Social Security Act 1964

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Reprint as at 1 July 2018

Social Security Act 1964

Public Act		1964 No 136
Date of assent		4 December 1964
Commencement		see section 1(2)

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.

This Act is administered by the Ministry of Social Development.

	Title
1	Short Title and commencement
	Part 1 Purpose, principles, general definitions, examples, and transitional and savings provisions relating to amendments to this Act
1A	Purpose
1B	Principles
2	Administration [Repealed]
3	Interpretation
3A	Delegation of powers by Minister [Repealed]
3B	Status of examples
3C	Transitional and savings provisions relating to amendments to this Act
4	Social Security Department [Repealed]
	Part 1A Administration: Ministerial directions, reviews, and appeals
	Ministerial directions
5	Chief executive to comply with directions
6	Social Security Commission [Repealed]
7	Acting Commissioners [Repealed]
8	Commissioners, Acting Commissioners, and other officers to be appointed under State Services Act 1962 [Repealed]
9	Meetings of Commission [Repealed]
10	Delegation of Director-General’s powers [Repealed]
	Reviews by benefits review committee
10A	Review of decisions of chief executive made under delegation by other decision makers
	Appeals to medical board
10B	Right of appeal on medical grounds
	Information and information matching
11	Power to obtain information
11A	Power to obtain information for matching purposes
11B	Code of conduct applying to obtaining information under section 11
11C	Matters to be included in code of conduct
	Application process, pre-benefit activities, and investigation of claims for and grants of benefits
11D	Application process for benefits
11E	Pre-benefit activities: requirements
11F	Pre-benefit activities: department must explain requirements
11G	Pre-benefit activities: consequences of non-compliance by applicant
11H	Pre-benefit activities: consequences of non-compliance by applicant’s spouse or partner
12	Investigation of claims and grant of benefits
	Appeal Authority
12A	Social Security Appeal Authority
12B	Term of office of members
12C	Extraordinary vacancies
12D	Special Appeal Authorities
12E	Deputies of members
12F	Remuneration and travelling allowances
12G	Services for Appeal Authority
12H	Authority to have seal
12I	Functions of Appeal Authority
	Appeals to Appeal Authority
12J	Rights of appeal
12K	Procedure on appeal
12L	Expenses payable to appellants
12M	Hearing and determination of appeal
12N	Sittings of Appeal Authority
12O	Costs
12OA	Costs incurred by Authority
12P	Notice of decision
	Appeals to courts
12Q	Appeals to High Court on questions of law only
12R	Appeals to Court of Appeal
12S	Appeals to Supreme Court
13	National superannuation [Repealed]
14	Residential qualification for national superannuation [Repealed]
15	Rates of national superannuation [Repealed]
16	Special provisions in respect of married couples where one spouse not entitled to national superannuation [Repealed]
17	Commencement and payment of national superannuation [Repealed]
18	Termination of national superannuation on death of recipient [Repealed]
19	Special allowance for South African War veterans [Repealed]
20	Additional benefit for South African War veterans [Repealed]
	Part 1B Sole parent support
20A	Sole parent support: meaning of applicant
20B	Sole parent support: when dependent child may be regarded as applicant’s child
20C	Sole parent support: split custody
20D	Sole parent support: standard eligibility requirements
20E	Sole parent support: obligations on beneficiaries
20F	Sole parent support: payment
20G	Sole parent support: rate
20H	Sole parent support: expiry, and replacement with jobseeker support, when youngest dependent child 14
	Widows’ benefits [Repealed]
21	Widows’ benefits [Repealed]
21A	Widows’ benefits: pre-benefit activities [Repealed]
22	Benefits to wives of mental patients [Repealed]
23	Benefits to deserted wives [Repealed]
24	Rates of widows’ benefits [Repealed]
25	Special provisions as to benefits to deserted wives [Repealed]
26	Continuation of benefit to deserted wife after divorce [Repealed]
27	Continuation of widow’s benefit when benefit ceases to be payable in respect of children [Repealed]
	Domestic purposes benefits [Repealed]
27A	Interpretation [Repealed]
27B	Domestic purposes benefits for solo parents [Repealed]
27BA	Split custody [Repealed]
27C	Domestic purposes benefits for women alone [Repealed]
27CA	Domestic purposes benefits under section 27B or 27C: pre-benefit activities [Repealed]
27D	Applicants for domestic purposes benefits for women alone to meet residential qualifications in section 74AA [Repealed]
27E	Continuation of benefit when benefit ceases to be payable in respect of children [Repealed]
27F	Special provisions as to maintenance [Repealed]
27G	Domestic purposes benefits for care at home of the sick or infirm [Repealed]
27H	Rates of domestic purposes benefits [Repealed]
	Contribution towards cost of domestic purposes benefits for solo parents [Repealed]
27I	Interpretation [Repealed]
27J	Maintenance order or agreement suspended while benefit is paid [Repealed]
27K	Liable parent to contribute towards cost of benefit and child supplement [Repealed]
27L	Director-General to give liable parent notice of grant of benefit [Repealed]
27M	Liable parent to notify Director General of total income, etc [Repealed]
27N	Director-General to assess contribution and notify liable parent [Repealed]
27O	Notice of objection [Repealed]
27P	Grounds on which objection may be made [Repealed]
27Q	Procedure to be followed where objection received [Repealed]
27R	Hearing of objection by court [Repealed]
27S	Findings of court [Repealed]
27T	Appeal from decisions of courts [Repealed]
27U	Proceedings not open to public [Repealed]
27V	Restriction of publication of reports [Repealed]
27W	Costs [Repealed]
27X	Recovery of unpaid contributions [Repealed]
27Y	Deduction notices [Repealed]
27Z	Effect of deduction notices [Repealed]
27ZA	Liability of employer [Repealed]
27ZB	Protected earnings [Repealed]
27ZC	Variation or discharge of deduction notice [Repealed]
27ZD	Transaction fee [Repealed]
27ZE	Wrongful treatment of employee [Repealed]
27ZF	Extent to which deduction notices bind the Crown [Repealed]
27ZG	Relief in cases of serious hardship [Repealed]
27ZH	Review of contributions [Repealed]
27ZI	Service of notices, etc, by Director-General [Repealed]
	Part 1C Orphans’ benefits, and unsupported child’s benefit
28	Orphans’ benefits
29	Unsupported child’s benefit
29A	Rates of orphan’s benefit and unsupported child’s benefit
29B	Clothing allowance for orphans and unsupported children
30	Period for which orphan’s benefit payable [Repealed]
31	Orphan’s benefit and unsupported child’s benefit to be used for benefit of child
	Family benefits [Repealed]
32	Family benefits [Repealed]
33	Residential qualifications for family benefit [Repealed]
34	Rate of family benefits [Repealed]
35	Period for which family benefit payable [Repealed]
36	Advance payment of family benefit [Repealed]
37	Person to whom family benefit payable [Repealed]
38	Family benefit to be expended for maintenance of children [Repealed]
39	Payment of family benefit not to restrict right to maintenance, compensation, or damages [Repealed]
	Part 1D Child disability allowance
39A	Child disability allowance
39B	Rate of child disability allowance
39C	Medical examination may be required
39D	Child disability allowance not payable with other benefit or pension
39E	Person to whom child disability allowance payable
	Part 1E Supported living payment
40A	Supported living payment: purpose
40B	Supported living payment: on ground of sickness, injury, disability, or total blindness: eligibility and ineligibility
40C	Supported living payment: on ground of sickness, injury, disability, or total blindness: medical examination
40D	Supported living payment: on ground of caring for patient requiring care: eligibility
40E	Supported living payment: on ground of caring for patient requiring care: medical examination
40F	Supported living payment: on ground of sickness, injury, disability, or total blindness: beneficiary’s obligations
40G	Supported living payment: on ground of sickness, injury, disability, or total blindness: spouse’s or partner’s obligations
40H	Supported living payment: on ground of caring for patient requiring care: beneficiary’s obligations
40HA	Supported living payment: on ground of caring for patient requiring care: spouse’s or partner’s obligations
40I	Supported living payment: rates
40J	Supported living payment: subsidy on totally blind beneficiaries’ earnings
40K	Supported living payment: on ground of sickness, injury, or disability: encouraging open employment
41	Residential qualifications for invalids’ benefits [Repealed]
42	Rates of invalids’ benefits [Repealed]
42A	Obligations on spouse or partner of invalid’s beneficiary [Repealed]
44	Medical examination of invalids [Repealed]
44A	Beneficiary receiving invalid’s benefit may establish whether open employment is sustainable [Repealed]
45	Invalids’ beneficiaries may be required to undertake activities [Repealed]
46	Refusal to undertake vocational training [Repealed]
	Work capacity assessment [Repealed]
47	Procedure for assessment of capacity for work [Repealed]
48	Assessment of capacity for work [Repealed]
49	Content of assessment [Repealed]
50	Effect of assessment [Repealed]
51	Reassessment [Repealed]
52	Funeral grant on death of miner [Repealed]
53	Miners’ widows’ benefits [Repealed]
	Appeals [Repealed]
53A	Right of appeal on medical grounds [Repealed]
	Sickness benefits [Repealed]
