Social Security (Fraud Measures and Debt Recovery) Amendment Bill

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Hon Chester Borrows

Social Security (Fraud Measures and Debt Recovery) Amendment Bill

Government Bill



Explanatory note

1 Title

2 Commencement

3 Principal Act

Part 1
Substantive amendments

Review of decisions

4 Section 10A amended (Review of decisions)

Rights of appeal

5 Section 12J replaced (Rights of appeal)

Debts due to the Crown

6 New section 83AA inserted (Apportionment of benefit between spouses or partners: one is liable for proportion other obtained by fraud if that one knew, or ought to have known, about other's fraud)

7 Section 85A amended (Payments that are debts due to the Crown)

8 New section 85B inserted (Payments that are debts due to the Crown: examples)

Recovery of amounts in excess of entitlements and related penalties

9 Section 86 amended (Recovery of payments made in excess of authorised rates)

Fraud measures: recovery of excess amount obtained by fraud

10 New section 86AA inserted (Recovery from spouse or partner of excess amount beneficiary obtained by fraud)

Recovery of amounts in excess of entitlements and related penalties

11 Section 124 amended (Money payable out of Crown Bank Account)

Fraud measures: offences

12 New section 127A inserted (Offences: spouse or partner knowingly or recklessly benefiting from beneficiary's fraud)

Part 2
Consequential amendments, and application, savings, and transitional provisions

Consequential amendments

13 Section 12K amended (Procedure on appeal)

14 Section 60H amended (Voluntary unemployment or loss of employment through misconduct, etc)

15 Section 68A amended (Special provisions applying to insurance payments)

16 Section 71 amended (Special provisions where compensation or damages recoverable by applicant)

17 Section 80BB amended (Delayed redundancy and retirement payments)

18 Section 80BC amended (Seasonal workers made redundant after benefit commences)

19 Section 82 amended (Payment of benefits)

20 Section 83A amended (Tax on benefits)

21 Section 86A amended (Deduction notices for debt)

22 Section 86C amended (Discharge of debt)

23 Section 86E amended (Deductions held in trust)

24 Section 86I amended (Penalty for late deductions)

25 Section 123B amended (Effect of participation in certain activities on non-entitlement period)

26 Section 124 amended (Money payable out of Crown Bank Account)

27 Section 127 amended (Offences)

28 Section 132G amended (Regulations providing for remittance or suspension of debt)

29 Social Security (Childcare Assistance) Regulations 2004 amended

30 Social Security (Debt Recovery Suspension) Regulations 2007 amended

31 Social Welfare (Transitional Provisions) Act 1990 amended

Application of amendments

32 Certain review and appeal amendments apply to decisions made before 4 November 2013

33 Amendments generally apply in respect of excess amounts obtained or received before, on, or after 4 November 2013

Transitional provisions

34 Amendment, review, or replacement of existing debt-recovery decisions or determinations

The Parliament of New Zealand enacts as follows: