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Social Security Act 2018 (Version 56)

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Social Security Act 2018

Public Act 2018 No 32
Date of assent 28 September 2018
Commencement see section 2

Contents
1 Title
2 Commencement
Part 1
General provisions


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


Subpart 1—Introduction
15 What this Part does
16 Residential requirement
17 Rates
18 General limitation on receiving more than 1 benefit
19 General limitation on receiving benefit: persons unlawfully resident or present in New Zealand and persons holding temporary entry class visa
Subpart 2—Jobseeker support
20 Jobseeker support: requirements
21 What is work gap
22 When person is available for work
23 Jobseeker support: age requirement
24 Jobseeker support: no or minimum income
25 Jobseeker support: discretionary grant on ground of hardship
26 Jobseeker support: ineligibility
27 Jobseeker support: on ground of health condition, injury, or disability: application must include certificate
28 Jobseeker support: on ground of health condition, injury, or disability: medical examination
Subpart 3—Sole parent support
29 Sole parent support: requirements
30 What is sole parent requirement
31 When dependent child may be regarded as applicant’s child
32 Sole parent support: situation of split care
33 Expiry of sole parent support, and replacement with jobseeker 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 or total blindness: requirements
35 When person has restricted work capacity
36 Supported living payment: on ground of restricted work capacity or total blindness: ineligibility
37 Supported living payment: on ground of restricted work capacity or total blindness: medical examination
38 Supported living payment: on ground of restricted work capacity or total blindness: payment not apportioned in specified cases
39 Supported living payment: on ground of restricted work capacity: encouraging open employment
Supported living payment on ground of caring for another person
40 Supported living payment: on ground of caring for another person: requirements
41 Supported living payment: on ground of caring for another person: application must include certificate
42 Supported living payment: on ground of caring for another person: medical examination
Subpart 5—Orphan’s benefit
43 Orphan’s benefit: requirements
44 Who is eligible caregiver
45 Orphan’s benefit to be used for benefit of child
Subpart 6—Unsupported child’s benefit
46 Unsupported child’s benefit: requirements
47 Who is eligible caregiver
48 Unsupported child’s benefit to be used for benefit of child
Subpart 7—Youth payment
49 Youth payment: requirements
50 When person is study ready
51 Youth payment: no or minimum income
52 When person has parental support gap
53 Youth payment: discretionary grant on ground of hardship
54 Youth payment: continuation after turning 18 years old
55 Youth payment: incentive payments
Subpart 8—Young parent payment
56 Young parent payment: requirements
57 When person is study ready
58 Young parent payment: no or minimum income
59 When person has parental support gap
60 Young parent payment: discretionary grant on ground of hardship
61 Young parent payment: continuation after turning 20 years old
62 Young parent payment: incentive payments
Subpart 9—Emergency benefit
63 Emergency benefit: discretionary grant on ground of hardship
64 Emergency benefit: grant during epidemic in New Zealand
Subpart 10—Accommodation supplement
65 Accommodation supplement: discretionary grant
66 Social housing exclusion
67 Other funding exclusion
68 Accommodation supplement: special rules for joint tenants who are in relationship
69 Accommodation supplement: refusal, reduction, or cancellation of grant in certain circumstances
Subpart 11—Winter energy payment
70 Winter energy payment: purpose
71 Winter energy payment: interpretation
72 Winter energy payment: requirements
73 Winter energy payment: election not to receive
74 Winter energy payment: instalments, rates, and payment
75 Winter energy payment: termination on review
Subpart 12—Childcare assistance
76 Childcare assistance: purpose
77 Childcare assistance: eligibility
Subpart 13—Child disability allowance
78 Child disability allowance: discretionary grant
79 Meaning of child with a serious disability
80 Child disability allowance: MSD may require medical certificate
81 Child disability allowance: MSD may require medical examination
82 Child disability allowance: payment
83 Child disability allowance: not payable with other assistance or pension
Subpart 14—Disability allowance
84 Meaning of disability
85 Disability allowance: discretionary grant
86 Disability allowance: excluded expenses
87 Disability allowance: refusal, reduction, or cancellation of grant in certain circumstances
88 Disability allowance: medical examination
89 Special disability allowance: entitlement in special circumstances
Subpart 15—Funeral grants
90 Funeral grant: general eligibility and definitions
91 Funeral grant: eligibility if deceased person has dependants
92 Funeral grant: eligibility if deceased person has no dependants
93 Funeral grant: eligibility if deceased person is child
94 Funeral grant: restrictions on payment
Subpart 16—Hardship assistance
95 Temporary additional support: purpose
96 Temporary additional support: requirements
97 Temporary additional support: refusal, reduction, or cancellation of grant in certain circumstances
98 Interpretation
Subpart 17—Special assistance
99 Overseas epidemics affecting visitors to New Zealand: Minister may give overseas epidemic management notice
100 Special assistance for visitors affected by overseas epidemics
101 Approved special assistance programmes
102 Special assistance: status of, and access to, notices
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
Part 3
Obligations


Subpart 1—Introduction
Guide to this Part
104 What this Part does
105 Failure to comply with obligation under this Part
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
Steps to explain overseas absence rules
107 MSD must explain rules relating to absence from New Zealand
Steps to assist compliance with overseas pensions obligations
108 MSD must assist in relation to obtaining overseas pension, etc
Subpart 3—Beneficiaries’ obligations
Beneficiaries: general and specific obligations
109 Outline of beneficiary’s general and specific obligations
110 When obligations apply
General obligations: holding, and giving details of, bank account
111 Beneficiary must hold, and give MSD details of, bank account
General obligations: supplying tax file number
112 Beneficiary must supply tax file number
General obligations: notification of change of circumstances
113 Beneficiary must notify change of circumstances
Specific obligations: notification of absence from New Zealand
114 Obligation to notify absence from New Zealand
Specific obligations: work ability assessment
115 Obligation to undergo work ability assessment
116 Persons subject to work ability assessment
117 Persons not subject to work ability assessment
118 Work ability assessment
119 Person who fails to comply with requirement to undergo work ability assessment is subject to sanction
Specific obligations: work preparation
120 Work-preparation obligations
121 Persons subject to work-preparation obligations
122 Persons not subject to work-preparation obligations
123 Persons subject to work-preparation obligations if sufficient capacity to comply
124 General obligation to take all steps to prepare for employment
125 Work-preparation obligations as required by MSD
126 Person who fails to comply with work-preparation obligation subject to sanction
127 Obligations in relation to dependent children
128 Obligations of beneficiary in relation to dependent children
129 Obligations of spouse or partner of beneficiary in relation to dependent children of beneficiary
130 Obligations of spouse or partner of beneficiary in relation to dependent children of spouse or partner
131 Attendance of dependent child aged 3 to 5 years at early childhood education programme
132 Attendance of dependent child aged 5 or 6 years at early childhood education programme or registered school
133 Attendance of dependent child aged 6 to 15 years at registered school
134 Health care enrolment and compliance with core health checks
135 Interviews and reporting
136 Person who fails to comply with obligations in relation to dependent children is subject to sanction
137 Definitions and attendance: regulations made under section 430
Specific obligations: work-test obligations
138 Work-test obligations
139 Purpose of sections 140 to 154
140 Persons subject to work-test obligations
141 Jobseeker support: work capacity determination and work test
142 Person not subject to work-test obligations
143 Time when work-test obligation applies
144 General obligation to be available for suitable employment, etc
145 Meaning of suitable employment
146 Work-test obligations as required by MSD
147 Obligation to undertake and pass drug test
148 Compliant drug test defined
149 Failing drug test
150 Use of drug test result
151 Costs of drug test
152 Definitions for drug-testing provisions
153 Person who fails to comply with work-test obligations is subject to sanction
154 Deemed failure to comply with work-test obligation
Deferral of work-test obligations
155 Deferral of work-test obligations
156 Effect of deferral of work-test obligations
Exemptions: work-preparation, work-test, and other obligations
157 Regulations may specify categories of exempt persons and grounds for exemption
158 MSD may grant exemption from work-preparation, work-test, or other obligation
159 Donors of qualifying organs exempt from work-preparation, worktest, or other obligation while recuperating
160 Procedure for grant of exemption
161 Person who fails to comply with requirement to attend interview is subject to sanction
Specific obligations: young person granted youth support payment
162 Obligations of young person granted youth support payment
163 When education obligation or training obligation begins for young parent
Specific obligations: social obligations of young person granted young parent payment
164 Obligations of young person granted young parent payment
Specific obligations: young person aged 18 or 19 years who is receiving jobseeker support and who is at significant risk of longterm 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
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
167 Young person aged 16 to 19 years who has dependent child and who is spouse or partner of specified beneficiary
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
169 Interpretation
Specific obligations: obligation to work with contracted service providers
170 Obligation to work with contracted service providers
171 Person who fails to comply with requirement under section 170(2) subject to sanction
General obligations: obligations in relation to overseas pensions
172 Interpretation
173 Applicant for benefit, etc, to take reasonable steps to obtain overseas pension
174 MSD may give notice requiring person to take reasonable steps to obtain overseas pension
175 MSD may give notice requiring person to take reasonable steps to obtain overseas pension for dependant
176 Failure to comply with MSD’s notice given under section 174 or 175
177 Applicant for benefit must provide information as to rate of overseas pension
178 MSD may give notice requiring beneficiary to provide information as to rate of overseas pension
179 Failure to comply with MSD’s notice given under section 178
180 Meaning of rate
Miscellaneous
181 Application of health and safety legislation, etc
182 Obligations suspended where MSD has exercised discretion to pay benefit while beneficiary overseas
Part 4
Factors affecting benefits


Subpart 1—Guide to this Part
183 What this Part does
Subpart 2—Factors affecting benefits
Factors affecting benefits: pre-benefit activities
184 Regulations may prescribe pre-benefit activities
185 MSD must explain requirements
Factors affecting benefits: insurance recovery
186 Benefit may be subject to repayment of insurance payment
Factors reducing benefits: entitlement to overseas pensions
187 Interpretation
188 Persons affected by receipt of overseas pension
189 Benefit of person affected is reduced by amount of overseas pension
190 MSD may enter into arrangement with person affected by receipt of overseas pension
191 Treatment of certain overseas benefits, pensions, and allowances 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 assist child support
193 No reduction in certain cases
194 Additional reduction in certain cases
Factors affecting eligibility for benefit: shared care of dependent child
195 Shared care of dependent child
196 Rules for assessing which parent has greater responsibility for dependent child
Factors reducing benefits: compensation or damages
197 Effect of compensation or damages on application for benefit
198 Loss of earnings compensation under Accident Compensation Act 2001
Factors affecting benefit: veteran’s entitlement
199 Veteran’s entitlement excludes any other benefit
200 Exceptions to rule that veteran’s entitlement excludes any other benefit
Factors affecting benefit: personal benefit excludes benefit on behalf
201 Personal benefit of spouse or partner excludes benefit on behalf of spouse or partner
Factors affecting benefit: maintenance claim
202 MSD may refuse or cancel benefit for failure to take reasonable steps to obtain maintenance
Factors affecting benefit: family protection claim
203 MSD may refuse or cancel benefit if family protection claim not pursued
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
Factors affecting benefit: refugee or protected person status
205 Refugee or protected person status
Factors affecting benefit: hospitalisation
206 Hospitalisation
207 Benefit of spouse or partner increased after 13th week of hospitalisation
Factors affecting benefit: alcohol and drug treatment
208 Beneficiary resident in institution for treatment of alcoholism or 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
210 Beneficiary and offence defined for section 209
211 MSD must give beneficiary notice of unresolved warrant
212 Requirements for unresolved warrant notice
213 Immediate suspension of benefit at request of New Zealand Police
214 Beneficiary and offence defined for section 213
215 MSD must give beneficiary notice of immediate suspension
216 Effect of non-payment or suspension of benefit
Factors affecting benefit: custody in prison or on remand
217 Benefit not payable during custody in prison or on remand
218 Exceptions to rule that benefit not payable during custody in prison or on remand
Factors affecting benefit: absence from New Zealand
219 General rule: benefit not payable while beneficiary absent from New Zealand
220 Special absence rule: winter energy payment
Factors affecting benefit: additional dependent child
221 Purpose of sections 222 to 224
222 Additional dependent child must not be taken into account in certain cases
223 Extended application of additional dependent child rules
224 Limited application of additional dependent child rules
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
226 Persons to whom basic rule applies
227 What happens if basic rule applies
228 MSD’s options in case of misconduct
229 Interpretation
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
Part 5
Enforcement: sanctions and offences


Subpart 1—Guide to this Part
231 What this Part does
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
233 Obligations that carry sanction for failure to comply
Hierarchy of sanctions
234 Hierarchy of sanctions
235 Failure, and first, second, and third failure, defined for obligations other than young person or young parent obligations
236 Sanction for first failure: reduction in main benefit
237 Sanction for second failure: suspension of main benefit
238 Sanction for third failure: cancellation of main benefit
239 Reduction or suspension of reduced benefit
How number of failures is counted
240 Failures that can be counted
241 Meaning of continuous payment
242 Failures that cannot be counted
Special cases: variations on ordinary sanctions rules
243 Exclusion of sanction if failure is subject of prosecution under Education Act 1989
244 Variation for failure to comply with work-test obligation to accept offer of suitable employment
245 Variation for breach of work-test obligation by 1 spouse or partner
246 Variation for breach of work-test obligation by both partners or spouses
247 Variation for suspension or cancellation of benefit or non-entitlement period affecting couple with 1 or more dependent children
248 Variation for suspension or cancellation of main benefit or non-entitlement period affecting sole parent
Good and sufficient reason for non-compliance
249 Good and sufficient reason for non-compliance: default by MSD
250 Good and sufficient reason for failure to comply with drug-testing obligation
251 Good and sufficient reason for failure to supervise dependent child
Procedure for imposing sanction
252 MSD must give notice of sanction
253 Notice relates to single failure
254 How notice of sanction may be given
255 Breach of obligation in relation to dependent children: additional steps before notice may be given
256 When reduction, suspension, or cancellation of benefit takes effect
Evidential drug test
257 Request for evidential drug test if sanction imposed for failing screening drug test
258 Effect of request for evidential drug test
259 Effect of failure of evidential drug test
260 Costs of evidential drug test
Recompliance
261 How person recomplies after failure to comply with obligation
262 Impossibility of remedying failure of work-test obligation
263 How person recomplies after failure to comply with drug-testing obligation
264 Drug testing for purposes of recompliance
265 Failure of drug test for purposes of recompliance constitutes third failure
266 Costs of drug testing for purposes of recompliance
Miscellaneous
267 Case management support for beneficiary in breach of obligation 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 person or young parent obligations
Sanctions: young person obligations
269 Sanction for failure to comply with young person obligation
270 Sanction for first or second failure: suspension of in-hand allowance and incentive payments
271 Sanction for third failure: cancellation of youth payment and incentive payments
272 Effect of cancellation of youth payment on accommodation supplement or temporary additional support
273 Effect of cancellation of youth payment on emergency benefit
274 Effect of cancellation of youth payment on disability allowance or child disability allowance
275 Sanctions for failure by young person required to receive youth services to comply with obligations: money management
276 Sanctions for failure by young person required to receive youth services to comply with obligations: other cases
277 Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations: money management
278 Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations: other cases
Sanctions: young parent obligations
279 Sanction for failure to comply with young parent obligation
280 Sanction for first or second failure: suspension of in-hand allowance and incentive payments
281 Sanction for third failure: cancellation of young parent payment and incentive payments
282 Effect of cancellation of young parent payment
283 Effect of cancellation of young parent payment on accommodation supplement or temporary additional support
284 Effect of cancellation of young parent payment on emergency benefit
285 Effect of cancellation of young parent payment on disability allowance or child disability allowance
How obligation satisfied
286 How young person satisfies obligation after failure to comply
Procedure
287 Procedure for imposing sanctions for failure to comply with young person or young parent obligation
Incentive payments
288 Effect of regrant of youth payment on incentive payment
289 MSD may cancel incentive payment
Subpart 4—Offences
290 Offences: false statements, misleading, or attempting to mislead, to receive or continue to receive benefits
291 Offences: spouse or partner knowingly benefiting from excess amount obtained by beneficiary’s fraud
292 Offence of demanding or accepting fee or other consideration in relation to grant of benefit
293 Offence of demanding or accepting acknowledgement or undertaking
294 General penalty for offences
295 Time for filing charging document
Part 6
Administration


