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Social Security Act 2018

Sections and provisions with full text and the judgments that cite each one.

Section 402 — Act does not affect appeals to authority under other enactments

402 Act does not affect appeals to authority under other enactments This Act does not affect appeals under other enactments to the appeal authority (or appeals in respect of determinations by the…

Section 403 — How to begin, and procedure and powers for, appeal to authority

403 How to begin, and procedure and powers for, appeal to authority The authority’s procedure, and the authority’s powers to deal with (for example, confirm, vary, revoke, or refer back to MSD for…

Section 404 — Notice, and carrying into effect, of decision

404 Notice, and carrying into effect, of decision (1) On the determination of an appeal, the authority’s Secretary must send to the chief executive and to the appellant a memorandum of— (a) the…

Section 405 — Right of appeal using case stated on question of law only

405 Right of appeal using case stated on question of law only A party to a proceeding before the authority may appeal to the High Court, by way of a case stated by the authority for the court’s…

Section 406 — Appeal must be begun, and case stated lodged, within time prescribed or allowed

406 Appeal must be begun, and case stated lodged, within time prescribed or allowed (1) An appellant must begin an appeal within— (a) 14 days after the date of the determination; or (b) a further…

Section 407 — How to begin, and procedure for, appeal to High Court

407 How to begin, and procedure for, appeal to High Court (1) Regulations made under section 451 provide for— (a) how to begin, and the procedure on, an appeal: (b) related matters specified in that…

Section 408 — Orders, etc, on successful appeal

408 Orders, etc, on successful appeal (1) This section applies if the High Court allows the appeal. (2) The High Court may exercise any power that the authority could have exercised under section 403…

Section 409 — Appeal, with Court of Appeal’s leave, against High Court’s determination

409 Appeal, with Court of Appeal’s leave, against High Court’s determination (1) This section applies to a determination of the High Court made in a proceeding that is an appeal under section 405 .…

Section 410 — Appeal, with Supreme Court’s leave, against High Court’s or Court of Appeal’s determination

410 Appeal, with Supreme Court’s leave, against High Court’s or Court of Appeal’s determination (1) This section applies to a determination that is— (a) a determination of the High Court made in a…

Section 411 — Right of appeal on medical grounds

411 Right of appeal on medical grounds Any applicant or beneficiary may appeal to the medical board against a decision of MSD that is— (a) made in relation to the applicant or beneficiary; and (b) of…

Section 412 — Appeal must be begun within 3 months of notification or further allowed period

412 Appeal must be begun within 3 months of notification or further allowed period (1) An appeal to the medical board under section 411 must be begun within— (a) 3 months after the date on which the…

Section 413 — Board

413 Board The board is established and operates under Schedule 9 . Compare: 1964 No 136 s 10B(4)

Section 414 — How to apply, and procedure and powers, for appeal to board

414 How to apply, and procedure and powers, for appeal to board Regulations made under section 451 provide for— (a) how to apply for, and the procedure on, an appeal; and (b) the board’s powers to…

Section 415 — Notice of, and carrying into effect, board’s decision

415 Notice of, and carrying into effect, board’s decision (1) On the determination of an appeal under section 411 , the Board must send to the chief executive and to the appellant a memorandum of—…

Section 416 — What this Part does

416 What this Part does This Part contains provisions on the following matters: (a) benefits being, in general, inalienable (unable to be assigned or charged, or to pass by operation of law): (b)…

Section 417 — Benefits cannot, in general, be assigned or charged, or pass by operation of law

417 Benefits cannot, in general, be assigned or charged, or pass by operation of law (1) No benefit is capable of being assigned or charged, or of passing to any other person by operation of law. (2)…

Section 418 — Regulations: general

418 Regulations: general Regulations for purposes of specified provisions (1) The Governor-General may, by Order in Council, make regulations for the purposes of all or any of the following…

Section 419 — Regulations: general powers not limited by special powers

419 Regulations: general powers not limited by special powers A power in section 418 is not limited by any other powers or duties in this Act to make regulations or rules by Order in Council, or to…

Section 420 — Regulations: effect of duties or powers to give directions

420 Regulations: effect of duties or powers to give directions A power in this Part to make any Orders in Council is not limited by any power or duty in or under this Act to give directions.

Section 421 — Regulations: residential requirement

421 Regulations: residential requirement The Governor-General may, by Order in Council, make regulations for the purposes of section 16 that specify circumstances in which a person— (a) is taken to…

Section 422 — Regulations: income exemptions

422 Regulations: income exemptions (1) The Governor-General may, by Order in Council, make regulations for the purposes of clause 9 of Schedule 3 (exclusion of amounts, items, payments, or income…

Section 423 — Regulations: accommodation supplement

423 Regulations: accommodation supplement (1) The Governor-General may, by Order in Council, make regulations that, for the purposes of subpart 10 of Part 2 and Part 7 of Schedule 4,— (a) set out the…

Section 424 — Regulations: childcare assistance

424 Regulations: childcare assistance (1) The Governor-General may, by Order in Council, make regulations for the purposes of subpart 12 of Part 2. (2) Regulations made under subsection (1) may…

Section 425 — Regulations: disability allowance: special categories of eligibility

425 Regulations: disability allowance: special categories of eligibility The Governor-General may, by Order in Council, make regulations for the purposes of section 85(1) (b) . Compare: 1964 No 136 s…

Section 426 — Regulations: use of disability allowance to fund specified expenses

426 Regulations: use of disability allowance to fund specified expenses (1) The Governor-General may, by Order in Council, make regulations relating to the use of a disability allowance to fund…

