Section 442 — Social Security Act 2018: Regulations: payments
Text of the provision Official document
442 Regulations: payments (1) The Governor-General may, by Order in Council, make regulations for the purposes of section 337 . (2) Regulations made under subsection (1) may (without limitation) do all or any of the following: (a) specify default determinations, and exceptions, for the purposes of section 340 (required manner of payment: general): (b) specify when MSD may or must pay an advance payment of a benefit to a preferred supplier of goods or services: (c) provide for redirection arrangements for requested fixed period preferred supply of goods or services: (d) provide for payments made in respect of a benefit granted under section 64 to be provisional only, and, if MSD believes on reasonable grounds that the benefit should not have been granted (or that too much was paid in respect of it), for the person granted it to be liable to repay the amount paid (or what MSD considers to be the amount of the excess) under regulations made under section 444 : (e) provide for apportionment, between a beneficiary and spouse or partner, of all or any of the following (other than benefits specified in subsection (3)): (i) a benefit payable at a rate prescribed for a person who is in a relationship (a couple rate ): (ii) any other benefits payable under this Act: (f) provide that, when a benefit is apportioned under the regulations, the proportion paid to a person is for the purposes of the Income Tax Act 2007 income of that person. (3) No regulations made under subsection (1) or (2)(e) can provide for apportionment of— (a) a benefit paid under clause 5 or 6 of Part 3 (supported living payment) of Schedule 4; or (b) a supported living payment that, under section 38(2) or (3) , is not apportioned; or (c) a youth support payment, or of any other benefit payable to a person receiving a youth support payment. Compare: 1964 No 136 ss 61CC(2) , 82(3), (5), (6A), (6AA), (6AB), (6AC), (6F), (6G) , 83 , 132 ; SR 2007/229 r 5
Official source: legislation.govt.nz
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