Reprint as at 20 December 2019
(LI 2019/27)
Patsy Reddy, Governor-General
At Wellington this 25th day of February 2019
Present:Her Excellency the Governor-General in Council
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 452 and 453 of the Social Security Act 2018 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.
This order is the Social Security (Rates of Benefits and Allowances) Order 2019.
(1)
This order comes into force on 1 April 2019.
(2)
Subclause (1) applies with the following exceptions:
clause 3 comes into force as stated in clause 3(2):
clause 4 comes into force as stated in clause 4(2):
clause 5 comes into force immediately after the commencement of clauses 3 and 4.
Order: confirmed, on 20 December 2019, by section 17 of the Subordinate Legislation Confirmation Act 2019 (2019 No 82).
In each provision of the Social Security Act 2018 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.
By virtue of section 453 of the Social Security Act 2018, this clause—
comes into force on 1 April 2019; and
applies to benefits (within the meaning of that Act) payable on and after that date.
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.
By virtue of section 15(6) of the New Zealand Superannuation and Retirement Income Act 2001, this clause—
applies to New Zealand superannuation payable on and after that date.
In each provision of the Social Security Act 2018 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.
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.
The Social Security (Rates of Benefits and Allowances) Order 2018 (LI 2018/19) is revoked.
cls 3, 4
cl 5
Michael Webster,Clerk of the Executive Council.
This order, which comes into force on 1 April 2019, 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 consumers price index (CPI) increase is required, it reflects the increase of 1.69% in the New Zealand Consumers Price Index from the December 2017 quarter to the December 2018 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 453 of the Social Security Act 2018 for the following benefits: jobseeker support, sole parent support, supported living payment, orphan’s benefit, unsupported child’s benefit, youth payment and young parent payment, former widows’ benefit, former domestic purpose benefit and the hospital rate. 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 of that Act) 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 of the Act is set out in Part 2 of Schedule 1.
The discretionary increases made under section 452 of the Social Security Act 2018 are in respect of—
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.
These increases are set out in clause 5 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 2020 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: 28 February 2019.
This is a reprint of the Social Security (Rates of Benefits and Allowances) Order 2019 that incorporates all the amendments to that order as at the date of the last amendment to it.
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.
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/.
Subordinate Legislation Confirmation Act 2019 (2019 No 82): section 17