Social Security Bill

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Hon Carmel Sepuloni

Social Security Bill

Government Bill

122—3A

	Bill note
	Key
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
31A	Sole parent support: situation of split care
32	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
33	Supported living payment: on ground of restricted work capacity or total blindness: requirements
34	When person has restricted work capacity
35	Supported living payment: on ground of restricted work capacity or total blindness: ineligibility
36	Supported living payment: on ground of restricted work capacity or total blindness: medical examination
37	Supported living payment: on ground of restricted work capacity or total blindness: payment not apportioned in specified cases
38	Supported living payment: on ground of restricted work capacity: encouraging open employment
	Supported living payment on ground of caring for another person
39	Supported living payment: on ground of caring for another person: requirements
40	Supported living payment: on ground of caring for another person: application must include certificate
41	Supported living payment: on ground of caring for another person: medical examination
	~~Subpart 5~~—~~Supported child’s payment~~
42	~~Supported child’s payment: requirements~~
43	~~Who is eligible caregiver~~
44	~~Supported child’s payment to be used for benefit of child~~
	Subpart 5—Orphan’s benefit
42	Orphan’s benefit: requirements
43	Who is eligible caregiver
44	Orphan’s benefit to be used for benefit of child
	Subpart 5A—Unsupported child’s benefit
44A	Unsupported child’s benefit: requirements
44B	Who is eligible caregiver
44C	Unsupported child’s benefit to be used for benefit of child
	Subpart 6—Youth payment
45	Youth payment: requirements
46	When person is study ready
47	Youth payment: no or minimum income
48	When person has parental support gap
49	Youth payment: discretionary grant on ground of hardship
50	Youth payment: continuation after turning 18 years old
51	Youth payment: incentive payments
	Subpart 7—Young parent payment
52	Young parent payment: requirements
53	When person is study ready
54	Young parent payment: no or minimum income
55	When person has parental support gap
56	Young parent payment: discretionary grant on ground of hardship
57	Young parent payment: continuation after turning 20 years old
58	Young parent payment: incentive payments
	Subpart 8—~~Exceptional circumstances~~ Emergency benefit
59	~~Exceptional circumstances~~ Emergency benefit: discretionary grant on ground of hardship
60	~~Exceptional circumstances~~ Emergency benefit: grant during epidemic in New Zealand
	Subpart 9—Accommodation supplement
61	Accommodation supplement: discretionary grant
62	Social housing exclusion
63	Other funding exclusion
64	Accommodation supplement: special rules for joint tenants who are in relationship
65	Accommodation supplement: refusal, reduction, or cancellation of grant in certain circumstances
	Subpart 9A—Winter energy payment
65A	Winter energy payment: purpose
65B	Winter energy payment: interpretation
65C	Winter energy payment: requirements
65D	Winter energy payment: election not to receive
65E	Winter energy payment: instalments, rates, and payment
65F	Winter energy payment: termination on review
	Subpart 10—Childcare assistance
66	Childcare assistance: purpose
67	Childcare assistance: eligibility
	Subpart 11—Child disability allowance
68	Child disability allowance: discretionary grant
69	Meaning of child with a serious disability
70	Child disability allowance: MSD may require medical certificate
71	Child disability allowance: MSD may require medical examination
72	Child disability allowance: payment
73	Child disability allowance: not payable with other assistance or pension
	Subpart 12—Disability allowance
74	Meaning of disability
75	Disability allowance: discretionary grant
76	Disability allowance: excluded expenses
77	Disability allowance: refusal, reduction, or cancellation of grant in certain circumstances
78	Disability allowance: medical examination
79	Special disability allowance: entitlement in special circumstances
	Subpart 13—Funeral grants
80	Funeral grant: general eligibility and definitions
80A	Funeral grant: eligibility if deceased person has dependants
80B	Funeral grant: eligibility if deceased person has no dependants
80C	Funeral grant: eligibility if deceased person is child
80D	Funeral grant: restrictions on payment
	Subpart 14—Hardship assistance
81	Temporary additional support: purpose
82	Temporary additional support: requirements
83	Temporary additional support: refusal, reduction, or cancellation of grant in certain circumstances
84	Interpretation
	Subpart 15—Special assistance
85	Overseas epidemics affecting visitors to New Zealand: Minister may give overseas epidemic management notice
86	Special assistance for visitors affected by overseas epidemics
87	Approved special assistance programmes
88	Special assistance: status of, and access to, notices
	Subpart 16—Extended payment of benefits for children aged 18 years or over who continue education
89	Provisions relating to children aged 18 years or over who continue education
	Part 3 Obligations
	Subpart 1—Introduction
	Guide to this Part
90	What this Part does
91	Failure to comply with obligation under this Part
	Subpart 2—MSD’s obligations
	Steps to make people affected aware of their obligations, etc
92	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
93	MSD must explain rules relating to absence from New Zealand
	Steps to assist compliance with overseas pensions obligations
94	MSD must assist in relation to obtaining overseas pension, etc
	Subpart 3—Beneficiaries’ obligations
	Beneficiaries: general and specific obligations
95	Outline of beneficiary’s general and specific obligations
96	When obligations apply
	General obligations: holding, and giving details of, bank account
97	Beneficiary must hold, and give MSD details of, bank account
	General obligations: supplying tax file number
98	Beneficiary must supply tax file number
	General obligations: notification of change of circumstances
99	Beneficiary must notify change of circumstances
	Specific obligations: notification of absence from New Zealand
100	Obligation to notify absence from New Zealand
	Specific obligations: work ability assessment
101	Obligation to undergo work ability assessment
102	Persons subject to work ability assessment
103	Persons not subject to work ability assessment
104	Work ability assessment
105	Person who fails to comply with requirement to undergo work ability assessment is subject to sanction
	Specific obligations: work preparation
106	Work-preparation obligations
107	Persons subject to work-preparation obligations
108	Persons not subject to work-preparation obligations
109	Persons subject to work-preparation obligations if sufficient capacity to comply
110	General obligation to take all steps to prepare for employment
111	Work-preparation obligations as required by MSD
112	Person who fails to comply with work-preparation obligation subject to sanction
	Specific obligations: social obligations in relation to dependent children
113	Obligations in relation to dependent children
114	Obligations of beneficiary in relation to dependent children
115	Obligations of spouse or partner of beneficiary in relation to dependent children of beneficiary
116	Obligations of spouse or partner of beneficiary in relation to dependent children of spouse or partner
117	Attendance of dependent child aged 3 to 5 years at early childhood education programme
118	Attendance of dependent child aged 5 or 6 years at early childhood education programme or registered school
119	Attendance of dependent child aged 6 to 15 years at registered school
120	Health care enrolment and compliance with core health checks
121	Interviews and reporting
122	Person who fails to comply with obligations in relation to dependent children is subject to sanction
123	Definitions and attendance: regulations made under section 409
	Specific obligations: work-test obligations
124	Work-test obligations
125	Purpose of sections 126 to 140
126	Persons subject to work-test obligations
127	Jobseeker support: work capacity determination and work test
128	Person not subject to work-test obligations
129	Time when work-test obligation applies
130	General obligation to be available for suitable employment, etc
131	Meaning of suitable employment
132	Work-test obligations as required by MSD
133	Obligation to undertake and pass drug test
134	Compliant drug test defined
135	Failing drug test
136	Use of drug test result
137	Costs of drug test
138	Definitions for drug-testing provisions
139	Person who fails to comply with work-test obligations is subject to sanction
140	Deemed failure to comply with work-test obligation
	Deferral of work-test obligations
141	Deferral of work-test obligations
142	Effect of deferral of work-test obligations
	Exemptions: work preparation, work test, and other obligations
143	Regulations may specify categories of exempt persons and grounds for exemption
144	MSD may grant exemption from ~~work preparation, work test,~~work-preparation, work-test, or other obligation
144A	Donors of qualifying organs exempt from work-preparation, work-test, or other obligation while recuperating
145	Procedure for grant of exemption
146	Person who fails to comply with requirement to attend interview is subject to sanction
	Specific obligations: young person granted youth support payment
147	Obligations of young person granted youth support payment
148	When education obligation or training obligation begins for young parent
	Specific obligations: social obligations of young person granted young parent payment
149	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
150	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
151	Young person aged 16 or 17 years who has no dependent child and who is spouse or partner of specified beneficiary
152	Young person aged 16 to 19 years who has dependent child and who is spouse or partner of specified beneficiary
153	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
154	Interpretation
	Specific obligations: obligation to work with contracted service providers
155	Obligation to work with contracted service providers
156	Person who fails to comply with requirement under section 155(2) subject to sanction
	General obligations: obligations in relation to overseas pensions
157	Interpretation
158	Applicant for benefit, etc, to take reasonable steps to obtain overseas pension
159	MSD may give notice requiring person to take reasonable steps to obtain overseas pension
160	MSD may give notice requiring person to take reasonable steps to obtain overseas pension for dependant
161	Failure to comply with MSD’s notice given under section 163 or 164
162	Applicant for benefit must provide information as to rate of overseas pension
163	MSD may give notice requiring beneficiary to provide information as to rate of overseas pension
164	Failure to comply with MSD’s notice given under section 163
165	Meaning of rate
	Miscellaneous
166	Application of health and safety legislation, etc
167	Obligations suspended where MSD has exercised discretion to pay benefit while beneficiary overseas
	Part 4 Factors affecting benefits
	Subpart 1—Guide to this Part
168	What this Part does
	Subpart 2—Factors affecting benefits
	Factors affecting benefits: pre-benefit activities
169	Regulations may prescribe pre-benefit activities
170	MSD must explain requirements
	Factors affecting benefits: insurance recovery
171	Benefit may be subject to repayment of insurance payment
	Factors reducing benefits: entitlement to overseas pensions
172	Interpretation
173	Persons affected by receipt of overseas pension
174	Benefit of person affected is reduced by amount of overseas pension
175	MSD may enter into arrangement with person affected by receipt of overseas pension
175A	Treatment of certain overseas benefits, pensions, and allowances that are not overseas pensions
	Factors reducing benefits: failure to assist child support
176	MSD must reduce rates of benefits for sole parents for failure to assist child support
177	No reduction in certain cases
178	Additional reduction in certain cases
	Factors affecting eligibility for benefit: shared care of dependent child
179	Shared care of dependent child
180	Rules for assessing which parent has greater responsibility for dependent child
	Factors reducing benefits: compensation or damages
181	Effect of compensation or damages on application for benefit
182	Loss of earnings compensation under Accident Compensation Act 2001
	Factors affecting benefit: veteran’s entitlement
183	Veteran’s entitlement excludes any other benefit
184	Exceptions to rule that veteran’s entitlement excludes any other benefit
	Factors affecting benefit: personal benefit excludes benefit on behalf
185	Personal benefit of spouse or partner excludes benefit on behalf of spouse or partner
	Factors affecting benefit: maintenance claim
186	MSD may refuse or cancel benefit for failure to take reasonable steps to obtain maintenance
	Factors affecting benefit: family protection claim
187	MSD may refuse or cancel benefit if family protection claim not pursued
	Factors affecting benefit: person not ordinarily resident in New Zealand
188	MSD may refuse or cancel benefit if person not ordinarily resident in New Zealand
	Factors affecting benefit: refugee or protected person status
189	Refugee or protected person status
	Factors affecting benefit: hospitalisation
190	Hospitalisation
191	Benefit of spouse or partner increased after 13th week of hospitalisation
	Factors affecting benefit: alcohol and drug treatment
192	Beneficiary resident in institution for treatment of alcoholism or drug addiction
	Factors affecting benefit: issue of warrant for beneficiary’s arrest
193	Benefit not payable to person who is subject to warrant of arrest
194	Beneficiary and offence defined for section 193
195	MSD must give beneficiary notice of unresolved warrant
196	Requirements for unresolved warrant notice
197	Immediate suspension of benefit at request of New Zealand Police
198	Beneficiary and offence defined for section 197
199	MSD must give beneficiary notice of immediate suspension
200	Effect of non-payment or suspension of benefit
	Factors affecting benefit: custody in prison or on remand
201	Benefit not payable during custody in prison or on remand
202	Exceptions to rule that benefit not payable during custody in prison or on remand
	Factors affecting benefit: absence from New Zealand
203	General rule: benefit not payable while beneficiary absent from New Zealand
203A	Special absence rule: winter energy payment
	Factors affecting benefit: additional dependent child
204	Purpose of sections 205 to 207
205	Additional dependent child must not be taken into account in certain cases
206	Extended application of additional dependent child rules
207	Limited application of additional dependent child rules
	Factors affecting benefit: voluntary unemployment or loss of employment through misconduct, etc
208	Basic rule: no work-tested benefit for 13 weeks after leaving employment or scheme or loss of employment due to misconduct
209	Persons to whom basic rule applies
210	What happens if basic rule applies
211	MSD’s options in case of misconduct
212	Interpretation
	Factors affecting benefits: non-entitlement period, stand down, or 100% suspension of benefit
213	How non-entitlement period, etc, affects supplementary benefits, and spouse or partner
	Part 5 Enforcement: sanctions and offences
	Subpart 1—Guide to this Part
214	What this Part does
	Subpart 2—Sanctions for breach of obligations other than young person or young parent obligations
	Types of sanction
215	Sanctions for failure to comply with certain obligations under this Act
216	Obligations that carry sanction for failure to comply
	Hierarchy of sanctions
217	Hierarchy of sanctions
218	Failure, and first, second, and third failure, defined for obligations other than young person or young parent obligations
219	Sanction for first failure: reduction in main benefit
220	Sanction for second failure: suspension of main benefit
221	Sanction for third failure: cancellation of main benefit
222	Reduction or suspension of reduced benefit
	How number of failures is counted
223	Failures that can be counted
224	Meaning of continuous payment
225	Failures that cannot be counted
	Special cases: variations on ordinary sanctions rules
226	Exclusion of sanction if failure is subject of prosecution under Education Act 1989
227	Variation for failure to comply with work-test obligation to accept offer of suitable employment
228	Variation for breach of work-test obligation by 1 spouse or partner
229	Variation for breach of work-test obligation by both partners or spouses
230	Variation for suspension or cancellation of benefit or non-entitlement period affecting couple with 1 or more dependent children
231	Variation for suspension or cancellation of main benefit or non-entitlement period affecting sole parent
	Good and sufficient reason for non-compliance
232	Good and sufficient reason for non-compliance: default by MSD
233	Good and sufficient reason for failure to comply with drug-testing obligation
234	Good and sufficient reason for failure to supervise dependent child
	Procedure for imposing sanction
235	MSD must give notice of sanction
236	Notice relates to single failure
237	How notice of sanction may be given
238	Breach of obligation in relation to dependent children: additional steps before notice may be given
239	When reduction, suspension, or cancellation of benefit takes effect
	Evidential drug test
240	Request for evidential drug test if sanction imposed for failing screening drug test
241	Effect of request for evidential drug test
242	Effect of failure of evidential drug test
243	Costs of evidential drug test
	Recompliance
244	How person recomplies after failure to comply with obligation
245	Impossibility of remedying failure of work-test obligation
246	How person recomplies after failure to comply with drug-testing obligation
247	Drug testing for purposes of recompliance
248	Failure of drug test for purposes of recompliance constitutes third failure
249	Costs of drug testing for purposes of recompliance
	Miscellaneous
250	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
251	Failure, and first, second, and third failure, defined for young person or young parent obligations
	Sanctions: young person obligations
252	Sanction for failure to comply with young person obligation
253	Sanction for first or second failure: suspension of in-hand allowance and incentive payments
254	Sanction for third failure: cancellation of youth payment and incentive payments
255	Effect of cancellation of youth payment on accommodation supplement or temporary additional support
256	Effect of cancellation of youth payment on ~~exceptional circumstances~~ emergency benefit
257	Effect of cancellation of youth payment on disability allowance or child disability allowance
258	Sanctions for failure by young person required to receive youth services to comply with obligations: money management
259	Sanctions for failure by young person required to receive youth services to comply with obligations: other cases
259A	Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations: money management
259B	Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations: other cases
	Sanctions: young parent obligations
260	Sanction for failure to comply with young parent obligation
261	Sanction for first or second failure: suspension of in-hand allowance and incentive payments
262	Sanction for third failure: cancellation of young parent payment and incentive payments
263	Effect of cancellation of young parent payment
264	Effect of cancellation of young parent payment on accommodation supplement or temporary additional support
265	Effect of cancellation of young parent payment on ~~exceptional circumstances~~ emergency benefit
266	Effect of cancellation of young parent payment on disability allowance or child disability allowance
	How obligation satisfied
267	How young person satisfies obligation after failure to comply
	Procedure
268	Procedure for imposing sanctions for failure to comply with young person or young parent obligation
	Incentive payments
269	Effect of regrant of youth payment on incentive payment
270	MSD may cancel incentive payment
	Subpart 4—Offences
271	Offences: false statements, misleading, or attempting to mislead, to receive or continue to receive benefits
272	Offences: spouse or partner knowingly benefiting from excess amount obtained by beneficiary’s fraud
273	Offence of demanding or accepting fee or other consideration in relation to grant of benefit
274	Offence of demanding or accepting acknowledgement or undertaking
275	General penalty for offences
276	Time for filing charging document
	Part 6 Administration
	Subpart 1—Guide to this Part
277	What this Part does
	Subpart 2—Application, inquiry, and grant
	Application
278	Application for benefit: making of, help with, lapse, and deemed receipt
	Inquiry
279	MSD must inquire into claim for benefit
280	Exception during epidemic
281	Information gathering, disclosure, and matching
	Grant
282	MSD decides whether to grant benefit
283	Immediate provisional grant, and later backdating of other benefit
284	After death of applicant
	Subpart 3—Review of entitlement to, or rate of, benefit granted
285	Review of entitlement and rate payable
286	Information for review
287	No entitlement, or entitlement only at different rate
288	Benefit on another eligibility ground more appropriate
289	Another benefit more appropriate
289A	Termination of winter energy payment
290	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
291	General
292	If applicant paid, but claim fails for, ACC weekly compensation
293	Benefits subject to stand down
294	Work-tested benefit of applicant subject to non-entitlement period
295	Exemptions from stand down, and when certain benefits commence
296	Start and calculation of stand-down period
297	Minister may consent to backdating
298	No consent unless benefit not granted earlier because of error
298A	Commencement of winter energy payment
	Restoration of entitlement after suspension, reduction, cancellation, or non-entitlement
299	Effect of no longer being subject to work test or young person obligations
300	Effect of no longer being subject to dependent children obligations
301	Effect of no longer being subject to work-preparation obligations
302	Effect of employment on non-entitlement period
303	Effect of participation in certain activities on non-entitlement period
	Ending of benefits
304	General rule if person’s entitlement to benefit ceases
305	After death of beneficiary receiving specified benefit
306	Benefits payable to sole parent who stops caring for dependent child due to sudden and uncontrollable circumstances
307	Supported living payment payable to beneficiary who stops caring for another person
308	If child ceases to be entitled to ~~supported child’s payment~~orphan’s benefit or unsupported child’s benefit
309	Supported living payment on ground of restricted work capacity or total blindness and cancelled on medical grounds
	Expiry and regrant of specified benefits
310	Expiry date, and specified benefit, defined
311	General rule
312	Exception for specified benefit expiring in week of or before 26 December
313	Exemptions
314	MSD must notify or advise beneficiary
315	Requirements for regrant
	Subpart 5—Payment of benefits, tax on benefits, debts and deductions
	Payment of benefits
316	How benefits are paid
317	Weekly instalments
318	Payment generally to, or on account of, beneficiary personally
319	Required manner of payment: general
320	Required manner of payment: money management for certain payments to young people
322	Money management for certain payments to young people: exception if young person meets prescribed criteria for managing own payments
323	Review and appeal of specified determinations made by MSD under regulations
324	Young person beneficiaries may elect money management
324A	Credit on payment card, etc, at end of money management
325	Required manner of payment: payment on death of beneficiary
326	Advance payment of instalments of benefit
327	Requirement for beneficiary, spouse or partner, or both, to undertake budgeting activity
	Tax on benefits
328	Interpretation
329	MSD may pay tax on income-tested benefit other than by tax deduction from source deduction payment
330	Status of amount for income tax paid by MSD
331	Recovery amount paid in excess of amount properly payable
	Debts and deductions
332	Debts and deductions
333	Recovery of penalty from beneficiary who obtains by fraud amount in excess of entitlement
334	Restriction on imposing penalty under section 333: prosecution for offence
335	Restriction on imposing penalty under section 333: notice and period to respond
336	Restriction on recovering penalty under section 333: decision to be final
337	Recovery from spouse or partner who misleads MSD of excess amount beneficiary obtained
338	Recovery from spouse or partner of apportioned excess amount beneficiary obtained by fraud
339	Obtaining amount by fraud: meaning and proof
340	Recovery from spouse or partner of unapportioned excess amount beneficiary obtained by fraud
341	MSD’s duty to recover debts
342	Duty unaffected by law on mistaken payments
	Subpart 6—Notices and communications, services, and preferred suppliers
	Notices and communications
343	Ways MSD or person can meet requirement to give notice or other document
	Young people services
344	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
345	Preferred suppliers: contracts
346	Preferred suppliers: determinations
347	Preferred suppliers: paying them disability allowance, special assistance, or advance payment
348	Preferred suppliers: paying them disability allowance: exception if total benefit payments less than amount required
349	Preferred suppliers: paying them disability allowance: exception if allowance granted at maximum rate
350	Preferred suppliers: no appeal lies against MSD decisions
351	Preferred suppliers: transitional or savings provisions directions
	Administration services provided by contracted service providers
352	Administration service providers: contracts
353	Administration service providers: contents and form of contracts
354	Administration service providers: adoption of existing contracts
355	Administration service providers: MSD to ensure information published
356	Conduct of provider of services in relation to young people to be treated for specified purposes as if MSD’s conduct
357	MSD may assign contracted service provider to young person
	Medical services
358	Minister determines rates and conditions of employment and payment
	Subpart 7—Reciprocity agreements with other countries
	Orders
359	Orders adopting reciprocity agreements
360	Privacy report for orders adopting agreements with mutual assistance provisions
361	Interpretation
	Agreements
362	Inclusion of mutual assistance provisions in reciprocity agreements
	Debt recovery and information exchange
363	MSD may use mutual assistance provisions to recover debts
364	MSD may use mutual assistance provisions to exchange information
	Adverse action arising from discrepancy
365	Adverse action against individual if discrepancy shown by information from other country
	Subpart 8—Prosecutions and debt-recovery proceedings, and maintenance proceedings
366	Prosecutions and debt recovery proceedings: representation and fees
367	Payment of benefit does not affect right to maintenance
368	Maintenance proceedings
	Part 7 Reviews and appeals
	Subpart 1—Guide to this Part
369	What this Part does
	Subpart 2—Reviews by benefits review committee
	Rights of review
370	Right to seek review of specified decision of MSD made under delegation
371	Application must be made within 3 months after date of notification or further period allowed
	Committee
372	Benefits review committee
	Procedure
373	How to begin, and procedure and powers for, review by benefits review committee
	Subpart 3—Appeals to appeal authority
	Restrictions on appeals
