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.

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

This section applies to a person if the person is—

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:

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:

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

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).

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.

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.

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:

In this section,—

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.

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

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.

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

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).

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

In this section,—

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

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:

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

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.

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.

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

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.

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,—

An applicant must not be granted a supported living payment under this section unless,—

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

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.

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—

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.

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).

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

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.

A person to whom this section applies—

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

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

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

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

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

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.

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.

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.

This section applies to a person who—

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).

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.

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:

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

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.

This section applies to a person if the person—

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).

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

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

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—

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,—

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

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

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.

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—

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.

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.

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.

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.

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

This section applies to a beneficiary who is not an excluded beneficiary (as defined in subsection (2)) if the chief executive is satisfied (based on information available to the chief executive) that—

Excluded beneficiary, in subsection (1), means,—

The chief executive must as soon as practicable give the beneficiary a notice (to be delivered in accordance with section 86J) that—

A notice under subsection (3) involving information supplied by the Ministry of Justice under section 126AC may be combined with a notice of adverse action given under section 103(1) of the Privacy Act 1993.

This subsection applies to the beneficiary unless, at the end of the 10-working-day period specified in the notice, the chief executive is satisfied (based on evidence provided by the beneficiary, or other information available to the chief executive, or both) of 1 of the following:

The benefit of a beneficiary to whom subsection (5) applies is not payable until the chief executive is satisfied (based on information provided by the beneficiary, otherwise available to the chief executive, or both) of 1 of the following:

Despite subsections (1)(c) and (3) to (6), the chief executive may suspend immediately the benefit of a beneficiary to whom subsection (1)(a) and (b) apply if satisfied that—

As soon as is reasonably practicable after a suspension under subsection (7) of the benefit of a beneficiary, the chief executive must give the beneficiary a notice (to be delivered in accordance with section 86J) that—

The following apply to a benefit that is not payable under subsection (6), or that is suspended under subsection (7), as if the benefit had been suspended under section 117:

However, section 120(1) (which protects a spouse or partner), but no other provision of section 120, ceases to apply under subsection (9)(b) to the benefit at the close of the 28th day after the date on which it becomes not payable under subsection (6) or, as the case requires, is suspended under subsection (7).

The chief executive must take reasonable and appropriate steps to make every person who is, or appears to the chief executive to be likely to be, affected by a provision of section 77 aware of—

If it has not ceased earlier, a beneficiary’s entitlement to a specified benefit ceases on the expiry date for that specified benefit (as those terms are defined in subsection (5)), and that benefit expires on that date. The specified benefit may be re-granted if that beneficiary reapplies for it in accordance with requirements in this Act or in regulations under section 132M for re-grant of it.

The chief executive must, not less than 20 working days before the expiry date for the specified benefit, give notice to that beneficiary stating—

Subsection (2) does not apply if, at the time the chief executive is required to give notice under that subsection, the specified benefit—

However, if at any time before the expiry date for that benefit any of the circumstances described in subsection (3) no longer exist, then the chief executive must, as soon as practicable, take reasonable steps to advise the beneficiary of the matters set out in subsection (2)(a) to (c).

In this section and section 80BF,—

Regulations under section 132M(1)(a) that declare a benefit referred to in subsection (5)(b) of this section not to be a specified benefit for the purposes of this section and section 80BF may, without limitation, declare not to be a specified benefit for those purposes either or both of the following:

However, a specified benefit that expires under this section in the week that is, or is the week immediately before, the week that includes 26 December in a year must (despite section 80BD(1) and the rest of this section) continue to be paid until the first Monday after 2 January in the immediately following year.

However, the chief executive may, in any circumstances in which an exemption from expiry may be considered that are specified for the purposes of this section by regulations under section 132M, and by notice in writing copied as soon as practicable to every beneficiary concerned, exempt from expiry under this section, until an identified event or situation or time, and on identified conditions (if any), all or any specified benefits of an identified beneficiary or of all beneficiaries who fall within an identified class or description.

No specified benefit may be re-granted under this section to a person to whom section 80BE applies unless—

Subsection (1)(b) is subject to subsection (8).

If, in relation to a person, the requirements of subsection (1) are completed on or before the expiry date (as defined in section 80BE(5)) for the person’s specified benefit,—

If, in relation to a person, the requirements of subsection (1) are completed after, but within 20 working days after, the expiry date for the person’s specified benefit, and the chief executive is satisfied that there were exceptional circumstances that prevented those requirements from being completed on or before that expiry date,—

If a person intending to reapply for the specified benefit contacts the department on or before the expiry date for the person’s specified benefit,—

Subsections (1) to (5) override section 11D(1).

The specified benefit must not be re-granted under this section to a person, and any reapplication form received from or on behalf of that person must be treated as an application form for the purposes of section 11D(2), if the requirements of subsection (1)—

For the purposes of this section, a failure of a beneficiary’s work-tested spouse or partner to participate in a comprehensive work assessment in accordance with subsection (1)(b)—

A person is entitled to jobseeker support if he or she satisfies the criteria in subsections (2), (3), and (4), and—

An applicant for jobseeker support—

An applicant for jobseeker support must meet the residential requirements in section 74AA.

An applicant for jobseeker support must have—

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

Nothing in subsection (1)(a) or (4) affects the entitlement of a person receiving jobseeker support at the rate in clause 1(ab) or (ba) of Schedule 9 to receive jobseeker support if, during a temporary period, the person engages in full-time employment, and the income from that employment and the person’s other income when calculated over a 52-week period under section 64(2A) is less than the amount that would fully abate the benefit.

A sick or injured person (A) may treat as a loss of A’s earnings for the purposes of subsection (1)(d) a payment A makes to any other person (B) who acts as A’s substitute during A’s sickness or injury.

The chief executive may grant jobseeker support under section 88B to a person who meets the criteria in section 88B(1) and (2) but who does not meet the other criteria in section 88B if—

The chief executive may, under the exception in section 88D(a), during the period between the end of one academic year and the start of the next, grant jobseeker support under section 88B to a full-time student.

The chief executive may, under the exception in section 88D(a), during the period between the end of one academic year and the start of the next, grant jobseeker support under section 88B to a full-time student who is aged 16 years or 17 years if the chief executive is satisfied that—

No person is eligible to be granted jobseeker support if he or she—

A person making an application for jobseeker support on the ground of sickness, injury, or disability (the applicant) must include in the application a certificate that complies with subsections (2) and (3).

A certificate complies with this subsection only if it is given—

A certificate complies with this subsection only if it—

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

The medical practitioner or psychologist must prepare, and must send the chief executive a copy of, a report that indicates—

A person granted jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability) must (subject to sections 88J and 105) comply with the work test from the time that payment of jobseeker support commences.

The chief executive must after granting a person jobseeker support on the ground of sickness, injury, or disability, and may at any later time, determine whether 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)).

A determination under subsection (2) must be made after having had regard to—

A determination under subsection (2) that the person granted jobseeker support 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 has the consequence that the person is required to comply with the work test on and after a date specified in a written notice (of the determination’s making and effects) that the chief executive must give the person.

The date specified in a written notice under subsection (4),—

The chief executive may at any time, whether on the application of the person or otherwise, review a determination under subsection (2), and may confirm, amend, revoke, or revoke and replace it and any related written notice under subsection (4).

A determination under subsection (2) that the person granted jobseeker support on the ground of sickness, injury, or disability has not, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work has the consequence that the person is entitled to (even if he or she has not sought one) a deferral under section 88I(6) of all of the person’s work test obligations.

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

From the time that payment of the jobseeker support commences, the spouse or partner of a person granted jobseeker support,—

A person granted jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability) may apply to the chief executive for a deferral of all of the person’s work test obligations on the grounds that he or she—

A person granted jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability) may apply to the chief executive for a deferral of all of the person’s work test obligations on the grounds that he or she has, because of his or her sickness, injury, or disability (being a sickness, injury, or disability that arose or became apparent only after he or she was granted jobseeker support), either—

The chief executive may require an applicant to verify any particulars relevant to an application under this section in such manner as the chief executive specifies either generally or specifically.

The chief executive may defer all of the beneficiary’s work test obligations if satisfied, on an application under section 88H(1) or in accordance with subsection (4) of this section, that the beneficiary complies with both of paragraphs (a) and (b) of section 88H(1).

