Reprint as at 25 October 2016

Coat of Arms of New Zealand

Social Security Act 1964

Public Act
 
1964 No 136
Date of assent
 
4 December 1964
Commencement
 
see section 1(2)
Note

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

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

This Act is administered by the Ministry of Social Development.

Contents

Title
1Short Title and commencement
1APurpose
1BPrinciples
2Administration [Repealed]
3Interpretation
3ADelegation of powers by Minister [Repealed]
3BStatus of examples
3CTransitional and savings provisions relating to amendments to this Act
4Social Security Department [Repealed]
5Chief executive to comply with directions
6Social Security Commission [Repealed]
7Acting Commissioners [Repealed]
8Commissioners, Acting Commissioners, and other officers to be appointed under State Services Act 1962 [Repealed]
9Meetings of Commission [Repealed]
10Delegation of Director-General’s powers [Repealed]
10AReview of decisions of chief executive made under delegation by other decision makers
10BRight of appeal on medical grounds
11Power to obtain information
11APower to obtain information for matching purposes
11BCode of conduct applying to obtaining information under section 11
11CMatters to be included in code of conduct
11DApplication process for benefits
11EPre-benefit activities: requirements
11FPre-benefit activities: department must explain requirements
11GPre-benefit activities: consequences of non-compliance by applicant
11HPre-benefit activities: consequences of non-compliance by applicant’s spouse or partner
12Investigation of claims and grant of benefits
12ASocial Security Appeal Authority
12BTerm of office of members
12CExtraordinary vacancies
12DSpecial Appeal Authorities
12EDeputies of members
12FRemuneration and travelling allowances
12GServices for Appeal Authority
12HAuthority to have seal
12IFunctions of Appeal Authority
12JRights of appeal
12KProcedure on appeal
12LExpenses payable to appellants
12MHearing and determination of appeal
12NSittings of Appeal Authority
12OCosts
12OACosts incurred by Authority
12PNotice of decision
12QAppeals to High Court on questions of law only
12RAppeals to Court of Appeal
12SAppeals to Supreme Court
13National superannuation [Repealed]
14Residential qualification for national superannuation [Repealed]
15Rates of national superannuation [Repealed]
16Special provisions in respect of married couples where one spouse not entitled to national superannuation [Repealed]
17Commencement and payment of national superannuation [Repealed]
18Termination of national superannuation on death of recipient [Repealed]
19Special allowance for South African War veterans [Repealed]
20Additional benefit for South African War veterans [Repealed]
20ASole parent support: meaning of applicant
20BSole parent support: when dependent child may be regarded as applicant’s child
20CSole parent support: split custody
20DSole parent support: standard eligibility requirements
20ESole parent support: obligations on beneficiaries
20FSole parent support: payment
20GSole parent support: rate
20HSole parent support: expiry, and replacement with jobseeker support, when youngest dependent child 14
[Repealed]
21Widows’ benefits [Repealed]
21AWidows’ benefits: pre-benefit activities [Repealed]
22Benefits to wives of mental patients [Repealed]
23Benefits to deserted wives [Repealed]
24Rates of widows’ benefits [Repealed]
25Special provisions as to benefits to deserted wives [Repealed]
26Continuation of benefit to deserted wife after divorce [Repealed]
27Continuation of widow’s benefit when benefit ceases to be payable in respect of children [Repealed]
[Repealed]
27AInterpretation [Repealed]
27BDomestic purposes benefits for solo parents [Repealed]
27BASplit custody [Repealed]
27CDomestic purposes benefits for women alone [Repealed]
27CADomestic purposes benefits under section 27B or 27C: pre-benefit activities [Repealed]
27DApplicants for domestic purposes benefits for women alone to meet residential qualifications in section 74AA [Repealed]
27EContinuation of benefit when benefit ceases to be payable in respect of children [Repealed]
27FSpecial provisions as to maintenance [Repealed]
27GDomestic purposes benefits for care at home of the sick or infirm [Repealed]
27HRates of domestic purposes benefits [Repealed]
[Repealed]
27IInterpretation [Repealed]
27JMaintenance order or agreement suspended while benefit is paid [Repealed]
27KLiable parent to contribute towards cost of benefit and child supplement [Repealed]
27LDirector-General to give liable parent notice of grant of benefit [Repealed]
27MLiable parent to notify Director General of total income, etc [Repealed]
27NDirector-General to assess contribution and notify liable parent [Repealed]
27ONotice of objection [Repealed]
27PGrounds on which objection may be made [Repealed]
27QProcedure to be followed where objection received [Repealed]
27RHearing of objection by court [Repealed]
27SFindings of court [Repealed]
27TAppeal from decisions of courts [Repealed]
27UProceedings not open to public [Repealed]
27VRestriction of publication of reports [Repealed]
27WCosts [Repealed]
27XRecovery of unpaid contributions [Repealed]
27YDeduction notices [Repealed]
27ZEffect of deduction notices [Repealed]
27ZALiability of employer [Repealed]
27ZBProtected earnings [Repealed]
27ZCVariation or discharge of deduction notice [Repealed]
27ZDTransaction fee [Repealed]
27ZEWrongful treatment of employee [Repealed]
27ZFExtent to which deduction notices bind the Crown [Repealed]
27ZGRelief in cases of serious hardship [Repealed]
27ZHReview of contributions [Repealed]
27ZIService of notices, etc, by Director-General [Repealed]
28Orphans’ benefits
29Unsupported child’s benefit
29ARates of orphan’s benefit and unsupported child’s benefit
30Period for which orphan’s benefit payable [Repealed]
31Orphan’s benefit and unsupported child’s benefit to be used for benefit of child
[Repealed]
32Family benefits [Repealed]
33Residential qualifications for family benefit [Repealed]
34Rate of family benefits [Repealed]
35Period for which family benefit payable [Repealed]
36Advance payment of family benefit [Repealed]
37Person to whom family benefit payable [Repealed]
38Family benefit to be expended for maintenance of children [Repealed]
39Payment of family benefit not to restrict right to maintenance, compensation, or damages [Repealed]
39AChild disability allowance
39BRate of child disability allowance
39CMedical examination may be required
39DChild disability allowance not payable with other benefit or pension
39EPerson to whom child disability allowance payable
40ASupported living payment: purpose
40BSupported living payment: on ground of sickness, injury, disability, or total blindness: eligibility and ineligibility
40CSupported living payment: on ground of sickness, injury, disability, or total blindness: medical examination
40DSupported living payment: on ground of caring for patient requiring care: eligibility
40ESupported living payment: on ground of caring for patient requiring care: medical examination
40FSupported living payment: on ground of sickness, injury, disability, or total blindness: beneficiary’s obligations
40GSupported living payment: on ground of sickness, injury, disability, or total blindness: spouse’s or partner’s obligations
40HSupported living payment: on ground of caring for patient requiring care: beneficiary’s obligations
40HASupported living payment: on ground of caring for patient requiring care: spouse’s or partner’s obligations
40ISupported living payment: rates
40JSupported living payment: subsidy on totally blind beneficiaries’ earnings
40KSupported living payment: on ground of sickness, injury, or disability: encouraging open employment
41Residential qualifications for invalids’ benefits [Repealed]
42Rates of invalids’ benefits [Repealed]
42AObligations on spouse or partner of invalid’s beneficiary [Repealed]
44Medical examination of invalids [Repealed]
44ABeneficiary receiving invalid’s benefit may establish whether open employment is sustainable [Repealed]
45Invalids’ beneficiaries may be required to undertake activities [Repealed]
46Refusal to undertake vocational training [Repealed]
[Repealed]
47Procedure for assessment of capacity for work [Repealed]
48Assessment of capacity for work [Repealed]
49Content of assessment [Repealed]
50Effect of assessment [Repealed]
51Reassessment [Repealed]
52Funeral grant on death of miner [Repealed]
53Miners’ widows’ benefits [Repealed]
[Repealed]
53ARight of appeal on medical grounds [Repealed]
[Repealed]
54Sickness benefit: standard eligibility requirements [Repealed]
54ASickness benefit: grounds of hardship [Repealed]
54BSickness benefit: medical examinations [Repealed]
54CSickness benefit: payment [Repealed]
54DRates of sickness benefit [Repealed]
54DASickness beneficiary may be required to comply with work test [Repealed]
54EObligations of spouse or partner of sickness beneficiary [Repealed]
54FTransfer from community wage to sickness benefit on 1 July 2001 [Repealed]
55Rates of sickness benefits [Repealed]
56Medical examination of applicants for sickness benefits [Repealed]
57Period for which sickness benefit payable [Repealed]
58Unemployment benefits [Repealed]
59Rates of unemployment benefits [Repealed]
59AMandatory interview or work test for spouse [Repealed]
59BYoung job seekers’ allowances [Repealed]
59CRates of young job seekers’ allowances [Repealed]
59DSpouse of young job seeker’s allowance recipient [Repealed]
59EPeriod for which young job seeker’s allowance payable [Repealed]
60Commencement of unemployment benefit, etc [Repealed]
[Repealed]
60ATraining benefits: purpose [Repealed]
60AATraining benefits: qualifications [Repealed]
60BRates of training benefits [Repealed]
60CPeriod for which training benefit payable [Repealed]
60DJob search allowance [Repealed]
60ERates of job search allowance [Repealed]
60FIndependent youth benefits: basic qualifications [Repealed]
60FAIndependent youth benefits: single persons [Repealed]
60FBIndependent youth benefits: persons who are married, in civil union, or de facto relationship [Repealed]
60FCIndependent youth benefits: persons enrolled in full-time course of secondary instruction [Repealed]
60FDIndependent youth benefits: sickness, injury, or disability [Repealed]
60GRates of independent youth benefit [Repealed]
60GAAPeriod for which independent youth benefit payable [Repealed]
60GABIndependent youth benefits: obligations [Repealed]
60GACDepartment to explain obligations to beneficiaries [Repealed]
60GADPurpose of sections 60GAE and 60GAF
60GAEBeneficiaries having additional dependent child: general
60GAFChief executive may refrain from applying section 60GAE
60GAGObligations to work with contracted service providers
60GAPurposes of sections 60H to 60M [Repealed]
60HVoluntary unemployment or loss of employment through misconduct, etc
60HAWork preparation exercise [Repealed]
60HBEffect of failure to attend or participate in mandatory interview [Repealed]
60HCBeneficiaries to be work-tested [Repealed]
60HCAGeneral duty of Director-General to ensure that work-tested beneficiaries aware of obligations [Repealed]
60HDPower of Director-General to grant exemption from mandatory interview or work test [Repealed]
60HEPersons exempted from mandatory interview or work test to notify change of circumstances [Repealed]
60HFDelay of work test obligation for existing beneficiaries [Repealed]
60IEffect of redundancy payments, etc, on entitlement to benefits [Repealed]
60JFailure to comply with work test [Repealed]
60JAPenalty for failure to attend or participate in mandatory interview or comply with work test [Repealed]
60JBEffect of recompliance with mandatory interview or work test [Repealed]
60JCReduction of benefit or non-entitlement period to end if person ceases to be subject to mandatory interview or work-testing [Repealed]
60KEffect of undertaking employment [Repealed]
60KAEffect of participation in approved activities [Repealed]
60LEffect of sections 60H to 60J and section 60N on entitlement to supplementary benefits and on spouses [Repealed]
60MCommunity task force scheme [Repealed]
60NEffect of failure to participate in community task force project [Repealed]
60OInterpretation [Repealed]
60PPurposes of section 60Q
60QCertain obligations may be placed on beneficiaries and their spouses and partners
60RDepartment to explain obligations to beneficiaries
60RASocial obligations of certain beneficiaries with dependent children
60RABSocial obligations: definitions, work test obligations exemption grounds, and regulations
60RBSocial obligations: department must explain requirements
60RCSocial obligations: sanctions for failures to comply
60SBeneficiary must demonstrate commitment to employment plan at review [Repealed]
60TDepartment must explain rights and obligations in relation to employment plans [Repealed]
60UFailure to comply with employment plan obligations [Repealed]
60VProcedure for determining whether failure is without good and sufficient reason [Repealed]
60WFailure without good and sufficient reasons [Repealed]
60XProcedure for imposing sanctions [Not in force]
60YSanctions for failure to comply with obligations in relation to employment plan [Repealed]
60ZEffect of compliance or agreement to comply [Repealed]
61Chief executive may grant emergency benefit in cases of hardship
61AASocial obligations of person granted emergency benefit
61AObligations of spouse or partner of person granted emergency benefit
61BSpecial provisions in respect of child supplements [Repealed]
61CSpecial powers of chief executive in respect of maintenance
61CAMaintenance payable to Crown
61CBPayment of benefits during epidemic in New Zealand
61CCGranting of emergency benefits during epidemic in New Zealand
61CDDuring epidemic benefits may be granted without normal investigations
61CEOverseas epidemics affecting visitors to New Zealand
61CFSpecial assistance for visitors affected by overseas epidemics
61DInterpretation
61DARestrictions on payment of funeral grants
61DBPayment of funeral grants where there is a surviving spouse or partner or children
61DCPayment of funeral grants where there is no surviving spouse or partner or children
61DDChildren’s funeral grants
61DEMethod of making payments
61DFMethod of making payments [Repealed]
61DGApplications for lump sum payments after death [Repealed]
61DHPurpose of accommodation supplement
61EInterpretation
61EAAccommodation supplement
61EBSpecial rules for joint tenants who are married, in civil union, or de facto relationship
61ECRates of accommodation supplement
61FRates of accommodation benefit [Repealed]
61FARent rebate entitlement [Repealed]
61FBRate of rebate [Repealed]
61FCTenure protection allowance [Repealed]
61FDRate of tenure protection allowance [Repealed]
61GTemporary additional support
61GAChildcare assistance
61HRates of benefits, etc, may be increased by Order in Council
61HAAnnual CPI adjustment of rates of certain benefits
61IAreas for accommodation supplement purposes may be altered by Order in Council
61IAOrders are confirmable instruments
62Grant of benefit after death of applicant
63Conjugal status for benefit purposes
63AProvisions relating to children who continue education
64Mode of ascertaining income for benefit purposes
65Adjustment of anomalies due to receipt of income subject to income tax [Repealed]
66Exemption of income from friendly or like society
66ASpecial exemption for severe disablement
