Social Security Act 2018
Sections and provisions with full text and the judgments that cite each one.
Section 302 — Immediate provisional grant, and later backdating of other benefit
302 Immediate provisional grant, and later backdating of other benefit (1) This section applies to an applicant for a benefit of kind A (for example, a supported living payment on the ground of…
Section 303 — After death of applicant
303 After death of applicant (1) This section applies if an applicant for a benefit dies before MSD completes its inquiry into the claim, made by or on behalf of the applicant, for a benefit. (2) MSD…
Section 304 — Review of entitlement and rate payable
304 Review of entitlement and rate payable (1) MSD may review a benefit that has been granted to ascertain all or any of the following: (a) whether the beneficiary is, or remains, entitled to receive…
Section 305 — Information for review
305 Information for review (1) MSD may for the review require the beneficiary or the beneficiary’s spouse or partner to provide information, or answer questions,— (a) in a way MSD specifies; and (b)…
Section 306 — No entitlement, or entitlement only at different rate
306 No entitlement, or entitlement only at different rate (1) This section applies if MSD is satisfied because of the review that the beneficiary— (a) was not or is not entitled (at all, rather than…
Section 307 — Benefit on another eligibility ground more appropriate
307 Benefit on another eligibility ground more appropriate (1) This section applies if MSD is satisfied because of the review that the beneficiary— (a) was granted the benefit on a stated eligibility…
Section 308 — Another benefit more appropriate
308 Another benefit more appropriate (1) This section applies if MSD is satisfied because of the review that the beneficiary is more appropriately entitled to receive another benefit. (2) MSD may…
Section 309 — Termination of winter energy payment
309 Termination of winter energy payment After the review, MSD may terminate a winter energy payment under section 75 .
Section 310 — Certain benefits granted, or granted at rate, not taking into account certain insurance payments
310 Certain benefits granted, or granted at rate, not taking into account certain insurance payments (1) This section applies if MSD is satisfied because of the review that the beneficiary has been…
Section 311 — General
311 General (1) A benefit commences on the later of the following dates: (a) the date the applicant became entitled to receive the benefit; and (b) the date the application for the benefit was…
Section 312 — If applicant paid, but claim fails for, ACC weekly compensation
312 If applicant paid, but claim fails for, ACC weekly compensation (1) This section applies to a person if— (a) a claim is made by or on behalf of the person for weekly compensation under the…
Section 313 — Benefits subject to stand down
313 Benefits subject to stand down (1) A benefit is subject to a stand down, and commences on a date calculated under section 316 , if— (a) the benefit is a work-tested benefit or a youth payment or…
Section 314 — Work-tested benefit of applicant subject to non-entitlement period
314 Work-tested benefit of applicant subject to non-entitlement period (1) A work-tested benefit granted to an applicant who is subject to a non-entitlement period is subject to a stand down, and is…
Section 315 — Exemptions from stand down, and when certain benefits commence
315 Exemptions from stand down, and when certain benefits commence A benefit of a kind specified in regulations made under section 440 ,— (a) is not subject to a stand down; and (b) commences as…
Section 316 — Start and calculation of stand-down period
316 Start and calculation of stand-down period (1) A benefit to which a person has become entitled, and that section 313 or 314 requires to commence on a date calculated under this section, is…
Section 317 — Minister may consent to backdating
317 Minister may consent to backdating (1) A benefit (or a benefit of a stated kind) may, with the Minister’s consent, commence at a time— (a) earlier than the time at which an application for it was…
Section 318 — No consent unless benefit not granted earlier because of error
318 No consent unless benefit not granted earlier because of error (1) The Minister must not give consent under section 317 unless satisfied that,— (a) in the case of a particular applicant, the…
Section 319 — Commencement of winter energy payment
319 Commencement of winter energy payment The winter energy payment commences in accordance with section 74 . Compare: 1964 No 136 s 61FI
Section 320 — Effect of no longer being subject to work-test or young person obligations
320 Effect of no longer being subject to work-test or young person obligations (1) This section applies to a person whose benefit has been suspended or reduced, or who is subject to a 13-week period…
Section 321 — Effect of no longer being subject to dependent children obligations
321 Effect of no longer being subject to dependent children obligations (1) This section applies to a sanction imposed on a person— (a) under section 236 , 237 , or 238 (as applied by section 136 );…
Section 322 — Effect of no longer being subject to work-preparation obligations
322 Effect of no longer being subject to work-preparation obligations (1) This section applies to a sanction imposed on a person— (a) under section 236 , 237 , or 238 (as applied by section 126 );…
Section 323 — Effect of employment on non-entitlement period
323 Effect of employment on non-entitlement period (1) This section applies to a person who is not entitled to (or to a part of) a main benefit under this Act for 13 weeks because of the operation of…
Section 324 — Effect of participation in certain activities on non-entitlement period
324 Effect of participation in certain activities on non-entitlement period (1) This section applies to a person who is subject to a 13-week period of non-entitlement under section 225 , 238 , 271 ,…
Section 325 — General rule if person’s entitlement to benefit ceases
325 General rule if person’s entitlement to benefit ceases (1) If a person’s entitlement to a benefit ceases, the benefit ends on a date that is set by MSD and is— (a) not earlier than the pay day…
Section 326 — After death of beneficiary receiving specified benefit
326 After death of beneficiary receiving specified benefit (1) This section applies to a person who, when the person died, was receiving one of the following benefits: (a) New Zealand superannuation:…
Section 327 — Benefits payable to sole parent who stops caring for dependent child due to sudden and uncontrollable circumstances
