Subpart 3—Beneficiaries’ obligations
Beneficiaries: general and specific obligations
109 Outline of beneficiary’s general and specific obligations
(1)
The general obligations of a beneficiary, that is, obligations that apply to all beneficiaries, are the following:
(a)
the obligation to hold, and give MSD details of, a bank account (see section 111):
(b)
the obligation to supply a tax file number (see section 112):
(c)
the obligation to notify a change of circumstances (see section 113).
(2)
The specific obligations that apply to some beneficiaries only, are the following:
(a)
the obligation to notify absence from New Zealand (see section 114):
(h)
obligations under section 165(7) of a young person aged 18 or 19 years who is receiving jobseeker support, who is at significant risk of long-term welfare dependency (see sections 165 and 169), and who is required under section 165(2) to receive youth services:
(i)
obligations (including relating to instruction, education, training, or learning) of a young person who is the spouse or partner of a beneficiary (see sections 166, 167, and 169):
(j)
obligations (including relating to youth services) of a young person who is the spouse or partner of a beneficiary (see sections 168 and 169):
(k)
the obligation to work with contracted service providers (see sections 170 and 171):
110 When obligations apply
An obligation applies from the time that the benefit in question is paid, except in the case of—
(a)
the applicant’s or beneficiary’s obligation to hold, and give MSD details of, a bank account (see section 111); and
(b)
the section 162(1)(a) education or training obligation of a young parent who is the principal caregiver of that young parent’s youngest dependent child who is under 12 months old (see section 163(2)).
Compare: 1964 No 136 ss 82(7), 170(3), (4)
General obligations: holding, and giving details of, bank account
111 Beneficiary must hold, and give MSD details of, bank account
(1)
It is a condition of every benefit, unless MSD in a particular case determines otherwise, that the applicant or beneficiary must, by the deadline (specified by regulations made under section 438(2)(a)(ii)) for receipt by MSD of any supporting evidence reasonably required by MSD,—
(a)
give MSD details of an existing suitable bank account held by the applicant or beneficiary; or
(b)
open a bank account, if the applicant or beneficiary does not hold one, and give MSD details of it.
(2)
Bank account, in this section, means an account with a bank that is a registered bank (as defined in section 2(1) of the Banking (Prudential Supervision) Act 1989), a private savings bank, a credit union, a building society, or a non-bank deposit taker (as defined in section 5 of the Non-bank Deposit Takers Act 2013).
Compare: 1964 No 136 s 82(7); 1994 No 166 s 184A(4); 2006 No 40 s 221(4)
Section 111(2): amended, on 1 July 2022, by section 300(1) of the Reserve Bank of New Zealand Act 2021 (2021 No 31).
General obligations: supplying tax file number
112 Beneficiary must supply tax file number
(1)
MSD may in writing request an applicant for a benefit or a beneficiary to provide evidence, to the satisfaction of MSD, of the tax file number of the applicant or beneficiary.
(2)
MSD may refuse to grant a benefit and must suspend payment of a benefit if satisfactory evidence of the tax file number of the applicant or the beneficiary is not received within 10 working days after the date on which the request is made (the deadline).
(3)
MSD may in writing extend the deadline if an applicant or a beneficiary provides a reasonable explanation for not providing the evidence within the deadline.
(4)
This section does not apply to a beneficiary who is unable to provide satisfactory evidence of the beneficiary’s tax file number within the deadline or extended deadline specified because of any health condition, injury, or disability.
(5)
In this section, tax file number has the same meaning as in section YA 1 of the Income Tax Act 2007.
Compare: 1964 No 136 s 82A
General obligations: notification of change of circumstances
113 Beneficiary must notify change of circumstances
(1)
A beneficiary must without delay notify MSD of a change in the beneficiary’s circumstances if—
(a)
the change affects the beneficiary’s entitlement to receive a benefit; or
(b)
the change affects the rate of a benefit the beneficiary receives.
(2)
Examples of a change in a beneficiary’s circumstances include—
(a)
a change in the beneficiary’s relationship status, number of children, income, accommodation, or employment:
(b)
a change in the relationship status, income, accommodation, or employment of the beneficiary’s spouse or partner:
(c)
the beneficiary or his or her spouse or partner becoming entitled to an overseas pension.
(3)
In subsection (2)(a), a change in the beneficiary’s relationship status means the beneficiary’s—
(a)
entering into a marriage, civil union, or de facto relationship; or
(b)
ceasing to live together with, or separating from, a spouse or civil union partner; or
(c)
ceasing to live together (as a couple in a relationship in the nature of marriage or civil union) with, or separating from, a de facto partner; or
(d)
ceasing to be in a marriage, civil union, or de facto relationship, because it has ended by reason of an event not specified in paragraph (b) or (c) (for example, by dissolution, or on a spouse’s or partner’s death).
Compare: 1964 No 136 s 80A
Specific obligations: notification of absence from New Zealand
114 Obligation to notify absence from New Zealand
(1)
A beneficiary who intends to be absent from New Zealand must before leaving New Zealand notify MSD of the beneficiary’s intended absence.
(2)
However, subsection (1) does not apply to a person who receives a benefit payable under—
(b)
sections 21 to 35 of the New Zealand Superannuation and Retirement Income Act 2001; or
(d)
any reciprocity agreement with another country adopted by an order made under section 380.
Compare: 1964 No 136 ss 61FJ(3), 77(6), (9)
Specific obligations: work ability assessment
115 Obligation to undergo work ability assessment
116 Persons subject to work ability assessment
The following persons must comply with a requirement under section 118 by MSD that they undergo a work ability assessment:
(a)
a person who receives any of the following benefits: jobseeker support, sole parent support, a supported living payment (except as provided in section 117), or an emergency benefit; or
(b)
the spouse or partner of a person listed in paragraph (a).
Compare: 1964 No 136 s 100B(1)
117 Persons not subject to work ability assessment
MSD must not require a person who receives a supported living payment on the ground of restricted work capacity to undergo a work ability assessment if, in MSD’s opinion, that person—
(b)
has little or no capacity for work, and the person’s condition is deteriorating or not likely to improve.
Compare: 1964 No 136 s 100B(2)
118 Work ability assessment
(1)
MSD may at any time require a person to whom this section applies to attend and participate in a work ability assessment to determine, or help determine, all or any of the following matters:
(a)
whether the person is entitled to a benefit and, if so, what kind of benefit:
(b)
if a person granted jobseeker support is subject to a work-test obligation, whether that obligation should be deferred:
(c)
if a person is granted jobseeker support on the ground of health condition, injury, or disability, whether that person has the capacity for part-time work:
(d)
whether the person should be exempted from a work-preparation or work-test obligation:
(e)
whether the person has the capacity to comply with a work-preparation or work-test obligation:
(f)
what is suitable employment for the person for the purposes of section 145:
(h)
what assistance and supports are necessary for the person to obtain employment.
