Clause 4 amends section 20 (jobseeker support: requirements). The amendment ensures that section 20 is subject to new sections 22A and 27(6) (entitlement to supported living payment, and medical certificate).

Clause 5 inserts new section 22A, which makes it clear that jobseeker support on the ground of a health condition, injury, or disability (see sections 20(b) and 22(c)) cannot be granted to an applicant (A) if A is entitled to a supported living payment on the ground of restricted work capacity under sections 34 to 39 for the reasons set out in new section 22A(2).

Clause 6 amends section 25 (jobseeker support: discretionary grant on ground of hardship). The amendment ensures that section 25 is subject to new section 27(6) (medical certificate).

New section 27—

• requires a medical certificate to be provided by—

  • an applicant for jobseeker support on the ground of a health condition, injury, or disability (A) (see sections 20(b) and 22(c)); and

  • a beneficiary (A) who is to move to that benefit in a review under section 304 or new section 310A; and

• requires the medical certificate to be given by a prescribed health practitioner (PHP), and to certify and state specified matters, including the certificate’s coverage (which is also the period before the review for the medical review date in new section 205C); and

• ensures that, if the health condition is that A is at least 27 weeks pregnant, and A has no other health condition, injury, or disability, then—

  • there is no period before the review for the medical review date (see new section 205C); and

  • the period in new section 27(4)(a)—

    • starts when A is 27 weeks pregnant; and

    • ends at the close of the date that MSD is satisfied, from relevant information available to MSD (for example, a notification by A to MSD under section 113 that A has given birth), is the date on which A’s pregnancy ended; and

• until MSD has received, from, or on behalf of, A, a medical certificate that complies with new section 27, prevents MSD from granting jobseeker support on the ground of a health condition, injury, or disability—

  • in response to A’s application mentioned in new section 27(1); or

  • in the review mentioned in new section 27(2); and

• ensures that new section 27(6)—

  • overrides sections 20, 25, 301, 302, 307, and 308 and new sections 310R and 310S; but

  • does not limit section 141 (jobseeker support: work capacity determination and work test) (for example, MSD’s duty under section 141(3)(a) to make a determination under section 141 after having had regard to a medical certificate under new section 27).

New section 28—

• applies to an applicant for, or a person receiving, jobseeker support on the ground of a health condition, injury, or disability (P) (see sections 20(b) and 22(c)); and

• enables MSD to at any time require P to undergo an examination by a PHP; and

• requires the PHP to be agreed for the purpose between P and MSD or, failing agreement, to be nominated by MSD; and

• requires the PHP to prepare, and send MSD a copy of, a medical report; and

• requires the medical report to certify and state specified matters, including the medical report’s coverage (which is also the period before the review for the medical review date in new section 205C); and

• defines the medical report’s coverage; and

• ensures that, if the health condition is that P is at least 27 weeks pregnant, and P has no other health condition, injury, or disability,—

  • the medical report’s coverage does not include a period before the review for the medical review date in new section 205C; and

  • the period in new section 28(6)(a)—

    • starts when P is 27 weeks pregnant; and

    • ends at the close of the date that MSD is satisfied, from relevant information available to MSD (for example, a notification by P to MSD under section 113 that P has given birth), is the date on which P’s pregnancy ended; and

• ensures that new section 28 does not limit section 141 (jobseeker support: work capacity determination and work test) (for example, MSD’s duty under section 141(3)(a) to make a determination under section 141 after having had regard to a medical report under new section 28).

Clause 8 amends section 33 (expiry of sole parent support, and replacement with jobseeker support, when youngest dependent child turns 14 years old). New section 33(5) ensures that section 33 does not preclude a mandatory review under new subpart 3A of Part 6 of whether P satisfies the conditions of entitlement to jobseeker support.

Clause 9 amends section 34 (supported living payment: on ground of restricted work capacity or total blindness: requirements). The amendment ensures that section 34 is subject to new section 36A(7) (medical evidence).

Clause 10 replaces section 37 (supported living payment: on ground of restricted work capacity or total blindness: medical examination) with—

• new section 36A (supported living payment: on ground of restricted work capacity or total blindness: requirement to provide medical certificate or other medical evidence); and

• new section 37 (supported living payment: on ground of restricted work capacity or total blindness: medical examination).

New section 36A—

• requires a medical certificate, or other medical evidence, that complies with new section 36A, to be provided by—

  • a person who applies for a supported living payment on the ground of restricted work capacity or total blindness (P); or

  • a beneficiary (A) who is to move to that benefit in a review under section 304 or new section 310A; and

• requires the medical certificate, or other medical evidence, under new section 36A to be given by a PHP, and to certify and state specified matters, including the evidence’s coverage (which includes the period before the review, if any, for the medical review date in new section 205C); and

• ensures that the requirements to provide medical evidence do not apply if the benefit is, or would be, payable in Australia; and

• enables MSD to accept, instead of a medical certificate that complies with new section 36A, other medical evidence that MSD is satisfied—

  • establishes what must be certified by, and stated in, a certificate that complies with new section 36A; and

  • that it is appropriate in the circumstances for MSD to accept instead of a certificate that complies with new section 36A; and

• until MSD has received, from, or on behalf of, A, a medical certificate or other medical evidence that complies with new section 36A, prevents MSD from granting a supported living payment on the ground of restricted work capacity or total blindness—

  • in response to P’s application mentioned in new section 36A(1); or

  • in the review mentioned in new section 36A(2); and

• ensures that new section 36A(7) overrides sections 34, 301, 302, 307, and 308 and new sections 310R and 310S.

New section 37—

• applies to a person (P) who is an applicant for, or who is receiving, a supported living payment on the ground of restricted work capacity or total blindness; and

• enables MSD to at any time require P to undergo an examination by a PHP; and

• requires the PHP to be agreed for the purpose between P and MSD or, failing agreement, to be nominated by MSD; and

• requires the PHP to prepare, and send MSD a copy of, a medical report; and

• requires the medical report to certify and state specified matters, including the medical report’s coverage (which is also the period before the review for the medical review date in new section 205C); and

• defines the medical report’s coverage.

Clause 11 amends section 40 (supported living payment: on ground of caring for another person: requirements). The amendment ensures that section 40(1) is subject to new section 41(5) (medical certificate).

Clause 12 replaces sections 41 and 42.

New section 41—

• requires a medical certificate to be provided by—

  • a person (C) who applies for a supported living payment on the ground of caring for another person (P); and

  • a person (C) who is required to give full-time care and attention at home to a person (P) who is to move to that benefit in a review under section 304 or new section 310A; and

• requires the medical certificate to be given by a PHP, and to certify and state specified matters, including the certificate’s coverage; and

• until MSD has received, from, or on behalf of, C, a medical certificate that complies with new section 41, prevents MSD from granting a supported living payment on the ground of caring for another person—

  • in response to C’s application mentioned in new section 41(1); or

  • in the review mentioned in new section 41(2); and

• ensures that new section 41(5) overrides sections 40(1), 301, 302, 307, 308 and new sections 310R and 310S.

New section 42—

• applies if a supported living payment on the ground of caring for another person (P) has been applied for by, or granted to, a person (C); and

• enables MSD to at any time require that P be examined by a PHP; and

• requires the PHP to be agreed for the purpose between P and MSD or, failing agreement, to be nominated by MSD; and

• requires the PHP to prepare, and send MSD a copy of, a medical report; and

• requires the medical report to certify and state specified matters, including the medical report’s coverage (which is also the period before the review for the medical review date in new section 205C); and

• defines the medical report’s coverage.

Clause 13 amends section 75 (winter energy payment: termination on review). The amendment ensures that MSD may terminate a winter energy payment if satisfied, after reviewing the payment under new section 310A (see also new section 310T), that—

• the rate of the beneficiary’s qualifying benefit (under section 72(1)(a)) is required by section 206 to be reduced to the rate payable to long-term hospital patients (even if MSD pays a higher rate under section 206(2)); and

• continuing the payment is not consistent with the purpose of the winter energy payment stated in section 70.

Clause 14 amends section 78 amended (child disability allowance: discretionary grant). New section 78(3) ensures that section 78(1) is subject to new section 80(5) (medical evidence).

Clause 15 replaces sections 80 and 81.

New section 80—

• requires a medical certificate, or other medical evidence, that complies with new section 80, to be provided by a person (A) who applies for a child disability allowance for a child (C); and

• requires the medical certificate, or other medical evidence, under new section 80 to be given by a PHP, and to certify and state specified matters, including the evidence’s coverage (which includes the period before the review, if any, for the medical review date in new section 205C); and

• enables MSD to accept, instead of a medical certificate that complies with new section 80, other medical evidence that MSD is satisfied—

  • establishes what must be certified by, and stated in, a medical certificate that complies with new section 80; and

  • that it is appropriate in the circumstances for MSD to accept instead of a medical certificate that complies with new section 80; and

• until MSD has received, from, or on behalf of, A, a medical certificate or other medical evidence that complies with new section 80, prevents MSD from granting a child disability allowance for C in response to A’s application mentioned in new section 80(1); and

• ensures that new section 80(5) overrides sections 78(1), 301, and 302.

