Social Security Amendment Act 1984
Social Security Amendment Act 1984
Social Security Amendment Act 1984
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Social Security Amendment Act 1984
Public Act |
1984 No 8 |
|
Date of assent |
9 November 1984 |
|
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 and commencement
(1)
This Act may be cited as the Social Security Amendment Act 1984, and shall be read together with and deemed part of the Social Security Act 1964 (hereinafter referred to as the principal Act).
(2)
Except as provided in sections 4(2), 5(2), 6(4), 11(2), and 13(2) of this Act, this Act shall come into force on the 21st day of November 1984.
2 Administration
Section 2 of the principal Act (as substituted by section 15(1) of the Department of Social Welfare Act 1971) is hereby amended by inserting, after the words “this Part of this Act”
, the words “and Part Ia of this Act”
.
3
(1)
Section 3(1) of the principal Act is hereby amended by repealing the definition of the term “income”
, and substituting the following definition:
“‘Income’, in relation to any person,—
“(a)
Means any money received or the value in money’s worth of any interest acquired, before income tax, by the person which is not capital (except as hereinafter set out); and
“(b)
Includes, whether capital or not and as calculated before the deduction (where applicable) of income tax, any periodical payments of money made, and the value of any credits or services supplied periodically, from any source,—
“(i)
For the purpose of, and used by the person for, the maintenance of or the provision of services for that person and his family (if any), being services of a kind which are commonly paid for from income; or
“(ii)
For the purpose of replacing any lost or diminished income of the person; and
“(c)
Includes, as calculated before the deduction (where applicable) of income tax, the value of any goods, services, transport, or accommodation supplied on a regular basis to the person by any other person; but
“(d)
Does not include—
“(i)
Any benefit, grant, allowance, or concession, received under this Act, including the value of any benefit under Part II of this Act:
“(ii)
Any pension or allowance under the War Pensions Act 1954 (not being an economic pension or a war veteran’s allowance or a war service pension) received by any person by reason of his own disablement:
“(iii)
Any pension received under Part II or Part IV or Part V of the War Pensions Act 1954 by the widow of a deceased member of the New Zealand or any other Commonwealth forces or of the Emergency Reserve Corps or of the New Zealand mercantile marine in respect of the death of that member:
“(iv)
Any pension or other periodical allowance or any part thereof received by any person from the Government of any Commonwealth country (other than New Zealand) which the Commission determines is analogous to a pension or allowance specified in subparagraph (ii) or subparagraph (iii) of this paragraph:
“(v)
Any money received by way of funeral benefit from any friendly society:
“(vi)
Any money paid in respect of any military decoration and received by the recipient of such decoration:”.
(2)
The following enactments are hereby consequentially repealed:
(a)
Section 2(2) of the Social Security Amendment Act 1975:
(b)
Section 2(1) of the Social Security Amendment Act 1976:
(c)
Section 2 of the Social Security Amendment Act (No. 2) 1977.
4 Continuation of widow’s benefit when benefit ceases to be payable in respect of children
(1)
Section 27 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
Where a widow’s benefit has been computed by reference to any child or children, the benefit shall cease to be payable at the end of the second pay period following the pay period in which, by reason of death or otherwise, there ceases to be any child in respect of whom the benefit is payable.”
(2)
This section shall come into force on the 5th day of December 1984.
5 Continuation of domestic purposes benefit when benefit ceases to be payable in respect of children
(1)
Section 27e of the principal Act (as inserted by section 6(1) of the Social Security Amendment Act 1973) is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
If a domestic purposes benefit has been computed by reference to any child or children, the benefit shall cease to be payable at the end of the second pay period following the pay period in which, by reason of death or otherwise, there ceases to be any child in respect of whom the benefit is payable.”
(2)
This section shall come into force on the 5th day of December 1984.
6 Child supplement
(1)
Section 61a(1) of the principal Act (as substituted by section 7(1) of the Social Security Amendment Act 1979) is hereby amended by inserting, after the words “emergency benefit”
, the words “, or national superannuation,”
.
(2)
Section 61a of the principal Act is hereby amended by repealing subsection (3), and substituting the following subsection:
“(3)
For the purposes of subsection (2) of this section, family benefit shall be deemed to be payable until the end of the second pay period following the pay period in which family benefit ceases to be payable in respect of the child.”