54	Sickness benefit: standard eligibility requirements [Repealed]
54A	Sickness benefit: grounds of hardship [Repealed]
54B	Sickness benefit: medical examinations [Repealed]
54C	Sickness benefit: payment [Repealed]
54D	Rates of sickness benefit [Repealed]
54DA	Sickness beneficiary may be required to comply with work test [Repealed]
54E	Obligations of spouse or partner of sickness beneficiary [Repealed]
54F	Transfer from community wage to sickness benefit on 1 July 2001 [Repealed]
55	Rates of sickness benefits [Repealed]
56	Medical examination of applicants for sickness benefits [Repealed]
57	Period for which sickness benefit payable [Repealed]
58	Unemployment benefits [Repealed]
59	Rates of unemployment benefits [Repealed]
59A	Mandatory interview or work test for spouse [Repealed]
59B	Young job seekers’ allowances [Repealed]
59C	Rates of young job seekers’ allowances [Repealed]
59D	Spouse of young job seeker’s allowance recipient [Repealed]
59E	Period for which young job seeker’s allowance payable [Repealed]
60	Commencement of unemployment benefit, etc [Repealed]
	Training benefits [Repealed]
60A	Training benefits: purpose [Repealed]
60AA	Training benefits: qualifications [Repealed]
60B	Rates of training benefits [Repealed]
60C	Period for which training benefit payable [Repealed]
60D	Job search allowance [Repealed]
60E	Rates of job search allowance [Repealed]
60F	Independent youth benefits: basic qualifications [Repealed]
60FA	Independent youth benefits: single persons [Repealed]
60FB	Independent youth benefits: persons who are married, in civil union, or de facto relationship [Repealed]
60FC	Independent youth benefits: persons enrolled in full-time course of secondary instruction [Repealed]
60FD	Independent youth benefits: sickness, injury, or disability [Repealed]
60G	Rates of independent youth benefit [Repealed]
60GAA	Period for which independent youth benefit payable [Repealed]
60GAB	Independent youth benefits: obligations [Repealed]
60GAC	Department to explain obligations to beneficiaries [Repealed]
	Part 1F Administration: further conditions of benefits, and obligations on beneficiaries
60GAD	Purpose of sections 60GAE and 60GAF
60GAE	Beneficiaries having additional dependent child: general
60GAF	Chief executive may refrain from applying section 60GAE
60GAG	Obligations to work with contracted service providers
60GA	Purposes of sections 60H to 60M [Repealed]
60H	Voluntary unemployment or loss of employment through misconduct, etc
60HA	Work preparation exercise [Repealed]
60HB	Effect of failure to attend or participate in mandatory interview [Repealed]
60HC	Beneficiaries to be work-tested [Repealed]
60HCA	General duty of Director-General to ensure that work-tested beneficiaries aware of obligations [Repealed]
60HD	Power of Director-General to grant exemption from mandatory interview or work test [Repealed]
60HE	Persons exempted from mandatory interview or work test to notify change of circumstances [Repealed]
60HF	Delay of work test obligation for existing beneficiaries [Repealed]
60I	Effect of redundancy payments, etc, on entitlement to benefits [Repealed]
60J	Failure to comply with work test [Repealed]
60JA	Penalty for failure to attend or participate in mandatory interview or comply with work test [Repealed]
60JB	Effect of recompliance with mandatory interview or work test [Repealed]
60JC	Reduction of benefit or non-entitlement period to end if person ceases to be subject to mandatory interview or work-testing [Repealed]
60K	Effect of undertaking employment [Repealed]
60KA	Effect of participation in approved activities [Repealed]
60L	Effect of sections 60H to 60J and section 60N on entitlement to supplementary benefits and on spouses [Repealed]
60M	Community task force scheme [Repealed]
60N	Effect of failure to participate in community task force project [Repealed]
60O	Interpretation [Repealed]
60P	Purposes of section 60Q
60Q	Certain obligations may be placed on beneficiaries and their spouses and partners
60R	Department to explain obligations to beneficiaries
60RA	Social obligations of certain beneficiaries with dependent children
60RAB	Social obligations: definitions, work test obligations exemption grounds, and regulations
60RB	Social obligations: department must explain requirements
60RC	Social obligations: sanctions for failures to comply
60S	Beneficiary must demonstrate commitment to employment plan at review [Repealed]
60T	Department must explain rights and obligations in relation to employment plans [Repealed]
60U	Failure to comply with employment plan obligations [Repealed]
60V	Procedure for determining whether failure is without good and sufficient reason [Repealed]
60W	Failure without good and sufficient reasons [Repealed]
60X	Procedure for imposing sanctions [Not in force]
60Y	Sanctions for failure to comply with obligations in relation to employment plan [Repealed]
60Z	Effect of compliance or agreement to comply [Repealed]
	Part 1G Emergency benefits
61	Chief executive may grant emergency benefit in cases of hardship
61AA	Social obligations of person granted emergency benefit
61A	Obligations of spouse or partner of person granted emergency benefit
61B	Special provisions in respect of child supplements [Repealed]
	Part 1H Administration: maintenance proceedings, and maintenance payable to the Crown
61C	Special powers of chief executive in respect of maintenance
61CA	Maintenance payable to Crown
	Part 1I Epidemics
61CB	Payment of benefits during epidemic in New Zealand
61CC	Granting of emergency benefits during epidemic in New Zealand
61CD	During epidemic benefits may be granted without normal investigations
61CE	Overseas epidemics affecting visitors to New Zealand
61CF	Special assistance for visitors affected by overseas epidemics
	Part 1J Funeral grants
61D	Interpretation
61DA	Restrictions on payment of funeral grants
61DB	Payment of funeral grants where there is a surviving spouse or partner or children
61DC	Payment of funeral grants where there is no surviving spouse or partner or children
61DD	Children’s funeral grants
61DE	Method of making payments
61DF	Method of making payments [Repealed]
61DG	Applications for lump sum payments after death [Repealed]
	Part 1K Accommodation supplement
61DH	Purpose of accommodation supplement
61E	Interpretation
61EA	Accommodation supplement
61EB	Special rules for joint tenants who are married, in civil union, or de facto relationship
61EC	Rates of accommodation supplement
61F	Rates of accommodation benefit [Repealed]
61FA	Rent rebate entitlement [Repealed]
61FB	Rate of rebate [Repealed]
61FC	Tenure protection allowance [Repealed]
61FD	Rate of tenure protection allowance [Repealed]
	Part 1KA Winter energy payment
61FE	Winter energy payment: purpose
61FF	Winter energy payment: interpretation
61FG	Winter energy payment: eligibility requirements
61FH	Winter energy payment: election not to receive
61FI	Winter energy payment: instalments, rates, and payment
61FJ	Winter energy payment: effect of absence of beneficiary from New Zealand
	Part 1L Temporary additional support
61G	Temporary additional support
	Part 1M Childcare assistance
61GA	Childcare assistance
	Part 1N Administration: rates of benefits, and other provisions on monetary benefits
	Alteration of rates of benefits
61H	Rates of benefits, etc, may be increased by Order in Council
61HA	Annual CPI adjustment of rates of certain benefits
61I	Regulations defining accommodation supplement areas
61IA	Orders are confirmable instruments
	Miscellaneous provisions as to monetary benefits
62	Grant of benefit after death of applicant
63	Conjugal status for benefit purposes
63A	Provisions relating to children who continue education
64	Mode of ascertaining income for benefit purposes
65	Adjustment of anomalies due to receipt of income subject to income tax [Repealed]
66	Exemption of income from friendly or like society
66A	Special exemption for severe disablement
66B	Redundancy and retirement payments not to be taken into account in determining rates of benefits
67	Exemption of income from domestic or nursing service [Repealed]
68	Exemption of income from former home property
68A	Special provisions applying to insurance payments
69	Power to increase rates of benefits payable to parents of deceased members of the forces or mercantile marine
69A	Telephone-service-rental allowance [Repealed]
69B	Television-licence-fee concessions [Repealed]
	Part 1O Disability provisions
69C	Disability allowance
69D	Transition to work allowance [Repealed]
69E	Interpretation [Repealed]
69F	Financial means assessments [Repealed]
69FA	Financial means assessments for home-based disability support services
	Part 1P Administration: overseas pensions, other conditions of benefits, reviews, and payments, debts, and deductions
	Overseas pensions
69G	Reasonable steps to be taken to obtain overseas pension
69H	Information on rate of overseas pension to be provided
69I	Duty of chief executive to assist
70	Rate of benefits if overseas pension payable
	Other conditions of benefits
70A	Rates of benefits for sole parents may be reduced
70B	Entitlement to benefits in cases of shared custody
71	Special provisions where compensation or damages recoverable by applicant
71A	Deduction of weekly compensation from income-tested benefits
72	Limitation where applicant receiving another benefit or pension
73	Limitation where applicant entitled to claim under Family Protection Act 1955
74	Limitation in certain other cases
74AA	Residential requirements for certain benefits
74A	Persons unlawfully resident or present in New Zealand
75	Beneficiaries in hospital
75A	Beneficiaries in treatment centres under Substance Addiction (Compulsory Assessment and Treatment) Act 2017
75B	Effect on benefit of warrant to arrest beneficiary
76	Forfeiture of benefit during detention in a prison
77	Effect of absence of beneficiary from New Zealand: provisions
77A	Effect of absence of beneficiary from New Zealand: department must explain provisions
78	Effect of absence of beneficiary from New Zealand on residential qualification
79	Persons who have had income tax deducted or withheld on earnings from employment overseas to be treated as resident and present in New Zealand
80	Commencement of benefits
80AA	Minister may allow back-dating of benefit where earlier failure to grant it based on error
80A	Duty to advise change of circumstances affecting entitlement to benefit
80B	Interpretation
80BA	Calculation of stand down
80BB	Delayed redundancy and retirement payments
80BC	Seasonal workers made redundant after benefit commences
80BD	Ending of benefits
80BE	Expiry and re-grant of specified benefits
80BF	Requirements for re-grant of specified benefits
80C	Effect of work test on entitlement to supplementary benefits and on spouses or partners
80D	Benefit applications by claimants under Accident Compensation Act 2001
	Reviews, payments, debts, and deductions
81	Review of benefits
82	Payment of benefits
82A	Duty to supply tax file number and consequence of failure to do so
83	Apportionment of benefit between spouses or partners
83AA	Apportionment of benefit between spouses or partners: one is liable for proportion other obtained by fraud if that one knew, or ought to have known, about other’s fraud
83A	Tax on benefits
84	Benefits to be inalienable
84A	Payment of benefit not to restrict right to maintenance
85	Termination of benefit on death of beneficiary [Repealed]
85A	Payments that are debts due to the Crown: general
85B	Payments that are debts due to the Crown: examples
86	Recovery of payments made in excess of authorised rates
86AA	Recovery from spouse or partner of unapportioned excess amount beneficiary obtained by fraud
86A	Deduction notices for debt
86B	Issue of deduction notice to State sector employer
86C	Discharge of debt
86D	Deduction notices issued on banks
86E	Deductions held in trust
86F	Offences in relation to deduction notices
86G	Protected earnings
86H	Variation or discharge of deduction notice
86I	Penalty for late deductions
86J	Notices
86K	Validation of benefit payments and other payments in respect of certain children in care
	Part 2 Jobseeker support, and administration: assessing work ability, work-testing, and sanctions
87	Purposes of this Part [Repealed]
88	Overview of this Part [Repealed]
	Definitions of terms in this Part
88A	Interpretation
	Jobseeker support
88B	Jobseeker support: standard eligibility requirements
88C	Jobseeker support: grounds of hardship
88D	Jobseeker support: ineligibility
88E	Jobseeker support: on ground of sickness, injury, or disability: medical examination
88F	Jobseeker support: obligations on beneficiaries
88G	Jobseeker support: obligations of spouse or partner of person granted it
88H	Jobseeker support: application for deferral of work test obligations
88I	Jobseeker support: chief executive’s powers and duties to defer work test obligations
88J	Jobseeker support: effect of deferral
88K	Jobseeker support: deferred or exempted people must notify change of circumstances
88L	Jobseeker support: payment
88M	Jobseeker support: rates
	Unemployment benefit [Repealed]
89	Unemployment benefit: standard eligibility requirements [Repealed]
90	Unemployment benefit: grounds of hardship [Repealed]
91	Unemployment benefit: ineligibility [Repealed]
92	Community wage: application on grounds of sickness, injury, or disability [Repealed]
93	Community wage: determination of application [Repealed]
93A	Additional fees for general medical services on public holidays and at night [Repealed]
94	Community wage: job seeker contract [Repealed]
94A	Rural practice bonuses [Repealed]
95	Job seeker contract for other beneficiaries [Repealed]
96	Community wage: not payable until job seeker contract signed [Repealed]
96A	Unemployment benefit: pre-benefit activities [Repealed]
96B	Department must explain obligations in relation to pre-benefit activities [Repealed]
97	Unemployment benefit: obligations on beneficiaries [Repealed]
97A	Immunisation benefit [Repealed]
98	Unemployment benefit: payment [Repealed]
99	Unemployment benefit: rates [Repealed]
99AA	Unemployment benefit: expiry [Repealed]
99AB	Unemployment benefit: requirements for re-grant [Repealed]
99A	Transfer from community wage to unemployment benefit on 1 July 2001 [Repealed]
100	Department’s obligations in respect of work testing and community wage [Repealed]
100A	Extension of power of use by Crown of patented invention [Repealed]
	Work ability assessment
100B	Chief executive may require person to undergo assessment
