Social Security Act 2018
Sections and provisions with full text and the judgments that cite each one.
Section Sch3-21 — How costs, etc, for approved programme of special assistance may be affected by debt, or health or disability, insurance payment
21 How costs, etc, for approved programme of special assistance may be affected by debt, or health or disability, insurance payment (1) This clause applies to a person if a debt insurance payment, or…
Section 4 — Principles
4 Principles Every person performing or exercising a duty, function, or power under this Act must have regard to the following general principles: (a) work in paid employment offers the best…
Section 5 — Guide to this Act
5 Guide to this Act General provisions (1) Part 1 contains general provisions (for example, on definitions). Assistance (2) Part 2 contains provisions on assistance, as follows: Main assistance (a)…
Section Sch5 — Asset and income limits
Schedule 5 Asset and income limits ss 67 , 85 , 91 , 93 , 452 Part 1 Asset limits 1 For a single person without dependent children $1,076.96 2 For a person who is in a relationship with or without…
Section 6 — Definitions are in dictionary in Schedule 2
6 Definitions are in dictionary in Schedule 2 The dictionary in Schedule 2 defines terms used in this Act. Compare: 1964 No 136 ss 3(1), (5) , 10B(5) , 11(8) , 11G(1) , 11H(1) , 20A , 39A(1) , 60H(1)…
Section Sch6-1 — Duty to answer questions asked by MSD
1 Duty to answer questions asked by MSD (1) A person (even if not an applicant for a benefit) must answer all questions the person is asked (in any way) by MSD about all or any of the following: (a)…
Section Sch6-10 — Relationship with Privacy Act 1993 code of practice
10 Relationship with Privacy Act 1993 code of practice (1) Nothing in the code of conduct can affect any code of practice issued by the Privacy Commissioner under Part 6 of the Privacy Act 1993 that…
Section Sch6-11 — Availability, and application of Legislation Act 2012
11 Availability, and application of Legislation Act 2012 (1) As soon as practicable after issuing a code or an amendment to it, MSD must ensure it is published in a form accessible to the public. (2)…
Section Sch6-12 — Complaints of breach
12 Complaints of breach (1) This clause applies to a person who— (a) is required by a requirement under clause 2 to give any information or document; or (b) is the subject of the information or…
Section Sch6-13 — Beneficiary contact details for fines enforcement
13 Beneficiary contact details for fines enforcement (1) The purpose of this clause is to enable the Ministry of Justice to locate a beneficiary who is in default in the payment of a fine (and this…
Section Sch6-14 — Address details for birth registration purposes
14 Address details for birth registration purposes (1) The purpose of this clause is to assist in locating and contacting the mothers of children whose births are unregistered, so that the births may…
Section Sch6-15 — Warrant to arrest information for determining effect on benefit
15 Warrant to arrest information for determining effect on benefit (1) The purpose of this clause is to enable MSD to implement effectively section 209 (and this clause for that purpose authorises…
Section Sch6-16 — Disclosure for services to young people not in education or training
16 Disclosure for services to young people not in education or training (1) MSD may enter into an agreement under Part 9A of the Privacy Act 1993 with the chief executive of the Ministry of Education…
Section Sch6-17 — Purpose of clause 18
17 Purpose of clause 18 The purpose of clause 18 is to authorise local agencies (for example, schools, primary health organisations, and the New Zealand Police) to disclose relevant personal…
Section Sch6-18 — Disclosure of information relevant to young people functions
18 Disclosure of information relevant to young people functions (1) An agency specified by the Governor-General by Order in Council for the purposes of this subclause may, for the purposes of this…
Section Sch6-19 — Purpose of clause 20
19 Purpose of clause 20 The purpose of clause 20 is— (a) to authorise MSD and any contracted service provider to disclose to each other relevant personal information about persons to whom the…
Section Sch6-2 — Power to obtain information
2 Power to obtain information (1) MSD may for all or any of the purposes specified in clause 3 , by written notice given to a person ( P ), require P, without charge, and within a period (of 5 or…
Section Sch6-20 — Disclosure of information about people to whom service provider’s contract applies
20 Disclosure of information about people to whom service provider’s contract applies (1) This clause applies to any personal information about a person or persons to whom a contract under section…
Section Sch6-21 — Complaints of breach of requirements for disclosure
21 Complaints of breach of requirements for disclosure (1) A person may complain to the Privacy Commissioner if personal information relating to the person has been disclosed under an…
Section Sch6-3 — Purposes