(3)
Section 9 of the Social Security Amendment Act 1983 is hereby consequentially repealed.
(4)
This section shall come into force on the 5th day of December 1984.
7 Duty to advise change of circumstances affecting entitlement to benefit
The principal Act is hereby amended by inserting, after section 80, the following section:
“80a
“(1)
Every beneficiary shall forthwith advise an officer of the Department of any change in circumstances which affects the right of the beneficiary to receive the benefit received by him or which affects the rate of any such benefit.
“(2)
In this section the term ‘beneficiary’, in relation to a family benefit or an orphan’s benefit, means the person to whom the benefit is payable.”
8 Review of benefits
Section 81 of the principal Act is hereby amended by repealing subsections (2) and (3).
9 New Part Ia inserted in principal Act
The principal Act is hereby amended by inserting, after Part I, the following Part:
Part “PART Ia “Family Care Grants
“86a Interpretation
In this Part of this Act and in the Twenty first Schedule to this Act, unless the context otherwise requires,—
“‘Applicant’ means a person by whom or on whose behalf an application is made for a family care grant; and includes, where the context so requires, a recipient of a family care grant:
“‘Benefit’ means a benefit as defined in section 3 of this Act:
“‘Child’ means a child in respect of whom a family care grant is payable:
“‘Commission’ means the Social Security Commission:
“‘Department’ means the Department of Social Welfare:
“‘Family benefit’ means family benefit payable under section 32 of this Act; and includes a child’s pension payable under section 36 of the War Pensions Act 1954:
“‘Family care grant’ or ‘grant’ means a family care grant made under section 86b of this Act; and includes a special family care grant made under section 86e of this Act:
“‘Family income’, in relation to any applicant, means the combined income of—
“(a)
The applicant; and
“(b)
The spouse (if any) of the applicant; and
“(c)
Every child in respect of whom the applicant is entitled to receive a family benefit under section 37 of this Act—
but does not include the personal earnings of any such child:
“‘Income’ means income as defined in section 3 of this Act:
“‘Pay day’ means a day of the week from time to time fixed by the Commission as the day on which a payment of family care grant is due for payment.
“86b Family care grants
Subject to the provisions of this Part of this Act, on the application of any person entitled, pursuant to section 37 of this Act, to receive a family benefit in respect of a child, a family care grant shall be made for that child.
“86c Entitlement to family care grants
“(1)
A family care grant shall not be made unless all of the following conditions are met:
“(a)
The applicant or the spouse (if any) of the applicant is not in receipt of—
“(i)
A benefit (other than a family benefit, a handicapped child’s allowance, a disability allowance, or a special benefit); or
“(ii)
An economic pension or a war veteran’s allowance or a war service pension or a mother’s allowance under the War Pensions Act 1954:
“(b)
Subject to subsection (2) of this section, either—
“(i)
The applicant or the spouse (if any) of the applicant is engaged in remunerative work for not less than 30 hours in each week; or
“(ii)
The applicant and the spouse of the applicant are both engaged in remunerative work for an aggregate of not less than 30 hours in each week:
“(c)
The child in respect of whom application for the grant is made is not entitled to receive—
“(i)
A benefit (other than a family benefit, a handicapped child’s allowance, or a disability allowance); or
“(ii)
A pension under section 40 of the War Pensions Act 1954.
“(2)
Any person in receipt of earnings related compensation under the Accident Compensation Act 1982 shall be deemed to meet the conditions set out in subsection (1)(b) of this section if that person would have met either of those conditions immediately before becoming entitled to that compensation.
“86d Rates of family care grants
Subject to the provisions of this Part of this Act, the rate of the family care grant payable to any applicant shall be calculated in accordance with clause 1 of the Twenty-first Schedule to this Act.
“86e Special family care grants
“(1)
Subject to the provisions of this Part of this Act, the Commission, after taking into account all the circumstances of the applicant’s family, and if it is satisfied that the applicant’s family income has not been voluntarily reduced, may make a special family care grant to the applicant in addition to any family care grant payable to the applicant under section 86b of this Act.
“(2)
The rate of any special family care grant made under subsection (1) of this section shall be calculated in accordance with clause 2 of the Twenty-first Schedule to this Act.
