Social Security Amendment Act 1983 (1983 No 138).

61H Rates of benefits, etc, may be increased by Order in Council
  • (1) The Governor-General may from time to time, by Order in Council,—

    • (b) amend the definitions, in section 3(1), of the terms Income Test 1, Income Test 2, Income Test 3, and Income Test 4; and

    • (c) amend Schedule 4 of the Social Welfare (Transitional Provisions) Act 1990; and

    • (ca) amend Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001; and

    by increasing the amount of any benefit, allowance, lump sum payment, subsidy rate, maximum amount of any component, maximum amount of supplements, asset limit, income limit, income exemption, maximum amount of advance, cash assets test, benefit stand down income test, or annual or weekly income test (but not the rate of diminution of any benefit or allowance) set out in those sections and those schedules, and by decreasing the amount of any average regional rental.

    (1A) An Order in Council made under subsection (1) may not increase the period of a benefit stand down for a given income.

    (2) Every Order in Council made under subsection (1) shall state the date from which it is to have effect (which may be a date before the date on which it was made) and shall apply to benefits, allowances, lump sum payments, subsidy rates, maximum amounts of supplements, asset limits, income exemptions, advances, cash assets tests, benefit stand down income test, and annual and weekly income tests payable or applicable in respect of the period commencing on the date from which it is to have effect and ending with the day before the date of its revocation by a subsequent Order in Council. In respect of lump sum payments on death, the Order in Council shall state that it applies in respect of persons who die on or after such date as may be specified in the Order in Council. Nothing in this subsection shall authorise any payment to be made before the order is made.

    (3) Every Order in Council made under this section and laid before the House of Representatives pursuant to the Regulations (Disallowance) Act 1989 shall expire on the close of the period of 12 months commencing with the date on which it was so laid, except so far as it is expressly validated and confirmed by an Act of Parliament passed before that date.

    (4) Every such Order in Council which is laid before the House of Representatives pursuant to the Regulations (Disallowance) Act 1989, and which has been revoked by a subsequent Order in Council before the close of 31 December in the calendar year following the calendar year during which it was so laid, shall be deemed to be invalid in respect of the period it purported to have effect except so far as it is expressly validated and confirmed in respect of that period by an Act of Parliament passed before that date.

    (5) Every Order in Council made under this section shall have the force of law as if it was enacted by this Act.

    (6) The validity of any Order in Council made under this section shall not be affected by reason only of the repeal of an Act of Parliament validating and confirming it.

    (7) In this section, subsidy rate means the first percentage figure set out in any particular clause of Part 2 of Schedule 18.

    Section 61H: replaced, on 19 March 1990, by section 3(1) of the Social Security Amendment Act 1990 (1990 No 5).

    Section 61H(1): replaced, on 1 April 1997, by section 30(1) of the Social Security Amendment Act 1996 (1996 No 20).

    Section 61H(1): amended, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 61H(1): amended, on 4 June 2004, by section 12(b) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

    Section 61H(1): amended, on 17 November 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

    Section 61H(1): amended, on 1 July 1997, by section 3(1) of the Social Security Amendment Act 1997 (1997 No 21).

    Section 61H(1)(aa): inserted, on 1 April 2001, by section 11 of the Social Security Amendment Act 2001 (2001 No 1).

    Section 61H(1)(b): 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 61H(1)(c): replaced, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 61H(1)(ca): inserted, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 61H(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 61H(1)(d): replaced, on 1 February 1999, by section 74 of the Social Security Amendment Act 1998 (1998 No 19).

    Section 61H(1)(d): amended, on 4 June 2004, by section 12(a) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

    Section 61H(1A): inserted, on 1 April 1997, by section 30(1) of the Social Security Amendment Act 1996 (1996 No 20).

    Section 61H(2): amended, on 17 November 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

    Section 61H(2): amended, on 1 July 1997, by section 3(2) of the Social Security Amendment Act 1997 (1997 No 21).

    Section 61H(2): amended, on 1 April 1997, by section 30(2) of the Social Security Amendment Act 1996 (1996 No 20).

    Section 61H(2): amended, on 1 July 1993, by section 12(4) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

    Section 61H(7): inserted, on 1 July 1997, by section 3(3) of the Social Security Amendment Act 1997 (1997 No 21).

61HA Annual CPI adjustment of rates of certain benefits
  • (1) In this section, CPI means the consumers price index-all groups published by Statistics New Zealand.

    (2) The rates of benefits set out in Schedules 3, 4, 6, 9, 16, 17, and 26 (other than any rate of incentive payment), and in clause 1 of Schedule 22 must be adjusted, by Order in Council, as at 1 April each year so that in each case the new rate is the rate at that date adjusted by any percentage movement upwards in the CPI between the CPI for the quarter ended with 31 December 1 year before the immediately preceding 31 December and the CPI for the quarter ended with the immediately preceding 31 December.

    (3) The adjustments (by any percentage movement upwards in the CPI) required under subsection (2) as at 1 April in any year from 2011 to 2017 (inclusive) must, despite subsections (1) and (2), be calculated,—

    • (a) if, and insofar as, they relate to movements during quarters that end before 29 April 2010, using index numbers for those quarters of the consumers price index-all groups published by Statistics New Zealand; and

    • (b) if, and insofar as, they relate to movements during quarters that end after 28 April 2010, using index numbers for those quarters of the consumers price index-all groups excluding cigarettes and other tobacco products published by Statistics New Zealand.

    (4) An adjustment under subsection (2) must not reduce the weekly amounts of benefits payable under those schedules.

    (5) Every Order in Council made under subsection (2) comes into force or is considered to come into force on 1 April of the calendar year in which it is made, and applies to benefits payable on and after that date.

    (6) Section 61H(3) to (6) apply to every Order in Council made under subsection (2) as if that order were made under that section.

    Section 61HA: inserted, on 27 September 2010, by section 15 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).

    Section 61HA(2): amended, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 61HA(3): amended, on 24 October 2012, by section 3 of the Social Security (Indexation—Budget Measures) Amendment Act 2012 (2012 No 82).

61I Areas for accommodation supplement purposes may be altered by Order in Council
  • (1) The Governor-General may by Order in Council, amend the definitions of the terms Area 1, Area 2, and Area 3—

    • (a) by adding to any one of those definitions any urban area, urban zone, or area unit of New Zealand (as those terms are from time to time defined by the Government Statistician) that is in Area 4; or

    • (b) by omitting any urban area, urban zone, or area unit of New Zealand from the definition of Area 2 or Area 3 and adding it to the definition of Area 1; or

    • (c) by omitting any urban area, urban zone, or area unit of New Zealand from the definition of Area 3 and adding it to the definition of Area 2; or

    • (d) by making any adjustments that are required to maintain a part of New Zealand within the same accommodation supplement area as a result of any new or altered definition of any urban area, urban zone, or area unit of New Zealand adopted by the Government Statistician.

    (2) The provisions of section 61H(2) to (6) shall apply, with any necessary modifications, to any Order in Council made under subsection (1) as if that order had been made under section 61H(1).

    (3) In this section Area 1, Area 2, Area 3, and Area 4 refer to the terms defined in clause 1 of Part 1 of Schedule 18.

    Section 61I: inserted, on 1 October 1996, by section 2 of the Social Security Amendment Act (No 5) 1996 (1996 No 155).

    Section 61I(1): replaced, on 1 April 2005, by section 13(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

    Section 61I(3): inserted, on 1 April 2005, by section 13(2) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Miscellaneous provisions as to monetary benefits

62 Grant of benefit after death of applicant
  • Where any applicant for a benefit dies before the completion of the investigation of his application, the chief executive may, in the chief executive's discretion, grant the benefit as if the applicant had not died, and in such a case the provisions of sections 61D and 61DA to 61DF shall apply as if the applicant had been in receipt of the benefit at the time of his death.

    Compare: 1940 No 5 s 7

    Section 62 heading: amended, on 7 July 2010, by section 7(1) of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

    Section 62: amended, on 7 July 2010, by section 7(2) of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

    Section 62: amended, on 7 July 2010, by section 7(3) of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

    Section 62: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 62: amended, on 23 June 1987, by section 2(3)(d) of the Social Security Amendment Act 1987 (1987 No 106).

    Section 62: amended, on 12 December 1985, by section 14 of the Social Security Amendment Act (No 2) 1985 (1985 No 159).

63 Conjugal status for benefit purposes
  • For the purposes of determining any application for any benefit, or of reviewing any benefit already granted, or of determining the rate of any benefit, or of the granting of any payment of a funeral grant under section 61DB or of any welfare programme approved by the Minister under section 124(1)(d), or of assessing the financial means of any person under section 69FA or Part 4 the chief executive may in the chief executive's discretion—

    • (a) regard as single any applicant or beneficiary who is married or in a civil union but is living apart from his or her spouse or partner:

    • (b) regard as husband and wife any man and woman who, not being legally married or in a civil union, have entered into a relationship in the nature of marriage—

    and may determine a date on which they shall be regarded as having commenced to live apart or a date on which they shall be regarded as having entered into such a relationship, as the case may be, and may then in the chief executive's discretion grant a benefit, refuse to grant a benefit, or terminate, reduce, or increase any benefit already granted, from that date accordingly.

    Section 63: replaced, on 11 October 1978, by section 17(1) of the Social Security Amendment Act 1978 (1978 No 58).

    Section 63: amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

    Section 63: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 63: amended, on 17 September 1997, by section 16 of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

    Section 63: amended, on 1 August 1991, by section 17 of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

    Section 63: amended, on 23 June 1987, by section 2(3)(d) of the Social Security Amendment Act 1987 (1987 No 106).

    Section 63(a): replaced, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 63(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

63A Provisions relating to children who continue education
  • Where a child aged 18 years or over is not financially independent and is attending school or a tertiary educational establishment, the chief executive may, in his or her discretion, as if the child had not attained the age of 18 years, grant or continue to pay an orphan's benefit or an unsupported child's benefit in respect of the child, or pay any other benefit at the appropriate rate that includes that child as a dependent child of the beneficiary, for such period or periods as the chief executive determines, expiring not later than the pay day immediately after 31 December in the year in which the child attains the age of 18 years.

    Section 63A: inserted, on 1 April 1991, by section 23 of the Social Security Amendment Act 1991 (1991 No 1).

    Section 63A: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

64 Mode of ascertaining income for benefit purposes
  • (1) Where in relation to the rate of any benefit reference is made in this Act or in any schedule of this Act or in the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or in the New Zealand Superannuation and Retirement Income Act 2001 to the annual income of the beneficiary or of any other person, that reference shall, unless the context otherwise requires, be deemed to be a reference to the estimated income of the person concerned for the period of 52 weeks commencing on the date on which the benefit, if granted or renewed, as the case may be, will commence.

    (2) Except as provided in subsection (3), the estimated annual income for the period of 52 weeks specified in subsection (1) shall be deemed to be an amount equal to the income received by the person concerned for a period of 52 weeks ending on such day preceding the date on which the benefit, if granted or renewed, will commence as the chief executive determines.

    (2A) Where, in relation to the rate of any benefit or additional benefit, reference is made in this Act or in any schedule of this Act or in the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or in the New Zealand Superannuation and Retirement Income Act 2001 to the weekly income of a person, such income shall, unless the context otherwise requires, be determined by dividing the person's total income over the appropriate number of weeks specified in regulations made under this Act (not exceeding 52 weeks) by the number of weeks in that period.

    (2B) For the purposes of determining a person's weekly income under subsection (2A), the chief executive may determine the period or periods to which any income relates, having regard to—

    • (a) the extent to which it was earned in that period or those periods; or

    • (b) the extent to which any other entitlement to it arose in, or in respect of, that period or those periods; or

    • (c) the period or periods for which it was otherwise received, acquired, paid, provided, or supplied.

    (3) From the income computed in accordance with subsection (2) or subsection (2A) there may be deducted any items by which the chief executive is satisfied the income is likely to be reduced, and there may be added to the income so computed any items by which the chief executive is satisfied the income is likely to be increased, and the amount so ascertained shall be deemed to be the estimated income for the period in respect of which the computation is made.

    Compare: 1938 No 7 s 61; 1958 No 46 s 26(1); 1960 No 13 s 16(1)

    Section 64 heading: amended, on 26 September 2002, by section 13(1) of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

    Section 64(1): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

    Section 64(1): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 64(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 64(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 64(1): amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

    Section 64(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 64(2): amended, on 11 October 1978, by section 18(1) of the Social Security Amendment Act 1978 (1978 No 58).

    Section 64(2A): inserted, on 11 October 1978, by section 18(2) of the Social Security Amendment Act 1978 (1978 No 58).

    Section 64(2A): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

    Section 64(2A): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 64(2A): amended, on 26 September 2002, by section 13(2)(a) of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

    Section 64(2A): amended, on 26 September 2002, by section 13(2)(b) of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

    Section 64(2A): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 64(2A): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 64(2A): amended, on 1 July 1996, by section 31(1) of the Social Security Amendment Act 1996 (1996 No 20).

    Section 64(2A): amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

    Section 64(2B): inserted, on 26 October 2002, by section 13(3) of the Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).

    Section 64(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 64(3): amended, on 11 October 1978, by section 18(3) of the Social Security Amendment Act 1978 (1978 No 58).

65 Adjustment of anomalies due to receipt of income subject to income tax
  • [Repealed]

    Section 65: repealed, on 9 June 1971, by section 3(1) of the Social Security Amendment Act 1971 (1971 No 8).

66 Exemption of income from friendly or like society
  • (1) Notwithstanding anything to the contrary in this Act, where an applicant for New Zealand superannuation, a widow's benefit, a domestic purposes benefit, an invalid's benefit, or a sickness benefit, or the husband or the wife or the partner of any such applicant, is in receipt of a sick benefit from a friendly society or a like benefit from any other source, the chief executive, in computing pursuant to this Act the rate of any such benefit, shall take no account of any income up to, in the aggregate, the amount specified in Schedule 10 received by way of sick benefit from a friendly society or by way of like benefit from any other source.

    (2) If any question arises as to whether any income received or receivable is of a like nature to a sick benefit payable by a friendly society, it shall be determined by the chief executive.

    Compare: 1961 No 6 s 6(1), (2)

    Section 66(1): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 66(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 66(1): amended, on 1 July 2001, by section 15(1)(c) of the Social Security Amendment Act 2001 (2001 No 1).

    Section 66(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 66(1): amended, on 1 October 1998, by section 43 of the Social Security Amendment Act 1998 (1998 No 19).

    Section 66(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 66(1): amended, on 1 April 1994, pursuant to section 2(1) of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

    Section 66(1): amended, on 14 November 1973, by section 10 of the Social Security Amendment Act 1973 (1973 No 34).

    Section 66(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

66A Special exemption for severe disablement
  • For the purposes of computing any benefit payable, the chief executive may in the chief executive's discretion, as an incentive to personal effort, disregard all or part of the income of any severely disabled person derived from such effort.

    Section 66A: inserted, on 20 October 1972, by section 22 of the Social Security Amendment Act 1972 (1972 No 133).

    Section 66A: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 66A: amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

    Section 66A: amended, on 23 June 1987, by section 2(3)(d) of the Social Security Amendment Act 1987 (1987 No 106).

66B Redundancy and retirement payments not to be taken into account in determining rates of benefits
  • In computing the income of any person for the purpose of determining the rate of any benefit, no account shall be taken of any redundancy payment or retirement payment (as those terms are defined in section 80B(3)) received by that person, except to the extent that the payment may constitute cash assets that are required to be taken into account in determining the rate of an accommodation supplement or a rent rebate under section 61F(1A) or section 61FB.

    Section 66B: replaced, on 1 January 1994, by section 3(1) of the Social Security Amendment Act 1993 (1993 No 14).

    Section 66B: amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

67 Exemption of income from domestic or nursing service
  • [Repealed]

    Section 67: repealed (with effect on 14 May 1969), on 29 September 1969, by section 5(1) of the Social Security Amendment Act 1969 (1969 No 46).

68 Exemption of income from former home property
  • Notwithstanding anything to the contrary in this Act, where any person has let his home or sold it on terms providing for the payment of the purchase money or any part thereof by instalments or by which the purchase money or any part thereof is secured by mortgage thereon, the chief executive may, in the chief executive's discretion, in computing the income of that person, set off against the rent or interest derived or received by him in respect of that letting or sale the whole or any part of—

    • (a) any rent payable by him in respect of the tenancy of another home:

    • (b) any interest payable by him or unpaid purchase money owing by him in respect of the purchase of another home:

    • (c) any interest payable by him on money advanced to him for the purchase of another home:

    • (d) any money payable by him in respect of his board, lodging, or maintenance, whether in a private home or in any public or private institution.