66BRedundancy and retirement payments not to be taken into account in determining rates of benefits
67Exemption of income from domestic or nursing service [Repealed]
68Exemption of income from former home property
68ASpecial provisions applying to insurance payments
69Power to increase rates of benefits payable to parents of deceased members of the forces or mercantile marine
69ATelephone-service-rental allowance [Repealed]
69BTelevision-licence-fee concessions [Repealed]
69CDisability allowance
69DTransition to work allowance [Repealed]
69EInterpretation [Repealed]
69FFinancial means assessments [Repealed]
69FAFinancial means assessments for home-based disability support services
69GReasonable steps to be taken to obtain overseas pension
69HInformation on rate of overseas pension to be provided
69IDuty of chief executive to assist
70Rate of benefits if overseas pension payable
70ARates of benefits for sole parents may be reduced
70BEntitlement to benefits in cases of shared custody
71Special provisions where compensation or damages recoverable by applicant
71ADeduction of weekly compensation from income-tested benefits
72Limitation where applicant receiving another benefit or pension
73Limitation where applicant entitled to claim under Family Protection Act 1955
74Limitation in certain other cases
74AAResidential requirements for certain benefits
74APersons unlawfully resident or present in New Zealand
75Beneficiaries in hospital
75ABeneficiaries in institutions under Alcoholism and Drug Addiction Act 1966
75BEffect on benefit of warrant to arrest beneficiary
76Forfeiture of benefit during detention in a prison
77Effect of absence of beneficiary from New Zealand: provisions
77AEffect of absence of beneficiary from New Zealand: department must explain provisions
78Effect of absence of beneficiary from New Zealand on residential qualification
79Persons who have had income tax deducted or withheld on earnings from employment overseas to be treated as resident and present in New Zealand
80Commencement of benefits
80AAMinister may allow back-dating of benefit where earlier failure to grant it based on error
80ADuty to advise change of circumstances affecting entitlement to benefit
80BInterpretation
80BACalculation of stand down
80BBDelayed redundancy and retirement payments
80BCSeasonal workers made redundant after benefit commences
80BDEnding of benefits
80BEExpiry and re-grant of specified benefits
80BFRequirements for re-grant of specified benefits
80CEffect of work test on entitlement to supplementary benefits and on spouses or partners
80DBenefit applications by claimants under Accident Compensation Act 2001
81Review of benefits
82Payment of benefits
82ADuty to supply tax file number and consequence of failure to do so
83Apportionment of benefit between spouses or partners
83AAApportionment of benefit between spouses or partners: one is liable for proportion other obtained by fraud if that one knew, or ought to have known, about other’s fraud
83ATax on benefits
84Benefits to be inalienable
84APayment of benefit not to restrict right to maintenance
85Termination of benefit on death of beneficiary [Repealed]
85APayments that are debts due to the Crown: general
85BPayments that are debts due to the Crown: examples
86Recovery of payments made in excess of authorised rates
86AARecovery from spouse or partner of unapportioned excess amount beneficiary obtained by fraud
86ADeduction notices for debt
86BIssue of deduction notice to State sector employer
86CDischarge of debt
86DDeduction notices issued on banks
86EDeductions held in trust
86FOffences in relation to deduction notices
86GProtected earnings
86HVariation or discharge of deduction notice
86IPenalty for late deductions
86JNotices
86KValidation of benefit payments and other payments in respect of certain children in care
87Purposes of this Part [Repealed]
88Overview of this Part [Repealed]
88AInterpretation
88BJobseeker support: standard eligibility requirements
88CJobseeker support: grounds of hardship
88DJobseeker support: ineligibility
88EJobseeker support: on ground of sickness, injury, or disability: medical examination
88FJobseeker support: obligations on beneficiaries
88GJobseeker support: obligations of spouse or partner of person granted it
88HJobseeker support: application for deferral of work test obligations
88IJobseeker support: chief executive’s powers and duties to defer work test obligations
88JJobseeker support: effect of deferral
88KJobseeker support: deferred or exempted people must notify change of circumstances
88LJobseeker support: payment
88MJobseeker support: rates
[Repealed]
89Unemployment benefit: standard eligibility requirements [Repealed]
90Unemployment benefit: grounds of hardship [Repealed]
91Unemployment benefit: ineligibility [Repealed]
92Community wage: application on grounds of sickness, injury, or disability [Repealed]
93Community wage: determination of application [Repealed]
93AAdditional fees for general medical services on public holidays and at night [Repealed]
94Community wage: job seeker contract [Repealed]
94ARural practice bonuses [Repealed]
95Job seeker contract for other beneficiaries [Repealed]
96Community wage: not payable until job seeker contract signed [Repealed]
96AUnemployment benefit: pre-benefit activities [Repealed]
96BDepartment must explain obligations in relation to pre-benefit activities [Repealed]
97Unemployment benefit: obligations on beneficiaries [Repealed]
97AImmunisation benefit [Repealed]
98Unemployment benefit: payment [Repealed]
99Unemployment benefit: rates [Repealed]
99AAUnemployment benefit: expiry [Repealed]
99ABUnemployment benefit: requirements for re-grant [Repealed]
99ATransfer from community wage to unemployment benefit on 1 July 2001 [Repealed]
100Department’s obligations in respect of work testing and community wage [Repealed]
100AExtension of power of use by Crown of patented invention [Repealed]
100BChief executive may require person to undergo assessment
100CReassessment
100DAssessment or reassessment: department must explain requirements
101Purpose of sections 102 to 123D
102Application of work test
102AWork test obligations
102BWork test obligations: drug testing obligations
102CWork test obligations: drug testing obligations on referral to opportunity of suitable employment
102DWork test obligations: drug testing obligations: challenging sanction based solely on failing screening drug test
102EWork test obligations: drug testing obligations: use and communication of drug test results
103Delayed application of work test: age of dependent child [Repealed]
104Delayed application of work test: bereavement or separation [Repealed]
104ATransitional provision dealing with deferrals
105Exemption from obligations
[Repealed]
105ADescription of job seeker agreement and responsibilities arising from it [Repealed]
105BEntering into and reviewing job seeker agreement [Repealed]
105CDepartment to explain to beneficiaries their rights and obligations
105DJob seeker contracts to have effect as job seeker agreements [Repealed]
[Repealed]
106Application for deferral of work-test obligations [Repealed]
107Chief executive may defer work-test obligations [Repealed]
108Effect of deferral [Repealed]
109Persons who are to notify change of circumstances affecting exemption or deferral [Repealed]
[Repealed]
110Defining job seeker development activities [Repealed]
111Assistance provided by department
[Repealed]
112Organised activities to have effect as job seeker development activities [Repealed]
113Procedure for imposing sanctions
114Notices
115Failure to comply with work test [Repealed]
115AFailure to comply with obligations under section 60GAB [Repealed]
116Failure to participate in activity under section 60HA [Repealed]
116AFailure to comply with obligations under section 60Q(2) [Repealed]
116BFailures to comply with obligations
116CGood and sufficient reasons for specified failures to comply
117Sanctions that may be imposed for failures
118Penalties for failure to participate in organised activity to satisfaction of chief executive [Repealed]
119Calculation of failure rate
120Modified effect in some cases of sanctions on rate of benefit for people married or in civil union or de facto relationship
120ACosts incurred by Authority [Repealed]
121Effect of sanctions on benefit of sole parent
122Meaning of recompliance
122ARecomplying after second failure to comply with drug testing obligations
123Effect of ceasing to be subject to obligation to comply with work test or section 170 or 171, social obligation, or work preparation obligation
123AEffect of employment on non-entitlement period
123BEffect of participation in certain activities on non-entitlement period
123CApplication of Health and Safety at Work Act 2015 and Human Rights Act 1993
123DRegulations
123EServices to encourage young persons to move into or remain in education, training, and employment
123FChief executive may enter into information-sharing agreement with chief executive of Ministry of Education
123GConsultation on proposed agreement [Repealed]
123HAgreements to be reviewed after 3 years [Repealed]
124Money payable out of Crown Bank Account
125AAPreferred supply of goods or services for beneficiaries or others
125Advances to beneficiaries and war pensioners for repair or maintenance of home, etc [Repealed]
125AChief executive may contract with service providers
125BContracts with service providers: contents and form
125CRelease of personal information to and by contracted service provider
125DInformation-sharing in relation to young persons
125EChief executive may adopt existing contracts
125FInformation on provision of contracted services to be published
125GActions of contracted service providers in relation to young persons to be treated for certain purposes as if actions of department
125HOperation of certain provisions to be reviewed after 3 years
125IComplaints to Privacy Commissioner
126Cost of repair and replacement of artificial limbs
126AInformation on beneficiaries and former beneficiaries may be disclosed to Ministry of Justice for fines enforcement purposes
126ABDisclosure of personal information to Registrar-General for birth registration purposes
126ACDisclosure to department of warrant to arrest beneficiary for determining effect on benefit
126BCertain grounds of discrimination in Human Rights Act 1993 not to apply
127Offences: false statements, misleading, or attempting to mislead, to receive or continue to receive benefits
127AOffences: spouse or partner benefiting from excess amount knowing, or being reckless about whether, it is obtained by beneficiary’s fraud
128Time for filing charging document
129General penalty for offences
130Exemptions from stamp duty [Repealed]
131Declarations
131ADisclosure of information between Department of Social Welfare and Department of Labour [Repealed]
131BDefinitions for purposes of sections 131C and 131D [Repealed]
131CNotice of decision to suspend, reduce, or cancel work-tested benefit [Repealed]
131DReduction of notice period [Repealed]
131ENotices [Repealed]
131FJurisdiction of Privacy Commissioner [Repealed]
131GPrivacy Commissioner to report on compliance with section 131C [Repealed]
132Regulations
132AARegulations exempting items from treatment as income or cash assets may have retrospective effect
132ABRegulations relating to temporary additional support
132ARegulations providing for issue and use of entitlement cards
132ACRegulations relating to childcare assistance
132ADRegulations on use of disability allowance to fund specified expenses
132BRegulations providing for assessment of financial means of people requiring disability services [Repealed]
132CRegulations relating to overseas pensions
132DRegulations exempting income and assets from assessment of financial means of people requiring certain disability services
132ERegulations relating to work capacity assessment [Repealed]
132FRegulations providing for participation allowance
132GRegulations providing for remittance or suspension of debt
132HRules providing for determination of incomes of certain people by chief executive
132IRules relating to determination by chief executive of deprivation of property or income
132JRegulations stating pre-benefit activities
132KRegulations relating to advance payments of benefit
132LRegulations relating to effect on benefit of warrant to arrest beneficiary
132MRegulations relating to expiry and re-grant of specified benefits
133Annual reports
134Consequential amendment [Repealed]
135Repeals and savings
136AAPurpose of this Part
136ABOverview of this Part
136Interpretation
137Needs assessment
138Effect of being assessed as requiring long-term residential care in hospital or rest home indefinitely
139Personal obligation to pay for care
140Funder’s liability in respect of persons whose assets are above applicable asset threshold or who have not been means assessed
141Funder’s liability in respect of persons whose assets are equal to or below applicable asset threshold
142Funder’s liability in respect of exempt persons and elderly victims of crime
143Residents assessed as requiring care aged 50 to 64 not required to pay out of assets
144Application for means assessment
145Date of means assessment
146Means assessment as to assets
147Means assessment as to income
147ADeprivation of assets and income
148Notice of means assessment (including reviews)
149Obligation to advise change of circumstances and right to apply for review
150Review of means assessment
151Conjugal status for purpose of means assessment
152Maximum contributions set by Gazette notice
153Residential care loan scheme
154Clothing allowance
155Regulations relating to this Part
156Purpose
157Interpretation
158Youth payment: basic criteria
159Youth payment: single young persons
160Youth payment: young persons who are or have been married, or in civil union or de facto relationship
161Youth payment: ground of hardship
162Youth payment: continuation after age 18
163Youth payment: rate and components
164Young parent payment: basic criteria
165Young parent payment: single young persons
166Young parent payment: persons who are or have been married, or in civil union or de facto relationship
167Young parent payment: ground of hardship
168Young parent payment: continuation after turning 20
169Young parent payment: rate and components
170Youth support payments: obligations
171Obligations of, and incentives for, spouses and partners of specified beneficiaries
172Department to explain obligations to young person
173Sanctions for failure by young person receiving youth payment to comply with obligations under section 170
174Sanctions for failure by young person receiving young parent payment to comply with obligations under section 170
174ASanctions for failure by young spouse or partner of specified beneficiary to comply with obligations
174ABSanctions for failure by young person required to receive youth services to comply with obligations
175Effect of sanctions on supplementary benefits
176Sanctions generally
177Effect of sanction on young parent payment
178Incentive payment may be cancelled if young person’s actions inconsistent with purpose
179Money management in relation to youth support payments: general
180Young person beneficiaries may elect money management
181Chief executive may assign contracted service provider to young person
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
Reprint notes

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.