“86f Rates of grants may be altered by Order in Council
“(1)
The Governor-General may from time to time, by Order in Council, amend the Twenty-first Schedule to this Act by altering any amount of money set out in that Schedule.
“(2)
Subsections (2) to (8) of section 61h of this Act, with the necessary modifications, shall apply to every Order in Council made under subsection (1) of this section as if it had been made under subsection (1) of the said section 61h.
“86g Person to whom family care grant payable
Unless the Commission otherwise determines, the family care grant shall be paid to the person who is entitled, under section 37 of this Act, to receive the family benefit in respect of the child.
“86h Commencement of family care grants
“(1)
Subject to the provisions of this Part of this Act, if the application is received by the Department within 3 months after the date of entitlement, a family care grant shall be payable—
“(a)
On the first pay day after the date on which the applicant became entitled to receive the grant; or
“(b)
If that date of entitlement is a pay day, on that pay day.
“(2)
If the application for the grant is received by the Department after the period of 3 months referred to in subsection (1) of this section, the date on which the grant shall commence to be payable shall be the first pay day after the date which is 3 months before the date of receipt of the application:
“Provided that in any such case the Commission, after having regard to the reasons why the application was not made earlier and to any hardship which the applicant has suffered or may suffer as a result of not having applied earlier, may in its discretion fix an earlier pay day on which the grant shall commence to be payable.
“86i Duration of family care grants
“(1)
Subject to section 86k of this Act, a family care grant shall be paid for such period of time as the Commission decides in each particular case.
“(2)
The entitlement of an applicant to receive payment of a family care grant at the same rate during the whole of the period fixed under subsection (1) of this section shall not be affected by any increase in family income during that period.
“86j Review of grants
“(1)
The Commission shall increase the family care grant if it is satisfied that any applicant is entitled to an increase as a result of—
“(a)
A reduction in family income; or
“(b)
The applicant becoming entitled to receive, under section 37 of this Act, payment of family benefit in respect of a further child.
“(2)
If the application is received by the Department within 3 months after the date of entitlement to the increase, it shall be payable—
“(a)
On the first pay day after the date on which the applicant became entitled to the increase; or
“(b)
If that date of entitlement is on a pay day, on that pay day.
“(3)
If the application for the increase is received by the Department after the period of 3 months referred to in subsection (2) of this section, the date on which the increase in the grant shall commence to be payable shall be the first pay day after the date which is 3 months before the date of receipt of the application:
“Provided that in any such case the Commission, after having regard to the reasons why the application was not made earlier and to any hardship which the applicant has suffered or may suffer as a result of not having applied earlier, may in its discretion fix an earlier pay day on which the increase shall commence to be payable.
“86k Cessation of family care grants
“(1)
In this section—
“‘Pay period’ means any period of 4 weeks in respect of which family benefits are payable under Part I of this Act:
“‘4-weekly period’ means any period of 4 weeks commencing 13 days before a pay day.
(2)
Subject to subsections (3) and (4) of this section, a family care grant being paid for a child shall cease to be payable at the end of the second pay period following the pay period in which a family benefit ceased to be payable in respect of the child.
“(3)
Where—
“(a)
An applicant or the spouse of an applicant becomes entitled to receive—
“(i)
A benefit (other than a family benefit, a handicapped child’s allowance, a disability allowance, or a special benefit); or
“(ii)
An economic pension or a war veteran’s allowance or a war service pension or a mother’s allowance under the War Pensions Act 1954; or
“(b)
A child becomes entitled to receive—
“(i)
A benefit (other than a family benefit, a handicapped child’s allowance, or a disability allowance); or
“(ii)
A pension under section 40 of the War Pensions Act 1954; or
“(c)
An applicant ceases to be entitled to receive payment of a family benefit in respect of a child pursuant to section 37 of this Act—
the family care grant shall cease to be payable at the end of the 4-weekly period in which the applicant or spouse or child became so entitled or in which the applicant ceased to be so entitled to receive a family benefit, as the case may be.
“(4)
If a child is temporarily absent from New Zealand, the family care grant shall cease to be payable at the end of the second 4-weekly period following the 4-weekly period in which the child left New Zealand if at that time the child is still absent.
“86l Renewal of family care grants
“(1)
Every family care grant may, on the application of any person entitled to receive it, from time to time be renewed for a period not exceeding 28 weeks.
“(2)
The provisions of this Part of this Act, with the necessary modifications, shall apply in respect of every application for renewal of a family care grant and in respect of every renewed grant.
“86m Duty to advise change of circumstances, etc., affecting entitlement to grant
“(1)
Every person receiving a family care grant shall forthwith advise an officer of the Department if any child ceases to live with that person.
“(2)
If a child will be absent from New Zealand and it is intended that the duration of absence will be for more than 8 weeks, the person receiving the family care grant in respect of the child shall, before the child leaves New Zealand, advise an officer of the Department of the proposed absence from New Zealand and of the proposed duration of that absence.
“86n Method of ascertaining income
“(1)
In order to ascertain any weekly family income for the purposes of this Part of this Act, that income shall be determined by dividing the total family income over a number of weeks specified by the Commission (not exceeding 52 weeks) by the number of weeks in that period.
“(2)
From the total family income over the number of weeks specified by the Commission under subsection (1) of this section there may be deducted the amount of any payments made in respect of any child for whom the applicant is not entitled to receive family benefit under section 37 of this Act.
“86o Overpayments
Notwithstanding anything to the contrary in this Act or any other Act or rule of law, if a payment of family care grant is made to or credited to the account of an applicant in excess of the amount to which the applicant is entitled, and the applicant would have been entitled to the excess payment but for the occurrence of any of the events set out in section 86k of this Act, the applicant shall be deemed to be entitled to that excess payment unless it was obtained as a result of—
“(a)
Any person having made a statement which he knew to be false in any material particular; or
“(b)
Any person having wilfully misled any officer of the Department or any other person; or
“(c)
Failure to advise an officer of the Department that a child has ceased to live with an applicant as required by section 86m(1) of this Act; or
“(d)
Failure to advise an officer of the Department of the proposed absence of a child from New Zealand as required by section 86m(2) of this Act.
“86p Application to family care grants of certain provisions of Part I of Act
Sections 10, 11, 12, 63, 74(d), 82(1) to (5) and (7), 84, 84a, and 86 of this Act, with the necessary modifications, shall apply in respect of every family care grant as if the grant were a benefit under Part I of this Act.”
10 Money payable out of Consolidated Account
Section 124(1) of the principal Act is hereby amended by inserting, after paragraph (a), the following paragraph:
“(aa)
All money required to be expended in providing family care grants and making other payments under Part Ia of this Act:”.
11 Amending Fourteenth Schedule to principal Act
(1)
The Fourteenth Schedule to the principal Act (as substituted by section 12(1) of the Social Security Amendment Act 1983) is hereby amended by adding the following clause:
“3
To any person or a married couple receiving national superannuation—
on account of each dependent child $2 a week.”
(2)
This section shall come into force on the 5th day of December 1984.
12 New Twenty-first Schedule
The principal Act is hereby amended by adding the Twenty-first Schedule set out in the Schedule to this Act.
13 Amending War Pensions Act 1954
(1)
Section 32(3)(c) of the War Pensions Act 1954 is hereby amended by omitting the words “last day of”
, and substituting the words “end of the second pay period following”
.
(2)
This section shall come into force on the 5th day of December 1984.
Schedule NEW TWENTY-FIRST SCHEDULE TO PRINCIPAL ACT
Section 3
“TWENTY-FIRST SCHEDULE Rates of Family Care Grants
Sections 86d, 86e(2)
| 1. Family care grant under section 86d | A fortnightly amount calculated at $10 a week for the first child, increased by $10 a week for each additional child after the first, the total amount to be diminished by 25c for every complete $1 of the weekly family income in excess of $394. |
| 2. Special family care grant under | A fortnightly amount calculated at $10 a week, increased by $1 a week for every complete $1 by which the weekly family income (after tax is deducted pursuant to the tax code ‘B’ as specified in section 344 of the Income Tax Act 1976) is less than $160 a week, and diminished by $1 a week for every complete $2 a week of the weekly family income, before tax, in excess of $160 a week.” |
This Act is administered in the Department of Social Welfare.
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Versions
Social Security Amendment Act 1984
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