Section Sch2 — Social Security Act 2018: Dictionary

Schedule 2 Dictionary ss 4 , 5 , 6 , 141 , 168 , 187 , 222 , 271 , 282 , 313 , 324 , 351 , 418 , 423 , 452 , Schedules 1 , 4 , 6 In this Act, unless the context otherwise requires,— abatement rate means the rate at which a rate of benefit (for example, specified in Schedule 4 ) must, under the appropriate income test, be reduced on account of income accommodation costs — (a) is defined in section 65(2) for the purposes of subpart 10 of Part 2 and Part 7 of Schedule 4 (accommodation supplement); and (b) is defined in section 162 (obligations of young person granted youth support payment) for the purposes of that section; but (c) is modified, for both of those purposes, by clause 18 of Schedule 3 (how accommodation costs affected by debt insurance payment in relation to mortgage security) action or inaction on MSD’s part , in section 318 , includes the meaning given to it by section 318(3) activity in the community means an activity associated with a community project under the supervision of a sponsor who is contracted by MSD to provide the activity addiction treatment is defined in section 250(2) for the purposes of section 250(1) advantage is defined in section 290(3) for the purposes of section 290 allowable costs is defined in section 98 for the purposes of subpart 16 of Part 2 and section 428(2)(c) appeal authority or authority means an authority that is— (a) the social security appeal authority established under section 401(1) and clause 1 of Schedule 8; or (b) a special social security appeal authority established under section 401(1) and clause 4 of Schedule 8 applicant ,— (a) in relation to a benefit,— (i) means a person by whom or on whose behalf an application is made for the benefit; and (ii) if the context so requires, includes a beneficiary; but (b) in subpart 16 of Part 2 and section 428 , is modified by section 98 application means an application for a benefit apportioned , in relation to a benefit, and for the purposes of sections 38 , 359 , 361 , 391 , and 399 , means apportioned under regulations made under section 442(1), (2)(e), and (3) appropriate number of weeks is defined in clause 11 of Schedule 3 for the purposes of clauses 12 to 14 of Schedule 3 approved activities is defined in section 324(1) for the purposes of section 324 approved early childhood education programme — (a) is defined in regulations made under section 430 for the purposes of sections 131 to 134 ( see also sections 137 and 424(a)(ii) and clause 4 of Schedule 1); and (b) is defined in section 169 for the purposes of sections 164 to 167 approved period of employment is defined in section 323(3) for the purposes of section 323(2) approved training is defined in section 162(3) for the purposes of sections 162 , 166 , and 167 approved weekly accommodation is defined in section 78(2) for the purposes of section 78(1) Area 1, Area 2, Area 3, and Area 4 — (a) are defined in regulations made under section 423 for the purposes of subpart 10 of Part 2 and Part 7 of Schedule 4 (accommodation supplement); but (b) until the commencement of the first regulations made under that section, refer to the terms defined in clause 8 of Part 7 of Schedule 4 assessable estate is defined in section 90(2) for the purposes of subpart 15 of Part 2 (funeral grants) bank account is defined in section 111(2) for the purposes of section 111(1) base rate , of accommodation supplement, has the meaning given to it by regulations made under section 423(1)(d) beneficiary — (a) means a person who is— (i) a person who has been granted a benefit; or (ii) a person in respect of whom a benefit, or part of a benefit, has been granted; but (b) is defined in clause 13(6) of Schedule 6 for the purposes of clause 13 of Schedule 6 benefit — (a) means any of the following: (i) a monetary benefit payable under this Act (including, without limitation, payable under a reciprocity agreement adopted by an order made under section 380 ) other than a funeral grant lump sum payable under section 90 : Examples Jobseeker support Sole parent support Supported living payment on the ground of restricted work capacity or total blindness Supported living payment on the ground of caring for another person Orphan’s benefit Unsupported child’s benefit Youth payment Young parent payment Incentive payment Emergency benefit Accommodation supplement Winter energy payment Childcare assistance Child disability allowance Disability allowance Temporary additional support (ii) a special benefit continued under section 23 of the Social Security (Working for Families) Amendment Act 2004 (as that section is saved by clause 19 of Schedule 1 of this Act): (iii) New Zealand superannuation (including, without limitation, New Zealand superannuation payable under a reciprocity agreement adopted by an order made under section 380 ): (iv) a veteran’s pension (including, without limitation, a veteran’s pension payable under a reciprocity agreement adopted by an order made under section 380 ): (v) an amount for income tax that is paid under section 350(2) , and that under section 351(a) must, for the purposes of this Act, be considered to be a payment of a benefit; but (b) is defined in section 229 for the purposes of sections 225 to 229 ; and (c) is defined in section 310(3) for the purposes of section 310 ; and (d) is defined in clause 13(6) of Schedule 6 for the purposes of clause 13 of Schedule 6 capacity for work means, in relation to a person, the person’s capacity to engage in employment, as determined having regard to any health condition, injury, or disability the person may have cash assets — (a) is defined in section 68 for the purposes of subpart 10 of Part 2 and Part 7 of Schedule 4 (accommodation supplement); but (b) may be modified, for those purposes ( see section 68(2)(c) ), by regulations made under section 423(1)(b) ; and (c) is defined in section 98 for the purposes of subpart 16 of Part 2 and section 428(2)(f) (temporary additional support) ceased , in relation to a person’s employment, means,— (a) if the person received no specified termination payments in relation to the termination of the person’s employment, the date on which the person’s employment terminates; or (b) if the person received specified termination payments in relation to the termination of the person’s employment, a date that is the number of days (excluding Saturdays and Sundays) after the date on which the person’s employment terminated that is equal to the nearest whole number produced by dividing the total amount of those payments by the amount of the person’s normal daily wage or salary before termination of the person’s employment change in the beneficiary’s relationship status is defined in section 113(3) for the purposes of section 113(2)(a) changeover is defined in clause 1 of Schedule 1 for the purposes of that schedule chargeable income is defined in section 98 for the purposes of subpart 16 of Part 2 and section 428(2)(d) chief executive means the chief executive of the responsible department child — (a) means a single person under the age of 18 years, other than a person who is— (i) aged 16 or 17 years; and (ii) financially independent; but (b) is defined in section 32(4) for the purposes of section 32 (sole parent support: situation of split care); and (c) is defined in section 90(2) for the purposes of subpart 15 of Part 2 (funeral grants) child with a serious disability is defined in section 79 for the purposes of subpart 13 of Part 2 compensation or damages is defined in section 197(5) for the purposes of section 197 competent institution is defined in section 382 for the purposes of subpart 7 of Part 6 contract of insurance includes a contract or an arrangement that, in MSD’s opinion, is similar to a contract of insurance contracted service provider has the same meaning as in section 373(1) controlled drug — (a) is defined in section 152 for the purposes of sections 147 to 152 ; and (b) has, in sections 250 , 263 , and 411 , the same meaning as in section 152 core check — (a) is defined in regulations made under section 430 for the purpose of section 134 ( see also section 137 ); and (b) is defined in section 169 for the purposes of section 164 and 167 corresponding assistance is defined in clause 4 of Schedule 1 for the purposes of that clause CPI is defined in section 453(6) for the purposes of section 453 custody in prison is defined in section 217(2) for the purposes of sections 217 and 218 custody on remand is defined in section 217(2) for the purposes of sections 217 and 218 CYPFA order or agreement means— (a) an order made under section 78 , 101 , or 283(n) of the Oranga Tamariki Act 1989; or (b) a sole guardianship order made under section 110 of that Act; or (c) an agreement made under section 140 of that Act date of first contact , in relation to a person’s application for a benefit, means the date on which MSD first received from the person (or some other person acting on the person’s behalf) the oral or written request for financial assistance that led to the making of the application debt insurance payment , in section 433(2)(b) and clauses 18 , 20 , and 21 of Schedule 3, in relation to a person, means a payment made, or the value of any credit provided, on the occurrence of a contingency, and— (a) under a contract of insurance or by reason of the person’s membership of any society, organisation, or body whether corporate or unincorporate; and (b) to the person or to some other person on behalf of or for the benefit of the person; and (c) for the sole purpose of, and used for, repaying or paying any amounts on account of any debt or liability of the person that is— (i) in existence (whether or not due for payment) on the date on which a contingency occurs that gives rise to a right or an eligibility of the person to receive a payment under a contract of insurance, or by reason of the person’s membership of any (corporate or unincorporated) society, organisation, or body; and (ii) not a liability in connection with the future supply of goods or services, transport, or accommodation to the person or a member of the person’s family; and (d) that must, to the extent MSD determines, be reduced by the amount of any costs incurred by the person in obtaining receipt of that payment or provision of that credit debtor’s payer , in relation to a debtor, means any of the following: (a) a person who is or becomes liable to pay a sum of money to the debtor: (b) the Accident Compensation Corporation (continued by section 259 of the Accident Compensation Act 2001) or an accredited employer (as defined in section 6(1) of that Act) in respect of weekly compensation payable to the debtor under that Act: (c) a department (of the Public Service) specified in Schedule 1 of the State Sector Act 1988 in respect of salary or wages payable to the debtor as an employee of the department de facto partner and de facto relationship have the same meanings as in sections 29 and 29A of the Interpretation Act 1999 dependent child ,— (a) in relation to a person, means any other person who— (i) is a child (other than a child in respect of whom payments are being made under section 363 of the Oranga Tamariki Act 1989)— (A) whose care is primarily the responsibility of the person; and (B) who is being maintained as a member of that person’s family; and (C) who is financially dependent on that person; or (ii) is a child or a young person (as defined in section 2(1) of the Oranga Tamariki Act 1989)— (A) of whom the person is a parent within the meaning of that Act; and (B) to whom section 361 of that Act applies; and (C) who, under section 362 of that Act, is placed in the charge of the person; and (iii) is not a child in respect of whom a young parent payment is being paid in relation to a person who is not the child’s parent or step-parent; and (iv) is not a child in respect of whom an orphan’s benefit or an unsupported child’s benefit is being paid (but the exclusion in this paragraph applies only for the purposes of Parts 1 , 2 , 3 , 6 , 7 , 11 , and 12 of Schedule 4); and (b) for the purposes of clause 1(a) and (b) of Part 8 of Schedule 4 (rates of winter energy payment), has the meaning given to it by clause 2 of Part 8 of Schedule 4 disability is defined in section 84 for the purposes of subpart 14 of Part 2 document means any of the following: (a) any material, whether or not it is signed or otherwise authenticated, that bears symbols (including words and figures), images, or sounds or from which symbols, images, or sounds can be derived, including (without limitation) material that is any of the following: (i) a label, marking, or other writing that identifies or describes a thing of which it forms part, or to which it is attached: (ii) a book, map, plan, graph, or drawing: (iii) a