100C	Reassessment
100D	Assessment or reassessment: department must explain requirements
	Work test
101	Purpose of sections 102 to 123D
102	Application of work test
102A	Work test obligations
102B	Work test obligations: drug testing obligations
102C	Work test obligations: drug testing obligations on referral to opportunity of suitable employment
102D	Work test obligations: drug testing obligations: challenging sanction based solely on failing screening drug test
102E	Work test obligations: drug testing obligations: use and communication of drug test results
103	Delayed application of work test: age of dependent child [Repealed]
104	Delayed application of work test: bereavement or separation [Repealed]
104A	Transitional provision dealing with deferrals
105	Exemption from obligations
	Job seeker agreements [Repealed]
105A	Description of job seeker agreement and responsibilities arising from it [Repealed]
105B	Entering into and reviewing job seeker agreement [Repealed]
105C	Department to explain to beneficiaries their rights and obligations
105D	Job seeker contracts to have effect as job seeker agreements [Repealed]
	Deferral of work-test obligations [Repealed]
106	Application for deferral of work-test obligations [Repealed]
107	Chief executive may defer work-test obligations [Repealed]
108	Effect of deferral [Repealed]
109	Persons who are to notify change of circumstances affecting exemption or deferral [Repealed]
	Job seeker development activities [Repealed]
110	Defining job seeker development activities [Repealed]
111	Assistance provided by department
	Obligation to accept offer of employment [Repealed]
112	Organised activities to have effect as job seeker development activities [Repealed]
	Sanctions regime
113	Procedure for imposing sanctions
114	Notices
115	Failure to comply with work test [Repealed]
115A	Failure to comply with obligations under section 60GAB [Repealed]
116	Failure to participate in activity under section 60HA [Repealed]
116A	Failure to comply with obligations under section 60Q(2) [Repealed]
116B	Failures to comply with obligations
116C	Good and sufficient reasons for specified failures to comply
117	Sanctions that may be imposed for failures
118	Penalties for failure to participate in organised activity to satisfaction of chief executive [Repealed]
119	Calculation of failure rate
120	Modified effect in some cases of sanctions on rate of benefit for people married or in civil union or de facto relationship
120A	Costs incurred by Authority [Repealed]
121	Effect of sanctions on benefit of sole parent
	General provisions
122	Meaning of recompliance
122A	Recomplying after second failure to comply with drug testing obligations
123	Effect of ceasing to be subject to obligation to comply with work test or section 170 or 171, social obligation, or work preparation obligation
123A	Effect of employment on non-entitlement period
123B	Effect of participation in certain activities on non-entitlement period
123C	Application of Health and Safety at Work Act 2015 and Human Rights Act 1993
123D	Regulations
	Part 3 Administration: young persons services, welfare programmes and other money payable, preferred suppliers, contracts with administration service providers, artificial limbs, information disclosure, application of Human Rights Act 1993, and offences and general penalty
	Young persons services
123E	Services to encourage young persons to move into or remain in education, training, and employment
123F	Chief executive may enter into information-sharing agreement with chief executive of Ministry of Education
123G	Consultation on proposed agreement [Repealed]
123H	Agreements to be reviewed after 3 years [Repealed]
	Welfare programmes and other money payable
124	Money payable out of Crown Bank Account
	Preferred suppliers of goods or services for beneficiaries or others
125AA	Preferred supply of goods or services for beneficiaries or others
125	Advances to beneficiaries and war pensioners for repair or maintenance of home, etc [Repealed]
	Contracts with administration service providers
125A	Chief executive may contract with service providers
125B	Contracts with service providers: contents and form
125C	Release of personal information to and by contracted service provider
125D	Information-sharing in relation to young persons
125E	Chief executive may adopt existing contracts
125F	Information on provision of contracted services to be published
125G	Actions of contracted service providers in relation to young persons to be treated for certain purposes as if actions of department
125H	Operation of certain provisions to be reviewed after 3 years
125I	Complaints to Privacy Commissioner
	Artificial limbs
126	Cost of repair and replacement of artificial limbs
	Information disclosure