New section 81—

• applies if a child disability allowance for a child (C) has been applied for or granted; and

• enables MSD to at any time require C to be examined by a PHP; and

• requires the PHP to be agreed for the purpose between the person who applied for, or who is receiving, the allowance for C and MSD or, failing agreement, to be nominated by MSD; and

• requires the PHP to prepare, and send MSD a copy of, a medical report; and

• requires the medical report to certify and state specified matters, including the medical report’s coverage (which is also the period before the review for the medical review date in new section 205C); and

• defines the medical report’s coverage.

Clause 16 amends section 85 (disability allowance: discretionary grant). New section 85(1), (1A), and (1B) re-enacts section 85(1) to clarify how grants under section 85(1) are applied for, and are made to, or on account of, a person who—

• meets the criteria for eligibility in section 85(2); or

• falls into a special category of eligibility specified in regulations made under section 425.

New section 85(5) ensures that new section 85(1) is subject to new section 87A(4) (medical certificate).

Clause 17 replaces section 88 (disability allowance: medical examination) with—

• new section 87A (disability allowance: requirement to provide medical certificate); and

• new section 88 (disability allowance: medical examination).

New section 87A—

• requires a medical certificate that complies with new section 87A to be provided by a person (A) who applies for a disability allowance for a person (P); and

• requires the medical certificate to be given by a PHP, and to certify and state specified matters, including the evidence’s coverage (which includes the period before the review, if any, for the medical review date in new section 205C); and

• until MSD has received, from, or on behalf of, A, a medical certificate that complies with new section 87A, prevents MSD from granting a disability allowance to or on account of P in response to A’s application mentioned in new section 87A(1); and

• ensures that new section 87A(4) overrides new section 85(1) and sections 301 and 302.

New section 88—

• applies if a disability allowance for a person (P) has been applied for or granted; and

• enables MSD to at any time require P to be examined by a PHP; and

• requires the PHP to be agreed for the purpose between the person who applied for, or who is receiving, the allowance for P and MSD or, failing agreement, to be nominated by MSD; and

• requires the PHP to prepare, and send MSD a copy of, a medical report; and

• requires the medical report to certify and state specified matters, including the medical report’s coverage (which is also the period before the review for the medical review date in new section 205C); and

• defines the medical report’s coverage.

Clause 18 replaces subpart 18 of Part 2. Subpart 18 contains section 103.

Section 103 applies where a child (C) aged 18 years—

• is not financially independent; and

• is attending school or a tertiary educational establishment.

Section 103 gives MSD discretion, even though C is 18 years old, and for such period as MSD determines (expiring not later than the pay day immediately after 31 December in the year in which C turns 18 years old), to—

• grant or continue to pay an orphan’s benefit or unsupported child’s benefit in respect of C:

• pay any other benefit at the appropriate rate that includes C as a dependent child of the beneficiary.

New subpart 18 contains new sections 103 to 103H.

New subpart 18 sets out how a dependent child (C) turning 18 years old may affect eligibility for, and the appropriate rate of benefit for, the following kinds of benefits (as defined in new section 103A):

• a non-discretionary dependent child rate benefit:

• a discretionary dependent child rate benefit:

• a specified children’s benefit.

New subpart 18 also requires MSD, at least 20 working days (or, if that period is not possible, as early as practicable) before C’s 18th birthday, to give the beneficiary a notice that—

• explains the effect of the general rules in new sections 103B to 103E and of the exceptions to those general rules (which include the exception in new section 103F (if C is not financially independent and is continuing education)); and

• asks the beneficiary to provide to MSD, before C’s 18th birthday, any information relevant to whether an exception applies.

Clause 19 amends section 141 (jobseeker support: work capacity determination and work test). Section 141(3)(a) is amended to make it clear that a certificate given under new section 27 is a medical certificate.

Clause 20 amends section 183, which is a guide to Part 4 (factors affecting benefits). The amendment inserts new section 183(2)(la), which identifies, as a factor that may affect a benefit, a failure to provide updated medical evidence for a medical evidence benefit (see new sections 205A to 205I).

Clause 21 amends section 198A (how section 252 of Accident Compensation Act 2001 affects entitlement to, and rate of, specified supplementary assistance). The amendment aligns a cross-reference in section 198A with new subpart 3A of Part 6.

Clause 22 inserts new sections 205A to 205I and a cross-heading. Those new sections are about a failure to provide updated medical evidence for a medical evidence benefit.