photograph, film, or negative: (b) information electronically recorded or stored (including, without limitation, an audio or video file or recording), or information derived from that information: (c) a copy of, or part of, a document as defined in paragraph (a) or (b) domestic epidemic management notice means a notice given under section 8(1) of the Epidemic Preparedness Act 2006 stating that the application of this Act is modified in order to deal with the practical effects of the outbreak of the disease referred to in the notice drug test — (a) is defined in section 152 for the purposes of sections 147 to 152 ; and (b) has, in sections 154 , 250 , 264 , 265 , and 266 , the same meaning as in section 152 drug test failure is defined in section 263(1) for the purposes of section 263 drug-testing obligation , in sections 250 , 261 , 263 , and 418(1)(j) , means an obligation under section 146(1)(e) ( see also sections 265 and 411 ) employee is defined in clause 20(5) of Schedule 6 for the purposes of clause 20 of Schedule 6 employment ,— (a) means paid employment; but (b) is defined in section 229 for the purposes of sections 225 to 229 employment required to satisfy the work test means,— (a) for a part-time work-tested beneficiary, part-time work: (b) for any other work-tested beneficiary, full-time employment equivalent benefit is defined in section 63(4) for the purposes of section 63 essential costs is defined in section 98 for the purposes of subpart 16 of Part 2 and section 428 evidential drug test is defined in section 152 for the purposes of sections 147 to 152 expiry date , in relation to a specified benefit, is defined in section 331 for the purposes of sections 331 to 336 fail — (a) is defined in section 152 for the purposes of sections 147 to 152 ; and (b) in sections 258 to 260 , 264 , and 265 , has the meaning given to it by section 152 failure — (a) is defined in section 235 for the purposes of subpart 2 of Part 5 ( see also the definitions, in this schedule, of first, second, and third failure); and (b) in section 233(d) , is affected by the operation of section 259 ; and (c) is defined in section 268 for the purposes of subpart 3 of Part 5 ( see also the definitions, in this schedule, of first, second, and third failure) fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest financially independent , in relation to a person, means— (a) in full employment; or (b) receiving a basic grant or an independent circumstances grant under— (i) the Student Allowances Regulations 1998 ; or (ii) corresponding replacement regulations made under all or any of sections 303 , 306 , and 307 of the Education Act 1989; or (c) receiving payments under a Government-assisted scheme that MSD considers analogous to a main benefit under this Act; or (d) receiving a main benefit under this Act fine is defined in clause 13(6) of Schedule 6 for the purposes of clause 13 of Schedule 6 first failure — (a) is defined in section 235 for the purposes of subpart 2 of Part 5; and (b) is defined in section 268 for the purposes of subpart 3 of Part 5 former assistance — (a) is defined in clause 4 of Schedule 1 for the purposes of clauses 4 and 5 of Schedule 1; and (b) is defined in clause 6(1)(a)(i) of Schedule 1 for the purposes of clause 6 of Schedule 1 friendly society means a friendly society, or a friendly society’s branch, registered under the Friendly Societies and Credit Unions Act 1982 full employment or full-time employment , in relation to any person, means— (a) employment under a contract of service or an apprenticeship, and that requires the person to work, whether on time or piece rates, no less than an average of 30 hours each week; or (b) self-employment of the person in any business, profession, trade, manufacture, or undertaking, and that is carried on for pecuniary profit for no less than an average of 30 hours each week; or (c) employment of the person for any number of hours, and that is regarded as full-time employment for the purposes of any award, agreement, or contract relating to that employment full-time course — (a) is defined in section 162(3) for the purposes of sections 162, 166 , and 167 ; and (b) in this schedule, has the same meaning as in section 162(3) full-time education or training , in sections 50 and 57 , means a full-time course of— (a) secondary instruction; or (b) tertiary education; or (c) approved training; or (d) approved work-based learning full-time student means a person— (a) who is enrolled in a full-time course within the meaning of— (i) the Student Allowances Regulations 1998 ; or (ii) corresponding replacement regulations made under all or any of sections 303 , 306 , and 307 of the Education Act 1989; or (b) who, during an academic year that has just ended or is about to end, was so enrolled, and who intends to so enrol in the next academic year goods or services , in sections 339 , 341 , 366 to 372 , and 442 , clause 41(7) of Schedule 1, and this schedule, includes goods and services Government occupational pension , in sections 172 and 187 ,— (a) means a benefit, pension, or periodical allowance paid by or on behalf of the Government of a country to a person by reason of— (i) a period of employment, direct or indirect, by that Government of that person or that person’s deceased spouse or partner or that person’s deceased parent; or (ii) a period of service to that Government (including, without limitation, service in the armed forces, service in the Police, and service as a judicial officer or other person acting judicially) by that person or that person’s deceased spouse or partner or that person’s deceased parent; but (b) does not include any part of that benefit, pension, or periodical allowance that is paid by the Government of that country by reason of anything other than that period of employment or service; and (c) does not include any part of that benefit, pension, or periodical allowance to which the Government of that country contributes by reason of anything other than that period of employment or service; and (d) does not include a benefit, pension, or periodical allowance of the kind specified in paragraph (a) if the person would have been entitled to receive a similar benefit, pension, or periodical allowance paid by, or on behalf of, the Government of that country under a scheme or other arrangement in respect of persons who were not employees or in the service of that Government health condition includes pregnancy after the 26th week health or disability insurance payment , in relation to a person, means a payment made, or the value of any credit or service provided, on the occurrence of a contingency, and that is a payment, credit, or service— (a) made or provided— (i) under a contract of insurance, or by reason of the person’s membership of any society, organisation, or body (whether corporate or unincorporate), that provides for the payment or reimbursement of the costs of health or disability care for the person or a member of the person’s family; and (ii) to the person, or to some other person on behalf of, or for the benefit of, the person or a member of the person’s family; and (b) used for paying or reimbursing those costs; and (c) that must, to the extent MSD determines, be reduced by the amount of any costs incurred by the person in obtaining receipt of that payment health practitioner — (a) means a person who is, or is deemed to be, registered with an authority as a practitioner of a particular health profession under the Health Practitioners Competence Assurance Act 2003 ; but (b) is defined in section 85(4) for the purposes of section 85 held , in relation to personal information about a person, is defined in clause 20(5) of Schedule 6 for the purposes of clause 20 of Schedule 6 hospital — (a) means a hospital care institution as defined in section 58(4) of the Health and Disability Services (Safety) Act 2001; but (b) in sections 206 and 207 , means a hospital operated by a district health board within the meaning of the New Zealand Public Health and Disability Act 2000 in a relationship , for a person, means that the person is— (a) married; or (b) in a civil union; or (c) in a de facto relationship in-hand allowance means, for the purposes of sections 270 , 280 , and 341 , the component of a youth support payment set out in clause 7 of Part 6 of Schedule 4 incentive payment , for the purposes of sections 55 , 62 , 166 , 167 , 270 , 271 , 276 , 280 to 282 , 288 , 289 , 418(1)(c) and (d) , 452(2)(i) , and 453(2)(f) , means a payment referred to in any of clauses 8 to 10 of Part 6 of Schedule 4 income has the meaning given to it by Part 2 of Schedule 3, unless that meaning is modified by other enactments in or made under this Act (for example, the following enactments: (a) section 423(3) , which requires specified amounts of cash assets to be treated as specified amounts of income for the purposes of regulations made under section 423(1)(e) , providing for required income-based reductions to the assessed base rate amount of accommodation supplement: (b) regulations made under section 424(2)(d) , defining the kinds of income, benefits, credits, and receipts to be treated as income for the purposes of subpart 12 of Part 2 (childcare assistance): (c) rules made under clause 15 of Schedule 3, on MSD’s determining the income of people engaged in business or trade: (d) clause 16(3) of Schedule 3, which modifies that meaning for the purposes of clauses 16 and 17 of Schedule 3) income-related insurance payment , in relation to a person, means a payment, or the value of a credit or service, that, in MSD’s opinion, having regard to the matters specified in clause 10 of Schedule 3, is— (a) made or provided on the occurrence of a contingency under a contract of insurance or by reason of the person’s membership of any society, organisation, or body whether corporate or unincorporate; and (b) made or provided to the person, or to some other person on behalf of, or for the benefit of, the person or a member of the person’s family; and (c) made or provided or used for an income-related purpose income-related purpose , in relation to a person, means the purpose of— (a) replacing lost or diminished income; or (b) maintaining the person or a member of the person’s family; or (c) purchasing, for the person, or for a member of the person’s family, goods or services of a kind that are commonly paid for from income; or (d) enabling the person to make payments that the person is liable to make and that are commonly made from income income tax means income tax under the Income Tax Act 2007 Income Test 1 means that the applicable rate of benefit must be reduced— (a) by 30 cents for every $1 of the total income of the beneficiary and the beneficiary’s spouse or partner that is more than $100 a week but not more than $200 a week; and (b) by 70 cents for every $1 of that income that is more than $200 a week Income Test 2 means that the applicable rate of benefit must be reduced— (a) by 15 cents for every $1 of the total income of the beneficiary and the beneficiary’s spouse or partner that is more than $100 a week but not more than $200 a week; and (b) by 35 cents for every $1 of that income that is more than $200 a week Income Test 3 means that the applicable rate of benefit must be reduced by 70 cents for every $1 of total income of the beneficiary and the beneficiary’s spouse or partner that is more than,— (a) if the rate of benefit is a rate of New Zealand superannuation stated in clause 2 of Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001, $100 a week; or (b) in any other case, $80 a week Income Test 4 means that the applicable rate of benefit must be reduced by 35 cents for every $1 of the total income of the beneficiary and the beneficiary’s spouse or partner that is more than $80 a week income-tested benefit is defined in section 349 for the purposes of sections 349 , 350 , 351 , and 352 information-matching programme is defined in clause 6(4)(a) of Schedule 6 for the purposes of clauses 6 and 7 of Schedule 6 institution for the treatment of alcoholism or drug addiction is defined in section 208(3) for the purposes of section 208(1) institutional care is defined in section 40(3) for the purposes of subpart 4 of Part 2 (supported living payment) job-search activity means an activity undertaken by a work-tested beneficiary for the purpose of seeking or obtaining employment lawyer is defined in clause 4(7) of Schedule 6 for the purposes of clauses 4 and 9 of Schedule 6 living with a parent is defined in clause 8 of, for the purposes of clause 1(a)(i) of, Part 1 of Schedule 4 (rates of jobseeker support) main benefit under this Act or main benefit , means a benefit under this Act that is— (a) jobseeker support; or (b) sole parent support; or (c) a supported living payment on the ground of restricted work capacity or total blindness, under section 34 ; or (d) a supported living payment on the ground of caring for another person, under section 40 ; or (e) a youth payment; or (f) a young parent payment; or (g) an emergency benefit maintenance debt is defined in clause 49 of Schedule 1 for the purposes of that clause Maori is defined in section 438(2)(f)(i) for the purposes of section 438(2)(f) medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine Minister , for the provisions of this Act, means (except so far as any other enactment overrides this definition) the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of those provisions money management manner of payment , in relation to payment of a benefit, means a manner of payment, prescribed in regulations made under section 418(1)(k) , that is designed to assist certain young people to manage their money effectively mortgage security , for the purposes of subpart 10 of Part 2 and Part 7 of Schedule 4 (accommodation supplement), includes— (a) a deferred payment disposition (which means a contract under which a person sells or agrees to sell property or provides or agrees to provide services (whether or not possession of the property is given, or the services are provided, before all money payable under the contract has been paid) in consideration of a promise by another person to pay, or to procure the payment of, in the future and in respect of the sale or provision, a sum or sums of money exceeding in total the cash price of the property or services): (b) money secured over a person’s share or shares in any flat owning company within the meaning of subpart 6 of Part 3 of the Land Transfer Act 2017: (c) money payable under and secured by a deferred payment licence under the Land Act 1948 MSD — (a) means the responsible department (as defined in this schedule); but (b) for a duty, function, or power that MSD must or may perform or exercise, means— (i) the chief executive of the responsible department; or (ii) a Public Service employee, or other person, acting under a delegation (direct or indirect) from that chief executive; and (c) in clause 2 of Schedule 6 (power to obtain information by notice), includes ( see clause 2(2) of Schedule 6) an MSD employee who is identified in a notice given under that clause MSD employee means an employee— (a) of the chief executive of the responsible department; and (b) acting under a delegation for the purposes of this Act (direct or indirect) from that chief executive NCEA level 2 , in sections 50 , 57 , 162 , 166 , and 167 , means a level 2 National Certificate of Educational Achievement issued by the New Zealand Qualifications Authority established under Part 20 of the Education Act 1989 necessary consents and authorisations is defined in section 257(3) for the purposes of sections 257 and 258 New Zealand superannuation means New Zealand superannuation payable under Part 1 of the New Zealand Superannuation and Retirement Income Act 2001 non-assessable estate is defined in section 90(2) for the purposes of subpart 15 of Part 2 (funeral grants) non-entitlement period , in relation to a person, means a period during which the person is not entitled to a benefit because the person— (a) became voluntarily unemployed; or (b) lost the person’s employment, or position on a scheme, through misconduct; or (c) failed to comply with the work test or a work-test obligation, or with any other obligation referred to in section 233 (obligations that carry sanction for failure to comply); or (d) failed to comply with an obligation under section 162 (obligations of young person granted youth support payment) or 166 or 167 (obligations of young person who is spouse or partner of specified beneficiary); or (e) failed to comply with an obligation under section 164 (obligations of young person granted young parent payment) nurse is defined in clause 1(4) of Schedule 9 for the purposes of clause 1(3)(b) of Schedule 9 NZ benefits legislation — (a) is defined in section 172 for the purposes of sections 173 to 180 ; and (b) is defined in section 187 for the purposes of sections 187 to 190 obtained by fraud is defined in section 360 for the purposes of sections 354 , 359 , and 361 , and clause 9 of Schedule 6 occupational therapist is defined in clause 1(5) of Schedule 9 for the purposes of clause 1(3)(c) of Schedule 9 offence — (a) is defined in section 210 for the purposes of section 209 ; and (b) is defined in section 214 for the purposes of section 213 open employment means employment that is— (a) available to anyone with the required skills; and (b) paid at not less than the rate of minimum hourly wage that applies under the Minimum Wage Act 1983 ; and (c) not sheltered employment ordinarily resident in New Zealand , in relation to a person, excludes the person’s being unlawfully resident in New Zealand overseas epidemic management notice means a notice given under section 99 (overseas epidemics affecting visitors to New Zealand) overseas pension has the same meaning given to it by section 187 for the purposes of sections 187 to 190 overseas pensioner means a person to whom an overseas pension has been granted parent , in relation to a child,— (a) is defined in section 43(3) for the purposes only of— (i) subpart 5 of Part 2 (orphan’s benefit); and (ii) section 31(b)(i) (sole parent support: when dependent child may be regarded as applicant’s child); and (b) is defined in section 46(3) for the purposes only of— (i) subpart 6 of Part 2 (unsupported child’s benefit); and (ii) section 31(b)(ii) (sole parent support: when dependent child may be regarded as applicant’s child) parents , in relation to a young person, and for the purposes only of section 52(1)(a), (b), and (d) and subpart 7 of Part 2 (youth payment) and clause 2 of Part 6 of Schedule 4 (rates of youth payment and young parent payment),— (a) means— (i) the parents or guardians or other person who had the care of the young person most recently before the young person turned 16 years; and (ii) any other parent, or guardian or former guardian, willing to have financial responsibility for the young person; but (b) does not include— (i) the chief executive of the department responsible for administering the Oranga Tamariki Act 1989 in his or her official capacity; or (ii) any body or organisation approved under section 396 of that Act part-time work means employment that is not full-time employment, but is employment— (a) that is— (i) under a contract of service, whether on time or piece rates; or (ii) as a self-employed person in any business, profession, trade, manufacture, or undertaking; and (b) that— (i) averages not less than 15 hours each week over a 3-month period of employment or over the period of employment if that period is shorter than 3 months,— (A) in relation to a person granted jobseeker support on the ground of health condition, injury, or disability; or (B) for the purposes of sections 140(1)(b) , 141 , 155 , and 184 ; or (ii) averages not less than 20 hours each week over a 3-month period of employment or over the period of employment if that period is shorter than 3 months, in any other case part-time work-tested beneficiary means— (a) a person with a youngest dependent child aged 3 years or older, but under 14 years, who is— (i) a work-tested spouse or partner; or (ii) a work-tested sole parent support beneficiary; or (b) a person who is granted jobseeker support on the ground of health condition, injury, or disability and who, under section 140(1)(b) , must comply with the work test participation allowance means a participation allowance under regulations made under section 429 partner , in the phrase “spouse or partner” and in related contexts, means a civil union partner or de facto partner party is defined in section 382 for the purposes of subpart 7 of Part 6 pass — (a) is defined in section 152 for the purposes of sections 147 to 152 ; and (b) in sections 146(1)(e) and 264(3) , has the same meaning as in section 152 pay day means the day or date from time to time determined by MSD under section 338(4) as the date on which an instalment of a benefit falls due for payment periodical means regular or intermittent physiotherapist is defined in clause 1(6) of Schedule 9 for the purposes of clause 1(3)(d) of Schedule 9 pre-benefit activity means a pre-benefit activity required under section 184 and regulations made under section 432 preferred supply contract is defined in section 368(6) for the purposes of sections 368 and 370 premises is defined in section 66(3) for the purposes of sections 66 and 68 prescribed means prescribed by or under an enactment (for example, prescribed by applicable regulations made under this Act) prescribed circumstances is defined in section 334(4) for the purposes of section 334(1) prescribed health practitioner , for a provision, means a health practitioner— (a) prescribed for the purposes of the provision by regulations made under section 418(1)(a) ; and (b) acting within that person’s scope of practice principal caregiver , in relation to a dependent child, means a person who— (a) is the person who, in MSD’s opinion, has the primary responsibility for the day-to-day care of the child, other than on a temporary basis; and (b) is not a body of persons (whether incorporated or unincorporated),

and is not a person who is the proprietor of, or employed in,— (i) a residence established under the Oranga Tamariki Act 1989 ; or (ii) any other institution in which the child is being cared for property is defined in clause 16(3) of Schedule 3 for the purposes of clauses 16 and 17 of Schedule 3 psychologist is defined in clause 1(7) of Schedule 9 for the purposes of clause 1(3)(e) of Schedule 9 qualifying benefit is defined in section 71 for the purposes of subpart 11 of Part 2 (winter energy payment), section 220 , and Part 8 of Schedule 4 quarantinable disease is defined in section 99 for the purposes of that section rate is defined in section 180 for the purposes of sections 177 to 179 (obligations in relation to overseas pensions) reasonable cause is defined in clause 9(2) of Schedule 6 for the purposes of clause 9(1)(b) of Schedule 6 reciprocity agreement is defined in section 382 for the purposes of subpart 7 of Part 6 recognised voluntary work means work— (a) that is undertaken by a person for no remuneration (other than any reimbursement of direct expenses) for a non-profit community organisation or other person, and that is of benefit to the community; and (b) that is not an activity in the community, or work undertaken as part of a work experience or work exploration activity record is defined in clause 4(4) of Schedule 6 for the purposes of clause 4(3) of Schedule 6 registered community housing provider is defined in section 66 for the purposes of that section registered school is defined in regulations made under section 430 for the purposes of sections 131 to 134 ( see also section 137 ) regular , in relation to work, does not include— (a) casual employment; or (b) employment if the agreed hours of work (as defined in section 67C of the Employment Relations Act 2000) average less than 10 hours each week calculated over a 3-month period of employment or, if that period is shorter than 3 months, over the period of the employment; or (c) employment that is work under an availability provision that is under section 67E(3) of the Employment Relations Act 2000 unenforceable against an employee because the employee’s employment agreement does not provide for the payment of compensation to the employee for making himself or herself available to perform work under the availability provision rehabilitation professional , in clause 1(2)(b) of Schedule 9, has the meaning given to it by clause 1(3) of Schedule 9 relevant payment date is defined in section 71 for the purposes of subpart 11 of Part 2 (winter energy payment), section 220 , and Part 8 of Schedule 4 requested institution is defined in section 382 for the purposes of subpart 7 of Part 6 requesting institution is defined in section 382 for the purposes of subpart 7 of Part 6 resident , in relation to a person, does not include the person’s being unlawfully resident in New Zealand residential care services means services that are supplied to a person with a disability and that are— (a) disability services in a residential disability care institution or rest home within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001; or (b) supervision and support services; or (c) hotel-type services (including the provision of sleeping facilities, meals, laundry, cleaning services and supplies, household furniture and furnishings, lighting, heating, hot water, and other household utilities); or (d) services that support daily living (including financial management and gardening); or (e) personal care services (including toileting, bathing, hair washing, teeth cleaning, nail care, feeding, and mobility); or (f) services within that home intended to provide satisfying activity to the person (including the provision of educational, social, recreational, and other activities); or (g) clinical support services, including personal health services (within the meaning of the New Zealand Public Health and Disability Act 2000 ), consultations with a medical practitioner, pharmaceuticals, incontinence aids, and other treatment costs residential requirement is defined in section 16 for the purposes of Part 2 responsible department , for the provisions of this Act, means— (a) the department of State (for example, a service of the department of State) that, with the Prime Minister’s authority, is for the time being responsible for the administration of those provisions; or (b) a departmental agency that, under the State Sector Act 1988 , is part of that department of State, and has duties, functions, or powers relating to that administration rest home means premises used to provide rest home care— (a) within the meaning of section 6 of the Health and Disability Services (Safety) Act 2001; and (b) that is therefore health care services required by that Act to be provided in accordance with section 9 of that Act saved , in relation to any arrangement, contract, decision, enactment, increase, instrument, period, reduction, or status (in each case, however described), is defined in clause 1 of Schedule 1 for the purposes of that schedule scheme is defined in section 229 for the purposes of sections 225 to 229 screening drug test is defined in section 152 for the purposes of sections 147 to 152 second failure — (a) is defined in section 235 for the purposes of subpart 2 of Part 5; and (b) is defined in section 268 for the purposes of subpart 3 of Part 5 section 252 notice has the same meaning as in section 252 (MSD must give notice of sanction) service costs — (a) is defined in section 65 for the purposes of subpart 10 of Part 2 and Part 7 of Schedule 4 (accommodation supplement); and (b) is defined in section 162 (obligations of young person granted youth support payment) for the purposes of that section sheltered employment includes employment in a sheltered workshop within the meaning of the Disabled Persons Employment Promotion Act 1960 single means not in a relationship (as that expression is defined in this schedule) social housing is defined in section 66 for the purposes of that section social security debt is defined in section 382 for the purposes of subpart 7 of Part 6 social security laws is defined in section 382 for the purposes of subpart 7 of Part 6 social security purposes is defined in section 382 for the purposes of subpart 7 of Part 6 sole parent means a person who is the principal caregiver in respect of a dependent child and who— (a) is— (i) married or in a civil union, but living apart from the person’s spouse or partner; or (ii) not married or in a civil union; and (b) is not in a de facto relationship source deduction payment is defined in section 349 for the purposes of sections 349 to 352 specified beneficiary is defined in section 169 for the purposes of sections 164 to 167 , 268 , and 344(3)(a) specified benefit — (a) is defined in section 198(3) for the purposes of section 198 ; and (b) is defined in section 331 for the purposes of sections 331 to 336 specified lump sum payment is defined in section 69(5) for the purposes of section 69 specified offence is defined in section 291(5) for the purposes of section 291(4)(b) specified provision ,— (a) in relation to a source deduction payment, is defined in section 349 for the purposes of sections 350 , 351 , and 352 ; and (b) in relation to a reference to income for a period, is defined in clause 11 of Schedule 3 for the purposes of clauses 12 to 14 of Schedule 3 specified termination payments means any of the following payments that a person receives in relation to the termination of the person’s employment: (a) a payment in lieu of notice terminating the person’s employment: (b) holiday pay: (c) a payment in lieu of accumulated leave: (d) a payment contingent on the completion of a fixed-term engagement: (e) a retirement payment spouse of a person (for example, an applicant or a beneficiary), means the person’s husband or wife stand down or stand-down period means a stand down, or a stand-down period, under section 316 standard costs is defined in sections 98 and 428(2)(b) for the purposes of subpart 16 of Part 2 and section 428 start date is defined in section 264(4) for the purposes of section 264 strike has the same meaning as in section 81 of the Employment Relations Act 2000 student allowance means an allowance established by regulations made under section 303 (apart from, or with, either or both of sections 306 and 307 ) of the Education Act 1989 subsidy rate is defined in section 452(6) for the purposes of section 452 suitable employment , in relation to a person,— (a) means employment that MSD is satisfied is suitable for the person to undertake for a number of hours a week determined by MSD having regard to the employment required to satisfy the work test for that person; but (b) is affected by section 18(1) (which relates to refusing to work, or to continue to work, as a sex worker) of the Prostitution Reform Act 2003 tax credit is defined in section 98 for the purposes of subpart 16 of Part 2 and section 428 (and see also clause 8(l) of Schedule 3, and the definition in this schedule of WFF tax credit) tax file number is defined in section 112(5) for the purposes of section 112 teen parent unit is defined in section 163(3) for the purposes of section 163 temporary additional support is defined in clause 20(4) of Schedule 3 for the purposes of clause 20 of Schedule 3 temporary employment means full employment for a period of less than 26 weeks tenant is defined in section 66(3) for the purposes of sections 66 and 68 third failure — (a) is defined in section 235 for the purposes of subpart 2 of Part 5; and (b) is defined in section 268 for the purposes of subpart 3 of Part 5 trust account is defined in clause 4(7) of Schedule 6 for the purposes of clause 4 of Schedule 6 union has the same meaning as in section 5 of the Employment Relations Act 2000 unresolved warrant notice is defined in section 211 for the purposes of sections 209 and 212 