Hon Chester Borrows
Government Bill
98—2
As reported from the Social Services Committee
Commentary
Key
1 Title
2 Commencement
3 Principal Act
Part 1Substantive amendments
Review of decisions
4 Section 10A amended (Review of decisions)
Rights of appeal
5 Section 12J replaced (Rights of appeal)
12J Rights of appeal
Application of determinations that, and when, person single or married
5A Section 63 amended (Conjugal status for benefit purposes)
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)
83AA 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)
85B 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 unapportioned excess amount obtained by fraud
10 New section 86AA inserted (Recovery from spouse or partner of unapportioned excess amount beneficiary obtained by fraud)
86AA Recovery from spouse or partner of unapportioned excess amount beneficiary obtained by fraud
11 Section 124 amended (Money payable out of Crown Bank Account)
Fraud measures: offences
12 New section 127A inserted (Offences: spouse or partner benefiting from excess amount knowing, or being reckless about whether, it is obtained by beneficiary's fraud)
127A Offences: spouse or partner benefiting from excess amount knowing, or being reckless about whether, it is obtained by beneficiary's fraud
Part 2Consequential amendments, and application, savings, and transitional provisions
Consequential amendments
12A Section 3C replaced (Transitional and savings provisions relating to amendments to this Act)
3C Transitional and savings provisions relating to amendments to this Act
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)
28A Section 151 amended (Conjugal status for purpose of means assessment)
28B Schedule 32 amended
29 Social Security (Childcare Assistance) Regulations 2004 amended
30 Social Security (Debt Recovery Suspension) Regulations 2007 amended
31 Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) 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
Legislative history
The Parliament of New Zealand enacts as follows: