Social Security Act 2018
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Title
1 Title This Act is the Social Security Act 2018.
Section Sch1-1 — Changeover and saved defined
1 Changeover and saved defined In this schedule,— changeover , for a provision of the Social Security Act 1964 , means the time at which the provision is repealed by section 455(1) saved , in…
Section Sch1-10 — Jobseeker support: correction of reference in saving related to transfer to jobseeker support
10 Jobseeker support: correction of reference in saving related to transfer to jobseeker support Clause 2(15) of Schedule 32 of the Social Security Act 1964 must be taken— (a) to apply, and always to…
Section Sch1-11 — Supported living payment: regulations prescribing minimum expected period of restricting sickness, injury, or disability
11 Supported living payment: regulations prescribing minimum expected period of restricting sickness, injury, or disability (1) This clause applies to the Social Security (Supported Living Payments…
Section Sch1-12 — Youth payment and young parent payment: incentive payments regulations
12 Youth payment and young parent payment: incentive payments regulations (1) This clause applies to Part 1 of the Social Security (Criteria for Incentive Payments and Money Management) Regulations…
Section Sch1-13 — Accommodation supplement: cash assets exemptions regulations
13 Accommodation supplement: cash assets exemptions regulations (1) This clause applies to the Social Security (Income and Cash Assets Exemptions) Regulations 2011 made under sections 132 and 132AA…
Section Sch1-14 — Accommodation supplement: regulations defining areas
14 Accommodation supplement: regulations defining areas (1) This clause applies to any regulations made, before 26 November 2018, under section 61I of the Social Security Act 1964 (as inserted by…
Section Sch1-15 — Accommodation supplement: Schedule 4 amended
15 Accommodation supplement: Schedule 4 amended In Schedule 4, Part 7 , repeal clause 8 (which defines Area 1, Area 2, Area 3, and Area 4) on the commencement of the first regulations made under…
Section Sch1-16 — Saving for emergency benefit granted if analogous benefit is New Zealand superannuation or veteran’s pension
16 Saving for emergency benefit granted if analogous benefit is New Zealand superannuation or veteran’s pension (1) This clause applies to a benefit if— (a) the benefit was an emergency benefit…
Section Sch1-17 — Childcare assistance regulations
17 Childcare assistance regulations Regulations made under section 132AC of the Social Security Act 1964 are saved as if made under section 424 .
Section Sch1-18 — Temporary additional support regulations
18 Temporary additional support regulations Regulations made under section 132AB of the Social Security Act 1964 are saved as if made under section 428 .
Section Sch1-19 — Special benefit under Social Security (Working for Families) Amendment Act 2004
19 Special benefit under Social Security (Working for Families) Amendment Act 2004 (1) This clause applies to a special benefit— (a) continued under section 23 of the Social Security (Working for…
Section Sch1-2 — Ministerial directions
2 Ministerial directions (1) Directions given under section 5 (alone, or with 1 or more related provisions) of the Social Security Act 1964 are saved as if given under section 7 (alone, or with 1 or…
Section Sch1-20 — Programmes of special assistance for visitors to New Zealand
20 Programmes of special assistance for visitors to New Zealand (1) Overseas epidemic management notices given under section 61CE of the Social Security Act 1964 are saved as if they were given under…
Section Sch1-21 — Ministerial welfare programmes
21 Ministerial welfare programmes (1) Welfare programmes approved and established under section 124(1) (d) of the Social Security Act 1964 are saved as if they were special assistance programmes…
Section Sch1-22 — Attendance of dependent child at recognised early childhood education programme regulations
22 Attendance of dependent child at recognised early childhood education programme regulations (1) This clause applies to the Social Security (Social Obligations—Attendance at Recognised Early…
Section Sch1-23 — Application of work-test obligations regulations
23 Application of work-test obligations regulations (1) This clause applies to the Social Security (Application of Work Test Obligations) Regulations 2007 made under section 132 of the Social…
Section Sch1-24 — Maximum reimbursement amounts of costs of drug test regulations
24 Maximum reimbursement amounts of costs of drug test regulations (1) This clause applies to the Social Security (Work Test Obligations—Drug Testing Obligations) Regulations 2013 made under section…
Section Sch1-25 — Drug-testing obligation regulations
25 Drug-testing obligation regulations Regulations made under section 132 (read in the light of sections 88A , 102C(3) and (4) , and 116C(2) (e) ) of the Social Security Act 1964 are saved as if they…
Section Sch1-26 — Participation allowance regulations
26 Participation allowance regulations Regulations made under section 132F of the Social Security Act 1964 are saved as if they were made under section 429 .
Section Sch1-27 — Obligations exemption regulations
27 Obligations exemption regulations Regulations made under section 123D of the Social Security Act 1964 are saved as if they were made under section 431(e) .
Section Sch1-28 — Obligations of spouses or partners of specified beneficiaries: exception to section 166
28 Obligations of spouses or partners of specified beneficiaries: exception to section 166 (1) This clause applies to a young person— (a) who is the parent or step-parent of a dependent child or…
Section Sch1-29 — Pre-benefit activities
29 Pre-benefit activities (1) Requirements and determinations made under section 11E(2) of the Social Security Act 1964 are saved as if they were made under section 184 . (2) Regulations made under…
Section Sch1-3 — Determinations of conjugal status for benefit purposes
3 Determinations of conjugal status for benefit purposes (1) This clause applies to determinations— (a) made under section 63 of the Social Security Act 1964; and (b) not made, or so far as they were…
Section Sch1-30 — Overseas pensions regulations, arrangements, and contracts
30 Overseas pensions regulations, arrangements, and contracts (1) Regulations made under section 132C of the Social Security Act 1964 are saved as if they were made under section 434 . (2)…
Section Sch1-31 — Loss of earnings compensation under Accident Compensation Act 2001
31 Loss of earnings compensation under Accident Compensation Act 2001 Section 198(2) does not apply if— (a) a person ( P ) mentioned in section 198(1) (a) is entitled to receive, and is receiving, a…
Section Sch1-32 — Effect on benefit of issue of warrant to arrest: validation about modification applying when benefit suspended immediately
32 Effect on benefit of issue of warrant to arrest: validation about modification applying when benefit suspended immediately (1) This clause applies to section 75B(9) (b) of the Social Security Act…
Section Sch1-33 — Regulations about effect on benefit of issue of warrant to arrest
33 Regulations about effect on benefit of issue of warrant to arrest Regulations made under section 132L of the Social Security Act 1964 are saved as if they were made under section 435 .
Section Sch1-34 — Regulations about effect of absence from New Zealand
34 Regulations about effect of absence from New Zealand (1) This clause applies to the Social Security (Effect of Absence of Beneficiary from New Zealand) Regulations 2013 made under section 132 of…
Section Sch1-35 — Drug-testing obligations: good and sufficient reason regulations
35 Drug-testing obligations: good and sufficient reason regulations (1) This clause applies to the Social Security (Work Test Obligations—Drug Testing Obligations) Regulations 2013 made under section…
Section Sch1-36 — Good and sufficient reason: failure to comply with drug-testing obligation: approvals of kinds of addiction treatment
36 Good and sufficient reason: failure to comply with drug-testing obligation: approvals of kinds of addiction treatment Approvals under section 116C(2) (b) (iii) of the Social Security Act 1964 are…
Section Sch1-37 — Chief executive reviews
37 Chief executive reviews (1) Subpart 3 of Part 6, and all related provisions, of this Act apply (with all necessary modifications), and section 81 of the Social Security Act 1964 does not apply, to…
Section Sch1-38 — Elections and stand-down periods
38 Elections and stand-down periods Elections and stand-down periods under section 80BA of the Social Security Act 1964 are saved as if they were (as the case requires)— (a) elections for the…
Section Sch1-39 — Effect of participation in certain activities on non-entitlement period
39 Effect of participation in certain activities on non-entitlement period Approvals of activities, if given under section 123B of the Social Security Act 1964, are saved as if they were given under…
Section Sch1-4 — Assistance continued
4 Assistance continued (1) This clause applies to a person who, immediately before the changeover, was receiving, or had been granted, a benefit, or any other assistance, under the Social Security…
Section Sch1-40 — Expiry and regrant of specified benefits regulations and exemptions
40 Expiry and regrant of specified benefits regulations and exemptions (1) The Social Security (Expiry and Re-grant of Specified Benefits) Regulations 2013 made under section 132M of the Social…
Section Sch1-41 — Payment of benefits
41 Payment of benefits (1) Directions given under paragraph (a) of the proviso to section 82(3) of the Social Security Act 1964 are saved as if they were decisions by MSD to make payments under…
Section Sch1-42 — Budgeting activities regulations
42 Budgeting activities regulations (1) This clause applies to the Social Security (Advance Payment of Benefit) Regulations 2010 , so far as they were made under section 132K(1) (b) and (c) of the…
Section Sch1-43 — Debts: excess amounts, regulations, determinations, etc
43 Debts: excess amounts, regulations, determinations, etc (1) This Act (for example, MSD’s duty under section 362 to recover debts) applies to debts due to the Crown under the Social Security Act…
Section Sch1-44 — Deductions: deduction notices
44 Deductions: deduction notices (1) Deduction notices issued under section 86A of the Social Security Act 1964 are saved as if they were issued under regulations made under section 444 . (2)…
Section Sch1-45 — Reciprocity agreement orders, etc
45 Reciprocity agreement orders, etc (1) Orders made under section 19 of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 are saved as if they were made…
Section Sch1-46 — Preferred suppliers: contracts, determinations, directions, and nominations
46 Preferred suppliers: contracts, determinations, directions, and nominations (1) Contracts entered into under section 125AA(3) of the Social Security Act 1964 are saved as if they were entered into…
Section Sch1-47 — Administration service providers: contracts and regulations
47 Administration service providers: contracts and regulations (1) Contracts entered into under section 125A(1) of the Social Security Act 1964 are saved as if they were entered into under section…
Section Sch1-48 — Providers of services in relation to young people: actions between 15 July 2013 and changeover
48 Providers of services in relation to young people: actions between 15 July 2013 and changeover Section 125G of the Social Security Act 1964 must be taken to have applied, on and after 15 July 2013…
Section Sch1-49 — Family Proceedings Act 1980 maintenance payable to the Crown
49 Family Proceedings Act 1980 maintenance payable to the Crown Section 61CA of the Social Security Act 1964, as in force at the changeover, continues in force (as if it had not been repealed) for…
Section Sch1-5 — Conditions of entitlement under clause 4
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)…
Section Sch1-6 — Applications for or related to former assistance and that are made, but not determined, before changeover
6 Applications for or related to former assistance and that are made, but not determined, before changeover (1) This clause applies to an application— (a) for all or any of the following under the…
Section Sch1-7 — Backdating of corresponding former benefit if application made under this Act after changeover
7 Backdating of corresponding former benefit if application made under this Act after changeover (1) This clause applies to an application— (a) for a benefit under this Act; and (b) made under this…
Section Sch1-8 — Jobseeker support: validation of payments when spouse’s or partner’s regular support lost due to sentence of imprisonment, etc
8 Jobseeker support: validation of payments when spouse’s or partner’s regular support lost due to sentence of imprisonment, etc (1) This clause applies to jobseeker support under the Social Security…
Section Sch1-9 — Jobseeker support: validation of eligibility if temporarily engaging in full-time employment with income less than would reduce benefit to zero
9 Jobseeker support: validation of eligibility if temporarily engaging in full-time employment with income less than would reduce benefit to zero (1) This clause applies to the reference in section…