Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 9 June 2020, are made under the Social Security Act 2018 (the Act). They amend regulation 179A of the Social Security Regulations 2018 (the principal regulations).
To address effects of COVID-19, regulation 179A(1) of the principal regulations exempts a benefit from a stand down if—
the applicant became entitled to receive it on or after 23 March 2020 and before 23 November 2020; and
the application for it was received on or after 23 March 2020 and before 23 November 2020.
A benefit exempted from a stand down by regulation 179A(1) commences under regulation 179A(2) or (3). The benefit commences under regulation 179A(2) only if the following 2 conditions are met:
the application for the benefit was received within 28 days after the date on which the applicant became entitled to receive it; and
the benefit is one listed in regulation 179A(2)(a) to (g).
If the benefit does not commence under regulation 179A(2), the benefit commences under regulation 179A(3).
New regulation 179(1A) restates, in a separate subclause, the current 2 conditions for when the benefit commences under regulation 179A(2).
New regulation 179A(2) ensures that the benefit commences not, as under regulation 179A(2), on the date on which the applicant became entitled to receive it, but instead on whichever of the following occurs later:
the date on which the applicant became entitled to receive it:
the day after the date on which the applicant’s employment ceased (as that term is defined, in relation to a person’s employment, by Schedule 2 of the Act and regulation 3(2) of the principal regulations).
New regulation 179A(3) ensures that the benefit commences not, as under regulation 179A(3), on the date on which the applicant became entitled to receive it or the date on which the application for it was received (whichever occurs later), but instead on whichever of the following occurs last:
the date on which the applicant became entitled to receive it:
the day after the date on which the applicant’s employment ceased (as that term is defined, in relation to a person’s employment, by Schedule 2 of the Act and regulation 3(2) of the principal regulations):
the date on which the application for it was received.
Regulation 179A as amended by these regulations is revoked on 23 November 2020 (see regulations 2(2) and 5 of the Social Security (Exemption from Stand Down—Coronavirus COVID-19) Amendment Regulations 2020).
Regulatory impact assessment
The Treasury has determined that these regulations are a direct COVID-19 response and has suspended the RIA requirements (in accordance with CAB-20-MIN-0138).
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 8 June 2020.
These regulations are administered by the Ministry of Social Development.