Social Security Regulations 2018

Reprint as at 17 October 2019

Coat of Arms of New Zealand

Social Security Regulations 2018

(LI 2018/202)

Patsy Reddy, Governor-General

Order in Council

At Wellington this 15th day of October 2018

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Social Development.

These regulations are made under sections 418 to 451 of the Social Security Act 2018

(a)

on the advice and with the consent of the Executive Council; and

(b)

for exemptions from obligations regulations made under section 431(1)(e) of the Act (see subparts 8 and 9 of Part 3 of these regulations), on the Minister’s recommendation made under section 431(4) and (5) of the Act; and

(c)

for pre-benefit activities regulations made under section 432(1) of the Act (see subpart 1 of Part 4 of these regulations), on the Minister’s recommendation made under section 432(2) of the Act; and

(d)

for benefit stand-down exemption regulations made under section 440(1) and (2)(a) of the Act (see subpart 2 of Part 6 of these regulations), on the Minister’s recommendation made under section 440(4) and (5) of the Act; and

(e)

for suspension of debt recovery regulations made under section 448(1) of the Act (see subpart 12 of Part 6 of these regulations), on the Minister’s recommendation made under section 448(3) of the Act.

Contents

1Title
2Commencement
3Interpretation
4Transitional, savings, and related provisions
5Guide to Part 2
6Effect of absence of beneficiary from New Zealand on residential requirement
7Persons who have had income tax deducted or withheld on earnings from employment overseas to be treated as resident and present in New Zealand
7ACircumstances in which certain holders of, or people who would have been eligible for, Christchurch response visa are taken to meet residential requirement
8Certificates: prescribed health practitioners
9Medical examinations: prescribed health practitioners
10Minimum period of eligibility
11Certificates and medical examinations: prescribed health practitioners
12When young person meets criteria for education, training, or work-based learning incentive payment
13When young person meets criteria for budgeting incentive payment
14When young person meets criteria for parenting education incentive payment
15Assets requirement
16Cash assets exemptions
17Base rate
18Income-based reductions to assessed base rate for non-beneficiary
19Rounding
20Interpretation
21Child not eligible for both childcare subsidy and OSCAR subsidy
22Hours to be calculated weekly
23Childcare assistance not payable in respect of certain hours
24Assistance to be no more than hourly fee payable
25Assistance may continue if caregiver not working because of health condition, injury, or disability
26Assistance may continue if caregiver changes employment
27Absence of child to be notified
28Payment of assistance during child’s absence
29Applications and evidence
30Eligibility of child for payment of childcare subsidy
31Childcare subsidy available only if payable under regulation 32, 34, or 35
32Payment of childcare subsidy if principal caregiver engaged in approved activity
33Activities in respect of which childcare subsidy available under regulation 32
34Payment of childcare subsidy if principal caregiver not engaged in approved activity but has serious disability or illness
35Payment of childcare subsidy if principal caregiver neither engaged in approved activity nor has serious disability or illness
36Rate of childcare subsidy
37Childcare subsidy usually payable to service
38Eligibility of child for payment of OSCAR subsidy
39OSCAR subsidy available only if payable under regulation 41 or 42
40Activities in respect of which OSCAR subsidy available under regulation 41
41Payment of OSCAR subsidy if principal caregiver engaged in approved activity
42Payment of OSCAR subsidy if principal caregiver has serious disability or illness
43OSCAR subsidy payable to provider or principal caregiver
44Rate of OSCAR subsidy
45Approval of programmes
46Suspension and revocation of approvals
47Matters to be considered before programmes approved or approvals suspended or revoked
48Recovery of overpayments
49Certificates and medical examinations: prescribed health practitioners
50Discretionary grant if life expectancy or continuing disability less than 6 months
51Mandatory grant if disability unexpectedly likely to last, or lasts, for at least 6 months
52Medical examinations: prescribed health practitioners
53Funeral grants: methods of payment: people to whom payment may be made
54Funeral grants: methods of payment: conditional payment
55Funeral grants: amounts
56Overview of this subpart
57Interpretation
58Who is eligible for support
59Who is ineligible for support
60Cash assets defined
61Application form must be completed
62Prescribed amount of support: general weekly rate
63Variation of upper limit for persons awaiting decision on refugee or protected person claims, refugees and protected persons, and certain applicants for residence class visas
64Disability exception amount
65Amount of support granted must be recalculated after change in chargeable income or allowable costs, or both
66Prescribed amount of support: exceptions
67Prescribed period of support
68No lump sums payable
69Chargeable income
70Further limits on chargeable income: exempted payments and income
71Allowable costs
72Guide to Part 3
73Application of work-test obligations
74Deferral of work-test obligations of person with dependent child under age of 1 year
75Mandatory deferral of work-test obligations if person determined under section 141(1) of Act to lack capacity for part-time work
76Deferral of work-test obligations on ground of later health condition, injury, or disability
77Deferral of work-test obligations for young person required to receive youth services and on ground of undertaking study
78Deferral of work-test obligations for person receiving youth payment and on ground of undertaking study
79Procedure for deferral of work-test obligations
80MSD may review, and extend, vary, or revoke, deferral of work-test obligations
81Interpretation
82Evidential drug test: standard prescribed
83Screening drug test: standard prescribed
84Maximum reimbursement amounts prescribed
85Good and sufficient reason for specified failures to comply: ground specified
86Requirements for drug test
87Use of drug test result
88Costs of drug test
89Costs of drug test: supplementary provisions
90Definitions relating to social obligations
91Prescribed target number of hours of attendance at approved early childhood education programme
92Health care enrolment: prescribed health practitioners
93Health care enrolment: prescribed health practitioners
94Health care enrolment: prescribed health practitioners
95Participation allowance
96Reimbursement portion of participation allowance
97Procedure for grant of exemption
98MSD may review, and extend, vary, or revoke, exemption
99Definition of special needs in relation to child
100Exemption from work-preparation obligations
101Exemption from work-test obligations: all work-tested beneficiaries
102Exemption from work-test obligations: work-tested spouses or partners
103Exemption from work-test obligations: work-tested sole parents receiving jobseeker support
104Exemption from work-test obligations: work-tested sole parent support beneficiaries
105Exemption from obligations under section 162, 164, 166, or 167 of Act: youth support payment recipients and spouses and partners of specified beneficiaries
106Exemption from obligations under section 162 or 164 of Act: youth support payment recipients who have been in relationship
107Exemption from obligations under section 162, 164, 166, or 167 of Act: young parent payment recipients, and young persons with dependent children who are spouses or partners of specified beneficiaries
108Guide to Part 4
109Who can MSD require to undertake activities?
110Requirements related to activities
111Non-compliance by applicant
112Non-compliance by applicant’s spouse or partner
113Interpretation
114Income-related insurance payment
115Debt insurance or health or disability insurance payment
116Calculation of insurance payment
117Effect on liabilities of insurance payments
118Interpretation
119Benefit of person affected by receipt of overseas pension is reduced by amount of overseas pension
120Benefits of overseas pensioner not to be reduced for overseas pension in nature of compensation for injury or death, etc
121Date that determination takes effect
122MSD may pay overseas pensioner benefit in return for amount of overseas pension
123Arrangements with overseas pensioners: administration
124Interpretation
125Reduction formula
126Calculation rate
127Bank fee
128Determination conclusive
129Interpretation
130Meaning of alternative arrangement
131Meaning of special bank account
132Nominated bank
133Category of eligible overseas pensioners
134Making of alternative arrangement
135Cessation of alternative arrangement
136Termination of alternative arrangement
137Reduction amount
138Additional reduction amount
139Interpretation
140General rule: benefit not payable while beneficiary absent from New Zealand
141If exception to general rule applies, beneficiary must notify MSD of absence
142Exception to general rule: 4-week rule
143When MSD must apply 4-week rule
144Exception to general rule: benefit subject to obligations rule
145Criteria for discretionary payment of certain benefits in respect of absences of up to 4 weeks in 52-week period
146Permitted reasons for absence
147Absences that do not prevent beneficiary meeting obligations
148Discretion to pay benefit in respect of absences longer than total of 4 weeks in 52-week period
149Qualifying circumstances for discretionary payment of certain benefits in respect of absences longer than 4 weeks in 52-week period
150Exception to general rule: medical treatment
151Exception to general rule: vocational training
152Exception to general rule: attendance at Special Olympic or Paralympic Games
153Subpart is subject to exceptions in Act
154Beneficiaries excluded from warrant to arrest provisions
155Beneficiaries younger than 14 years
156Principal caregivers paid only or mainly orphan’s benefit or unsupported child’s benefit
157Overseas residents paid specified benefits under adopted reciprocity agreements
158Persons absent from New Zealand and under specified provisions paid portable New Zealand superannuation
159Persons absent from New Zealand and under specified provisions paid portable veterans’ pensions
160Beneficiaries paid benefits at specified hospital rates
161Beneficiaries paid residential care subsidy
162Beneficiaries paid residential support subsidy
163Guide to Part 5
164Good and sufficient reason for failure to comply with drug-testing obligation
165Guide to Part 6
166How application completed or lapses
167Exceptions from regulation 166(2) for overseas applications
168Date application received for when benefit commences
169Effect of lapse of application
170MSD may allow longer period for completing
171Help in te reo Māori or NZSL if requested and reasonable
172Required form
173Supporting evidence if youth support payment appropriate
174Waiver of required form and evidence
175Applicant’s or beneficiary’s travelling expenses and allowances
176Claims for refunds: receipt and deadline requirements
177Exemptions from stand down: youth training, relationship breakdown, chronic illness, health condition, injury or disability from accident or birth, prison
178Exemptions from stand down: temporary or part-time work
179Exemptions from stand down: benefit required to be paid towards cost of treatment or care in residential programme
180Benefit person becomes eligible for while receiving, and granted instead of, other benefit
181Disability allowance sought with specified other benefit
182Period of benefit stand down: interpretation
183Period of benefit stand down: general
184Delayed redundancy and retirement payments
185Seasonal workers made redundant after benefit commences
186Certain benefits not subject to benefit expiry and regrant provisions
187Expiry date for jobseeker support
188Expiry date for sole parent support
189Exemptions from expiry
190Requirements for regrant of specified benefits
191Apportionment
192Payment on death of beneficiary
193When money management applies
194How specified payment may be paid
195Other payments that may be paid to young person or on account of young person
196When young person may opt out of money management
197Criteria for managing payments
198Young person who opts out of money management or meets criteria for managing own payments may request payments redirected
199Electing money management
200Payment of specified payments if young person has elected money management
201Interpretation
202Requirements for application
203Circumstances when budgeting activity may be required
204Kinds of budgeting activities
205Appropriate number of weeks for calculating weekly income
206Debts due to the Crown
207Exceptions to duty to recover debts
208Debts caused wholly or partly by errors to which debtors did not intentionally contribute
209MSD must determine rate and methods of debt recovery
210MSD may defer temporarily recovery of debt
211Debt recovery directions
212Recovery from estate of deceased beneficiary of excess amount beneficiary obtained
213Recovery from estate of beneficiary’s deceased spouse or partner of excess amount beneficiary obtained
214Making and notice of assessment of amount
215Review of assessment of amount
216Amount due, etc, defined
217Deduction notice requiring debtor’s payer to deduct, and pay MSD, amount due
218Contents, copies, and revocation of deduction notice
219Debtor’s payer must, if requested, issue debtor deductions statement
220Debtor is, so far as amounts are deducted, discharged from debt
221Deduction notices issued to banks
222Deductions are held in trust
223Offences in relation to deduction notices
224Protected earnings
225Variation or discharge of deduction notice
226Penalty for late deductions
227Interpretation
228Person eligible to request suspension defined
229Work status and associated requirements
230Cash assets, income, and associated requirements
231Making and withdrawing requests for suspension
232Suspension of recovery of benefit debts
233Period of suspension defined
234Suspension starts only if benefit has been cancelled
235Suspension ceases if person receives benefit
236Non-qualifying spouses or partners of recipients of New Zealand superannuation or veteran’s pension
237Spouses or partners of persons granted working-age benefits payable at certain rates
238How MSD or person can meet requirement to give written notice or other document
239Rates and conditions of employment and payment: prescribed health practitioners
240Requirements for agreements with mutual assistance provisions
241Agreement terms and conditions for debt recovery
242Agreement terms and conditions for information exchange
243Adverse action against individual if discrepancy shown by information from other country
244Exception if specified information exchange provision produces unique identifier discrepancy
245Guide to Part 7
246Application under section 391 of Act to be made in writing
247Procedure on review
248Appeal is begun by written notice of appeal lodged within 3 months of notification or further allowed period
249Material that MSD must send to authority
250Fixing time and place for hearing of appeal
251Expenses payable to appellants
252Hearing of appeal: representation
253Hearing of appeal: evidence
254Determination of appeal
255Costs award or order in favour of, or against, appellant
256MSD may be required to pay authority’s costs
257Appeal is begun by notice of appeal lodged within period required by section 406 of Act
258Appellant must state, and lodge with authority, case stated
259Statement by authority of case stated lodged by appellant
260Appeal must be dealt with and determined as provided in rules of court
261Appeal is begun by notice of appeal lodged within 3 months of notification or further allowed period
262Travelling expenses and allowances related to medical board
263Guide to Part 8
264Interpretation
265Services to encourage and help young people to move into or remain in education, training, and employment
266Services in relation to financial support for young people
267Services in relation to work-preparation obligations
268Services in relation to social obligations
269Services in relation to work-test obligations
270Non-compulsory services accepted on voluntary basis
271Services relating to assessment
272Services for provision of activities, pre-benefit activities, and budgeting advice
273Authorised agencies
274Purpose of information sharing under this subpart
275Interpretation
276Education, employment, and training: circumstances in which contracted service provider may release or disclose to MSD personal information
277Education, employment, and training: circumstances in which MSD may release or disclose to contracted service provider personal information
278Purpose of information sharing under this subpart
279Functions and powers under section 365 of Act: circumstances in which contracted service provider may release or disclose to MSD personal information
280Section 373 services contract: circumstances in which MSD may release or disclose personal information to contracted service provider
281Conditions of information sharing
282Interpretation
283Issue and recall of cards
284Commencement and expiry of cards
285Form of SuperGold Cards
286Cardholders may elect to have photograph on card
287Eligibility for SuperGold Card
288Residential qualification for SuperGold Card
289Obligations of cardholders
290Authorised uses of SuperGold Cards
291Unauthorised use of SuperGold Cards
292Applications and notices
293Offences
294Income exemptions
295Revocations
Gazette Information
Reprint notes