327 Benefits payable to sole parent who stops caring for dependent child due to sudden and uncontrollable circumstances (1) This section applies to a benefit, or a rate of benefit, payable to a…
Section 328 — Supported living payment payable to beneficiary who stops caring for another person
328 Supported living payment payable to beneficiary who stops caring for another person (1) This section applies to a supported living payment under section 40 , or a rate of that benefit, payable to…
Section 329 — If child ceases to be entitled to orphan’s benefit or unsupported child’s benefit
329 If child ceases to be entitled to orphan’s benefit or unsupported child’s benefit If a child’s entitlement to an orphan’s benefit or an unsupported child’s benefit ceases, the benefit ends— (a)…
Section 330 — Supported living payment on ground of restricted work capacity or total blindness and cancelled on medical grounds
330 Supported living payment on ground of restricted work capacity or total blindness and cancelled on medical grounds (1) This section applies to a supported living payment on the ground of…
Section 331 — Expiry date, and specified benefit, defined
331 Expiry date, and specified benefit, defined (1) In this section and sections 332 to 336 ,— expiry date , in relation to a specified benefit, means the expiry date prescribed for that specified…
Section 332 — General rule
332 General rule (1) A beneficiary’s entitlement to a specified benefit ceases not later than, and the specified benefit expires on, the expiry date for that specified benefit. (2) This section is…
Section 333 — Exception for specified benefit expiring in week of or before 26 December
333 Exception for specified benefit expiring in week of or before 26 December (1) This section applies to a specified benefit that expires under section 332 in the week that is, or is the week…
Section 334 — Exemptions
334 Exemptions (1) MSD may in any prescribed circumstances exempt from expiry under section 332 all or any specified benefits of— (a) an identified beneficiary; or (b) all beneficiaries who fall…
Section 335 — MSD must notify or advise beneficiary
335 MSD must notify or advise beneficiary (1) MSD must, not less than 20 working days before the expiry date for a specified benefit, give the affected beneficiary a notice that states— (a) that…
Section 336 — Requirements for regrant
336 Requirements for regrant (1) The specified benefit may be regranted if that beneficiary reapplies for it in accordance with requirements for regrant of it. (2) The requirements for regrant of the…
Section 337 — How benefits are paid
337 How benefits are paid How benefits are paid is, in general, provided for by regulations made under section 442 or 443 . Compare: 1964 No 136 ss 3(1) , 61CB , 61CC(2) , 82(3), (5), (6A), (6AA),…
Section 338 — Weekly instalments
338 Weekly instalments (1) A benefit is payable in instalments of a number of weeks’ benefit. (2) The number of weeks’ benefit is as determined from time to time by MSD. (3) The instalments are…
Section 339 — Payment generally to, or on account of, beneficiary personally
339 Payment generally to, or on account of, beneficiary personally (1) All or part of an instalment of a benefit is paid to, or on account of, the beneficiary personally, or, if MSD for good cause…
Section 340 — Required manner of payment: general
340 Required manner of payment: general (1) All or part of an instalment of a benefit must be paid in a manner from time to time determined by MSD. Example An instalment of jobseeker support must be…
Section 341 — Required manner of payment: money management for certain payments to young people
341 Required manner of payment: money management for certain payments to young people (1) Regulations made under section 418(1) (k) for the purposes of this section may prescribe a manner of payment…
Section 342 — Money management for certain payments to young people: exception if young person meets prescribed criteria for managing own payments
342 Money management for certain payments to young people: exception if young person meets prescribed criteria for managing own payments (1) This section applies to a young person only if MSD…
Section 343 — Review and appeal of specified determinations made by MSD under regulations
343 Review and appeal of specified determinations made by MSD under regulations A determination by MSD under regulations made under section 418(1) (k) for the purposes of section 342(1) (b) — (a) may…
Section 344 — Young person beneficiaries may elect money management
344 Young person beneficiaries may elect money management (1) A young person to whom section 166 or 167 applies may elect to have all or any amounts stated in subsection (3) payable to the young…
Section 345 — Credit on payment card, etc, at end of money management
345 Credit on payment card, etc, at end of money management (1) This section applies to a young person if— (a) the young person ceases to be subject to a money management manner of payment; and (b)…
Section 346 — Required manner of payment: payment on death of beneficiary
346 Required manner of payment: payment on death of beneficiary If an instalment of a benefit is payable after the beneficiary’s death, that instalment may be paid,— (a) on application by the…
Section 347 — Advance payment of instalments of benefit
347 Advance payment of instalments of benefit (1) MSD may make an advance payment of all or part of 1 or more instalments of a benefit (and that are instalments that are not yet due) if, and only…
Section 348 — Requirement for beneficiary, spouse or partner, or both, to undertake budgeting activity
348 Requirement for beneficiary, spouse or partner, or both, to undertake budgeting activity (1) This section applies to a beneficiary who has applied for an advance payment under section 347 of a…
Section 349 — Interpretation
349 Interpretation In this section and sections 350 to 352 ,— income-tested benefit has the same meaning as in whichever of the following apply: (a) section 2 of the Income Tax Act 1976; or (b)…
Section 350 — MSD may pay tax on income-tested benefit other than by tax deduction from source deduction payment
350 MSD may pay tax on income-tested benefit other than by tax deduction from source deduction payment (1) This section applies to a source deduction payment that is an instalment or a payment of an…
Section 351 — Status of amount for income tax paid by MSD
351 Status of amount for income tax paid by MSD An amount for income tax paid by MSD to the Commissioner under section 350(2) must,— (a) for the purposes of this Act, be considered to be a payment of…