(2)
The assessment must be made in accordance with the procedure determined by MSD.
(3)
A person who has been assessed under subsection (1) may be required by MSD to undergo a reassessment under that subsection as MSD thinks appropriate.
Compare: 1964 No 136 ss 100B(3), (4), 100C(1), (2)
119 Person who fails to comply with requirement to undergo work ability assessment is subject to sanction
A person (P) is subject to a sanction under section 236, 237, or 238 if MSD is satisfied that P has, without a good and sufficient reason, failed to comply with a requirement under section 118 to attend and participate in a work ability assessment or reassessment.
Compare: 1964 No 136 s 116B(1)(d)
Specific obligations: work preparation
120 Work-preparation obligations
(2)
Those obligations are intended—
(a)
to facilitate the movement into ongoing employment (as their parenting responsibilities and individual circumstances allow) of beneficiaries to whom those obligations apply; and
(b)
to provide opportunities for them to improve their capabilities and preparation for employment; and
(c)
to improve social and economic outcomes for them and their dependent children.
Compare: 1964 No 136 s 60P
121 Persons subject to work-preparation obligations
The following persons must comply with section 124 and may be required to do any of the things set out in section 125:
(a)
a person who receives sole parent support and whose youngest dependent child is under the age of 3 years:
(c)
a person who is a work-tested beneficiary and who has been granted under regulations made under section 431 a deferral of that person’s work-test obligations:
(d)
a person who—
(i)
is the spouse or partner of a person who—
(A)
receives an emergency benefit or jobseeker support paid at a work-test couple rate; and
(B)
has a youngest dependent child aged under 3 years; and
(ii)
is not the spouse or partner of a young person to whom section 166 or 167 applies:
(e)
the spouse or partner of a person who—
(i)
receives a supported living payment on the ground of restricted work capacity or total blindness; and
(ii)
has a youngest dependent child aged under 3 years:
(f)
a person under the age of 65 granted an emergency benefit under section 17(2)(c) of the New Zealand Superannuation and Retirement Act 2001.
Compare: 1964 No 136 ss 20E(a), 40G(1), (2)(a), 60Q(1), (1A), 88G(a), 61A(1)
Section 121(b): repealed, on 8 November 2021, by section 5 of the Social Security (Subsequent Child Policy Removal) Amendment Act 2021 (2021 No 38).
122 Persons not subject to work-preparation obligations
The following persons are not required to comply with section 124 and must not be required to do any of the things set out in section 125:
(a)
a person who is a work-tested beneficiary:
(b)
a person who is currently exempted under section 158(1) from all the person’s work-test obligations.
Compare: 1964 No 136 s 60Q(1)
123 Persons subject to work-preparation obligations if sufficient capacity to comply
(1)
The following persons are not required to comply with section 124 but may be required to do any of the things set out in section 125 if MSD decides that the person is capable of complying with the obligation in question:
(a)
a person who receives a benefit under section 34 (supported living payment on the ground of restricted work capacity or total blindness):
(b)
a person who receives a benefit under section 40 (supported living payment on the ground of caring for another person).
(2)
A person referred to in subsection (1)(a) or (b) may be required to attend and participate in an interview with an MSD employee or a person on behalf of MSD for the purpose of helping MSD decide whether the person is capable of complying with any of the work-preparation obligations set out in section 125.
Compare: 1964 No 136 ss 40F(a), 40H(a), 60Q(1)(bb), (bc), (1B)
124 General obligation to take all steps to prepare for employment
A person to whom this section applies must take all steps that are reasonably practicable in the person’s circumstances to prepare for employment.
Compare: 1964 No 136 s 60Q(2)
125 Work-preparation obligations as required by MSD
A person to whom this section applies must, as required by MSD from time to time,—
(a)
undertake planning for employment:
(b)
attend and participate in an interview with an MSD employee or a person on behalf of MSD:
(c)
report to MSD or a person on behalf of MSD on the person’s compliance with the work-preparation obligations set out in this section, and must do so as often as, and in the manner that, MSD reasonably requires:
(d)
participate in or undertake any of the following activities specified by MSD that MSD considers suitable for improving the person’s work-readiness or prospects for employment:
(ii)
a programme or seminar to increase particular skills or enhance motivation:
(iii)
a work-experience or work-exploration activity:
(iv)
employment-related training:
(vi)
any other activity (including rehabilitation) other than medical treatment, recognised voluntary work, or activity in the community.
Compare: 1964 No 136 s 60Q(3)
126 Person who fails to comply with work-preparation obligation subject to sanction
A person (P) is subject to a sanction under section 236, 237, or 238 if MSD is satisfied that P has, without a good and sufficient reason, failed to comply with a work-preparation obligation.
Compare: 1964 No 136 s 116B(1)(c)
Specific obligations: social obligations in relation to dependent children
127 Obligations in relation to dependent children
Sections 128 to 135 set out obligations in relation to the dependent children of—
(a)
a beneficiary receiving certain main benefits under this Act; and
(b)
the beneficiary’s spouse or partner.
128 Obligations of beneficiary in relation to dependent children
A beneficiary is subject to the obligations set out in sections 131 to 135 in relation to the beneficiary’s dependent children or the dependent children of the beneficiary’s spouse or partner if the beneficiary—
(a)
receives jobseeker support, sole parent support, a supported living payment, or an emergency benefit; and
(b)
is not a young person subject to the obligations set out in section 164.
Compare: 1964 No 136 ss 20E(b), 40F(b), 40H(b), 40HA(a), 60RA(1), 61AA, 88F(8)
129 Obligations of spouse or partner of beneficiary in relation to dependent children of beneficiary
(1)
The spouse or partner of a beneficiary is subject to the obligations set out in sections 131 to 135 in relation to each dependent child of the beneficiary if—
(a)
the beneficiary receives jobseeker support, sole parent support, a supported living payment, or an emergency benefit; and
(b)
the spouse or partner is not a young person subject to the obligations set out in section 166 or 167.
(2)
Subsection (1) applies whether or not—
(a)
the dependent child of the beneficiary is also the dependent child of the spouse or partner:
(b)
the spouse or partner receives all or any of the benefit instead of, or as well as, the beneficiary.
Compare: 1964 No 136 ss 40G(1), (2)(b), 60RA(1)(b), (2), 88G(b)
130 Obligations of spouse or partner of beneficiary in relation to dependent children of spouse or partner
(1)
The spouse or partner of a beneficiary is subject to the obligations set out in sections 131 to 135 in relation to each dependent child of the spouse or partner if—
(a)
the beneficiary receives jobseeker support, sole parent support, a supported living payment, or an emergency benefit; and
(b)
the spouse or partner is not a young person subject to the obligations set out in section 166 or 167.
(2)
Subsection (1) applies whether or not—
(a)
the dependent child of the spouse or partner is also the dependent child of the beneficiary:
(b)
the spouse or partner receives all or any of the benefit instead of, or as well as, the beneficiary.
Compare: 1964 No 136 ss 40HA, 60RA(1)(b), (2), 61A(3)
131 Attendance of dependent child aged 3 to 5 years at early childhood education programme
(1)
A person to whom this section applies must take all reasonable steps to ensure that each dependent child aged 3 to 5 years—
(a)
is enrolled in an approved early childhood education programme (as that term is defined in regulations made under section 430); and
(b)
attends that programme in the manner and to the minimum extent prescribed by regulations made under section 430.
(2)
This section does not apply if the dependent child is enrolled at and regularly attends a registered school (as defined in regulations made under section 430).
Compare: 1964 No 136 s 60RA(3)(a)
132 Attendance of dependent child aged 5 or 6 years at early childhood education programme or registered school
(1)
A person to whom this section applies (A) must take all reasonable steps to ensure that each dependent child aged 5 or 6 years either—
(a)
is enrolled in an approved early childhood education programme (as defined in regulations made under section 430) and attends that programme in the manner and to the minimum extent prescribed by regulations made under section 430; or
(b)
is enrolled at and regularly attends a registered school (as defined in regulations made under section 430).
(2)
This section does not apply if A qualifies for an exemption from his or her work-test obligations on the active teaching out of school grounds specified by—
(a)
regulation 6(2)(c) of the Social Security (Exemptions under Section 105) Regulations 1998 (as saved by clause 27 of Schedule 1); or
Compare: 1964 No 136 ss 60RA(3)(b), 60RAB(2)
133 Attendance of dependent child aged 6 to 15 years at registered school
(1)
A person to whom this section applies must take all reasonable steps to ensure that each dependent child aged 6 to 15 years is enrolled at and regularly attends a registered school (as defined by regulations made under section 430).
(2)
This section does not apply if the child is exempted under section 38, 39, or 41 of the Education and Training Act 2020 from enrolment at a registered school.
Compare: 1964 No 136 s 60RA(3)(c)
Section 133(2): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
134 Health care enrolment and compliance with core health checks
(1)
A person to whom this section applies must take all reasonable steps to ensure that each dependent child is enrolled with a primary health care provider (for example, a primary health organisation, or a prescribed health practitioner who is a provider of primary health care).
(2)
A person to whom this section applies must take all reasonable steps to ensure that a dependent child under the age of 5 years is up to date with core checks under—
(a)
the programme that immediately before 15 July 2013 was known as Well Child; or
(b)
any similar programme established in its place.
Compare: 1964 No 136 s 60RA(3)(d), (e)
135 Interviews and reporting
A person to whom this section applies must, as required by MSD,—
(a)
attend and participate in an interview with an MSD employee or a person on behalf of MSD:
(b)
report to MSD or a person on behalf of MSD on the person’s compliance with the obligations in relation to dependent children set out in sections 131 to 134, and must do so as often as, and in the manner that, MSD reasonably requires.
Compare: 1964 No 136 s 60RA(3)(f), (g)
136 Person who fails to comply with obligations in relation to dependent children is subject to sanction
(1)
A person (P) is subject to a sanction under section 236, 237, or 238 if MSD is satisfied that P has, without a good and sufficient reason, failed to comply with an obligation in relation to dependent children under sections 131 to 135.
Compare: 1964 No 136 s 116B(1)(b)
137 Definitions and attendance: regulations made under section 430
(1)
Regulations made under section 430 may prescribe, for the purposes of sections 131 to 134, the meaning of the following terms:
(a)
approved early childhood education programme:
(2)
Regulations made under section 430 that prescribe, for the purposes of sections 131(1)(b) and 132(1)(a), the minimum extent of, or other required manner of, attending an approved early childhood education programme may, without limitation,—
(a)
prescribe, for all or any approved early childhood programmes, target numbers of hours of attendance:
(b)
prescribe different minimum numbers of hours of attendance for all or any different approved early childhood programmes.
Compare: 1964 No 136 s 60RAB(1), (3), (4)
Specific obligations: work-test obligations
138 Work-test obligations
139 Purpose of sections 140 to 154
The purpose of sections 140 to 154 is—
(a)
to ensure that work-tested beneficiaries maintain an unrelenting focus on entering, retaining, or returning to, employment; and
(b)
to reinforce the continuing obligation of work-tested beneficiaries to take reasonable steps to support themselves and their families; and
(c)
to identify the activities that work-tested beneficiaries may be required to undertake to meet their obligations arising from work-tested benefits being paid in respect of them; and
(d)
to provide a work test structure applying to all work-tested beneficiaries that is sufficiently flexible to take account of an individual beneficiary’s circumstances.
Compare: 1964 No 136 s 101
140 Persons subject to work-test obligations
(1)
The following persons must comply with section 144 and may be required to do any of the things set out in section 146:
(a)
a person who receives jobseeker support (other than jobseeker support on the ground of health condition, injury, or disability):
(b)
a person who receives jobseeker support on the ground of health condition, injury, or disability, if MSD has determined under section 141(1) that the person has the capacity to seek, undertake, and be available for part-time work:
(c)
a person who—
(i)
is the work-tested spouse or partner of a person who receives jobseeker support; and
(ii)
is not the spouse or partner of a young person to whom section 166 or 167 applies:
(d)
a work-tested sole parent support beneficiary:
(e)
the work-tested spouse or partner of a person granted an emergency benefit or a supported living payment on the ground of restricted work capacity or total blindness at a work-test couple rate:
(f)
a person under the age of 65 years granted an emergency benefit under section 17(2)(c) of the New Zealand Superannuation and Retirement Income Act 2001, if that person is a work-tested spouse or partner.
(2)
MSD may, by notice in writing, require the spouse or partner of a person granted an emergency benefit at a work-test couple rate to comply with the work test if MSD is satisfied that it is appropriate and reasonable to require that spouse or partner to seek, undertake, and be available for—
(a)
part-time work, in the case of a spouse or partner whose youngest dependent child is aged 3 years or older but under 14 years; or
(b)
full-time employment, in any other case.
Compare: 1964 No 136 ss 20E(c), 88F(1), (4), 88G(c), 61A(1), (1A), (2)(b)
141 Jobseeker support: work capacity determination and work test
(1)
MSD makes every determination under this subsection whether a person granted jobseeker support on the ground of health condition, injury, or disability has, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work (as defined in Schedule 2).
(2)
MSD—
(a)
must make a determination under subsection (1) promptly after granting the person that benefit; and
(b)
may make a determination under subsection (1) at any later time.
(3)
A determination under subsection (1) must be made after having had regard to—
(a)
the relevant certificate given under section 27, and any relevant report obtained under section 28; and
(4)
The consequence of a determination under subsection (1) that the person has, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work is that the person is required to comply with the work test on and after a date specified in a written notice (of the determination’s making and effects) that MSD must give the person.
(5)
The date specified in a written notice given under subsection (4),—
(a)
in the case of a new grant of jobseeker support, may be the date on which that benefit is first paid; but
(b)
in any case, must not be a date before the date on which MSD reasonably considers the person will receive the notice.
(6)
MSD may at any time, whether on the application of the person or otherwise, review a determination under subsection (1) and may confirm, amend, revoke, or replace it and any related written notice given under subsection (4).
Compare: 1964 No 136 s 88F(2)–(6)
142 Person not subject to work-test obligations
A person (P) who is otherwise subject to a work-test obligation is not subject to that obligation if—
(a)
the obligation has been deferred under regulations made under section 431; or
(b)
P has been exempted from the obligation under section 158; or
(c)
MSD is satisfied that P is undertaking employment of the kind required to satisfy the work test for P.
Compare: 1964 No 136 ss 88J, 102(2)
143 Time when work-test obligation applies
(1)
An obligation set out in section 144 or 146 applies on—
(a)
a day that is a day between Monday and Friday (inclusive); or
(2)
An obligation set out in section 144 or 146 applies,—
(a)
in the case of a person who receives jobseeker support on the ground of health condition, injury, or disability, from the date specified in MSD’s notice given under section 141(4) that the person has the capacity to seek, undertake, and be available for part-time work:
(b)
in any other case, from the date on which the relevant benefit is first paid.
Compare: 1964 No 136 s 102(1), (3)
144 General obligation to be available for suitable employment, etc
A person to whom this section applies must—
(a)
be available for, and take reasonable steps to obtain, suitable employment; and
(b)
accept any offer of suitable employment, including temporary employment or employment that is seasonal or subsidised; and
(c)
attend and participate in an interview for any opportunity of suitable employment to which the beneficiary is referred by MSD.
Compare: 1964 No 136 s 102A(1)(a)–(c)
145 Meaning of suitable employment
In section 144, suitable employment, in relation to a person (P), means employment that MSD is satisfied is suitable for P to undertake for a specific number of hours per week that MSD determines, having regard to the employment required to satisfy the work test for P.
Compare: 1964 No 136 s 3(1)
146 Work-test obligations as required by MSD
(1)
A person to whom this section applies must, as required by MSD from time to time,—
(a)
undertake planning for employment:
(b)
attend and participate in an interview with an MSD employee or a person on behalf of MSD:
(c)
report to MSD or a person on behalf of MSD on the person’s compliance with the work-test obligations set out in this section or sections 144 and 147, and must do so as often as, and in the manner that, MSD reasonably requires:
(d)
participate in or undertake any of the following activities specified by MSD that MSD considers suitable for improving the person’s work-readiness or prospects for employment:
(ii)
a programme or seminar to increase particular skills or enhance motivation:
(iii)
a work-experience or work-exploration activity:
(iv)
employment-related training:
(v)
any other activity (including rehabilitation) other than medical treatment, recognised voluntary work, or activity in the community:
(2)
Subsection (1)(d) applies whether or not a person is subject to a sanction for failing to comply with a work-test obligation.
(3)
If MSD requires a person to undertake an activity under subsection (1)(d), MSD must take reasonable steps to arrange for the person to undertake that activity.
Compare: 1964 No 136 s 102A(1)(d)–(g), (2)–(5)
147 Obligation to undertake and pass drug test
(1)
A person to whom an obligation under section 144(a), 144(c), 146(1)(d)(ii), or 146(1)(d)(iv) applies must undertake and pass a drug test by a specified date if—
(a)
a potential employer or training provider requests the drug test; and
(b)
the drug test is lawfully requested and undertaken; and
(c)
the drug test is a compliant drug test (see section 148).
(2)
The obligation under subsection (1) to undertake and pass a drug test is included in, forms part of, and does not arise apart from, the obligation under section 144(a), 144(c), 146(1)(d)(ii), or 146(1)(d)(iv).
(3)
A drug test is lawfully requested and undertaken if it is requested and undertaken for a lawful purpose (for example, for a lawful health or safety purpose), and it does not matter that the employer or provider requesting the drug test is not authorised or required by or under this Act to compel the person to undertake it.
(4)
A drug test under this section is presumed to be lawfully requested and undertaken unless the contrary is proved.
Compare: 1964 No 136 ss 102A(1A), 102B(1), (3)
148 Compliant drug test defined
A compliant drug test is a drug test that complies with the requirements prescribed by regulations made under section 431.
Compare: 1964 No 136 s 102B(2)
149 Failing drug test
(1)
For the purposes of this Act, a person is taken to have failed an evidential drug test requested under section 257 if the person fails a screening test and waives the right to an associated evidential drug test.
(2)
A potential employer or training provider may disclose, or authorise the drug test provider to disclose, to MSD that a person who has undertaken a drug test under section 147 has failed the drug test.
(3)
MSD may act on the information disclosed under subsection (2) unless MSD has reason to believe that it is not reliable (for example, MSD may have evidence to the contrary).
(4)
Consent of a person who has undertaken a drug test under section 147 to disclosure under subsection (2) is not required.
Compare: 1964 No 136 ss 102B(4), (5), 102C(2)
150 Use of drug test result
MSD may, in accordance with regulations made under section 431, use the result of a drug test undertaken under section 147 and disclosed to MSD under section 149.
Compare: 1964 No 136 s 102E
151 Costs of drug test
(1)
MSD may, in accordance with regulations made under section 431(1)(c), reimburse a potential employer for the costs of a drug test undertaken by a person under section 147 requested by that employer.
(2)
Subsection (1) does not apply to the costs of an evidential drug test if the person waives the right to the evidential drug test in the situation specified in section 149(1).
Compare: 1964 No 136 s 102C(3)–(5)
152 Definitions for drug-testing provisions
In this section and in sections 147 to 151, unless the context otherwise requires,—
controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975
drug test, for a person, means a test to detect the presence in the person’s body of 1 or more controlled drugs
evidential drug test, for a person, means a drug test that, when undertaken by the person, complies with a standard that is—
(a)
a standard for drug tests for evidential purposes; and
(b)
a New Zealand standard, joint Australian/New Zealand standard, or other national or international standard; and
fail, for a person and a drug test, means—
(a)
if the drug test is a screening drug test or an evidential drug test, not to pass the drug test; or
(b)
if the drug test is an evidential drug test, to waive the right to that test in the situation specified in section 149(1), and so under that section be taken for the purposes of this Act to have failed that test
pass, for a person and a drug test, means to undertake the drug test with the consequence that the drug test produces a valid result that,—
(a)
if the drug test is a screening drug test, does not indicate the presence in the person’s body of 1 or more controlled drugs at or above the minimum level identified in the standard (prescribed in regulations made under section 418(1)(g)) with which the test complies; and
(b)
if the drug test is an evidential drug test, does not detect for evidential purposes the presence in the person’s body of 1 or more controlled drugs at or above the minimum level identified in the standard (prescribed in regulations made under section 418(1)(g)) with which the test complies
screening drug test, for a person, means a drug test that—
(a)
may indicate the presence in the person’s body of 1 or more controlled drugs; and
(b)
is quicker, less formal, and less expensive than, and is designed for use in conjunction with, an evidential drug test; and
(c)
complies with a standard that is—
(i)
a standard for drug tests for evidential purposes; and
(ii)
a New Zealand standard, joint Australian/New Zealand standard, or other national or international standard; and
Compare: 1964 No 136 s 88A
153 Person who fails to comply with work-test obligations is subject to sanction
A person is subject to a sanction (see section 233(d)) for a breach of a work-test obligation under section 144 or 146 if MSD is satisfied that the person—
(a)
has failed without a good and sufficient reason to comply with the obligation; or
(b)
is under section 154 deemed to have failed without a good and sufficient reason to comply with the obligation.
Compare: 1964 No 136 s 116B(1)(e)–(h)
154 Deemed failure to comply with work-test obligation
A person (P) is deemed to have failed without a good and sufficient reason to comply with a work-test obligation under section 144 or 146 if—
(a)
P, without a good and sufficient reason, fails to apply for suitable employment that requires candidates to undertake drug tests; or
(b)
P is a full-time work-tested beneficiary and leaves, without a good and sufficient reason, or is dismissed for misconduct from, part-time work or employment averaging less than part-time work; or
(c)
P is a part-time work-tested beneficiary who leaves, without a good and sufficient reason, or is dismissed for misconduct from, employment averaging less than part-time work.
Compare: 1964 No 136 s 116B(1)(f)–(h)
Deferral of work-test obligations
155 Deferral of work-test obligations
(1)
MSD may defer a person’s work-test obligations in accordance with regulations made under section 431 permitting it to do so.
(2)
MSD must defer a person’s work-test obligations in accordance with regulations made under section 431 requiring it to do so.
Compare: 1964 No 136 ss 88F(7), 88H, 88I(1)–(3), (5)–(7)
156 Effect of deferral of work-test obligations
(1)
A person’s work-test obligations are deferred for the period specified in MSD’s notice of deferral and sections 106 and 138 to 146 apply to that person as if he or she were not a person subject to work-test obligations.
(2)
A person whose work-test obligations are deferred in accordance with regulations made under section 431 must notify MSD as soon as practicable of any change in the person’s circumstances that may affect the person’s entitlement to the deferral.
Compare: 1964 No 136 ss 88J, 88K
Exemptions: work-preparation, work-test, and other obligations
157 Regulations may specify categories of exempt persons and grounds for exemption
Regulations made under section 431 may specify—
(a)
categories of persons who may be exempted from some or all of a work-preparation obligation, a work-test obligation, or an obligation under section 162, 164, 166, or 167; and
(b)
the grounds, and any required circumstances, for the grant of an exemption.
Compare: 1964 No 136 s 123D
158 MSD may grant exemption from work-preparation, work-test, or other obligation
(1)
A person may apply to MSD for an exemption from some or all of the person’s work-preparation obligations, work-test obligations, or obligations under section 162, 164, 166, or 167 and MSD may grant the exemption if satisfied that the person qualifies for an exemption under regulations made under section 431.
(2)
MSD may grant the exemption for a period set by MSD, and may make the exemption subject to conditions set by MSD.
(3)
A person granted an exemption under subsection (1) must notify MSD as soon as practicable of any change in the person’s circumstances that may affect the person’s entitlement to the exemption.
(4)
MSD may from time to time require a person granted an exemption under subsection (1) to attend an interview with an MSD employee or a person on behalf of MSD.
Compare: 1964 No 136 s 105(1), (2), (4), (5), (5A)
159 Donors of qualifying organs exempt from work-preparation, work-test, or other obligation while recuperating
160 Procedure for grant of exemption
The procedure for the granting of an exemption under section 158, including the review, extension, variation, or revocation of the exemption, is prescribed in regulations made under section 431.
Compare: 1964 No 136 s 105(3), (6), (7)
161 Person who fails to comply with requirement to attend interview is subject to sanction
(1)
A person (P) is subject to a sanction (see section 233(e)) if MSD is satisfied that P has failed, without a good and sufficient reason, to comply with a requirement under section 158(4) to attend an interview.
(2)
However, P is not subject to a sanction under section 233(e) if P is a young person to whom subpart 3 of Part 5 applies.
Compare: 1964 No 136 ss 105(5), 116B(1)(i)
Specific obligations: young person granted youth support payment
162 Obligations of young person granted youth support payment
(1)
A young person who has been granted a youth support payment must do the following things:
(a)
be enrolled in and undertake to MSD’s satisfaction, or be available for, a full-time course of secondary instruction or tertiary education or approved training or work-based learning leading to—
(ii)
a qualification that in MSD’s opinion is equivalent to NCEA level 2; or
(b)
as required by MSD, participate in and complete a budgeting programme approved by MSD for the purpose:
(c)
as required by MSD, attend and participate in any interview with an MSD employee or a person on behalf of MSD:
(d)
as required by a contracted service provider assigned to the person, attend and participate in any interview with that provider:
(e)
as required by MSD or a contracted service provider assigned to the person, report to MSD or the service provider on the person’s compliance with the obligations set out in paragraphs (a) to (d):
(f)
co-operate with MSD or a contracted service provider assigned to the person, in managing the spending of the young person’s youth payments or young parent payments:
(g)
attend and participate in regular discussions on budgeting with an MSD employee or a contracted service provider:
(h)
at budgeting discussions and otherwise as required by MSD, provide details of—
(i)
the young person’s accommodation costs, service costs, and other lawful debts and liabilities:
(ii)
how the young person has spent the young person’s youth support payments and, if applicable, young parent payments:
(i)
give to MSD or to a contracted service provider assigned to the young person (within 20 working days starting on the day after the date on which MSD informs the young person of the requirement) the following information:
(i)
details of the young person’s accommodation costs and service costs and other lawful debts and liabilities; and
(ii)
any other information reasonably required by MSD to effect money management under section 341.
(2)
In this section,—
accommodation costs, in relation to any young person, has the same meaning as in section 65 except that, in relation to a person who is a boarder or lodger in any premises, it means 100% of the amount paid for board or lodging
service costs has the same meaning as in section 65.
(3)
In this section and in sections 166 and 167,—
approved training means an employment-related training course approved by MSD
full-time course has the same meaning as in—
(b)
the corresponding provision of replacement regulations made under all or any of sections 645 and 646 and clause 3 of Schedule 9 of the Education and Training Act 2020.
(4)
In this section and in sections 164 to 167 and 200, work-based learning, in relation to any person, means a course or programme undertaken (or to be undertaken), in the course of or by virtue of his or her employment, that comprises, or includes a component of, practical or on-the-job vocational learning (for example, an industry training programme or apprenticeship).
(5)
A failure without good and sufficient reason to comply with obligations under this section is subject to sanctions, as provided in Part 5.
Compare: 1964 No 136 ss 157, 170(1)(a), (b), (d)–(g)
Section 162(3) full-time course paragraph (b): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
163 When education obligation or training obligation begins for young parent
(1)
This section applies to a young person—
(a)
who receives a young parent payment; and
(b)
who is principal caregiver of the young person’s youngest dependent child.
(2)
The obligation set out in section 162(1)(a) begins to apply to the young person only on the earlier of the following days:
(a)
the first day on which—
(i)
the child is at least 6 months old; and
(ii)
a suitable place is available for the young person in a teen parent unit; and
(iii)
MSD is satisfied that there are no special circumstances justifying the obligation’s beginning to apply later:
(b)
the day on which the child becomes 12 months old.
(3)
In this section, teen parent unit means an educational facility for teenage parents attached to a State school (within the meaning of the Education and Training Act 2020).
Compare: 1964 No 136 s 170(4)
Section 163(3): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Specific obligations: social obligations of young person granted young parent payment
164 Obligations of young person granted young parent payment
(1)
A young person who has been granted a young parent payment must also do the following things:
(a)
as required by MSD, participate to MSD’s satisfaction in a parenting education programme approved by MSD for the purpose:
(b)
enrol each dependent child with a primary health care provider (for example, a primary health organisation, or a prescribed health practitioner who is a provider of primary health care):
(c)
take all reasonable steps to ensure that each dependent child under the age of 5 years is up to date with core checks under—
(i)
the programme that immediately before 15 July 2013 was known as Well Child; or
(ii)
any similar programme established in its place:
(d)
ensure that each dependent child under the age of 5 years attends an approved early childhood education programme or other suitable childcare while the young person is in education, training, work-based learning, or part-time work.
(2)
A failure without good and sufficient reason to comply with obligations under this section is subject to sanctions, as provided in Part 5.
Compare: 1964 No 136 s 170(1)(c), (2)
Specific obligations: young person aged 18 or 19 years who is receiving jobseeker support and who is at significant risk of long-term welfare dependency
165 Young person aged 18 or 19 years who is receiving jobseeker support in young person’s own right and who is at significant risk of long-term welfare dependency
(1)
This section applies to a young person (P) aged 18 or 19 years without dependent children who is receiving jobseeker support under sections 20 to 24 in the young person’s own right.
(2)
If MSD determines that P is at significant risk of long-term welfare dependency (as that risk is defined in subsection (9)), MSD may require P to receive services of a kind referred to in section 373(1)(a) (youth services).
(3)
In exercising the discretion under subsection (2), MSD may consider factors that affect MSD’s ability to provide the young person with youth services (for example, funding and capacity to provide the services in the young person’s area).
(4)
However, before requiring the young person to receive youth services, MSD must take reasonable steps to consult the young person about—
(a)
the young person’s risk of long-term welfare dependency (as that risk is defined in subsection (9)); and
(b)
the proposal to require the young person to receive youth services.
(5)
A requirement under subsection (2) that is placed on a young person who is aged 19 years at the time the requirement is made continues—
(a)
until the close of the day that is 6 months after the date on which the requirement was placed on the young person, even if the young person turns 20 during that 6-month period; or
(b)
in the case of a young person who, on the day on which he or she turns 20, is continuing in a course of education, training, or work-based learning, until,—
(i)
if the course is a course of secondary instruction or if the course ends in December, the close of the following 31 March:
(ii)
in any other case, the close of the day on which the course ends.
(6)
If paragraphs (a) and (b) of subsection (5) both apply to the young person, the requirement continues until the later of the 2 dates that apply under those paragraphs.
(7)
The following apply to a young person who is required to receive youth services under subsection (2) as if the person’s jobseeker support, or the portion of the jobseeker support or the specified beneficiary’s benefit payable to the young person under section 337, were a youth payment:
(b)
sections 55 and 289 as if the appropriate incentive payments were those set out in clauses 8 and 9 in subpart 3 of Part 6 of Schedule 4:
(8)
MSD may from time to time review a requirement placed on a young person under subsection (2) and may confirm or revoke it.
(9)
In this section, risk of long-term welfare dependency, in relation to a person, means the risk, determined using risk factors set by the Minister for the purposes of this section and section 168 by direction under section 7, that the person will, for an indefinite period, not be able to obtain full-time employment and will be likely to remain wholly or largely dependent for the person’s financial support on all or part of a main benefit under this Act.
Compare: 1964 No 136 s 171A
Obligations of, and incentives for, young person who is spouse or partner of beneficiary
166 Young person aged 16 or 17 years who has no dependent child and who is spouse or partner of specified beneficiary
(1)
This section applies to a young person (P) who—
(a)
is 16 or 17 years old; and
(b)
is the spouse or partner of a specified beneficiary; and
(c)
has no dependent children.
(2)
P must do the following things:
(a)
be enrolled in and undertake to MSD’s satisfaction, or be available for, a full-time course of secondary instruction or tertiary education or approved training or work-based learning leading to—
(ii)
a qualification that in MSD’s opinion is equivalent to NCEA level 2; or
(b)
as required by MSD, participate in and complete a budgeting programme approved by MSD for the purpose:
(c)
as required by MSD, attend and participate in any interview with an MSD employee or a person on behalf of MSD:
(d)
as required by a contracted service provider assigned to the person, attend and participate in any interview with that provider:
(e)
as required by MSD or a contracted service provider assigned to P, report to MSD or the service provider on P’s compliance with the obligations set out in paragraphs (a) to (d):
(f)
co-operate with MSD, or a contracted service provider assigned to P, in managing the spending of the benefit received by P, as if that benefit were a youth support benefit:
(g)
attend and participate in regular discussions on budgeting with an MSD employee or a contracted service provider.
(3)
If P meets the criteria prescribed in regulations made for the purposes of section 55 under section 418(1)(c), P is entitled to receive the appropriate incentive payment (if any) stated in subpart 3 of Part 6 of Schedule 4 as if he or she were receiving a youth payment.
(4)
P is not subject to the work test, or to work-preparation obligations.
(5)
If P is aged under 18 years when the obligations in subsection (2) start to apply to him or her, those obligations continue—
(a)
until the close of the day that is 6 months after the date on which the obligations start to apply to P, even if he or she turns 18 during that 6-month period; or
(b)
if P, on the day when he or she turns 18, is continuing in a course of education, training, or work-based learning, until,—
(i)
if the course is a course of secondary instruction or if the course ends in December, the close of the following 31 March; or
(ii)
in any other case, the close of the day on which the course ends.
(6)
If paragraphs (a) and (b) of subsection (5) both apply to P, those obligations continue until the later of the 2 dates that apply under those paragraphs.
(7)
While P is subject to obligations under subsection (2) (being obligations to which P became subject on or after 25 October 2016), sections 341 and 342 and the obligation in section 162(1)(i) apply to P as if he or she were receiving a youth support payment.
Compare: 1964 No 136 ss 170(1)(a), (b), (d)–(g), 171(1), (4)
167 Young person aged 16 to 19 years who has dependent child and who is spouse or partner of specified beneficiary
(1)
This section applies to a young person (P) who—
(a)
is 16 to 19 years old; and
(b)
is the spouse or partner of a specified beneficiary; and
(c)
has 1 or more dependent children.
(2)
P must do the following things:
(a)
be enrolled in and undertake to MSD’s satisfaction, or be available for, a full-time course of secondary instruction or tertiary education or approved training or work-based learning leading to—
(ii)
a qualification that in MSD’s opinion is equivalent to NCEA level 2; or
(b)
as required by MSD, participate in and complete a budgeting programme approved by MSD for the purpose:
(c)
as required by MSD, attend and participate in any interview with an MSD employee or a person on behalf of MSD:
(d)
as required by a contracted service provider assigned to the person, attend and participate in any interview with that provider:
(e)
as required by MSD or a contracted service provider assigned to the person, report to MSD or the service provider on the person’s compliance with the obligations set out in paragraphs (a) to (d):
(f)
co-operate with MSD, or a contracted service provider assigned to the person, in managing the spending of the benefit received by the person, as if that benefit were a youth support benefit:
(g)
attend and participate in regular discussions on budgeting with an MSD employee or a contracted service provider.
(3)
P must also—
(a)
as required by MSD, participate to MSD’s satisfaction in a parenting education programme approved by MSD for the purpose:
(b)
enrol each dependent child with a primary health care provider (for example, a primary health organisation, or a prescribed health practitioner who is a provider of primary health care):
(c)
take all reasonable steps to ensure that each dependent child under the age of 5 years is up to date with core checks under—
(i)
the programme that immediately before 15 July 2013 was known as Well Child; or
(ii)
any similar programme established in its place:
(d)
ensure that each dependent child under the age of 5 years attends an approved early childhood education programme or other suitable childcare while the young person is in education, training, work-based learning, or part-time work.
(4)
If P meets the criteria prescribed in regulations made for the purposes of section 62 under section 418(1)(d), P is entitled to receive the appropriate incentive payment (if any) stated in subpart 3 of Part 6 of Schedule 4 as if he or she were receiving a young parent payment.
(5)
P is not subject to the work test, or to work-preparation obligations.
(6)
If P is aged under 20 years when the obligations in subsections (2) and (3) start to apply to P, those obligations continue—
(a)
until the close of the day that is 6 months after the date on which the obligations started to apply to P, even if he or she turns 20 during that 6-month period; or
(b)
if P, on the day on which he or she turns 20, is continuing in a course of education, training, or work-based learning, until,—
(i)
if the course is a course of secondary instruction or if the course ends in December, the close of the following 31 March; or
(ii)
in any other case, the close of the day on which the course ends.
(7)
If paragraphs (a) and (b) of subsection (6) both apply to P, those obligations continue until the later of the 2 dates that apply under those paragraphs.
(8)
While P is subject to obligations under subsection (2) or (3) (being obligations to which P became subject on or after 25 October 2016), sections 341 and 342 and the obligation in section 162(1)(i) apply to P as if he or she were receiving a youth support payment.
Compare: 1964 No 136 ss 170(1)(a)–(f) and (g)(i), 170(2), 171(2), (5)
168 Young person aged 18 or 19 years, who is receiving jobseeker support as spouse or partner of person granted that benefit, or who is work-tested spouse or partner of specified beneficiary, and who is at significant risk of long-term welfare dependency
(1)
This section applies to a young person (P) aged 18 or 19 years without dependent children who—
(a)
is receiving jobseeker support under sections 20 to 24 as the spouse or partner of the person granted the benefit; or
(b)
is the work-tested spouse or partner of a specified beneficiary (other than a spouse or partner described in paragraph (a)).
(2)
If MSD determines that P is at significant risk of long-term welfare dependency (as that risk is defined in subsection (8)), MSD may require P to receive services of a kind referred to in section 373(1)(a) (youth services).
(3)
In exercising the discretion under subsection (2), MSD may consider factors that affect MSD’s ability to provide the young person with youth services (for example, funding and capacity to provide the services in the young person’s area).
(4)
However, before requiring the young person to receive youth services, MSD must take reasonable steps to consult the young person about—
(a)
the young person’s risk of long-term welfare dependency (as that risk is defined in subsection (8)); and
(b)
the proposal to require the young person to receive youth services.
(5)
A requirement under subsection (2) that is placed on a young person who is aged 19 years at the time the requirement is made continues—
(a)
until the close of the day that is 6 months after the date on which the requirement was placed on the young person, even if the young person turns 20 during that 6-month period; or
(b)
in the case of a young person who, on the day on which he or she turns 20, is continuing in a course of education, training, or work-based learning, until,—
(i)
if the course is a course of secondary instruction or if the course ends in December, the close of the following 31 March:
(ii)
in any other case, the close of the day on which the course ends.
(6)
The following apply to a young person who is required to receive youth services under subsection (2) as if the person’s jobseeker support, or the portion of the jobseeker support or the specified beneficiary’s benefit payable to the young person under section 337, were a youth payment:
(b)
sections 55 and 289 as if the appropriate incentive payments were those set out in clauses 8 and 9 in subpart 3 of Part 6 of Schedule 4:
(7)
MSD may from time to time review a requirement placed on a young person under subsection (2) and may confirm or revoke it.
(8)
In this section, risk of long-term welfare dependency, in relation to a person, means the risk, determined using risk factors set by the Minister for the purposes of section 165 and this section by direction under section 7, that the person will, for an indefinite period, not be able to obtain full-time employment and will be likely to remain wholly or largely dependent for the person’s financial support on all or part of a main benefit under this Act.
Compare: 1964 No 136 s 171A
169 Interpretation
In sections 164 to 167,—
approved early childhood education programme means an early childhood education programme approved by regulations made under section 424
core check means a check of a child’s health and well-being that is—
(a)
done under, and identified in contract or funding arrangements as an essential part of, the programme in question; and
(b)
funded, directly or indirectly, through Vote Health
specified beneficiary means a person who is in a relationship and receives in his or her own right—
(a)
an emergency benefit, supported living payment under section 34, or jobseeker support; or
(b)
New Zealand superannuation paid at a rate specified in clause 1 of Part 2 of Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001; or
(c)
a veteran’s pension at the relationship (partner not receiving superannuation or pension) rate specified in regulations referred to in section 169 of the Veterans’ Support Act 2014.