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

Part 1 heading: replaced, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 into or remain in education, training, and employment rather than to receiving financial support under this Act:

(d)

to impose, on the following specified people or young persons, the following specified requirements or obligations:

(i)

on people seeking or receiving financial support under this Act, administrative and, where appropriate, work-related requirements; and

(ii)

on young persons who are seeking or receiving financial support under this Act, educational, budget management, and (where appropriate) parenting requirements; and

(iii)

on people receiving certain financial support under this Act, social obligations relating to the education and primary health care of their dependent children.

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(ca): amended, on 8 July 2016, by section 4 of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 (2016 No 36).

Section 1A(d): replaced, on 15 July 2013, by section 5 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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).

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 any of Parts 1A to 1P or Part 2 (including, without limitation, any such benefit payable under this Act by virtue of an agreement or convention given effect in relation to New Zealand by an order under section 19 of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990); and

(aa)
[Repealed]

(b)

includes—

(i)

New Zealand superannuation payable under the New Zealand Superannuation and Retirement Income Act 2001 and veterans’ pensions payable under Part 6 of the Veterans’ Support Act 2014 (including, without limitation, any New Zealand superannuation, or veteran’s pension, payable under that Act by virtue of an agreement or convention given effect in relation to New Zealand by an order under section 19 of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990):

(ia)
[Repealed]

(ii)
[Repealed]

(iia)

an incentive payment, a youth payment, and a young parent payment:

(iii)

an accommodation supplement payable under section 61EA:

(iv)

a child disability allowance under section 39A:

(iva)

childcare assistance payable under section 61GA:

(ivb)

temporary additional support payable under section 61G:

(v)

a disability allowance payable under section 69C; but

(va)
[Repealed]

(vi)
[Repealed]

(vii)
[Repealed]

(viii)
[Repealed]

(c)

does not include a lump sum payable under section 61DB or section 61DC or section 61DD

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

ceased, in relation to a person’s employment, means—

(a)

subject to paragraph (b), the date on which the person’s employment terminates; or

(b)

if in relation to the termination of employment the person receives—

(i)

any payment in lieu of notice terminating the employment of the person; or

(ii)

any holiday pay; or

(iii)

any payment in lieu of accumulated leave; or

(iv)

any payment contingent on the completion of a fixed-term engagement; or

(v)

any retirement payment (as defined in section 80B(3)),—

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

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

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

(a)

aged 16 years or 17 years; and

(b)

financially independent

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

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

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

(ii)

to whom section 361 of that Act applies; and

(iii)

who, under section 362 of that Act, is placed in the charge of the person:

(d)

for the purposes only of Schedules 3, 3A, 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

(b)

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

(c)

in receipt of payments under a Government-assisted scheme which the chief executive considers analogous to a main benefit under this Act; or

(d)

in receipt of a main 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 constitution to any of its directors; and

(e)

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

(f)

does not include—

(i)

any benefit, grant, allowance, or concession received under this Act or Part 6 of the Veterans’ Support Act 2014 or the New Zealand Superannuation and Retirement Income Act 2001, including the value of any benefit under Part 2 of this Act:

(ii)

any pension or allowance under the Veterans’ Support Act 2014 received by any person by reason of his or her own disablement:

(iii)

any pension received under the Veterans’ Support Act 2014 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:

(xiii)

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

(xiv)

any lump sum payment received by the person—

(A)

under a contract of insurance on the life of the person’s deceased spouse or partner; or

(B)

where the person is a dependent child, under a contract of insurance on the life of his or her deceased parent or step-parent; or

(C)

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

(xv)

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

(A)

to repay or pay any amounts on account of existing debt of the applicant; or

(B)

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

(xvi)

any income-related rent within the meaning of 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)

jobseeker support:

(aa)
[Repealed]

(b)

sole parent support:

(c)

an emergency benefit:

(d)
[Repealed]

(e)

a supported living payment:

(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 under Part 6 of the Veterans’ Support Act 2014 if the pension is subject to abatement under section 171 of that Act:

(g)

an orphan’s benefit:

(h)
[Repealed]

(i)

an unsupported child’s benefit:

(j)
[Repealed]

(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

main benefit under this Act means a benefit that is—

(a)

sole parent support; or

(b)

a supported living payment on the ground of sickness, injury, disability, or total blindness, under section 40B; or

(c)

a supported living payment on the ground of caring for a patient requiring care, under section 40D; or

(d)

jobseeker support; or

(e)

an emergency benefit; or

(f)

a youth payment; or

(g)

a young parent payment

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

NCEA level 2 means a level 2 National Certificate of Educational Achievement issued by the New Zealand Qualifications Authority established under Part 20 of the Education Act 1989

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

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

(a)

became voluntarily unemployed; or

(b)

lost his or her employment, or position on a scheme, through misconduct; or

(c)
[Repealed]

(d)

failed to comply with the work test:

(e)

failed to comply with an obligation under section 170 or 171

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 New Zealand, 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 employment that is not full-time employment, but is employment—

(a)

that is—

(i)

under a contract of service, whether on time or piece rates; or

(ii)

as a self-employed person in any business, profession, trade, manufacture, or undertaking; and

(b)

that—

(i)

averages not less than 15 hours each week over a 3-month period of employment or over the period of employment if that period is shorter than 3 months,—

(A)

in relation to a person granted jobseeker support on the ground of sickness, injury, or disability; or

(B)

for the purposes of sections 11E(2), 88F, 88H(2)(b), and 88I(2)(b); or

(ii)

averages not less than 20 hours each week over a 3-month period of employment or over the period of employment if that period is shorter than 3 months, in any other case

part-time work-tested beneficiary means—

(a)

a person with a youngest dependent child aged 3 or older, but under 14 years, who is—

(i)

a work-tested spouse or partner; or

(ii)

a work-tested sole parent support beneficiary; or

(iii)
[Repealed]

(b)

a person who is granted jobseeker support on the ground of sickness, injury, or disability and who, under section 88F(4), must comply with the work test

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

(b)

any person who is the proprietor of, or employed in,—

(i)

a residence established under the Children, Young Persons, and Their Families Act 1989; or

(ii)
[Repealed]

(iii)

any other institution in which the child is being cared for

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

regular, in relation to work, does not include—

(a)

casual employment; or

(b)

employment on call if there are no specified hours for such employment in the person’s employment contract

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

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

(a)

supervision and support services; and

(b)

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

(c)

services that support daily living (including financial management and gardening); and

(d)

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

(e)

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

(f)

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

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

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

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

sickness includes pregnancy after the 26th week

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

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

(a)

is—

(i)

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

(ii)

not married or in a civil union; and

(b)

is not in a de facto relationship

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

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

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

suitable employment in relation to a person, means employment that the chief executive is satisfied is suitable for the person to undertake for a number of hours a week 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 Veterans’ Support Act 2014

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 couple rate

(a)

means, in relation to jobseeker support, 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 a supported living payment,—

(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 40I(5) 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 jobseeker support (other than jobseeker support on the ground of sickness, injury, or disability); or

(aa)

who is granted jobseeker support on the ground of sickness, injury, or disability, and who, under section 88F(4), must comply with the work test; or

(b)

who is—

(i)

a work-tested spouse or partner; or

(ii)

a work-tested sole parent support beneficiary; or

(iii)
[Repealed]

(iv)
[Repealed]

work-tested benefit

(a)

except in relation to a work-tested sole parent support beneficiary or a beneficiary receiving jobseeker support on the ground of sickness, injury, or disability who is not, under section 88F(4), required to comply with the work test, means jobseeker support; and

(b)

in relation to a work-tested spouse or partner, includes an emergency benefit and a supported living payment; and

(c)

in relation to a work-tested sole parent support beneficiary, means sole parent support under section 20D

(d)
[Repealed]

(e)
[Repealed]

work-tested sole parent support beneficiary means a person—

(a)

who has been granted sole parent support under section 20D; and

(b)

whose youngest dependent child is aged 3 years or older

work-tested spouse or partner means a person—

(a)

who—

(i)

has no dependent child under 3 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 jobseeker support or a supported living payment, (being, in each case, a benefit granted at a work-test couple rate); or

(ii)

both—

(A)

is the spouse or partner of a person granted an emergency benefit at a work-test couple 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

(C)

in receipt of a supported living payment under section 40I(5) or an emergency benefit under regulations under section 155

working day means a day of the week other than—

(a)

a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day; and

(b)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(c)

a day in the period commencing on 25 December in any year and ending with 15 January in the following year; and

(d)

the day observed as the anniversary day of the appropriate province

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

young person,—

(a)

in sections 1A(ca) and 123E,—

(i)

means a person who is aged at least 15 years but is under the age of 18 years; and

(ii)

includes a person aged 18 years or over who continues to receive services under section 123E(2); and

(b)

in all other cases,—

(i)

means a person who is aged at least 16 years but is under the age of 20 years; and

(ii)

includes—

(A)

a person aged 20 years or over in respect of whom a young parent payment continues under section 168; and

(B)

a person aged 20 years or over to whom obligations in section 170(1) continue to apply under section 171(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 Part 6 of the Veterans’ Support Act 2014 or the New Zealand Superannuation and Retirement Income Act 2001, the income of any person who—

(a)

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

(b)

is aged 60 years or more and whose spouse 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 retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013) 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 couple 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 5 December 2013, by section 15(2) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).

Section 3(1) benefit paragraph (a): amended, on 15 July 2013, by section 137 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Section 3(1) benefit paragraph (b)(i): amended, on 5 December 2013, by section 15(3) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).

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): repealed, on 2 September 2013, by section 16(1) of the Social Assistance (Living Alone Payments) Amendment Act 2013 (2013 No 11).

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 15 July 2013, by section 81(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 financially independent paragraph (c): amended, on 15 July 2013, by section 61(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 financially independent paragraph (d): amended, on 15 July 2013, by section 61(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 (d)(v): amended, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

Section 3(1) income paragraph (f)(i): amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Section 3(1) income paragraph (f)(i): amended, on 5 December 2013, by section 15(5)(a) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).

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)(ii): amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Section 3(1) income paragraph (f)(iii): amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

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 14 April 2014, by section 25 of the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 (2013 No 97).

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 (a): amended, on 15 July 2013, by section 128(1)(a) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) income-tested benefit paragraph (aa): repealed, on 15 July 2013, by section 99(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) income-tested benefit paragraph (b): amended, on 15 July 2013, by section 85(1)(a) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 (e): amended, on 15 July 2013, by section 96(1)(a) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) income-tested benefit paragraph (f): replaced, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

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 (j): repealed, on 15 July 2013, by section 70(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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) main benefit under this Act: inserted, on 15 July 2013, by section 6(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) married rate: repealed, on 15 July 2013, by section 6(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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) NCEA level 2: inserted, on 8 July 2016, by section 5(1) of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 (2016 No 36).

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 in New Zealand: amended, on 15 July 2013, by section 6(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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: replaced, on 1 April 2016, by section 4(1) of the Social Security Amendment Act (No 2) 2015 (2015 No 116).

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) part-time work-tested beneficiary paragraph (a): amended, on 1 April 2016, by section 4(2) of the Social Security Amendment Act (No 2) 2015 (2015 No 116).

Section 3(1) part-time work-tested beneficiary paragraph (a)(ii): amended, on 15 July 2013, by section 85(2)(a) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) part-time work-tested beneficiary paragraph (a)(iii): repealed, on 15 July 2013, by section 70(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) part-time work-tested beneficiary paragraph (b): replaced, on 15 July 2013, by section 99(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) pay day: replaced, on 1 April 1990, by section 37(1)(a) of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) 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 (Reciprocity Agreements, and New Zealand Artificial Limb Service) 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) veteran’s pension: amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Section 3(1) work preparation exercise: repealed, on 15 July 2013, by section 98(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 couple rate: amended, on 15 July 2013, by section 6(4) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-test couple rate paragraph (a): amended, on 15 July 2013, by section 113(1)(a) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-test couple rate paragraph (a): amended, on 15 July 2013, by section 128(1)(b) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-test couple rate paragraph (b): amended, on 15 July 2013, by section 96(1)(b) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-test couple rate paragraph (b)(ii): amended, on 15 July 2013, by section 87(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 beneficiary paragraph (a): replaced, on 15 July 2013, by section 99(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested beneficiary paragraph (aa): inserted, on 15 July 2013, by section 99(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested beneficiary paragraph (b)(ii): amended, on 15 July 2013, by section 85(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested beneficiary paragraph (b)(iii): repealed, on 15 July 2013, by section 70(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested beneficiary paragraph (b)(iv): repealed, on 15 July 2013, by section 99(4) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 benefit paragraph (a): amended, on 15 July 2013, by section 70(4)(a) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested benefit paragraph (a): amended, on 15 July 2013, by section 70(4)(b) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested benefit paragraph (a): amended, on 15 July 2013, by section 99(5) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested benefit paragraph (a): amended, on 15 July 2013, by section 128(1)(c) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested benefit paragraph (b): amended, on 15 July 2013, by section 96(1)(c) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested benefit paragraph (b): amended, on 15 July 2013, by section 99(6) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested benefit paragraph (c): amended, on 15 July 2013, by section 70(5) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested benefit paragraph (c): amended, on 15 July 2013, by section 85(2)(b) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested benefit paragraph (d): repealed, on 15 July 2013, by section 99(7) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested benefit paragraph (e): repealed, on 15 July 2013, by section 70(6) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested domestic purposes beneficiary: repealed, on 15 July 2013, by section 70(7) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested sickness beneficiary: repealed, on 15 July 2013, by section 99(8) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested sole parent support beneficiary: inserted, on 15 July 2013, by section 70(8) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested sole parent support beneficiary paragraph (b): amended, on 1 April 2016, by section 4(3) of the Social Security Amendment Act (No 2) 2015 (2015 No 116).

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 1 April 2016, by section 4(4) of the Social Security Amendment Act (No 2) 2015 (2015 No 116).

Section 3(1) work-tested spouse or partner paragraph (b)(i): amended, on 15 July 2013, by section 64(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested spouse or partner paragraph (b)(i): amended, on 15 July 2013, by section 96(1)(d) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested spouse or partner paragraph (b)(i): amended, on 15 July 2013, by section 99(9) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested spouse or partner paragraph (b)(i): amended, on 15 July 2013, by section 128(1)(d) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested spouse or partner paragraph (b)(ii)(A): amended, on 15 July 2013, by section 64(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested spouse or partner paragraph (b)(iii)(C): amended, on 15 July 2013, by section 87(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested spouse or partner paragraph (b)(iii)(C): amended, on 15 July 2013, by section 96(1)(d) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) work-tested widow’s beneficiary: repealed, on 15 July 2013, by section 70(9) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 3(1) working day: replaced, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

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) young person: replaced, on 25 October 2016, by section 5(2) of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 (2016 No 36).

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 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Section 3(3): amended, on 5 December 2013, by section 15(5)(b) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).

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): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

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 15 July 2013, by section 64(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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).

3B Status of examples

(1)

An example used in an enactment in or made under this Act is only illustrative of the provisions to which it relates. It does not limit those provisions.

(2)

If an example and a provision to which it relates are inconsistent, the provision prevails.

Section 3B: inserted, on 15 July 2013, by section 7 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

(1)

The transitional and savings provisions set out in Schedule 32, which relate to amendments to this Act that come into force on or after 1 July 2001, have effect for the purposes of this Act.

(2)

The transitional and savings provisions relating to, or to the provisions of, the amendment Acts specified in the first column of the following table are set out in the Parts of Schedule 32 specified in the second column of that table:

Amendment Act or provisions of itSchedule 32 Part
Social Security Amendment Act 2001Part 1
Social Security (Benefit Categories and Work Focus) Amendment Act 2013Part 2
Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014Part 3
Social Security Amendment Act (No 2) 2015Part 4
Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016Part 5

Section 3C: replaced, on 7 July 2014, by section 14 of the Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 (2014 No 21).

Section 3C(2) table: amended, on 8 July 2016, by section 6 of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 (2016 No 36).

Section 3C(2) table: amended, on 1 April 2016, by section 5 of the Social Security Amendment Act (No 2) 2015 (2015 No 116).

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).

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

Part 1A heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Ministerial directions

Heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 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.

(3)

A direction given under this section for the purposes of all or any of sections 60RAB(1)(b), 125AA(5), and 132AD(4)(c) (other than a direction of that kind that relates exclusively to an individual)—

(a)

is not a legislative instrument for the purposes of the Legislation Act 2012; but

(b)

is a disallowable instrument for the purposes of the Legislation Act 2012, and must be presented to the House of Representatives in accordance with section 41 of that Act.

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 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Section 5(1): amended, on 5 December 2013, by section 15(4)(a) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).

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).

Section 5(3): replaced, on 5 August 2013, by section 8(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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).

Reviews by benefits review committee

Heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

10A Review of decisions of chief executive made under delegation by other decision makers

(1)

This section applies to a person and a decision both of which are specified in any 1 of the rows of the following table, but only if the decision is made by a decision maker in the exercise of any power, function, or discretion conferred on the decision maker by delegation:

RowPersonDecision
1

An applicant or a beneficiary

A decision of the chief executive made in relation to the applicant or beneficiary under any enactment referred to in any of the paragraphs of section 12J(1) (other than a decision referred to in section 12J(2) or (3))

2

An applicant or beneficiary or other person

A decision of the chief executive made—

(a)

in relation to the applicant or beneficiary or other person; and

(b)

using a power under section 19D(1)(a) of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 (referred to in section 12J(7))

3

A beneficiary’s spouse or partner

A decision of the chief executive made—

(a)

in relation to the beneficiary’s spouse or partner; and

(b)

under section 86(3) (referred to in section 12J(8), and including the component decisions specified in section 12J(9))

4

The personal representative of a deceased beneficiary

A decision of the chief executive made—

(a)

in relation to the estate of the deceased beneficiary; and

(b)

under section 86(4) (referred to in section 12J(10))

5

The personal representative of a beneficiary’s deceased spouse or partner

A decision of the chief executive made—

(a)

in relation to the estate of the beneficiary’s deceased spouse or partner; and

(b)

under section 86(5) (referred to in section 12J(11), and including the decision specified in section 12J(12))

6

A beneficiary’s spouse or partner

A decision of the chief executive made—

(a)

in relation to the beneficiary’s spouse or partner; and

(b)

under section 86AA (referred to in section 12J(13), and including the decision specified in section 12J(14))

(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)

[Repealed]

(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:

(c)

shall not be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 by reason only of his or her membership of the benefits review committee.

(5)

All secretarial and administrative services required for the purposes of the review committee shall be supplied by the department.

(6)

At any meeting of the review committee the quorum shall be the total membership, and the decision of any 2 members of the review committee shall be the decision of the committee.

(7)

No officer of the department shall act as a member of the review committee if that officer was involved in the decision being reviewed.

(8)

As soon as practicable after receiving an application for review the review committee shall review the decision and may, in accordance with this Act, confirm, vary, or revoke the decision.

(9)

On reaching a decision on any review, the review committee shall give written notification of its decision to the applicant for review and shall include in the notification—

(a)

the reasons for the review committee’s decision; and

(b)

advice that the applicant has a right of appeal against the decision to the Social Security Appeal Authority.

Section 10A: inserted, on 23 June 1987, by section 4 of the Social Security Amendment Act 1987 (1987 No 106).

Section 10A heading: amended, on 7 July 2014, by section 4(1) of the Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 (2014 No 21).

Section 10A(1): replaced, on 7 July 2014, by section 4(2) of the Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 (2014 No 21).

Section 10A(1) table: amended, on 8 July 2016, by section 7 of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 (2016 No 36).

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): repealed, on 7 July 2014, by section 4(3) of the Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 (2014 No 21).

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).

Appeals to medical board

Heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

10B Right of appeal on medical grounds

(1)

Any applicant or beneficiary affected may appeal to the Board against a decision of the chief executive made in relation to the applicant or beneficiary that is—

(a)

a decision that a claim for a child disability allowance is declined, or that any such allowance is cancelled, in either case on the ground that the child is not a child with a serious disability (within the meaning of section 39A(1) and (2)); or

(b)

a decision that a claim for a supported living payment on the ground of sickness, injury, disability, or total blindness is declined, or that any such benefit is cancelled, in either case on medical grounds; or

(c)

a decision under section 60Q(1)(bb) that a person in receipt of a supported living payment on the ground of sickness, injury, disability, or total blindness has the capacity to comply with obligations under section 60Q(3); or

(d)

a decision under section 60Q(1)(bc) that a person in receipt of a supported living payment on the ground of caring for a patient requiring care has the capacity to comply with obligations under section 60Q(3); or

(e)

a decision that a claim for jobseeker support on the ground of sickness, injury, or disability is declined on medical grounds or on grounds relating to a person’s capacity for work, or that a person’s jobseeker support on the ground of sickness, injury, or disability is cancelled on medical grounds or on grounds relating to the person’s capacity for work; or

(f)

a determination under section 88F(2) that a jobseeker support beneficiary on the ground of sickness, injury, or disability has, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work, and so is required to comply with the work test on and after a date specified in a notice under section 88F(4); or

(g)

a confirmation, amendment, revocation, or replacement under section 88F(6) of a determination, and that results in a determination of the kind specified in paragraph (f) of this subsection; or

(h)

a decision on medical grounds under section 88I(2) to decline an application under section 88H(2) by a beneficiary granted jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability) for deferral of all or any of the beneficiary’s work test obligations; or

(i)

a decision on medical grounds under section 88I(7) to revoke a deferral granted under section 88I of all or any work test obligations of a beneficiary granted—

(i)

jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability); or

(ii)

jobseeker support granted on the ground of sickness, injury, or disability; or

(j)

any of the following made in reliance on any work ability assessment by a health practitioner under section 100B:

(i)

a determination whether the person assessed is entitled to a benefit and, if so, what kind of benefit:

(ii)

a determination whether the person assessed, being a person in receipt of jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability), is entitled on an application under section 88H, or under section 88I(4), to deferral of work test obligations under section 88I:

(iii)

a determination whether the person assessed, being a person in receipt of jobseeker support on the ground of sickness, injury, or disability, has for the purposes of section 88F(2) the capacity to seek, undertake, and be available for part-time work:

(iv)

a determination whether the person assessed, being a person who is subject to work test obligations or work preparation obligations under section 60Q, has the capacity to meet those obligations; or

(k)

a decision under section 116C(2)(a) to the effect that a beneficiary does not have a good and sufficient reason, on the ground that the beneficiary is addicted to, or dependent on, controlled drugs, for either or both:

(i)

not complying with a drug testing obligation under section 102B(1):

(ii)

failing to apply for suitable employment that requires candidates to undertake drug tests; or

(l)

a decision to decline a claim for a veteran’s pension under section 164 of the Veterans’ Support Act 2014, or to cancel any such pension, in either case on the ground of the applicant’s or beneficiary’s mental or physical infirmity.

(2)

An appeal under this section must be made within—

(a)

3 months after the decision has been communicated to that person; or

(b)

any further period the Board may (if it considers there is good reason for the delay) allow on application made before or after the end of that 3-month period.

(3)

The chief executive is bound by the Board’s decision on an appeal under this section.

(4)

The Board is to comprise 3 members to be appointed by the chief executive for the particular purpose, being medical practitioners, rehabilitation professionals (as defined in subsection (5)), or other persons having appropriate expertise in the fields of vocational training or vocational support for persons with sickness, injury, or disability.

(5)

Rehabilitation professional, in subsection (4), means a person who is—

(a)

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

(b)

a nurse; or

(c)

an occupational therapist; or

(d)

a physiotherapist; or

(e)

a psychologist.

Section 10B: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 10B(1): amended, on 8 July 2016, by section 8 of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 (2016 No 36).

Section 10B(1)(l): amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Information and information-matching

Heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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—

(a)

determining whether a person who is receiving, or has received, or made a claim for, a benefit or payment under this Act or under Part 6 of the Veterans’ Support Act 2014 or under the New Zealand Superannuation and Retirement Income Act 2001 or under a welfare programme approved by the Minister under section 124(1)(d) of this Act is or was entitled to receive that benefit or that payment; or

(b)

determining the rate of benefit or payment that is or was applicable to that person; or

(c)

determining whether a person who has been issued with, or has made a claim for, an entitlement card under regulations in force under section 132A, is or was entitled to be issued with that card; or

(d)

conducting or reviewing a means assessment under Part 4 (relating to payment for contracted care services as defined in section 136), or determining whether any such means assessment is correct; or

(da)

determining, pursuant to section 69FA, the amount that any person is required to pay towards the cost of the home-based disability support services supplied to that person, and whether a person who has been so assessed is entitled to that assessment; or

(e)

ascertaining the financial circumstances or whereabouts of any person who is indebted to the Crown under—

(i)

this Act; or

(ii)

sections 27I to 27ZI (except section 27X) of, and Schedule 20 of, this Act (as preserved by section 256(1) of the Child Support Act 1991); or

(iii)

section 61CA of this Act; or

(f)

discharging the chief executive’s functions under this Act or under any regulations in force under this Act or under the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 or Part 6 of the Veterans’ Support Act 2014 or under the New Zealand Superannuation and Retirement Income Act 2001 or under any welfare programme approved by the Minister under section 124(1)(d) of this Act.

(3)

A person who—

(a)

refuses or fails without reasonable excuse to comply with a notice under this section to the extent that the person is capable of complying with it; or

(b)

in purported compliance with such a notice knowingly or recklessly furnishes information which is false or misleading in any material particular, or attempts to do so,—

commits an offence and is liable on 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 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Section 11(2)(a): amended, on 5 December 2013, by section 15(6)(a) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).

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 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 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Section 11(2)(f): amended, on 5 December 2013, by section 15(4)(c) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).

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 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

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).

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

Heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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) and (4).

(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 ordinarily 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 (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990.

(9A)

Subsection (8) does not apply to an application for—

(a)

New Zealand superannuation, if section 31(4) of the New Zealand Superannuation and Retirement Income Act 2001 applies; or

(b)

a veteran’s pension, if section 191(4) of the Veterans’ Support Act 2014 applies.

(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 sections 11E, 11G, and 11H.

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).

Section 11D(6): amended, on 15 July 2013, by section 130 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 11D(9): amended, on 5 December 2013, by section 15(4)(d) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).

Section 11D(9): amended, on 15 July 2013, by section 9 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 11D(9A): inserted, on 1 July 2015, by section 12 of the Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015 (2015 No 61).

Section 11D(12): amended, on 15 July 2013, by section 67 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

11E Pre-benefit activities: requirements

(1)

This section applies to a person if the person is—

(a)

a person who contacts the department on or after 15 July 2013 requesting financial assistance under this Act, if the chief executive considers that the appropriate financial assistance would be a benefit that is—

(i)

jobseeker support; or

(ii)

sole parent support; or

(iii)

an emergency benefit; or

(b)

the spouse or partner (if, and only if, he or she is a spouse or partner who is not receiving or applying for a main benefit under this Act (as defined in section 3(1)), New Zealand superannuation, or a veteran’s pension, in his or her own right) of a person who contacts the department on or after 15 July 2013 requesting financial assistance under this Act, if the chief executive considers that the appropriate financial assistance would be a benefit that is—

(i)

jobseeker support; or

(ii)

a supported living payment on the ground of sickness, injury, disability, or total blindness; or

(iii)

an emergency benefit.

(2)

The chief executive may (for the purpose stated in section 1A(a)(ii)) require a person to whom this section applies (unless the chief executive has determined that the person has not the capacity to seek, undertake, and be available for part-time work) to do any or all of the following:

(a)

undertake 1 or more stated pre-benefit activities:

(b)

at any time before the benefit to which subsection (1)(a) or (b) applies commences, attend and participate in any interview for an opportunity of suitable employment to which the person is referred by the chief executive:

(c)

at any time before the benefit to which subsection (1)(a) or (b) applies commences, accept any offer of suitable employment (whether or not the offer results from an interview of the kind described in paragraph (b)).

(3)

Pre-benefit activity, in this section and sections 11F to 11H, means an activity that is not an activity in the community (as defined in section 3(1)), but is all or any of the following:

(a)

attending and participating in an employment related seminar provided by the department or by any other person approved by the chief executive for the purpose:

(b)

attending and participating in employment related training approved by the chief executive for the purpose:

(c)

attending and participating in any interview with an officer of the department:

(d)

completing any self-assessment or planning required by the chief executive:

(e)

any other activity stated in regulations under section 132J.

(4)

Suitable employment, for the purposes of subsection (2),—

(a)

in relation to a person who has a dependent child aged under 14 years, and to whom this section applies by virtue of subsection (1)(a)(ii) or (b), means employment that would be suitable employment within the meaning of section 3(1) if he or she were a part-time work-tested beneficiary:

(b)

in relation to a person for whom the chief executive considers that the appropriate financial assistance under this Act would be jobseeker support on the ground of sickness, injury, or disability, means employment that would be suitable employment within the meaning of section 3(1) if he or she were a part-time work-tested beneficiary:

(c)

in relation to any other person, means employment that would be suitable employment within the meaning of section 3(1) if he or she were a work-tested beneficiary.

(5)

A requirement under subsection (2) may be oral or written and, in the case only of a requirement under subsection (2)(a), may be revoked orally or in writing in accordance with subsection (7).

(6)

A pre-benefit activity stated under subsection (2)(a) must be available for the person to undertake not later than 10 working days after the date of first contact.

(7)

The chief executive may revoke a requirement that the person undertake a pre-benefit activity under subsection (2)(a) if, and only if, the chief executive considers the requirement is no longer reasonable.

Section 11E: inserted, on 15 July 2013, by section 10 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

11F Pre-benefit activities: department must explain requirements

The chief executive must take reasonable and appropriate steps to make every person on whom any requirements are placed under section 11E(2) aware of the following:

(a)

the person’s obligations in relation to the requirements; and

(b)

the consequences of failure to comply with the requirements; and

(c)

when a requirement is to be, or has been, revoked, and when the revocation takes, or took, effect.

Section 11F: inserted, on 15 July 2013, by section 10 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

(1)

In this section,—

applicant means a person to whom section 11E(1)(a) applies

specified benefit means the benefit to which section 11E(1)(a) applies.

(2)

The chief executive is not required to investigate under section 12 a claim for the specified benefit made by the applicant unless satisfied that the applicant has undertaken any required pre-benefit activities.

(3)

Subsection (2) applies whether or not the applicant has completed the form of application for the specified benefit.

(4)

If the applicant fails to undertake any required pre-benefit activities within 20 working days after the date of first contact, any application for the specified benefit the applicant has made lapses.

(5)

Subsection (4) overrides section 11D(7).

(6)

This subsection applies to an applicant if the chief executive considers that the applicant has, without a good and sufficient reason, failed to comply with a requirement under section 11E(2)(b) or (c).

(7)

If subsection (6) applies to an applicant, the chief executive must, as the case requires,—

(a)

refuse to grant the applicant the specified benefit; or

(b)

terminate any grant of the specified benefit already made to the applicant.

Section 11G: inserted, on 15 July 2013, by section 10 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

(1)

In this section,—

applicant means a person who contacts the department in accordance with section 11E(1)(b)

applicant’s spouse or partner means an applicant’s spouse or partner to whom section 11E(1)(b) applies

specified benefit means the benefit to which section 11E(1)(b) applies.

(2)

This subsection applies to an applicant’s spouse or partner if the chief executive considers that the applicant’s spouse or partner—

(a)

has failed to undertake a required pre-benefit activity within 20 working days after the date of the applicant’s first contact; or

(b)

has failed without a good and sufficient reason to comply with a requirement under section 11E(2)(b) or (c).

(3)

If subsection (2) applies to an applicant’s spouse or partner, the applicant receives the following (if all or any of them is granted) at the following rate or rates only:

(a)

the specified benefit—half of the rate of that benefit payable to a beneficiary who is married or in a civil union or in a de facto relationship whose spouse or partner is not granted a benefit in his or her own right:

(b)

the accommodation supplement, temporary additional support, or both (if any), to which the applicant and the applicant’s spouse or partner would apart from this subsection be entitled—half of the otherwise applicable rate or rates.

(4)

Subsection (3) overrides other provisions of this Act but does not preclude a review under section 81.

Section 11H: inserted, on 15 July 2013, by section 10 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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.

(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(1): amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

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).

Appeals to Appeal Authority

Heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

12J Rights of appeal
Decisions or determinations under specified social assistance enactments

(1)

An applicant or beneficiary may appeal to the Appeal Authority against any decision or determination of the chief executive made in relation to the applicant or beneficiary under—

(a)

any of the provisions of Parts 1A to 1P, Part 2, Part 4, or Part 5; or

(b)

a welfare programme approved by the Minister under section 124(1)(d); or

(c)
[Repealed]

(cb)

Part 6 of the Veterans’ Support Act 2014, subject to section 175(2) of that Act; or

(d)

Part 1 of the New Zealand Superannuation and Retirement Income Act 2001; or

(f)

any regulations in force under section 132A or 155 of this Act.

(2)

No appeal lies under subsection (1)(a) against a decision under section 88I(2) or (7) against which an appeal lies under section 10B(1)(h) or (i) to the medical board.

(3)

No appeal lies under subsection (1)(a) against a decision under section 116C(2)(a) against which an appeal lies under section 10B(1)(k) to the medical board.

(4)

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.

(5)

For the purposes of subsection (1), a decision or determination is not made in relation to an applicant or a beneficiary by reason only that the decision or determination has an economic or other effect on the applicant or beneficiary.

(6)

A beneficiary’s spouse or partner—

(a)

may appeal to the Appeal Authority against a decision by the chief executive that section 83AA applies to the beneficiary in respect of a benefit apportioned under section 83(1) or (2) or against any component decision that some or all of the benefit paid to the spouse or partner—

(i)

is an amount in excess of the amount to which the spouse or partner is by law entitled or is an amount to which the spouse or partner has no entitlement; or

(ii)

is an amount obtained by fraud by the spouse or partner; but

(b)

may not appeal against a decision or determination of the chief executive that relates only to the temporary deferral, rate, or method or methods of debt recovery from the beneficiary.

Decisions under mutual assistance provisions in reciprocity agreements

(7)

An applicant or beneficiary or other person may appeal to the Appeal Authority against a decision 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 (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990.

Decisions under section 86(3) to recover excess amount from spouse or partner

(8)

A beneficiary’s spouse or partner may appeal to the Appeal Authority against a decision that was made by the chief executive under section 86(3) to recover from that spouse or partner (under sections 85A and 86(1)) an amount in excess of the amount to which the beneficiary was by law entitled.

(9)

A decision referred to in subsection (8), and made by the chief executive under section 86(3), includes, without limitation, the following component decisions:

(a)

the decision that, in the chief executive’s opinion, the beneficiary’s spouse or partner has made a false statement to or otherwise misled any officer engaged in the administration of this Act, in relation to any matter:

(b)

the decision that, as a result of the beneficiary’s spouse or partner making a false statement to or otherwise misleading any officer engaged in the administration of this Act, the benefit or an instalment of benefit was paid in excess of the amount to which the beneficiary was by law entitled.

Decisions under section 86(4) to recover excess amount from deceased beneficiary’s estate

(10)

The personal representative of a deceased beneficiary may appeal to the Appeal Authority against a decision that was made by the chief executive under section 86(4) to recover from the beneficiary’s estate (under sections 85A and 86(1)) an amount in excess of the amount to which the beneficiary was by law entitled.

Decisions under section 86(5) to recover excess amount from deceased spouse’s or partner’s estate

(11)

The personal representative of a beneficiary’s deceased spouse or partner may appeal to the Appeal Authority against a decision that was made by the chief executive under section 86(5) to recover from that spouse’s or partner’s estate (under sections 85A and 86(1)) an amount in excess of the amount to which the beneficiary was by law entitled.

(12)

Subsection (11) gives the personal representative of a beneficiary’s deceased spouse or partner, without limitation, a right to appeal against the decision that the beneficiary was paid an amount in excess of the amount to which he or she was by law entitled.

Decisions under section 86AA to recover excess amount from spouse or partner

(13)

A beneficiary’s spouse or partner may appeal to the Appeal Authority against a decision that was made by the chief executive under section 86AA to recover from that spouse or partner (under sections 85A and 86(1)) an unapportioned amount in excess of the amount to which the beneficiary was by law entitled or to which the beneficiary has no entitlement.

(14)

Subsection (13) gives the beneficiary’s spouse or partner, without limitation, a right to appeal against the decision that the beneficiary obtained by fraud an amount in excess of the amount to which the beneficiary was by law entitled or to which the beneficiary has no entitlement.