veteran’s pension means a veteran’s pension payable under Part 6 of the Veterans’ Support Act 2014 violence is defined in section 193(2) for the purposes of section 193(1)(c) weekly loss of earnings compensation is defined in section 198(3) for the purposes of section 198 WFF tax credit has, in sections 341(3)(b) and 344(3)(c) , the same meaning as in section YA 1 of the Income Tax Act 2007 winter period is defined in section 71 for the purposes of subpart 11 of Part 2 (winter energy payment), section 220 , and Part 8 of Schedule 4 work-based learning is defined in section 162(4) for the purposes of sections 162 , 164 to 167 , 200 , and clause 8 of Part 6 of Schedule 4 work-preparation obligation means a work-preparation obligation under section 124 or 125 work test or work-test obligations , in relation to a person, means the person’s obligations under sections 144 to 147 Example The person’s obligation under section 147(1) to undertake and pass a drug test which, under section 147(2), is included in, forms part of, and does not arise apart from, an obligation of the person under section 144(a), 144(c), 146(1)(d)(ii), or 146(1)(d)(iv). work-test couple rate ,— (a) for jobseeker support, means a rate in Part 1 of Schedule 4 that is payable to a person who is in a relationship, other than a rate payable if the person’s spouse or partner is entitled to a benefit in the spouse’s or partner’s own right: (b) for a supported living payment, means a rate that is— (i) a rate in Part 3 of Schedule 4 payable to a person who is in a relationship, other than a rate payable if the person’s spouse or partner is entitled to a benefit in the spouse’s or partner’s own right; or (ii) the rate payable under section 38(3) to the spouse or partner of a person receiving long-term residential care in a hospital or rest home: (c) for an emergency benefit, means a rate that is— (i) a rate of benefit payable to a person that includes a payment for the person’s spouse or partner; or (ii) a rate of benefit payable under section 17(2)(c) of the New Zealand Superannuation and Retirement Income Act 2001 work-tested beneficiary means a person who— (a) is granted jobseeker support (other than jobseeker support on the ground of health condition, injury, or disability); or (b) is granted jobseeker support on the ground of health condition, injury, or disability, and who, under section 141(4) , must comply with the work test; or (c) is a work-tested spouse or partner; or (d) is a work-tested sole parent support beneficiary work-tested benefit — (a) means jobseeker support (except for a work-tested sole parent support beneficiary, or a beneficiary receiving jobseeker support on the ground of health condition, injury, or disability who, under section 142 , is not required to comply with the work test); and (b) for a work-tested spouse or partner, includes an emergency benefit and a supported living payment; and (c) for a work-tested sole parent support beneficiary, means sole parent support under section 29 work-tested sole parent support beneficiary means a person— (a) who has been granted sole parent support under section 29 ; and (b) whose youngest dependent child is aged 3 years or older work-tested spouse or partner means a person— (a) who— (i) has no dependent child under 3 years, or has no dependent child at all (and, for the purposes of this definition, a dependent child of a person granted a benefit at a work-test couple rate is also a dependent child of that person’s spouse or partner); and (ii) is not subject to obligations under sections 166 to 169 ; and (iii) has not been granted an exemption from the work test; and (b) who— (i) is the spouse or partner of a person granted jobseeker support or a supported living payment (being, in each case, a benefit granted at a work-test couple rate); or (ii) both— (A) is the spouse or partner of a person granted an emergency benefit at a work-test couple rate; and (B) has under section 140(2) been required by MSD to comply with the work test; or (iii) is— (A) the spouse or partner of a person who is receiving long-term residential care in a hospital or rest home; and (B) aged under 65 years; and (C) receiving a supported living payment under section 38(3) or an emergency benefit under section 17(2)(c) of the New Zealand Superannuation and Retirement Income Act 2001 working day — (a) means a day of the week other than— (i) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day; and (ii) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and (iii) a day in the period commencing on 25 December in any year and ending with 15 January in the following year; and (iv) the day observed as the anniversary day of the appropriate province; but (b) is defined in section 241(4) for the purposes of section 241(3) young parent obligation is defined in section 268 for the purposes of subpart 3 of Part 5 young parent payment — (a) means a young parent payment payable under subpart 8 of Part 2; but (b) in subpart 3 of Part 5, in relation to a young person who is a spouse or partner of a specified beneficiary and is subject to obligations under section 166 , has the extended meaning provided in section 268 young person ,— (a) in sections 3(d) and 365 , means a person of either of the following kinds: (i) a person who is aged at least 15 years but is under the age of 18 years: (ii) a person aged 18 years or over who continues to receive services of the kind referred to in section 365(1)(a) : (b) in all other cases, means a person of any of the following kinds: (i) a person who is aged at least 16 years but is under the age of 20 years: (ii) a person aged 20 years or over in respect of whom a young parent payment continues under section 61 : (iii) a person aged 20 years or over to whom obligations in section 167 continue to apply under section 167(6); but (c) is defined in paragraph (a) of the definition of beneficiary in section 210 (a definition for the purposes of section 209 ) young person obligation is defined in section 268 for the purposes of subpart 3 of Part 5 youth payment — (a) means a youth payment payable under subpart 7 of Part 2; but (b) in subpart 3 of Part 5, in relation to a young person who is a spouse or partner of a specified beneficiary and is subject to obligations under section 166 , has the extended meaning provided in section 268 youth support payment means a young parent payment or youth payment.