New section 205A applies if—

• a beneficiary is receiving a medical evidence benefit (as defined in new section 205C); and

• a period was identified in the coverage (as defined in Schedule 2) of the medical certificate, or other medical evidence, for that benefit; and

• that benefit therefore has a medical review date (as defined in new section 205C); and

• the beneficiary is not excluded from requirements under new section 205A (in circumstances, and for the relevant period, specified) by regulations made under new section 434A(1)(a); and

• the beneficiary’s compliance with requirements under new section 205A has not been deferred under new section 205D (for example, in circumstances, and for the relevant period, specified by regulations made under new section 434A).

New section 205A(2) requires the beneficiary to ensure that MSD has received updated medical evidence (as defined in new section 205C)—

• for that benefit; and

• from, or on behalf of, the beneficiary; and

• before whichever is applicable of the following dates:

  • the medical review date for that benefit:

  • the date to which the beneficiary’s compliance with requirements under new section 205A is deferred under new section 205D.

New section 205A(3) provides that new section 205A(4) applies if the medical evidence benefit is granted—

• for, or in respect of, the beneficiary; and

• on an application made by, or on behalf of, any other person; and

• to any other person on account of the beneficiary.

New section 205A(4) ensures that a reference, in any of new sections 205A(2) and 205B to 205I, to the beneficiary includes a reference to the other person to whom the medical evidence benefit is granted on account of the beneficiary.

New section 205B(1) ensures that new section 205B applies only if, on the medical review date (as defined in new section 205C), the medical evidence benefit—

• is suspended; or

• is not for the time being payable under the Act.

New section 205B(2) requires the beneficiary to ensure that MSD has received updated medical evidence under new section 205A only if the beneficiary contacts MSD—

• in the period that—

  • starts on the medical review date; and

  • ends on the day on which the benefit is to be cancelled; and

• seeking to have the suspension end and the benefit become payable under the principal Act, or the benefit otherwise become payable under the principal Act.

New section 205B(3) provides that, if the beneficiary contacts MSD as provided in new section 252B(2),—

• the requirements of new section 205A apply (despite anything to the contrary in new section 205A or new sections 205D to 205I) subject to the modifications set out in new section 205B; and

• MSD must promptly give the beneficiary a notice advising the beneficiary of the effect of those modifications.

New section 205B(4) to (7) sets out the following modifications:

• the suspension can end and the benefit can become payable under the Act, or the benefit can otherwise become payable under the Act, only after MSD has received updated medical evidence in line with those requirements:

• if MSD has not received updated medical evidence in line with those requirements by the day on which the benefit is to be cancelled, MSD must cancel the benefit effective from the date of suspension and, in order to receive it again, the beneficiary must apply for it, and be granted it, again:

• new sections 205A(1)(d) and (e) and 205D to 205G do not apply to the benefit or to the beneficiary ensuring that MSD has received updated medical evidence for the benefit:

• the beneficiary must, before a deadline that MSD specifies and that is before the day on which the benefit is to be cancelled, ensure that MSD has received updated medical evidence for the benefit.

New section 205C defines terms used in new sections 205A to 205I (namely, beneficiary receiving a hospital rate of benefit, beneficiary receiving residential care subsidy, beneficiary receiving residential support subsidy, hospital or residential care beneficiary, medical evidence benefit, medical review date, and updated medical evidence).

New section 205D(1) provides that regulations made under new section 434A(1)(b) for the purposes of new section 205A(1)(e) may, under new section 205D(1), defer compliance with requirements under new section 205A by a specified class of beneficiaries for a specified period not exceeding 52 weeks if MSD is satisfied that—

• a specified area (in or outside New Zealand) is affected by any circumstances specified; and

• the specified class of beneficiaries is present in or residing in, and cannot reasonably leave, that specified area.

New section 205D(2) ensures that deferral of compliance under new section 205D(1) in respect of a beneficiary does not affect or limit MSD’s duty under new section 205E(1) to, at least 20 working days (or, if that period is not possible, as early as practicable) before the medical review date, give the beneficiary notice of the requirement under new section 205A(2).

New section 205D(3) provides that new section 205D(4) applies only if a beneficiary receiving jobseeker support on the ground of a health condition, injury, or disability, or a supported living payment on ground of restricted work capacity or total blindness, is a hospital or residential care beneficiary.

New section 205D(4) ensures that, for the purposes of new section 205A(1)(e), the beneficiary’s compliance with requirements under new section 205A is deferred under new section 205D until the first Monday after the beneficiary ceases to be a hospital or residential care beneficiary.

New section 205E(2) ensures that new section 205E(1) does not apply if, when MSD must give notice under that subsection, the medical evidence benefit—

• is suspended; or

• is not for the time being payable under the principal Act, for example, under—

  • section 217 (benefit not payable during custody in prison or on remand); or

  • section 219 (general rule: benefit not payable while beneficiary absent from New Zealand).

New section 205E(3) ensures that new section 205E(4) applies, despite new section 205E(1) and (2), if—

• the suspension ends and the medical evidence benefit becomes payable under the Act; or

• the medical evidence benefit otherwise becomes payable under the Act.

New section 205E(4) requires MSD, as soon as practicable, to take reasonable steps to notify the beneficiary of the requirement under new section 205A(2).

New section 205E(5) ensures that new section 205E(1) does not apply if the beneficiary is a hospital or residential care beneficiary.

New section 205E(6) ensures that new section 205E(1) does not apply if the medical evidence benefit ends under any of new section 326 and sections 327 to 329 because either of the following has died:

• the beneficiary who was receiving that benefit:

• a child, or other person, for whom, or on account of whom, that benefit was granted.

New section 205F(1) and (2) enables MSD to extend, by up to 40 working days, the deadline under new section 205A(2) for providing updated medical evidence if—

• the beneficiary (B) contacts MSD before that deadline; and

• MSD is satisfied that B has a good and sufficient reason for not being able to provide the updated medical evidence before that deadline.

New section 205F(3) enables the extension to be for more than 40 working days but not more than 52 weeks if B is paid the benefit for B’s absences from New Zealand longer than 4 weeks in any 52-week period—

• under section 219(3) and regulations made under section 436; and

• because MSD is satisfied that payment of the benefit complies with the relevant qualifying circumstances set out in new section 205F(4).

New section 205F(4) provides that the relevant qualifying circumstances for new section 205F(3) are that—

• B’s return to New Zealand from an absence in respect of which the benefit is paid has been prevented by new circumstances that—

  • were not reasonably foreseeable at the time when B last left New Zealand; and

  • are outside B’s control; and

• MSD is satisfied that the extension of the absence is not longer than is necessitated by the new circumstances.

New section 205F(5) enables MSD to extend the deadline under new section 205A(2) for providing updated medical evidence, by up to 40 working days after the medical evidence benefit is suspended under new section 205G, if—

• B was a hospital or residential care beneficiary; and

• B contacts MSD after that deadline; and

• MSD is satisfied that B had a good and sufficient reason for not being able to provide the updated medical evidence before that deadline.

New section 205G sets out the consequences if the beneficiary fails to comply with a requirement under new section 205A(2).

New section 205G(1) provides that, if the beneficiary fails to comply with a requirement under new section 205A(2), MSD must suspend, with effect from the end of the day before the relevant deadline stated in new section 205G(5), the medical evidence benefit that the beneficiary is receiving.

New section 205G(2) provides that, on suspending under new section 205G(1) a child disability allowance or a disability allowance, MSD must also suspend, with effect from the end of the day before the relevant deadline stated in new section 205G(5), any temporary additional support that the beneficiary is receiving.

New section 205G(3) provides that, on suspending under new section 205G(1) a medical evidence benefit other than a child disability allowance or a disability allowance, MSD must also suspend, with effect from the end of the day before the relevant deadline stated in new section 205G(5), every other benefit, or special assistance granted under section 100 or 101, if any, that the beneficiary is receiving and that is not of a kind excluded from suspension under new section 205G(4).

New section 205G(4) specifies the kinds of benefits, or special assistance, that are excluded from suspension under new section 205G(3).

New section 205G(6) is an exception: every benefit or special assistance must be resumed from when it was suspended under new section 205G(1), (2), or (3) if the beneficiary—

• was a hospital or residential care beneficiary; and

• is granted an extension under new section 205F(5).

New section 205G(7) requires MSD to cancel a benefit or special assistance with effect from when the benefit or special assistance is suspended under new section 205G(1), (2), or (3) if—

• the benefit or special assistance is suspended under new section 205G(1), (2), or (3); and

• the beneficiary fails to comply with a requirement under new section 205A(2) within 8 weeks starting at the relevant deadline stated in new section 205G(5).

New section 205H also applies, under new section 205H(4), if MSD is satisfied from the updated medical evidence that MSD received for the medical evidence benefit that no relevant change in the applicable medical circumstances has occurred since whichever is the last to occur of the following dates:

• the date on which that benefit commenced:

• the date on which MSD last completed consideration of updated medical evidence that MSD received for that benefit.

New section 205H, if it applies under new section 205H(2) or (4), ensures that the beneficiary remains entitled to receive the following that the beneficiary received immediately before the medical review date:

• the medical evidence benefit:

• the rate of the medical evidence benefit.

New section 205I(1) ensures that new sections 205A to 205H do not limit other specified provisions. New section 205I does not limit regulations made under new section 434A(1)(a) excluding a beneficiary who is receiving a medical evidence benefit from requirements under new section 205A because all or any provisions specified in new section 205I(1)(a) to (j) apply to the beneficiary: new section 205I(2).

Clause 23 amends section 296, which is a guide to Part 6 (administration). New section 296(b) and (ba) indicates that Part 6 contains provisions about—

• discretionary reviews by MSD of a beneficiary’s past or current entitlement to a benefit or rate of benefit (see subpart 3 of Part 6):

• mandatory reviews by MSD of a beneficiary’s past or current entitlement to a specified benefit or rate of specified benefit (see new subpart 3A of Part 6).

Clause 24 amends section 298, which,—

• in section 298(1), requires MSD to inquire into every claim for a benefit made by, or on behalf of, an applicant for a benefit (subject to exceptions set out in section 298(2)); and

• in section 298(3), permits MSD to inquire into the circumstances of a person who has been receiving a benefit as those circumstances existed—

  • immediately before the benefit was granted; or

  • during the period or periods that the benefit was paid.

New section 298(4) ensures that section 298(3) does not limit specified provisions, including new subpart 3A of Part 6.

Clause 25 amends section 301 (MSD decides whether to grant benefit). New section 301(2) makes section 301(1) subject to specified sections that prevent MSD from granting specified benefits until MSD has received, from, or on behalf of, the applicant, a specified medical certificate or other specified medical evidence.

Clause 26 amends section 302 (immediate provisional grant, and later backdating of other benefit). New section 302(4) makes section 302 subject to specified sections that prevent MSD from granting specified benefits until MSD has received, from, or on behalf of, the applicant, a specified medical certificate or other specified medical evidence.

Clause 27 amends the subpart 3 heading in Part 6 to clarify that reviews under that subpart are discretionary reviews of entitlement to a benefit and of the rate of benefit payable. In contrast, reviews under new subpart 3A of Part 6 are mandatory reviews of entitlement to a benefit and of the rate of benefit payable.

Clause 28 repeals section 304(3) and (4) and the heading above section 304(3). They are repealed because they are re-enacted in new section 310AA. New section 310AA is equivalent to new section 310V in new subpart 3A of Part 6.

Clause 29 amends section 304A (grounds for review of whether person’s information share child support payment is or was their weekly income) as a consequence of new section 326 inserted by clause 33.

Clause 30 amends section 305 (information for review). New section 305(3) makes it clear that section 305 does not limit specified sections, including—

• specified medical evidence sections:

• new sections 205A to 205I:

• new subpart 3A of Part 6.

Clause 31 inserts new section 310AA (Part 7 gives rights to seek review or appeal against decision), which—

• re-enacts section 304(3) and (4), and the heading above section 304(3) (as repealed by clause 28); and

• is equivalent to new section 310V in new subpart 3A of Part 6.

Clause 33 amends section 325 (general rule if person’s entitlement to benefit ceases). Section 325(2) is amended to ensure that the general rule in section 325(1) about when a person’s entitlement to a benefit ceases is subject to modifications set out in new subpart 18 of Part 2 (effect of child turning 18 years old).

Clause 34 replaces section 326 to clarify the period for which MSD will continue to pay a benefit following the death of a beneficiary.

Clause 35 amends section 334, which sets out exceptions to the general rule in section 332 (that a beneficiary’s entitlement to a specified benefit ceases not later than, and the specified benefit expires on, the expiry date for that specified benefit). The exceptions in section 334 are for a specified benefit and are based on prescribed circumstances (as defined in section 334(5)). Section 334(4) is amended to ensure that section 334 does not limit any review under new section 310A.

Clause 36 amends section 363A.

Clause 37 amends section 418 (regulations: general). Section 418(1)(a) enables the making of regulations prescribing, for a provision’s purposes, of health practitioners acting within their scope of practice (see, in Schedule 2, the definition of prescribed health practitioner). The amendment adds, to section 418(1)(a), references to new provisions that mention prescribed health practitioners.

Clause 38 inserts new section 434A (regulations: factors affecting benefits: beneficiary’s duty to provide updated medical evidence). New section 434A enables the making of regulations for either or both of the following purposes:

• excluding a beneficiary who is receiving a medical evidence benefit from requirements under new section 205A (beneficiary required to provide updated medical evidence), for the purposes of new section 205A(1)(d):

• deferring compliance with requirements under new section 205A—

  • for the purposes of new section 205A(1)(e); and

  • under new section 205D(1).

Clause 39 amends section 438A (regulations: requirement regarding specified benefits). In general, the amendments align section 438A with new subpart 3A of Part 6. In particular, the amendments enable regulations under section 438A to—

• designate the kinds of benefit that are specified benefits for the purposes of new subpart 3A of Part 6:

• provide that a kind of benefit is designated to be a specified benefit for those purposes only if it meets prescribed conditions:

• prescribe circumstances for the exception under new section 310G(3) from the requirement for MSD to undertake and complete a review under new section 310A:

• provide that a specified benefit is excluded from an exemption under new section 310H:

• provide that a specified benefit is excluded from an extension under new section 310K(4).

Clause 40 amends section 439 (regulations: certain benefits granted, or granted at rate, not taking into account certain insurance payments). The amendments ensure that regulations can be made under section 439 for the purposes of new section 310U (certain specified benefits granted, or granted at rate, not taking into account certain insurance payments).

Clause 41 amends Schedule 2 (dictionary), which defines terms used in the Act. The amendments insert, or cross-reference, definitions for the purposes of, or in, new provisions inserted by the Bill.

Clause 42(1) amends clause 11 (interpretation) of Schedule 3 (income and liabilities) by replacing the definition of specified provision. As Schedule 2 makes clear, specified provision,—

• in relation to the use of automated electronic systems to make decisions, exercise powers, comply with obligations, and take related actions, is defined in section 363A(2) for the purposes of subpart 5A of Part 6; and

• in relation to a reference to income for a period,—

  • is defined in clause 11 of Schedule 3 for the purposes of clauses 12 to 14 of Schedule 3; and

  • is defined in clause 15C of Schedule 3 for the purposes of Part 3A of Schedule 3.

The new definition of specified provision covers (and gives examples of) any provision that is all or a part of any legislation that the responsible department (as defined in Schedule 2) administers (alone or jointly with other departments) by doing either or both of the following:

• leading advice to the Minister on its policy and effect, and on any proposed amendments to it:

• exercising or performing powers, duties, or functions under it.

Clause 42(2) amends clause 15A(3) of Schedule 3 as a consequence of new section 326 inserted by clause 34.

Clause 42(3) amends clause 15B(4)(a) of Schedule 3 as a consequence of new Part 3A of Part 6.

Clause 42(4) replaces clause 15H(1)(a) of Schedule 3 as a consequence of new section 326 inserted by clause 34.

Clauses 44 to 55 amend or replace provisions of the Regulations to make consistent references to medical certificates, align the Regulations with section 85 of the Act as amended by the Bill, and prescribe health practitioners for the purposes of specified provisions of the Act. Those clauses amend the following provisions:

• regulation 5, which is a guide to Part 2 (assistance):

• the subpart 2 heading (jobseeker support: certificates and medical examinations) in Part 2:

• regulation 8 (certificates: prescribed health practitioners):

• regulation 11 (certificates and medical examinations: prescribed health practitioners):

• regulation 34 (payment of childcare subsidy if caregiver not engaged in approved activity but has serious disability or illness):

• regulation 42 (payment of OSCAR subsidy if caregiver has serious disability or illness):

• the subpart 7 heading (child disability allowance: certificates and medical examinations) in Part 2:

• regulation 49 (child disability allowance: certificates and medical examinations: prescribed health practitioners):

• regulations 50 and 51 (child disability allowance: special categories of eligibility for the purposes of section 85(1)(b) of the Act, or for the purposes of section 85(1)(b) and (3) of the Act):

• regulation 52 (medical certificates and medical examinations: prescribed health practitioners):

• regulation 79 (procedure for deferral of work-test obligations).

Clause 56 amends regulation 108, which is a guide to Part 4 of the Regulations. New regulation 108(e) refers to new subpart 5 of Part 4 (inserted by clause 57).

Clause 57 inserts new subpart 5 of Part 4 (beneficiary required to provide updated medical evidence). New subpart 5 of Part 4 contains new regulation 137, which excludes a beneficiary who is receiving a medical evidence benefit from requirements under new section 205A of the Act, for the purposes of new section 205A(1)(d) of the Act.

Clause 58 amends regulation 165, which is a guide to Part 6 of the Regulations. New regulation 165(aa) refers to new subpart 1A of Part 6 (inserted by clause 59).

Clause 59 replaces subpart 1A of Part 6. New subpart 1A of Part 6 deals with mandatory reviews by MSD (under new subpart 3A of Part 6 of the Act) of a beneficiary’s past or current entitlement to, or the rate of, a specified benefit granted. New subpart 1A of Part 6 contains the following regulations:

• new regulation 176A, which designates the kinds of benefits that are specified benefits for the purposes of new subpart 3A of Part 6 of the Act:

• new regulation 176B, which states whether a specified benefit is a universal review benefit or an independent review benefit for the purposes of new subpart 3A of Part 6 of the Act:

• new regulation 176C, which states a review start deadline for a universal review benefit:

• new regulation 176D, which states a review start deadline for an independent review benefit:

• new regulation 176E, which states whether a specified benefit is a 3-year rule benefit for the purposes of new subpart 3A of Part 6 of the Act:

• new regulation 176F, which states whether a specified benefit is one to which new section 310P of the Act (supplementary benefit rule) applies (see new section 310P(1)(a) of the Act):

• new regulation 176G, which prescribes circumstances for the exception under new section 310G(3) of the Act from the requirement for MSD to undertake and complete a review under new section 310A of the Act:

• new regulation 176H, which excludes specified benefits stated in new regulation 176H(a) and (b) from an exemption under new section 310H of the Act:

• new regulation 176I, which excludes a specified benefit that is special benefit from an extension under new section 310K(4) of the Act.

Clause 61 amends Schedule 1, which contains transitional, savings, and related provisions, on 1 July 2026.

Clause 61(1) replaces clause 5(1) of Schedule 1. New clause 5(1) of Schedule 1 makes it clear that entitlement under clause 4 of Schedule 1 to the corresponding assistance, and the rate of benefit that is being or was paid, may be reviewed under—

• subpart 3 of Part 6:

• new subpart 3A of Part 6.

Clause 61(2) to (4) amends clause 55(2)(a), (5), and (5)(a) of Schedule 1 to include references to reviews under new subpart 3A of Part 6 of the Act.

Clause 61(5) inserts new Part 14 of Schedule 1 (set out in Schedule 1 of the Bill), which contains provisions relating to the amendments made by the Bill (except those that come into force on 4 September 2026 and 30 November 2026).

New Part 14 of Schedule 1 contains the following clauses:

• clause 115, which contains definitions for that Part:

• clause 116, which sets out the general rule that a new provision that commences on 1 July 2026 applies, on and after commencement, only to—

  • a benefit, or other assistance, granted before commencement; and

  • a benefit, or other assistance, granted at or after commencement:

• clauses 117 and 118, which set out the exception that new provisions that are mandatory review provisions apply to specified benefits only on and after the application dates set out in clause 117 (and that, until the new provisions apply to specified benefits, those specified benefits remain subject to the corresponding old provisions):

• clause 119, which ensures that reviews are not required under the corresponding old provisions for certain beneficiaries:

• clause 120, which authorises the making of regulations for transitional and savings purposes.

Clause 62 amends Schedule 1, which contains transitional, savings, and related provisions, on 4 September 2026.

Clause 62 inserts new Part 15 of Schedule 1 (set out in Schedule 2 of the Bill), which contains provisions relating to the amendments made by the Bill that come into force on 4 September 2026.

New Part 15 of Schedule 1 contains the following clauses:

• clause 121, which contains definitions, for that Part, of the terms C and C’s 18th birthday (see also new Part 18 of Part 2):

• clause 122, which ensures that new subpart 18 of Part 2, and the other new provisions, apply only if C’s 18th birthday occurs on or after 4 September 2026:

• clause 123, which ensures that corresponding old provisions continue to apply if C’s 18th birthday occurs before 4 September 2026.

Clause 63 amends Schedule 1, which contains transitional, savings, and related provisions, on 30 November 2026.

Clause 63 inserts new Part 17 of Schedule 1 (set out in Schedule 3 of the Bill), which contains provisions relating to the amendments made by the Bill that come into force on 30 November 2026.

New Part 17 of Schedule 1 contains the following clauses:

• clause 128, which contains definitions for the Part:

• clause 129, which sets out the general rule that a new provision that commences on 30 November 2026 applies, on and after commencement, only to—

  • a benefit, or other assistance, granted before commencement; and

  • a benefit, or other assistance, granted at or after commencement:

• clause 130, which relates to the application of the new provisions about updated medical evidence.