Social Security Act 1964

  • repealed
  • Social Security Act 1964: repealed, on 26 November 2018, by section 455(1) of the Social Security Act 2018 (2018 No 32).
60GAE Beneficiaries having additional dependent child: general

(1)

This section applies to a person (the beneficiary parent) who (whether or not by having given birth) becomes a caregiver, or the principal caregiver, of a dependent child (an additional dependent child) while the person—

(a)

is receiving sole parent support, a supported living payment, jobseeker support, or an emergency benefit (whether in his or her own right, or as the spouse or partner of the person granted the benefit); and

(b)

is already a caregiver, or the principal caregiver, of a dependent child or children.

(1A)

Subsection (1) does not apply to a person at a time when—

(a)

there is in force under section 19(1) of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 an order declaring that the provisions contained in an agreement or convention with the government of another country set out in a schedule to the order have force and effect so far as they relate to New Zealand; and

(b)

he or she is ordinarily resident in that country.

(2)

An additional dependent child aged 1 or over must not be included in the determination for the purposes of the definitions of part-time work-tested beneficiary, work-tested sole parent support beneficiary, and work-tested spouse or partner in section 3(1) and section 60Q(1) or for the purposes of section 20D(1)(c) (which relates to eligibility for sole parent support) of—

(a)

the age of the youngest dependent child of the beneficiary parent concerned; and

(b)

whether the beneficiary parent concerned has a dependent child or children under 3 or 14 (and if so, how many).

(3)

Subsection (2) may apply to 2 or more additional dependent children of the same beneficiary parent.

(3A)

In applying subsection (2) to a beneficiary of a kind specified in one of the following paragraphs for the purposes only of section 20D(1)(c) (which relates to eligibility for sole parent support), “An additional dependent child aged 1 or over” must be read as “An additional dependent child at all times after that child is born”:

(a)

a beneficiary transferred to jobseeker support by clause 2(11) of Schedule 32:

(b)

a beneficiary whose sole parent support under section 20D expired on the date that the beneficiary’s youngest dependent child turned 14 years old, and has been replaced with jobseeker support, under section 20H.

(4)

The chief executive may apply this section in relation to any dependent child or children of whom a person who already has any dependent child or children becomes a caregiver, or the principal caregiver, if satisfied that—

(a)

the person’s situation is analogous to that of a person to whom subsection (1) applies; or

(b)

to do so would best achieve the purpose stated in section 60GAD.

(5)

An example of a situation that is analogous to that of a person to whom section 60GAE(1) applies is that of a woman who gives birth during a period when she has temporarily ceased receiving a benefit (whether in her own right, or as the spouse or partner of the person granted the benefit).

(6)

Subsection (5) does not limit the generality of subsection (4).

Section 60GAE: inserted, on 15 October 2012, by section 39 of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

Section 60GAE(1)(a): amended, on 15 July 2013, by section 71(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60GAE(1)(a): amended, on 15 July 2013, by section 85(1)(b) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60GAE(1)(a): amended, on 15 July 2013, by section 96(1)(f) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60GAE(1)(a): amended, on 15 July 2013, by section 113(2)(a) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60GAE(1)(a): amended, on 15 July 2013, by section 128(1)(e) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60GAE(1A): inserted, on 15 July 2013, by section 22(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60GAE(1A)(a): amended, on 5 December 2013, by section 15(4)(f) of the Social Welfare (Transitional Provisions) Amendment Act 2013 (2013 No 132).

Section 60GAE(2): amended, on 15 July 2013, by section 22(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60GAE(2): amended, on 15 July 2013, by section 71(2) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60GAE(2): amended, on 15 July 2013, by section 71(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 60GAE(2)(b): amended, on 1 April 2016, by section 6 of the Social Security Amendment Act (No 2) 2015 (2015 No 116).

Section 60GAE(3A): inserted, on 15 July 2013, by section 22(3) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).