Supplementary Order Paper No 51

No 51

House of Representatives

Supplementary Order Paper

Tuesday, 24 July 2018

Social Security Legislation Rewrite Bill

Proposed amendments to SOP No 25

Hon Carmel Sepuloni, in Committee, to move the following amendments:

Clause 324

In clause 324(1), after section 151 (page 187), insert or 152.

Clause 346

In clause 346(2)(c), replace 326:” (page 197) with 326.”

Delete clause 346(2)(d) (page 197).

Clause 348

In clause 348(1)(b), delete “redirection under regulations made under section 421(2)(a), or” (page 198).

Clause 410

After clause 410(1) (page 237), insert:

(1A)

Regulations made under subsection (1)(d) may authorise a required or permitted deferral of a person’s work-test obligations to be granted—

(a)

for a period set by MSD; or

(b)

on conditions set by MSD; or

(c)

both for a period, and on conditions, set by MSD.

Clause 421

In clause 421(5)(c), replace “payment; or” (page 249) with “payment.”

Delete clause 421(5)(d) (page 249).

Schedule 1

In Schedule 1, clause 38(8), replace 421(2)(a) (page 313) with 421(2)(d).

Schedule 2

In Schedule 2, delete the definition of dentist (page 332).

Schedule 12

In Schedule 12, Part C, after the item relating to clause 144 (page 471), insert:

144ANew

In Schedule 12, Part C, delete the item relating to clause 439 (page 481).

In Schedule 12, Part C, after the item relating to Schedule 4, Part 6 (accommodation supplement) (page 482), insert:

Part 6A (winter energy payment)Schedule 18A (winter energy payment)

In Schedule 12, Part C, replace the items relating to clauses 1 to 5 of Schedule 9 (page 484) with:

110B(4), (5)
210A(4)
310A(5)
410A(6)

Explanatory note

This Supplementary Order Paper sets out amendments to the Social Security Legislation Rewrite Bill.

Clause 324(1) is amended so that a young person to whom clause 152 applies (namely, one who is 16 to 19 years old, is the spouse or partner of a specified beneficiary, and has 1 or more dependent children) can continue to be able to elect money management (as under section 180 of the Social Security Act 1964).

Clauses 346(2) and 348(1)(b), and clause 38(8) of Schedule 1, are amended because they refer to clause 421(2)(a) and that provision is proposed to be deleted under SOP No 49.

New clause 410(1A) ensures that work-test obligations deferral regulations made under clause 410(1)(d) can re-enact the period- and conditions-setting provisions currently in section 88I(3) of the Social Security Act 1964.

Clause 421(5)(d) is about New Zealand superannuation payable to a person who under section 12(2) of the New Zealand Superannuation and Retirement Income Act 2001 elects to receive New Zealand superannuation at the appropriate rate stated in either clause 1 or clause 2 of Schedule 1 of that Act. Clause 421(5)(d) is deleted so that New Zealand superannuation can continue to be apportioned (as under section 83(2) of the Social Security Act 1964). Apportionment, under regulations made under clause 421(1) and (2)(f), will continue to be expressly subject to (that right to elect to receive New Zealand superannuation at that appropriate rate in) section 12(2) of the New Zealand Superannuation and Retirement Income Act 2001.

Schedule 2 is amended to delete the definition of dentist, because it is replaced by regulations made under clause 397(1)(aa).

Schedule 12 (comparative tables) is amended to update and correct Part C, which lists each provision in the new Social Security Act and the corresponding provision in the former enactments, or states that the provision is new.

Departmental disclosure statement

The Ministry of Social Development considers that a departmental disclosure statement is not required to be prepared for this Supplementary Order Paper.