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 order is administered by the Ministry of Social Development.

This order is made under section 452(1) and (2)(c) of the Social Security Act 2018 on the advice and with the consent of the Executive Council.

1	Title
2	Commencement
3	Schedule 2 of Social Security Act 2018 amended
4	Revocation
	Explanatory note
	Gazette Information
	Notes

Order

1 Title

This order is the Social Security (Definitions of Income Test 1, Income Test 2, Income Test 3, and Income Test 4) Order 2021.

2 Commencement

This order comes into force on 1 April 2021.

Order: confirmed, on 14 December 2021, by section 12(a) of the Subordinate Legislation Confirmation Act 2021 (2021 No 56).

3 Schedule 2 of Social Security Act 2018 amended

(1)

In the Social Security Act 2018, Schedule 2, definition of Income Test 1, paragraph (a),—

(a)

replace “$115” with “$160”; and

(b)

replace “$215” with “$250”.

(2)

In the Social Security Act 2018, Schedule 2, definition of Income Test 1, paragraph (b), replace “$215” with “$250”.

(3)

In the Social Security Act 2018, Schedule 2, definition of Income Test 2, paragraph (a),—

(a)

replace “$115” with “$160”; and

(b)

replace “$215” with “$250”.

(4)

In the Social Security Act 2018, Schedule 2, definition of Income Test 2, paragraph (b), replace “$215” with “$250”.

(5)

In the Social Security Act 2018, Schedule 2, definition of Income Test 3, paragraph (a), replace “$115” with “$160”.

(6)

In the Social Security Act 2018, Schedule 2, definition of Income Test 3, paragraph (b), replace “$90” with “$160”.

(7)

In the Social Security Act 2018, Schedule 2, definition of Income Test 4, replace “$90” with “$160”.

4 Revocation

The Social Security (Definitions of Income Test 1, Income Test 2, Income Test 3, and Income Test 4) Order 2020 (LI 2020/14) is revoked.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 1 April 2021, is made under the Social Security Act 2018 (the Act). The order amends the definitions of Income Test 1, Income Test 2, Income Test 3, and Income Test 4 in Schedule 2 of the Act to increase the abatement threshold for main beneficiaries and non-qualified spouses and partners of superannuitants.

The abatement threshold is the level of income per week that a person receiving a main benefit or their spouse or partner can earn before the person’s benefit begins to reduce.

This order is a confirmable instrument, and an annual confirmable instrument, under section 47B of the Legislation Act 2012. It is revoked, or taken to have been invalid for past operation, at the close of 30 June 2022, unless earlier confirmed by an Act of Parliament. That stated time is the applicable deadline under section 47C(1)(a) of the Legislation Act 2012.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 25 February 2021.

Notes

1 General

This is a consolidation of the Social Security (Definitions of Income Test 1, Income Test 2, Income Test 3, and Income Test 4) Order 2021 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Subordinate Legislation Confirmation Act 2021 (2021 No 56): section 12(a)

Social Security (Definitions of Income Test 1, Income Test 2, Income Test 3, and Income Test 4) Order 2021