126A	Information on beneficiaries and former beneficiaries may be disclosed to Ministry of Justice for fines enforcement purposes
126AB	Disclosure of personal information to Registrar-General for birth registration purposes
126AC	Disclosure to department of warrant to arrest beneficiary for determining effect on benefit
	Application of Human Rights Act 1993
126B	Certain grounds of discrimination in Human Rights Act 1993 not to apply
	Offences and general penalty
127	Offences: false statements, misleading, or attempting to mislead, to receive or continue to receive benefits
127A	Offences: spouse or partner benefiting from excess amount knowing, or being reckless about whether, it is obtained by beneficiary’s fraud
128	Time for filing charging document
129	General penalty for offences
130	Exemptions from stamp duty [Repealed]
131	Declarations
131A	Disclosure of information between Department of Social Welfare and Department of Labour [Repealed]
131B	Definitions for purposes of sections 131C and 131D [Repealed]
131C	Notice of decision to suspend, reduce, or cancel work-tested benefit [Repealed]
131D	Reduction of notice period [Repealed]
131E	Notices [Repealed]
131F	Jurisdiction of Privacy Commissioner [Repealed]
131G	Privacy Commissioner to report on compliance with section 131C [Repealed]
	Part 3A Administration: regulations and rules, annual reports, and repeals and savings
132	Regulations
132AA	Regulations exempting items from treatment as income or cash assets may have retrospective effect
132AB	Regulations relating to temporary additional support
132A	Regulations providing for issue and use of entitlement cards
132AC	Regulations relating to childcare assistance
132AD	Regulations on use of disability allowance to fund specified expenses
132B	Regulations providing for assessment of financial means of people requiring disability services [Repealed]
132C	Regulations relating to overseas pensions
132D	Regulations exempting income and assets from assessment of financial means of people requiring certain disability services
132E	Regulations relating to work capacity assessment [Repealed]
132F	Regulations providing for participation allowance
132G	Regulations providing for remittance or suspension of debt
132H	Rules providing for determination of incomes of certain people by chief executive
132I	Rules relating to determination by chief executive of deprivation of property or income
132J	Regulations stating pre-benefit activities
132K	Regulations relating to advance payments of benefit
132L	Regulations relating to effect on benefit of warrant to arrest beneficiary
132M	Regulations relating to expiry and re-grant of specified benefits
133	Annual reports
134	Consequential amendment [Repealed]
135	Repeals and savings
	Part 4 Long-term residential care in hospital or rest home
136AA	Purpose of this Part
136AB	Overview of this Part
136	Interpretation
	Needs assessment
137	Needs assessment
138	Effect of being assessed as requiring long-term residential care in hospital or rest home indefinitely
	Liability to pay
139	Personal obligation to pay for care
140	Funder’s liability in respect of persons whose assets are above applicable asset threshold or who have not been means assessed
141	Funder’s liability in respect of persons whose assets are equal to or below applicable asset threshold
142	Funder’s liability in respect of exempt persons and elderly victims of crime
143	Residents assessed as requiring care aged 50 to 64 not required to pay out of assets
	Means assessment
144	Application for means assessment
145	Date of means assessment
146	Means assessment as to assets
147	Means assessment as to income
147A	Deprivation of assets and income
148	Notice of means assessment (including reviews)
149	Obligation to advise change of circumstances and right to apply for review
150	Review of means assessment
151	Conjugal status for purpose of means assessment
	Miscellaneous
152	Maximum contributions set by Gazette notice
153	Residential care loan scheme
154	Clothing allowance
155	Regulations relating to this Part
	Part 5 Financial support for young people
156	Purpose
157	Interpretation
	Youth payment
158	Youth payment: basic criteria
159	Youth payment: single young persons
160	Youth payment: young persons who are or have been married, or in civil union or de facto relationship
161	Youth payment: ground of hardship
162	Youth payment: continuation after age 18
163	Youth payment: rate and components
	Young parent payment
164	Young parent payment: basic criteria
165	Young parent payment: single young persons
166	Young parent payment: persons who are or have been married, or in civil union or de facto relationship
167	Young parent payment: ground of hardship
168	Young parent payment: continuation after turning 20
169	Young parent payment: rate and components
	Obligations
170	Youth support payments: obligations
171	Obligations of, and incentives for, spouses and partners of specified beneficiaries
172	Department to explain obligations to young person
	Sanction regime
173	Sanctions for failure by young person receiving youth payment to comply with obligations under section 170
174	Sanctions for failure by young person receiving young parent payment to comply with obligations under section 170
174A	Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations
174AB	Sanctions for failure by young person required to receive youth services to comply with obligations
175	Effect of sanctions on supplementary benefits
176	Sanctions generally
177	Effect of sanction on young parent payment
178	Incentive payment may be cancelled if young person’s actions inconsistent with purpose
	Administration
179	Money management in relation to youth support payments: general
180	Young person beneficiaries may elect money management
181	Chief executive may assign contracted service provider to young person
	Schedule 1 Rates of superannuation benefits [Repealed]
	Schedule 2 Rates of age benefits [Repealed]
	Schedule 3 Rates of generally abolished former widows’ benefits under section 21 as saved by clause 3 of Schedule 32 for reciprocity agreement applicants or recipients
	Schedule 3A Rate of sole parent support
	Schedule 4 Maximum rates of orphans’ benefits and unsupported child’s benefits
	Schedule 5 Rates of family benefits [Repealed]
	Schedule 6 Rates of supported living payment benefits
	Schedule 7 Rates of miners’ benefits and miners’ widows’ benefits [Repealed]
	Schedule 8 Rates of benefit payable to person receiving a sickness benefit immediately before 1 July 1998 [Repealed]
	Schedule 9 Rates of jobseeker support
	Schedule 10 Special income exemption in respect of sick benefits from friendly or like society (stated benefits only)
	Schedule 11 Special income exemption in respect of earnings from domestic and nursing service [Repealed]
	Schedule 12 Maximum increase in rate of benefit payable to parent of deceased member of forces or mercantile marine
	Schedule 13 Enactments repealed
	Schedule 14 Child supplements [Repealed]
	Schedule 15 Maximum rate of rehabilitation allowance [Repealed]
	Schedule 16 Rates of generally abolished former DPB for solo parents under section 27B as saved by clause 3 of Schedule 32 for reciprocity agreement applicants or recipients
	Schedule 17 Rates of domestic purposes benefits [Repealed]
	Schedule 18 Accommodation supplement
	Schedule 18A Rates of winter energy payment
	Schedule 19 Rates of child disability allowance and disability allowance
	Schedule 20 Rates of contributions by liable parents to cost of domestic purposes benefit [Repealed]
	Schedule 21 Rates of family care grants [Repealed]
	Schedule 22 Rates of benefits payable to long-term hospital patients
	Schedule 23 Transition to work allowance [Repealed]
	Schedule 24 Rates of national superannuation [Repealed]
	Schedule 25 Rate of telephone-service-rental allowance [Repealed]
	Schedule 26 Rates and component of youth payment and young parent payment, and criteria for incentive payments
	Schedule 27 Means assessment under Part 4
	Schedule 28 Period of benefit stand down
	Schedule 29 Powers, functions, and discretions of the Director-General that may be delegated to the chief executive of the Department of Labour [Repealed]
	Schedule 30 Method of calculating ability to make payments towards costs of home-based disability support services under section 69FA
	Schedule 31 Asset and income limits that may be applied to certain assistance
	Schedule 32 Validation, transitional, and savings provisions related to amendments to this Act
	Social Security Amendment Act 1972
	Social Security Amendment Act 1973
	Social Security Amendment Act 1975
	Social Security Amendment Act 1978
	Child Support Act 1991
	Social Security Amendment Act (No 3) 1993
	Social Security Amendment Act 1994
	Social Security Amendment Act 1996
	Social Security Amendment Act (No 3) 1996
	Social Security Amendment Act (No 4) 1997
	Social Security (Personal Development and Employment) Amendment Act 2002
	Social Security (Working for Families) Amendment Act 2004
	Social Security (Long-term Residential Care) Amendment Act 2004
	Social Security Amendment Act 2005
	Social Security (Social Assistance) Amendment Act 2005
	Social Security (Long-term Residential Care) Amendment Act 2006
	Social Security Amendment Act 2007
	Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010
	Social Security (Youth Support and Work Focus) Amendment Act 2012
	Social Security Amendment Act 2015
	Reprint notes

An Act to consolidate and amend the Social Security Act 1938 and its amendments

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Social Security Act 1964

Social Security Act 1964

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