Social Security (Rates of Benefits and Allowances) Order 2018

  • revoked
  • Social Security (Rates of Benefits and Allowances) Order 2018: revoked, on 1 April 2019, by clause 6 of the Social Security (Rates of Benefits and Allowances) Order 2019 (LI 2019/27).

Reprint as at 1 April 2019

Coat of Arms of New Zealand

Social Security (Rates of Benefits and Allowances) Order 2018

(LI 2018/19)

Social Security (Rates of Benefits and Allowances) Order 2018: revoked, on 1 April 2019, by clause 6 of the Social Security (Rates of Benefits and Allowances) Order 2019 (LI 2019/27).

Patsy Reddy, Governor-General

Order in Council

At Wellington this 26th day of February 2018

Present:
The Right Hon Jacinda Ardern presiding in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the Ministry of Social Development.

This order is made under sections 61H and 61HA of the Social Security Act 1964 and sections 15 and 16 of the New Zealand Superannuation and Retirement Income Act 2001 on the advice and with the consent of the Executive Council.

Order

1 Title

This order is the Social Security (Rates of Benefits and Allowances) Order 2018.

2 Commencement

(1)

This order comes into force on 1 April 2018.

(2)

Subclause (1) applies with the following exceptions:

(a)

clause 5 comes into force as stated in clause 5(2):

(b)

clause 6 comes into force as stated in clause 6(2):

(c)

clause 7 comes into force immediately after the commencement of clauses 5 and 6.

Order: confirmed, on 19 December 2018, by section 12 of the Subordinate Legislation Confirmation Act (No 2) 2018 (2018 No 56).

3 Date from which certain provisions to have effect

In accordance with section 61H(2) (including as applied by section 61HA(6)) of the Social Security Act 1964, clauses 4, 5, and 7—

(a)

have effect from 1 April 2018 (that is to say, from the beginning of 1 April 2018); and

(b)

apply to amounts payable or applicable on or after 1 April 2018.

4 Discretionary increases under section 61H of Social Security Act 1964 to amounts of funeral grants

(1)

In the Social Security Act 1964, sections 61DB, 61DC, and 61DD, replace “$2,030.91” with “$2,058.52”.

(2)

The amendments made by subclause (1) apply, in accordance with section 61H(2) of the Social Security Act 1964, only in respect of persons who die on or after 1 April 2018.

5 Mandatory adjustments under section 61HA of Social Security Act 1964

(1)

In each provision of the Social Security Act 1964 listed in the first column of Part 1 of Schedule 1 of this order, replace, in each place, the amount set out opposite to that provision in the second column with the amount set out opposite to that provision in the third column.

(2)

By virtue of section 61HA(5) of the Social Security Act 1964, this clause—

(a)

comes into force on 1 April 2018; and

(b)

applies to benefits (within the meaning of that Act) payable on and after that date.

6 Mandatory adjustments under sections 15 and 16 of New Zealand Superannuation and Retirement Income Act 2001

(1)

In each provision of the New Zealand Superannuation and Retirement Income Act 2001 listed in the first column of Part 2 of Schedule 1 of this order, replace the amount set out opposite to that provision in the second column with the amount set out opposite to that provision in the third column.

(2)

By virtue of section 15(6) of the New Zealand Superannuation and Retirement Income Act 2001, this clause—

(a)

comes into force on 1 April 2018; and

(b)

applies to New Zealand superannuation payable on and after that date.

7 Other discretionary increases under section 61H of Social Security Act 1964

(1)

In each provision of the Social Security Act 1964 listed in the first column of Part 1 of Schedule 2 of this order, replace the amount set out opposite to that provision in the second column with the amount set out opposite to that provision in the third column.

(2)

In each provision of the New Zealand Superannuation and Retirement Income Act 2001 listed in the first column of Part 2 of Schedule 2 of this order, replace the amount set out opposite to that provision in the second column with the amount set out opposite to that provision in the third column.

8 Revocation

The Social Security (Rates of Benefits and Allowances) Order 2017 (LI 2017/30) is revoked.

Schedule 1 Mandatory adjustments

cls 5, 6

Part 1 Adjustments to social security benefits and allowances

Provision amendedOld amount ($)New amount ($)
Schedule 3 (rates of generally abolished former widows’ benefits under section 21 as saved by clause 3 of Schedule 32 for reciprocity agreement applicants or recipients)
Clause 1329.57334.05
Clause 2221.27224.28
Schedule 3A (rate of sole parent support)
Clause 1329.57334.05
Schedule 4 (maximum rates of orphans’ benefits and unsupported child’s benefits)
Clause 1(a)206.71209.52
Clause 1(b)189.07191.64
Clause 1(c)171.35173.68
Clause 1(d)147.65149.66
Schedule 6 (rates of supported living payment benefits)
Clause 1(a)214.88217.80
Clause 1(b)265.54269.15
Clause 1(c)374.10379.19
Clause 1(d)221.27224.28
Clause 1(d)(i)25.2825.62
Clause 1(d)(ii)12.6412.81
Clause 1(e)221.27224.28
25.2825.62
Clause 1(f)221.27224.28
25.2825.62
Clause 1(g)221.27224.28
25.2825.62
Clause 3(a)221.27224.28
Clause 3(b)246.55249.90
Schedule 9 (rates of jobseeker support)
Clause 1(aa)141.62143.55
Clause 1(a)177.03179.44
Clause 1(ab)221.27224.28
Clause 1(b)212.45215.34
Clause 1(ba)329.57334.05
Clause 1(c)329.57334.05
Clause 1(d)177.03179.44
Clause 1(d)(i)25.2825.62
Clause 1(d)(ii)12.6412.81
Clause 1(e)177.03179.44
25.2825.62
Clause 1(f)177.03179.44
25.2825.62
Clause 2177.03179.44
Clause 5177.03179.44
12.6412.81
Schedule 16 (rates of generally abolished former DPB for solo parents under section 27B as saved by clause 3 of Schedule 32 for reciprocity agreement applicants or recipients)
Clause 1329.57334.05
Clause 2221.27224.28
Schedule 22 (rates of benefits payable to long-term hospital patients)
Clause 143.9344.53
Schedule 26 (rates and component of youth payment and young parent payment, and criteria for incentive payments)
Clause 1177.03179.44
Clause 2166.90169.17
Clause 3329.57334.05
Clause 4177.03179.44
Clause 5177.03179.44
Clause 5(i)25.2825.62
Clause 5(ii)12.6412.81

