422 Regulations: income exemptions


The Governor-General may, by Order in Council, make regulations for the purposes of clause 9 of Schedule 3 (exclusion of amounts, items, payments, or income from specified source, declared not to be income).


Regulations made under subsection (1) may (without limitation) authorise MSD,—


in calculating the rate of benefit, to take no account of specified income for a specified period and that is up to, in total, a specified maximum amount:


in calculating the rate of benefit, to disregard all or part of the income of a severely disabled person derived from personal effort:


in calculating the income of a person for the purpose of determining the rate of benefit, to take no account of a redundancy or retirement payment.


Regulations made under subsection (1) have effect in respect of any income specified in the regulations on and after a date—


specified in the regulations; and


earlier than, the same as, or later than, the date on which the regulations are made.


Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare: 1964 No 136 ss 3(1), definition of income, paragraph (f)(vii), (x), (xi), (xii), (xiii), (xiv), (xv), (xvii), 3(3), 66, 66A, 66B, 68, 132AA, Schedule 10

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 422(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).