SocialSecurityAct1964 - Legislation€¦ · Amendment Act (No 2) ... test[Repealed] 160 60JC Reductionofbenefitornon-entitlementperiodtoendif ... 69E Interpretation[Repealed] 237

Reprint

as at 24 August 2010

Social Security Act 1964

Public Act 1964 No 136Date of assent 4 December 1964

Pursuant to section 2(3)(b) and (d) of the Social Security Amendment Act1987 (1987 No 106), every reference in this Act to the Commission shouldbe read as a reference to the Director-General, and every reference to inits discretion should be read as a reference to in the Director-Generalsdiscretion.Pursuant to section 5 of the Social Welfare (Transitional Provisions)Amendment Act (No 2) 1993 (1993 No 149), references in this Act toguaranteed retirement income, national superannuation, guaranteedretirement income earner, or national superannuitant were substituted,respectively, for references to New Zealand superannuation or to a NewZealand superannuitant. Section 2(2) Social Welfare (Transitional Provisions)Amendment Act (No 2) 1991 (1991 No 77) previously provided that everyreference to guaranteed retirement income or guaranteed retirement incomeearner shall be read, respectively, as references to national superannuationor national superannuitant.

ContentsPage

Title 181 Short Title and commencement 181A Purpose 18

NoteChanges authorised by section 17C of the Acts and Regulations Publication Act 1989have been made in this eprint.A general outline of these changes is set out in the notes at the end of this eprint, togetherwith other explanatory material about this eprint.This Act is administered in the Department of Social Welfare

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Social Security Act 1964Reprinted as at24 August 2010

1B Principles 19

Part 1Monetary benefits

2 Administration [Repealed] 203 Interpretation 203A Delegation of powers by Minister [Repealed] 55

Administration4 Social Security Department [Repealed] 555 Chief executive to comply with directions 556 Social Security Commission [Repealed] 557 Acting Commissioners [Repealed] 568 Commissioners, Acting Commissioners, and other officers

to be appointed under State Services Act 1962 [Repealed]56

9 Meetings of Commission [Repealed] 5610 Delegation of Director-Generals powers [Repealed] 5610A Review of decisions 5611 Power to obtain information 5911A Power to obtain information for matching purposes 6311B Code of conduct applying to obtaining information under

section 1165

11C Matters to be included in code of conduct 6711D Application process for benefits 6812 Investigation of claims and grant of benefits 70

Appeal Authority12A Social Security Appeal Authority 7212B Term of office of members 7212C Extraordinary vacancies 7212D Special Appeal Authorities 7312E Deputies of members 7312F Remuneration and travelling allowances 7412G Services for Appeal Authority 7412H Authority to have seal 7412I Functions of Appeal Authority 7512J Right of appeal 7512K Procedure on appeal 7712L Expenses payable to appellants 8012M Hearing and determination of appeal 8012N Sittings of Appeal Authority 8212O Costs 8312OA Costs incurred by Authority 8312P Notice of decision 83

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Reprinted as at24 August 2010 Social Security Act 1964

12Q Appeals to High Court on questions of law only 8412R Appeals to Court of Appeal 8512S Appeals to Supreme Court 85

National superannuation13 National Superannuation [Repealed] 8614 Residential qualifications for national

superannuation [Repealed]86

15 Rates of national superannuation [Repealed] 8616 Special provisions in respect of married couples where one

spouse not entitled to national superannuation [Repealed]86

17 Commencement and payment of nationalsuperannuation [Repealed]

87

18 Termination of national superannuation on death ofrecipient [Repealed]

87

19 Special allowance for South African Warveterans [Repealed]

87

Widows benefits21 Widows benefits 8724 Rates of widows benefits 9127 Continuation of benefit when benefit ceases to be payable

in respect of children [Repealed]92

Domestic purposes benefits27A Interpretation 9227B Domestic purposes benefits for solo parents 9327BA Split custody 9627C Domestic purposes benefits for women alone 9827D Applicants for domestic purposes benefits for women

alone to meet residential qualifications in section 74AA101

27E Continuation of benefit when benefit ceases to be payablein respect of children [Repealed]

101

27F Special provisions as to maintenance [Repealed] 10127G Domestic purposes benefits for care at home of sick or

infirm102

27H Rates of domestic purposes benefits 104

Contribution towards cost of domestic purposes benefitsfor solo parents

27I Interpretation [Repealed] 10527J Maintenance order or agreement suspended while benefit

is paid [Repealed]106

3


27K Liable Parent to contribute towards cost of benefit andchild supplement [Repealed]

107

27L Director-General to give liable parent notice of grant ofbenefit [Repealed]

107

27M Liable parent to notify Director General of gross earnings,etc [Repealed]

108

27N Director-General to assess contribution and notify liableparent [Repealed]

108

27O Notice of objection [Repealed] 10927P Grounds on which objection may be made [Repealed] 10927Q Procedure to be followed where objection

received [Repealed]110

27R Hearing of objection by Court [Repealed] 11027S Findings of Court [Repealed] 11027T Appeal from decisions of Courts [Repealed] 11127U Proceedings not open to public [Repealed] 11127V Restriction of publication of reports [Repealed] 11127W Costs [Repealed] 11127X Recovery of unpaid contributions [Repealed] 11227Y Deduction notices [Repealed] 11227Z Effect of deduction notices [Repealed] 11227ZA Liability of employer [Repealed] 11327ZB Protected earnings [Repealed] 11327ZC Variation or discharge of deduction notice [Repealed] 11327ZD Transaction fee [Repealed] 11327ZE Wrongful treatment of employee [Repealed] 11327ZF Extent to which deduction notices bind the

Crown [Repealed]114

27ZG Relief in cases of serious hardship [Repealed] 11427ZH Review of contributions [Repealed] 11427ZI Service of notices, etc, by Director-General [Repealed] 114

Orphans benefits28 Orphans benefits 11529 Unsupported childs benefit 11529A Rates of orphans benefit and unsupported childs benefit 11630 Period for which orphans benefit payable [Repealed] 11631 Orphans benefit and unsupported childs benefit to be

used for benefit of child117

Family benefits32 Family benefits [Repealed] 11733 Residential qualifications for family benefit [Repealed] 117

4


34 Rate of family benefits [Repealed] 11835 Period for which family benefit payable [Repealed] 11836 Advance payments of family benefit [Repealed] 11837 Person to whom family benefit payable [Repealed] 11838 Family benefit to be expended for maintenance of

children [Repealed]119

39 Payment of family benefit not to restrict right tomaintenance, compensation, or damages [Repealed]

119

Child disability allowance39A Child disability allowance 11939B Rate of child disability allowance 12039C Medical examination may be required 12139D Child disability allowance not payable with other benefit

or pension121

39E Person to whom child disability allowance payable 122

Invalids benefits39F Purpose of invalids benefit 12340 Invalids benefit 12341 Residential qualifications for invalids benefits [Repealed] 12542 Rates of invalids benefits 12542A Obligations on spouse or partner of invalids beneficiary 12643 Subsidy on earnings of blind beneficiaries 12744 Medical examination of invalids 12744A Beneficiary receiving invalids benefit may establish

whether open employment is sustainable128

45 Invalids beneficiaries may be required to undertakeactivities [Repealed]

129

46 Refusal to undertake vocational training [Repealed] 129

Work capacity assessment47 Procedure for assessment of capacity for work [Repealed] 12948 Assessment of capacity for work [Repealed] 13049 Content of assessment [Repealed] 13050 Effect of assessment [Repealed] 13051 Reassessment [Repealed] 13052 Funeral grant on death of miner [Repealed] 13153 Miners widows benefits [Repealed] 131

Appeals53A Right of appeal on medical grounds 131

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Sickness benefits54 Sickness benefit: standard eligibility requirements 13454A Sickness benefit: grounds of hardship 13554B Sickness benefit: medical examinations 13654C Sickness benefit: payment [Repealed] 13754D Rates of sickness benefit 13754E Obligations of spouse or partner of sickness beneficiary 13854F Transfer from community wage to sickness benefit on 1

July 2001139

55 Rates of sickness benefits [Repealed] 14056 Medical examination of applicants for sickness

benefits [Repealed]140

57 Period for which sickness benefit payable [Repealed] 141

Unemployment benefits58 Unemployment benefits [Repealed] 14159 Rates of unemployment benefits [Repealed] 14259A Mandatory interview or work test for spouse [Repealed] 142

Young job seekers allowances59B Young job seekers allowances [Repealed] 14359C Rates of young job seekers allowances [Repealed] 14359D Spouse of young job seekers allowance

recipient [Repealed]143

59E Period for which young job seekers allowancepayable [Repealed]

143

Young job seekers allowances60 Commencement of unemployment benefit, etc [Repealed] 144

Training benefits60A Training benefits: purpose [Repealed] 14460AA Training benefits: qualifications [Repealed] 14460B Rates of training benefits [Repealed] 14560C Period for which training benefit payable [Repealed] 14560D Job search allowance [Repealed] 14560E Rates of job search allowance [Repealed] 14660F Independent youth benefits: basic qualifications 14660FA Independent youth benefits: single persons 14760FB Independent youth benefits: persons who are married, in

civil union, or de facto relationship149

60FC Independent youth benefits: persons enrolled in full-timecourse of secondary instruction

149

60FD Independent youth benefits: sickness, injury, or disability 150

6


60G Rates of independent youth benefit 15060GAA Period for which independent youth benefit payable 15160GAB Independent youth benefits: obligations 15160GAC Department to explain obligations to beneficiaries 152

Further conditions of benefits60GA Purposes of sections 60H to 60M [Repealed] 15360H Voluntary unemployment or loss of employment through

misconduct, etc153

60HA Work preparation exercise 15660HB Effect of failure to attend or participate in mandatory

interview [Repealed]157

60HC Beneficiaries to be work-tested [Repealed] 15760HCA General duty of Director-General to ensure that

work-tested beneficiaries aware of obligations [Repealed]158

60HD Power of Director-General to grant exemption frommandatory interview or work test [Repealed]

158

60HE Persons exempted from mandatory interview or work testto notify change of circumstances [Repealed]

158

60HF Delay of work test obligation for existingbeneficiaries [Repealed]

159

60I Effect of redundancy payments, etc, on entitlement tobenefits [Repealed]

159

60J Failure to comply with work test [Repealed] 15960JA Penalty for failure to attend or participate in mandatory

interview or comply with work test [Repealed]160

60JB Effect of recompliance with mandatory interview or worktest [Repealed]

160

60JC Reduction of benefit or non-entitlement period to end ifperson ceases to be subject to mandatory interview orwork-testing [Repealed]

161

60K Effect of undertaking employment [Repealed] 16160KA Effect of participation in approved activities [Repealed] 16160L Effect of sections 60H to 60J and section 60N

on entitlement to supplementary benefits and onspouses [Repealed]

162

60M Community task force scheme [Repealed] 16260N Effect of failure to participate in community task force

project [Repealed]162

60O Interpretation 16360P Purpose of sections 60Q to 60Z 16360Q Personal development and employment plans 164

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60R Developing and reviewing personal development andemployment plans

167

60S Beneficiary must demonstrate commitment to personaldevelopment and employment plan at review

168

60T Department must explain rights and obligations in relationto personal development and employment plans

169

60U Failure to comply with personal development andemployment plan obligations

170

60V Procedure for determining whether failure is without goodand sufficient reason

171

60W Failure without good and sufficient reasons 17260X Procedure for imposing sanctions 17360Y Sanctions for failure to comply with obligations in relation

to personal development and employment plan173

60Z Effect of compliance or agreement to comply 174

Emergency benefits61 Chief executive may grant emergency benefit in cases of

hardship176

61A Obligations of spouse or partner of person grantedemergency benefit

178

61B Special provisions in respect of additional benefits fordependent children [Repealed]

179

61C Special powers of Director-General in respect ofmaintenance

179

61CA Maintenance payable to Crown 180

Epidemics61CB Payment of benefits during epidemic in New Zealand 18161CC Granting of emergency benefits during epidemic in New

Zealand183

61CD During epidemic benefits may be granted without normalinvestigations

183

61CE Overseas epidemics affecting visitors to New Zealand 18361CF Special assistance for visitors affected by overseas

epidemics184

61D Interpretation 18561DA Restrictions on payment of funeral grants 18661DB Payment of funeral grants where there is a surviving

spouse or partner or children187

61DC Payment of funeral grants where there is no survivingspouse or partner or children

190

61DD Childrens funeral grants 191

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61DE Method of making payments 19461DF Method of making payments [Repealed] 19561DG Applications for lump sum payments after

death [Repealed]195

Accommodation supplement61DH Purpose of accommodation supplement 19561E Interpretation 19561EA Accommodation supplement 20161EB Special rules for joint tenants who are married, in civil

union, or de facto relationship204

61EC Rates of accommodation supplement 20561F Rates of accommodation benefit [Repealed] 20761FA Rent rebate entitlement [Repealed] 20761FB Rate of rebate [Repealed] 20761FC Tenure protection allowance [Repealed] 20861FD Rate of tenure protection allowance [Repealed] 208

Temporary additional support61G Temporary additional support 208

Childcare assistance61GA Childcare assistance 212

Alteration of rates of benefits61H Rates of benefits, etc, may be increased by Order in

Council212

61I Areas for accommodation supplement purposes may bealtered by Order in Council

216

Miscellaneous provisions as to monetary benefits62 Grant of benefit after death of applicant 21763 Conjugal status for benefit purposes 21763A Provisions relating to children who continue education 21864 Mode of ascertaining income for benefit purposes 21966 Exemption of income from friendly or like society 22266A Special exemption for severe disablement 22366B Redundancy and retirement payments not to be taken into

account in determining rates of benefits223

68 Exemption of income from former home property 22468A Special provisions applying to insurance payments 22569 Power to increase rates of benefits payable to parents of

deceased members of the forces or mercantile marine228

69A Telephone-rental concessions [Repealed] 229

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69C Disability allowance 23069D Transition to work allowance [Repealed] 23769E Interpretation [Repealed] 23769F Financial means assessments [Repealed] 23869FA Financial means assessments for home-based disability

support services239

Overseas pensions69G Reasonable steps to be taken to obtain overseas pension 24369H Information on rate of overseas pension to be provided 24669I Duty of chief executive to assist 24870 Rate of benefits if overseas pension payable 24870A Rates of benefits for sole parents may be reduced 25470B Entitlement to benefits in cases of shared custody 25871 Special provisions where compensation or damages

recoverable by applicant259

71A Deduction of weekly compensation from income-testedbenefits

261

72 Limitation where applicant receiving another benefit orwar pension

263

73 Limitation where applicant entitled to claim under FamilyProtection Act 1955

265

74 Limitation in certain other cases 26774AA Residential requirements for certain benefits 26974A Persons unlawfully resident or present in New Zealand 27075 Beneficiaries in hospital 27375A Beneficiaries in institutions under Alcoholism and Drug

Addiction Act 1966276

76 Forfeiture of benefit during detention in a prison 27777 Effect of absence of beneficiary from New Zealand 27978 Effect of absence of beneficiary from New Zealand on

residential qualification283

79 Persons liable for income tax on earnings while employedoverseas deemed to be resident in New Zealand

283

80 Commencement of benefits 28480AA Minister may allow back-dating of benefit where earlier

failure to grant it based on error289

80A Duty to advise change of circumstances affectingentitlement to benefit

291

80B Interpretation 29180BA Calculation of stand down 29580BB Delayed redundancy and retirement payments 296

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80BC Seasonal workers made redundant after benefitcommences

297

80BD Ending of benefits 29880C Effect of sections 60H to 60M and section 80BA on

entitlement to supplementary benefits and on spouses orpartners

300

80D Benefit applications by claimants under Injury Prevention,Rehabilitation, and Compensation Act 2001

301

81 Review of benefits 30282 Payment of benefits 30382A Duty to supply tax file number and consequence of failure

to do so306

83 Apportionment of benefit between spouses or partners 30783A Tax on benefits 30984 Benefits to be inalienable 31184A Payment of benefit not to restrict right to maintenance 31285A Payments that are debts due to the Crown 31386 Recovery of payments made in excess of authorised rates 31386A Deduction of benefit debts 32186B Issue of deduction notice to State sector employer 32386C Discharge of debt 32486D Deduction notices issued on banks 32486E Deductions held in trust 32586F Offences in relation to deduction notices 32586G Protected earnings 32686H Variation or discharge of deduction notice 32786I Penalty for late deductions 32786J Notices 32886K Validation of benefit payments and other payments in

respect of certain children in care329

Part 1AFamily care grants

[Repealed]

Part 2Unemployment benefit and work testing

87 Purposes of this Part [Repealed] 33088 Overview of this Part [Repealed] 33088A Interpretation 331

Unemployment benefit89 Unemployment benefit: standard eligibility requirements 33290 Unemployment benefit: grounds of hardship 333

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91 Unemployment benefit: ineligibility 33492 Community wage: application on grounds of sickness,

injury, or disability [Repealed]336

93 Community wage: determination ofapplication [Repealed]

336

93A Additional fees for general medical services on publicholidays and at night [Repealed]

337

94 Community wage: job seeker contract [Repealed] 33794A Rural practice bonuses [Repealed] 33895 Job seeker contract for other beneficiaries [Repealed] 33896 Community wage: not payable until job seeker contract

signed [Repealed]338

96A Unemployment benefit: pre-benefit activities 33996B Department must explain obligations in relation to

pre-benefit activities341

97 Unemployment benefit: obligations on beneficiaries 34197A Immunisation benefit [Repealed] 34298 Unemployment benefit: payment 34399 Unemployment benefit: rates 34399A Transfer from community wage to unemployment benefit

on 1 July 2001345

100 Departments obligations in respect of work testing andcommunity wage [Repealed]

346

100A Extension of power of use by Crown of patentedinvention [Repealed]

346

Work test101 Purpose of section 60H and sections 102 to

123D [Repealed]347

102 Application and obligations of work test 347102A Accounts for treatment to show gross amount,

etc [Repealed]350

103 Delayed application of work test: age of dependent child 350104 Delayed application of work test: bereavement or

separation [Repealed]350

104A Transitional provision dealing with deferrals 351105 Exemption from obligations 351

Job seeker agreements105A Description of job seeker agreement and responsibilities

arising from it352

105B Entering into and reviewing job seeker agreement 354

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105C Department to explain to beneficiaries their rights andobligations

354

105D Job seeker contracts to have effect as job seekeragreements

355

Deferral of work-test obligations106 Application for deferral of work-test

obligations [Repealed]355

107 Chief executive may defer work-testobligations [Repealed]

356

108 Effect of deferral [Repealed] 356109 Persons who are to notify change of circumstances

affecting exemption or deferral [Repealed]356

Job seeker development activities110 Defining job seeker development activities 357111 Assistance provided by department 358112 Organised activities to have effect as job seeker

development activities359

Sanctions regime113 Procedure for imposing sanctions 359114 Notices 360115 Failure to comply with work test 361115A Failure to comply with obligations under section 60GAB 362116 Failure to participate in activity under section

60HA [Repealed]362

117 Sanctions that may be imposed for failures 362118 Penalties for failure to participate in organised activity to

satisfaction of chief executive [Repealed]363

119 Calculation of failure rate 363120 Modified effect in some cases of sanctions on rate of

benefit for people married or in civil union or de factorelationship

365

121 Effect of sanctions on benefit of sole parent 366

General provisions122 Meaning of recompliance 366123 Effect of ceasing to be subject to obligation to comply

with section 60HA or obligations under section 60GABor work test

367

123A Effect of employment on non-entitlement period 368123B Effect of participation in certain activities on

non-entitlement period369

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123C Application of Health and Safety in Employment Act1992 and Human Rights Act 1993

370

123D Regulations 371

Part 3General provisions

124 Money payable out of Crown Bank Account 372125 Advances to beneficiaries and war pensioners for repair or

maintenance of home, etc [Repealed]375

126 Cost of repair and replacement of artificial limbs 376126A Information on beneficiaries and former beneficiaries

may be disclosed to Department for Courts for finesenforcement purposes

377

126AB Disclosure of personal information to Registrar-Generalfor birth registration purposes

379

126B Certain grounds of discrimination in Human Rights Act1993 not to apply

380

127 Offences 381128 Proceedings for offences 382129 General penalty for offences 383131 Declarations 383131A Disclosure of information between Department of Social

Welfare and Department of Labour [Repealed]383

131B Definitions for purposes of sections 131C and131D [Repealed]

383

131C Notice of decision to suspend, reduce, or cancelwork-tested benefit [Repealed]

384

131D Reduction of notice period [Repealed] 384131E Notices [Repealed] 384131F Jurisdiction of Privacy Commissioner [Repealed] 384131G Privacy Commissioner to report on compliance with

section 131C [Repealed]384

132 Regulations 385132AA Regulations exempting items from treatment as income

or cash assets may have retrospective effect385

132AB Regulations relating to temporary additional support 385132A Regulations providing for issue and use of entitlement

cards387

132AC Regulations relating to childcare assistance 389132B Regulations providing for assessment of financial means

of people requiring disability services [Repealed]391

132C Regulations relating to overseas pensions 392

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132D Regulations exempting income and assets from assessmentof financial means of people requiring certain disabilityservices

394

132E Regulations relating to work capacityassessment [Repealed]

395

132F Regulations providing for participation allowance 395132G Regulations providing for remittance or suspension of

debt395

132H Rules providing for determination of incomes of certainpeople by chief executive

396

132I Rules relating to determination by chief executive ofdeprivation of property or income

398

132J Regulations stating pre-benefit activities 398132K Regulations relating to advance payments of benefit 399133 Annual reports 399135 Repeals and savings 400

Part 4Long-term residential care in hospital or rest home

136AA Purpose of this Part 401136AB Overview of this Part 402136 Interpretation 402

Needs assessment137 Needs assessment 406138 Effect of being assessed as requiring long-term residential

care in hospital or rest home indefinitely406

Liability to pay139 Personal obligation to pay for care 407140 Funders liability in respect of persons whose assets are

above applicable asset threshold or who have not beenmeans assessed

408

141 Funders liability in respect of persons whose assets areequal to or below applicable asset threshold

408

142 Funders liability in respect of exempt persons and elderlyvictims of crime

409

143 Residents assessed as requiring care aged 50 to 64 notrequired to pay out of assets

410

Means assessment144 Application for means assessment 411145 Date of means assessment 411146 Means assessment as to assets 412

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147 Means assessment as to income 412147A Deprivation of assets and income 413148 Notice of means assessment (including reviews) 413149 Obligation to advise change of circumstances and right to

apply for review414

150 Review of means assessment 415151 Conjugal status for purpose of means assessment 417

Miscellaneous152 Maximum contributions set by Gazette notice 417153 Residential care loan scheme 418154 Clothing allowance 418155 Regulations relating to this Part 418

Schedule 1 420

Schedule 2 420

Schedule 3 420Rates of widows benefits

Schedule 4 423Maximum rates of orphans benefits and unsupported

childs benefits

Schedule 5 426Rates of family benefits

[Repealed]

Schedule 6 427Rates of invalids benefits

Schedule 7 432Rates of miners benefits and miners widows benefits

[Repealed]

Schedule 8 432Rates of benefit payable to person receiving a sickness

benefit immediately before 1 July 1998

Schedule 9 435Rates of unemployment benefits and sickness benefits

16


Schedule 10 442Special income exemption in respect of sick

benefits from friendly or like society (New ZealandSuperannuation payable under section 16 of this Act,invalids, widows, domestic purposes, and sickness

benefits only)

Schedule 11 443Special income exemption in respect of earnings from

domestic and nursing service[Repealed]

Schedule 12 443Maximum increase in rate of benefit payable to parentof deceased member of forces or mercantile marine

Schedule 13 443Enactments repealed

Schedule 14 445Child supplements

[Repealed]

Schedule 15 445Maximum rate of rehabilitation allowances

[Repealed]

Schedule 16 445Rates of domestic purposes benefits

Schedule 17 447Rates of domestic purposes benefits

Schedule 18 452Accommodation supplement

Schedule 19 471Rates of child disability allowance and disability

allowance

Schedule 20 472Rates of contribution by liable parents to cost of

domestic purposes benefit[Repealed]

Schedule 21 473

Schedule 22 473Rates of benefits payable to long-term hospital patients

17


Schedule 23 476Transition to work allowance

[Repealed]

Schedule 24 476

Schedule 25 476Rate of telephone-service-rental allowance

[Repealed]

Schedule 26 477Rates of independent youth benefits

Schedule 27 479Means assessment under Part 4

Schedule 28 487Period of benefit stand down

Schedule 29 489Powers, functions, and discretions of the

Director-General that may be delegated to the chiefexecutive of the Department of Labour

[Repealed]

Schedule 30 489Method of calculating ability to make paymentstowards costs of home-based disability support

services under section 69fa

Schedule 31 491Asset and income limits that may be applied to certain

assistance

An Act to consolidate and amend the Social Security Act 1938and its amendments

1 Short Title and commencement(1) This Act may be cited as the Social Security Act 1964.(2) This Act shall come into force on 1 April 1965.

