Social Security (Work Test) Amendment Act 1998

Social Security (Work Test) Amendment Act 1998

Public Act1998 No 94
Date of assent20 August 1998

An Act—

  • (a) To amend the Social Security Act 1964 to provide a new work-test framework, and a sanctions regime, for all work-tested beneficiaries; and

  • (b) To provide for related matters

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement
  • (1) This Act may be cited as the Social Security (Work Test) Amendment Act 1998, and is part of the Social Security Act 1964 (the principal Act).

    (2) This Act comes into force on 1 October 1998.

Part 1
Amendments to principal Act

2 Interpretation
  • (1) This subsection inserted definitions of the terms Employment required to satisfy the work test and Organised activity in section 3(1) of the principal Act.

    (2) This subsection substituted the definition of the term suitable employment in s 3(1) of the principal Act.

    (3) This subsection substituted the definition of the term work test in section 3(1) of the principal Act.

    (4) This subsection inserted paragraph (aa) of the definition of the term working day in section 3(1) of the principal Act.

3 Right of appeal
  • This section inserted s 12J(4) of the principal Act.

4 Voluntary unemployment or loss of employment through misconduct, etc
  • (1) This subsection repealed the definition to the term rate of the benefit in s 60H(1) of the principal Act.

    (2) This subsection substituted subsections (4) and (5) of s 60H of the principal Act.

    (3) Nothing in subsection (1) entitles a person who, before 1 October 1998, had his or her benefit reduced under section 60H of the principal Act, to receive the benefit without that reduction until either the expiry of the period for which the reduction was imposed under that section, or the person becomes entitled to another rate of benefit under the principal Act.

5 Mandatory interviews
  • This section substituted s 60HA(2) of the principal Act.

6 Effect of work test on entitlement to supplementary benefits and on spouses
  • This section substituted s 80C(1)(c) of the principal Act.

7 New heading and sections inserted
  • This section inserted ss 101 to 123D, and the previous heading of the principal Act.

Part 2
Repeals and transitional provisions

8 Repeals
9 Social Security Amendment Act 1998 amended
10 Transitional provisions relating to persons subject to sanction on commencement of this section
  • (1) This section applies to every person who, immediately before the date of commencement of this section, was subject to a non-entitlement period of 13 weeks or a reduced benefit for 13 weeks, under section 60H or section 60JA of the principal Act.

    (2) A person to whom this section applies may,—

    • (a) In the case of a person who was participating in a programme or project referred to in section 60KA of the principal Act, continue to participate in that programme or project; or

    • (b) In any other case, continue his or her non-entitlement period or continue to receive a reduced benefit and, subject to section 60KA, participate in a programme or project referred to in that section.

    (3) Section 60KA of the principal Act is deemed to continue to apply to persons referred to in subsection (2) of this section as if that section had not been repealed by section 8.

    (4) Where a person was, immediately before the date of commencement of this section, subject to any sanction under the principal Act other than a sanction referred to in subsection (1), that sanction is revoked with effect on the commencement of this section and any work-test failure on the person's part that occurred before that date is not to be counted as a work-test failure on or after that date.