The chief executive may defer all of the beneficiary’s work obligations if satisfied, on an application by the beneficiary under section 88H(2) or in accordance with subsection (4) of this section, that the beneficiary has, because of his or her sickness, injury, or disability, either—

A deferral under this section must be in writing and may be granted—

The chief executive may grant to a beneficiary granted jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability) a deferral under this section on the ground set out in (as the case may be) section 88H(1) or (2) whether or not a formal application is made by or on behalf of the beneficiary to whom it relates.

A determination under subsection (1) or (2) must be made after having had regard to—

The chief executive must grant a deferral under this section to a person who is the subject of a determination of the kind referred to in section 88F(7) (even if the person has not applied for, or otherwise sought, the deferral).

The chief executive may from time to time review a deferral granted under this section, and may extend, vary, or revoke it.

While a deferral under section 88I is in force,—

This section applies to a person who is, or is deemed to have been, granted a deferral under section 88I.

A person to whom this section applies must notify the chief executive as soon as practicable of any change in the person’s circumstances that may affect his or her entitlement to the deferral.

This section does not limit or affect the obligation under section 105(5A) of a person who is, or is deemed to have been, granted an exemption under section 105 (for example, an exemption under section 105 from work test obligations) to notify the chief executive as soon as practicable of any change in the person’s circumstances that may affect his or her entitlement to the exemption.

Payment of jobseeker support commences in accordance with section 80.

Jobseeker support must be paid in weekly instalments in accordance with section 82.

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

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

Jobseeker support must be paid to a person granted that benefit at the appropriate rate in Schedule 9.

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

Subsection (4) applies to an applicant for jobseeker support who has a spouse or partner who is ineligible for a benefit for a period because of—

The rate of jobseeker support that an applicant to whom this subsection applies under subsection (3) is entitled to receive during the period of non-entitlement of his or her spouse or partner is the appropriate rate in clause 5 of Schedule 9.

This subsection applies to a person who is, or who is the spouse or partner of, a beneficiary in receipt of—

Subsection (1)(b) does not apply to a person receiving a supported living payment on the ground of sickness, injury, or disability if, in the chief executive’s opinion,—

The chief executive may at any time require a person to whom subsection (1) applies to attend and participate in a work ability assessment made to determine, or help to determine, all or any of the following matters:

An assessment under subsection (3) must be undertaken in accordance with a procedure determined by the chief executive.

After an assessment under subsection (3) is made, the chief executive may determine the matter or matters in subsection (3) for which that assessment was made—

The chief executive may from time to time reassess under section 100B a person to whom section 100B(1) applies and who has earlier been assessed under section 100B.

A reassessment may be at a time, or after an interval, the chief executive thinks appropriate.

After a reassessment, the chief executive may determine the matter or matters in section 100B(3) for which that reassessment was made.

The chief executive must take reasonable and appropriate steps to make every person on whom requirements are imposed under section 100B, or under sections 100B and 100C, aware of—

The drug testing obligations referred to in section 102A(1A) are to undertake, and to pass, a drug test that a potential employer or a training provider requests candidates for employment or training to undertake, and to pass, by a specified time, and that is recognised by this Act because it is a drug test—

A drug test is of a kind described in this subsection for the purposes of subsection (1)(a) if the drug test is—

A drug test undertaken by a candidate for employment or training on a request by the potential employer or training provider is for the purposes of subsection (1)(b) presumed to be requested, and undertaken, lawfully, unless the contrary is proved.

A candidate for employment or training is taken for the purposes of this Act to have failed an evidential drug test requested by a potential employer or a training provider if the candidate—

For the purposes of subsection (1), the chief executive may, in the absence of evidence available to the chief executive and to the contrary effect, act on information given by the potential employer or training provider to the effect that a candidate has failed a screening drug test, an evidential drug test, or both.

This section applies to a work-tested beneficiary who has a work test obligation,—

The employer providing the opportunity of suitable employment may, or may authorise the appropriate drug testing provider to, provide to the department (with or without the beneficiary’s consent) the results of a screening drug test, an evidential drug test, or both if—

The chief executive may reimburse the employer for the actual and reasonable costs (if, or insofar as, they do not exceed the maximum reimbursement amount prescribed for the purposes of this subsection by regulations made under section 132) of a screening drug test, an evidential drug test, or both that the employer has (in accordance with section 102B(1) to (3)) requested in respect of a work-tested beneficiary, if the chief executive—

Regulations made under section 132 prescribing maximum reimbursement amounts for the purposes of subsection (3) may, without limitation, prescribe different amounts of that kind based on either or both of the following:

Costs of a screening drug test requested (in accordance with section 102B(1) to (3)) by an employer in respect of, and failed by, a work-tested beneficiary cannot be reimbursed under subsection (3) if the beneficiary has undertaken, and passed, an associated later evidential drug test requested (in accordance with section 102B(1) to (3)) by that employer.

Costs reimbursed under subsection (3) are a debt due to the Crown from the beneficiary for the purpose of section 85A(e).

This section applies to a beneficiary if—

The beneficiary may dispute the sanction to be imposed under section 117 by making to the department a request that the sample taken from the beneficiary for the screening drug test be subjected to an evidential drug test.

A request under subsection (2) must be made by the beneficiary in writing in a form approved by the chief executive, and must be made—

A request under subsection (2) must include the beneficiary’s consent to the department contacting the employer or training provider and a drug testing provider to arrange for the evidential drug test of the sample, and must authorise the drug testing provider that does the evidential drug test of the sample to provide to the department the results of that evidential drug test.

The department may proceed to impose the appropriate sanction as if the beneficiary had not disputed the sanction if—

If a request under subsection (2) is made to the department and includes the consent and authorisation required by subsection (4), then until the department is advised of the results of an evidential drug test of the beneficiary arranged by the department in accordance with the request,—

The actual and reasonable costs incurred by a drug testing provider in doing an evidential drug test arranged by the department in accordance with a request under subsection (2) are payable by the department.

If the beneficiary fails an evidential drug test arranged by the department in accordance with a request under subsection (2), that failure is for the purposes of section 116B(1)(e) treated as a new failure of the beneficiary’s work test and drug test obligations.

If the beneficiary fails an evidential drug test arranged by the department in accordance with a request under subsection (2), the following are a debt due to the Crown from the beneficiary for the purpose of section 85A(e):

Drug test results provided under, or under an authorisation given under, section 102B, 102C, or 102D—

The sanctions stated in section 117 must be imposed on a person when any of the following paragraphs applies to the person:

Obligations related to contracted service providers

Social obligations of certain beneficiaries with dependent children

Obligations related to work preparation or to work ability assessment

Work test obligations (including drug testing obligations) and work-tested beneficiaries

Interview obligation of beneficiary exempted from work test

Section 60H(6) and (7) (which relate to dealing with voluntary unemployment or loss of employment through misconduct, etc) apply with all necessary modifications to a person to whom subsection (1)(g) or (h) of this section applies.

A work-tested beneficiary who indicates that he or she would fail a drug test that an employer would require for an opportunity of suitable employment is for the purposes of subsection (1)(f) taken to be a person who fails, without good and sufficient reason, to apply for suitable employment that requires candidates to undertake drug tests (and therefore to be a person required by subsection (1)(f) to be treated as a person to whom subsection (1)(e) applies).

Subsection (3) does not limit the generality of subsections (1)(e) and (f).

A beneficiary has for the purposes of section 116B a good and sufficient reason for not undertaking or completing an activity if—

A beneficiary has for the purposes of section 116B a good and sufficient reason for not complying with a drug testing obligation under section 102B(1), or for failing to apply for suitable employment that requires candidates to undertake drug tests, or for both, if the chief executive is satisfied—

A beneficiary who has 1 or more dependent children has for the purposes of section 116B a good and sufficient reason for not participating in or completing any activity required under section 102A(1)(f) if the activity involves participation during hours when it would be unreasonable to expect any dependent child of the person to be without that person’s supervision.

This section does not limit the generality of section 116B.

A person recomplies (for the purpose of section 117) in relation to a failure (or, as the case may be, to 2 or more failures) under section 116B and that has (or have) been included in a notice given to the person under section 113 (the relevant failure or failures) if the person remedies the relevant failure (or, if the person has failed to comply with 2 or more obligations of a kind referred to in section 116B(1), the person remedies all the relevant failures) included in the notice.

Despite subsection (1), a person who is a work-tested beneficiary recomplies (for the purpose of section 117) in relation to each relevant failure it is not possible to remedy if the person undertakes to the chief executive’s satisfaction an activity that is the same as, or substantially similar to, the activity that the person failed to comply with under the applicable work test obligation.

Despite subsection (1), a person recomplies (for the purpose of section 117) in relation to a relevant failure under section 116B(1)(e) to comply with any drug testing obligations under section 102B(1) if,—

The calculation of the number of failures for the purposes of subsection (3) is independent and separate from, and therefore does not affect, the calculation (in accordance with section 119) of the number of failures for the purposes of section 117.

The department must take reasonable and appropriate steps to make a person who has given an undertaking in accordance with subsection (3)(b) aware of the following matters:

This section applies to a work-tested beneficiary who has undertaken under section 122(3)(b) to do both of the following:

The beneficiary must at a time that is within the testing period attend at the location of a drug testing provider for the purpose of undertaking a drug test that is—

The actual and reasonable costs charged by the provider for performing, on 1 occasion only within the testing period, a drug test in accordance with subsection (2)(a) or (b) are—

A beneficiary who fails a screening drug test or an evidential drug test or both performed within the testing period may (in order to try to comply with the beneficiary’s undertaking despite that failure) undertake, at the beneficiary’s expense, further drug testing within the testing period.

A beneficiary who does not pass a drug test of the kind stated in subsection (2)(a) or (b) within the testing period must for the purpose of section 117(1)(c) be treated as a person who has failed a third time within a 12-month period to comply with any drug testing obligations in section 102B(1).

The Minister may from time to time, by written direction, determine the goods or services, or classes, descriptions, or kinds of goods or services, contracts for the supply of which may be entered into under subsection (3) (specified goods or services).

A determination under subsection (1) must be in respect of goods or services, or classes, descriptions, or kinds of goods or services, for all or any of the following (and for no other) purposes:

The chief executive may from time to time, on behalf of the Crown, enter into a contract with any person, body, or organisation (a preferred supplier) for the supply of specified goods or services (as defined in subsection (1))—

Goods or services, in this section and in sections 69C(7B), 82(6AB) and (6G), and 124(1BB), includes goods and services.

The Minister may, from time to time, give to the chief executive under section 5 general or special directions setting out transitional or savings provisions that apply—

Directions under subsection (5)—

The purpose of this section is to authorise and require the disclosure of information by the Ministry of Justice to the department for the purpose of enabling the department to implement effectively section 75B (which relates to the effect on a benefit of a warrant to arrest the beneficiary).

For the purpose of this section, the chief executive of the Ministry of Justice must from time to time, in accordance with arrangements made with the chief executive of the department for the time being responsible for the administration of this Act, provide the latter chief executive with information about individuals for whose arrest a New Zealand court has (or 1 or more of the court’s Judges or Registrars has or have) at least 28 days before the provision of the information issued a warrant to arrest in criminal proceedings against the individual for an offence (being a warrant of that kind that has not been executed or withdrawn).

The information must be provided unless provision of the information is limited or prohibited by any enactment or by any order or direction of the court.

The information provided must, without limitation, include the individual’s name (including any alias), date of birth, and last known address, and the nature of the offence charged.

The chief executive of the department responsible for the administration of this Act may supply the information received to any officer or employee who is—

The information must be provided in a form determined by agreement between the 2 chief executives.

The Governor-General may, by Order in Council, make regulations relating to the use of a disability allowance to fund specified expenses.

Any such regulations may (without limiting subsection (1)) do all or any of the following:

Any such regulations that do what is stated in subsection (2)(b) may specify the maximum extent to which expenses may be funded by way of a disability allowance in ways that are or include using all or any of the following:

Transitional or savings provisions under subsection (2)(c) may, without limitation, provide for all or any of the following:

The Governor-General may by Order in Council make regulations for the purpose of section 75B (which relates to the effect on a benefit of a warrant to arrest a beneficiary), including, without limitation,—

Nothing in this section limits section 132.

The Governor-General may by Order in Council make regulations for the purpose of sections 80BE and 80BF (which relate to expiry and re-grant of specified benefits), including, without limitation, provisions that—

Regulations under subsection (1)(b) may, without limitation, prescribe the same expiry date, or 2 or more different expiry dates, for all or any combination of the following:

Nothing in this section limits section 132.