Social Security Act 1964

Before its repeal, this Act was administered by: Ministry of Social Development
  • repealed
  • Social Security Act 1964: repealed, on 26 November 2018, by section 455(1) of the Social Security Act 2018 (2018 No 32).
63 Conjugal status for benefit purposes

For the purposes of determining any application for any benefit, or of reviewing any benefit already granted, or of determining the rate of any benefit, or of the granting of any payment of a funeral grant under section 61DB or of any welfare programme approved by the Minister under section 124(1)(d), or of assessing the financial means of any person under section 69FA or Part 4 (and with every determination under this section also applying for every debt-recovery or offence provision in or under this Act), but subject to section 151, the chief executive may in the chief executive’s discretion—

(a)

regard as single any applicant or beneficiary who is married or in a civil union but is living apart from his or her spouse or partner:

(b)

regard as married any 2 people who, not being legally married or in a civil union, have entered into a relationship in the nature of marriage—

and may determine a date on which they shall be regarded as having commenced to live apart or a date on which they shall be regarded as having entered into such a relationship, as the case may be, and may then in the chief executive’s discretion grant a benefit, refuse to grant a benefit, or terminate, reduce, or increase any benefit already granted, from that date accordingly.

Section 63: replaced, on 11 October 1978, by section 17(1) of the Social Security Amendment Act 1978 (1978 No 58).

Section 63: amended, on 7 July 2014, by section 6 of the Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 (2014 No 21).

Section 63: amended, on 1 July 2005, by section 13(1) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

Section 63: amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 63: amended, on 17 September 1997, by section 16 of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 63: amended, on 1 August 1991, by section 17 of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

Section 63: amended, on 23 June 1987, by section 2(3)(d) of the Social Security Amendment Act 1987 (1987 No 106).

Section 63(a): replaced, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).

Section 63(b): amended, on 19 August 2013, by section 9 of the Marriage (Definition of Marriage) Amendment Act 2013 (2013 No 20).

Section 63(b): amended, on 26 April 2005, by section 3 of the Social Security Amendment Act 2005 (2005 No 21).