Section 427 — Regulations: funeral grants: amounts and methods of payment

427 Regulations: funeral grants: amounts and methods of payment (1) The Governor-General may, by Order in Council, make regulations for the purposes of section 90 . (2) Regulations made under…

Section 428 — Regulations: temporary additional support

428 Regulations: temporary additional support (1) The Governor-General may, by Order in Council, make regulations for the purposes of subpart 16 of Part 2. (2) Regulations made under subsection (1)…

Section 429 — Regulations: participation allowance for people participating in activities

429 Regulations: participation allowance for people participating in activities (1) The Governor-General may, by Order in Council, make regulations to provide for persons participating in activities…

Section 430 — Regulations: specific obligations: obligations in relation to dependent children: definitions and attendance

430 Regulations: specific obligations: obligations in relation to dependent children: definitions and attendance (1) The Governor-General may, by Order in Council, make regulations for either or both…

Section 431 — Regulations: specific obligations: work-test obligations, and deferrals of, or exemptions from, specified obligations

431 Regulations: specific obligations: work-test obligations, and deferrals of, or exemptions from, specified obligations (1) The Governor-General may, by Order in Council, make regulations for all…

Section 432 — Regulations: factors affecting benefits: pre-benefit activities

432 Regulations: factors affecting benefits: pre-benefit activities (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the purposes of…

Section 433 — Regulations: factors affecting benefits: insurance recovery

433 Regulations: factors affecting benefits: insurance recovery (1) The Governor-General may, by Order in Council, make regulations for the purposes of section 186 . (2) Regulations made under…

Section 434 — Regulations: factors affecting benefits: overseas pensions

434 Regulations: factors affecting benefits: overseas pensions (1) The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: (a) providing for the…

Section 435 — Regulations: factors affecting benefits: issue of warrant to arrest beneficiary

435 Regulations: factors affecting benefits: issue of warrant to arrest beneficiary (1) The Governor-General may, by Order in Council, make regulations for the purposes of sections 209 to 216 . (2)…

Section 436 — Regulations: factors affecting benefits: absence from New Zealand

436 Regulations: factors affecting benefits: absence from New Zealand (1) The Governor-General may, by Order in Council, make regulations for the purposes of section 219 . (2) Regulations made under…

Section 437 — Regulations: issue and use of entitlement cards

437 Regulations: issue and use of entitlement cards (1) The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: (a) providing for the issue of…

Section 438 — Regulations: application for benefit: making of, help with, lapse, and deemed receipt

438 Regulations: application for benefit: making of, help with, lapse, and deemed receipt (1) The Governor-General may, by Order in Council, make regulations for the purposes of section 297 . (2)…

Section 439 — Regulations: certain benefits granted, or granted at rate, not taking into account certain insurance payments

439 Regulations: certain benefits granted, or granted at rate, not taking into account certain insurance payments (1) The Governor-General may, by Order in Council, make regulations for the purposes…

Section 440 — Regulations: exemptions from, and calculation of, stand down

440 Regulations: exemptions from, and calculation of, stand down (1) The Governor-General may, by Order in Council, make regulations for the purposes of sections 315 and 316(1) (b) and (4) . (2)…

Section 441 — Regulations: expiry and regrant of specified benefits

441 Regulations: expiry and regrant of specified benefits (1) The Governor-General may, by Order in Council, make regulations for the purposes of sections 331 to 336 . (2) Regulations made under…

Section 442 — Regulations: payments

442 Regulations: payments (1) The Governor-General may, by Order in Council, make regulations for the purposes of section 337 . (2) Regulations made under subsection (1) may (without limitation) do…

Section 443 — Regulations: payments during epidemic in New Zealand

443 Regulations: payments during epidemic in New Zealand (1) The Governor-General may, by Order in Council, make regulations authorising MSD, when a domestic epidemic management notice is in force,…

Section 444 — Regulations: debts and deductions

444 Regulations: debts and deductions (1) The Governor-General may, by Order in Council, make regulations for the purposes of section 353 . (2) Regulations made under subsection (1) may (without…

Section 445 — Regulations: further provisions on deductions

445 Regulations: further provisions on deductions Regulations for the purposes of section 444(2) (g) may (without limitation) do all or any of the following: (a) require a debtor’s payer to deduct…

Section 446 — Regulations: advance payment of instalments of benefit

446 Regulations: advance payment of instalments of benefit (1) The Governor-General may, by Order in Council, make regulations for the purposes of section 347 . (2) Regulations made under subsection…

Section 447 — Regulations: budgeting activities due to application for advance payment of instalments of benefit

447 Regulations: budgeting activities due to application for advance payment of instalments of benefit (1) The Governor-General may, by Order in Council, make regulations for the purposes of section…

Section 448 — Regulations: remittance or suspension of debt

448 Regulations: remittance or suspension of debt (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring or permitting— (a) the…

Section 449 — Regulations: ways MSD or person can meet requirement to give notice or other document

449 Regulations: ways MSD or person can meet requirement to give notice or other document (1) The Governor-General may, by Order in Council, make regulations for the purposes of section 364 . (2)…

Section 450 — Regulations: reciprocity agreements with mutual assistance provisions, and adverse action if discrepancy shown by information from other country

450 Regulations: reciprocity agreements with mutual assistance provisions, and adverse action if discrepancy shown by information from other country (1) The Governor-General may, by Order in Council,…

Section 451 — Regulations: how to begin, and procedure and powers for, review or appeal

451 Regulations: how to begin, and procedure and powers for, review or appeal (1) The Governor-General may, by Order in Council, make regulations for the purposes of sections 394 , 403(a) , 407 , and…