Social Security Amendment Act 1967
Social Security Amendment Act 1967
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Social Security Amendment Act 1967
Social Security Amendment Act 1967
Public Act |
1967 No 4 |
|
Date of assent |
7 June 1967 |
|
Contents
An Act to amend the Social Security Act 1964
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the Social Security Amendment Act 1967, and shall be read together with and deemed part of the Social Security Act 1964 (hereinafter referred to as the principal Act).
Part I Monetary Benefits
2 Limitation where applicant receiving another benefit or war pension
Section 72 of the principal Act is hereby amended—
(a)
By inserting in subparagraph (iii) of paragraph (b), after the words “Emergency Reserve Corps”
, the word “or”
:
(b)
By omitting from the proviso to paragraph (b) the words “or a pension under section 51 or section 52 of that Act”
.
3 Benefits to be inalienable
Section 84 of the principal Act is hereby amended by omitting from subsection (2) the words “that would constitute”
, and substituting the words “where that demand, acceptance, acknowledgment, or undertaking would constitute”
.
4 Termination of benefit on death of beneficiary
(1)
Section 85 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:
“(2)
Notwithstanding anything in paragraph (c) of subsection (1) of this section, where the beneficiary dies leaving a widow or widower or any dependent child or children, the Commission may, in its discretion, pay to the widow or widower or any dependent child or children, as the case may be, a lump sum as follows:
“(a)
Where the beneficiary was in receipt of an age benefit, or an emergency benefit which in the opinion of the Commission is analogous to an age benefit, an amount not exceeding one-quarter of the yearly rate of benefit to which the beneficiary was entitled in respect of himself immediately before death:
“(b)
Where the beneficiary was in receipt of a widow’s benefit, or an emergency benefit which in the opinion of the Commission is analogous to a widow’s benefit, an amount not exceeding the amount that would have been payable had the benefit, including mother’s allowance (if any), continued to the end of the pay period next following the pay period in which the beneficiary dies:
“(c)
Where the beneficiary was in receipt of an invalid’s benefit, or an emergency benefit which in the opinion of the Commission is analogous to an invalid’s benefit, an amount not exceeding the amount that would have been payable to the beneficiary in respect of himself had the benefit continued to the end of the pay period next following the pay period in which the beneficiary dies.”
(2)
Section 85 of the principal Act is hereby further amended by omitting from subsection (3) the words “any benefit that may thereafter become payable under subsection (1) or subsection (2)”
, and substituting the words “any benefit that may thereafter become payable under subsection (1) of this section or any lump sum payable under subsection (2)”
.
5 Payment of supplementary assistance may be deemed an advance
The principal Act is hereby further amended by inserting, after section 124, the following section:
“124a
“(1)
Where—
“(a)
Pursuant to paragraph (d) of subsection (1) of section 124 of this Act, any payment is made out of the Consolidated Revenue Account to any person by way of supplementary assistance; and
“(b)
The payment is conditional so far as the Commission, in its discretion, has determined that the payment is refundable; and
“(c)
That person is the registered proprietor of an estate or interest in land,—
the payment shall be deemed to be an advance and shall be a charge upon the estate or interest in land, and may be registered against the land under the provisions of the Statutory Land Charges Registration Act 1928.
“(2)
Except with the consent of the Commission, no dealing in connection with any such estate or interest (other than a dealing which is not required to be executed by the registered proprietor) shall be registered while a charge under this section is registered against the land.
“(3)
For the purposes of the Statutory Land Charges Registration Act 1928, notice of any charge under this section and any certificate releasing any such charge and any consent under subsection (2) of this section may be signed by any member of the Commission.
“(4)
For the purposes of this section ‘land’ has the same meaning as in the Statutory Land Charges Registration Act 1928.”
6 Increasing rates of superannuation and other benefits
(1)
The principal Act is hereby further amended by repealing the First, Second, Third, Fourth, Sixth, Seventh, Eighth, and Ninth Schedules (as substituted by section 2(1) of the Social Security Amendment Act 1966) and the Fifth, Tenth, Eleventh, and Twelfth Schedules, and substituting the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, and Twelfth Schedules set out in the Schedule to this Act.
(2)
Section 2 of the Social Security Amendment Act 1966 and the Schedule to that Act are hereby repealed.
(3)
This section and the Schedule to this Act shall be deemed to have come into force on the twenty-fifth day of January, nineteen hundred and sixty-seven.
Part II Medical and Hospital Benefits and Other Related Benefits
7 Interpretation
(1)
Subsection (1) of section 88 of the principal Act is hereby amended by omitting from the definition of the term “hospital patient”
the words “hospital treatment”
, and substituting the words “medical or surgical treatment”
.
(2)
Subsection (1) of section 88 of the principal Act is hereby further amended by omitting from paragraph (d) of the definition of the term “maternity benefits”
the words “not earlier than seven days after having received ante-natal advice or treatment from any medical practitioner or mid-wife”
.
(3)
Subsection (1) of section 88 of the principal Act is hereby further amended by repealing the definition of the term “medical benefits”
.
(4)
Subsection (1) of section 88 of the principal Act is hereby further amended by omitting from the definition of the term “pharmaceutical benefits”
the words “medical benefits or other”
.
8 Right to benefits restricted in cases where person receiving medical or other treatment is entitled to claim compensation or damages
(1)
Section 92 of the principal Act is hereby amended by adding to subsection (4) the following paragraph:
“(f)
Subject to paragraphs (d) and (e) of this subsection, any person who has recovered or is or has been entitled to recover any compensation or special damages in respect of any matter shall not be entitled to receive any benefit (other than a pharmaceutical benefit) in respect of the same matter except to the extent (if any) to which the amount of the benefit to which he would otherwise be entitled exceeds the amount of the compensation or special damages.”
(2)
Section 92 of the principal Act is hereby further amended by inserting in subsection (6), after the words “section 79”
, the words “or section 80”
.
9 Specialist medical services
Section 97 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:
“(2)
No person shall be entitled to receive a refund under this section if some other benefit or supplementary benefit is available under this Part of this Act in respect of any specialist medical services so provided.”
10 Maternity benefits
Section 106 of the principal Act is hereby amended by repealing subsections (2) and (3).
11 Fixing of fees
Section 111 of the principal Act is hereby amended by omitting from subsection (2) the words “New Zealand Branch of the British Medical Association”
, and substituting the words “Medical Association of New Zealand”
.
12 Obstetric specialists
Section 113 of the principal Act is hereby amended by omitting from subsection (2) the words “New Zealand Branch of the British Medical Association”
, and substituting the words “Medical Association of New Zealand”
.
13 Regulations
Section 123 of the principal Act is hereby amended by repealing paragraph (i).
Schedule NEW FIRST, SECOND, THIRD, FOURTH, FIFTH, SIXTH, SEVENTH, EIGHTH, NINTH, TENTH, ELEVENTH, AND TWELFTH SCHEDULES TO PRINCIPAL ACT (Effective on and from 25 January 1967)
Section 6
“FIRST SCHEDULE Rates of Superannuation Benefits
Section 15
1.
In every case £279 10s. a year.
2.
The rate specified in clause 1 of this Schedule may, in the discretion of the Commission, be increased by £26 a year in any case where the beneficiary is an unmarried person:
Provided that the Commission may refuse to increase any benefit under this clause in any case where, in the opinion of the Commission, the beneficiary is sharing household expenses with any other person.
“SECOND SCHEDULE Rates of Age Benefits
Sections 18, 19, 20
1.(a)To any unmarried beneficiary |
£305 10s. a year, diminished by £1 for every complete £1 of the annual income of the beneficiary in excess of £208 a year. | |
(b)To a married beneficiary whose wife or husband is granted an age benefit or invalid’s benefit in her or his own right |
£279 10s. a year, diminished by 10s. for every complete £1 of the total annual income of the beneficiary and his or her spouse in excess of £208 a year. | |
(c)To a married male beneficiary whose wife is not granted a benefit in her own right |
£279 10s. a year, increased by £279 10s. a year in respect of his wife, the total rate to be diminished by £1 for every complete £1 of the total annual income of the beneficiary and his wife in excess of £208 a year. | |
(d)To any other married beneficiary |
£279 10s. a year, diminished by £1 for every complete £1 of the total annual income of the beneficiary and the spouse of the beneficiary, including the amount of any benefit under Part I of this Act (other than an increase of benefit under section 69) granted to the spouse of the beneficiary in excess of £487 10s. a year: | |
| Provided that the rate specified in paragraph (a) of this clause may, in the discretion of the Commission, be reduced by an amount not exceeding £26 a year in any case where the Commission is satisfied that the beneficiary is sharing household expenses with any other person: | ||
| Provided also that in computing for the purposes of this clause the income of any totally blind person the Commission shall take no account of the personal earnings of that person: | ||
| Provided further that in any case where a beneficiary is totally blind, the rate of the age benefit, together with any benefits and allowances payable to or in respect of the wife or husband of the beneficiary, shall not be less than the aggregate rate of the benefits and allowances that would have been payable to or in respect of the beneficiary and his or her spouse if the beneficiary had been eligible for an invalid’s benefit. | ||
2.Special income exemption where application for age benefit deferred |
£6 10s. a year in respect of each year of deferment | |
3.Additional age benefit for South African War veterans, in every case |
£26 a year. | |
“THIRD SCHEDULE Rates of Widows’ Benefits
Sections 21, 24
1.To a beneficiary without dependent children |
£305 10s. a year, diminished by £1 for every complete £1 of the annual income of the beneficiary in excess of £208 a year. | |
2.To a beneficiary with one or more dependent children |
£305 10s. a year, increased, in the discretion of the Commission, by a mother’s allowance not exceeding the appropriate rate specified in clause 3 of this Schedule, and diminished by £1 for every complete £1 of the annual income of the beneficiary in excess of £312 a year. | |
3.Additional mother’s allowance to a beneficiary |
||
(a)On account of first or only dependent child |
£214 10s. a year. | |
(b)On account of each additional dependent child after the first |
£26 a year. | |
4.The rates specified in clauses 1 and 2 of this Schedule may, in the discretion of the Commission, be reduced by an amount not exceeding £26 a year in any case where the Commission is satisfied that the beneficiary is sharing household expenses with any other person. |
||
“FOURTH SCHEDULE Maximum Rate of Orphans’ Benefits
Section 29
| In every case | £156 a year, diminished by £1 for every complete £1 of the annual income of the orphan in excess of £52 a year. |
“FIFTH SCHEDULE Rates of Family Benefits
Section 34
In respect of each child 15s. a week.
“SIXTH SCHEDULE Rates of Invalids’ Benefits
Sections 42, 43
1.(a)To an unmarried beneficiary under the age of 20 years |
£266 10s. a year, diminished by £1 for every complete £1 of the annual income of the beneficiary in excess of £208 a year. | |
(b)To any other unmarried beneficiary |
£305 10s. a year, diminished by £1 for every complete £1 of the annual income of the beneficiary in excess of £208 a year. | |
(c)To a married beneficiary whose wife or husband is granted an age benefit or invalid’s benefit in her or his own right |
£279 10s. a year, diminished by 10s. for every complete £1 of the total annual income of the beneficiary and his or her spouse in excess of £208 a year. | |
(d)To a married male beneficiary whose wife is not granted a benefit in her own right |
£279 10s. a year, increased by £279 10s. a year in respect of his wife, the total rate to be diminished by £1 for every complete £1 of the total annual income of the beneficiary and his wife in excess of £208 a year. | |
(e)To any other married beneficiary |
£279 10s. a year, diminished by £1 for every complete £1 of the total annual income of the beneficiary and the spouse of the beneficiary, including the amount of any benefit under Part I of this Act (other than an increase under section 69 of this Act) granted to the spouse of the beneficiary, in excess of £487 10s. a year: | |
| Provided that the rates specified in paragraphs (a) and (b) of this clause may, in the discretion of the Commission, be reduced by an amount not exceeding £26 a year in any case where the Commission is satisfied that the beneficiary is sharing household expenses with any other person: | ||
| Provided also that in computing for the purposes of this clause the income of any totally blind person, the Commission shall take no account of the personal earnings of that person. | ||
2.Maximum amount from all sources where subsidy paid on earnings of blind invalid, in every case |
£643 10s. a year, increased, in the discretion of the Commission, by £26 a year where the beneficiary is an unmarried person. | |
“SEVENTH SCHEDULE Rates of Miners’ Benefits and Miners’ Widows’ Benefits
Sections 49, 53
1.(a)To a married miner |
£279 10s. a year, increased by £279 10s. a year in respect of his wife. | |
(b)In any other case |
£305 10s. a year. | |
2.To a miner’s widow |
£273 a year. | |
3.The rates specified in paragraph (b) of clause 1 and clause 2 of this Schedule may, in the discretion of the Commission, be reduced by an amount not exceeding £26 a year in any case where the Commission is satisfied that the beneficiary is sharing household expenses with any other person. |
||
“EIGHTH SCHEDULE Rates of Sickness Benefit
Sections 55
1.(a)To an unmarried beneficiary under the age of 20 years without dependants |
£4 12s. 6d. a week, diminished by Is for every complete 1s. of the weekly income of the beneficiary in excess of £4 a week. | |
(b)To any other unmarried beneficiary |
£5 17s. 6d. a week, diminished by 1s. for every complete 1s. of the weekly income of the beneficiary in excess of £4 a week. | |
(c)To a married male beneficiary |
£5 7s. 6d. a week, increased by £5 7s. 6d. a week in respect of his wife, the total rate to be diminished by 1s. for every complete 1s. of the total weekly income of the beneficiary and his wife in excess of £4 a week. | |
(d)To a married female beneficiary |
£5 7s. 6d. a week, diminished by 1s. for every complete 1s. of the total weekly income of the beneficiary and her husband (including the amount of any benefit under Part I of this Act received by the husband) in excess of £9 7s. 6d. a week: | |
| Provided that the rates specified in paragraphs (a) and (b) of this clause may, in the discretion of the Commission, be reduced by an amount not exceeding 10s. a week in any case where the Commission is satisfied that the beneficiary is sharing household expenses with any other person. | ||
2.Maximum increase in respect of housekeeper |
£4 17s. 6d. a week. | |
“NINTH SCHEDULE Maximum Rates of Unemployment Benefits
Sections 59
1.(a)To an unmarried beneficiary under the age of 20 years without dependants |
£4 12s. 6d. a week. | |
(b)To any other unmarried beneficiary |
£5 17s. 6d. a week. | |
(c)To a married male beneficiary |
£5 7s. 6d. a week, increased by £5 7s. 6d. a week in respect of his wife. | |
(d)To a married female beneficiary |
£5 7s. 6d. a week: | |
| Provided that the rates specified in paragraphs (a) and (b) of this clause may, in the discretion of the Commission, be reduced by an amount not exceeding 10s. a week in any case where the Commission is satisfied that the beneficiary is sharing household expenses with any other person. | ||
2.Maximum increase in respect of a housekeeper |
£4 17s. 6d. a week. | |
“TENTH SCHEDULE Special Income Exemption in Respect of Sick Benefits from Friendly or Like Society (Age, Invalids’, Widows’, and Sickness Benefits Only)
Section 66
| Maximum rate | 20s. a week in the case of a sickness benefit, and £52 a year in any other case. |
“ELEVENTH SCHEDULE Special Income Exemption in Respect of Earnings from Domestic and Nursing Service
Section 67
| Maximum rate | 30s. a week in the case of a sickness benefit, and £78 a year in any other case. |
“TWELFTH SCHEDULE Maximum Increase in Rate of Benefit Payable to Parent of Deceased Member of Forces or Mercantile Marine
Section 69
| Maximum rate | 10s. a week.” |
This Act is administered in the Social Security Department.
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Versions
Social Security Amendment Act 1967
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