Social Security Act 2018

Public Act 2018 No 32

Date of assent 28 September 2018
Commencement see section 2

Contents
Page
1 Title 22
2 Commencement 22
Part 1
General provisions
3 Purpose of this Act 23
4 Principles 24
5 Guide to this Act 24
6 Definitions are in dictionary in Schedule 2 26
7 Minister may give MSD binding directions 26
8 Determinations person is single or in de facto relationship 27
9 Interpretation: references to old law, and using it as a guide 28
10 Comparative tables of old and new provisions 29
11 Transitional, savings, and related provisions 29
12 Act binds the Crown 29
13 Status of guides or outlines 30
14 Status of examples 30
Part 2
Assistance
Subpart 1—Introduction
15 What this Part does 33
16 Residential requirement 33
17 Rates 34
18 General limitation on receiving more than 1 benefit 35

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19 General limitation on receiving benefit: persons unlawfully 35

resident or present in New Zealand and persons holding temporary
entry class visa
Subpart 2—Jobseeker support
20 Jobseeker support: requirements 35
21 What is work gap 35
22 When person is available for work 36
23 Jobseeker support: age requirement 36
24 Jobseeker support: no or minimum income 36
25 Jobseeker support: discretionary grant on ground of hardship 36
26 Jobseeker support: ineligibility 37
27 Jobseeker support: on ground of health condition, injury, or 37
disability: application must include certificate
28 Jobseeker support: on ground of health condition, injury, or 38
disability: medical examination
Subpart 3—Sole parent support
29 Sole parent support: requirements 38
30 What is sole parent requirement 38
31 When dependent child may be regarded as applicant’s child 39
32 Sole parent support: situation of split care 39
33 Expiry of sole parent support, and replacement with jobseeker 40
support, when youngest dependent child turns 14 years old
Subpart 4—Supported living payment
Supported living payment on ground of restricted work capacity or
total blindness
34 Supported living payment: on ground of restricted work capacity 41
or total blindness: requirements
35 When person has restricted work capacity 41
36 Supported living payment: on ground of restricted work capacity 41
or total blindness: ineligibility
37 Supported living payment: on ground of restricted work capacity 42
or total blindness: medical examination
38 Supported living payment: on ground of restricted work capacity 42
or total blindness: payment not apportioned in specified cases
39 Supported living payment: on ground of restricted work capacity: 42
encouraging open employment
Supported living payment on ground of caring for another person
40 Supported living payment: on ground of caring for another person: 43
requirements
41 Supported living payment: on ground of caring for another person: 44
application must include certificate

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42 Supported living payment: on ground of caring for another person: 44

medical examination
Subpart 5—Orphan’s benefit
43 Orphan’s benefit: requirements 44
44 Who is eligible caregiver 45
45 Orphan’s benefit to be used for benefit of child 45
Subpart 6—Unsupported child’s benefit
46 Unsupported child’s benefit: requirements 45
47 Who is eligible caregiver 46
48 Unsupported child’s benefit to be used for benefit of child 46
Subpart 7—Youth payment
49 Youth payment: requirements 46
50 When person is study ready 46
51 Youth payment: no or minimum income 47
52 When person has parental support gap 47
53 Youth payment: discretionary grant on ground of hardship 47
54 Youth payment: continuation after turning 18 years old 48
55 Youth payment: incentive payments 48
Subpart 8—Young parent payment
56 Young parent payment: requirements 48
57 When person is study ready 49
58 Young parent payment: no or minimum income 49
59 When person has parental support gap 50
60 Young parent payment: discretionary grant on ground of hardship 50
61 Young parent payment: continuation after turning 20 years old 50
62 Young parent payment: incentive payments 51
Subpart 9—Emergency benefit
63 Emergency benefit: discretionary grant on ground of hardship 51
64 Emergency benefit: grant during epidemic in New Zealand 52
Subpart 10—Accommodation supplement
65 Accommodation supplement: discretionary grant 52
66 Social housing exclusion 53
67 Other funding exclusion 54
68 Accommodation supplement: special rules for joint tenants who 54
are in relationship
69 Accommodation supplement: refusal, reduction, or cancellation of 55
grant in certain circumstances
Subpart 11—Winter energy payment
70 Winter energy payment: purpose 56
71 Winter energy payment: interpretation 56

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72 Winter energy payment: requirements 56

73 Winter energy payment: election not to receive 57
74 Winter energy payment: instalments, rates, and payment 57
75 Winter energy payment: termination on review 58
Subpart 12—Childcare assistance
76 Childcare assistance: purpose 58
77 Childcare assistance: eligibility 58
Subpart 13—Child disability allowance
78 Child disability allowance: discretionary grant 59
79 Meaning of child with a serious disability 59
80 Child disability allowance: MSD may require medical certificate 59
81 Child disability allowance: MSD may require medical examination 60
82 Child disability allowance: payment 60
83 Child disability allowance: not payable with other assistance or 60
pension
Subpart 14—Disability allowance
84 Meaning of disability 60
85 Disability allowance: discretionary grant 60
86 Disability allowance: excluded expenses 61
87 Disability allowance: refusal, reduction, or cancellation of grant in 62
certain circumstances
88 Disability allowance: medical examination 62
89 Special disability allowance: entitlement in special circumstances 62
Subpart 15—Funeral grants
90 Funeral grant: general eligibility and definitions 63
91 Funeral grant: eligibility if deceased person has dependants 64
92 Funeral grant: eligibility if deceased person has no dependants 64
93 Funeral grant: eligibility if deceased person is child 64
94 Funeral grant: restrictions on payment 65
Subpart 16—Hardship assistance
95 Temporary additional support: purpose 65
96 Temporary additional support: requirements 65
97 Temporary additional support: refusal, reduction, or cancellation of 66
grant in certain circumstances
98 Interpretation 66
Subpart 17—Special assistance
99 Overseas epidemics affecting visitors to New Zealand: Minister 67
may give overseas epidemic management notice
100 Special assistance for visitors affected by overseas epidemics 67
101 Approved special assistance programmes 68
102 Special assistance: status of, and access to, notices 68

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Subpart 18—Extended payment of benefits for children aged

18 years or over who continue education
103 Provisions relating to children aged 18 years or over who continue 69
education
Part 3
Obligations
Subpart 1—Introduction
Guide to this Part
104 What this Part does 73
105 Failure to comply with obligation under this Part 73
Subpart 2—MSD’s obligations
Steps to make people affected aware of their obligations, etc
106 MSD must make people affected aware of their obligations, 73
consequences of non-compliance, and their review and appeal
rights
Steps to explain overseas absence rules
107 MSD must explain rules relating to absence from New Zealand 74
Steps to assist compliance with overseas pensions obligations
108 MSD must assist in relation to obtaining overseas pension, etc 74
Subpart 3—Beneficiaries’ obligations
Beneficiaries: general and specific obligations
109 Outline of beneficiary’s general and specific obligations 74
110 When obligations apply 75
General obligations: holding, and giving details of, bank account
111 Beneficiary must hold, and give MSD details of, bank account 75
General obligations: supplying tax file number
112 Beneficiary must supply tax file number 76
General obligations: notification of change of circumstances
113 Beneficiary must notify change of circumstances 76
Specific obligations: notification of absence from New Zealand
114 Obligation to notify absence from New Zealand 77
Specific obligations: work ability assessment
115 Obligation to undergo work ability assessment 77
116 Persons subject to work ability assessment 77
117 Persons not subject to work ability assessment 77
118 Work ability assessment 78

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119 Person who fails to comply with requirement to undergo work 78

ability assessment is subject to sanction
Specific obligations: work preparation
120 Work-preparation obligations 79
121 Persons subject to work-preparation obligations 79
122 Persons not subject to work-preparation obligations 80
123 Persons subject to work-preparation obligations if sufficient 80
capacity to comply
124 General obligation to take all steps to prepare for employment 80
125 Work-preparation obligations as required by MSD 80
126 Person who fails to comply with work-preparation obligation 81
subject to sanction
Specific obligations: social obligations
in relation to dependent children
127 Obligations in relation to dependent children 81
128 Obligations of beneficiary in relation to dependent children 81
129 Obligations of spouse or partner of beneficiary in relation to 81
dependent children of beneficiary
130 Obligations of spouse or partner of beneficiary in relation to 82
dependent children of spouse or partner
131 Attendance of dependent child aged 3 to 5 years at early childhood 82
education programme
132 Attendance of dependent child aged 5 or 6 years at early childhood 82
education programme or registered school
133 Attendance of dependent child aged 6 to 15 years at registered 83
school
134 Health care enrolment and compliance with core health checks 83
135 Interviews and reporting 83
136 Person who fails to comply with obligations in relation to 84
dependent children is subject to sanction
137 Definitions and attendance: regulations made under section 430 84
Specific obligations: work-test obligations
138 Work-test obligations 84
139 Purpose of sections 140 to 154 84
140 Persons subject to work-test obligations 85
141 Jobseeker support: work capacity determination and work test 85
142 Person not subject to work-test obligations 86
143 Time when work-test obligation applies 86
144 General obligation to be available for suitable employment, etc 87
145 Meaning of suitable employment 87
146 Work-test obligations as required by MSD 87
147 Obligation to undertake and pass drug test 88
148 Compliant drug test defined 88

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149 Failing drug test 89

150 Use of drug test result 89
151 Costs of drug test 89
152 Definitions for drug-testing provisions 89
153 Person who fails to comply with work-test obligations is subject to 90
sanction
154 Deemed failure to comply with work-test obligation 91
Deferral of work-test obligations
155 Deferral of work-test obligations 91
156 Effect of deferral of work-test obligations 91
Exemptions: work-preparation, work-test, and other obligations
157 Regulations may specify categories of exempt persons and grounds 91
for exemption
158 MSD may grant exemption from work-preparation, work-test, or 92
other obligation
159 Donors of qualifying organs exempt from work-preparation, work- 92
test, or other obligation while recuperating
160 Procedure for grant of exemption 92
161 Person who fails to comply with requirement to attend interview is 92
subject to sanction
Specific obligations: young person granted youth support payment
162 Obligations of young person granted youth support payment 93
163 When education obligation or training obligation begins for young 94
parent
Specific obligations: social obligations of young person granted
young parent payment
164 Obligations of young person granted young parent payment 95
Specific obligations: young person aged 18 or 19 years who is
receiving jobseeker support and who is at significant risk of long-
term welfare dependency
165 Young person aged 18 or 19 years who is receiving jobseeker 95
support in young person’s own right and who is at significant risk
of long-term welfare dependency
Obligations of, and incentives for, young person who is
spouse or partner of beneficiary
166 Young person aged 16 or 17 years who has no dependent child and 97
who is spouse or partner of specified beneficiary
167 Young person aged 16 to 19 years who has dependent child and 98
who is spouse or partner of specified beneficiary

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168 Young person aged 18 or 19 years, who is receiving jobseeker 100

support as spouse or partner of person granted that benefit, or who
is work-tested spouse or partner of specified beneficiary, and who
is at significant risk of long-term welfare dependency
169 Interpretation 101
Specific obligations: obligation to
work with contracted service providers
170 Obligation to work with contracted service providers 102
171 Person who fails to comply with requirement under section 170(2) 102
subject to sanction
General obligations: obligations in relation to overseas pensions
172 Interpretation 103
173 Applicant for benefit, etc, to take reasonable steps to obtain 103
overseas pension
174 MSD may give notice requiring person to take reasonable steps to 103
obtain overseas pension
175 MSD may give notice requiring person to take reasonable steps to 104
obtain overseas pension for dependant
176 Failure to comply with MSD’s notice given under section 178 or 104
179
177 Applicant for benefit must provide information as to rate of 104
overseas pension
178 MSD may give notice requiring beneficiary to provide information 105
as to rate of overseas pension
179 Failure to comply with MSD’s notice given under section 178 105
180 Meaning of rate 105
Miscellaneous
181 Application of health and safety legislation, etc 106
182 Obligations suspended where MSD has exercised discretion to pay 106
benefit while beneficiary overseas
Part 4
Factors affecting benefits
Subpart 1—Guide to this Part
183 What this Part does 109
Subpart 2—Factors affecting benefits
Factors affecting benefits: pre-benefit activities
184 Regulations may prescribe pre-benefit activities 110
185 MSD must explain requirements 110
Factors affecting benefits: insurance recovery
186 Benefit may be subject to repayment of insurance payment 110

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Factors reducing benefits: entitlement to overseas pensions

187 Interpretation 110
188 Persons affected by receipt of overseas pension 111
189 Benefit of person affected is reduced by amount of overseas 112
pension
190 MSD may enter into arrangement with person affected by receipt 112
of overseas pension
191 Treatment of certain overseas benefits, pensions, and allowances 112
that are not overseas pensions
Factors reducing benefits: failure to assist child support
192 MSD must reduce rates of benefits for sole parents for failure to 113
assist child support
193 No reduction in certain cases 114
194 Additional reduction in certain cases 114
Factors affecting eligibility for benefit: shared care of
dependent child
195 Shared care of dependent child 114
196 Rules for assessing which parent has greater responsibility for 115
dependent child
Factors reducing benefits: compensation or damages
197 Effect of compensation or damages on application for benefit 115
198 Loss of earnings compensation under Accident Compensation Act 116
2001
Factors affecting benefit: veteran’s entitlement
199 Veteran’s entitlement excludes any other benefit 117
200 Exceptions to rule that veteran’s entitlement excludes any other 117
benefit
Factors affecting benefit: personal benefit excludes
benefit on behalf
201 Personal benefit of spouse or partner excludes benefit on behalf of 118
spouse or partner
Factors affecting benefit: maintenance claim
202 MSD may refuse or cancel benefit for failure to take reasonable 118
steps to obtain maintenance
Factors affecting benefit: family protection claim
203 MSD may refuse or cancel benefit if family protection claim not 118
pursued

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Factors affecting benefit: person not ordinarily resident

in New Zealand
204 MSD may refuse or cancel benefit if person not ordinarily resident 119
in New Zealand
Factors affecting benefit: refugee or protected person status
205 Refugee or protected person status 119
Factors affecting benefit: hospitalisation
206 Hospitalisation 120
207 Benefit of spouse or partner increased after 13th week of 120
hospitalisation
Factors affecting benefit: alcohol and drug treatment
208 Beneficiary resident in institution for treatment of alcoholism or 121
drug addiction
Factors affecting benefit: issue of warrant for beneficiary’s arrest
209 Benefit not payable to person who is subject to warrant of arrest 121
210 Beneficiary and offence defined for section 209 122
211 MSD must give beneficiary notice of unresolved warrant 122
212 Requirements for unresolved warrant notice 122
213 Immediate suspension of benefit at request of New Zealand Police 122
214 Beneficiary and offence defined for section 213 123
215 MSD must give beneficiary notice of immediate suspension 123
216 Effect of non-payment or suspension of benefit 123
Factors affecting benefit: custody in prison or on remand
217 Benefit not payable during custody in prison or on remand 124
218 Exceptions to rule that benefit not payable during custody in prison 124
or on remand
Factors affecting benefit: absence from New Zealand
219 General rule: benefit not payable while beneficiary absent from 125
New Zealand
220 Special absence rule: winter energy payment 125
Factors affecting benefit: additional dependent child
221 Purpose of sections 222 to 224 126
222 Additional dependent child must not be taken into account in 126
certain cases
223 Extended application of additional dependent child rules 127
224 Limited application of additional dependent child rules 127
Factors affecting benefit: voluntary unemployment or
loss of employment through misconduct, etc
225 Basic rule: no work-tested benefit for 13 weeks after leaving 128
employment or scheme or loss of employment due to misconduct

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226 Persons to whom basic rule applies 128

227 What happens if basic rule applies 128
228 MSD’s options in case of misconduct 129
229 Interpretation 129
Factors affecting benefits: non-entitlement period, stand down, or
100% suspension of benefit
230 How non-entitlement period, etc, affects supplementary benefits, 129
and spouse or partner
Part 5
Enforcement: sanctions and offences
Subpart 1—Guide to this Part
231 What this Part does 133
Subpart 2—Sanctions for breach of
obligations other than young person or young parent obligations
Types of sanction
232 Sanctions for failure to comply with certain obligations under this 133
Act
233 Obligations that carry sanction for failure to comply 134
Hierarchy of sanctions
234 Hierarchy of sanctions 134
235 Failure, and first, second, and third failure, defined for obligations 134
other than young person or young parent obligations
236 Sanction for first failure: reduction in main benefit 135
237 Sanction for second failure: suspension of main benefit 135
238 Sanction for third failure: cancellation of main benefit 135
239 Reduction or suspension of reduced benefit 135
How number of failures is counted
240 Failures that can be counted 136
241 Meaning of continuous payment 136
242 Failures that cannot be counted 137
Special cases: variations on ordinary sanctions rules
243 Exclusion of sanction if failure is subject of prosecution under 137
Education Act 1989
244 Variation for failure to comply with work-test obligation to accept 137
offer of suitable employment
245 Variation for breach of work-test obligation by 1 spouse or partner 137
246 Variation for breach of work-test obligation by both partners or 138
spouses

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247 Variation for suspension or cancellation of benefit or non- 138

entitlement period affecting couple with 1 or more dependent
children
248 Variation for suspension or cancellation of main benefit or non- 139
entitlement period affecting sole parent
Good and sufficient reason for non-compliance
249 Good and sufficient reason for non-compliance: default by MSD 139
250 Good and sufficient reason for failure to comply with drug-testing 139
obligation
251 Good and sufficient reason for failure to supervise dependent child 140
Procedure for imposing sanction
252 MSD must give notice of sanction 140
253 Notice relates to single failure 141
254 How notice of sanction may be given 141
255 Breach of obligation in relation to dependent children: additional 141
steps before notice may be given
256 When reduction, suspension, or cancellation of benefit takes effect 142
Evidential drug test
257 Request for evidential drug test if sanction imposed for failing 142
screening drug test
258 Effect of request for evidential drug test 142
259 Effect of failure of evidential drug test 143
260 Costs of evidential drug test 143
Recompliance
261 How person recomplies after failure to comply with obligation 143
262 Impossibility of remedying failure of work-test obligation 144
263 How person recomplies after failure to comply with drug-testing 144
obligation
264 Drug testing for purposes of recompliance 144
265 Failure of drug test for purposes of recompliance constitutes third 145
failure
266 Costs of drug testing for purposes of recompliance 145
Miscellaneous
267 Case management support for beneficiary in breach of obligation 145
in relation to dependent children
Subpart 3—Sanctions for breach of
young person or young parent obligations
Interpretation
268 Failure, and first, second, and third failure, defined for young 145
person or young parent obligations

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Sanctions: young person obligations

269 Sanction for failure to comply with young person obligation 146
270 Sanction for first or second failure: suspension of in-hand 147
allowance and incentive payments
271 Sanction for third failure: cancellation of youth payment and 147
incentive payments
272 Effect of cancellation of youth payment on accommodation 147
supplement or temporary additional support
273 Effect of cancellation of youth payment on emergency benefit 148
274 Effect of cancellation of youth payment on disability allowance or 148
child disability allowance
275 Sanctions for failure by young person required to receive youth 148
services to comply with obligations: money management
276 Sanctions for failure by young person required to receive youth 149
services to comply with obligations: other cases
277 Sanctions for failure by young spouse or partner of specified 150
beneficiary to comply with obligations: money management
278 Sanctions for failure by young spouse or partner of specified 150
beneficiary to comply with obligations: other cases
Sanctions: young parent obligations
279 Sanction for failure to comply with young parent obligation 151
280 Sanction for first or second failure: suspension of in-hand 151
allowance and incentive payments
281 Sanction for third failure: cancellation of young parent payment 151
and incentive payments
282 Effect of cancellation of young parent payment 151
283 Effect of cancellation of young parent payment on accommodation 152
supplement or temporary additional support
284 Effect of cancellation of young parent payment on emergency 153
benefit
285 Effect of cancellation of young parent payment on disability 153
allowance or child disability allowance
How obligation satisfied
286 How young person satisfies obligation after failure to comply 153
Procedure
287 Procedure for imposing sanctions for failure to comply with young 153
person or young parent obligation
Incentive payments
288 Effect of regrant of youth payment on incentive payment 153
289 MSD may cancel incentive payment 154

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Subpart 4—Offences
290 Offences: false statements, misleading, or attempting to mislead, to 154
receive or continue to receive benefits
291 Offences: spouse or partner knowingly benefiting from excess 155
amount obtained by beneficiary’s fraud
292 Offence of demanding or accepting fee or other consideration in 156
relation to grant of benefit
293 Offence of demanding or accepting acknowledgement or 156
undertaking
294 General penalty for offences 157
295 Time for filing charging document 157
Part 6
Administration
Subpart 1—Guide to this Part
296 What this Part does 161
Subpart 2—Application, inquiry, and grant
Application
297 Application for benefit: making of, help with, lapse, and deemed 162
receipt
Inquiry
298 MSD must inquire into claim for benefit 162
299 Exception during epidemic 162
300 Information gathering, disclosure, and matching 163
Grant
301 MSD decides whether to grant benefit 163
302 Immediate provisional grant, and later backdating of other benefit 163
303 After death of applicant 164
Subpart 3—Review of entitlement to, or rate of, benefit granted
304 Review of entitlement and rate payable 164
305 Information for review 164
306 No entitlement, or entitlement only at different rate 165
307 Benefit on another eligibility ground more appropriate 165
308 Another benefit more appropriate 165
309 Termination of winter energy payment 165
310 Certain benefits granted, or granted at rate, not taking into account 166
certain insurance payments
Subpart 4—Commencement, stand downs, ending, and
expiry and regrant
Commencement of benefits
311 General 166

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312 If applicant paid, but claim fails for, ACC weekly compensation 166
313 Benefits subject to stand down 167
314 Work-tested benefit of applicant subject to non-entitlement period 167
315 Exemptions from stand down, and when certain benefits 168
commence
316 Start and calculation of stand-down period 168
317 Minister may consent to backdating 169
318 No consent unless benefit not granted earlier because of error 169
319 Commencement of winter energy payment 170
Restoration of entitlement after suspension, reduction,
cancellation, or non-entitlement
320 Effect of no longer being subject to work-test or young person 170
obligations
321 Effect of no longer being subject to dependent children obligations 171
322 Effect of no longer being subject to work-preparation obligations 171
323 Effect of employment on non-entitlement period 171
324 Effect of participation in certain activities on non-entitlement 171
period
Ending of benefits
325 General rule if person’s entitlement to benefit ceases 172
326 After death of beneficiary receiving specified benefit 173
327 Benefits payable to sole parent who stops caring for dependent 173
child due to sudden and uncontrollable circumstances
328 Supported living payment payable to beneficiary who stops caring 173
for another person
329 If child ceases to be entitled to orphan’s benefit or unsupported 174
child’s benefit
330 Supported living payment on ground of restricted work capacity or 174
total blindness and cancelled on medical grounds
Expiry and regrant of specified benefits
331 Expiry date, and specified benefit, defined 174
332 General rule 175
333 Exception for specified benefit expiring in week of or before 175
26 December
334 Exemptions 175
335 MSD must notify or advise beneficiary 175
336 Requirements for regrant 176
Subpart 5—Payment of benefits, tax on benefits, debts and
deductions
Payment of benefits
337 How benefits are paid 176
338 Weekly instalments 176

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339 Payment generally to, or on account of, beneficiary personally 177

340 Required manner of payment: general 178
341 Required manner of payment: money management for certain 178
payments to young people
342 Money management for certain payments to young people: 179
exception if young person meets prescribed criteria for managing
own payments
343 Review and appeal of specified determinations made by MSD 179
under regulations
344 Young person beneficiaries may elect money management 179
345 Credit on payment card, etc, at end of money management 180
346 Required manner of payment: payment on death of beneficiary 180
347 Advance payment of instalments of benefit 180
348 Requirement for beneficiary, spouse or partner, or both, to 181
undertake budgeting activity
Tax on benefits
349 Interpretation 181
350 MSD may pay tax on income-tested benefit other than by tax 182
deduction from source deduction payment
351 Status of amount for income tax paid by MSD 182
352 Recovery amount paid in excess of amount properly payable 183
Debts and deductions
353 Debts and deductions 183
354 Recovery of penalty from beneficiary who obtains by fraud 183
amount in excess of entitlement
355 Restriction on imposing penalty under section 354: prosecution for 184
offence
356 Restriction on imposing penalty under section 354: notice and 184
period to respond
357 Restriction on recovering penalty under section 354: decision to be 184
final
358 Recovery from spouse or partner who misleads MSD of excess 185
amount beneficiary obtained
359 Recovery from spouse or partner of apportioned excess amount 185
beneficiary obtained by fraud
360 Obtaining amount by fraud: meaning and proof 186
361 Recovery from spouse or partner of unapportioned excess amount 186
beneficiary obtained by fraud
362 MSD’s duty to recover debts 187
363 Duty unaffected by law on mistaken payments 187

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Subpart 6—Notices and communications, services, and preferred

suppliers
Notices and communications
364 Ways MSD or person can meet requirement to give notice or other 188
document
Young people services
365 Services to encourage young people to move to and remain in 188
education, training, and employment
Goods or services, for beneficiaries or others, supplied by
preferred suppliers
366 Preferred suppliers: contracts 188
367 Preferred suppliers: determinations 189
368 Preferred suppliers: paying them disability allowance, special 189
assistance, or advance payment
369 Preferred suppliers: paying them disability allowance: exception if 190
total benefit payments less than amount required
370 Preferred suppliers: paying them disability allowance: exception if 191
allowance granted at maximum rate
371 Preferred suppliers: no appeal lies against MSD decisions 191
372 Preferred suppliers: transitional or savings provisions directions 191
Administration services provided by contracted service providers
373 Administration service providers: contracts 192
374 Administration service providers: contents and form of contracts 193
375 Administration service providers: adoption of existing contracts 193
376 Administration service providers: MSD to ensure information 193
published
377 Conduct of provider of services in relation to young people to be 194
treated for specified purposes as if MSD’s conduct
378 MSD may assign contracted service provider to young person 194
Medical services
379 Minister determines rates and conditions of employment and 194
payment
Subpart 7—Reciprocity agreements with other countries
Orders
380 Orders adopting reciprocity agreements 195
381 Privacy report for orders adopting agreements with mutual 196
assistance provisions
382 Interpretation 196
Agreements
383 Inclusion of mutual assistance provisions in reciprocity agreements 197

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Debt recovery and information exchange

384 MSD may use mutual assistance provisions to recover debts 197
385 MSD may use mutual assistance provisions to exchange 198
information
Adverse action arising from discrepancy
386 Adverse action against individual if discrepancy shown by 198
information from other country
Subpart 8—Prosecutions and debt-recovery proceedings, and
maintenance proceedings
387 Prosecutions and debt recovery proceedings: representation and 199
fees
388 Payment of benefit does not affect right to maintenance 199
389 Maintenance proceedings 200
Part 7
Reviews and appeals
Subpart 1—Guide to this Part
390 What this Part does 202
Subpart 2—Reviews by benefits review committee
Rights of review
391 Right to seek review of specified decision of MSD made under 202
delegation
392 Application must be made within 3 months after date of 204
notification or further period allowed
Committee
393 Benefits review committee 205
Procedure
394 How to begin, and procedure and powers for, review by benefits 205
review committee
Subpart 3—Appeals to appeal authority
Restrictions on appeals
395 Appeals only against decision confirmed or varied by benefits 206
review committee or made by chief executive personally
396 Authority cannot hear and determine certain appeals on medical or 206
capacity grounds
Rights of appeal
397 Decision under specified social assistance enactments 206
398 Decision under reciprocity agreements 207
399 Decision to recover excess amount 207

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400 Appeal must be begun within 3 months of notification or further 209

allowed period
Appeal authority
401 Social security appeal authority 210
402 Act does not affect appeals to authority under other enactments 210
Procedure
403 How to begin, and procedure and powers for, appeal to authority 211
404 Notice, and carrying into effect, of decision 211
Subpart 4—Appeals to courts
Appeals to High Court
405 Right of appeal using case stated on question of law only 211
406 Appeal must be begun, and case stated lodged, within time 212
prescribed or allowed
407 How to begin, and procedure for, appeal to High Court 213
408 Orders, etc, on successful appeal 213
Appeals to Court of Appeal
409 Appeal, with Court of Appeal’s leave, against 213
High Court’s determination
Appeals to Supreme Court
410 Appeal, with Supreme Court’s leave, against High Court’s or Court 213
of Appeal’s determination
Subpart 5—Appeals to medical board
Right of appeal
411 Right of appeal on medical grounds 214
412 Appeal must be begun within 3 months of notification or further 216
allowed period
Board
413 Board 216
Procedure
414 How to apply, and procedure and powers, for appeal to board 216
415 Notice of, and carrying into effect, board’s decision 217
Part 8
Other provisions
Guide to this Part
416 What this Part does 219
Benefits to be inalienable
417 Benefits cannot, in general, be assigned or charged, or pass by 219
operation of law

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Regulations
418 Regulations: general 219
419 Regulations: general powers not limited by special powers 221
420 Regulations: effect of duties or powers to give directions 221
421 Regulations: residential requirement 221
422 Regulations: income exemptions 221
423 Regulations: accommodation supplement 222
424 Regulations: childcare assistance 222
425 Regulations: disability allowance: special categories of eligibility 224
426 Regulations: use of disability allowance to fund specified expenses 224
427 Regulations: funeral grants: amounts and methods of payment 225
428 Regulations: temporary additional support 226
429 Regulations: participation allowance for people participating in 227
activities
430 Regulations: specific obligations: obligations in relation to 227
dependent children: definitions and attendance
431 Regulations: specific obligations: work-test obligations, and 228
deferrals of, or exemptions from, specified obligations
432 Regulations: factors affecting benefits: pre-benefit activities 230
433 Regulations: factors affecting benefits: insurance recovery 231
434 Regulations: factors affecting benefits: overseas pensions 231
435 Regulations: factors affecting benefits: issue of warrant to arrest 233
beneficiary
436 Regulations: factors affecting benefits: absence from New Zealand 233
437 Regulations: issue and use of entitlement cards 234
438 Regulations: application for benefit: making of, help with, lapse, 236
and deemed receipt
439 Regulations: certain benefits granted, or granted at rate, not taking 237
into account certain insurance payments
440 Regulations: exemptions from, and calculation of, stand down 237
441 Regulations: expiry and regrant of specified benefits 238
442 Regulations: payments 239
443 Regulations: payments during epidemic in New Zealand 240
444 Regulations: debts and deductions 241
445 Regulations: further provisions on deductions 242
446 Regulations: advance payment of instalments of benefit 244
447 Regulations: budgeting activities due to application for advance 244
payment of instalments of benefit
448 Regulations: remittance or suspension of debt 244
449 Regulations: ways MSD or person can meet requirement to give 245
notice or other document
450 Regulations: reciprocity agreements with mutual assistance 245
provisions, and adverse action if discrepancy shown by
information from other country

20
2018 No 32 Social Security Act 2018

451 Regulations: how to begin, and procedure and powers for, review 246
or appeal
Orders adjusting rates of benefits, etc
452 Orders in Council: discretionary increases in rates of benefits, etc 247
453 Orders in Council: mandatory annual CPI adjustment of rates of 249
certain benefits
Confirmable instruments
454 Certain orders are confirmable instruments 250
Repeals and revocations
455 Social Security Act 1964 repealed 250
456 Social Welfare (Reciprocity Agreements, and New Zealand 251
Artificial Limb Service) Act 1990 repealed
457 Department of Social Welfare Act 1971 repealed 251
458 Employment Services and Income Support (Integrated 251
Administration) Act 1998 repealed
Consequential amendments
459 Other enactments amended consequentially 251
Schedule 1 252
Transitional, savings, and related provisions
Schedule 2 279
Dictionary
Schedule 3 303
Income and liabilities
Schedule 4 315
Rates of benefits
Schedule 5 330
Asset and income limits
Schedule 6 331
Information gathering, disclosure, and matching
Schedule 7 346
Benefits review committees
Schedule 8 348
Appeal authority
Schedule 9 352
Medical board
Schedule 10 354
Consequential amendments
Schedule 11 389
Identified changes in legislation

21
s1 Social Security Act 2018 2018 No 32

Schedule 12 393
Comparative tables of old and rewritten provisions

The Parliament of New Zealand enacts as follows:

1 Title
This Act is the Social Security Act 2018.

2 Commencement
(1) This Act comes into force on 26 November 2018.
(2) However, the following specified provisions come into force on the day after
the date on which this Act receives the Royal assent:
(a) section 7 (directions):
(b) sections 99 to 102 (notices):
(c) section 372 (directions):
(d) section 380 (orders):
(e) sections 418 to 454 (regulations, directions, notices, and orders):
(f) clause 54 of Schedule 1 (orders):
(g) clause 68 of Schedule 1 (regulations):
(h) clauses 15 and 17 of Schedule 3 (rules):
(i) clauses 10(3) and 18 of Schedule 6 (regulations and orders).
(3) A power that is conferred by those specified provisions, and that is exercised
on or after the day after the date on which this Act receives the Royal assent
and before 26 November 2018, may be exercised only with effect on or after
26 November 2018.
(4) If subsections (2) and (3) are to be, or have been, relied on to exercise
a power,—
(a) all other enactments relevant to the power’s exercise, and that have not
yet commenced, must be treated as if they had commenced; and
(b) a legal position that would be conferred or imposed by an enactment
relevant to the power’s exercise, and that has not yet commenced, must
be treated as if it has accrued or been imposed.
(5) This section does not affect the application of the Interpretation Act 1999 to
this Act.
(6) However, the following specified provisions (which relate to 2016 youth ser-
vices amendments) come into force on a date that is, or is after, 26 Novem-
ber 2018, and is appointed by the Governor-General by Order in Council:
(a) sections 109(2)(h) and (j), 165, 168, 275, and 276:
(b) the cross-heading above section 165:

22
2018 No 32 Social Security Act 2018 Part 1 s 3

(c) paragraph (c) of the definition of young person obligation in section

268:
(d) section 431(1)(e)(v):
(e) clauses 69 to 76 of Schedule 1.
(7) One or more orders may be made under subsection (6) bringing different provi-
sions into force on different dates.
Compare: 1999 No 85 s 11

Part 1
General provisions
Contents
Page
3 Purpose of this Act 23
4 Principles 24
5 Guide to this Act 24
6 Definitions are in dictionary in Schedule 2 26
7 Minister may give MSD binding directions 26
8 Determinations person is single or in de facto relationship 27
9 Interpretation: references to old law, and using it as a guide 28
10 Comparative tables of old and new provisions 29
11 Transitional, savings, and related provisions 29
12 Act binds the Crown 29
13 Status of guides or outlines 30
14 Status of examples 30

3 Purpose of this Act

The purpose of this Act is—
(a) to enable the provision of financial and other support as appropriate—
(i) to help people to support themselves and their dependants while
not in paid employment; and
(ii) to help people to find or retain paid employment; and
(iii) to help people for whom work is not currently appropriate—
because of sickness, injury, disability, or caring responsibilities—
to support themselves and their dependants:
(b) to enable in certain circumstances the provision of financial support to
people to help alleviate hardship:
(c) to ensure that the financial support referred to in paragraphs (a) and (b)
is provided to people taking into account—

23
Part 1 s 4 Social Security Act 2018 2018 No 32

(i) that, where appropriate, they should use the resources available to
them before seeking financial support under this Act; and
(ii) any financial support that they are eligible for or already receive,
otherwise than under this Act, from publicly funded sources:
(d) to provide services to encourage and help young people to move to or
remain in education, training, and employment, rather than receiving
financial support under this Act:
(e) to impose, on the following specified people or young people, the fol-
lowing specified requirements or obligations:
(i) on people seeking or receiving financial support under this Act,
administrative and, where appropriate, work-related requirements;
and
(ii) on young people who are seeking or receiving financial support
under this Act, educational, budget management, and (where
appropriate) parenting requirements; and
(iii) on people receiving certain financial support under this Act, obli-
gations relating to the education and primary health care of their
dependent children.
Compare: 1964 No 136 s 1A; 2007 No 20 s 23

4 Principles
Every person performing or exercising a duty, function, or power under this
Act must have regard to the following general principles:
(a) work in paid employment offers the best opportunity for people to
achieve social and economic well-being:
(b) the priority for people of working age should be to find and retain work:
(c) people for whom work may not currently be an appropriate outcome
should be assisted to prepare for work in the future and develop employ-
ment-focused skills:
(d) people for whom work is not appropriate should be supported in accord-
ance with this Act.
Compare: 1964 No 136 s 1B; 2007 No 20 s 23

5 Guide to this Act

General provisions
(1) Part 1 contains general provisions (for example, on definitions).
Assistance
(2) Part 2 contains provisions on assistance, as follows:
Main assistance
(a) jobseeker support:

24
2018 No 32 Social Security Act 2018 Part 1 s 5

(b) sole parent support:

(c) supported living payment—
(i) on the ground of restricted work capacity or total blindness; or
(ii) on the ground of caring for another person:
(d) orphan’s benefit:
(e) unsupported child’s benefit:
(f) youth payment:
(g) young parent payment:
(h) emergency benefit:
Supplementary assistance
(i) accommodation supplement:
(j) winter energy payment:
(k) childcare assistance:
(l) child disability allowance:
(m) disability allowance:
(n) funeral grants:
Hardship assistance
(o) temporary additional support:
Special assistance
(p) special assistance for visitors affected by overseas epidemics:
(q) approved special assistance programmes (see the guide in section 15).
Obligations
(3) Part 3 contains provisions on obligations (for example, MSD’s obligations, and
each beneficiary’s obligations—see the guide in section 104).
Factors affecting benefits
(4) Part 4 contains provisions on factors affecting benefits (for example, insurance,
entitlement to overseas pensions, failure to assist child support, shared care of a
dependent child, hospitalisation, being in custody in prison or on remand, and
absence from New Zealand—see the guide in section 183).
Enforcement, sanctions, and offences
(5) Part 5 contains provisions on enforcement, sanctions, and offences (for
example, sanctions for failing to meet obligations—see the guide in section
231).
Administration
(6) Part 6 contains provisions on administration (for example, on applications for
and granting of benefits, reviews of entitlement, when benefits commence and

25
Part 1 s 6 Social Security Act 2018 2018 No 32

end or expire, how benefits are paid, tax on benefits, debts and deductions,
notices and communications, and reciprocity agreements with other coun-
tries—see the guide in section 296).
Reviews and appeals
(7) Part 7 contains provisions on reviews and appeals (reviews by benefits review
committees and appeals to the appeal authority, to the courts, or to the medical
board—see the guide in section 390).
Other provisions
(8) Part 8 contains other provisions (for example, on powers to make regulations
or orders, repeals and revocations, and consequential amendments—see the
guide in section 416).
Definitions appear in dictionary
(9) Schedule 2 lists all terms defined for purposes of this Act, and sets out, or indi-
cates where to find, the definitions.
Act is generally former 1964 and 1990 Acts in rewritten form
(10) The provisions of this Act, as section 9 indicates, are generally—
(a) the provisions of specified former 1964 and 1990 enactments in rewrit-
ten form; and
(b) intended to have the same effect as the corresponding provisions of those
former enactments.
(11) Subsection (10) is overridden by section 9(6) (which relates to identified
changes in legislation that are specified in Schedule 11, and to amendments to
this Act that are made after the beginning of 26 November 2018).

6 Definitions are in dictionary in Schedule 2

The dictionary in Schedule 2 defines terms used in this Act.
Compare: 1964 No 136 ss 3(1), (5), 10B(5), 11(8), 11G(1), 11H(1), 20A, 39A(1), 60H(1), 60RAB(1)
and (4), 61D(1), 61E, 68A(8), 80B, 88A, 126A(1), 157; 2007 No 97 s AA 3, Part Y

7 Minister may give MSD binding directions

(1) The Minister may give MSD general or special written directions about MSD’s
performing or exercising any duties, functions, or powers of MSD under enact-
ments in, or made under, either or both of this Act and the New Zealand Super-
annuation and Retirement Income Act 2001.
(2) Directions given under this section cannot do what is done by the following
kinds of directions:
(a) preferred suppliers: transitional or savings provisions directions given
under section 372:
(b) debt recovery directions given under regulations made under section 444
(see section 444(1), (2)(c), and (3)).

26
2018 No 32 Social Security Act 2018 Part 1 s 8

(3) MSD must, in performing or exercising a duty, function, or power, comply with
all relevant current directions given under this section.
(4) A direction given under this section—
(a) must, as soon as practicable after it is given, be—
(i) published on an Internet site administered by or on behalf of
MSD; and
(ii) notified in the Gazette; and
(b) must, each time it is amended without also being replaced, as soon as
practicable after it is amended, be published—
(i) on an Internet site administered by or on behalf of MSD; and
(ii) as at a stated date; and
(iii) incorporating amendments up to that date; and
(c) is not a legislative instrument, but is a disallowable instrument, for the
purposes of the Legislation Act 2012, and must be presented to the
House of Representatives not only—
(i) as soon as practicable; but also
(ii) under section 41 of that Act.
(5) A notification in the Gazette for the purpose of subsection (4)(a)(ii) does not
have to include the text of the direction.
Compare: 1964 No 136 s 5

8 Determinations person is single or in de facto relationship

(1) This section applies to a decision by MSD so far as the decision does all or any
the following:
(a) determines (that is, grants, or refuses to grant, on any basis) an applica-
tion for a benefit:
(b) reviews (and suspends, cancels, or varies, from a date determined by
MSD) a benefit already granted:
(c) determines the rate of benefit (from a date, or dates, determined by
MSD):
(d) grants, or refuses to grant, on any basis, a payment of a funeral grant
(see section 90):
(e) grants or refuses to grant, on any basis, a payment under an approved
special assistance programme.
(2) MSD may make a determination to regard as single, for the purposes of the
decision, an applicant or a beneficiary who is married or in a civil union with
the applicant’s or beneficiary’s spouse or partner, but—
(a) is living apart from the applicant’s or beneficiary’s spouse or partner;
and

27
Part 1 s 9 Social Security Act 2018 2018 No 32

(b) is not in a de facto relationship.

(3) A determination under subsection (2) may include a date, determined by MSD,
on which the spouses or partners must be taken for the purposes of the decision
to have commenced to live apart.
(4) MSD may make a determination to regard as a party to a de facto relationship,
for the purposes of the decision, any 2 people who, not being legally married or
in a civil union, have entered into a de facto relationship.
(5) A determination under subsection (4), for the purposes of the decision, may
include either or both of the following dates:
(a) a date, determined by MSD, on which the 2 people must be taken as hav-
ing entered into the de facto relationship:
(b) a date, determined by MSD, on which the de facto relationship of the
2 people must be taken to have ended.
(6) Every determination under this section also applies for the purposes of every
debt-recovery or offence provision in or under this Act.
Compare: 1964 No 136 s 63

9 Interpretation: references to old law, and using it as a guide

(1) A reference in an enactment or a document to the following former enactments
or to a provision of them, is to be interpreted as a reference to this Act, or to the
corresponding provision of this Act, to the extent necessary to reflect sensibly
the intent of the enactment or document:
(a) the Social Security Act 1964 (except sections 69FA and 132D, Part 4,
and Schedules 27 and 30, which are provisions rewritten and replaced by
the Residential Care and Disability Support Services Act 2018):
(b) the Social Welfare (Reciprocity Agreements, and New Zealand Artificial
Limb Service) Act 1990 (except Part 3 and Schedule 3, which are provi-
sions rewritten and replaced by the Artificial Limb Service Act 2018).
(2) Subsection (1) is subject to the consequential amendments in Schedule 10.
(3) The provisions of this Act—
(a) are the provisions of those former enactments in rewritten form; and
(b) are intended to have the same effect as the corresponding provisions of
those former enactments.
(4) Subsection (3) is subject to subsections (5) and (6) and section 11.
(5) If the meaning of a provision of this Act that comes into force under section 2
(the new law) is unclear or gives rise to absurdity, the wording of a law that is
repealed by section 455 or 456 and that corresponds to the new law
(the old law) must be used to ascertain the meaning of the new law.
(6) Subsections (3) to (5) do not apply—
(a) to a new law listed in Schedule 11 (identified changes in legislation); or

28
2018 No 32 Social Security Act 2018 Part 1 s 12

(b) if a new law is affected by an amendment made after the new law’s com-
mencement under section 2, to that new law after the amendment com-
mences.
Compare: 2007 No 97 s ZA 3(2), (3), (4), (5)

10 Comparative tables of old and new provisions

(1) Schedule 12 (comparative tables of old and rewritten provisions) sets out cor-
responding provisions in the following former enactments and this Act as at the
beginning of 26 November 2018:
(a) the Social Security Act 1964 (except sections 69FA and 132D, Part 4,
and Schedules 27 and 30, which are provisions rewritten and replaced by
the Residential Care and Disability Support Services Act 2018):
(b) the Social Welfare (Reciprocity Agreements, and New Zealand Artificial
Limb Service) Act 1990 (except Part 3 and Schedule 3, which are provi-
sions rewritten and replaced by the Artificial Limb Service Act 2018).
(2) Schedule 12 has the following 3 parts:
(a) Part A lists each provision in the Social Security Act 1964 and—
(i) indicates the corresponding provision in this Act or the Residen-
tial Care and Disability Support Services Act 2018; or
(ii) states that the provision has been omitted:
(b) Part B lists each provision in the Social Welfare (Reciprocity Agree-
ments, and New Zealand Artificial Limb Service) Act 1990 and—
(i) indicates the corresponding provision in this Act or the Artificial
Limb Service Act 2018; or
(ii) states that the provision has been omitted:
(c) Part C lists each provision in this Act and the corresponding provision in
those former enactments, or states that the provision is new.
(3) Schedule 12—
(a) is provided to assist readers to identify corresponding provisions; but
(b) must not be interpreted as a definitive guide to the correspondence of
provisions.
Compare: 2007 No 97 s ZA 6

11 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have
effect according to their terms.
Compare: 1964 No 136 s 3C, Schedule 32

12 Act binds the Crown

This Act binds the Crown.

29
Part 1 s 13 Social Security Act 2018 2018 No 32

13 Status of guides or outlines

All guides or outlines in this Act are by way of explanation only. They do not
affect the provisions specified in them.

14 Status of examples
(1) An example used in an enactment in or made under this Act is only illustrative
of the provisions to which it relates. It does not limit those provisions.
(2) If an example and a provision to which it relates are inconsistent, the provision
prevails.
Compare: 1964 No 136 s 3B

Part 2
Assistance
Contents
Page
Subpart 1—Introduction
15 What this Part does 33
16 Residential requirement 33
17 Rates 34
18 General limitation on receiving more than 1 benefit 35
19 General limitation on receiving benefit: persons unlawfully 35
resident or present in New Zealand and persons holding temporary
entry class visa
Subpart 2—Jobseeker support
20 Jobseeker support: requirements 35
21 What is work gap 35
22 When person is available for work 36
23 Jobseeker support: age requirement 36
24 Jobseeker support: no or minimum income 36
25 Jobseeker support: discretionary grant on ground of hardship 36
26 Jobseeker support: ineligibility 37
27 Jobseeker support: on ground of health condition, injury, or 37
disability: application must include certificate
28 Jobseeker support: on ground of health condition, injury, or 38
disability: medical examination
Subpart 3—Sole parent support
29 Sole parent support: requirements 38
30 What is sole parent requirement 38
31 When dependent child may be regarded as applicant’s child 39
32 Sole parent support: situation of split care 39

30
2018 No 32 Social Security Act 2018 Part 1 s 14

33 Expiry of sole parent support, and replacement with jobseeker 40

support, when youngest dependent child turns 14 years old
Subpart 4—Supported living payment
Supported living payment on ground of restricted work capacity or
total blindness
34 Supported living payment: on ground of restricted work capacity 41
or total blindness: requirements
35 When person has restricted work capacity 41
36 Supported living payment: on ground of restricted work capacity 41
or total blindness: ineligibility
37 Supported living payment: on ground of restricted work capacity 42
or total blindness: medical examination
38 Supported living payment: on ground of restricted work capacity 42
or total blindness: payment not apportioned in specified cases
39 Supported living payment: on ground of restricted work capacity: 42
encouraging open employment
Supported living payment on ground of caring for another person
40 Supported living payment: on ground of caring for another person: 43
requirements
41 Supported living payment: on ground of caring for another person: 44
application must include certificate
42 Supported living payment: on ground of caring for another person: 44
medical examination
Subpart 5—Orphan’s benefit
43 Orphan’s benefit: requirements 44
44 Who is eligible caregiver 45
45 Orphan’s benefit to be used for benefit of child 45
Subpart 6—Unsupported child’s benefit
46 Unsupported child’s benefit: requirements 45
47 Who is eligible caregiver 46
48 Unsupported child’s benefit to be used for benefit of child 46
Subpart 7—Youth payment
49 Youth payment: requirements 46
50 When person is study ready 46
51 Youth payment: no or minimum income 47
52 When person has parental support gap 47
53 Youth payment: discretionary grant on ground of hardship 47
54 Youth payment: continuation after turning 18 years old 48
55 Youth payment: incentive payments 48
Subpart 8—Young parent payment
56 Young parent payment: requirements 48

31
Part 1 s 14 Social Security Act 2018 2018 No 32

57 When person is study ready 49

58 Young parent payment: no or minimum income 49
59 When person has parental support gap 50
60 Young parent payment: discretionary grant on ground of hardship 50
61 Young parent payment: continuation after turning 20 years old 50
62 Young parent payment: incentive payments 51
Subpart 9—Emergency benefit
63 Emergency benefit: discretionary grant on ground of hardship 51
64 Emergency benefit: grant during epidemic in New Zealand 52
Subpart 10—Accommodation supplement
65 Accommodation supplement: discretionary grant 52
66 Social housing exclusion 53
67 Other funding exclusion 54
68 Accommodation supplement: special rules for joint tenants who 54
are in relationship
69 Accommodation supplement: refusal, reduction, or cancellation of 55
grant in certain circumstances
Subpart 11—Winter energy payment
70 Winter energy payment: purpose 56
71 Winter energy payment: interpretation 56
72 Winter energy payment: requirements 56
73 Winter energy payment: election not to receive 57
74 Winter energy payment: instalments, rates, and payment 57
75 Winter energy payment: termination on review 58
Subpart 12—Childcare assistance
76 Childcare assistance: purpose 58
77 Childcare assistance: eligibility 58
Subpart 13—Child disability allowance
78 Child disability allowance: discretionary grant 59
79 Meaning of child with a serious disability 59
80 Child disability allowance: MSD may require medical certificate 59
81 Child disability allowance: MSD may require medical examination 60
82 Child disability allowance: payment 60
83 Child disability allowance: not payable with other assistance or 60
pension
Subpart 14—Disability allowance
84 Meaning of disability 60
85 Disability allowance: discretionary grant 60
86 Disability allowance: excluded expenses 61
87 Disability allowance: refusal, reduction, or cancellation of grant in 62
certain circumstances

32
2018 No 32 Social Security Act 2018 Part 2 s 16

88 Disability allowance: medical examination 62

89 Special disability allowance: entitlement in special circumstances 62
Subpart 15—Funeral grants
90 Funeral grant: general eligibility and definitions 63
91 Funeral grant: eligibility if deceased person has dependants 64
92 Funeral grant: eligibility if deceased person has no dependants 64
93 Funeral grant: eligibility if deceased person is child 64
94 Funeral grant: restrictions on payment 65
Subpart 16—Hardship assistance
95 Temporary additional support: purpose 65
96 Temporary additional support: requirements 65
97 Temporary additional support: refusal, reduction, or cancellation of 66
grant in certain circumstances
98 Interpretation 66
Subpart 17—Special assistance
99 Overseas epidemics affecting visitors to New Zealand: Minister 67
may give overseas epidemic management notice
100 Special assistance for visitors affected by overseas epidemics 67
101 Approved special assistance programmes 68
102 Special assistance: status of, and access to, notices 68
Subpart 18—Extended payment of benefits for children aged
18 years or over who continue education
103 Provisions relating to children aged 18 years or over who continue 69
education

Subpart 1—Introduction
15 What this Part does
This Part—
(a) sets out the various types of assistance through which MSD provides
people with financial support; and
(b) specifies the requirements for each type of assistance.

16 Residential requirement
(1) This section sets out the residential requirement that must be met by applicants
for certain types of assistance under this Part.
(2) A person (P) meets the residential requirement if—
(a) P is a New Zealand citizen or holds a residence class visa under the
Immigration Act 2009, and is ordinarily resident in New Zealand when P
first applies for the benefit, and—

33
Part 2 s 17 Social Security Act 2018 2018 No 32

(i) has resided continuously in New Zealand for a period of at least 2

years at any one time after becoming a citizen or resident; or
(ii) is recognised as a refugee or a protected person in New Zealand
under the Immigration Act 2009; or
(b) P is ordinarily resident in a country with which New Zealand has a reci-
procity agreement, and P has resided continuously in New Zealand for a
period of at least 2 years before applying for the benefit or before a deci-
sion on P’s claim for the benefit is made.
(3) For the purposes of subsection (2)(b), New Zealand has a reciprocity agree-
ment with another country if there is in force under section 380 an order declar-
ing that the provisions contained in an agreement (for example, a convention)
signed by New Zealand and the Government of that country set out in a sched-
ule of the order have force and effect so far as they relate to New Zealand.
(4) This section does not limit section 204 (MSD may refuse or cancel benefit if
person not ordinarily resident in New Zealand), and is subject to section 205
(refugee or protected person status).
(5) This section is also subject to any regulations made under section 421 that spe-
cify circumstances in which a person—
(a) is taken to meet the residential requirement; or
(b) must be treated, for the purposes of satisfying the residential require-
ment, as being resident and present in New Zealand; or
(c) must not be required to comply with the residential requirement.
Compare: 1964 No 136 s 74AA

17 Rates
(1) Assistance granted under this Part must be paid at the appropriate rate specified
in Schedule 4.
(2) Subsection (1) does not apply to the following assistance granted under
this Part:
(a) an emergency benefit under section 63:
(b) childcare assistance under section 77:
(c) funeral grants under section 90:
(d) temporary additional support under section 96:
(e) special assistance under subpart 17.
(3) Subsection (1) is subject to the provisions of this Act that provide for the
reduction, suspension, or cancellation of assistance in certain circumstances.
Compare: 1964 No 136 ss 20G, 29A, 39B, 40I, 61(2), 61CB, 61EC, 61G(3), 61GA(3), 69C, 88M,
163, 169

34
2018 No 32 Social Security Act 2018 Part 2 s 21

18 General limitation on receiving more than 1 benefit

A person is not entitled to receive at the same time, in his or her own right,—
(a) more than 1 main benefit under this Act; or
(b) a main benefit under this Act and New Zealand superannuation; or
(c) a main benefit under this Act and a veteran’s pension.
Compare: 1964 No 136 s 72(a)

19 General limitation on receiving benefit: persons unlawfully resident or

present in New Zealand and persons holding temporary entry class visa
(1) A person is not entitled or eligible to receive a benefit if the person is—
(a) unlawfully resident or present in New Zealand; or
(b) lawfully resident or present in New Zealand but only by virtue of hold-
ing a temporary entry class visa.
(2) This section is subject to section 205.
Compare: 1964 No 136 s 74A(1)

Subpart 2—Jobseeker support

20 Jobseeker support: requirements
A person is entitled to jobseeker support if the person—
(a) has a work gap; and
(b) is available for work; and
(c) meets the age requirement; and
(d) meets the residential requirement; and
(e) has no or minimum income.
Compare: 1964 No 136 s 88B(1), (2), (3), (4)

21 What is work gap

(1) A person (P) has a work gap if—
(a) P is not in full-time employment; or
(b) P is in employment but is losing earnings through a health condition or
injury (for example, is not working at all or is working reduced hours).
(2) For the purposes of subsection (1)(b), P may treat as a loss of P’s earnings a
payment made to any other person who acts as P’s substitute during the period
of P’s health condition or injury.
(3) Despite subsection (1)(a), P still has a work gap if—
(a) P is receiving jobseeker support at the rate in clause 1(c), (e), or (f) of
Part 1 of Schedule 4; and
(b) during a temporary period, P engages in full-time employment; and

35
Part 2 s 22 Social Security Act 2018 2018 No 32

(c) the income from that employment and P’s other income (if any) when
calculated over a 52-week period is less than the amount that would,
under the appropriate income test, reduce the applicable rate of job-
seeker support to zero.
Compare: 1964 No 136 s 88B(1), (6), (7)

22 When person is available for work

A person (P) is available for work if P—
(a) is available for and seeking full-time employment and—
(i) is willing and able to undertake it; and
(ii) has taken reasonable steps to find it; or
(b) would satisfy paragraph (a) were it not for circumstances that would
qualify P for an exemption under the regulations referred to in section
157 from some or all of the work-test obligations; or
(c) is willing and able to undertake full-time employment but, because of a
health condition, injury, or disability, is limited in P’s capacity to seek,
undertake, or be available for it.
Compare: 1964 No 136 s 88B(1)

23 Jobseeker support: age requirement

An applicant for jobseeker support meets the age requirement if the applicant
is—
(a) at least 18 years old, in the case of an applicant without a dependent
child:
(b) at least 20 years old, in any other case.
Compare: 1964 No 136 s 88B(2)

24 Jobseeker support: no or minimum income

(1) In this subpart, a person (P) has no or minimum income if P has—
(a) no income; or
(b) income of less than the amount that would reduce the applicable rate of
jobseeker support to zero.
(2) If, during a temporary period, P has enough income to reduce the applicable
rate of jobseeker support to zero, but P otherwise meets the requirements for
jobseeker support, P’s entitlement to jobseeker support is not affected by that
income.
Compare: 1964 No 136 s 88B(4), (5)

25 Jobseeker support: discretionary grant on ground of hardship

(1) MSD may grant jobseeker support to a person (P) who is eligible under subsec-
tion (2), (3), or (4) if P—

36
2018 No 32 Social Security Act 2018 Part 2 s 27

(a) is in hardship; and

(b) is not entitled or eligible to receive any other main benefit under this Act
or New Zealand superannuation or a veteran’s pension; and
(c) is unable to earn enough income to support P and P’s spouse or partner
(if any) and dependent children (if any).
(2) P is eligible under this subsection if P meets the requirements in section 20(a),
(b), and (c).
(3) P is eligible under this subsection, during the period between the end of one
academic year and the start of the next, if P is a full-time student and meets the
requirements in section 20(c) and (d).
(4) P is eligible under this subsection, during the period between the end of one
academic year and the start of the next, if P is a full-time student who is aged
16 or 17 years and MSD is satisfied that—
(a) P has a parental support gap (as defined in section 52(1)(a), (b), or (c),
but not as defined in section 52(1)(d)); or
(b) P is in a relationship.
Compare: 1964 No 136 s 88C

26 Jobseeker support: ineligibility

A person (P) is not entitled to, or eligible to be granted, jobseeker support if—
(a) P is a full-time student (unless P is eligible under section 25); or
(b) P is unemployed because of P’s participation, or participation by fellow
members of the same union at the same place of employment, in a strike;
or
(c) MSD reasonably believes that P became unemployed or took leave with
or without pay from P’s employment for the purpose of undertaking
employment-related training.
Compare: 1964 No 136 s 88D

27 Jobseeker support: on ground of health condition, injury, or disability:

application must include certificate
(1) An applicant (A) for jobseeker support on the ground of health condition,
injury, or disability must include in the application a certificate that complies
with this section.
(2) The certificate must be given by a prescribed health practitioner.
(3) The certificate must—
(a) certify that A’s capacity for work is affected by health condition, injury,
or disability; and

37
Part 2 s 28 Social Security Act 2018 2018 No 32

(b) indicate the nature of the health condition, injury, or disability, the extent
to which A’s capacity for work is affected by it, and the length of time
that effect is likely to last; and
(c) contain any other information that MSD may require.
Compare: 1964 No 136 s 88E(1)–(3)

28 Jobseeker support: on ground of health condition, injury, or disability:

medical examination
(1) MSD may at any time require an applicant for, or a person receiving, jobseeker
support on the ground of health condition, injury or disability (P) to undergo an
examination by a prescribed health practitioner.
(2) The prescribed health practitioner must be agreed for the purpose between P
and MSD or, failing agreement, must be nominated by MSD.
(3) The prescribed health practitioner must prepare, and must send MSD a copy of,
a report that indicates—
(a) whether P’s capacity for work is affected by health condition, injury, or
disability; and
(b) the extent to which that capacity is so affected; and
(c) how long that capacity is likely to continue to be affected.
Compare: 1964 No 136 s 88E(4), (5)

Subpart 3—Sole parent support

29 Sole parent support: requirements
A person is entitled to sole parent support if the person—
(a) meets the sole parent requirement; and
(b) either—
(i) is not in a situation of split care (see section 32); or
(ii) is in a situation of split care and is the 1 parent who is entitled to
sole parent support (see section 32); and
(c) meets the residential requirement; and
(d) is aged 20 years or over.
Compare: 1964 No 136 s 20D

30 What is sole parent requirement

(1) A person (P) meets the sole parent requirement if P is the mother or father of,
and caring for, at least 1 dependent child aged under 14 years and—
(a) P is single; or
(b) P’s spouse or partner has died; or
(c) P’s marriage or civil union has been dissolved; or

38
2018 No 32 Social Security Act 2018 Part 2 s 32

(d) P is living apart from, and has lost the support of or is being inade-
quately maintained by, P’s spouse or partner; or
(e) P has lost the regular support of P’s spouse or partner because that
spouse or partner—
(i) is subject to a sentence of imprisonment and is serving the sen-
tence in a prison or is subject to release conditions that prevent
that spouse or partner from undertaking employment; or
(ii) is subject to a sentence of supervision, intensive supervision, or
home detention and is subject to conditions (including post-deten-
tion conditions of a sentence of home detention) that prevent that
spouse or partner from undertaking employment.
(2) An additional dependent child aged 1 year or over is not a dependent child for
the purposes of P’s eligibility for sole parent support (see section 222(2)).
Compare: 1964 No 136 s 20A

31 When dependent child may be regarded as applicant’s child

For the purposes of this subpart, MSD may regard a dependent child as being a
child of an applicant (A), and A as being the mother or father of the child, if—
(a) the child is being maintained by A and was at any time maintained by
A’s spouse or partner; or
(b) neither an orphan’s benefit nor an unsupported child’s benefit is payable
in respect of the child, but—
(i) section 43(2) is complied with for each of the child’s parents (as
that term is defined in section 43(3)); or
(ii) section 46(1) and (2) is complied with for each of the child’s
parents (as that term is defined in section 46(3)) for care for the
child and full provision for the child’s support; or
(c) the child’s parents are unwilling to support the child because of circum-
stances MSD considers exceptional.
Compare: 1964 No 136 s 20B

32 Sole parent support: situation of split care

(1) This section applies to the parents of 2 or more dependent children if—
(a) the parents are living apart; and
(b) each parent is the principal caregiver of 1 or more of the children; and
(c) but for this section, both parents would be entitled to sole parent support.
(2) Only 1 of the 2 parents is entitled to sole parent support, and the parent who is
entitled to sole parent support must be—
(a) the parent who is already receiving sole parent support in respect of any
of the children; or

39
Part 2 s 33 Social Security Act 2018 2018 No 32

(b) if no parent is already receiving sole parent support in respect of any of

the children, the parent who MSD considers was the principal caregiver
in respect of the children immediately before the parents began living
apart; or
(c) if neither parent was the principal caregiver in respect of the children
before they began living apart, or MSD is unable to ascertain which
parent was the principal caregiver in respect of the children immediately
before they began living apart, the parent who is the principal caregiver
in respect of the youngest child.
(3) This section does not apply if each parent has become the principal caregiver in
respect of at least 1 child under 1 or more orders—
(a) made by a court of competent jurisdiction; and
(b) about the role of providing day-to-day care for children.
(4) In this section, child means a dependent child of the parents—
(a) born of their relationship; or
(b) adopted by the parents, or by 1 of the parents, during their relationship.
Compare: 1964 No 136 s 20C

33 Expiry of sole parent support, and replacement with jobseeker support,

when youngest dependent child turns 14 years old
(1) This section applies to a person (P) who is receiving sole parent support.
(2) On the date that the youngest dependent child in P’s care turns 14, P’s sole
parent support expires and is replaced with jobseeker support that commences
on that date and is taken to be granted to P as if P had applied for it.
(3) However, if MSD reasonably believes that on that date P would not meet the
conditions of entitlement to jobseeker support,—
(a) P’s sole parent support expires but is not replaced under subsection (2)
by jobseeker support; and
(b) MSD must instead invite P to apply for jobseeker support.
(4) Obligations or exemptions that apply to P immediately before the expiry of P’s
sole parent support continue after that expiry in respect of the jobseeker sup-
port to which P is transferred under subsection (2) if those obligations or
exemptions are any of the following:
(a) the obligation to work with contracted service providers:
(b) work-preparation obligations:
(c) social obligations of certain assistance recipients with dependent chil-
dren:
(d) the obligation to undergo a work ability assessment:
(e) work-test obligations:

40
2018 No 32 Social Security Act 2018 Part 2 s 36

(f) an exemption from work-test obligations or from obligations to prepare

for employment (other than any exemption that, under regulations made
under section 431, is not available to a person receiving jobseeker sup-
port).
(5) This section does not preclude a review under subpart 3 of Part 6 (review of
entitlement to, or rate of, benefit granted) of whether P satisfies the conditions
of entitlement to jobseeker support.
Compare: 1964 No 136 s 20H

Subpart 4—Supported living payment

Supported living payment on ground of restricted work capacity or total
blindness
34 Supported living payment: on ground of restricted work capacity or total
blindness: requirements
A person is entitled to the supported living payment if the person—
(a) has restricted work capacity or is totally blind; and
(b) meets the residential requirement; and
(c) is aged 16 years or over.
Compare: 1964 No 136 s 40B(1)–(1B)

35 When person has restricted work capacity

(1) A person (P) has restricted work capacity if P is permanently and severely
restricted in P’s capacity for work because of a health condition, or because of
injury or disability arising (in either case) from an accident or existing from
birth.
(2) P is permanently restricted in P’s capacity for work if MSD is satisfied that—
(a) the restricting health condition, injury, or disability is expected to con-
tinue for at least the period set out in regulations made under section
418(1)(b); or
(b) P is not expected to live for that period because P’s condition is terminal.
(3) P is severely restricted in P’s capacity for work if MSD is satisfied that P is
incapable of regularly working at least 15 hours a week in open employment.
Compare: 1964 No 136 s 40B(1), (2), (3)

36 Supported living payment: on ground of restricted work capacity or total

blindness: ineligibility
A person (P) must not be granted a supported living payment if MSD is satis-
fied that P’s restricted capacity for work or total blindness was self-inflicted
and brought about by P with a view to qualifying for a benefit.
Compare: 1964 No 136 s 40B(5)

41
Part 2 s 37 Social Security Act 2018 2018 No 32

37 Supported living payment: on ground of restricted work capacity or total

blindness: medical examination
(1) The section 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.
(2) MSD may at any time require P to undergo an examination by a prescribed
health practitioner.
(3) The prescribed health practitioner must be agreed for the purpose between P
and MSD or, failing agreement, must be nominated by MSD.
(4) The prescribed health practitioner must prepare, and must send MSD a copy of,
a report that indicates—
(a) whether P is (or whether there is doubt about whether P is)—
(i) permanently and severely restricted in P’s capacity for work; or
(ii) totally blind; and
(b) the grounds on which the opinion given in paragraph (a) is based.
(5) The report must, in the case of doubt referred to in subsection (4)(a), and may,
in any other case, indicate a date for review of the permanency or severity, or
both, of P’s health condition, injury, or disability.
Compare: 1964 No 136 s 40C

38 Supported living payment: on ground of restricted work capacity or total

blindness: payment not apportioned in specified cases
(1) This section applies to a person (P) who is in a relationship and who—
(a) is receiving long-term residential care in a hospital or rest home because
P has a disability; and
(b) has not been means assessed under Part 6 of the Residential Care and
Disability Support Services Act 2018.
(2) A supported living payment payable to P is not apportioned and must be paid at
half of the appropriate rate in Part 3 of Schedule 4.
(3) A supported living payment payable to P’s spouse or partner (S) (if S is not
receiving long-term residential care in a hospital or rest home) is not appor-
tioned and must be paid at the rate in Part 3 of Schedule 4 that would be appro-
priate if S were entitled to a supported living payment in S’s own right and
were single.
Compare: 1964 No 136 s 40I(3)–(5)

39 Supported living payment: on ground of restricted work capacity:

encouraging open employment
(1) The purpose of this section is to encourage specified recipients of a supported
living payment to undertake open employment in order to establish whether
they can sustain that employment and cease receiving that benefit.

42
2018 No 32 Social Security Act 2018 Part 2 s 40

(2) This section applies to a person (P) who—

(a) is receiving a supported living payment granted on the ground of per-
manent and severe restriction of capacity for work; but
(b) is with MSD’s agreement undertaking open employment for a period
agreed with MSD in order to establish whether P can sustain open
employment.
(3) The period of open employment agreed with MSD must not exceed 26 weeks
(even if that employment is, or is expected to be, for a period that is longer than
the agreed period).
(4) P does not lose P’s entitlement to a supported living payment by reason only of
working 15 or more hours a week in open employment during the agreed
period.
Compare: 1964 No 136 s 40K

Supported living payment on ground of caring for another person

40 Supported living payment: on ground of caring for another person:
requirements
(1) A person (C) is entitled to the supported living payment if—
(a) MSD is satisfied that C is required to give full-time care and attention at
home to a person (P) who would otherwise have to receive institutional
care (and who is not C’s spouse or partner); and
(b) C meets the residential requirement; and
(c) C is aged—
(i) at least 18 years, in the case of an applicant without a dependent
child; or
(ii) at least 20 years, in any other case.
(2) MSD may continue a payment granted under this section for a period of not
more than 28 days even though P was not during that period in the full-time
care of C.
(3) In this subpart, institutional care means care that is, or is equivalent to,—
(a) hospital care, rest home care, or residential disability care, as defined in
section 4(1) of the Health and Disability Services (Safety) Act 2001; or
(b) care of the kind referred to in section 141 of the Oranga Tamariki Act
1989 (which relates to care of severely disabled children and young per-
sons).
Compare: 1964 No 136 s 40D

43
Part 2 s 41 Social Security Act 2018 2018 No 32

41 Supported living payment: on ground of caring for another person:

application must include certificate
(1) A person (C) who applies for a supported living payment on the ground of car-
ing for another person (P) must include in the application a certificate that
complies with this section.
(2) The certificate must be given by a prescribed health practitioner and must cer-
tify—
(a) that P requires C’s full-time care and attention; and
(b) that, were it not for that care and attention, P would have to receive insti-
tutional care.
Compare: 1964 No 136 s 40E(1)

42 Supported living payment: on ground of caring for another person:

medical examination
(1) When considering an application for, or reviewing under subpart 3 of Part 6, a
supported living payment on the ground of caring for another person, MSD
may require that the person being cared for be examined by a prescribed health
practitioner nominated for the purpose by MSD.
(2) A prescribed health practitioner nominated under subsection (1) must assess
whether the person would, were it not for the applicant’s full-time care and
attention, have to receive institutional care.
Compare: 1964 No 136 s 40E(2)–(3)

Subpart 5—Orphan’s benefit

43 Orphan’s benefit: requirements
(1) This section applies if, because of the circumstances specified in subsec-
tion (2), a child has no parent (as defined in subsection (3)) who is able to care
for the child.
(2) The circumstances are that each of the child’s parents (as defined in subsec-
tion (3))—
(a) is dead; or
(b) is missing; or
(c) has a long-term serious disablement.
(3) A parent, in relation to a child, and for the purposes only of this subpart and
section 31(b)(i), means a natural parent or an adoptive parent (and so excludes,
for those purposes, a step-parent) of the child.
(4) A person (P) is entitled to an orphan’s benefit for the child if—
(a) P is an eligible caregiver of the child; and
(b) either—

44
2018 No 32 Social Security Act 2018 Part 2 s 46

(i) the child is both resident and present in New Zealand; or

(ii) P has been both resident and present in New Zealand for a con-
tinuous period of 12 months at any time.
Compare: 1964 No 136 s 28

44 Who is eligible caregiver

A person (P) is an eligible caregiver of a child if—
(a) P is aged 18 years or over; and
(b) P is not a parent (as defined in section 43(3)) of the child; and
(c) the child is a dependent child of P; and
(d) P is a principal caregiver of the child; and
(e) P is likely to be the principal caregiver of the child for at least 1 year
from the date of application for the orphan’s benefit.
Compare: 1964 No 136 s 28

45 Orphan’s benefit to be used for benefit of child

(1) The purpose of the orphan’s benefit is to provide financial support for the cost
of caring for a child who is not the caregiver’s own.
(2) A caregiver who is granted an orphan’s benefit must use the benefit for the
benefit of the child in respect of whom it was granted, including the child’s
maintenance and education.
Compare: 1964 No 136 s 31

Subpart 6—Unsupported child’s benefit

46 Unsupported child’s benefit: requirements
(1) This section applies if, because of the circumstances specified in subsec-
tion (2), a child has no parent (as defined in subsection (3)) who is able to—
(a) care for the child; or
(b) provide fully for the child’s support.
(2) The circumstances are that there has been a breakdown in the child’s family.
(3) A parent, in relation to a child, and for the purposes only of this subpart and
section 31(b)(ii), means a natural parent, an adoptive parent, or a step-parent of
the child.
(4) A person (P) is entitled to an unsupported child’s benefit for the child if—
(a) P is an eligible caregiver of the child; and
(b) either—
(i) the child is both resident and present in New Zealand; or

45
Part 2 s 47 Social Security Act 2018 2018 No 32

(ii) P has been both resident and present in New Zealand for a con-
tinuous period of 12 months at any time.
Compare: 1964 No 136 s 29

47 Who is eligible caregiver

A person (P) is an eligible caregiver of a child if—
(a) P is aged 18 years or over; and
(b) P is not a parent (as defined in section 46(3)) of the child; and
(c) the child is a dependent child of P; and
(d) P is a principal caregiver of the child; and
(e) P is likely to be the principal caregiver of the child for at least 1 year
from the date of application for the unsupported child’s benefit.
Compare: 1964 No 136 s 29

48 Unsupported child’s benefit to be used for benefit of child

(1) The purpose of the unsupported child’s benefit is to provide financial support
for the cost of caring for a child who is not the caregiver’s own.
(2) A caregiver who is granted an unsupported child’s benefit must use the benefit
for the benefit of the child in respect of whom it was granted, including the
child’s maintenance and education.
Compare: 1964 No 136 s 31

Subpart 7—Youth payment

49 Youth payment: requirements
A person (P) is entitled to a youth payment if—
(a) P is aged 16 or 17 years; and
(b) P is study ready; and
(c) P has no dependent children; and
(d) P meets the residential requirement; and
(e) P has no or minimum income; and
(f) either—
(i) P has never been in a relationship and has a parental support gap;
or
(ii) P is or has been in a relationship, but is not currently in a relation-
ship with a specified beneficiary.
Compare: 1964 No 136 ss 158, 159(1), 160

50 When person is study ready

In this subpart, a person is study ready if the person—

46
2018 No 32 Social Security Act 2018 Part 2 s 53

(a) is undertaking or is available for full-time education or training leading

to—
(i) NCEA level 2; or
(ii) an equivalent (in MSD’s opinion) or higher qualification; or
(b) would be available for full-time education or training were it not for cir-
cumstances that would qualify the person for an exemption under the
regulations referred to in section 157 from the obligation to undertake
education or training.
Compare: 1964 No 136 s 158(2)(c)

51 Youth payment: no or minimum income

(1) In this subpart, a person (P) has no or minimum income if P has—
(a) no income; or
(b) income of less than the amount that would reduce the applicable rate of
youth payment to zero.
(2) If, during a temporary period, P has enough income to reduce the applicable
rate of youth payment to zero, but P otherwise meets the requirements for a
youth payment, P’s entitlement to a youth payment is not affected by that
income.
Compare: 1964 No 136 s 158(2)(e), (3)

52 When person has parental support gap

(1) In this subpart, a person (P) has a parental support gap if—
(a) none of P’s parents (and guardians (if any)) is able to support P finan-
cially; or
(b) P’s relationship with P’s parents (and guardians (if any)) has broken
down, and none of them is prepared to support P financially; or
(c) P was, but is no longer, subject to a CYPFA order or agreement; or
(d) MSD is otherwise satisfied that P cannot reasonably be expected to be
financially dependent on P’s parents or any other person.
(2) However, P does not have a parental support gap if—
(a) P has the option of living with a parent or guardian but chooses not to;
and
(b) MSD is not satisfied that there are good and sufficient reasons for P’s
choice.
Compare: 1964 No 136 s 159(2)

53 Youth payment: discretionary grant on ground of hardship

MSD may grant a youth payment to a young person (P) who meets all of the
requirements in section 49 except for the residential requirement if P—

47
Part 2 s 54 Social Security Act 2018 2018 No 32

(a) is in hardship; and

(b) is not entitled or eligible to receive any other main benefit under this Act
or New Zealand superannuation or a veteran’s pension; and
(c) is unable to earn enough income to support P and P’s spouse or partner
(if any).
Compare: 1964 No 136 s 161

54 Youth payment: continuation after turning 18 years old

(1) This section sets out the circumstances in which, despite section 49(a), a youth
payment granted to a person (P) continues (if P is otherwise entitled to it) after
P turns 18.
(2) If a youth payment begins less than 6 months before P turns 18, the payment
continues until the close of the day that is 6 months after it began.
(3) If P is continuing in a course of education or training or approved work-based
learning when P turns 18, P’s youth payment continues until,—
(a) if the course is a course of secondary education or if the course ends in
December, the close of the following 31 March:
(b) in any other case, the close of the day that the course ends.
(4) If subsections (2) and (3) both apply to P, P’s youth payment continues until
the later of the 2 dates that apply under those subsections.
(5) While a youth payment continues under subsection (2), P is not eligible to be
granted—
(a) sole parent support; or
(b) an emergency benefit; or
(c) jobseeker support; or
(d) supported living payment on ground of caring for another person.
Compare: 1964 No 136 s 162

55 Youth payment: incentive payments

(1) If a young person to whom a youth payment is payable meets the criteria pre-
scribed for the purposes of this section by regulations made under section
418(1)(c), the person is also entitled to be paid the appropriate incentive pay-
ment stated in subpart 3 of Part 6 of Schedule 4.
(2) The entitlement in subsection (1) is subject to sections 288 and 289.
Compare: 1964 No 136 s 163(2), (3)

Subpart 8—Young parent payment

56 Young parent payment: requirements
(1) A person (P) is entitled to a young parent payment if—

48
2018 No 32 Social Security Act 2018 Part 2 s 58

(a) P is a parent or step-parent of at least 1 dependent child; and

(b) P is study ready; and
(c) P meets the residential requirement; and
(d) P has no or minimum income; and
(e) P falls into 1 of the following categories:
(i) P is aged 16 or 17 years, has never been in a relationship, and has
a parental support gap:
(ii) P is aged 18 or 19 years and has never been in a relationship:
(iii) P is aged 16 to 19 years and is or has been in a relationship, but is
not currently in a relationship with a specified beneficiary.
(2) For the purposes of subsection (1)(a), a dependent child of a young person’s
spouse or partner must also be treated as a dependent child of the young per-
son.
Compare: 1964 No 136 ss 164, 165(2), 166

57 When person is study ready

In this subpart, a person is study ready if the person—
(a) is undertaking or is available for full-time education or training leading
to—
(i) NCEA level 2; or
(ii) an equivalent (in MSD’s opinion) or higher qualification; or
(b) would be available for full-time education or training were it not for cir-
cumstances—
(i) under which the obligation to undertake education or training does
not, under section 163, for the time being apply to the young per-
son; or
(ii) that would qualify the person for an exemption under the regula-
tions referred to in section 157 from the obligation to undertake
education or training.
Compare: 1964 No 136 s 164(2)(c)

58 Young parent payment: no or minimum income

(1) In this subpart, a person (P) has no or minimum income if P has—
(a) no income; or
(b) income of less than the amount that would reduce the applicable rate of
young parent payment to zero.
(2) If, during a brief period, P has enough income to reduce the applicable rate of
young parent payment to zero, but P otherwise meets the requirements for a

49
Part 2 s 59 Social Security Act 2018 2018 No 32

young parent payment, P’s entitlement to a young parent payment is not

affected by that income.
Compare: 1964 No 136 s 164(2)(e), (3)

59 When person has parental support gap

In this subpart, a person (P) has a parental support gap if—
(a) P is not living with a parent or guardian and—
(i) none of P’s parents (and guardians (if any)) is able to support P
financially; or
(ii) P’s relationship with P’s parents (and guardians (if any)) has bro-
ken down and none of them is prepared to support P financially;
or
(iii) P was, but is no longer, subject to a CYPFA order or agreement;
or
(iv) MSD is satisfied that P cannot reasonably be expected to be finan-
cially dependent on P’s parents or any other person; or
(b) P is living with or being financially supported by a parent or guardian
(F) and the family scheme income (within the meaning of the Income
Tax Act 2007) of F and the spouse or partner of F is less than the amount
that would, under sections MD 1 and MD 13 of that Act, reduce the
amount of F’s family tax credit entitlement under that Act to zero.
Compare: 1964 No 136 s 165(2), (3)

60 Young parent payment: discretionary grant on ground of hardship

MSD may grant a young parent payment to a young person (P) who meets all
of the requirements in section 56 except for the residential requirement if P—
(a) is in hardship; and
(b) is not entitled or eligible to receive any other main benefit under this Act
or New Zealand superannuation or a veteran’s pension; and
(c) is unable to earn enough income to support P and P’s spouse or partner
(if any) and dependent children.
Compare: 1964 No 136 s 167

61 Young parent payment: continuation after turning 20 years old

(1) This section sets out the circumstances in which, despite section 56(1)(e), a
young parent payment granted to a person (P) continues (if P is otherwise
entitled to it) after P turns 20.
(2) If a young parent payment begins less than 6 months before P turns 20, the
payment continues until the close of the day that is 6 months after it began.
(3) If P is continuing in a course of education or training or work-based learning
when P turns 20, P’s young parent payment continues until,—

50
2018 No 32 Social Security Act 2018 Part 2 s 63

(a) if the course is a course of secondary education or if the course ends in

December, the close of the following 31 March:
(b) in any other case, the close of the day that the course ends.
(4) If subsections (2) and (3) both apply to P, P’s young parent payment continues
until the later of the 2 dates that apply under those subsections.
(5) While a young parent payment continues under subsection (2), P is not eligible
to be granted—
(a) sole parent support; or
(b) an emergency benefit; or
(c) jobseeker support; or
(d) a supported living payment on ground of caring for another person.
Compare: 1964 No 136 s 168

62 Young parent payment: incentive payments

(1) If a young person to whom a young parent payment is payable meets the cri-
teria prescribed for the purposes of this section by regulations made under sec-
tion 418(1)(d), the person is also entitled to be paid the appropriate incentive
payment stated in subpart 3 of Part 6 of Schedule 4.
(2) The entitlement in subsection (1) is subject to sections 288 and 289.
Compare: 1964 No 136 s 169(2), (3)

Subpart 9—Emergency benefit

63 Emergency benefit: discretionary grant on ground of hardship
(1) MSD may grant an emergency benefit on the ground of hardship to a person
(P)—
(a) who is unable to earn enough income for P or P’s dependants (if any);
and
(b) who is not entitled to a main benefit under this Act (other than an emer-
gency benefit) or to New Zealand superannuation or a veteran’s pension;
and
(c) to whom MSD has determined not to grant 1 of the following benefits on
ground of hardship: jobseeker support, youth payment, or young parent
payment.
(2) Despite subsection (1)(b), MSD may grant an emergency benefit to a person
(P) instead of or in substitution for a supported living payment, sole parent sup-
port, or jobseeker support.
(3) The rate of an emergency benefit is at the discretion of MSD.
(4) However, the rate of an emergency benefit must not exceed the rate of the
equivalent benefit, that is, the main benefit under this Act (other than an emer-

51
Part 2 s 64 Social Security Act 2018 2018 No 32

gency benefit) that MSD would grant to a person entitled to the benefit in cir-
cumstances similar to P’s.
(5) MSD may, on a case-by-case basis, make the grant of an emergency benefit
subject to any conditions imposed by MSD.
Compare: 1964 No 136 s 61

64 Emergency benefit: grant during epidemic in New Zealand

(1) This section applies while a domestic epidemic management notice is in force,
and for any period after it expires that the Minister thinks reasonable.
(2) When this section applies, MSD may, with the written approval of the Minister,
grant emergency benefits to people who would not otherwise be entitled to be
granted emergency benefits.
(3) Payments made under a benefit granted under subsection (2) are subject to
regulations made under section 442(2)(d).
(4) This section overrides every other provision of this Act.
Compare: 1964 No 136 s 61CC(1), (3)

Subpart 10—Accommodation supplement

65 Accommodation supplement: discretionary grant
(1) MSD may grant a person (P), for the period that MSD determines, an accom-
modation supplement if—
(a) P has accommodation costs; and
(b) P meets the assets requirement (as set out in regulations made under sec-
tion 423); and
(c) P is not excluded on either of the following grounds:
(i) the social housing exclusion:
(ii) the other funding exclusion.
(2) In this subpart, unless the context otherwise requires,—
accommodation costs, in relation to any person for any given period,
means,—
(a) in relation to premises rented by the person, the amount payable by the
person for rent of the premises, excluding any service costs included in
that rent and any arrears:
(b) in relation to premises that are owned by the person, the total amount of
all payments (including essential repairs and maintenance, local author-
ity rates, and house insurance premiums, but excluding any service costs
and any arrears) that,—

52
2018 No 32 Social Security Act 2018 Part 2 s 66

(i) subject to clause 18 of Schedule 3, are required to be made under

any mortgage security for money advanced under that security to
acquire the premises, or to repay advances similarly secured; or
(ii) MSD is satisfied are reasonably required to be made:
(c) in relation to a person who is a boarder or lodger in any premises, 62%
of the amount paid for board or lodging (excluding any arrears):
(d) if a person is a joint tenant of, or an owner in common of, any premises
with another person or other persons living in the premises, that appli-
cant’s accommodation costs are the share of the total accommodation
costs of the jointly tenanted, or commonly owned, premises that MSD is
satisfied the person is paying
service costs, in relation to any premises,—
(a) means the cost as reasonably determined by MSD of any services (for
example, electricity supply, gas supply, telephone network connection,
or broadband Internet connection) provided to or in connection with the
premises for consumption or use by the occupants of the premises; but
(b) does not include the cost of water supplied to the premises.
Compare: 1964 No 136 ss 61E, 61EA, 61EC(3)

66 Social housing exclusion

(1) A person is ineligible for an accommodation supplement (on the ground of the
social housing exclusion) if the person’s accommodation costs (as defined in
section 65) include—
(a) rent paid in respect of premises let by or on behalf of Housing New Zea-
land Corporation; or
(b) rent paid in respect of premises let by or on behalf of a registered com-
munity housing provider (but only if that person has been allocated those
premises as social housing); or
(c) payments, required to be made under a mortgage security to Housing
New Zealand Corporation or the Crown in right of Te Puni Kōkiri, that
MSD believes are required to be made at a concessionary rate.
(2) In this section,—
registered community housing provider has the same meaning as in section 2
of the Housing Restructuring and Tenancy Matters Act 1992
social housing has the same meaning as in section 2 of the Housing Restructur-
ing and Tenancy Matters Act 1992.
(3) In this section and section 68,—
premises, in relation to a person,—
(a) means the place that the person occupies as a home; and

53
Part 2 s 67 Social Security Act 2018 2018 No 32

(b) if the person is a boarder or lodger, includes a room, or other accommo-

dation, that the person occupies as a home
tenant, in relation to rented premises, includes a person who pays rent,
whether or not the person is a party to the tenancy agreement or lease of the
premises.
Compare: 1964 No 136 ss 61E(1), 61EA(2)

67 Other funding exclusion

A person (P) is ineligible for an accommodation supplement (on the ground of
the other funding exclusion) if—
(a) P is the spouse or partner of a person who is already receiving an accom-
modation supplement (except as provided in section 68); or
(b) P—
(i) is receiving a basic grant or an independent circumstances grant
under the Student Allowances Regulations 1998 (or under other
regulations made under section 303 of the Education Act 1989);
or
(ii) would be eligible to receive one of those grants if P were to apply
for the grant; or
(iii) would be eligible to receive one of those grants were it not for the
level of income of P or of P’s parent or parents or spouse or part-
ner; or
(c) P is a resident assessed as requiring care in respect of whom a funder is
paying some or all of the cost of contracted care services under section
54, 55, 56, 57, or 58 of the Residential Care and Disability Support Ser-
vices Act 2018; or
(d) P has a psychiatric, intellectual, physical, or sensory disability, and—
(i) P’s accommodation costs are wholly or partly funded under the
New Zealand Public Health and Disability Act 2000; or
(ii) P’s care (other than care in P’s own home) is funded wholly or
partly under that Act; or
(e) P is receiving New Zealand superannuation or a veteran’s pension and
the total income of P and P’s spouse or partner (if any) is more than the
applicable amount specified in Part 2 of Schedule 5.
Compare: 1964 No 136 s 61EA(3), (4)

68 Accommodation supplement: special rules for joint tenants who are in

relationship
(1) If premises are occupied by 2 or more joint tenants that include 1 or more cou-
ples who are in a relationship, then, for the purposes of determining the rate of
an accommodation supplement,—

54
2018 No 32 Social Security Act 2018 Part 2 s 69

(a) each couple is treated as 1 joint tenant; and

(b) despite the definition of accommodation costs in section 65, the accom-
modation costs of that 1 joint tenant are the total of the accommodation
costs of both members of the couple; and
(c) the cash assets and income of that 1 joint tenant are the total of the cash
assets and income respectively of both members of the couple.
(2) In this section, cash assets—
(a) means—
(i) money saved with a bank or other institution, money invested
with a bank or other institution, or money banked with a bank or
other institution:
(ii) money invested in securities, bonds, or debentures, or advanced
on mortgage:
(iii) money withdrawn from a KiwiSaver scheme registered under sub-
part 2 of Part 4 of the Financial Markets Conduct Act 2013:
(iv) money invested in shares in a partnership or limited liability com-
pany or other incorporated or unincorporated body; but
(b) does not include any contributions to, or any member’s interest in, any
KiwiSaver scheme that is registered under subpart 2 of Part 4 of the
Financial Markets Conduct Act 2013; and
(c) does not include any item or kind of cash assets or any amount of cash
assets exempted by regulations made under section 423(1)(b).
Compare: 1964 No 136 ss 61E, 61EB

69 Accommodation supplement: refusal, reduction, or cancellation of grant in

certain circumstances
(1) If MSD is satisfied that an applicant for an accommodation supplement (A), or
A’s spouse or partner, has not realised any assets available for A’s personal use,
MSD may—
(a) refuse to grant an accommodation supplement; or
(b) reduce the rate of any accommodation supplement already granted; or
(c) cancel any accommodation supplement already granted.
(2) For the purposes of this section and the assets requirement in regulations made
under section 423 (see section 65(1)(b)), the assets of A include the assets of
A’s spouse or partner, if any, except in the circumstances specified in section
67(c).
(3) For the period of 12 months after A or A’s spouse or partner receives a speci-
fied lump sum payment, subsection (1) does not apply to that specified lump
sum payment.

55
Part 2 s 70 Social Security Act 2018 2018 No 32

(4) This section does not limit MSD’s discretion to refuse to grant, to reduce the
rate of, or to cancel an accommodation supplement in accordance with the
other provisions of this Act.
(5) In this section, specified lump sum payment means—
(a) a payment of an impairment lump sum under Schedule 1 of the Accident
Compensation Act 2001; or
(b) a lump sum payment of an independence allowance under Part 4 of
Schedule 1 of the Accident Insurance Act 1998.
Compare: 1964 No 136 s 61EC(4), (4A), (5)

Subpart 11—Winter energy payment

70 Winter energy payment: purpose
The purpose of the winter energy payment is to provide targeted financial
assistance to help certain people meet their household heating costs during the
winter period.
Compare: 1964 No 136 s 61FE

71 Winter energy payment: interpretation

In this subpart, section 220, and Part 8 of Schedule 4, unless the context other-
wise requires,—
qualifying benefit means—
(a) a main benefit under this Act; or
(b) New Zealand superannuation; or
(c) veteran’s pension
relevant payment date, for a person who is receiving a qualifying benefit (or a
portion of it), either as the person granted that benefit or as the spouse or part-
ner of that person, for 1 or more days during the winter period, means the date
on which the person is paid a weekly or fortnightly instalment of the person’s
qualifying benefit (or a portion of it) for those days
winter period, for a calendar year, means the 22-week period starting on
1 May.
Compare: 1964 No 136 s 61FF

72 Winter energy payment: requirements

(1) A person is entitled to a winter energy payment for 1 or more days during the
winter period if, for those days,—
(a) the person is receiving a qualifying benefit (or a portion of it), either as
the person granted that benefit or as the spouse or partner of that person;
and
(b) the qualifying benefit (or a portion of it) is payable to the person; and

56
2018 No 32 Social Security Act 2018 Part 2 s 74

(c) the person is not disqualified under subsection (2).

(2) However, the person is not entitled to a winter energy payment for 1 or more
days during the winter period if, for those days,—
(a) the qualifying benefit is payable at a rate prescribed in respect of a per-
son who is in a relationship, and MSD has determined under subsection
(3) that the person’s spouse or partner is entitled to a winter energy pay-
ment; or
(b) the rate of the person’s qualifying benefit is required by section 206(2) to
be reduced to the rate payable to long-term hospital patients, and the
payment has been reviewed under section 304 and terminated under sec-
tion 75 (see also section 309); or
(c) the person is receiving long-term residential care in a hospital or rest
home, and that care is funded, in whole or in part, under the New Zea-
land Public Health and Disability Act 2000; or
(d) the person is receiving residential care services, and those services are
funded, in whole or in part, under the New Zealand Public Health and
Disability Act 2000; or
(e) the person has made, and not revoked, an election not to receive the pay-
ment (see section 73).
(3) If the qualifying benefit is payable at a rate prescribed in respect of a person
who is in a relationship, MSD must determine which 1 of the spouses or part-
ners is (as only 1 of them can be) entitled to a winter energy payment.
Compare: 1964 No 136 s 61FG

73 Winter energy payment: election not to receive

(1) A person entitled to a winter energy payment may make an election not to
receive the payment.
(2) If the payment would be payable at a rate prescribed in respect of a person who
is in a relationship, MSD must be satisfied that the election has been made by
both spouses or partners.
(3) The election must be made, and may be revoked, in a form and manner
approved by MSD.
(4) Unless it is revoked, the election stops the person from being entitled to the
payment for any days after the election is made.
Compare: 1964 No 136 s 61FH

74 Winter energy payment: instalments, rates, and payment

(1) A winter energy payment is payable,—
(a) if the person’s qualifying benefit is a main benefit under this Act,
in 22 weekly instalments; or

57
Part 2 s 75 Social Security Act 2018 2018 No 32

(b) if the person’s qualifying benefit is New Zealand superannuation or a

veteran’s pension, in 11 fortnightly instalments.
(2) The amount of an instalment is ascertained by dividing the appropriate rate per
winter period set out in Part 8 of Schedule 4,—
(a) for recipients of a main benefit under this Act, by 22; or
(b) for recipients of New Zealand superannuation or a veteran’s pension,
by 11.
(3) However, the amount ascertained under subsection (2) must be rounded up to
the nearest whole cent, and then reduced to reflect any 1 or more days of the
week or fortnight covered by the instalment that are days for which—
(a) the person is not entitled to the payment; or
(b) the payment is not payable (for example, under section 220).
(4) An instalment must be paid on the relevant payment date.
(5) This section overrides sections 297, 311(1), and 338.
Compare: 1964 No 136 s 61FI

75 Winter energy payment: termination on review

MSD may terminate a winter energy payment if satisfied, after reviewing the
payment under section 304 (see also section 309), that—
(a) 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
(b) continuing the payment is not consistent with the purpose stated in sec-
tion 70.
Compare: 1964 No 136 s 81(5)

Subpart 12—Childcare assistance

76 Childcare assistance: purpose
The purpose of childcare assistance is to provide targeted financial assistance
to help certain people meet the costs of childcare.
Compare: 1964 No 136 s 61GA(1)

77 Childcare assistance: eligibility

The principal caregiver of a dependent child is eligible for childcare assistance
at the prescribed rate if that caregiver meets the criteria and other requirements
set out in regulations made under section 424.
Compare: 1964 No 136 s 61GA(2)

58
2018 No 32 Social Security Act 2018 Part 2 s 80

Subpart 13—Child disability allowance

78 Child disability allowance: discretionary grant
(1) MSD may grant a child disability allowance for a child (C) if C—
(a) is a child with a serious disability; and
(b) is being cared for—
(i) in the home of C’s principal caregiver; or
(ii) in approved weekly accommodation (and the child is cared for by
C’s parent or guardian during school holidays or weekends).
(2) In subsection (1), approved weekly accommodation means accommoda-
tion—
(a) that is operated by an approved voluntary organisation; and
(b) the cost of which C’s parent or guardian is required to contribute to.
Compare: 1964 No 136 s 39A(3)

79 Meaning of child with a serious disability

(1) In this subpart, child with a serious disability means a dependent child who—
(a) has a disability; and
(b) because of that disability needs constant care and attention; and
(c) is likely to need such care and attention permanently or for a period
exceeding 12 months.
(2) In determining for subsection (1)(b) whether a child needs constant care and
attention, MSD must consider whether the child (C) requires from another per-
son—
(a) frequent attention in connection with C’s bodily functions; or
(b) substantially more attention and supervision than is normally required by
a child of the same age and sex; or
(c) regular supervision in order to avoid substantial danger to C or to others.
Compare: 1964 No 136 s 39A(1), (2)

80 Child disability allowance: MSD may require medical certificate

MSD may require that an application for a child disability allowance be sup-
ported by a medical certificate that certifies whether or not, in the opinion of a
prescribed health practitioner, the child is a child with a serious disability
within the meaning of section 79.
Compare: 1964 No 136 s 39C(1)

59
Part 2 s 81 Social Security Act 2018 2018 No 32

81 Child disability allowance: MSD may require medical examination

Before granting a child disability allowance, MSD may require the child to be
examined by a prescribed health practitioner nominated for the purpose by
MSD.
Compare: 1964 No 136 s 39C(2)

82 Child disability allowance: payment

MSD may pay a child disability allowance granted under section 78(1) to the
principal caregiver for the child or, if there is no such person, to the person for
the time being having the care and control of the child.
Compare: 1964 No 136 s 39E

83 Child disability allowance: not payable with other assistance or pension

A child disability allowance is not payable in addition to—
(a) any benefit granted to the child under this Act (except an orphan’s bene-
fit, an unsupported child’s benefit, or a disability allowance):
(b) any pension or allowance granted to the child under the Veterans’ Sup-
port Act 2014 (except a children’s pension):
(c) weekly compensation payable to the child under the Accident Compen-
sation Act 2001.
Compare: 1964 No 136 s 39D

Subpart 14—Disability allowance

84 Meaning of disability
In this subpart, disability has the same meaning as in section 21(1)(h) of the
Human Rights Act 1993.
Compare: 1964 No 136 s 69C(8)

85 Disability allowance: discretionary grant

(1) MSD may grant a disability allowance to or on account of a person who—
(a) meets the criteria for eligibility in subsection (2) (or to the dependent
spouse or dependent child of that person); or
(b) falls into a special category of eligibility specified in regulations made
under section 425.
(2) The criteria for eligibility are that—
(a) the person has a disability that has resulted in a reduction of the person’s
independent function to the extent that the person requires—
(i) ongoing support to undertake the everyday functions of life; or
(ii) ongoing supervision or treatment by a health practitioner; and
(b) the disability is likely to continue for at least 6 months; and

60
2018 No 32 Social Security Act 2018 Part 2 s 86

(c) either—
(i) the person is receiving a main benefit under this Act; or
(ii) the person’s income (including the income of the person’s spouse
or partner and any New Zealand superannuation or veteran’s pen-
sion payable to the person or the person’s spouse or partner) is
less than the appropriate amount in Part 3 of Schedule 5; and
(d) the person has additional expenses of an ongoing kind arising from the
person’s disability (subject to clause 19 of Schedule 3) and the assistance
towards those expenses available under this Act or any other enactment
is insufficient to meet them.
(3) Regulations made under section 425 may override subsection (1) of this section
by requiring MSD to grant a disability allowance to or on account of a person
who falls into a special category of eligibility specified in those regulations.
(4) In this section, health practitioner—
(a) has the same meaning as in section 5(1) of the Health Practitioners Com-
petence Assurance Act 2003; and
(b) includes a person who is receiving training or gaining experience under
the supervision of a health practitioner.
Compare: 1964 No 136 s 69C(1), (2), (2A), (8)

86 Disability allowance: excluded expenses

(1) A disability allowance is not payable in respect of—
(a) expenses arising from the disability of a person who is a resident
assessed as requiring care in respect of whom a funder is paying some or
all of the cost of contracted care services under section 54, 55, 56, 57,
or 58 of the Residential Care and Disability Support Services Act 2018;
or
(b) expenses arising from the disability of a person that are costs of residen-
tial care services provided to the person if—
(i) the person has a psychiatric, intellectual, physical, or sensory disa-
bility; and
(ii) the person’s accommodation costs or care (other than care in the
person’s own home) is wholly or partly funded under the New
Zealand Public Health and Disability Act 2000.
(2) Regulations made under section 426 (use of disability allowance to fund speci-
fied expenses) must not be inconsistent with this section.
Compare: 1964 No 136 s 69C(2B)

61
Part 2 s 87 Social Security Act 2018 2018 No 32

87 Disability allowance: refusal, reduction, or cancellation of grant in certain

circumstances
Despite anything to the contrary in section 85, MSD may refuse to grant a disa-
bility allowance or may cancel a disability allowance or may grant a disability
allowance at a reduced rate if, in respect of a disability that gives rise to an
application for a disability allowance, the applicant is receiving—
(a) a disablement pension under Part 3, or an entitlement under Part 4, of the
Veterans’ Support Act 2014; or
(b) an entitlement under the Accident Compensation Act 2001; or
(c) a pension, or a periodical allowance, that—
(i) is granted elsewhere than in New Zealand; and
(ii) is analogous to an entitlement to medical treatment or rehabilita-
tion or other cost of disability-related items under Part 5 of the
Veterans’ Support Act 2014 or under the Accident Compensation
Act 2001; or
(iii) is otherwise analogous to a disability allowance.
Compare: 1964 No 136 s 69C(4)

88 Disability allowance: medical examination

Before granting a disability allowance, MSD may require the applicant (or the
spouse or partner or child of the applicant, whichever applies) to be examined
by a prescribed health practitioner appointed by MSD.
Compare: 1964 No 136 s 69C(3)

89 Special disability allowance: entitlement in special circumstances

(1) This section applies to a person who—
(a) is in a relationship; and
(b) is receiving—
(i) New Zealand superannuation or a veteran’s pension; or
(ii) a supported living payment on the ground of restricted work cap-
acity or total blindness; or
(iii) jobseeker support; or
(iv) a related emergency benefit; and
(c) has a spouse or partner who is—
(i) a patient in a hospital and who is receiving a reduced benefit
under section 206; or
(ii) a qualifying person or a special case person (within the meaning
of section 5 of the Residential Care and Disability Support Ser-
vices Act 2018), and in respect of whom a funder is paying some

62
2018 No 32 Social Security Act 2018 Part 2 s 90

or all of the cost of contracted care services under section 54, 55,
56, 57, or 58 of that Act.
(2) MSD must grant a special disability allowance at the rate specified in clause 3
in Part 9 of Schedule 4 to a person to whom this section applies for the purpose
of assisting with expenses arising from the hospitalisation of the person’s
spouse or partner.
Compare: 1964 No 136 s 69C(5)

Subpart 15—Funeral grants

90 Funeral grant: general eligibility and definitions
(1) MSD may pay a funeral grant in respect of a deceased person if the person
meets the criteria in section 91, 92, or 93.
(2) In this subpart, unless the context otherwise requires,—
assessable estate means the estate of a deceased person, including a deceased
child; but does not include—
(a) any asset that MSD considers is impracticable to realise; or
(b) any administration expenses; or
(c) any non-assessable assets, if section 91 or 93 applies
child includes a still-born child as defined in section 2 of the Births, Deaths,
Marriages, and Relationships Registration Act 1995
non-assessable assets, in relation to a deceased person, a spouse or partner, or
the parents or any other person who was liable in law to maintain a deceased
child on the date of death, are—
(a) that person’s estate or interest, on the date of death of the deceased, in
the person’s own principal place of residence, including any estate or
interest in the land on which it is erected, and any other buildings or
improvements on that land that are used mainly for the purposes of that
person’s household; and
(b) chattels that the person owned or that were in the person’s possession
under a hire purchase agreement, a conditional sale agreement, or an
agreement for lease or hire, on the date of death of the deceased, and that
are—
(i) furniture, appliances, tools, ornaments, or other articles used
mainly for the purposes of the deceased’s household; or
(ii) motor vehicles, caravans, trailers, or boats used mainly for family
purposes; and
(c) any undivided beneficial interest in common in Māori land.

63
Part 2 s 91 Social Security Act 2018 2018 No 32

(3) In sections 91 and 93, the annual income of any person is that person’s estima-
ted income for the 52-week period commencing on the day following the date
of death of the deceased in respect of whom the application is made.
(4) This section is subject to section 94 (restrictions on payments).
Compare: 1964 No 136 ss 61D, 61DA, 61DB, 61DC, 61DD

91 Funeral grant: eligibility if deceased person has dependants

A deceased person meets the criteria in this section if—
(a) the person is survived by—
(i) a spouse or partner; or
(ii) a child or children whom the person is liable in law to maintain;
or
(iii) any other dependent child or dependent children (whether depend-
ent on the deceased or any other person) aged 16 years or 17 years
of whom the deceased person was the parent; and
(b) the person’s funeral expenses cannot be paid from the total of—
(i) the person’s assessable estate before the payment of any other
debts; and
(ii) the assets, other than non-assessable assets, of any spouse or part-
ner who survives the deceased person in excess of the amount in
clause 2 of Part 1 of Schedule 5; and
(c) the annual income of any spouse or partner who survives the deceased
person is less than 52 times the appropriate amount in Part 2 of Schedule
5.
Compare: 1964 No 136 s 61DB

92 Funeral grant: eligibility if deceased person has no dependants

A deceased person meets the criteria in this section if—
(a) the person is not a child; and
(b) the person’s funeral expenses cannot be paid from the person’s assessa-
ble estate before the payment of any other debts.
Compare: 1964 No 136 s 61DC

93 Funeral grant: eligibility if deceased person is child

A deceased person meets the criteria in this section if—
(a) the person is a child; and
(b) the person’s funeral expenses cannot be paid from the total of—
(i) the deceased person’s assessable estate before the payment of any
other debts; and

64
2018 No 32 Social Security Act 2018 Part 2 s 96

(ii) the combined assets, other than non-assessable assets, of the per-
son’s parents, or of any other person or persons, who were liable
in law to maintain the deceased person on the date of death in
excess of the amount in clause 2 of Part 1 of Schedule 5; and
(c) the combined annual income of the person’s parents, or any other person
or persons, who were liable in law to maintain the deceased child on the
date of death is less than 52 times the appropriate amount in Part 2 of
Schedule 5.
Compare: 1964 No 136 s 61DD

94 Funeral grant: restrictions on payment

A funeral grant is not payable under section 90 if—
(a) clause 64 of Schedule 1 of the Accident Compensation Act 2001 or sub-
part 8 of Part 5 of the Veterans’ Support Act 2014 applies in respect of
the deceased person; or
(b) a payment under section 174 of the Veterans’ Support Act 2014 is pay-
able in respect of the deceased person; or
(c) a payment under Part 5 of the Veterans’ Support Act 2014 is payable in
respect of the deceased person; or
(d) the deceased person, including a deceased child, was not ordinarily resi-
dent in New Zealand on the date of death.
Compare: 1964 No 136 s 61DA

Subpart 16—Hardship assistance

95 Temporary additional support: purpose
The purpose of temporary additional support is to provide temporary financial
assistance as a last resort to alleviate the financial hardship of people whose
essential costs cannot be met from their chargeable income and other resources,
while ensuring that people seeking or granted that assistance take reasonable
steps to reduce their costs or increase their chargeable incomes.
Compare: 1964 No 136 s 61G(1)

96 Temporary additional support: requirements

(1) A person (P) is entitled to temporary additional support if—
(a) P’s chargeable income is less than P’s essential costs; and
(b) P has cash assets of not more than the prescribed amount; and
(c) P meets any prescribed criteria and any other requirements set out in
regulations made under section 428.
(2) However, temporary additional support must not be granted in respect of the
cost of residential care services supplied to a person who has a psychiatric,
intellectual, physical, or sensory disability if—

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Part 2 s 97 Social Security Act 2018 2018 No 32

(a) the person’s accommodation costs are wholly or partly funded under the
New Zealand Public Health and Disability Act 2000; or
(b) the person’s care (other than care in the person’s own home) is wholly or
partly funded under the New Zealand Public Health and Disability Act
2000.
(3) Temporary additional support granted under subsection (1) must be granted in
the prescribed amount and for the prescribed period.
(4) This section is subject to clause 20 (how commitments for temporary addi-
tional support may be affected by debt, or health or disability, insurance pay-
ment) of Schedule 3.
Compare: 1964 No 136 s 61G(2), (3), (4)

97 Temporary additional support: refusal, reduction, or cancellation of grant

in certain circumstances
(1) This section applies in respect of an applicant for temporary additional support
if MSD is at any time satisfied that a person who is the applicant, or the appli-
cant’s spouse or partner, has—
(a) arranged that person’s financial affairs in order to qualify for temporary
additional support; or
(b) failed to take reasonable steps to reduce that person’s costs or increase
that person’s chargeable income; or
(c) failed to take all necessary steps to obtain any assistance towards that
person’s essential costs from any other source from which that person
may be entitled to assistance.
(2) If this section applies, MSD may—
(a) refuse to grant temporary additional support; or
(b) grant temporary additional support at a reduced rate; or
(c) reduce the rate of temporary additional support already granted; or
(d) cancel any temporary additional support already granted.
Compare: 1964 No 136 s 61G(5), (6)

98 Interpretation
In this subpart and in section 428,—
allowable costs has the meaning prescribed in regulations made under section
428, but does not include standard costs
applicant includes a recipient of temporary additional support
cash assets has the meaning prescribed in regulations made under section 428
chargeable income has the meaning prescribed in regulations made under sec-
tion 428
essential costs means the sum of a person’s allowable costs and standard costs

66
2018 No 32 Social Security Act 2018 Part 2 s 100

standard costs has the same meaning as in section 428(2)(b)

tax credit means a credit of tax, or an amount, received under—
(a) subparts MA to MG and MZ of the Income Tax Act 2007; or
(b) subpart KD of the Income Tax Act 2004; or
(c) subpart KD of the Income Tax Act 1994.
Compare: 1964 No 136 s 61G(7)

Subpart 17—Special assistance

99 Overseas epidemics affecting visitors to New Zealand: Minister may give
overseas epidemic management notice
(1) The Minister may, by written notice, declare that the effects of an outbreak out-
side New Zealand of a stated quarantinable disease are likely to cause hardship
to people temporarily in New Zealand by preventing or hindering their prompt
return to stated places.
(2) The notice comes into force on its commencement, and expires on the earliest
of the following:
(a) the day 3 months after its commencement:
(b) a day stated in the notice:
(c) a day stated by the Minister by further written notice.
(3) Before or after the notice expires, the Minister can give a new notice in respect
of the same disease.
(4) The Minister must not give the notice except on, and after considering, the
written recommendation of the chief executive of the Ministry of Health.
(5) In subsection (1), quarantinable disease has the same meaning as in section
2(1) of the Health Act 1956.
Compare: 1964 No 136 s 61CE

100 Special assistance for visitors affected by overseas epidemics

(1) The Minister may, in respect of any period for which an overseas epidemic
management notice is in force, by written notice establish programmes of spe-
cial assistance for visitors to New Zealand who are prevented or hindered from
returning promptly to places stated in the notice by the outbreak outside New
Zealand of the disease stated in the notice.
(2) The notice must state—
(a) the criteria for determining which people are given assistance; and
(b) any maximum amounts of assistance to be given; and
(c) if different amounts of assistance may be given to different people, the
criteria for determining how much assistance people are given; and
(d) for how long assistance may be given; and

67
Part 2 s 101 Social Security Act 2018 2018 No 32

(e) any conditions subject to which assistance is to be given.

(3) The programme, and the matters stated in the notice establishing it, override
every other provision of this Act.
(4) The Crown may incur, without further appropriation than this subsection,
expenses or capital expenditure for the purpose of providing special assistance
under this section.
Compare: 1964 No 136 ss 61CF, 124(1C)

101 Approved special assistance programmes

(1) The Minister may from time to time, by written notice, approve and establish
welfare programmes for the purpose of granting special assistance.
(2) A welfare programme approved and established by the Minister under subsec-
tion (1)—
(a) must be administered by MSD; and
(b) may provide for any specified provision of this Act to apply to the pro-
gramme and to any specified class or classes of person as if the special
assistance authorised by the programme were a benefit under this Act.
(3) This section is subject to clause 21 (how costs, etc, for approved programme of
special assistance may be affected by debt, or health or disability, insurance
payment) of Schedule 3.
Compare: 1964 No 136 s 124(1)(d), (1A), (1B)

102 Special assistance: status of, and access to, notices

(1) A notice given under section 99, 100, or 101,—
(a) must, as soon as practicable after it is given, be—
(i) published on an Internet site administered by or on behalf of
MSD; and
(ii) notified in the Gazette; and
(b) must, each time it is amended without also being replaced, also as soon
as practicable after it is amended, be published—
(i) on an Internet site administered by or on behalf of MSD; and
(ii) as at a stated date; and
(iii) incorporating amendments up to that date; and
(c) is not a legislative instrument, but is a disallowable instrument, for the
purposes of the Legislation Act 2012, and must be presented to the
House of Representatives not only—
(i) as soon as practicable after it is given; but also
(ii) under section 41 of that Act.

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2018 No 32 Social Security Act 2018 Part 2 s 103

(2) A notification in the Gazette for the purpose of subsection (1)(a)(ii) does not
have to include the text of the notice.
Compare: 1964 No 136 s 124(1B)

Subpart 18—Extended payment of benefits for children aged 18 years or

over who continue education
103 Provisions relating to children aged 18 years or over who continue
education
(1) This section applies where a child (C) aged 18 years—
(a) is not financially independent; and
(b) is attending school or a tertiary educational establishment.
(2) Despite C being 18, MSD may 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)—
(a) grant or continue to pay an orphan’s benefit or unsupported child’s bene-
fit in respect of C:
(b) pay any other benefit at the appropriate rate that includes C as a depend-
ent child of the beneficiary.
Compare: 1964 No 136 s 63A

Part 3
Obligations
Contents
Page
Subpart 1—Introduction
Guide to this Part
104 What this Part does 73
105 Failure to comply with obligation under this Part 73
Subpart 2—MSD’s obligations
Steps to make people affected aware of their obligations, etc
106 MSD must make people affected aware of their obligations, 73
consequences of non-compliance, and their review and appeal
rights
Steps to explain overseas absence rules
107 MSD must explain rules relating to absence from New Zealand 74
Steps to assist compliance with overseas pensions obligations
108 MSD must assist in relation to obtaining overseas pension, etc 74

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Part 2 s 103 Social Security Act 2018 2018 No 32

Subpart 3—Beneficiaries’ obligations

Beneficiaries: general and specific obligations
109 Outline of beneficiary’s general and specific obligations 74
110 When obligations apply 75
General obligations: holding, and giving details of, bank account
111 Beneficiary must hold, and give MSD details of, bank account 75
General obligations: supplying tax file number
112 Beneficiary must supply tax file number 76
General obligations: notification of change of circumstances
113 Beneficiary must notify change of circumstances 76
Specific obligations: notification of absence from New Zealand
114 Obligation to notify absence from New Zealand 77
Specific obligations: work ability assessment
115 Obligation to undergo work ability assessment 77
116 Persons subject to work ability assessment 77
117 Persons not subject to work ability assessment 77
118 Work ability assessment 78
119 Person who fails to comply with requirement to undergo work 78
ability assessment is subject to sanction
Specific obligations: work preparation
120 Work-preparation obligations 79
121 Persons subject to work-preparation obligations 79
122 Persons not subject to work-preparation obligations 80
123 Persons subject to work-preparation obligations if sufficient 80
capacity to comply
124 General obligation to take all steps to prepare for employment 80
125 Work-preparation obligations as required by MSD 80
126 Person who fails to comply with work-preparation obligation 81
subject to sanction
Specific obligations: social obligations
in relation to dependent children
127 Obligations in relation to dependent children 81
128 Obligations of beneficiary in relation to dependent children 81
129 Obligations of spouse or partner of beneficiary in relation to 81
dependent children of beneficiary
130 Obligations of spouse or partner of beneficiary in relation to 82
dependent children of spouse or partner
131 Attendance of dependent child aged 3 to 5 years at early childhood 82
education programme

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2018 No 32 Social Security Act 2018 Part 2 s 103

132 Attendance of dependent child aged 5 or 6 years at early childhood 82

education programme or registered school
133 Attendance of dependent child aged 6 to 15 years at registered 83
school
134 Health care enrolment and compliance with core health checks 83
135 Interviews and reporting 83
136 Person who fails to comply with obligations in relation to 84
dependent children is subject to sanction
137 Definitions and attendance: regulations made under section 430 84
Specific obligations: work-test obligations
138 Work-test obligations 84
139 Purpose of sections 140 to 154 84
140 Persons subject to work-test obligations 85
141 Jobseeker support: work capacity determination and work test 85
142 Person not subject to work-test obligations 86
143 Time when work-test obligation applies 86
144 General obligation to be available for suitable employment, etc 87
145 Meaning of suitable employment 87
146 Work-test obligations as required by MSD 87
147 Obligation to undertake and pass drug test 88
148 Compliant drug test defined 88
149 Failing drug test 89
150 Use of drug test result 89
151 Costs of drug test 89
152 Definitions for drug-testing provisions 89
153 Person who fails to comply with work-test obligations is subject to 90
sanction
154 Deemed failure to comply with work-test obligation 91
Deferral of work-test obligations
155 Deferral of work-test obligations 91
156 Effect of deferral of work-test obligations 91
Exemptions: work-preparation, work-test, and other obligations
157 Regulations may specify categories of exempt persons and grounds 91
for exemption
158 MSD may grant exemption from work-preparation, work-test, or 92
other obligation
159 Donors of qualifying organs exempt from work-preparation, work- 92
test, or other obligation while recuperating
160 Procedure for grant of exemption 92
161 Person who fails to comply with requirement to attend interview is 92
subject to sanction

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Part 2 s 103 Social Security Act 2018 2018 No 32

Specific obligations: young person granted youth support payment

162 Obligations of young person granted youth support payment 93
163 When education obligation or training obligation begins for young 94
parent
Specific obligations: social obligations of young person granted
young parent payment
164 Obligations of young person granted young parent payment 95
Specific obligations: young person aged 18 or 19 years who is
receiving jobseeker support and who is at significant risk of long-
term welfare dependency
165 Young person aged 18 or 19 years who is receiving jobseeker 95
support in young person’s own right and who is at significant risk
of long-term welfare dependency
Obligations of, and incentives for, young person who is
spouse or partner of beneficiary
166 Young person aged 16 or 17 years who has no dependent child and 97
who is spouse or partner of specified beneficiary
167 Young person aged 16 to 19 years who has dependent child and 98
who is spouse or partner of specified beneficiary
168 Young person aged 18 or 19 years, who is receiving jobseeker 100
support as spouse or partner of person granted that benefit, or who
is work-tested spouse or partner of specified beneficiary, and who
is at significant risk of long-term welfare dependency
169 Interpretation 101
Specific obligations: obligation to
work with contracted service providers
170 Obligation to work with contracted service providers 102
171 Person who fails to comply with requirement under section 170(2) 102
subject to sanction
General obligations: obligations in relation to overseas pensions
172 Interpretation 103
173 Applicant for benefit, etc, to take reasonable steps to obtain 103
overseas pension
174 MSD may give notice requiring person to take reasonable steps to 103
obtain overseas pension
175 MSD may give notice requiring person to take reasonable steps to 104
obtain overseas pension for dependant
176 Failure to comply with MSD’s notice given under section 178 or 104
179
177 Applicant for benefit must provide information as to rate of 104
overseas pension

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2018 No 32 Social Security Act 2018 Part 3 s 106

178 MSD may give notice requiring beneficiary to provide information 105
as to rate of overseas pension
179 Failure to comply with MSD’s notice given under section 178 105
180 Meaning of rate 105
Miscellaneous
181 Application of health and safety legislation, etc 106
182 Obligations suspended where MSD has exercised discretion to pay 106
benefit while beneficiary overseas

Subpart 1—Introduction
Guide to this Part
104 What this Part does
This Part sets out the obligations of—
(a) MSD:
(b) beneficiaries and their partners.

105 Failure to comply with obligation under this Part

(1) A person who is subject to an obligation under this Part and who fails to com-
ply with that obligation without good and sufficient reason is liable to a sanc-
tion under Part 5.
(2) Subsection (1) does not apply to MSD.
Compare: 1964 No 136 s 170(5)

Subpart 2—MSD’s obligations

Steps to make people affected aware of their obligations, etc
106 MSD must make people affected aware of their obligations, consequences
of non-compliance, and their review and appeal rights
MSD must take reasonable and appropriate steps to make a person to whom an
obligation under this Part applies—
(a) aware of that obligation; and
(b) aware of the consequences of failure to comply with that obligation and,
in particular, the sanctions that may be imposed under Part 5; and
(c) aware of that person’s rights under sections 391 and 397 to review and
appeal decisions relating to the obligation.
Compare: 1964 No 136 ss 60GAG(2), 60R, 60RB, 100D, 105C, 172

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Part 3 s 107 Social Security Act 2018 2018 No 32

Steps to explain overseas absence rules

107 MSD must explain rules relating to absence from New Zealand
MSD must take reasonable and appropriate steps to explain, to every person
who is, or appears to MSD to be likely to be, affected by them,—
(a) the rules about absence from New Zealand contained in the following
provisions:
(i) section 219 (general rule: benefit not payable while beneficiary
absent from New Zealand):
(ii) regulations made under section 436 (regulations that contain
exceptions, and other contrary or related provisions); and
(b) how those rules do or may affect payment of benefits.
Compare: 1964 No 136 s 77A

Steps to assist compliance with overseas pensions obligations

108 MSD must assist in relation to obtaining overseas pension, etc
MSD must take all reasonable steps to assist any person to comply with that
person’s obligations under sections 173 and 177.
Compare: 1964 No 136 s 69I

Subpart 3—Beneficiaries’ obligations

Beneficiaries: general and specific obligations
109 Outline of beneficiary’s general and specific obligations
(1) The general obligations of a beneficiary, that is, obligations that apply to all
beneficiaries, are the following:
(a) the obligation to hold, and give MSD details of, a bank account (see sec-
tion 111):
(b) the obligation to supply a tax file number (see section 112):
(c) the obligation to notify a change of circumstances (see section 113).
(2) The specific obligations that apply to some beneficiaries only, are the follow-
ing:
(a) the obligation to notify absence from New Zealand (see section 114):
(b) the obligation to undergo work ability assessments (see sections 115 to
119):
(c) work-preparation obligations (see sections 120 to 126):
(d) obligations in relation to dependent children (see sections 127 to 137):
(e) work-test obligations (see sections 138 to 156):
(f) youth payment obligations (see sections 162 and 163):

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2018 No 32 Social Security Act 2018 Part 3 s 111

(g) young parent obligations (see sections 164 and 169):

(h) obligations under section 165(7) of a young person aged 18 or 19 years
who is receiving jobseeker support, who is at significant risk of long-
term welfare dependency (see sections 165 and 169), and who is
required under section 165(2) to receive youth services:
(i) obligations (including relating to instruction, education, training, or
learning) of a young person who is the spouse or partner of a beneficiary
(see sections 166, 167, and 169):
(j) obligations (including relating to youth services) of a young person who
is the spouse or partner of a beneficiary (see sections 168 and 169):
(k) the obligation to work with contracted service providers (see sections
170 and 171):
(l) obligations in relation to overseas pensions (see sections 172 to 180).

110 When obligations apply

An obligation applies from the time that the benefit in question is paid, except
in the case of—
(a) the applicant’s or beneficiary’s obligation to hold, and give MSD details
of, a bank account (see section 111); and
(b) the section 162(1)(a) education or training obligation of a young parent
who is the principal caregiver of that young parent’s youngest dependent
child who is under 12 months old (see section 163(2)).
Compare: 1964 No 136 ss 82(7), 170(3), (4)

General obligations: holding, and giving details of, bank account

111 Beneficiary must hold, and give MSD details of, bank account
(1) It is a condition of every benefit, unless MSD in a particular case determines
otherwise, that the applicant or beneficiary must, by the deadline (specified by
regulations made under section 438(2)(a)(ii)) for receipt by MSD of any sup-
porting evidence reasonably required by MSD,—
(a) give MSD details of an existing suitable bank account held by the appli-
cant or beneficiary; or
(b) open a bank account, if the applicant or beneficiary does not hold one,
and give MSD details of it.
(2) Bank account, in this section, means an account with a bank that is a regis-
tered bank (as defined in section 2(1) of the Reserve Bank of New Zealand Act
1989), a private savings bank, a credit union, a building society, or a non-bank
deposit taker (as defined in section 5 of the Non-bank Deposit Takers Act
2013).
Compare: 1964 No 136 s 82(7); 1994 No 166 s 184A(4); 2006 No 40 s 221(4)

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Part 3 s 112 Social Security Act 2018 2018 No 32

General obligations: supplying tax file number

112 Beneficiary must supply tax file number
(1) MSD may in writing request an applicant for a benefit or a beneficiary to pro-
vide evidence, to the satisfaction of MSD, of the tax file number of the appli-
cant or beneficiary.
(2) MSD may refuse to grant a benefit and must suspend payment of a benefit if
satisfactory evidence of the tax file number of the applicant or the beneficiary
is not received within 10 working days after the date on which the request is
made (the deadline).
(3) MSD may in writing extend the deadline if an applicant or a beneficiary pro-
vides a reasonable explanation for not providing the evidence within the dead-
line.
(4) This section does not apply to a beneficiary who is unable to provide satisfac-
tory evidence of the beneficiary’s tax file number within the deadline or exten-
ded deadline specified because of any health condition, injury, or disability.
(5) In this section, tax file number has the same meaning as in section YA 1 of the
Income Tax Act 2007.
Compare: 1964 No 136 s 82A

General obligations: notification of change of circumstances

113 Beneficiary must notify change of circumstances
(1) A beneficiary must without delay notify MSD of a change in the beneficiary’s
circumstances if—
(a) the change affects the beneficiary’s entitlement to receive a benefit; or
(b) the change affects the rate of a benefit the beneficiary receives.
(2) Examples of a change in a beneficiary’s circumstances include—
(a) a change in the beneficiary’s relationship status, number of children,
income, accommodation, or employment:
(b) a change in the relationship status, income, accommodation, or employ-
ment of the beneficiary’s spouse or partner:
(c) the beneficiary or his or her spouse or partner becoming entitled to an
overseas pension.
(3) In subsection (2)(a), a change in the beneficiary’s relationship status means
the beneficiary’s—
(a) entering into a marriage, civil union, or de facto relationship; or
(b) ceasing to live together with, or separating from, a spouse or civil union
partner; or

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2018 No 32 Social Security Act 2018 Part 3 s 117

(c) ceasing to live together (as a couple in a relationship in the nature of

marriage or civil union) with, or separating from, a de facto partner; or
(d) ceasing to be in a marriage, civil union, or de facto relationship, because
it has ended by reason of an event not specified in paragraph (b) or (c)
(for example, by dissolution, or on a spouse’s or partner’s death).
Compare: 1964 No 136 s 80A

Specific obligations: notification of absence from New Zealand

114 Obligation to notify absence from New Zealand
(1) A beneficiary who intends to be absent from New Zealand must before leaving
New Zealand notify MSD of the beneficiary’s intended absence.
(2) However, subsection (1) does not apply to a person who receives a benefit pay-
able under—
(a) subpart 11 of Part 2 (winter energy payment); or
(b) sections 21 to 35 of the New Zealand Superannuation and Retirement
Income Act 2001; or
(c) sections 176 to 196 of the Veterans’ Support Act 2014; or
(d) any reciprocity agreement with another country adopted by an order
made under section 380.
Compare: 1964 No 136 ss 61FJ(3), 77(6), (9)

Specific obligations: work ability assessment

115 Obligation to undergo work ability assessment
Sections 116 to 119 set out the obligation of a person to undergo a work ability
assessment.

116 Persons subject to work ability assessment

The following persons must comply with a requirement under section 118 by
MSD that they undergo a work ability assessment:
(a) a person who receives any of the following benefits: jobseeker support,
sole parent support, a supported living payment (except as provided in
section 117), or an emergency benefit; or
(b) the spouse or partner of a person listed in paragraph (a).
Compare: 1964 No 136 s 100B(1)

117 Persons not subject to work ability assessment

MSD must not require a person who receives a supported living payment on
the ground of restricted work capacity to undergo a work ability assessment if,
in MSD’s opinion, that person—
(a) is terminally ill; or

77
Part 3 s 118 Social Security Act 2018 2018 No 32

(b) has little or no capacity for work, and the person’s condition is deterio-
rating or not likely to improve.
Compare: 1964 No 136 s 100B(2)

118 Work ability assessment

(1) MSD may at any time require a person to whom this section applies to attend
and participate in a work ability assessment to determine, or help determine, all
or any of the following matters:
(a) whether the person is entitled to a benefit and, if so, what kind of bene-
fit:
(b) if a person granted jobseeker support is subject to a work-test obligation,
whether that obligation should be deferred:
(c) if a person is granted jobseeker support on the ground of health condi-
tion, injury, or disability, whether that person has the capacity for part-
time work:
(d) whether the person should be exempted from a work-preparation or
work-test obligation:
(e) whether the person has the capacity to comply with a work-preparation
or work-test obligation:
(f) what is suitable employment for the person for the purposes of section
145:
(g) what are suitable activities for the person for the purposes of section
125(d) or 146(1)(d):
(h) what assistance and supports are necessary for the person to obtain
employment.
(2) The assessment must be made in accordance with the procedure determined by
MSD.
(3) A person who has been assessed under subsection (1) may be required by MSD
to undergo a reassessment under that subsection as MSD thinks appropriate.
Compare: 1964 No 136 ss 100B(3), (4), 100C(1), (2)

119 Person who fails to comply with requirement to undergo work ability
assessment is subject to sanction
A person (P) is subject to a sanction under section 236, 237, or 238 if MSD is
satisfied that P has, without a good and sufficient reason, failed to comply with
a requirement under section 118 to attend and participate in a work ability
assessment or reassessment.
Compare: 1964 No 136 s 116B(1)(d)

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2018 No 32 Social Security Act 2018 Part 3 s 121

Specific obligations: work preparation

120 Work-preparation obligations
(1) Sections 121 to 126 set out a person’s work-preparation obligations.
(2) Those obligations are intended—
(a) to facilitate the movement into ongoing employment (as their parenting
responsibilities and individual circumstances allow) of beneficiaries to
whom those obligations apply; and
(b) to provide opportunities for them to improve their capabilities and prep-
aration for employment; and
(c) to improve social and economic outcomes for them and their dependent
children.
Compare: 1964 No 136 s 60P

121 Persons subject to work-preparation obligations

The following persons must comply with section 124 and may be required to
do any of the things set out in section 125:
(a) a person who receives sole parent support and whose youngest depend-
ent child is under the age of 3 years:
(b) a person who would receive sole parent support but has a dependent
child under 12 months old and receives jobseeker support instead solely
because that child is an additional dependent child (as defined in section
222):
(c) a person who is a work-tested beneficiary and who has been granted
under regulations made under section 431 a deferral of that person’s
work-test obligations:
(d) a person who—
(i) is the spouse or partner of a person who—
(A) receives an emergency benefit or jobseeker support paid at
a work-test couple rate; and
(B) has a youngest dependent child aged under 3 years; and
(ii) is not the spouse or partner of a young person to whom section
166 or 167 applies:
(e) the spouse or partner of a person who—
(i) receives a supported living payment on the ground of restricted
work capacity or total blindness; and
(ii) has a youngest dependent child aged under 3 years:
(f) a person under the age of 65 granted an emergency benefit under section
17(2)(c) of the New Zealand Superannuation and Retirement Act 2001.
Compare: 1964 No 136 ss 20E(a), 40G(1), (2)(a), 60Q(1), (1A), 88G(a), 61A(1)

79
Part 3 s 122 Social Security Act 2018 2018 No 32

122 Persons not subject to work-preparation obligations

The following persons are not required to comply with section 124 and must
not be required to do any of the things set out in section 125:
(a) a person who is a work-tested beneficiary:
(b) a person who is currently exempted under section 158(1) from all the
person’s work-test obligations.
Compare: 1964 No 136 s 60Q(1)

123 Persons subject to work-preparation obligations if sufficient capacity to

comply
(1) The following persons are not required to comply with section 124 but may be
required to do any of the things set out in section 125 if MSD decides that the
person is capable of complying with the obligation in question:
(a) a person who receives a benefit under section 34 (supported living pay-
ment on the ground of restricted work capacity or total blindness):
(b) a person who receives a benefit under section 40 (supported living pay-
ment on the ground of caring for another person).
(2) A person referred to in subsection (1)(a) or (b) may be required to attend and
participate in an interview with an MSD employee or a person on behalf of
MSD for the purpose of helping MSD decide whether the person is capable of
complying with any of the work-preparation obligations set out in section 125.
Compare: 1964 No 136 ss 40F(a), 40H(a), 60Q(1)(bb), (bc), (1B)

124 General obligation to take all steps to prepare for employment

A person to whom this section applies must take all steps that are reasonably
practicable in the person’s circumstances to prepare for employment.
Compare: 1964 No 136 s 60Q(2)

125 Work-preparation obligations as required by MSD

A person to whom this section applies must, as required by MSD from time to
time,—
(a) undertake planning for employment:
(b) attend and participate in an interview with an MSD employee or a per-
son on behalf of MSD:
(c) report to MSD or a person on behalf of MSD on the person’s compliance
with the work-preparation obligations set out in this section, and must do
so as often as, and in the manner that, MSD reasonably requires:
(d) participate in or undertake any of the following activities specified by
MSD that MSD considers suitable for improving the person’s work-
readiness or prospects for employment:
(i) a work assessment:

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2018 No 32 Social Security Act 2018 Part 3 s 129

(ii) a programme or seminar to increase particular skills or enhance

motivation:
(iii) a work-experience or work-exploration activity:
(iv) employment-related training:
(v) an education programme:
(vi) any other activity (including rehabilitation) other than medical
treatment, recognised voluntary work, or activity in the commu-
nity.
Compare: 1964 No 136 s 60Q(3)

126 Person who fails to comply with work-preparation obligation subject to

sanction
A person (P) is subject to a sanction under section 236, 237, or 238 if MSD is
satisfied that P has, without a good and sufficient reason, failed to comply with
a work-preparation obligation.
Compare: 1964 No 136 s 116B(1)(c)

Specific obligations: social obligations in relation to dependent children

127 Obligations in relation to dependent children
Sections 128 to 135 set out obligations in relation to the dependent children
of—
(a) a beneficiary receiving certain main benefits under this Act; and
(b) the beneficiary’s spouse or partner.

128 Obligations of beneficiary in relation to dependent children

A beneficiary is subject to the obligations set out in sections 131 to 135 in rela-
tion to the beneficiary’s dependent children or the dependent children of the
beneficiary’s spouse or partner if the beneficiary—
(a) receives jobseeker support, sole parent support, a supported living pay-
ment, or an emergency benefit; and
(b) is not a young person subject to the obligations set out in section 164.
Compare: 1964 No 136 ss 20E(b), 40F(b), 40H(b), 40HA(a), 60RA(1), 61AA, 88F(8)

129 Obligations of spouse or partner of beneficiary in relation to dependent

children of beneficiary
(1) The spouse or partner of a beneficiary is subject to the obligations set out in
sections 131 to 135 in relation to each dependent child of the beneficiary if—
(a) the beneficiary receives jobseeker support, sole parent support, a suppor-
ted living payment, or an emergency benefit; and

81
Part 3 s 130 Social Security Act 2018 2018 No 32

(b) the spouse or partner is not a young person subject to the obligations set
out in section 166 or 167.
(2) Subsection (1) applies whether or not—
(a) the dependent child of the beneficiary is also the dependent child of the
spouse or partner:
(b) the spouse or partner receives all or any of the benefit instead of, or as
well as, the beneficiary.
Compare: 1964 No 136 ss 40G(1), (2)(b), 60RA(1)(b), (2), 88G(b)

130 Obligations of spouse or partner of beneficiary in relation to dependent

children of spouse or partner
(1) The spouse or partner of a beneficiary is subject to the obligations set out in
sections 131 to 135 in relation to each dependent child of the spouse or partner
if—
(a) the beneficiary receives jobseeker support, sole parent support, a suppor-
ted living payment, or an emergency benefit; and
(b) the spouse or partner is not a young person subject to the obligations set
out in section 166 or 167.
(2) Subsection (1) applies whether or not—
(a) the dependent child of the spouse or partner is also the dependent child
of the beneficiary:
(b) the spouse or partner receives all or any of the benefit instead of, or as
well as, the beneficiary.
Compare: 1964 No 136 ss 40HA, 60RA(1)(b), (2), 61A(3)

131 Attendance of dependent child aged 3 to 5 years at early childhood

education programme
(1) A person to whom this section applies must take all reasonable steps to ensure
that each dependent child aged 3 to 5 years—
(a) is enrolled in an approved early childhood education programme (as that
term is defined in regulations made under section 430); and
(b) attends that programme in the manner and to the minimum extent pre-
scribed by regulations made under section 430.
(2) This section does not apply if the dependent child is enrolled at and regularly
attends a registered school (as defined in regulations made under section 430).
Compare: 1964 No 136 s 60RA(3)(a)

132 Attendance of dependent child aged 5 or 6 years at early childhood

education programme or registered school
(1) A person to whom this section applies (A) must take all reasonable steps to
ensure that each dependent child aged 5 or 6 years either—

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2018 No 32 Social Security Act 2018 Part 3 s 135

(a) is enrolled in an approved early childhood education programme (as

defined in regulations made under section 430) and attends that pro-
gramme in the manner and to the minimum extent prescribed by regula-
tions made under section 430; or
(b) is enrolled at and regularly attends a registered school (as defined in
regulations made under section 430).
(2) This section does not apply if A qualifies for an exemption from his or her
work-test obligations on the active teaching out of school grounds specified
by—
(a) regulation 6(2)(c) of the Social Security (Exemptions under Section 105)
Regulations 1998 (as saved by clause 27 of Schedule 1); or
(b) any regulations made under section 431(e).
Compare: 1964 No 136 ss 60RA(3)(b), 60RAB(2)

133 Attendance of dependent child aged 6 to 15 years at registered school

(1) A person to whom this section applies must take all reasonable steps to ensure
that each dependent child aged 6 to 15 years is enrolled at and regularly attends
a registered school (as defined by regulations made under section 430).
(2) This section does not apply if the child is exempted under section 21, 22,
or 22A of the Education Act 1989 from enrolment at a registered school.
Compare: 1964 No 136 s 60RA(3)(c)

134 Health care enrolment and compliance with core health checks
(1) A person to whom this section applies must take all reasonable steps to ensure
that each dependent child is enrolled with a primary health care provider (for
example, a primary health organisation, or a prescribed health practitioner who
is a provider of primary health care).
(2) A person to whom this section applies must take all reasonable steps to ensure
that a dependent child under the age of 5 years is up to date with core checks
under—
(a) the programme that immediately before 15 July 2013 was known as Well
Child; or
(b) any similar programme established in its place.
Compare: 1964 No 136 s 60RA(3)(d), (e)

135 Interviews and reporting

A person to whom this section applies must, as required by MSD,—
(a) attend and participate in an interview with an MSD employee or a per-
son on behalf of MSD:
(b) report to MSD or a person on behalf of MSD on the person’s compliance
with the obligations in relation to dependent children set out in sections

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Part 3 s 136 Social Security Act 2018 2018 No 32

131 to 134, and must do so as often as, and in the manner that, MSD
reasonably requires.
Compare: 1964 No 136 s 60RA(3)(f), (g)

136 Person who fails to comply with obligations in relation to dependent

children is subject to sanction
(1) A person (P) is subject to a sanction under section 236, 237, or 238 if MSD is
satisfied that P has, without a good and sufficient reason, failed to comply with
an obligation in relation to dependent children under sections 131 to 135.
(2) However, P is not subject to a sanction under section 233(c) if imposition of a
sanction is precluded by section 243 or 255.
Compare: 1964 No 136 s 116B(1)(b)

137 Definitions and attendance: regulations made under section 430

(1) Regulations made under section 430 may prescribe, for the purposes of sec-
tions 131 to 134, the meaning of the following terms:
(a) approved early childhood education programme:
(b) core check:
(c) registered school.
(2) Regulations made under section 430 that prescribe, for the purposes of sections
131(1)(b) and 132(1)(a)(ii), the minimum extent of, or other required manner
of, attending an approved early childhood education programme may, without
limitation,—
(a) prescribe, for all or any approved early childhood programmes, target
numbers of hours of attendance:
(b) prescribe different minimum numbers of hours of attendance for all or
any different approved early childhood programmes.
Compare: 1964 No 136 s 60RAB(1), (3), (4)

Specific obligations: work-test obligations

138 Work-test obligations
Sections 140 to 154 set out the work-test obligations.

139 Purpose of sections 140 to 154

The purpose of sections 140 to 154 is—
(a) to ensure that work-tested beneficiaries maintain an unrelenting focus on
entering, retaining, or returning to, employment; and
(b) to reinforce the continuing obligation of work-tested beneficiaries to
take reasonable steps to support themselves and their families; and

84
2018 No 32 Social Security Act 2018 Part 3 s 141

(c) to identify the activities that work-tested beneficiaries may be required

to undertake to meet their obligations arising from work-tested benefits
being paid in respect of them; and
(d) to provide a work test structure applying to all work-tested beneficiaries
that is sufficiently flexible to take account of an individual beneficiary’s
circumstances.
Compare: 1964 No 136 s 101

140 Persons subject to work-test obligations

(1) The following persons must comply with section 144 and may be required to
do any of the things set out in section 146:
(a) a person who receives jobseeker support (other than jobseeker support
on the ground of health condition, injury, or disability):
(b) a person who receives jobseeker support on the ground of health condi-
tion, injury, or disability, if MSD has determined under section 141(1)
that the person has the capacity to seek, undertake, and be available for
part-time work:
(c) a person who—
(i) is the work-tested spouse or partner of a person who receives job-
seeker support; and
(ii) is not the spouse or partner of a young person to whom section
166 or 167 applies:
(d) a work-tested sole parent support beneficiary:
(e) the work-tested spouse or partner of a person granted an emergency
benefit or a supported living payment on the ground of restricted work
capacity or total blindness at a work-test couple rate:
(f) a person under the age of 65 years granted an emergency benefit under
section 17(2)(c) of the New Zealand Superannuation and Retirement
Income Act 2001, if that person is a work-tested spouse or partner.
(2) MSD may, by notice in writing, require the spouse or partner of a person gran-
ted an emergency benefit at a work-test couple rate to comply with the work
test if MSD is satisfied that it is appropriate and reasonable to require that
spouse or partner to seek, undertake, and be available for—
(a) part-time work, in the case of a spouse or partner whose youngest
dependent child is aged 3 years or older but under 14 years; or
(b) full-time employment, in any other case.
Compare: 1964 No 136 ss 20E(c), 88F(1), (4), 88G(c), 61A(1), (1A), (2)(b)

141 Jobseeker support: work capacity determination and work test

(1) MSD makes every determination under this subsection whether a person gran-
ted jobseeker support on the ground of health condition, injury, or disability

85
Part 3 s 142 Social Security Act 2018 2018 No 32

has, while receiving that benefit, the capacity to seek, undertake, and be avail-
able for part-time work (as defined in Schedule 2).
(2) MSD—
(a) must make a determination under subsection (1) promptly after granting
the person that benefit; and
(b) may make a determination under subsection (1) at any later time.
(3) A determination under subsection (1) must be made after having had regard
to—
(a) the relevant certificate given under section 27, and any relevant report
obtained under section 28; and
(b) any relevant work ability assessment under sections 115 to 119.
(4) The consequence of a determination under subsection (1) that the person has,
while receiving that benefit, the capacity to seek, undertake, and be available
for part-time work is that the person is required to comply with the work test
on and after a date specified in a written notice (of the determination’s making
and effects) that MSD must give the person.
(5) The date specified in a written notice given under subsection (4),—
(a) in the case of a new grant of jobseeker support, may be the date on
which that benefit is first paid; but
(b) in any case, must not be a date before the date on which MSD reason-
ably considers the person will receive the notice.
(6) MSD may at any time, whether on the application of the person or otherwise,
review a determination under subsection (1) and may confirm, amend, revoke,
or replace it and any related written notice given under subsection (4).
Compare: 1964 No 136 s 88F(2)–(6)

142 Person not subject to work-test obligations

A person (P) who is otherwise subject to a work-test obligation is not subject to
that obligation if—
(a) the obligation has been deferred under regulations made under section
431; or
(b) P has been exempted from the obligation under section 158; or
(c) MSD is satisfied that P is undertaking employment of the kind required
to satisfy the work test for P.
Compare: 1964 No 136 ss 88J, 102(2)

143 Time when work-test obligation applies

(1) An obligation set out in section 144 or 146 applies on—
(a) a day that is a day between Monday and Friday (inclusive); or
(b) a prescribed day of the week (see section 418(1)(e)).

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2018 No 32 Social Security Act 2018 Part 3 s 146

(2) An obligation set out in section 144 or 146 applies,—

(a) in the case of a person who receives jobseeker support on the ground of
health condition, injury, or disability, from the date specified in MSD’s
notice given under section 141(4) that the person has the capacity to
seek, undertake, and be available for part-time work:
(b) in any other case, from the date on which the relevant benefit is first
paid.
Compare: 1964 No 136 s 102(1), (3)

144 General obligation to be available for suitable employment, etc

A person to whom this section applies must—
(a) be available for, and take reasonable steps to obtain, suitable employ-
ment; and
(b) accept any offer of suitable employment, including temporary employ-
ment or employment that is seasonal or subsidised; and
(c) attend and participate in an interview for any opportunity of suitable
employment to which the beneficiary is referred by MSD.
Compare: 1964 No 136 s 102A(1)(a)–(c)

145 Meaning of suitable employment

In section 144, suitable employment, in relation to a person (P), means
employment that MSD is satisfied is suitable for P to undertake for a specific
number of hours per week that MSD determines, having regard to the employ-
ment required to satisfy the work test for P.
Compare: 1964 No 136 s 3(1)

146 Work-test obligations as required by MSD

(1) A person to whom this section applies must, as required by MSD from time to
time,—
(a) undertake planning for employment:
(b) attend and participate in an interview with an MSD employee or a per-
son on behalf of MSD:
(c) report to MSD or a person on behalf of MSD on the person’s compliance
with the work-test obligations set out in this section or sections 144 and
147, and must do so as often as, and in the manner that, MSD reasonably
requires:
(d) participate in or undertake any of the following activities specified by
MSD that MSD considers suitable for improving the person’s work-
readiness or prospects for employment:
(i) a work assessment:

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Part 3 s 147 Social Security Act 2018 2018 No 32

(ii) a programme or seminar to increase particular skills or enhance

motivation:
(iii) a work-experience or work-exploration activity:
(iv) employment-related training:
(v) any other activity (including rehabilitation) other than medical
treatment, recognised voluntary work, or activity in the commu-
nity:
(e) undertake and pass a drug test in accordance with sections 147 to 151.
(2) Subsection (1)(d) applies whether or not a person is subject to a sanction for
failing to comply with a work-test obligation.
(3) If MSD requires a person to undertake an activity under subsection (1)(d),
MSD must take reasonable steps to arrange for the person to undertake that
activity.
Compare: 1964 No 136 s 102A(1)(d)–(g), (2)–(5)

147 Obligation to undertake and pass drug test

(1) A person to whom an obligation under section 144(a), 144(c), 146(1)(d)(ii), or
146(1)(d)(iv) applies must undertake and pass a drug test by a specified date
if—
(a) a potential employer or training provider requests the drug test; and
(b) the drug test is lawfully requested and undertaken; and
(c) the drug test is a compliant drug test (see section 148).
(2) The obligation under subsection (1) to undertake and pass a drug test is inclu-
ded in, forms part of, and does not arise apart from, the obligation under sec-
tion 144(a), 144(c), 146(1)(d)(ii), or 146(1)(d)(iv).
(3) A drug test is lawfully requested and undertaken if it is requested and under-
taken for a lawful purpose (for example, for a lawful health or safety purpose),
and it does not matter that the employer or provider requesting the drug test is
not authorised or required by or under this Act to compel the person to under-
take it.
(4) A drug test under this section is presumed to be lawfully requested and under-
taken unless the contrary is proved.
Compare: 1964 No 136 ss 102A(1A), 102B(1), (3)

148 Compliant drug test defined

A compliant drug test is a drug test that complies with the requirements pre-
scribed by regulations made under section 431.
Compare: 1964 No 136 s 102B(2)

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2018 No 32 Social Security Act 2018 Part 3 s 152

149 Failing drug test

(1) For the purposes of this Act, a person is taken to have failed an evidential drug
test requested under section 257 if the person fails a screening test and waives
the right to an associated evidential drug test.
(2) A potential employer or training provider may disclose, or authorise the drug
test provider to disclose, to MSD that a person who has undertaken a drug test
under section 147 has failed the drug test.
(3) MSD may act on the information disclosed under subsection (2) unless MSD
has reason to believe that it is not reliable (for example, MSD may have evi-
dence to the contrary).
(4) Consent of a person who has undertaken a drug test under section 147 to dis-
closure under subsection (2) is not required.
Compare: 1964 No 136 ss 102B(4), (5), 102C(2)

150 Use of drug test result

MSD may, in accordance with regulations made under section 431, use the
result of a drug test undertaken under section 147 and disclosed to MSD under
section 149.
Compare: 1964 No 136 s 102E

151 Costs of drug test

(1) MSD may, in accordance with regulations made under section 431(c), reim-
burse a potential employer for the costs of a drug test undertaken by a person
under section 147 requested by that employer.
(2) Subsection (1) does not apply to the costs of an evidential drug test if the per-
son waives the right to the evidential drug test in the situation specified in sec-
tion 149(1).
Compare: 1964 No 136 s 102C(3)–(5)

152 Definitions for drug-testing provisions

In this section and in sections 147 to 151, unless the context otherwise
requires,—
controlled drug has the same meaning as in section 2(1) of the Misuse of
Drugs Act 1975
drug test, for a person, means a test to detect the presence in the person’s body
of 1 or more controlled drugs
evidential drug test, for a person, means a drug test that, when undertaken by
the person, complies with a standard that is—
(a) a standard for drug tests for evidential purposes; and
(b) a New Zealand standard, joint Australian/New Zealand standard, or
other national or international standard; and

89
Part 3 s 153 Social Security Act 2018 2018 No 32

(c) prescribed (whether under sections 29 to 32 of the Standards and

Accreditation Act 2015 or otherwise) in regulations made under section
418(1)(f)
fail, for a person and a drug test, means—
(a) if the drug test is a screening drug test or an evidential drug test, not to
pass the drug test; or
(b) if the drug test is an evidential drug test, to waive the right to that test in
the situation specified in section 149(1), and so under that section be
taken for the purposes of this Act to have failed that test
pass, for a person and a drug test, means to undertake the drug test with the
consequence that the drug test produces a valid result that,—
(a) if the drug test is a screening drug test, does not indicate the presence in
the person’s body of 1 or more controlled drugs at or above the min-
imum level identified in the standard (prescribed in regulations made
under section 418(1)(g)) with which the test complies; and
(b) if the drug test is an evidential drug test, does not detect for evidential
purposes the presence in the person’s body of 1 or more controlled drugs
at or above the minimum level identified in the standard (prescribed in
regulations made under section 418(1)(g)) with which the test complies
screening drug test, for a person, means a drug test that—
(a) may indicate the presence in the person’s body of 1 or more controlled
drugs; and
(b) is quicker, less formal, and less expensive than, and is designed for use
in conjunction with, an evidential drug test; and
(c) complies with a standard that is—
(i) a standard for drug tests for evidential purposes; and
(ii) a New Zealand standard, joint Australian/New Zealand standard,
or other national or international standard; and
(iii) prescribed (whether under sections 29 to 32 of the Standards and
Accreditation Act 2015, or otherwise) in regulations made under
section 418(1)(h).
Compare: 1964 No 136 s 88A

153 Person who fails to comply with work-test obligations is subject to

sanction
A person is subject to a sanction (see section 233(d)) for a breach of a work-
test obligation under section 144 or 146 if MSD is satisfied that the person—
(a) has failed without a good and sufficient reason to comply with the obli-
gation; or

90
2018 No 32 Social Security Act 2018 Part 3 s 157

(b) is under section 154 deemed to have failed without a good and sufficient
reason to comply with the obligation.
Compare: 1964 No 136 s 116B(1)(e)–(h)

154 Deemed failure to comply with work-test obligation

A person (P) is deemed to have failed without a good and sufficient reason to
comply with a work-test obligation under section 144 or 146 if—
(a) P, without a good and sufficient reason, fails to apply for suitable
employment that requires candidates to undertake drug tests; or
(b) P is a full-time work-tested beneficiary and leaves, without a good and
sufficient reason, or is dismissed for misconduct from, part-time work or
employment averaging less than part-time work; or
(c) P is a part-time work-tested beneficiary who leaves, without a good and
sufficient reason, or is dismissed for misconduct from, employment
averaging less than part-time work.
Compare: 1964 No 136 s 116B(1)(f)–(h)

Deferral of work-test obligations

155 Deferral of work-test obligations
(1) MSD may defer a person’s work-test obligations in accordance with regula-
tions made under section 431 permitting it to do so.
(2) MSD must defer a person’s work-test obligations in accordance with regula-
tions made under section 431 requiring it to do so.
Compare: 1964 No 136 ss 88F(7), 88H, 88I(1)–(3), (5)–(7)

156 Effect of deferral of work-test obligations

(1) A person’s work-test obligations are deferred for the period specified in MSD’s
notice of deferral and sections 106 and 138 to 146 apply to that person as if he
or she were not a person subject to work-test obligations.
(2) A person whose work-test obligations are deferred in accordance with regula-
tions made under section 431 must notify MSD as soon as practicable of any
change in the person’s circumstances that may affect the person’s entitlement to
the deferral.
Compare: 1964 No 136 ss 88J, 88K

Exemptions: work-preparation, work-test, and other obligations

157 Regulations may specify categories of exempt persons and grounds for
exemption
Regulations made under section 431 may specify—

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Part 3 s 158 Social Security Act 2018 2018 No 32

(a) categories of persons who may be exempted from some or all of a work-
preparation obligation, a work-test obligation, or an obligation under
section 162, 164, 166, or 167; and
(b) the grounds, and any required circumstances, for the grant of an exemp-
tion.
Compare: 1964 No 136 s 123D

158 MSD may grant exemption from work-preparation, work-test, or other

obligation
(1) A person may apply to MSD for an exemption from some or all of the person’s
work-preparation obligations, work-test obligations, or obligations under sec-
tion 162, 164, 166, or 167 and MSD may grant the exemption if satisfied that
the person qualifies for an exemption under regulations made under section
431.
(2) MSD may grant the exemption for a period set by MSD, and may make the
exemption subject to conditions set by MSD.
(3) A person granted an exemption under subsection (1) must notify MSD as soon
as practicable of any change in the person’s circumstances that may affect the
person’s entitlement to the exemption.
(4) MSD may from time to time require a person granted an exemption under sub-
section (1) to attend an interview with an MSD employee or a person on behalf
of MSD.
Compare: 1964 No 136 s 105(1), (2), (4), (5), (5A)

159 Donors of qualifying organs exempt from work-preparation, work-test, or

other obligation while recuperating
Sections 158, 160, and 411 are subject to sections 14 and 15 of the Compensa-
tion for Live Organ Donors Act 2016.

160 Procedure for grant of exemption

The procedure for the granting of an exemption under section 158, including
the review, extension, variation, or revocation of the exemption, is prescribed
in regulations made under section 431.
Compare: 1964 No 136 s 105(3), (6), (7)

161 Person who fails to comply with requirement to attend interview is subject
to sanction
(1) A person (P) is subject to a sanction (see section 233(e)) if MSD is satisfied
that P has failed, without a good and sufficient reason, to comply with a
requirement under section 158(4) to attend an interview.
(2) However, P is not subject to a sanction under section 233(e) if P is a young per-
son to whom subpart 3 of Part 5 applies.
Compare: 1964 No 136 ss 105(5), 116B(1)(i)

92
2018 No 32 Social Security Act 2018 Part 3 s 162

Specific obligations: young person granted youth support payment

162 Obligations of young person granted youth support payment
(1) A young person who has been granted a youth support payment must do the
following things:
(a) be enrolled in and undertake to MSD’s satisfaction, or be available for, a
full-time course of secondary instruction or tertiary education or
approved training or work-based learning leading to—
(i) NCEA level 2; or
(ii) a qualification that in MSD’s opinion is equivalent to
NCEA level 2; or
(iii) a higher qualification:
(b) as required by MSD, participate in and complete a budgeting programme
approved by MSD for the purpose:
(c) as required by MSD, attend and participate in any interview with an
MSD employee or a person on behalf of MSD:
(d) as required by a contracted service provider assigned to the person,
attend and participate in any interview with that provider:
(e) as required by MSD or a contracted service provider assigned to the per-
son, report to MSD or the service provider on the person’s compliance
with the obligations set out in paragraphs (a) to (d):
(f) co-operate with MSD or a contracted service provider assigned to the
person, in managing the spending of the young person’s youth payments
or young parent payments:
(g) attend and participate in regular discussions on budgeting with an MSD
employee or a contracted service provider:
(h) at budgeting discussions and otherwise as required by MSD, provide
details of—
(i) the young person’s accommodation costs, service costs, and other
lawful debts and liabilities:
(ii) how the young person has spent the young person’s youth support
payments and, if applicable, young parent payments:
(i) give to MSD or to a contracted service provider assigned to the young
person (within 20 working days starting on the day after the date on
which MSD informs the young person of the requirement) the following
information:
(i) details of the young person’s accommodation costs and service
costs and other lawful debts and liabilities; and
(ii) any other information reasonably required by MSD to effect
money management under section 341.

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Part 3 s 163 Social Security Act 2018 2018 No 32

(2) In this section,—

accommodation costs, in relation to any young person, has the same meaning
as in section 65 except that, in relation to a person who is a boarder or lodger in
any premises, it means 100% of the amount paid for board or lodging
service costs has the same meaning as in section 65.
(3) In this section and in sections 166 and 167,—
approved training means an employment-related training course approved by
MSD
full-time course has the same meaning as in—
(a) regulation 2(1) of the Student Allowances Regulations 1998; or
(b) the corresponding provision of replacement regulations made under all
or any of sections 303, 306, and 307 of the Education Act 1989.
(4) In this section and in sections 164 to 167 and 200, work-based learning, in
relation to any person, means a course or programme undertaken (or to be
undertaken), in the course of or by virtue of his or her employment, that com-
prises, or includes a component of, practical or on-the-job vocational learning
(for example, an industry training programme or apprenticeship).
(5) A failure without good and sufficient reason to comply with obligations under
this section is subject to sanctions, as provided in Part 5.
Compare: 1964 No 136 ss 157, 170(1)(a), (b), (d)–(g)

163 When education obligation or training obligation begins for young parent
(1) This section applies to a young person—
(a) who receives a young parent payment; and
(b) who is principal caregiver of the young person’s youngest dependent
child.
(2) The obligation set out in section 162(1)(a) begins to apply to the young person
only on the earlier of the following days:
(a) the first day on which—
(i) the child is at least 6 months old; and
(ii) a suitable place is available for the young person in a teen parent
unit; and
(iii) MSD is satisfied that there are no special circumstances justifying
the obligation’s beginning to apply later:
(b) the day on which the child becomes 12 months old.
(3) In this section, teen parent unit means an educational facility for teenage
parents attached to a State school (within the meaning of the Education Act
1989).
Compare: 1964 No 136 s 170(4)

94
2018 No 32 Social Security Act 2018 Part 3 s 165

Specific obligations: social obligations of young person granted young parent

payment
164 Obligations of young person granted young parent payment
(1) A young person who has been granted a young parent payment must also do
the following things:
(a) as required by MSD, participate to MSD’s satisfaction in a parenting
education programme approved by MSD for the purpose:
(b) enrol each dependent child with a primary health care provider (for
example, a primary health organisation, or a prescribed health practi-
tioner who is a provider of primary health care):
(c) take all reasonable steps to ensure that each dependent child under the
age of 5 years is up to date with core checks under—
(i) the programme that immediately before 15 July 2013 was known
as Well Child; or
(ii) any similar programme established in its place:
(d) ensure that each dependent child under the age of 5 years attends an
approved early childhood education programme or other suitable child-
care while the young person is in education, training, work-based learn-
ing, or part-time work.
(2) A failure without good and sufficient reason to comply with obligations under
this section is subject to sanctions, as provided in Part 5.
Compare: 1964 No 136 s 170(1)(c), (2)

Specific obligations: young person aged 18 or 19 years who is receiving

jobseeker support and who is at significant risk of long-term welfare
dependency
165 Young person aged 18 or 19 years who is receiving jobseeker support in
young person’s own right and who is at significant risk of long-term
welfare dependency
(1) This section applies to a young person (P) aged 18 or 19 years without depend-
ent children who is receiving jobseeker support under sections 20 to 24 in the
young person’s own right.
(2) If MSD determines that P is at significant risk of long-term welfare depend-
ency (as that risk is defined in subsection (9)), MSD may require P to receive
services of a kind referred to in section 373(1)(a) (youth services).
(3) In exercising the discretion under subsection (2), MSD may consider factors
that affect MSD’s ability to provide the young person with youth services (for
example, funding and capacity to provide the services in the young person’s
area).

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Part 3 s 165 Social Security Act 2018 2018 No 32

(4) However, before requiring the young person to receive youth services, MSD
must take reasonable steps to consult the young person about—
(a) the young person’s risk of long-term welfare dependency (as that risk is
defined in subsection (9)); and
(b) the proposal to require the young person to receive youth services.
(5) A requirement under subsection (2) that is placed on a young person who is
aged 19 years at the time the requirement is made continues—
(a) until the close of the day that is 6 months after the date on which the
requirement was placed on the young person, even if the young person
turns 20 during that 6-month period; or
(b) in the case of a young person who, on the day on which he or she turns
20, is continuing in a course of education, training, or work-based learn-
ing, until,—
(i) if the course is a course of secondary instruction or if the course
ends in December, the close of the following 31 March:
(ii) in any other case, the close of the day on which the course ends.
(6) If paragraphs (a) and (b) of subsection (5) both apply to the young person, the
requirement continues until the later of the 2 dates that apply under those para-
graphs.
(7) The following apply to a young person who is required to receive youth ser-
vices under subsection (2) as if the person’s jobseeker support, or the portion of
the jobseeker support or the specified beneficiary’s benefit payable to the
young person under section 337, were a youth payment:
(a) the obligations in section 162(1)(b) to (i) in addition to the young per-
son’s work-test obligations or obligations under sections 121 to 125:
(b) sections 55 and 289 as if the appropriate incentive payments were those
set out in clauses 8 and 9 in subpart 3 of Part 6 of Schedule 4:
(c) section 288:
(d) sections 341 and 378:
(e) regulations 4 and 5 and Part 2 of the Social Security (Criteria for Incen-
tive Payments and Money Management) Regulations 2012 (as saved by
clauses 12 and 41(3) of Schedule 1), or regulations made under section
418(1)(c), (d), (k), and (l).
(8) MSD may from time to time review a requirement placed on a young person
under subsection (2) and may confirm or revoke it.
(9) In this section, risk of long-term welfare dependency, in relation to a person,
means the risk, determined using risk factors set by the Minister for the pur-
poses of this section and section 168 by direction under section 7, that the per-
son will, for an indefinite period, not be able to obtain full-time employment

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2018 No 32 Social Security Act 2018 Part 3 s 166

and will be likely to remain wholly or largely dependent for the person’s finan-
cial support on all or part of a main benefit under this Act.
Compare: 1964 No 136 s 171A

Obligations of, and incentives for, young person who is

spouse or partner of beneficiary
166 Young person aged 16 or 17 years who has no dependent child and who is
spouse or partner of specified beneficiary
(1) This section applies to a young person (P) who—
(a) is 16 or 17 years old; and
(b) is the spouse or partner of a specified beneficiary; and
(c) has no dependent children.
(2) P must do the following things:
(a) be enrolled in and undertake to MSD’s satisfaction, or be available for, a
full-time course of secondary instruction or tertiary education or
approved training or work-based learning leading to—
(i) NCEA level 2; or
(ii) a qualification that in MSD’s opinion is equivalent to
NCEA level 2; or
(iii) a higher qualification:
(b) as required by MSD, participate in and complete a budgeting programme
approved by MSD for the purpose:
(c) as required by MSD, attend and participate in any interview with an
MSD employee or a person on behalf of MSD:
(d) as required by a contracted service provider assigned to the person,
attend and participate in any interview with that provider:
(e) as required by MSD or a contracted service provider assigned to P,
report to MSD or the service provider on P’s compliance with the obliga-
tions set out in paragraphs (a) to (d):
(f) co-operate with MSD, or a contracted service provider assigned to P, in
managing the spending of the benefit received by P, as if that benefit
were a youth support benefit:
(g) attend and participate in regular discussions on budgeting with an MSD
employee or a contracted service provider.
(3) If P meets the criteria prescribed in regulations made for the purposes of sec-
tion 55 under section 418(1)(c), P is entitled to receive the appropriate incen-
tive payment (if any) stated in subpart 3 of Part 6 of Schedule 4 as if he or she
were receiving a youth payment.
(4) P is not subject to the work test, or to work-preparation obligations.

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Part 3 s 167 Social Security Act 2018 2018 No 32

(5) If P is aged under 18 years when the obligations in subsection (2) start to apply
to him or her, those obligations continue—
(a) until the close of the day that is 6 months after the date on which the
obligations start to apply to P, even if he or she turns 18 during that 6-
month period; or
(b) if P, on the day when he or she turns 18, is continuing in a course of edu-
cation, training, or work-based learning, until,—
(i) if the course is a course of secondary instruction or if the course
ends in December, the close of the following 31 March; or
(ii) in any other case, the close of the day on which the course ends.
(6) If paragraphs (a) and (b) of subsection (5) both apply to P, those obligations
continue until the later of the 2 dates that apply under those paragraphs.
(7) While P is subject to obligations under subsection (2) (being obligations to
which P became subject on or after 25 October 2016), sections 341 and 342
and the obligation in section 162(1)(i) apply to P as if he or she were receiving
a youth support payment.
Compare: 1964 No 136 ss 170(1)(a), (b), (d)–(g), 171(1), (4)

167 Young person aged 16 to 19 years who has dependent child and who is
spouse or partner of specified beneficiary
(1) This section applies to a young person (P) who—
(a) is 16 to 19 years old; and
(b) is the spouse or partner of a specified beneficiary; and
(c) has 1 or more dependent children.
(2) P must do the following things:
(a) be enrolled in and undertake to MSD’s satisfaction, or be available for, a
full-time course of secondary instruction or tertiary education or
approved training or work-based learning leading to—
(i) NCEA level 2; or
(ii) a qualification that in MSD’s opinion is equivalent to
NCEA level 2; or
(iii) a higher qualification:
(b) as required by MSD, participate in and complete a budgeting programme
approved by MSD for the purpose:
(c) as required by MSD, attend and participate in any interview with an
MSD employee or a person on behalf of MSD:
(d) as required by a contracted service provider assigned to the person,
attend and participate in any interview with that provider:

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2018 No 32 Social Security Act 2018 Part 3 s 167

(e) as required by MSD or a contracted service provider assigned to the per-

son, report to MSD or the service provider on the person’s compliance
with the obligations set out in paragraphs (a) to (d):
(f) co-operate with MSD, or a contracted service provider assigned to the
person, in managing the spending of the benefit received by the person,
as if that benefit were a youth support benefit:
(g) attend and participate in regular discussions on budgeting with an MSD
employee or a contracted service provider.
(3) P must also—
(a) as required by MSD, participate to MSD’s satisfaction in a parenting
education programme approved by MSD for the purpose:
(b) enrol each dependent child with a primary health care provider (for
example, a primary health organisation, or a prescribed health practi-
tioner who is a provider of primary health care):
(c) take all reasonable steps to ensure that each dependent child under the
age of 5 years is up to date with core checks under—
(i) the programme that immediately before 15 July 2013 was known
as Well Child; or
(ii) any similar programme established in its place:
(d) ensure that each dependent child under the age of 5 years attends an
approved early childhood education programme or other suitable child-
care while the young person is in education, training, work-based learn-
ing, or part-time work.
(4) If P meets the criteria prescribed in regulations made for the purposes of sec-
tion 62 under section 418(1)(d), P is entitled to receive the appropriate incen-
tive payment (if any) stated in subpart 3 of Part 6 of Schedule 4 as if he or she
were receiving a young parent payment.
(5) P is not subject to the work test, or to work-preparation obligations.
(6) If P is aged under 20 years when the obligations in subsections (2) and (3) start
to apply to P, those obligations continue—
(a) until the close of the day that is 6 months after the date on which the
obligations started to apply to P, even if he or she turns 20 during that 6-
month period; or
(b) if P, on the day on which he or she turns 20, is continuing in a course of
education, training, or work-based learning, until,—
(i) if the course is a course of secondary instruction or if the course
ends in December, the close of the following 31 March; or
(ii) in any other case, the close of the day on which the course ends.
(7) If paragraphs (a) and (b) of subsection (6) both apply to P, those obligations
continue until the later of the 2 dates that apply under those paragraphs.

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Part 3 s 168 Social Security Act 2018 2018 No 32

(8) While P is subject to obligations under subsection (2) or (3) (being obligations
to which P became subject on or after 25 October 2016), sections 341 and 342
and the obligation in section 162(1)(i) apply to P as if he or she were receiving
a youth support payment.
Compare: 1964 No 136 ss 170(1)(a)–(f) and (g)(i), 170(2), 171(2), (5)

168 Young person aged 18 or 19 years, who is receiving jobseeker support as

spouse or partner of person granted that benefit, or who is work-tested
spouse or partner of specified beneficiary, and who is at significant risk of
long-term welfare dependency
(1) This section applies to a young person (P) aged 18 or 19 years without depend-
ent children who—
(a) is receiving jobseeker support under sections 20 to 24 as the spouse or
partner of the person granted the benefit; or
(b) is the work-tested spouse or partner of a specified beneficiary (other than
a spouse or partner described in paragraph (a)).
(2) If MSD determines that P is at significant risk of long-term welfare depend-
ency (as that risk is defined in subsection (8)), MSD may require P to receive
services of a kind referred to in section 373(1)(a) (youth services).
(3) In exercising the discretion under subsection (2), MSD may consider factors
that affect MSD’s ability to provide the young person with youth services (for
example, funding and capacity to provide the services in the young person’s
area).
(4) However, before requiring the young person to receive youth services, MSD
must take reasonable steps to consult the young person about—
(a) the young person’s risk of long-term welfare dependency (as that risk is
defined in subsection (8)); and
(b) the proposal to require the young person to receive youth services.
(5) A requirement under subsection (2) that is placed on a young person who is
aged 19 years at the time the requirement is made continues—
(a) until the close of the day that is 6 months after the date on which the
requirement was placed on the young person, even if the young person
turns 20 during that 6-month period; or
(b) in the case of a young person who, on the day on which he or she turns
20, is continuing in a course of education, training, or work-based learn-
ing, until,—
(i) if the course is a course of secondary instruction or if the course
ends in December, the close of the following 31 March:
(ii) in any other case, the close of the day on which the course ends.
(6) The following apply to a young person who is required to receive youth ser-
vices under subsection (2) as if the person’s jobseeker support, or the portion of

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2018 No 32 Social Security Act 2018 Part 3 s 169

the jobseeker support or the specified beneficiary’s benefit payable to the

young person under section 337, were a youth payment:
(a) the obligations in section 162(1)(b) to (i) in addition to the young per-
son’s work-test obligations or obligations under sections 124 and 125:
(b) sections 55 and 289 as if the appropriate incentive payments were those
set out in clauses 8 and 9 in subpart 3 of Part 6 of Schedule 4:
(c) section 288:
(d) sections 339, 340, 341, and 378:
(e) regulations 4 and 5 and Part 2 of the Social Security (Criteria for Incen-
tive Payments and Money Management) Regulations 2012 (as saved by
clauses 12 and 41(3) of Schedule 1), or replacement regulations made
under section 418(1)(c), (d), (l), and (m).
(7) MSD may from time to time review a requirement placed on a young person
under subsection (2) and may confirm or revoke it.
(8) In this section, risk of long-term welfare dependency, in relation to a person,
means the risk, determined using risk factors set by the Minister for the pur-
poses of section 165 and this section by direction under section 7, that the per-
son will, for an indefinite period, not be able to obtain full-time employment
and will be likely to remain wholly or largely dependent for the person’s finan-
cial support on all or part of a main benefit under this Act.
Compare: 1964 No 136 s 171A

169 Interpretation
In sections 164 to 167,—
approved early childhood education programme means an early childhood
education programme approved by regulations made under section 424
core check means a check of a child’s health and well-being that is—
(a) done under, and identified in contract or funding arrangements as an
essential part of, the programme in question; and
(b) funded, directly or indirectly, through Vote Health
specified beneficiary means a person who is in a relationship and receives in
his or her own right—
(a) an emergency benefit, supported living payment under section 34, or
jobseeker support; or
(b) New Zealand superannuation paid at a rate specified in clause 2 of
Schedule 1 of the New Zealand Superannuation and Retirement Income
Act 2001; or
(c) a veteran’s pension at the relationship (partner not receiving superannu-
ation or pension) rate or the relationship (partner not receiving super-

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Part 3 s 170 Social Security Act 2018 2018 No 32

annuation or pension) legacy rate (as defined in section 158 of the Vet-
erans’ Support Act 2014).
Compare: 1964 No 136 ss 60RAB(1), (4), 157

Specific obligations: obligation to work with contracted service providers

170 Obligation to work with contracted service providers
(1) This section applies to a person (P) who receives 1 of the following benefits,
whether in P’s own right or on behalf of P’s spouse or partner:
(a) jobseeker support:
(b) sole parent support:
(c) a supported living payment:
(d) an emergency benefit.
(2) P must, when required by MSD,—
(a) attend and participate in any interview with a contracted service provider
specified by MSD:
(b) attend and participate in any assessment of P undertaken on behalf of
MSD by a contracted service provider specified by MSD:
(c) co-operate with a contracted service provider specified by MSD in facili-
tating the provision of the services that the provider has been contracted
to provide in relation to P’s obligations under all or any of the following:
(i) conditions of an emergency benefit that MSD imposes or deter-
mines under section 63(5):
(ii) work-preparation obligations (see sections 124 and 125):
(iii) obligations in relation to dependent children (see sections 131 to
135):
(iv) work-test obligations (see sections 144 and 146):
(d) report to a contracted service provider specified by MSD on P’s compli-
ance with P’s obligations under this Act as often as, and in the manner
that, the provider reasonably requires.
Compare: 1964 No 136 s 60GAG(1)

171 Person who fails to comply with requirement under section 170(2) subject
to sanction
A person (P) is subject to a sanction (see section 233(f)) if MSD is satisfied
that P has, without a good and sufficient reason, failed to comply with a
requirement to take any of the steps listed in section 170(2).
Compare: 1964 No 136 s 60GAG(3)

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2018 No 32 Social Security Act 2018 Part 3 s 174

General obligations: obligations in relation to overseas pensions

172 Interpretation
In sections 173 to 180,—
NZ benefits legislation means all or any of the following enactments:
(a) this Act:
(b) the New Zealand Superannuation and Retirement Income Act 2001:
(c) Part 6 of the Veterans’ Support Act 2014
overseas pension has the same meaning given to it by section 187 for the pur-
poses of sections 187 to 190.

173 Applicant for benefit, etc, to take reasonable steps to obtain overseas
pension
(1) This section applies if—
(a) a person (A) is an applicant for a benefit under the NZ benefits legis-
lation; and
(b) 1 or more of the following persons may be entitled to an overseas pen-
sion or may be granted an overseas pension:
(i) A:
(ii) A’s spouse or partner:
(iii) A’s dependant.
(2) If this section applies,—
(a) A and A’s spouse or partner must take all reasonable steps to obtain the
overseas pension to which either or both of them may be entitled or that
may be granted to either or both of them; and
(b) A must take all reasonable steps to obtain the overseas pension to which
A’s dependant may be entitled or that may be granted to A’s dependant.
Compare: 1964 No 136 s 69G(1)

174 MSD may give notice requiring person to take reasonable steps to obtain
overseas pension
(1) MSD may give a notice to any of the following persons requiring that person to
take all reasonable steps to obtain an overseas pension to which that person
may be entitled or which that person may be granted:
(a) an applicant (A) for a benefit under the NZ benefits legislation:
(b) a recipient (R) of a benefit under the NZ benefits legislation:
(c) the spouse or partner of A or R.
(2) The notice must—
(a) be in writing; and

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(b) specify that the person to whom the notice is given must take all reason-
able steps to obtain the overseas pension for that person; and
(c) specify the period during which the person must take the necessary
steps.
Compare: 1964 No 136 s 69G(2)

175 MSD may give notice requiring person to take reasonable steps to obtain
overseas pension for dependant
(1) MSD may give a notice to any of the following persons requiring that person to
take all reasonable steps to obtain an overseas pension to which his or her
dependant may be entitled or which his or her dependant may be granted:
(a) an applicant for a benefit under the NZ benefits legislation:
(b) a recipient of a benefit under any of those enactments.
(2) The notice must—
(a) be in writing; and
(b) specify that the person to whom the notice is given must take all reason-
able steps to obtain the overseas pension for his or her dependant; and
(c) specify the period during which the person must take the necessary
steps.
Compare: 1964 No 136 s 69G(3)

176 Failure to comply with MSD’s notice given under section 178 or 179
(1) This section applies if a person to whom a notice has been given under section
174 or 175 fails to comply with that notice.
(2) MSD may—
(a) in the case of an applicant for a benefit, refuse to grant the benefit:
(b) in the case of a beneficiary or his or her spouse or partner, suspend the
benefit.
(3) A benefit suspended under subsection (2)(b) remains suspended until—
(a) the beneficiary or his or her spouse or partner satisfies MSD that he or
she has taken all reasonable steps to obtain the overseas pension; or
(b) MSD cancels the benefit under subsection (4).
(4) MSD may, not less than 40 working days after suspension of a benefit under
subsection (2)(b), cancel the benefit from the date that MSD determines.
Compare: 1964 No 136 s 69G(4), (5)

177 Applicant for benefit must provide information as to rate of overseas

pension
(1) This section applies if a person (A) applies for a benefit under the NZ benefits
legislation.

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2018 No 32 Social Security Act 2018 Part 3 s 180

(2) A must provide MSD with information establishing to MSD’s satisfaction the
rate of any overseas pension that is received by any of the following persons:
(a) A:
(b) A’s spouse or partner:
(c) A’s dependant.
(3) MSD may refuse to grant a benefit to an applicant who has not complied with
subsection (2) within 10 working days after applying for the benefit.
Compare: 1964 No 136 s 69H(1), (2)

178 MSD may give notice requiring beneficiary to provide information as to

rate of overseas pension
(1) This section applies if a person (P) receives a benefit under the NZ benefits
legislation.
(2) MSD may give P a written notice requiring P to provide MSD with information
establishing to MSD’s satisfaction the rate of any overseas pension that is
received by any of the following persons:
(a) P:
(b) P’s spouse or partner:
(c) P’s dependant.
Compare: 1964 No 136 s 69H(3)

179 Failure to comply with MSD’s notice given under section 178
(1) This section applies if a person to whom a notice has been given under section
178 fails to comply with that notice within 10 working days after the notice has
been given.
(2) MSD may suspend the benefit, which remains suspended until—
(a) the beneficiary establishes to MSD’s satisfaction the rate of the overseas
pension; or
(b) MSD cancels the benefit under subsection (3).
(3) MSD may, not less than 40 working days after suspension of a benefit under
subsection (2), cancel the benefit from the date that MSD determines.
Compare: 1964 No 136 s 69H(4), (5)

180 Meaning of rate

In sections 177 to 179, rate, in relation to an overseas pension, means the rate
of that pension in the currency of the country paying that pension.
Compare: 1964 No 136 s 69H(6)

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Part 3 s 181 Social Security Act 2018 2018 No 32

Miscellaneous
181 Application of health and safety legislation, etc
(1) This section applies if a person (P)—
(a) is doing work as part of a job search activity in accordance with P’s
work-test obligations or under section 261 or 324; or
(b) is a beneficiary and is doing work as part of an employment-related
activity or activity in the community arranged by MSD.
(2) The Health and Safety at Work Act 2015 and the Human Rights Act 1993
apply to P, and to the person (B) providing the work that person P is doing, as
if P were—
(a) a worker in B’s business or undertaking; or
(b) B’s employee.
(3) Except as provided in subsection (2), nothing in this Part creates or implies an
employment relationship between P and B.
Compare: 1964 No 136 s 123C

182 Obligations suspended where MSD has exercised discretion to pay benefit
while beneficiary overseas
(1) This section applies if MSD has exercised its discretion under any regulations
made under section 436 to pay a benefit to a person (P) for a period of absence
by P from New Zealand.
(2) During the period of absence for which the benefit is paid, P is not required to
comply with his or her work-test or work-preparation obligations or young per-
son or young parent obligations.

Part 4
Factors affecting benefits
Contents
Page
Subpart 1—Guide to this Part
183 What this Part does 109
Subpart 2—Factors affecting benefits
Factors affecting benefits: pre-benefit activities
184 Regulations may prescribe pre-benefit activities 110
185 MSD must explain requirements 110
Factors affecting benefits: insurance recovery
186 Benefit may be subject to repayment of insurance payment 110

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2018 No 32 Social Security Act 2018 Part 3 s 182

Factors reducing benefits: entitlement to overseas pensions

187 Interpretation 110
188 Persons affected by receipt of overseas pension 111
189 Benefit of person affected is reduced by amount of overseas 112
pension
190 MSD may enter into arrangement with person affected by receipt 112
of overseas pension
191 Treatment of certain overseas benefits, pensions, and allowances 112
that are not overseas pensions
Factors reducing benefits: failure to assist child support
192 MSD must reduce rates of benefits for sole parents for failure to 113
assist child support
193 No reduction in certain cases 114
194 Additional reduction in certain cases 114
Factors affecting eligibility for benefit: shared care of
dependent child
195 Shared care of dependent child 114
196 Rules for assessing which parent has greater responsibility for 115
dependent child
Factors reducing benefits: compensation or damages
197 Effect of compensation or damages on application for benefit 115
198 Loss of earnings compensation under Accident Compensation Act 116
2001
Factors affecting benefit: veteran’s entitlement
199 Veteran’s entitlement excludes any other benefit 117
200 Exceptions to rule that veteran’s entitlement excludes any other 117
benefit
Factors affecting benefit: personal benefit excludes
benefit on behalf
201 Personal benefit of spouse or partner excludes benefit on behalf of 118
spouse or partner
Factors affecting benefit: maintenance claim
202 MSD may refuse or cancel benefit for failure to take reasonable 118
steps to obtain maintenance
Factors affecting benefit: family protection claim
203 MSD may refuse or cancel benefit if family protection claim not 118
pursued

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Part 3 s 182 Social Security Act 2018 2018 No 32

Factors affecting benefit: person not ordinarily resident

in New Zealand
204 MSD may refuse or cancel benefit if person not ordinarily resident 119
in New Zealand
Factors affecting benefit: refugee or protected person status
205 Refugee or protected person status 119
Factors affecting benefit: hospitalisation
206 Hospitalisation 120
207 Benefit of spouse or partner increased after 13th week of 120
hospitalisation
Factors affecting benefit: alcohol and drug treatment
208 Beneficiary resident in institution for treatment of alcoholism or 121
drug addiction
Factors affecting benefit: issue of warrant for beneficiary’s arrest
209 Benefit not payable to person who is subject to warrant of arrest 121
210 Beneficiary and offence defined for section 209 122
211 MSD must give beneficiary notice of unresolved warrant 122
212 Requirements for unresolved warrant notice 122
213 Immediate suspension of benefit at request of New Zealand Police 122
214 Beneficiary and offence defined for section 213 123
215 MSD must give beneficiary notice of immediate suspension 123
216 Effect of non-payment or suspension of benefit 123
Factors affecting benefit: custody in prison or on remand
217 Benefit not payable during custody in prison or on remand 124
218 Exceptions to rule that benefit not payable during custody in prison 124
or on remand
Factors affecting benefit: absence from New Zealand
219 General rule: benefit not payable while beneficiary absent from 125
New Zealand
220 Special absence rule: winter energy payment 125
Factors affecting benefit: additional dependent child
221 Purpose of sections 222 to 224 126
222 Additional dependent child must not be taken into account in 126
certain cases
223 Extended application of additional dependent child rules 127
224 Limited application of additional dependent child rules 127
Factors affecting benefit: voluntary unemployment or
loss of employment through misconduct, etc
225 Basic rule: no work-tested benefit for 13 weeks after leaving 128
employment or scheme or loss of employment due to misconduct

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2018 No 32 Social Security Act 2018 Part 4 s 183

226 Persons to whom basic rule applies 128

227 What happens if basic rule applies 128
228 MSD’s options in case of misconduct 129
229 Interpretation 129
Factors affecting benefits: non-entitlement period, stand down, or
100% suspension of benefit
230 How non-entitlement period, etc, affects supplementary benefits, 129
and spouse or partner

Subpart 1—Guide to this Part

183 What this Part does
(1) This Part sets out the factors that may affect a benefit.
(2) The factors affecting a benefit are:
(a) pre-benefit activities:
(b) insurance recovery:
(c) entitlement to an overseas pension:
(d) failure to assist child support:
(e) shared care of a dependent child:
(f) compensation or damages:
(g) the grant of a veteran’s entitlement:
(h) a personal benefit excluding a benefit on behalf of a spouse or partner:
(i) a family protection claim:
(j) refugee or protected person status:
(k) hospitalisation:
(l) alcohol and drug treatment:
(m) the issue of a warrant for a beneficiary’s arrest:
(n) custody in prison or on remand:
(o) absence from New Zealand:
(p) an additional dependent child:
(q) voluntary unemployment or loss of employment through misconduct,
etc:
(r) a non-entitlement period, stand down, or 100% suspension of benefit.

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Part 4 s 184 Social Security Act 2018 2018 No 32

Subpart 2—Factors affecting benefits

Factors affecting benefits: pre-benefit activities
184 Regulations may prescribe pre-benefit activities
MSD may, in accordance with regulations made under section 432,—
(a) require a person who contacts MSD requesting financial assistance
under this Act or that person’s spouse or partner (if any) to undertake 1
or more pre-benefit activities; and
(b) impose consequences for non-compliance, without a good and sufficient
reason, with a requirement to undertake the 1 or more pre-benefit activ-
ities.
Compare: 1964 No 136 ss 11E, 11G, 11H

185 MSD must explain requirements

MSD must take reasonable and appropriate steps to make every person on
whom any requirements are placed under regulations made under section 432
(the regulations) aware of the following:
(a) the person’s obligations (as set out in the regulations) in relation to the
requirements; and
(b) the consequences (as set out in the regulations) of failure to comply with
the requirements; and
(c) when a requirement is to be, or has been, revoked, and when the revoca-
tion takes, or took, effect.
Compare: 1964 No 136 s 11F

Factors affecting benefits: insurance recovery

186 Benefit may be subject to repayment of insurance payment
MSD may, in accordance with regulations made under section 433, make the
grant of a benefit or the rate of the benefit subject to repayment to MSD of all
or part of an insurance payment of a kind or description, or that falls within a
class or definition, prescribed by those regulations.
Compare: 1964 No 136 s 68A

Factors reducing benefits: entitlement to overseas pensions

187 Interpretation
In this section and in sections 188 to 190,—
NZ benefits legislation means all or any of the following enactments:
(a) this Act:

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2018 No 32 Social Security Act 2018 Part 4 s 188

(b) Part 1 of the New Zealand Superannuation and Retirement Income Act
2001:
(c) Part 6 of the Veterans’ Support Act 2014
overseas pension means a benefit, pension, or periodical allowance, or any
part of it, that—
(a) is granted elsewhere than in New Zealand; and
(b) is determined by MSD to be a payment that is part of a programme
that—
(i) provides benefits, pensions, or periodical allowances for any of
the contingencies for which benefits, pensions, or allowances may
be paid under NZ benefits legislation; and
(ii) is administered by or on behalf of the Government of the country
from which the benefit, pension, or periodical allowance is
received; and
(c) is not a Government occupational pension (as defined in Schedule 2);
and
(d) is not determined by MSD to be in the nature of, and paid for similar
purposes as,—
(i) compensation for injury or death for which payment could be
made under the Accident Compensation Act 2001 if the injury or
death had occurred in New Zealand after the commencement of
that Act; or
(ii) a war pension or allowance granted under the Veterans’ Support
Act 2014 of a type that would not affect any recipient’s entitle-
ment to a benefit under sections 18 and 199 to 201 of this Act
unless the pension or allowance is a pension or payment granted
under Part 6 of the Veterans’ Support Act 2014; or
(iii) a disability allowance.
Compare: 1964 No 136 s 70(1), (1A), (1B), (2)

188 Persons affected by receipt of overseas pension

A person (P) is a person affected by the receipt of an overseas pension if P is a
person who is qualified to receive a benefit under the NZ benefits legislation
and—
(a) P is entitled to receive or receives an overseas pension in respect of any
of the following persons:
(i) P:
(ii) P’s spouse or partner:
(iii) any dependant of P; or

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Part 4 s 189 Social Security Act 2018 2018 No 32

(b) P’s spouse or partner is entitled to receive or receives an overseas pen-

sion; or
(c) any of P’s dependant or dependants is entitled to receive or receives an
overseas pension.
Compare: 1964 No 136 s 70(1)(a)

189 Benefit of person affected is reduced by amount of overseas pension

(1) The rate of the benefit or benefits that would otherwise be payable under the
NZ benefits legislation to a person affected by the receipt of an overseas pen-
sion must be reduced by the amount of the overseas pension as determined by
MSD under regulations made under section 434.
(2) Subsection (1) does not apply to—
(a) New Zealand superannuation payable overseas under section 26 of the
New Zealand Superannuation and Retirement Income Act 2001; or
(b) a veteran’s pension payable overseas under section 182 of the Veterans’
Support Act 2014.
Compare: 1964 No 136 s 70(1)

190 MSD may enter into arrangement with person affected by receipt of
overseas pension
MSD may, in accordance with regulations made under section 434, enter into
an arrangement with a person affected by the receipt of an overseas pension (P)
to pay P the rate of a benefit or benefits under the NZ benefits legislation in
consideration of MSD receiving an amount that is equivalent to the amount of
the overseas pension in question.
Compare: 1964 No 136 s 70(3)–(4)

191 Treatment of certain overseas benefits, pensions, and allowances that are
not overseas pensions
(1) This section applies to a benefit, pension, or periodical allowance, or any part
of it, that—
(a) is granted elsewhere than in New Zealand; and
(b) is administered by or on behalf of the Government of the country from
which the benefit, pension, or periodical allowance is received; and
(c) is determined by MSD to be in the nature of, and paid for similar pur-
poses as,—
(i) compensation for injury or death for which payment could be
made under the Accident Compensation Act 2001 if the injury or
death had occurred in New Zealand after the commencement of
that Act; or
(ii) a war pension or allowance granted under the Veterans’ Support
Act 2014 of a type that would not affect any recipient’s entitle-

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2018 No 32 Social Security Act 2018 Part 4 s 192

ment to a benefit under sections 18 and 199 to 201 of this Act

unless the pension or allowance is a pension or payment granted
under Part 6 of the Veterans’ Support Act 2014; or
(iii) a disability allowance.
(2) MSD must treat a benefit, pension, or periodical allowance, or any part of it, to
which this section applies as if it were in fact the relevant compensation, pen-
sion, or allowance specified in subsection (1)(c) (see, for example, sections 18,
87, and 199 to 201).
Compare: 1964 No 136 s 70(1)

Factors reducing benefits: failure to assist child support

192 MSD must reduce rates of benefits for sole parents for failure to assist
child support
(1) This section applies to any person (P) who—
(a) is a sole parent; and
(b) receives one of the following benefits:
(i) sole parent support:
(ii) a supported living payment on the ground of restricted work cap-
acity or total blindness:
(iii) jobseeker support (except jobseeker support granted under section
25(3) or (4)):
(iv) a young parent payment:
(v) an emergency benefit.
(2) MSD must reduce the benefit in subsection (1)(b) payable to P in respect of
each dependent child in P’s care for whom P is not receiving an orphan’s bene-
fit or an unsupported child’s benefit by the prescribed amount (see section
418(1)(i)) if P fails or refuses to do any of the following things:
(a) identify who is in law the other parent of the child:
(b) apply for formula assessment of child support as required by section 9 of
the Child Support Act 1991:
(c) give in evidence, in a proceeding under the Child Support Act 1991, all
information that is required of P as a compellable witness under section
122 of that Act.
(3) Subsection (2) is overridden by section 193.
(4) If P’s failure or refusal to do anything referred to in subsection (2) resulted in
the reduction of P’s benefit, and P subsequently does that thing, the reduction
of benefit under subsection (2) ceases to apply.
Compare: 1964 No 136 s 70A(1), (2), (4)

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Part 4 s 193 Social Security Act 2018 2018 No 32

193 No reduction in certain cases

(1) MSD must not reduce a benefit under section 192(2) if MSD is satisfied that—
(a) there is insufficient evidence available to establish who is in law the
other parent; or
(b) the beneficiary is taking active steps to identify who is in law the other
parent; or
(c) the beneficiary or any of the beneficiary’s children would be at risk of
violence if the beneficiary did or took steps to do any of the things
referred to in section 192(2); or
(d) the child was conceived as a result of incest or sexual violation; or
(e) there is some other compelling circumstance for the beneficiary’s failure
or refusal to do any of the things referred to in section 192(2) and in any
event there is no real likelihood of child support being collected in the
foreseeable future from the other parent or the other parent’s estate.
(2) In subsection (1)(c), violence has the same meaning as in section 3 of the
Domestic Violence Act 1995.
Compare: 1964 No 136 s 70A(3), (9)

194 Additional reduction in certain cases

(1) This section applies where MSD has reduced a benefit under section 192(2).
(2) MSD must further reduce the benefit by an additional amount prescribed by
regulations made under section 418(1)(i) if—
(a) a period of least 13 weeks has elapsed since the benefit was first reduced
under section 192(2); and
(b) during that period MSD has given the beneficiary a reasonable opportun-
ity to do the thing that (because of the beneficiary’s refusal or failure to
do that thing) resulted in the reduction; and
(c) the beneficiary continues to refuse or fail to do that thing.
(3) An additional reduction under this section stops when a reduction under section
192(2) stops.
Compare: 1964 No 136 s 70A(5), (6), (8)

Factors affecting eligibility for benefit: shared care of dependent child

195 Shared care of dependent child
(1) This section applies if—
(a) the parents of a dependent child live apart; and
(b) both parents receive benefits; and
(c) each parent has the primary responsibility for the care of the child for at
least 40% of the time.

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2018 No 32 Social Security Act 2018 Part 4 s 197

(2) In assessing the benefit and rate of benefit of each parent, MSD must treat the
child as a dependent child in assessing the benefit and rate of the primarily
responsible parent only.
(3) In subsection (2), the primarily responsible parent is—
(a) the parent who MSD decides has the greater responsibility for the child;
or
(b) if MSD is unable to make a decision under paragraph (a), the parent who
MSD decides was the child’s principal caregiver immediately before the
parents began living apart; or
(c) if MSD is unable to make a decision under paragraph (a) or (b), the
parent who the parents agree is the primarily responsible parent.
(4) If the primarily responsible parent cannot be identified under subsection (3),
MSD must not take the child into account in assessing the benefit and rate of
benefit of either parent until the parents agree who is the primarily responsible
parent.
Compare: 1964 No 136 s 70B(1), (3), (4)

196 Rules for assessing which parent has greater responsibility for dependent
child
For the purposes of deciding under section 195(3)(a) which parent has greater
responsibility for the child, MSD must have regard primarily to the time that
the child is in the care of each parent and then to the following factors:
(a) how the responsibility for decisions about the daily activities of the child
is shared; and
(b) who is responsible for taking the child to and from school and super-
vising that child’s leisure activities; and
(c) how decisions about the education or health care of the child are made;
and
(d) the financial arrangements for the child’s material support; and
(e) which parent pays for which expenses of the child.
Compare: 1964 No 136 s 70B(2)

Factors reducing benefits: compensation or damages

197 Effect of compensation or damages on application for benefit
(1) This section applies if—
(a) a person (P) applies for a benefit; and
(b) P has been paid or has a claim for compensation or damages from any
other person in respect of—
(i) any disability caused by accident or disease; or

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Part 4 s 198 Social Security Act 2018 2018 No 32

(ii) wrongful or unjustifiable dismissal.

(2) If P has been paid compensation or damages, MSD may refuse the benefit or
grant a reduced benefit for the period of disability or loss of expectation of
employment for which the compensation or damages have been paid or
deemed by MSD to have been paid.
(3) If P has a claim for compensation or damages, MSD may grant the benefit on
the condition that MSD may require P to repay MSD all or part of the benefit
out of the compensation or damages that are paid to P as a result of the claim.
(4) If a benefit or part of a benefit is granted on the condition set out in subsection
(3), the benefit or the part of it—
(a) constitutes a charge on the compensation or damages; and
(b) is a debt due to the Crown under regulations made under section 444
from the beneficiary or any person liable for the payment of the compen-
sation or damages; and
(c) is subject to recovery under regulations made under section 444 from the
beneficiary or any person liable for the payment of the compensation or
damages.
(5) In this section, compensation or damages—
(a) includes any ex gratia payment made in settlement or on account of a
claim for compensation or damages; but
(b) does not include any impairment lump sum received under Schedule 1 of
the Accident Compensation Act 2001.
Compare: 1964 No 136 s 71

198 Loss of earnings compensation under Accident Compensation Act 2001

(1) This section applies if—
(a) a person (P) is entitled to a specified benefit as defined in subsection (3);
and
(b) either of the following persons is entitled to receive or receives weekly
loss of earnings compensation:
(i) P, on P’s own account or in respect of P’s spouse or partner or of
P’s dependent child:
(ii) P’s spouse or partner.
(2) MSD must reduce the rate of the specified benefit payable to P by the amount
of weekly loss of earnings compensation received by P or P’s spouse or partner
(unless this subsection does not apply because of the exception in clause 31 of
Schedule 1).
(3) In this section,—

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2018 No 32 Social Security Act 2018 Part 4 s 200

specified benefit means a main benefit under this Act, an orphan’s benefit, an
unsupported child’s benefit, and a veteran’s pension subject to abatement under
section 171 of the Veterans’ Support Act 2014
weekly loss of earnings compensation means weekly compensation for loss
of earnings or loss of potential earning capacity payable to a person under the
Accident Compensation Act 2001.
Compare: 1964 No 136 s 71A(1)–(3)

Factors affecting benefit: veteran’s entitlement

199 Veteran’s entitlement excludes any other benefit
(1) A person (P) who is granted an entitlement under the Veterans’ Support Act
2014 or in respect of whom an entitlement under that Act is payable is not
entitled to any other benefit under this Act.
(2) Subsection (1) is subject to section 200.
Compare: 1964 No 136 s 72(b)

200 Exceptions to rule that veteran’s entitlement excludes any other benefit
(1) Section 199(1) does not apply if the entitlement under the Veterans’ Support
Act 2014 is any of the following:
(a) a pension or allowance granted to P on the ground of P’s disablement:
(b) a pension or allowance under Part 6 of the Veterans’ Support Act 2014:
(c) a surviving spouse or partner pension granted under Part 3 of the Vet-
erans’ Support Act 2014:
(d) an allowance for services rendered as an attendant on a disabled member
of the New Zealand or any other Commonwealth forces or of the Emer-
gency Reserve Corps or of the New Zealand mercantile marine.
(2) Section 199(1) does not exclude a person who is paid a children’s pension
under section 72 of the Veterans’ Support Act 2014 from eligibility for any of
the following benefits:
(a) a supported living payment on the ground of restricted work capacity or
total blindness:
(b) jobseeker support on the ground of health condition, injury, or disability:
(c) a youth payment or young parent payment granted to a person who
qualifies for an exemption from the obligation to undertake education or
training or work-based learning (as defined in section 162(4)) on the
ground of the person’s health condition (for example, sickness), injury,
or disability:
(d) a child disability allowance.
Compare: 1964 No 136 s 72(b)

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Part 4 s 201 Social Security Act 2018 2018 No 32

Factors affecting benefit: personal benefit excludes benefit on behalf

201 Personal benefit of spouse or partner excludes benefit on behalf of spouse
or partner
(1) This section applies to a part of a benefit if the part is payable in respect of a
person’s (P’s) spouse or partner.
(2) The part must not be paid for a period when a personal benefit is payable in
respect of P’s spouse or partner.
(3) This section is subject to regulations made under section 442(2)(e) (regula-
tions: payments: apportionment) for the purposes of section 337 (how benefits
are paid).
Compare: 1964 No 136 s 72(c)

Factors affecting benefit: maintenance claim

202 MSD may refuse or cancel benefit for failure to take reasonable steps to
obtain maintenance
(1) This section applies if MSD is satisfied an applicant has failed to take reason-
able steps to obtain, or has foregone rights to, maintenance the applicant may
be entitled to in respect of the applicant under the Family Proceedings Act
1980 or any other Act.
(2) MSD may refuse to grant a benefit, cancel or reduce a benefit already granted,
or grant a benefit at a reduced rate.
Compare: 1964 No 136 s 74(1)(e)

Factors affecting benefit: family protection claim

203 MSD may refuse or cancel benefit if family protection claim not pursued
(1) This section applies if a person (P) who is a beneficiary or an applicant for a
benefit, in MSD’s view,—
(a) has a tenable claim under the Family Protection Act 1955 for a share of
or provision out of the estate of a deceased relative; and
(b) has failed to take reasonable steps to advance that claim, including
bringing or participating in court proceedings to enforce P’s claim.
(2) MSD may refuse to grant the benefit, grant it at a reduced rate, or cancel a
benefit already granted.
(3) MSD may intervene in court proceedings for enforcing P’s claim under the
Family Protection Act 1955 and may give evidence or make submissions in
support of P’s claim.
Compare: 1964 No 136 s 73

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2018 No 32 Social Security Act 2018 Part 4 s 205

Factors affecting benefit: person not ordinarily resident in New Zealand

204 MSD may refuse or cancel benefit if person not ordinarily resident in New
Zealand
(1) MSD may refuse to grant a benefit, cancel or reduce a benefit already granted,
or grant a benefit at a reduced rate, if MSD is satisfied that the applicant, or the
spouse or partner of the applicant or any person in respect of whom the benefit
or any part of the benefit is or would be payable, is not ordinarily resident in
New Zealand.
(2) This section does not apply to—
(a) New Zealand superannuation being paid overseas under section 26 of the
New Zealand Superannuation and Retirement Income Act 2001 (see sec-
tion 29(4A) of that Act); or
(b) New Zealand superannuation payable to a person resident in a specified
Pacific country under section 31 of the New Zealand Superannuation
and Retirement Income Act 2001 (see section 35(2) of that Act); or
(c) a veteran’s pension being paid overseas under section 182 of the Vet-
erans’ Support Act 2014 (see section 189(3) of that Act); or
(d) a veteran’s pension payable to a person resident in a specified Pacific
country under section 191 of the Veterans’ Support Act 2014 (see sec-
tion 195(2) of that Act):
(e) a benefit payable under any reciprocity agreement with another country
adopted by an order made under section 380.
Compare: 1964 No 136 s 74(1)(a); 2001 No 84 ss 29(4A), 35(2); 2014 No 56 ss 189(3), 195(2)

Factors affecting benefit: refugee or protected person status

205 Refugee or protected person status
(1) This section applies if MSD is satisfied that a person (P) is any of the follow-
ing:
(a) a person lawfully present in New Zealand who is awaiting the outcome
of the person’s claim for recognition as a refugee or a protected person:
(b) a person who is recognised as a refugee or protected person:
(c) a person applying for a residence class visa under the Immigration Act
2009 who is compelled to remain in New Zealand because of unforeseen
circumstances.
(2) MSD may grant P—
(a) an emergency benefit under section 63:
(b) temporary additional support under section 96.

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Part 4 s 206 Social Security Act 2018 2018 No 32

(3) This section overrides section 16 (residential requirement) and section 19

(general limitation on receiving benefit: persons unlawfully resident or present
in New Zealand and persons holding temporary entry class visa).
Compare: 1964 No 136 s 74A(1A), (1B)

Factors affecting benefit: hospitalisation

206 Hospitalisation
(1) The main benefit under this Act of a person (P) is affected by hospitalisation if
P—
(a) is in hospital for a period of more than 13 weeks; and
(b) has a spouse or partner but no dependent children or is single.
(2) The rate of P’s benefit after the 13th week is the rate specified in Part 12 of
Schedule 4 except that MSD may pay P a higher rate after taking into account
P’s personal financial circumstances.
(3) The rate of benefit that is paid to P under subsection (2) is not affected by any
absence or absences from hospital of P—
(a) after the 13th week of hospitalisation; and
(b) lasting no longer than 28 days.
Compare: 1964 No 136 s 75(2)–(4), (6)

207 Benefit of spouse or partner increased after 13th week of hospitalisation

(1) This section applies if—
(a) a person’s (P’s) main benefit under this Act is reduced under section
206; and
(b) P has a spouse or partner who is not in hospital or has been in hospital
for less than 13 weeks; and
(c) a main benefit under this Act is payable to or in respect of P’s spouse or
partner.
(2) On the reduction of P’s benefit, the main benefit under this Act of the spouse or
partner must be increased with effect from the date of reduction by an amount
equal to the difference between—
(a) the maximum rate of benefit payable to a single person; and
(b) the maximum rate of benefit payable in respect of a person who has a
spouse or partner and whose spouse or partner is receiving a benefit.
(3) Nothing in this section entitles a single person or a couple who are in a rela-
tionship to be paid a greater amount of benefit, as a result of hospitalisation,
than would otherwise have been payable.
Compare: 1964 No 136 s 75(5), (7)

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2018 No 32 Social Security Act 2018 Part 4 s 209

Factors affecting benefit: alcohol and drug treatment

208 Beneficiary resident in institution for treatment of alcoholism or drug
addiction
(1) This section applies if a person (P) is—
(a) a beneficiary; and
(b) a resident of an institution for the treatment of alcoholism or drug addic-
tion.
(2) The rate of any benefit payable to P while a resident of the institution is deter-
mined by MSD after taking into account P’s personal financial circumstances.
(3) In subsection (1), institution for the treatment of alcoholism or drug addic-
tion means a treatment centre under the Substance Addiction (Compulsory
Assessment and Treatment) Act 2017 (the 2017 Act) (not being a psychiatric
security institution within the meaning of the Mental Health (Compulsory
Assessment and Treatment) Act 1992) or any institution that fulfils a similar
purpose to a treatment centre under the 2017 Act.
Compare: 1964 No 136 s 75A

Factors affecting benefit: issue of warrant for beneficiary’s arrest

209 Benefit not payable to person who is subject to warrant of arrest
(1) A benefit is not payable to a person (P) if MSD is satisfied that—
(a) P is a beneficiary who receives a main benefit under this Act, New Zea-
land superannuation, or a veteran’s pension; and
(b) criminal proceedings have been commenced against P in a New Zealand
court for an offence; and
(c) a warrant has been issued by a New Zealand court (or judge or registrar
of a New Zealand court) for P’s arrest in connection with those proceed-
ings; and
(d) the warrant has not been resolved and at least 28 days have elapsed since
the date on which the warrant was issued.
(2) However, MSD must not stop under this section payment of P’s benefit unless
MSD has first—
(a) followed the procedure set out in sections 211 and 212; and
(b) considered P’s response, if any, to the unresolved warrant notice given
under section 211.
(3) A benefit the payment of which is stopped under this section remains not pay-
able until MSD is satisfied that P is not the subject of the warrant or that the
warrant has been resolved.

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Part 4 s 210 Social Security Act 2018 2018 No 32

(4) Nothing in this section affects the power of MSD to suspend immediately the
benefit of a person under section 213.
Compare: 1964 No 136 s 75B(1), (6)

210 Beneficiary and offence defined for section 209

In section 209,—
beneficiary excludes a person who is 1 of the following:
(a) a young person (as defined in section 2(1) of the Oranga Tamariki Act
1989):
(b) a person who falls within a class, description, or kind of beneficiary that
is excluded from the operation of section 209 by regulations made under
section 435
offence excludes an offence of a class, description, or kind excluded from the
operation of section 209 by regulations made under section 435.
Compare: 1964 No 136 s 75B(2)

211 MSD must give beneficiary notice of unresolved warrant

As soon as practicable after MSD is notified of the issue of the warrant, MSD
must give P a notice for the purposes of this section (an unresolved warrant
notice) that complies with section 212.
Compare: 1964 No 136 s 75B(3)

212 Requirements for unresolved warrant notice

(1) An unresolved warrant notice must—
(a) specify a period of 10 working days within which the person to whom
the notice is delivered (P) may—
(i) dispute that P is the person to whom the warrant applies; or
(ii) take steps to resolve the warrant; and
(b) specify the steps that P may take to dispute that P is the subject of the
warrant or to resolve the warrant; and
(c) specify the consequences if P fails to resolve the warrant within the 10-
working-day period.
(2) An unresolved warrant notice that involves information supplied by the Minis-
try of Justice under clause 15 of Schedule 6 may be combined with a notice of
adverse action given under section 103(1) of the Privacy Act 1993.
Compare: 1964 No 136 s 75B(3), (4)

213 Immediate suspension of benefit at request of New Zealand Police

MSD may suspend immediately a benefit payable to a person (P) if—
(a) MSD is satisfied that—

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2018 No 32 Social Security Act 2018 Part 4 s 216

(i) criminal proceedings have been commenced against P in a New

Zealand court for an offence; and
(ii) a warrant has been issued in New Zealand for P’s arrest in connec-
tion with those proceedings; and
(iii) the warrant has not been resolved; and
(b) the New Zealand Police has given MSD a written notice that—
(i) states that the Commissioner of Police considers on reasonable
grounds that P is a risk to public safety; and
(ii) requests MSD on the ground of that risk to suspend the benefit
payable to P; and
(iii) is signed by the Commissioner or by a constable who occupies a
position of the level of inspector or above.
Compare: 1964 No 136 s 75B(7)

214 Beneficiary and offence defined for section 213

In section 213,—
beneficiary excludes a person who is 1 of the following:
(a) a young person (as defined in section 2(1) of the Oranga Tamariki Act
1989):
(b) a person who falls within a class, description, or kind of beneficiary that
is excluded from the operation of section 213 by regulations made under
section 435
offence excludes an offence of a class, description, or kind excluded from the
operation of section 213 by regulations made under section 435.
Compare: 1964 No 136 s 75B(2)

215 MSD must give beneficiary notice of immediate suspension

(1) This section applies if under section 213 MSD suspends immediately a benefit
payable to a person (P).
(2) As soon as reasonably practicable, MSD must give P a written notice that—
(a) states that the benefit has been suspended; and
(b) states the reason for the suspension; and
(c) specifies the steps that P may take to dispute that P is the subject of the
warrant or to resolve the warrant.
Compare: 1964 No 136 s 75B(8)

216 Effect of non-payment or suspension of benefit

(1) The following sections apply to a benefit (as if it had been suspended under
section 232) that is not payable under section 209 or is suspended under section
213:

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Part 4 s 217 Social Security Act 2018 2018 No 32

(a) section 230:

(b) section 245:
(c) section 246:
(d) section 248.
(2) However, section 245 (which protects a spouse or partner) ceases to apply
under subsection (1)(b) to the benefit at the close of the 28th day after the date
on which it becomes not payable or is suspended.
(3) Subsection (1)(b) does not apply if—
(a) the person whose benefit is suspended under section 213 is not receiving
a main benefit under this Act; or
(b) the spouse or partner of the person whose benefit is suspended under
section 213 is receiving a main benefit under this Act in the spouse’s or
partner’s own right.
Compare: 1964 No 136 s 75B(9), (10)

Factors affecting benefit: custody in prison or on remand

217 Benefit not payable during custody in prison or on remand
(1) A benefit is not payable to a person (P) for any period during which P is—
(a) in custody in prison; or
(b) in custody on remand; or
(c) an escapee from custody in prison.
(2) In this section and section 218,—
custody in prison means custody in prison under a sentence of imprisonment
or preventive detention
custody on remand means custody on remand by a court pending a further
appearance before a court.
(3) For the purposes of this section,—
(a) MSD may regard as time spent in custody in prison or custody on
remand time spent by a beneficiary in a hospital during a period of cus-
tody; and
(b) a person does not cease to be in custody by being released for a period of
24 hours or less for a purpose authorised by the Corrections Act 2004.
Compare: 1964 No 136 s 76(1), (5), (6)

218 Exceptions to rule that benefit not payable during custody in prison or on
remand
(1) MSD may continue payment to a beneficiary of New Zealand superannuation
or a veteran’s pension for 2 pay days after the first day of custody in prison.
(2) MSD may pay all or part of a benefit to—

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2018 No 32 Social Security Act 2018 Part 4 s 220

(a) the spouse or partner of a person in custody in prison or of an escapee

from that custody; or
(b) any responsible person for the benefit of—
(i) that spouse or partner; or
(ii) the dependent child or children of a person in custody in prison or
of an escapee from that custody.
(3) MSD may pay all or part of a benefit to a beneficiary in custody on remand
after taking into account the beneficiary’s personal financial circumstances.
Compare: 1964 No 136 s 76(2)–(4)

Factors affecting benefit: absence from New Zealand

219 General rule: benefit not payable while beneficiary absent from New
Zealand
(1) For any period during which a person is absent from New Zealand, a benefit is
not payable to that person.
(2) However, this section does not apply to a benefit payable under—
(a) subpart 11 of Part 2 (winter energy payment); or
(b) sections 21 to 35 of the New Zealand Superannuation and Retirement
Income Act 2001; or
(c) sections 176 to 196 of the Veterans’ Support Act 2014; or
(d) any reciprocity agreement with another country adopted by an order
made under section 380.
(3) This section is also subject to the exceptions, or other contrary or related provi-
sions, contained in regulations made under section 436.
Compare: 1964 No 136 ss 61FJ(3), 77; 2001 No 84 s 35(2); 2014 No 56 s 195(2)

220 Special absence rule: winter energy payment

(1) The winter energy payment is not payable for 1 or more days while a benefi-
ciary is absent from New Zealand unless it is so payable under subsection (2).
(2) The winter energy payment is payable to a beneficiary for 1 or more days dur-
ing any 1 or more absences of the beneficiary from New Zealand so long as
each such absence is equal to or shorter than 4 weeks during the winter period
(as defined in section 71) and—
(a) the payment would, but for those 1 or more absences, be payable to the
beneficiary; and
(b) the chief executive is satisfied that the 1 or more absences do not affect
the beneficiary’s eligibility for the payment under section 72.
(3) Sections 219 and 436 do not apply to the winter energy payment.
Compare: 1964 No 136 s 61FJ(1), (2)

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Part 4 s 221 Social Security Act 2018 2018 No 32

Factors affecting benefit: additional dependent child

221 Purpose of sections 222 to 224
(1) The purpose of sections 222 to 224 is to improve the financial and social out-
comes for families that include people to whom those sections apply.
(2) Sections 222 to 224 achieve their purpose—
(a) by providing earlier access to employment services and expectations;
and
(b) while recognising the care and development needs of children.
Compare: 1964 No 136 s 60GAD

222 Additional dependent child must not be taken into account in certain cases
(1) This section applies when a person (P)—
(a) receives 1 of the following benefits (whether in P’s own right or as the
spouse or partner of the person granted the benefit):
(i) sole parent support:
(ii) a supported living payment:
(iii) jobseeker support:
(iv) an emergency benefit; and
(b) is the caregiver, or principal caregiver, of a dependent child or children;
and
(c) becomes the caregiver, or principal caregiver, of a dependent child (an
additional dependent child) who is additional to the existing dependent
child or children.
(2) An additional dependent child aged 1 year or over is not a dependent child for
the purposes of P’s eligibility for sole parent support (see section 30).
(3) An additional dependent child aged 1 year or over is—
(a) not a dependent child for the purposes of the criteria stated in section
121 for imposing work-preparation obligations on P or P’s spouse or
partner under sections 120 to 125:
(b) not a dependent child for the purposes of determining whether P or P’s
spouse or partner falls within the definitions of any of the following
terms (see Schedule 2):
(i) part-time work-tested beneficiary:
(ii) work-tested sole parent support beneficiary:
(iii) work-tested spouse or partner.
(4) Subsection (1) does not apply when—
(a) P is the resident of another country; and

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2018 No 32 Social Security Act 2018 Part 4 s 224

(b) there is in force under section 380 an order declaring that the provisions
contained in an agreement (for example, a convention) with the govern-
ment of that other country set out in a schedule of the order have force
and effect so far as they relate to New Zealand.
(5) In applying subsection (2) to a beneficiary for the purposes only of determining
that person’s eligibility for sole parent support, in a case where the benefi-
ciary’s sole parent support expired on the date that the beneficiary’s youngest
child turned 14 years old and has been replaced with jobseeker support,
“An additional dependent child aged 1 year or over” must be read as “An addi-
tional dependent child at all times after that child is born”.
Compare: 1964 No 136 s 60GAE(1), (1A), (2), (3A)

223 Extended application of additional dependent child rules

(1) MSD may apply the additional dependent child rules in section 222(2) and (3)
in relation to any dependent child or children of whom a person (P) who
already has any dependent child or children becomes a caregiver, or the princi-
pal caregiver, if MSD is satisfied that—
(a) P’s situation is analogous to that of a person to whom section 222(1)
applies; or
(b) to apply those rules will best achieve the purpose stated in section 221.
(2) An example of a situation that is analogous to that of a person to whom section
222(1) applies is that of a woman who gives birth during a period when the
woman has temporarily ceased receiving a benefit (whether the woman has
ceased receiving the benefit in the woman’s own right, or as the spouse or part-
ner of the person granted the benefit).
Compare: 1964 No 136 s 60GAE(4), (5)

224 Limited application of additional dependent child rules

MSD may elect (for any period MSD thinks fit) not to apply the additional
dependent child rules in section 222(2) and (3) in relation to any additional
dependent child or children if MSD is satisfied in any particular case that—
(a) not to apply those rules will best achieve the purpose stated in section
221; or
(b) there are circumstances beyond the control of the beneficiary parent con-
cerned making it inappropriate or unreasonable to apply those rules.
Compare: 1964 No 136 s 60GAF

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Part 4 s 225 Social Security Act 2018 2018 No 32

Factors affecting benefit: voluntary unemployment or loss of employment

through misconduct, etc
225 Basic rule: no work-tested benefit for 13 weeks after leaving employment
or scheme or loss of employment due to misconduct
(1) A person is not entitled to a work-tested benefit for a period of 13 weeks after
ceasing employment if MSD is satisfied that the person has—
(a) left that employment voluntarily without good and sufficient reason; or
(b) lost that employment because of misconduct as an employee.
(2) A person is not entitled to a work-tested benefit for a period of 13 weeks after
ceasing to participate in a scheme if MSD is satisfied that the person—
(a) has been receiving payments under the scheme and has voluntarily
ceased to participate in the scheme without good and sufficient reason;
or
(b) has ceased to participate in the scheme because of misconduct.
(3) This section is subject to section 323.
Compare: 1964 No 136 s 60H(3), (4)

226 Persons to whom basic rule applies

The basic rule applies to the following persons:
(a) a work-tested beneficiary:
(b) an applicant for a benefit who would become a work-tested beneficiary
if the benefit were granted:
(c) the spouse or partner of an applicant for a couple rate of benefit who
would become a work-tested spouse or partner if the benefit were gran-
ted:
(d) an applicant for jobseeker support on the ground of health condition,
injury, or disability who has the capacity for part-time work.
Compare: 1964 No 136 s 60H(2)

227 What happens if basic rule applies

(1) If the basic rule applies to a person (P),—
(a) MSD must cancel the benefit (if granted); and
(b) must not grant P the benefit in any other case; and
(c) P is not entitled, during the 13-week period, to the cancelled benefit or a
work-tested benefit.
(2) However, under section 228 MSD may decide not to apply subsection (1).
(3) Subsection (1) is subject to sections 246 to 248, 320, 323, and 324.
Compare: 1964 No 136 s 60H(4), (5)

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2018 No 32 Social Security Act 2018 Part 4 s 230

228 MSD’s options in case of misconduct

(1) If the basic rule applies to a person (P) because of misconduct, MSD has
2 additional options:
(a) MSD may decide that the basic rule should not apply to P; or
(b) MSD may decide that the benefit should be paid to P, or paid without
reduction, subject to the condition that MSD may require P to repay the
benefit or part of it if a court or person or body authorised by law to
determine the matter determines the misconduct to be proved.
(2) Any amount that MSD requires P to repay under subsection (1)(b) is a debt due
to the Crown under regulations made under section 444 and may be recovered
from P under regulations made under section 444.
Compare: 1964 No 136 s 60H(6), (7)

229 Interpretation
For the purposes of this section and sections 225 to 228,—
basic rule means the rule set out in section 225
benefit means a work-tested benefit
employment,—
(a) in the case of an applicant for a work-tested benefit, means—
(i) full-time employment; or
(ii) part-time employment if MSD is satisfied that, for a period of not
less than 13 weeks preceding the termination of the employment,
the income from that employment was sufficient to maintain the
person; and
(b) in the case of a part-time work-tested beneficiary, means regular part-
time work; and
(c) in the case of any other work-tested beneficiary, means full-time
employment; but
(d) does not include redundancy
scheme means a Government-assisted scheme that MSD considers analogous
to a benefit.
Compare: 1964 No 136 s 60H(1)

Factors affecting benefits: non-entitlement period, stand down, or 100%

suspension of benefit
230 How non-entitlement period, etc, affects supplementary benefits, and
spouse or partner
(1) This section applies while a person is subject to—
(a) a non-entitlement period; or

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Part 4 s 230 Social Security Act 2018 2018 No 32

(b) a stand down under section 316 (start and calculation of stand-down
period); or
(c) a sanction of suspension of 100% of a benefit under section 237, 270, or
280.
(2) The person is not entitled to receive—
(a) an emergency benefit; or
(b) an accommodation supplement; or
(c) temporary additional support.
(3) However, an accommodation supplement that an applicant was receiving
immediately before the applicant applied for a benefit continues, despite sub-
sections (1)(b) and (2)(b), at the same rate for the period of non-entitlement.
(4) If a person’s spouse or partner is under section 316 (start and calculation of
stand-down period) not entitled to a benefit, then (under this subsection, and
despite any contrary provision of this Act) the person is also not entitled to the
benefit.
Compare: 1964 No 136 s 80C

Part 5
Enforcement: sanctions and offences
Contents
Page
Subpart 1—Guide to this Part
231 What this Part does 133
Subpart 2—Sanctions for breach of
obligations other than young person or young parent obligations
Types of sanction
232 Sanctions for failure to comply with certain obligations under this 133
Act
233 Obligations that carry sanction for failure to comply 134
Hierarchy of sanctions
234 Hierarchy of sanctions 134
235 Failure, and first, second, and third failure, defined for obligations 134
other than young person or young parent obligations
236 Sanction for first failure: reduction in main benefit 135
237 Sanction for second failure: suspension of main benefit 135
238 Sanction for third failure: cancellation of main benefit 135
239 Reduction or suspension of reduced benefit 135

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2018 No 32 Social Security Act 2018 Part 4 s 230

How number of failures is counted

240 Failures that can be counted 136
241 Meaning of continuous payment 136
242 Failures that cannot be counted 137
Special cases: variations on ordinary sanctions rules
243 Exclusion of sanction if failure is subject of prosecution under 137
Education Act 1989
244 Variation for failure to comply with work-test obligation to accept 137
offer of suitable employment
245 Variation for breach of work-test obligation by 1 spouse or partner 137
246 Variation for breach of work-test obligation by both partners or 138
spouses
247 Variation for suspension or cancellation of benefit or non- 138
entitlement period affecting couple with 1 or more dependent
children
248 Variation for suspension or cancellation of main benefit or non- 139
entitlement period affecting sole parent
Good and sufficient reason for non-compliance
249 Good and sufficient reason for non-compliance: default by MSD 139
250 Good and sufficient reason for failure to comply with drug-testing 139
obligation
251 Good and sufficient reason for failure to supervise dependent child 140
Procedure for imposing sanction
252 MSD must give notice of sanction 140
253 Notice relates to single failure 141
254 How notice of sanction may be given 141
255 Breach of obligation in relation to dependent children: additional 141
steps before notice may be given
256 When reduction, suspension, or cancellation of benefit takes effect 142
Evidential drug test
257 Request for evidential drug test if sanction imposed for failing 142
screening drug test
258 Effect of request for evidential drug test 142
259 Effect of failure of evidential drug test 143
260 Costs of evidential drug test 143
Recompliance
261 How person recomplies after failure to comply with obligation 143
262 Impossibility of remedying failure of work-test obligation 144
263 How person recomplies after failure to comply with drug-testing 144
obligation
264 Drug testing for purposes of recompliance 144

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Part 4 s 230 Social Security Act 2018 2018 No 32

265 Failure of drug test for purposes of recompliance constitutes third 145
failure
266 Costs of drug testing for purposes of recompliance 145
Miscellaneous
267 Case management support for beneficiary in breach of obligation 145
in relation to dependent children
Subpart 3—Sanctions for breach of
young person or young parent obligations
Interpretation
268 Failure, and first, second, and third failure, defined for young 145
person or young parent obligations
Sanctions: young person obligations
269 Sanction for failure to comply with young person obligation 146
270 Sanction for first or second failure: suspension of in-hand 147
allowance and incentive payments
271 Sanction for third failure: cancellation of youth payment and 147
incentive payments
272 Effect of cancellation of youth payment on accommodation 147
supplement or temporary additional support
273 Effect of cancellation of youth payment on emergency benefit 148
274 Effect of cancellation of youth payment on disability allowance or 148
child disability allowance
275 Sanctions for failure by young person required to receive youth 148
services to comply with obligations: money management
276 Sanctions for failure by young person required to receive youth 149
services to comply with obligations: other cases
277 Sanctions for failure by young spouse or partner of specified 150
beneficiary to comply with obligations: money management
278 Sanctions for failure by young spouse or partner of specified 150
beneficiary to comply with obligations: other cases
Sanctions: young parent obligations
279 Sanction for failure to comply with young parent obligation 151
280 Sanction for first or second failure: suspension of in-hand 151
allowance and incentive payments
281 Sanction for third failure: cancellation of young parent payment 151
and incentive payments
282 Effect of cancellation of young parent payment 151
283 Effect of cancellation of young parent payment on accommodation 152
supplement or temporary additional support
284 Effect of cancellation of young parent payment on emergency 153
benefit

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2018 No 32 Social Security Act 2018 Part 5 s 232

285 Effect of cancellation of young parent payment on disability 153

allowance or child disability allowance
How obligation satisfied
286 How young person satisfies obligation after failure to comply 153
Procedure
287 Procedure for imposing sanctions for failure to comply with young 153
person or young parent obligation
Incentive payments
288 Effect of regrant of youth payment on incentive payment 153
289 MSD may cancel incentive payment 154
Subpart 4—Offences
290 Offences: false statements, misleading, or attempting to mislead, to 154
receive or continue to receive benefits
291 Offences: spouse or partner knowingly benefiting from excess 155
amount obtained by beneficiary’s fraud
292 Offence of demanding or accepting fee or other consideration in 156
relation to grant of benefit
293 Offence of demanding or accepting acknowledgement or 156
undertaking
294 General penalty for offences 157
295 Time for filing charging document 157

Subpart 1—Guide to this Part

231 What this Part does
This Part sets out—
(a) the sanctions that may be imposed for a breach of an obligation under
this Act:
(b) the offences that are created by this Act.

Subpart 2—Sanctions for breach of

obligations other than young person or young parent obligations
Types of sanction
232 Sanctions for failure to comply with certain obligations under this Act
(1) MSD must under this section impose a sanction if MSD considers that a person
has failed without good and sufficient reason to comply with 1 or more obliga-
tions under this Act that are specified in section 233.
(2) The sanction is 1 of the following (in accordance with section 234):

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Part 5 s 233 Social Security Act 2018 2018 No 32

(a) reduction in a main benefit:

(b) suspension of a main benefit:
(c) cancellation of a main benefit.
Compare: 1964 No 136 s 116B

233 Obligations that carry sanction for failure to comply

The obligations referred to in section 232(1) are the following:
(a) obligation to comply with a requirement under section 118 to attend and
participate in a work ability assessment or reassessment:
(b) obligation to comply with a work-preparation obligation under section
124 or 125:
(c) obligation to comply with an obligation under sections 131 to 135 in
relation to dependent children:
(d) obligation to comply with a work-test obligation under section 144 or
146:
Example
A work-test obligation—
(a) under section 144(a), 144(c), 146(1)(d)(ii), or 146(1)(d)(iv); and
(b) that, under section 147(2), includes the obligation under sec-
tion 147(1) to undertake and pass a drug test.

(e) obligation to comply with a requirement under section 158(4) to attend

an interview:
(f) obligation to comply with a requirement under section 170(2) in relation
to working with contracted service providers.
Compare: 1964 No 136 s 116B

Hierarchy of sanctions
234 Hierarchy of sanctions
The sanction that MSD must impose under section 232(1) is,—
(a) for a first failure, reduction in a main benefit:
(b) for a second failure, suspension of a main benefit:
(c) for a third failure, cancellation of a main benefit.
Compare: 1964 No 136 s 117

235 Failure, and first, second, and third failure, defined for obligations other
than young person or young parent obligations
In this subpart,—
failure means a failure to comply with an obligation for which MSD must
impose a sanction

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2018 No 32 Social Security Act 2018 Part 5 s 239

first failure means the first failure to comply with an obligation for which
MSD must impose a sanction
second failure means a failure that occurs after a person has recomplied with
the obligation to which a first failure related
third failure means a failure that occurs after a person has recomplied with the
obligation to which a second failure related.
Compare: 1964 No 136 s 117

236 Sanction for first failure: reduction in main benefit

(1) For a first failure by a person (P), MSD must—
(a) reduce P’s main benefit by half until P recomplies; and
(b) if P fails to recomply within 4 weeks after the initial reduction takes
effect, reduce P’s main benefit to zero until P complies.
(2) This section is subject to sections 245 to 248 and 320 to 324.
Compare: 1964 No 136 s 117(1)(a)

237 Sanction for second failure: suspension of main benefit

(1) For a second failure by a person (P), MSD must suspend P’s main benefit until
P recomplies.
(2) This section is subject to sections 245 to 248 and 320 to 324.
Compare: 1964 No 136 s 117(1)(b)

238 Sanction for third failure: cancellation of main benefit

(1) For a third failure by a person (P), MSD must cancel P’s main benefit.
(2) On cancellation under this section of P’s main benefit,—
(a) P is not entitled to receive any main benefit under this Act for 13 weeks
from the date of cancellation; and
(b) to be again entitled to a main benefit under this Act, P must apply for the
benefit and establish that P is eligible for it.
(3) This section is subject to sections 245 to 248 and 320 to 324.
Compare: 1964 No 136 s 117(1)(c), (2), (3)

239 Reduction or suspension of reduced benefit

If a person’s specified benefit (as defined in section 331) is reduced under sec-
tion 236 or suspended under section 237, and the person is regranted a speci-
fied benefit under section 336, the reduction or suspension continues to apply
to the regranted specified benefit on and after its commencement until the per-
son recomplies.
Compare: 1964 No 136 s 117(4)

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Part 5 s 240 Social Security Act 2018 2018 No 32

How number of failures is counted

240 Failures that can be counted
(1) A failure can be counted if it occurs during a period of continuous payment of
a main benefit, whether or not it is the same benefit.
(2) For the purposes of subsection (1), MSD must treat as the same benefit:
(a) a specified benefit that expires under section 332; and
(b) a specified benefit regranted to the beneficiary under section 336.
Compare: 1964 No 136 s 119(1)(a), (1A), (3A)

241 Meaning of continuous payment

(1) For the purposes of section 240(1), 2 or more different main benefits paid to a
beneficiary do not give rise to a period of continuous payment in respect of the
beneficiary of those 2 or more different main benefits if—
(a) one of those 2 or more different main benefits is a youth payment or a
young parent payment; and
(b) the other of, or (as the case may be) the rest of, those 2 or more different
main benefits is 1 or more or all of sole parent support, supported living
payment, jobseeker support, and emergency benefit.
(2) Subsection (1) does not affect section 240(1) applying (under section 287) with
all necessary modifications to the imposition of sanctions under subpart 3 in
respect of failures that—
(a) are failures by a young person who is receiving a youth payment or a
young parent payment; and
(b) are failures, without good and sufficient reason, to comply with an obli-
gation placed on the young person by section 162 or 164; and
(c) occur during a period of continuous payment in respect of the young per-
son of—
(i) the same benefit (that is, a youth payment or a young parent pay-
ment); or
(ii) 2 or more different benefits (that is a youth payment and a young
parent payment, in whatever sequence paid).
(3) In determining whether a main benefit has been continuously paid, MSD must
disregard any period during which the benefit was cancelled or suspended
because the beneficiary commenced in employment that continued for less than
10 working days.
(4) In subsection (3), working day means a day on which a person was required to
work in the employment in question.
Compare: 1964 No 136 s 119(1A), (1B), (3), (5)

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2018 No 32 Social Security Act 2018 Part 5 s 245

242 Failures that cannot be counted

(1) A failure cannot be counted if it occurred more than 12 months before the fail-
ure for which the calculation is made.
(2) For the purposes of subsection (1), a failure occurs on the date MSD decides
that the beneficiary has failed, without a good and sufficient reason, to comply
with the appropriate obligation.
(3) This section does not affect the implementation, after the 12-month period, of a
sanction based on any prior calculation of the number of failures by a person to
comply with the appropriate work-test obligation or other obligation imposed
by this Act.
Compare: 1964 No 136 s 119(1)(b)(ii), (2), (4)

Special cases: variations on ordinary sanctions rules

243 Exclusion of sanction if failure is subject of prosecution under Education
Act 1989
MSD must not impose a sanction for a person’s failure to comply with the obli-
gation under section 133(1) (which relates to the attendance of a dependent
child aged 6 to 15 years at a registered school) if—
(a) the failure is the subject of a prosecution against P for an offence under
section 24(1) or 29(1) of the Education Act 1989, as the case may be;
and
(b) the prosecution has not been withdrawn before being finally resolved.
Compare: 1964 No 136 s 60RC(2)

244 Variation for failure to comply with work-test obligation to accept offer of
suitable employment
(1) MSD must, under section 238, cancel a main benefit for any failure to comply
with the work-test obligation to accept any offer of suitable employment (see
section 144(b)).
(2) This section overrides sections 234 to 238.
Compare: 1964 No 136 s 117(1B), (1C)

245 Variation for breach of work-test obligation by 1 spouse or partner

(1) This section applies when—
(a) a main benefit is payable at a work-test couple rate; and
(b) the benefit is reduced, suspended, or cancelled under section 227 or 232;
and
(c) the reduction, suspension, or cancellation results from the failure of one
spouse or partner to comply with a work-test obligation or results from
the application of section 227.
(2) In a case to which this section applies,—

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Part 5 s 246 Social Security Act 2018 2018 No 32

(a) the reduction, suspension, or cancellation applies to only half the applic-
able rate of main benefit before any reduction on account of income; and
(b) the other spouse or partner is entitled to receive half that rate (and the
appropriate income test applies to that rate, but at half the abatement rate
in that test).
Compare: 1964 No 136 s 120(1)

246 Variation for breach of work-test obligation by both partners or spouses

(1) This section applies when—
(a) a main benefit is payable at a work-test couple rate; and
(b) the benefit is reduced, suspended, or cancelled under section 227 or 232;
and
(c) the reduction, suspension, or cancellation results from the failure of both
partners or spouses to comply with a work-test obligation or results from
the application of section 227; and
(d) the couple have no dependent children.
(2) The reduction, suspension, or cancellation in respect of each spouse or partner
applies to only half the applicable rate of main benefit before reduction on
account of income that is payable in respect of that spouse or partner.
(3) Any amount of the main benefit payable to the spouses or partners after the
reduction, suspension, or cancellation is applied is subject to the appropriate
income test but at half the abatement rate in that test.
Compare: 1964 No 136 s 120(1A)

247 Variation for suspension or cancellation of benefit or non-entitlement

period affecting couple with 1 or more dependent children
(1) This section applies when—
(a) a main benefit is payable at a work-test couple rate; and
(b) the benefit is reduced, suspended, or cancelled under section 227 or 232;
and
(c) the reduction, suspension, or cancellation results from—
(i) the failure of both spouses or partners to comply with 1 or more
specified obligations under this Act; or
(ii) the application of section 227 to both spouses or partners; and
(d) the couple have 1 or more dependent children.
(2) This section also applies when, under sections 225 and 227, a person with 1 or
more dependent children who is in a relationship has not been granted a main
benefit and is not entitled for a period of 13 weeks to a work-tested benefit that
would be payable at the work-test couple rate.
(3) In a case to which this section applies,—

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2018 No 32 Social Security Act 2018 Part 5 s 250

(a) the reduction, suspension, cancellation, or non-entitlement period applies

to only half the applicable rate of main benefit before any reduction on
account of income; and
(b) the spouses or partners are entitled to receive half that rate (and the
appropriate income test applies to that rate).
(4) Subsection (3)(b) is subject to regulations made under section 442(2)(e) (regu-
lations: payments: apportionment) for the purposes of section 337 (how bene-
fits are paid).
Compare: 1964 No 136 s 120(2), (3)

248 Variation for suspension or cancellation of main benefit or non-entitlement

period affecting sole parent
(1) This section applies when the main benefit of a person (P) who is a sole parent
is suspended or cancelled under section 227 or 232.
(2) This section also applies when, under sections 225 and 227, a sole parent (P)
has not been granted a main benefit and is not entitled for a period of 13 weeks
to a work-tested benefit.
(3) In a case to which this section applies,—
(a) the suspension or cancellation applies to only half the applicable rate of
main benefit before any reduction on account of income; and
(b) P is entitled during the period of suspension, cancellation, or non-entitle-
ment to receive only half of that rate, and the appropriate income test
applies to that rate but at half the abatement rate in that income test.
Compare: 1964 No 136 s 121

Good and sufficient reason for non-compliance

249 Good and sufficient reason for non-compliance: default by MSD
A good and sufficient reason for failure to comply with a requirement or obli-
gation set out in section 233 includes default by MSD if—
(a) compliance was dependent on any assistance specified by MSD; and
(b) MSD failed to provide that assistance, whether at all or to the extent or
in the manner specified.
Compare: 1964 No 136 s 116C(1)

250 Good and sufficient reason for failure to comply with drug-testing
obligation
(1) A person (P) has a good and sufficient reason for not complying with a drug-
testing obligation, or for failing to apply for suitable employment that requires
candidates to undertake drug tests, or for both, if MSD is satisfied that P—
(a) is addicted to, or dependent on, 1 or more controlled drugs; or
(b) is undertaking addiction treatment; or

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(c) is awaiting assessment for, or an opportunity to undertake, addiction

treatment; or
(d) is taking, in the dosage prescribed, a controlled drug lawfully prescribed
for P by a health practitioner; or
(e) falls within another ground or grounds prescribed for the purposes of
this subsection by regulations made under section 418(1)(j).
(2) In subsection (1), addiction treatment means treatment that—
(a) is for addiction to, or dependence on, 1 or more controlled drugs; and
(b) is provided by a health practitioner, or other person, who is professio-
nally engaged in the treatment or rehabilitation of people who are using,
or have used, controlled drugs; and
(c) is of a kind approved by MSD.
Compare: 1964 No 136 s 116C(2)

251 Good and sufficient reason for failure to supervise dependent child
A good and sufficient reason for failure to comply with an obligation under
section 146(1)(d) includes supervision of a dependent child during hours when
it would be unreasonable to expect a dependent child of the person in question
to be without that person’s supervision.
Compare: 1964 No 136 s 116C(3)

Procedure for imposing sanction

252 MSD must give notice of sanction
(1) MSD must not under section 232 reduce, suspend, or cancel a benefit payable
to a person (P) unless MSD has first given P a written notice for the purposes
of this section (a section 252 notice) that complies with subsection (2).
(2) The notice must—
(a) state that P has failed to comply with a specified obligation under this
Act; and
(b) specify the nature of P’s failure to comply; and
(c) state that, on the basis of P’s failure, MSD is reducing, suspending, or
cancelling P’s benefit; and
(d) specify the date on which the reduction, suspension, or cancellation is to
take effect; and
(e) in the case of a reduction or suspension, state the nature and duration of
the reduction or suspension; and
(f) state that P has 5 working days from the giving of the notice to dispute
the reduction, suspension, or cancellation; and

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2018 No 32 Social Security Act 2018 Part 5 s 255

(g) advise P to contact MSD if P wants to dispute or discuss the decision to

reduce, suspend, or cancel the benefit; and
(h) contain a clear statement of P’s right, under section 391, to apply for a
review of the decision, and of the procedure for applying for a review.
Compare: 1964 No 136 s 113(1), (2)

253 Notice relates to single failure

(1) A notice of a sanction given to a person (P) may specify more than 1 instance
of failure.
(2) Each specified instance may relate to the same obligation, or to 2 or more dif-
ferent obligations.
(3) However, for the purposes of imposing a sanction, the combined specified
instances are (if at least 2 of them are not disputed by P) treated as a single fail-
ure.
Compare: 1964 No 136 ss 113(2A), 117(1AA)

254 How notice of sanction may be given

(1) MSD may give a person (P) a section 252 notice—
(a) by delivering it to P personally; or
(b) by delivering it to P by electronic means (with the individual’s express
or inferred consent) in accordance with Part 4 (Electronic transactions)
of the Contract and Commercial Law Act 2017; or
(c) by leaving it—
(i) at P’s usual or last known place of residence or business; or
(ii) at the address given in the most recent application or other docu-
ment received by MSD from P; or
(d) by posting it in a letter addressed to P at that place of residence or busi-
ness or at that address.
(2) The notice is given to P when it is delivered, left, or posted, as the case may be.
Compare: 1964 No 136 s 114

255 Breach of obligation in relation to dependent children: additional steps

before notice may be given
MSD must not give a person (P) a section 252 notice in relation to a failure to
comply with an obligation in relation to dependent children under sections 131
to 135 unless MSD is satisfied that, on at least 3 previous occasions, MSD has
had communication (of any kind, and in any manner) with P in respect of P’s
compliance with, or an actual or potential failure of P to comply with, any obli-
gation P has under sections 131 to 135.
Compare: 1964 No 136 s 60RC(3)

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Part 5 s 256 Social Security Act 2018 2018 No 32

256 When reduction, suspension, or cancellation of benefit takes effect

The reduction, suspension, or cancellation of a benefit under section 232 must
not take effect before the close of the 5 working days specified in the section
252 notice in accordance with section 252(2)(f).
Compare: 1964 No 136 s 113(3)

Evidential drug test

257 Request for evidential drug test if sanction imposed for failing screening
drug test
(1) A person (P) who has failed a screening drug test and has been given a section
252 notice (the section 252 notice) of a sanction on the basis of failing that test
may request that P’s sample taken for the screening drug test be subjected to an
evidential drug test.
(2) P’s request for an evidential drug test—
(a) must be in writing in a form approved by MSD for the purpose; and
(b) must include the necessary consents and authorisations; and
(c) may be made only after P has disputed the sanction specified in the sec-
tion 252 notice in accordance with section 252(2)(f); and
(d) must be made within a reasonable period, as specified by MSD, of dis-
puting the sanction.
(3) In this section and in section 258, necessary consents and authorisations
means any consent or authority—
(a) of any employer, training provider, or drug-testing provider; and
(b) that MSD specifies as necessary for arranging the evidential drug test
and providing the result to MSD.
(4) This section is subject to section 149(1) (which provides that a person is taken
to have failed an evidential drug test requested under this section if the person
fails a screening test and waives an associated evidential drug test).
Compare: 1964 No 136 s 102D(1)–(4)

258 Effect of request for evidential drug test

(1) A request by a person (P) for an evidential drug test that complies with the
requirements set out in section 257(2) has the following effect until the result
of the test is notified to MSD:
(a) any sanction imposed on P under section 232 for failing the associated
prior screening drug test is suspended:
(b) any failure for the purposes of sections 240(1) and 262 based on P fail-
ing the associated prior screening drug test is suspended:

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2018 No 32 Social Security Act 2018 Part 5 s 261

(c) P is not liable under section 260 for the actual and reasonable costs (if
any) of P’s associated prior screening drug test that have been reim-
bursed to the employer under section 151.
(2) If a request for an evidential drug test does not comply with the requirements
set out in section 257(2), MSD may proceed to impose the appropriate sanction
as if the request had not been made.
(3) This section is subject to section 149(1) (which provides that a person is taken
to have failed an evidential drug test requested under section 257 if the person
fails a screening test and waives an associated evidential drug test).
Compare: 1964 No 136 s 102D(5), (6)

259 Effect of failure of evidential drug test

Failure of an evidential drug test that is requested by a person under section
257 must be treated for the purposes of section 233(d) as a new failure of the
beneficiary’s work-test obligations.
Compare: 1964 No 136 s 102D(8)

260 Costs of evidential drug test

(1) MSD must pay the actual and reasonable costs incurred by a drug-testing pro-
vider in doing an evidential drug test arranged by MSD in accordance with a
request under section 257.
(2) If a person (P) fails an evidential drug test arranged by MSD in accordance
with a request under section 257, the following are a debt due to the Crown
from P for the purpose of regulations made under section 444:
(a) the actual and reasonable costs incurred by a drug-testing provider in
doing that evidential drug test; and
(b) the actual and reasonable costs (if any) reimbursed to the employer
under section 151 of P’s associated prior screening drug test.
Compare: 1964 No 136 ss 102C(6), 102D(7), (9)

Recompliance
261 How person recomplies after failure to comply with obligation
(1) A person (P) recomplies after a failure to comply with an obligation if P rem-
edies the failure.
(2) If a section 252 notice specifies more than 1 failure of the same obligation, or a
failure of more than 1 obligation, P recomplies if P remedies all the failures.
(3) This section does not apply to recompliance with a drug-testing obligation.
Compare: 1964 No 136 s 122(1)

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Part 5 s 262 Social Security Act 2018 2018 No 32

262 Impossibility of remedying failure of work-test obligation

If it is impossible to remedy a failure to comply with a work-test obligation, a
person (P) recomplies if P undertakes, to MSD’s satisfaction, an activity that is
the same as, or substantially similar to, the activity that P failed to undertake
under the work-test obligation in question.
Compare: 1964 No 136 s 122(2)

263 How person recomplies after failure to comply with drug-testing

obligation
(1) In this section, drug test failure means a failure by a person (P) to comply
with a drug-testing obligation.
(2) In the case of a first drug test failure within a 12–month period, P recomplies if
P undertakes, in a manner that is satisfactory to MSD, not to use any controlled
drugs (except any particular controlled drugs that are lawfully prescribed, and
only at the dosage that is lawfully prescribed, for P by a health practitioner).
(3) In the case of a second drug test failure within a 12-month period of the first
failure, P recomplies if P undertakes, in manner satisfactory to MSD, to
undergo drug-testing in accordance with section 264.
(4) MSD must take reasonable and appropriate steps to make a person who has
given an undertaking under subsection (3) aware of the following matters:
(a) the consequences of failing to comply with the undertaking; and
(b) the location of an appropriate drug-testing provider; and
(c) the matters in sections 264(5) and 266 (which relate to the costs of drug
testing for the purpose of recompliance).
Compare: 1964 No 136 s 122(3), (5)

264 Drug testing for purposes of recompliance

(1) A person (P) who has given an undertaking under section 263(3) must comply
with both subsections (2) and (3).
(2) Within 25 working days after the start date, P must attend at the location of a
drug-testing provider for the purpose of undertaking a drug test that is—
(a) a screening drug test and, if P fails that test, an evidential drug test; or
(b) an evidential drug test without any associated prior screening drug test.
(3) Within 30 working days after the start date, P must provide evidence to the sat-
isfaction of MSD that P has passed a screening drug test or evidential drug test,
as the case may be.
(4) In this section, start date means the date of P’s undertaking.
(5) A person who fails a screening drug test or an evidential drug test, or both, that
is performed within the testing period may (in order to try to comply with the

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2018 No 32 Social Security Act 2018 Part 5 s 268

person’s undertaking despite that failure) undertake, at the person’s own

expense, further drug testing within the testing period.
Compare: 1964 No 136 s 122A(1), (2), (4)

265 Failure of drug test for purposes of recompliance constitutes third failure
A person who fails a drug test stated in section 264(2)(a) or (b) must be treated,
for purposes of the imposition of a sanction, as a person who has failed for a
third time within a 12-month period to comply with a drug-testing obligation.
Compare: 1964 No 136 s 122A(5)

266 Costs of drug testing for purposes of recompliance

(1) MSD must pay the actual and reasonable costs of a drug test undertaken on
only 1 occasion in accordance with section 264(2).
(2) Those costs are a debt due to the Crown from the beneficiary for the purpose of
regulations made under section 444.
Compare: 1964 No 136 s 122A(3)

Miscellaneous
267 Case management support for beneficiary in breach of obligation in
relation to dependent children
(1) This section applies if a sanction has been imposed on a person (P) for failure
to comply with an obligation in relation to dependent children.
(2) MSD may give P a notice that MSD is to intensify its case management sup-
port for P.
(3) If MSD has given P a notice under subsection (2), P must, as reasonably
required by MSD, attend and participate in any interview with an MSD
employee or a person on behalf of MSD.
Compare: 1964 No 136 s 60RC(4)–(6)

Subpart 3—Sanctions for breach of

young person or young parent obligations
Interpretation
268 Failure, and first, second, and third failure, defined for young person or
young parent obligations
In this subpart,—
failure means a failure to comply with a young person obligation or a young
parent obligation
first failure means the first failure of a young person or young parent obliga-
tion

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Part 5 s 269 Social Security Act 2018 2018 No 32

second failure means a failure that occurs after the young person concerned
has satisfied the obligation to which a first failure related
third failure means a failure that occurs after the young person concerned has
satisfied the obligation to which a second failure related
young parent obligation means—
(a) an obligation, under Part 3, of a young person who is receiving a young
parent payment; or
(b) an obligation under section 167 (young person aged 16 to 19 years with
dependent child and who is spouse or partner of specified beneficiary)
young parent payment, in relation to a young person who is the spouse or
partner of a specified beneficiary and is subject to obligations under section
167, means—
(a) a young parent payment payable under subpart 8 of Part 2; and
(b) the portion of the specified beneficiary’s main benefit the young person
receives
young person obligation means—
(a) an obligation, under Part 3, of a young person receiving a youth pay-
ment; or
(b) an obligation under section 166 (young person aged 16 or 17 years with
no dependent child who is spouse or partner of specified beneficiary); or
(c) for the purposes only of sections 275 and 276, an obligation, under Part
3, of a young person on whom section 165(7)(a) or 168(6)(a) imposes
that obligation as if the young person’s jobseeker support, or the portion
of the jobseeker support or the specified beneficiary’s benefit payable to
the young person under section 337, were a youth payment
youth payment, in relation to a young person who is a spouse or partner of a
specified beneficiary and is subject to obligations under section 166, means—
(a) a youth payment payable under subpart 7 of Part 2; and
(b) the portion of the specified beneficiary’s main benefit the young person
receives.
Compare: 1964 No 136 s 176(3)

Sanctions: young person obligations

269 Sanction for failure to comply with young person obligation
The sanction for failure to comply with a young person obligation depends on
whether the failure is a first or second failure or a third failure.

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2018 No 32 Social Security Act 2018 Part 5 s 272

270 Sanction for first or second failure: suspension of in-hand allowance and
incentive payments
(1) This section applies if MSD is satisfied that a young person (P) who is receiv-
ing a youth payment has, without good and sufficient reason, failed to comply
with a young person obligation for a first or second time.
(2) For P’s first or second failure, MSD must first suspend P’s in-hand allowance
and any incentive payments until P satisfies the obligation (or all the relevant
obligations, if P has failed to comply with more than 1).
(3) If P has not satisfied the obligation or obligations within 4 weeks after the sus-
pension takes effect, MSD must suspend the whole of P’s youth payment and
any incentive payments until P satisfies the obligation or obligations.
Compare: 1964 No 136 s 173(1)(a)

271 Sanction for third failure: cancellation of youth payment and incentive
payments
(1) This section applies if MSD is satisfied that a young person (P) who is receiv-
ing a youth payment has, without good and sufficient reason, failed to comply
with a young person obligation for a third time.
(2) For P’s third failure, MSD must cancel P’s youth payment and any incentive
payments.
(3) On cancellation of P’s youth payment under this section,—
(a) P is not entitled to receive any main benefit under this Act for 13 weeks
from the date of cancellation; and
(b) to be again entitled to a main benefit under this Act, P must apply for the
benefit and establish that P is eligible for it.
(4) This section is subject to sections 320 to 324.
(5) For the purposes of section 320, an approved activity for P during the period of
non-entitlement is any of the following approved by MSD:
(a) if P is not already in part-time work, participation in part-time work or
work experience:
(b) participation in recognised voluntary work (as defined in Schedule 2):
(c) participation in any other activity that MSD considers will enhance skills
or improve motivation.
(6) This section overrides every other provision of this Act.
Compare: 1964 No 136 s 173(1)(b), (2)–(5)

272 Effect of cancellation of youth payment on accommodation supplement or

temporary additional support
(1) The cancellation under section 271(2) of the youth payment payable to a young
person (P) has the effect set out in subsections (2) to (4).

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Part 5 s 273 Social Security Act 2018 2018 No 32

(2) If P is single, P is not entitled to receive an accommodation supplement or tem-

porary additional support.
(3) If P is not single, and P’s spouse’s or partner’s youth payment is not also can-
celled under section 271(2),—
(a) any accommodation supplement or temporary additional support other-
wise payable to P must be reduced by half and be paid to P’s spouse or
partner; and
(b) any accommodation supplement or temporary additional support other-
wise payable to P’s spouse or partner must be reduced by half.
(4) If P is not single, and the youth payment of P’s spouse or partner is also cancel-
led under section 271(2),—
(a) P is not entitled to receive an accommodation supplement or temporary
additional support otherwise payable to P; and
(b) P’s spouse or partner is not entitled to receive an accommodation supple-
ment or temporary additional support payable to P’s spouse or partner.
Compare: 1964 No 136 s 175(1)

273 Effect of cancellation of youth payment on emergency benefit

A young person whose youth payment is cancelled under section 271(2) is not
entitled to receive an emergency benefit.
Compare: 1964 No 136 s 175(5)

274 Effect of cancellation of youth payment on disability allowance or child

disability allowance
Despite the cancellation under section 271(2) of the youth payment payable to
a young person (P), P must be treated as continuing to receive a youth payment
for the purposes of section 85(1)(a) and (2)(c)(i) and the cancellation has no
effect on P’s entitlement to receive a disability allowance or child disability
allowance.
Compare: 1964 No 136 s 175(6)

275 Sanctions for failure by young person required to receive youth services to
comply with obligations: money management
(1) This section applies to a young person—
(a) who has been required to receive youth services under section 165(2) or
168(2); and
(b) whose benefit is subject to money management under section 344; and
(c) who MSD is satisfied has, without good and sufficient reason, failed to
comply with an obligation that applies to the young person under section
165(7)(a) or 168(6)(a), and that is—
(i) an obligation in section 166(2)(b) and (d) to (g); or

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(ii) the work test (in the case of a work-tested beneficiary); or

(iii) a work-preparation obligation under section 124 or 125 (in the
case of a beneficiary who is required to comply with section 124).
(2) MSD must treat the failure as if it were a failure to comply with an obligation
under section 166, and sections 270 and 271 apply (and require MSD to impose
sanctions for the failure) accordingly.
Compare: 1964 No 136 s 174AB(1), (2)

276 Sanctions for failure by young person required to receive youth services to
comply with obligations: other cases
(1) This section applies to a young person—
(a) who has been required to receive youth services under section 165(2) or
168(2); and
(b) whose benefit is not subject to money management under section 344;
and
(c) who MSD is satisfied has, without good and sufficient reason, failed to
comply with an obligation that applies to the young person under section
165(7)(a) or 168(6)(a), and that is—
(i) an obligation in section 166(2)(b) and (d) to (g); or
(ii) the work test (in the case of a work-tested beneficiary); or
(iii) a work-preparation obligation under section 124 or 125 (in the
case of a beneficiary who is required to comply with section 124).
(2) MSD must treat the young person’s failure referred to in subsection (1)(c)(i),
(ii), or (iii),—
(a) in the case of a young person who is subject to the work test, as a failure
to comply with the work test for the purposes of sections 233 and 236 to
239; and
(b) in the case of a young person who is required to comply with section
124, as a failure to comply with a work-preparation obligation under sec-
tion 124 or 125 for the purposes of sections 233 and 236 to 239.
(3) MSD must, in the case of a young person who is subject to a sanction under
sections 233 and 236 to 239 for a failure that subsection (2)(a) or (b) of this
section requires to be treated as having occurred:
(a) suspend the young person’s incentive payments (if any) (if that sanction
is a reduction or suspension of the young person’s benefit) until the
young person recomplies; or
(b) cancel the young person’s incentive payments (if any) (if that sanction is
the cancellation of the young person’s benefit).
Compare: 1964 No 136 s 174AB(3), (4)

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Part 5 s 277 Social Security Act 2018 2018 No 32

277 Sanctions for failure by young spouse or partner of specified beneficiary to

comply with obligations: money management
(1) This section applies to a young person—
(a) who is—
(i) aged 16 or 17 years, without dependent children, and is the spouse
or partner of a specified beneficiary; or
(ii) aged 16 to 19 years, with a dependent child or children, and is the
spouse or partner of a specified beneficiary; and
(b) whose benefit is subject to money management; and
(c) who MSD is satisfied has, without good and sufficient reason, failed to
comply with an obligation that applies to the young person under section
166(2) or 167(2) and (3).
(2) The sanctions in sections 270 and 271 apply (and sections 272 to 274 and 283
to 288 apply) as if the young person’s benefit were a youth support payment.
Compare: 1964 No 136 s 174A(1), (2)

278 Sanctions for failure by young spouse or partner of specified beneficiary to

comply with obligations: other cases
(1) This section applies to a young person—
(a) who is—
(i) aged 16 or 17 years, without dependent children, and is the spouse
or partner of a specified beneficiary; or
(ii) aged 16 to 19 years, with a dependent child or children, and is the
spouse or partner of a specified beneficiary; and
(b) whose benefit is not subject to money management; and
(c) who MSD is satisfied has, without good and sufficient reason, failed to
comply with an obligation that applies to the young person under section
166(2) or 167(2) and (3).
(2) MSD must treat the young person’s failure referred to in subsection (1)(c),—
(a) in the case of a young person who would, but for section 166(4) or
167(5), be subject to the work test, as a failure to comply with the work
test for the purposes of sections 233 and 236 to 239; and
(b) in the case of a young person who would, but for section 166(4) or
167(5), be required to comply with section 124, as a failure to comply
with a work-preparation obligation under section 124 or 125 for the pur-
poses of sections 233 and 236 to 239.
(3) MSD must, in the case of a young person who is subject to a sanction under
sections 233 and 236 to 239 for a failure that subsection (2)(a) or (b) of this
section requires to be treated as having occurred,—

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(a) suspend the young person’s incentive payments (if any) (if that sanction
is a reduction or suspension of the young person’s benefit) until the
young person recomplies; or
(b) cancel the young person’s incentive payments (if any) (if that sanction is
the cancellation of the young person’s benefit).
Compare: 1964 No 136 s 174A(3), (4)

Sanctions: young parent obligations

279 Sanction for failure to comply with young parent obligation
The sanction for failure to comply with a young parent obligation depends on
whether the failure is a first or second failure or a third failure.

280 Sanction for first or second failure: suspension of in-hand allowance and
incentive payments
(1) This section applies if MSD is satisfied that a young person (P) who is receiv-
ing a young parent payment has, without good and sufficient reason, failed to
comply with a young parent obligation for a first or second time.
(2) For P’s first or second failure, MSD must first suspend P’s in-hand allowance
and any incentive payments until P satisfies the obligation (or all the relevant
obligations, if P has failed to comply with more than 1).
(3) If P has not satisfied the obligation or obligations within 4 weeks after the sus-
pension takes effect, MSD must suspend the whole of P’s young parent pay-
ment and any incentive payments until P satisfies the obligation or obligations.
Compare: 1964 No 136 s 174(1)(a)

281 Sanction for third failure: cancellation of young parent payment and
incentive payments
(1) This section applies if MSD is satisfied that a young person (P) who is receiv-
ing a young parent payment has, without good and sufficient reason, failed to
comply with a young parent obligation for a third time.
(2) For P’s third failure, MSD must cancel P’s young parent payment and any
incentive payments.
(3) This section overrides every other provision of this Act.
Compare: 1964 No 136 s 174(1)(b)

282 Effect of cancellation of young parent payment

(1) On cancellation of P’s young parent payment under section 281(2),—
(a) P is not entitled to receive any main benefit under this Act for 13 weeks
from the date of cancellation; and
(b) to be again entitled to a main benefit under this Act, P must apply for the
benefit and establish that P is eligible for it.

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(2) Subsection (1) is subject to subsection (3) and to sections 320 to 324 (restora-
tion of entitlement after suspension, reduction, cancellation, or non-entitle-
ment).
(3) However, during the period of cancellation,—
(a) P is entitled to receive half of the applicable rate of the young parent
payment and only half the abatement rate in clause 11 or 12 of Part 6 of
Schedule 4 (as the case requires) applies to that rate; but
(b) no incentive payments are payable; and
(c) the amounts payable must be paid to the young person, or on the young
person’s account, personally (see section 339).
(4) For the purposes of section 324, an approved activity for P during the period of
non-entitlement is any of the following approved by MSD:
(a) if P is not already in part-time work, participation in part-time work or
work experience:
(b) participation in recognised voluntary work (as defined in Schedule 2):
(c) participation in any other activity that MSD considers will enhance skills
or improve motivation.
(5) In order to satisfy itself that a young person has established continued eligibil-
ity for a young parent payment, MSD may require the young person to comply
with the requirements of section 297(1) as if applying for a young parent pay-
ment (and that section, with all necessary modifications, applies accordingly).
Compare: 1964 No 136 ss 174(2)–(5), 177(1), (2)

283 Effect of cancellation of young parent payment on accommodation

supplement or temporary additional support
(1) The cancellation under section 281(2) of the young parent payment payable to
a young person (P) affects an entitlement to an accommodation supplement or
temporary additional support as provided in subsections (3) to (5).
(2) If P is a sole parent, cancellation has no effect on P’s entitlement to receive any
accommodation supplement or temporary additional support.
(3) If P is not single, and P’s spouse’s or partner’s young parent payment is not
also cancelled under section 281(2),—
(a) any accommodation supplement or temporary additional support other-
wise payable to P must be reduced by half and be paid to P’s spouse or
partner; and
(b) any accommodation supplement or temporary additional support other-
wise payable to P’s spouse or partner must be reduced by half.
(4) If P is not single, and the young parent payment of P’s spouse or partner is also
cancelled under section 281(2), P and P’s spouse or partner are each entitled to

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2018 No 32 Social Security Act 2018 Part 5 s 288

receive only half of any accommodation supplement or temporary additional

support that would otherwise be payable to P or P’s spouse or partner.
Compare: 1964 No 136 s 175(2)–(4)

284 Effect of cancellation of young parent payment on emergency benefit

A young person whose young parent payment is cancelled under section 281(2)
is not entitled to receive an emergency benefit.
Compare: 1964 No 136 s 175(5)

285 Effect of cancellation of young parent payment on disability allowance or

child disability allowance
Despite the cancellation under section 281(2) of the young parent payment
payable to a young person (P), P must be treated as continuing to receive a
young parent payment for the purposes of section 85(1)(a) and (2)(c)(i) and the
cancellation has no effect on P’s entitlement to receive any disability allowance
or child disability allowance.
Compare: 1964 No 136 s 175(6)

How obligation satisfied

286 How young person satisfies obligation after failure to comply
For the purposes of sections 270, 271, 280, and 281, a young person (P) satis-
fies an obligation after failure to comply if—
(a) P remedies the failure concerned; or
(b) where in the opinion of MSD that it is not possible to remedy the failure,
P undertakes to MSD’s satisfaction an activity that is in MSD’s opinion
the same as or substantially similar to the performance of the obligation.
Compare: 1964 No 136 s 176(1)

Procedure
287 Procedure for imposing sanctions for failure to comply with young person
or young parent obligation
Sections 240 to 242 (how number of failures is counted) and sections 252 to
256 (procedure for imposing sanctions) apply with all necessary modifications
to the imposition of sanctions under sections 270, 271, 280, and 281.
Compare: 1964 No 136 s 176(2)

Incentive payments
288 Effect of regrant of youth payment on incentive payment
If a young person whose youth support payment has been cancelled under sec-
tion 271(2) or 281(2) is again granted a youth support payment,—

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(a) except as provided in paragraph (b), any incentive payments that were
payable to the young person before the cancellation must be paid with
the youth payment or young parent payment; but
(b) if the failure that led to the cancellation was a failure to comply with
section 162(1)(a), an education incentive payment is payable only if the
young person again meets the conditions of entitlement to that payment
(see section 55 or 62, and those conditions of entitlement as they are set
out in regulations made under section 418(1)(c) or (d)).
Compare: 1964 No 136 s 176(4)

289 MSD may cancel incentive payment

(1) MSD may cancel an incentive payment if satisfied that the young person con-
cerned has intentionally acted in a way that is inconsistent with the purpose for
which it was granted.
(2) On cancellation, the young person is not eligible to receive the incentive pay-
ment again until MSD decides that it may be regranted.
Compare: 1964 No 136 s 178

Subpart 4—Offences
290 Offences: false statements, misleading, or attempting to mislead, to receive
or continue to receive benefits
(1) A person (P) commits an offence if—
(a) P makes a statement knowing that it is false in a material particular; and
(b) P’s statement—
(i) is made for the purpose of receiving or continuing to receive an
advantage (whether for P or another person); or
(ii) results in P or another person receiving or continuing to receive an
advantage.
(2) A person (P) commits an offence if—
(a) P wilfully does or says anything, or omits to do or say anything, for the
purpose of misleading or attempting to mislead a person; and
(b) P’s act, statement, or omission—
(i) is done or made for the purpose of receiving or continuing to
receive an advantage (whether for P or another person); or
(ii) results in P or another person receiving or continuing to receive an
advantage.
(3) In this section, advantage means—
(a) any benefit under this Act, Part 6 of the Veterans’ Support Act 2014, or
Part 1 of the New Zealand Superannuation and Retirement Income Act
2001; or

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(b) any exemption from an obligation under this Act; or

(c) any payment from a Crown Bank Account in accordance with this Act;
or
(d) any entitlement card issued under regulations made under section 437; or
(e) a more favourable means assessment under Part 6 (and all related provi-
sions) of the Residential Care and Disability Support Services Act 2018
than P would otherwise have been entitled to; or
(f) a more favourable means assessment under Part 8 (and all related provi-
sions) of the Residential Care and Disability Support Services Act 2018
than P would otherwise have been entitled to.
(4) A person who commits an offence under this section is liable on conviction to a
penalty that is either or both:
(a) imprisonment for a term not exceeding 12 months:
(b) a fine not exceeding $5,000.
(5) This section does not limit section 72 of the Residential Care and Disability
Support Services Act 2018.
Compare: 1964 No 136 s 127

291 Offences: spouse or partner knowingly benefiting from excess amount

obtained by beneficiary’s fraud
(1) A person (the spouse or partner) commits an offence if the person—
(a) is a spouse or partner of a person (the beneficiary) who obtains an
excess amount by fraud; and
(b) benefits directly or indirectly from the amount or a part of it knowing
that, or being reckless about whether, the amount or part is an amount or
part—
(i) in excess of the amount to which the beneficiary is by law entitled
or to which the beneficiary has no entitlement; and
(ii) obtained by the beneficiary by fraud.
(2) Subsection (1)(b) applies to the amount or part even if the spouse or partner—
(a) does not benefit from it knowingly; and
(b) does not know at all or exactly its value; and
(c) does not know, or (as the case requires) is not reckless about, the precise
way in which it was obtained by the beneficiary by fraud.
(3) The beneficiary obtains an excess amount for the purposes of subsection (1) if
the beneficiary obtains any payment, or receives any credit or advance, in
excess of the amount to which the beneficiary is by law entitled or to which the
beneficiary has no entitlement.

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(4) The excess amount is obtained by the beneficiary by fraud for the purposes of
subsection (1) if—
(a) the beneficiary obtained that amount by fraud; or
(b) the beneficiary is convicted of a specified offence in respect of obtaining
that amount.
(5) In subsection (4)(b), specified offence means an offence against section 290
(offences: false statements, misleading, or attempting to mislead, to receive or
continue to receive benefits) of this Act, or an offence against all or any of the
following provisions of the Crimes Act 1961:
(a) section 228 (dishonestly taking or using document):
(b) sections 240 and 241 (obtaining by deception or causing loss by decep-
tion):
(c) section 256(1) and (2) (forgery):
(d) section 257 (using forged documents):
(e) section 258 (altering, concealing, destroying, or reproducing documents
with intent to deceive):
(f) section 259 (using altered or reproduced document with intent to
deceive).
(6) Subsections (4) and (5) do not limit—
(a) the generality of the references in subsection (1) to fraud; or
(b) the operation of section 49 (conviction as evidence in criminal proceed-
ings) of the Evidence Act 2006.
(7) A person who commits an offence under this section is liable on conviction to a
penalty that is either or both:
(a) imprisonment for a term not exceeding 12 months:
(b) a fine not exceeding $5,000.
Compare: 1964 No 136 s 127A

292 Offence of demanding or accepting fee or other consideration in relation to

grant of benefit
A person commits an offence if the person demands or accepts from any appli-
cant for a benefit or from any other person any fee or other consideration for
procuring or endeavouring to procure the grant of a benefit.
Compare: 1964 No 136 s 12(3)

293 Offence of demanding or accepting acknowledgement or undertaking

(1) A person commits an offence if the person demands or accepts from a benefi-
ciary an acknowledgment or undertaking where that demand, acceptance,
acknowledgment, or undertaking would constitute a legal or an equitable

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assignment of, or a charge on, a benefit if the benefit were capable of being
legally assigned or charged.
(2) A person who commits an offence under this section is liable on conviction to a
fine not exceeding $100.
Compare: 1964 No 136 s 84(2)

294 General penalty for offences

(1) This section applies to a person who commits an offence against this Act or
any regulations made under this Act for which no penalty is provided else-
where than in this section.
(2) The person is liable on conviction to a fine not exceeding $1,000 and, if the
offence is a continuing one, to a further fine not exceeding $50 for every day or
part of a day during which the offence continues.
Compare: 1964 No 136 s 129

295 Time for filing charging document

(1) The limitation period in respect of an offence against this Act or any regula-
tions made under this Act ends on the date that is 12 months after the date on
which the facts alleged in the charging document are brought to the knowledge
of any officer concerned in the administration of this Act.
(2) Subsection (1) overrides section 25 of the Criminal Procedure Act 2011.
Compare: 1964 No 136 s 128

Part 6
Administration
Contents
Page
Subpart 1—Guide to this Part
296 What this Part does 161
Subpart 2—Application, inquiry, and grant
Application
297 Application for benefit: making of, help with, lapse, and deemed 162
receipt
Inquiry
298 MSD must inquire into claim for benefit 162
299 Exception during epidemic 162
300 Information gathering, disclosure, and matching 163
Grant
301 MSD decides whether to grant benefit 163

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302 Immediate provisional grant, and later backdating of other benefit 163
303 After death of applicant 164
Subpart 3—Review of entitlement to, or rate of, benefit granted
304 Review of entitlement and rate payable 164
305 Information for review 164
306 No entitlement, or entitlement only at different rate 165
307 Benefit on another eligibility ground more appropriate 165
308 Another benefit more appropriate 165
309 Termination of winter energy payment 165
310 Certain benefits granted, or granted at rate, not taking into account 166
certain insurance payments
Subpart 4—Commencement, stand downs, ending, and
expiry and regrant
Commencement of benefits
311 General 166
312 If applicant paid, but claim fails for, ACC weekly compensation 166
313 Benefits subject to stand down 167
314 Work-tested benefit of applicant subject to non-entitlement period 167
315 Exemptions from stand down, and when certain benefits 168
commence
316 Start and calculation of stand-down period 168
317 Minister may consent to backdating 169
318 No consent unless benefit not granted earlier because of error 169
319 Commencement of winter energy payment 170
Restoration of entitlement after suspension, reduction,
cancellation, or non-entitlement
320 Effect of no longer being subject to work-test or young person 170
obligations
321 Effect of no longer being subject to dependent children obligations 171
322 Effect of no longer being subject to work-preparation obligations 171
323 Effect of employment on non-entitlement period 171
324 Effect of participation in certain activities on non-entitlement 171
period
Ending of benefits
325 General rule if person’s entitlement to benefit ceases 172
326 After death of beneficiary receiving specified benefit 173
327 Benefits payable to sole parent who stops caring for dependent 173
child due to sudden and uncontrollable circumstances
328 Supported living payment payable to beneficiary who stops caring 173
for another person
329 If child ceases to be entitled to orphan’s benefit or unsupported 174
child’s benefit

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330 Supported living payment on ground of restricted work capacity or 174

total blindness and cancelled on medical grounds
Expiry and regrant of specified benefits
331 Expiry date, and specified benefit, defined 174
332 General rule 175
333 Exception for specified benefit expiring in week of or before 175
26 December
334 Exemptions 175
335 MSD must notify or advise beneficiary 175
336 Requirements for regrant 176
Subpart 5—Payment of benefits, tax on benefits, debts and
deductions
Payment of benefits
337 How benefits are paid 176
338 Weekly instalments 176
339 Payment generally to, or on account of, beneficiary personally 177
340 Required manner of payment: general 178
341 Required manner of payment: money management for certain 178
payments to young people
342 Money management for certain payments to young people: 179
exception if young person meets prescribed criteria for managing
own payments
343 Review and appeal of specified determinations made by MSD 179
under regulations
344 Young person beneficiaries may elect money management 179
345 Credit on payment card, etc, at end of money management 180
346 Required manner of payment: payment on death of beneficiary 180
347 Advance payment of instalments of benefit 180
348 Requirement for beneficiary, spouse or partner, or both, to 181
undertake budgeting activity
Tax on benefits
349 Interpretation 181
350 MSD may pay tax on income-tested benefit other than by tax 182
deduction from source deduction payment
351 Status of amount for income tax paid by MSD 182
352 Recovery amount paid in excess of amount properly payable 183
Debts and deductions
353 Debts and deductions 183
354 Recovery of penalty from beneficiary who obtains by fraud 183
amount in excess of entitlement
355 Restriction on imposing penalty under section 354: prosecution for 184
offence

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Part 5 s 295 Social Security Act 2018 2018 No 32

356 Restriction on imposing penalty under section 354: notice and 184
period to respond
357 Restriction on recovering penalty under section 354: decision to be 184
final
358 Recovery from spouse or partner who misleads MSD of excess 185
amount beneficiary obtained
359 Recovery from spouse or partner of apportioned excess amount 185
beneficiary obtained by fraud
360 Obtaining amount by fraud: meaning and proof 186
361 Recovery from spouse or partner of unapportioned excess amount 186
beneficiary obtained by fraud
362 MSD’s duty to recover debts 187
363 Duty unaffected by law on mistaken payments 187
Subpart 6—Notices and communications, services, and preferred
suppliers
Notices and communications
364 Ways MSD or person can meet requirement to give notice or other 188
document
Young people services
365 Services to encourage young people to move to and remain in 188
education, training, and employment
Goods or services, for beneficiaries or others, supplied by
preferred suppliers
366 Preferred suppliers: contracts 188
367 Preferred suppliers: determinations 189
368 Preferred suppliers: paying them disability allowance, special 189
assistance, or advance payment
369 Preferred suppliers: paying them disability allowance: exception if 190
total benefit payments less than amount required
370 Preferred suppliers: paying them disability allowance: exception if 191
allowance granted at maximum rate
371 Preferred suppliers: no appeal lies against MSD decisions 191
372 Preferred suppliers: transitional or savings provisions directions 191
Administration services provided by contracted service providers
373 Administration service providers: contracts 192
374 Administration service providers: contents and form of contracts 193
375 Administration service providers: adoption of existing contracts 193
376 Administration service providers: MSD to ensure information 193
published
377 Conduct of provider of services in relation to young people to be 194
treated for specified purposes as if MSD’s conduct
378 MSD may assign contracted service provider to young person 194

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2018 No 32 Social Security Act 2018 Part 6 s 296

Medical services
379 Minister determines rates and conditions of employment and 194
payment
Subpart 7—Reciprocity agreements with other countries
Orders
380 Orders adopting reciprocity agreements 195
381 Privacy report for orders adopting agreements with mutual 196
assistance provisions
382 Interpretation 196
Agreements
383 Inclusion of mutual assistance provisions in reciprocity agreements 197
Debt recovery and information exchange
384 MSD may use mutual assistance provisions to recover debts 197
385 MSD may use mutual assistance provisions to exchange 198
information
Adverse action arising from discrepancy
386 Adverse action against individual if discrepancy shown by 198
information from other country
Subpart 8—Prosecutions and debt-recovery proceedings, and
maintenance proceedings
387 Prosecutions and debt recovery proceedings: representation and 199
fees
388 Payment of benefit does not affect right to maintenance 199
389 Maintenance proceedings 200

Subpart 1—Guide to this Part

296 What this Part does
This Part contains provisions on the following matters:
(a) how to apply for a benefit, how MSD inquires into a claim for a benefit,
and the granting of a benefit:
(b) reviews by MSD of a beneficiary’s past or current entitlement to a bene-
fit or rate of benefit:
(c) how a benefit commences (for example, after a stand-down period),
ends, and may expire and be regranted:
(d) how a benefit is paid, tax on benefits, and how debts can be recovered
(including by way of deductions):
(e) notices and communications, services, and preferred suppliers:
(f) reciprocity agreements with other countries:

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Part 6 s 297 Social Security Act 2018 2018 No 32

(g) prosecutions for offences, debt-recovery proceedings, and maintenance

proceedings.

Subpart 2—Application, inquiry, and grant

Application
297 Application for benefit: making of, help with, lapse, and deemed receipt
(1) An application for a benefit must be completed, may be assisted, may lapse,
and is taken to have been received for benefit commencement and stand-down
purposes, in accordance with regulations made under section 438.
(2) This section does not prevent MSD under section 312 (if applicant paid, but
claim fails for, ACC weekly compensation) treating an application for a benefit
as having been made at the later of the dates specified in section 312(2)(a) and
(b).
Compare: 1964 No 136 s 11D

Inquiry
298 MSD must inquire into claim for benefit
(1) MSD must inquire into every claim for a benefit made by or on behalf of an
applicant for a benefit.
(2) Subsection (1) is subject to—
(a) section 299 (inquiry: exception during epidemic):
(b) section 303 (grant: after death of applicant):
(c) regulations made under section 432(1) and (3)(e) (pre-benefit activities:
consequences of non-compliance by applicant).
(3) MSD may inquire into the circumstances of a person who has been receiving a
benefit as those circumstances existed—
(a) immediately before the benefit was granted; or
(b) during the period or periods that the benefit was paid.
(4) Subsection (3) does not limit—
(a) subsection (1); or
(b) subpart 3 (review of entitlement to, or rate of, benefit granted).
Compare: 1964 No 136 s 12(1), (1A)

299 Exception during epidemic

(1) This subsection applies to any period comprising—
(a) the period when a domestic epidemic management notice is in force; and
(b) a period after the notice expires that the Minister thinks reasonable in the
circumstances.

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2018 No 32 Social Security Act 2018 Part 6 s 302

(2) During a period to which subsection (1) applies, MSD may grant a benefit to a
person even if the claim for it has not been at all, or has not been fully, inquired
into as required by section 298.
Compare: 1964 No 136 s 61CD

300 Information gathering, disclosure, and matching

(1) Provisions on information gathering, disclosure, and matching are set out in
Schedule 6.
(2) Rights of complaint are given by the following clauses of Schedule 6:
(a) clause 12 (code of conduct for information or documents requirements):
(b) clause 21 (disclosure for young person’s functions or service provider’s
contract).

Grant
301 MSD decides whether to grant benefit
MSD must, after a claim for a benefit is made (and, if applicable, inquired into
under section 298), decide whether to grant the benefit.
Compare: 1964 No 136 s 12(1)

302 Immediate provisional grant, and later backdating of other benefit

(1) This section applies to an applicant for a benefit of kind A (for example, a sup-
ported living payment on the ground of restricted work capacity or total blind-
ness) if MSD considers—
(a) quick completion of MSD’s inquiry into the applicant’s claim for a bene-
fit of kind A is unlikely (for example, quick completion is unlikely
because of the need to obtain, or to obtain further, medical evidence
about whether the applicant is under section 35, because of a health con-
dition, permanently and severely restricted in the applicant’s capacity for
work); but
(b) the applicant is entitled to a benefit of kind B (for example, jobseeker
support).
(2) MSD may grant the applicant a benefit of kind B on the basis that a benefit of
kind A will be granted retroactively if—
(a) MSD completes its inquiry into the applicant’s claim to a benefit of
kind A; and
(b) MSD’s completed inquiry shows that the applicant is entitled to a benefit
of kind A.
(3) If MSD’s completed inquiry into the applicant’s claim to a benefit of kind A
shows that the applicant is entitled to a benefit of kind A, MSD may—

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Part 6 s 303 Social Security Act 2018 2018 No 32

(a) grant the applicant a benefit of kind A, and commencing on the date on
which it would have commenced if the inquiry had been completed
before the benefit of kind B was granted; and
(b) cancel the benefit of kind B on that date.
Compare: 1964 No 136 s 12(1AA)

303 After death of applicant

(1) This section applies if an applicant for a benefit dies before MSD completes its
inquiry into the claim, made by or on behalf of the applicant, for a benefit.
(2) MSD may grant the benefit as if the applicant had not died.
(3) If MSD under this section grants the benefit as if the applicant had not died,
sections 90 to 94 (funeral grants) and regulations made under section 427 apply
as if the applicant were receiving the benefit at the time the applicant died.
(4) This section does not limit section 346 (required manner of payment: payment
on death of beneficiary).
Compare: 1964 No 136 s 62

Subpart 3—Review of entitlement to, or rate of, benefit granted

304 Review of entitlement and rate payable
(1) MSD may review a benefit that has been granted to ascertain all or any of the
following:
(a) whether the beneficiary is, or remains, entitled to receive the benefit, or
rate of benefit, that is being paid to the beneficiary:
(b) whether the beneficiary was not entitled to receive the benefit, or rate of
benefit, that was paid to the beneficiary.
(2) This subpart applies, so far as applicable and with all necessary modifications,
to special assistance granted under a programme approved under section 100 or
101.
(3) Rights to seek a review of, or to appeal against, a decision on a review under
this subpart are given by the following subparts of Part 7:
(a) subpart 2 (reviews by benefits review committee):
(b) subpart 3 (appeals to appeal authority):
(c) subpart 4 (appeals to courts):
(d) subpart 5 (appeals to medical board).
(4) Subsection (3) is by way of explanation only.
Compare: 1964 No 136 ss 81(1)(a) and (b), 124(2), (2A)

305 Information for review

(1) MSD may for the review require the beneficiary or the beneficiary’s spouse or
partner to provide information, or answer questions,—

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(a) in a way MSD specifies; and

(b) by a reasonable deadline MSD specifies.
(2) If the beneficiary or spouse or partner fails to comply with a requirement under
subsection (1), MSD may suspend, cancel, or vary the rate of benefit from a
date MSD determines.
(3) This section does not limit sections 42, 113, 290, 300, and clause 2 of Sched-
ule 6.
Compare: 1964 No 136 s 81(1)

306 No entitlement, or entitlement only at different rate

(1) This section applies if MSD is satisfied because of the review that the benefi-
ciary—
(a) was not or is not entitled (at all, rather than on another eligibility ground
for that benefit) to receive the benefit; or
(b) was or is entitled to receive the benefit at a different rate.
(2) MSD may suspend, cancel, or vary the rate of the benefit from a date MSD
reasonably determines.
Compare: 1964 No 136 s 81(2)

307 Benefit on another eligibility ground more appropriate

(1) This section applies if MSD is satisfied because of the review that the benefi-
ciary—
(a) was granted the benefit on a stated eligibility ground for that benefit; and
(b) is more appropriately entitled to receive that benefit on another eligibil-
ity ground for that benefit.
(2) MSD may cancel the benefit as granted on the stated eligibility ground, and
grant the beneficiary that benefit on the other eligibility ground commencing
from the date of cancellation.
Compare: 1964 No 136 s 81(4)

308 Another benefit more appropriate

(1) This section applies if MSD is satisfied because of the review that the benefi-
ciary is more appropriately entitled to receive another benefit.
(2) MSD may cancel the benefit, and grant the beneficiary the other benefit com-
mencing from the date of cancellation.
Compare: 1964 No 136 s 81(3)

309 Termination of winter energy payment

After the review, MSD may terminate a winter energy payment under section
75.

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Part 6 s 310 Social Security Act 2018 2018 No 32

310 Certain benefits granted, or granted at rate, not taking into account
certain insurance payments
(1) This section applies if MSD is satisfied because of the review that the benefi-
ciary has been granted a benefit, or has been granted a benefit at a rate, that
does not take into account certain insurance payments specified in regulations
made under section 439.
(2) MSD may, in accordance with those regulations, suspend, cancel, or vary the
rate of, the benefit, from a date MSD determines.
(3) In this section, benefit includes special assistance granted under a programme
approved under section 100 or 101.
(4) For the purposes of this section, the amount of an insurance payment must, to
the extent MSD so determines, be reduced by the amount of any costs incurred
by an applicant for a benefit or a beneficiary in obtaining receipt of that pay-
ment.
Compare: 1964 No 136 s 68A(6), (7), (8)

Subpart 4—Commencement, stand downs, ending, and

expiry and regrant
Commencement of benefits
311 General
(1) A benefit commences on the later of the following dates:
(a) the date the applicant became entitled to receive the benefit; and
(b) the date the application for the benefit was received.
(2) This section is subject to—
(a) section 302 (immediate provisional grant, and later backdating of other
benefit); and
(b) sections 312 to 317 and 74 and 319 (which contain exceptions and spe-
cial rules relating to commencement of benefits); and
(c) Part 6 of the Veterans’ Support Act 2014; and
(d) Part 1 of the New Zealand Superannuation and Retirement Income Act
2001.
Compare: 1964 No 136 s 80(1); 2001 No 84 s 35(2); 2014 No 56 s 195(2)

312 If applicant paid, but claim fails for, ACC weekly compensation
(1) This section applies to a person if—
(a) a claim is made by or on behalf of the person for weekly compensation
under the Accident Compensation Act 2001 in respect of incapacity of
the person; and

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(b) weekly compensation under that Act is paid in respect of the claim by or
on behalf of—
(i) the Accident Compensation Corporation; or
(ii) an accredited employer (within the meaning of section 181 of that
Act); and
(c) the person later fails to establish that claim, but would otherwise have
been entitled, if that claim had been accepted, to a benefit during all or a
part of the period in respect of which the compensation would have been
paid.
(2) MSD may treat an application for a benefit made by or on behalf of the person
as having been made on the later of the following dates:
(a) the date of first occurrence of the incapacity of the person in respect of
which the claim was made under the Accident Compensation Act 2001;
and
(b) the date that the person would have become entitled to that benefit.
Compare: 1964 No 136 s 80D

313 Benefits subject to stand down

(1) A benefit is subject to a stand down, and commences on a date calculated
under section 316, if—
(a) the benefit is a work-tested benefit or a youth payment or a young parent
payment (other than a youth payment or a young parent payment granted
to a person undertaking employment-related training or who is enrolled
in a course of secondary instruction) and the applicant is not subject to a
non-entitlement period (as defined in Schedule 2); or
(b) the benefit is sole parent support, jobseeker support on the ground of
health condition, injury, or disability, or a supported living payment.
(2) This section is subject to section 315 (exemptions from stand down) and to
regulations made under section 443.
Compare: 1964 No 136 s 80(2), (3)

314 Work-tested benefit of applicant subject to non-entitlement period

(1) A work-tested benefit granted to an applicant who is subject to a non-entitle-
ment period is subject to a stand down, and is a benefit that commences on a
date calculated under section 316, if—
(a) the work-tested benefit is granted to the applicant conditionally under
section 324; and
(b) the applicant is subject to the non-entitlement period because of the
application of section 225; and
(c) section 225 applies to the applicant because the applicant is a person
described in section 226(a).

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(2) Any other work-tested benefit granted to an applicant who is subject to a non-
entitlement period is a benefit that commences on the later of—
(a) the date the applicant became entitled to receive it; and
(b) the date the application for it was received.
Compare: 1964 No 136 s 80(4)

315 Exemptions from stand down, and when certain benefits commence
A benefit of a kind specified in regulations made under section 440,—
(a) is not subject to a stand down; and
(b) commences as provided in those regulations.
Compare: 1964 No 136 s 80(5), (8), (10), (13), (14)

316 Start and calculation of stand-down period

(1) A benefit to which a person has become entitled, and that section 313 or 314
requires to commence on a date calculated under this section, is subject to a
stand-down period that—
(a) starts on the later of—
(i) the date on which the person became entitled to the benefit; and
(ii) if, before the person applied for the benefit, the person’s employ-
ment terminated or the person is given notice of termination of
employment, the day after the date on which the person’s employ-
ment ceased; and
(b) is calculated under regulations made under section 440.
(2) The benefit commences on the day after the stand-down period ends if the
application for the benefit is received within 28 days after the date on which
the person becomes entitled to the benefit, and the benefit is—
(a) sole parent support; or
(b) a supported living payment; or
(c) jobseeker support granted on the ground of health condition, injury, or
disability; or
(d) jobseeker support granted to a sole parent, or to a person to whom sec-
tion 30(1)(e) (which relates to having lost the regular support of a spouse
or partner who is subject to a sentence of imprisonment, etc) applies; or
(e) jobseeker support granted to a person who has recently lost the financial
support of the person’s spouse or partner because of death, the spouses
or partners commencing to live apart, or the ending of a de facto rela-
tionship; or
(f) a youth payment; or
(g) a young parent payment.

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2018 No 32 Social Security Act 2018 Part 6 s 318

(3) If the benefit is not one specified in subsection (2)(a) to (g), the benefit com-
mences on the later of the following days:
(a) the day after the stand-down period ends:
(b) the day on which the application for the benefit is received.
(4) This section is subject to any regulations made under section 440, and relating
to exceptional cases, for example—
(a) of delayed redundancy and retirement payments; or
(b) of seasonal workers who are made redundant after a benefit commences.
Compare: 1964 No 136 s 80BA(1), (2)–(5)

317 Minister may consent to backdating

(1) A benefit (or a benefit of a stated kind) may, with the Minister’s consent, com-
mence at a time—
(a) earlier than the time at which an application for it was made; but
(b) not earlier than the time at which the person to whom it is granted
became eligible for it.
(2) The Minister may give consent in relation to a particular applicant, or appli-
cants of a stated kind or description.
(3) Consent in relation to applicants of a stated kind or description does not neces-
sarily allow all the benefits concerned to commence at the same time.
(4) If the Minister delegates to MSD the exercise of the power to consent con-
ferred by subsection (1), its exercise by MSD (or a refusal by MSD to exercise
it) is a decision under this Part for the purposes of subparts 2 to 5 of Part 7
(reviews and appeals).
Compare: 1964 No 136 ss 80AA(1), (4), (5), (6), 125G(1)

318 No consent unless benefit not granted earlier because of error

(1) The Minister must not give consent under section 317 unless satisfied that,—
(a) in the case of a particular applicant, the particular applicant—
(i) could not reasonably have been expected to apply at the earlier
time because of some erroneous action or inaction by MSD; or
(ii) at or before the earlier time, tried to apply, or applied incom-
pletely, and did not proceed because of an erroneous action or
inaction by MSD; or
(b) in the case of applicants of a stated kind or description,—
(i) applicants of that kind or description could not reasonably have
been expected to apply at earlier times because of an erroneous
action or inaction by MSD in relation to applicants of that kind or
description; or

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Part 6 s 319 Social Security Act 2018 2018 No 32

(ii) at earlier times, some applicants of that kind or description tried to

apply, or applied incompletely, and did not proceed because of an
erroneous action or inaction by MSD.
(2) Examples of erroneous action or inaction, for the purposes of subsection (1),
include—
(a) giving wrong advice:
(b) failing or refusing to provide information, help, or some document or
form.
(3) In this section, action or inaction by MSD, includes action or inaction by a
contracted service provider contracted under section 373(1)(a) to provide ser-
vices in relation to young people.
Compare: 1964 No 136 ss 80AA(2), (4), 125G(1)

319 Commencement of winter energy payment

The winter energy payment commences in accordance with section 74.
Compare: 1964 No 136 s 61FI

Restoration of entitlement after suspension, reduction, cancellation, or non-

entitlement
320 Effect of no longer being subject to work-test or young person obligations
(1) This section applies to a person whose benefit has been suspended or reduced,
or who is subject to a 13-week period of non-entitlement to a main benefit,
under section 225, 236, 237, 270, or 280, if the person—
(a) ceases to be a work-tested beneficiary (other than because of the impos-
ition of that suspension, reduction, or 13-week period); or
(b) ceases to be a beneficiary who is required to comply with obligations
under section 162, 164, 166, or 167 (other than because of the impos-
ition of that suspension, reduction, or 13-week period); or
(c) obtains, under section 158, an exemption from the work test or from
obligations under section 162, 164, 166, or 167.
(2) From the date on which MSD decides it is satisfied that this section applies to a
person,—
(a) the period of suspension or reduction of the benefit ends; or
(b) the person is no longer subject to the 13-week period and that period lap-
ses.
(3) If a person to whom subsection (2)(b) applies wishes to again become entitled
to a main benefit under this Act, the person must apply for the benefit and
establish the person’s eligibility to receive it.
(4) In subsection (1), benefit includes part of a benefit.
Compare: 1964 No 136 s 123(1), (2), (3), (4)

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2018 No 32 Social Security Act 2018 Part 6 s 324

321 Effect of no longer being subject to dependent children obligations

(1) This section applies to a sanction imposed on a person—
(a) under section 236, 237, or 238 (as applied by section 136); and
(b) in respect of an obligation that the person had under any of sections 131
to 135.
(2) The sanction ceases to apply to the person on the person ceasing to have that
obligation.
Compare: 1964 No 136 s 123(3A)

322 Effect of no longer being subject to work-preparation obligations

(1) This section applies to a sanction imposed on a person—
(a) under section 236, 237, or 238 (as applied by section 126); and
(b) in respect of—
(i) a general obligation of the person under section 124; or
(ii) an obligation of the person under section 123 or 125 to comply
with a requirement under section 125.
(2) The sanction ceases to apply to the person on the person ceasing to have that
obligation.
Compare: 1964 No 136 s 123(3B)

323 Effect of employment on non-entitlement period

(1) This section applies to a person who is not entitled to (or to a part of) a main
benefit under this Act for 13 weeks because of the operation of section 225 or
238.
(2) If a person to whom this section applies completes an approved period of
employment, the remainder of the 13-week period lapses.
(3) Approved period of employment, in subsection (2), means a period of
employment—
(a) of not less than 6 weeks; and
(b) approved by MSD for the purposes of this section.
Compare: 1964 No 136 s 123A

324 Effect of participation in certain activities on non-entitlement period

(1) This section applies to a person who is subject to a 13-week period of non-
entitlement under section 225, 238, 271, or 282, and is participating in 1 or
more approved activities, which are any of the following approved by MSD
for the purpose:
(a) activities of the kind referred to in section 146(1)(d):
(b) recognised voluntary work (as defined in Schedule 2):
(c) part-time work (in the case of a part-time work-tested beneficiary).

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Part 6 s 325 Social Security Act 2018 2018 No 32

(2) If a person to whom this section applies participates satisfactorily in the

approved activity or activities for a continuous period of 6 weeks,—
(a) the remainder of the period of non-entitlement lapses; and
(b) if the person wishes to again become entitled to a main benefit under this
Act, the person must apply for the benefit and establish the person’s eli-
gibility for it.
(3) Despite subsection (2)(b), if the person applies for a main benefit under this
Act, MSD must grant the person a main benefit under this Act during the per-
son’s satisfactory participation in the approved activity or activities.
(4) Payment of a benefit granted under subsection (3) is subject to the condition
that the person is liable to repay the whole of any amount paid during the non-
entitlement period if the person fails—
(a) to complete a continuous period of 6 weeks of satisfactory participation
in an approved activity or activities; or
(b) (if the period remaining until the end of the non-entitlement period is
less than 6 weeks) to continue satisfactory participation until the end of
the non-entitlement period.
(5) No obligation to repay under subsection (4) arises if the reason for the person’s
failure is that the person—
(a) ceases to be a work-tested beneficiary or a beneficiary who is required to
comply with obligations under section 162, 164, 166, or 167; or
(b) obtains, under section 158, an exemption from the work test or from
obligations under section 162, 164, 166, or 167.
(6) If the person is still entitled to the benefit at the end of the period of satisfac-
tory participation or non-entitlement (as the case may be), payment of the
benefit is no longer subject to the condition in subsection (4).
(7) Any amount the person is liable to repay under this section is a debt due to the
Crown under regulations made under section 444, and subject to recovery
under regulations made under section 444, from the person.
Compare: 1964 No 136 s 123B

Ending of benefits
325 General rule if person’s entitlement to benefit ceases
(1) If a person’s entitlement to a benefit ceases, the benefit ends on a date that is
set by MSD and is—
(a) not earlier than the pay day before the date on which the person’s entitle-
ment ceases; and
(b) not later than the pay day after the date on which the person’s entitle-
ment ceases.

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2018 No 32 Social Security Act 2018 Part 6 s 328

(2) This section is subject to sections 326 to 330.

Compare: 1964 No 136 s 80BD(1), (2)

326 After death of beneficiary receiving specified benefit

(1) This section applies to a person who, when the person died, was receiving one
of the following benefits:
(a) New Zealand superannuation:
(b) a veteran’s pension:
(c) sole parent support:
(d) a supported living payment:
(e) jobseeker support:
(f) a youth payment:
(g) a young parent payment:
(h) an emergency benefit related to a benefit specified in any of para-
graphs (a) to (g).
(2) The benefit ends on the 28th day after the date of the death if the person leaves
a spouse or partner, or a child, not entitled to a lump sum payment under—
(a) section 56 of the Accident Rehabilitation and Compensation Insurance
Act 1992; or
(b) section 444 of the Accident Insurance Act 1998; or
(c) section 382 of the Accident Compensation Act 2001.
(3) In every other case, the benefit ends on a date set by MSD and that is not later
than 28 days after the date of the death.
Compare: 1964 No 136 s 80BD(3), (4), (5)

327 Benefits payable to sole parent who stops caring for dependent child due
to sudden and uncontrollable circumstances
(1) This section applies to a benefit, or a rate of benefit, payable to a beneficiary
who—
(a) is or was a sole parent in respect of a dependent child; but
(b) stops caring for the child because of a change of circumstances that is
sudden and beyond the beneficiary’s control.
(2) The benefit or rate of benefit ends 28 days after the day on which the benefi-
ciary stops caring for the child.
Compare: 1964 No 136 s 80BD(6)

328 Supported living payment payable to beneficiary who stops caring for
another person
(1) This section applies to a supported living payment under section 40, or a rate of
that benefit, payable to a beneficiary who stops caring for the other person con-

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Part 6 s 329 Social Security Act 2018 2018 No 32

cerned because that person dies, is admitted to hospital, or enters residential

care.
(2) The benefit or rate of benefit ends 28 days after the day on which the benefi-
ciary stops caring for the other person.
Compare: 1964 No 136 s 80BD(6A)

329 If child ceases to be entitled to orphan’s benefit or unsupported child’s

benefit
If a child’s entitlement to an orphan’s benefit or an unsupported child’s benefit
ceases, the benefit ends—
(a) on the date the child ceases to be entitled to the benefit; or
(b) on a date that is set by MSD and is after, but not later than 28 days after,
the date the child ceases to be entitled to the benefit.
Compare: 1964 No 136 s 80BD(7)

330 Supported living payment on ground of restricted work capacity or total

blindness and cancelled on medical grounds
(1) This section applies to a supported living payment on the ground of restricted
work capacity or total blindness, and that is cancelled on medical grounds.
(2) The benefit ends on a date set by MSD and that is after, but not later than 28
days after, the date of cancellation of that benefit.
Compare: 1964 No 136 s 80BD(8)

Expiry and regrant of specified benefits

331 Expiry date, and specified benefit, defined
(1) In this section and sections 332 to 336,—
expiry date, in relation to a specified benefit, means the expiry date prescribed
for that specified benefit by regulations made under section 441(1)
specified benefit means a benefit that is—
(a) jobseeker support; or
(b) sole parent support, supported living payment, or emergency benefit,
unless that benefit is for the time being declared not to be a specified
benefit for the purposes of this section and sections 332 to 336 by regu-
lations made under section 441(1).
(2) Regulations made under section 441(1) that declare sole parent support, sup-
ported living payment, or emergency benefit not to be a specified benefit may,
without limitation, declare not to be a specified benefit for the purposes of this
section and sections 332 to 336 any of those benefits—
(a) as granted on only 1 or more specified available eligibility grounds:

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2018 No 32 Social Security Act 2018 Part 6 s 335

(b) as granted to only 1 or more specified categories, classes, or kinds of

beneficiaries.
Compare: 1964 No 136 s 80BE(5), (6)

332 General rule

(1) 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.
(2) This section is subject to sections 334 and 336.
Compare: 1964 No 136 s 80BE(1)

333 Exception for specified benefit expiring in week of or before 26 December

(1) This section applies to a specified benefit that expires under section 332 in the
week that is, or is the week immediately before, the week that includes
26 December in a year.
(2) The benefit must continue to be paid until the first Monday after 2 January in
the immediately following year.
(3) This section overrides sections 325 and 332.
Compare: 1964 No 136 s 80BE(7)

334 Exemptions
(1) MSD may in any prescribed circumstances exempt from expiry under section
332 all or any specified benefits of—
(a) an identified beneficiary; or
(b) all beneficiaries who fall within an identified class or description.
(2) The exemption must be until an identified event or situation or time, and may
be on any identified conditions.
(3) MSD’s exemption power is exercisable only by notice in writing copied as
soon as practicable to every beneficiary concerned.
(4) In subsection (1), prescribed circumstances means any circumstances that
are—
(a) circumstances in which an exemption from expiry may be considered;
and
(b) prescribed for the purposes of this section by regulations made under
section 441(1).
Compare: 1964 No 136 s 80BE(8)

335 MSD must notify or advise beneficiary

(1) MSD must, not less than 20 working days before the expiry date for a specified
benefit, give the affected beneficiary a notice that states—
(a) that entitlement to that benefit will cease unless the beneficiary reapplies
for that benefit and it is regranted; and

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Part 6 s 336 Social Security Act 2018 2018 No 32

(b) the date on which entitlement to that benefit will cease; and
(c) what the beneficiary must do to reapply for that benefit, and the period
within which the beneficiary must do so.
(2) Subsection (1) does not apply if, at the time that MSD is required to give a
notice under that subsection, the specified benefit—
(a) is suspended because the beneficiary is undertaking temporary employ-
ment; or
(b) is not for the time being payable under this Act, for example, under—
(i) section 217 (benefit not payable during custody in prison or on
remand); or
(ii) section 219 (general rule: benefit not payable while beneficiary
absent from New Zealand); or
(c) is suspended under any provision of this Act other than section 237
(sanction for second failure: suspension of main benefit).
(3) However, if at any time before the expiry date for that benefit any of the cir-
cumstances described in subsection (2) no longer exist, MSD must, as soon as
practicable, take reasonable steps to advise the beneficiary of the matters set
out in subsection (1)(a) to (c).
Compare: 1964 No 136 s 80BE(2), (3), (4)

336 Requirements for regrant

(1) The specified benefit may be regranted if that beneficiary reapplies for it in
accordance with requirements for regrant of it.
(2) The requirements for regrant of the specified benefit may be in this Act or in
regulations made under section 441(1).
Compare: 1964 No 136 s 80BF(1)

Subpart 5—Payment of benefits, tax on benefits, debts and deductions

Payment of benefits
337 How benefits are paid
How benefits are paid is, in general, provided for by regulations made under
section 442 or 443.
Compare: 1964 No 136 ss 3(1), 61CB, 61CC(2), 82(3), (5), (6A), (6AA), (6AB), (6AC), (6F), (6G),
83; SR 2007/229 r 5

338 Weekly instalments

(1) A benefit is payable in instalments of a number of weeks’ benefit.
(2) The number of weeks’ benefit is as determined from time to time by MSD.
(3) The instalments are payable on 1 or more days or dates in the month.

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2018 No 32 Social Security Act 2018 Part 6 s 339

(4) The 1 or more days or dates in the month is or are as determined from time to
time by MSD.
(5) A main benefit under this Act and the winter energy payment are payable in
respect of a 7-day week.
(6) This section is subject to section 74 (winter energy payment: instalments, rates,
and payment) and section 341 (required manner of payment: money manage-
ment for certain payments to young people).
Compare: 1964 No 136 ss 82(1), (2A), 179(2), (3)

339 Payment generally to, or on account of, beneficiary personally

(1) All or part of an instalment of a benefit is paid to, or on account of, the benefi-
ciary personally, or, if MSD for good cause directs,—
(a) to, or on account of, some other person authorised by the beneficiary; or
(b) for a beneficiary who lacks sufficient capacity in law, to a person
appointed by MSD for the purpose of receiving it; or
(c) with or without the consent of the beneficiary—
(i) to a person in payment of the beneficiary’s lawful debts or other
liabilities:
(ii) to, or for the benefit of, the spouse or partner of the beneficiary or
a dependent child or children of the beneficiary.
(2) Subsection (1) is subject to contrary provisions in, or in regulations made
under, this Act (for example,—
(a) exceptions provided for in regulations made under section 442; and
(b) sections 341 and 344, on when certain payments to a young person are
or may be subject to money management; and
(c) section 351, which requires an amount for tax paid under section 350(2)
by MSD to the Commissioner of Inland Revenue to be considered to be
a payment of a benefit made on account of, and received by, the benefi-
ciary; and
(d) sections 368 to 370, on when MSD must pay a disability allowance, spe-
cial assistance granted under a programme approved under section 100
or 101, or an advance payment, to a preferred supplier of goods or ser-
vices).
Compare: 1964 No 136 ss 82(3), 179(9)

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Part 6 s 340 Social Security Act 2018 2018 No 32

340 Required manner of payment: general

(1) All or part of an instalment of a benefit must be paid in a manner from time to
time determined by MSD.
Example
An instalment of jobseeker support must be paid by electronic transfer of funds
into the beneficiary’s bank account, if that is what MSD has determined.

(2) Subsection (1) is subject to contrary provisions in, or in regulations made

under, this Act (for example,—
(a) section 341, on the manner of payment of specified youth support pay-
ments; and
(b) default determinations, and exceptions, provided for in regulations made
under section 442).
(3) A determination made by MSD under this section of a required manner of pay-
ment—
(a) may be reviewed under subpart 3 of this Part; but
(b) cannot be reviewed, or appealed against, under Part 7.
Compare: 1964 No 136 ss 82(4), (7), 179(9)

341 Required manner of payment: money management for certain payments

to young people
(1) Regulations made under section 418(1)(k) for the purposes of this section may
prescribe a manner of payment designed to assist certain young people to man-
age their money effectively (a money management manner of payment).
(2) A money management manner of payment may (but need not) include credit-
ing an amount to a payment card, voucher, or device, that enables a young per-
son to obtain goods or services from a particular supplier and enables the sup-
plier to obtain payment from MSD for the goods or services.
(3) The following must be paid in a money management manner of payment:
(a) any youth support payment (including the in-hand allowance up to the
maximum amount set out in clause 7 in Part 6 of Schedule 4):
(b) any WFF tax credit payable to a young person by MSD:
(c) the amount of any child disability allowance or disability allowance to
which a young person is entitled:
(d) any other benefit or payment under this Act to which a young person is
entitled specified for the purposes of this paragraph by the regulations
made under section 418(1)(k).
(4) Subsection (3)—
(a) is subject to the exception set out in section 342; and

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2018 No 32 Social Security Act 2018 Part 6 s 344

(b) overrides section 80KS of the Tax Administration Act 1994.

Compare: 1964 No 136 s 179(4)(a), (5), (6)

342 Money management for certain payments to young people: exception if

young person meets prescribed criteria for managing own payments
(1) This section applies to a young person only if MSD considers the young person
has met the criteria—
(a) for managing the young person’s own payments; and
(b) stated for the purposes of this section in regulations made under section
418(1)(k).
(2) All or a part of the payments referred to in section 341(3)(a) to (d) may be paid
to or on account of the young person personally (in line with section 339(1))
until a sanction is imposed on the young person under section 270, 271, 280,
or 281.
Compare: 1964 No 136 s 179(7)

343 Review and appeal of specified determinations made by MSD under

regulations
A determination by MSD under regulations made under section 418(1)(k) for
the purposes of section 342(1)(b)—
(a) may be reviewed under subpart 3 of this Part; but
(b) cannot be reviewed, or appealed against, under Part 7.
Compare: 1964 No 136 s 179(8)

344 Young person beneficiaries may elect money management

(1) A young person to whom section 166 or 167 applies may elect to have all or
any amounts stated in subsection (3) payable to the young person paid in a
money management manner of payment.
(2) However, the election may be made by the young person only—
(a) to the extent that regulations made under section 418(1)(l) for the pur-
poses of this section allow; and
(b) subject to any conditions prescribed by the regulations.
(3) The amounts are—
(a) any part of a specified beneficiary’s benefit:
(b) any part of any other benefit payable under regulations made under sec-
tion 442(2)(e) (regulations: payments, and debts and deductions: appor-
tionment) for the purposes of section 337 (how benefits are paid):
(c) any WFF tax credit:
(d) any child disability allowance or disability allowance:

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Part 6 s 345 Social Security Act 2018 2018 No 32

(e) any other benefit or payment under this Act to which the young person is
entitled.
(4) The young person may revoke the election at any time.
Compare: 1964 No 136 s 180

345 Credit on payment card, etc, at end of money management

(1) This section applies to a young person if—
(a) the young person ceases to be subject to a money management manner
of payment; and
(b) the young person has a payment card, voucher, or device to which an
amount or amounts payable to the young person have been credited for
the purchase of goods or services; and
(c) the amount on the card, voucher, or device has not been fully spent.
(2) MSD may, after receiving an oral or a written application to do so made (in any
form, and using any wording, that is reasonable for the purpose) by or on
behalf of a young person to whom this section applies,—
(a) cancel the young person’s payment card, voucher, or device; and
(b) pay the amount standing to the credit of the young person on the pay-
ment card, voucher, or device (after the deduction of any debt recovera-
ble from the young person) to the young person under section 339.
Compare: 1964 No 136 s 179(12), (13)

346 Required manner of payment: payment on death of beneficiary

If an instalment of a benefit is payable after the beneficiary’s death, that instal-
ment may be paid,—
(a) on application by the surviving spouse or partner of the beneficiary, to
that spouse or partner; or
(b) if the beneficiary has no surviving spouse or partner but has a surviving
dependent child, on application by the person who has the care of the
child, to that person (or to another person appointed by MSD for the pur-
pose) for the benefit of that child and any other surviving dependent
children of the beneficiary; or
(c) in any other case, in the manner in which that instalment would have
been paid if the beneficiary had not died.
Compare: 1964 No 136 ss 82(3A), 132; SR 2007/229 r 6

347 Advance payment of instalments of benefit

(1) MSD may make an advance payment of all or part of 1 or more instalments of
a benefit (and that are instalments that are not yet due) if, and only if,—
(a) the benefit is a main benefit, an orphan’s benefit, an unsupported child’s
benefit, New Zealand superannuation, or a veteran’s pension; and

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2018 No 32 Social Security Act 2018 Part 6 s 349

(b) MSD is satisfied that an advance payment of the benefit would best meet
the beneficiary’s immediate needs; and
(c) the beneficiary has applied for an advance payment of the benefit.
(2) The beneficiary’s application must be made in a manner and form specified in
regulations made under section 446, and makes the beneficiary subject to sec-
tion 348 (requirement for beneficiary, spouse or partner, or both, to undertake
budgeting activity).
(3) The amount so paid in advance is a debt due to the Crown under regulations
made under section 444, and subject to recovery under regulations made under
section 444, from the beneficiary.
Compare: 1964 No 136 s 82(6)

348 Requirement for beneficiary, spouse or partner, or both, to undertake

budgeting activity
(1) This section applies to a beneficiary who has applied for an advance payment
under section 347 of a benefit.
(2) MSD may, in circumstances prescribed by regulations made under section 447,
require the beneficiary, the beneficiary’s spouse or partner, or both, to under-
take to MSD’s satisfaction a budgeting activity of a kind specified in regula-
tions made under section 447.
Compare: 1964 No 136 s 82(6B)

Tax on benefits
349 Interpretation
In this section and sections 350 to 352,—
income-tested benefit has the same meaning as in whichever of the following
apply:
(a) section 2 of the Income Tax Act 1976; or
(b) section OB 1 of the Income Tax Act 1994; or
(c) section OB 1 of the Income Tax Act 2004; or
(d) section YA 1 of the Income Tax Act 2007
source deduction payment means a payment that is—
(a) within the meaning of that term in whichever of the following apply:
(i) section 2 of the Income Tax Act 1976; or
(ii) section OB 1 of the Income Tax Act 1994; or
(iii) section OB 1 of the Income Tax Act 2004; or
(b) a PAYE income payment, as that term is defined in section RD 3 of the
Income Tax Act 2007 (if applicable)

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Part 6 s 350 Social Security Act 2018 2018 No 32

specified provision, in relation to a source deduction payment, means (as the

case requires)—
(a) the fourth proviso to section 343(1) of the Income Tax Act 1976; or
(b) the fourth proviso to section NC 6(1) of the Income Tax Act 1994; or
(c) section NC 6(1D) of the Income Tax Act 1994; or
(d) section NC 6(1D) of the Income Tax Act 2004; or
(e) section RD 11(3) of the Income Tax Act 2007.
Compare: 1964 No 136 s 83A(6)

350 MSD may pay tax on income-tested benefit other than by tax deduction
from source deduction payment
(1) This section applies to a source deduction payment that is an instalment or a
payment of an income-tested benefit.
(2) MSD may, instead of making a tax deduction from the source deduction pay-
ment, pay to the Commissioner of Inland Revenue, at a time the Commissioner
determines in consultation with MSD, an amount for income tax payable on
that payment, that is calculated under subsection (3).
(3) The amount for income tax payable on a source deduction payment is the
amount of the tax deduction that would be made, at the rate determined under
the appropriate specified provision, if the payment were increased by an
amount that, after the tax deduction were made, would result in an amount
equal to the source deduction payment.
Compare: 1964 No 136 s 83A(1)–(3)

351 Status of amount for income tax paid by MSD

An amount for income tax paid by MSD to the Commissioner under section
350(2) must,—
(a) for the purposes of this Act, be considered to be a payment of a benefit,
within the meaning of that term in Schedule 2, made on account of, and
received by, the person; and
(b) for the purposes of—
(i) the Income Tax Act 1976, be considered to be assessable income
of the person; or
(ii) the Income Tax Act 1994, be considered to be gross income of the
person; or
(iii) the Income Tax Act 2004, be considered to be income of the per-
son; or
(iv) the Income Tax Act 2007, be considered to be income of the per-
son.
Compare: 1964 No 136 s 83A(4)

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2018 No 32 Social Security Act 2018 Part 6 s 354

352 Recovery amount paid in excess of amount properly payable

(1) This section applies if, as a result of the review, suspension, or cancellation of
an income-tested benefit, MSD determines that an amount for tax on the bene-
fit has been paid under section 350(2) to the Commissioner in excess of the
amount that is properly payable under section 350(2).
(2) MSD cannot recover the excess amount under regulations made under section
444, but may recover that amount by—
(a) making an adjustment to an amount later payable to the Commissioner
under section 350(2) in respect of the source deduction payments for that
or any other benefit payable to that beneficiary; or
(b) making other arrangements for its refund that are agreed with the Com-
missioner.
Compare: 1964 No 136 s 83A(5)

Debts and deductions

353 Debts and deductions
The following matters are provided for by regulations made under section 444:
(a) recovery of sums (for example, identified overpayments, or penalties)
specified as debts due to the Crown:
(b) issuing of deduction notices that require a debtor’s payer to deduct, and
pay MSD, an amount due:
(c) related matters.
Compare: 1964 No 136 ss 3(1), 83AA, 85A, 85B, 86A–86I, 124(2), (2A)

354 Recovery of penalty from beneficiary who obtains by fraud amount in

excess of entitlement
(1) This section applies to a person if—
(a) the person obtained a payment, or received a credit or an advance, in
excess of the amount to which the person was entitled; and
(b) in MSD’s opinion, that payment, credit, or advance in excess, was
obtained by fraud.
(2) MSD may recover from the person, by way of penalty that is a debt due to the
Crown, an amount not exceeding 3 times the amount in excess.
(3) MSD’s discretion may be exercised in respect of a particular case, or in respect
of a particular class, or any particular classes, of case.
(4) This section does not relieve the person from any other liability in respect of
any fraud committed by the person.
(5) A person must be taken for the purposes of this section to have obtained a pay-
ment, credit, or advance by fraud if the person—

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Part 6 s 355 Social Security Act 2018 2018 No 32

(a) has made a statement knowing it to be false in a material particular, or

has knowingly said or done anything or omitted to do or say anything for
the purpose of misleading MSD in the administration of this Act, for the
purpose of obtaining a payment, credit, or advance, under this Act; and
(b) has, as a result of that statement, action, or omission, received that pay-
ment, credit, or advance.
Compare: 1964 No 136 s 86(2), (2C)

355 Restriction on imposing penalty under section 354: prosecution for offence
MSD cannot impose a penalty on a person under section 354 if that person has
been prosecuted and dealt with for any offence arising out of the same circum-
stances that gave rise to liability under that section.
Compare: 1964 No 136 s 86(2A)(b)

356 Restriction on imposing penalty under section 354: notice and period to
respond
(1) MSD cannot impose a penalty on a person under section 354 unless MSD has
given to the person a written notice advising—
(a) of MSD’s intention to impose a penalty under section 354; and
(b) of the amount proposed to be imposed by way of penalty; and
(c) of the particulars of fact on which MSD’s intention is based; and
(d) that the person has 5 working days after the date of receipt of the notice
to show cause why the action should not be taken.
(2) MSD cannot impose a penalty on a person under section 354 until after the
expiration of those 5 working days.
Compare: 1964 No 136 s 86(2A)(a) and (c)

357 Restriction on recovering penalty under section 354: decision to be final

MSD cannot recover a penalty imposed on a person by a decision under section
354 unless (as the case requires)—
(a) a benefits review committee review under subpart 2 of Part 7 of the deci-
sion—
(i) has not been applied for by or on behalf of the person within the
time allowed (and no application has been made to allow a further
time for an application for a review of that kind); or
(ii) has been completed; or
(b) an appeal authority appeal under subpart 3 of Part 7 against the deci-
sion—
(i) has not been begun by a notice of appeal being lodged by or on
behalf of the person within the time allowed (and no application

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2018 No 32 Social Security Act 2018 Part 6 s 359

has been made to allow a further time for lodging a notice of an

appeal of that kind); or
(ii) has been completed.
Compare: 1964 No 136 s 86(2B)

358 Recovery from spouse or partner who misleads MSD of excess amount
beneficiary obtained
(1) This section applies to a beneficiary’s (B’s) spouse or partner (S) if, in MSD’s
opinion,—
(a) S makes a false statement to, or otherwise misleads, MSD in the admin-
istration of this Act, in relation to any matter; and
(b) the benefit or an instalment of benefit is, as a result of the statement or
misleading, paid in excess of the amount to which B is by law entitled.
(2) The amount so paid in excess is a debt due to the Crown, and subject to recov-
ery under section 362, from S.
(3) The excess amount may be recovered under this section from S on the basis
that S is jointly and severally liable.
(4) This section therefore does not limit or affect—
(a) recovery under section 362 from B of the excess amount recoverable
under this section and section 362 from S:
(b) any other civil or criminal liability of B, under any other laws, in respect
of that excess amount.
Compare: 1964 No 136 s 86(3), (3A)

359 Recovery from spouse or partner of apportioned excess amount

beneficiary obtained by fraud
(1) This section applies to a benefit apportioned between spouses or partners so
that—
(a) one proportion of the benefit (proportion B) is paid to one spouse or
partner (B); and
(b) another proportion of the benefit (proportion S) is paid to the other
spouse or partner (S); and
(c) the beneficiary entitled to the benefit, for the purposes of those regula-
tions, is either B or S.
(2) However, this section does not apply to the apportioned benefit unless—
(a) all or part of proportion B is—
(i) an amount in excess of the amount to which B is by law entitled
or to which B has no entitlement; and
(ii) an amount obtained by fraud by B; and

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(iii) a debt due to the Crown, and subject to recovery under section
362, from B; and
(b) all or part of proportion S either is, or is not,—
(i) an amount in excess of the amount to which S is by law entitled or
to which S has no entitlement; and
(ii) an amount obtained by fraud by S; and
(iii) a debt due to the Crown, and subject to recovery under section
362, from S; and
(c) S either knew, or ought to have known (even if S did not know), of the
fraud by B.
(3) S is jointly and severally liable for B’s debt referred to in subsection (2)(a)(iii),
and that amount is a debt due to the Crown, and subject to recovery under sec-
tion 362, from S.
(4) This section does not limit or affect any civil or criminal liability under any
other law—
(a) of B for, or in respect of, the debt referred to in subsection (2)(a)(iii); or
(b) of S for, or in respect of, the debt referred to in subsection (2)(b)(iii).
Compare: 1964 No 136 s 83AA(1), (2), (3)

360 Obtaining amount by fraud: meaning and proof

(1) An amount is obtained by fraud by a person (whether B or S) for the purposes
of sections 354, 359, and 361, and clause 9 of Schedule 6 if the person—
(a) obtained that amount by—
(i) making any statement to MSD knowing the statement to be false
in a material particular; or
(ii) knowingly saying or doing anything or omitting to do or say any-
thing for the purpose of misleading MSD in administering this
Act; or
(b) is convicted of a specified offence (as defined in section 291(5)) in
respect of obtaining that amount.
(2) This section does not limit references to fraud in sections 354, 359, and 361,
and clause 9 of Schedule 6.
(3) This section does not limit the operation of section 49 (conviction as evidence
in criminal proceedings) of the Evidence Act 2006.
Compare: 1964 No 136 ss 83AA(4), (5), 86AA(2), (3)

361 Recovery from spouse or partner of unapportioned excess amount

beneficiary obtained by fraud
(1) This section applies to a beneficiary’s (B’s) spouse or partner (S) if—
(a) B has obtained or received an amount (payment, credit, or advance)—

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(i) in excess of the amount to which B was entitled; or

(ii) to which B has no entitlement; and
(b) B, in MSD’s opinion, obtained that amount (payment, credit, or advance)
in excess by fraud; and
(c) none of the amount in excess has been apportioned to S; and
(d) S, in MSD’s opinion, either—
(i) knowingly benefited directly or indirectly from B’s fraud; or
(ii) ought to have known (even if B did not know) that S was benefit-
ing directly or indirectly from B’s fraud.
(2) The amount in excess that S obtained by B’s fraud is a debt due to the Crown,
and subject to recovery under section 362, from S.
(3) The excess amount may be recovered under this section from S on the basis
that S is jointly and severally liable.
(4) This section therefore does not limit or affect—
(a) recovery under section 362 from B of the excess amount recoverable
under this section and section 362 from S:
(b) any other civil or criminal liability of B, under any other laws, in respect
of that excess amount.
Compare: 1964 No 136 s 86AA

362 MSD’s duty to recover debts

(1) MSD is under a duty imposed by this section to take all reasonably practicable
steps to recover sums (for example, identified overpayments, or penalties) that
are specified (in this Act, or in regulations made under this Act) as debts due to
the Crown.
(2) The duty is subject to the exceptions specified in regulations made under sec-
tion 444(2)(b).
Compare: 1964 No 136 s 86(1)

363 Duty unaffected by law on mistaken payments

Recovery under section 362 of a debt is not prevented by the following:
(a) section 74B of the Property Law Act 2007 (payments made under mis-
take of law or fact not always recoverable):
(b) any other law relating to payment by or under mistake.
Compare: 1964 No 136 s 86(1B)

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Part 6 s 364 Social Security Act 2018 2018 No 32

Subpart 6—Notices and communications, services, and preferred

suppliers
Notices and communications
364 Ways MSD or person can meet requirement to give notice or other
document
(1) The ways MSD or a person can meet a requirement in this Act to give to
another person a written or other notice, or any other document, are specified
in regulations made under section 449.
(2) This section is subject to section 254 (how notice of sanction may be given).
Compare: 1964 No 136 s 86J; 2011 No 62 s 211; 2015 No 35 s 4

Young people services

365 Services to encourage young people to move to and remain in education,
training, and employment
(1) MSD may do either or both of the following things:
(a) provide services to encourage and help young people to move into or
remain in education, training, and employment, rather than receiving
financial support under this Act:
(b) enter (under section 373) into contracts with service providers to provide
services of that kind on MSD’s behalf.
(2) A young person who, on the date the young person turns 18 years old is, in
MSD’s opinion, continuing in a course of education or training may continue to
be provided the services of the kind referred to in subsection (1)(a) until—
(a) the close of the following 31 March, if the course is one of secondary
instruction or one that ends in December; or
(b) the close of the day on which the course ends, if the course is one of any
other kind.
Compare: 1964 No 136 s 123E(1), (2)

Goods or services, for beneficiaries or others, supplied by preferred suppliers

366 Preferred suppliers: contracts
MSD may from time to time, on behalf of the Crown, enter into a contract with
any person, body, or organisation (a preferred supplier) for the supply of
goods or services, or classes, descriptions, or kinds of goods or services, speci-
fied in a determination under section 367,—
(a) by the preferred supplier; and
(b) for purchase by beneficiaries, other persons identified by MSD, or both.
Compare: 1964 No 136 s 125AA(3)

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2018 No 32 Social Security Act 2018 Part 6 s 368

367 Preferred suppliers: determinations

(1) The Minister may from time to time, by written direction, determine the goods
or services, or classes, descriptions, or kinds of goods or services, contracts for
the supply of which may be entered into under section 366.
(2) A determination under this section must be in respect of goods or services, or
classes, descriptions, or kinds of goods or services, for all or any of the follow-
ing (and for no other) purposes:
(a) to meet additional expenses arising from a disability by way of a disabil-
ity allowance, under section 85:
(b) to meet particular needs of a person via special assistance under a pro-
gramme under section 100 or 101:
(c) to satisfy the immediate needs of a beneficiary via an advance payment
of a benefit under section 347.
Compare: 1964 No 136 s 125AA(1), (2)

368 Preferred suppliers: paying them disability allowance, special assistance,

or advance payment
(1) This section applies to a person if—
(a) any of the following relates to the supply of any goods or services to the
person or a member of the person’s family:
(i) the person’s ongoing additional expenses under section 85(2)(d);
or
(ii) a special assistance payment to the person under a welfare pro-
gramme approved under section 100 or 101; or
(iii) the person’s immediate needs under section 347; and
(b) the goods or services are of a class, description, or kind supplied by a
preferred supplier under a preferred supply contract; and
(c) the preferred supplier is a preferred supplier to, or in respect of, the area
in which the beneficiary resides.
(2) The person must purchase the goods or services—
(a) from a preferred supplier nominated by MSD; and
(b) at the price determined by the preferred supply contract with that sup-
plier.
(3) The amount of the special assistance under section 100 or 101, or advance pay-
ment under section 347, for purchasing the goods or services is the lesser of—
(a) the price determined by the preferred supply contract with that supplier;
and

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Part 6 s 369 Social Security Act 2018 2018 No 32

(b) the maximum amount available under the approved welfare programme,
or of advance payment of benefit, that is available to the person for that
purpose.
(4) MSD must pay to that supplier, in consideration of the supply of the goods or
services to the person or the person’s family member,—
(a) all, or the specified part, of the disability allowance that is granted under
section 85 in respect of the supply of the goods or services; or
(b) the special assistance payment under the welfare programme approved
under section 100 or 101; or
(c) the advance payment under section 347.
(5) A nomination given by MSD under subsection (2) of a preferred supplier—
(a) may be given by MSD orally or in writing (but, if given orally, must as
soon as practicable be confirmed in writing by MSD); and
(b) may from time to time be amended, revoked, or replaced, by MSD, to
recognise changes in preferred suppliers or preferred supply contracts
ending without also being replaced.
(6) Preferred supply contract, in this section and section 370, means a contract
MSD has entered into under section 366 (preferred suppliers: contracts) with a
supplier of goods or services.
(7) This section is subject to sections 369 and 370 (which are disability allowance
exceptions).
Compare: 1964 No 136 ss 69C(7A)–(7BA), 82(6AA)–(6AC), 124(1BA)–(1BBA)

369 Preferred suppliers: paying them disability allowance: exception if total

benefit payments less than amount required
(1) This section applies if—
(a) a preferred supplier is required under section 368(4)(a) to be paid, on a
pay day, an amount that is all or the specified part of a disability allow-
ance granted under section 85 to a person in respect of the supply of the
goods or services; and
(b) the person’s net total benefit payments due to be paid on that pay day
(after deducting any reduction or deduction required to be made from the
person’s benefit payments for another purpose (for example, under an
attachment order or a deduction notice)) are less than the amount
required to pay the preferred supplier on that pay day.
(2) MSD—
(a) is not required by section 368(4)(a) to pay to the preferred supplier on
the pay day referred to in subsection (1) of this section all, or the speci-
fied part, of the person’s disability allowance due on that pay day; and

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2018 No 32 Social Security Act 2018 Part 6 s 372

(b) may pay the amount due to the preferred supplier on 1 or more later pay
days from amounts of disability allowance or other benefit payments due
to the person on those 1 or more later pay days.
(3) Non-payment, or deferred payment, under this section does not reduce any
amounts due to the preferred supplier from the person under, or make MSD or
the Crown liable for breaching, the person’s contract of purchase.
Compare: 1964 No 136 s 69C(7BB), (7BC)

370 Preferred suppliers: paying them disability allowance: exception if

allowance granted at maximum rate
(1) This section applies if the disability allowance granted to the person to whom
section 368(4)(a) applies is granted at the maximum appropriate rate specified
in Part 9 of Schedule 4.
(2) MSD may determine in writing that, despite section 368(2),—
(a) all, or the specified part, of the disability allowance that is granted under
section 85 in respect of the supply of the goods or services must be paid
to the person for use only to purchase any 1 or more of the goods or ser-
vices that the person chooses and that are goods or services in respect of
the supply of which the disability allowance is granted; and
(b) if the goods or services that the person chooses and purchases under
paragraph (a) are goods or services supplied by the nominated preferred
supplier under the preferred supply contract, the person must purchase
them from that supplier at the price determined by that contract.
Compare: 1964 No 136 s 69C(7C)

371 Preferred suppliers: no appeal lies against MSD decisions

An MSD decision under sections 368 to 370—
(a) may be reviewed under subpart 3 of this Part; but
(b) cannot be reviewed, or appealed against, under Part 7.
Compare: 1964 No 136 ss 69C(7D), 82(4), 124(1BC)

372 Preferred suppliers: transitional or savings provisions directions

(1) The Minister may from time to time give to MSD under this section written
directions that set out transitional or savings provisions that apply—
(a) to persons receiving assistance under this Act in respect of goods or ser-
vices that would be affected by a contract with a preferred supplier in
respect of those goods or services; and
(b) at, or within a specified period after, the time or times when a contract
under section 366 (including, without limitation, one that varies or repla-
ces all or any of an earlier contract of that kind) takes effect.
(2) A direction given under this section—

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Part 6 s 373 Social Security Act 2018 2018 No 32

(a) overrides sections 347, 367(2)(b), and 368 to 370; and

(b) must be complied with by MSD; and
(c) must, as soon as practicable after it is given, be—
(i) published on an Internet site administered by or on behalf of
MSD; and
(ii) notified in the Gazette; and
(d) must, each time it is amended without also being replaced, also as soon
as practicable after it is amended, be published—
(i) on an Internet site administered by or on behalf of MSD; and
(ii) current as at a stated date; and
(iii) incorporating amendments up to that date; and
(e) is not a legislative instrument, but is a disallowable instrument, for the
purposes of the Legislation Act 2012, and must be presented to the
House of Representatives under section 41 of that Act.
(3) A notification in the Gazette for the purpose of subsection (2)(c)(ii) does not
have to include the text of the direction.
Compare: 1964 No 136 s 125AA(5), (6)

Administration services provided by contracted service providers

373 Administration service providers: contracts
(1) MSD may from time to time, on behalf of the Crown, enter into a contract with
any person, body, or organisation (a contracted service provider) for the pro-
vision by the contracted service provider of services—
(a) that, in relation to young people, are—
(i) services of either or both of the following kinds:
(A) services of the kind referred to in section 365(1)(a) (that is,
services to encourage and help young people to move into
or remain in education, training, and employment, rather
than receiving financial support under this Act):
(B) services in relation to financial support for young people;
and
(ii) services of a kind or description stated for the purposes of this
paragraph by regulations made under section 418(1)(m); and
(b) that, in relation to people other than young people, are services in rela-
tion to all or any of Parts 1 to 6 (and that may, but need not, be services
of a kind or description stated for the purposes of this paragraph by regu-
lations made under section 418(1)(m)).

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2018 No 32 Social Security Act 2018 Part 6 s 376

(2) MSD must not enter into a contract with a person, body, or organisation for the
provision of services of a kind stated in subsection (1) unless MSD is satisfied
that the person, body, or organisation—
(a) is suitable to provide the services specified in the contract; and
(b) is suitable to work with people to whom the services relate in providing
those services; and
(c) has the powers and capacity to enter into and perform a contract for
those services.
Compare: 1964 No 136 s 125A

374 Administration service providers: contents and form of contracts

(1) A contract under section 373—
(a) must set out the responsibilities of the contracted service provider and
MSD in respect of each of the services the provider is to provide under
the contract; and
(b) must require the provider to co-operate with MSD; and
(c) must contain all terms and conditions (if any) stated for the purposes of
that section by regulations made under section 418(1)(n).
(2) The contract must be in writing.
(3) Subsection (1) is subject to section 373.
Compare: 1964 No 136 s 125B

375 Administration service providers: adoption of existing contracts

(1) This section applies to a contract that MSD entered into with another party
before 27 July 2012 (which is the date on which section 21 of the Social Secur-
ity (Youth Support and Work Focus) Amendment Act 2012 came into force).
(2) MSD may agree in writing with the other party to the contract that this Act
applies to the contract (to the extent that it was capable of being entered into
under section 373) as if it had been entered into under section 373.
(3) After an agreement under this section takes effect, this Act applies to the con-
tract (to the extent that it was capable of being entered into under section 373)
as if it had been entered into under section 373.
Compare: 1964 No 136 s 125E

376 Administration service providers: MSD to ensure information published

MSD must, not later than 1 October in every year, ensure there is published the
following information:
(a) a general description of—
(i) the services provided by contracted service providers during the
year ending on 30 June in that year; and

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Part 6 s 377 Social Security Act 2018 2018 No 32

(ii) the contracted service providers; and

(b) details of the providers concerned.
Compare: 1964 No 136 s 125F

377 Conduct of provider of services in relation to young people to be treated

for specified purposes as if MSD’s conduct
Action or inaction by a contracted service provider contracted under section
373(1)(a) to provide services in relation to young people, and that is action or
inaction in respect of the provision of those services, must be treated for the
purposes of the following provisions as if it were action or inaction by MSD:
(a) section 113 (beneficiary must notify change of circumstances):
(b) sections 317 and 318 (Minister may consent to backdating):
(c) any provisions about debts caused wholly or partly by errors to which
debtors did not intentionally contribute, and in regulations made under
section 444.
Compare: 1964 No 136 s 125G

378 MSD may assign contracted service provider to young person

MSD may assign a contracted service provider to a young person—
(a) at a time—
(i) after the young person has contacted MSD for financial assist-
ance; and
(ii) at which MSD considers the most appropriate financial assistance
for the young person is likely to be a youth support payment; or
(b) at the time, or at a time after, the youth support payment is payable to the
young person; or
(c) at a time when the young person is the spouse or partner of a specified
beneficiary, or of a beneficiary, and has obligations under—
(i) section 166 (young person aged 16 or 17 years with no dependent
child and who is spouse or partner of specified beneficiary); or
(ii) section 167 (young person aged 16 to 19 years with dependent
child and who is spouse or partner of beneficiary).
Compare: 1964 No 136 s 181

Medical services
379 Minister determines rates and conditions of employment and payment
The following matters are to be at rates, and subject to conditions, determined
by the Minister:
(a) the employment for the purposes of this Act of prescribed health practi-
tioners—

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2018 No 32 Social Security Act 2018 Part 6 s 380

(i) paid only by fees or commission; or

(ii) engaged for a specified period under a contract for services:
(b) the payment of those fees (including mileage allowances in connection
with that employment).
Compare: SR 2007/229 r 8

Subpart 7—Reciprocity agreements with other countries

Orders
380 Orders adopting reciprocity agreements
(1) The purpose of this section is to enable effect to be given in New Zealand law
to an agreement (for example, a Convention), or an alteration to an agreement,
with the Government of another country providing for reciprocity in respect of
matters relating to social security monetary benefits (a reciprocity agree-
ment).
(2) The Governor-General may, by Order in Council, do all or any of the follow-
ing:
(a) declare all or any provisions of, or of an alteration to, a reciprocity
agreement (being provisions set out in a schedule of the order) have
force and effect so far as they relate to New Zealand:
(b) declare that the following enactments (and any regulations or orders
made, and in force, under the following Acts) have effect subject to any
modifications required for the purpose of giving effect to the agreement
or alteration:
(i) this Act:
(ii) Part 6 of the Veterans’ Support Act 2014:
(iii) Part 1 of the New Zealand Superannuation and Retirement
Income Act 2001:
(c) revoke a previous order that applied in respect of, or in respect of an
alteration to, a reciprocity agreement if the agreement or alteration is no
longer in force or if, on the commencement of the order, the previous
order is intended to be no longer in force.
(3) The Governor-General may, by the same or a later Order in Council, specify
the date on which an order made under subsection (2) is to come into force
(which may be a date before, on, or after, the date on which the order is made
under subsection (2)).
(4) This section is subject to section 381.
Compare: 1990 No 26 s 19(1), (2)

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Part 6 s 381 Social Security Act 2018 2018 No 32

381 Privacy report for orders adopting agreements with mutual assistance
provisions
(1) This section applies to a reciprocity agreement, or an alteration to a reciprocity
agreement, that contains a mutual assistance provision—
(a) for the Governments of New Zealand and the other country to—
(i) provide each other with assistance in the recovery of social secur-
ity debts; or
(ii) supply each other with information for social security purposes;
and
(b) that does not relate solely to the recovery of moneys paid under the
agreement in excess of that to which the recipient was entitled under that
agreement.
(2) No order may be made under section 380 in respect of the agreement or altera-
tion unless the Privacy Commissioner has first presented to the Minister and to
the Minister of Justice a report on the following matters:
(a) whether the mutual assistance provision complies with the privacy prin-
ciples set out in the Privacy Act 1993, having regard to the matters set
out in paragraphs (a) to (f) of section 98 of that Act:
(b) if the mutual assistance provision is one for the Governments of New
Zealand and the other country to supply each other with information for
social security purposes, the adequacy of the privacy protection given in
the other country to information about any individual that may be sup-
plied by New Zealand under the provision.
Compare: 1990 No 26 s 19(2A), (2B)

382 Interpretation
In this subpart,—
competent institution means an institution of a party that is responsible for the
application of the reciprocity agreement
party means a Government that has entered into a reciprocity agreement
reciprocity agreement means an agreement (for example, a Convention), or an
alteration to an agreement, with the Government of another country providing
for reciprocity in respect of matters relating to social security monetary bene-
fits
requested institution means the competent institution of a party to which a
request is made by the competent institution of the other party
requesting institution means the competent institution of a party that makes a
request to the competent institution of the other party

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2018 No 32 Social Security Act 2018 Part 6 s 384

social security debt,—

(a) in relation to New Zealand, means an amount that is subject to recovery
from a person under regulations made under section 444; and
(b) in relation to any other country, means an amount that may be recovered
from a person—
(i) under the laws relating to social security in that country; or
(ii) for taxation or other contribution levied specifically for social
security under the laws of that country
social security laws, in relation to a party, means the laws of that party—
(a) relating to social security; or
(b) relating to taxation, or any other contribution, levied specifically for
social security
social security purposes include all or any of the following purposes:
(a) the administration of the social security laws of a party:
(b) the collection of the social security debts of a party:
(c) the maintenance of the social security laws of a party (for example, the
prevention, detection, prosecution, and punishment of offences under the
social security laws of a party):
(d) the enforcement of any social security laws of a party imposing a pecu-
niary penalty:
(e) the conduct of any proceedings under the social security laws of a party
before any court or tribunal.
Compare: 1990 No 26 ss 2(1), 19A(1), 19D(7)

Agreements
383 Inclusion of mutual assistance provisions in reciprocity agreements
Reciprocity agreements with other countries may contain and include mutual
assistance provisions if those provisions being contained and included in those
agreements are not inconsistent with regulations made under section 450.
Compare: 1990 No 26 ss 2(1), 19A, 19B, 19C

Debt recovery and information exchange

384 MSD may use mutual assistance provisions to recover debts
(1) This section applies if an order is made under section 380 in respect of a reci-
procity agreement that contains a provision for the Governments of New Zea-
land and the other country to provide each other with assistance in the recovery
of social security debts.
(2) A social security debt of the other country may, under and subject to the provi-
sion and to the extent that the debt has not been recovered in the other country,

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Part 6 s 385 Social Security Act 2018 2018 No 32

be recovered by MSD under regulations made under section 444 as if it were a

debt due to the Crown.
(3) A certificate signed by an authorised officer of the competent institution of the
other country and to the effect that the debt is of a kind that New Zealand may
under the agreement provide assistance to recover is, in the absence of proof to
the contrary, sufficient evidence for the purposes of subsection (2) of the exis-
tence of the debt.
(4) Any amount recovered under subsection (2) is trust money for the purposes of
the Public Finance Act 1989.
Compare: 1990 No 26 s 19D(1), (2)

385 MSD may use mutual assistance provisions to exchange information

(1) This section applies if an order is made under section 380 in respect of a reci-
procity agreement that contains a provision for the Governments of New Zea-
land and the other country to supply each other with information for social
security purposes.
(2) MSD may supply any information in MSD’s possession about a person to, or
receive information about a person from, the competent institution of the other
country under, and subject to, the provision.
(3) MSD may from time to time, in accordance with arrangements made in an
agreement with the Commissioner of Inland Revenue, supply any information
received from the competent institution of the other country to the Commis-
sioner for either or both of the following purposes:
(a) making an assessment of the tax due by any person under the taxation
laws of the requesting party (which, in this subsection, means the party
to whom information is supplied by the requested institution of the other
party):
(b) detecting tax fraud or tax evasion under the laws of the requesting party:
(4) Sections 100 to 102 and 104 to 106 of the Privacy Act 1993 apply in respect of
the provision as if the provision were an authorised information matching pro-
gramme and MSD were the only specified agency involved in that programme.
Compare: 1990 No 26 s 19D(3)(a), (b), (e)

Adverse action arising from discrepancy

386 Adverse action against individual if discrepancy shown by information
from other country
(1) This section applies if information received by MSD from the competent insti-
tution of the other country under a mutual assistance provision for information
exchange has produced a discrepancy, and as a result MSD proposes to take an
adverse action against an individual.

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2018 No 32 Social Security Act 2018 Part 6 s 388

(2) In this section, expressions defined in section 97 of the Privacy Act 1993 have
the meanings so defined, with all necessary modifications.
(3) The processes to be followed (if MSD proposes, as a result of the discrepancy,
to take an adverse action against the individual) are set out in regulations made
under section 450.
Compare: 1990 No 26 s 19D(3)(c), (d), (4), (4A), (4B), (4C), (5), (6), (7)

Subpart 8—Prosecutions and debt-recovery proceedings, and

maintenance proceedings
387 Prosecutions and debt recovery proceedings: representation and fees
(1) This subsection applies to proceedings in respect of—
(a) offences under this Act or under regulations made under this Act; or
(b) recovery, required by regulations made under section 444, of a debt due
to the Crown.
(2) In any proceedings to which subsection (1) applies,—
(a) any MSD employee authorised either generally or specifically by MSD
for the purpose may appear on behalf of MSD; and
(b) the fact that an MSD employee appears on behalf of MSD is sufficient
evidence of the MSD employee’s authority to do so.
(3) Any proceedings to which subsection (1) applies that are commenced by an
authorised MSD employee may be continued by the same or any other author-
ised MSD employee.
(4) No court fees are payable in connection with any proceedings to which subsec-
tion (1) applies.
Compare: SR 2007/229 r 9

388 Payment of benefit does not affect right to maintenance

Any entitlement to, or payment of, a benefit under this Act, does not—
(a) take away, or restrict, a person’s liability under an Act (for example, the
Family Proceedings Act 1980, or the Child Support Act 1991) to main-
tain or support any other person; or
(b) affect a court’s power to make a maintenance order under any Act; or
(c) affect the Commissioner of Inland Revenue’s power under the Child
Support Act 1991 to make an assessment of child support or domestic
maintenance, or to accept a voluntary agreement; or
(d) affect a court’s power to make an order under the Child Support Act
1991.
Compare: 1964 No 136 s 84A

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Part 6 s 389 Social Security Act 2018 2018 No 32

389 Maintenance proceedings

(1) This section applies to proceedings under the Family Proceedings Act 1980 or
the Child Support Act 1991 for, or relating to, all or any of the following dur-
ing all or any part of a period in which a benefit is payable to a beneficiary:
(a) the maintenance of the beneficiary; or
(b) the payment of child support for a child of the beneficiary; or
(c) the establishment of the paternity of a child of the beneficiary.
(2) An MSD employee may, without special appointment, as if that employee were
the beneficiary, institute the proceedings, or appear personally or by agent in
the proceedings.
(3) The proceedings under the Family Proceedings Act 1980 for, or relating to, the
maintenance of the beneficiary during all or any part of a period in which a
benefit is payable to the beneficiary may, without limitation, be proceedings
under section 61CA of the Social Security Act 1964 (Family Proceedings Act
1980 maintenance payable to the Crown) (as that section is saved by clause 49
of Schedule 1).
(4) This section does not limit section 202 (factors affecting benefit: maintenance
claim).
Compare: 1964 No 136 s 61C

Part 7
Reviews and appeals
Contents
Page
Subpart 1—Guide to this Part
390 What this Part does 202
Subpart 2—Reviews by benefits review committee
Rights of review
391 Right to seek review of specified decision of MSD made under 202
delegation
392 Application must be made within 3 months after date of 204
notification or further period allowed
Committee
393 Benefits review committee 205
Procedure
394 How to begin, and procedure and powers for, review by benefits 205
review committee

200
2018 No 32 Social Security Act 2018 Part 6 s 389

Subpart 3—Appeals to appeal authority

Restrictions on appeals
395 Appeals only against decision confirmed or varied by benefits 206
review committee or made by chief executive personally
396 Authority cannot hear and determine certain appeals on medical or 206
capacity grounds
Rights of appeal
397 Decision under specified social assistance enactments 206
398 Decision under reciprocity agreements 207
399 Decision to recover excess amount 207
400 Appeal must be begun within 3 months of notification or further 209
allowed period
Appeal authority
401 Social security appeal authority 210
402 Act does not affect appeals to authority under other enactments 210
Procedure
403 How to begin, and procedure and powers for, appeal to authority 211
404 Notice, and carrying into effect, of decision 211
Subpart 4—Appeals to courts
Appeals to High Court
405 Right of appeal using case stated on question of law only 211
406 Appeal must be begun, and case stated lodged, within time 212
prescribed or allowed
407 How to begin, and procedure for, appeal to High Court 213
408 Orders, etc, on successful appeal 213
Appeals to Court of Appeal
409 Appeal, with Court of Appeal’s leave, against 213
High Court’s determination
Appeals to Supreme Court
410 Appeal, with Supreme Court’s leave, against High Court’s or Court 213
of Appeal’s determination
Subpart 5—Appeals to medical board
Right of appeal
411 Right of appeal on medical grounds 214
412 Appeal must be begun within 3 months of notification or further 216
allowed period
Board
413 Board 216

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Part 7 s 390 Social Security Act 2018 2018 No 32

Procedure
414 How to apply, and procedure and powers, for appeal to board 216
415 Notice of, and carrying into effect, board’s decision 217

Subpart 1—Guide to this Part

390 What this Part does
This Part contains provisions on the following reviews and appeals:
Reviews by benefits review committee
(a) reviews by a benefits review committee, begun by a specified applicant,
of a specified decision of MSD made under a delegation:
Appeals to appeal authority
(b) appeals to the appeal authority, begun by a specified appellant, against a
specified decision confirmed or varied by a benefits review committee or
made by the chief executive personally:
Appeals to courts
(c) appeals to the High Court, using a case stated by the appeal authority on
a question of law only, begun by a specified appellant, against a deter-
mination by the authority:
(d) appeals to the Court of Appeal, begun by a party to an appeal to the High
Court, and with the Court of Appeal’s leave, against the determination of
an appeal to the High Court:
(e) appeals to the Supreme Court, begun by an application under the Senior
Courts Act 2016 for its leave to appeal to it, against the determination of
an appeal to the High Court or to the Court of Appeal:
Appeals to medical board
(f) appeals to the medical board, begun by a specified appellant, against a
specified decision of MSD made on, or involving, medical or capacity
grounds.

Subpart 2—Reviews by benefits review committee

Rights of review
391 Right to seek review of specified decision of MSD made under delegation
(1) A person may make an application to MSD for a review by a benefits review
committee of a decision of MSD, but only if—
(a) the person and the decision are of kinds specified in the same row of the
following table; and

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2018 No 32 Social Security Act 2018 Part 7 s 391

(b) the decision is made in the exercise of a function, power, or discretion

conferred by a delegation; and
(c) the decision is made in relation to the person or estate; and
(d) the decision is not one that section 340(3)(b), 343(b), 371(b), or 396 pre-
vents from being appealed to the appeal authority (for example, because
that kind of decision is appealable to the medical board).
Person who may make
Row application for review Decision to be reviewed
Decision under specified social assistance enactment
1 An applicant or a beneficiary A decision of MSD made under an enactment
referred to in section 397(1)(a) to (g)
Decision under mutual assistance provisions in reciprocity agreement
2 An applicant or beneficiary or A decision of MSD made using a power under
other person section 384 (MSD may use mutual assistance
provisions to recover debts) (referred to in
section 398)
Decision to recover from spouse or partner who misleads MSD excess amount beneficiary
obtained
3 A beneficiary’s spouse or partner A decision of MSD—
(a) to recover, from a spouse or partner who
misleads MSD, an excess amount the
beneficiary obtained; and
(b) made under regulations made under
section 444 (referred to in section
399(1)); and
(c) that includes the decisions in row 1 of
the table in section 399(1)
Decision to recover from spouse or partner apportioned excess amount beneficiary obtained by
fraud
4 A beneficiary’s spouse or partner A decision of MSD—
(a) to recover from a spouse or partner an
apportioned excess amount the
beneficiary obtained by fraud; and
(b) made under regulations made under
section 444 (referred to in section
399(1)); and
(c) that includes the decisions in row 2 of
the table in section 399(1)
Decision to recover from spouse or partner unapportioned excess amount beneficiary obtained
by fraud
5 A beneficiary’s spouse or partner A decision of MSD—
(a) to recover from a spouse or partner an
unapportioned excess amount the
beneficiary obtained by fraud; and
(b) made under regulations made under
section 444 (referred to in section
399(1)); and
(c) that includes the decision in row 3 of the
table in section 399(1)

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Part 7 s 392 Social Security Act 2018 2018 No 32

Person who may make

Row application for review Decision to be reviewed
Decision to recover excess amount from deceased beneficiary’s estate
6 The personal representative of a A decision of MSD—
deceased beneficiary (a) to recover from the estate of the
deceased beneficiary an excess amount
the beneficiary obtained; and
(b) made under regulations made under
section 444 (referred to in row 4 of the
table in section 399(1))
Decision to recover excess amount from deceased spouse’s or partner’s estate
7 The personal representative of a A decision of MSD—
beneficiary’s deceased spouse or (a) to recover from the estate of the
partner beneficiary’s deceased spouse or partner
an excess amount the beneficiary
obtained; and
(b) made under regulations made under
section 444 (referred to in section
399(1)); and
(c) that includes the decision in row 5 of the
table in section 399(1)

(2) For the purposes of subsection (1)(c), a decision is not made in relation to a
person or an estate by reason only that the decision has an economic or other
effect on the person or estate.
Compare: 1964 No 136 s 10A(1), (1A)

392 Application must be made within 3 months after date of notification or

further period allowed
(1) The application for review must be made within—
(a) 3 months after the date of receiving notification of the decision; or
(b) a further period the committee has under this section allowed.
(2) An applicant for review is treated as receiving notification of the decision in
line with regulations made under section 449 if—
(a) a decision is made in respect of which an application for review lies to
the committee; and
(b) notice of the decision is given to the applicant in a way prescribed by
those regulations; and
(c) the notice is (in the absence of evidence to the contrary) taken to have
been received by the applicant as provided by those regulations.
(3) The committee may allow a further period within which the application must
be made if—
(a) the application is not to be, or has not been, made within that 3-month
period; and

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2018 No 32 Social Security Act 2018 Part 7 s 394

(b) the committee is asked, before or after the end of that 3-month period, to
allow a further period; and
(c) the committee considers there is good and sufficient reason for the delay.
Compare: 1964 No 136 ss 10A(1B), 12K(11)

Committee
393 Benefits review committee
(1) Every benefits review committee is established, and operates, in accordance
with Schedule 7.
(2) MSD must refer an application made under section 391 to the appropriate
benefits review committee.
(3) In determining what benefits review committee is the appropriate benefits
review committee, MSD must have regard to—
(a) the location of the MSD office in which was made the decision of MSD
that is the subject of the application; and
(b) the location of the applicant’s usual or last known place of residence;
and
(c) how the applicant can conveniently, and at minimum expense, attend in
person, or otherwise take part in, a review hearing.
(4) The appropriate benefits review committee may be the benefits review commit-
tee of an MSD office other than the MSD office in which was made the deci-
sion of MSD that is the subject of the application.
Example
The decision of MSD that is the subject of the application was made in the MSD
office at a location. Afterwards, the applicant moves away from that location. The
benefits review committee of the MSD office of a location nearer to the applicant’s
new usual place of residence is appropriate because it enables the applicant con-
veniently, and at minimum expense, to attend in person, or otherwise take part in,
a review hearing.
Compare: 1964 No 136 s 10A(2)

Procedure
394 How to begin, and procedure and powers for, review by benefits review
committee
Regulations made under section 451 provide for the following matters:
(a) how to begin, and the procedure on, a review:
(b) the benefits review committee’s power to deal with (for example, con-
firm, vary, revoke, or refer back for reconsideration) the decision
reviewed:

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Part 7 s 395 Social Security Act 2018 2018 No 32

(c) related matters specified in that section.

Compare: 1964 No 136 ss 10A(1A), (1B), (8), (9), 12K(11)

Subpart 3—Appeals to appeal authority

Restrictions on appeals
395 Appeals only against decision confirmed or varied by benefits review
committee or made by chief executive personally
No decision can be appealed against under section 397, 398, or 399 unless the
decision—
(a) has been confirmed or varied by a benefits review committee; or
(b) was made by the chief executive personally (not under a delegation of
the chief executive’s functions or powers).
Compare: 1964 No 136 s 12J(16)

396 Authority cannot hear and determine certain appeals on medical or

capacity grounds
(1) The appeal authority must not, despite sections 397, 398, and 399, hear and
determine any appeal on medical grounds, grounds relating to incapacity, or
grounds relating to capacity for work, against any decision of MSD in respect
of—
(a) jobseeker support on the ground of health condition, injury, or disability;
or
(b) a supported living payment on the ground of restricted work capacity or
total blindness (see rows 11 and 12 of the table in section 411); or
(c) a child disability allowance under section 78; or
(d) a veteran’s pension under section 164 of the Veterans’ Support Act 2014.
(2) No appeal lies under section 397(1)(a) against—
(a) a decision under section 155 against which an appeal lies under row 7
or 8 of the table in section 411 to the medical board; or
(b) a decision under section 250(1)(a) against which an appeal lies under
row 10 of the table in section 411 to the medical board.
Compare: 1964 No 136 s 12J(2), (3), (17)

Rights of appeal
397 Decision under specified social assistance enactments
(1) An applicant or beneficiary may appeal to the appeal authority against any
decision or determination of MSD made in relation to the applicant or benefi-
ciary under—

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2018 No 32 Social Security Act 2018 Part 7 s 399

(a) any provisions of (or of any regulations made for the purposes of any
provisions of) Parts 1 to 6 and Schedules 1 to 5; or
(b) a special assistance programme approved by the Minister under section
100 or 101; or
(c) any regulations in force under section 437 (regulations: issue and use of
entitlement cards);
(d) any provisions of, or of regulations made under, the Residential Care and
Disability Support Services Act 2018; or
(e) Part 6 of the Veterans’ Support Act 2014, subject to section 175(2) of
that Act; or
(f) Part 1 of the New Zealand Superannuation and Retirement Income Act
2001; or
(g) the Family Benefits (Home Ownership) Act 1964.
(2) Subsection (1)(d) applies to a person in relation to whom a decision is made
under any provisions of, or of regulations made under, the Residential Care and
Disability Support Services Act 2018, as if the person were a beneficiary.
(3) For the purposes of subsection (1), a decision or determination is not made in
relation to an applicant or a beneficiary by reason only that the decision or
determination has an economic or other effect on the applicant or beneficiary.
(4) This section is subject to provisions to the contrary in this Act (for example,
sections 340(3)(b), 343(b), and 371(b)).
Compare: 1964 No 136 s 12J(1), (4), (5)

398 Decision under reciprocity agreements

An applicant or beneficiary or other person may appeal to the appeal authority
against a decision that was made in relation to that person by MSD under the
power conferred by section 384 (MSD may use mutual assistance provisions to
recover debts).
Compare: 1964 No 136 s 12J(7)

399 Decision to recover excess amount

(1) A person specified in a row of the following table may appeal to the appeal
authority against a decision that is—
(a) of the kind specified in that row; and
(b) made in relation to the person or estate.
Row Person who may appeal Decision of MSD that may be appealed
Decision to recover from spouse or partner who misleads MSD excess amount beneficiary
obtained
1 A beneficiary’s (B’s) spouse or A decision of MSD—
partner (S) (a) to recover from S an amount in excess
of the amount to which B was by law
entitled; and

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Part 7 s 399 Social Security Act 2018 2018 No 32

Row Person who may appeal Decision of MSD that may be appealed
(b) made under regulations made under
section 444; and
(c) that includes the decision that, in MSD’s
opinion, S has made a false statement to
or otherwise misled MSD, in relation to
any matter; and
(d) that includes the decision that, as a
result of S making a false statement to
or otherwise misleading MSD, the
benefit or an instalment of benefit was
paid in excess of the amount to which B
was by law entitled; and
(e) that is not a decision or determination of
MSD that relates only to the temporary
deferral, rate, or method or methods of
debt recovery from B
Decision to recover from spouse or partner apportioned excess amount beneficiary obtained by
fraud
2 A beneficiary’s (B’s) spouse or A decision of MSD—
partner (S) (a) to recover from B an amount in excess
of the amount to which S was by law
entitled; and
(b) made under regulations made under
section 444; and
(c) that includes the decision that all or part
of proportion B (as referred to in
regulations made under section 444) is
an amount in excess of the amount to
which B is by law entitled or to which B
has no entitlement, and an amount
obtained by fraud by B; and
(d) that includes the decision that S either
knew, or ought to have known (even if S
did not know), of the fraud by B; and
(e) that is not a decision or determination of
MSD that relates only to the temporary
deferral, rate, or method or methods of
debt recovery from B
Decision to recover from spouse or partner unapportioned excess amount beneficiary obtained
by fraud
3 A beneficiary’s (B’s) spouse or A decision of MSD—
partner (S) (a) to recover from S an unapportioned
amount in excess of the amount to
which B was by law entitled or to which
B has no entitlement; and
(b) made under regulations made under
section 444; and
(c) that, for the purposes of S’s right of
appeal under this row, includes the
decision that B obtained by fraud an
amount in excess of the amount to

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2018 No 32 Social Security Act 2018 Part 7 s 400

Row Person who may appeal Decision of MSD that may be appealed
which B was by law entitled or to which
B has no entitlement; and
(d) that is not a decision or determination of
MSD that relates only to the temporary
deferral, rate, or method or methods of
debt recovery from B
Decision to recover excess amount from deceased beneficiary’s estate
4 The personal representative of a A decision of MSD—
deceased beneficiary (B) (a) to recover from B’s estate an amount in
excess of the amount to which B was by
law entitled; and
(b) made under regulations made under
section 444
Decision to recover excess amount from deceased spouse’s or partner’s estate
5 The personal representative of a A decision of MSD—
beneficiary’s (B’s) deceased (a) to recover from S’s estate an amount in
spouse or partner (S) excess of the amount to which B was by
law entitled; and
(b) made under regulations made under
section 444; and
(c) that, for the purposes of the personal
representative’s right of appeal under
this row, includes the decision that B
was paid an amount in excess of the
amount to which B was by law entitled

(2) A reference in this section to a decision to recover an amount from a person or

estate includes (without limitation, and except as expressly provided in this
section) all related decisions on all or any of the temporary deferral, rate, or
method or methods, of debt recovery from the person or estate.
Compare: 1964 No 136 s 12J(6), (8)–(15)

400 Appeal must be begun within 3 months of notification or further allowed

period
(1) An appeal under section 397, 398, or 399 must be begun within—
(a) 3 months after the date on which the appellant receives notification of—
(i) the confirmation or variation (if the appeal is against a decision
specified in section 395(a)); or
(ii) the decision (if the appeal is against a decision specified in section
395(b)); or
(b) a further period the appeal authority has under this section allowed.
(2) An appellant is treated as receiving notification of the decision in line with
regulations made under section 449 if—
(a) a decision is made in respect of which an appeal lies to the authority; and

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Part 7 s 401 Social Security Act 2018 2018 No 32

(b) notice of the decision is given to the appellant in a way prescribed by

those regulations; and
(c) the notice is (in the absence of evidence to the contrary) taken to have
been received by the appellant as provided by those regulations.
(3) The appeal authority may allow a further period within which the appeal must
be begun if—
(a) the appeal is not to be, or has not been, begun within that 3-month
period; and
(b) an application is made to it, before or after the end of that 3-month
period, to allow a further period; and
(c) the appeal authority considers there is good and sufficient reason for the
delay.
Compare: 1964 No 136 s 12K(1)–(3), (11)

Appeal authority
401 Social security appeal authority
(1) The social security appeal authority (and every special social security appeal
authority, if any) is established and operates under Schedule 8.
(2) The appeal authority sits as a judicial authority to hear and determine appeals
under section 397, 398, or 399.
(3) In hearing and determining an appeal, the authority has all the duties, func-
tions, and powers that MSD had in respect of the same matter.
(4) Proceedings before the authority must not be held invalid for want of form.
Compare: 1964 No 136 ss 12A–12I, 12K(9), 12M(6)

402 Act does not affect appeals to authority under other enactments
This Act does not affect appeals under other enactments to the appeal authority
(or appeals in respect of determinations by the appeal authority of those
appeals), for example,—
(a) appeals under section 133, and in accordance with regulations made
under section 136, of the Housing Restructuring and Tenancy Matters
Act 1992; or
(b) appeals provided for by regulations made, or deemed to have been made,
under section 92(3)(d) of the New Zealand Public Health and Disability
Act 2000.

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2018 No 32 Social Security Act 2018 Part 7 s 405

Procedure
403 How to begin, and procedure and powers for, appeal to authority
The authority’s procedure, and the authority’s powers to deal with (for
example, confirm, vary, revoke, or refer back to MSD for reconsideration) the
decision appealed, on an appeal under this Act, are—
(a) as provided by this Act (and especially by sections 395 to 404 and
Schedule 8) and regulations made under section 451; and
(b) for matters not provided for by this Act or those regulations, as the
authority may determine.
Compare: 1964 No 136 ss 12K(10), 12M(6)

404 Notice, and carrying into effect, of decision

(1) On the determination of an appeal, the authority’s Secretary must send to the
chief executive and to the appellant a memorandum of—
(a) the authority’s determination; and
(b) the authority’s reasons for the authority’s determination.
(2) The chief executive must promptly take all necessary steps to carry into effect
the authority’s determination.
Compare: 1964 No 136 s 12P

Subpart 4—Appeals to courts

Appeals to High Court
405 Right of appeal using case stated on question of law only
A party to a proceeding before the authority may appeal to the High Court, by
way of a case stated by the authority for the court’s opinion on a question of
law only, against a determination—
(a) made by the authority in the proceeding; and
(b) that the party considers involves an error of law.
Examples
An error of law that is a mistake about the meaning or application of a provi-
sion of this Act (for example, departing from the Act’s plain words by rea-
soning using not facts but hypothetical examples, as in Chief Executive of
Ministry for Social Development v Morgan [2015] NZCA 453 at [25]).
An error of law that (in accordance with Bryson v Three Foot Six Ltd [2005]
3 NZLR 721 (SCNZ), paras [24]–[26]) is a determination that—
(a) there is no evidence to support; or
(b) is inconsistent with, and contradictory of, the evidence; or

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Part 7 s 406 Social Security Act 2018 2018 No 32

(c) contradicts the only true and reasonable conclusion of fact available
on the evidence.
Compare: 1964 No 136 s 12Q(1)

406 Appeal must be begun, and case stated lodged, within time prescribed or
allowed
(1) An appellant must begin an appeal within—
(a) 14 days after the date of the determination; or
(b) a further period the High Court, or a High Court Judge, has under sub-
section (4) allowed.
(2) The appellant’s case stated must be lodged within—
(a) 14 days after the date on which the appeal is begun; or
(b) a further period the authority’s chairperson has under subsection (3)
allowed; or
(c) a further period the High Court, or a High Court Judge, has under sub-
section (4) allowed.
(3) The authority’s chairperson may allow a further period within which the appel-
lant’s case stated must be lodged if—
(a) the appellant’s case stated is not to be, or has not been, lodged within
that 14-day period; and
(b) the chairperson is asked, before or after the end of that 14-day period, to
allow a further period; and
(c) the chairperson considers there is good and sufficient reason for the
delay.
(4) The High Court or a High Court Judge may allow a period further to one pre-
scribed or allowed under subsection (1)(a) or (b) or subsection (2)(a), (b), or (c)
if—
(a) the appellant’s appeal or case stated is not to be, or has not been, begun
or lodged within that prescribed or allowed period; and
(b) the appellant makes an application to the court or Judge, before or after
the end of that prescribed or allowed period, to allow a further period;
and
(c) the court or Judge considers there is good and sufficient reason for the
delay.
(5) The authority’s chairperson may certify that an appeal has not been prosecuted
by an appellant if the appellant’s case stated has not been lodged within the
period prescribed, or within a further period allowed, under subsection (2)(a),
(b), or (c).
Compare: 1964 No 136 s 12Q(3), (4), (8), (9)

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2018 No 32 Social Security Act 2018 Part 7 s 410

407 How to begin, and procedure for, appeal to High Court

(1) Regulations made under section 451 provide for—
(a) how to begin, and the procedure on, an appeal:
(b) related matters specified in that section.
(2) The appeal is, subject to regulations made under section 451, dealt with under
rules of court.
Compare: 1908 No 89 Schedule 2 r 21.14; 1964 No 136 ss 12I(2), 12K, 12L, 12M, 12O, 12OA,
12Q(3), (4), (6), (7), (8), (9), (10), 12R; 2011 No 81 s 306

408 Orders, etc, on successful appeal

(1) This section applies if the High Court allows the appeal.
(2) The High Court may exercise any power that the authority could have exer-
cised under section 403 if it had allowed the appeal.
(3) This section does not affect rules of court relating to the court’s powers to deal
with (for example, confirm, vary, revoke, or refer back for reconsideration) the
decision appealed.
Compare: 1964 No 136 s 12Q(10); 2011 No 81 s 307

Appeals to Court of Appeal

409 Appeal, with Court of Appeal’s leave, against High Court’s determination
(1) This section applies to a determination of the High Court made in a proceeding
that is an appeal under section 405.
(2) Subpart 8 (appeals on a question of law) of Part 6 (appeals) of the Criminal
Procedure Act 2011 applies to the determination—
(a) as far as applicable with the necessary modifications; and
(b) as if the determination had been made under section 300 (first appeal
court to determine appeal) of that Act (for example, so that the applic-
able right of appeal is stated in section 303 of that Act (right of appeal
against determination of first appeal court)).
Compare: 1964 No 136 s 12R

Appeals to Supreme Court

410 Appeal, with Supreme Court’s leave, against High Court’s or Court of
Appeal’s determination
(1) This section applies to a determination that is—
(a) a determination of the High Court made in a proceeding that is an appeal
under section 405; or
(b) a determination of the Court of Appeal made in a proceeding that is an
appeal under section 409.

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Part 7 s 411 Social Security Act 2018 2018 No 32

(2) Any party to the proceeding specified in subsection (1)(a) or (b) may apply, in
accordance with the Senior Courts Act 2016, to the Supreme Court for leave to
appeal against the determination.
(3) This section is by way of explanation only.
Compare: 1964 No 136 s 12S

Subpart 5—Appeals to medical board

Right of appeal
411 Right of appeal on medical grounds
Any applicant or beneficiary may appeal to the medical board against a deci-
sion of MSD that is—
(a) made in relation to the applicant or beneficiary; and
(b) of a kind specified in a row of the following table.
Row Assistance or obligations Decision to be appealed
1 Any benefit Determination—
(a) made in reliance on a work ability
assessment by a health practitioner
under section 118 (work ability
assessment); and
(b) whether the person assessed is entitled
to a benefit and, if so, what kind of
benefit
2 Jobseeker support—on the ground Decision that a claim for this benefit is declined,
of health condition, injury, or or that this benefit is cancelled, in either case on
disability medical grounds or on grounds relating to a
person’s capacity for work
3 Jobseeker support—on the ground Determination under section 141(1) that a
of health condition, injury, or beneficiary has, while receiving this benefit, the
disability capacity to seek, undertake, and be available for
part-time work, and so is required to comply
with the work test on and after a date specified
in a notice given under section 141(4)
4 Jobseeker support—on the ground Decision to confirm, amend, revoke, or replace
of health condition, injury, or under section 141(6) a determination, and that
disability results in a determination under section 141(1)
that a beneficiary has, while receiving this
benefit, the capacity to seek, undertake, and be
available for part-time work, and so is required
to comply with the work test on and after a date
specified in a notice given under section 141(4)
5 Jobseeker support—on the ground Determination—
of health condition, injury, or (a) made in reliance on a work ability
disability assessment by a health practitioner
under section 118 (work ability
assessment); and
(b) whether the person assessed, being a
person receiving this benefit, has for the

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2018 No 32 Social Security Act 2018 Part 7 s 411

Row Assistance or obligations Decision to be appealed

purposes of section 141(1) the capacity
to seek, undertake, and be available for
part-time work (see also section 155)
6 Jobseeker support—except on the Determination—
ground of health condition, injury, (a) made in reliance on a work ability
or disability assessment by a health practitioner
under section 118 (work ability
assessment); and
(b) whether the person assessed, being a
person receiving this benefit, is entitled
on an application or on MSD’s own
initiative, to deferral of work-test
obligations under section 155
7 Jobseeker support—except on the Decision to decline under section 155 on
ground of health condition, injury, medical grounds an application—
or disability (a) made by a beneficiary granted this
benefit; and
(b) made under section 155; and
(c) for deferral of all or any of the
beneficiary’s work-test obligations
8 Jobseeker support—on any ground Decision on medical grounds under section 155
to revoke a deferral granted under section 155 of
all or any of the beneficiary’s work-test
obligations
9 Work-test obligations or work- Determination—
preparation obligations (a) made in reliance on a work ability
assessment by a health practitioner
under section 118 (work ability
assessment); and
(b) whether the person assessed, being a
person who is subject to work-test
obligations or work-preparation
obligations, has the capacity to meet
those obligations
10 Drug-testing obligation Decision under section 250(1)(a) to the effect
that a beneficiary does not have a good and
sufficient reason, on the ground that the
beneficiary is addicted to, or dependent on,
controlled drugs, for either or both—
(a) not complying with a drug-testing
obligation:
(b) failing to apply for suitable employment
that requires candidates to undertake
drug tests
11 Supported living payment—on the Decision that a claim for this benefit is declined,
ground of restricted work capacity or that this benefit is cancelled, in either case on
or total blindness medical grounds
12 Supported living payment—on the Decision under section 123(1)(a) that a person
ground of restricted work capacity receiving this benefit has the capacity to comply
or total blindness with obligations under section 125

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Part 7 s 412 Social Security Act 2018 2018 No 32

Row Assistance or obligations Decision to be appealed

13 Child disability allowance Decision that a claim for this benefit is declined,
or that this benefit is cancelled, in either case on
the ground that the child is not a child with a
serious disability (as defined in section 79)
14 Veteran’s pension under section Decision to decline a claim for, or to cancel, this
164 of the Veterans’ Support benefit, in either case on the ground of the
Act 2014 applicant’s or beneficiary’s mental or physical
infirmity
Compare: 1964 No 136 s 10B(1)

412 Appeal must be begun within 3 months of notification or further allowed

period
(1) An appeal to the medical board under section 411 must be begun within—
(a) 3 months after the date on which the applicant receives notification of
the decision; or
(b) a further period the board has under this section allowed.
(2) An appellant is treated as receiving notification of the decision in line with
regulations made under section 449 if—
(a) a decision is made in respect of which an appeal lies to the board; and
(b) notice of the decision is given to the appellant in a way prescribed by
those regulations; and
(c) the notice is (in the absence of evidence to the contrary) taken to have
been received by the appellant as provided by those regulations.
(3) The board may allow a further period within which the appeal may be begun
if—
(a) the appeal is not to be, or has not been, begun within that 3-month
period; and
(b) an application is made to it, either before or after the end of that 3-month
period, to allow a further period; and
(c) the board considers there is good and sufficient reason for the delay.
Compare: 1964 No 136 s 10B(2)

Board
413 Board
The board is established and operates under Schedule 9.
Compare: 1964 No 136 s 10B(4)

Procedure
414 How to apply, and procedure and powers, for appeal to board
Regulations made under section 451 provide for—

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2018 No 32 Social Security Act 2018 Part 7 s 415

(a) how to apply for, and the procedure on, an appeal; and
(b) the board’s powers to deal with (for example, confirm, vary, revoke, or
refer back to MSD for reconsideration) the decision appealed:
(c) related matters specified in that section.
Compare: 1964 No 136 s 10B(2)

415 Notice of, and carrying into effect, board’s decision

(1) On the determination of an appeal under section 411, the Board must send to
the chief executive and to the appellant a memorandum of—
(a) the board’s decision; and
(b) the board’s reasons for the board’s decision.
(2) The chief executive is bound by the board’s decision.
Compare: 1964 No 136 s 10B(3)

Part 8
Other provisions
Contents
Page
Guide to this Part
416 What this Part does 219
Benefits to be inalienable
417 Benefits cannot, in general, be assigned or charged, or pass by 219
operation of law
Regulations
418 Regulations: general 219
419 Regulations: general powers not limited by special powers 221
420 Regulations: effect of duties or powers to give directions 221
421 Regulations: residential requirement 221
422 Regulations: income exemptions 221
423 Regulations: accommodation supplement 222
424 Regulations: childcare assistance 222
425 Regulations: disability allowance: special categories of eligibility 224
426 Regulations: use of disability allowance to fund specified expenses 224
427 Regulations: funeral grants: amounts and methods of payment 225
428 Regulations: temporary additional support 226
429 Regulations: participation allowance for people participating in 227
activities
430 Regulations: specific obligations: obligations in relation to 227
dependent children: definitions and attendance

217
Part 7 s 415 Social Security Act 2018 2018 No 32

431 Regulations: specific obligations: work-test obligations, and 228

deferrals of, or exemptions from, specified obligations
432 Regulations: factors affecting benefits: pre-benefit activities 230
433 Regulations: factors affecting benefits: insurance recovery 231
434 Regulations: factors affecting benefits: overseas pensions 231
435 Regulations: factors affecting benefits: issue of warrant to arrest 233
beneficiary
436 Regulations: factors affecting benefits: absence from New Zealand 233
437 Regulations: issue and use of entitlement cards 234
438 Regulations: application for benefit: making of, help with, lapse, 236
and deemed receipt
439 Regulations: certain benefits granted, or granted at rate, not taking 237
into account certain insurance payments
440 Regulations: exemptions from, and calculation of, stand down 237
441 Regulations: expiry and regrant of specified benefits 238
442 Regulations: payments 239
443 Regulations: payments during epidemic in New Zealand 240
444 Regulations: debts and deductions 241
445 Regulations: further provisions on deductions 242
446 Regulations: advance payment of instalments of benefit 244
447 Regulations: budgeting activities due to application for advance 244
payment of instalments of benefit
448 Regulations: remittance or suspension of debt 244
449 Regulations: ways MSD or person can meet requirement to give 245
notice or other document
450 Regulations: reciprocity agreements with mutual assistance 245
provisions, and adverse action if discrepancy shown by
information from other country
451 Regulations: how to begin, and procedure and powers for, review 246
or appeal
Orders adjusting rates of benefits, etc
452 Orders in Council: discretionary increases in rates of benefits, etc 247
453 Orders in Council: mandatory annual CPI adjustment of rates of 249
certain benefits
Confirmable instruments
454 Certain orders are confirmable instruments 250
Repeals and revocations
455 Social Security Act 1964 repealed 250
456 Social Welfare (Reciprocity Agreements, and New Zealand 251
Artificial Limb Service) Act 1990 repealed
457 Department of Social Welfare Act 1971 repealed 251
458 Employment Services and Income Support (Integrated 251
Administration) Act 1998 repealed

218
2018 No 32 Social Security Act 2018 Part 8 s 418

Consequential amendments
459 Other enactments amended consequentially 251

Guide to this Part

416 What this Part does
This Part contains provisions on the following matters:
(a) benefits being, in general, inalienable (unable to be assigned or charged,
or to pass by operation of law):
(b) powers to make regulations:
(c) powers to make orders adjusting rates of benefits, etc:
(d) confirmable instruments (which are revoked, or invalid for their past
operation, if not confirmed by an Act of Parliament):
(e) repeals of former Acts, and related revocations of regulations made by
Order in Council, or other Orders in Council:
(f) consequential amendments made by this Act to other enactments.

Benefits to be inalienable
417 Benefits cannot, in general, be assigned or charged, or pass by operation of
law
(1) No benefit is capable of being assigned or charged, or of passing to any other
person by operation of law.
(2) Subsection (1) is overridden by contrary provisions in, or in regulations made
under or for the purposes of, the following enactments:
(a) sections 337 to 350, 366 to 372, 442, and 443:
(b) Family Benefits (Home Ownership) Act 1964:
(c) Child Support Act 1991:
(d) Student Loan Scheme Act 2011.
(3) This section does not limit section 293 (offence of demanding or accepting
acknowledgment or undertaking).
Compare: 1964 No 136 s 84(1)

Regulations
418 Regulations: general
Regulations for purposes of specified provisions
(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of all or any of the following provisions:

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Part 8 s 418 Social Security Act 2018 2018 No 32

Part 2—Assistance
(a) sections 27, 28, 37, 41, 42, 80, 81, 88, 134, 164, 167, 379 (prescription,
for provision’s purposes, of health practitioners acting within their scope
of practice (see the definition in Schedule 2 of prescribed health practi-
tioner)):
(b) section 35(2)(a) (supported living payment: on ground of restricted work
capacity or total blindness: when does person have restricted work cap-
acity: period prescribed):
(c) section 55(1) (youth payment: incentive payments):
(d) section 62(1) (young parent payment: incentive payments):
Part 3—Obligations
(e) section 143(1)(b) (time when work-test obligation applies):
(f) section 152, definition of evidential drug test, paragraph (c):
(g) section 152, definition of pass, paragraphs (a) and (b):
(h) section 152, definition of screening drug test, paragraph (c)(iii):
Part 4—Factors affecting benefits
(i) sections 192(2) and 194(2) (reduction amount, and additional reduction
amount):
Part 5—Enforcement: sanctions and offences
(j) section 250(1)(e) (excuse of good and sufficient reason: failure to com-
ply with drug-testing obligation):
Part 6—Administration
(k) sections 341(1) and (3)(d) and 342(1)(b) (which relate to youth support
payments):
(l) section 344(2) (young person beneficiaries may elect money manage-
ment):
(m) section 373(1)(a)(ii) and (b) (administration service providers: con-
tracts):
(n) section 374(1)(c) (administration service providers: contents and form of
contracts):
Schedules
(o) clause 11 of Schedule 3, definition of appropriate number of weeks,
paragraph (b) (calculation of income: interpretation):
(p) clause 10(3) of Schedule 6 (code of conduct: relationship with Privacy
Act 1993 code of practice):
(q) clause 20(2) of Schedule 6 (disclosure of information about people to
whom service provider’s contract applies).

220
2018 No 32 Social Security Act 2018 Part 8 s 422

Regulations for other matters contemplated, necessary for administration, or

necessary for giving full effect
(2) The Governor-General may, by Order in Council, make regulations provid-
ing for any other matters contemplated by this Act, necessary for its adminis-
tration, or necessary for giving it full effect.
Compare: 1964 No 136 s 132

419 Regulations: general powers not limited by special powers

A power in section 418 is not limited by any other powers or duties in this Act
to make regulations or rules by Order in Council, or to make other Orders in
Council.
Compare: 1964 No 136 ss 11B(5), 123D, 132AB, 132A(1), 132AC(1), 132C(1), 132D, 132F(1)

420 Regulations: effect of duties or powers to give directions

A power in this Part to make any Orders in Council is not limited by any power
or duty in or under this Act to give directions.

421 Regulations: residential requirement

The Governor-General may, by Order in Council, make regulations for the pur-
poses of section 16 that specify circumstances in which a person—
(a) is taken to meet the residential requirement; or
(b) must be treated, for the purposes of satisfying the residential require-
ment, as being resident and present in New Zealand; or
(c) must not be required to comply with the residential requirement.
Compare: 1964 No 136 ss 74AA, 78(1), 79

422 Regulations: income exemptions

(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of clause 9 of Schedule 3 (exclusion of amounts, items, payments, or
income from specified source, declared not to be income).
(2) Regulations made under subsection (1) may (without limitation) authorise
MSD,—
(a) in calculating the rate of benefit, to take no account of specified income
for a specified period and that is up to, in total, a specified maximum
amount:
(b) in calculating the rate of benefit, to disregard all or part of the income of
a severely disabled person derived from personal effort:
(c) in calculating the income of a person for the purpose of determining the
rate of benefit, to take no account of a redundancy or retirement pay-
ment.
(3) Regulations made under subsection (1) have effect in respect of any income
specified in the regulations on and after a date—

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Part 8 s 423 Social Security Act 2018 2018 No 32

(a) specified in the regulations; and

(b) earlier than, the same as, or later than, the date on which the regulations
are made.
Compare: 1964 No 136 ss 3(1), definition of income, paragraph (f)(vii), (x), (xi), (xii), (xiii), (xiv),
(xv), (xvii), 3(3), 66, 66A, 66B, 68, 132AA, Schedule 10

423 Regulations: accommodation supplement

(1) The Governor-General may, by Order in Council, make regulations that, for the
purposes of subpart 10 of Part 2 and Part 7 of Schedule 4,—
(a) set out the assets requirement (see section 65(1)(b)):
(b) exempt any item or kind of cash assets or any amount of cash assets
from the definition of cash assets in section 68(2):
(c) define Area 1, Area 2, Area 3, and Area 4 (see the definitions of those
terms in Schedule 2, and see also section 454(1)(a) (certain orders are
confirmable instruments)):
(d) prescribe 1 or more base rates of accommodation supplement, and how
each prescribed base rate is to be assessed:
(e) provide for required income-based reductions to the assessed base rate
amount of accommodation supplement (including any circumstances
when specified income may be disregarded):
(f) require MSD to round up (for example, to the nearest amount in com-
plete single dollars, or in complete multiple dollar amounts) assessed
amounts of accommodation supplement.
(2) Regulations made under subsection (1)(c) have effect in respect of any cash
assets specified in the regulations on and after a date—
(a) specified in the regulations; and
(b) earlier than, the same as, or later than, the date on which the regulations
are made.
(3) For the purposes of regulations made under subsection (1)(e), the following
must be treated as $1 a week of income:
(a) every $100 of cash assets over $5,400 held by—
(i) a person who is in a relationship; or
(ii) a single person who has a dependent child or children; and
(b) every $100 of cash assets over $2,700 held by any other person.
Compare: 1964 No 136 ss 61E, 61EC(2), 61I(1), (3)

424 Regulations: childcare assistance

(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of subpart 12 of Part 2.

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2018 No 32 Social Security Act 2018 Part 8 s 424

(2) Regulations made under subsection (1) may (without limitation) do all or any
of the following:
(a) prescribe eligibility criteria for receiving childcare assistance, including
by prescribing that childcare assistance may be paid for the following
kinds of childcare facilities or programmes:
(i) childcare facilities or programmes prescribed by the regulations:
(ii) other childcare facilities or programmes that MSD has approved
in accordance with, and applying criteria and for a period speci-
fied in, the regulations:
(b) prescribe the kinds of childcare assistance to be provided, which may
differ depending on the purposes of the childcare and the age of the
child, or in any other prescribed circumstances:
(c) prescribe the amounts of childcare assistance to be paid, which may dif-
fer depending on the kind of assistance to be provided, the income of the
principal caregiver and that caregiver’s spouse or partner, the number of
dependent children in the family, and the kind of childcare, or in any
other prescribed circumstances:
(d) define the kinds of income, benefits, credits, and receipts to be treated as
income for the purposes of subpart 12 of Part 2, including any limits on
the extent to which any income, benefit, credit, or receipt of that kind is
to be treated as income for those purposes:
(e) prescribe the number of hours a week for the weeks during the year for
which childcare assistance is available, which may differ depending on
the purposes of the childcare or the principal caregiver’s activity,
employment, or study, or whether the assistance is granted for the school
term or during school holidays, or in any other prescribed circumstances:
(f) provide for childcare assistance to be available to keep a child’s place
open in a childcare facility or programme during temporary absence:
(g) regulate the method of application for, and payment of, childcare assist-
ance (which may include provision for payment to be made directly to a
childcare facility or provider of a programme, and subject to any condi-
tions specified in the regulations):
(h) provide for the recovery of any overpayments of assistance from a child-
care facility or the provider of a programme or from the person granted
the assistance:
(i) prescribe transitional arrangements.
(3) Eligibility criteria prescribed, or provided for, under subsection (2)(a) may
(without limitation) include criteria based on—
(a) the income of the principal caregiver and the principal caregiver’s
spouse or partner:

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Part 8 s 425 Social Security Act 2018 2018 No 32

(b) the age of the dependent child and whether the child attends school:
(c) whether the principal caregiver or the dependent child or any of the prin-
cipal caregiver’s other dependent children has a disability or serious ill-
ness:
(d) whether there is another person available to care for the child:
(e) whether the principal caregiver is undertaking employment or is engaged
in—
(i) an employment-related activity arranged or approved by MSD; or
(ii) an approved course of study; or
(iii) an approved rehabilitation programme.
(4) Regulations made under subsection (1)(d) that narrow (including, without limi-
tation, by exempting from) the kinds of income, benefits, credits, and receipts
to be treated as income have effect in respect of any income, benefits, credits,
and receipts specified in the regulations on and after a date that is—
(a) a date that is specified in the regulations; and
(b) a date before, on, or after the date on which the regulations are made.
Compare: 1964 No 136 s 132AC

425 Regulations: disability allowance: special categories of eligibility

The Governor-General may, by Order in Council, make regulations for the pur-
poses of section 85(1)(b).
Compare: 1964 No 136 s 69C(6), (7)

426 Regulations: use of disability allowance to fund specified expenses

(1) The Governor-General may, by Order in Council, make regulations relating to
the use of a disability allowance to fund specified expenses.
(2) Regulations made under subsection (1) must be not inconsistent with section
86 (disability allowance: excluded expenses), but otherwise may (without limi-
tation) do all or any of the following:
(a) specify classes, descriptions, or kinds of expenses that—
(i) must not be funded by way of a disability allowance; or
(ii) may be funded by way of a disability allowance only to an extent
specified in the regulations, or only subject to compliance with
conditions specified in the regulations, or both:
(b) provide for transitional and savings provisions relating to use of a disa-
bility allowance to fund specified expenses.
(3) Regulations made under subsection (1) that do what is stated in subsection
(2)(a)(ii) may specify maximum funded proportions, amounts, numbers, or fre-
quencies relating to all or any of the expenses concerned.

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2018 No 32 Social Security Act 2018 Part 8 s 427

(4) Transitional or savings provisions under subsection (2)(b) may (without limita-
tion) provide for all or any of the following:
(a) separate transitional or savings provisions for all or any specified people
to or on account of whom a disability allowance is payable immediately
before the commencement of this section:
(b) separate transitional or savings provisions for all or any specified
expenses to which the regulations apply (when they, or any regulations
amending them or made under subsection (2)(b), come into force):
(c) specified transitional or savings provisions to have effect at a time, or on
the occurrence of an event (for example, at the end of any existing con-
tractual arrangements), specified by the Minister by a written notice pub-
lished on an Internet site administered by or on behalf of MSD.
(5) A notice referred to in subsection (4)(c)—
(a) must state the date on which it takes effect, and cannot take effect before
it is published; and
(b) must, each time it is amended without also being replaced, also as soon
as practicable after it is amended, be published—
(i) on an Internet site administered by or on behalf of MSD; and
(ii) current as at a stated date; and
(iii) incorporating amendments up to that date; and
(c) is not a legislative instrument, but is a disallowable instrument, for the
purposes of the Legislation Act 2012, and must be presented to the
House of Representatives under section 41 of that Act.
Compare: 1964 No 136 s 132AD

427 Regulations: funeral grants: amounts and methods of payment

(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of section 90.
(2) Regulations made under subsection (1) may do all or any of the following:
(a) specify the amount of, or how MSD must assess the amount of, a funeral
grant:
(b) specify the method or methods of making payments of funeral grants.
(3) Regulations made under subsection (2)(a) may (without limitation) provide that
the grant, for a person who meets the criteria in section 91, 92, or 93, is of an
amount, not exceeding a specified maximum amount, that MSD determines is
appropriate to meet the deceased person’s reasonable funeral expenses.
Compare: 1964 No 136 ss 61D, 61DA, 61DB, 61DC, 61DD, 61DE

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Part 8 s 428 Social Security Act 2018 2018 No 32

428 Regulations: temporary additional support

(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of subpart 16 of Part 2.
(2) Regulations made under subsection (1) may (without limitation) do all or any
of the following:
(a) prescribe or provide for the setting of eligibility criteria for receiving
temporary additional support:
(b) prescribe amounts for standard living costs that must be met from
chargeable income (standard costs), or 1 or more means of calculating
amounts of standard costs, which may differ depending on whether—
(i) the applicant or the applicant’s spouse or partner, or both of them,
is or are receiving any benefits or tax credits (and, if so, the kind
and amount of them):
(ii) the applicant’s spouse or partner is lawfully or unlawfully in New
Zealand:
(iii) the applicant has a spouse or partner, or the applicant has depend-
ent children (and, if so, the number and ages of the applicant’s
dependent children):
(c) define the kinds of costs that are allowable costs, including any limits on
the extent to which any such costs are allowable costs:
(d) define the kinds of income, benefits, credits, and receipts that are charge-
able income, and any limits on the extent to which any income, benefit,
credit, or receipt of that kind is chargeable income:
(e) prescribe amounts of temporary additional support that may be granted
or 1 or more means for calculating those amounts, which may differ
depending on whether the applicant is in any prescribed circumstances
(for example, whether the applicant has a dependent spouse or partner, a
dependent child, or both):
(f) define the kinds of assets that are cash assets, including any limits on the
extent to which any such assets are cash assets, and prescribe 1 or more
cash asset limits, which may differ depending on whether the applicant
is in any prescribed circumstances (for example, whether the applicant
has a dependent spouse or partner, a dependent child, or both):
(g) prescribe the period or periods for which temporary additional support
may be granted:
(h) authorise the payment of temporary additional support in a lump sum up
to a specified maximum amount in any prescribed circumstances.
(3) For the purposes of any calculation made under subpart 16 of Part 2 or any
regulations made under subsection (1), the allowable costs, cash assets, and

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2018 No 32 Social Security Act 2018 Part 8 s 430

chargeable income of an applicant include the allowable costs, cash assets, and
chargeable income of the applicant’s spouse or partner.
(4) Regulations made under subsection (1)(f) that narrow (for example, exempt
any specified item, amount, or kind, of cash assets from) the definition of cash
assets have effect in respect of any cash assets specified in the regulations on
and after a date that is—
(a) a date that is specified in the regulations; and
(b) a date before, on, or after the date on which the regulations are made.
Compare: 1964 No 136 s 132AB

429 Regulations: participation allowance for people participating in activities

(1) The Governor-General may, by Order in Council, make regulations to provide
for persons participating in activities under this Act to receive allowances of
the nature and kind set out in the regulations.
(2) Regulations made under subsection (1) may (without limitation) do all or any
of the following:
(a) provide for different allowances to be paid in respect of different activ-
ities and categories of person (including any exclusions from those activ-
ities and categories):
(b) set conditions for the receipt of allowances:
(c) prescribe the rates of allowances, including providing for all or any of
the following:
(i) different rates for different activities and different categories of
person:
(ii) maximum total allowances that may be granted to any person for
any particular period:
(iii) a total allowance made up of separate allowances granted for dif-
ferent reasons, or in respect of different activities or purposes, and
a method or methods of calculating it:
(d) set all or any of the periods for payment of allowances.
Compare: 1964 No 136 s 132F

430 Regulations: specific obligations: obligations in relation to dependent

children: definitions and attendance
(1) The Governor-General may, by Order in Council, make regulations for either
or both of the following purposes:
(a) defining (in full, or by reference to other enactments, and as contempla-
ted by section 137(1)) the terms approved early childhood education pro-
gramme, core check, and registered school, for the purposes of sections
131 to 134; and

227
Part 8 s 431 Social Security Act 2018 2018 No 32

(b) prescribing, for the purposes of sections 131(1)(b), 132(1)(a)(ii), and

137(2), the minimum extent of, or other required manner of, attending an
approved early childhood education programme.
(2) Regulations made under subsection (1)(a) may, without limitation, define an
approved early childhood education programme to be or include an early child-
hood education programme approved by MSD having regard to all relevant
approval criteria (if any) prescribed by the Minister by a written notice.
(3) A notice referred to in subsection (2)—
(a) must, as soon as practicable after it is given, be—
(i) published on an Internet site administered by or on behalf of
MSD; and
(ii) notified in the Gazette; and
(b) must, each time it is amended without also being replaced, also as soon
as practicable after it is amended, be published—
(i) on an Internet site administered by or on behalf of MSD; and
(ii) current as at a stated date; and
(iii) incorporating amendments up to that date; and
(c) is not a legislative instrument, but is a disallowable instrument, for the
purposes of the Legislation Act 2012, and must be presented to the
House of Representatives under section 41 of that Act.
(4) A notification in the Gazette for the purpose of subsection (3)(a)(ii) does not
have to include the text of the notice.
Compare: 1964 No 136 s 60RAB(1), (3), (4)

431 Regulations: specific obligations: work-test obligations, and deferrals of,

or exemptions from, specified obligations
(1) The Governor-General may, by Order in Council, make regulations for all or
any of the following purposes:
(a) prescribing requirements a drug test must comply with to be a compliant
drug test under section 148:
(b) prescribing, for the purposes of section 150, how MSD may use the
result of a drug test undertaken under section 147 and disclosed to MSD
under section 149:
(c) prescribing, for the purposes of section 151, how MSD may reimburse a
potential employer for the costs of a drug test under section 147 reques-
ted by that employer:
(d) prescribing, for the purposes of sections 155 and 156, how MSD may or
must defer a person’s work-test obligations (including, without limita-
tion, how a deferral of a person’s work-test obligations may be reviewed,
extended, varied, or revoked):

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2018 No 32 Social Security Act 2018 Part 8 s 431

(e) specifying the categories of people who may be granted an exemption

under sections 157 and 158, on grounds (and in any required circum-
stances) specified in the regulations, from some or all of their—
(i) work-preparation obligations under sections 121 to 125:
(ii) work-test obligations:
(iii) obligations under section 162 (obligations of young person gran-
ted youth support payment):
(iv) obligations under section 164 (obligations of young person gran-
ted young parent payment):
(v) obligations under section 165 (obligations of young person aged
18 or 19 years who is receiving jobseeker support in young per-
son’s own right and who is at significant risk of long-term welfare
dependency):
(vi) obligations under section 166 (young person aged 16 or 17 years
who has no dependent child and who is spouse or partner of speci-
fied beneficiary):
(vii) obligations under section 167 (young person aged 16 to 19 years
who has dependent child and who is spouse or partner of specified
beneficiary):
(f) prescribing the procedure for the granting, and for the review, extension,
variation, or revocation, of an exemption of that kind.
(2) Regulations made under subsection (1)(d) may authorise a required or permit-
ted deferral of a person’s work-test obligations to be granted—
(a) for a period set by MSD; or
(b) on conditions set by MSD; or
(c) both for a period, and on conditions, set by MSD.
(3) The purpose of exemption regulations made under subsection (1)(e) is to spe-
cify the grounds on which, and any circumstances in which, it would be
inappropriate for the people concerned to be subject to, and liable to sanctions
for failing to meet, the obligations concerned.
(4) Exemption regulations made under subsection (1)(e) may be made only on the
Minister’s recommendation.
(5) The Minister must, before making a recommendation that particular exemption
regulations be made under subsection (1)(e),—
(a) have regard to the purpose and principles specified in sections 3 and 4,
to the purposes of the obligations concerned, and to the purpose of the
regulations; and

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(b) be satisfied that each exemption provided for in them is not broader than
is reasonably necessary to address the matters that gave rise to the regu-
lations.
Compare: 1964 No 136 ss 88F(7), 88H, 88I(1)–(3), (5)–(7), 102B(2), 102C(1), (3)–(6), 102E,
105(3)–(7), 123D

432 Regulations: factors affecting benefits: pre-benefit activities

(1) The Governor-General may, by Order in Council made on the recommendation
of the Minister, make regulations for the purposes of sections 184 and 185.
(2) The Minister must not recommend the making of regulations made under sub-
section (1) stating pre-benefit activities unless, in the Minister’s opinion, each
pre-benefit activity concerned is likely to—
(a) increase the awareness of the people undertaking it of opportunities for
employment; or
(b) strengthen incentives for the people undertaking it to move into employ-
ment; or
(c) facilitate the movement of the people undertaking it into employment.
(3) Regulations made under subsection (1) may (without limitation) do all or any
of the following:
(a) specify the applicants, and applicants’ spouses or partners who can, for
applications for benefits specified, be required to do pre-benefit activ-
ities:
(b) state kinds of pre-benefit activities that may be required under section
184:
(c) provide for MSD to require a person who contacts MSD requesting
financial assistance under this Act or that person’s spouse or partner (if
any) to undertake 1 or more stated pre-benefit activities that comply with
any requirements specified in the regulations:
(d) provide for the form, and revocation, of requirements to undertake stated
pre-benefit activities:
(e) specify the consequences MSD may impose for non-compliance, with-
out a good and sufficient reason, with a requirement to undertake stated
pre-benefit activities.
(4) The consequences referred to in subsection (3)(e) may be or include lapse of an
application for the benefit concerned, or a specified reduction of not more than
half of the rate of the benefit concerned or of any other specified benefit to
which the applicant and the applicant’s spouse or partner would, apart from the
regulations, be entitled.
(5) Subsection (4) overrides any contrary provision of this Act.
Compare: 1964 No 136 ss 11E, 11G, 11H, 132J

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433 Regulations: factors affecting benefits: insurance recovery

(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of section 186.
(2) Regulations made under subsection (1) may (without limitation) do all or any
of the following:
(a) provide the grant of a benefit or the rate of benefit is subject to repay-
ment to MSD of all or part of an insurance payment of a kind or descrip-
tion, or that falls within a class or definition, prescribed by the regula-
tions:
(b) provide the amount of an income-related insurance payment, a debt
insurance payment, or a health or disability insurance payment must, to
the extent that MSD determines, be treated as being reduced by the
amount of any costs incurred—
(i) by an applicant for a benefit or a beneficiary; and
(ii) to obtain the payment:
(c) provide a benefit, or part of a benefit, subject to repayment under the
regulations,—
(i) constitutes a charge on the amount of the insurance payment paid
to the recipient; and
(ii) is a debt due to the Crown under regulations made under section
444; and
(iii) is recoverable under regulations made under section 444.
Compare: 1964 No 136 s 68A(5), (7), (8)

434 Regulations: factors affecting benefits: overseas pensions

(1) The Governor-General may, by Order in Council, make regulations for all or
any of the following purposes:
(a) providing for the determination by MSD of the amount of an overseas
pension to be deducted under section 189(1) from a benefit or benefits,
and the date when the deductions will begin, which may be a date
before, on, or after the date of the determination:
(b) providing that the currency exchange rate to be used by MSD for the
purposes of the determination referred to in paragraph (a) must be one of
the following:
(i) the average of the currency exchange rates (or, as the circum-
stances require, averages of different currency exchange rates)
between the country paying the overseas pension and New Zea-
land during a period specified in the regulations; or

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(ii) any one of the currency exchange rates that occurs between the
country paying the overseas pension and New Zealand within a
period specified in the regulations; or
(iii) whichever of the methods specified in subparagraphs (i) and (ii) is
the more favourable to the overseas pensioner:
(c) prescribing the kinds of currency exchange rates that are to be used for
the purposes of paragraph (b):
(d) providing that the period referred to in paragraph (b) may be a different
period from the period to which the payment of the overseas pension
relates and a different period from the period to which the payment of
the benefit relates:
(e) prescribing, for the purposes of the determination referred to in para-
graph (a), the kinds of bank fees that may be taken into account and the
manner in which they may be taken into account:
(f) providing that a determination made under paragraph (a), and made in
accordance with regulations made under paragraphs (b) to (e), must be
conclusive:
(g) regulating the making, implementation, and variation of arrangements
under section 190.
(2) Regulations made under subsection (1)(g) may (without limitation) include
provisions—
(a) prescribing the categories of overseas pensioners with whom MSD may
make the arrangements:
(b) prescribing requirements that must be fulfilled before the arrangements
can be entered into:
(c) providing that MSD must cancel or revoke an arrangement (including,
without limitation, if the overseas pensioner fails to comply with any
conditions that are to be included in the arrangements, and that are pre-
scribed under this paragraph):
(d) prescribing methods that may be specified in the arrangements for pay-
ment to MSD, and receipt by MSD, of an amount equivalent to the
amount of the overseas pension that the overseas pensioner receives,
including (without limitation) direct deduction from the overseas pen-
sioner’s bank account:
(e) providing that the regulations do not apply (in whole or in part) to any
arrangements that are in force when regulations made under this section
are made.
(3) Regulations made under subsection (1)(g) apply, unless those regulations pro-
vide otherwise, to arrangements that are in force when the regulations are made
and, in that case,—

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(a) the regulations prevail over the arrangements to the extent that there is
any inconsistency between the regulations and the arrangements; and
(b) the arrangements are taken to be modified to the extent necessary to give
effect to the regulations.
Compare: 1964 No 136 ss 70(2), 132C

435 Regulations: factors affecting benefits: issue of warrant to arrest

beneficiary
(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of sections 209 to 216.
(2) Regulations made under subsection (1) may (without limitation) do all or any
of the following:
(a) prescribe classes, descriptions, or kinds of offences excluded from the
operation of section 209 or 213:
(b) prescribe a class, description, or kind of person—
(i) excluded from the operation of all of the provisions of section 209
or 213; and
(ii) therefore not a beneficiary as defined in section 210 or 214:
(c) provide for any other matters contemplated by sections 209 to 216,
necessary for their administration, or necessary for giving them full
effect.
Compare: 1964 No 136 s 132L

436 Regulations: factors affecting benefits: absence from New Zealand

(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of section 219.
(2) Regulations made under subsection (1) may (without limitation) do all or any
of the following:
(a) prescribe exceptions to the general rule in section 219, and that the regu-
lations require MSD, or give MSD discretion, to apply in a particular
case, for example,—
(i) because a beneficiary who intends to be absent from New Zealand
has not performed the duty imposed by section 114(1) to notify
MSD, before leaving New Zealand, of the beneficiary’s intended
absence, but has, after leaving New Zealand, notified MSD of the
beneficiary’s absence as required by regulations made under para-
graph (b); or
(ii) because a beneficiary’s absence from New Zealand, and failure to
notify MSD of the absence until after the beneficiary has left New
Zealand, or returned to New Zealand after the absence, in a par-

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ticular case, is justified for 1 or more humanitarian reasons (as

that term is defined by the regulations):
(b) require beneficiaries who have not performed the duty imposed by sec-
tion 114(1) and who are of kinds specified in the regulations to notify
MSD of their absences from New Zealand, and provide that, despite sec-
tion 219 and other provisions of the regulations, their benefits are pay-
able from the date of notification of their absence from New Zealand:
(c) authorise MSD, in its discretion, if a benefit is under the regulations pay-
able on and after a date in respect of a beneficiary’s absence from New
Zealand, to pay that benefit to the beneficiary for—
(i) a period starting on that date, and of a duration specified in the
regulations; or
(ii) a longer period, if MSD is satisfied payment of the benefit com-
plies with any applicable criteria prescribed by the regulations.
(3) Regulations made under subsection (1) do not apply to a benefit payable
under—
(a) subpart 11 of Part 2 (winter energy payment); or
(b) sections 21 to 35 of the New Zealand Superannuation and Retirement
Income Act 2001; or
(c) sections 176 to 196 of the Veterans’ Support Act 2014; or
(d) any reciprocity agreement with another country adopted by an order
made under section 380.
Compare: 1964 No 136 s 77

437 Regulations: issue and use of entitlement cards

(1) The Governor-General may, by Order in Council, make regulations for all or
any of the following purposes:
(a) providing for the issue of entitlement cards to various classes of people:
(b) prescribing the classes of people eligible to be issued with entitlement
cards:
(c) providing for cardholders’ photographs to be affixed to or imaged into a
category of entitlement cards and prescribing procedures, requirements,
and other matters in relation to those photographs:
(d) prescribing and regulating the use of entitlement cards (including, with-
out limitation, conditions of use, time limits on validity and expiry dates,
and obligations to return expired entitlement cards to MSD):
(e) prescribing offences relating to the improper use of entitlement cards or
for their non-return after their expiry, and the amounts of maximum fines
that may be imposed in respect of those offences.

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(2) Regulations made under subsection (1)(d) prescribing and regulating the use of
entitlement cards may (without limitation) provide for or relate to their use—
(a) to obtain payment of any benefit, allowance, or payment under this Act:
(b) to obtain any payment or exemption from payment in consideration of
services supplied to the holder of the entitlement card, or the holder’s
dependent spouse or partner or child, whether those services are supplied
under this Act, any other Act, or otherwise:
(c) as evidence that the holder or a dependent spouse or partner or child of
the holder is exempt from any obligation under this Act or any regula-
tions made under this Act.
(3) Regulations made under subsection (1)(e) prescribing offences and penalties
cannot prescribe—
(a) an offence for improper use of an entitlement card that is conduct that
constitutes an offence under section 290 (offences: false statements, mis-
leading, or attempting to mislead, to receive or continue to receive bene-
fits):
(b) a maximum fine of an amount exceeding $1,000 and, if the offence is a
continuing one, a further amount exceeding $50 for every day or part of
a day during which the offence has continued (see also section 294).
(4) Regulations made under subsection (1) may provide for entitlement cards to
have all or any of a magnetic stripe or a barcode on them, or a microchip
embedded in them, which may contain all or any of the following information:
(a) the cardholder’s name:
(b) an identifying number assigned by MSD to the cardholder:
(c) a number or code indicating the cardholder’s class of eligibility for the
card:
(d) an identifying number assigned to the card:
(e) the commencement and expiry dates of the card:
(f) a code number for mailing purposes.
(5) An Order in Council providing for the embedding of microchips in entitlement
cards cannot be made under this section except on the recommendation of the
Minister.
(6) The Minister must not recommend the making of an Order in Council referred
to in subsection (5) unless satisfied adequate consultation about the privacy and
security of the information to be contained in the microchip has taken place (to
ensure privacy and personal information are fully protected) with—
(a) the State Services Commission; and
(b) the Privacy Commissioner; and

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(c) any other State agency, department, or organisation the Minister thinks
relevant.
Compare: 1964 No 136 s 132A

438 Regulations: application for benefit: making of, help with, lapse, and
deemed receipt
(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of section 297.
(2) Regulations made under subsection (1) may (without limitation) do all or any
of the following:
(a) specify the deadlines for receipt by MSD of the following:
(i) an application form completed to MSD’s satisfaction:
(ii) supporting evidence reasonably required by MSD:
(b) specify exceptions to those specified deadlines:
(c) allow MSD to extend those prescribed deadlines:
(d) provide for lapse of an application, or prohibit grant of a benefit, or both,
unless those prescribed deadlines (if applicable, as they are extended by
MSD under the regulations) are met:
(e) provide for a duly completed and timely application to be taken for com-
mencement of benefit purposes and stand-down period purposes to have
been received on the date of first contact by or on behalf of the appli-
cant:
(f) provide for all reasonable help in te reo Māori to be given by an
employee of the State Services (as defined in section 2 of the State Sec-
tor Act 1988), without fee or other consideration, in connection with an
application for a benefit, if—
(i) the applicant is a Maori (within the meaning of section 4 of the
Maori Land Act 1993), and asks for help of that kind; and
(ii) the employee has the necessary knowledge of te reo Māori:
(g) provide an application need not refer to a particular kind of benefit:
(h) provide an application does not, by referring to a particular kind of bene-
fit, prevent MSD from granting any other kind or kinds of benefit:
(i) authorise MSD to require as supporting evidence, if MSD considers that
the appropriate benefit for an applicant is a youth support payment, evi-
dence of the applicant’s specified costs:
(j) authorise MSD to waive a requirement to complete an application form
or some or all of a requirement to provide supporting evidence:
(k) provide for travelling expenses and allowances for any applicant or
beneficiary who has to be absent from that person’s regular place of resi-

236
2018 No 32 Social Security Act 2018 Part 8 s 440

dence for a purpose approved by MSD (for example, to be medically

examined by, or at the, direction of MSD):
(l) authorise MSD, in MSD’s discretion, to make advance payments to the
applicant or beneficiary for meals and accommodation during the period
of necessary absence, or to pay a refund, in MSD’s discretion, for actual
and reasonable out-of-pocket expenses for the period of necessary
absence:
(m) provide for MSD, in any special case, and despite other regulations, to
authorise payment of travelling expenses in respect of any applicant or
beneficiary, or applicants or beneficiaries of any description, at rates and
subject to conditions determined by MSD:
(n) provide for receipt and deadline requirements for claims for refunds, and
allow MSD to extend the deadline in any special circumstances.
Compare: 1964 No 136 s 11D; SR 2007/229 r 4

439 Regulations: certain benefits granted, or granted at rate, not taking into
account certain insurance payments
(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of section 310.
(2) Regulations made under subsection (1) may (without limitation) do all or any
of the following:
(a) specify the insurance payments and benefits or kinds of benefits to
which the regulations apply:
(b) authorise MSD to suspend, cancel, or vary the rate of, the benefit, from a
date MSD determines.
Compare: 1964 No 136 s 68A(6), (7), (8)

440 Regulations: exemptions from, and calculation of, stand down

(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of sections 315 and 316(1)(b) and (4).
(2) Regulations made under subsection (1) may (without limitation) do all or any
of the following:
(a) exempt benefits specified in the regulations, on any grounds and in any
circumstances (and subject to any conditions) specified in the regula-
tions, from a stand down:
(b) provide that those benefits commence on a date specified in the regula-
tions:
(c) provide for a benefit to commence on the day on which it is granted if—
(i) the person has become eligible for the benefit while receiving
another benefit; and
(ii) the benefit is granted instead of that other benefit:

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(d) provide for a benefit to commence on the same day as another benefit
commences if they are both applied for, or under regulations made under
section 438 are taken to have been applied for, at the same time:
(e) specify how a stand-down period (for a benefit to which section 316
applies) is calculated, both in general, and in exceptional cases (for
example, of delayed redundancy and retirement payments, or of seasonal
workers made redundant after a benefit commences):
(f) provide for a person who is entitled to a benefit to which section 316
applies to elect to have the person’s average income calculated by refer-
ence to a period of 52 weeks instead of 26 weeks:
(g) provide that a person of a kind specified in the regulations is entitled to
receive the benefit applied for on a provisional basis and to have the
stand-down period calculated as if the person’s average income did not
include an amount the person is entitled to receive, but has not yet
received:
(h) provide that a payment to which paragraph (g) applies is a debt due to
the Crown under regulations made under section 444, and subject to
recovery under those regulations, from the person.
(3) The purpose of exemption regulations made under subsections (1) and (2)(a) is
to specify the grounds on which, and circumstances in which, it would be
inappropriate for the people concerned to be subject to a stand down.
(4) Exemption regulations made under subsections (1) and (2)(a) may be made
only on the Minister’s recommendation.
(5) The Minister must, before making a recommendation that particular exemption
regulations be made under subsections (1) and (2)(a),—
(a) have regard to the purpose and principles specified in sections 3 and 4,
to the purposes of the stand down concerned, and to the purpose of the
regulations; and
(b) be satisfied that each exemption provided for in them is not broader than
is reasonably necessary to address the matters that gave rise to the regu-
lations.
Compare: 1964 No 136 ss 80(5), (8), (10), (13), (14), 80BB, Schedule 28

441 Regulations: expiry and regrant of specified benefits

(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of sections 331 to 336.
(2) Regulations made under subsection (1) may (without limitation) do all or any
of the following:
(a) prescribe the expiry date or expiry dates for every benefit that is a speci-
fied benefit for the purposes of sections 331 to 336:

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2018 No 32 Social Security Act 2018 Part 8 s 442

(b) declare a benefit that is sole parent support, supported living payment, or
emergency benefit, not to be a specified benefit for the purposes of sec-
tions 331 to 336:
(c) specify circumstances in which MSD may consider an exemption under
section 334(1) from expiry under section 332:
(d) specify, for section 336(2), requirements (not inconsistent with this Act)
for the regrant of a specified benefit.
(3) Subsection (2)(a) authorises (without limitation) the regulations to prescribe
the same expiry date, or 2 or more different expiry dates, for all or any combin-
ation of the following:
(a) each specified benefit for the purposes of sections 331 to 336:
(b) each specified benefit for the purposes of sections 331 to 336 insofar as
that benefit is granted on each of 2 or more different specified eligibility
grounds:
(c) each specified benefit for the purposes of sections 331 to 336 insofar as
that benefit is (on all, or any specified, eligibility grounds) granted to a
specified category, class, or kind of applicants, recipients, or beneficiar-
ies.
(4) Subsection (2)(b) authorises (without limitation) the regulations to make a dec-
laration in respect of sole parent support, supported living payment, or emer-
gency benefit, as that benefit is granted in either or both of the followings ways
(specified in section 331(2)(a) and (b)):
(a) that benefit as granted on only 1 or more specified available eligibility
grounds:
(b) that benefit as granted to only 1 or more specified categories, classes, or
kinds of beneficiaries.
Compare: 1964 No 136 s 132M

442 Regulations: payments

(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of section 337.
(2) Regulations made under subsection (1) may (without limitation) do all or any
of the following:
(a) specify default determinations, and exceptions, for the purposes of sec-
tion 340 (required manner of payment: general):
(b) specify when MSD may or must pay an advance payment of a benefit to
a preferred supplier of goods or services:
(c) provide for redirection arrangements for requested fixed period preferred
supply of goods or services:

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Part 8 s 443 Social Security Act 2018 2018 No 32

(d) provide for payments made in respect of a benefit granted under section
64 to be provisional only, and, if MSD believes on reasonable grounds
that the benefit should not have been granted (or that too much was paid
in respect of it), for the person granted it to be liable to repay the amount
paid (or what MSD considers to be the amount of the excess) under
regulations made under section 444:
(e) provide for apportionment, between a beneficiary and spouse or partner,
of all or any of the following (other than benefits specified in subsec-
tion (3)):
(i) a benefit payable at a rate prescribed for a person who is in a rela-
tionship (a couple rate):
(ii) any other benefits payable under this Act:
(f) provide that, when a benefit is apportioned under the regulations, the
proportion paid to a person is for the purposes of the Income Tax
Act 2007 income of that person.
(3) No regulations made under subsection (1) or (2)(e) can provide for apportion-
ment of—
(a) a benefit paid under clause 5 or 6 of Part 3 (supported living payment) of
Schedule 4; or
(b) a supported living payment that, under section 38(2) or (3), is not appor-
tioned; or
(c) a youth support payment, or of any other benefit payable to a person
receiving a youth support payment.
Compare: 1964 No 136 ss 61CC(2), 82(3), (5), (6A), (6AA), (6AB), (6AC), (6F), (6G), 83, 132; SR
2007/229 r 5

443 Regulations: payments during epidemic in New Zealand

(1) The Governor-General may, by Order in Council, make regulations authorising
MSD, when a domestic epidemic management notice is in force, and for a
period after the notice expires that the Minister thinks reasonable in the circum-
stances, to do all or any of the following, with the written approval of the Min-
ister and within any limits stated in the approval (and despite contrary provi-
sions in this Act):
(a) cause benefits to be paid to people otherwise disentitled to them because
of stand-down periods or suspensions of benefits:
(b) reinstate cancelled benefits:
(c) grant benefits to or reinstate the benefits of, and for any time or times
MSD thinks fit make payments under them to, people who were or are
subject to non-entitlement periods:
(d) cause benefits to be paid at a rate not higher than the maximum rate but
higher than a lower rate to which people would otherwise be entitled

240
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(being a lower rate because of a reduction, variation, suspension, or

direct deduction, or because of a sanction, penalty, or non-entitlement
period, imposed on a spouse or partner):
(e) refrain from exercising a power, or from meeting a requirement in this
Act, to cancel, suspend, vary, or cancel benefits or payments of benefits,
in circumstances where the holders satisfy the normal criteria for, or the
requirement in this Act applies and requires, cancellation, suspension, or
variation of benefits or payments.
(2) Regulations made under this section override every provision of this Act to the
contrary.
Compare: 1964 No 136 ss 3(1), 61CB

444 Regulations: debts and deductions

(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of section 353.
(2) Regulations made under subsection (1) may (without limitation) do all or any
of the following:
(a) specify sums that are debts due to the Crown (which may, but need not,
be amounts this Act states are debts due to the Crown, and subject to
recovery, under regulations made under this section):
(b) prescribe exceptions to the debt-recovery duty imposed on MSD by sec-
tion 362 (for example, because—
(i) a debt was caused wholly or partly by an error to which the debtor
did not intentionally contribute:
(ii) debt recovery is remitted or suspended under regulations made
under section 448:
(iii) MSD determines a debt is uneconomic to recover:
(iv) the Minister and the Minister of Finance have given jointly for
public finance purposes generally an authorisation about debts
that are to be written off):
(c) require MSD to determine, having regard to Ministerial debt recovery
directions given in writing under the regulations, rates and methods of
debt recovery:
(d) provide for recovery from the estate of a deceased beneficiary, from the
estate of a beneficiary’s deceased spouse or partner, or from both estates,
an excess amount a beneficiary obtained:
(e) provide for the District Court, on application by an executor or adminis-
trator of an estate on whom a notice of assessment is served by MSD, to
have jurisdiction to review, confirm or cancel, or make any other order it
considers just and equitable in respect of, any MSD determination under
the regulations of an excess amount (irrespective of that amount) paid to

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a person, assessed by MSD under the regulations, and to be recovered

under regulations made under paragraph (d) or (g):
(f) authorise the District Court to receive as evidence any statement, docu-
ment, information, or matter that may in its opinion assist the court to
deal effectively with the application, whether or not it would be other-
wise admissible in a court of law:
(g) provide for MSD to issue a deduction notice requiring a debtor’s payer
to deduct, and pay MSD, an amount due.
(3) Ministerial debt recovery directions given in writing under the regulations, and
referred to in subsection (2)(c),—
(a) must, as soon as practicable after they are given, be—
(i) published on an Internet site administered by or on behalf of
MSD; and
(ii) notified in the Gazette; and
(b) must, each time they are amended without also being replaced, also as
soon as practicable after they are amended, be published—
(i) on an Internet site administered by or on behalf of MSD; and
(ii) current as at a stated date; and
(iii) incorporating amendments up to that date; and
(c) are not a legislative instrument, but are a disallowable instrument, for the
purposes of the Legislation Act 2012, and must be presented to the
House of Representatives under section 41 of that Act.
(4) A notification in the Gazette for the purpose of subsection (3)(a)(ii) does not
have to include the text of the direction.
Compare: 1964 No 136 ss 3(1), 83AA, 85A, 85B, 86, 86AA, 86A–86I, 124(2), (2A), 125G(3)

445 Regulations: further provisions on deductions

Regulations for the purposes of section 444(2)(g) may (without limitation) do
all or any of the following:
(a) require a debtor’s payer to deduct the amount due (as a lump sum, or by
instalments) from a sum that is or becomes payable by the payer to the
debtor; and
(b) require the payer to pay to MSD by a time, or by any times, specified in
the notice, the amount or amounts deducted:
(c) provide for the contents, copies, and revocation of a deduction notice:
(d) require the payer, if requested, to issue the debtor a deductions state-
ment:
(e) provide that the debtor is, so far as amounts are deducted, discharged
from debt:

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2018 No 32 Social Security Act 2018 Part 8 s 445

(f) provide, if the payer to whom the deduction notice is issued is a bank (as
defined in the regulations), any money held by the bank to the credit of
the debtor is deemed to be held in trust for the Crown, and recoverable
from the bank as if it were money payable under a benefit to which the
debtor was not entitled:
(g) provide that neither the debtor, nor any other person concerned, has a
claim against the payer making the deduction, or the Crown, in respect
of the deduction:
(h) provide any amounts deducted must be held in trust for the Crown, and
are debts due to the Crown, and subject to recovery from the payer who
makes the deductions, as if the amounts were money payable under a
benefit to which the payer who made the deduction was not entitled:
(i) provide for offences, punishable on conviction by a fine not exceeding
$2,000, for any person—
(i) failing to make any deduction required by a deduction notice; or
(ii) failing, after making a deduction, to pay the amount deducted to
MSD within the time specified in the notice; or
(iii) permitting payment to or on behalf of any person, other than
MSD, of any amount held in trust for the Crown under the regula-
tions:
(j) provide for protected earnings, if a deduction notice is issued to an
employer of a debtor, by prohibiting the employer, in making deductions
under the deduction notice, from reducing the amount paid to the debtor
by way of salary or wages in respect of any week to an amount that is
less than a proportion (prescribed by the regulations) of the amount cal-
culated as being the debtor’s net ordinary weekly pay for a week (as that
term is defined by the regulations):
(k) provide for variation or discharge of a deduction notice:
(l) provide that a payer to whom a deduction notice has been issued is liable
to pay MSD a late deduction penalty, calculated in a manner prescribed
by the regulations (but not exceeding 2% of the amount in default), if the
payer fails wholly or in part to—
(i) make a deduction required to be made by the notice; or
(ii) pay an amount deducted under the notice to MSD by the time spe-
cified in the notice:
(m) provide for MSD to remit all or part of a penalty of that kind payable,
and provide that a penalty of that kind payable to MSD is a debt due to
the Crown, and subject to recovery from the payer, as if the penalty were
money payable under a benefit to which the payer was not entitled.
Compare: 1964 No 136 ss 3(1), 86A–86I

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Part 8 s 446 Social Security Act 2018 2018 No 32

446 Regulations: advance payment of instalments of benefit

(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of section 347.
(2) Regulations made under subsection (1) may (without limitation) specify the
manner and form in which an application may be made under section 347 for
advance payment of instalments of a benefit.
(3) The specified manner and form may differ depending on (without limitation)
the number of times the beneficiary has applied for either or both:
(a) advance payment under section 347 of instalments of a benefit:
(b) special assistance under section 101.
Compare: 1964 No 136 s 132K(1)(a)

447 Regulations: budgeting activities due to application for advance payment

of instalments of benefit
(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of section 348.
(2) Regulations made under subsection (1) may (without limitation) do either or
both of the following:
(a) define the kinds, and any terms and conditions, of budgeting activities
that MSD may require a person to undertake under section 348:
(b) prescribe the circumstances in which the power referred to in section
348 may be exercised.
Compare: 1964 No 136 s 132K(1)(b), (c)

448 Regulations: remittance or suspension of debt

(1) The Governor-General may, by Order in Council made on the recommendation
of the Minister, make regulations requiring or permitting—
(a) the recovery of amounts recoverable under regulations made under sec-
tion 444 to be suspended; or
(b) those amounts to be remitted.
(2) Regulations made under subsection (1) may require or permit the suspension of
recovery of amounts, or the remission of amounts,—
(a) of a particular kind or from persons of a particular kind:
(b) of a particular value (which may differ between persons of a particular
kind):
(c) in the case of suspension, for periods that may differ for amounts of a
particular kind or value, or between persons of a particular kind.
(3) The Minister must not recommend the making of regulations made under sub-
section (1) unless satisfied that they are likely to—

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2018 No 32 Social Security Act 2018 Part 8 s 450

(a) prevent accumulation of debt by any category of beneficiary and assist

those beneficiaries to reduce their levels of debt while on a benefit; or
(b) assist any category of beneficiary to move from dependence on a benefit
to self-support through employment by ensuring that those beneficiaries
do not face increasing benefit debt repayments when they enter the
workforce; or
(c) provide a positive incentive for beneficiaries to enter employment or
stay in employment; or
(d) achieve more than 1 of the objectives set out in paragraphs (a) to (c).
Compare: 1964 No 136 s 132G

449 Regulations: ways MSD or person can meet requirement to give notice or
other document
(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of section 364.
(2) Regulations made under subsection (1) may (without limitation) do all or any
of the following:
(a) provide for different ways of giving a document to an individual (other
than an officer or employee in the service of the Crown in that person’s
official capacity), and to an officer or employee in the service of the
Crown in that person’s official capacity, including (without limitation)
all or any of the following ways:
(i) giving personally in hard-copy form:
(ii) leaving at or posting to an address prescribed by the regulations:
(iii) giving by an electronic means (with the individual’s express or
inferred consent) in accordance with Part 4 of the Contract and
Commercial Law Act 2017:
(b) provide when documents given in different prescribed ways are, in the
absence of evidence to the contrary, taken to have been received.
(3) This section is subject to section 254 (how notice of sanction may be given),
and regulations made under this section operate under sections 392(2), 400(2),
and 412(2).
Compare: 1964 No 136 s 86J; 2011 No 62 s 211; 2015 No 35 s 4

450 Regulations: reciprocity agreements with mutual assistance provisions,

and adverse action if discrepancy shown by information from other
country
(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of sections 383 and 386.
(2) Regulations made under subsection (1) may (without limitation) do all or any
of the following:

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Part 8 s 451 Social Security Act 2018 2018 No 32

(a) provide that a reciprocity agreement may contain (instead of, or as well
as, any other kind or kinds of mutual assistance provisions) mutual
assistance provisions of kinds specified in the regulations:
(b) provide that mutual assistance provisions of kinds specified in the regu-
lations may be included in a reciprocity agreement only if those mutual
assistance provisions comply with terms and conditions that are, or are
equivalent in their effect to, terms and conditions specified in the regula-
tions:
(c) provide for the processes to be followed if MSD proposes to take an
adverse action against an individual as a result of a discrepancy (for
example, a unique identifier discrepancy) produced by information MSD
received from the competent institution of the other country under a
mutual assistance information exchange provision.
Compare: 1990 No 26 ss 2(1), 19A(1), (2), (3), (4), (5), 19B, 19C, 19D(3)(c), (d), (4), (4A), (4B),
(4C), (5), (6), (7)

451 Regulations: how to begin, and procedure and powers for, review or
appeal
(1) The Governor-General may, by Order in Council, make regulations for the pur-
poses of sections 394, 403(a), 407, and 414.
(2) Regulations made under subsection (1) may (without limitation) do all or any
of the following:
(a) provide for the procedure the committee, authority, court, or board must
follow on the review or appeal:
(b) provide for the committee’s, authority’s, or board’s power to deal with
(for example, confirm, vary, revoke, or refer back to MSD with reasons
for the referral back and related directions for reconsideration) the deci-
sion reviewed or appealed:
(c) require MSD, out of money appropriated by Parliament for the purpose,
to pay the actual and reasonable travelling and accommodation expenses
(if any) incurred by an appellant who appears before the appeal author-
ity:
(d) require MSD to report to the appeal authority on an appeal, provide for
required contents of the report, and require the appeal authority in deter-
mining the appeal to have regard to MSD’s report on the appeal:
(e) authorise the appeal authority to receive as evidence any statement,
document, information, or matter which in the authority’s opinion may
assist it to deal with the matters before it, whether or not it would be
otherwise admissible in a court of law:
(f) authorise the appeal authority to make a costs award or order in favour
of, or against, an appellant and, if the appeal authority considers it
appropriate, to require MSD to pay a sum fixed by the authority to cover

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2018 No 32 Social Security Act 2018 Part 8 s 452

all or part of the costs the appeal authority has incurred in hearing and
determining the appeal:
(g) provide for the procedure for appeals to the High Court by way of case
stated:
(h) require an appeal to the High Court by way of case stated to be dealt
with and determined (in particular, require the High Court to hear and
determine the question of law in the case stated), in accordance with
rules of court that are applicable and not inconsistent with this Act and
the regulations.
Compare: 1908 No 89 Schedule 2 r 21.14; 1964 No 136 ss 10A(1A), (1B), (8), (9), 10B(2), 12I(2),
12K(11), 12L, 12M, 12O, 12OA, 12Q(3), (4), (6), (7), (8), (9), (10), 12R; 2011 No 81 ss 300, 303,
305, 306; 2013 No 60 s 13

Orders adjusting rates of benefits, etc

452 Orders in Council: discretionary increases in rates of benefits, etc
(1) The Governor-General may, by Order in Council, amend a provision to which
this subsection applies by increasing an amount that is—
(a) an amount specified in the provision to which this subsection applies
(see subsection (2)); and
(b) an amount of an item to which this subsection applies (see subsec-
tion (3)).
(2) Subsection (1) applies to the following provisions:
(a) section 85(2)(c)(ii) and Part 3 of Schedule 5 (disability allowance):
(b) section 423(3)(a) and (b) (cash assets treated as income for required
income-based reductions to the assessed base rate amount of accommo-
dation supplement):
(c) Schedule 2, definitions of Income Test 1, Income Test 2, Income Test 3,
and Income Test 4:
(d) Part 1 of Schedule 4 (rates of jobseeker support):
(e) Part 2 of Schedule 4 (rates of sole parent support):
(f) Part 3 of Schedule 4, including clause 2, but excluding clauses 3 and 4
(rates of supported living payment):
(g) Part 4 of Schedule 4 (orphan’s benefit):
(h) Part 5 of Schedule 4 (unsupported child’s benefit):
(i) Part 6 of Schedule 4 (rates and component of youth payment and young
parent payment, and criteria for incentive payments):
(j) Part 7 of Schedule 4 (accommodation supplement):
(k) Part 8 of Schedule 4 (rates of winter energy payment):

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Part 8 s 452 Social Security Act 2018 2018 No 32

(l) Part 9 of Schedule 4 (rates of child disability allowance and disability

allowance):
(m) Part 10 of Schedule 4 (rates of generally abolished former widows’
benefits under section 21 of the Social Security Act 1964 as saved by
clause 55 of Schedule 1 for reciprocity agreement applicants or recipi-
ents):
(n) Part 11 of Schedule 4 (rates of generally abolished former DPB for solo
parents under section 27B of the Social Security Act 1964 as saved by
clause 55 of Schedule 1 for reciprocity agreement applicants or recipi-
ents):
(o) Part 12 of Schedule 4 (rates of benefits payable to long-term hospital
patients):
(p) Parts 1 and 2 of Schedule 5 (asset and income limits that may be applied
to certain assistance):
(q) Schedule 2 (means assessment for long-term residential care) of the
Residential Care and Disability Support Services Act 2018:
(r) Schedule 1 (New Zealand superannuation entitlements) of the New Zea-
land Superannuation and Retirement Income Act 2001.
(3) Subsection (1) applies to an item that—
(a) is any benefit, allowance, lump sum payment, subsidy rate (see subsec-
tion (6)), maximum amount of any component, maximum amount of
supplements, asset limit, income limit, income exemption, maximum
amount of advance, cash assets test, the cash assets thresholds specified
in section 423(3)(a) and (b), benefit stand-down income test, or annual
or weekly income test; and
(b) is not the rate of diminution of any benefit or allowance, or the period of
a benefit stand-down for a given income.
(4) An Order made under subsection (1)—
(a) must state the date on which it is to have effect (which may be a date
before the date on which it was made); and
(b) applies to lump sum payments on death in respect of persons who die on
or after a date specified in the Order; and
(c) applies to other items as payable or applicable on or after the date on
which the Order has effect (and see also section 454(1)(b)).
(5) Subsection (4) does not authorise any payment to be made before the date on
which the Order is made.
(6) In this section, subsidy rate means a figure that is the first percentage figure in
a particular clause of Part 7 of Schedule 4.
Compare: 1964 No 136 s 61H(1), (1A), (2), (7), Schedule 32, cl 3(6)

248
2018 No 32 Social Security Act 2018 Part 8 s 453

453 Orders in Council: mandatory annual CPI adjustment of rates of certain

benefits
(1) The rates of benefits set out in the provisions to which this subsection applies
must be adjusted, by Order in Council, as at 1 April each year so that in each
case the new rate is the rate at that date adjusted by any percentage movement
upwards in the CPI between—
(a) the CPI for the quarter ended with 31 December 1 year before the imme-
diately preceding 31 December; and
(b) the CPI for the quarter ended with the immediately preceding 31 Decem-
ber.
(2) Subsection (1) applies to the following provisions:
(a) Part 1 of Schedule 4 (rates of jobseeker support):
(b) Part 2 of Schedule 4 (rates of sole parent support):
(c) Part 3 of Schedule 4, including clause 2, but excluding clauses 3 and 4
(rates of supported living payment):
(d) Part 4 of Schedule 4 (orphan’s benefit):
(e) Part 5 of Schedule 4 (unsupported child’s benefit):
(f) Part 6 of Schedule 4, other than any rate of incentive payment in subpart
3 of Part 6 of Schedule 4 (rates and component of youth payment and
young parent payment, and criteria for incentive payments):
(g) Part 10 of Schedule 4 (rates of generally abolished former widows’
benefits under section 21 of the Social Security Act 1964 as saved by
clause 55 of Schedule 1 for reciprocity agreement applicants or recipi-
ents):
(h) Part 11 of Schedule 4 (rates of generally abolished former DPB for solo
parents under section 27B of the Social Security Act 1964 as saved by
clause 55 of Schedule 1 for reciprocity agreement applicants or recipi-
ents):
(i) Part 12 of Schedule 4 (rates of benefits payable to long-term hospital
patients).
(3) The adjustments (by any percentage movement upwards in the CPI) required
under subsection (1) as at 1 April in any year from 2018 to 2021 (inclusive)
must, despite subsections (1) and (2), be calculated,—
(a) if, and insofar as, they relate to movements during quarters that end
before 29 April 2010, using index numbers for those quarters of the
Consumers Price Index (All Groups) published by Statistics New Zea-
land; and
(b) if, and insofar as, they relate to movements during quarters that end after
28 April 2010, using index numbers for those quarters of the Consumers

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Part 8 s 454 Social Security Act 2018 2018 No 32

Price Index (All Groups Excluding Cigarettes and Other Tobacco Prod-
ucts) published by Statistics New Zealand.
(4) An adjustment under subsection (1) must not reduce the weekly amounts of
benefits payable under those schedules.
(5) Every Order in Council made under subsection (1)—
(a) comes into force or is considered to come into force on 1 April of the
calendar year in which it is made; and
(b) applies to benefits payable on and after that date.
(6) In this section, CPI means the Consumers Price Index (All Groups) published
by Statistics New Zealand.
Compare: 1964 No 136 s 61HA

Confirmable instruments
454 Certain orders are confirmable instruments
(1) This section applies to an Order in Council made under all or any of the fol-
lowing sections:
(a) section 423(1)(c) (accommodation supplement areas):
(b) section 452(1) (apart from, or with, clause 55(6) of Schedule 1).
(2) The explanatory note of the Order in Council must indicate that—
(a) it is a confirmable instrument, and an annual confirmable instrument,
under section 47B of the Legislation Act 2012; and
(b) it is revoked, or taken to have been invalid for past operation, at a time
stated in the note, unless earlier confirmed by an Act of Parliament; and
(c) the stated time is the applicable deadline under section 47C(1)(a) or (b)
of that Act.
Compare: 1964 No 136 ss 61H(3)–(6), 61HA(6), 61I(2), 61IA

Repeals and revocations

455 Social Security Act 1964 repealed
(1) The Social Security Act 1964 (1964 No 136) is repealed.
(2) Subsection (1) does not repeal sections 69FA and 132D, Part 4, and Schedules
27 and 30 of that Act (which are provisions rewritten and replaced by the Resi-
dential Care and Disability Support Services Act 2018).
(3) All regulations made by Order in Council, or other Orders in Council, made
under that Act, and in force on the commencement of this section, are revoked
by this subsection.
(4) Subsection (3) does not revoke orders saved by Schedule 1 or by Schedule 1 of
the Residential Care and Disability Support Services Act 2018.

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2018 No 32 Social Security Act 2018 Part 8 s 459

456 Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb
Service) Act 1990 repealed
(1) The Social Welfare (Reciprocity Agreements, and New Zealand Artificial
Limb Service) Act 1990 (1990 No 26) is repealed.
(2) Subsection (1) does not repeal Part 3 and Schedule 3 of that Act (which are
provisions rewritten and replaced by the Artificial Limb Service Act 2018).
(3) All regulations made by Order in Council, or other Orders in Council, made
under that Act, and in force on the commencement of this section, are revoked
by this subsection.
(4) Subsection (3) does not revoke orders saved by Schedule 1.

457 Department of Social Welfare Act 1971 repealed

(1) The Department of Social Welfare Act 1971 (1971 No 60) is repealed.
(2) Subsection (1) does not limit—
(a) section 31 (references to Child Welfare Officer to be read as references
to social workers, etc) of the Adoption Act 1955 (as inserted by Sched-
ule 10 of this Act); or
(b) clause 57 (references to Child Welfare Officers to be read as references
to social workers) of Schedule 1 of this Act.

458 Employment Services and Income Support (Integrated Administration)

Act 1998 repealed
The Employment Services and Income Support (Integrated Administration)
Act 1998 (1998 No 96) is repealed.

Consequential amendments
459 Other enactments amended consequentially
Amend the enactments listed in Schedule 10 as indicated in that schedule.

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Schedule 1 Social Security Act 2018 2018 No 32

Schedule 1
Transitional, savings, and related provisions
ss 2, 11, 132, 165, 168, 198, 389, 397,
452–457, Schedules 2, 4, 6

Contents
Page
Interpretation
1 Changeover and saved defined 255
General provisions (Part 1)
2 Ministerial directions 255
3 Determinations of conjugal status for benefit purposes 256
Assistance (Part 2)
4 Assistance continued 256
5 Conditions of entitlement under clause 4 256
6 Applications for or related to former assistance and that are made, 257
but not determined, before changeover
7 Backdating of corresponding former benefit if application made 258
under this Act after changeover
8 Jobseeker support: validation of payments when spouse’s or 258
partner’s regular support lost due to sentence of imprisonment, etc
9 Jobseeker support: validation of eligibility if temporarily engaging 259
in full-time employment with income less than would reduce
benefit to zero
10 Jobseeker support: correction of reference in saving related to 259
transfer to jobseeker support
11 Supported living payment: regulations prescribing minimum 259
expected period of restricting sickness, injury, or disability
12 Youth payment and young parent payment: incentive payments 259
regulations
13 Accommodation supplement: cash assets exemptions regulations 259
14 Accommodation supplement: regulations defining areas 260
15 Accommodation supplement: Schedule 4 amended 260
16 Saving for emergency benefit granted if analogous benefit is New 260
Zealand superannuation or veteran’s pension
17 Childcare assistance regulations 260
18 Temporary additional support regulations 261
19 Special benefit under Social Security (Working for Families) 261
Amendment Act 2004
20 Programmes of special assistance for visitors to New Zealand 261
21 Ministerial welfare programmes 261

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2018 No 32 Social Security Act 2018 Schedule 1

Obligations (Part 3)
22 Attendance of dependent child at recognised early childhood 261
education programme regulations
23 Application of work-test obligations regulations 262
24 Maximum reimbursement amounts of costs of drug test regulations 262
25 Drug-testing obligation regulations 262
26 Participation allowance regulations 262
27 Obligations exemption regulations 262
28 Obligations of spouses or partners of specified beneficiaries: 262
exception to section 166
Factors affecting benefits (Part 4)
29 Pre-benefit activities 263
30 Overseas pensions regulations, arrangements, and contracts 263
31 Loss of earnings compensation under Accident Compensation Act 263
2001
32 Effect on benefit of issue of warrant to arrest: validation about 264
modification applying when benefit suspended immediately
33 Regulations about effect on benefit of issue of warrant to arrest 264
34 Regulations about effect of absence from New Zealand 264
Enforcement: sanctions and offences (Part 5)
35 Drug-testing obligations: good and sufficient reason regulations 264
36 Good and sufficient reason: failure to comply with drug-testing 265
obligation: approvals of kinds of addiction treatment
Administration (Part 6)
37 Chief executive reviews 265
38 Elections and stand-down periods 265
39 Effect of participation in certain activities on non-entitlement 265
period
40 Expiry and regrant of specified benefits regulations and 266
exemptions
41 Payment of benefits 266
42 Budgeting activities regulations 266
43 Debts: excess amounts, regulations, determinations, etc 267
44 Deductions: deduction notices 267
45 Reciprocity agreement orders, etc 268
46 Preferred suppliers: contracts, determinations, directions, and 268
nominations
47 Administration service providers: contracts and regulations 268
48 Providers of services in relation to young people: actions between 269
15 July 2013 and changeover
49 Family Proceedings Act 1980 maintenance payable to the Crown 269

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Reviews and appeals (Part 7)

50 Benefits review committee reviews 269
51 Appeals to appeal authority 269
52 Appeals to courts 270
53 Appeals to medical board 270
Other provisions (Part 8)
54 Rates of benefits and allowances order or accommodation 271
supplement areas order
55 Reciprocity agreement applicants for, or recipients of, certain 272
DPBs for solo parents or widows’ benefits
56 Entitlement cards regulations 273
57 References to Child Welfare Officers to be read as references to 273
social workers
Schedules
58 Definition of mortgage security until commencement of Land 274
Transfer Act 2017
59 Income exemption regulations 274
60 Period of income assessment regulations 274
61 Code of conduct for requirements to give information or 274
documents
62 Information disclosure arrangements and determinations 274
63 Information disclosure: order and regulations 275
64 Saving of transfers, validations, other status, or saving effected or 275
provided for by Schedule 32 of 1964 Act
65 Validation and savings effected or provided for by Part 2 of Social 275
Security Amendment Act 2015
66 Amendments with retrospective effect in Social Security 275
(Commencement of Benefits) Amendment Act 2015
67 Assistance to financially disadvantaged persons regulations made 275
under clause 21 of Schedule 32 of 1964 Act
Regulations
68 Regulations for transitional and savings purposes 276
2016 youth services amendments
69 Clauses 70 to 76 amend this Act 277
70 Section 22 amended (When person is available for work) 277
71 Section 26 amended (Jobseeker support: ineligibility) 277
72 Section 121 amended (Persons subject to work-preparation 277
obligations)
73 Section 140 amended (Persons subject to work-test obligations) 277
74 Section 169 amended (Interpretation) 277
75 Schedule 2 amended 277
76 Schedule 6 amended 278

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2018 No 32 Social Security Act 2018 Schedule 1

Interpretation
1 Changeover and saved defined
In this schedule,—
changeover, for a provision of the Social Security Act 1964, means the time at
which the provision is repealed by section 455(1)
saved, in relation to any arrangement, contract, decision, enactment, increase,
instrument, period, reduction, or status (in each case, however described),
means—
(a) continued in force only if, and as, in force immediately before the
changeover; and
(b) continued in force under, and with all necessary modifications for, the
enactment under which it is continued; and
(c) able to be amended, revoked, or replaced, under that enactment (or by
any other enactment).

General provisions (Part 1)

2 Ministerial directions
(1) Directions given under section 5 (alone, or with 1 or more related provisions)
of the Social Security Act 1964 are saved as if given under section 7 (alone, or
with 1 or more corresponding related provisions) of this Act.
(2) Subclause (1) is subject to subclauses (3) to (5).
(3) If the directions were given for the purposes of section 125AA(5) of the Social
Security Act 1964, they are saved as if they were directions—
(a) given under section 372; and
(b) of the kind referred to in section 372(1).
(4) If the directions were given for the purposes of section 132AD(4)(c) of the
Social Security Act 1964, they are saved as if they were notices—
(a) given under regulations made under section 426; and
(b) of the kind referred to in section 426(2)(b) and (4).
(5) If the directions were given for the purposes of section 60RAB(1)(b) of the
Social Security Act 1964, they are saved as if they were notices—
(a) given under regulations made under section 430(1)(a); and
(b) of the kind referred to in section 430(2).
(6) A reference in the directions to a provision of the Social Security Act 1964 is
to be interpreted as a reference to this Act, or to the corresponding provision of
this Act, to the extent necessary to reflect sensibly the intent of the directions
(see section 9 of this Act).

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3 Determinations of conjugal status for benefit purposes

(1) This clause applies to determinations—
(a) made under section 63 of the Social Security Act 1964; and
(b) not made, or so far as they were not made, for the purposes of section
69FA or 132D, Part 4, or Schedule 27 or 30, of that Act (see clause 1 of
Schedule 1 of the Residential Care and Disability Support Services Act
2018).
(2) The determinations specified in subclause (1) are saved as if made under sec-
tion 8(2) or (4).
(3) However, the determinations specified in subclause (1) that are made under
section 63(b) of the Social Security Act 1964 continue under subclause (2) as if
they were determinations made under section 8(4).

Assistance (Part 2)
4 Assistance continued
(1) This clause applies to a person who, immediately before the changeover, was
receiving, or had been granted, a benefit, or any other assistance, under the
Social Security Act 1964 (the former assistance).
(2) The former assistance may be a benefit, or any other assistance, under the
Social Security Act 1964 (for example, special assistance under section
124(1)(d) of that Act), whether or not entitlement to that benefit or assistance
arises by virtue of an agreement or a convention given effect in relation to
New Zealand by an order made under section 19 of the Social Welfare (Reci-
procity Agreements, and New Zealand Artificial Limb Service) Act 1990.
(3) After the changeover, the person is entitled to receive the benefit, or other
assistance, under this Act that corresponds to the former assistance (the corres-
ponding assistance), and at the appropriate rate under this Act, until the cor-
responding assistance ends or expires, or is for any reason cancelled.
Examples
Former assistance Corresponding assistance
Jobseeker support on the ground of Jobseeker support on the ground of
sickness, injury, or disability health condition, injury, or disability
Supported living payment under section Supported living payment on the ground
40B on the ground of sickness, injury, of restricted work capacity or total
disability, or total blindness blindness

(4) This clause is subject to clause 5.

5 Conditions of entitlement under clause 4

(1) Entitlement to the corresponding assistance, and the rate of benefit that is being
or was paid, may be reviewed under subpart 3 of Part 6.

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2018 No 32 Social Security Act 2018 Schedule 1

(2) Entitlement to the corresponding assistance is subject to conditions, obliga-

tions, exemptions from obligations, failures, and related sanctions (for
example, reductions, suspensions, and cancellations, and disentitlements to
receive benefits for a specified period) for the former assistance and under pro-
visions of the Social Security Act 1964, and those conditions, obligations,
exemptions from obligations, failures, and related sanctions continue for the
corresponding assistance, and under the corresponding provisions of this Act.
(3) Entitlement to the corresponding assistance is subject to the expiry date of the
former assistance, and also to a notice given to, or requirement imposed on, the
person under the Social Security Act 1964 before the changeover (for example,
a notice stating that the person’s entitlement to the former assistance will cease
unless the person reapplies for the former assistance and it is regranted). The
notice or requirement continues in force after the changeover as if it had been
given or imposed under the corresponding provisions of this Act and in respect
of the corresponding assistance.
(4) Entitlement to the corresponding assistance is subject to non-entitlement
periods under the Social Security Act 1964, and those non-entitlement periods
continue for the corresponding assistance, and under the corresponding provi-
sions of this Act.
(5) Entitlement to the corresponding assistance is subject to any other reductions,
and to increases, in the rate of benefit, that were in place under the Social
Security Act 1964 (for example, under section 61EC(4)(b), 61G(6)(c), 63,
69C(4), 70(1), 70A, 71A, 73(1), 74(1), or 75 of that Act, or under a provision
of that Act requiring or permitting an income-based adjustment to a rate of
benefit).
(6) Those other reductions, and increases, are saved by this subclause as if they
were required or permitted, and put in place, under the corresponding provi-
sions of this Act, and in respect of the assistance or corresponding assistance
concerned.

6 Applications for or related to former assistance and that are made, but not
determined, before changeover
(1) This clause applies to an application—
(a) for all or any of the following under the Social Security Act 1964:
(i) a benefit, or any other assistance, under that Act (the former
assistance):
(ii) an advance payment under section 82(6) of a benefit:
(iii) an exemption under section 105 from, or deferral under sections
88H and 88I of, obligations:
(iv) a review by the chief executive under section 88F(6) of a deter-
mination under section 88F(2) (which is a determination about

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capacity to seek, undertake, and be available for part-time work);

and
(b) made, but not decided or determined, before the changeover.
(2) The former assistance may be a benefit, or any other assistance, under the
Social Security Act 1964 (for example, special assistance under section
124(1)(d) of that Act), whether or not entitlement to that benefit or assistance
arises by virtue of an agreement or a convention given effect in relation to
New Zealand by an order made under section 19 of the Social Welfare (Reci-
procity Agreements, and New Zealand Artificial Limb Service) Act 1990.
(3) After the changeover, the application is treated as one for the corresponding
benefit, other assistance, advance payment, exemption or deferral, or review,
under this Act (and, if it is for a benefit, as one for which the applicant has the
same date of first contact).

7 Backdating of corresponding former benefit if application made under this

Act after changeover
(1) This clause applies to an application—
(a) for a benefit under this Act; and
(b) made under this Act, and after the changeover; and
(c) to the extent that the benefit is under sections 317 and 318 to be backda-
ted and payable for a period ending both before the application is made
and before the changeover.
(2) MSD may, instead of backdating for that period under sections 317 and 318 the
benefit under this Act, backdate for that period and under section 80AA
or 80BA(4)(b) of the Social Security Act 1964 the corresponding former bene-
fit under that Act.

8 Jobseeker support: validation of payments when spouse’s or partner’s

regular support lost due to sentence of imprisonment, etc
(1) This clause applies to jobseeker support under the Social Security Act 1964
that was, or is yet to be, paid—
(a) to a person to whom section 20A(d) or (e) of that Act applies; and
(b) in respect of a period—
(i) on or after 15 July 2013; and
(ii) before the changeover.
(2) That jobseeker support is payable as if—
(a) the person were a single beneficiary for clauses 1(ba) and (c) and 5A of
Schedule 9 of that Act; and
(b) section 80BA(4)(b)(iv) of that Act applied to jobseeker support granted
to the person.

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9 Jobseeker support: validation of eligibility if temporarily engaging in full-

time employment with income less than would reduce benefit to zero
(1) This clause applies to the reference in section 88B(6) of the Social Security
Act 1964, as that section was in force on and after 15 July 2013 and until the
changeover, to a person receiving jobseeker support at the rate in clause 1(ab)
or (ba) of Schedule 9 of that Act.
(2) That reference must be taken to include, and to have always included, a refer-
ence to a person receiving jobseeker support at the rate in clause 1(c) of Sched-
ule 9 of that Act.

10 Jobseeker support: correction of reference in saving related to transfer to

jobseeker support
Clause 2(15) of Schedule 32 of the Social Security Act 1964 must be taken—
(a) to apply, and always to have applied, to a person to whom clause 2(9) of
that schedule applies; and
(b) not to apply, and never to have applied, to a person to whom clause 2(6)
of that schedule applies.

11 Supported living payment: regulations prescribing minimum expected

period of restricting sickness, injury, or disability
(1) This clause applies to the Social Security (Supported Living Payments Benefit)
Regulations 1998 made under section 132 of the Social Security Act 1964 for
the purposes of section 40B(2)(a) of that Act.
(2) Those regulations are saved as if made under section 418(1)(b) for the purposes
of section 35(2)(a).
(3) A sickness referred to in the regulations (as saved by this clause) is for the pur-
poses of section 35(2)(a) treated as a health condition.

12 Youth payment and young parent payment: incentive payments

regulations
(1) This clause applies to Part 1 of the Social Security (Criteria for Incentive Pay-
ments and Money Management) Regulations 2012 made under section 132 of
the Social Security Act 1964 for the purposes of sections 163(2) and 169(2) of
that Act.
(2) Those regulations are saved as if made under section 418(1)(c) and (d) for the
purposes of sections 55(1) and 62(1).

13 Accommodation supplement: cash assets exemptions regulations

(1) This clause applies to the Social Security (Income and Cash Assets Exemp-
tions) Regulations 2011 made under sections 132 and 132AA of the Social
Security Act 1964, but only so far as they declare any specified item or amount

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Schedule 1 Social Security Act 2018 2018 No 32

of cash assets, or cash assets of a specified kind, not to be cash assets for that
Act’s purposes.
(2) Those regulations are saved as if made under section 423(1)(b) for the purposes
of subpart 10 of Part 2 and Part 7 of Schedule 4.

14 Accommodation supplement: regulations defining areas

(1) This clause applies to any regulations made, before 26 November 2018, under
section 61I of the Social Security Act 1964 (as inserted by subpart 4 of Part 2
of the Families Package (Income Tax and Benefits) Act 2017).
(2) The regulations are saved as if they were made under section 423(1)(c).
(3) However, for the purposes of Schedule 2, the definition of Area 1, Area 2,
Area 3, and Area 4, paragraph (b), and of clause 15 of this schedule, the regu-
lations are taken to have commenced on 26 November 2018.
(4) This clause does not limit or affect clause 54.

15 Accommodation supplement: Schedule 4 amended

In Schedule 4, Part 7, repeal clause 8 (which defines Area 1, Area 2, Area 3,
and Area 4) on the commencement of the first regulations made under section
423(1)(c) (see also clause 14(3) of this schedule).

16 Saving for emergency benefit granted if analogous benefit is New Zealand

superannuation or veteran’s pension
(1) This clause applies to a benefit if—
(a) the benefit was an emergency benefit granted under section 61 of the
Social Security Act 1964, and payable to a person immediately before
the changeover; and
(b) the analogous benefit was determined under section 61(2) of that Act to
be New Zealand superannuation or a veteran’s pension.
(2) The benefit continues as an emergency benefit under subpart 9 of Part 2—
(a) at the rate that would apply if the analogous benefit continued to be New
Zealand superannuation or a veteran’s pension; and
(b) until the person no longer qualifies to receive the emergency benefit.
(3) Subclause (2)(a) applies even if the rate it requires is contrary to section 63(4)
(about emergency benefits not exceeding the rate of the equivalent main benefit
under this Act).

17 Childcare assistance regulations

Regulations made under section 132AC of the Social Security Act 1964 are
saved as if made under section 424.

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18 Temporary additional support regulations

Regulations made under section 132AB of the Social Security Act 1964 are
saved as if made under section 428.

19 Special benefit under Social Security (Working for Families) Amendment

Act 2004
(1) This clause applies to a special benefit—
(a) continued under section 23 of the Social Security (Working for Families)
Amendment Act 2004; and
(b) payable immediately before the changeover.
(2) The special benefit continues to be payable under that section (as saved by this
clause).
(3) This clause overrides section 455(1) (Social Security Act 1964 repealed).

20 Programmes of special assistance for visitors to New Zealand

(1) Overseas epidemic management notices given under section 61CE of the
Social Security Act 1964 are saved as if they were given under section 99.
(2) Programmes of special assistance (to visitors to New Zealand affected by over-
seas epidemics) established under section 61CF of the Social Security Act
1964 are saved as if they were programmes established under section 100.

21 Ministerial welfare programmes

(1) Welfare programmes approved and established under section 124(1)(d) of the
Social Security Act 1964 are saved as if they were special assistance pro-
grammes approved and established under section 101.
(2) A reference in the programmes to a provision of the Social Security Act 1964
is to be interpreted as a reference to this Act, or to the corresponding provision
of this Act, to the extent necessary to reflect sensibly the intent of the pro-
grammes (see section 9 of this Act).

Obligations (Part 3)
22 Attendance of dependent child at recognised early childhood education
programme regulations
(1) This clause applies to the Social Security (Social Obligations—Attendance at
Recognised Early Childhood Education Programme) Regulations 2013 made
under sections 60RA(3), 60RAB, and 132 of the Social Security Act 1964 for
the purposes of section 60RA(3)(a)(ii) and (b)(i) of that Act.
(2) Those regulations are saved as if they were made under sections 137(2) and
430(1)(b) for the purposes of sections 131(1)(b) and 132(1)(a)(ii).

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23 Application of work-test obligations regulations

(1) This clause applies to the Social Security (Application of Work Test Obliga-
tions) Regulations 2007 made under section 132 of the Social Security Act
1964 for the purposes of section 102(3)(b) of that Act.
(2) Those regulations are saved as if they were made under section 418(1)(e) for
the purposes of section 143(1)(b).

24 Maximum reimbursement amounts of costs of drug test regulations

(1) This clause applies to the Social Security (Work Test Obligations—Drug Test-
ing Obligations) Regulations 2013 made under section 132 (read in the light of
section 102C(3) and (4)) of the Social Security Act 1964, so far as they pre-
scribe maximum reimbursement amounts for the purposes of section 102C(3)
of that Act.
(2) Those regulations are saved as if they were made under section 431(c) for the
purposes of section 151.

25 Drug-testing obligation regulations

Regulations made under section 132 (read in the light of sections 88A, 102C(3)
and (4), and 116C(2)(e)) of the Social Security Act 1964 are saved as if they
were made under section 418(1)(f), (g), and (h) for the purposes of the defini-
tions in section 152 of evidential drug test, pass, and screening drug test.

26 Participation allowance regulations

Regulations made under section 132F of the Social Security Act 1964 are
saved as if they were made under section 429.

27 Obligations exemption regulations

Regulations made under section 123D of the Social Security Act 1964 are
saved as if they were made under section 431(e).

28 Obligations of spouses or partners of specified beneficiaries: exception to

section 166
(1) This clause applies to a young person—
(a) who is the parent or step-parent of a dependent child or dependent chil-
dren; and
(b) who is the spouse or partner of a specified beneficiary (as defined in sec-
tion 157 of the Social Security Act 1964 as in force immediately before
8 July 2016) who is aged 20 years or older; and
(c) who, immediately before 8 July 2016 (the date on which section 25 of
the Social Security (Extension of Young Persons Services and Remedial
Matters) Amendment Act 2016 came into force), is aged 19 years.

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(2) The young person is not subject to the obligations specified in section 166 of
this Act.
(3) This clause applies despite section 166 of this Act, and does not affect the oper-
ation, before the changeover, of clause 26(3) and (4) of Schedule 32 of the
Social Security Act 1964.

Factors affecting benefits (Part 4)

29 Pre-benefit activities
(1) Requirements and determinations made under section 11E(2) of the Social
Security Act 1964 are saved as if they were made under section 184.
(2) Regulations made under section 132J of the Social Security Act 1964 are saved
as if they were made under section 432.

30 Overseas pensions regulations, arrangements, and contracts

(1) Regulations made under section 132C of the Social Security Act 1964 are
saved as if they were made under section 434.
(2) Arrangements entered into under section 70(3)(a) of the Social Security Act
1964 are saved as if they were entered into under section 190 and in accord-
ance with regulations made under section 434.
(3) Contracts entered into under section 70(3A) of the Social Security Act 1964 are
saved as if they were entered into for the purpose of implementing—
(a) arrangements saved by subclause (2); and
(b) arrangements entered into under section 190 and in accordance with
regulations made under section 434.

31 Loss of earnings compensation under Accident Compensation Act 2001

Section 198(2) does not apply if—
(a) a person (P) mentioned in section 198(1)(a) is entitled to receive, and is
receiving, a specified benefit as defined in section 198(3); and
(b) P was immediately before 1 July 1999 receiving a benefit under the
Social Security Act 1964 that is the same as, or that corresponds to, the
specified benefit, and is identified in section 71A(1) of that Act as an
income-tested benefit to which section 71A of that Act applies; and
(c) P was immediately before 1 July 1999 receiving compensation for loss
of earnings or loss of potential earning capacity under the Accident
Rehabilitation and Compensation Insurance Act 1992; and
(d) section 71A(2) of the Social Security Act 1964 (as that section was
before it was repealed and substituted by the Accident Insurance
Act 1998) required the compensation payments to be brought to charge
as income in the assessment of P’s income-tested benefit under that Act.
Compare: 1964 No 136 s 71A(4)

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Schedule 1 Social Security Act 2018 2018 No 32

32 Effect on benefit of issue of warrant to arrest: validation about

modification applying when benefit suspended immediately
(1) This clause applies to section 75B(9)(b) of the Social Security Act 1964 as in
force on and after 15 July 2013 and until the changeover.
(2) By way of explanation, that section 75B(9)(b) provides that section 120 of that
Act (modified effect in some cases of sanctions on rate of benefit for people
married or in civil union or de facto relationship) applies to a benefit that is
suspended under section 75B(7) of that Act, as if the benefit had been suspen-
ded under section 117 of that Act (sanctions that may be imposed for failures).
(3) That section 75B(9)(b) must be taken to include, and to have always included,
a provision to the effect that section 120 of the Social Security Act 1964 (as
applied by that section 75B(9)(b)) does not apply—
(a) if the person whose benefit is suspended under section 75B(7) is not
receiving a main benefit under this Act (as defined in section 3(1) of that
Act); or
(b) if the spouse or partner of the person whose benefit is suspended under
section 75B(7) is receiving a main benefit under this Act (as so defined)
in the spouse’s or partner’s own right.

33 Regulations about effect on benefit of issue of warrant to arrest

Regulations made under section 132L of the Social Security Act 1964 are
saved as if they were made under section 435.

34 Regulations about effect of absence from New Zealand

(1) This clause applies to the Social Security (Effect of Absence of Beneficiary
from New Zealand) Regulations 2013 made under section 132 of the Social
Security Act 1964 for the purposes of section 77 of that Act.
(2) Those regulations are saved as if they were made under section 436 for the pur-
poses of section 219.

Enforcement: sanctions and offences (Part 5)

35 Drug-testing obligations: good and sufficient reason regulations
(1) This clause applies to the Social Security (Work Test Obligations—Drug Test-
ing Obligations) Regulations 2013 made under section 132 (read in the light of
section 116C(2)(e)) of the Social Security Act 1964, so far as they prescribe a
ground on which a beneficiary may for the purposes of section 116B of that
Act have a good and sufficient reason for specified failures.
(2) Those regulations are saved as if they were made under section 418(1)(j) for
the purposes of section 250(1)(e).

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36 Good and sufficient reason: failure to comply with drug-testing obligation:

approvals of kinds of addiction treatment
Approvals under section 116C(2)(b)(iii) of the Social Security Act 1964 are
saved as if they were given under section 250(2)(c).

Administration (Part 6)
37 Chief executive reviews
(1) Subpart 3 of Part 6, and all related provisions, of this Act apply (with all neces-
sary modifications), and section 81 of the Social Security Act 1964 does not
apply, to a benefit granted before the changeover (whether or not the benefit is
continued under clause 4), if the chief executive—
(a) immediately before the changeover could have begun under section 81
of the Social Security Act 1964 (apart from, or with, section 124(2) and
(2A) of that Act) a review of the benefit; and
(b) did not begin, before the changeover, and under section 81 of the Social
Security Act 1964, a review of the benefit.
(2) Reviews by the chief executive begun under section 81 of the Social Security
Act 1964 (apart from, or with, section 124(2) and (2A) of that Act), and not
withdrawn or completed at the changeover, may be continued or completed by
MSD as if they were reviews under subpart 3 of Part 6 (review of entitlement
to, or rate of, benefit granted).
(3) Requirements made under section 81(1) of the Social Security Act 1964 to pro-
vide information, if not withdrawn and not met at the changeover, are saved as
if they were requirements made under section 305(1) (information for review).
(4) Suspensions, terminations, or variations of rate, of benefit, and effected under
section 81(1) of the Social Security Act 1964 are saved as if they were equiva-
lent suspensions, cancellations, or variations, effected under section 305(2)
(information for review).

38 Elections and stand-down periods

Elections and stand-down periods under section 80BA of the Social Security
Act 1964 are saved as if they were (as the case requires)—
(a) elections for the purposes of regulations made under section 440(2)(f);
or
(b) stand-down periods under section 316.

39 Effect of participation in certain activities on non-entitlement period

Approvals of activities, if given under section 123B of the Social Security
Act 1964, are saved as if they were given under section 324.

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40 Expiry and regrant of specified benefits regulations and exemptions

(1) The Social Security (Expiry and Re-grant of Specified Benefits) Regulations
2013 made under section 132M of the Social Security Act 1964 are saved as if
they were regulations made under section 441 for the purposes of sections 331,
334, and 336.
(2) An exemption under section 80BE(8) of the Social Security Act 1964 is saved
as if it were an exemption under section 334(1) and (2).

41 Payment of benefits
(1) Directions given under paragraph (a) of the proviso to section 82(3) of the
Social Security Act 1964 are saved as if they were decisions by MSD to make
payments under section 339(1)(a) or (b).
(2) Directions given under paragraph (b) of the proviso to section 82(3) of the
Social Security Act 1964 are saved as if they were decisions by MSD to make
payments under section 339(1)(c).
(3) Part 2 (Money management) of the Social Security (Criteria for Incentive Pay-
ments and Money Management) Regulations 2012 made under section 132 of
the Social Security Act 1964 for the purposes of sections 179 and 180 of that
Act is saved as if that Part were made under section 418(1)(k) and (l) for the
purposes of sections 341(1) and (3)(d), 342(1)(b), and 344(2).
(4) Determinations made under section 82(4) of the Social Security Act 1964 are
saved as if they were made under section 340.
(5) Decisions made under section 82(6) of the Social Security Act 1964 to make an
advance payment of a benefit are saved as if made under section 347.
(6) The Social Security (Advance Payment of Benefit) Regulations 2010, so far as
they were made under section 132K(1)(a) of the Social Security Act 1964, are
saved as if made under section 446 for the purposes of section 347.
(7) Decisions made under section 82(6AA) to (6AC) of the Social Security Act
1964 to make an advance payment of a benefit to a preferred supplier of goods
or services (including nominations given under section 82(6AB) of that Act—
see clause 46(4)) are saved as if they were made under section 368.
(8) Redirection arrangements made under section 82(6F) and (6G) of the Social
Security Act 1964 are saved as if they were payments authorised by regulations
made under section 442(2)(c).

42 Budgeting activities regulations

(1) This clause applies to the Social Security (Advance Payment of Benefit) Regu-
lations 2010, so far as they were made under section 132K(1)(b) and (c) of the
Social Security Act 1964.
(2) Those regulations are saved as if they were made under section 447 for the pur-
poses of section 348.

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43 Debts: excess amounts, regulations, determinations, etc

(1) This Act (for example, MSD’s duty under section 362 to recover debts) applies
to debts due to the Crown under the Social Security Act 1964, and that at the
changeover are not yet recovered, as if they were specified in this Act, or in
regulations made under this Act, as debts due to the Crown.
(2) Regulations made under section 444 apply to, or in respect of, an amount that a
person has obtained or received—
(a) in excess of the amount to which the person is by law entitled or to
which the person has no entitlement; and
(b) before or after the commencement of this clause.
(3) Regulations (providing for remittance or suspension of debt) made under sec-
tion 132G of the Social Security Act 1964 are saved as if they were made
under section 448.
(4) Method of recovery determinations under section 86(1BA)(a) of the Social
Security Act 1964 are saved as if they were made under regulations made
under section 444.
(5) Temporary deferral decisions under section 86(1BA)(b) of the Social Security
Act 1964 are saved as if they were made under regulations made under section
444.
(6) Directions given under section 86(1BC) of the Social Security Act 1964 are
saved as if they were given under regulations made under section 444.
(7) Assessments made under section 86(4) or (5) of the Social Security Act 1964
are saved as if they were made under regulations made under section 444.
(8) Written notices of assessments given under section 86(7) of the Social Security
Act 1964, if served, are saved as if given and served under regulations made
under section 444.
(9) Applications made under section 86(7) of the Social Security Act 1964, if
made and not withdrawn or finally determined before the changeover, continue
with all necessary modifications as if they were applications made under regu-
lations made under section 444.

44 Deductions: deduction notices

(1) Deduction notices issued under section 86A of the Social Security Act 1964 are
saved as if they were issued under regulations made under section 444.
(2) Applications made to the District Court under section 86H of the Social Secur-
ity Act 1964, if not withdrawn or finally determined before the changeover,
continue with all necessary modifications as if they were applications made
under regulations made under section 444.

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45 Reciprocity agreement orders, etc

(1) Orders made under section 19 of the Social Welfare (Reciprocity Agreements,
and New Zealand Artificial Limb Service) Act 1990 are saved as if they were
made under section 380.
(2) Reciprocity agreements entered into under sections 19A to 19C of the Social
Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service)
Act 1990, if in force at the changeover, continue in force with all necessary
modifications as if entered into under regulations made under section 450.
(3) Agreements under section 19C(1)(d) of the Social Welfare (Reciprocity Agree-
ments, and New Zealand Artificial Limb Service) Act 1990 between the com-
petent institutions of the parties, if in force at the changeover, continue in force
with all necessary modifications as if entered into under regulations made
under section 450.
(4) Actions (recovery of social security debts, exchanges of information, and
adverse actions in respect of discrepancies produced by information received)
under section 19D of the Social Welfare (Reciprocity Agreements, and New
Zealand Artificial Limb Service) Act 1990, if begun but incomplete at the
changeover, may be continued and completed under regulations made under
section 450 (which apply with all necessary modifications).

46 Preferred suppliers: contracts, determinations, directions, and

nominations
(1) Contracts entered into under section 125AA(3) of the Social Security Act 1964
are saved as if they were entered into under section 366.
(2) Determinations made under section 125AA(1) of the Social Security Act 1964
are saved as if they were made under section 367.
(3) Directions given under sections 5 and 125AA(5) of the Social Security Act
1964 are, under clause 2(3) of this schedule, saved as if they were directions—
(a) given under section 372; and
(b) of the kind referred to in section 372(1).
(4) Nominations given under section 69C(7B) and (7BA), 82(6AB) and (6AC),
or 124(1BB) and (1BBA) of the Social Security Act 1964 are saved as if they
were given under section 368(2) and (5).
(5) Determinations made under section 69C(7C) of the Social Security Act 1964
are saved as if they were made under section 370.

47 Administration service providers: contracts and regulations

(1) Contracts entered into under section 125A(1) of the Social Security Act 1964
are saved as if they were entered into under section 373(1).
(2) Parts 1 and 1A of the Social Security (Contracts and Information Sharing with
Service Providers) Regulations 2012 made under section 132 (for the purposes

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of sections 125A(1)(b) and 125B(1)(c)) of the Social Security Act 1964 are
saved as if those Parts were made under sections 373(1)(a)(ii) and (b),
374(1)(c), and 418(1)(m) and (n).

48 Providers of services in relation to young people: actions between 15 July

2013 and changeover
Section 125G of the Social Security Act 1964 must be taken to have applied,
on and after 15 July 2013 and until the changeover, only to a contracted service
provider contracted under section 125A(1)(a) of that Act to provide services
that, in relation to young people, are—
(a) services of the kind referred to in section 123E(a) of that Act; or
(b) services in relation to Part 5 of that Act.

49 Family Proceedings Act 1980 maintenance payable to the Crown

Section 61CA of the Social Security Act 1964, as in force at the changeover,
continues in force (as if it had not been repealed) for the purposes of the recov-
ery by the beneficiary, or the chief executive, on behalf of the Crown, and the
payment to the Crown, of any maintenance debt (as defined in section 61CA
(1) of that Act).

Reviews and appeals (Part 7)

50 Benefits review committee reviews
(1) Subpart 2 of Part 7 applies (with all necessary modifications), and the provi-
sions of the Social Security Act 1964 about reviews by a benefits review com-
mittee do not apply, to a decision made before the changeover, and made in
relation to a person who, or made in relation to an estate whose personal repre-
sentative,—
(a) immediately before the changeover could have begun under section 10A
of that Act (within a specified, or a further allowed, period) a review of
the decision; and
(b) before the changeover did not begin under section 10A of that Act a
review of the decision.
(2) Reviews begun under section 10A of the Social Security Act 1964 and not
withdrawn or completed at the changeover must be completed under subpart 2
of Part 7.
(3) For the purpose of subclause (2), every benefits review committee under sec-
tion 10A of the Social Security Act 1964 and existing at the changeover con-
tinues as if it were established under Schedule 7.

51 Appeals to appeal authority

(1) Subpart 3 of Part 7 applies (with all necessary modifications), and the provi-
sions of the Social Security Act 1964 about appeals to the Social Security

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Appeal Authority do not apply, to a decision made before the changeover, and
made in relation to an applicant, a beneficiary, or any other person who, or
made in relation to an estate whose personal representative,—
(a) immediately before the changeover could have begun under sections 12J
and 12K of that Act (within a specified, or a further allowed, period)
an appeal against the decision; and
(b) before the changeover did not begin under sections 12J and 12K of that
Act an appeal against the decision.
(2) Appeals begun under section 12K of the Social Security Act 1964 and not
withdrawn or finally determined at the changeover must be completed under
subpart 3 of Part 7.
(3) Every appeal authority established by or under section 12A or 12D of the
Social Security Act 1964 and existing at the changeover continues as if it were
established by or under Schedule 8.
(4) Despite subclause (3), members of a special appeal authority under section 12D
of the Social Security Act 1964 who hold office at the changeover—
(a) have no maximum term of office under clause 4(3)(a) of Schedule 8; and
(b) cease to hold office only under clause 3 of Schedule 8 and by death, res-
ignation, or removal from office.

52 Appeals to courts
(1) Subpart 4 of Part 7 applies (with all necessary modifications), and the provi-
sions of the Social Security Act 1964 about appeals to courts do not apply, to a
determination made before the changeover, if a party to the proceedings that
resulted in the determination,—
(a) immediately before the changeover could have begun under section
12Q, 12R, or 12S of that Act (within a specified, or a further allowed,
period) an appeal against the determination; and
(b) before the changeover did not begin under section 12Q, 12R, or 12S of
that Act an appeal against the determination.
(2) Appeals begun under sections 12Q to 12S of the Social Security Act 1964 and
not withdrawn or finally determined at the changeover must be completed
under subpart 4 of Part 7.

53 Appeals to medical board

(1) Subpart 5 of Part 7 applies (with all necessary modifications), and the provi-
sions of the Social Security Act 1964 about appeals to the Medical Board do
not apply, to a decision made before the changeover, if an applicant or a benefi-
ciary—

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(a) immediately before the changeover could have begun under section 10B
of that Act (within a specified, or a further allowed, period) an appeal
against the decision; and
(b) before the changeover did not begin under section 10B of that Act an
appeal against the decision.
(2) Appeals begun under section 10B of the Social Security Act 1964 and not
withdrawn or finally determined at the changeover must be completed under
subpart 5 of Part 7.
(3) For the purpose of subclause (2), every medical board established under section
10B of the Social Security Act 1964 continues after the changeover as if it
were established under Schedule 9.

Other provisions (Part 8)

54 Rates of benefits and allowances order or accommodation supplement
areas order
(1) This clause applies to an order made on or after the day after the date on which
this Act receives the Royal assent and made before or on 25 November 2018
that is all or any of the following:
(a) an order—
(i) made under section 61H(1) (apart from, or with, clause 3(6) of
Schedule 32) of the Social Security Act 1964; and
(ii) making amendments to that Act with effect before 26 Novem-
ber 2018:
(b) an order—
(i) made under section 61HA(2) (apart from, or with, clause 3(6) of
Schedule 32) of the Social Security Act 1964; and
(ii) making amendments to that Act with effect on 1 April 2018:
(c) an order—
(i) made under section 61I(1) of the Social Security Act 1964; and
(ii) making amendments to that Act, or defining in regulations Area 1,
Area 2, Area 3, and Area 4 for the purposes of Part 1K and Sched-
ule 18 of that Act, with effect before 26 November 2018.
(2) The order is a confirmable instrument, and an annual confirmable instrument,
under section 47B of the Legislation Act 2012, and section 454(2) of this Act
applies to it, as if it were made under all or any of the following sections:
(a) section 423(1)(c) of this Act:
(b) section 452(1) (apart from, or with, clause 55(6) of Schedule 1) of this
Act.

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55 Reciprocity agreement applicants for, or recipients of, certain DPBs for

solo parents or widows’ benefits
Reciprocity agreement applicants may be granted former benefit as if it had not
been abolished
(1) This subclause applies to a widow or widower who, immediately before
15 July 2013, was ordinarily resident in New Zealand or an overseas country
and had made an application pursuant to an agreement or convention given
effect in relation to New Zealand by an Order in Council made pursuant to sec-
tion 19 of the Social Welfare (Transitional Provisions) Act 1990 for, and had
entitlement to, but had not yet in response to the application been granted,—
(a) a widow’s benefit under section 21 of the Social Security Act 1964; or
(b) a domestic purposes benefit under section 27B of the Social Security Act
1964 for an applicant (as defined in section 27B(1)(f) of that Act).
(2) A widow or widower to whom subclause (1) applies may be granted the benefit
in subclause (1)(a) or (b) (as the case requires) as if that benefit had not been
abolished (by clause 2(1) of Schedule 32 of the Social Security Act 1964) and
as if the provisions on that benefit had not been repealed, and if granted to the
widow or widower that benefit commences as it would have done had those
provisions not been repealed, and continues so long as—
(a) the widow or widower continues to meet the conditions of entitlement to
that benefit in those provisions; and
(b) the agreement or convention, or any replacement agreement or conven-
tion, continues in force in relation to New Zealand; and
(c) the widow or widower continues to be ordinarily resident in New Zea-
land or the overseas country to which that agreement or convention
applies.
Reciprocity agreement recipients’ entitlement continues as if former benefits
not abolished
(3) This subclause applies to a person who, immediately before 15 July 2013, was
ordinarily resident in an overseas country and was receiving, or was granted
and entitled to receive, pursuant to an agreement or a convention given effect
in relation to New Zealand by an Order in Council made pursuant to section 19
of the Social Welfare (Transitional Provisions) Act 1990,—
(a) a widow’s benefit under section 21 of the Social Security Act 1964; or
(b) a domestic purposes benefit under section 27B of the Social Security Act
1964 for an applicant (as defined in section 27B(1)(f) of that Act).
(4) Subclause (3) applies to a person even if the benefit in subclause (3)(a) or (b)
was, immediately before 15 July 2013, 100% reduced or suspended under sec-
tion 117 or another provision of the Social Security Act 1964, but in that case
no benefit of the person that is continued by subclause (5) commences until the

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suspension or reduction would have ended, or the benefit in subclause (3)(a) or

(b) would otherwise have become payable again.
(5) A person to whom subclause (3) applies is, subject to subclause (4) and to a
review under subpart 3 of Part 6, entitled to the benefit in subclause (3)(a) or
(b) (as the case requires) as if that benefit had not been abolished and as if the
provisions on that benefit had not been repealed, and that benefit continues so
long as—
(a) the person continues to meet the conditions of entitlement to that benefit
in those provisions; and
(b) the agreement or convention, or any replacement agreement or conven-
tion, continues in force in relation to New Zealand; and
(c) the person continues to be ordinarily resident in New Zealand or the
overseas country to which that agreement or convention applies.
Alteration, and annual CPI adjustment, of rates of saved former benefits
(6) Sections 452 and 453 authorise amendments and require adjustments to Parts
11 and 12 of Schedule 4.

56 Entitlement cards regulations

Regulations made under section 132A of the Social Security Act 1964 are
saved as if they were made under section 437.

57 References to Child Welfare Officers to be read as references to social

workers
(1) Every reference in any enactment, regulation, rule, order, agreement, deed,
instrument, application, notice, licence, or other document in force on
1 April 1972 to a Child Welfare Officer must after 31 March 1972 be read as a
reference to a social worker.
(2) Subclause (1) applies—
(a) subject to the amendments made by sections 15 to 29 of the Department
of Social Welfare Act 1971; and
(b) unless the context otherwise requires.
(3) This clause does not limit the operation of section 30(a) to (c) of the Depart-
ment of Social Welfare Act 1971 (which related to references to the Minister of
Social Security, to the Social Security Department or to the Child Welfare Div-
ision of the Department of Education, or to the Superintendent or Deputy
Superintendent of Child Welfare) at any time or times—
(a) on or after 1 April 1972; and
(b) before their repeal, on 1 October 1999, by section 14(a) of the Depart-
ment of Child, Youth and Family Services Act 1999.
Compare: 1971 No 60 s 30(d)

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Schedules
58 Definition of mortgage security until commencement of Land Transfer
Act 2017
(1) This clause applies to the reference—
(a) in Schedule 2, the definition of mortgage security (a definition for the
purposes of subpart 10 of Part 2 and Part 7 of Schedule 4 (accommoda-
tion supplement)), paragraph (b); and
(b) to subpart 6 of Part 3 of the Land Transfer Act 2017.
(2) Until the commencement of the item in Part 1 of Schedule 2 of the Land Trans-
fer Act 2017 relating to the Social Security Act 1964, section 61E(1), definition
of owner, paragraph (c), the reference to which this clause applies must be read
as a reference to Part 7A of the Land Transfer Act 1952.

59 Income exemption regulations

(1) This clause applies to the Social Security (Income and Cash Assets Exemp-
tions) Regulations 2011 made under sections 132 and 132AA of the Social
Security Act 1964, but only so far as they declare any specified item or amount
of income, or income from a specified source, not to be income for that Act’s
purposes.
(2) Those regulations are saved as if they were made under section 422 for the pur-
poses of clause 9 of Schedule 3.

60 Period of income assessment regulations

(1) This clause applies to the Social Security (Period of Income Assessment)
Regulations 1996 made under section 132, and for the purposes of section
64(2A), of the Social Security Act 1964.
(2) Those regulations are saved as if they were made under section 418(1)(o) for
the purposes of paragraph (b) of the definition of appropriate number of weeks
in clause 11 of Schedule 3.

61 Code of conduct for requirements to give information or documents

The code of conduct issued under sections 11(1), 11B, and 11C of the Social
Security Act 1964 is saved as if it had been issued under clauses 2(4), 4, 8, and
9 of Schedule 6 (code of conduct for information or documents requirements).

62 Information disclosure arrangements and determinations

Arrangements or determinations made under section 126A, 126AB, or 126AC
of the Social Security Act 1964 are saved as if they were arrangements or
determinations made under (as the case requires) clause 13, 14, or 15 of Sched-
ule 6.

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63 Information disclosure: order and regulations

(1) The Social Security (Youth Support—Authorised Agencies) Order 2012 made
under section 125D of the Social Security Act 1964 is saved as if it were made
under clause 18 of Schedule 6.
(2) The Social Security (Contracts and Information Sharing with Service Provid-
ers) Regulations 2012 (except Parts 1 and 1A) made under section 125C of the
Social Security Act 1964 are saved as if they were made under clause 20(2) of
Schedule 6 and section 418(1)(q).

64 Saving of transfers, validations, other status, or saving effected or

provided for by Schedule 32 of 1964 Act
The repeal, by section 455(1) of this Act, of Schedule 32 of the Social Security
Act 1964, does not affect a transfer, validation, other status, or other saving
effected or provided for by that schedule.
Examples
The transfers effected by clauses 2, 4, 7, 8, 21, and 24 of Schedule 32 of the
Social Security Act 1964.
The validations effected by clauses 21 to 23 of Schedule 32 of the Social Security
Act 1964.
A saving of failures and sanctions provided for by clause 15 of Schedule 32 of the
Social Security Act 1964.
A saving (of an information-sharing agreement made under section 123F of the
Social Security Act 1964, and made before 8 July 2016 (the date on which sec-
tion 18(1) of the Social Security (Extension of Young Persons Services and
Remedial Matters) Amendment Act 2016 came into force)) provided for by
clause 25 of Schedule 32 of the Social Security Act 1964.

65 Validation and savings effected or provided for by Part 2 of Social Security

Amendment Act 2015
The repeal, by section 455(1) of this Act, of the Social Security Amendment
Act 2015, does not affect the validation and savings effected or provided for by
Part 2 of that Act.

66 Amendments with retrospective effect in Social Security (Commencement

of Benefits) Amendment Act 2015
The repeal, by section 455(1) of this Act, of the Social Security (Commence-
ment of Benefits) Amendment Act 2015, does not affect the operation of any
amendment made by, or saving or other provision of, that Act.

67 Assistance to financially disadvantaged persons regulations made under

clause 21 of Schedule 32 of 1964 Act
(1) This clause applies to regulations (for provision of financial assistance to finan-
cially disadvantaged persons)—

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(a) made under clause 21 of Schedule 32 of the Social Security Act 1964;
and
(b) in force at the changeover.
(2) Those regulations continue in force with all necessary modifications for the
purposes of the corresponding provisions of this Act, and may be amended,
revoked, or replaced, as if clause 21 of Schedule 32 of that Act had not been
repealed by section 455(1).

Regulations
68 Regulations for transitional and savings purposes
(1) The Governor-General may, by Order in Council made on the Minister’s rec-
ommendation, make regulations prescribing transitional provisions, savings
provisions, or both, for either or both of the following purposes:
(a) facilitating or ensuring the orderliness of the transition to this Act from
the former enactments specified in section 9(1):
(b) ensuring that existing rights or obligations continue as part of, or despite,
that transition.
(2) The Minister must not recommend the making of regulations made under sub-
clause (1) unless satisfied that those regulations—
(a) are reasonably necessary for either or both of the purposes in sub-
clause (1)(a) and (b); and
(b) are consistent with the purposes of this Act.
(3) The transitional provisions or savings provisions prescribed by regulations
made under subclause (1) may be provisions in addition to or instead of all
other provisions of this schedule (except validation provisions and clauses 69
to 76), and may—
(a) provide that, for a transitional period, in any circumstances, or subject to
any conditions, specified in the regulations, 1 or more provisions
(including definitions) of this Act do not apply, or apply with modifica-
tions or additions:
(b) provide that, for a transitional period, in any circumstances, or subject to
any conditions, specified in the regulations, 1 or more provisions
repealed, amended, or revoked by this Act are to continue to apply, or
apply with modifications or additions, as if they had not been repealed,
amended, or revoked:
(c) provide for any other matter necessary for either or both of the purposes
in subclause (1)(a) and (b).
(4) Regulations made under this clause cannot be made after, and are revoked by
this clause on, the beginning of 26 November 2021.
Compare: 1964 No 136 Schedule 32 cl 17

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2016 youth services amendments

69 Clauses 70 to 76 amend this Act
Clauses 70 to 76 amend this Act.

70 Section 22 amended (When person is available for work)

Replace section 22(b) with:
(b) would satisfy paragraph (a) were it not for circumstances that would
qualify P for—
(i) an exemption under the regulations referred to in section 157 from
some or all of the work-test obligations; or
(ii) a deferral of work-test obligations under the regulations referred
to in section 155; or

71 Section 26 amended (Jobseeker support: ineligibility)

In section 26(a), after “unless P is eligible under section 25”, insert “or P’s
work-test obligations are deferred under the regulations referred to in sec-
tion 155 or P is granted an exemption from some or all of P’s obligations under
the regulations referred to in section 157”.

72 Section 121 amended (Persons subject to work-preparation obligations)

In section 121(d)(ii), replace “166 or 167” with “166, 167, or 168”.

73 Section 140 amended (Persons subject to work-test obligations)

In section 140(1)(c)(ii), replace “166 or 167” with “166, 167, or 168”.

74 Section 169 amended (Interpretation)

In section 169, replace “167” with “168”.

75 Schedule 2 amended
(1) In Schedule 2, definition of incentive payment,—
(a) after “62,”, insert “165,”; and
(b) after “167,”, insert “168,”.
(2) In Schedule 2, insert in its appropriate alphabetical order:
risk of long-term welfare dependency, in relation to a person, and for the pur-
poses of clause 16 of Schedule 6, means the risk that the person—
(a) will, for an indefinite period, not be able to obtain full-time employment;
and
(b) will be likely to remain wholly or largely dependent for the person’s
financial support on all or part of a main benefit under this Act

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(3) In Schedule 2, replace the definition of risk of long-term welfare dependency

with:
risk of long-term welfare dependency,—
(a) in relation to a person, and for the purposes of clause 16 of Schedule 6,
means the risk that the person—
(i) will, for an indefinite period, not be able to obtain full-time
employment; and
(ii) will be likely to remain wholly or largely dependent for the per-
son’s financial support on all or part of a main benefit under this
Act; but
(b) is defined in section 165(9) for the purposes of section 165; and
(c) is defined in section 168(8) for the purposes of section 168
(4) In Schedule 2, definition of young person, paragraph (b)(iii),—
(a) replace “section 167” with “section 166 or 167”; and
(b) replace “section 167(6)” with “section 165(5) or 167(6) or 168(5)”.

76 Schedule 6 amended
(1) In Schedule 6, clause 16(1), after “section 365(1)(a)”, insert “or assessing
young people’s risk of long-term welfare dependency (as that risk is defined in
Schedule 2)”.
(2) In Schedule 6, replace clause 16(2)(a) with:
(a) may provide to MSD any information to which subclause (1) applies and
that the chief executive of the Ministry of Education considers—
(i) may facilitate the provision by MSD of services of a kind
described in section 365(1)(a); or
(ii) is required for the assessment of the young people’s risk of long-
term welfare dependency; and

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Schedule 2
Dictionary
ss 4, 5, 6, 141, 168, 187, 222, 271, 282,
313, 324, 351, 418, 423, 452, Schedules 1,
4, 6
In this Act, unless the context otherwise requires,—
abatement rate means the rate at which a rate of benefit (for example, specified in
Schedule 4) must, under the appropriate income test, be reduced on account of
income
accommodation costs—
(a) is defined in section 65(2) for the purposes of subpart 10 of Part 2 and Part 7 of
Schedule 4 (accommodation supplement); and
(b) is defined in section 162 (obligations of young person granted youth support
payment) for the purposes of that section; but
(c) is modified, for both of those purposes, by clause 18 of Schedule 3 (how
accommodation costs affected by debt insurance payment in relation to mort-
gage security)
action or inaction on MSD’s part, in section 318, includes the meaning given to it
by section 318(3)
activity in the community means an activity associated with a community project
under the supervision of a sponsor who is contracted by MSD to provide the activity
addiction treatment is defined in section 250(2) for the purposes of section 250(1)
advantage is defined in section 290(3) for the purposes of section 290
allowable costs is defined in section 98 for the purposes of subpart 16 of Part 2 and
section 428(2)(c)
appeal authority or authority means an authority that is—
(a) the social security appeal authority established under section 401(1) and clause
1 of Schedule 8; or
(b) a special social security appeal authority established under section 401(1) and
clause 4 of Schedule 8
applicant,—
(a) in relation to a benefit,—
(i) means a person by whom or on whose behalf an application is made for
the benefit; and
(ii) if the context so requires, includes a beneficiary; but
(b) in subpart 16 of Part 2 and section 428, is modified by section 98
application means an application for a benefit

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apportioned, in relation to a benefit, and for the purposes of sections 38, 359, 361,
391, and 399, means apportioned under regulations made under section 442(1), (2)(e),
and (3)
appropriate number of weeks is defined in clause 11 of Schedule 3 for the purposes
of clauses 12 to 14 of Schedule 3
approved activities is defined in section 324(1) for the purposes of section 324
approved early childhood education programme—
(a) is defined in regulations made under section 430 for the purposes of sections
131 to 134 (see also sections 137 and 424(a)(ii) and clause 4 of Schedule 1);
and
(b) is defined in section 169 for the purposes of sections 164 to 167
approved period of employment is defined in section 323(3) for the purposes of
section 323(2)
approved training is defined in section 162(3) for the purposes of sections 162, 166,
and 167
approved weekly accommodation is defined in section 78(2) for the purposes of
section 78(1)
Area 1, Area 2, Area 3, and Area 4—
(a) are defined in regulations made under section 423 for the purposes of subpart
10 of Part 2 and Part 7 of Schedule 4 (accommodation supplement); but
(b) until the commencement of the first regulations made under that section, refer
to the terms defined in clause 8 of Part 7 of Schedule 4
assessable estate is defined in section 90(2) for the purposes of subpart 15 of Part 2
(funeral grants)
bank account is defined in section 111(2) for the purposes of section 111(1)
base rate, of accommodation supplement, has the meaning given to it by regulations
made under section 423(1)(d)
beneficiary—
(a) means a person who is—
(i) a person who has been granted a benefit; or
(ii) a person in respect of whom a benefit, or part of a benefit, has been
granted; but
(b) is defined in clause 13(6) of Schedule 6 for the purposes of clause 13 of Sched-
ule 6
benefit—
(a) means any of the following:
(i) a monetary benefit payable under this Act (including, without limitation,
payable under a reciprocity agreement adopted by an order made under

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section 380) other than a funeral grant lump sum payable under section
90:
Examples
Jobseeker support
Sole parent support
Supported living payment on the ground of restricted work capacity or total
blindness
Supported living payment on the ground of caring for another person
Orphan’s benefit
Unsupported child’s benefit
Youth payment
Young parent payment
Incentive payment
Emergency benefit
Accommodation supplement
Winter energy payment
Childcare assistance
Child disability allowance
Disability allowance
Temporary additional support

(ii) a special benefit continued under section 23 of the Social Security

(Working for Families) Amendment Act 2004 (as that section is saved
by clause 19 of Schedule 1 of this Act):
(iii) New Zealand superannuation (including, without limitation, New Zea-
land superannuation payable under a reciprocity agreement adopted by
an order made under section 380):
(iv) a veteran’s pension (including, without limitation, a veteran’s pension
payable under a reciprocity agreement adopted by an order made under
section 380):
(v) an amount for income tax that is paid under section 350(2), and that
under section 351(a) must, for the purposes of this Act, be considered to
be a payment of a benefit; but
(b) is defined in section 229 for the purposes of sections 225 to 229; and
(c) is defined in section 310(3) for the purposes of section 310; and
(d) is defined in clause 13(6) of Schedule 6 for the purposes of clause 13 of Sched-
ule 6
capacity for work means, in relation to a person, the person’s capacity to engage in
employment, as determined having regard to any health condition, injury, or disability
the person may have

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cash assets—
(a) is defined in section 68 for the purposes of subpart 10 of Part 2 and Part 7 of
Schedule 4 (accommodation supplement); but
(b) may be modified, for those purposes (see section 68(2)(c)), by regulations
made under section 423(1)(b); and
(c) is defined in section 98 for the purposes of subpart 16 of Part 2 and section
428(2)(f) (temporary additional support)
ceased, in relation to a person’s employment, means,—
(a) if the person received no specified termination payments in relation to the ter-
mination of the person’s employment, the date on which the person’s employ-
ment terminates; or
(b) if the person received specified termination payments in relation to the termin-
ation of the person’s employment, a date that is the number of days (excluding
Saturdays and Sundays) after the date on which the person’s employment ter-
minated that is equal to the nearest whole number produced by dividing the
total amount of those payments by the amount of the person’s normal daily
wage or salary before termination of the person’s employment
change in the beneficiary’s relationship status is defined in section 113(3) for the
purposes of section 113(2)(a)
changeover is defined in clause 1 of Schedule 1 for the purposes of that schedule
chargeable income is defined in section 98 for the purposes of subpart 16 of Part 2
and section 428(2)(d)
chief executive means the chief executive of the responsible department
child—
(a) means a single person under the age of 18 years, other than a person who is—
(i) aged 16 or 17 years; and
(ii) financially independent; but
(b) is defined in section 32(4) for the purposes of section 32 (sole parent support:
situation of split care); and
(c) is defined in section 90(2) for the purposes of subpart 15 of Part 2 (funeral
grants)
child with a serious disability is defined in section 79 for the purposes of subpart 13
of Part 2
compensation or damages is defined in section 197(5) for the purposes of sec-
tion 197
competent institution is defined in section 382 for the purposes of subpart 7 of
Part 6
contract of insurance includes a contract or an arrangement that, in MSD’s opinion,
is similar to a contract of insurance

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contracted service provider has the same meaning as in section 373(1)

controlled drug—
(a) is defined in section 152 for the purposes of sections 147 to 152; and
(b) has, in sections 250, 263, and 411, the same meaning as in section 152
core check—
(a) is defined in regulations made under section 430 for the purpose of section 134
(see also section 137); and
(b) is defined in section 169 for the purposes of section 164 and 167
corresponding assistance is defined in clause 4 of Schedule 1 for the purposes of
that clause
CPI is defined in section 453(6) for the purposes of section 453
custody in prison is defined in section 217(2) for the purposes of sections 217
and 218
custody on remand is defined in section 217(2) for the purposes of sections 217
and 218
CYPFA order or agreement means—
(a) an order made under section 78, 101, or 283(n) of the Oranga Tamariki Act
1989; or
(b) a sole guardianship order made under section 110 of that Act; or
(c) an agreement made under section 140 of that Act
date of first contact, in relation to a person’s application for a benefit, means the date
on which MSD first received from the person (or some other person acting on the per-
son’s behalf) the oral or written request for financial assistance that led to the making
of the application
debt insurance payment, in section 433(2)(b) and clauses 18, 20, and 21 of Schedule
3, in relation to a person, means a payment made, or the value of any credit provided,
on the occurrence of a contingency, and—
(a) under a contract of insurance or by reason of the person’s membership of any
society, organisation, or body whether corporate or unincorporate; and
(b) to the person or to some other person on behalf of or for the benefit of the per-
son; and
(c) for the sole purpose of, and used for, repaying or paying any amounts on
account of any debt or liability of the person that is—
(i) in existence (whether or not due for payment) on the date on which a
contingency occurs that gives rise to a right or an eligibility of the per-
son to receive a payment under a contract of insurance, or by reason of
the person’s membership of any (corporate or unincorporated) society,
organisation, or body; and

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(ii) not a liability in connection with the future supply of goods or services,
transport, or accommodation to the person or a member of the person’s
family; and
(d) that must, to the extent MSD determines, be reduced by the amount of any
costs incurred by the person in obtaining receipt of that payment or provision
of that credit
debtor’s payer, in relation to a debtor, means any of the following:
(a) a person who is or becomes liable to pay a sum of money to the debtor:
(b) the Accident Compensation Corporation (continued by section 259 of the Acci-
dent Compensation Act 2001) or an accredited employer (as defined in section
6(1) of that Act) in respect of weekly compensation payable to the debtor under
that Act:
(c) a department (of the Public Service) specified in Schedule 1 of the State Sector
Act 1988 in respect of salary or wages payable to the debtor as an employee of
the department
de facto partner and de facto relationship have the same meanings as in sections 29
and 29A of the Interpretation Act 1999
dependent child,—
(a) in relation to a person, means any other person who—
(i) is a child (other than a child in respect of whom payments are being
made under section 363 of the Oranga Tamariki Act 1989)—
(A) whose care is primarily the responsibility of the person; and
(B) who is being maintained as a member of that person’s family; and
(C) who is financially dependent on that person; or
(ii) is a child or a young person (as defined in section 2(1) of the Oranga
Tamariki Act 1989)—
(A) of whom the person is a parent within the meaning of that Act;
and
(B) to whom section 361 of that Act applies; and
(C) who, under section 362 of that Act, is placed in the charge of the
person; and
(iii) is not a child in respect of whom a young parent payment is being paid
in relation to a person who is not the child’s parent or step-parent; and
(iv) is not a child in respect of whom an orphan’s benefit or an unsupported
child’s benefit is being paid (but the exclusion in this paragraph applies
only for the purposes of Parts 1, 2, 3, 6, 7, 11, and 12 of Schedule 4); and
(b) for the purposes of clause 1(a) and (b) of Part 8 of Schedule 4 (rates of winter
energy payment), has the meaning given to it by clause 2 of Part 8 of Schedule
4

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disability is defined in section 84 for the purposes of subpart 14 of Part 2

document means any of the following:
(a) any material, whether or not it is signed or otherwise authenticated, that bears
symbols (including words and figures), images, or sounds or from which sym-
bols, images, or sounds can be derived, including (without limitation) material
that is any of the following:
(i) a label, marking, or other writing that identifies or describes a thing of
which it forms part, or to which it is attached:
(ii) a book, map, plan, graph, or drawing:
(iii) a photograph, film, or negative:
(b) information electronically recorded or stored (including, without limitation, an
audio or video file or recording), or information derived from that information:
(c) a copy of, or part of, a document as defined in paragraph (a) or (b)
domestic epidemic management notice means a notice given under section 8(1) of
the Epidemic Preparedness Act 2006 stating that the application of this Act is modi-
fied in order to deal with the practical effects of the outbreak of the disease referred to
in the notice
drug test—
(a) is defined in section 152 for the purposes of sections 147 to 152; and
(b) has, in sections 154, 250, 264, 265, and 266, the same meaning as in section
152
drug test failure is defined in section 263(1) for the purposes of section 263
drug-testing obligation, in sections 250, 261, 263, and 418(1)(j), means an obliga-
tion under section 146(1)(e) (see also sections 265 and 411)
employee is defined in clause 20(5) of Schedule 6 for the purposes of clause 20 of
Schedule 6
employment,—
(a) means paid employment; but
(b) is defined in section 229 for the purposes of sections 225 to 229
employment required to satisfy the work test means,—
(a) for a part-time work-tested beneficiary, part-time work:
(b) for any other work-tested beneficiary, full-time employment
equivalent benefit is defined in section 63(4) for the purposes of section 63
essential costs is defined in section 98 for the purposes of subpart 16 of Part 2 and
section 428
evidential drug test is defined in section 152 for the purposes of sections 147 to 152
expiry date, in relation to a specified benefit, is defined in section 331 for the pur-
poses of sections 331 to 336

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fail—
(a) is defined in section 152 for the purposes of sections 147 to 152; and
(b) in sections 258 to 260, 264, and 265, has the meaning given to it by section 152
failure—
(a) is defined in section 235 for the purposes of subpart 2 of Part 5 (see also the
definitions, in this schedule, of first, second, and third failure); and
(b) in section 233(d), is affected by the operation of section 259; and
(c) is defined in section 268 for the purposes of subpart 3 of Part 5 (see also the
definitions, in this schedule, of first, second, and third failure)
fees framework means the framework determined by the Government from time to
time for the classification and remuneration of statutory and other bodies in which the
Crown has an interest
financially independent, in relation to a person, means—
(a) in full employment; or
(b) receiving a basic grant or an independent circumstances grant under—
(i) the Student Allowances Regulations 1998; or
(ii) corresponding replacement regulations made under all or any of sections
303, 306, and 307 of the Education Act 1989; or
(c) receiving payments under a Government-assisted scheme that MSD considers
analogous to a main benefit under this Act; or
(d) receiving a main benefit under this Act
fine is defined in clause 13(6) of Schedule 6 for the purposes of clause 13 of Sched-
ule 6
first failure—
(a) is defined in section 235 for the purposes of subpart 2 of Part 5; and
(b) is defined in section 268 for the purposes of subpart 3 of Part 5
former assistance—
(a) is defined in clause 4 of Schedule 1 for the purposes of clauses 4 and 5 of
Schedule 1; and
(b) is defined in clause 6(1)(a)(i) of Schedule 1 for the purposes of clause 6 of
Schedule 1
friendly society means a friendly society, or a friendly society’s branch, registered
under the Friendly Societies and Credit Unions Act 1982
full employment or full-time employment, in relation to any person, means—
(a) employment under a contract of service or an apprenticeship, and that requires
the person to work, whether on time or piece rates, no less than an average of
30 hours each week; or

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(b) self-employment of the person in any business, profession, trade, manufacture,

or undertaking, and that is carried on for pecuniary profit for no less than an
average of 30 hours each week; or
(c) employment of the person for any number of hours, and that is regarded as full-
time employment for the purposes of any award, agreement, or contract relat-
ing to that employment
full-time course—
(a) is defined in section 162(3) for the purposes of sections 162, 166, and 167; and
(b) in this schedule, has the same meaning as in section 162(3)
full-time education or training, in sections 50 and 57, means a full-time course of—
(a) secondary instruction; or
(b) tertiary education; or
(c) approved training; or
(d) approved work-based learning
full-time student means a person—
(a) who is enrolled in a full-time course within the meaning of—
(i) the Student Allowances Regulations 1998; or
(ii) corresponding replacement regulations made under all or any of sections
303, 306, and 307 of the Education Act 1989; or
(b) who, during an academic year that has just ended or is about to end, was so
enrolled, and who intends to so enrol in the next academic year
goods or services, in sections 339, 341, 366 to 372, and 442, clause 41(7) of Sched-
ule 1, and this schedule, includes goods and services
Government occupational pension, in sections 172 and 187,—
(a) means a benefit, pension, or periodical allowance paid by or on behalf of the
Government of a country to a person by reason of—
(i) a period of employment, direct or indirect, by that Government of that
person or that person’s deceased spouse or partner or that person’s
deceased parent; or
(ii) a period of service to that Government (including, without limitation,
service in the armed forces, service in the Police, and service as a
judicial officer or other person acting judicially) by that person or that
person’s deceased spouse or partner or that person’s deceased parent; but
(b) does not include any part of that benefit, pension, or periodical allowance that
is paid by the Government of that country by reason of anything other than that
period of employment or service; and

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(c) does not include any part of that benefit, pension, or periodical allowance to
which the Government of that country contributes by reason of anything other
than that period of employment or service; and
(d) does not include a benefit, pension, or periodical allowance of the kind speci-
fied in paragraph (a) if the person would have been entitled to receive a similar
benefit, pension, or periodical allowance paid by, or on behalf of, the Govern-
ment of that country under a scheme or other arrangement in respect of persons
who were not employees or in the service of that Government
health condition includes pregnancy after the 26th week
health or disability insurance payment, in relation to a person, means a payment
made, or the value of any credit or service provided, on the occurrence of a contin-
gency, and that is a payment, credit, or service—
(a) made or provided—
(i) under a contract of insurance, or by reason of the person’s membership
of any society, organisation, or body (whether corporate or unincorpo-
rate), that provides for the payment or reimbursement of the costs of
health or disability care for the person or a member of the person’s fam-
ily; and
(ii) to the person, or to some other person on behalf of, or for the benefit of,
the person or a member of the person’s family; and
(b) used for paying or reimbursing those costs; and
(c) that must, to the extent MSD determines, be reduced by the amount of any
costs incurred by the person in obtaining receipt of that payment
health practitioner—
(a) means a person who is, or is deemed to be, registered with an authority as a
practitioner of a particular health profession under the Health Practitioners
Competence Assurance Act 2003; but
(b) is defined in section 85(4) for the purposes of section 85
held, in relation to personal information about a person, is defined in clause 20(5) of
Schedule 6 for the purposes of clause 20 of Schedule 6
hospital—
(a) means a hospital care institution as defined in section 58(4) of the Health and
Disability Services (Safety) Act 2001; but
(b) in sections 206 and 207, means a hospital operated by a district health board
within the meaning of the New Zealand Public Health and Disability Act 2000
in a relationship, for a person, means that the person is—
(a) married; or
(b) in a civil union; or
(c) in a de facto relationship

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in-hand allowance means, for the purposes of sections 270, 280, and 341, the com-
ponent of a youth support payment set out in clause 7 of Part 6 of Schedule 4
incentive payment, for the purposes of sections 55, 62, 166, 167, 270, 271, 276, 280
to 282, 288, 289, 418(1)(c) and (d), 452(2)(i), and 453(2)(f), means a payment
referred to in any of clauses 8 to 10 of Part 6 of Schedule 4
income has the meaning given to it by Part 2 of Schedule 3, unless that meaning is
modified by other enactments in or made under this Act (for example, the following
enactments:
(a) section 423(3), which requires specified amounts of cash assets to be treated as
specified amounts of income for the purposes of regulations made under sec-
tion 423(1)(e), providing for required income-based reductions to the assessed
base rate amount of accommodation supplement:
(b) regulations made under section 424(2)(d), defining the kinds of income, bene-
fits, credits, and receipts to be treated as income for the purposes of subpart 12
of Part 2 (childcare assistance):
(c) rules made under clause 15 of Schedule 3, on MSD’s determining the income
of people engaged in business or trade:
(d) clause 16(3) of Schedule 3, which modifies that meaning for the purposes of
clauses 16 and 17 of Schedule 3)
income-related insurance payment, in relation to a person, means a payment, or the
value of a credit or service, that, in MSD’s opinion, having regard to the matters spe-
cified in clause 10 of Schedule 3, is—
(a) made or provided on the occurrence of a contingency under a contract of insur-
ance or by reason of the person’s membership of any society, organisation, or
body whether corporate or unincorporate; and
(b) made or provided to the person, or to some other person on behalf of, or for the
benefit of, the person or a member of the person’s family; and
(c) made or provided or used for an income-related purpose
income-related purpose, in relation to a person, means the purpose of—
(a) replacing lost or diminished income; or
(b) maintaining the person or a member of the person’s family; or
(c) purchasing, for the person, or for a member of the person’s family, goods or
services of a kind that are commonly paid for from income; or
(d) enabling the person to make payments that the person is liable to make and that
are commonly made from income
income tax means income tax under the Income Tax Act 2007

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Income Test 1 means that the applicable rate of benefit must be reduced—
(a) by 30 cents for every $1 of the total income of the beneficiary and the benefi-
ciary’s spouse or partner that is more than $100 a week but not more than $200
a week; and
(b) by 70 cents for every $1 of that income that is more than $200 a week
Income Test 2 means that the applicable rate of benefit must be reduced—
(a) by 15 cents for every $1 of the total income of the beneficiary and the benefi-
ciary’s spouse or partner that is more than $100 a week but not more than $200
a week; and
(b) by 35 cents for every $1 of that income that is more than $200 a week
Income Test 3 means that the applicable rate of benefit must be reduced by 70 cents
for every $1 of total income of the beneficiary and the beneficiary’s spouse or partner
that is more than,—
(a) if the rate of benefit is a rate of New Zealand superannuation stated in clause 2
of Schedule 1 of the New Zealand Superannuation and Retirement Income Act
2001, $100 a week; or
(b) in any other case, $80 a week
Income Test 4 means that the applicable rate of benefit must be reduced by 35 cents
for every $1 of the total income of the beneficiary and the beneficiary’s spouse or
partner that is more than $80 a week
income-tested benefit is defined in section 349 for the purposes of sections 349, 350,
351, and 352
information-matching programme is defined in clause 6(4)(a) of Schedule 6 for the
purposes of clauses 6 and 7 of Schedule 6
institution for the treatment of alcoholism or drug addiction is defined in section
208(3) for the purposes of section 208(1)
institutional care is defined in section 40(3) for the purposes of subpart 4 of Part 2
(supported living payment)
job-search activity means an activity undertaken by a work-tested beneficiary for the
purpose of seeking or obtaining employment
lawyer is defined in clause 4(7) of Schedule 6 for the purposes of clauses 4 and 9 of
Schedule 6
living with a parent is defined in clause 8 of, for the purposes of clause 1(a)(i) of,
Part 1 of Schedule 4 (rates of jobseeker support)
main benefit under this Act or main benefit, means a benefit under this Act that
is—
(a) jobseeker support; or
(b) sole parent support; or

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(c) a supported living payment on the ground of restricted work capacity or total
blindness, under section 34; or
(d) a supported living payment on the ground of caring for another person, under
section 40; or
(e) a youth payment; or
(f) a young parent payment; or
(g) an emergency benefit
maintenance debt is defined in clause 49 of Schedule 1 for the purposes of that
clause
Maori is defined in section 438(2)(f)(i) for the purposes of section 438(2)(f)
medical practitioner means a health practitioner who is, or is deemed to be, regis-
tered with the Medical Council of New Zealand continued by section 114(1)(a) of the
Health Practitioners Competence Assurance Act 2003 as a practitioner of the profes-
sion of medicine
Minister, for the provisions of this Act, means (except so far as any other enactment
overrides this definition) the Minister who is, with the authority of the Prime Minis-
ter, for the time being responsible for the administration of those provisions
money management manner of payment, in relation to payment of a benefit, means
a manner of payment, prescribed in regulations made under section 418(1)(k), that is
designed to assist certain young people to manage their money effectively
mortgage security, for the purposes of subpart 10 of Part 2 and Part 7 of Schedule 4
(accommodation supplement), includes—
(a) a deferred payment disposition (which means a contract under which a person
sells or agrees to sell property or provides or agrees to provide services
(whether or not possession of the property is given, or the services are provi-
ded, before all money payable under the contract has been paid) in consider-
ation of a promise by another person to pay, or to procure the payment of, in
the future and in respect of the sale or provision, a sum or sums of money
exceeding in total the cash price of the property or services):
(b) money secured over a person’s share or shares in any flat owning company
within the meaning of subpart 6 of Part 3 of the Land Transfer Act 2017:
(c) money payable under and secured by a deferred payment licence under the
Land Act 1948
MSD—
(a) means the responsible department (as defined in this schedule); but
(b) for a duty, function, or power that MSD must or may perform or exercise,
means—
(i) the chief executive of the responsible department; or

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(ii) a Public Service employee, or other person, acting under a delegation

(direct or indirect) from that chief executive; and
(c) in clause 2 of Schedule 6 (power to obtain information by notice), includes (see
clause 2(2) of Schedule 6) an MSD employee who is identified in a notice
given under that clause
MSD employee means an employee—
(a) of the chief executive of the responsible department; and
(b) acting under a delegation for the purposes of this Act (direct or indirect) from
that chief executive
NCEA level 2, in sections 50, 57, 162, 166, and 167, means a level 2 National Certif-
icate of Educational Achievement issued by the New Zealand Qualifications Author-
ity established under Part 20 of the Education Act 1989
necessary consents and authorisations is defined in section 257(3) for the purposes
of sections 257 and 258
New Zealand superannuation means New Zealand superannuation payable under
Part 1 of the New Zealand Superannuation and Retirement Income Act 2001
non-assessable estate is defined in section 90(2) for the purposes of subpart 15 of
Part 2 (funeral grants)
non-entitlement period, in relation to a person, means a period during which the per-
son is not entitled to a benefit because the person—
(a) became voluntarily unemployed; or
(b) lost the person’s employment, or position on a scheme, through misconduct; or
(c) failed to comply with the work test or a work-test obligation, or with any other
obligation referred to in section 233 (obligations that carry sanction for failure
to comply); or
(d) failed to comply with an obligation under section 162 (obligations of young
person granted youth support payment) or 166 or 167 (obligations of young
person who is spouse or partner of specified beneficiary); or
(e) failed to comply with an obligation under section 164 (obligations of young
person granted young parent payment)
nurse is defined in clause 1(4) of Schedule 9 for the purposes of clause 1(3)(b) of
Schedule 9
NZ benefits legislation—
(a) is defined in section 172 for the purposes of sections 173 to 180; and
(b) is defined in section 187 for the purposes of sections 187 to 190
obtained by fraud is defined in section 360 for the purposes of sections 354, 359,
and 361, and clause 9 of Schedule 6
occupational therapist is defined in clause 1(5) of Schedule 9 for the purposes of
clause 1(3)(c) of Schedule 9

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offence—
(a) is defined in section 210 for the purposes of section 209; and
(b) is defined in section 214 for the purposes of section 213
open employment means employment that is—
(a) available to anyone with the required skills; and
(b) paid at not less than the rate of minimum hourly wage that applies under the
Minimum Wage Act 1983; and
(c) not sheltered employment
ordinarily resident in New Zealand, in relation to a person, excludes the person’s
being unlawfully resident in New Zealand
overseas epidemic management notice means a notice given under section 99 (over-
seas epidemics affecting visitors to New Zealand)
overseas pension has the same meaning given to it by section 187 for the purposes of
sections 187 to 190
overseas pensioner means a person to whom an overseas pension has been granted
parent, in relation to a child,—
(a) is defined in section 43(3) for the purposes only of—
(i) subpart 5 of Part 2 (orphan’s benefit); and
(ii) section 31(b)(i) (sole parent support: when dependent child may be
regarded as applicant’s child); and
(b) is defined in section 46(3) for the purposes only of—
(i) subpart 6 of Part 2 (unsupported child’s benefit); and
(ii) section 31(b)(ii) (sole parent support: when dependent child may be
regarded as applicant’s child)
parents, in relation to a young person, and for the purposes only of section 52(1)(a),
(b), and (d) and subpart 7 of Part 2 (youth payment) and clause 2 of Part 6 of Sched-
ule 4 (rates of youth payment and young parent payment),—
(a) means—
(i) the parents or guardians or other person who had the care of the young
person most recently before the young person turned 16 years; and
(ii) any other parent, or guardian or former guardian, willing to have finan-
cial responsibility for the young person; but
(b) does not include—
(i) the chief executive of the department responsible for administering the
Oranga Tamariki Act 1989 in his or her official capacity; or
(ii) any body or organisation approved under section 396 of that Act

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part-time work means employment that is not full-time employment, but is employ-
ment—
(a) that is—
(i) under a contract of service, whether on time or piece rates; or
(ii) as a self-employed person in any business, profession, trade, manufac-
ture, or undertaking; and
(b) that—
(i) averages not less than 15 hours each week over a 3-month period of
employment or over the period of employment if that period is shorter
than 3 months,—
(A) in relation to a person granted jobseeker support on the ground of
health condition, injury, or disability; or
(B) for the purposes of sections 140(1)(b), 141, 155, and 184; or
(ii) averages not less than 20 hours each week over a 3-month period of
employment or over the period of employment if that period is shorter
than 3 months, in any other case
part-time work-tested beneficiary means—
(a) a person with a youngest dependent child aged 3 years or older, but under 14
years, who is—
(i) a work-tested spouse or partner; or
(ii) a work-tested sole parent support beneficiary; or
(b) a person who is granted jobseeker support on the ground of health condition,
injury, or disability and who, under section 140(1)(b), must comply with the
work test
participation allowance means a participation allowance under regulations made
under section 429
partner, in the phrase “spouse or partner” and in related contexts, means a civil union
partner or de facto partner
party is defined in section 382 for the purposes of subpart 7 of Part 6
pass—
(a) is defined in section 152 for the purposes of sections 147 to 152; and
(b) in sections 146(1)(e) and 264(3), has the same meaning as in section 152
pay day means the day or date from time to time determined by MSD under section
338(4) as the date on which an instalment of a benefit falls due for payment
periodical means regular or intermittent
physiotherapist is defined in clause 1(6) of Schedule 9 for the purposes of clause
1(3)(d) of Schedule 9

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pre-benefit activity means a pre-benefit activity required under section 184 and regu-
lations made under section 432
preferred supply contract is defined in section 368(6) for the purposes of sections
368 and 370
premises is defined in section 66(3) for the purposes of sections 66 and 68
prescribed means prescribed by or under an enactment (for example, prescribed by
applicable regulations made under this Act)
prescribed circumstances is defined in section 334(4) for the purposes of sec-
tion 334(1)
prescribed health practitioner, for a provision, means a health practitioner—
(a) prescribed for the purposes of the provision by regulations made under section
418(1)(a); and
(b) acting within that person’s scope of practice
principal caregiver, in relation to a dependent child, means a person who—
(a) is the person who, in MSD’s opinion, has the primary responsibility for the
day-to-day care of the child, other than on a temporary basis; and
(b) is not a body of persons (whether incorporated or unincorporated), and is not a
person who is the proprietor of, or employed in,—
(i) a residence established under the Oranga Tamariki Act 1989; or
(ii) any other institution in which the child is being cared for
property is defined in clause 16(3) of Schedule 3 for the purposes of clauses 16
and 17 of Schedule 3
psychologist is defined in clause 1(7) of Schedule 9 for the purposes of clause 1(3)(e)
of Schedule 9
qualifying benefit is defined in section 71 for the purposes of subpart 11 of Part 2
(winter energy payment), section 220, and Part 8 of Schedule 4
quarantinable disease is defined in section 99 for the purposes of that section
rate is defined in section 180 for the purposes of sections 177 to 179 (obligations in
relation to overseas pensions)
reasonable cause is defined in clause 9(2) of Schedule 6 for the purposes of
clause 9(1)(b) of Schedule 6
reciprocity agreement is defined in section 382 for the purposes of subpart 7 of
Part 6
recognised voluntary work means work—
(a) that is undertaken by a person for no remuneration (other than any reimburse-
ment of direct expenses) for a non-profit community organisation or other per-
son, and that is of benefit to the community; and

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(b) that is not an activity in the community, or work undertaken as part of a work
experience or work exploration activity
record is defined in clause 4(4) of Schedule 6 for the purposes of clause 4(3) of
Schedule 6
registered community housing provider is defined in section 66 for the purposes of
that section
registered school is defined in regulations made under section 430 for the purposes
of sections 131 to 134 (see also section 137)
regular, in relation to work, does not include—
(a) casual employment; or
(b) employment if the agreed hours of work (as defined in section 67C of the
Employment Relations Act 2000) average less than 10 hours each week calcu-
lated over a 3-month period of employment or, if that period is shorter than
3 months, over the period of the employment; or
(c) employment that is work under an availability provision that is under section
67E(3) of the Employment Relations Act 2000 unenforceable against an
employee because the employee’s employment agreement does not provide for
the payment of compensation to the employee for making himself or herself
available to perform work under the availability provision
rehabilitation professional, in clause 1(2)(b) of Schedule 9, has the meaning given
to it by clause 1(3) of Schedule 9
relevant payment date is defined in section 71 for the purposes of subpart 11 of
Part 2 (winter energy payment), section 220, and Part 8 of Schedule 4
requested institution is defined in section 382 for the purposes of subpart 7 of Part 6
requesting institution is defined in section 382 for the purposes of subpart 7 of
Part 6
resident, in relation to a person, does not include the person’s being unlawfully resi-
dent in New Zealand
residential care services means services that are supplied to a person with a disabil-
ity and that are—
(a) disability services in a residential disability care institution or rest home within
the meaning of section 58(4) of the Health and Disability Services (Safety) Act
2001; or
(b) supervision and support services; or
(c) hotel-type services (including the provision of sleeping facilities, meals, laun-
dry, cleaning services and supplies, household furniture and furnishings, light-
ing, heating, hot water, and other household utilities); or
(d) services that support daily living (including financial management and garden-
ing); or

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(e) personal care services (including toileting, bathing, hair washing, teeth clean-
ing, nail care, feeding, and mobility); or
(f) services within that home intended to provide satisfying activity to the person
(including the provision of educational, social, recreational, and other activ-
ities); or
(g) clinical support services, including personal health services (within the mean-
ing of the New Zealand Public Health and Disability Act 2000), consultations
with a medical practitioner, pharmaceuticals, incontinence aids, and other treat-
ment costs
residential requirement is defined in section 16 for the purposes of Part 2
responsible department, for the provisions of this Act, means—
(a) the department of State (for example, a service of the department of State) that,
with the Prime Minister’s authority, is for the time being responsible for the
administration of those provisions; or
(b) a departmental agency that, under the State Sector Act 1988, is part of that
department of State, and has duties, functions, or powers relating to that admin-
istration
rest home means premises used to provide rest home care—
(a) within the meaning of section 6 of the Health and Disability Services (Safety)
Act 2001; and
(b) that is therefore health care services required by that Act to be provided in
accordance with section 9 of that Act
saved, in relation to any arrangement, contract, decision, enactment, increase, instru-
ment, period, reduction, or status (in each case, however described), is defined in
clause 1 of Schedule 1 for the purposes of that schedule
scheme is defined in section 229 for the purposes of sections 225 to 229
screening drug test is defined in section 152 for the purposes of sections 147 to 152
second failure—
(a) is defined in section 235 for the purposes of subpart 2 of Part 5; and
(b) is defined in section 268 for the purposes of subpart 3 of Part 5
section 252 notice has the same meaning as in section 252 (MSD must give notice of
sanction)
service costs—
(a) is defined in section 65 for the purposes of subpart 10 of Part 2 and Part 7 of
Schedule 4 (accommodation supplement); and
(b) is defined in section 162 (obligations of young person granted youth support
payment) for the purposes of that section
sheltered employment includes employment in a sheltered workshop within the
meaning of the Disabled Persons Employment Promotion Act 1960

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single means not in a relationship (as that expression is defined in this schedule)
social housing is defined in section 66 for the purposes of that section
social security debt is defined in section 382 for the purposes of subpart 7 of Part 6
social security laws is defined in section 382 for the purposes of subpart 7 of Part 6
social security purposes is defined in section 382 for the purposes of subpart 7 of
Part 6
sole parent means a person who is the principal caregiver in respect of a dependent
child and who—
(a) is—
(i) married or in a civil union, but living apart from the person’s spouse or
partner; or
(ii) not married or in a civil union; and
(b) is not in a de facto relationship
source deduction payment is defined in section 349 for the purposes of sections 349
to 352
specified beneficiary is defined in section 169 for the purposes of sections 164 to
167, 268, and 344(3)(a)
specified benefit—
(a) is defined in section 198(3) for the purposes of section 198; and
(b) is defined in section 331 for the purposes of sections 331 to 336
specified lump sum payment is defined in section 69(5) for the purposes of sec-
tion 69
specified offence is defined in section 291(5) for the purposes of section 291(4)(b)
specified provision,—
(a) in relation to a source deduction payment, is defined in section 349 for the pur-
poses of sections 350, 351, and 352; and
(b) 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
specified termination payments means any of the following payments that a person
receives in relation to the termination of the person’s employment:
(a) a payment in lieu of notice terminating the person’s employment:
(b) holiday pay:
(c) a payment in lieu of accumulated leave:
(d) a payment contingent on the completion of a fixed-term engagement:
(e) a retirement payment
spouse of a person (for example, an applicant or a beneficiary), means the person’s
husband or wife

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stand down or stand-down period means a stand down, or a stand-down period,

under section 316
standard costs is defined in sections 98 and 428(2)(b) for the purposes of subpart 16
of Part 2 and section 428
start date is defined in section 264(4) for the purposes of section 264
strike has the same meaning as in section 81 of the Employment Relations Act 2000
student allowance means an allowance established by regulations made under sec-
tion 303 (apart from, or with, either or both of sections 306 and 307) of the Education
Act 1989
subsidy rate is defined in section 452(6) for the purposes of section 452
suitable employment, in relation to a person,—
(a) means employment that MSD is satisfied is suitable for the person to undertake
for a number of hours a week determined by MSD having regard to the
employment required to satisfy the work test for that person; but
(b) is affected by section 18(1) (which relates to refusing to work, or to continue to
work, as a sex worker) of the Prostitution Reform Act 2003
tax credit is defined in section 98 for the purposes of subpart 16 of Part 2 and section
428 (and see also clause 8(l) of Schedule 3, and the definition in this schedule of
WFF tax credit)
tax file number is defined in section 112(5) for the purposes of section 112
teen parent unit is defined in section 163(3) for the purposes of section 163
temporary additional support is defined in clause 20(4) of Schedule 3 for the pur-
poses of clause 20 of Schedule 3
temporary employment means full employment for a period of less than 26 weeks
tenant is defined in section 66(3) for the purposes of sections 66 and 68
third failure—
(a) is defined in section 235 for the purposes of subpart 2 of Part 5; and
(b) is defined in section 268 for the purposes of subpart 3 of Part 5
trust account is defined in clause 4(7) of Schedule 6 for the purposes of clause 4 of
Schedule 6
union has the same meaning as in section 5 of the Employment Relations Act 2000
unresolved warrant notice is defined in section 211 for the purposes of sections 209
and 212
veteran’s pension means a veteran’s pension payable under Part 6 of the Veterans’
Support Act 2014
violence is defined in section 193(2) for the purposes of section 193(1)(c)
weekly loss of earnings compensation is defined in section 198(3) for the purposes
of section 198

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WFF tax credit has, in sections 341(3)(b) and 344(3)(c), the same meaning as in sec-
tion YA 1 of the Income Tax Act 2007
winter period is defined in section 71 for the purposes of subpart 11 of Part 2 (winter
energy payment), section 220, and Part 8 of Schedule 4
work-based learning is defined in section 162(4) for the purposes of sections 162,
164 to 167, 200, and clause 8 of Part 6 of Schedule 4
work-preparation obligation means a work-preparation obligation under section
124 or 125
work test or work-test obligations, in relation to a person, means the person’s obli-
gations under sections 144 to 147
Example
The person’s obligation under section 147(1) to undertake and pass a drug test which,
under section 147(2), is included in, forms part of, and does not arise apart from, an obli-
gation of the person under section 144(a), 144(c), 146(1)(d)(ii), or 146(1)(d)(iv).

work-test couple rate,—

(a) for jobseeker support, means a rate in Part 1 of Schedule 4 that is payable to a
person who is in a relationship, other than a rate payable if the person’s spouse
or partner is entitled to a benefit in the spouse’s or partner’s own right:
(b) for a supported living payment, means a rate that is—
(i) a rate in Part 3 of Schedule 4 payable to a person who is in a relation-
ship, other than a rate payable if the person’s spouse or partner is entitled
to a benefit in the spouse’s or partner’s own right; or
(ii) the rate payable under section 38(3) to the spouse or partner of a person
receiving long-term residential care in a hospital or rest home:
(c) for an emergency benefit, means a rate that is—
(i) a rate of benefit payable to a person that includes a payment for the per-
son’s spouse or partner; or
(ii) a rate of benefit payable under section 17(2)(c) of the New Zealand
Superannuation and Retirement Income Act 2001
work-tested beneficiary means a person who—
(a) is granted jobseeker support (other than jobseeker support on the ground of
health condition, injury, or disability); or
(b) is granted jobseeker support on the ground of health condition, injury, or disa-
bility, and who, under section 141(4), must comply with the work test; or
(c) is a work-tested spouse or partner; or
(d) is a work-tested sole parent support beneficiary

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work-tested benefit—
(a) means jobseeker support (except for a work-tested sole parent support benefi-
ciary, or a beneficiary receiving jobseeker support on the ground of health con-
dition, injury, or disability who, under section 142, is not required to comply
with the work test); and
(b) for a work-tested spouse or partner, includes an emergency benefit and a sup-
ported living payment; and
(c) for a work-tested sole parent support beneficiary, means sole parent support
under section 29
work-tested sole parent support beneficiary means a person—
(a) who has been granted sole parent support under section 29; and
(b) whose youngest dependent child is aged 3 years or older
work-tested spouse or partner means a person—
(a) who—
(i) has no dependent child under 3 years, or has no dependent child at all
(and, for the purposes of this definition, a dependent child of a person
granted a benefit at a work-test couple rate is also a dependent child of
that person’s spouse or partner); and
(ii) is not subject to obligations under sections 166 to 169; and
(iii) has not been granted an exemption from the work test; and
(b) who—
(i) is the spouse or partner of a person granted jobseeker support or a sup-
ported living payment (being, in each case, a benefit granted at a work-
test couple rate); or
(ii) both—
(A) is the spouse or partner of a person granted an emergency benefit
at a work-test couple rate; and
(B) has under section 140(2) been required by MSD to comply with
the work test; or
(iii) is—
(A) the spouse or partner of a person who is receiving long-term resi-
dential care in a hospital or rest home; and
(B) aged under 65 years; and
(C) receiving a supported living payment under section 38(3) or an
emergency benefit under section 17(2)(c) of the New Zealand
Superannuation and Retirement Income Act 2001
working day—
(a) means a day of the week other than—

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(i) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday,

Anzac Day, the Sovereign’s birthday, and Labour Day; and
(ii) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the fol-
lowing Monday; and
(iii) a day in the period commencing on 25 December in any year and ending
with 15 January in the following year; and
(iv) the day observed as the anniversary day of the appropriate province; but
(b) is defined in section 241(4) for the purposes of section 241(3)
young parent obligation is defined in section 268 for the purposes of subpart 3 of
Part 5
young parent payment—
(a) means a young parent payment payable under subpart 8 of Part 2; but
(b) in subpart 3 of Part 5, in relation to a young person who is a spouse or partner
of a specified beneficiary and is subject to obligations under section 166, has
the extended meaning provided in section 268
young person,—
(a) in sections 3(d) and 365, means a person of either of the following kinds:
(i) a person who is aged at least 15 years but is under the age of 18 years:
(ii) a person aged 18 years or over who continues to receive services of the
kind referred to in section 365(1)(a):
(b) in all other cases, means a person of any of the following kinds:
(i) a person who is aged at least 16 years but is under the age of 20 years:
(ii) a person aged 20 years or over in respect of whom a young parent pay-
ment continues under section 61:
(iii) a person aged 20 years or over to whom obligations in section 167 con-
tinue to apply under section 167(6); but
(c) is defined in paragraph (a) of the definition of beneficiary in section 210 (a def-
inition for the purposes of section 209)
young person obligation is defined in section 268 for the purposes of subpart 3 of
Part 5
youth payment—
(a) means a youth payment payable under subpart 7 of Part 2; but
(b) in subpart 3 of Part 5, in relation to a young person who is a spouse or partner
of a specified beneficiary and is subject to obligations under section 166, has
the extended meaning provided in section 268
youth support payment means a young parent payment or youth payment.

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Schedule 3
Income and liabilities
ss 2, 65, 85, 96, 101, 418, 422, Schedules
1, 2

Contents
Page
Part 1
Guide to, and ranking of, provisions
1 What this schedule does 304
2 Ranking of provisions in and outside this schedule 304
Part 2
Income
3 General definition of income 304
4 Income includes periodical payments, etc, for income-related 304
purposes
5 Income includes specified insurance payments 305
6 Income includes specified other payments related to work ending 306
7 Income includes value of goods, etc, supplied on regular basis 306
8 Income excludes specified benefits, etc 306
9 Income excludes amounts, etc, declared not to be income 307
10 Considerations for whether income-related insurance payment or 308
income-related purpose
Part 3
Calculation of income
11 Interpretation 308
12 How annual income calculated 309
13 How weekly income calculated 309
14 Adjustments for likely reductions or increases 309
15 Rules on how MSD determines income of people engaged in 309
business or trade
Part 4
Deprivation of income or property
16 Effect of deprivation of income or property 311
17 Rules on how MSD determines deprivation of income or property 312
Part 5
Effect on liabilities of insurance payments
18 How accommodation costs affected by debt insurance payment in 312
relation to mortgage security
19 How expenses for disability allowance may be affected by health 313
or disability insurance payment

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20 How commitments for temporary additional support may be 313

affected by debt, or health or disability, insurance payment
21 How costs, etc, for approved programme of special assistance may 313
be affected by debt, or health or disability, insurance payment

Part 1
Guide to, and ranking of, provisions
1 What this schedule does
This schedule contains provisions on the following matters:
(a) the ranking of income provisions in and outside this schedule:
(b) what, for the purposes of this Act, is income:
(c) how income is calculated:
(d) what may happen if an applicant for a benefit deprives the applicant of
income, property, or both:
(e) how insurance payments to or for a person affect liabilities for the pur-
poses of various benefits.

2 Ranking of provisions in and outside this schedule

(1) Clause 3 is overridden by clauses 4 to 10.
(2) Clauses 4 to 10 are overridden by any contrary provisions in this Act (for
example, by regulations made under section 424(2)(d), and by clause 16(3)).
(3) Regulations made (under section 422) for the purposes of clause 9 override any
contrary provisions in this Act.
Compare: 1964 No 136 ss 3(1), definition of income, 68, 74(1)(d), (2)

Part 2
Income
3 General definition of income
Income, of a person, means the money value (before income tax) of a thing
that—
(a) is money received, or an interest acquired, by the person; and
(b) is not an interest in capital received or acquired by the person.
Compare: 1964 No 136 s 3(1), definition of income, paragraph (a)

4 Income includes periodical payments, etc, for income-related purposes

(1) A person’s income includes any periodical payments made to the person, and
the value of any credits or services provided periodically to the person,—
(a) from any source for income-related purposes; and

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(b) used by the person for income-related purposes.

(2) Subclause (1) applies—
(a) whether or not the payments, credits, or services are capital; and
(b) to the payments, credits, or services as calculated before the deduction
(if applicable) of income tax.
(3) The contrary provisions that (under clause 2(2)) override this clause include
clause 10 (which requires MSD to have regard to specified matters in consider-
ing, in respect of a person, whether a payment, credit, or service is for an
income-related purpose).
Compare: 1964 No 136 s 3(1), definition of income, paragraph (b), and definition of income-related
purpose

5 Income includes specified insurance payments

(1) A person’s income includes the following payments made to the person:
(a) any periodical income-related insurance payments:
(b) any lump sum income-related insurance payment—
(i) made in respect of the occurrence of a contingency; and
(ii) made within a period of 10 weeks from that occurrence; and
(iii) to the extent only that it replaces income lost by the person
because of that occurrence.
(2) Subclause (1) also applies to a payment referred to in subclause (1)(a) or (b)
that the person would have been entitled to receive—
(a) under an accident insurance contract as defined in section 13 of the
Accident Insurance Act 1998; and
(b) but for the existence of a risk sharing agreement referred to in section
185 of the Accident Insurance Act 1998 (as it read immediately before
its repeal by section 7 of the Accident Insurance Amendment Act 2000).
(3) Subclause (1) applies—
(a) whether or not the payments are capital; and
(b) to the payments as calculated before the deduction (if applicable) of
income tax.
(4) The contrary provisions that (under clause 2(2)) override this clause include—
(a) section 198 (loss of earnings compensation under Accident Compensa-
tion Act 2001); and
(b) clause 10 (which requires MSD to have regard to specified matters in
considering, in respect of a person, whether a payment, credit, or service
is an income-related insurance payment).
Compare: 1964 No 136 s 3(1), definition of income, paragraph (c)

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6 Income includes specified other payments related to work ending

A person’s income includes the following payments made to the person:
(a) any payment relating to a situation involving a seasonal layoff:
(b) any payment contingent on the completion of either a fixed-term engage-
ment or an engagement to complete work specified in a contract:
(c) any payment in lieu of notice terminating employment:
(d) any payment (including holiday pay) that, if it had not been made in
relation to termination of employment, would, in MSD’s opinion, have
been paid so as to constitute monetary remuneration of the employee:
(e) any parental leave payments paid under Part 7A of the Parental Leave
and Employment Protection Act 1987:
(f) any payment in relation to termination of employment made by a com-
pany pursuant to its constitution to any of its directors.
Compare: 1964 No 136 s 3(1), definition of income, paragraph (d)

7 Income includes value of goods, etc, supplied on regular basis

(1) A person’s income includes the value of any goods, services, transport, or
accommodation supplied on a regular basis to the person by any other person.
(2) Subclause (1) applies to the value of the goods, services, transport, or accom-
modation as calculated before the deduction (if applicable) of income tax.
Compare: 1964 No 136 s 3(1), definition of income, paragraph (e)

8 Income excludes specified benefits, etc

A person’s income excludes the following payments:
(a) any benefit, grant, allowance, or concession received by the person
under this Act, Part 6 of the Veterans’ Support Act 2014, or Part 1 of the
New Zealand Superannuation and Retirement Income Act 2001:
(b) any pension or allowance (other than weekly income compensation or
weekly compensation) under the Veterans’ Support Act 2014 received
by any person because of the person’s own disablement:
(c) any surviving spouse or partner pension received by the person under
section 66 of the Veterans’ Support Act 2014:
(d) any, or any part of any, pension or other periodical allowance received
by any person from the Government of any Commonwealth country
(other than New Zealand) that MSD determines is analogous to a pen-
sion or allowance specified in paragraph (b) or (c):
(e) the value of any assistance of a kind approved by MSD provided to the
person as a person with a health condition, injury, or disability to obtain
or remain in employment:

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(f) any money received by the person by way of funeral benefit from any
friendly society:
(g) a participation allowance received by the person:
(h) any money paid in respect of any military decoration and received by the
person as a recipient of that decoration:
(i) any money received by the person by way of an independence allowance
under section 54 of the Accident Rehabilitation and Compensation Insur-
ance Act 1992 or Part 13 or Part 4 of Schedule 1 of the Accident Insur-
ance Act 1998, or any impairment lump sum received under Schedule 1
of the Accident Compensation Act 2001:
(j) any money received by the person under the Oranga Tamariki Act 1989
in respect of the care of a child or young person (as those terms are
defined in that Act), including financial assistance received by a young
person (including a young adult), a caregiver, or other person under sec-
tion 386AAG or 386B of that Act:
(k) any income-related rent (within the meaning of the Housing Restructur-
ing and Tenancy Matters Act 1992):
(l) any tax credit or amount received by the person under—
(i) subparts MA to MG and MZ of the Income Tax Act 2007; or
(ii) subpart KD of the Income Tax Act 2004; or
(iii) subpart KD of the Income Tax Act 1994; or
(iv) Part 11A of the Income Tax Act 1976:
(m) any money received by the Commissioner of Inland Revenue by way of
child support which is not required to be paid to the person under the
Child Support Act 1991:
(n) any money received by the Commissioner of Inland Revenue by way of
child support which is paid to the person under section 142 of the Child
Support Act 1991:
(o) any amount of output tax charged in respect of a supply of goods and
services made by that person:
(p) any amount of goods and services tax payable by the Commissioner of
Inland Revenue to that person.
Compare: 1964 No 136 s 3(1), definition of income, paragraph (f)(i) to (xi), (xiii), (xvi), (xviii)

9 Income excludes amounts, etc, declared not to be income

A person’s income excludes any amount, item, payment, or income from speci-
fied source, declared by regulations made under section 422 not to be income.
Compare: 1964 No 136 ss 3(1), definition of income, paragraph (f)(xii), (xiv), (xv), (xvii), 3(3), 66,
66A, 66B, 68, Schedule 10

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10 Considerations for whether income-related insurance payment or income-

related purpose
In considering, in respect of a person, whether a payment, credit, or service is
an income-related insurance payment or (as the case may be) is for an income-
related purpose, MSD must have regard to the following matters:
(a) the nature of the contingency in respect of which the payment, credit, or
service was made, provided, or used:
(b) the nature of the payment, credit, or service:
(c) the manner in which, and the occasions on which, the payment, credit, or
service is made, provided, or used:
(d) the manner in which the right to or eligibility for the payment, credit, or
service is expressed in any contract of insurance or in any other docu-
ment:
(e) whether the payment, credit, or service is required to be made or provi-
ded to any other person and, if so, the relationship between the persons:
(f) whether the person has assigned the person’s right to receive the pay-
ment, credit, or service:
(g) any other matters that MSD considers, in the circumstances of the par-
ticular case, to be relevant.
Compare: 1964 No 136 s 3(1), definition of income, paragraphs (b) and (f)(xiv)(C), definition of
income-related insurance payment, s 3(4)

Part 3
Calculation of income
11 Interpretation
In clauses 12 to 14,—
appropriate number of weeks means a number that—
(a) must not exceed 52; and
(b) is specified, for the benefit concerned, in regulations made under section
418(1)(o)
specified provision means a provision that is all or a portion of all or any of
the following:
(a) this Act (for example, a schedule of this Act):
(b) the New Zealand Superannuation and Retirement Income Act 2001:
(c) Part 6 of the Veterans’ Support Act 2014.
Compare: 1964 No 136 s 64(1), (2), (2A)

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12 How annual income calculated

(1) A person’s annual income, for the rate of benefit, or as referred to in a specified
provision, is (unless the context otherwise requires) the person’s estimated
income for the 52 weeks commencing on the date on which the benefit (if gran-
ted, or regranted) will commence.
(2) The estimated annual income for the 52 weeks specified in subclause (1) is an
amount equal to the income received by the person for the 52 weeks ending on
the day preceding the date on which the benefit, if granted or regranted, will
commence as MSD determines.
Compare: 1964 No 136 s 64(1), (2)

13 How weekly income calculated

(1) A person’s weekly income, for the rate of benefit, or as referred to in a speci-
fied provision, is (unless the context otherwise requires) the person’s weekly
income calculated by dividing the person’s total income over the appropriate
number of weeks by that number of weeks.
(2) MSD may, in calculating a person’s weekly income under subclause (1), deter-
mine the period or periods to which any income relates, having regard to—
(a) the extent to which it was earned in that period or those periods; or
(b) the extent to which any other entitlement to it arose in, or in respect of,
that period or those periods; or
(c) the period or periods for which it was otherwise received, acquired, paid,
provided, or supplied.
(3) MSD’s determination under subclause (2) is not limited to, or by, the exact
time or times of the relevant earning, entitlement, receipt, acquisition, payment,
provision, or supply, referred to in subclause (2)(a) to (c).
Compare: 1964 No 136 s 64(2A), (2B)

14 Adjustments for likely reductions or increases

The estimated income for the period for which the calculation under clause
12(1) or 13(1) is made is the income as calculated under clause 12(1) or 13(1),
but adjusted for all (if any) of the following deductions and additions:
(a) MSD may deduct any items by which MSD is satisfied that income as so
calculated is likely to be reduced:
(b) MSD may add any items by which MSD is satisfied that income as so
calculated is likely to be increased.
Compare: 1964 No 136 s 64(3)

15 Rules on how MSD determines income of people engaged in business or

trade
(1) The Governor-General may, by Order in Council, make rules—

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(a) prescribing how MSD is to assess and determine for the purposes of this
Act the income of all or any of the following:
(i) self-employed people:
(ii) people carrying on business in a partnership:
(iii) people trading as a small business:
(iv) directors of a company:
(v) people carrying on business or trade through a company of which
they are—
(A) a director and a shareholder; or
(B) an employee and a shareholder; or
(C) a director, a shareholder, and an employee:
(vi) people otherwise engaged in business or trade; and
(b) prescribing the circumstances in which those rules apply.
(2) Rules made under subclause (1) may prescribe for the purposes of this Act all
or any of the following:
(a) the kinds of deduction from income allowed under the Income Tax Act
2007 that are to be disregarded in determining income, and—
(i) the circumstances in which the deductions are to be disregarded;
and
(ii) whether the deductions are to be disregarded wholly or in part
only:
(b) how income is to be calculated if business accounts are presented in cash
or accrual form:
(c) livestock valuation methods, and their treatment, in calculating income:
(d) the extent (if any) to which, and circumstances in which, all or any of the
following are to be treated as a person’s income:
(i) the person’s drawings from a business or trade:
(ii) goods or services supplied to the person by a business or trade:
(iii) distributions to the person from a business or trade:
(iv) income from a business or trade by the person:
(e) how it is to be determined whether a person has used assets of a business
or trade for no consideration or inadequate consideration:
(f) how a person’s income is to be determined if the person has used assets
of a business or trade for no consideration or inadequate consideration:
(g) the extent (if any) to which depreciation or other provision for replace-
ment of capital assets is to be—
(i) allowed as a deduction from income; or

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(ii) disregarded in calculating income:

(h) the extent (if any) to which, and circumstances in which, either or both
of the following are to be treated as income:
(i) distributions from a company:
(ii) retained profits of a company:
(i) the treatment of look-through companies (within the meaning of the
Income Tax Act 2007).
(3) Subclause (2)(d) applies to businesses and trades however they are carried on.
(4) Subclause (3) does not limit subclause (1).
(5) Rules made under subclause (1), if those rules reduce the income of people,
have effect in respect of any income specified in the rules on and after a date
that is—
(a) specified in the rules; and
(b) earlier than, the same as, or later than, the date on which the rules are
made.
Compare: 1964 No 136 s 132H

Part 4
Deprivation of income or property
16 Effect of deprivation of income or property
(1) This clause applies if MSD is satisfied that—
(a) deprivation of 1 or both of the following kinds has occurred:
(i) an applicant for a benefit has, directly or indirectly, deprived the
applicant of income, property, or both:
(ii) the spouse or partner of an applicant for a benefit has, directly or
indirectly, deprived the spouse or partner of income, property, or
both; and
(b) the deprivation results in the applicant’s qualifying for that benefit, any
other benefit, or an increased rate of benefit.
(2) MSD may refuse to grant a benefit, cancel or reduce a benefit already granted,
or grant a benefit at a reduced rate.
(3) In this clause and clause 17,—
income excludes, for 12 months after the date of the person’s receipt of the
amount, an amount that—
(a) MSD considers is, or might have been, derived by a person from—
(i) an impairment lump sum under Schedule 1 of the Accident Com-
pensation Act 2001; or

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(ii) a lump sum payment of an independence allowance under Part 13

or Part 4 of Schedule 1 of the Accident Insurance Act 1998; and
(b) is paid to, and received by, the person, after (when section 74(2) of the
Social Security Act 1964 commenced at) the close of 31 March 2002
property excludes, for 12 months after the date of the person’s receipt of the
sum or payment, a sum or payment that—
(a) was paid to, and received by, a person as—
(i) an impairment lump sum under Schedule 1 of the Accident Com-
pensation Act 2001; or
(ii) a lump sum payment of an independence allowance under Part 13
or Part 4 of Schedule 1 of the Accident Insurance Act 1998; and
(b) is paid to, and received by, the person, after (when section 74(2) of the
Social Security Act 1964 commenced at) the close of 31 March 2002.
(4) This clause—
(a) overrides any provisions to the contrary in this Act (under clause 2(3)),
Part 6 of the Veterans’ Support Act 2014, or the New Zealand Super-
annuation and Retirement Income Act 2001; but
(b) is subject to any rules prescribed by rules under clause 17.
Compare: 1964 No 136 s 74(1)(d), (2)

17 Rules on how MSD determines deprivation of income or property

The Governor-General may, by Order in Council, for the purposes of clause 16
make rules—
(a) relating to the deprivation of income, property, or both; and
(b) prescribing the circumstances in which the rules apply.
Compare: 1964 No 136 s 132I

Part 5
Effect on liabilities of insurance payments
18 How accommodation costs affected by debt insurance payment in relation
to mortgage security
(1) This clause applies to a person if a debt insurance payment in relation to a
mortgage security is made to the person, or to some other person—
(a) on the person’s behalf; or
(b) for the person’s benefit.
(2) For the purposes of the definition in section 65 of accommodation costs, the
payments required to be made by that person under that mortgage security are
taken to be reduced by the amount of the debt insurance payment.
Compare: 1964 No 136 s 68A(1)

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19 How expenses for disability allowance may be affected by health or

disability insurance payment
(1) This clause applies to a person if a health or disability insurance payment is
made to the person, or to some other person—
(a) on the person’s behalf; or
(b) for the person’s benefit; or
(c) on behalf of a member of the person’s family; or
(d) for the benefit of a member of the person’s family.
(2) For the purposes of subpart 14 of Part 2 (disability allowance), any additional
expenses of the person arising from the person’s disability, or expenses arising
from the hospitalisation of the person’s spouse or partner, as the case may be,
are taken to be reduced to the extent, if any, MSD considers appropriate.
(3) MSD must, in determining the extent of any reduction, have regard to the
nature of the payment and those additional expenses or expenses.
Compare: 1964 No 136 s 68A(3)

20 How commitments for temporary additional support may be affected by

debt, or health or disability, insurance payment
(1) This clause applies to a person if a debt insurance payment, or a health or disa-
bility insurance payment, is made to the person, or to some other person—
(a) on the person’s behalf; or
(b) for the person’s benefit; or
(c) on behalf of a member of the person’s family; or
(d) for the benefit of a member of the person’s family.
(2) For the purposes only of temporary additional support, the person’s commit-
ments are taken to be reduced to the extent, if any, MSD considers appropriate.
(3) MSD must, in determining the extent of any reduction, have regard to the
nature of the payment and of those commitments.
(4) In this clause, temporary additional support means either or both of the fol-
lowing:
(a) temporary additional support under subpart 16 of Part 2:
(b) a special benefit continued under section 23 of the Social Security
(Working for Families) Amendment Act 2004 (as that section is saved
by clause 19 of Schedule 1 of this Act).
Compare: 1964 No 136 s 68A(2)

21 How costs, etc, for approved programme of special assistance may be

affected by debt, or health or disability, insurance payment
(1) This clause applies to a person if a debt insurance payment, or a health or disa-
bility insurance payment, is made to the person, or to some other person—

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(a) on the person’s behalf; or

(b) for the person’s benefit; or
(c) on behalf of a member of the person’s family; or
(d) for the benefit of a member of the person’s family.
(2) For the purposes of any approved special assistance programme under section
101, the costs, expenses, and commitments of the person are taken to be
reduced to the extent, if any, MSD considers appropriate having regard to the
nature of the payment and those costs, expenses, and commitments.
Compare: 1964 No 136 s 68A(4)

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Schedule 4
Rates of benefits
ss 17, 21, 38, 55, 62, 89, 165–168, 206,
282, 341, 370, 423, 442, 452, 453,
Schedules 1, 2

Contents
Page
Part 1
Jobseeker support
Part 2
Sole parent support
Part 3
Supported living payment
Part 4
Orphan’s benefit
Part 5
Unsupported child’s benefit
Part 6
Rates and component of youth payment and young parent
payment, and criteria for incentive payments
Subpart 1—Rates of youth payment and young parent payment
Subpart 2—Component
Subpart 3—Rates of incentive payments
Subpart 4—Abatement rates and income limits
Part 7
Accommodation supplement
Part 8
Winter energy payment
Part 9
Child disability allowance and disability allowance
Part 10
Rates of generally abolished former widows’ benefits under
section 21 of Social Security Act 1964 as saved by clause 55 of
Schedule 1 of this Act for reciprocity agreement applicants or
recipients

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Part 11
Rates of generally abolished former DPB for solo parents
under section 27B of Social Security Act 1964 as saved by
clause 55 of Schedule 1 of this Act for reciprocity agreement
applicants or recipients
Part 12
Rates of benefits payable to long-term hospital patients

Part 1
Jobseeker support

1 (a) To a single beneficiary under the age of 20 $143.55 a week, subject to Income
years who is— Test 3
(i) living with a parent (as that term is
defined in clause 8); and
(ii) whose benefit commenced on or after
1 July 1998
(b) To any other single beneficiary under the age $179.44 a week, subject to Income
of 25 years without dependent children (see Test 3
clause 7)
(c) To any other single beneficiary without $224.28 a week, subject to Income
dependent children and who was on 15 July Test 1
2013 transferred to jobseeker support by
clause 2(9) and (11), or by clause 10(6) and
(8), of Schedule 32 of the Social Security
Act 1964
(d) To any other single beneficiary without $215.34 a week, subject to Income
dependent children Test 3
(e) To any single beneficiary whose youngest $334.05 a week, subject to Income
dependent child is aged at least 14 years Test 1
(including, without limitation, any such bene-
ficiary who is a beneficiary of a kind specified
in clause 4(a), (b), or (c), and see also MSD’s
discretion (to disregard specified income used
to meet the cost of childcare) under clause 5)
(f) To any other single beneficiary with 1 or more $334.05 a week, subject to Income
dependent children Test 1
(g) To a beneficiary who is in a relationship (i) $179.44 a week subject to
whose spouse or partner is granted, in the Income Test 4 if the
spouse’s or partner’s own right, a main benefit beneficiary and his or her
under this Act spouse or partner do not have
1 or more dependent
children; or
(ii) $192.25 a week subject to
Income Test 4 if the
beneficiary and his or her
spouse or partner have 1 or
more dependent children
(h) To a beneficiary who is in a relationship (i) $179.44 a week subject to
whose spouse or partner is granted, in the Income Test 4 if the

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spouse’s or partner’s own right, New Zealand beneficiary and his or her
superannuation spouse or partner do not have
1 or more dependent
children; or
(ii) $205.06 a week subject to
Income Test 4 if the
beneficiary and his or her
spouse or partner have 1 or
more dependent children
(i) To a beneficiary who is in a relationship (i) $179.44 a week subject to
whose spouse or partner is granted, in the Income Test 3 if the
spouse’s or partner’s own right, a veteran’s beneficiary and his or her
pension spouse or partner do not have
1 or more dependent
children; or
(ii) $205.06 a week subject to
Income Test 3 if the
beneficiary and his or her
spouse or partner have 1 or
more dependent children
(j) To a beneficiary who is in a relationship (i) $358.88 a week subject to
whose spouse or partner is not granted a main Income Test 3 if the
benefit under this Act, New Zealand super- beneficiary and his or her
annuation, or a veteran’s pension, in the spou- spouse or partner do not have
se’s or partner’s own right 1 or more dependent
children; or
(ii) $384.50 a week subject to
Income Test 3 if the
beneficiary and his or her
spouse or partner have 1 or
more dependent children
2 Maximum increase in respect of a housekeeper $179.44 a week
3 Special rate of benefit (and a rate to be received by the (i) $179.44 a week subject to
person during the period of non-entitlement of the Income Test 4 if the
person’s spouse or partner) for a person who has a beneficiary does not have
spouse or partner who is ineligible for a benefit for a 1 or more dependent
period because of— children; or
(a) the application of sections 225 to 229 (which (ii) $192.25 a week subject to
relate to voluntary unemployment or loss of Income Test 4 if the
employment through misconduct, etc); or beneficiary has 1 or more
dependent children
(b) the application of sections 234 to 238 (which
relate to sanctions that may be imposed for
failures to comply with work-test or other
obligations and work-preparation interviews
and exercises); or
(c) a strike, either by the spouse or partner, or by
fellow members of the same union at the same
place of employment
4 A single beneficiary whose youngest dependent child is aged at least 14 years, referred to in
clause 1(e), includes, without limitation, any such beneficiary who is—
(a) a beneficiary who (as a person with a dependent child aged under 14 years) was on
15 July 2013 transferred by clause 2(6) and (8) of Schedule 32 of the Social Security
Act 1964 to sole parent support that after 14 July 2013 and under section 20H(1) and (2)
of that Act expired, and was replaced with jobseeker support that commenced, on the
date that the beneficiary’s youngest dependent child turned 14 years old; or

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(b) a beneficiary who (as a person without a dependent child aged under 14 years) was on
15 July 2013 transferred to jobseeker support by clause 2(9) and (11) of Schedule 32 of
the Social Security Act 1964; or
(c) a beneficiary whose entitlement to jobseeker support arose from applying for it, and
being granted it, after 14 July 2013.
5 For the purposes of clause 1(e) and of clause 1(f), MSD may disregard up to $20 a week of the
beneficiary’s personal earnings used to meet the cost of childcare for any of the beneficiary’s
dependent children.
6 A person to whom section 30(1)(e) (which relates to having lost the regular support of a spouse
or partner who is subject to a sentence of imprisonment, etc) applies is treated as a single bene-
ficiary for the purposes of clauses 1(e) and (f) and 4.
7 In this Part, dependent child (as defined in Schedule 2) excludes a child in respect of whom an
orphan’s benefit or an unsupported child’s benefit is being paid.
8 In this Part, living with a parent, in relation to a person and a parent (which, in this definition,
means a parent, a guardian, or a person acting as a parent),—
(a) means living in the same home as a parent of the person; but
(b) does not include a situation in which a person lives in the same home as a parent of the
person if—
(i) the parent is financially dependent on the person; or
(ii) the person, at the person’s own expense, provides accommodation for the parent
in the home; or
(iii) the person provides a substantial degree of care to the parent; or
(iv) the home is a hostel, boardinghouse, or similar lodging, and the person and the
parent pay for accommodation in it.

