Section Sch3-16 — Social Security Act 2018: Effect of deprivation of income or property

16 Effect of deprivation of income or property (1) This clause applies if MSD is satisfied that— (a) deprivation of 1 or both of the following kinds has occurred: (i) an applicant for a benefit has, directly or indirectly, deprived the applicant of income, property, or both: (ii) the spouse or partner of an applicant for a benefit has, directly or indirectly, deprived the spouse or partner of income, property, or both; and (b) the deprivation results in the applicant’s qualifying for that benefit, any other benefit, or an increased rate of benefit. (2) MSD may refuse to grant a benefit, cancel or reduce a benefit already granted, or grant a benefit at a reduced rate. (3) In this clause and clause 17 ,— income excludes, for 12 months after the date of the person’s receipt of the amount, an amount that— (a) MSD considers is, or might have been, derived by a person from— (i) an impairment lump sum under Schedule 1 of the Accident Compensation Act 2001; or (ii) a lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998; and (b) is paid to, and received by, the person, after (when section 74(2) of the Social Security Act 1964 commenced at) the close of 31 March 2002 property excludes, for 12 months after the date of the person’s receipt of the sum or payment, a sum or payment that— (a) was paid to, and received by, a person as— (i) an impairment lump sum under Schedule 1 of the Accident Compensation Act 2001; or (ii) a lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998; and (b) is paid to, and received by, the person, after (when section 74(2) of the Social Security Act 1964 commenced at) the close of 31 March 2002. (4) This clause— (a) overrides any provisions to the contrary in this Act (under clause 2(3) ), Part 6 of the Veterans’ Support Act 2014, or the New Zealand Superannuation and Retirement Income Act 2001 ; but (b) is subject to any rules prescribed by rules under clause 17 . Compare: 1964 No 136 s 74(1)(d), (2)