Subpart 1—Guide to this Part
296 What this Part does
Subpart 2—Application, inquiry, and grant
Application
297 Application for benefit: making of, help with, lapse, and deemed receipt
Inquiry
298 MSD must inquire into claim for benefit
299 Exception during epidemic
300 Information gathering, disclosure, and matching
Grant
301 MSD decides whether to grant benefit
302 Immediate provisional grant, and later backdating of other benefit
303 After death of applicant
Subpart 3—Review of entitlement to, or rate of, benefit granted
304 Review of entitlement and rate payable
305 Information for review
306 No entitlement, or entitlement only at different rate
307 Benefit on another eligibility ground more appropriate
308 Another benefit more appropriate
309 Termination of winter energy payment
310 Certain benefits granted, or granted at rate, not taking into account certain insurance payments
Subpart 4—Commencement, stand downs, ending, and expiry and regrant
Commencement of benefits
311 General
312 If applicant paid, but claim fails for, ACC weekly compensation
313 Benefits subject to stand down
314 Work-tested benefit of applicant subject to non-entitlement period
315 Exemptions from stand down, and when certain benefits commence
316 Start and calculation of stand-down period
317 Minister may consent to backdating
318 No consent unless benefit not granted earlier because of error
319 Commencement of winter energy payment
Restoration of entitlement after suspension, reduction, cancellation, or non-entitlement
320 Effect of no longer being subject to work-test or young person obligations
321 Effect of no longer being subject to dependent children obligations
322 Effect of no longer being subject to work-preparation obligations
323 Effect of employment on non-entitlement period
324 Effect of participation in certain activities on non-entitlement period
Ending of benefits
325 General rule if person’s entitlement to benefit ceases
326 After death of beneficiary receiving specified benefit
327 Benefits payable to sole parent who stops caring for dependent child due to sudden and uncontrollable circumstances
328 Supported living payment payable to beneficiary who stops caring for another person
329 If child ceases to be entitled to orphan’s benefit or unsupported child’s benefit
330 Supported living payment on ground of restricted work capacity or total blindness and cancelled on medical grounds
Expiry and regrant of specified benefits
331 Expiry date, and specified benefit, defined
332 General rule
333 Exception for specified benefit expiring in week of or before 26 December
334 Exemptions
335 MSD must notify or advise beneficiary
336 Requirements for regrant
Subpart 5—Payment of benefits, tax on benefits, debts and deductions
Payment of benefits
337 How benefits are paid
338 Weekly instalments
339 Payment generally to, or on account of, beneficiary personally
340 Required manner of payment: general
341 Required manner of payment: money management for certain payments to young people
342 Money management for certain payments to young people: exception if young person meets prescribed criteria for managing own payments
343 Review and appeal of specified determinations made by MSD under regulations
344 Young person beneficiaries may elect money management
345 Credit on payment card, etc, at end of money management
346 Required manner of payment: payment on death of beneficiary
347 Advance payment of instalments of benefit
348 Requirement for beneficiary, spouse or partner, or both, to undertake budgeting activity
Tax on benefits
349 Interpretation
350 MSD may pay tax on income-tested benefit other than by tax deduction from source deduction payment
351 Status of amount for income tax paid by MSD
352 Recovery amount paid in excess of amount properly payable
Debts and deductions
353 Debts and deductions
354 Recovery of penalty from beneficiary who obtains by fraud amount in excess of entitlement
355 Restriction on imposing penalty under section 354: prosecution for offence
356 Restriction on imposing penalty under section 354: notice and period to respond
357 Restriction on recovering penalty under section 354: decision to be final
358 Recovery from spouse or partner who misleads MSD of excess amount beneficiary obtained
359 Recovery from spouse or partner of apportioned excess amount beneficiary obtained by fraud
360 Obtaining amount by fraud: meaning and proof
361 Recovery from spouse or partner of unapportioned excess amount beneficiary obtained by fraud
362 MSD’s duty to recover debts
363 Duty unaffected by law on mistaken payments
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
Young people services
365 Services to encourage young people to move to and remain in education, training, and employment
Goods or services, for beneficiaries or others, supplied by preferred suppliers
366 Preferred suppliers: contracts
367 Preferred suppliers: determinations
368 Preferred suppliers: paying them disability allowance, special assistance, or advance payment
369 Preferred suppliers: paying them disability allowance: exception if total benefit payments less than amount required
370 Preferred suppliers: paying them disability allowance: exception if allowance granted at maximum rate
371 Preferred suppliers: no appeal lies against MSD decisions
372 Preferred suppliers: transitional or savings provisions directions
Administration services provided by contracted service providers
373 Administration service providers: contracts
374 Administration service providers: contents and form of contracts
375 Administration service providers: adoption of existing contracts
376 Administration service providers: MSD to ensure information published
377 Conduct of provider of services in relation to young people to be treated for specified purposes as if MSD’s conduct
378 MSD may assign contracted service provider to young person
Medical services
379 Minister determines rates and conditions of employment and payment
Subpart 7—Reciprocity agreements with other countries
Orders
380 Orders adopting reciprocity agreements
381 Privacy report for orders adopting agreements with mutual assistance provisions
382 Interpretation
Agreements
383 Inclusion of mutual assistance provisions in reciprocity agreements
Debt recovery and information exchange
384 MSD may use mutual assistance provisions to recover debts
385 MSD may use mutual assistance provisions to exchange information
Adverse action arising from discrepancy
386 Adverse action against individual if discrepancy shown by information from other country
Subpart 8—Prosecutions and debt-recovery proceedings, and maintenance proceedings
387 Prosecutions and debt recovery proceedings: representation and fees
388 Payment of benefit does not affect right to maintenance
389 Maintenance proceedings
Part 7
Reviews and appeals


Subpart 1—Guide to this Part
390 What this Part does
Subpart 2—Reviews by benefits review committee
Rights of review
391 Right to seek review of specified decision of MSD made under delegation
392 Application must be made within 3 months after date of notification or further period allowed
Committee
393 Benefits review committee
Procedure
394 How to begin, and procedure and powers for, review by benefits review committee
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
396 Authority cannot hear and determine certain appeals on medical or capacity grounds
Rights of appeal
397 Decision under specified social assistance enactments
398 Decision under reciprocity agreements
399 Decision to recover excess amount
400 Appeal must be begun within 60 working days of notification or further allowed period
Appeal authority
401 Social security appeal authority
402 Act does not affect appeals to authority under other enactments
Procedure
403 How to begin, and procedure and powers for, appeal to authority
404 Notice, and carrying into effect, of decision
Subpart 4—Appeals to courts
Appeals to High Court
405 Right of appeal using case stated on question of law only
406 Appeal must be begun, and case stated lodged, within time prescribed or allowed
407 How to begin, and procedure for, appeal to High Court
408 Orders, etc, on successful appeal
Appeals to Court of Appeal
409 Appeal, with Court of Appeal’s leave, against High Court’s determination
Appeals to Supreme Court
410 Appeal, with Supreme Court’s leave, against High Court’s or Court of Appeal’s determination
Subpart 5—Appeals to medical board
Right of appeal
411 Right of appeal on medical grounds
412 Appeal must be begun within 3 months of notification or further allowed period
Board
413 Board
Procedure
414 How to apply, and procedure and powers, for appeal to board
415 Notice of, and carrying into effect, board’s decision
Part 8
Other provisions


Guide to this Part
416 What this Part does
Benefits to be inalienable
417 Benefits cannot, in general, be assigned or charged, or pass by operation of law
Regulations
418 Regulations: general
419 Regulations: general powers not limited by special powers
420 Regulations: effect of duties or powers to give directions
421 Regulations: residential requirement
422 Regulations: income exemptions
423 Regulations: accommodation supplement
424 Regulations: childcare assistance
425 Regulations: disability allowance: special categories of eligibility
426 Regulations: use of disability allowance to fund specified expenses
427 Regulations: funeral grants: amounts and methods of payment
428 Regulations: temporary additional support
429 Regulations: participation allowance for people participating in activities
430 Regulations: specific obligations: obligations in relation to dependent children: definitions and attendance
431 Regulations: specific obligations: work-test obligations, and deferrals of, or exemptions from, specified obligations
432 Regulations: factors affecting benefits: pre-benefit activities
433 Regulations: factors affecting benefits: insurance recovery
434 Regulations: factors affecting benefits: overseas pensions
435 Regulations: factors affecting benefits: issue of warrant to arrest beneficiary
436 Regulations: factors affecting benefits: absence from New Zealand
437 Regulations: issue and use of entitlement cards
438 Regulations: application for benefit: making of, help with, lapse, and deemed receipt
439 Regulations: certain benefits granted, or granted at rate, not taking into account certain insurance payments
440 Regulations: exemptions from, and calculation of, stand down
441 Regulations: expiry and regrant of specified benefits
442 Regulations: payments
443 Regulations: payments during epidemic in New Zealand
444 Regulations: debts and deductions
445 Regulations: further provisions on deductions
446 Regulations: advance payment of instalments of benefit
447 Regulations: budgeting activities due to application for advance payment of instalments of benefit
448 Regulations: remittance or suspension of debt
449 Regulations: ways MSD or person can meet requirement to give notice or other document
450 Regulations: reciprocity agreements with mutual assistance provisions, and adverse action if discrepancy shown by information from other country
451 Regulations: how to begin, and procedure and powers for, review or appeal
Orders adjusting rates of benefits, etc
452 Orders in Council: discretionary increases in rates of benefits, etc
453 Orders in Council: mandatory annual CPI adjustment of rates of certain benefits that are not main benefits
Confirmable instruments
454 Certain orders are confirmable instruments
Repeals and revocations
455 Social Security Act 1964 repealed
456 Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 repealed
457 Department of Social Welfare Act 1971 repealed
458 Employment Services and Income Support (Integrated Administration) Act 1998 repealed
Consequential amendments
459 Other enactments amended consequentially
Schedule 1
Transitional, savings, and related provisions


Schedule 2
Dictionary


Schedule 3
Income and liabilities


Schedule 4
Rates of benefits


Schedule 5
Asset and income limits


Schedule 6
Information gathering, disclosure, and matching


Schedule 7
Benefits review committees


Schedule 8
Appeal authority


Schedule 9
Medical board


Schedule 10
Consequential amendments


Schedule 11
Identified changes in legislation


Schedule 12
Comparative tables of old and rewritten provisions


The Parliament of New Zealand enacts as follows:

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