    Compare: 1961 No 6 s 7

    Section 68: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 68: amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 68: amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

    Section 68: amended, on 23 June 1987, by section 2(3)(d) of the Social Security Amendment Act 1987 (1987 No 106).

68A Special provisions applying to insurance payments
  • (1) Where a debt insurance payment in relation to a mortgage security is made to a person or to some other person on his or her behalf or for his or her benefit, for the purposes of section 61E (which relates to accommodation costs), the payments required to be made by that person under that mortgage security shall be deemed to be reduced by the amount of the debt insurance payment.

    (2) Where a debt insurance payment or a health or disability insurance payment is made to a person or to some other person on behalf of or for the benefit of the person or a member of his or her family, for the purposes of section 61G (which relates to temporary additional support) or a special benefit continued under section 23 of the Social Security (Working for Families) Amendment Act 2004, the commitments of the person shall be deemed to be reduced to such an extent, if any, as the chief executive considers appropriate having regard to the nature of the payment and those commitments.

    (3) Where a health or disability insurance payment is made to a person or to some other person on behalf of or for the benefit of the person or a member of his or her family, for the purposes of section 69C (which relates to disability allowances), any additional expenses of the person arising from his or her disability, or expenses arising from the hospitalisation of his or her spouse or partner, as the case may be, shall be deemed to be reduced to such an extent, if any, as the chief executive considers appropriate having regard to the nature of the payment and those additional expenses or expenses.

    (4) Where a debt insurance payment or a health or disability insurance payment is made to a person or to some other person on behalf of or for the benefit of the person or a member of his or her family, for the purposes of any welfare programme approved by the Minister under and for the purposes of section 124(1)(d), the costs, expenses, and commitments of the person shall be deemed to be reduced to such an extent, if any, as the chief executive considers appropriate having regard to the nature of the payment and those costs, expenses, and commitments.

    (5) Where an applicant for—

    • (a) a benefit is, or may be, entitled or eligible to receive, or receive the benefit of, an income-related insurance payment; or

    • (b) a benefit of a kind referred to in any of sections 61EA, 61G, 69C, and 124(1)(d), is, or may be, entitled or eligible to receive, or receive the benefit of, a debt insurance payment or a health or disability insurance payment,—

    the chief executive may grant a benefit or a rate of benefit subject to the condition that the whole or such part of the benefit as the chief executive may require shall be repaid to the chief executive in the event that the payment is made to the applicant or to some other person on behalf of or for the benefit of the applicant or a member of his or her family; and, in any such case, the amount of the benefit or the part thereof shall constitute a charge on the amount payable to the applicant or person and may be recovered as a debt due to the Crown from the applicant or person or the person liable to make the payment.

    (6) Where a person has been granted—

    • (a) a benefit, or granted a benefit at a rate, that does not take into account any income-related insurance payment; or

    • (b) a benefit of a kind referred to in any of sections 61EA, 61G, 69C, and 124(1)(d) or a special benefit that continues under section 23 of the Social Security (Working for Families) Amendment Act 2004, or granted such a benefit at a rate, that does not take into account any debt insurance payment or health or disability insurance payment,—

    being a payment made 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 that relates to a contingency that occurred before or during the period in which the benefit is payable, the chief executive may suspend, terminate, or vary the rate of the benefit from such date as the chief executive determines.

    (7) For the purposes of this Act, the amount of any income-related insurance payment or any debt insurance payment or any health or disability insurance payment shall, to the extent the chief executive so determines, be reduced by the amount of any costs incurred by an applicant for a benefit or a beneficiary in obtaining receipt of that payment.

    (8) For the purposes of this section,—

    benefit includes the granting of special assistance under any welfare programme approved under section 124(1)(d)

    debt insurance payment, in relation to any person, includes any payment 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—

    • (a) for the purpose of enabling the person to make payments that he or she is liable to make on account of any debt or liability; and

    • (b) that is not for any reason treated as being the income of the person under this Act.

    Section 68A: inserted, on 2 October 1994, by section 6 of the Social Security Amendment Act 1994 (1994 No 86).

    Section 68A(2): amended, on 1 April 2006, by section 21 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

    Section 68A(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 68A(3): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 68A(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 68A(3): amended, on 17 September 1997, by section 17(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

    Section 68A(4): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 68A(5): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 68A(6): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 68A(6)(b): amended, on 1 April 2006, by section 21 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

    Section 68A(7): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 68A(8): replaced, on 17 September 1997, by section 17(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

69 Power to increase rates of benefits payable to parents of deceased members of the forces or mercantile marine
  • (1) Notwithstanding anything to the contrary in this Act, the chief executive may, in the chief executive's discretion, increase by an amount not exceeding the amount specified in Schedule 12 the rate of any benefit payable to any beneficiary where the chief executive is satisfied that he or she was one of the parents of—

    • (a) a deceased member of any of Her Majesty's forces established in New Zealand whose death was attributable to his service as a member of any such force:

    • (b) a deceased member of the New Zealand mercantile marine whose death was directly attributable to the Second World War:

    • (c) a deceased member of any forces established in any Commonwealth country (other than New Zealand) who was domiciled in New Zealand at the commencement of any war in which Her Majesty's forces established in New Zealand were engaged and whose death was attributable to his service as a member of those first-mentioned forces:

    • (d) a deceased member of the mercantile marine of any Commonwealth country (other than New Zealand) who was domiciled in New Zealand at the commencement of the Second World War and whose death was directly attributable to that war.

    (2) For the purposes of this section, a beneficiary shall be deemed to have been one of the parents of any such deceased member if he was at the death of the member a parent or step-parent or adoptive parent of the member, or if in any other case the member was maintained by the beneficiary or by the spouse or partner of the beneficiary and the chief executive is satisfied that the beneficiary should be regarded as being a parent of that member.

    Compare: 1949 No 38 s 21

    Section 69(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 69(1): amended, on 23 June 1987, by section 2(3)(d) of the Social Security Amendment Act 1987 (1987 No 106).

    Section 69(2): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

69A Telephone-service-rental allowance
  • [Repealed]

    Section 69A: repealed, on 1 April 1991, by section 24(1) of the Social Security Amendment Act 1991 (1991 No 1).

69B Television-licence-fee concessions
  • [Repealed]

    Section 69B: repealed, on 1 October 1982, by section 10(1) of the Social Security Amendment Act 1982 (1982 No 16).

69C Disability allowance
  • (1) The chief executive may, in the chief executive's discretion, grant a disability allowance at a rate not exceeding the amount specified in Schedule 19, to or on account of—

    • (a) any person who is in receipt of an invalid's benefit, a widow's benefit, a domestic purposes benefit, an unemployment benefit or a sickness benefit, a youth payment, or a young parent payment, or a related emergency benefit payable under section 61; or

    • (b) [Repealed]

    • (c) any person whose income, including the income of the person's spouse or partner and any New Zealand superannuation or veteran's pension payable to the person or the person's spouse or partner, is less than the appropriate amount in Part 3 of Schedule 31; or

    • (d) the dependent spouse or partner or dependent child of any person referred to in paragraphs (a) to (c).

    (1A) Subsection (1) is subject to subsections (2) to (4) and (7A) to (7E) of this section, and to regulations under section 132AD.

    (2) A disability allowance is not payable to or on account of any such person unless the chief executive is satisfied that the disability of the person—

    • (a) is likely to continue for not less than 6 months; and

    • (b) has resulted in a reduction of the person's independent function to the extent that the person requires—

      • (i) ongoing support to undertake the normal functions of life; or

      • (ii) ongoing supervision or treatment by a health practitioner.

    (2A) A disability allowance is not payable to or on account of any person except to the extent that—

    • (a) the person has additional expenses of an ongoing kind arising from the person's disability (subject to section 68A); and

    • (b) the assistance towards those expenses available under this Act or any other enactment is insufficient to meet them.

    (2B) A disability allowance is not payable under this section in respect of—

    • (a) expenses arising from the disability of a person who is a resident assessed as requiring care (as defined in section 136) in respect of whom a funder (as defined in that section) is paying some or all of the cost of contracted care services (as defined in that section) under section 141 or section 142; or

    • (b) expenses arising from the disability of a person that are costs of residential care services supplied to the person if—

      • (i) the person has a psychiatric, intellectual, physical, or sensory disability; and

    (2C) For the avoidance of doubt, nothing in paragraph (b) of subsection (2B) prevents the payment of a disability allowance to a person to whom that paragraph applies for expenses that are not costs of residential care services supplied to that person.

    (3) Before a disability allowance is granted under this section, the chief executive may require the applicant, or the spouse or partner or child of the applicant, as the case may require, to be examined by a medical practitioner nominated by the chief executive for the purpose.

    (4) Despite anything to the contrary in this section, the chief executive may, in the chief executive's discretion, refuse to grant a disability allowance or may terminate a disability allowance already granted or may grant a disability allowance at a reduced rate, if the applicant is in receipt of a war disablement pension under the War Pensions Act 1954, or an entitlement under the Accident Compensation Act 2001, or an overseas pension or periodical allowance which the chief executive deems to be analogous to such war disablement pension or entitlement, in respect of a disability which gives rise to an application for a disability allowance under this section.

    (5) Notwithstanding anything in this section but subject to section 68A, if—

    • (a) a person who is married or in a civil union or in a de facto relationship (the recipient) is in receipt of New Zealand superannuation or a veteran's pension, or of an invalid's benefit, or an unemployment benefit or a sickness benefit, or a related emergency benefit; and

    • (b) the recipient's spouse or partner is either—

      • (i) a patient in a hospital (as defined in section 75(1)) who is in receipt of a reduced benefit under section 75(3) or (4); or

      • (ii) a resident assessed as requiring care (as defined in section 136), and in respect of whom a funder (as defined in that section) is paying some or all of the cost of contracted care services (as defined in that section) under section 141 or 142,—

    • (c) [Repealed]

    the chief executive shall grant a special disability allowance at the rate specified in Schedule 19 to the recipient for the purpose of defraying expenses arising from the hospitalisation of the spouse or partner.

    (6) Despite subsection (2)(a), the chief executive may grant a disability allowance under this section to any person who would otherwise qualify for it and—

    • (a) whose life expectancy is less than 6 months; or

    • (b) it is not possible to determine whether the disability is likely to continue for not less than 6 months but that is a reasonably possible prognosis.

    (7) Where any person, whose application for a disability allowance has been declined only on the grounds that the disability is likely to last less than 6 months, subsequently shows to the satisfaction of the chief executive that the disability in respect of which that application was made—

    • (a) is likely to last for 6 months or more; or

    • (b) has continued for 6 months or more,—

    and that the person would otherwise have been entitled to receive a disability allowance since the date of the original application, the chief executive must grant a disability allowance to that person commencing on the date of the original application.

    (7A) This subsection applies to a person if—

    • (a) any additional expenses arising from a disability relate to the supply of any goods or services to the person or a member of the person's family; and

    • (b) all or a specified part of a disability allowance is granted in respect of the supply of the goods or services; and

    • (c) those goods or services are of a class, description, or kind supplied by a preferred supplier (being a preferred supplier to, or in respect of, the area in which the person resides) under a contract entered into with the chief executive under section 125AA.

    (7B) If subsection (7A) applies to a person,—

    • (a) the person must, for every supply of the goods or services after a nomination given to the person by the chief executive has come into force and while it remains in force, purchase the goods or services from a preferred supplier specified in that nomination and at the price determined by the contract under section 125AA with that supplier; and

    • (b) the chief executive must, despite subsections (1) to (7), pay all, or the specified part, of the disability allowance that is granted in respect of the supply of the goods or services to that supplier in consideration of the supply of the goods or services to the person or the person's family member.

    (7BA) A nomination under subsection (7B)(a)—

    • (a) may be given orally or in writing (but, if given orally, must as soon as practicable be confirmed in writing); and

    • (b) may from time to time be amended, revoked, or revoked and replaced by the chief executive, to recognise changes in preferred suppliers or preferred supply contracts ending without also being replaced.

    (7BB) However, if the person’s net total benefit payments due to be paid on a pay day (after deducting any redirection under section 82(3) or reduction or deduction required to be made from the person’s benefit payments for another purpose (for example, under an attachment order or a deduction notice)) are less than the amount required to pay the preferred supplier on that pay day, the chief executive—

    • (a) is not required by subsection (7B)(b) to pay to the preferred supplier on that pay day all, or the specified part, of the person’s disability allowance due on that pay day; but

    • (b) may pay the amount due to the preferred supplier on 1 or more later pay days from amounts of disability allowance or other benefit payments due to the person on those 1 or more later pay days.

    (7BC) Non-payment, or deferred payment, under subsection (7BB) does not reduce any amounts due to the preferred supplier from the person under, or make the chief executive or the Crown liable for breaching, the person's contract of purchase.

    (7C) However, if the disability allowance granted to the person to whom subsection (7A) applies is granted at the maximum appropriate rate specified in Schedule 19, the chief executive may, in the chief executive's discretion, determine in writing that, despite subsection (7B),—

    • (a) all, or the specified part, of the disability allowance that is granted in respect of the supply of the goods or services must be paid to the person for use only to purchase any 1 or more of the goods or services that the person chooses and that are goods or services in respect of the supply of which the disability allowance is granted; and

    • (b) if the goods or services that the person chooses and purchases under paragraph (a) are goods or services supplied by the nominated preferred supplier under the contract entered into with the chief executive under section 125AA, then the person must purchase them from that supplier at the price determined by that contract.

    (7D) No appeal under this Act lies against any chief executive's decision under subsections (7B) to (7C).

    (7E) Subsections (7A) to (7D) are subject to (preferred supplier transitional provisions) directions under section 125AA(5).

    (8) In this section,—

    disability has the meaning ascribed to it by section 21(1)(h) of the Human Rights Act 1993

    health practitioner

    • (a) has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003; and

    • (b) includes—

      • (i) a former health practitioner within the meaning of that section; and

      • (ii) a person who is receiving training or gaining experience under the supervision of a health practitioner.

    Section 69C: inserted, on 10 October 1975, by section 12(1) of the Social Security Amendment Act 1975 (1975 No 123).

    Section 69C(1): replaced (with effect on 6 November 1985), on 12 December 1985, by section 15(1) of the Social Security Amendment Act (No 2) 1985 (1985 No 159).

    Section 69C(1): amended, on 17 April 2013, by section 30(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

    Section 69C(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69C(1): amended, on 23 June 1987, by section 2(3)(d) of the Social Security Amendment Act 1987 (1987 No 106).

    Section 69C(1)(a): amended, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 69C(1)(a): amended, on 15 April 2005, by section 6(1) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

    Section 69C(1)(a): amended, on 1 July 2001, by section 15(3)(c) of the Social Security Amendment Act 2001 (2001 No 1).

    Section 69C(1)(a): amended, on 1 October 1998, by section 44(1) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 69C(1)(b): repealed, on 1 April 1990, by section 14(9) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

    Section 69C(1)(c): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69C(1)(c): amended, on 1 April 2005, by section 14 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

    Section 69C(1)(c): amended (with effect on 1 July 1995), on 17 September 1997, by section 18(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

    Section 69C(1)(d): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69C(1A): inserted, on 17 April 2013, by section 30(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

    Section 69C(2): replaced (with effect on 1 July 1995), on 17 September 1997, by section 18(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

    Section 69C(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69C(2)(b)(ii): replaced, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Section 69C(2A): inserted (with effect on 1 July 1995), on 17 September 1997, by section 18(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

    Section 69C(2B): replaced, on 22 November 2006, by section 4(1) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

    Section 69C(2C): inserted, on 22 November 2006, by section 4(1) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).

    Section 69C(3): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69C(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69C(4): replaced, on 1 July 1999, by section 415(1) of the Accident Insurance Act 1998 (1998 No 114).

    Section 69C(4): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

    Section 69C(4): amended, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

    Section 69C(5): inserted, on 28 September 1982, by section 11(2) of the Social Security Amendment Act 1982 (1982 No 16).

    Section 69C(5): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69C(5): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69C(5): amended, on 2 October 1994, by section 7(2) of the Social Security Amendment Act 1994 (1994 No 86).

    Section 69C(5): amended (with effect on 6 November 1985), on 12 December 1985, by section 15(2) of the Social Security Amendment Act (No 2) 1985 (1985 No 159).

    Section 69C(5)(a): replaced, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

    Section 69C(5)(a): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69C(5)(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69C(5)(a): amended, on 15 April 2005, by section 6(2) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

    Section 69C(5)(a): amended, on 1 July 2001, by section 15(3)(c) of the Social Security Amendment Act 2001 (2001 No 1).

    Section 69C(5)(a): amended, on 1 October 1998, by section 44(2) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 69C(5)(b): replaced, on 7 July 2010, by section 8 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

    Section 69C(5)(c): repealed, on 7 July 2010, by section 8 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

    Section 69C(6): inserted (with effect on 1 July 1995), on 17 September 1997, by section 18(3) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

    Section 69C(6): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69C(7): inserted (with effect on 1 July 1995), on 17 September 1997, by section 18(3) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

    Section 69C(7): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69C(7A): inserted, on 17 April 2013, by section 30(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

    Section 69C(7B): inserted, on 17 April 2013, by section 30(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

    Section 69C(7BA): inserted, on 17 April 2013, by section 30(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

    Section 69C(7BB): inserted, on 17 April 2013, by section 30(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

    Section 69C(7BC): inserted, on 17 April 2013, by section 30(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

    Section 69C(7C): inserted, on 17 April 2013, by section 30(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

    Section 69C(7D): inserted, on 17 April 2013, by section 30(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

    Section 69C(7E): inserted, on 17 April 2013, by section 30(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

    Section 69C(8): inserted (with effect on 1 July 1995), on 17 September 1997, by section 18(3) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

    Section 69C(8) health practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Section 69C(8) registered health professional: repealed, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

69D Transition to work allowance
  • [Repealed]

    Section 69D: repealed, on 1 July 1996, by section 32(1) of the Social Security Amendment Act 1996 (1996 No 20).

69E Interpretation
  • [Repealed]

    Section 69E: repealed, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

69F Financial means assessments
  • [Repealed]

    Section 69F: repealed, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

69FA Financial means assessments for home-based disability support services
  • (1) In this section and in Schedule 30,—

    cash assets has the same meaning as in section 61E; but does not include any assets or any amount of cash assets excluded by regulations made under section 132D

    health practitioner

    • (a) has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003; and

    • (b) includes—

      • (i) a former health practitioner within the meaning of that section; and

      • (ii) a person who is receiving training or gaining experience under the supervision of a health practitioner

    home-based disability support services means disability services supplied to a person, being services in relation to the person's domestic affairs (other than medical services, personal care services, attendant care services, and relief care services) that support and allow the person to remain in his or her home and are of a kind that are funded under the New Zealand Public Health and Disability Act 2000

    income has the same meaning as in section 3(1); but includes—

    • (b) the gross amount of any payment received in consideration of providing board and lodgings to any person in excess of 2—

    but does not include any amount specified in regulations made under section 132D

    medical services means services supplied to a person by a health practitioner relating to the treatment or relief of the person's disability condition or the rehabilitation of the person from that condition.

    (2) This section applies to any person who has been assessed by a district health board as requiring home-based disability support services and who—

    • (a) is not a child; and

    (3) The chief executive may, from time to time, on application by or on behalf of any person to whom this section applies, assess in accordance with Schedule 30 the weekly amount that person is required to pay toward the cost of the home-based disability support services supplied to that person, and that person is required to pay the amount so assessed in accordance with the assessment.

    (4) For the purposes of Schedule 30,—

    • (a) the following is to be treated as $1 per week of income:

      • (i) every $100 of cash assets over $5,400 held by a person who is married or in a civil union or in a de facto relationship:

      • (ii) every $100 of cash assets over $5,400 held by a single person who has a dependent child or children:

      • (iii) every $100 of cash assets over $2,700 held by any other person; and

    • (b) the income of a person who is married or in a civil union or in a de facto relationship includes the income of his or her spouse or partner.

    (5) In any case where the chief executive is satisfied that a person to whom this section applies, or that person's spouse or partner, has not realised any assets available for that person's personal use, the chief executive may treat any such assets as being cash assets for the purposes of subsection (4).

    (6) Every assessment made by the chief executive under subsection (3) must state—

    • (a) the date of the assessment; and

    • (b) the amount that the person has been assessed as being required to pay toward the cost of the home-based disability support services supplied to that person—

    and the chief executive must supply a copy of that assessment to that person, and may supply the details specified in paragraphs (a) and (b) to the applicable district health board.

    (7) The chief executive must from time to time review any assessment under this section, and may revise that assessment if—

    • (a) the chief executive is satisfied the assessment is in error; or

    • (b) the person to whom the assessment relates or his or her spouse or partner fails to provide any relevant information requested or to answer any relevant question; or

    • (c) after reviewing the assessment, the chief executive is satisfied that, owing to a change in circumstances of that person or his or her spouse or partner, the assessment is no longer an accurate reflection of that person's ability to pay for his or her home-based disability support services, to take effect from such date as the chief executive determines, being a date on or after the date on which the change may reasonably be held to have occurred.

    (8) In any case where the chief executive is satisfied that any person—

    • (a) who has applied for an assessment under this section; or

    • (b) whose ability to pay for home-based disability support services has been assessed under this section—

    or that person's spouse or partner has directly or indirectly deprived himself or herself of any income or assets, the chief executive, in the chief executive's discretion, may assess or, as the case may be, revise the assessment of the person's ability to pay for that person's home-based disability support services as if that deprivation had not occurred.

    (9) Every person whose ability to pay for home-based disability support services has been assessed under this section must forthwith advise the department of any change in the circumstances of that person or his or her spouse or partner that affects that person's ability to pay for his or her home-based disability support services.

    Section 69FA: inserted, on 17 September 1997, by section 19 of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

    Section 69FA(1) health practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Section 69FA(1) home-based disability support services: amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

    Section 69FA(1) income paragraph (a)(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 69FA(1) income paragraph (a)(i): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 69FA(1) medical services: replaced, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Section 69FA(2): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

    Section 69FA(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69FA(4): replaced, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69FA(4)(a)(i): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69FA(4)(b): amended, on 1 April 2007, by section 5 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69FA(5): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69FA(5): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69FA(6): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

    Section 69FA(6): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69FA(7): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69FA(7)(a): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69FA(7)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69FA(7)(c): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69FA(7)(c): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69FA(8): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69FA(8): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69FA(9): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Overseas pensions

  • Heading: inserted, on 2 October 1996, by section 3 of the Social Security Amendment Act (No 6) 1996 (1996 No 157).

69G Reasonable steps to be taken to obtain overseas pension
  • (1) Every applicant for a benefit under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or under Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001 shall provide to the chief executive information establishing, to the satisfaction of the chief executive,—

    • (a) that the applicant and the spouse or partner of the applicant have taken all reasonable steps to obtain any overseas pension to which either or both of them may be entitled or that may be granted to either or both of them; and

    • (b) that the applicant has taken all reasonable steps to obtain any overseas pension to which any dependant of the applicant may be entitled or that may be granted to any dependant of the applicant.

    (2) The chief executive may give to—

    a written notice requiring that person to take all reasonable steps, within a period specified by the chief executive, to obtain any overseas pension to which that person may be entitled or that may be granted to that person.

    (3) The chief executive may give to—

    a written notice requiring that person to take all reasonable steps, within a period specified by the chief executive, to obtain any overseas pension to which any dependant of that person may be entitled or that may be granted to any dependant of that person.

    (4) Where a person does not comply with a notice given by the chief executive under subsection (2) or subsection (3), the chief executive may—

    • (a) refuse to grant the benefit applied for by the applicant:

    • (b) suspend, from such date as the chief executive determines, the benefit granted to the beneficiary until either—

      • (i) the beneficiary provides information establishing, to the satisfaction of the chief executive, that the beneficiary and the spouse or partner of the beneficiary have taken all reasonable steps to obtain any overseas pension to which either or both of them may be entitled or that may be granted to either or both of them or, as the case requires, that the beneficiary has taken all reasonable steps to obtain any overseas pension to which any dependant of the beneficiary may be entitled or that may be granted to any dependant of the beneficiary; or

      • (ii) the benefit is terminated under subsection (5),—

      whichever occurs first.

    (5) Where a benefit has been suspended under subsection (4), the chief executive may, not less than 40 working days after the suspension, terminate the benefit from such date as the chief executive determines.

    Section 69G: inserted, on 2 October 1996, by section 3 of the Social Security Amendment Act (No 6) 1996 (1996 No 157).

    Section 69G(1): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

    Section 69G(1): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 69G(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 69G(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69G(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 69G(1)(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69G(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69G(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 69G(2)(a): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 69G(2)(a): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 69G(2)(a): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 69G(2)(b): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

    Section 69G(2)(b): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 69G(2)(b): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 69G(2)(b): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 69G(2)(c): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69G(2)(c): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

    Section 69G(2)(c): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 69G(2)(c): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 69G(2)(c): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 69G(2)(d): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69G(2)(d): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

    Section 69G(2)(d): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 69G(2)(d): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 69G(2)(d): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 69G(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69G(3)(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 69G(3)(a): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 69G(3)(a): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 69G(3)(a): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 69G(3)(b): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

    Section 69G(3)(b): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 69G(3)(b): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 69G(3)(b): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 69G(4): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69G(4)(b): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69G(4)(b)(i): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69G(4)(b)(i): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69G(5): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

69H Information on rate of overseas pension to be provided
  • (1) Every applicant for a benefit 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 shall provide to the chief executive information establishing, to the satisfaction of the chief executive, the rate of any overseas pension granted to any of the following persons:

    • (a) the applicant:

    • (b) the applicant's spouse or partner:

    • (c) any dependant of the applicant.

    (2) Where an applicant does not comply with subsection (1) within 10 working days after applying for the benefit, the chief executive may refuse to grant the benefit applied for.

    (3) Every beneficiary 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 shall provide to the chief executive, as requested from time to time in a written notice given to that person by the chief executive, information establishing, to the satisfaction of the chief executive, the rate of any overseas pension granted to any of the following persons:

    • (a) the beneficiary:

    • (b) the beneficiary's spouse or partner:

    • (c) any dependant of the beneficiary.

    (4) Where a beneficiary does not comply with subsection (3) within 10 working days after the notice has been given, the chief executive may suspend, from such date as the chief executive determines, the benefit granted to the beneficiary until either—

    • (a) the beneficiary provides information establishing, to the satisfaction of the chief executive, the rate of any overseas pension granted to the beneficiary or the beneficiary's spouse or partner or any dependant of the beneficiary; or

    • (b) the benefit is terminated under subsection (5),—

    whichever occurs first.

    (5) Where a benefit has been suspended under subsection (4), the chief executive may, not less than 40 working days after the suspension, terminate the benefit from such date as the chief executive determines.

    (6) In this section, the term rate, in relation to an overseas pension, means the rate of that pension in the currency of the country paying that pension.

    Section 69H: inserted, on 2 October 1996, by section 3 of the Social Security Amendment Act (No 6) 1996 (1996 No 157).

    Section 69H(1): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

    Section 69H(1): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 69H(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 69H(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69H(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 69H(1)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69H(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69H(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 69H(3): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 69H(3): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 69H(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69H(3): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 69H(3)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69H(4): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69H(4)(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 69H(4)(a): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69H(5): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

69I Duty of chief executive to assist
  • It is the duty of the chief executive to take all reasonable steps to assist any person to comply with any obligation imposed on that person by or under section 69G(1) to (3) or section 69H(1) or (3).

    Section 69I: inserted, on 2 October 1996, by section 3 of the Social Security Amendment Act (No 6) 1996 (1996 No 157).

    Section 69I heading: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 69I: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

70 Rate of benefits if overseas pension payable
  • (1) For the purposes of this Act, if—

    • (a) any person qualified to receive a benefit 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 is entitled to receive or receives, in respect of that person or of that person's spouse or partner or of that person's dependants, or if that person's spouse or partner or any of that person's dependants is entitled to receive or receives, a benefit, pension, or periodical allowance granted elsewhere than in New Zealand; and

    • (b) the benefit, pension, or periodical allowance, or any part of it, is in the nature of a payment which, in the opinion of the chief executive, forms part of a programme providing benefits, pensions, or periodical allowances for any of the contingencies for which benefits, pensions, or allowances may be paid under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or under the New Zealand Superannuation and Retirement Income Act 2001 or under the War Pensions Act 1954 which is administered by or on behalf of the Government of the country from which the benefit, pension, or periodical allowance is received—

    the rate of the benefit or benefits that would otherwise be payable 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 shall, subject to subsection (3), be reduced by the amount of such overseas benefit, pension, or periodical allowance, or part thereof, as the case may be, being an amount determined by the chief executive in accordance with regulations made under this Act:

    provided that if the chief executive determines that the overseas benefit, pension, or periodical allowance, or any part of it, is in the nature of, and is paid for similar purposes as,—

    • (a) compensation for injury or death for which payment could be made under the Accident Compensation Act 2001 if the injury or death had occurred in New Zealand after the commencement of that Act; or

    • (b) a war pension or allowance granted under the War Pensions Act 1954 of a type which would not affect any recipient's entitlement to a benefit in accordance with section 72 unless the pension or allowance is a pension or payment granted under Part 6 of the War Pensions Act 1954; or

    • (c) a disability allowance granted under this Act—

    such overseas benefit, pension, or periodical allowance, or part of it, as the case may be, shall be treated as if it were in fact such compensation, war pension or allowance, or disability allowance.

    (1A) Subsection (1) does not apply to New Zealand superannuation payable overseas under section 26 of the New Zealand Superannuation and Retirement Income Act 2001.

    (1B) Subsection (1) does not apply to a veteran's pension payable overseas under section 74J of the War Pensions Act 1954.

    (2) Nothing in subsection (1) shall preclude the chief executive from deciding the date on which the chief executive's determination under paragraph (b) of, or the proviso to, the said subsection (1) shall take effect, which date may be a date before, on, or after the date of such determination.

    (3) In any case where paragraph (a) and paragraph (b) of subsection (1) apply and the proviso to subsection (1) does not apply, the chief executive may—

    • (a) make an arrangement with an overseas pensioner, in accordance with any regulations made under section 132C, to pay to the overseas pensioner the rate of the benefit or benefits that is payable under this Act or 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 and to receive from the overseas pensioner an amount equivalent to the amount of the overseas pension that the overseas pensioner receives, if—

      • (i) the overseas pensioner agrees to make such an arrangement; and

      • (ii) the overseas pensioner has not previously made such an arrangement and voluntarily terminated it; and

      • (iii) the chief executive has not previously ceased to make payments under paragraph (b) because of the overseas pensioner's failure to comply with such an arrangement; and

    (3A) The chief executive may from time to time, on behalf of the Crown, enter into contracts with 1 or more registered banks for the purpose of implementing arrangements under subsection (3)(a).

    (3B) No money in a bank account maintained, in accordance with regulations made under section 132C, to implement an arrangement under subsection (3)(a) can—

    • (a) be attached or taken in execution under any order or process of any court:

    • (b) be made the subject of any set-off, charge, or assignment:

    • (c) be claimed or deducted under any notice or other instrument issued under any enactment (other than under regulations made under section 132C).

    (3C) If the benefit referred to in an arrangement made under subsection (3)(a) is New Zealand superannuation, the chief executive must pay any amount received from the overseas pensioner under the arrangement into the New Zealand Superannuation Fund established under the New Zealand Superannuation and Retirement Income Act 2001, in accordance with arrangements made from time to time by the chief executive with the Guardians of New Zealand Superannuation.

    (4) For the purposes of this Act and section CW 28 of the Income Tax Act 2007, a payment under subsection (3)(b) shall, in respect of the period to which the payment relates, be deemed to be payment of—

    • (b) the amount of the overseas pension that that overseas pensioner is entitled to receive or has received in that period.

    (5) Subsections (3) and (4) shall come into force on a date to be appointed by the Governor-General by Order in Council.

    Section 70: replaced, on 10 October 1975, by section 13(1) of the Social Security Amendment Act 1975 (1975 No 123).

    Section 70(1): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

    Section 70(1): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 70(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 70(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 70(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 70(1): amended, on 2 October 1996, by section 4(1) of the Social Security Amendment Act (No 6) 1996 (1996 No 157).

    Section 70(1)(a): replaced, on 12 December 1985, by section 16(1) of the Social Security Amendment Act (No 2) 1985 (1985 No 159).

    Section 70(1)(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 70(1)(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 70(1)(a): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 70(1)(a): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 70(1)(a): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 70(1)(a): amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

    Section 70(1)(b): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

    Section 70(1)(b): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 70(1)(b): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 70(1)(b): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 70(1)(b): amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

    Section 70(1) proviso: replaced, on 12 December 1985, by section 16(2) of the Social Security Amendment Act (No 2) 1985 (1985 No 159).

    Section 70(1) proviso: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 70(1) proviso paragraph (a): replaced, on 1 July 1999, by section 415(1) of the Accident Insurance Act 1998 (1998 No 114).

    Section 70(1) proviso paragraph (a): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

    Section 70(1) proviso paragraph (a): amended, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

    Section 70(1) proviso paragraph (b): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 70(1) proviso paragraph (c): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 70(1A): inserted, on 5 January 2010, by section 9 of the New Zealand Superannuation and Retirement Income Amendment Act 2009 (2009 No 40).

    Section 70(1B): inserted, on 5 January 2010, by section 8 of the War Pensions Amendment Act 2009 (2009 No 41).

    Section 70(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 70(3): inserted, on 2 October 1996, by section 4(2) of the Social Security Amendment Act (No 6) 1996 (1996 No 157).

    Section 70(3): brought into force, on 7 November 1996, by the Social Security (Alternative Arrangement for Overseas Pensions) Commencement Order 1996 (SR 1996/316).

    Section 70(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 70(3)(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 70(3)(a): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 70(3)(a): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 70(3)(a): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 70(3)(a)(iii): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 70(3)(b): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

    Section 70(3)(b): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 70(3)(b): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 70(3)(b): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 70(3)(b): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 70(3A): inserted, on 7 November 1996, by section 2(1) of the Social Security (Overseas Pensions) Amendment Act 1998 (1998 No 10).

    Section 70(3A): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 70(3B): inserted, on 28 March 1998, by section 2(2) of the Social Security (Overseas Pensions) Amendment Act 1998 (1998 No 10).

    Section 70(3C): inserted, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 70(3C): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

    Section 70(4): inserted, on 2 October 1996, by section 4(2) of the Social Security Amendment Act (No 6) 1996 (1996 No 157).

    Section 70(4): brought into force, on 7 November 1996, by the Social Security (Alternative Arrangement for Overseas Pensions) Commencement Order 1996 (SR 1996/316).

    Section 70(4): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

    Section 70(4)(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 70(4)(a): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 70(4)(a): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 70(4)(a): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 70(5): inserted, on 2 October 1996, by section 4(2) of the Social Security Amendment Act (No 6) 1996 (1996 No 157).

70A Rates of benefits for sole parents may be reduced
  • (1) This section applies to any beneficiary—

    • (a) who is a sole parent; and

    • (b) who is in receipt of one of the following benefits:

      • (i) a domestic purposes benefit granted under section 27B; or

      • (ii) a widow's benefit granted, on an application made after 24 July 1990, under section 21; or

      • (iii) an invalid's benefit granted, on an application made after 24 July 1990, under section 40; or

      • (iiia) [Repealed]

      • (iv) a sickness benefit; or

      • (v) an unemployment benefit; or

      • (va) a young parent payment; or

      • (va) [Repealed]

      • (vi) an emergency benefit granted, on an application made after 31 July 1991, under section 61; and

    • (c) who, in respect of any dependent child in the care of the beneficiary, fails or refuses—

      • (i) to identify who is in law the other parent of that child; or

      • (ii) to make an application for formula assessment of child support, when required to do so by section 9 of the Child Support Act 1991; or

      • (iii) to attend and give in evidence all information that is required of the beneficiary during a hearing of a proceeding under the Child Support Act 1991, as required under section 122 of that Act.

    (2) The rate of benefit payable to any beneficiary to whom this section applies shall be reduced in respect of each dependent child in the care of the beneficiary—

    • (a) whose other parent has not been identified in law; or

    • (b) whose other parent has not been named in an application for formula assessment of child support under the Child Support Act 1991 as a liable parent from whom child support is sought; or

    • (c) whose other parent the beneficiary has failed or refused to testify against as required under section 122 of the Child Support Act 1991,—

    by an amount equal to $22.

    (3) Subsection (2) shall not apply if the chief executive is satisfied that—

    • (a) there is insufficient evidence available to establish who is in law the other parent; or

    • (b) the beneficiary is taking active steps to identify who is in law the other parent; or

    • (ba) the beneficiary or any of the beneficiary's children would be at risk of violence if the beneficiary carried out or took steps to carry out any of the actions referred to in subparagraphs (i) to (iii) of subsection (1)(c); or

    • (bb) there is a compelling circumstance, other than a circumstance mentioned elsewhere in this subsection, for the beneficiary's failure or refusal to carry out any of the actions set out in subparagraphs (i) to (iii) of subsection (1)(c), and, even if the beneficiary carried out the action, there is no real likelihood of child support being collected in the foreseeable future from the other parent, or, as the case may be, the other parent's estate; or

    • (c) the child was conceived as a result of incest or sexual violation.

    (4) A reduction of the rate of benefit under subsection (2) in respect of a dependent child in the care of the beneficiary ceases to apply to a beneficiary who subsequently carries out the action referred to in subparagraph (i), (ii), or (iii) of subsection (1)(c) that the beneficiary failed or refused to carry out in respect of that child.

    (5) If a beneficiary's rate of benefit has been reduced under subsection (2), it must be reduced by a further $6 if the circumstances in subsection (6) exist.

    (6) The circumstances are that—

    • (a) a period of not less than 13 weeks has elapsed after the date on which the beneficiary's rate of benefit was reduced under subsection (2); and

    • (b) during the period referred to in paragraph (a), the chief executive has given the beneficiary a reasonable opportunity to reconsider his or her decision not to carry out the action referred to in subparagraphs (i) to (iii) of subsection (1)(c) that led to that reduction.

    (7) A further reduction made under subsection (5) to a beneficiary's rate of benefit must not exceed $6, regardless of the number of the beneficiary's dependent children to whom subsection (1)(c) applies.

    (8) A reduction of the rate of benefit under subsection (5) ceases to apply where the rate of benefit has ceased to be reduced under subsection (2).

    (9) For the purposes of this section—

    violence has the same meaning as in section 3 of the Domestic Violence Act 1995.

    Section 70A: replaced, on 1 July 1992, by section 9(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

    Section 70A(1)(b)(iiia): repealed, on 15 April 2005, by section 7(1) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

    Section 70A(1)(b)(iv): replaced, on 1 July 2001, by section 15(8) of the Social Security Amendment Act 2001 (2001 No 1).

    Section 70A(1)(b)(v): replaced, on 1 July 2001, by section 15(8) of the Social Security Amendment Act 2001 (2001 No 1).

    Section 70A(1)(b)(va): replaced, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 70A(1)(c): replaced, on 15 April 2005, by section 7(2) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

    Section 70A(2): amended, on 1 October 1993, by section 92(5) of the Income Tax Amendment Act (No 3) 1993 (1993 No 130).

    Section 70A(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 70A(3)(ba): inserted, on 1 July 2005, by section 7(3) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

    Section 70A(3)(bb): inserted, on 1 July 2005, by section 7(3) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

    Section 70A(4): replaced, on 15 April 2005, by section 7(4) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

    Section 70A(5): inserted, on 15 April 2005, by section 7(4) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

    Section 70A(6): inserted, on 15 April 2005, by section 7(4) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

    Section 70A(7): inserted, on 15 April 2005, by section 7(4) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

    Section 70A(8): inserted, on 15 April 2005, by section 7(4) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

    Section 70A(9): inserted, on 15 April 2005, by section 7(4) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

70B Entitlement to benefits in cases of shared custody
  • (1) If the parents of a dependent child—

    • (a) are living apart; and

    • (b) are both beneficiaries; and

    • (c) each has the primary responsibility for the care of that child for at least 40% of the time—

    only the parent whom the chief executive is satisfied has the greater responsibility for the child shall be entitled to have that child taken into account by the chief executive in assessing that parent's entitlement to a benefit and the rate of benefit payable at any one time.

    (2) In deciding which parent has the greater responsibility for the child, the chief executive shall have regard primarily to the periods the child is in the care of each parent and then to the following factors:

    • (a) how the responsibility for decisions about the daily activities of the child is shared; and

    • (b) who is responsible for taking the child to and from school and supervising that child's leisure activities; and

    • (c) how decisions about the education or health care of the child are made; and

    • (d) the financial arrangements for the child's material support; and

    • (e) which parent pays for which expenses of the child.

    (3) If the chief executive is unable to ascertain that one parent has the greater responsibility for the child than the other, only the parent whom the chief executive ascertains was the principal caregiver in respect of the child immediately before the parents began living apart shall be entitled to have that child taken into account by the chief executive in assessing that parent's entitlement to a benefit and the rate of benefit payable.

    (4) If the chief executive is unable to ascertain which of the parents has the greater responsibility for the child or which of them was the principal caregiver before the parents began living apart, the parents shall agree between themselves as to which of them shall be entitled to have that child taken into account by the chief executive in assessing entitlement to a benefit and the rate of benefit payable; and until the parents reach agreement the child shall not be taken into account in assessing the entitlement to a benefit of, or the rate of benefit payable to, either parent.

    Section 70B: inserted, on 1 October 1991, by section 18(1) of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

    Section 70B(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 70B(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 70B(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 70B(4): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

71 Special provisions where compensation or damages recoverable by applicant
  • (1) Notwithstanding anything to the contrary in 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, where any person who has recovered or is entitled to recover compensation or damages from any other person in respect of any disability caused by accident or disease or in respect of wrongful or unjustifiable dismissal claims any benefit, the following provisions shall apply:

    • (a) where any compensation or damages have been recovered, the chief executive may refuse to grant a benefit or may grant a reduced benefit for the period of disability or loss of expectation of employment in respect of which the compensation or damages have been paid or are deemed by the chief executive to have been paid; and

    • (b) where any applicant for a benefit has a claim against any person to recover any compensation or damages, the chief executive may grant a benefit subject to the condition that the whole or such part of the benefit as the chief executive may require shall be repaid to the chief executive out of any compensation or damages that may thereafter be recovered, and in any such case the amount of the benefit or that part thereof, as the case may be, shall constitute a charge on the compensation or damages and may be recovered as a debt due to the Crown from the beneficiary or from any person liable for the payment of the compensation or damages.

    (2) For the purposes of this section the expression compensation or damages includes any ex gratia payment made in settlement of or on account of a claim for compensation or damages; but does not include any impairment lump sum received under Schedule 1 of the Accident Compensation Act 2001.

    Compare: 1938 No 7 s 74; 1949 No 38 s 19

    Section 71(1): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

    Section 71(1): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 71(1): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84).

    Section 71(1): amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 71(1): amended, on 1 April 1994, by section 5 of the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).

    Section 71(1): amended, on 30 June 1993, by section 16(a) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

    Section 71(1): amended, on 1 March 1991, by section 25 of the Social Security Amendment Act 1991 (1991 No 1).

    Section 71(1)(a): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 71(1)(a): amended, on 30 June 1993, by section 16(b) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

    Section 71(1)(b): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Section 71(2): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

    Section 71(2): amended, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

71A Deduction of weekly compensation from income-tested benefits
  • (1) Subject to subsection (4), this section applies to a person who is qualified to receive an income-tested benefit (other than New Zealand superannuation or a veteran's pension unless the veteran's pension would be subject to abatement under section 74D of the War Pensions Act 1954) where—

    • (a) the person is entitled to receive or receives weekly compensation in respect of the person or his or her spouse or partner or a dependent child; or

    • (b) the person's spouse or partner receives weekly compensation.

    (2) Where this section applies, the rate of the benefit payable to the person must be reduced by the amount of weekly compensation payable to the person.

    (3) In this section, weekly compensation means weekly compensation for loss of earnings or loss of potential earning capacity payable to the person by the Corporation under the Accident Compensation Act 2001.

    (4) Subsection (2) does not apply where the person—

    • (a) was receiving the income-tested benefit immediately before 1 July 1999 and continues to receive that benefit; and

    • (b) was receiving compensation for loss of earnings or loss of potential earning capacity under the Accident Rehabilitation Compensation and Insurance Act 1992 immediately before that date; and

    • (c) section 71A(2) (as it was before it was repealed and substituted by the Accident Insurance Act 1998) required the compensation payments to be brought to charge as income in the assessment of the person's benefit.

    Section 71A: replaced, on 1 July 1999, by section 415(1) of the Accident Insurance Act 1998 (1998 No 114).

    Section 71A(1): amended, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 71A(1)(a): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 71A(1)(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

    Section 71A(3): replaced, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

    Section 71A(3): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

72 Limitation where applicant receiving another benefit or war pension
  • Notwithstanding anything to the contrary in this Act,—

    • (a) no person is entitled to receive more than 1 benefit in his or her own right, except as provided in sections 39D, 61EA, 61G, 61GA, and 69C, and section 23 of the Social Security (Working for Families) Amendment Act 2004:

    • (b) no person who is granted a pension or allowance under the War Pensions Act 1954 or in respect of whom such a pension or allowance is payable, other than—

      • (i) a pension or allowance granted to that person by reason of his own disablement; or

      • (ia) a pension or payment granted under Part 6 of that Act; or

      • (ii) a pension or a mother's allowance granted to that person as the widow 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; or

      • (iii) an allowance in respect of services rendered as an attendant on a disabled member of the New Zealand or any other Commonwealth forces or of the Emergency Reserve Corps or of the New Zealand mercantile marine,—

      shall be granted any benefit:

      provided also that, if a mother's allowance is payable to a widow under the War Pensions Act 1954, the rate of benefit shall not exceed the benefit that could be paid to that widow if she had no dependent child or children:

      provided further that any person may receive an invalid's benefit or a sickness benefit, or a youth payment or young parent payment granted pursuant to section 158(2)(c)(ii) or 164(2)(c)(ii) to a person who qualifies for an exemption under section 105 from the obligation to undertake education or training or work-based learning in section 170(1)(a) on the ground of his or her sickness, injury, or disability or a child disability allowance, in addition to a child's pension under section 36, section 62, or section 65 of the War Pensions Act 1954:

    • (c) where any part of a benefit is payable in respect of the spouse or partner of an applicant, that part shall not be paid for any period when a personal benefit is payable in respect of the spouse or partner.

    Compare: 1938 No 7 ss 60, 62(b), (c), 63; 1945 No 11 ss 12, 29(c), (d); 1951 No 54 s 17

    Section 72: amended, on 1 July 1998, by section 2(3) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 72(a): replaced, on 3 June 1998, by section 7 of the Social Security Amendment Act (No 2) 1998 (1998 No 60).

    Section 72(a): amended, on 7 July 2010, by section 9 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).

    Section 72(a): amended, on 17 November 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22).

    Section 72(b)(i): amended, on 1 April 1990, by section 14(11)(a) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

    Section 72(b)(ia): inserted, on 15 April 2003, by section 12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

    Section 72(b)(ii): amended, on 20 October 1972, by section 24(2) of the Social Security Amendment Act 1972 (1972 No 133).

    Section 72(b)(iii): amended, on 7 June 1967, by section 2(a) of the Social Security Amendment Act 1967 (1967 No 4).

    Section 72(b) first proviso: repealed, on 1 April 1990, by section 14(11)(b) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

    Section 72(b) second proviso: inserted, on 20 October 1972, by section 24(3) of the Social Security Amendment Act 1972 (1972 No 133).

    Section 72(b) second proviso: amended, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

    Section 72(b) third proviso: inserted, on 20 October 1972, by section 24(3) of the Social Security Amendment Act 1972 (1972 No 133).

    Section 72(b) third proviso: amended, on 1 July 2001, by section 15(1)(d) of the Social Security Amendment Act 2001 (2001 No 1).

    Section 72(b) third proviso: amended, on 1 October 1998, by section 47 of the Social Security Amendment Act 1998 (1998 No 19).

    Section 72(b) third proviso: amended, on 1 September 1998, by section 12(4)(c) of the Social Security Amendment Act 1998 (1998 No 19).

    Section 72(b) third proviso: amended, on 1 January 1998, by section 10(1) of the Social Security Amendment Act (No 3) 1997 (1997 No 23).

    Section 72(b) third proviso: amended, on 11 October 1978, by section 21(2) of the Social Security Amendment Act 1978