Compare: 1964 No 136 ss 60RAB(1), (4), 157
Section 169 specified beneficiary paragraph (b): replaced, on 9 November 2020, by section 37 of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36).
Section 169 specified beneficiary paragraph (c): replaced, on 9 November 2020, by section 37 of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36).
Specific obligations: obligation to work with contracted service providers
170 Obligation to work with contracted service providers
(1)
This section applies to a person (P) who receives 1 of the following benefits, whether in P’s own right or on behalf of P’s spouse or partner:
(c)
a supported living payment:
(2)
P must, when required by MSD,—
(a)
attend and participate in any interview with a contracted service provider specified by MSD:
(b)
attend and participate in any assessment of P undertaken on behalf of MSD by a contracted service provider specified by MSD:
(c)
co-operate with a contracted service provider specified by MSD in facilitating the provision of the services that the provider has been contracted to provide in relation to P’s obligations under all or any of the following:
(i)
conditions of an emergency benefit that MSD imposes or determines under section 63(5):
(d)
report to a contracted service provider specified by MSD on P’s compliance with P’s obligations under this Act as often as, and in the manner that, the provider reasonably requires.
Compare: 1964 No 136 s 60GAG(1)
171 Person who fails to comply with requirement under section 170(2) subject to sanction
A person (P) is subject to a sanction (see section 233(f)) if MSD is satisfied that P has, without a good and sufficient reason, failed to comply with a requirement to take any of the steps listed in section 170(2).
Compare: 1964 No 136 s 60GAG(3)
General obligations: obligations in relation to overseas pensions
172 Interpretation
In sections 173 to 180,—
NZ benefits legislation means all or any of the following enactments:
(c)
Part 6 of the Veterans’ Support Act 2014
overseas pension has the same meaning given to it by section 187 for the purposes of sections 187 to 190.
173 Applicant for benefit, etc, to take reasonable steps to obtain overseas pension
(1)
This section applies if—
(a)
a person (A) is an applicant for a benefit under the NZ benefits legislation; and
(b)
1 or more of the following persons may be entitled to an overseas pension or may be granted an overseas pension:
(2)
If this section applies,—
(a)
A and A’s spouse or partner must take all reasonable steps to obtain the overseas pension to which either or both of them may be entitled or that may be granted to either or both of them; and
(b)
A must take all reasonable steps to obtain the overseas pension to which A’s dependant may be entitled or that may be granted to A’s dependant.
Compare: 1964 No 136 s 69G(1)
174 MSD may give notice requiring person to take reasonable steps to obtain overseas pension
(1)
MSD may give a notice to any of the following persons requiring that person to take all reasonable steps to obtain an overseas pension to which that person may be entitled or which that person may be granted:
(a)
an applicant (A) for a benefit under the NZ benefits legislation:
(b)
a recipient (R) of a benefit under the NZ benefits legislation:
(c)
the spouse or partner of A or R.
(2)
The notice must—
(b)
specify that the person to whom the notice is given must take all reasonable steps to obtain the overseas pension for that person; and
(c)
specify the period during which the person must take the necessary steps.
Compare: 1964 No 136 s 69G(2)
175 MSD may give notice requiring person to take reasonable steps to obtain overseas pension for dependant
(1)
MSD may give a notice to any of the following persons requiring that person to take all reasonable steps to obtain an overseas pension to which his or her dependant may be entitled or which his or her dependant may be granted:
(a)
an applicant for a benefit under the NZ benefits legislation:
(b)
a recipient of a benefit under any of those enactments.
(2)
The notice must—
(b)
specify that the person to whom the notice is given must take all reasonable steps to obtain the overseas pension for his or her dependant; and
(c)
specify the period during which the person must take the necessary steps.
Compare: 1964 No 136 s 69G(3)
176 Failure to comply with MSD’s notice given under section 174 or 175
(1)
This section applies if a person to whom a notice has been given under section 174 or 175 fails to comply with that notice.
(2)
MSD may—
(a)
in the case of an applicant for a benefit, refuse to grant the benefit:
(b)
in the case of a beneficiary or his or her spouse or partner, suspend the benefit.
(3)
A benefit suspended under subsection (2)(b) remains suspended until—
(a)
the beneficiary or his or her spouse or partner satisfies MSD that he or she has taken all reasonable steps to obtain the overseas pension; or
(b)
MSD cancels the benefit under subsection (4).
(4)
MSD may, not less than 40 working days after suspension of a benefit under subsection (2)(b), cancel the benefit from the date that MSD determines.
Compare: 1964 No 136 s 69G(4), (5)
177 Applicant for benefit must provide information as to rate of overseas pension
(1)
This section applies if a person (A) applies for a benefit under the NZ benefits legislation.
(2)
A must provide MSD with information establishing to MSD’s satisfaction the rate of any overseas pension that is received by any of the following persons:
(3)
MSD may refuse to grant a benefit to an applicant who has not complied with subsection (2) within 10 working days after applying for the benefit.
Compare: 1964 No 136 s 69H(1), (2)
178 MSD may give notice requiring beneficiary to provide information as to rate of overseas pension
(1)
This section applies if a person (P) receives a benefit under the NZ benefits legislation.
(2)
MSD may give P a written notice requiring P to provide MSD with information establishing to MSD’s satisfaction the rate of any overseas pension that is received by any of the following persons:
Compare: 1964 No 136 s 69H(3)
179 Failure to comply with MSD’s notice given under section 178
(1)
This section applies if a person to whom a notice has been given under section 178 fails to comply with that notice within 10 working days after the notice has been given.
(2)
MSD may suspend the benefit, which remains suspended until—
(a)
the beneficiary establishes to MSD’s satisfaction the rate of the overseas pension; or
(b)
MSD cancels the benefit under subsection (3).
(3)
MSD may, not less than 40 working days after suspension of a benefit under subsection (2), cancel the benefit from the date that MSD determines.
Compare: 1964 No 136 s 69H(4), (5)
180 Meaning of rate
In sections 177 to 179, rate, in relation to an overseas pension, means the rate of that pension in the currency of the country paying that pension.
Compare: 1964 No 136 s 69H(6)
Miscellaneous
181 Application of health and safety legislation, etc
(1)
This section applies if a person (P)—
(a)
is doing work as part of a job search activity in accordance with P’s work-test obligations or under section 261 or 324; or
(b)
is a beneficiary and is doing work as part of an employment-related activity or activity in the community arranged by MSD.
(3)
Except as provided in subsection (2), nothing in this Part creates or implies an employment relationship between P and B.
Compare: 1964 No 136 s 123C
182 Obligations suspended where MSD has exercised discretion to pay benefit while beneficiary overseas
(1)
This section applies if MSD has exercised its discretion under any regulations made under section 436 to pay a benefit to a person (P) for a period of absence by P from New Zealand.
(2)
During the period of absence for which the benefit is paid, P is not required to comply with his or her work-test or work-preparation obligations or young person or young parent obligations.