1 Short Title
2 Abolishing special married rate of training benefit
3 Abolition of power to make advances to beneficiaries and war pensioners for repair or maintenance of home, etc
4 Transitional arrangements for advances
5 Consequential amendments
ScheduleConsequential amendments to Social Security Act 1964
An Act to amend the Social Security Act 1964
BE IT ENACTED by the Parliament of New Zealand as follows:
This Act may be cited as the Social Security Amendment Act (No 3) 1996, and shall be read together with and deemed part of the Social Security Act 1964 (hereinafter referred to as the principal Act).
(1) Section 60B of the principal Act (as inserted by section 33(1) of the Finance Act 1989) is hereby amended by repealing subsection (2).
(2) Schedule 9 to the principal Act (as substituted by section 36(1) of the Finance Act 1989) is hereby amended by repealing clause 3.
(3) So much of Schedule 1 to the Social Security (Rates of Benefits and Allowances) Order 1995 (SR 1995/51) as relates to clause 3 of Schedule 9 to the principal Act, is hereby revoked.
(4) Notwithstanding subsections (1) to (3) of this section, the special rate of training benefit under section 60B(2) of the principal Act shall continue to be payable, as if this section had not been enacted,—
(a) To a married person receiving that rate immediately before this section comes into force; and
(b) Until the earlier of—
(i) The date on which the person is no longer entitled to a training benefit or to that rate of benefit; or
(ii) The end of the period the benefit is payable for, as determined under section 60C(1) of the principal Act.
(1) Section 125 of the principal Act is hereby repealed.
(2) Notwithstanding subsection (1) of this section, subsections (3) to (5) of section 125 of the principal Act shall continue to apply, as if this section had not been enacted, to any advance made under that section.
(3) Every advance made under section 125 of the principal Act—
(a) Shall not have its validity called into question by the repeal of that section; and
(b) May be recovered, when repayable under the terms and conditions of the advance under that section,—
(i) As a debt due to the Crown, at the suit of the Director-General; or
(ii) By deduction from any benefit subsequently payable to the person to whom the advance was made under the principal Act; or
(iii) Under section 86A of the principal Act.
(4) The following enactments are hereby consequentially repealed:
(a) Section 40 of the Social Security Amendment Act 1972:
(b) Section 26 of the Social Security Amendment Act 1975:
(c) Section 27 of the Social Security Amendment Act 1987:
(d) Section 23 of the Social Security Amendment Act (No 2) 1988:
(e) Section 38(4) of the Social Welfare (Transitional Provisions) Act 1990:
(f) So much of Schedule 2 to the Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 as relates to section 125 of the principal Act.
(5) Clause 3 of the Social Security (Miscellaneous Rates) Order 1990 (SR 1990/258) is hereby revoked.
Notwithstanding section 3 of this Act, the Director-General may make an advance under section 125 of the principal Act, as if that section was still in force, if—
(a) The application for the advance was made before section 3 of this Act came into force; and
(b) The application had not been dealt with before that date.
The principal Act is hereby amended in the manner set out in the Schedule to this Act.