Child Support (Pass On) Acts Amendment Bill

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Hon Carmel Sepuloni

Child Support (Pass On) Acts Amendment Bill

Government Bill



Explanatory note
3Principal Act
4Section 2 amended (Interpretation)
5Section 9 replaced
9UCB beneficiaries must apply for formula assessment
6Section 12 amended (Deemed application by beneficiary)
7Section 27 amended (Election by receiving carer to end formula assessment)
8Section 35A amended (Living allowance)
9Section 50 amended (Exception where payee is social security beneficiary)
10Section 89B amended (Definitions for this Part)
11Section 96Y amended (Election by receiving carer or by liable parent to become party or discontinue proceedings)
12Section 122 replaced (Social security beneficiary to be compellable witness against liable parent)
122UCB beneficiary is compellable witness against liable parent
13Section 131 amended (Social security beneficiaries to pay financial support by automatic deduction)
14Sections 141 to 143 replaced
141Payment to receiving carers who are not UCB beneficiaries
142Payment of formula assessment child support to receiving carers who are UCB beneficiaries
143Payment of voluntary agreement child support to receiving carers who are UCB beneficiaries
15Section 152B amended (Offsetting child support payments)
16Section 179A amended (Waiver of right to payment)
17Section 180 amended (Payee may uplift financial support debt)
18Section 180A amended (Commissioner may write off benefit component of child support debt if receiving carer was social security beneficiary and recovery would cause serious hardship or be inefficient use of Commissioner’s resources)
19Schedule 1 amended
20Principal rules
21Rule 13 amended (Affidavit to accompany certain applications)
22Rule 19 revoked (Declaration of financial means)
23Schedule 1 amended
24Principal rules
25Rule 21 amended (Special rules relating to affidavits)
26Rule 258 amended (Affidavits in support to be filed to make certain applications on notice)
27Rule 260 revoked (Affidavit of financial means and their sources to be filed to make application under section 116 of Act)
28Schedule 3 amended
29Principal Act
30Section 113 amended (Beneficiary must notify change of circumstances)
31Section 296 amended (What this Part does)
32Section 304 amended (Review of entitlement and rate payable)
33New section 304A inserted (Grounds for review of whether person’s information share child support payment is or was their weekly income)
304AGrounds for review of whether person’s information share child support payment is or was their weekly income
34New subpart 5A of Part 6 inserted
363AUse of automated electronic systems to make decisions, exercise powers, comply with obligations, and take related actions
363BPublication of details of arrangements for use of automated electronic systems
363CVariation and substitution of decisions made by automated electronic systems
363DAppeals and reviews unaffected
35Section 418 amended (Regulations: general)
36Schedule 1 amended
37Schedule 2 amended
38Schedule 3, clause 1 amended (What this schedule does)
39Schedule 3, new clause 7A inserted (Overview of how child support may be income)
7AOverview of how child support may be income
40Schedule 3, clause 8 amended (Income excludes specified benefits, etc)
41Schedule 3, Part 3 heading amended
42Schedule 3, clause 11 amended (Interpretation)
43Schedule 3, clause 12 amended (How annual income calculated)
44Schedule 3, clause 13 amended (How weekly income calculated)
45Schedule 3, clause 15 amended (Rules on how MSD determines income of people engaged in business or trade)
46New Part 3A of Schedule 3 inserted
15AHow payment is charged as weekly income
15CDeemed receipt: general rule
15DDeemed receipt: exception
15EWhen income charging starts: general rule
15FWhen income charging ends: general rule
15GTerminal benefit
15HTransfer to new benefit paid in different instalments
47Schedule 3, clause 16 amended (Effect of deprivation of income or property)
48Schedule 3, clause 17 amended (Rules on how MSD determines deprivation of income or property)
49Schedule 4, Part 6 amended
50Principal regulations
51Regulation 20 amended (Interpretation)
52Regulation 69 amended (Chargeable income)
53Regulation 71 amended (Allowable costs)
54Regulation 182 amended (Period of benefit stand down: interpretation)
55Regulation 207 amended (Exceptions to duty to recover debts)
56New regulations 208A and 208B inserted
208ADebts caused by disruption to automated electronic system
208BDebts caused by specified errors identified through information share child support payment reviews
57Schedule 1 amended
58Schedule 8, clause 1 amended (Cash assets exemptions (for accommodation supplement))
59Schedule 8, clause 2 amended (Cash assets exemptions (for temporary additional support))
60Schedule 8, clause 4 amended (Income exemptions (for purposes of Act))
61New Parts 34 and 35 of Schedule 8 inserted
62Principal Act
63Section 2 amended (Interpretation)
64Section 112 amended (Assessable income may be adjusted in certain cases)
65Schedule 2 repealed
66Schedule 4 amended
67Principal regulations
68Regulation 14 amended (Certain payments not to be income)
69Schedule amended

The Parliament of New Zealand enacts as follows: