Section 436 — Social Security Act 2018: Regulations: factors affecting benefits: absence from New Zealand

436 Regulations: factors affecting benefits: absence from New Zealand (1) The Governor-General may, by Order in Council, make regulations for the purposes of section 219 . (2) Regulations made under subsection (1) may (without limitation) do all or any of the following: (a) prescribe exceptions to the general rule in section 219 , and that the regulations require MSD, or give MSD discretion, to apply in a particular case, for example,— (i) because a beneficiary who intends to be absent from New Zealand has not performed the duty imposed by section 114(1) to notify MSD, before leaving New Zealand, of the beneficiary’s intended absence, but has, after leaving New Zealand, notified MSD of the beneficiary’s absence as required by regulations made under paragraph (b); or (ii) because a beneficiary’s absence from New Zealand, and failure to notify MSD of the absence until after the beneficiary has left New Zealand, or returned to New Zealand after the absence, in a particular case, is justified for 1 or more humanitarian reasons (as that term is defined by the regulations): (b) require beneficiaries who have not performed the duty imposed by section 114(1) and who are of kinds specified in the regulations to notify MSD of their absences from New Zealand, and provide that, despite section 219 and other provisions of the regulations, their benefits are payable from the date of notification of their absence from New Zealand: (c) authorise MSD, in its discretion, if a benefit is under the regulations payable on and after a date in respect of a beneficiary’s absence from New Zealand, to pay that benefit to the beneficiary for— (i) a period starting on that date, and of a duration specified in the regulations; or (ii) a longer period, if MSD is satisfied payment of the benefit complies with any applicable criteria prescribed by the regulations. (3) Regulations made under subsection (1) do not apply to a benefit payable under— (a) subpart 11 of Part 2 (winter energy payment); or (b) sections 21 to 35 of the New Zealand Superannuation and Retirement Income Act 2001; or (c) sections 176 to 196 of the Veterans’ Support Act 2014; or (d) any reciprocity agreement with another country adopted by an order made under section 380 . Compare: 1964 No 136 s 77