Debt recovery decisions include related decisions on deferral, rate, and methods

(15)

A reference in this section to a decision to recover an amount from a person or estate includes, without limitation, all related decisions on all or any of the temporary deferral, rate, or method or methods, of debt recovery from the person or estate.

General restriction on appeals under this section

(16)

A decision cannot be appealed against under any other provision of this section unless the decision—

(a)

has been confirmed or varied by a benefits review committee under section 10A; or

(b)

was made by the chief executive other than pursuant to a delegation.

Authority is not authorised to hear and determine certain appeals on medical or capacity grounds

(17)

The Appeal Authority does not have the authority to hear and determine any appeal on medical grounds, grounds relating to incapacity, or grounds relating to capacity for work, against any decision or determination of the chief executive in respect of—

(a)

a supported living payment on the ground of sickness, injury, disability, or total blindness; or

(b)

a child disability allowance under section 39A; or

(c)

a veteran’s pension under section 70 of the War Pensions Act 1954; or

(d)

jobseeker support on the ground of sickness, injury, or disability.

Section 12J: replaced, on 7 July 2014, by section 5 of the Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 (2014 No 21).

Section 12J(1): amended, on 8 July 2016, by section 9(1) of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 (2016 No 36).

Section 12J(1)(c): repealed, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Section 12J(1)(cb): inserted, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Section 12J(5): replaced, on 8 July 2016, by section 9(2) of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 (2016 No 36).

Section 12J(6): replaced, on 8 July 2016, by section 9(2) of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 (2016 No 36).

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 person to whom section 12J gives the right to appeal against 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)(a): replaced, on 7 July 2014, by section 15 of the Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 (2014 No 21).

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 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).

Section 12N(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

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).

Appeals to courts

Heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

Subpart 8 of Part 6 of the Criminal Procedure Act 2011 applies as far as applicable with the necessary modifications to a determination of the High Court on an appeal under section 12Q as if the determination had been made under section 300 of that Act.

Section 12R: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

12S Appeals to Supreme Court

(1)

Any party to a proceeding under section 12Q or 12R in which a determination of the High Court or the Court of Appeal has been made 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).

Section 12S(1): replaced, on 8 July 2016, by section 10 of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 (2016 No 36).

13 National superannuation
[Repealed]

Section 13: repealed, on 1 April 1990, by section 14(18) of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) 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 (Reciprocity Agreements, and New Zealand Artificial Limb Service) 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 (Reciprocity Agreements, and New Zealand Artificial Limb Service) 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 (Reciprocity Agreements, and New Zealand Artificial Limb Service) 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 (Reciprocity Agreements, and New Zealand Artificial Limb Service) 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).

Part 1B Sole parent support

Part 1B heading: inserted, on 15 July 2013, by section 12 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

20A Sole parent support: meaning of applicant

Applicant, in this section and sections 20B to 20H and Schedule 3A, means a person who is any of the following:

(a)

a person who is the mother or father of 1 or more dependent children and who is living apart from, and has lost the support of or is being inadequately maintained by, the person’s spouse or partner:

(b)

a single person who is the mother or father of 1 or more dependent children:

(c)

a person whose marriage or civil union has been dissolved, and who is the mother or father of 1 or more dependent children:

(d)

a person who is the mother or father of 1 or more dependent children and who has lost the regular support of the person’s spouse or partner because that spouse or partner is subject to a sentence of imprisonment and is—

(i)

serving the sentence in a prison (as defined in section 3(1) of the Corrections Act 2004); or

(ii)

subject to release conditions (as defined in section 4(1) of the Parole Act 2002) that prevent him or her undertaking employment:

(e)

a person who is the mother or father of 1 or more dependent children and who has lost the regular support of the person’s spouse or partner because that spouse or partner 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 that spouse or partner from undertaking employment:

(f)

a person who is the mother or father of 1 or more dependent children and whose spouse or partner has died.

Section 20A: inserted, on 15 July 2013, by section 12 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

The chief executive may, in his or her discretion, regard a dependent child as being a child of an applicant, and the applicant as being the mother or father of the child, for the purposes of sections 20A and 20C to 20H and Schedule 3A, if—

(a)

the child—

(i)

is being maintained by the applicant; and

(ii)

was at any time maintained by the applicant’s spouse or partner; or

(b)

neither an orphan’s benefit nor an unsupported child’s benefit is payable in respect of the child, but—

(i)

section 28(a) is complied with for each of the child’s natural or adoptive parents; or

(ii)

section 29(b) is complied with for care for the child and full provision for the child’s support; or

(c)

the child’s parents are unwilling to support the child because of circumstances the chief executive considers exceptional.

Section 20B: inserted, on 15 July 2013, by section 12 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

20C Sole parent support: split custody

(1)

This section applies to the parents of 2 or more dependent children if—

(a)

the parents are living apart; and

(b)

each parent is the principal caregiver of 1 or more of the children; and

(c)

but for this section, both parents would be entitled to sole parent support.

(2)

Only 1 of the 2 parents is entitled to sole parent support, and the parent who is entitled to sole parent support must be—

(a)

the parent already receiving sole parent support in respect of any of the children; or

(b)

the parent who 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 sole parent support 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 does not apply if each parent has become the principal caregiver in respect of at least 1 child under 1 or more orders—

(a)

made by a court of competent jurisdiction; and

(b)

about the role of providing day-to-day care for children.

(4)

Child, in this section, 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 20C: inserted, on 15 July 2013, by section 12 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

20D Sole parent support: standard eligibility requirements

(1)

An applicant is entitled to sole parent support if the chief executive is satisfied that the applicant—

(a)

meets the residential requirements in section 74AA; and

(b)

is aged 20 years or over; and

(c)

is caring for a dependent child who is, or dependent children 1 or more of whom is or are, aged under 14 years; and

(d)

is either—

(i)

a person in section 20A(a), (b), (c), or (f) who is not living together with his or her spouse or partner (if any), or the other parent (if any) of that dependent child or of all or any of those dependent children; or

(ii)

(2)

Subsection (1) is subject to the other provisions of this Act.

Section 20D: inserted, on 15 July 2013, by section 12 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 20D(1)(b): amended, on 25 October 2016, by section 11 of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 (2016 No 36).

20E Sole parent support: obligations on beneficiaries

A person who has been granted and receives sole parent support under section 20D must—

(a)

comply with any obligation arising under section 60Q; and

(b)

if he or she is a person to whom section 60RA applies, comply with the person’s social obligations under section 60RA(3); and

(c)

if he or she is a work-tested sole parent support beneficiary, comply with the work test.

Section 20E: inserted, on 15 July 2013, by section 12 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

20F Sole parent support: payment

(1)

Sole parent support commences in accordance with section 80.

(2)

Sole parent support must be paid in weekly instalments, in accordance with section 82.

(3)

Payment of sole parent support may be suspended or cancelled in accordance with sections 80 to 82.

(4)

Subsection (3) does not limit any other provision in this Act.

Section 20F: inserted, on 15 July 2013, by section 12 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

20G Sole parent support: rate

(1)

Sole parent support must be paid to a person granted that benefit at the rate in Schedule 3A.

(2)

Subsection (1) is subject to the other provisions of this Act.

Section 20G: inserted, on 15 July 2013, by section 12 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

(1)

An applicant’s sole parent support under section 20D expires on the date that the applicant’s youngest dependent child turns 14 years old.

(2)

But the applicant’s sole parent support is replaced with jobseeker support under section 88B that—

(a)

commences on that date; and

(b)

is deemed to be granted to him or her under section 88B as if he or she had applied for it.

(3)

However, if the chief executive believes on reasonable grounds that the applicant would not be eligible for jobseeker support on the date that the applicant’s youngest dependent child turns 14 years old,—

(a)

the applicant is not transferred by subsection (2) to jobseeker support; and

(b)

the chief executive must instead invite the applicant to apply for jobseeker support in accordance with section 11D.

(4)

Obligations or exemptions that immediately before the expiry under this section of the applicant’s sole parent support under section 20D apply to the applicant continue after that expiry in respect of jobseeker support to which the applicant is transferred by subsection (2), but only if those obligations or exemptions are all or any of the following:

(a)

obligations under sections 60GAG, 60RA, 60Q(2), 100B, 102, and 102A:

(b)

exemptions under section 105 (other than any exemption that, under regulations made under section 123D(a), is not available to a person receiving jobseeker support).

(5)

This section does not preclude a review under section 81 of whether the applicant satisfies the conditions of entitlement for jobseeker support under section 88B.

Section 20H: inserted, on 15 July 2013, by section 12 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Widows’ benefits[Repealed]

Heading: repealed, on 15 July 2013, by section 12 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

21 Widows’ benefits
[Repealed]

Section 21: repealed, on 15 July 2013, by section 12 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

Section 21A: repealed, on 15 July 2013, by section 12 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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
[Repealed]

Section 24: repealed, on 15 July 2013, by section 12 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 (1990 No 26).

Domestic purposes benefits[Repealed]

Heading: repealed, on 15 July 2013, by section 13 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

27A Interpretation
[Repealed]

Section 27A: repealed, on 15 July 2013, by section 13 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

27B Domestic purposes benefits for solo parents
[Repealed]

Section 27B: repealed, on 15 July 2013, by section 13 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

27BA Split custody
[Repealed]

Section 27BA: repealed, on 15 July 2013, by section 13 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

27C Domestic purposes benefits for women alone
[Repealed]

Section 27C: repealed, on 15 July 2013, by section 13 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

Section 27CA: repealed, on 15 July 2013, by section 13 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

Section 27D: repealed, on 15 July 2013, by section 13 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 (Reciprocity Agreements, and New Zealand Artificial Limb Service) 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
[Repealed]

Section 27G: repealed, on 15 July 2013, by section 14 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

27H Rates of domestic purposes benefits
[Repealed]

Section 27H: repealed, on 15 July 2013, by section 14 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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).

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

Part 1C heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 (Reciprocity Agreements, and New Zealand Artificial Limb Service) 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).

Part 1D Child disability allowance

Part 1D heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

39A Child disability allowance

(1)

For the purposes of this section and of sections 39B to 39E, 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 15 July 2013, by section 88 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 Veterans’ Support Act 2014, apart from a children’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(b): amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

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).

Part 1E Supported living payment

Part 1E heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

40A Supported living payment: purpose

(1)

The purpose of the supported living payment is to provide income support to people because they are people who fall within any one of the following 3 categories:

(a)

people who 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:

(b)

people who are totally blind:

(c)

people who are required to give full-time care and attention at home to some other person (other than their spouse or partner) who is a patient requiring care.

(2)

The purpose in subsection (1) is to be considered in the context of—

(a)

the expectation that people of working age support themselves directly or indirectly through employment; and

(b)

the fact that other measures are available for people who are temporarily unable to support themselves.

Section 40A: inserted, as section 39F, on 1 September 1998, by section 13 of the Social Security Amendment Act 1998 (1998 No 19).

Section 40A section number: replaced, on 15 July 2013, by section 15(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40A heading: replaced, on 15 July 2013, by section 15(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40A(1): amended, on 15 July 2013, by section 15(3)(a) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40A(1): amended, on 15 July 2013, by section 15(3)(b) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40A(1)(a): amended, on 15 July 2013, by section 15(4) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40A(1)(b): amended, on 15 July 2013, by section 15(5) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40A(1)(c): inserted, on 15 July 2013, by section 15(6) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40A(2): replaced, on 15 July 2013, by section 15(7) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

(1)

A person is entitled to the supported living payment under this section if he or she satisfies the criteria in subsections (1A) and (1B), and—

(aa)
[Repealed]

(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 arising (in either case) from accident or existing from birth.

(1A)

An applicant for the supported living payment under this section must be aged at least 16 years.

(1B)

An applicant for the supported living payment under this section must meet the residential requirements in section 74AA.

(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 40K.

(4)

A person who is not both permanently and severely restricted in his or her capacity for work must not be granted a supported living payment under this section, unless he or she is totally blind.

(5)

A person must not be granted a supported living payment under this section 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)

[Repealed]

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

Section 40B section number: replaced, on 15 July 2013, by section 16(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40B heading: replaced, on 15 July 2013, by section 16(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40B(1): amended, on 15 July 2013, by section 16(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40B(1)(aa): repealed, on 15 July 2013, by section 16(4) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40B(1)(b): amended, on 15 July 2013, by section 16(5) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40B(1)(b): amended, on 15 July 2013, by section 16(6) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40B(1A): inserted, on 15 July 2013, by section 16(7) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40B(1B): inserted, on 15 July 2013, by section 16(7) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

Section 40B(3A): amended, on 15 July 2013, by section 16(8) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40B(4): amended, on 15 July 2013, by section 16(9) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40B(5): amended, on 15 July 2013, by section 16(9) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40B(6): repealed, on 15 July 2013, by section 16(10) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

(1)

This section applies to a person who is an applicant for, or a person in receipt of, a supported living payment on the ground of sickness, injury, disability, or total blindness.

