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

  • This version was replaced on 10 February 2017 to make corrections to sections 19(1)(c), 19D(1), (3), 31, and 51(2) under section 25(1)(j)(ii) and (k) of the Legislation Act 2012.
  • Previous title has changed
19D Actions by chief executive under mutual assistance provisions

(1)

Where an Order in Council is made under section 19 in respect of an agreement that contains a provision of the kind referred to in section 19A(2)(a),—

(a)

any social security debt of the other country may, in accordance with and subject to the provision and to the extent that it has not been recovered in the other country, be recovered by the chief executive under section 86(1D) of the Social Security Act 1964 as if it were a debt due to the Crown; and

(b)

any amount so recovered may, after the deduction of the costs of collection, be paid to the other country without any further appropriation than this paragraph.

(2)

For the purposes of subsection (1)(a), a certificate signed by an authorised officer of the competent institution of the other country that the debt is of a kind described in subparagraphs (i) to (iv) of section 19B(1)(a) is, in the absence of proof to the contrary, sufficient evidence of the existence of the debt.

(3)

Where an Order in Council is made under section 19 in respect of an agreement that contains a provision of the kind referred to in section 19A(2)(b),—

(a)

the chief executive may supply any information in the department’s possession about any person to, or receive information about any person from, the competent institution of the other country in accordance with, and subject to, the provision:

(b)

the chief executive may from time to time, in accordance with arrangements made in an agreement with the Commissioner of Inland Revenue, supply any information received from the competent institution of the other country to the Commissioner for either or both of the purposes referred to in section 19C(1)(c):

(c)

if any information received from the competent institution of the other country under the provision has produced a discrepancy and the chief executive proposes to take action against an individual as a result, the chief executive must give 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 that action should not be taken:

(d)

the chief executive may not take any adverse action against an individual to whom a notice has been sent until the expiry of the 5 working days referred to in paragraph (c)(ii):

(e)

sections 100 to 102 and 104 to 106 of the Privacy Act 1993 apply in respect of the provision as if the provision were an authorised information matching programme and the department were the only specified agency involved in that programme.

(4)

Nothing in paragraph (c) or paragraph (d) of subsection (3) prevents the chief executive from taking adverse action against an individual if compliance with the requirements of subsection (3)(c) would prejudice any investigation into the commission of an offence or the possible commission of an offence.

(4A)

Subsection (4B) applies if—

(a)

an agreement contains a provision of the kind referred to in section 19A(2)(b); and

(b)

the social security purposes concerned are wholly or principally the administration of the agreement itself; and

(c)

the parties to the agreement are likely to frequently exchange information about individuals for the purposes of granting or paying benefits under the agreement, calculating the rates of benefits payable under the agreement, or calculating the rates of other benefits that are affected by the rates of benefits payable under the agreement.

(4B)

If this subsection applies, if any information received from the competent institution of the other country under the provision contains identifying information about any individual (including the unique identifier assigned to that individual by that institution) who has applied for a benefit payable under the agreement in either country and produces a discrepancy with information already held about that person by the chief executive, and the chief executive has not previously given notice under this subsection, the chief executive must give that individual written notice—

(a)

specifying particulars of the discrepancy and of the action the chief executive proposes to take as a result of that discrepancy; and

(b)

specifying the unique identifiers assigned to that individual by the competent institutions of both countries; and

(c)

informing him or her that information received from the other country about that individual will be matched with information in the department’s possession using those unique identifiers; and

(d)

specifying the kinds of information about the individual that the chief executive is likely to receive from the other country under the agreement; and

(e)

specifying the kinds of actions that the chief executive may take as a result of information about that individual received at any subsequent time from the other country under the agreement; and

(f)

specifying the likely consequences of those actions for any benefit payable to that individual under the agreement or otherwise; and

(g)

stating that the individual has 5 working days from the receipt of the notice to show cause why the chief executive should not take the action referred to in paragraph (a) or actions of the kinds referred to in paragraph (e).

(4C)

Despite subsections (3)(c) to (e) and (6), if subsection (4B) applies, after the expiration of the 5 working days referred to in subsection (4B)(g), the chief executive is not obliged to comply with subsection (3)(c) and (d) in respect of any information that is—

(a)

subsequently received from the other country under the provision; and

(b)

received for a purpose set out in subsection (4A)(c); and

(c)

matched against information held by the chief executive using the unique identifiers assigned to the individual concerned by the competent institutions of both countries.

(5)

Subsections (3) and (4) of section 103 of the Privacy Act 1993 apply to any notice to be given to any individual under subsection (3)(c) or subsection (4B).

(6)

Where the chief executive fails to comply, in relation to any individual, with the provisions of subsection (3)(c), the failure is considered, for the purposes of Part 8 of the Privacy Act 1993, to constitute a failure to comply with the provisions of Part 10 of that Act.

(7)

In this section, expressions defined in section 97 of the Privacy Act 1993 have the meanings so defined, with any necessary modifications.

Section 19D: inserted, on 23 November 2000, by section 6 of the Social Welfare (Transitional Provisions) Amendment Act 2000 (2000 No 88).

Section 19D(4A): inserted, on 27 April 2002, by section 7(1) of the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).

Section 19D(4B): inserted, on 27 April 2002, by section 7(1) of the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).

Section 19D(4C): inserted, on 27 April 2002, by section 7(1) of the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).

Section 19D(5): amended, on 27 April 2002, by section 7(2) of the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002 (2002 No 8).