Part 2
Sole parent support

1 To a beneficiary with 1 or more dependent children: $334.05 a week, subject to Income

Test 1.
2 For the purposes of clause 1, MSD may disregard up to $20 a week of the beneficiary’s per-
sonal earnings used to meet the cost of childcare for any of the beneficiary’s dependent chil-
dren.
3 For the purposes of clause 1, MSD may treat all or any part of the income (including, without
limitation, any pension or allowance under the Veterans’ Support Act 2014) of the spouse or
partner of an applicant to whom section 30(1)(b) or (e) applies as if it were income derived
by that applicant if MSD—
(a) has had regard to its nature and the means by which it was derived; and
(b) considers that treatment of it to be reasonable in the circumstances.
4 In this Part, dependent child (as defined in Schedule 2) excludes a child in respect of whom
an orphan’s benefit or an unsupported child’s benefit is being paid.

Part 3
Supported living payment

1 (a) To a single beneficiary under the age of 18 years $217.80 a week, subject to Income
without dependent children Test 1

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(b) To any other single beneficiary without depend- $269.15 a week, subject to Income
ent children Test 1
(c) To a single beneficiary with 1 or more dependent $379.19 a week, subject to Income
children Test 1
(d) To a beneficiary who is in a relationship, whose (i) $224.28 a week subject to
spouse or partner is granted, in the spouse’s or Income Test 2 if the benefi-
partner’s own right, a main benefit under this ciary and his or her spouse
Act or partner do not have 1 or
more dependent children;
or
(ii) $237.09 a week subject to
Income Test 2 if the benefi-
ciary and his or her spouse
or partner have 1 or more
dependent children
(e) To a beneficiary who is in a relationship, whose (i) $224.28 a week subject to
spouse or partner is granted, in the spouse’s or Income Test 2 if the benefi-
partner’s own right, New Zealand superannu- ciary and his or her spouse
ation or partner do not have 1 or
more dependent children;
or
(ii) $249.90 a week subject to
Income Test 2 if the
beneficiary and his or her
spouse or partner have 1 or
more dependent children
(f) To a beneficiary who is in a relationship, whose (i) $224.28 a week subject to
spouse or partner is granted, in the spouse’s or Income Test 1 if the benefi-
partner’s own right, a veteran’s pension ciary and his or her spouse
or partner do not have 1 or
more dependent children;
or
(ii) $249.90 a week subject to
Income Test 1 if the benefi-
ciary and his or her spouse
or partner have 1 or more
dependent children
(g) To a beneficiary receiving a supported living (i) $448.56 a week subject to
payment under section 34 on the ground of Income Test 1 if the benefi-
restricted work capacity or total blindness who is ciary and his or her spouse
in a relationship, whose spouse or partner is not or partner do not have 1 or
granted, in the spouse’s or partner’s own right, a more dependent children;
main benefit under this Act or New Zealand or
superannuation or a veteran’s pension (ii) $474.18 a week subject to
Income Test 1 if the benefi-
ciary and his or her spouse
or partner have 1 or more
dependent children
(h) To a beneficiary receiving a supported living (i) $224.28 a week subject to
payment under section 40 on the ground of car- Income Test 1 if the benefi-
ing for another person, if the beneficiary is in a ciary and his or her spouse
relationship, and the beneficiary’s spouse or part- or partner do not have 1 or
ner is not granted, in the spouse’s or partner’s more dependent children;
own right, a main benefit under this Act or New or
Zealand superannuation or a veteran’s pension

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(ii) $249.90 a week subject to

Income Test 1 if the benefi-
ciary and his or her spouse
or partner have 1 or more
dependent children
However, in computing the income of any beneficiary receiving a supported living payment
under section 34 for the purpose of this schedule, MSD must—
(a) disregard that part of the beneficiary’s income (not exceeding $20 a week) earned by the
beneficiary’s own efforts; and
(b) disregard all of the income of a totally blind beneficiary earned by the beneficiary’s own
efforts.
2 Maximum amount from all sources where subsidy (that $354.28 a week, increased by
is to say, an additional allowance under clause 3) is paid $44.87 a week if the beneficiary is
on earnings of blind beneficiary, in every case a single person
3 A person (P) who receives a supported living payment in respect of P’s total blindness and who
is employed, is entitled to an additional allowance (subsidy) equal to 25% of P’s average
earnings for the year.
4 However, if payment of that additional allowance would result in the total amount P receives
from all sources for P’s own use in any year, including the value of any benefits in kind,
exceeding the appropriate amount specified in clause 2, the additional allowance—
(a) must not be paid; or
(b) must be paid at a reduced rate to avoid that result.
5 A beneficiary who is in a relationship is entitled to be paid at half the appropriate rate in clause
1(d), (e), (f), (g), or (h) and at half the abatement rate applying to that rate if the beneficiary—
(a) has a psychiatric, intellectual, physical, or mental disability; and
(b) is receiving long-term residential care in a hospital or rest home because of that disabil-
ity; and
(c) has not been means assessed under Part 6 of the Residential Care and Disability Support
Services Act 2018.
6 A supported living payment payable to the spouse or partner of a person to whom clause 5
applies is payable at the appropriate rate specified in clause 1(b) or (c) if that spouse or partner
is not receiving long-term residential care in a hospital or rest home.
7 Despite paragraphs (d), (e), (f), and (g) of clause 1, the rate of a supported living payment on the
ground of caring for another person under any of those paragraphs must not be less than the
rates that would be payable if the beneficiary and the spouse or partner of the beneficiary were
both entitled to receive the benefit on those grounds; but the rate of benefit payable by virtue of
this clause must not exceed—
(a) $224.28 a week if the beneficiary and the spouse or partner of the beneficiary have no
dependent children; or
(b) $249.90 a week if the beneficiary and the spouse or partner of the beneficiary have 1 or
more dependent children.
8 In this Part, dependent child (as defined in Schedule 2) excludes a child in respect of whom an
orphan’s benefit or an unsupported child’s benefit is being paid.

Part 4
Orphan’s benefit

1 (a) In respect of a child aged 14 years or $229.83 a week

over
(b) In respect of a child aged over 10 years $211.95 a week
and under 14 years

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(c) In respect of a child aged over 5 years $193.99 a week

and under 10 years
(d) In respect of a child aged under 5 years $169.97 a week
2 The amount specified in clause 1 must be diminished by $1 for every complete $1 of the annual
income of the child (other than personal earnings of the child) in excess of 50% of the
appropriate amount specified under that clause.
3 On and after 1 July 2018, in addition to the applicable rate in clause 1, a clothing allowance in
respect of the child in the same amount or at the same rate as any clothing allowance specified
under section 363 of the Oranga Tamariki Act 1989 for the rates of payment to persons or
organisations in whose charge a child or young person is placed under section 362 of that Act.

Part 5
Unsupported child’s benefit

1 (a) In respect of a child aged 14 years or $229.83 a week

over
(b) In respect of a child aged over 10 years $211.95 a week
and under 14 years
(c) In respect of a child aged over 5 years $193.99 a week
and under 10 years
(d) In respect of a child aged under 5 years $169.97 a week
2 The amount specified in clause 1 must be diminished by $1 for every complete $1 of the annual
income of the child (other than personal earnings of the child) in excess of 50% of the
appropriate amount specified under that clause.
3 On and after 1 July 2018, in addition to the applicable rate in clause 1, a clothing allowance in
respect of the child in the same amount or at the same rate as any clothing allowance specified
under section 363 of the Oranga Tamariki Act 1989 for the rates of payment to persons or
organisations in whose charge a child or young person is placed under section 362 of that Act.

Part 6
Rates and component of youth payment and young parent payment,
and criteria for incentive payments
Subpart 1—Rates of youth payment and young parent payment
1 For a single young person without dependent chil- $179.44 a week subject to clause 11
dren
2 For a single young person who— $169.17 a week subject to clause 11
• is aged 16 to 17 years; and
• is living with or being financially suppor-
ted by a parent or guardian; and
• has a dependent child or children
3 For any other single young person with a depend- $334.05 a week subject to clause 11
ent child or children
4 For a young person who is in a relationship and is $179.44 a week subject to clause 12
without dependent children
5 For a young person who is in a relationship and (a) $205.06 a week subject to clause 12
has a dependent child or children if the young person’s spouse or part-

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ner is not receiving a main benefit

under this Act; or
(b) $192.25 a week subject to clause 12
if the young person’s spouse or part-
ner is receiving a main benefit under
this Act
6 In this Part, dependent child (as defined in Sched-
ule 2) excludes a child in respect of whom an
orphan’s benefit or an unsupported child’s benefit
is being paid.

Subpart 2—Component
7 Maximum amount of in-hand allowance $50 a week

Subpart 3—Rates of incentive payments

8 Education, training, or work-based learning incentive $10 a week
9 Budgeting incentive $10 a week
10 Parenting education incentive $10 a week

Subpart 4—Abatement rates and income limits

11 The applicable rate of youth payment or young parent payment in clause 1, 2, or 3 must be
reduced by $1 for every $1 of the young person’s weekly income that exceeds $217.22, but
no amount of youth payment or young parent payment or incentive payment is payable if the
young person’s weekly income exceeds $267.22.
12 The applicable rate of youth payment or young parent payment in clause 4 or 5 must be
reduced by 50 cents for every $1 of the combined weekly income of the young person and
the young person’s spouse or partner that exceeds $217.22, but no amount of youth payment
or young parent payment or incentive payment is payable if that combined income exceeds
$317.22.
13 For the purposes of clause 11 or 12 and a rate of young parent payment, MSD may disregard
up to $20 a week of the personal earnings of the young person used to meet the costs of
childcare for any of the person’s dependent children (see clause 6).

Part 7
Accommodation supplement

1 To a person who has 1 or 70% of the amount by which an applicant’s weekly

more dependent children and accommodation costs exceeds 25% of the base rate, but not
who is in a relationship, or a more than—
sole parent with 2 or more (a) $305 a week, if the applicant resides in Area 1:
dependent children, whose
accommodation costs are rent (b) $220 a week, if the applicant resides in Area 2:
or payments for board and (c) $160 a week, if the applicant resides in Area 3:
lodgings
(d) $120 a week, if the applicant resides in Area 4
2 To a person who has no 70% of the amount by which an applicant’s weekly
dependent children and who accommodation costs exceeds 25% of the base rate, but not
more than—

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is in a relationship, or a sole (a) $235 a week, if the applicant resides in Area 1:

parent with 1 dependent (b) $155 a week, if the applicant resides in Area 2:
child, whose accommodation
costs are rent or payments for (c) $105 a week, if the applicant resides in Area 3:
board and lodgings (d) $80 a week, if the applicant resides in Area 4
3 To any other person whose 70% of the amount by which an applicant’s weekly
accommodation costs are rent accommodation costs exceeds 25% of the base rate, but not
or payments for board and more than—
lodgings (a) $165 a week, if the applicant resides in Area 1:
(b) $105 a week, if the applicant resides in Area 2:
(c) $80 a week, if the applicant resides in Area 3:
(d) $70 a week, if the applicant resides in Area 4
4 To a person who has 1 or 70% of the amount by which an applicant’s weekly
more dependent children and accommodation costs exceeds 30% of the base rate, but not
who is in a relationship, or a more than—
sole parent with 2 or more (a) $305 a week, if the applicant resides in Area 1:
dependent children, whose
accommodation costs are the (b) $220 a week, if the applicant resides in Area 2:
sum of payments required (c) $160 a week, if the applicant resides in Area 3:
under any mortgage security,
(d) $120 a week, if the applicant resides in Area 4
and other payments that the
chief executive is satisfied
are reasonably required to be
made in respect of the per-
son’s home
5 To a person who has no 70% of the amount by which an applicant’s weekly
dependent children and who accommodation costs exceeds 30% of the base rate, but not
is in a relationship, or a sole more than—
parent with 1 dependent (a) $235 a week, if the applicant resides in Area 1:
child, whose accommodation
costs are the sum of pay- (b) $155 a week, if the applicant resides in Area 2:
ments required under any (c) $105 a week, if the applicant resides in Area 3:
mortgage security, and other
(d) $80 a week, if the applicant resides in Area 4
payments that the chief
executive is satisfied are
reasonably required to be
made in respect of the per-
son’s home
6 To any other person whose 70% of the amount by which an applicant’s weekly
accommodation costs are the accommodation costs exceeds 30% of the base rate, but not
sum of payments required more than—
under any mortgage security, (a) $165 a week, if the applicant resides in Area 1:
and other payments that the
chief executive is satisfied (b) $105 a week, if the applicant resides in Area 2:
are reasonably required to be (c) $80 a week, if the applicant resides in Area 3:
made in respect of the per-
(d) $70 a week, if the applicant resides in Area 4
son’s home
7 In this Part, dependent child (as defined in Schedule 2) excludes a child in respect of whom an
orphan’s benefit or an unsupported child’s benefit is being paid.
8 For the purposes of subpart 10 of Part 2 and of this Part of this schedule,—
Area 1 means the following parts of New Zealand (as on 26 June 2017 defined by the Govern-
ment Statistician):
Arrowtown urban area
Bombay area unit

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Schedule 4 Social Security Act 2018 2018 No 32

Central Auckland urban zone

Clevedon area unit
Glenbrook area unit
Helensville South area unit
Helensville urban area
Hunua area unit
Karekare area unit
Kaukapakapa area unit
Kaukapakapa rural area unit
Kingseat area unit
Mahurangi area unit
Muriwai Beach area unit
Muriwai Valley area unit
Northern Auckland urban zone
Parakai urban area unit
Patumahoe area unit
Pokeno area unit
Pukekohe urban area
Queenstown urban area
Rewiti area unit
Riverhead area unit
Snells Beach urban area
Southern Auckland urban zone
Tahekeroa area unit
Tauranga urban area
Waiheke Island urban area
Waitakere West area unit
Waiuku urban area
Wanaka urban area
Warkworth urban area
Western Auckland urban zone
Area 2 means the following parts of New Zealand (as on 26 June 2017 defined by the Govern-
ment Statistician):
Amberley urban area
Ashburton urban area
Awhitu area unit
Blenheim urban area
Brightwater urban area
Cambridge urban zone
Cape Rodney area unit
Cape Rodney South area unit
Christchurch urban area
Cromwell urban area
Darfield urban area
Great Barrier Island area unit
Hamilton urban zone

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Hastings urban zone

Islands–Motutapu, Rangitoto, Rakino area unit
Kaiaua area unit
Kapiti urban area
Katikati Community urban area
Kawakawa–Orere area unit
Kawau area unit
Kerikeri urban area
Leeston urban area
Leigh area unit
Lincoln urban area
Little Barrier Island area unit
Lower Hutt urban zone
Makara–Ohariu area unit
Mangatawhiri area unit
Mangawhai area unit
Mangawhai Heads urban area
Mapua urban area
Maramarua area unit
Matakana area unit
Matamata urban area
Matheson Bay area unit
Meremere area unit
Moonshine Valley area unit
Motueka urban area
Napier urban zone
Nelson urban area
New Plymouth urban area
Ngunguru urban area
Omaha area unit
Onewhero area unit
Otaua area unit
Oxford urban area
Paparata area unit
Parakai rural area unit
Point Wells area unit
Porirua urban zone
Raglan urban area
Rakaia urban area
Rangiora urban area
Rapaura area unit
Rolleston urban area
South Head area unit
Tauhoa–Puhoi area unit
Taupo urban area

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Te Awamutu urban zone

Te Kauwhata urban area
Te Puke Community urban area
Upper Hutt urban zone
Waihi Beach urban area
Wakefield urban area
Wellington urban zone
Wellsford urban area
Whangamata urban area
Whangarei urban area
Whitianga urban area
Woodend urban area
Area 3 means the following parts of New Zealand (as on 26 June 2017 defined by the Govern-
ment Statistician):
Alexandra urban area
Carterton urban area
Cloustonville area unit
Coromandel urban area
Dargaville urban area
Dunedin urban area
Edgecumbe urban area
Feilding urban area
Geraldine urban area
Gisborne urban area
Greymouth urban area
Greytown urban area
Hanmer Springs area unit
Hawera urban area
Hokitika urban area
Huntly urban area
Inglewood urban area
Kaikohe urban area
Kaikoura urban area
Kaitaia urban area
Kapiti Island area unit
Kauwhata area unit
Kawakawa urban area
Levin urban area
Mana Island area unit
Mangaroa area unit
Martinborough urban area
Masterton urban area
Maungakotukutuku area unit
Methven urban area
Morrinsville urban area
Ngatea urban area

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Oamaru urban area

Opiki area unit
Otaki urban area
Otorohanga urban area
Paekakariki Hill area unit
Paeroa urban area
Paihia urban area
Palmerston North urban area
Pencarrow area unit
Picton urban area
Pleasant Point urban area
Rotorua urban area
Russell area unit
Shannon urban area
Taipa Bay–Mangonui urban area
Tairua urban area
Takaka urban area
Te Aroha urban area
Temuka urban area
Thames urban area
Timaru urban area
Tokomaru area unit
Tokorangi–Hiwinui area unit
Twizel Community urban area
Waihi urban area
Waikouaiti urban area
Waipawa urban area
Waitara urban area
Whakatane urban area
Winton urban area
Area 4 means any part of New Zealand not included in Area 1, Area 2, or Area 3.

Part 8
Winter energy payment

1 The rates of winter energy payment are as follows:

(a) to a person who is single and has no dependent children $450 per winter period
(b) to a person who is single and has 1 or more dependent $700 per winter period
children
(c) to a person who is in a relationship, and who is the $700 per winter period
1 spouse or partner who is entitled under section 72(3)
2 For the purposes of clause 1(a) and (b), dependent child, in relation to a person, means any
other person who—
(a) is a child—

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(i) whose care is primarily the responsibility of the person; and

(ii) who is being maintained as a member of that person’s family; and
(iii) who is financially dependent on that person; and
(b) may be, but need not be, a child in respect of whom payments are being made
under section 363 of the Oranga Tamariki Act 1989; and
(c) may be, but need not be, a child in respect of whom an orphan’s benefit
or an unsupported child’s benefit is being paid; and
(d) is not a child in respect of whom a young parent payment is being paid
in relation to a person who is not the child’s parent or step-parent.

Part 9
Child disability allowance and disability allowance

1 Rate of child disability allowance $47.64 a week

2 Maximum rate of disability allowance under section 85 $63.22 a week
3 Rate of special disability allowance under section 89 $39.43 a week

Part 10
Rates of generally abolished former widows’ benefits under
section 21 of Social Security Act 1964 as saved by clause 55 of
Schedule 1 of this Act for reciprocity agreement applicants or
recipients

1 To a beneficiary with 1 or more dependent children $334.05 a week,

subject to
Income Test 1
2 To a beneficiary without any dependent children $224.28 a week,
subject to
Income Test 1
3 For the purposes of clause 1, MSD may disregard up to $20 a week of the beneficiary’s personal
earnings used to meet the cost of childcare for any of the beneficiary’s dependent children.
4 In this Part, dependent child (as defined in Schedule 2) excludes a child in respect of whom an
orphan’s benefit or an unsupported child’s benefit is being paid.

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Part 11
Rates of generally abolished former DPB for solo parents under
section 27B of Social Security Act 1964 as saved by clause 55 of
Schedule 1 of this Act for reciprocity agreement applicants or
recipients

1 To a beneficiary with 1 or more dependent children $334.05 a week,

subject to
Income Test 1
2 To a beneficiary without any dependent children $224.28 a week,
subject to
Income Test 1
3 For the purposes of clause 1, MSD may disregard up to $20 a week of the beneficiary’s personal
earnings used to meet the cost of childcare for any of the beneficiary’s dependent children.
4 In this Part, dependent child (as defined in Schedule 2) excludes a child in respect of whom an
orphan’s benefit or an unsupported child’s benefit is being paid.

Part 12
Rates of benefits payable to long-term hospital patients

1 To a person without dependent children who is in a relationship, or a $44.53 a week

single person, who is receiving a main benefit under this Act
2 In this Part, dependent child (as defined in Schedule 2) excludes a child in respect of whom an
orphan’s benefit or an unsupported child’s benefit is being paid.

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Schedule 5 Social Security Act 2018 2018 No 32

Schedule 5
Asset and income limits
ss 67, 85, 91, 93, 452

Part 1
Asset limits
1 For a single person without dependent children $1,076.96
2 For a person who is in a relationship with or without dependent children $1,794.51
3 For a sole parent with 1 dependent child $1,414.09
4 For any other sole parent $1,519.01

Part 2
Income limits
Per week
5 For a single person aged 16 or 17 years without dependent children $491.92
6 For any other single person without dependent children $565.36
7 For a person who is in a relationship with or without dependent chil- $821.16
dren
8 For a sole parent with 1 dependent child $686.04
9 For any other sole parent $722.78

Part 3
Disability allowance income limits
Per week
10 For a single person aged 16 or 17 years without dependent children $531.61
11 For any other single person without dependent children $648.92
12 For a person who is in a relationship with or without dependent chil- $963.80
dren
13 For a sole parent with 1 dependent child $741.41
14 For any other sole parent $781.14

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2018 No 32 Social Security Act 2018 Schedule 6

Schedule 6
Information gathering, disclosure, and matching
ss 2, 212, 300, 305, 360, 418, Schedules 1,
2

Contents
Page
MSD obtaining information by questions
1 Duty to answer questions asked by MSD 331
MSD obtaining information by notice
2 Power to obtain information 332
3 Purposes 333
4 Privilege 334
5 Offences 335
6 Power to obtain for matching purposes information from 335
employers
7 Matching of information obtained from employer 336
Code of conduct for information or documents requirements
8 General 337
9 Matters to be included 338
10 Relationship with Privacy Act 1993 code of practice 339
11 Availability, and application of Legislation Act 2012 339
12 Complaints of breach 339
Information disclosure
13 Beneficiary contact details for fines enforcement 340
14 Address details for birth registration purposes 341
15 Warrant to arrest information for determining effect on benefit 341
16 Disclosure for services to young people not in education or 342
training
17 Purpose of clause 18 342
18 Disclosure of information relevant to young people functions 343
19 Purpose of clause 20 343
20 Disclosure of information about people to whom service provider’s 344
contract applies
21 Complaints of breach of requirements for disclosure 344

MSD obtaining information by questions

1 Duty to answer questions asked by MSD
(1) A person (even if not an applicant for a benefit) must answer all questions the
person is asked (in any way) by MSD about all or any of the following:

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(a) an applicant for a benefit:

(b) a person who is or has been receiving a benefit:
(c) a statement contained in an application for a benefit:
(d) the means, earning capacity, or economic circumstances of a person,
when all or any of that information is reasonably required by MSD for
the purposes of section 46 (reports as to children) or 91 (reports as to
maintenance) of the Family Proceedings Act 1980:
(e) the means, earning capacity, or economic circumstances, of a person
who is or may be liable to maintain either or both of the following:
(i) an applicant for a benefit, or a beneficiary:
(ii) a dependant of an applicant for a benefit, or of a beneficiary.
(2) This clause does not require the person to provide any information that would
be privileged in a court of law.
(3) If a person refuses to disclose information on the ground that it is privileged
under subclause (2),—
(a) MSD, that person, or any other person to whom the information relates,
may apply to a District Court Judge for an order determining whether the
claim of privilege is valid; and
(b) the Judge may, for the purposes of determining an application of that
kind, require the information to be produced to the court.
(4) Section 290 (offences: false statements, misleading, or attempting to mislead,
to receive or continue to receive benefits) applies to answers to, and to omis-
sions to answer, the questions.
Compare: 1964 No 136 s 12(2)

MSD obtaining information by notice

2 Power to obtain information
(1) MSD may for all or any of the purposes specified in clause 3, by written notice
given to a person (P), require P, without charge, and within a period (of 5 or
more working days after the notice is given), and in the manner, stated in the
notice,—
(a) to give MSD information (even if the information is not contained in a
document) that MSD requires; or
(b) to give MSD, and allow MSD to make copies of or take extracts from, a
document (for example, a record) in or under P’s custody or control; or
(c) to give MSD copies of or extracts from a document in the custody or
under the control of P.
(2) MSD, in subclause (1), includes an MSD employee who is identified in the
notice.

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(3) P may, but need not, be a person who is an officer or employee—

(a) in the service of the Crown in a government department or public body
(other than as an officer of a court); and
(b) acting in the person’s official capacity.
(4) This clause is subject to clause 4 (privilege), and to the code of conduct under
clause 8.
Compare: 1964 No 136 s 11(1)

3 Purposes
Information may be obtained under clause 2 for all or any of the following pur-
poses:
(a) determining whether a person who has made a claim for, is receiving, or
has received, a benefit or payment under any of the following enact-
ments or programmes is or was entitled to receive that benefit or that
payment:
(i) this Act (for example, under a reciprocity agreement adopted by
an order made under section 380); or
(ii) Part 6 of the Veterans’ Support Act 2014:
(iii) Part 1 of the New Zealand Superannuation and Retirement
Income Act 2001:
(iv) a welfare programme approved by the Minister under section 101
of this Act:
(v) the Residential Care and Disability Support Services Act 2018:
(b) determining the rate of benefit or payment that is or was applicable to
that person:
(c) determining whether a person who has been issued with, or has made a
claim for, an entitlement card under regulations in force under section
437 is or was entitled to be issued with that card:
(d) conducting or reviewing a means assessment under Part 6 of the Resi-
dential Care and Disability Support Services Act 2018 (relating to pay-
ment for LTR contracted care as defined in section 10 of that Act), or
determining whether a means assessment of that kind is correct:
(e) determining, under Part 8 of the Residential Care and Disability Support
Services Act 2018, the amount that a person is required to pay towards
the cost of the home-based disability support services supplied to that
person, and whether a person who has been so assessed is entitled to that
assessment:
(f) ascertaining the financial circumstances or whereabouts of a person who
is indebted to the Crown under—

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(i) this Act (for example, under a reciprocity agreement adopted by

an order made under section 380); or
(ii) sections 27I to 27ZI (except section 27X) of, and Schedule 20 of,
the Social Security Act 1964 (as preserved by section 256(1) of
the Child Support Act 1991); or
(iii) section 61CA of the Social Security Act 1964 (Family Proceed-
ings Act 1980 maintenance payable to the Crown) (as that section
is saved by clause 49 of Schedule 1):
(iv) the Residential Care and Disability Support Services Act 2018:
(g) discharging MSD’s functions under, or under any regulations in force
under, an enactment or a programme in paragraph (a)(i) to (v).
Compare: 1964 No 136 s 11(2)

4 Privilege
(1) Clause 2 does not require a person to provide information or produce a docu-
ment that would be privileged in a court of law.
(2) Subclause (1) is subject to the exception specified in subclause (3).
(3) Clause 2 requires a person to provide information, or to produce a document,
even though the information or document is legally professionally privileged, if
the information or document—
(a) is contained in, or is all or a part of, a record prepared by or kept in con-
nection with a lawyer’s trust account; and
(b) consists wholly or partly of, or relates wholly or partly to,—
(i) the receipts, payments, income, expenditure, or financial transac-
tions of a specified person (whether the lawyer, the lawyer’s cli-
ent, or any other person); or
(ii) investment receipts (being receipts arising or accruing from any
money lodged at any time with a lawyer for investment) of any
person or persons (whether the lawyer, the lawyer’s clients, or any
other person or persons).
(4) Record, in subclause (3), includes a record that is an account, an audio or
audiovisual record, a book, an electronic record, or a statement.
(5) If a person refuses to disclose information or a document on the ground that it
is privileged under subclause (1) or (3), MSD or that person or another person
to whom the information or document relates may apply to a District Court
Judge for an order determining whether or not the claim of privilege is valid.
(6) The Judge may, for the purposes of determining the application, require the
information or document to be produced to the court.
(7) In this clause and clause 9,—

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lawyer means either or both of the following:

(a) a person who is or has been a barrister or solicitor of the High Court
(whether or not the barrister or solicitor is or has been a lawyer as
defined in section 6 of the Lawyers and Conveyancers Act 2006):
(b) a firm or an incorporated law firm (within the meaning of the Lawyers
and Conveyancers Act 2006) in which a lawyer to whom paragraph (a)
applies is or has been, or is or has been held out to be, a partner, director,
or shareholder
trust account, in relation to a lawyer, has the same meaning as in section 6 of
the Lawyers and Conveyancers Act 2006.
Compare: 1964 No 136 s 11(4)–(6)

5 Offences
(1) A person commits an offence if the person—
(a) refuses or fails, without reasonable excuse, to comply with a notice
given under clause 2 to the extent that the person is capable of comply-
ing with it; or
(b) purports to comply with a notice given under clause 2 by knowingly or
recklessly giving (or attempting to give) information (for example, infor-
mation in the form of a document or record) that is false or misleading in
a material particular.
(2) An offence against subclause (1)(a) is a strict liability offence, and therefore
does not require the prosecution to prove that the defendant intended, or knew
or was reckless about, the defendant’s refusal or failure.
(3) However, in proceedings for an offence against subclause (1)(a)—
(a) the prosecutor need not assert in the charging document that the without-
reasonable-excuse exception does not apply; and
(b) the burden of proving that the without-reasonable-excuse exception
applies lies on the defendant.
(4) A person who commits an offence against this clause is liable on conviction to
a fine not exceeding $2,000.
Compare: 1964 No 136 s 11(3)

6 Power to obtain for matching purposes information from employers

(1) This clause applies to an employer if MSD has reason to suspect that there is,
or may have been, employed by the employer, a person or people—
(a) to whom benefits, or payments under this Act, have been paid that
should not have been; or
(b) to whom entitlement cards have been issued that should not have been;
or

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(c) in respect of whom, or in respect of whose spouse or partner, there has

been conducted under Part 6 or 8 of the Residential Care and Disability
Support Services Act 2018 a means assessment that is not correct.
(2) MSD may issue a notice under clause 2 to that employer requiring that
employer to give to MSD, within a period (of 5 or more working days after the
notice is given), and in the manner, stated in the notice, the following informa-
tion (so that it can be used in an information-matching programme):
(a) the names and addresses of all, or of a specified class, of that employer’s
employees (including any former employees who were employed by that
employer within a specified period); and
(b) the tax file numbers (as defined in section YA 1 of the Income Tax Act
2007) of those employees or former employees.
(3) Subclause (2) applies whether or not MSD is able to identify any employees or
former employees of that employer as being individuals who—
(a) are or have been receiving a benefit, or payment under this Act; or
(b) are or have been issued with entitlement cards under regulations in force
under section 437; or
(c) have had their financial circumstances, or the financial circumstances of
their spouse or partner, assessed under either or both of Parts 6 and 8 of
the Residential Care and Disability Support Services Act 2018.
(4) In this clause and clause 7,—
(a) information-matching programme means the comparison of informa-
tion obtained under subclause (2) with other personal information held
by MSD for the purpose of producing or verifying information about an
identifiable individual; and
(b) expressions otherwise defined in section 97 of the Privacy Act 1993
have the meanings so defined, with all necessary modifications.
(5) This clause does not authorise MSD to issue a notice to an employer more than
once in a 12-month period.
Compare: 1964 No 136 s 11A(1)–(3), (8), (10)

7 Matching of information obtained from employer

(1) If MSD obtains information under a notice issued under clause 2, and that
information, when used in an information-matching programme, produces a
discrepancy, MSD must not take adverse action against an individual in rela-
tion to that discrepancy—
(a) unless MSD has given that individual written notice—
(i) specifying particulars of the discrepancy and of the adverse action
MSD proposes to take; and

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(ii) stating that the individual has 5 working days from the receipt of
the notice in which to show cause why the action should not be
taken; and
(b) until the expiration of those 5 working days.
(2) Subclause (1) does not prevent MSD from taking adverse action against an
individual if compliance with the requirements of that subclause would preju-
dice any investigation into the commission, or possible commission, of an
offence.
(3) Sections 100 to 102 and 104 to 106 of the Privacy Act 1993, and the informa-
tion matching rules specified in Schedule 4 of that Act, apply, with all neces-
sary modifications, to any information obtained by MSD under clause 6 and to
any information-matching programme using that information.
(4) Despite rule 4 of those rules as applied by subclause (3),—
(a) MSD must not be required to prepare more than 1 technical standards
report in respect of information received from any employer or employ-
ers under clause 6 if the standards in that report are to apply to informa-
tion so obtained from any employers generally; and
(b) MSD must not be required to make that report available to any employer
given notice under clause 6, and nor must any employer of that kind be
required to hold a copy of that report.
(5) If MSD fails to comply, in relation to an individual, with subclause (1) or with
any of the sections or rules applied by subclause (3), the failure must, for the
purposes of Part 8 of the Privacy Act 1993, be taken to constitute a failure to
comply with Part 10 of that Act.
(6) This clause does not limit section 103(1A) of the Privacy Act 1993.
Compare: 1964 No 136 s 11A(4)–(7), (9)

Code of conduct for information or documents requirements

8 General
(1) MSD must, in consultation with the Privacy Commissioner appointed under the
Privacy Act 1993, ensure there is in force at all times after the commencement
of this clause a code of conduct that is issued by MSD, and that applies in
respect of requirements under clause 2 for a person to give MSD information
or documents.
(2) MSD must in making a requirement under clause 2 comply with every issued
code of conduct.
(3) The code of conduct—
(a) must include the matters specified in clause 9; and
(b) may include restrictions on obtaining, using a requirement under clause
2, the following:

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(i) specified classes of information or documents; and

(ii) information or documents from specified classes of persons or
from persons in specified relationships; and
(c) must specify procedures that apply to the obtaining of information or
documents under clause 2.
(4) MSD may from time to time, in consultation with the Privacy Commissioner,
amend, revoke, or revoke and replace an issued code of conduct.
Compare: 1964 No 136 s 11B(1)–(3)

9 Matters to be included
(1) The code of conduct issued under clause 8 must contain the following matters:
(a) provisions that, before a requirement under clause 2 is issued to a person
other than the beneficiary, and except if compliance with the provisions
would prejudice the maintenance of the law, do the following:
(i) require any information or document to first be sought from a
beneficiary; and
(ii) allow the beneficiary a reasonable time to provide it:
(b) a provision prohibiting a requirement under clause 2 being made in
respect of a beneficiary to a person (other than the beneficiary, an
employer or former employer of the beneficiary, a financial institution,
or a lawyer) unless there is reasonable cause to make a requirement
under that clause:
(c) a provision prohibiting a requirement under clause 2 being made to an
employer in respect of any information or document that relates solely to
the marital or relationship status of an employee or former employee of
that employer:
(d) provisions otherwise restricting requirements under clause 2 made to
employers to specified information relating to the employment, and
address, of the employers’ employees or former employees.
(2) In subclause (1)(b), reasonable cause includes—
(a) cause to suspect that the beneficiary has committed an offence under this
Act, under regulations made under this Act, or under the Residential
Care and Disability Support Services Act 2018, or has obtained by fraud
any payment or credit or advance under this Act:
(b) the fact that the beneficiary or a spouse or partner of that beneficiary has
failed within a reasonable time, or refused, to provide any information or
produce any document in accordance with a request or requirement
made to that person in accordance with subclause (1)(a).
Compare: 1964 No 136 s 11C

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10 Relationship with Privacy Act 1993 code of practice

(1) Nothing in the code of conduct can affect any code of practice issued by the
Privacy Commissioner under Part 6 of the Privacy Act 1993 that applies to the
information required under clause 2, and MSD, in consultation with the Pri-
vacy Commissioner, must amend the code of conduct to conform with any
code of practice of that kind.
(2) Subclause (1) is subject to regulations made under subclause (3).
(3) The Governor-General may, on the advice of the Minister given after consult-
ation with the Privacy Commissioner, by Order in Council, make regulations
under section 418(1)(p) authorising MSD to obtain all or any of the following
using a requirement under clause 2, even though the making of that require-
ment would otherwise be in breach of any code of practice issued by the Pri-
vacy Commissioner under Part 6 of the Privacy Act 1993:
(a) any specified class of information or document:
(b) information or documents from any specified class of persons:
(c) information or documents in any specified manner.
Compare: 1964 No 136 s 11B(4), (5)

11 Availability, and application of Legislation Act 2012

(1) As soon as practicable after issuing a code or an amendment to it, MSD must
ensure it is published in a form accessible to the public.
(2) A code of conduct (or any amendment or revocation or replacement of it)
issued under clause 8—
(a) is neither a legislative instrument nor a disallowable instrument for the
purposes of the Legislation Act 2012; and
(b) is not required to be presented to the House of Representatives under
section 41 of that Act.
Compare: 1964 No 136 s 11B(8)

12 Complaints of breach
(1) This clause applies to a person who—
(a) is required by a requirement under clause 2 to give any information or
document; or
(b) is the subject of the information or document required by the require-
ment under clause 2.
(2) The person may make a complaint to the Privacy Commissioner that the
requirement breaches the code of conduct issued under clause 8.
(3) Part 8 of the Privacy Act 1993 applies to the complaint as if the code of con-
duct were a code of practice issued under Part 6 of the Privacy Act 1993.
Compare: 1964 No 136 s 11B(6), (7)

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Schedule 6 Social Security Act 2018 2018 No 32

Information disclosure
13 Beneficiary contact details for fines enforcement
(1) The purpose of this clause is to enable the Ministry of Justice to locate a bene-
ficiary who is in default in the payment of a fine (and this clause for that pur-
pose authorises the disclosure of information by MSD, and to the Ministry of
Justice).
(2) The chief executive of the Ministry of Justice may for the purpose of this
clause request MSD to supply, from information kept by MSD, a beneficiary’s
last known address and telephone number.
(3) The request must be made in accordance with arrangements made by the chief
executive of the Ministry of Justice with MSD.
(4) For each item of information to be supplied, MSD must include the date when
the information was most recently updated.
(5) After receiving the request, MSD may supply the information requested—
(a) to a Ministry of Justice officer or employee whom the chief executive of
the Ministry of Justice has authorised to receive that information; and
(b) in a form determined by the chief executive of the Ministry of Justice
and MSD.
(6) In this clause, unless the context otherwise requires,—
beneficiary means a person who is all or any of the following:
(a) a person who has been granted a benefit:
(b) a person in respect of whom a benefit, or part of a benefit, has been
granted:
(c) a person who was formerly receiving a benefit:
(d) a person from whom any liable parent contributions to which section
256(1) of the Child Support Act 1991 applies may be recovered:
(e) a person from whom any maintenance payment to which section 259(1)
of the Child Support Act 1991 applies may be recovered
benefit means all or any of the following:
(a) a benefit as defined in Schedule 2:
(b) a lump sum (funeral grant) payable under section 90:
(c) any special assistance granted under a programme approved under sec-
tion 101
fine means—
(a) a fine as defined in section 79 of the Summary Proceedings Act 1957:
(b) a fine to which section 19 of the Crimes Act 1961 applies:

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(c) a fine to which section 43 or 45 of the Misuse of Drugs Amendment Act

1978 applies:
(d) any amount payable under section 138A(1) of the Sentencing Act 2002.
Compare: 1964 No 136 s 126A

14 Address details for birth registration purposes

(1) The purpose of this clause is to assist in locating and contacting the mothers of
children whose births are unregistered, so that the births may be registered
(and this clause for that purpose authorises the disclosure of information by
MSD, and to the Registrar-General appointed under section 79(1) of the Births,
Deaths, Marriages, and Relationships Registration Act 1995).
(2) The Registrar-General may for the purpose of this clause request MSD to sup-
ply, from information held for the purposes of this Act by MSD, the postal
address and residential address (if different from the postal address) of a person
who the Registrar-General believes on reasonable grounds may be the mother
of a child whose birth is unregistered.
(3) But the Registrar-General cannot make the request unless—
(a) there is an agreement under section 99 of the Privacy Act 1993 between
MSD and the Registrar-General; and
(b) the request is in accordance with the agreement.
Compare: 1964 No 136 s 126AB

15 Warrant to arrest information for determining effect on benefit

(1) The purpose of this clause is to enable MSD to implement effectively section
209 (and this clause for that purpose authorises and requires the disclosure of
information by the chief executive of the Ministry of Justice and the Ministry
of Justice, and to MSD).
(2) The chief executive of the Ministry of Justice must from time to time for the
purpose of this clause give MSD information about relevant individuals.
(3) An individual is relevant only if a New Zealand court has (or 1 or more of its
Judges or Registrars have), at least 28 days before the information is given,
issued, in criminal proceedings against the individual for an offence, a warrant
for the individual’s arrest, and the warrant has not been executed or withdrawn.
(4) The information must be given—
(a) unless an enactment or a court’s order or direction prevents the giving of
the information; and
(b) in accordance with arrangements made by the chief executive of the
Ministry of Justice with MSD; and
(c) in a form determined by agreement between the chief executive of the
Ministry of Justice and MSD.
(5) The information given must include (without limitation)—

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(a) the individual’s name (including any alias), date of birth, and last known
address; and
(b) the nature of the offence charged.
(6) Information given by the chief executive of the Ministry of Justice to MSD
may be given by MSD to an employee who is—
(a) an MSD employee; and
(b) authorised by the chief executive to receive it.
Compare: 1964 No 136 s 126AC

16 Disclosure for services to young people not in education or training

(1) MSD may enter into an agreement under Part 9A of the Privacy Act 1993 with
the chief executive of the Ministry of Education relating to the sharing, for the
purposes of facilitating the provision of services of a kind described in section
365(1)(a), of information about young people who have ceased to be enrolled
at 1 or both of the following:
(a) a registered school (as defined in section 2 of the Education Act 1989);
or
(b) a tertiary education organisation (being an organisation as defined in sec-
tion 159B(1) of that Act).
(2) While the agreement is in force, the chief executive of the Ministry of Educa-
tion—
(a) may provide to MSD any information to which subclause (1) applies and
that the chief executive of the Ministry of Education considers may
facilitate the provision by MSD of services of a kind described in section
365(1)(a); and
(b) may use national student numbers for the purpose of gathering the infor-
mation.
(3) Subclause (2) overrides section 344(2) of the Education Act 1989.
Compare: 1964 No 136 s 123F

17 Purpose of clause 18
The purpose of clause 18 is to authorise local agencies (for example, schools,
primary health organisations, and the New Zealand Police) to disclose relevant
personal information about a young person to MSD or a contracted service pro-
vider if the agency concerned considers it relevant to the performance or exer-
cise of duties, functions, or powers under this Act in respect of the young per-
son.
Compare: 1964 No 136 s 125D(1)

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18 Disclosure of information relevant to young people functions

(1) An agency specified by the Governor-General by Order in Council for the pur-
poses of this subclause may, for the purposes of this clause, disclose any infor-
mation about a young person to MSD, if satisfied on reasonable grounds that—
(a) subclause (3) applies to the young person; and
(b) the information will assist MSD in—
(i) performing any function, or exercising any power, related to
financial support for young people; or
(ii) achieving any of the purposes of this Act.
(2) An agency specified by the Governor-General by Order in Council for the pur-
poses of this subclause may, for the purposes of this clause, disclose any infor-
mation about a young person to a contracted service provider, if satisfied on
reasonable grounds that—
(a) the provider is the young person’s contracted service provider; and
(b) subclause (3) applies to the young person; and
(c) the information will assist the provider in providing services under a
contract under section 373.
(3) This subclause applies to a young person if the young person—
(a) has applied for or is receiving a youth support payment; or
(b) is subject to obligations under section 166 or 167; or
(c) has left or finished education, and is not or may not be in employment or
training; or
(d) has left or finished training, and is not or may not be in employment.
Compare: 1964 No 136 s 125D(2)–(4)

19 Purpose of clause 20
The purpose of clause 20 is—
(a) to authorise MSD and any contracted service provider to disclose to each
other relevant personal information about persons to whom the provid-
er’s contract under section 373 applies; and
(b) to assist MSD to exercise and perform powers and functions under the
provisions specified in section 373(1)(a) or, as the case requires,
373(1)(b) and the provider to provide services under the contract; and
(c) to enable the prescription of—
(i) the circumstances in which the personal information may be dis-
closed; and
(ii) conditions governing the disclosure of the personal information;
and

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(iii) conditions governing the way in which the personal information is

to be dealt with by the person to whom it is disclosed.
Compare: 1964 No 136 s 125C(1)

20 Disclosure of information about people to whom service provider’s

contract applies
(1) This clause applies to any personal information about a person or persons to
whom a contract under section 373 applies that is held by the contracted ser-
vice provider concerned or MSD.
(2) For the purposes of this clause, regulations made under section 418(1)(q) may
state—
(a) the circumstances in which a contracted service provider and its
employees may release or disclose to MSD and MSD employees infor-
mation to which this clause applies held by the contracted service pro-
vider and the conditions with which MSD and MSD employees must
comply in dealing with the information; or
(b) the circumstances in which MSD and MSD employees may release or
disclose to a contracted service provider and its employees information
to which this clause applies held by MSD and the conditions with which
the contracted service provider and its employees must comply in deal-
ing with the information.
(3) If satisfied on reasonable grounds that its disclosure is in accordance with regu-
lations of the kind referred to in subclause (2), MSD, an MSD employee, a
contracted service provider, or an employee of a contracted service provider
may release or disclose information to which this clause applies.
(4) Nothing in this clause requires MSD, MSD employees, a contracted service
provider, or employees of a contracted service provider to release or disclose
any information.
(5) In this clause,—
employee, in relation to a contracted service provider, includes a volunteer
held includes deemed for the purposes of the Official Information Act 1982 to
be held.
Compare: 1964 No 136 s 125C(2), (3), (5)–(7)

21 Complaints of breach of requirements for disclosure

(1) A person may complain to the Privacy Commissioner if personal information
relating to the person has been disclosed under an information-sharing agree-
ment under clause 16(1), on the ground that the disclosure was in breach of the
agreement.
(2) A person may complain to the Privacy Commissioner if personal information
relating to the person has been disclosed under clause 18 or 20, on the ground
that the disclosure was in breach of—

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(a) the requirements of clause 18; or

(b) regulations of the kind referred to in clause 20.
(3) Part 8 of the Privacy Act 1993—
(a) applies to a complaint under subclause (1) as if the information-sharing
agreement concerned were a code of practice issued under Part 6 of that
Act; and
(b) applies to a complaint under subclause (2) as if clause 18 and the regula-
tions concerned together constituted a code of practice issued under Part
6 of that Act.
Compare: 1964 No 136 s 125I

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Schedule 7 Social Security Act 2018 2018 No 32

Schedule 7
Benefits review committees
s 393, Schedule 1

Contents
Page
1 Establishment 346
2 Membership 346
3 Member to represent community’s interests 346
4 Secretarial and administrative services 347
5 Quorum, and committee’s decision, at meetings 347
6 MSD employee cannot act as committee member if that employee 347
was involved in decision being reviewed

1 Establishment
The Minister must establish at least 1 benefits review committee for every
MSD office where decisions or recommendations in relation to the matters to
which this Act applies are made or were made.
Compare: 1964 No 136 s 10A(2)

2 Membership
Every benefits review committee must consist of—
(a) a person who is—
(i) appointed by the Minister; and
(ii) to represent on the committee the community’s interests; and
(b) 2 MSD employees appointed by the chief executive, and—
(i) from time to time; or
(ii) in respect of the particular review.
Compare: 1964 No 136 s 10A(3)

3 Member to represent community’s interests

(1) This clause applies to the member appointed under clause 2(a).
(2) The member holds office on any terms and conditions that—
(a) are not inconsistent with this Act; and
(b) the Minister thinks fit.
(3) The member—
(a) may be paid remuneration at a rate and of a kind determined in accord-
ance with the fees framework; and

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(b) is entitled to be reimbursed for actual and reasonable travelling and other
expenses in accordance with the framework.
(4) The member is not, just because of membership of the committee, to be treated
as employed in the service of the Crown for the purposes of—
(a) the State Sector Act 1988; or
(b) the Government Superannuation Fund Act 1956.
Compare: 1964 No 136 s 10A(4)

4 Secretarial and administrative services

All secretarial and administrative services required for the committee’s pur-
poses must be supplied by MSD.
Compare: 1964 No 136 s 10A(5)

5 Quorum, and committee’s decision, at meetings

At any meeting of the committee,—
(a) the quorum is the committee’s total membership; and
(b) the decision of any 2 members of the committee is the committee’s deci-
sion.
Compare: 1964 No 136 s 10A(6)

6 MSD employee cannot act as committee member if that employee was

involved in decision being reviewed
An MSD employee cannot act as a member of the committee if that employee
was involved in the decision being reviewed.
Compare: 1964 No 136 s 10A(7)

347
Schedule 8 Social Security Act 2018 2018 No 32

Schedule 8
Appeal authority
ss 401, 403, Schedules 1, 2

Contents
Page
1 Social Security Appeal Authority 348
2 Term of office of members 348
3 Extraordinary vacancies 348
4 Special appeal authorities 349
5 Deputies of members 349
6 Remuneration and travelling and other expenses 350
7 Secretary to, and secretarial and administrative services for, 350
authority
8 Seal 350
9 Sittings: location, quorum, and authority’s decision 350
10 Sittings: in private or public 351
11 Publication of proceedings 351
12 Authority has powers under Commissions of Inquiry Act 1908 351

1 Social Security Appeal Authority

(1) This clause establishes the Social Security Appeal Authority.
(2) The authority consists of 3 persons appointed by the Governor-General on the
recommendation of the Minister given after consultation with the Minister of
Justice.
(3) One of the members must be appointed as the authority’s chairperson.
Compare: 1964 No 136 s 12A

2 Term of office of members

(1) Every member (except so far as this Act provides otherwise)—
(a) holds office for a term not exceeding 3 years; and
(b) may be reappointed.
(2) Every member continues in office (despite any contrary provisions of this Act)
until that member’s successor comes into office, unless that member vacates
office earlier under clause 3.
Compare: 1964 No 136 s 12B

3 Extraordinary vacancies
(1) A member may at any time be removed from office by the Governor-General
for all or any of the following, proved to the Governor-General’s satisfaction:
(a) inability to perform the functions of the office:

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(b) bankruptcy:
(c) neglect of duty:
(d) misconduct.
(2) A member may at any time resign office by written notice to the Minister.
(3) If a member’s office becomes vacant by death, resignation, or removal from
office, the vacancy so created must be filled in the way in which the appoint-
ment to the vacant office was originally made.
(4) Every person appointed to fill an extraordinary vacancy holds office for the rest
of the term for which that person’s predecessor would have held office if the
vacancy had not occurred.
(5) The authority’s powers are not affected by a vacancy in its membership.
Compare: 1964 No 136 s 12C

4 Special appeal authorities

(1) The Governor-General may from time to time (by appointing their members
under this clause) establish 1 or more special authorities.
(2) Each special authority consists of 3 persons appointed by the Governor-
General on the recommendation of the Minister given after consultation with
the Minister of Justice.
(3) Every member (except so far as this Act provides otherwise)—
(a) holds office for a term not exceeding 3 years; and
(b) may be reappointed.
(4) One member must be appointed as the authority’s chairperson.
(5) Every member continues in office (despite any contrary provisions of this Act)
until that member’s successor comes into office, unless that member vacates
office earlier under clause 3 (which applies with all necessary modifications).
Compare: 1964 No 136 s 12D

5 Deputies of members
(1) The Governor-General may, on the recommendation of the Minister given after
consultation with the Minister of Justice, appoint some other person qualified
for appointment to act in the place of a member (the chairperson or another
member) who is (because of illness, absence, or any other cause) unable to per-
form the functions of the office.
(2) Each person so appointed as deputy is, while the inability continues, taken for
all purposes to be the chairperson or other member.
(3) No appointment of a deputy, and no acts done by a deputy acting as chair-
person or by the authority, while the deputy is acting as such, can in any pro-
ceedings be questioned on the ground that the occasion for the appointment had
not arisen or had ceased.

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Schedule 8 Social Security Act 2018 2018 No 32

(4) The Governor-General may, on the recommendation of the Minister given after
consultation with the Minister of Justice, appoint some other person qualified
for appointment to be deputy chairperson, to act as chairperson from time to
time as required.
(5) Subclause (4) overrides subclauses (1) to (3).
Compare: 1964 No 136 s 12E

6 Remuneration and travelling and other expenses

(1) The authority is, for the purposes of the fees framework, a statutory body in
which the Crown has an interest.
(2) Members—
(a) may be paid remuneration at a rate and of a kind determined in accord-
ance with the fees framework; and
(b) are entitled to be reimbursed for actual and reasonable travelling and
other expenses in accordance with the framework.
Compare: 1964 No 136 s 12F

7 Secretary to, and secretarial and administrative services for, authority

The chief executive of the Ministry of Justice must—
(a) designate an officer of the Ministry of Justice to be secretary to the
authority; and
(b) provide the secretarial and administrative services necessary to enable
the authority to discharge its functions.
Compare: 1964 No 136 s 12G

8 Seal
(1) The authority must have a seal.
(2) The authority’s seal must be judicially noticed—
(a) by all courts or persons acting judicially; and
(b) for all purposes.
Compare: 1964 No 136 s 12H

9 Sittings: location, quorum, and authority’s decision

(1) Each sitting of the authority is to be held in the place it considers convenient
having regard to the nature of the matters to be decided.
(2) The presence of the chairperson and 1 other member is necessary to constitute
a sitting of the authority.
(3) The decision of a majority of the members present at a sitting of the authority
is the decision of the authority.

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2018 No 32 Social Security Act 2018 Schedule 8

(4) If those members are equally divided in opinion, the chairperson’s decision is
the decision of the authority.
Compare: 1964 No 136 s 12N(1)–(3)

10 Sittings: in private or public

(1) Every sitting of the authority is to be held in private.
(2) Subclause (1) does not apply to the extent that the authority under this clause
orders that all or a part of the sitting is to be held in public.
(3) The authority may in any case order that all or a part of a sitting is to be held in
public, if the authority considers that doing so will not adversely affect—
(a) the interests of the parties to the appeal; and
(b) the interests of all other persons concerned.
Compare: 1964 No 136 s 12N(3)

11 Publication of proceedings
(1) No person may publish without the authority’s authorisation all or a part of any
proceedings before the authority.
(2) The authority’s authorisation is not given unless it makes (under this subclause,
on an application for the purpose, or on in its own initiative) an order for that
purpose.
(3) Every person who contravenes subclause (1) commits an offence.
(4) Every person who commits an offence against subclause (3) is liable on con-
viction to a fine not exceeding $100.
Compare: 1964 No 136 s 12N(4), (5)

12 Authority has powers under Commissions of Inquiry Act 1908

(1) The Authority is, within the scope of its jurisdiction, deemed to be a commis-
sion of inquiry under the Commissions of Inquiry Act 1908.
(2) The provisions of that Act, except sections 2, 10, 11, and 12, apply accordingly,
subject to the provisions of this Act.
Compare: 1964 No 136 s 12M(6)

351
Schedule 9 Social Security Act 2018 2018 No 32

Schedule 9
Medical board
s 413, Schedules 1, 2

Contents
Page
1 Establishment and membership 352
2 Members’ terms and conditions of office 353
3 Secretarial and administrative services 353
4 Quorum, and board’s decision, at meetings 353

1 Establishment and membership

(1) A medical board consists of 3 members appointed—
(a) by the chief executive; and
(b) for the particular purpose.
(2) A person is ineligible for appointment as a member unless the person is—
(a) a medical practitioner; or
(b) a rehabilitation professional (see subclause (3)); or
(c) a person who has appropriate expertise in the fields of vocational train-
ing or vocational support for persons with health conditions, injury, or
disability.
(3) In subclause (2)(b), rehabilitation professional means a person who is—
(a) a person professionally engaged in the rehabilitation of persons from
sickness or accident or with disabilities; or
(b) a nurse; or
(c) an occupational therapist; or
(d) a physiotherapist; or
(e) a psychologist.
(4) In subclause (3)(b), nurse means a health practitioner who is, or is deemed to
be, registered with the Nursing Council of New Zealand continued by section
114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a
practitioner of the profession of nursing whose scope of practice permits the
performance of general nursing functions.
(5) In subclause (3)(c), occupational therapist means a health practitioner who is,
or is deemed to be, registered with the Occupational Therapy Board continued
by section 114(1)(a) of the Health Practitioners Competence Assurance Act
2003 as a practitioner of the profession of occupational therapy.

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2018 No 32 Social Security Act 2018 Schedule 9

(6) In subclause (3)(d), physiotherapist means a health practitioner who is, or is

deemed to be, registered with the Physiotherapy Board continued by section
114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a
practitioner of the profession of physiotherapy.
(7) In subclause (3)(e), psychologist means a health practitioner who is, or is
deemed to be, registered with the Psychologists Board continued by section
114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a
practitioner of the profession of psychology.
Compare: 1964 No 136 s 10B(4), (5)

2 Members’ terms and conditions of office

(1) Each member holds office on terms and conditions that—
(a) are not inconsistent with this Act; and
(b) the chief executive thinks fit.
(2) Each member—
(a) may be paid remuneration at a rate and of a kind determined by the chief
executive; and
(b) is entitled to be reimbursed for actual and reasonable travelling and other
expenses determined by the chief executive.
(3) No member is, just because of membership of a board, to be treated as
employed in the service of the Crown for the purposes of—
(a) the State Sector Act 1988; or
(b) the Government Superannuation Fund Act 1956.
Compare: 1964 No 136 s 10A(4)

3 Secretarial and administrative services

MSD must meet the costs of all secretarial and administrative services required
for a board’s purposes.
Compare: 1964 No 136 s 10A(5)

4 Quorum, and board’s decision, at meetings

At any meeting of a board,—
(a) the quorum is that board’s total membership; and
(b) the decision of any 2 members of that board is that board’s decision.
Compare: 1964 No 136 s 10A(6)

353
Schedule 10 Social Security Act 2018 2018 No 32

Schedule 10
Consequential amendments
ss 9, 457, 459

Part 1
Amendments to Acts
Accident Compensation Act 2001 (2001 No 49)
In section 123(2)(f), replace “sections 71 and 86A of the Social Security Act 1964”
with “regulations made under section 444 of the Social Security Act 2018”.
In section 252(1)(a), replace “an income-tested benefit under the Social Security Act
1964” with “a specified benefit as defined in section 198(3) of the Social Security Act
2018”.
In section 252(4), replace “Social Security Act 1964” with “Social Security Act
2018”.
In section 253(1)(b), replace “an income-tested benefit under the Social Security Act
1964” with “a specified benefit as defined in section 198(3) of the Social Security Act
2018”.
In section 253(3), replace “Social Security Act 1964” with “Social Security Act
2018”.
In section 280(2), replace “Social Security Act 1964” with “Social Security Act
2018”.
Replace section 281(1) with:
(1) In this section, unless the context otherwise requires, benefit means any of the
following:
(a) a benefit as defined in Schedule 2 of the Social Security Act 2018:
(b) a funeral grant lump sum payable under section 90 of that Act:
(c) any special assistance payable under a programme approved under sec-
tion 100 or 101 of that Act:
(d) an allowance established by regulations made under section 303 of the
Education Act 1989.
In section 281(2), (3), (4), and (5), replace “Social Security Act 1964” with “Social
Security Act 2018”.
In Schedule 1, clause 42(3)(a)(ii) and (b)(ii), replace “Social Security Act 1964” with
“Social Security Act 2018”.

Administration Act 1969 (1969 No 52)

In section 65(2) and (3), replace “Social Security Act 1964” with “Social Security Act
2018” in each place.

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2018 No 32 Social Security Act 2018 Schedule 10

Adoption Act 1955 (1955 No 93)

After section 30, insert:

31 References to Child Welfare Officer to be read as references to social

workers, etc
(1) Every reference in this Act and its amendments, as in force on or after
1 April 1972, to a Child Welfare Officer must be read as a reference to a social
worker.
(2) Subsection (1) applies—
(a) subject to the amendments made by section 23(1) to (3) of the Depart-
ment of Social Welfare Act 1971; and
(b) unless the context otherwise requires.
(3) This section does not affect the operation of section 23(4)(a) of the Department
of Social Welfare Act 1971 (which required references to the Superintendent of
Child Welfare to be read as references to the Director-General of Social Wel-
fare under that Act) at any time or times—
(a) on or after 1 April 1972; and
(b) before its repeal, on 1 April 1990, by section 36(6) of the Social Welfare
(Transitional Provisions) Act 1990.
Compare: 1971 No 60 s 23(4)(b)

Bail Act 2000 (2000 No 38)

In the heading to section 30R, replace “Social Security Act 1964” with “Social
Security Act 2018”.
In section 30R, replace “Social Security Act 1964” with “Social Security Act 2018”.

Births, Deaths, Marriages, and Relationships Registration Act 1995 (1995 No 16)
In section 78B(1) and (2)(a), replace “Social Security Act 1964” with “Social Secur-
ity Act 2018”.

Care and Support Workers (Pay Equity) Settlement Act 2017 (2017 No 24)
In section 5, definition of care and support services, paragraph (a)(ii), after “sec-
tion 137 of the Social Security Act 1964”, insert “or section 28 of the Residential
Care and Disability Support Services Act 2018”.

Child Support Act 1991 (1991 No 142)

In section 2(1), definition of financially independent, paragraph (c), replace “Social
Security Act 1964” with “Social Security Act 2018” in each place.
In section 2(1), definition of financially independent, paragraph (d), replace “a bene-
fit (as defined in section 3 of the Social Security Act 1964) payable under that Act”
with “a main benefit under this Act (as that expression is defined in Schedule 2 of the
Social Security Act 2018) and that is payable under the Social Security Act 2018”.

355
Schedule 10 Social Security Act 2018 2018 No 32

Child Support Act 1991 (1991 No 142)—continued

In section 2(1), replace the definition of social security benefit with:
social security benefit means—
(a) sole parent support under section 29 of the Social Security Act 2018:
(b) an unsupported child’s benefit under section 46 of that Act:
(c) any of the following benefits under that Act, but only if granted to a sole
parent (within the meaning of that Act):
(i) a supported living payment under section 34 on the ground of
restricted work capacity or total blindness:
(ii) jobseeker support (other than jobseeker support under section
25(3) or (4) of that Act):
(iii) young parent payment:
(d) an emergency benefit under section 63 of that Act, but only if granted to
a sole parent (within the meaning of that Act)
Repeal section 2(1A).
In section 9(5B), replace “Social Security Act 1964” with “Social Security Act 2018”.
In section 9(6) and (6B), replace “section 70A(1)(a) and (b) of the Social Security Act
1964” with “section 192(1)(a) and (b) of the Social Security Act 2018”.
In section 9(7), replace “section 70A of the Social Security Act 1964” with “sec-
tion 192 of the Social Security Act 2018”.
In section 9(7), replace “section 70A(1)(a) and (b)” with “section 192(1)(a) and (b)”.
In section 9(8), definition of sole parent, replace “section 3 of the Social Security Act
1964” with “Schedule 2 of the Social Security Act 2018”.
Replace section 35A(2) with:
(2) The amount of living allowance is as follows:
(a) for a person not identified in paragraph (b), the rate set out in clause 1 of
Part 2 of Schedule 4 of the Social Security Act 2018 (ignoring the refer-
ence to Income Test 1):
(b) for a person granted a supported living payment under subpart 4 of Part
2 of the Social Security Act 2018, the rate set out in clause 1(c) of Part 3
of Schedule 4 of that Act (ignoring the reference to Income Test 1).
In section 35A(3), replace “Social Security Act 1964” with “Social Security Act
2018”.
In section 89B, definition of social security benefit, replace “within the meaning of
the Social Security Act 1964” with “as defined in Schedule 2 of the Social Security
Act 2018”.

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2018 No 32 Social Security Act 2018 Schedule 10

Child Support Act 1991 (1991 No 142)—continued

In section 89C(1)(a)(ii), replace “the rate specified in Schedule 22 of the Social
Security Act 1964” with “the rate specified in Part 12 of Schedule 4 of the Social
Security Act 2018 as payable to long-term hospital patients”.
In section 89F(1)(a)(i), replace “the rate specified in Schedule 22 of the Social Secur-
ity Act 1964” with “the rate specified in Part 12 of Schedule 4 of the Social Security
Act 2018 as payable to long-term hospital patients”.
In section 89F(3), definition of higher rate benefit, replace “the rate specified in
Schedule 22 of the Social Security Act 1964” with “the rate specified in Part 12 of
Schedule 4 of the Social Security Act 2018 as payable to long-term hospital patients”.
In section 122(2), replace “section 70A(1)(a) and (b) of the Social Security Act 1964”
with “section 192(1)(a) and (b) of the Social Security Act 2018”.
In section 131, replace “the Social Security Act 1964 or under the Social Welfare
(Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990” with
“the Social Security Act 2018,”.
In section 240(2)(d), replace “Social Welfare (Reciprocity Agreements, and New Zea-
land Artificial Limb Service) Act 1990” with “Social Security Act 2018”.
In section 263(2)(b)(iii), replace “Social Security Act 1964 or Part 6 of the Veterans’
Support Act 2014 or the Social Welfare (Reciprocity Agreements, and New Zealand
Artificial Limb Service) Act 1990” with “Social Security Act 2018 or Part 6 of the
Veterans’ Support Act 2014”.

Civil Defence Emergency Management Act 2002 (2002 No 33)

In section 108(8), replace “Social Security Act 1964” with “Social Security Act
2018”.

Commissions of Inquiry Act 1908 (1908 No 25)

In section 2A(a), before “an enactment enacted before the commencement of the
Inquiries Act 2013”, insert “an enactment that is, or that (with or without modifica-
tion) corresponds to or replaces,”.

Compensation for Live Organ Donors Act 2016 (2016 No 96)

In section 8(3), replace “Social Security Act 1964” with “Social Security Act 2018”.
In the heading to subpart 2 of Part 2, replace “Social Security Act 1964” with “Social
Security Act 2018”.
In the heading to section 14, replace “Social Security Act 1964” with “Social Secur-
ity Act 2018”.
In section 14(1)(b), replace “work test obligations or obligations under section 60Q,
170, or 171 of the Social Security Act 1964” with “work-preparation obligations,
work-test obligations, or obligations under section 162, 164, 166, or 167 of the Social
Security Act 2018”.

357
Schedule 10 Social Security Act 2018 2018 No 32

Compensation for Live Organ Donors Act 2016 (2016 No 96)—continued

In section 14(2), replace “section 105(2)” with “section 158”.
In section 14(2), replace “the chief executive” with “MSD”.
In section 14(3), replace “The chief executive” with “MSD”.
In section 14(3), replace “the chief executive” with “MSD”.
In section 14(4), replace “Section 105(3) to (7) of the Social Security Act 1964
applies” with “Sections 158(2), (3), and (4) and 160 of the Social Security Act 2018
apply”.
Replace section 14(5) with:
(5) In this section, beneficiary, MSD, work-preparation obligations, and work-
test obligations have the meanings given by Schedule 2 of the Social Security
Act 2018.
In section 15, replace “section 10B(1) of the Social Security Act 1964” with “sec-
tion 411 of the Social Security Act 2018”.
In Schedule 1, clause 4, replace “Social Security Act 1964” with “Social Security Act
2018”.

Contract and Commercial Law Act 2017 (2017 No 5)

In Schedule 5, Part 4, replace paragraph (p) with:
(p) the social security appeal authority, benefits review committees, and medical
board established by or under the Social Security Act 2018:

Corrections Act 2004 (2004 No 50)

Replace section 180(1)(a) and (b) with:
(a) section 217(1) of the Social Security Act 2018 (under which a benefit is,
in general, not payable in respect of any period during which a benefi-
ciary is imprisoned or detained in, or is an escaper from, a prison, pur-
suant to a sentence of imprisonment):
(b) regulations made under section 444 of the Social Security Act 2018
(which provide for the recovery, including by way of deductions, of
debts due to the Crown):
In section 180(2)(a), replace “Social Security Act 1964” with “Social Security Act
2018”.
In section 180C(2), definition of benefit, replace “section 3(1) of the Social Security
Act 1964” with “Schedule 2 of the Social Security Act 2018”.

Crown Proceedings Act 1950 (1950 No 54)

In section 35(2)(e), replace “in accordance with Part 2 of the Social Security Act
1964” with “under the Social Security Act 2018”.

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2018 No 32 Social Security Act 2018 Schedule 10

Customs and Excise Act 1996 (1996 No 27)

Replace section 280(1) with:
(1) In this section, unless the context otherwise requires, benefit means any of the
following:
(a) a benefit as defined in Schedule 2 of the Social Security Act 2018:
(b) a funeral grant lump sum payable under section 90 of that Act:
(c) any special assistance payable under a programme approved under sec-
tion 100 or 101 of that Act:
(d) an allowance established by regulations made under section 303 of the
Education Act 1989.
In section 280(2) and (3), replace “Social Security Act 1964” with “Social Security
Act 2018”.
In section 280A, definition of department, replace “Social Security Act 1964” with
“Social Security Act 2018”.
In section 280A, definition of social security agreement, replace “an agreement or
convention, or alteration to an agreement or convention, in respect of which an Order
in Council has been made under section 19 of the Social Welfare (Reciprocity Agree-
ments, and New Zealand Artificial Limb Service) Act 1990” with “an agreement (for
example, a Convention), or an alteration to an agreement, in respect of which an
Order in Council has been made under section 380 (orders adopting reciprocity agree-
ments) of the Social Security Act 2018”.
In section 280B(1), replace “a mutual assistance provision of the kind referred to in
section 19A(2)(b) of the Social Welfare (Reciprocity Agreements, and New Zealand
Artificial Limb Service) Act 1990” with “a mutual assistance provision under the
Social Security Act 2018 for the Governments of New Zealand and the other country
to supply each other with information for social security purposes”.
In section 280B(4), replace “section 19C(1)(d) of the Social Welfare (Reciprocity
Agreements, and New Zealand Artificial Limb Service) Act 1990” with “regulations
made under section 450 of the Social Security Act 2018”.

Customs and Excise Act 2018 (2018 No 4)

In section 308(6), replace the definitions of benefit and department with:
benefit means any of the following:
(a) a benefit as defined in Schedule 2 of the Social Security Act 2018:
(b) a funeral grant lump sum payable under section 90 of that Act:
(c) any special assistance payable under a programme approved under sec-
tion 100 or 101 of that Act:
(d) an allowance established by regulations made under section 303 of the
Education Act 1989

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Schedule 10 Social Security Act 2018 2018 No 32

Customs and Excise Act 2018 (2018 No 4)—continued

department means the department for the time being responsible for the
administration of the Social Security Act 2018
In section 309(1), replace “a mutual assistance provision of the kind referred to in
section 19A(2)(b) of the Social Welfare (Reciprocity Agreements, and New Zealand
Artificial Limb Service) Act 1990” with “a mutual assistance provision under the
Social Security Act 2018 for the Governments of New Zealand and the other country
to supply each other with information for social security purposes”.
In section 309(4), replace “section 19C(1)(d) of the Social Welfare (Reciprocity
Agreements, and New Zealand Artificial Limb Service) Act 1990” with “regulations
made under section 450 of the Social Security Act 2018”.
In section 309(7), definition of department, replace “Social Security Act 1964” with
“Social Security Act 2018”.
In section 309(7), definition of social security agreement, replace “or convention, or
alteration to an agreement or convention, in respect of which an Order in Council has
been made under section 19 of the Social Welfare (Reciprocity Agreements, and New
Zealand Artificial Limb Service) Act 1990” with “(for example, a Convention), or an
alteration to an agreement, in respect of which an Order in Council has been made
under section 380 (orders adopting reciprocity agreements) of the Social Security Act
2018”.
In section 314(5), replace the definitions of benefit and department with:
benefit means any of the following:
(a) a benefit as defined in Schedule 2 of the Social Security Act 2018:
(b) a funeral grant lump sum payable under section 90 of that Act:
(c) any special assistance payable under a programme approved under sec-
tion 100 or 101 of that Act:
(d) an allowance established by regulations made under section 303 of the
Education Act 1989
department means the department for the time being responsible for the
administration of the Social Security Act 2018

Disabled Persons Community Welfare Act 1975 (1975 No 122)

In section 2, definition of Director-General, paragraph (b), replace “Social Security
Act 1964” with “Social Security Act 2018”.
In section 2, definition of partner, replace “Social Security Act 1964” with “Social
Security Act 2018”.
In section 2, definition of residential care services, replace “section 3(1) of the
Social Security Act 1964” with “Schedule 2 of the Social Security Act 2018”.
In section 2, definition of spouse, replace “Social Security Act 1964” with “Social
Security Act 2018”.

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2018 No 32 Social Security Act 2018 Schedule 10

Disabled Persons Community Welfare Act 1975 (1975 No 122)—continued

In section 3(1)(b), replace “Social Security Act 1964” with “Social Security Act
2018”.
In section 25A(1)(c), replace “section 136 of the Social Security Act 1964” with “sec-
tion 5 of the Residential Care and Disability Support Services Act 2018”.
In section 26(4), replace “Social Security Act 1964” with “Social Security Act 2018”.

District Court Act 2016 (2016 No 49)

In section 154, definition of employer, paragraph (c), replace “Social Security Act
1964” with “Social Security Act 2018”.
In section 154, definition of salary or wages, paragraph (f), replace “within the
meaning of the Social Security Act 1964” with “as defined in Schedule 2 of the
Social Security Act 2018”.
In section 157(4), replace “section 84 of the Social Security Act 1964” with “sections
293 and 417 (benefits to be inalienable) of the Social Security Act 2018”.
In section 157(5)(a), replace “Social Security Act 1964” with “Social Security Act
2018”.
Replace section 157(5)(b) with:
(b) a deduction under regulations made under section 444 of the Social
Security Act 2018:
In section 160(4), replace “a benefit within the meaning of the Social Security Act
1964” with “a benefit as defined in Schedule 2 of the Social Security Act 2018”.

Education Act 1989 (1989 No 80)

In section 226A(1), definition of benefit, replace “Social Security Act 1964” with
“Social Security Act 2018”.
In section 226A(1), definition of department, replace “Social Security Act 1964”
with “Social Security Act 2018”.
In section 226A(9), replace “Social Security Act 1964” with “Social Security Act
2018”.
In section 235F(1), definition of benefit, replace “Social Security Act 1964” with
“Social Security Act 2018”.
In section 235F(1), definition of department, replace “Social Security Act 1964”
with “Social Security Act 2018”.
In section 235F(9), replace “Social Security Act 1964” with “Social Security Act
2018”.
In section 236A(1)(d)(iv), replace “Social Security Act 1964” with “Social Security
Act 2018”.
In the heading to section 307A, replace “Social Security Act 1964” with “Social
Security Act 2018”.

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Schedule 10 Social Security Act 2018 2018 No 32

Education Act 1989 (1989 No 80)—continued

In section 307A(1), replace the definition of benefit with:
benefit means any of the following:
(a) a benefit as defined in Schedule 2 of the Social Security Act 2018:
(b) a funeral grant lump sum payable under section 90 of that Act:
(c) any special assistance payable under a programme approved under sec-
tion 100 or 101 of that Act
In section 307A(1), definition of department, replace “Social Security Act 1964”
with “Social Security Act 2018”.
In section 307B(2)(a)(ii), replace “Social Security Act 1964” with “Social Security
Act 2018”.
In section 307B(2)(aa)(ii), replace “Social Security Act 1964” with “Social Security
Act 2018”.
In section 307B(2)(ab), replace “section 85A of the Social Security Act 1964” with
“regulations made under section 444 of the Social Security Act 2018”.
In section 307B(2)(c), replace “section 86A of the Social Security Act 1964” with
“regulations made under section 444 of the Social Security Act 2018”.
In section 307B(3), replace “sections 86A and 86B to 86J of the Social Security Act
1964” with “regulations made under section 444 of the Social Security Act 2018”.

Electoral Act 1993 (1993 No 87)

In section 263B(3)(a) and (4)(a), replace “Social Security Act 1964” with “Social
Security Act 2018”.

Family Benefits (Home Ownership) Act 1964 (1964 No 32)

In section 2(1), definition of department, replace “Social Security Act 1964” with
“Social Security Act 2018”.
Repeal section 9(a).
In section 16(b), replace “Social Security Act 1964” with “Social Security Act 2018”.
In section 22, replace “Social Security Act 1964” with “Social Security Act 2018”.

Family Proceedings Act 1980 (1980 No 94)

In section 2, replace the definition of domestic benefit with:
domestic benefit means a benefit that is—
(a) sole parent support granted under the Social Security Act 2018; or
(b) jobseeker support granted under the Social Security Act 2018; or
(c) an emergency benefit granted under that Act, and that corresponds to a
benefit in paragraph (a) or (b)
In section 91(1), replace “Social Security Act 1964” with “Social Security Act 2018”.

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2018 No 32 Social Security Act 2018 Schedule 10

Family Proceedings Act 1980 (1980 No 94)—continued

Replace section 101B with:

101B Power to issue deduction notices under Social Security Act 2018
(1) This section applies to a payment—
(a) under a maintenance order; and
(b) that is in arrear and unpaid.
(2) The chief executive of the department for the time being responsible for the
administration of the Social Security Act 2018 may issue a deduction notice
under regulations made under section 444 of that Act to a person as if the pay-
ment in arrear and unpaid were a debt due to the Crown under that Act.
(3) However, the deduction notice cannot be issued to the employer of, acting in
the capacity of the employer of, the person against whom the order was made.
(4) This section does not limit section 101 or section 110 (as saved by section
259(1) of the Child Support Act 1991).

Goods and Services Tax Act 1985 (1985 No 141)

In section 5(6E)(b)(i), replace “Social Security Act 1964” with “Social Security Act
2018”.

Health Act 1956 (1956 No 65)

In section 22C(2)(d), replace “Social Security Act 1964, for the purposes of adminis-
tering section 75 of the Social Security Act 1964” with “Social Security Act 2018, for
the purposes of administering sections 206 and 207 (factors affecting benefit: hospi-
talisation) of that Act”.

Housing Restructuring and Tenancy Matters Act 1992 (1992 No 76)

In section 2(1), definition of additional resident, paragraph (b), replace “within the
meaning of section 3(1) of the Social Security Act 1964” with “as defined in Sched-
ule 2 of the Social Security Act 2018”.
In section 2(1), definition of income-related purpose, replace “section 3(1) of the
Social Security Act 1964” with “Schedule 2 of the Social Security Act 2018”.
In section 66, replace the definition of benefit with:
benefit means any of the following:
(a) a benefit as defined in Schedule 2 of the Social Security Act 2018:
(b) a funeral grant lump sum payable under section 90 of that Act:
(c) any special assistance payable under a programme approved under sec-
tion 100 or 101 of that Act:
(d) an allowance established by regulations made under section 303 of the
Education Act 1989

363
Schedule 10 Social Security Act 2018 2018 No 32

Housing Restructuring and Tenancy Matters Act 1992 (1992 No 76)—continued

In section 66, definition of department, replace “Social Security Act 1964” with
“Social Security Act 2018”.
In section 99, definition of Ministry, replace “Social Security Act 1964” with “Social
Security Act 2018”.
In section 107(3)(a), replace “the rate (before abatement) stated in paragraphs (a) to
(f) of clause 1 of Schedule 9 of the Social Security Act 1964” with “the rate (before
reduction on account of income) of jobseeker support stated in clause 1(a) to (f) of
Part 1 of Schedule 4 of the Social Security Act 2018”.
In section 114(2)(c), replace “a benefit within the meaning of section 3(1) of the
Social Security Act 1964” with “a benefit as defined in Schedule 2 of the Social
Security Act 2018”.
In section 126(a) and (b), replace “Social Security Act 1964” with “Social Security
Act 2018”.
In section 128(a), replace “section 85A of the Social Security Act 1964” with “regula-
tions made under section 444 of the Social Security Act 2018”.
Replace section 136(1)(a)(ii) with:
(ii) providing that such appeals are to be made to the social security
appeal authority established by or under section 401 and Sched-
ule 8 of the Social Security Act 2018 as if they were appeals
against decisions or determinations under that Act, and providing
that sections 395 to 410, regulations made under section 451, and
Schedule 8 of that Act apply, with or without modification, to the
hearing and disposal of appeals; or
In section 157(a), replace “Social Security Act 1964” with “Social Security Act
2018”.
In Schedule 2, clause 2(a), replace “dependent children (within the meaning of sec-
tion 3(1) of the Social Security Act 1964)” with “dependent children (as defined in
Schedule 2 of the Social Security Act 2018)”.
In Schedule 2, before clause 9(a)(i), insert:
(ia) a specified benefit (as defined in section 198(3) of the Social
Security Act 2018) other than an orphan’s benefit or an unsuppor-
ted child’s benefit; or
In Schedule 2, clause 10(a)(i), replace “Social Security Act 1964” with “Social Secur-
ity Act 2018”.
In Schedule 2, clause 10(a)(iii), replace “subparagraphs (ii) to (xv) of paragraph (f) of
the definition of income in section 3(1) of the Social Security Act 1964” with
“clauses 8(b) to (j) and 9 of Schedule 3, and regulations made under section 422, of
the Social Security Act 2018”.

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2018 No 32 Social Security Act 2018 Schedule 10

Housing Restructuring and Tenancy Matters Act 1992 (1992 No 76)—continued

In Schedule 2, clause 11(1)(a) and (b), replace “cash assets (within the meaning of
section 61E of the Social Security Act 1964)” with “cash assets (as defined in section
68 of the Social Security Act 2018)”.
In Schedule 3, clause 1, definition of accommodation supplement, replace “section
61EA of the Social Security Act 1964” with “section 65 of the Social Security Act
2018”.
In Schedule 3, clause 1, definition of special transfer allowance, after “the special
transfer allowance programme approved under section 124(1)(d) of the Social Secur-
ity Act 1964”, insert “(as that programme is saved by section 11 and clause 21 of
Schedule 1 of the Social Security Act 2018)”.
In Schedule 4, Part 1, clause 11(2), replace “may exercise its powers under section
85A of the Social Security Act 1964” with “may exercise or perform its duties, func-
tions, or powers under regulations made under section 444 of the Social Security Act
2018”.

Human Rights Act 1993 (1993 No 82)

In section 21(1)(k)(ii), replace “a benefit under the Social Security Act 1964” with “a
benefit as defined in Schedule 2 of the Social Security Act 2018”.

