Section Sch1-5 — Social Security Act 2018: Conditions of entitlement under clause 4
Text of the provision Official document
5 Conditions of entitlement under clause 4 (1) Entitlement to the corresponding assistance, and the rate of benefit that is being or was paid, may be reviewed under subpart 3 of Part 6. (2) Entitlement to the corresponding assistance is subject to conditions, obligations, exemptions from obligations, failures, and related sanctions (for example, reductions, suspensions, and cancellations, and disentitlements to receive benefits for a specified period) for the former assistance and under provisions of the Social Security Act 1964 , and those conditions, obligations, exemptions from obligations, failures, and related sanctions continue for the corresponding assistance, and under the corresponding provisions of this Act. (3) Entitlement to the corresponding assistance is subject to the expiry date of the former assistance, and also to a notice given to, or requirement imposed on, the person under the Social Security Act 1964 before the changeover (for example, a notice stating that the person’s entitlement to the former assistance will cease unless the person reapplies for the former assistance and it is regranted). The notice or requirement continues in force after the changeover as if it had been given or imposed under the corresponding provisions of this Act and in respect of the corresponding assistance. (4) Entitlement to the corresponding assistance is subject to non-entitlement periods under the Social Security Act 1964 , and those non-entitlement periods continue for the corresponding assistance, and under the corresponding provisions of this Act. (5) Entitlement to the corresponding assistance is subject to any other reductions, and to increases, in the rate of benefit, that were in place under the Social Security Act 1964 (for example, under section 61EC(4)(b) , 61G(6)(c) , 63 , 69C(4) , 70(1) , 70A , 71A , 73(1) , 74(1) , or 75 of that Act, or under a provision of that Act requiring or permitting an income-based adjustment to a rate of benefit). (6) Those other reductions, and increases, are saved by this subclause as if they were required or permitted, and put in place, under the corresponding provisions of this Act, and in respect of the assistance or corresponding assistance concerned.
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →