Social Security (Benefit Categories and Work Focus) Amendment Act 2013

  • repealed
  • Social Security (Benefit Categories and Work Focus) Amendment Act 2013: repealed, on 26 November 2018, pursuant to section 455(1) of the Social Security Act 2018 (2018 No 32).

Reprint as at 26 November 2018

Coat of Arms of New Zealand

Social Security (Benefit Categories and Work Focus) Amendment Act 2013

Public Act
 
2013 No 13
Date of assent
 
16 April 2013
Commencement
 
see section 2

Social Security (Benefit Categories and Work Focus) Amendment Act 2013: repealed, on 26 November 2018, pursuant to section 455(1) of the Social Security Act 2018 (2018 No 32).

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.

Contents

1Title
2Commencement
3Principal Act
Part 1
Substantive amendments
Overview
4Overview of Part
Social obligations of certain beneficiaries with dependent children
5Section 1A amended (Purpose)
Pre-benefit activities, work-test couple rate, and ordinarily resident in New Zealand
6Section 3 amended (Interpretation)
Status of examples
7New section 3B inserted (Status of examples)
3BStatus of examples
Ministerial directions
8Section 5 amended (Chief executive to comply with directions)
Ordinarily resident in New Zealand
9Section 11D amended (Application process for benefits)
Pre-benefit activities
10New sections 11E to 11H inserted
11EPre-benefit activities: requirements
11FPre-benefit activities: department must explain requirements
11GPre-benefit activities: consequences of non-compliance by applicant
11HPre-benefit activities: consequences of non-compliance by applicant’s spouse or partner
Rights of appeal: work test obligations: drug testing obligations
11Section 12J amended (Rights of appeal)
Sole parent support
12New Part 1B inserted
Part 1B
Sole parent support
20ASole parent support: meaning of applicant
20BSole parent support: when dependent child may be regarded as applicant’s child
20CSole parent support: split custody
20DSole parent support: standard eligibility requirements
20ESole parent support: obligations on beneficiaries
20FSole parent support: payment
20GSole parent support: rate
20HSole parent support: expiry, and replacement with jobseeker support, when youngest dependent child 14
13Sections 27A to 27D and 27H(1) and (2) and cross-heading above section 27A repealed
Supported living payment
14Sections 27G and 27H repealed
15Section 39F renumbered and amended (Purpose of invalid’s benefit)
16Section 40 renumbered and amended (Invalid’s benefit)
17New sections 40C to 40HA inserted
40CSupported living payment: on ground of sickness, injury, disability, or total blindness: medical examination
40DSupported living payment: on ground of caring for patient requiring care: eligibility
40ESupported living payment: on ground of caring for patient requiring care: medical examination
40FSupported living payment: on ground of sickness, injury, disability, or total blindness: beneficiary’s obligations
40GSupported living payment: on ground of sickness, injury, disability, or total blindness: spouse’s or partner’s obligations
40HSupported living payment: on ground of caring for patient requiring care: beneficiary’s obligations
40HASupported living payment: on ground of caring for patient requiring care: spouse’s or partner’s obligations
18Sections 42 and 42A replaced
40ISupported living payment: rates
19Section 43 renumbered and amended (Subsidy on earnings of blind beneficiaries)
20Sections 44 and 44A replaced
40KSupported living payment: on ground of sickness, injury, or disability: encouraging open employment
Sickness benefit abolished
21Sections 54, 54A, 54B, 54D, 54DA, 54E, and 54F and cross-heading above section 54 repealed
Beneficiaries having additional dependent child: exempting people resident in certain overseas countries, and eligibility for sole parent support
22Section 60GAE amended (Beneficiaries having additional dependent child: general)
Obligations to work with contracted service providers
23New section 60GAG inserted (Obligations to work with contracted service providers)
60GAGObligations to work with contracted service providers
Work preparation exercise
24Section 60HA repealed (Work preparation exercise)
Certain obligations may be placed on beneficiaries and their spouses and partners
25Section 60Q amended (Certain obligations may be placed on beneficiaries and their spouses and partners)
Social obligations of certain beneficiaries with dependent children
26New sections 60RA to 60RC inserted
60RASocial obligations of certain beneficiaries with dependent children
60RABSocial obligations: definitions, work test obligations exemption grounds, and regulations
60RBSocial obligations: department must explain requirements
60RCSocial obligations: sanctions for failures to comply
Transfer to emergency benefit of certain people 65 years old or older
27Section 61 amended (Chief executive may grant emergency benefit in cases of hardship)
Social obligations of certain beneficiaries with dependent children
28New section 61AA inserted (Social obligations of person granted emergency benefit)
61AASocial obligations of person granted emergency benefit
29Section 61A amended (Obligations of spouse or partner of person granted emergency benefit)
Disability allowance: preferred supplier and funding of specified expenses
30Section 69C amended (Disability allowance)
Residential requirements for certain benefits: people ordinarily resident overseas
31Section 74AA amended (Residential requirements for certain benefits)
