Social Security Act 2018

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Version as at 12 April 2022

Social Security Act 2018

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

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Social Development.

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 [Repealed]
	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
	Specific obligations: social obligations in relation to dependent children
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, work-test, 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 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
	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 [Repealed]
192	MSD must reduce rates of benefits for sole parents for failure to assist child support [Repealed]
193	No reduction in certain cases [Repealed]
194	Additional reduction in certain cases [Repealed]
	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 [Repealed]
221	Purpose of sections 222 to 224 [Repealed]
222	Additional dependent child must not be taken into account in certain cases [Repealed]
223	Extended application of additional dependent child rules [Repealed]
224	Limited application of additional dependent child rules [Repealed]
	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 and Training Act 2020
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 main 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
452A	Orders in Council: mandatory annual average weekly earnings adjustment of rates of main benefits
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 [Repealed]
	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
	Notes

The Parliament of New Zealand enacts as follows:

New Zealand Legislation

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Social Security Act 2018

Social Security Act 2018

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