Immigration Act 2009 (2009 No 51)

In section 298(1), replace “Social Security Act 1964” with “Social Security Act
2018”.
In section 298(7), replace the definition of benefit with:
benefit means any of the following:
(a) a benefit as defined in Schedule 2 of the Social Security Act 2018:
(b) a funeral grant lump sum payable under section 90 of that Act:
(c) any special assistance payable under a programme approved under sec-
tion 100 or 101 of that Act
In section 299(1), replace “Social Security Act 1964” with “Social Security Act
2018”.
In section 299(6), replace the definition of benefit with:
benefit means any of the following:
(a) a benefit as defined in Schedule 2 of the Social Security Act 2018:
(b) a funeral grant lump sum payable under section 90 of that Act:
(c) any special assistance payable under a programme approved under sec-
tion 100 or 101 of that Act

Income Tax Act 2007 (2007 No 97)

Replace section CW 28(2) with:

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Schedule 10 Social Security Act 2018 2018 No 32

Income Tax Act 2007 (2007 No 97)—continued

(2) In this section, overseas pension means—
(a) an overseas pension, to the extent of amounts deducted under sec-
tion 189 of the Social Security Act 2018, by the department currently
responsible for administering that Act, from—
(i) a monetary benefit paid under that Act (other than section 380,
which relates to reciprocity agreements with other countries); or
(ii) a monetary benefit, other than New Zealand superannuation or a
veteran’s pension, paid under section 380 of that Act:
(b) an overseas pension to the extent to which it is subject to an arrangement
under section 190 of the Social Security Act 2018.
In section CW 33(1)(a), replace “Social Security Act 1964” with “Social Security Act
2018”.
Replace section CW 33(1)(c) with:
(c) a participation allowance under regulations made under section 429 of
the Social Security Act 2018:
In section HC 35(4)(b)(v), replace “Social Security Act 1964” with “Social Security
Act 2018”.
In section MA 8, definition of chief executive, replace “Social Security Act 1964”
with “Social Security Act 2018”.
In section MB 13(2)(l), replace “Social Security Act 1964” with “Social Security Act
2018”.
Replace section MB 13(2)(o) with:
(o) an amount that is declared not to be income for the purposes of the
Social Security Act 2018 by regulations made under section 422 of that
Act:
In section MD 6(2), replace “a child for whom a benefit is paid under section 28 or 29
of the Social Security Act 1964” with “a child for whom an orphan’s benefit or an
unsupported child’s benefit is paid under section 43 or 46 of the Social Security Act
2018”.
In section MF 7(4), replace “Social Security Act 1964” with “Social Security Act
2018”.
In section YA 1, definition of chief executive of the administering department,
paragraph (a), replace “Social Security Act 1964” with “Social Security Act 2018”.
In section YA 1, definition of dependent child, replace paragraph (b)(ii) with:
(ii) an orphan’s benefit or unsupported child’s benefit is being paid
under section 43 or 46 of the Social Security Act 2018:
In section YA 1, definition of financially independent, replace paragraphs (c) and (d)
with:

366
2018 No 32 Social Security Act 2018 Schedule 10

Income Tax Act 2007 (2007 No 97)—continued

(c) receiving payments under a Government-assisted scheme that the chief
executive of the administering department considers analogous to a
benefit payable under the Social Security Act 2018 (as the term benefit
is defined in Schedule 2 of that Act); or
(d) receiving a benefit as defined in Schedule 2 of the Social Security Act
2018
In section YA 1, replace the definition of income-tested benefit with:
income-tested benefit means any of the following benefits paid or payable
under the Social Security Act 2018:
(a) jobseeker support:
(b) sole parent support:
(c) supported living payment:
(d) youth payment:
(e) young parent payment:
(f) emergency benefit
In section YA 1, definition of New Zealand superannuation, paragraph (c)(ii),
replace “sections 61DB, 61DC, 61DD, 61DE, 61EA, 61G, and 69C of the Social
Security Act 1964” with “sections 65 (accommodation supplement), 85 (disability
allowance), 90 (funeral grants, see also regulations made under 427), and 96 (tempor-
ary additional support) of the Social Security Act 2018”.
In section YA 1, definition of portable New Zealand superannuation, paragraph
(c), replace “section 19 of the Social Welfare (Reciprocity Agreements, and New Zea-
land Artificial Limb Service) Act 1990” with “section 380 (orders adopting reci-
procity agreements) of the Social Security Act 2018”.
In section YA 1, definition of portable veteran’s pension, paragraph (c), replace
“section 19 of the Social Welfare (Reciprocity Agreements, and New Zealand Artifi-
cial Limb Service) Act 1990” with “section 380 (orders adopting reciprocity agree-
ments) of the Social Security Act 2018”.

Inquiries Act 2013 (2013 No 60)

In section 38(2)(b), before “an enactment enacted before the commencement of this
Act”, insert “an enactment that is, or that (with or without modification) corresponds
to or replaces,”.
In Schedule 1, replace the item relating to the Social Security Act 1964, section 12M,
with:
Social Security Act 2018 Schedule 8, clause 12

Legal Services Act 2011 (2011 No 4)

In section 41A, replace the definition of benefit with:

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Schedule 10 Social Security Act 2018 2018 No 32

Legal Services Act 2011 (2011 No 4)—continued

benefit means a benefit as defined in Schedule 2 of the Social Security Act
2018 other than—
(a) an orphan’s benefit payable under section 43 of that Act:
(b) an unsupported child’s benefit payable under section 46 of that Act:
(c) a child disability allowance payable under section 78 of that Act:
(d) a disability allowance payable under section 85 of that Act
In Schedule 1, clause 2(1), replace paragraphs (b) to (d) with:
(b) has the meaning given to it in clauses 3 to 7 of Schedule 3 of the Social
Security Act 2018; and
(c) includes a benefit as defined in Schedule 2 of the Social Security Act
2018 other than—
(i) an orphan’s benefit payable under section 43 of that Act; or
(ii) an unsupported child’s benefit payable under section 46 of that
Act:
(iii) an emergency benefit under section 63 of that Act; or
(iv) an accommodation supplement under section 65 of that Act; or
(v) a winter energy payment under section 72 of that Act; or
(vi) a child disability allowance payable under section 78 of that Act;
or
(vii) a disability allowance payable under section 85 of that Act; or
(viii) temporary additional support under section 96 of that Act; and
(ca) excludes a special benefit continued under section 23 of the Social
Security (Working for Families) Amendment Act 2004 (as that section is
saved by clause 19 of Schedule 1 of the Social Security Act 2018); and
(d) excludes any special assistance payable under a programme approved
under section 100 or 101 of that Act; but

Legislation Act 2012 (2012 No 119)

Replace section 47B(2)(c) to (e) with:
(c) section 423(1)(c) of the Social Security Act 2018:
(d) section 452(1) (apart from, or with, clause 55(6) of Schedule 1) of the
Social Security Act 2018:
In Schedule 2, replace the items about section 61H(1) (apart from, or with,
clause 3(6) of Schedule 32), section 61HA(2) (apart from, or with, clause 3(6) of
Schedule 32), and section 61I(1), of the Social Security Act 1964 with:
Social Security Act 2018 423(1)(c)

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2018 No 32 Social Security Act 2018 Schedule 10

Legislation Act 2012 (2012 No 119)—continued

Social Security Act 2018 452(1) (apart from, or with,
cl 55(6) of Schedule 1)

Maori Trust Boards Act 1955 (1955 No 37)

In section 41A(1), replace “Social Security Act 1964” with “Social Security Act
2018”.

Medicines Act 1981 (1981 No 118)

Repeal section 32A(6).

Minimum Wage Act 1983 (1983 No 115)

In section 4A(5)(a) and (b), replace “Social Security Act 1964” with “Social Security
Act 2018”.
In section 4A(6), definition of specified social security benefit, after “Social Secur-
ity Act 1964”, insert “or the Social Security Act 2018”.

New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84)
In section 4(2), replace “the Social Security Act 1964” with “the Social Security Act
2018 or the Residential Care and Disability Support Services Act 2018”.
In section 4A(4)(a)(i), replace “section 3(1) of the Social Security Act 1964” with
“Schedule 2 of the Social Security Act 2018”.
In section 5(1), definition of New Zealand superannuation, paragraph (b), replace
“section 19 of the Social Welfare (Reciprocity Agreements, and New Zealand Artifi-
cial Limb Service) Act 1990 (adoption of reciprocity agreement with other coun-
tries)” with “section 380 (orders adopting reciprocity agreements) of the Social Secur-
ity Act 2018”.
In section 7(3), replace “the Social Security Act 1964” with “the Social Security Act
2018 or the Residential Care and Disability Support Services Act 2018”.
In section 11(2), replace “section 80AA of the Social Security Act 1964” with “sec-
tion 317 of the Social Security Act 2018”.
Replace section 15(5) with:
(5) Every Order in Council made under subsection (2) has the force of law as if it
was enacted by this Act.
Replace section 17(1) with:
(1) This section applies to any person who is not in long-term residential care and
whose spouse or partner is in long-term residential care in a hospital or rest
home, whether or not the spouse or partner is a resident assessed as requiring
care (as defined in section 5 of the Residential Care and Disability Support Ser-
vices Act 2018).

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Schedule 10 Social Security Act 2018 2018 No 32

New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84)—
continued
In section 17(2)(c), replace “emergency benefit under section 61 of the Social Secur-
ity Act 1964” with “emergency benefit under section 63 of the Social Security Act
2018”.
In section 17(3), replace “Part 4 of that Act” with “the Residential Care and Disability
Support Services Act 2018”.
Replace section 19(5) with:
(5) Subsection (4) does not apply to a resident assessed as requiring care (as
defined in section 5 of the Residential Care and Disability Support Services
Act 2018) who is a patient in a hospital and in respect of whom a funder (as
defined in that section) is paying some or all of the cost of contracted care ser-
vices (as defined in section 11 of that Act) under section 18, 22(2), 26, 54, or
55 of that Act.
Replace section 19(10) with:
(10) This section applies despite anything to the contrary in the Social Security Act
2018 or in the Residential Care and Disability Support Services Act 2018.
Replace section 20(1)(b)(ii) with:
(ii) a resident assessed as requiring care (as defined in section 5 of the
Residential Care and Disability Support Services Act 2018), and
in respect of whom a funder (as defined in that section) is paying
some or all of the cost of contracted care services (as defined in
section 11 of that Act) under section 18, 22(2), 26, 54, or 55 of
that Act.
In section 20(3), replace “section 69C of the Social Security Act 1964 but subject to
section 68A of that Act” with “subpart 14 of Part 2 of the Social Security Act 2018
(disability allowance) but subject to sections 186 and 310 and clause 19 of Schedule 3
of that Act (which relate to insurance payments)”.
In section 21, replace “any agreement or convention adopted under section 19 of the
Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service)
Act 1990” with “any reciprocity agreement adopted under section 380 of the Social
Security Act 2018”.
In section 26(1)(a), replace “a reciprocal agreement or convention, in force under sec-
tion 19 of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial
Limb Service) Act 1990” with “a reciprocity agreement in force under section 380 of
the Social Security Act 2018”.
In section 26A(2)(c) and (d), after “section 79(3)(a) of the Social Security Act 1964”,
insert “or regulations made under section 421 of the Social Security Act 2018” in
each place.
In section 28(3), replace “section 80AA of the Social Security Act 1964” with “sec-
tion 317 of the Social Security Act 2018”.

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2018 No 32 Social Security Act 2018 Schedule 10

New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84)—
continued
Replace section 29(2) and (3) with:
(2) A person who is receiving New Zealand superannuation overseas under sec-
tion 26 is not entitled to receive any assistance under the Social Security Act
2018 or under a programme approved under section 100 or 101 of that Act.
(3) When a person who receives New Zealand superannuation overseas under sec-
tion 26 dies, the benefit terminates (despite sections 325 to 330 of the Social
Security Act 2018) on a date—
(a) to be determined by the chief executive; and
(b) that must be not more than 4 weeks after the person’s date of death.
Replace section 29(4A) with:
(4A) The Social Security Act 2018 applies to New Zealand superannuation being
paid under section 26, but—
(a) sections 111, 114, 173 to 196, 204, and 206 to 219 of that Act do not
apply to that New Zealand superannuation; and
(b) the rest of that Act applies to that New Zealand superannuation except as
provided in this section.
In section 30(1)(b), replace “a reciprocal agreement in force under section 19 of the
Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service)
Act 1990” with “a reciprocity agreement in force under section 380 of the Social
Security Act 2018”.
Replace section 30(5) with:
(5) Every Order in Council made under subsection (2)(a) has the force of law as if
it was enacted by this Act.
In section 31(5), replace “section 11D of the Social Security Act 1964” with “sec-
tion 297 (and regulations made under section 438) of the Social Security Act 2018”.
Replace section 32(3) with:
(3) However, if sections 187 to 191 of the Social Security Act 2018 apply, that
amount must be reduced by the amount deducted in accordance with those sec-
tions.
Replace section 34 with:

34 Effect on other benefits

A person being paid a benefit under section 31 is not entitled to receive any
assistance under the Social Security Act 2018 or under a programme approved
under section 100 or 101 of that Act.
In the heading to section 35, replace “Social Security Act 1964” with “Social Secur-
ity Act 2018”.

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Schedule 10 Social Security Act 2018 2018 No 32

New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84)—
continued
Replace section 35(2) with:
(2) The Social Security Act 2018 (except sections 204, 206 to 208, 217 to 219,
311, and 313 to 315) applies to New Zealand superannuation being paid in a
specified Pacific country under section 31.

Parole Act 2002 (2002 No 10)

In the heading to section 38, replace “Social Security Act 1964” with “Social Secur-
ity Act 2018”.
In section 38, replace “Social Security Act 1964” with “Social Security Act 2018”.

Privacy Act 1993 (1993 No 28)

In section 97, definition of monetary payment, paragraph (a), replace “within the
meaning of section 3(1) of the Social Security Act 1964” with “as defined in Sched-
ule 2 of the Social Security Act 2018”.
In section 97, definition of specified agency, paragraphs (f) and (j), replace “Social
Security Act 1964” with “Social Security Act 2018”.
In section 103(1A), replace “Social Security Act 1964” with “Social Security Act
2018”.
In Schedule 3,—
(a) replace “Social Security Act 1964” with “Social Security Act 2018”; and
(b) replace “Sections 126A, 126AB, and 126AC” with “Clauses 13 to 15 of Sched-
ule 6”.

Prostitution Reform Act 2003 (2003 No 28)

In section 18(1), replace “Social Security Act 1964” with “Social Security Act 2018”.

Public Safety (Public Protection Orders) Act 2014 (2014 No 68)

Replace section 39 with:

39 Right to benefits
(1) A resident is not disentitled from obtaining a benefit (as defined in Schedule 2
of the Social Security Act 2018).
(2) For the purpose of calculating the benefit, the resident is taken to be a patient in
a hospital (within the meaning of, as the case requires, sections 206 and 207
and Schedule 2 of that Act, or section 19(1) of the New Zealand Superannu-
ation and Retirement Income Act 2001) for more than 13 weeks.

Rates Rebate Act 1973 (1973 No 5)

In section 2(1), definition of dependant, paragraph (b), replace “Social Security Act
1964” with “Social Security Act 2018”.

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2018 No 32 Social Security Act 2018 Schedule 10

Rates Rebate Act 1973 (1973 No 5)—continued

In section 2(1), definition of income, paragraph (d)(iii) and (vii), replace “Social
Security Act 1964” with “Social Security Act 2018”.

Residential Tenancies Act 1986 (1986 No 120 )

In the heading to section 22E, replace “Social Welfare” with “MSD”.
In section 22E(1), replace the definition of Social Welfare with:
MSD means the department of State that, with the Prime Minister’s authority,
is for the time being responsible for the administration of the Social Security
Act 2018
In section 22E(2), (3), and (4), replace “Social Welfare” with “MSD” in each place.
In section 29(4)(c), replace “Social Security Act 1964” with “Social Security Act
2018”.

Sentencing Act 2002 (2002 No 9)

In the heading to section 69M, replace “Social Security Act 1964” with “Social
Security Act 2018”.
In section 69M, replace “Social Security Act 1964” with “Social Security Act 2018”.
In the heading to section 80ZE, replace “Social Security Act 1964” with “Social
Security Act 2018”.
In section 80ZE, replace “Social Security Act 1964” with “Social Security Act 2018”.

Student Loan Scheme Act 2011 (2011 No 62)

In section 4(1), definition of chief executive, replace “Social Security Act 1964” with
“Social Security Act 2018”.
In section 4(1), definition of lender, replace “Social Security Act 1964” with “Social
Security Act 2018”.
In section 40(4), definition of equivalent gross amount, paragraph (b), replace “sec-
tion 83A of the Social Security Act 1964” with “sections 349, 350, 351, and 352 of
the Social Security Act 2018”.
In section 207(5), definition of specified department, replace “Social Security Act
1964” with “Social Security Act 2018”.

Summary Proceedings Act 1957 (1957 No 87)

In section 2(1), replace the definition of benefit with:
benefit—
(a) means a benefit as defined in Schedule 2 of the Social Security Act
2018; but
(b) does not include—

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Schedule 10 Social Security Act 2018 2018 No 32

Summary Proceedings Act 1957 (1957 No 87)—continued

(i) an orphan’s benefit under section 43 of the Social Security Act
2018; or
(ii) an unsupported child’s benefit under section 46 of that Act; or
(iii) a winter energy payment under section 72 of that Act; or
(iv) a child disability allowance payable under section 78 of the Social
Security Act 2018; or
(v) a disability allowance payable under section 85 of the Social
Security Act 2018; or
(vi) a special benefit continued under section 23 of the Social Security
(Working for Families) Amendment Act 2004 (as that section is
saved by clause 19 of Schedule 1 of the Social Security Act
2018); or
(vii) temporary additional support under section 96 of the Social Secur-
ity Act 2018
In section 87AA(1) and (2)(b)(i), replace “Social Security Act 1964” with “Social
Security Act 2018”.
In section 87AA(2)(c), replace “section 86 of the Social Security Act 1964” with
“regulations made under section 444 of the Social Security Act 2018”.
In section 87B(5)(a)(i), replace “Social Security Act 1964” with “Social Security Act
2018”.
In section 87B(5)(b), replace “section 86 of the Social Security Act 1964” with “regu-
lations made under section 444 of the Social Security Act 2018”.
In section 105(5)(a), replace “Social Security Act 1964” with “Social Security Act
2018”.
In section 105(5)(b), replace “section 86 of the Social Security Act 1964” with “regu-
lations made under section 444 of the Social Security Act 2018”.

Tax Administration Act 1994 (1994 No 166)

In section 24F(1B)(a), replace “Social Security Act 1964” with “Social Security Act
2018”.
In section 24IB(2), replace “Social Security Act 1964” with “Social Security Act
2018”.
Replace section 80KK(3)(a)(i) with:
(i) an income-tested benefit, an orphan’s benefit, or an unsupported
child’s benefit paid or payable under the Social Security Act 1964
or the Social Security Act 2018; or
In section 85B(1), (2), and (5), replace “Social Security Act 1964” with “Social
Security Act 2018”.

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2018 No 32 Social Security Act 2018 Schedule 10

Tax Administration Act 1994 (1994 No 166)—continued

In section 85B(4)(a), replace “section 19C(1)(d) of the Social Welfare (Reciprocity
Agreements, and New Zealand Artificial Limb Service) Act 1990” with “regulations
made under section 450 of the Social Security Act 2018”.
In section 85B(7), definition of authorised officer, replace “Social Security Act
1964” with “Social Security Act 2018”.
In section 85B(7), replace the definition of social security agreement with:
social security agreement means an agreement (for example, a Convention),
or an alteration to an agreement,—
(a) in respect of which an Order in Council has been made under sec-
tion 380 (orders adopting reciprocity agreements) of the Social Security
Act 2018; and
(b) that contains a mutual assistance provision for the Governments of New
Zealand and the other country to supply each other with information for
social security purposes.
In section 85C(b), replace “Social Security Act 1964” with “Social Security Act
2018”.

Veterans’ Support Act 2014 (2014 No 56)

In section 59(1)(d), replace “Social Security Act 1964” with “Social Security Act
2018”.
Replace section 61(2) with:
(2) Average wage, in subsection (1), means the before tax average ordinary time
weekly wage (all sectors, male and female combined) as at 1 April each year,
as specified in—
(a) the latest Quarterly Employment Survey published by Statistics New
Zealand; or
(b) if the survey referred to in paragraph (a) ceases to be published, a survey
certified by the Government Statistician as an equivalent survey to the
survey referred to in that paragraph.
In section 154(2)(a)(v), replace “Social Security Act 1964” with “Social Security Act
2018”.
In section 158(1), definitions of full-time employment and income, and section
158(2)(b), replace “section 3(1) of the Social Security Act 1964” with “Schedule 2 of
the Social Security Act 2018”.
In section 159(4)(a)(i), replace “section 3(1) of the Social Security Act 1964” with
“Schedule 2 of the Social Security Act 2018”.
In section 160(1), replace “of the Social Security Act 1964” with “of the Social
Security Act 2018”.

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Veterans’ Support Act 2014 (2014 No 56)—continued

In section 160(1)(b), replace “the Social Security Act 1964 or the Social Welfare
(Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990” with
“the Social Security Act 2018”.
In section 173(1)(a), replace “section 136 of the Social Security Act 1964” with “sec-
tion 5 of the Residential Care and Disability Support Services Act 2018”.
In section 173(3), replace “Part 4 of the Social Security Act 1964” with “the Residen-
tial Care and Disability Support Services Act 2018”.
Replace section 175(1) with:
(1) A person affected by a decision of VANZ under this Part may (subject to sub-
section (2)) appeal the decision—
(a) to the social security appeal authority, in accordance with sec-
tion 397(1)(e) of the Social Security Act 2018; or
(b) if the decision was made on medical grounds, to a board appointed under
Schedule 9 of that Act.
In section 176, replace “any agreement or convention adopted under section 19 of the
Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service)
Act 1990” with “any reciprocity agreement adopted under section 380 of the Social
Security Act 2018”.
In section 181(a), replace “a reciprocal agreement or convention, in force under sec-
tion 19 of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial
Limb Service) Act 1990” with “a reciprocity agreement in force under section 380 of
the Social Security Act 2018”.
Replace section 185(1)(c) and (d) with:
(c) any period of absence from New Zealand while the person was treated
under section 16(5) of, and regulations made under section 421 of, the
Social Security Act 2018, as being resident and present in New Zealand;
or
(d) any period of absence from New Zealand while, as the spouse or partner
of a person treated under section 16(5) of, and regulations made under
section 421 of, the Social Security Act 2018, as being resident and
present in New Zealand, the person was also (by virtue of those provi-
sions of, or of those regulations made under, the Social Security Act
2018) treated as being resident and present in New Zealand.
In section 188(3), replace “section 80AA of the Social Security Act 1964” with “sec-
tion 317 of the Social Security Act 2018”.
In section 189(1), replace “assistance under the Social Security Act 1964 or under any
welfare programme approved under section 124(1)(d) of that Act” with “assistance
under the Social Security Act 2018 or under a programme approved under sec-
tion 100 or 101 of that Act”.

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2018 No 32 Social Security Act 2018 Schedule 10

Veterans’ Support Act 2014 (2014 No 56)—continued

Replace section 189(2) and (3) with:
(2) When a person who receives a veteran’s pension overseas under section 182
dies, the pension terminates (despite sections 325 to 330 of the Social Security
Act 2018) on a date—
(a) to be determined by VANZ; and
(b) that must be not more than 4 weeks after the person’s date of death.
(3) The Social Security Act 2018 applies to veterans’ pensions being paid overseas
under section 182, but—
(a) sections 111, 114, 173 to 196, 204, and 206 to 219 of that Act do not
apply to those pensions; and
(b) the rest of that Act applies to those pensions except as provided in this
section.
In section 190(1)(b), replace “a reciprocal agreement, in force under section 19 of the
Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service)
Act 1990” with “a reciprocity agreement in force under section 380 of the Social
Security Act 2018”.
Repeal section 190(5).
In section 191(5), replace “section 11D of the Social Security Act 1964” with “sec-
tion 297 (and regulations made under section 438) of the Social Security Act 2018”.
In section 192(3), replace “section 70 of the Social Security Act 1964” with “sec-
tions 187 to 191 of the Social Security Act 2018”.
In section 194, replace “assistance under the Social Security Act 1964 or under any
welfare programme approved under section 124(1)(d) of that Act” with “assistance
under the Social Security Act 2018 or under a programme approved under section
100 or 101 of that Act”.
In the heading to section 195, replace “Social Security Act 1964” with “Social
Security Act 2018”.
In section 195(2), replace “Social Security Act 1964 (other than sections 74(1)(a), 75,
75A, 76, 77, and 80)” with “Social Security Act 2018 (other than sections 204, 206 to
208, 217 to 219, 311, and 313 to 315)”.
In section 196, replace “Despite sections 74(1)(a) and 77 of the Social Security Act
1964 and sections 181 to 189 of this Act, if,” with “If,”.
In section 196, insert as subsection (2):
(2) This section applies despite—
(a) sections 181 to 189; and
(b) sections 204 and 219 of the Social Security Act 2018.
In section 207(2)(e), replace “sections 71 and 86A of the Social Security Act 1964”
with “regulations made under section 444 of the Social Security Act 2018”.

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Veterans’ Support Act 2014 (2014 No 56)—continued

In Schedule 2, Part 2, replace clause 25(2) with:
(2) Average wage, in subclause (1), means the before tax average ordinary time
weekly wage (all sectors, male and female combined) as at 1 July each year, as
specified in—
(a) the latest Quarterly Employment Survey published by Statistics New
Zealand; or
(b) if the survey referred to in paragraph (a) ceases to be published, a survey
certified by the Government Statistician as an equivalent survey to the
survey referred to in that paragraph.
In Schedule 2, Part 2, replace clause 37(6) with:
(6) Average wage, in this clause, means the before tax average ordinary time
weekly wage (all sectors, male and female combined) as at 1 July each year, as
specified in—
(a) the latest Quarterly Employment Survey published by Statistics New
Zealand; or
(b) if the survey referred to in paragraph (a) ceases to be published, a survey
certified by the Government Statistician as an equivalent survey to the
survey referred to in that paragraph.

Part 2
Amendments to Legislative Instruments
Court of Appeal Fees Regulations 2001 (SR 2001/309)
In regulation 5(3)(b)(i), replace “a benefit of a kind specified in any of paragraphs (a)
to (e), (h), and (j) of the definition of income-tested benefit in section 3(1) of the
Social Security Act 1964” with “a specified benefit (as defined in section 198(3) of
the Social Security Act 2018) that is jobseeker support, sole parent support, a suppor-
ted living payment, or an emergency benefit”.

Customs and Excise Regulations 1996 (SR 1996/232)

In regulation 81A(2)(b)(i), replace “a benefit of a kind specified in any of paragraphs
(a) to (e), (h), and (j) of the definition of income-tested benefit in section 3(1) of the
Social Security Act 1964” with “a specified benefit (as defined in section 198(3) of
the Social Security Act 2018) that is jobseeker support, sole parent support, a suppor-
ted living payment, or an emergency benefit”.

District Courts Fees Regulations 2009 (SR 2009/318)

In regulation 5(3)(b)(i), replace “a benefit of a kind specified in any of paragraphs (a)
to (e) and (j) of the definition of income-tested benefit in section 3(1) of the Social
Security Act 1964” with “a specified benefit (as defined in section 198(3) of the

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2018 No 32 Social Security Act 2018 Schedule 10

District Courts Fees Regulations 2009 (SR 2009/318)—continued

Social Security Act 2018) that is jobseeker support, sole parent support, a supported
living payment, or an emergency benefit”.

Family Courts Fees Regulations 2009 (SR 2009/88)

In regulation 7(3)(b)(i), replace “a benefit of a kind specified in any of paragraphs (a)
to (e), and (j) of the definition of income-tested benefit in section 3(1) of the Social
Security Act 1964” with “a specified benefit (as defined in section 198(3) of the
Social Security Act 2018) that is jobseeker support, sole parent support, a supported
living payment, or an emergency benefit”.

Family Proceedings Rules 1981 (SR 1981/261)

In rule 80(1), replace “Social Security Act 1964” with “Social Security Act 2018”.

Health Entitlement Cards Regulations 1993 (SR 1993/169)

In regulation 2(1), definitions of beneficiary, child, dependent child, and income,
replace “section 3(1) of the Social Security Act 1964” with “Schedule 2 of the Social
Security Act 2018”.
In regulation 2(1), definition of department, replace “Social Security Act 1964” with
“Social Security Act 2018”.
In regulation 2(1), replace the definition of residential care disability services with:
residential care disability services has the meaning given to residential care
services in Schedule 2 of the Social Security Act 2018
Replace regulation 8(1)(a) with:
(a) a beneficiary who has applied for and is entitled to receive any of the
following benefits under the Social Security Act 2018 (whether or not
payment of the benefit has commenced under subpart 4 of Part 6 of that
Act):
(i) sole parent support:
(ii) supported living payment:
(iii) jobseeker support:
(iv) an emergency benefit granted instead of sole parent support or
supported living payment or jobseeker support:
(v) a veteran’s pension:
(vi) a youth payment:
(vii) a young parent payment:
Replace regulation 8(1)(b) with:
(b) a child in respect of whom an orphan’s benefit, an unsupported child’s
benefit, or a child disability allowance is payable under the Social Secur-
ity Act 2018:

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Schedule 10 Social Security Act 2018 2018 No 32

Health Entitlement Cards Regulations 1993 (SR 1993/169)—continued

In regulation 8(1)(g), replace “Social Security Act 1964” with “Residential Care and
Disability Support Services Act 2018”.
Replace regulation 9(1) with:
(1) If it is necessary to ascertain the income or net income or family credit income
of a person for the purposes of assessing eligibility for a community services
card, Schedule 3 of the Social Security Act 2018 applies with all necessary
modifications.
(1A) Subclause (1) is subject to subclause (2).
Replace regulation 10(3) with:
(3) The person who applied for a review under subclause (2) may, within 3 months
after notification of the results of that review, appeal against the Director-Gen-
eral’s decision to the social security appeal authority established by or under
Schedule 8 of the Social Security Act 2018; and subpart 4 of Part 7 and Sched-
ule 8 of that Act, with all necessary modifications, apply to the appeal.
(4) Appeals under subclause (3) that are not completed on the repeal of the Social
Security Act 1964 continue under subclause (3) as inserted on that repeal.

High Court Fees Regulations 2013 (SR 2013/226)

In regulation 19(b)(i), replace “an income-tested benefit (which has the meaning
given in section 3(1) of the Social Security Act 1964, except that it excludes the bene-
fits specified in paragraphs (f) to (i) of that definition)” with “a specified benefit (as
defined in section 198(3) of the Social Security Act 2018) that is jobseeker support,
sole parent support, a supported living payment, or an emergency benefit”.

Income Tax (Social Assistance Suspensory Loans) Order 1995 (SR 1995/79)
In the Schedule, clause 2, replace “Social Security Act 1964” with “Social Security
Act 2018”.

Land Transport (Driver Licensing) Rule 1999 (SR 1999/100)

In rule 2(1), definition of dependant, paragraph (b), replace “Social Security Act
1964” with “Social Security Act 2018”.

Privacy (Information Sharing Agreement between Inland Revenue and Ministry

of Social Development) Order 2017 (LI 2017/176)
In clause 3(1), replace the definition of benefit with:
benefit means—
(a) a benefit within the meaning of paragraph (a) of the definition of benefit
in Schedule 2 of the Social Security Act 2018; and
(b) any other amount that is payable or may be paid under the Social Secur-
ity Act 2018, including—

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Privacy (Information Sharing Agreement between Inland Revenue and Ministry

of Social Development) Order 2017 (LI 2017/176)—continued
(i) a funeral grant that may be paid under subpart 15 of Part 2 of that
Act; and
(ii) any special assistance payable under a programme approved under
section 101 of that Act
In clause 3(1), definition of dependent child, replace “section 3(1) of the Social
Security Act 1964” with “paragraph (a) of the definition of that term in Schedule 2 of
the Social Security Act 2018”.
In clause 3(1), definition of subsidies, replace paragraph (b) with:
(b) community services cards available under regulations made, or deemed
to have been made, under 1 or both of—
(i) section 92 of the New Zealand Public Health and Disability
Act 2000; and
(ii) section 437 of the Social Security Act 2018; and

Resource Management (Forms, Fees, and Procedure) Regulations 2003 (SR

2003/153)
In regulation 35A(3)(a), replace “a benefit of a kind specified in any of paragraphs (a)
to (e) of the definition of income-tested benefit in section 3(1) of the Social Security
Act 1964” with “a specified benefit (as defined in section 198(3) of the Social Secur-
ity Act 2018) that is jobseeker support, sole parent support, a supported living pay-
ment, or an emergency benefit”.

Social Housing Appeals Regulations 2014 (LI 2014/118)

In regulation 4, definition of benefits review committee or review committee,
replace “section 10A of the Social Security Act 1964” with “Schedule 7 of the Social
Security Act 2018”.
In regulation 4, definition of Social Security Appeal Authority or Appeal Author-
ity, replace “section 12A of the Social Security Act 1964” with “Schedule 8 of the
Social Security Act 2018”.
In regulation 6, replace “section 10A(2) to (7) of the Social Security Act 1964” with
“Schedule 7 of the Social Security Act 2018”.
Replace regulation 9 with:

9 Hearing and disposal of appeal

(1) Sections 400, 401(3) and (4), 403, 404, and 405 to 410, and Schedule 8, and
regulations made under section 451, of the Social Security Act 2018 apply to
the hearing and disposal of the appeal (including matters relating to procedure)
with the following, and all other necessary, modifications:

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Schedule 10 Social Security Act 2018 2018 No 32

Social Housing Appeals Regulations 2014 (LI 2014/118)—continued

(a) a reference in any of those provisions to the chief executive is a refer-
ence to the agency:
(b) a reference in any of those provisions to a decision is a reference to a
decision, determination, or assessment of the agency.
(2) Appeals under regulation 8 that are not completed on the repeal of the Social
Security Act 1964 continue under this regulation as inserted on that repeal.

Social Security (Childcare Assistance) Regulations 2004 (SR 2004/268)

Replace regulation 28(1) with:
(1) A payment of childcare assistance that is an overpayment (within the meaning
of subclause (1A)) is—
(a) a debt due to the Crown under regulations made under section 444 from
the applicant; and
(b) subject to recovery under those regulations from the applicant.
(1A) A payment of childcare assistance is an overpayment if the payment is to or for
the credit of a person, and the payment is one—
(a) that is in excess of the amount to which the person is entitled; or
(b) to which the person has no entitlement.

Social Security (Debt Recovery Suspension) Regulations 2007 (SR 2007/86)

In regulation 3, replace the definition of benefit debt with:
benefit debt means a debt due to the Crown under, and subject to recovery
under, regulations made under section 444 of the Social Security Act 2018

Social Security (Temporary Additional Support) Regulations 2005 (SR 2005/334)

In regulation 4, replace the definition of dependent child with:
dependent child, in relation to a person, does not include a child in respect of
whom an orphan’s benefit or an unsupported child’s benefit is being paid, but
otherwise has the meaning given to it by Schedule 2 of the Social Security Act
2018

Social Welfare (Reciprocity with Australia) Order 2017 (2017/86)

In clause 5, insert as clause 5(2):
(2) A reference (however expressed) in either of the following to the former assist-
ance under the Social Security Act 1964 in relation to New Zealand must on
and after 26 November 2018 be read as a reference to the assistance under the
Social Security Act 2018 that corresponds to the former assistance (see
clause 4(3) of Schedule 1 of that Act):
(a) a provision of the agreement, or of the notes, referred to in clause 4:

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2018 No 32 Social Security Act 2018 Schedule 10

Social Welfare (Reciprocity with Australia) Order 2017 (2017/86)—continued

(b) a provision of a document related to the operation on or after 26 Novem-
ber 2018 of this order.

Social Welfare (Reciprocity with Canada) Order 1996 (SR 1996/178)

After clause 3(4), insert:
(5) A reference (however expressed) in either of the following to the former assist-
ance under the Social Security Act 1964 in relation to New Zealand must on
and after 26 November 2018 be read as a reference to the assistance under the
Social Security Act 2018 that corresponds to the former assistance (see
clause 4(3) of Schedule 1 of that Act):
(a) a provision of the agreement set out in Schedule 1:
(b) a provision of a document related to the operation on or after 26 Novem-
ber 2018 of this order.

Social Welfare (Reciprocity with Denmark) Order 1997 (SR 1997/135)

After clause 3(4), insert:
(5) A reference (however expressed) in either of the following to the former assist-
ance under the Social Security Act 1964 in relation to New Zealand must on
and after 26 November 2018 be read as a reference to the assistance under the
Social Security Act 2018 that corresponds to the former assistance (see
clause 4(3) of Schedule 1 of that Act):
(a) a provision of the agreement set out in the Schedule:
(b) a provision of a document related to the operation on or after 26 Novem-
ber 2018 of this order.

Social Welfare (Reciprocity with Ireland) Order 1993 (SR 1993/251)

After clause 2(4), insert:
(5) A reference (however expressed) in either of the following to the former assist-
ance under the Social Security Act 1964 in relation to New Zealand must on
and after 26 November 2018 be read as a reference to the assistance under the
Social Security Act 2018 that corresponds to the former assistance (see
clause 4(3) of Schedule 1 of that Act):
(a) a provision of the agreement set out in the Schedule:
(b) a provision of a document related to the operation on or after 26 Novem-
ber 2018 of this order.
(6) Despite subclause (5), a reference (however expressed) in either of the follow-
ing to an orphan’s benefit under the Social Security Act 1964 in relation to
New Zealand must on and after 26 November 2018 be read as a reference to an
orphan’s benefit granted under section 43 of the Social Security Act 2018:
(a) a provision of the agreement in the Schedule:

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Schedule 10 Social Security Act 2018 2018 No 32

Social Welfare (Reciprocity with Ireland) Order 1993 (SR 1993/251)—continued

(b) a provision of a document related to the operation on or after 26 Novem-
ber 2018 of this order.

Social Welfare (Reciprocity with Jersey and Guernsey) Order 1995 (SR 1995/44)
After clause 2(5), insert:
(6) A reference (however expressed) in either of the following to the former assist-
ance under the Social Security Act 1964 in relation to New Zealand must on
and after 26 November 2018 be read as a reference to the assistance under the
Social Security Act 2018 that corresponds to the former assistance (see
clause 4(3) of Schedule 1 of that Act):
(a) a provision of the agreement set out in the Schedule:
(b) a provision of a document related to the operation on or after 26 Novem-
ber 2018 of this order.

Social Welfare (Reciprocity with Malta) Order 2013 (SR 2013/373)

After clause 4(2), insert:
(3) A reference (however expressed) in either of the following to the former assist-
ance under the Social Security Act 1964 in relation to New Zealand must on
and after 26 November 2018 be read as a reference to the assistance under the
Social Security Act 2018 that corresponds to the former assistance (see
clause 4(3) of Schedule 1 of that Act):
(a) a provision of the agreement referred to in clause 3:
(b) a provision of a document related to the operation on or after 26 Novem-
ber 2018 of this order.

Social Welfare (Reciprocity with the Hellenic Republic) Order 1993 (SR
1993/347)
After clause 2(4), insert:
(5) A reference (however expressed) in either of the following to the former assist-
ance under the Social Security Act 1964 in relation to New Zealand must on
and after 26 November 2018 be read as a reference to the assistance under the
Social Security Act 2018 that corresponds to the former assistance (see
clause 4(3) of Schedule 1 of that Act):
(a) a provision of the agreement set out in the Schedule:
(b) a provision of a document related to the operation on or after 26 Novem-
ber 2018 of this order.
(6) Despite subclause (5), a reference (however expressed) in either of the follow-
ing to an orphan’s benefit under the Social Security Act 1964 in relation to
New Zealand must on and after 26 November 2018 be read as a reference to an
orphan’s benefit granted under section 43 of the Social Security Act 2018:

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2018 No 32 Social Security Act 2018 Schedule 10

Social Welfare (Reciprocity with the Hellenic Republic) Order 1993 (SR
1993/347)—continued
(a) a provision of the agreement set out in the Schedule:
(b) a provision of a document related to the operation on or after 26 Novem-
ber 2018 of this order.

Social Welfare (Reciprocity with the Netherlands) Order 2003 (SR 2003/216)
After clause 3(6), insert:
(7) A reference (however expressed) in either of the following to the former assist-
ance under the Social Security Act 1964 in relation to New Zealand must on
and after 26 November 2018 be read as a reference to the assistance under the
Social Security Act 2018 that corresponds to the former assistance (see
clause 4(3) of Schedule 1 of that Act):
(a) a provision of a document set out in any of Schedules 1 to 4:
(b) a provision of a document related to the operation on or after 26 Novem-
ber 2018 of this order.

Social Welfare (Reciprocity with the United Kingdom) Order 1990 (SR 1990/85)
After clause 2(6), insert:
(7) A reference (however expressed) in either of the following to the former assist-
ance under the Social Security Act 1964 in relation to New Zealand must on
and after 26 November 2018 be read as a reference to the assistance under the
Social Security Act 2018 that corresponds to the former assistance (see
clause 4(3) of Schedule 1 of that Act):
(a) a provision of the Convention set out in the Schedule:
(b) a provision of a document related to the operation on or after 26 Novem-
ber 2018 of this order.
(8) Despite subclause (7), a reference (however expressed) in either of the follow-
ing to an orphan’s benefit under the Social Security Act 1964 in relation to
New Zealand must on and after 26 November 2018 be read as a reference to an
orphan’s benefit granted under section 43 of the Social Security Act 2018:
(a) a provision of the Convention set out in the Schedule:
(b) a provision of a document related to the operation on or after 26 Novem-
ber 2018 of this order.

Student Allowances Regulations 1998 (SR 1998/277)

In regulation 2(1), definition of accommodation supplement, replace “section 61EA
of the Social Security Act 1964” with “sections 65, 66, and 67 of the Social Security
Act 2018”.
In regulation 2(1), definition of chief executive, replace “Social Security Act 1964”
with “Social Security Act 2018”.

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Schedule 10 Social Security Act 2018 2018 No 32

Student Allowances Regulations 1998 (SR 1998/277)—continued

In regulation 2(1), definition of living with a parent, replace “section 3(1) of the
Social Security Act 1964” with “Schedule 2 of the Social Security Act 2018”.
In regulation 2(1), definition of personal income, paragraph (a), after “Social Secur-
ity Act 1964”, insert “or the Social Security Act 2018”.
In regulation 2(1), definition of spousal or partner’s income, paragraph (a), after
“Social Security Act 1964”, insert “or the Social Security Act 2018”.
In regulation 2(1), definition of supported child, paragraph (c)(ii) and (iv), after
“Social Security Act 1964”, insert “or the Social Security Act 2018”.
Replace regulation 13(1) with:
(1) No student is eligible for an allowance continued by regulation 3(a) to (c)
while that student or that student’s spouse or partner is receiving any of the fol-
lowing benefits under the Social Security Act 2018:
(a) jobseeker support:
(b) sole parent support:
(c) a supported living payment:
(d) a youth payment:
(e) a young parent payment:
(f) an emergency benefit.
In regulation 24A(2)(a), replace “Social Security Act 1964” with “Social Security Act
2018”.
In regulation 24A(3), replace “section 61EC of the Social Security Act 1964 (see in
particular section 61EC(3) of that Act, which states that an accommodation supple-
ment is not payable to a person who has cash assets exceeding the specified amount)”
with “section 65 of the Social Security Act 2018 (see in particular section 65(1)(b) of
that Act, which states that MSD may grant a person (P), for the period that MSD
determines, an accommodation supplement if P meets the assets requirement (as set
out in regulations made under section 423 of that Act))”.
In regulation 24A(4), replace “section 61E of the Social Security Act 1964” with
“Schedule 2 of the Social Security Act 2018”.

Supreme Court Fees Regulations 2003 (SR 2003/359)

In regulation 5(3)(b)(i), replace “a benefit of a kind specified in any of paragraphs (a)
to (e), (h), and (j) of the definition of income-tested benefit in section 3(1) of the
Social Security Act 1964” with “a specified benefit (as defined in section 198(3) of
the Social Security Act 2018) that is jobseeker support, sole parent support, a suppor-
ted living payment, or an emergency benefit”.

386
2018 No 32 Social Security Act 2018 Schedule 10

Taxation (Abated Interim Payments of subparts MA to MF and MZ Credit)

Regulations 2002 (SR 2002/52)
In regulation 3(1), replace “of the Social Security Act 1964” with “of the Social
Security Act 2018”.
In regulation 3(1)(a) and (b), after “under the Social Security Act 1964”, insert “or the
Social Security Act 2018”.

Taxation Review Authorities Regulations 1998 (SR 1998/460)

In regulation 10A(3)(b)(i), replace “a benefit of a kind specified in any of paragraphs
(a) to (e), or (j) of the definition of income-tested benefit in section 3(1) of the Social
Security Act 1964” with “a specified benefit (as defined in section 198(3) of the
Social Security Act 2018) that is jobseeker support, sole parent support, a supported
living payment, or an emergency benefit”.

Veterans’ Support Regulations 2014 (LI 2014/369)

In regulation 23(1)(c), replace “Social Security Act 1964” with “Social Security Act
2018”.
In regulation 23(3), definition of income, replace “section 3(1) of the Social Security
Act 1964” with “Schedule 2 of the Social Security Act 2018”.
In regulation 23(3), replace the definition of social security enactment with:
social security enactment means—
(a) Schedule 2 of the Residential Care and Disability Support Services Act
2018:
(b) the Social Security (Long-term Residential Care) Regulations 2005 (or
any other regulations made or treated as made under section 74 of the
Residential Care and Disability Support Services Act 2018):
(c) the Social Security (Income and Cash Assets Exemptions) Regula-
tions 2011 (or any other regulations made or treated as made—
(i) under section 422 for the purposes of clause 9 of Schedule 3 of
the Social Security Act 2018; or
(ii) under section 423 for the purposes of subpart 10 of Part 2 and Part
7 of Schedule 4 of the Social Security Act 2018):
(d) the Social Security (Temporary Additional Support) Regulations 2005
(or any other regulations made or treated as made under section 428 of
the Social Security Act 2018).
In regulation 36(1), replace “the definition of assets in clause 4 of Schedule 27 of the
Social Security Act 1964 (if the veteran were a person being means assessed under
section 146 of that Act)” with “the definition of assets in clause 4 of Schedule 2 of the
Residential Care and Disability Support Services Act 2018 (if the veteran were a per-
son being means assessed under section 34 of that Act)”.

387
Schedule 10 Social Security Act 2018 2018 No 32

Veterans’ Support Regulations 2014 (LI 2014/369)—continued

In regulation 36(3)(a), replace “clause 4 of Schedule 27 of the Social Security Act
1964” with “clause 4 of Schedule 2 of the Residential Care and Disability Support
Services Act 2018”.
In regulation 38, replace “clause 4 of Schedule 27 of the Social Security Act 1964”
with “clause 4 of Schedule 2 of the Residential Care and Disability Support Services
Act 2018”.

Vulnerable Children (Children’s Agencies) Order 2017 (LI 2017/202)

In the Schedule, replace “Social Security Act 1964” with “Social Security Act 2018”.

388
2018 No 32 Social Security Act 2018 Schedule 11

Schedule 11
Identified changes in legislation
s 9(6)(a)
Notes: Each identified change is a significant difference in substance between the old law and
the new law.
Identified changes unrelated to regulations are set out separately from those related to
regulations.
Some old law is replaced only with new law regulation-making powers, but most of
those powers authorise regulations to the same effect.
Those powers also authorise regulations to a different effect (for example, to implement
policy changes).
Identified changes exclude transitional, savings, and related provisions.
Old law New law—identified change unrelated to regulations
1964 Act 2018 Act
10A(1A) Sections 391 and 393 provide for applications for benefits review committee
reviews to be made to MSD, and referred to the appropriate benefits review
committee as determined by MSD.
10A(3)(a) Clause 2(a) of Schedule 7 contains, for the benefits review committee member
who the Minister appoints to represent on the committee the community’s inter-
ests, no requirement of place of residence, or close connection.
31 Sections 45(1) and 48(1) state expressly the purpose of the orphan’s benefit and
unsupported child’s benefit.
61 Section 63(4) ensures an emergency benefit must not exceed the rate of the
equivalent benefit, that is, the main benefit under this Act that MSD would grant
to a person entitled to the benefit in circumstances similar to those of the appli-
cant for the emergency benefit. Section 63(5) also does not enable MSD to
require an applicant for the emergency benefit to undergo medical or psycho-
logical examination or medical or other treatment.
69 and Schedule This Act repeals, and does not re-enact, the discretionary power given by these
12 provisions to increase by an amount not more than $1 per week the rate of a
benefit payable to a parent of a deceased member of specified armed forces or of
a specified mercantile marine.
69C(4) Section 87(c) ensures a disability allowance can be refused, cancelled, or granted
at a reduced rate, only if the applicant is receiving altered stated types of pen-
sion, or periodical allowance, that are granted elsewhere than New Zealand and
are analogous to a disability allowance.
69C(8) Section 85(4) defines health practitioner so that this term excludes a former
health practitioner (within the meaning of section 5(1) of the Health Practitioners
Competence Assurance Act 2003).
75B(9), (10) Section 216(3)(a) ensures a person whose benefit is suspended under section 213
is eligible for a 50% protection (the suspension applies to only half the applic-
able rate of main benefit before any reduction on account of income) under sec-
tion 245 if the person is not receiving a main benefit under this Act.
80BA(4)(b)(iv) Section 316(2)(d) (calculation of stand down) applies to jobseeker support gran-
ted not only to a sole parent, but also to a person to whom section 30(1)(e)
(which relates to having lost the regular support of a spouse or partner who is
subject to a sentence of imprisonment, etc) applies (see also clause 8 of Schedule
1).
82(6) Section 347 enables advance payment of instalments of a benefit only if the
benefit is a main benefit, an orphan’s benefit, an unsupported child’s benefit,

389
Schedule 11 Social Security Act 2018 2018 No 32

Old law New law—identified change unrelated to regulations

New Zealand Superannuation, or a veteran’s pension, and so also prevents
advance payment of instalments of any other benefit—for example, a benefit that
is supplementary assistance.
88B(1) Section 22(b) (jobseeker support: when person is available for work) is extended
to include a reference to the deferral of work-test obligations in certain circum-
stances. (See also section 2(6)(e) and clause 70 of Schedule 1, which re-enact an
amendment equivalent to the latent amendment in section 14(1) of the Social
Security (Extension of Young Persons Services and Remedial Matters) Amend-
ment Act 2016.)
88D(a) Section 26(a) (jobseeker support: ineligibility) is extended to include a reference
to the deferral of work-test obligations in certain circumstances. (See also sec-
tion 2(6)(e) and clause 71 of Schedule 1, which re-enact an amendment equiva-
lent to the latent amendment in section 15 of the Social Security (Extension of
Young Persons Services and Remedial Matters) Amendment Act 2016.)
102C(3)–(5) Section 151(2) ensures the cost of an evidential drug test will be unable to be
reimbursed to employers when the incurring of that cost was unnecessary
because the person who failed a screening test waived the right to the evidential
drug test.
120, 121 Sections 247(2) and 248(2) vary ordinary sanctions rules by giving 50% protec-
tion (the reduction, suspension, cancellation, or non-entitlement period applies to
only half the applicable rate of main benefit before any abatement on account of
income) to people with dependent children, or sole parents, subject to a 13-week
non-entitlement period under sections 225 and 227.
125F(1) and (2)(a) Clause 16(1) and (2)(a) of Schedule 6 (which relates to information disclosure
for services to young people not in education or training) is extended to add an
additional purpose to the list of purposes for which the chief executive of the
Ministry of Education may provide specified information to MSD: assessing
young people’s risk of long-term welfare dependency. (See also section 2(6)(e)
and clauses 75(1) and 76 of Schedule 1, which re-enact amendments equivalent
to the latent amendments in section 18(2) and (3) of the Social Security (Exten-
sion of Young Persons Services and Remedial Matters) Amendment Act 2016.)
171A Section 165 is about a young person aged 18 or 19 years who is receiving job-
seeker support in the young person’s own right and who is at significant risk of
long-term welfare dependency. Section 168 is about a young person aged 18 or
19 years who is receiving jobseeker support as the spouse or partner of a person
granted that benefit, or who is a work-tested spouse or partner of a specified
beneficiary, and who is at significant risk of long-term welfare dependency. Sec-
tions 165 and 168 commence on a date appointed under section 2(6)(a). They re-
enact the latent section 171A to be inserted by section 32 of the Social Security
(Extension of Young Persons Services and Remedial Matters) Amendment
Act 2016. (See also sections 2(6)(b) to (e), 155, and 431 and clauses 72 to 74 and
75(1), (3), and (4) of Schedule 1, and sections 5(3), 16, 33, 43(2), and 45 to 47 of
the Social Security (Extension of Young Persons Services and Remedial Matters)
Amendment Act 2016.)
Schedule 9, A person to whom section 30(1)(e) (which relates to having lost the regular sup-
clauses 1(ba) and port of a spouse or partner who is subject to a sentence of imprisonment, etc)
(c), 5A applies is treated as a single beneficiary for the purposes of clauses 1(e) and (f)
and 6 of Part 1 (jobseeker support) of Schedule 4 (rates of benefits) (see also
clause 8 of Schedule 1).
Old law New law—identified change related to regulations
1964 Act 2018 Act
3(1), 61CB, Section 442 provides for regulations about payments. Review or appeal rights
61CC(2), 82(3), under sections 391(1)(a) and 397(1)(a) apply to decisions or determinations
made under regulations made under section 442.

390
2018 No 32 Social Security Act 2018 Schedule 11

Old law New law—identified change related to regulations

(5), (6A), (6AA),
(6AB), (6AC),
(6F), (6G), 83; SR
2007/229 r 5
3(1), 83AA, 85A, Sections 444 and 445 provide for regulations about debts and deductions.
85B, 86, 86AA,
86A–86I, 124(2),
(2A), 125G(3)
10A(1A), (1B), Section 451 provides for regulations about how to apply, and the procedure, for a
(8), (9), 10B(2), review or an appeal.
12I(2), 12K(11);
12L, 12M, 12O,
12OA, 12Q(3),
(4), (6), (7), (8),
(9), (10), 12R
11D; SR 2007/229 Section 438 provides for regulations about the making of, help with, and the
r4 receipt and lapse of, an application for a benefit.
11E, 11G, 11H, Section 432 provides for regulations about factors affecting benefits: pre-benefit
132J activities.
60RAB(1), (3), Section 430 provides for regulations relating to specific obligations: obligations
(4) in relation to dependent children: definitions and attendance.
61D, 61DA, Section 427 provides for regulations about amounts of, and the method or
61DB, 61DC, methods of making payments of, funeral grants (see also section 90).
61DD, 61DE
61IA Section 47B(2) (annual confirmable instruments) and Schedule 2 (confirmable
instruments) of the Legislation Act 2012 do not include mandatory annual CPI
adjustment of rates orders made under section 453 (see also section 454(1))
because the making of these orders is required by law. Section 47B(2) (annual
confirmable instruments) and Schedule 2 (confirmable instruments) of the Legis-
lation Act 2012 also exclude mandatory annual CPI adjustment regulations made
under sections 74(1)(h) and 75 of the Residential Care and Disability Support
Services Act 2018.
66, 66A Section 422 provides for regulations about income exemptions (see also clause 9
of Schedule 3).
68A(5), (7) Section 433 provides for regulations about factors affecting benefits: insurance
recovery.
68A(6), (7), (8) Section 439 provides for regulations about certain benefits granted, or granted at
a rate, not taking into account certain insurance payments (see also section 310).
69C(6), (7) Section 425 provides for regulations about special categories of eligibility for
disability allowance (see also section 85(3)).
74AA, 78(1), 79 Section 421 provides for regulations about meeting, satisfying, or complying
with the residential requirement.
77 Section 436 provides for regulations about factors affecting benefits: absence
from New Zealand. Section 436(2)(a) ensures the regulations can provide for a
beneficiary to notify MSD of the beneficiary’s absence from New Zealand due to
humanitarian reasons as soon as is reasonably practicable, including after return-
ing to New Zealand, and still have a benefit backdated to the start of the absence.
80(5), (8), (10), Section 440 provides for regulations about exemptions from, and the calculation
(13), (14) of, a stand down.
86J Section 449 provides for regulations about ways MSD or a person can meet a
requirement in this Act to give a notice or other document.

391
Schedule 11 Social Security Act 2018 2018 No 32

Old law New law—identified change related to regulations

88F(7), 88H, Section 431 provides for regulations about specific obligations: work-test obliga-
88I(1)–(3), (5)– tions, and deferrals of, or exemptions from, specified obligations. Some of those
(7), 102B(2), regulations deal with matters that, under the old law, were dealt with by the 1964
102C(1), (3)–(6), Act.
102E, 105(3)–(7),
123D
125A Section 373(1)(a)(ii) and (b) require prescription by regulations of only the spe-
cified services in relation to young people, and not also the specified services in
relation to people other than young people. Section 373(1)(b) contemplates the
latter services may, but need not, be prescribed by regulations made under sec-
tion 418(1)(m).
131 (and related Parts 6 and 8 do not re-enact provisions on declarations (and enabling the mak-
regulations made ing of related regulations). See also the consequential repeal (by section 459 and
under 132) Schedule 10) of section 9(a) of the Family Benefits (Home Ownership)
Act 1964.
1990 Act 2018 Act
2(1), 19A(1)–(5), Section 450 provides for regulations about reciprocity agreements with mutual
19B, 19C, assistance provisions, and adverse action if a discrepancy is shown by informa-
19D(3)(c), (d), tion from another country.
(4)–(7)

392
2018 No 32 Social Security Act 2018 Schedule 12

Schedule 12
Comparative tables of old and rewritten provisions
s 10
Note—Provisions shown as omitted have been omitted because they are spent or
redundant.

Part A
Social Security Act 1964: corresponding provisions in this Act or
Residential Care and Disability Support Services Act 2018
Corresponding provision in this Act or
Residential Care and Disability
Provision in Social Security Act 1964 Support Services Act 2018
Title 9
1(1) 1
1(2) 2

Part 1 (purpose, principles, general

definitions, examples, and transitional
and savings provisions relating to
amendments to this Act)
1A 3
1B 4
3 6, 422, Schedule 2, Schedule 3
3B 14
3C 11, Schedule 1

Part 1A (administration: Ministerial

directions, reviews, and appeals)
5 7
10A 391–394, Schedule 7
10B 6, 411–415, Schedule 1, cl 53, Schedule
2, Schedule 9
11 6, Schedule 1, cl 10, Schedule 2,
Schedule 6, cls 2–5
11A Schedule 6, cls 6, 7
11B Schedule 6, cls 8, 10–12
11C Schedule 6, cl 9
11D 297, 438
11E 184, 432

393
Schedule 12 Social Security Act 2018 2018 No 32

Corresponding provision in this Act or

Residential Care and Disability
Provision in Social Security Act 1964 Support Services Act 2018
11F 185
11G 6, 184, 432, Schedule 2
11H 6, 184, 432, Schedule 2
12 292, 298, 301, 302, Schedule 6, cl 1
12A 401, Schedule 8, cl 1
12B 401, Schedule 8, cl 2
12C 401, Schedule 8, cl 3
12D 401, Schedule 8, cl 4
12E 401, Schedule 8, cl 5
12F 401, Schedule 8, cl 6
12G 401, Schedule 8, cl 7
12H 401, Schedule 8, cl 8
12I 401, 407, 451
12J 395–399
12K 392, 394, 400, 401, 403, 407, 451
12L 407, 451
12M 401, 403, 407, 451, Schedule 8, cl 12
12N 401, Schedule 8, cls 9–11
12O 407, 451
12OA 407, 451
12P 404
12Q 405–408, 451
12R 409
12S 410

Part 1B (sole parent support)

20A 30
20B 31
20C 32
20D 29
20E 121, 128, 140
20F Omitted
20G 17, Schedule 4
20H 33

394
2018 No 32 Social Security Act 2018 Schedule 12

Corresponding provision in this Act or

Residential Care and Disability
Provision in Social Security Act 1964 Support Services Act 2018
Part 1C (orphans’ benefits, and
unsupported child’s benefit)
28 43, 44
29 46, 47
29A 17, Schedule 4
31 45, 48

Part 1D (child disability allowance)

39A 78, 79
39B 17, Schedule 4
39C 80, 81
39D 83
39E 82

Part 1E (supported living payment)

40A Omitted
40B 34–36
40C 37
40D 40
40E 41, 42
40F 123, 128
40G 121, 129
40H 123, 128
40HA 128, 130
40I 17, 38, Schedule 4
40J Schedule 4, Part 3, cls 2–4
40K 39

Part 1F (administration: further

conditions of benefits, and obligations
on beneficiaries)
60GAD 221
60GAE 222, 223
60GAF 224
60GAG 106, 170, 171

395
Schedule 12 Social Security Act 2018 2018 No 32

Corresponding provision in this Act or

Residential Care and Disability
Provision in Social Security Act 1964 Support Services Act 2018
60H 6, 225–229, Schedule 2
60P 120
60Q 121–125
60R 106
60RA 128–135
60RAB 6, 132, 137, 169, 430, Schedule 2
60RB 106
60RC 243, 255, 267

Part 1G (emergency benefits)

61 17, 63, Schedule 4
61AA 128
61A 121, 130, 140

Part 1H (administration: maintenance

proceedings, and maintenance payable
to the Crown)
61C 389
61CA Schedule 1, clause 49

Part 1I (epidemics)
61CB 17, 337, 443, Schedule 4
61CC 64, 337, 442
61CD 299
61CE 99
61CF 100

Part 1J (funeral grants)

61D 90
61DA 90, 94
61DB 90, 91, 427
61DC 90, 92, 427
61DD 90, 93, 427
61DE 427

396
2018 No 32 Social Security Act 2018 Schedule 12

Corresponding provision in this Act or

Residential Care and Disability
Provision in Social Security Act 1964 Support Services Act 2018
Part 1K (accommodation supplement)
61DH Omitted
61E 6, 65, 66, 68, 423
61EA 65, 66, 67
61EB 68
61EC 17, 65, 69, 423, Schedule 4

Part 1KA Winter energy payment

61FE 70
61FF 71
61FG 72
61FH 73
61FI 74, 319
61FJ 114, 219, 220

Part 1L (temporary additional

support)
61G 17, 95–98, Schedule 4

Part 1M (childcare assistance)

61GA 17, 76, 77, Schedule 4

Part 1N (administration: rates of

benefits, and other provisions on
monetary benefits)
61H 452, 454
61HA 453, 454
61I 423, 454
61IA 454
62 303
63 8
63A 103
64 Schedule 3, cls 11–14
66 422, Schedule 3, cl 9
66A 422, Schedule 3, cl 9
66B 422, Schedule 3, cl 9

397
Schedule 12 Social Security Act 2018 2018 No 32

Corresponding provision in this Act or

Residential Care and Disability
Provision in Social Security Act 1964 Support Services Act 2018
68 422, Schedule 3, cl 2
68A 6, 186, 310, 433, 439, Schedule 2,
Schedule 3, cls 18–21
69 Omitted (see Schedule 11)

Part 1O (disability provisions)

69C 17, 84–89, 368–371, 425, Schedule 4
69FA Residential Care and Disability Support
Services Act 2018, 59–67, Schedules 1
and 3

Part 1P (administration: overseas

pensions, other conditions of benefits,
reviews, and payments, debts, and
deductions)
69G 173–176
69H 177–180
69I 108
70 187–191, 434
70A 192–194
70B 195, 196
71 197
71A 198, Schedule 1, cl 31
72 18, 199–201
73 203
74 202, 204, Schedule 3, cls 2, 16
74AA 16, 421
74A 19, 205
75 206, 207
75A 208
75B 209–216
76 217, 218
77 114, 219, 436
77A 107
78 421
79 421

398
2018 No 32 Social Security Act 2018 Schedule 12

Corresponding provision in this Act or

Residential Care and Disability
Provision in Social Security Act 1964 Support Services Act 2018
80 311, 313, 314, 315
80AA 317, 318
80A 113
80B 6, Schedule 2
80BA 6, 316, Schedule 2
80BB 440
80BC 440
80BD 325–330
80BE 331–335
80BF 336, 441
80C 230
80D 312
81 75, 304–310
82 110, 337, 338, 339, 340, 346, 347, 348,
368, 371, 442
82A 112
83 337, 442
83AA 359, 360
83A 349–352
84 293, 417
84A 388
85A 353, 444
85B 353, 444
86 353, 354–358, 362, 363, 444
86AA 360, 361
86A 353, 444, 445
86B 353, 444, 445
86C 353, 444, 445
86D 353, 444, 445
86E 353, 444, 445
86F 353, 444, 445
86G 353, 444, 445
86H 353, 444, 445
86I 353, 444, 445
86J 364, 449, 445

399
Schedule 12 Social Security Act 2018 2018 No 32

Corresponding provision in this Act or

Residential Care and Disability
Provision in Social Security Act 1964 Support Services Act 2018
86K Omitted

Part 2 (jobseeker support, and

administration: assessing work ability,
work-testing, and sanctions)
88A 6, Schedule 2
88B 20–24
88C 25
88D 26
88E 27, 28
88F 141
88G 121, 129, 140
88H 155
88I 155
88J 142, 156
88K 156
88L Omitted
88M 17, Schedule 4
100B 116–118
100C 118
100D 106
101 139
102 142, 143
102A 144, 146, 147
102B 147–149
102C 149, 151
102D 257–260
102E 150
104A Omitted
105 157–161, 431
105C 106
111 Omitted
113 252, 253, 256
114 254
116B 119, 126, 136, 153, 154, 161, 233

400
2018 No 32 Social Security Act 2018 Schedule 12

Corresponding provision in this Act or

Residential Care and Disability
Provision in Social Security Act 1964 Support Services Act 2018
116C 249–251
117 236–239, 244, 253
119 240–242
120 245–247
121 248
122 261–263
122A 264–266
123 320–322
123A 323
123B 324
123C 181
123D 157

Part 3 (administration: young persons

services, welfare programmes and
other money payable, preferred
suppliers, contracts with
administration service providers,
artificial limbs, information disclosure,
application of Human Rights Act 1993,
and offences and general penalty)
123E 365
123F Schedule 6, cl 16
123G Omitted
123H Omitted
124 100, 101, 102, 304, 353, 368–370, 444
125AA 366, 367, 372
125A 373
125B 374
125C Schedule 6, cls 19, 20
125D Schedule 6, cls 17, 18
125E 375
125F 376
125G 317, 318, 353, 377, 444
125H Omitted
125I Schedule 6, cl 21

401
Schedule 12 Social Security Act 2018 2018 No 32

Corresponding provision in this Act or

Residential Care and Disability
Provision in Social Security Act 1964 Support Services Act 2018
126 Omitted
126A 6, Schedule 2, Schedule 6, cl 13
126AB Schedule 6, cl 14
126AC Schedule 6, cl 15
126B Omitted
127 290
127A 291
128 295
129 294
131 Omitted

Part 3A (administration: regulations

and rules, annual reports, and repeals
and savings)
132 418
132AA 422
132AB 428
132A 437
132AC 424
132AD 426
132C 419, 434
132D Residential Care and Disability Support
Services Act 2018, 74
132F 429
132G 448
132H Schedule 3, cl 15
132I Schedule 3, cl 17
132J 432
132K 446, 447
132L 435
132M 441
133 Omitted
135 9, 455, 456, Schedule 1

402
2018 No 32 Social Security Act 2018 Schedule 12

Corresponding provision in this Act or

Residential Care and Disability
Provision in Social Security Act 1964 Support Services Act 2018
Part 4 (long-term residential care in
hospital or rest home)
136AA Residential Care and Disability Support
Services Act 2018, 3
136AB Residential Care and Disability Support
Services Act 2018, 4
136 Residential Care and Disability Support
Services Act 2018, 5, 24
137 Residential Care and Disability Support
Services Act 2018, 27–30
138 Residential Care and Disability Support
Services Act 2018, 30, 32
139 Residential Care and Disability Support
Services Act 2018, 15–17
140 Residential Care and Disability Support
Services Act 2018, 18, 19, 56, 58
141 Residential Care and Disability Support
Services Act 2018, 56
142 Residential Care and Disability Support
Services Act 2018, 24, 26, 54, 57
143 Residential Care and Disability Support
Services Act 2018, 22
144 Residential Care and Disability Support
Services Act 2018, 32, 33
145 Residential Care and Disability Support
Services Act 2018, 52
146 Residential Care and Disability Support
Services Act 2018, 34, 35
147 Residential Care and Disability Support
Services Act 2018, 36–38
147A Residential Care and Disability Support
Services Act 2018, 39, 40
148 Residential Care and Disability Support
Services Act 2018, 41, 42
149 Residential Care and Disability Support
Services Act 2018, 43
150 Residential Care and Disability Support
Services Act 2018, 47–51

403
Schedule 12 Social Security Act 2018 2018 No 32

Corresponding provision in this Act or

Residential Care and Disability
Provision in Social Security Act 1964 Support Services Act 2018
151 Residential Care and Disability Support
Services Act 2018, 45
152 Residential Care and Disability Support
Services Act 2018, 53
153 Residential Care and Disability Support
Services Act 2018, 70
154 Residential Care and Disability Support
Services Act 2018, 71
155 Residential Care and Disability Support
Services Act 2018, 74–76

Part 5 (financial support for young

people)
156 Omitted
157 6, 162, Schedule 2
158 49, 50
159 49, 51, 52
160 49
161 53
162 54
163 17, 55, Schedule 4
164 56, 57
165 56, 59
166 56
167 60
168 61
169 17, 62, Schedule 4
170 105, 110, 162, 163, 164, 169
171 166, 167
171A (to be inserted by 2016 No 36 s 32) 165, 168
172 106
173 270, 271
174 280, 281, 282
174A 268, 277, 278
174AB 268, 275, 276
175 272, 273, 274, 283, 284, 285

404
2018 No 32 Social Security Act 2018 Schedule 12

Corresponding provision in this Act or

Residential Care and Disability
Provision in Social Security Act 1964 Support Services Act 2018
176 268, 286, 287, 288
177 282
178 289
179 338, 339, 340, 341, 342, 343, 345
180 344
181 378

Schedule 3 (former widows’ benefits) Schedule 4, Part 10 (former widows’

benefits)
Schedule 3A (sole parent support) Schedule 4, Part 2 (sole parent support)
Schedule 4 (orphans’ benefits and Schedule 4, Part 4 (orphan’s benefit) and
unsupported childs’ benefits) Schedule 4, Part 5 (unsupported child’s
benefit)
Schedule 6 (supported living payment) Schedule 4, Part 3 (supported living
payment)
Schedule 9 (jobseeker support) Schedule 4, Part 1 (jobseeker support)
Schedule 10 (exemption of income from Schedule 3, Part 2 (income)
friendly or like society)
Schedule 12 (increased rate for parent of Omitted (see Schedule 11)
deceased member of armed forces)
Schedule 13 (enactments repealed) Omitted
Schedule 16 (former DPB for solo Schedule 4, Part 11 (former DPB for solo
parents) parents)
Schedule 18 (accommodation Schedule 4, Part 7 (accommodation
supplement) supplement)
Schedule 18A (winter energy payment) Schedule 4, Part 8 (winter energy
payment)
Schedule 19 (child disability allowance Schedule 4, Part 9 (child disability
and disability allowance) allowance and disability allowance)
Schedule 22 (long-term hospital Schedule 4, Part 12 (long-term hospital
patients) patients)
Schedule 26 (youth payment, young Schedule 4, Part 6 (youth payment,
parent payment, incentive payments) young parent payment, incentive
payments)
Schedule 27 (means assessment for Residential Care and Disability Support
long-term residential care) Services Act 2018, Schedule 2 (means
assessment for long-term residential
care)

405
Schedule 12 Social Security Act 2018 2018 No 32

Corresponding provision in this Act or

Residential Care and Disability
Provision in Social Security Act 1964 Support Services Act 2018
Schedule 28 (period of benefit stand 440
down)
Schedule 30 (means assessment for Residential Care and Disability Support
home-based disability support services) Services Act 2018, Schedule 3 (means
assessment for home-based disability
support services)
Schedule 31 (asset and income limits) Schedule 5 (asset and income limits)
Schedule 32 (transitional, savings, and 9, Schedule 1 (transitional, savings, and
related provisions) related provisions)

Part B
Social Welfare (Reciprocity Agreements, and New Zealand Artificial
Limb Service) Act 1990: corresponding provisions in this Act or
Artificial Limb Service Act 2018
Provision in Social Welfare
(Reciprocity Agreements, and New
Zealand Artificial Limb Service) Act
1990 Corresponding provision in this Act
2 382, 383, Schedule 2
19 380, 381
19A 382, 383
19B 383
19C 383, 450
19D 384–386, 450
Provision in Social Welfare
(Reciprocity Agreements, and New
Zealand Artificial Limb Service) Act Corresponding provision in Artificial
1990 Limb Service Act 2018
42 4
43 7, 9
44 8
46 9, 10
48 14
49, Schedule 3, cl 7 11
49, Schedule 3, cl 16 12
49, Schedule 3, cl 22 13

406
2018 No 32 Social Security Act 2018 Schedule 12

51 Omitted

Part C
This Act: corresponding provisions in former enactments
Provision in former enactments (1964
Act, unless otherwise specified),
Provision in this Act or statement that provision is new
1 1(1)
2 1(2)
Part 1 (general provisions)
3 1A
4 1B
5 New
6, Schedule 2 3(1), (5), 10B(5), 11(8), 11G(1), 11H(1),
20A, 39A(1), 60H(1), 60RAB(1) and (4),
61D(1), 61E, 68A(8), 80B, 88A,
126A(1), 157
7 5
8 63
9 New
10 New
11 3C, Schedule 32
12 New (but see s 27ZF, repealed, on 1 July
1992, by 1991 No 143 s 7(1))
13 New
14 3B

Part 2 (assistance)
15 New
16 74AA, 78(1), 79
17 3C, 20G, 29A, 39B, 40I, 61(2), 61CB,
61EC, 61G(3), 61GA(2), 69C, 88M, 163,
169
18 72(a)
19 74A(1)
20 88B(1)–(4)
21 88B(1), (6), (7)
22 88B(1)

407
Schedule 12 Social Security Act 2018 2018 No 32

Provision in former enactments (1964

Act, unless otherwise specified),
Provision in this Act or statement that provision is new
23 88B(2)
24 88B(4), (5)
25 88C
26 88D
27 88E(1)–(3)
28 88E(4), (5)
29 20D
30 20A
31 20B
32 20C
33 20H
34 40B(1)–(1B)
35 40B(1)–(3)
36 40B(5)
37 40C
38 40I(3)–(5)
39 40K
40 40D
41 40E(1)
42 40E(2), (3)
43 28
44 28
45 31
46 29
47 29
48 31
49 158, 159(1), 160
50 158(2)(c)
51 158(2)(e), (3)
52 159(2)
53 161
54 162
55 163(2), (3)
56 164, 165(2), 166

408
2018 No 32 Social Security Act 2018 Schedule 12

Provision in former enactments (1964

Act, unless otherwise specified),
Provision in this Act or statement that provision is new
57 164(2)(c)
58 164(2)(e), (3)
59 165(2), (3)
60 167
61 168
62 169(2), (3)
63 61
64 61CC(1), (3)
65 61EA, 61EC(3)
66 61E(1), 61EA(2)
67 61EA(3), (4)
68 61EB
69 61EC(4), (4A), (5)
70 61FE
71 61FF
72 61FG
73 61FH
74 61FI
75 81(5)
76 61GA(1)
77 61GA(2)
78 39A(3)
79 39A(1), (2)
80 39C(1)
81 39C(2)
82 39E
83 39D
84 69C(8)
85 69C(1), (2), (2A), (8)
86 69C(2B)
87 69C(4)
88 69C(3)
89 69C(5)
90 61D, 61DA, 61DB, 61DC, 61DD

409
Schedule 12 Social Security Act 2018 2018 No 32

Provision in former enactments (1964

Act, unless otherwise specified),
Provision in this Act or statement that provision is new
91 61DB
92 61DC
93 61DD
94 61DA
95 61G(1)
96 61G(2), (3), (4)
97 61G(5), (6)
98 61G(7)
99 61CE
100 61CF, 124(1C)
101 124(1)(d), (1A), (1B)
102 124(1B)
103 63A

Part 3 (obligations)
104 New
105 170(5)
106 60GAG(2), 60R, 60RB, 100D, 105C, 172
107 77A
108 69I
109 New
110 82(7), 170(3), (4)
111 82(7)
112 82A
113 80A
114 61FJ(3), 77(6), (9)
115 New
116 100B(1)
117 100B(2)
118 100B(3), (4), 100C(1), (2)
119 116B(1)(d)
120 60P
121 20E(a), 40G(1), (2)(a), 60Q(1), (1A),
61A(1), 88G(a)
122 60Q(1A)

410
2018 No 32 Social Security Act 2018 Schedule 12

Provision in former enactments (1964

Act, unless otherwise specified),
Provision in this Act or statement that provision is new
123 40F(a), 40H(a), 60Q(1)(bb), (bc), (1B)
124 60Q(2)
125 60Q(3)
126 116B(1)(c)
127 New
128 20E(b), 40F(b), 40H(b), 40HA(a),
60RA(1), 61AA, 88F(8)
129 40G(1), (2)(b), 60RA(1)(b), (2), 88G(b)
130 40HA, 60RA(1)(b), (2), 61A(3)
131 60RA(3)(a)
132 60RA(3)(b), 60RAB(2)
133 60RA(3)(c)
134 60RA(3)(d), (e)
135 60RA(3)(f), (g)
136 116B(1)(b)
137 60RAB(1), (3), (4)
138 New
139 101
140 20E(c), 88F(1), (4), 88G(c), 61A(1),
(1A), (2)(b)
141 88F(2)–(6)
142 88J, 102(2)
143 102(1), (3)
144 102A(1)(a)–(c)
145 3(1)
146 102A(1)(d)–(g), (2)–(5)
147 102A(1A), 102B(1), (3)
148 102B(2)
149 102B(4), (5), 102C(2)
150 102E
151 102C(3)–(5)
152 88A
153 116B(1)(e)–(h)
154 116B(1)(f)–(h)
155 88F(7), 88H, 88I(1)–(3), (5)–(7)

411
Schedule 12 Social Security Act 2018 2018 No 32

Provision in former enactments (1964

Act, unless otherwise specified),
Provision in this Act or statement that provision is new
156 88J, 88K
157 123D
158 105(1), (2), (4), (5), (5A)
159 New
160 105(3), (6), (7)
161 105(5), 116B(1)(i)
162 157, 170(1)(a), (b), (d)–(g)
163 170(4)
164 170(1)(c), (2)
165 171A (to be inserted by 2016 No 36 s 32)
166 170(1)(a), (b), (d)–(g), 171(1), (4)
167 170(1)(a)–(f) and (g)(i), 170(2), 171(2),
(5)
168 171A (to be inserted by 2016 No 36 s 32)
169 60RAB(1), (4), 157
170 60GAG(1)
171 60GAG(3)
172 New
173 69G(1)
174 69G(2)
175 69G(3)
176 69G(4), (5)
177 69H(1), (2)
178 69H(3)
179 69H(4), (5)
180 69H(6)
181 123C
182 New

Part 4 (factors affecting benefits)

183 New
184 11E, 11G, 11H
185 11F
186 68A
187 70(1), (1A), (1B)

412
2018 No 32 Social Security Act 2018 Schedule 12

Provision in former enactments (1964

Act, unless otherwise specified),
Provision in this Act or statement that provision is new
188 70(1)(a)
189 70(1)
190 70(3)–(4)
191 70(1)
192 70A(1), (2), (4)
193 70A(3), (9)
194 70A(5), (6), (8)
195 70B(1), (3), (4)
196 70B(2)
197 71
198 71A(1)–(3)
199 72(b)
200 72(b)
201 72(c)
202 74(1)(e)
203 73
204 74(1)(a) (see also 2001 No 84 s 35(2) and
2014 No 56 s 195(2))
205 74A(1A), (1B)
206 75(2)–(4), (6)
207 75(5), (7)
208 75A
209 75B(1), (6)
210 75B(2)
211 75B(3)
212 75B(3), (4)
213 75B(7)
214 75B(2)
215 75B(8)
216 75B(9), (10)
217 76(1), (5), (6)
218 76(2)–(4)
219 61FJ(3), 77 (see also 2001 No 84 s 35(2)
and 2014 No 56 s 195(2))
220 61FJ(1), (2)

413
Schedule 12 Social Security Act 2018 2018 No 32

Provision in former enactments (1964

Act, unless otherwise specified),
Provision in this Act or statement that provision is new
221 60GAD
222 60GAE(1), (1A), (2), (3A)
223 60GAE(4), (5)
224 60GAF
225 60H(3)
226 60H(2)
227 60H(4), (5)
228 60H(6), (7)
229 60H(1)
230 80C

Part 5 (enforcement: sanctions and

offences)
231 New
232 116B
233 116B
234 117
235 117
236 117(1)(a)
237 117(1)(b)
238 117(1)(c), (2), (3)
239 117(4)
240 119(1)(a), (1A), (3A)
241 119(1A), (1B), (3), (5)
242 119(1)(b)(ii), (2), (4)
243 60RC(2)
244 117(1B), (1C)
245 120(1)
246 120(1A)
247 120(2), (3)
248 121
249 116C(1)
250 116C(2)
251 116C(3)
252 113(1), (2)

414
2018 No 32 Social Security Act 2018 Schedule 12

Provision in former enactments (1964

Act, unless otherwise specified),
Provision in this Act or statement that provision is new
253 113(2A), 117(1AA)
254 114
255 60RC(3)
256 113(3)
257 102D(1)–(4)
258 102D(5), (6)
259 102D(8)
260 102D(7), (9)
261 122(1)
262 122(2)
263 122(3), (5)
264 122A(1), (2), (4)
265 122A(5)
266 122A(3)
267 60RC(4)–(6)
268 176(3)
269 173
270 173(1)(a)
271 173(1)(b), (2)–(5)
272 175(1)
273 175(5)
274 175(6)
275 174AB(1), (2)
276 174AB(3), (4)
277 174A(1), (2)
278 174A(3), (4)
279 New
280 174(1)(a)
281 174(1)(b)
282 174(2)–(5), 177(1), (2)
283 175(2)–(4)
284 175(5)
285 175(6)
286 176(1)

415
Schedule 12 Social Security Act 2018 2018 No 32

Provision in former enactments (1964

Act, unless otherwise specified),
Provision in this Act or statement that provision is new
287 176(2)
288 176(4)
289 178
290 127
291 127A
292 12(3)
293 84(2)
294 129
295 128

Part 7 (administration)
296 New
297 11D
298 12(1), (1A)
299 61CD
300 New
301 12(1)
302 12(1AA)
303 62
304 81(1)(a) and (b), 124(2), (2A)
305 81(1)
306 81(2)
307 81(4)
308 81(3)
309 New
310 68A(6), (7), (8)
311 80(1) (see also 2001 No 84 s 35(2) and
2014 No 56 s 195(2))
312 80D
313 80(2), (3)
314 80(4)
315 80(5), (8), (10), (13), (14)
316 80BA(1), (2), (3), (4), (5)
317 80AA(1), (4), (5), (6), 125G(1)
318 80AA(2), (3), 125G(1)

416
2018 No 32 Social Security Act 2018 Schedule 12

Provision in former enactments (1964

Act, unless otherwise specified),
Provision in this Act or statement that provision is new
319 61FI
320 123(1), (2), (3), (4)
321 123(3A)
322 123(3B)
323 123A
324 123B
325 80BD(1), (2)
326 80BD(3), (4), (5)
327 80BD(6)
328 80BD(6A)
329 80BD(7)
330 80BD(8)
331 80BE(5), (6)
332 80BE(1)
333 80BE(7)
334 80BE(8)
335 80BE(2), (3), (4)
336 80BF(1)
337 3(1), 61CB, 61CC(2), 82(3), (5), (6A),
(6AA), (6AB), (6AC), (6F), (6G), 83; SR
2007/229 r 5
338 82(1), (2A), 179(2), (3)
339 82(3), 179(9)
340 82(4), (7), 179(9)
341 179(4)(a), (5), (6)
342 179(7)
343 179(8)
344 180
345 179(12), (13)
346 82(3A), 132, SR 2007/229 r 6
347 82(6)
348 82(6B)
349 83A(6)
350 83A(1)–(3)
351 83A(4)

417
Schedule 12 Social Security Act 2018 2018 No 32

Provision in former enactments (1964

Act, unless otherwise specified),
Provision in this Act or statement that provision is new
352 83A(5)
353 New
354 86(2), (2C)
355 86(2A)(b)
356 86(2A)(a), (c)
357 86(2B)
358 86(3), (3A)
359 83AA(1), (2), (3)
360 83AA(4), (5), 86AA(2), (3)
361 86AA
362 86(1)
363 86(1B)
364 86J
365 123E(1), (2)
366 125AA(3)
367 125AA(1), (2)
368 69C(7A)–(7BA), 82(6AA)–(6AC),
124(1BA)–(1BBA)
369 69C(7BB), (7BC)
370 69C(7C)
371 69C(7D), 82(4), 124(1BC)
372 125AA(5), (6)
373 125A
374 125B
375 125E
376 125F
377 125G
378 181
379 132, SR 2007/229 r 8
380 Social Welfare (Reciprocity Agreements,
and New Zealand Artificial Limb
Service) Act 1990 (the 1990 Act), 19(1),
(2)
381 1990 Act, 19(2A), (2B)
382 1990 Act, 2(1), 19A(1), 19D(7)

418
2018 No 32 Social Security Act 2018 Schedule 12

Provision in former enactments (1964

Act, unless otherwise specified),
Provision in this Act or statement that provision is new
383 2(1), 19A, 19B, 19C
384 1990 Act, 19D(1), (2)
385 1990 Act, 19D(3)(a), (b), (e)
386 1990 Act, 19D(3)(c), (d), (4), (4A), (4B),
(4C), (5), (6), (7)
387 132, SR 2007/229 r 9
388 84A
389 61C

Part 8 (reviews and appeals)

390 New
391 10A(1), (1A)
392 10A(1B), 12K(11)
393 10A(2)
394 10A(1A), (1B), (8), (9), 12K(11)
395 12J(16)
396 12J(2), (3), (17)
397 12J(1), (4), (5)
398 12J(7)
399 12J(6), (8)–(15)
400 12K(1)–(3), (11)
401 12A–12I, 12K(9), 12M(6)
402 New
403 12K(10), 12M(6)
404 12P
405 12Q(1)
406 12Q(3), (4), (8), (9)
407 12I(2), 12K, 12L, 12M, 12O, 12OA,
12Q(3), (4), (6), (7), (8), (9), (10), 12R
408 12Q(10)
409 12R
410 12S
411 10B(1)
412 10B(2)
413 10B(4)

419
Schedule 12 Social Security Act 2018 2018 No 32

Provision in former enactments (1964

Act, unless otherwise specified),
Provision in this Act or statement that provision is new
414 10B(2)
415 10B(3)

Part 9 (other provisions)

416 New
417 84(1)
418 132
419 11B(5), 123D, 132AB, 132A(1),
132AC(1), 132C(1), 132D, 132F(1)
420 New
421 74AA, 78(1), 79
422 3(1), definition of income,
paragraph (f)(xvii), 3(3), 66, 66A, 66B,
68, 132AA, Schedule 10
423 61E, 61EC(2), 61I(1), (3)
424 132AC
425 69C(6), (7)
426 132AD
427 61D, 61DA, 61DB, 61DC, 61DD, 61DE
428 132AB
429 132F
430 60RAB(1), (3), (4)
431 88F(7), 88H, 88I(1)–(3), (5)–(7),
102B(2), 102C(1), (3)–(6), 102E, 105(3)–
(7), 123D
432 11E, 11G, 11H, 132J
433 68A(5), (7), (8)
434 70(2), 132C
435 132L
436 77
437 132A
438 11D, SR 2007/229 r 4
439 68A(6), (7), (8)
440 80(5), (8), (10), (13), (14), 80BB,
Schedule 28
441 132M

420
2018 No 32 Social Security Act 2018 Schedule 12

Provision in former enactments (1964

Act, unless otherwise specified),
Provision in this Act or statement that provision is new
442 61CC(2), 82(3), (5), (6A), (6AA), (6AB),
(6AC), (6F), (6G), 83, 132, SR 2007/229
r5
443 3(1), 61CB
444 3(1), 83AA, 85A, 85B, 86, 86AA, 86A–
86I, 124(2), (2A), 125G(3)
445 3(1), 86A–86I
446 132K(1)(a)
447 132K(1)(b), (c)
448 132G
449 86J, 2011 No 62 s 211, 2015 No 35 s 4
450 1990 Act, 2(1), 19A(1), (2), (3), (4), (5),
19B, 19C, 19D(3)(c), (d), (4), (4A), (4B),
(4C), (5), (6), (7)
451 1908 No 89 Schedule 2 r 21.14, 1964 No
136 ss 10A(1A), (1B), (8), (9), 10B(2),
12I(2), 12K(11), 12L, 12M, 12O, 12OA,
12Q(3), (4), (6), (7), (8), (9), (10), 12R,
2011 No 81 ss 300, 303, 305, 306, 2013
No 60 s 13
452 61H(1), (1A), (2), (7), Schedule 32, cl
3(6)
453 61HA
454 61H(3)–(6), 61HA(6), 61I(2), 61IA
455 135(1)
456 135(1)
457 135(1)
458 135(1)
459 New

Schedule 1 (transitional, savings, and

related provisions)
All Schedule 32 (transitional and savings
provisions)

421
Schedule 12 Social Security Act 2018 2018 No 32

Provision in former enactments (1964

Act, unless otherwise specified),
Provision in this Act or statement that provision is new
Schedule 2 (dictionary)
All (see also section 6) New, but see also 3(1), 10B(5), 11(8),
11G(1), 11H(1), 20A, 39A(1), 60H(1),
60RAB(1) and (4), 61D(1), 61E, 80B,
88A, 126A, 157

Schedule 3 (income and liabilities)

1 New
2 3(1), definition of income, 68, 74(1)(d),
(2)
3 3(1), definition of income, paragraph (a)
4 3(1), definition of income, paragraph (b),
and definition of income-related purpose
5 3(1), definition of income, paragraph (c)
6 3(1), definition of income, paragraph (d)
7 3(1), definition of income, paragraph (e)
8 3(1), definition of income,
paragraph (f)(i) to (xi), (xiii), (xvi),
(xviii)
9 3(1), definition of income, paragraph
(f)(xii), (xiv), (xv), (xvii), 3(3), 66, 66A,
66B, 68, Schedule 10
10 3(1), definition of income, paragraphs (b)
and (f)(xiv)(C), definition of income-
related insurance payment, 3(4)
11 64(1), (2), (2A)
12 64(1), (2)
13 64(2A), (2B)
14 64(3)
15 132H
16 74(1)(d), (2)
17 132I
18 68A(1)
19 68A(3)
20 68A(2)
21 68A(4)

422
2018 No 32 Social Security Act 2018 Schedule 12

Provision in former enactments (1964

Act, unless otherwise specified),
Provision in this Act or statement that provision is new
Schedule 4 (rates of benefits)
Part 1 (jobseeker support) Schedule 9 (jobseeker support)
Part 2 (sole parent support) Schedule 3A (sole parent support)
Part 3 (supported living payment) Schedule 6 (supported living payment)
Part 4 (orphan’s benefit) Schedule 4 (orphan’s benefits and
unsupported child’s benefits)
Part 5 (unsupported child’s benefit) Schedule 4 (orphan’s benefits and
unsupported child’s benefits)
Part 6 (youth payment, young parent Schedule 26 (youth payment, young
payment, incentive payments) parent payment, incentive payments)
Part 7 (accommodation supplement) Schedule 18 (accommodation
supplement)
Part 8 (winter energy payment) Schedule 18A (winter energy payment)
Part 9 (child disability allowance and Schedule 19 (child disability allowance
disability allowance) and disability allowance)
Part 10 (former widows’ benefits) Schedule 3 (former widows’ benefits)
Part 11 (former DPB for solo parents) Schedule 16 (former DPB for solo
parents)
Part 12 (long-term hospital patients) Schedule 22 (long-term hospital patients)

Schedule 5 (asset and income limits)

All Schedule 31 (asset and income limits)

Schedule 6 (information gathering,

disclosure, and matching)
1 12(2)
2 11(1)
3 11(2)
4 11(4)–(6)
5 11(3)
6 11A(1)–(3), (8), (10)
7 11A(4)–(7), (9)
8 11B(1)–(3)
9 11C
10 11B(4), (5)
11 11B(8)

423
Schedule 12 Social Security Act 2018 2018 No 32

Provision in former enactments (1964

Act, unless otherwise specified),
Provision in this Act or statement that provision is new
12 11B(6), (7)
13 126A
14 126AB
15 126AC
16 123F
17 125D(1)
18 125D(2)–(4)
19 125C(1)
20 125C(2), (3), (5)–(7)
21 125I

Schedule 7 (benefits review committees)

1 10A(2)
2 10A(3)
3 10A(4)
4 10A(5)
5 10A(6)
6 10A(7)

Schedule 8 (appeal authority)

1 12A
2 12B
3 12C
4 12D
5 12E
6 12F
7 12G
8 12H
9 12N(1)–(3)
10 12N(3)
11 12N(4)
12 12M(6)

Schedule 9 (medical board)

1 10B(4), (5)

424
2018 No 32 Social Security Act 2018 Schedule 12

Provision in former enactments (1964

Act, unless otherwise specified),
Provision in this Act or statement that provision is new
2 10A(4)
3 10A(5)
4 10A(6)

Schedule 10 (consequential
amendments)
All New

Schedule 11 (identified changes in

legislation)
All New

Schedule 12 (comparative tables of old

and rewritten provisions)
All New

Legislative history
24 July 2018 Divided from Social Security Legislation Rewrite Bill
(Bill 122–2) as Bill 122–3A
18 September 2018 Third reading
28 September 2018 Royal assent

This Act is administered by the Ministry of Social Development.

Wellington, New Zealand:

Published under the authority of the New Zealand Government—2018

425