374	Appeals only against decision confirmed or varied by benefits review committee or made by chief executive personally
375	Authority cannot hear and determine certain appeals on medical or capacity grounds
	Rights of appeal
376	Decision under specified social assistance enactments
377	Decision under reciprocity agreements
378	Decision to recover excess amount
379	Appeal must be begun within 3 months of notification or further allowed period
	Appeal authority
380	Social security appeal authority
381	Act does not affect appeals to authority under other enactments
	Procedure
382	How to begin, and procedure and powers for, appeal to authority
383	Notice, and carrying into effect, of decision
	Subpart 4—Appeals to courts
	Appeals to High Court
384	Right of appeal using case stated on question of law only
385	Appeal must be begun, and case stated lodged, within time prescribed or allowed
386	How to begin, and procedure for, appeal to High Court
387	Orders, etc, on successful appeal
	Appeals to Court of Appeal
388	Appeal, with Court of Appeal’s leave, against High Court’s determination
	Appeals to Supreme Court
389	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
390	Right of appeal on medical grounds
391	Appeal must be begun within 3 months of notification or further allowed period
	Board
392	Board
	Procedure
393	How to apply, and procedure and powers, for appeal to board
394	Notice of, and carrying into effect, board’s decision
	Part 8 Other provisions
	Guide to this Part
395	What this Part does
	Benefits to be inalienable
396	Benefits cannot, in general, be assigned or charged, or pass by operation of law
	Regulations
397	Regulations: general
398	Regulations: general powers not limited by special powers
399	Regulations: effect of duties or powers to give directions
400	Regulations: residential requirement
401	Regulations: income exemptions
402	Regulations: accommodation supplement
403	Regulations: childcare assistance
404	Regulations: disability allowance: special categories of eligibility
405	Regulations: use of disability allowance to fund specified expenses
406	Regulations: funeral grants: amounts and methods of payment
407	Regulations: temporary additional support
408	Regulations: participation allowance for people participating in activities
409	Regulations: specific obligations: obligations in relation to dependent children: definitions and attendance
410	Regulations: specific obligations: work-test obligations, and deferrals of, or exemptions from, specified obligations
411	Regulations: factors affecting benefits: pre-benefit activities
412	Regulations: factors affecting benefits: insurance recovery
413	Regulations: factors affecting benefits: overseas pensions
414	Regulations: factors affecting benefits: issue of warrant to arrest beneficiary
415	Regulations: factors affecting benefits: absence from New Zealand
416	Regulations: issue and use of entitlement cards
417	Regulations: application for benefit: making of, help with, lapse, and deemed receipt
418	Regulations: certain benefits granted, or granted at rate, not taking into account certain insurance payments
419	Regulations: exemptions from, and calculation of, stand down
420	Regulations: expiry and regrant of specified benefits
421	Regulations: payments
422	Regulations: payments during epidemic in New Zealand
423	Regulations: debts and deductions
424	Regulations: further provisions on deductions
425	Regulations: advance payment of instalments of benefit
426	Regulations: budgeting activities due to application for advance payment of instalments of benefit
427	Regulations: remittance or suspension of debt
428	Regulations: ways MSD or person can meet requirement to give notice or other document
429	Regulations: reciprocity agreements with mutual assistance provisions, and adverse action if discrepancy shown by information from other country
430	Regulations: how to begin, and procedure and powers for, review or appeal
	Orders adjusting rates of benefits, etc
431	Orders in Council: discretionary increases in rates of benefits, etc
432	Orders in Council: mandatory annual CPI adjustment of rates of certain benefits
	Confirmable instruments
433	Certain orders are confirmable instruments
	Repeals and revocations
434	Social Security Act 1964 repealed
435	Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 repealed
436	Department of Social Welfare Act 1971 repealed
437	Employment Services and Income Support (Integrated Administration) Act 1998 repealed
	Consequential amendments
438	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
	Legislative history

The Parliament of New Zealand enacts as follows:

New Zealand Legislation

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