Part 2 Adjustments to superannuation entitlements

Provision amendedOld amount ($)New amount ($)
Schedule 1 (New Zealand superannuation entitlements)
Clause 1(a)450.10456.45
Clause 1(b)413.60419.55
Clause 1(c)340.80345.75
Clause 2(b)645.56655.06

Schedule 2 Discretionary increases

cl 7

Part 1 Increases to social security asset limits, etc

Provision amendedOld amount ($)New amount ($)
Schedule 6 (rates of supported living payment benefits)
Clause 2351.27354.28
44.2744.87
Schedule 19 (rates of child disability allowance and disability allowance)
Clause 147.0047.64
Clause 262.3763.22
Clause 338.9039.43
Schedule 26 (rates and component of youth payment and young parent payment, and criteria for incentive payments)
Clause 10214.30217.22
264.30267.22
Clause 11214.30217.22
314.30317.22
Schedule 31 (asset and income limits that may be applied to certain assistance)
Clause 11,062.511,076.96
Clause 21,770.441,794.51
Clause 31,395.121,414.09
Clause 41,498.641,519.01
Clause 5485.32491.92
Clause 6557.78565.36
Clause 7810.15821.16
Clause 8676.84686.04
Clause 9713.09722.78
Clause 10524.48531.61
Clause 11635.99648.92
Clause 12944.49963.80
Clause 13731.47741.41
Clause 14770.66781.14

Part 2 Increases to superannuation entitlements

Provision amendedOld amount ($)New amount ($)
Schedule 1 (New Zealand superannuation entitlements)
Clause 1(a)456.45463.04
Clause 1(b)419.55425.55
Clause 1(c)345.75350.76
Clause 2(a)681.60701.52
Clause 2(b)655.06664.68
Clause 343.9344.53
Clause 438.9039.43

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 1 April 2018, increases a range of benefits, allowances, asset limits, and superannuation entitlements, etc. The increases reflect both mandatory adjustments and some additional discretionary increases. Where an annual CPI increase is required, it reflects the increase of 1.36% in the New Zealand Consumers Price Index from the December 2016 quarter to the December 2017 quarter, calculated for all quarters using the New Zealand Consumers Price Index (All Groups), excluding cigarettes and other tobacco products.

Annual CPI increases are required under section 61HA of the Social Security Act 1964 for the following benefits: former widows’, sole parent support, orphans’ and unsupported child’s, supported living payment, jobseeker support, former domestic purposes, the hospital rate, and youth payments and young parent payments. These increases are set out in Part 1 of Schedule 1.

Annual CPI increases are also required, under section 15 of the New Zealand Superannuation and Retirement Income Act 2001, to superannuation entitlements. Those increases may sometimes also be more than the CPI increase in order to meet the further requirements (in sections 15(3)(a) and (b) and 16) that the increases maintain a specified relationship to the net average wage and also maintain the proportional relationship of specified rates. The total of the increases required by both sections 15 and 16 is set out in Part 2 of Schedule 1.

The discretionary increases made under section 61H of the Social Security Act 1964 are in respect of—

  • funeral grants:

  • the income thresholds for a totally blind beneficiary to be eligible for an additional allowance:

  • the rates of child disability allowance and disability allowance:

  • the abatement rates and income limits for the youth payment and young parent payment:

  • various asset and income limits that may be applied to certain assistance.

The increases are set out in clauses 4 and 7 and Part 1 of Schedule 2.

Increases to superannuation entitlements, which build on the increases set out in Part 2 of Schedule 1, are also made, as the current practice is to ensure that the net married couple rate of New Zealand superannuation is set at a minimum of 66% of the net average wage. (The rates of New Zealand superannuation that are amended in all cases are the gross rates, but the increase has been calculated in relation to the net rate in each case. Single rates are increased consequentially in order to maintain the proportional relationship of rates.) These increases are set out in Part 2 of Schedule 2.

This order is a confirmable instrument, and an annual confirmable instrument, under section 47B of the Legislation Act 2012. It is revoked, or taken to have been invalid for past operation, at the close of 30 June 2019 unless earlier confirmed by an Act of Parliament. That stated time is the applicable deadline under section 47C(1)(a) of the Legislation Act 2012.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 1 March 2018.

Reprints notes
1 General

This is a reprint of the Social Security (Rates of Benefits and Allowances) Order 2018 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Social Security (Rates of Benefits and Allowances) Order 2019 (LI 2019/27): clause 6

Subordinate Legislation Confirmation Act (No 2) 2018 (2018 No 56): section 12