Social Security Act 2018
Sections and provisions with full text and the judgments that cite each one.
Section 352 — Recovery amount paid in excess of amount properly payable
352 Recovery amount paid in excess of amount properly payable (1) This section applies if, as a result of the review, suspension, or cancellation of an income-tested benefit, MSD determines that an…
Section 353 — Debts and deductions
353 Debts and deductions The following matters are provided for by regulations made under section 444 : (a) recovery of sums (for example, identified overpayments, or penalties) specified as debts…
Section 354 — Recovery of penalty from beneficiary who obtains by fraud amount in excess of entitlement
354 Recovery of penalty from beneficiary who obtains by fraud amount in excess of entitlement (1) This section applies to a person if— (a) the person obtained a payment, or received a credit or an…
Section 355 — Restriction on imposing penalty under section 354: prosecution for offence
355 Restriction on imposing penalty under section 354: prosecution for offence MSD cannot impose a penalty on a person under section 354 if that person has been prosecuted and dealt with for any…
Section 356 — Restriction on imposing penalty under section 354: notice and period to respond
356 Restriction on imposing penalty under section 354: notice and period to respond (1) MSD cannot impose a penalty on a person under section 354 unless MSD has given to the person a written notice…
Section 357 — Restriction on recovering penalty under section 354: decision to be final
357 Restriction on recovering penalty under section 354: decision to be final MSD cannot recover a penalty imposed on a person by a decision under section 354 unless (as the case requires)— (a) a…
Section 358 — Recovery from spouse or partner who misleads MSD of excess amount beneficiary obtained
358 Recovery from spouse or partner who misleads MSD of excess amount beneficiary obtained (1) This section applies to a beneficiary’s ( B’s ) spouse or partner ( S ) if, in MSD’s opinion,— (a) S…
Section 359 — Recovery from spouse or partner of apportioned excess amount beneficiary obtained by fraud
359 Recovery from spouse or partner of apportioned excess amount beneficiary obtained by fraud (1) This section applies to a benefit apportioned between spouses or partners so that— (a) one…
Section 360 — Obtaining amount by fraud: meaning and proof
360 Obtaining amount by fraud: meaning and proof (1) An amount is obtained by fraud by a person (whether B or S) for the purposes of sections 354 , 359 , and 361 , and clause 9 of Schedule 6 if the…
Section 361 — Recovery from spouse or partner of unapportioned excess amount beneficiary obtained by fraud
361 Recovery from spouse or partner of unapportioned excess amount beneficiary obtained by fraud (1) This section applies to a beneficiary’s ( B’s ) spouse or partner ( S ) if— (a) B has obtained or…
Section 362 — MSD’s duty to recover debts
362 MSD’s duty to recover debts (1) MSD is under a duty imposed by this section to take all reasonably practicable steps to recover sums (for example, identified overpayments, or penalties) that are…
Section 363 — Duty unaffected by law on mistaken payments
363 Duty unaffected by law on mistaken payments Recovery under section 362 of a debt is not prevented by the following: (a) section 74B of the Property Law Act 2007 (payments made under mistake of…
Section 364 — Ways MSD or person can meet requirement to give notice or other document
364 Ways MSD or person can meet requirement to give notice or other document (1) The ways MSD or a person can meet a requirement in this Act to give to another person a written or other notice, or…
Section 365 — Services to encourage young people to move to and remain in education, training, and employment
365 Services to encourage young people to move to and remain in education, training, and employment (1) MSD may do either or both of the following things: (a) provide services to encourage and help…
Section 366 — Preferred suppliers: contracts
366 Preferred suppliers: contracts MSD may from time to time, on behalf of the Crown, enter into a contract with any person, body, or organisation (a preferred supplier ) for the supply of goods or…
Section 367 — Preferred suppliers: determinations
367 Preferred suppliers: determinations (1) The Minister may from time to time, by written direction, determine the goods or services, or classes, descriptions, or kinds of goods or services,…
Section 368 — Preferred suppliers: paying them disability allowance, special assistance, or advance payment
368 Preferred suppliers: paying them disability allowance, special assistance, or advance payment (1) This section applies to a person if— (a) any of the following relates to the supply of any goods…
Section 369 — Preferred suppliers: paying them disability allowance: exception if total benefit payments less than amount required
369 Preferred suppliers: paying them disability allowance: exception if total benefit payments less than amount required (1) This section applies if— (a) a preferred supplier is required under…
Section 370 — Preferred suppliers: paying them disability allowance: exception if allowance granted at maximum rate
370 Preferred suppliers: paying them disability allowance: exception if allowance granted at maximum rate (1) This section applies if the disability allowance granted to the person to whom section…
Section 371 — Preferred suppliers: no appeal lies against MSD decisions
371 Preferred suppliers: no appeal lies against MSD decisions An MSD decision under sections 368 to 370 — (a) may be reviewed under subpart 3 of this Part; but (b) cannot be reviewed, or appealed…
Section 372 — Preferred suppliers: transitional or savings provisions directions
372 Preferred suppliers: transitional or savings provisions directions (1) The Minister may from time to time give to MSD under this section written directions that set out transitional or savings…
Section 373 — Administration service providers: contracts
373 Administration service providers: contracts (1) MSD may from time to time, on behalf of the Crown, enter into a contract with any person, body, or organisation (a contracted service provider )…
Section 374 — Administration service providers: contents and form of contracts
374 Administration service providers: contents and form of contracts (1) A contract under section 373 — (a) must set out the responsibilities of the contracted service provider and MSD in respect of…
Section 375 — Administration service providers: adoption of existing contracts
375 Administration service providers: adoption of existing contracts (1) This section applies to a contract that MSD entered into with another party before 27 July 2012 (which is the date on which…
Section 376 — Administration service providers: MSD to ensure information published
376 Administration service providers: MSD to ensure information published MSD must, not later than 1 October in every year, ensure there is published the following information: (a) a general…
Section 377 — Conduct of provider of services in relation to young people to be treated for specified purposes as if MSD’s conduct
377 Conduct of provider of services in relation to young people to be treated for specified purposes as if MSD’s conduct Action or inaction by a contracted service provider contracted under section…
Section 378 — MSD may assign contracted service provider to young person
378 MSD may assign contracted service provider to young person MSD may assign a contracted service provider to a young person— (a) at a time— (i) after the young person has contacted MSD for…
Section 379 — Minister determines rates and conditions of employment and payment
379 Minister determines rates and conditions of employment and payment The following matters are to be at rates, and subject to conditions, determined by the Minister: (a) the employment for the…
Section 380 — Orders adopting reciprocity agreements
380 Orders adopting reciprocity agreements (1) The purpose of this section is to enable effect to be given in New Zealand law to an agreement (for example, a Convention), or an alteration to an…
Section 381 — Privacy report for orders adopting agreements with mutual assistance provisions
381 Privacy report for orders adopting agreements with mutual assistance provisions (1) This section applies to a reciprocity agreement, or an alteration to a reciprocity agreement, that contains a…
Section 382 — Interpretation
382 Interpretation In this subpart,— competent institution means an institution of a party that is responsible for the application of the reciprocity agreement party means a Government that has…
Section 383 — Inclusion of mutual assistance provisions in reciprocity agreements
383 Inclusion of mutual assistance provisions in reciprocity agreements Reciprocity agreements with other countries may contain and include mutual assistance provisions if those provisions being…
Section 384 — MSD may use mutual assistance provisions to recover debts
384 MSD may use mutual assistance provisions to recover debts (1) This section applies if an order is made under section 380 in respect of a reciprocity agreement that contains a provision for the…
Section 385 — MSD may use mutual assistance provisions to exchange information
385 MSD may use mutual assistance provisions to exchange information (1) This section applies if an order is made under section 380 in respect of a reciprocity agreement that contains a provision for…
Section 386 — Adverse action against individual if discrepancy shown by information from other country
386 Adverse action against individual if discrepancy shown by information from other country (1) This section applies if information received by MSD from the competent institution of the other…
Section 387 — Prosecutions and debt recovery proceedings: representation and fees
387 Prosecutions and debt recovery proceedings: representation and fees (1) This subsection applies to proceedings in respect of— (a) offences under this Act or under regulations made under this Act;…
Section 388 — Payment of benefit does not affect right to maintenance
388 Payment of benefit does not affect right to maintenance Any entitlement to, or payment of, a benefit under this Act, does not— (a) take away, or restrict, a person’s liability under an Act (for…
Section 389 — Maintenance proceedings
389 Maintenance proceedings (1) This section applies to proceedings under the Family Proceedings Act 1980 or the Child Support Act 1991 for, or relating to, all or any of the following during all or…
Section 390 — What this Part does
390 What this Part does This Part contains provisions on the following reviews and appeals: Reviews by benefits review committee (a) reviews by a benefits review committee, begun by a specified…
Section 391 — Right to seek review of specified decision of MSD made under delegation
391 Right to seek review of specified decision of MSD made under delegation (1) A person may make an application to MSD for a review by a benefits review committee of a decision of MSD, but only if—…
Section 392 — Application must be made within 3 months after date of notification or further period allowed
392 Application must be made within 3 months after date of notification or further period allowed (1) The application for review must be made within— (a) 3 months after the date of receiving…
Section 393 — Benefits review committee
393 Benefits review committee (1) Every benefits review committee is established, and operates, in accordance with Schedule 7 . (2) MSD must refer an application made under section 391 to the…
Section 394 — How to begin, and procedure and powers for, review by benefits review committee
394 How to begin, and procedure and powers for, review by benefits review committee Regulations made under section 451 provide for the following matters: (a) how to begin, and the procedure on, a…
Section 395 — Appeals only against decision confirmed or varied by benefits review committee or made by chief executive personally
395 Appeals only against decision confirmed or varied by benefits review committee or made by chief executive personally No decision can be appealed against under section 397 , 398 , or 399 unless…
Section 396 — Authority cannot hear and determine certain appeals on medical or capacity grounds
396 Authority cannot hear and determine certain appeals on medical or capacity grounds (1) The appeal authority must not, despite sections 397 , 398 , and 399 , hear and determine any appeal on…
Section 397 — Decision under specified social assistance enactments
397 Decision under specified social assistance enactments (1) An applicant or beneficiary may appeal to the appeal authority against any decision or determination of MSD made in relation to the…
Section 398 — Decision under reciprocity agreements
398 Decision under reciprocity agreements An applicant or beneficiary or other person may appeal to the appeal authority against a decision that was made in relation to that person by MSD under the…
Section 399 — Decision to recover excess amount
399 Decision to recover excess amount (1) A person specified in a row of the following table may appeal to the appeal authority against a decision that is— (a) of the kind specified in that row; and…
Section 400 — Appeal must be begun within 3 months of notification or further allowed period
400 Appeal must be begun within 3 months of notification or further allowed period (1) An appeal under section 397 , 398 , or 399 must be begun within— (a) 3 months after the date on which the…
Section 401 — Social security appeal authority
401 Social security appeal authority (1) The social security appeal authority (and every special social security appeal authority, if any) is established and operates under Schedule 8 . (2) The…