Effect on benefit of warrant to arrest beneficiary
32New section 75B inserted (Effect on benefit of warrant to arrest beneficiary)
75BEffect on benefit of warrant to arrest beneficiary
When beneficiaries can be paid benefit while overseas, and suspensions of benefits based on discrepancies arising from departure information
33Section 77 amended (Effect of absence of beneficiary from New Zealand)
34New section 77A inserted (Effect of absence of beneficiary from New Zealand: department must explain provisions)
77AEffect of absence of beneficiary from New Zealand: department must explain provisions
35Privacy Act 1993 amended
Removing exemptions from jobseeker support benefit stand down period while person in approved training
36Section 80 amended (Commencement of benefits)
Backdating benefits in specified circumstances
37Section 80BA amended (Calculation of stand down)
Standardising benefit end dates
38Section 80BD amended (Ending of benefits)
Expiry and re-grant of specified benefits
39New sections 80BE and 80BF inserted
80BEExpiry and re-grant of specified benefits
80BFRequirements for re-grant of specified benefits
Review of benefits
40Section 81 amended (Review of benefits)
One-off hardship assistance and redirection using preferred supplier
41Section 82 amended (Payment of benefits)
Work test obligations: drug testing obligations
42Section 88A amended (Interpretation)
Jobseeker support (including deferral of work test obligations on ground of sickness, injury, or disability)
43Sections 89 to 99AB and cross-heading above section 89 replaced
Jobseeker support
88BJobseeker support: standard eligibility requirements
88CJobseeker support: grounds of hardship
88DJobseeker support: ineligibility
88EJobseeker support: on ground of sickness, injury, or disability: medical examination
88FJobseeker support: obligations on beneficiaries
88GJobseeker support: obligations of spouse or partner of person granted it
88HJobseeker support: application for deferral of work test obligations
88IJobseeker support: chief executive’s powers and duties to defer work test obligations
88JJobseeker support: effect of deferral
88KJobseeker support: deferred or exempted people must notify change of circumstances
88LJobseeker support: payment
88MJobseeker support: rates
Work ability assessment
44New sections 100B to 100D and cross-heading inserted
Work ability assessment
100BChief executive may require person to undergo assessment
100CReassessment
100DAssessment or reassessment: department must explain requirements
Work test obligations: drug testing obligations
45Section 102A amended (Work test obligations)
46New sections 102B to 102E inserted
102BWork test obligations: drug testing obligations
102CWork test obligations: drug testing obligations on referral to opportunity of suitable employment
102DWork test obligations: drug testing obligations: challenging sanction based solely on failing screening drug test
102EWork test obligations: drug testing obligations: use and communication of drug test results
Sanctions
47Section 113 amended (Procedure for imposing sanctions)
48Sections 115 and 116A replaced
116BFailures to comply with obligations
116CGood and sufficient reasons for specified failures to comply
49Section 117 amended (Sanctions that may be imposed for failures)
50Section 119 amended (Calculation of failure rate)
51Section 122 replaced (Meaning of recompliance)
122Meaning of recompliance
52New section 122A inserted (Recomplying after second failure to comply with drug testing obligations)
122ARecomplying after second failure to comply with drug testing obligations
Special assistance under welfare programme: use of preferred supplier
53Section 124 amended (Money payable out of Crown Bank Account)
Preferred suppliers of goods or services for beneficiaries or others
54New section 125AA and cross-heading inserted
Preferred suppliers of goods or services for beneficiaries or others
125AAPreferred supply of goods or services for beneficiaries or others
Contracts with administration service providers
55Section 125A amended (Chief executive may contract with service providers)
56Section 125C amended (Release of personal information to and by contracted service provider)
Effect on benefit of warrant to arrest beneficiary: information matching
57New section 126AC inserted (Disclosure to department of warrant to arrest beneficiary for determining effect on benefit)
126ACDisclosure to department of warrant to arrest beneficiary for determining effect on benefit
Disability allowance: funding of specified expenses
58New section 132AD inserted (Regulations on use of disability allowance to fund specified expenses)
132ADRegulations on use of disability allowance to fund specified expenses
Effect on benefit of warrant to arrest beneficiary, and expiry and re-grant of specified benefits
59New sections 132L and 132M inserted
132LRegulations relating to effect on benefit of warrant to arrest beneficiary
132MRegulations relating to expiry and re-grant of specified benefits
Jobseeker support
60Schedule 9 amended
References to main benefits
61Amendments to make clearer references to main benefits
Reorganising headings and relocating section 53A
62Amendments to make clearer principal Act’s structure
Part 2
Consequential amendments, and transitional and savings provisions
Overview
63Overview of Part
Consequential amendments: work-test couple rate
64Consequential amendments to principal Act
65Consequential amendments to other enactments
Consequential amendments: status of examples
66Consequential amendments to enactments made under principal Act
Consequential amendments: pre-benefit activities
67Section 11D amended (Application process for benefits)
68Section 132J amended (Regulations stating pre-benefit activities)
69Social Security (Pre-benefit Activities) Regulations 2012 amended
Consequential amendments: Sole parent support
70Section 3 amended (Interpretation)
71Section 60GAE amended (Beneficiaries having additional dependent child: general)
72Section 60Q amended (Certain obligations may be placed on beneficiaries and their spouses and partners)
73Section 61 amended (Chief executive may grant emergency benefit in cases of hardship)
74Section 70A amended (Rates of benefits for sole parents may be reduced)
75Section 74AA amended (Residential requirements for certain benefits)
76Section 80B amended (Interpretation)
77Section 82 amended (Payment of benefits)
78Section 162 amended (Youth payment: continuation after age 18)
79Section 168 amended (Young parent payment: continuation after age 19)
80Schedule 3 amended
81New Schedule 3A inserted
82Schedule 10 amended
83Schedule 16 amended
84Schedule 18 amended
85Other consequential amendments to principal Act
86Consequential amendments to other enactments
Consequential amendments: supported living payment benefit
87Section 3(1) amended (Interpretation)
88Section 39A amended (Child disability allowance)
89Section 43 amended (Subsidy on earnings of blind beneficiaries)
90Section 70A amended (Rates of benefits for sole parents may be reduced)
91Section 80 amended (Commencement of benefits)
92Section 80B amended (Interpretation)
93Section 157 amended (Interpretation)
94Schedule 6 amended
95Schedule 17 repealed
96Other consequential amendments to principal Act
97Consequential amendments to other enactments
Consequential amendments: repeal of section 60HA
98Consequential amendments to principal Act and to regulations made under it
Consequential amendments: sickness benefit abolished
99Section 3 amended (Interpretation)
100Section 12J amended (Rights of appeal)
101Section 60H amended (Voluntary unemployment or loss of employment through misconduct, etc)
102Section 61 amended (Chief executive may grant emergency benefit in cases of hardship)
103Section 66 amended (Exemption of income from friendly or like society)
104Section 70A amended (Rates of benefits for sole parents may be reduced)
105Section 72 amended (Limitation where applicant receiving another benefit or war pension)
106Section 80 amended (Commencement of benefits)
107Section 102 amended (Application of work test)
108Section 157 amended (Interpretation)
109Section 162 amended (Youth payment: continuation after age 18)
110Section 168 amended (Young parent payment: continuation after age 19)
111Schedule 9 amended
112Schedule 10 amended
113Other consequential amendments to principal Act
114Consequential amendments to other enactments
Consequential amendments: social obligations of certain beneficiaries with dependent children
115Section 123 amended (Effect of ceasing to be subject to obligation to comply with section 60HA or work test or section 170 or 171)
116Section 132AC amended (Regulations relating to childcare assistance)
117Section 170 amended (Youth support payments: obligations)
Consequential amendments: expiry and re-grant of specified benefits
118Section 117 amended (Sanctions that may be imposed for failures)
119Section 119 amended (Calculation of failure rate)
Consequential amendments: jobseeker support
120Cross-headings above sections 58 and 59B repealed
121Section 61 amended (Chief executive may grant emergency benefit in cases of hardship)
122Section 80B amended (Interpretation)
123Section 82 amended (Payment of benefits)
124New cross-heading above section 88A inserted
125Section 99A repealed (Transfer from community wage to unemployment benefit on 1 July 2001)
126Section 105 amended (Exemption from obligations)
127Schedule 9 amended
128Other consequential amendments to principal Act
129Consequential amendments to other enactments
Consequential amendments: review of benefits
130Section 11D amended (Application process for benefits)
Consequential amendments: sanctions
131Section 102A amended (Work test obligations)
132Section 117 amended (Sanctions that may be imposed for failures)
133Section 119 amended (Calculation of failure rate)
134Section 122 amended (Meaning of recompliance)
135Section 171 amended (Obligations of spouses and partners of specified beneficiaries)
Effect on benefit of warrant to arrest beneficiary: information matching
136Privacy Act 1993 amended
Consequential amendments: reorganising headings and relocating section 53A
137Consequential amendments to principal Act
138Consequential amendments to other enactments
Transitional and savings provisions
139New section 3C inserted (Transitional and savings provisions relating to amendments to this Act)
3CTransitional and savings provisions relating to amendments to this Act
140New Schedule 32 inserted
Schedule 1
New Schedule 3A
Schedule 2
Amendments reorganising headings and relocating section 53A
Schedule 3
Consequential amendments to other enactments: Sole parent support
Schedule 4
Consequential amendments to other enactments: Supported living payment
Schedule 5
Consequential amendments to other enactments: Sickness benefit
Schedule 6
Consequential amendments to other enactments: Jobseeker support
Schedule 7
New Schedule 32
Reprint notes

The Parliament of New Zealand enacts as follows: