Social Security (Monetary Benefits) Regulations 2007

Reprint
as at 21 April 2008

Crest

Social Security (Monetary Benefits) Regulations 2007

(SR 2007/229)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 20th day of August 2007

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

The Social Security (Monetary Benefits) Regulations 2007 are administered by the Ministry of Social Development.


Pursuant to section 132 of the Social Security Act 1964, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Social Security (Monetary Benefits) Regulations 2007.

    Compare: SR 1971/167 r 1

2 Commencement
  • These regulations come into force on 24 September 2007.

3 Interpretation
  • In these regulations, unless the context otherwise requires,—

    • (b) terms defined in the Act have the meanings given to them by the Act.

    Compare: SR 1971/167 r 2

4 State service employees with knowledge of te reo to help Maori applicants
  • Every employee of the State services (within the meaning of the State Sector Act 1988) with the necessary knowledge of te reo Maori must, without fee or other consideration, give all reasonable help in connection with an application if the applicant—

    • (a) is a Maori (within the meaning of section 4 of the Maori Land Act 1993); and

    • (b) asks for help.

    Compare: SR 1971/167 r 7(4)

5 Residents of certain institutions
  • (1) Unless the chief executive determines otherwise in any particular case, the following provisions apply if a benefit is payable in respect of a period during which the beneficiary is maintained as an resident of, and wholly or partly at the expense of, an institution of a kind described in subclause (3):

    • (a) instalments of the benefit must be paid in the first instance to the governing body of the institution:

    • (b) the chief executive must fix the proportion of each instalment that may be retained by the governing body in respect of the maintenance of the beneficiary, and the governing body must pay the rest to the beneficiary:

    • (c) the proportion that may be retained by the governing body must not exceed the reasonable cost of maintaining the beneficiary in the institution:

    • (d) the chief executive's decision on the proportion of each instalment that may be retained by the governing body is final and binding on both the governing body and the beneficiary.

    (2) If part of a benefit is payable in respect of the spouse or partner, or any child or children, of the resident, subclause (1) applies only to the part payable in respect of the resident.

    (3) The kinds of institution referred to in subclause (1) are—

    • (b) institutions fulfilling a purpose similar to that of institutions of the kind described in paragraph (a):

    • (c) residential disability care institutions within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001:

    • (d) rest homes within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001:

    • (e) institutions providing treatment or care in a residential programme.

    Compare: SR 1971/167 r 15

6 Payment on death of beneficiary
  • (1) This subclause applies if—

    • (a) on the death of a beneficiary, an amount of the benefit concerned (which may include an instalment already due that has not been paid and remains payable) is unpaid; and

    • (b) the amount is not disposed of in accordance with section 80BD(4) of the Act to or for the benefit of the surviving spouse or partner, or a dependent child or children, of the beneficiary.

    (2) If subclause (1) applies,—

    • (a) if probate of the beneficiary's will has been granted, or letters of administration of his or her estate have been issued, the amount must be paid to his or her executor or administrator:

    • (b) in any other case, the amount must be paid in accordance with section 65(2) and (3) of the Administration Act 1969.

    Compare: SR 1971/167 r 16

7 Travelling expenses and allowances
  • (1) This subclause applies to any applicant or beneficiary who has to be absent from his or her regular place of residence—

    • (a) to be medically examined by direction of the chief executive; or

    • (b) to appear before a Medical Appeal Board appointed by the chief executive; or

    • (c) for any other purpose approved by the chief executive.

    (2) An applicant or beneficiary to whom subclause (1) applies—

    • (a) may be provided with advance payment for his or her fares; or

    • (b) may be granted a refund of travelling expenses reasonably incurred—

      • (i) by way of public transport; or

      • (ii) if it would have been impracticable to use public transport, by private means of transport.

    (3) In the chief executive's discretion,—

    • (a) advance payment may be made to the applicant or beneficiary for meals and accommodation during the period of necessary absence; or

    • (b) a refund may be paid for actual and reasonable out-of-pocket expenses for the period of necessary absence.

    (4) If the physical or mental condition of the applicant or beneficiary makes him or her unable to travel unaccompanied, advance payment or refunds may be made in accordance with this regulation in respect of the travelling and accommodation expenses of a person travelling with him or her.

    (5) A refund must not be made for an item of expense (other than transport fares) of more than $1 unless the claim is supported by the receipt of the person to whom the amount concerned was paid.

    (6) A claim for a refund of expenses must not be accepted unless made—

    • (a) within 1 month of the day on which they were incurred; or

    • (b) in any special circumstances, within any extended time the chief executive thinks reasonable.

    (7) The chief executive may in any special case authorise payment of travelling expenses in respect of any applicant or beneficiary, or applicants or beneficiaries of any description, at rates and subject to conditions determined by the chief executive.

    (8) Subclause (7) overrides subclauses (1) to (6).

    Compare: SR 1971/167 r 18

8 Medical services
  • The following matters are to be at rates, and subject to conditions, determined by the Minister:

    • (a) the employment for the purposes of Part 1 or 3 of the Act of medical practitioners paid only by fees or commission, or engaged for a specified period under a contract for services:

    • (b) the payment of those fees (including mileage allowances in connection with that employment).

    Compare: SR 1971/167 r 19

9 Proceedings in respect of offences, or money recoverable
  • (1) This subclause applies to proceedings in respect of—

    • (a) offences under Part 1 or 3 of the Act; or

    • (b) money recoverable under section 86 of the Act.

    (2) In any proceedings to which subclause (1) applies,—

    • (a) any officer of the department authorised either generally or specifically by the chief executive for the purpose may appear on behalf of the chief executive; and

    • (b) the fact that an officer of the department appears on behalf of the chief executive is sufficient evidence of his or her authority to do so.

    (3) Any proceedings to which subclause (1) applies that are commenced by an authorised officer of the department may be continued by the same or any other authorised officer.

    (4) No court fees are payable in connection with any proceedings to which subclause (1) applies.

    Compare: SR 1971/167 r 21

10 Revocation

Diane Morcom,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 24 September 2007, re-enact in a more modern form the Social Security (Monetary Benefits) Regulations 1971, but without a number of the provisions of those regulations that had become obsolete or been superseded.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 23 August 2007.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Social Security (Monetary Benefits) Regulations 2007. The reprint incorporates all the amendments to the Social Security (Monetary Benefits) Regulations 2007 as at 21 April 2008, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)