1A PurposeThe purpose of this Act is

18

Reprinted as at24 August 2010 Social Security Act 1964 s 1B

(a) to enable the provision of financial and other support asappropriate(i) to help people to support themselves and their

dependants while not in paid employment; and(ii) to help people to find or retain paid employment;

and(iii) to help people for whom work may not cur-

rently be appropriate because of sickness, injury,disability, or caring responsibilities, to supportthemselves and their dependants:

(b) to enable in certain circumstances the provision of fi-nancial support to people to help alleviate hardship:

(c) to ensure that the financial support referred to in para-graphs (a) and (b) is provided to people taking into ac-count(i) that where appropriate they should use the re-

sources available to them before seeking finan-cial support under this Act; and

(ii) any financial support that they are eligible for oralready receive, otherwise than under this Act,from publicly funded sources:

(d) to impose administrative and, where appropriate, work-related requirements on people seeking or receiving fi-nancial support under this Act.

Section 1A: inserted, on 24 September 2007, by section 23 of the Social SecurityAmendment Act 2007 (2007 No 20).

1B PrinciplesEvery person exercising or performing a function, duty orpower under this Act must have regard to the following gen-eral principles:(a) work in paid employment offers the best opportunity for

people to achieve social and economic well-being:(b) the priority for people of working age should be to find

and retain work:(c) people for whom work may not currently be an appro-

priate outcome should be assisted to plan for work inthe future and develop employment-focused skills:

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Part 1 s 2 Social Security Act 1964Reprinted as at24 August 2010

(d) people for whomwork is not appropriate should be sup-ported in accordance with this Act.

Section 1B: inserted, on 24 September 2007, by section 23 of the Social SecurityAmendment Act 2007 (2007 No 20).

Part 1Monetary benefits

2 Administration[Repealed]Section 2: repealed, on 1 October 1998, by section 11 of the Employment Ser-vices and Income Support (Integrated Administration) Act 1998 (1998 No 96).

3 Interpretation(1) In this Act, unless the context otherwise requires,

activity in the community means an activity associated witha community project under the supervision of a sponsor whois contracted by the chief executive to provide the activityAppeal Authority or Authority means the Social SecurityAppeal Authority established under section 12A; and includesany Special Social Security Appeal Authority establishedunder section 12Dapplicant, in relation to any benefit, means a person by whomor on whose behalf an application is made for the benefit; and,where the context so requires, includes a beneficiaryapplication means an application for a benefitaverage wage means, at any time, the before tax average or-dinary time weekly wage (all sectors, male and female com-bined) as specified in(a) the latest Quarterly Employment Survey published by

Statistics New Zealand; or(b) if the survey referred to in paragraph (a) ceases to be

published, a survey certified by the Government Statis-tician as an equivalent survey to the survey referred toin that paragraph

beneficiary means a person who has been granted a benefit;and includes a person in respect of whom a benefit or part ofa benefit has been granted

20


Reprinted as at24 August 2010 Social Security Act 1964 Part 1 s 3

benefit(a) means amonetary benefit payable under this Part or Part

2; and(aa) [Repealed](b) includes

(i) New Zealand superannuation payable under theNew Zealand Superannuation and RetirementIncome Act 2001 and veterans pensions payableunder Part 6 of the War Pensions Act 1954:

(ia) [Repealed](ii) a living alone payment payable under the New

Zealand Superannuation and Retirement IncomeAct 2001 and a living alone payment payableunder Part 6 of the War Pensions Act 1954:

(iii) an accommodation supplement payable undersection 61EA:

(iv) a child disability allowance under section 39A:(iva) childcare assistance payable under section

61GA:(ivb) temporary additional support payable under sec-

tion 61G:(v) a disability allowance payable under section 69C

but(va) [Repealed](vi) [Repealed](vii) [Repealed](viii) [Repealed]

(c) does not include a lump sum payable under section61DB or section 61DC or section 61DD

capacity for work means, in relation to any person, the per-sons capacity to engage in employment, as determined hav-ing regard to any sickness, injury, or disability the person mayhaveceased, in relation to a persons employment, means(a) subject to paragraph (b), the date on which the persons

employment terminates; or(b) if in relation to the termination of employment the per-

son receives

21

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(i) any payment in lieu of notice terminating the em-ployment of the person; or

(ii) any holiday pay; or(iii) any payment in lieu of accumulated leave; or(iv) any payment contingent on the completion of a

fixed-term engagement; or(v) any retirement payment (as defined in section

80B(3)),a date which is the number of days (excluding Saturdays andSundays) after the date on which the persons employment ter-minated which is equal to the nearest whole number producedby dividing the aggregate amount of any such payments by theamount of the persons normal daily wage or salary before ter-mination of his or her employmentchief executive means, subject to any enactment, the chiefexecutive of the department that is, with the authority of thePrime Minister, for the time being responsible for the admin-istration of this Actchild means a single person under the age of 18 years, otherthan a person who is(a) aged 16 years or 17 years; and(b) financially independentCommonwealth country means a country that is a memberof the Commonwealth of Nations; and includes every territoryfor whose international relations the Government of any suchcountry is responsiblecontract of insurance includes a contract or an arrangementthat, in the opinion of the chief executive, is similar to or anal-ogous with a contract of insurancedate of first contact, in relation to a persons application for abenefit, means the date on which the department first receivedfrom the person (or some other person acting on the personsbehalf) the oral or written request for financial assistance thatled to the making of the application

22


debt insurance payment, in relation to a person, means apayment made, or the value of any credit provided, on theoccurrence of a contingency(a) under a contract of insurance or by reason of the per-

sons membership of any society, organisation, or bodywhether corporate or unincorporate; and

(b) to the person or to some other person on behalf of or forthe benefit of the person; and

(c) for the sole purpose of, and used for, repaying or pay-ing any amounts on account of any existing debt of theperson

dentist means a health practitioner who is, or is deemed tobe, registered with the Dental Council established by section114(2) of the Health Practitioners Competence Assurance Actas a practitioner of the profession of dentistrydepartment means the department that is, with the authorityof the Prime Minister, for the time being responsible for theadministration of this Actdependent child, in relation to any person,(a) means a child

(i) whose care is primarily the responsibility of theperson; and

(ii) who is being maintained as a member of that per-sons family; and

(iii) who is financially dependent on that person:(b) does not include a child in respect of whom payments

are being made under section 363 of the Children,Young Persons, and Their Families Act 1989:

(c) despite paragraph (b), includes a child or a young per-son (as defined in section 2(1) of the Children, YoungPersons, and Their Families Act 1989)(i) of whom the person is a parent within the mean-

ing of that Act; and(ii) to whom section 361 of that Act applies; and(iii) who, under section 362 of that Act, is placed in

the charge of the person:(d) for the purposes only of Schedules 3, 6, 9, 16, 17, and

18, does not include a child in respect of whom an or-

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phans benefit or an unsupported childs benefit is beingpaid

disability services has the same meaning as disability sup-port services in section 6(1) of the NewZealand Public Healthand Disability Act 2000district health boardmeans a district health board establishedby or under section 19 of the New Zealand Public Health andDisability Act 2000document means a document in any form; and includes(a) any writing on any material:(b) any information recorded or stored by means of any

tape-recorder, computer, or other device; and anymaterial subsequently derived from information sorecorded or stored:

(c) any label, marking, or other writing that identifies ordescribes any thing of which it forms part, or to whichit is attached by any means:

(d) any book, map, plan, graph, or drawing:(e) any photograph, film, negative, tape, or other device in

which one or more visual images are embodied so asto be capable (with or without the aid of some otherequipment) of being reproduced

domestic epidemicmanagement noticemeans a notice undersection 8(1) of the Epidemic Preparedness Act 2006 statingthat the application of this Act is modified in order to deal withthe practical effects of the outbreak of the disease referred toin the noticeemployment means paid employmentemployment required to satisfy the work test means em-ployment of a kind described in section 102(4)existing debt, in relation to a person, means a debt or liabilityof the person in existence on the date on which a contingencyoccurs that gives rise to a right or eligibility of the person to re-ceive a payment under a contract of insurance or by reason ofthe persons membership of any society, organisation, or bodywhether corporate or unincorporate whether or not the debt orliability is due for payment on that date; but does not include aliability in connection with the future supply of goods or ser-

24

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vices or transport or accommodation to the person or amemberof his or her familyfinancially independent, in relation to a person, means(a) in full employment; or(b) in receipt of a basic grant or an independent cir-

cumstances grant under the Student AllowancesRegulations 1998 (SR 1998/277); or

(c) in receipt of payments under a Government-assistedscheme which the chief executive considers analogousto a benefit; or

(d) in receipt of a benefit under this Actfriendly society means any friendly society or branch thereofregistered under the Friendly Societies and Credit Unions Act1982full employment or full-time employment, in relation to anyperson, means(a) employment under a contract of service or apprentice-

ship which requires the person to work, whether on timeor piece rates, no less than an average of 30 hours eachweek; or

(b) self-employment of the person in any business, profes-sion, trade, manufacture, or undertaking carried on forpecuniary profit for no less than an average of 30 hourseach week; or

(c) employment of the person for any number of hourswhich is regarded as full-time employment for the pur-poses of any award, agreement, or contract relating tothat employment

full-time student means a person enrolled in a full-timecourse within the meaning of the Student AllowancesRegulations 1998, and includes a person who, during anacademic year that has just ended or is about to end, was soenrolled and who intends to so enrol in the next academic yearfunder has the same meaning as in section 20 of the Healthand Disability Services Act 1993

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Government occupational pension(a) means a benefit, pension, or periodical allowance paid

by or on behalf of the Government of any country to aperson by reason of(i) a period of employment, direct or indirect, by

that Government of that person or that personsdeceased spouse or partner or that persons de-ceased parent; or

(ii) a period of service to that Government (includ-ing, without limitation, service in the armedforces, service in the police, and service as ajudicial officer or other person acting judicially)by that person or that persons deceased spouseor partner or that persons deceased parent; but

(b) does not include any part of that benefit, pension, orperiodical allowance that is paid by the Government ofthat country by reason of anything other than that periodof employment or service; and

(c) does not include any part of that benefit, pension, orperiodical allowance to which the Government of thatcountry contributes by reason of anything other thanthat period of employment or service; and

(d) does not include a benefit, pension, or periodical allow-ance of the kind set out in paragraph (a) if the personwould have been entitled to receive a similar benefit,pension, or periodical allowance paid by, or on behalfof, the Government of that country under a scheme orother arrangement in respect of persons who were notemployees or in the service of that Government

health or disability insurance payment, in relation to a per-son, means a payment made, or the value of any credit or ser-vice provided, on the occurrence of a contingency(a) under a contract of insurance, or by reason of the per-

sons membership of any society, organisation, or bodywhether corporate or unincorporate, that provides forthe payment or reimbursement of the costs of health ordisability care for the person or a member of his or herfamily; and

26


(b) to the person or to some other person on behalf of orfor the benefit of the person or a member of his or herfamily

and used for paying or reimbursing those costshospitalmeans a hospital care institution as defined in section58(4) of the Health and Disability Services (Safety) Act 2001income, in relation to any person,(a) means any money received or the value in moneys

worth of any interest acquired, before income tax, bythe person which is not capital (except as hereinafterset out); and

(b) includes, whether capital or not and as calculated beforethe deduction (where applicable) of income tax, anyperiodical payments made, and the value of any creditsor services provided periodically, from any source forincome-related purposes and used by the person for in-come-related purposes; and

(c) except where section 71A(2) applies, includes, whethercapital or not and as calculated before the deduction(where applicable) of income tax,(i) any periodical income-related insurance pay-

ments; and(ii) any lump sum income-related insurance payment

to the extent of the income lost by the person as aresult of, and within a period of 10 weeks from,the occurrence of the contingency in respect ofwhich the payment was made; and

(iii) any payment referred to in subparagraph (i) orsubparagraph (ii) which the person would havebeen entitled to receive under an accident insur-ance contract within the meaning of section 13of the Accident Insurance Act 1998 but for theexistence of a risk sharing agreement referred toin section 185 of that Act (as it read immediatelybefore its repeal by section 7 of the Accident In-surance Amendment Act 2000); and

(d) includes(i) any payment relating to a situation involving a

seasonal layoff:

27



(ii) any payment contingent on the completion ofeither a fixed-term engagement or an engagementto complete work specified in a contract:

(iii) any payment in lieu of notice terminating em-ployment:

(iv) any payment (including holiday pay) which, if ithad not been made in relation to termination ofemployment, would, in the opinion of the chiefexecutive, have been paid so as to constitutemonetary remuneration of the employee:

(iva) any parental leave payments paid under Part 7Aof the Parental Leave and Employment Protec-tion Act 1987:

(v) any payment in relation to termination of em-ployment made by a company pursuant to its art-icles of association or constitution to any of itsdirectors; and

(e) includes, as calculated before the deduction (where ap-plicable) of income tax, the value of any goods, ser-vices, transport, or accommodation supplied on a regu-lar basis to the person by any other person; but

(f) does not include(i) any benefit, grant, allowance, or concession

received under this Act or the Social Welfare(Transitional Provisions) Act 1990 or Part 6 ofthe War Pensions Act 1954 or the New ZealandSuperannuation and Retirement Income Act2001, including the value of any benefit underPart 2:

(ii) any pension or allowance under theWar PensionsAct 1954 received by any person by reason of hisor her own disablement:

(iii) any pension received under Part 2 or Part 4 or Part5 of the War Pensions Act 1954 by the survivingspouse or partner of a deceased member of theNew Zealand or any other Commonwealth forcesor of the Emergency Reserve Corps or of the NewZealand mercantile marine in respect of the deathof that member:

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(iv) any pension or other periodical allowance orany part thereof received by any person fromthe Government of any Commonwealth coun-try (other than New Zealand) which the chiefexecutive determines is analogous to a pensionor allowance specified in subparagraph (ii) orsubparagraph (iii) of this paragraph:

(iva) the value of any assistance of a kind approved bythe chief executive provided to a person with asickness, injury, or disability to obtain or remainin employment:

(v) any money received by way of funeral benefitfrom any friendly society:

(va) a participation allowance:(vi) any money paid in respect of any military decor-

ation and received by the recipient of such decor-ation:

(vii) any money received by the Commissioner of In-land Revenue by way of child support which isnot required to be paid to the person under theChild Support Act 1991:

(viii) any money received by the Commissioner of In-land Revenue by way of child support which ispaid to the person under section 142 of the ChildSupport Act 1991:

(ix) any money received by way of an independenceallowance under section 54 of the Accident Re-habilitation and Compensation Insurance Act1992 or Part 13 or Part 4 of Schedule 1 of theAccident Insurance Act 1998, or any impairmentlump sum received under Schedule 1 of theInjury Prevention, Rehabilitation, and Compen-sation Act 2001:

(x) any amount of output tax charged in respect of asupply of goods and services made by that per-son:

(xi) any amount of goods and services tax payableby the Commissioner of Inland Revenue to thatperson:

29



(xii) any debt insurance payment or any health or dis-ability insurance payment.

(xiii) any money received under the Children, YoungPersons, and Their Families Act 1989 in respectof the care of a child or young person (as thoseterms are defined in that Act):

(xiv) any lump sum payment received by the person(A) under a contract of insurance on the life of

the persons deceased spouse or partner; or(B) where the person is a dependent child,

under a contract of insurance on the life ofhis or her deceased parent or step-parent;or

(C) under any superannuation scheme, not be-ing a payment which the chief executiveconsiders, having regard to the mattersspecified in subsection (4), is for an in-come-related purpose; or

(xv) any part of a lump sum income-related insurancepayment received on the occurrence of a contin-gency by an applicant for a benefit that has beenused or committed by the applicant(A) to repay or pay any amounts on account of

existing debt of the applicant; or(B) to pay any essential costs arising as a con-

sequence of the applicants health or dis-ability (being costs arising from the con-tingency in respect of which the paymentwas made) to the extent that assistance to-wards those costs is not available underthis Act or any other Act:

(xvi) any income-related rent within the meaning ofsection 42(1) of the Housing Restructuring andTenancy Matters Act 1992 :

(xvii) any specified item or amount of income, or in-come from a specified source, that is declared notto be income for the purposes of this Act by regu-lations made under section 132

30



(xviii) any tax credit or amount received under subpartsMA to MF and MZ of the Income Tax Act 2007or subpart KD of the Income Tax Act 2004 orsubpart KD of the Income Tax Act 1994 or underPart 11A of the Income Tax Act 1976

income-related insurance payment, in relation to a person,means a payment, or the value of any credit or service, that, inthe opinion of the chief executive, having regard to the mattersspecified in subsection (4), is(a) made or provided on the occurrence of a contingency

under a contract of insurance or by reason of the per-sons membership of any society, organisation, or bodywhether corporate or unincorporate; and

(b) made or provided to the person or to some other personon behalf of or for the benefit of the person or a memberof his or her family; and

(c) made or provided or used for an income-related pur-pose:

income-related purpose, in relation to any person, means thepurpose of(a) replacing lost or diminished income; or(b) maintaining the person or amember of his or her family;

or(c) purchasing goods or services for the person or amember

of his or her family, being goods or services of a kindthat are commonly paid for from income; or

(d) enabling the person to make payments that he or sheis liable to make and that are commonly made fromincome

income taxmeans income tax under the Income Tax Act 2007Income Test 1 means that the applicable rate of benefit shallbe reduced(a) by 30 cents for every $1 of the total income of the bene-

ficiary and his or her spouse or partner which is morethan $80 a week but not more than $180 a week; and

(b) by 70 cents for every $1 of that income which is morethan $180 a week

31



Income Test 2 means that the applicable rate of benefit shallbe reduced(a) by 15 cents for every $1 of the total income of the bene-

ficiary and his or her spouse or partner which is morethan $80 a week but not more than $180 a week; and

(b) by 35 cents for every $1 of that income which is morethan $180 a week

Income Test 3 means that the applicable rate of benefit shallbe reduced by 70 cents for every $1 of the total income of thebeneficiary and his or her spouse or partner which is more than$80 a weekIncome Test 4 means that the applicable rate of benefit shallbe reduced by 35 cents for every $1 of the total income of thebeneficiary and his or her spouse or partner which is more than$80 a weekIncome Test 5 means that the applicable rate of benefit shallbe reduced by 70 cents for every $1 of the total income of thebeneficiary which is more than $80 a weekincome-tested benefit means any of the following benefits:(a) an unemployment benefit:(aa) a sickness benefit:(b) a domestic purposes benefit:(c) an emergency benefit:(d) an independent youth benefit:(e) an invalids benefit:(f) New Zealand superannuation payable at the appropri-

ate rate in clause 2 of Schedule 1 of the New ZealandSuperannuation and Retirement Income Act 2001 or aveterans pensions payable(i) at the appropriate rate in clause 1 of Schedule 11

of the War Pensions Act 1954 if the pension issubject to abatement under section 74D of thatAct; or

(ii) at the appropriate rate in clause 2 of Schedule 11of the War Pensions Act 1954:

(g) an orphans benefit:(h) [Repealed](i) an unsupported childs benefit:(j) a widows benefit

32



living with a parent, in relation to a person,(a) means living in the same home as a parent of the person;

but(b) does not include a situation in which a person lives in

the same home as a parent of the person where(i) the parent is financially dependent on the person;

or(ii) the person, at his or her own expense, provides

accommodation for the parent in the home; or(iii) the person provides a substantial degree of care

to the parent; or(iv) the home is a hostel, boardinghouse, or similar

lodging, and the person and the parent pay foraccommodation in it

married rate, in relation to New Zealand superannuation,means the aggregate rate payable to a couple who are married,in a civil union, or in a de facto relationship, both of whom areentitled to receive New Zealand superannuationmedical practitioner means a health practitioner who is, oris deemed to be, registered with the Medical Council of NewZealand continued by section 114(1)(a) of the Health Practi-tioners Competence Assurance Act 2003 as a practitioner ofthe profession of medicinemidwifemeans a health practitioner who is, or is deemed to be,registered with the Midwifery Council established by section114(3) of the Health Practitioners Competence Assurance Act2003 as a practitioner of the profession of midwiferyMinister, in relation to any provisions of this Act, means, sub-ject to any enactment, the Minister who is, with the authorityof the Prime Minister, for the time being responsible for theadministration of those provisionsNew Zealand superannuation means New Zealand super-annuation payable under the NewZealand Superannuation andRetirement Income Act 2001non-entitlement period, in relation to a person, means aperiod when the person is not entitled to a benefit because heor she(a) became voluntarily unemployed; or

33



(b) lost his or her employment, or position on a scheme,through misconduct; or

(c) [Repealed](d) failed to comply with the work test:(e) failed to comply with an obligation under section

60GABnurse means a health practitioner who is, or is deemed to be,registeredwith theNursing Council of NewZealand continuedby section 114(1)(a) of the Health Practitioners CompetenceAssurance Act 2003 as a practitioner of the profession of nurs-ing whose scope of practice permits the performance of gen-eral nursing functionsoccupational therapist means a health practitioner who is,or is deemed to be, registered with the Occupational TherapyBoard continued by section 114(1)(a) of the Health Practition-ers Competence Assurance Act 2003 as a practitioner of theprofession of occupational therapyopen employment means employment other than shelteredemploymentordinarily resident, in relation to any person, does not includebeing unlawfully resident in New Zealandoverseas epidemic management noticemeans a notice undersection 61CEoverseas pension(a) means a benefit, pension, or periodical allowance of a

kind described in section 70(1); but(b) does not include a benefit, pension, or periodical allow-

ance of a kind referred to in the proviso to section 70(1);and

(c) does not include a Government occupational pensionoverseas pensionermeans a person to whom an overseas pen-sion has been grantedparent, for the purposes of the definition of the term livingwith a parent, means a parent, or a guardian, or a person act-ing as a parentparticipation allowance means a participation allowanceunder regulations made under section 132F

34



part-time work means work that averages not less than15 hours a week when calculated over a period of the preced-ing 3 months(a) under a contract of service, whether on time or piece

rates; or(b) as a self-employed person in any business, profession,

trade, manufacture, or undertaking:part-time work-tested beneficiary means a person(a) who is a work-tested spouse or partner; and(b) whose youngest dependent child is aged 6 years or

older, but under 18 yearspartner, in the phrase spouse or partner and in related con-texts, means a civil union partner or de facto partnerpay day means the day or date from time to time fixed by thechief executive as the date on which an instalment of a benefitfalls due for paymentperiodical means regular or intermittentpersonal development and employment plan has the mean-ing specified in section 60Ophysiotherapist means a health practitioner who is, or isdeemed to be, registered with the Physiotherapy Boardcontinued by section 114(1)(a) of the Health PractitionersCompetence Assurance Act 2003 as a practitioner of theprofession of physiotherapyprincipal caregiver, in relation to a dependent child, meansthe person who, in the opinion of the chief executive, has theprimary responsibility for the day to day care of the child, otherthan on a temporary basis, but does not include(a) any body of persons (whether incorporated or unincor-

porated); or(b) any person who is the proprietor of, or employed in,

(i) a residence established under the Children,Young Persons, and Their Families Act 1989; or

(ii) [Repealed](iii) any other institution in which the child is being

cared forpsychologistmeans a health practitioner who is, or is deemedto be, registered with the Psychologists Board continued by

35



section 114(1)(a) of the Health Practitioners Competence As-surance Act 2003 as a practitioner of the profession of psych-ologyregular, in relation to work, does not include(a) casual employment; or(b) employment on call if there are no specified hours for

such employment in the persons employment contractresident, in relation to any person, does not include being un-lawfully resident in New Zealandresidential care services means disability services suppliedto a person with a disability in a residential disability care in-stitution or rest home within the meaning of section 58(4) ofthe Health and Disability Services (Safety) Act 2001; and in-cludes(a) supervision and support services; and(b) hotel-type services (including the provision of sleeping

facilities, meals, laundry, cleaning services and sup-plies, household furniture and furnishings, lighting,heating, hot water, and other household utilities); and

(c) services that support daily living (including financialmanagement and gardening); and

(d) personal care services (including toileting, bathing, hairwashing, teeth cleaning, nail care, feeding, and mobil-ity); and

(e) services within that home intended to provide satisfyingactivity to the person (including the provision of educa-tional, social, recreational, and other activities); and

(f) clinical support services, including personal healthservices (within the meaning of the New ZealandPublic Health and Disability Act 2000), consultationswith a medical practitioner, pharmaceuticals, inconti-nence aids, and other treatment costs

rest homemeans a rest home as defined in section 58(4) of theHealth and Disability Services (Safety) Act 2001salary or wages includes commission, and any other remu-neration from employment

36



sheltered employment includes employment in a shelteredworkshop within the meaning of the Disabled Persons Em-ployment Promotion Act 1960sickness includes pregnancy after the 26th weeksingle means not married or in a civil union or a de facto rela-tionshipsole parent means a person who is the principal caregiver inrespect of a dependent child and who(a) is

(i) married or in a civil union, but living apart fromhis or her spouse or partner; or

(ii) not married or in a civil union; and(b) is not in a de facto relationshipspouse means the husband or wife of an applicant or benefi-ciary, as the context may requirestrike has the same meaning as in section 81 of the Employ-ment Relations Act 2000student allowance means an allowance established by regu-lations made under section 303 of the Education Act 1989suitable employment, in relation to a person, means employ-ment that the chief executive is satisfied is suitable for the per-son to undertake for a number of hours a week that is at leastthe employment required to satisfy the work test for that per-son (or, as the case may be, the persons obligations under sec-tion 60GAB)temporary employment means full employment for a periodof less than 26 weeksunion has the samemeaning as in section 5 of the EmploymentRelations Act 2000veterans pension means a veterans pension payable underPart 6 of the War Pensions Act 1954work preparation exercise has the meaning given to it in sec-tion 60HA(2)work test, in relation to a person, means the persons obliga-tions under section 102(2); and work test obligations has acorresponding meaning

37



work-test married rate(a) means, in relation to an unemployment benefit or a sick-

ness benefit, a rate in Schedule 8 or 9 that is payable toa person who is married or in a civil union or in a defacto relationship, other than a rate payable if the per-sons spouse or partner is entitled to a benefit in his orher own right:

(b) means, in relation to an invalids benefit,(i) a rate in Schedule 6 payable to a person who is

married or in a civil union or in a de facto rela-tionship, other than a rate payable if the personsspouse or partner is entitled to a benefit in his orher own right; and

(ii) includes the rate payable under section 42(2) tothe spouse or partner of a person receiving long-term residential care in a hospital or rest home:

(c) means, in relation to an emergency benefit,(i) a rate of the benefit payable to a person that in-

cludes a payment for the persons spouse or part-ner; and

(ii) includes an emergency benefit paid to the spouseor partner of a resident assessed as requiring care(as defined in section 136) under regulationsmade under section 155

work-tested beneficiary means a person who is(a) a person granted an unemployment benefit; or(b) a work-tested spouse or partner; or(c) [Repealed](d) [Repealed](e) [Repealed]work-tested benefit means(a) a community wage; or(b) [Repealed](c) [Repealed](d) [Repealed](e) in relation to a work-tested spouse or partner, includes

an emergency benefit or an invalids benefit

38


work-tested spouse or partner means a person who(a) has no dependent children, or whose youngest depend-

ent child is aged 6 years or more; and(b) has not been granted an exemption from the work test;

and is either(c) the spouse or partner of a person granted an unemploy-

ment benefit, a sickness benefit, or an invalids benefitor an emergency benefit, where the benefit is granted ata work-test married rate; or

(d) is the spouse or partner of a person who is receivinglong-term residential care in a hospital or rest home, isaged under 60 years, and is in receipt of an invalidsbenefit under section 42(2) or an emergency benefitunder regulations made under section 155

working day means any day of the week other than(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac

Day, Labour Day, the Sovereigns birthday, and Wai-tangi Day; and

(aa) the day observed as the anniversary of the appropriateprovince; and

(b) a day in the period commencing on the 25th day of De-cember in any year and ending with the 15th day ofJanuary in the following year

(2) For the purposes of this Act, a person shall be deemed notto have attained a given age until the commencement of therelevant anniversary of the day of his birth.

(2A) [Repealed](3) Except for the purposes of a means assessment under Part 4,

and notwithstanding the definition of the term income in sub-section (1), where it is necessary to determine, for the purposesof this Act or the Social Welfare (Transitional Provisions) Act1990 or Part 6 of the War Pensions Act 1954 or the NewZealand Superannuation and Retirement IncomeAct 2001, theincome of any person who(a) meets the residential qualification for New Zealand

superannuation set out in the New ZealandSuperannuation and Retirement Income Act 2001; and

(b) is aged 60 years or more and whose spouse (if any),being a spouse or partner whose age is less than that of

39

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the person whose income is being determined, is aged60 years or more; and

(c) is in receipt of a pension under a superannuation schemeregistered under the Superannuation Schemes Act 1989or of payments under an annuity paid in respect of apolicy of life insurance(i) offered or entered into in New Zealand by a life

insurer (as that term is defined in paragraph (a)of the definition of life insurer in section YA 1of the Income Tax Act 2007); or

(ii) ofered or entered into outside of New Zealandby a life insurer (as so defined) that is residentin New Zealand within the meaning of sectionYD 1 or YD 2 (excluding section YD 2(2)) ofthe Income Tax Act 2007; and

(d) commenced to receive payments of that pension orunder that annuity(i) before the 1st day of April 1992; and(ii) when that person was aged not less than 55 years

nor more than 59 years and when that personsspouse (if any), being a spouse or partner whoseage is less than that of the personwhose income isbeing determined, was aged 55 years or more,

50 percent of the amount received by that person under thatpension or under that annuity shall not be included in the in-come of that person.

(4) In considering, in respect of a person, whether any paymentor credit or service is an income-related insurance payment oris for an income-related purpose, as the case may be, the chiefexecutive shall have regard to the following matters:(a) the nature of the contingency in respect of which the

payment or credit or service was made or provided orused:

(b) the nature of the payment or credit or service:(c) the manner in which and the occasions on which the

payment or credit or service is made or provided orused:

40



(d) the manner in which the right or eligibility to the pay-ment or credit or service is expressed in any contract ofinsurance or in any other document:

(e) whether the payment or credit or service is required tobe made or provided to any other person and, if so, therelationship between them:

(f) whether the person has assigned his or her right to re-ceive the payment or credit or service:

(g) any other matters that the chief executive considers, inthe circumstances of the particular case, to be relevant.

(5) For the avoidance of doubt, a dependent child of a persongranted a benefit at a work-test married rate is also a depend-ent child of that persons spouse or partner for the purposes ofthe definition of the term work-tested spouse or partner insubsection (1).

(6) The definition of income in subsection (1) is at any time sub-ject to any rules then in force under section 132H.Compare: 1938 No 7 s 10; 1945 No 11 s 3; 1951 No 54 s 15; 1955 No 9 s 16(1);1958 No 46 s 26Section 3(1) activity in the community: inserted, on 2 July 2007, by section4(1) of the Social Security Amendment Act 2007 (2007 No 20).Section 3(1) Appeal Authority: inserted by section 2(1) of the Social SecurityAmendment Act 1973 (1973 No 34).Section 3(1) application: substituted, on 24 September 2007, by section 22(1)of the Social Security Amendment Act 2007 (2007 No 20).Section 3(1) assessable income: repealed by section 2 of the Social SecurityAmendment Act (No 4) 1991 (1991 No 124).Section 3(1) average wage: inserted, on 1 April 1997, by section 2(1) of theSocial Security Amendment Act 1996 (1996 No 20).Section 3(1) beneficiary proviso: repealed, on 1 April 1991, by section 2(1) ofthe Social Security Amendment Act 1991 (1991 No 1).Section 3(1) benefit: substituted, on 25 July 1990, by section 2(1) of the SocialSecurity Amendment Act No 2 1990 (1990 No 74).Section 3(1) benefit paragraph (a): amended, on 1 July 2001, by section 13(1)of the Social Security Amendment Act 2001 (2001 No 1).Section 3(1) benefit paragraph (aa): repealed, on 1 July 2001, by section 13(2)of the Social Security Amendment Act 2001 (2001 No 1).Section 3(1) benefit paragraph (b)(i): amended, on 12 October 2001, by section77 of the New Zealand Superannuation Act 2001 (2001 No 84).Section 3(1) benefit paragraph (b)(i): substituted, on 15 April 2003, by section12(1) of the War Pensions Amendment Act 2003 (2003 No 18).

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Section 3(1) benefit paragraph (b)(i): amended, on 21 April 2005, by section9(1)of the New Zealand Superannuation and Retirement Income AmendmentAct 2005 (2005 No 42).Section 3(1) benefitparagraph (b)(ia): repealed, on 15 April 2005, by section3(1) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No30).Section 3(1) benefit paragraph (b)(ii): amended, on 12October 2001, by section77 of the New Zealand Superannuation Act 2001 (2001 No 84).Section 3(1) benefit paragraph (b)(ii): substituted, on 15 April 2003, by section12(1) of the War Pensions Amendment Act 2003 (2003 No 18).Section 3(1) benefit paragraph (b)(ii): amended, on 21 April 2005, by section9(1) of the New Zealand Superannuation and Retirement Income AmendmentAct 2005 (2005 No 42).Section 3(1) benefit paragraph (b)(iii): substituted, on 1 July 1993, by section2(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57)Section 3(1) benefit paragraph (b)(iv): substituted, on 1 September 1998, bysection 11(2) of the Social Security Amendment Act 1998 (1998 No 19).Section 3(1) benefit paragraph (b)(iva): inserted, on 4 October 2004, by section11(2) of the Social Security (Working for Families) Amendment Act 2004 (2004No 51).Section 3(1) benefit paragraph (b)(v): repealed, on 1 October 1998, by section18(4) of the Social Security Amendment Act 1998 (1998 No 19).Section 3(1) benefit new paragraph (b)(v): inserted, on 17 November 2000, bysection 7(1) of the Housing Restructuring (Income-Related Rents) AmendmentAct 2000 (2000 No 22).Section 3(1) benefit paragraphs (b)(va) to (viii): repealed, on 17 November2000, by section 7(1) of the Housing Restructuring (Income-Related Rents)Amendment Act 2000 (2000 No 22).Section 3(1) capacity for work: inserted, on 1 September 1998, by section11(1) of the Social Security Amendment Act 1998 (1998 No 19).Section 3(1) ceased: inserted, on 1 March 1991, by section 2(3) of the SocialSecurity Amendment Act 1991 (1991 No 1).Section 3(1) ceased: substituted, on 30 November 1992, by section 2(1) of theSocial Security Amendment Act (No 4) 1992 (1992 No 99).Section 3(1) ceased: amended, on 1 January 1994, by section 2 of the SocialSecurity Amendment Act 1993 (1993 No 14).Section 3(1) chief executive: inserted, on 1 September 1998, by section 11(1)of the Social Security Amendment Act 1998 (1998 No 19).Section 3(1) chief executive: substituted, on 1 October 1998, by section 11 ofthe Employment Services and Income Support Integrated Administration) Act1998 (1998 No 96).Section 3(1) child: substituted, on 1 October 1982, by section 2(1) of the SocialSecurity Amendment Act 1982 (1982 No 16).Section 3(1) child: substituted, on 1 March 1991, by section 2(2) of the SocialSecurity Amendment Act 1991 (1991 No 1).

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Section 3(1) child: amended, on 26 April 2005, by section 3 of the Social Se-curity Amendment Act 2005 (2005 No 21).Section 3(1) Commission: repealed, on 23 June 1987, by section 2(1)(a) of theSocial Security Amendment Act 1987 (1987 No 106).Section 3(1) community task force project: repealed, on 1 October 1998, bysection 18(5) of the Social Security Amendment Act 1998 (1998 No 19).Section 3(1) community wage: repealed, on 1 July 2001, by section 13(9) ofthe Social Security Amendment Act 2001 (2001 No 1).Section 3(1) community wage earner: repealed, on 1 July 2001, by section13(9) of the Social Security Amendment Act 2001 (2001 No 1).Section 3(1) contract of insurance: inserted, on 2 October 1994, by section3(1) of the Social Security Amendment Act 1994 (1994 No 86).Section 3(1) contract of insurance: words substituted, on 1 October 1998, bysection 11 of the Employment Services and Income Support (Integrated Admin-istration) Act 1998 (1998 No 96).Section 3(1) date of first contact: inserted, on 24 September 2007, by section22(1) of the Social Security Amendment Act 2007 (2007 No 20).Section 3(1) debt insurance payment: inserted, on 2 October 1994, by section3(1) of the Social Security Amendment Act 1994 (1994 No 86).Section 3(1) dependent child: substituted, on 24 August 2010, by section 4(1)of the Social Security (New Work Tests, Incentives, and Obligations) Amend-ment Act 2010 (2010 No 105).Section 3(1) dentist: inserted, on 18 September 2004, by section 175(1) of theHealth Practitioners Competence Assurance Act 2003 (2003 No 48).Section 3(1) department: substituted, on 1 April 1990, by section 34(1) of theSocial Welfare (Transitional Provisions) Act 1990 (1990 No 26).Section 3(1) department: substituted, on 1 October 1998, by section 11 of theEmployment Services and Income Support IntegratedAdministration) Act 1998(1998 No 96).Section 3(1) Director-General: repealed, on 1 October 1998, by section 11 ofthe Employment Services and Income Support (Integrated Administration) Act1998 (1998 No 96).Section 3(1) disability services: substituted, on 1 January 2001, by section111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No91).Section 3(1) district health board: inserted, on 1 January 2001, by section111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No91).Section 3(1) document: inserted, on 30 June 1993, by section 3(3) of the SocialSecurity Amendment Act (No 3) 1993 (1993 No 57).Section 3(1) domestic epidemic management notice: inserted, on 19 De-cember 2006, by section 4 of the Social Security Amendment Act 2006 (2006No 90).Section 3(1) employment: inserted, on 1 September 1998, by section 11(1) ofthe Social Security Amendment Act 1998 (1998 No 19).

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Section 3(1) employment required to satisfy the work test: inserted, on 1 Oc-tober 1998, by section 2(1) of the Social Security (Work Test) Amendment Act1998 (1998 No 94).Section 3(1) employment required to satisfy the work test: substituted, on2 July 2007, by section 4(1) of the Social Security Amendment Act 2007 (2007No 20).Section 3(1) existing debt: inserted, on 2 October 1994, by section 3(1) of theSocial Security Amendment Act 1994 (1994 No 86).Section 3(1) family maintenance allowance: repealed, on 20 October 1972,by section 2 of the Social Security Amendment Act 1972 (1972 No 133).Section 3(1) financially independent: inserted, on 1 March 1991, by section2(2) of the Social Security Amendment Act 1991 (1991 No 1).Section 3(1) financially independent paragraph (c): word substituted, on 1 Oc-tober 1998, by section 11 of the Employment Services and Income Support (In-tegrated Administration) Act 1998 (1998 No 96).Section 3(1) financially independent paragraph (b): substituted, on 1 October1998, pursuant to regulation 49 of the Student Allowance Regulations 1998 (SR1988/277).Section 3(1)financially independent: paragraph (d): amended, on 17 Novem-ber 2000, by section 7(1) of the Housing Restructuring (Income-Related Rents)Amendment Act 2000 (2000 No 22) .Section 3(1) friendly society: words substituted, on 1 April 1983, pursuantto section 161(2) of the Friendly Societies and Credit Unions Act 1982 (1982No 118).Section 3(1) full employment: inserted, on 1 October 1986, by section 2(3) ofthe Social Security Amendment Act 1986 (1986 No 39).Section 3(1) full employment: amended, on 1 October 1998, by section 18(6)of the Social Security Amendment Act 1998 (1998 No 19).Section 3(1) full-time student: inserted, on 1 October 1998, by section 18(1)of the Social Security Amendment Act 1998 (1998 No 19).Section 3(1) full-time student: words substituted, on 1 October 1998, pursuantto regulation 49 of the Student Allowances Regulations 1998 (SR 1998/277).section 3(1) funder: inserted, on 15 November 2000, by section 3(1) of theSocial Security Amendment Act 2000 (2000 No 81).Section 3(1)Government occupational

SocialSecurityAct1964 - Legislation€¦ · Amendment Act (No 2) ... test[Repealed] 160 60JC Reductionofbenefitornon-entitlementperiodtoendif ... 69E Interpretation[Repealed] 237

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