(2)

The chief executive may require the applicant or beneficiary 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.

(3)

The medical practitioner or psychologist must certify whether, in the medical practitioner’s or psychologist’s opinion, the applicant or beneficiary is, or is not, or whether there is doubt about whether the applicant or beneficiary is or is not,—

(a)

permanently and severely restricted in his or her capacity for work; or (as the case may be)

(b)

totally blind.

(4)

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

(5)

A certificate given under this section must, in the case of doubt referred to in subsection (3), 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 40C: inserted, on 15 July 2013, by section 17 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

(1)

A person is entitled to a supported living payment under this section if he or she satisfies the criteria in subsections (2) and (3), and the chief executive is satisfied that the person is required to give full-time care and attention at home to some other person (other than the person’s spouse or partner) (in this section and sections 40E, 40H, and 40HA called the patient) who would otherwise have to receive care that is, or is equivalent to,—

(a)

hospital care, rest home care, or residential disability care, within the meaning of the Health and Disability Services (Safety) Act 2001; or

(b)

care of the kind referred to in section 141 of the Children, Young Persons, and Their Families Act 1989 (which is a section relating to care of severely disabled children and young persons).

(2)

An applicant must not be granted a supported living payment 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 20 years.

(3)

An applicant for a supported living payment under this section must meet the residential requirements in section 74AA.

(4)

A benefit granted under this section may, in the chief executive’s discretion, be continued for a period not exceeding 28 days even though the patient was not during that period in the full-time care of the beneficiary.

Section 40D: inserted, on 15 July 2013, by section 17 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40D(2)(b): amended, on 25 October 2016, by section 12 of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 (2016 No 36).

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

(1)

Every application for a supported living payment on the ground of care at home for a patient requiring care must be supported by the certificate of a medical practitioner certifying—

(a)

that the patient requires the applicant’s full-time care and attention; and

(b)

that, but for that care and attention, the patient would have to receive care that is, or that is equivalent to, care of a kind specified in section 40D(1)(a) or (b).

(2)

The chief executive may, in the chief executive’s discretion, require that the patient be examined by a medical practitioner to be nominated for the purpose by the chief executive.

(3)

A medical practitioner nominated under subsection (2) must determine whether the patient would, but for the applicant’s full-time care and attention, have to receive care that is, or is equivalent to, care of a kind specified in section 40D(1)(a) or (b).

Section 40E: inserted, on 15 July 2013, by section 17 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

A person who is granted a supported living payment on the ground of sickness, injury, disability, or total blindness, must,—

(a)

if section 60Q(1)(bb) applies to the person, comply with any requirements under section 60Q(3); and

(b)

if he or she is a person to whom section 60RA applies, comply with the person’s social obligations under section 60RA(3).

Section 40F: inserted, on 15 July 2013, by section 17 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

(1)

This section applies to the spouse or partner of a person granted a supported living payment on the ground of sickness, injury, disability, or total blindness.

(2)

A person to whom this section applies—

(a)

must comply with all obligations arising under section 60Q; and

(b)

if he or she is a person to whom section 60RA applies, must comply with the person’s social obligations under section 60RA(3); and

(c)

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

Section 40G: inserted, on 15 July 2013, by section 17 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

A person who is granted a supported living payment on the ground of care at home for a patient requiring care, must,—

(a)

if section 60Q(1)(bc) applies to the person, comply with any requirements under section 60Q(3); and

(b)

if he or she is a person to whom section 60RA applies, comply with the person’s social obligations under section 60RA(3).

Section 40H: inserted, on 15 July 2013, by section 17 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

A person must comply with the person’s social obligations under section 60RA(3) if the person—

(a)

is a person with 1 or more dependent children; and

(b)

is the spouse or partner of (whether or not receiving all or any of the benefit instead of, or as well as) the person who is granted a benefit that is a supported living payment on the ground of care at home for a patient requiring care; and

(c)

is not a young person on whom obligations are placed under section 171(1) or (2).

Section 40HA: inserted, on 15 July 2013, by section 17 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

40I Supported living payment: rates

(1)

A supported living payment must be paid to a person granted that benefit at the appropriate rate in Schedule 6.

(2)

Subsection (1) is subject to the provisions of this Act.

(3)

This subsection applies to a person who is married or in a civil union or in a de facto relationship and—

(a)

has a psychiatric, intellectual, physical, or sensory disability; and

(b)

is receiving long-term residential care in a hospital or rest home because he or she has that disability; but

(c)

has not been means assessed under Part 4.

(4)

A supported living payment payable to a person to whom subsection (3) applies is not apportioned under section 83 and must be paid, despite subsection (1), at half of the appropriate rate in Schedule 6.

(5)

A supported living payment payable to the spouse or partner of a person to whom subsection (3) applies (being a spouse or partner who is not receiving long-term residential care in a hospital or rest home) is not apportioned under section 83 and must be paid, despite subsection (1), at the rate in Schedule 6 that would be appropriate if he or she were entitled to a supported living payment in his or her own right and were single.

Section 40I: inserted, on 15 July 2013, by section 18 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

In addition to the benefit computed as provided in section 40I, there shall be payable to every person who for the time being is in receipt of a supported living payment 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 40J (former section 43) section number: replaced, on 15 July 2013, by section 19(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40J heading: replaced, on 15 July 2013, by section 19(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40J: amended, on 15 July 2013, by section 89 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40J: amended, on 15 July 2013, by section 96(1)(e) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 40J proviso: amended, on 1 April 1991, by section 11(1) of the Social Security Amendment Act 1991 (1991 No 1).

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

(1)

The purpose of this section is to encourage specified recipients of a supported living payment 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 a supported living payment granted on the ground of permanent and severe restriction of capacity for work; but

(b)

is with the chief executive’s agreement undertaking open employment for a period agreed with the chief executive in order to establish whether the person can sustain open employment.

(3)

The period of open employment agreed with the chief executive under subsection (2)(b) must not exceed 26 weeks (even if that employment is, or is expected to be, for a period that is longer than the agreed period).

(4)

A person to whom subsection (2) applies does not lose his or her entitlement to a supported living payment by reason only of working 15 or more hours a week in open employment during the agreed period.

Section 40K: inserted, on 15 July 2013, by section 20 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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
[Repealed]

Section 42: repealed, on 15 July 2013, by section 18 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

Section 42A: repealed, on 15 July 2013, by section 18 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

44 Medical examination of invalids
[Repealed]

Section 44: repealed, on 15 July 2013, by section 20 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

Section 44A: repealed, on 15 July 2013, by section 20 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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[Repealed]

Heading: repealed, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

53A Right of appeal on medical grounds
[Repealed]

Sections 53A: repealed, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Sickness benefits[Repealed]

Heading: repealed, on 15 July 2013, by section 21 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

54 Sickness benefit: standard eligibility requirements
[Repealed]

Section 54: repealed, on 15 July 2013, by section 21 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

54A Sickness benefit: grounds of hardship
[Repealed]

Section 54A: repealed, on 15 July 2013, by section 21 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

54B Sickness benefit: medical examinations
[Repealed]

Section 54B: repealed, on 15 July 2013, by section 21 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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
[Repealed]

Section 54D: repealed, on 15 July 2013, by section 21 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

Section 54DA: repealed, on 15 July 2013, by section 21 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

Section 54E: repealed, on 15 July 2013, by section 21 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

Section 54F: repealed, on 15 July 2013, by section 21 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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).

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).

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).

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

Part 1F heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 sole parent support, a supported living payment, jobseeker support, 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.

(1A)

Subsection (1) does not apply to a person at a time when—

(a)

there is in force under section 19(1) of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 an order declaring that the provisions contained in an agreement or convention with the government of another country set out in a schedule to the order have force and effect so far as they relate to New Zealand; and

(b)

he or she is ordinarily resident in that country.

(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 sole parent support beneficiary, and work-tested spouse or partner in section 3(1) and section 60Q(1) or for the purposes of section 20D(1)(c) (which relates to eligibility for sole parent support) 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 3 or 14 (and if so, how many).

(3)

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

(3A)

In applying subsection (2) to a beneficiary of a kind specified in one of the following paragraphs for the purposes only of section 20D(1)(c) (which relates to eligibility for sole parent support), “An additional dependent child aged 1 or over” must be read as “An additional dependent child at all times after that child is born”:

(a)

a beneficiary transferred to jobseeker support by clause 2(11) of Schedule 32:

(b)

a beneficiary whose sole parent support under section 20D expired on the date that the beneficiary’s youngest dependent child turned 14 years old, and has been replaced with jobseeker support, under section 20H.

(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).

Section 60GAE(1)(a): amended, on 15 July 2013, by section 71(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60GAE(1)(a): amended, on 15 July 2013, by section 85(1)(b) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60GAE(1)(a): amended, on 15 July 2013, by section 96(1)(f) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60GAE(1)(a): amended, on 15 July 2013, by section 113(2)(a) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60GAE(1)(a): amended, on 15 July 2013, by section 128(1)(e) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60GAE(1A): inserted, on 15 July 2013, by section 22(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60GAE(1A)(a): amended, on 5 December 2013, by section 15(4)(f) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).

Section 60GAE(2): amended, on 15 July 2013, by section 22(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60GAE(2): amended, on 15 July 2013, by section 71(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60GAE(2): amended, on 15 July 2013, by section 71(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60GAE(2)(b): amended, on 1 April 2016, by section 6 of the Social Security Amendment Act (No 2) 2015 (2015 No 116).

Section 60GAE(3A): inserted, on 15 July 2013, by section 22(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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).

60GAG Obligations to work with contracted service providers

(1)

A person who is receiving in his or her own right, or as the spouse or partner of the person granted the benefit concerned, an emergency benefit, sole parent support, supported living payment, or jobseeker support, is subject to the following obligations:

(a)

when required by the chief executive, to attend and participate in any interview with a contracted service provider specified by the chief executive:

(b)

when required by the chief executive, to attend and participate in any assessment of the person undertaken on behalf of the chief executive by a contracted service provider specified by the chief executive:

(c)

when required by the chief executive, to co-operate with a contracted service provider specified by the chief executive in facilitating the provision of the services that the provider has been contracted to provide in relation to the person’s obligations under all or any of the following:

(i)

section 60Q (work preparation obligations):

(ii)

section 60RA(3) (social obligations):

(iii)

conditions (subject to which an emergency benefit is granted or continued) that the chief executive thinks fit to impose, or determines, under section 61(1) or (3):

(iv)

section 102A (work test obligations):

(d)

when required by the chief executive, to report to a contracted service provider specified by the chief executive on the person’s compliance with the person’s obligations under this Act as often as, and in the manner that, the provider reasonably requires.

(2)

The chief executive must take reasonable and appropriate steps to make every person on whom obligations are imposed under subsection (1) aware of—

(a)

those obligations; and

(b)

the consequences of failure to comply with those obligations.

(3)

A person who fails without a good and sufficient reason to comply with an obligation imposed on the person under subsection (1) is subject to the sanctions under section 117.

Section 60GAG: inserted, on 15 July 2013, by section 23 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 jobseeker support on the ground of sickness, injury, or disability if, on the grant of that benefit, the chief executive would be able to determine, under section 88F(2), that the person has, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work (as defined in section 3(1)); or

(b)

a person who is the spouse or partner of an applicant for a couple 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) is a debt due to the Crown under section 85A(b), and subject to recovery under section 86(1) (chief executive’s duty to recover debt referred to in section 85A), from the person.

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): replaced, on 15 July 2013, by section 101 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60H(2)(b): amended, on 15 July 2013, by section 64(4) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 7 July 2014, by section 16 of the Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 (2014 No 21).

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
[Repealed]

Section 60HA: repealed, on 15 July 2013, by section 24 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 20D (sole parent support) and has a youngest dependent child under the age of 3 years; or

(b)
[Repealed]

(ba)

is a sole parent with a dependent child under the age of 1 year, and is a recipient of a benefit under section 88B (jobseeker support) instead of a benefit under section 20D (sole parent support) solely because that child is an additional dependent child (within the meaning of section 60GAE(1)); or

(bb)

is the recipient of a benefit under section 40B (supported living payment on the ground of sickness, injury, disability, or total blindness) if the chief executive is satisfied that the person has the capacity to comply with obligations under subsection (3); or

(bc)

is the recipient of a benefit under section 40D (supported living payment on the ground of caring for patient requiring care) if the chief executive is satisfied that the person has the capacity to comply with requirements under subsection (3); or

(c)

is the spouse or partner of a person who—

(i)

is the recipient of an emergency benefit, a supported living payment, or jobseeker support; and

(ii)

has a youngest dependent child aged under 3 years.

(1A)

This section also applies (despite subsection (1)) to a person who—

(a)

is a work-tested beneficiary (other than one to whom subsection (1)(ba) applies); and

(b)

has been granted under section 88I a deferral of the person’s work test obligations.

(1B)

The chief executive may require a recipient of a benefit under section 40B or 40D to attend and participate in an interview with an officer of the department, or other person on behalf of the chief executive, for the purpose of helping the chief executive to determine under subsection (1)(bb) or (bc) whether the recipient has the capacity to comply with obligations under subsection (3).

(2)

A person to whom this section applies (other than a person to whom subsection (1)(bb) or (bc) 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 (including, without limitation, a person to whom subsection (1)(bb) or (bc) applies)

(a)

to undertake planning for employment:

(aa)

to attend and participate in an interview (other than one for the purpose specified in subsection (1B)) with an officer of the department or other person on behalf of the chief executive:

(ab)

to report to the department or to any other person acting on behalf of the chief executive on the person’s compliance with the person’s obligations under this section as often as, and in the manner that, the chief executive reasonably requires:

(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).

Section 60Q(1)(a): amended, on 1 April 2016, by section 7(1) of the Social Security Amendment Act (No 2) 2015 (2015 No 116).

Section 60Q(1)(a): amended, on 15 July 2013, by section 72(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60Q(1)(b): repealed, on 15 July 2013, by section 72(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60Q(1)(ba): inserted, on 15 July 2013, by section 25(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60Q(1)(bb): inserted, on 15 July 2013, by section 25(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60Q(1)(bc): inserted, on 15 July 2013, by section 25(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60Q(1)(c)(i): amended, on 15 July 2013, by section 96(1)(g) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60Q(1)(c)(i): amended, on 15 July 2013, by section 113(2)(b) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60Q(1)(c)(i): amended, on 15 July 2013, by section 128(1)(f) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60Q(1)(c)(ii): amended, on 1 April 2016, by section 7(2) of the Social Security Amendment Act (No 2) 2015 (2015 No 116).

Section 60Q(1A): inserted, on 15 July 2013, by section 25(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60Q(1B): inserted, on 15 July 2013, by section 25(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60Q(2): amended, on 15 July 2013, by section 25(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60Q(3): amended, on 15 July 2013, by section 25(4) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60Q(3)(aa): inserted, on 15 July 2013, by section 25(5) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60Q(3)(ab): inserted, on 15 July 2013, by section 25(5) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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).

60RA Social obligations of certain beneficiaries with dependent children

(1)

This section applies to a person if the person—

(a)

is a person with 1 or more dependent children; and

(b)

is the person granted a benefit that is jobseeker support, sole parent support, a supported living payment, or an emergency benefit, or is the spouse or partner of (whether or not receiving all or any of the benefit instead of, or as well as) that person; and

(c)

is not a young person on whom obligations are placed under section 171(1) or (2).

(2)

A dependent child (as defined in section 3(1)) of a person granted a benefit described in subsection (1)(b) is (despite section 3) for the purposes of this section and of all related provisions in this Act (for example, for the purposes of section 60RC) also a dependent child of that person’s spouse or partner (if any).

(3)

A person to whom this section applies has the following social obligations:

(a)

to take all reasonable steps to ensure that every dependent child aged 3 years or more but less than 5 years and who is not enrolled at and regularly attending a registered school (as defined in section 2(1) of the Education Act 1989) is—

(i)

enrolled in a recognised early childhood education programme (as defined in section 60RAB(1)); and

(ii)

attending that programme to the minimum extent prescribed, or otherwise in the manner prescribed, for the purposes of this subparagraph by regulations made under section 132; and

(b)

to take all reasonable steps to ensure that every dependent child aged 5 years or more but less than 6 years, and who is not a dependent child in respect of whom the person would qualify for an exemption from some or all of the person’s work test obligations on the active teaching out of school grounds in section 60RAB(2), is—

(i)

enrolled in a recognised early childhood education programme (as defined in section 60RAB(1)) and attending that programme to the minimum extent prescribed, or otherwise in the manner prescribed, for the purposes of this subparagraph by regulations made under section 132; or

(ii)

enrolled at a registered school (as defined in section 2(1) of the Education Act 1989) and regularly attending that registered school; and

(c)

to take all reasonable steps to ensure that every dependent child aged 6 years or more but less than 16 years is (except insofar as the child is excepted or exempted from the requirements of sections 20 and 25 of the Education Act 1989)—

(i)

enrolled at a registered school (as defined in section 2(1) of that Act); and

(ii)

regularly attending that registered school; and

(d)

to take all reasonable steps to ensure that every dependent child is enrolled with a primary health care provider (for example, a primary health organisation, or a medical practitioner whose scope of practice is or includes general practice); and

(e)

to take all reasonable steps to ensure that every dependent child under the age of 5 years is up to date with core checks (as defined in section 60RAB(4)) under—

(i)

the programme that immediately before 15 July 2013 was known as Well Child; or

(ii)

any similar programme established in its place; and

(f)

when required by the chief executive, to attend and participate in any interview with an officer of the department or other person on behalf of the chief executive; and

(g)

when required by the chief executive, to report to the department or to any other person acting on behalf of the chief executive on the person’s compliance with the person’s social obligations as often as, and in the manner that, the chief executive reasonably requires.

Section 60RA: inserted, on 15 July 2013, by section 26 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

(1)

Recognised early childhood education programme, in section 60RA and this section, means—

(a)

an approved early childhood education programme (as defined for the purposes of section 60RA(3) in regulations made under section 132AC); or

(b)

an early childhood education programme approved by the chief executive having regard to all relevant approval criteria (if any) prescribed for the purposes of this paragraph in any general or special directions given to the chief executive in writing by the Minister under section 5; or

(c)

a programme of early childhood education provided by a school that is currently designated under section 152(1) of the Education Act 1989 as a correspondence school.

(2)

The active teaching out of school grounds mentioned in section 60RA(3)(b) on which a person to whom section 60RA applies would qualify for an exemption from some or all of the person’s work test obligations in respect of a dependent child (aged 5 years or more but less than 6 years) of the person, are the grounds specified in—

(a)

regulation 6(2)(c) of the Social Security (Exemptions under Section 105) Regulations 1998; or

(b)

an enactment that, with or without modification, replaces, or that corresponds to, that enactment.

(3)

Regulations made under section 132 that prescribe, for the purposes of section 60RA(3)(a)(ii) and (b)(i), the minimum extent of, or other required manner of, attending a recognised early childhood education programme may, without limitation,—

(a)

prescribe, for all or any recognised early childhood programmes, target numbers of hours of attendance:

(b)

prescribe different minimum numbers of hours of attendance for all or any different recognised early childhood programmes.

(4)

Core check, for a child and a programme to which section 60RA(3)(e) applies, means a check—

(a)

of the child’s health and well-being; and

(b)

done under, and identified in contract or funding arrangements as an essential part of, the programme; and

(c)

funded, directly or indirectly, through Vote Health.

Section 60RAB: inserted, on 15 July 2013, by section 26 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

60RB Social obligations: department must explain requirements

The chief executive must take reasonable and appropriate steps to make every beneficiary who has social obligations under section 60RA(3) aware of—

(a)

the beneficiary’s social obligations under section 60RA(3); and

(b)

the consequences of failure to comply with them.

Section 60RB: inserted, on 15 July 2013, by section 26 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

60RC Social obligations: sanctions for failures to comply

(1)

A beneficiary who fails without good and sufficient reason to comply with a social obligation is, except as provided in subsections (2) and (3), subject to the sanctions in section 117.

(2)

A beneficiary’s failure to comply with the social obligation in section 60RA(3)(c) (which relates to specified dependent children being enrolled at and regularly attending a registered school) cannot be the subject of sanctions under section 117 if that failure is the subject of a prosecution commenced against the beneficiary, and not withdrawn before it is finally determined, for an offence against—

(a)

section 24(1) of the Education Act 1989 (failure to enrol); or (as the case requires)

(b)

section 29(1) of the Education Act 1989 (irregular attendance).

(3)

Before giving the beneficiary a notice under section 113, and imposing a sanction under section 117, for a beneficiary’s failure to comply with a social obligation under section 60RA(3), the chief executive must first be satisfied that, on at least 3 previous occasions, the department has had communication (of any kind, and in any manner) with the beneficiary in respect of the beneficiary’s compliance with, or an actual or potential failure of the beneficiary to comply with, any social obligation of the beneficiary.

(4)

This subsection applies to a beneficiary on whom sanctions in section 117 have been imposed in respect of a failure by the beneficiary without good and sufficient reason to comply with a social obligation.

(5)

The chief executive may give a beneficiary to whom subsection (4) applies a notice (to be delivered in accordance with section 86J) to the effect that the department is to intensify its case management support in respect of the beneficiary.

(6)

A beneficiary to whom a notice under subsection (5) has been delivered in accordance with section 86J must, when required by the chief executive, attend and participate in any interview with an officer of the department.

Section 60RC: inserted, on 15 July 2013, by section 26 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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).

Part 1G Emergency benefits

Part 1G heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 a main benefit under this Act, New Zealand superannuation, or a veteran’s pension:

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 a supported living payment, sole parent support, or jobseeker support:

provided also that, where the chief executive is of the opinion that a person applying for or in receipt of a supported living payment, sole parent support, or jobseeker support 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 a supported living payment, sole parent support, or jobseeker support; 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 jobseeker support under section 88C or a youth payment under section 161 or a young parent payment under section 167.

(1B)

[Repealed]

(1C)

[Repealed]

(1D)

[Repealed]

(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 15 July 2013, by section 61(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 15 July 2013, by section 73 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 61(1) first proviso: amended, on 15 July 2013, by section 96(1)(h) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 61(1) first proviso: amended, on 15 July 2013, by section 113(1)(b) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 61(1) first proviso: amended, on 15 July 2013, by section 128(1)(g) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 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 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 15 July 2013, by section 73 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 61(1) second proviso: amended, on 15 July 2013, by section 96(1)(h) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 61(1) second proviso: amended, on 15 July 2013, by section 113(1)(b) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 61(1) second proviso: amended, on 15 July 2013, by section 128(1)(g) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 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 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 15 July 2013, by section 102 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 61(1A): amended, on 15 July 2013, by section 121 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 61(1A): amended, on 15 July 2013, by section 128(1)(h) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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(1B): repealed, on 15 July 2013, by section 27(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 61(1C): repealed, on 15 July 2013, by section 27(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 61(1D): repealed, on 15 July 2013, by section 27(2) 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).

61AA Social obligations of person granted emergency benefit

A person must comply with the person’s social obligations under section 60RA(3) if the person—

(a)

is a person with 1 or more dependent children; and

(b)

is a person granted a benefit that is an emergency benefit; and

(c)

is not a young person on whom obligations are placed under section 171(1) or (2).

Section 61AA: inserted, on 15 July 2013, by section 28 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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 couple 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 couple 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 3 or older but under 14 years; or

(b)

full-time employment, in any other case.

(2)

A person to whom this section applies—

(a)

must comply with—

(i)

a requirement under section 60Q; and

(ii)

any other obligation arising under any of sections 60Q to 60S; or

(b)

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

(3)

A person must comply with the person’s social obligations under section 60RA(3) if the person—

(a)

is a person with 1 or more dependent children; and

(b)

is the spouse or partner of (whether or not receiving all or any of the benefit instead of, or as well as) a person granted a benefit that is an emergency benefit; and

(c)

is not a young person on whom obligations are placed under section 171(1) or (2).

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 15 July 2013, by section 64(5) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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(1A): amended, on 15 July 2013, by section 64(5) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 61A(1A)(a): amended, on 1 April 2016, by section 8 of the Social Security Amendment Act (No 2) 2015 (2015 No 116).

Section 61A(2): replaced, on 24 September 2007, by section 34 of the Social Security Amendment Act 2007 (2007 No 20).

Section 61A(3): inserted, on 15 July 2013, by section 29(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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).

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

Part 1H heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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).

Part 1I Epidemics

Part 1I heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

(b)

section 85A(b) applies accordingly.

(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).

Part 1J Funeral grants

Part 1J heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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

(c)

any non-assessable assets, if section 61DB or section 61DD applies

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 or subpart 8 of Part 5 of the Veterans’ Support Act 2014 applies in respect of the deceased; or

(b)

a payment under section 174 of the Veterans’ Support Act 2014 is payable in respect of the deceased; or

(c)

a payment under Part 5 of the Veterans’ Support Act 2014 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 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

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 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Section 61DA(c): amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

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 $2,008.76 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 2015 (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 2015 (LI 2015/33).

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 $2,008.76 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 2015 (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 2015 (LI 2015/33).

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 $2,008.76 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 2015 (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 2015 (LI 2015/33).

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).

Part 1K Accommodation supplement

Part 1K heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

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)

jobseeker support, sole parent support, a supported living payment, 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:

(iia)

money withdrawn from a KiwiSaver scheme registered under subpart 2 of Part 4 of the Financial Markets Conduct Act 2013:

(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