3 Purposes Information may be obtained under clause 2 for all or any of the following purposes: (a) determining whether a person who has made a claim for, is receiving, or has received, a benefit or…
Section Sch6-4 — Privilege
4 Privilege (1) Clause 2 does not require a person to provide information or produce a document that would be privileged in a court of law. (2) Subclause (1) is subject to the exception specified in…
Section Sch6-5 — Offences
5 Offences (1) A person commits an offence if the person— (a) refuses or fails, without reasonable excuse, to comply with a notice given under clause 2 to the extent that the person is capable of…
Section Sch6-6 — Power to obtain for matching purposes information from employers
6 Power to obtain for matching purposes information from employers (1) This clause applies to an employer if MSD has reason to suspect that there is, or may have been, employed by the employer, a…
Section Sch6-7 — Matching of information obtained from employer
7 Matching of information obtained from employer (1) If MSD obtains information under a notice issued under clause 2 , and that information, when used in an information-matching programme, produces a…
Section Sch6-8 — General
8 General (1) MSD must, in consultation with the Privacy Commissioner appointed under the Privacy Act 1993 , ensure there is in force at all times after the commencement of this clause a code of…
Section Sch6-9 — Matters to be included
9 Matters to be included (1) The code of conduct issued under clause 8 must contain the following matters: (a) provisions that, before a requirement under clause 2 is issued to a person other than…
Section 7 — Minister may give MSD binding directions
7 Minister may give MSD binding directions (1) The Minister may give MSD general or special written directions about MSD’s performing or exercising any duties, functions, or powers of MSD under…
Section Sch7-1 — Establishment
1 Establishment The Minister must establish at least 1 benefits review committee for every MSD office where decisions or recommendations in relation to the matters to which this Act applies are made…
Section Sch7-2 — Membership
2 Membership Every benefits review committee must consist of— (a) a person who is— (i) appointed by the Minister; and (ii) to represent on the committee the community’s interests; and (b) 2 MSD…
Section Sch7-3 — Member to represent community’s interests
3 Member to represent community’s interests (1) This clause applies to the member appointed under clause 2(a) . (2) The member holds office on any terms and conditions that— (a) are not inconsistent…
Section Sch7-4 — Secretarial and administrative services
4 Secretarial and administrative services All secretarial and administrative services required for the committee’s purposes must be supplied by MSD. Compare: 1964 No 136 s 10A(5)
Section Sch7-5 — Quorum, and committee’s decision, at meetings
5 Quorum, and committee’s decision, at meetings At any meeting of the committee,— (a) the quorum is the committee’s total membership; and (b) the decision of any 2 members of the committee is the…
Section Sch7-6 — MSD employee cannot act as committee member if that employee was involved in decision being reviewed
6 MSD employee cannot act as committee member if that employee was involved in decision being reviewed An MSD employee cannot act as a member of the committee if that employee was involved in the…
Section 8 — Determinations person is single or in de facto relationship
8 Determinations person is single or in de facto relationship (1) This section applies to a decision by MSD so far as the decision does all or any the following: (a) determines (that is, grants, or…
Section Sch8-1 — Social Security Appeal Authority
1 Social Security Appeal Authority (1) This clause establishes the Social Security Appeal Authority. (2) The authority consists of 3 persons appointed by the Governor-General on the recommendation of…
Section Sch8-10 — Sittings: in private or public
10 Sittings: in private or public (1) Every sitting of the authority is to be held in private. (2) Subclause (1) does not apply to the extent that the authority under this clause orders that all or a…
Section Sch8-11 — Publication of proceedings
11 Publication of proceedings (1) No person may publish without the authority’s authorisation all or a part of any proceedings before the authority. (2) The authority’s authorisation is not given…
Section Sch8-12 — Authority has powers under Commissions of Inquiry Act 1908
12 Authority has powers under Commissions of Inquiry Act 1908 (1) The Authority is, within the scope of its jurisdiction, deemed to be a commission of inquiry under the Commissions of Inquiry Act…
Section Sch8-2 — Term of office of members
2 Term of office of members (1) Every member (except so far as this Act provides otherwise)— (a) holds office for a term not exceeding 3 years; and (b) may be reappointed. (2) Every member continues…
Section Sch8-3 — Extraordinary vacancies
3 Extraordinary vacancies (1) A member may at any time be removed from office by the Governor-General for all or any of the following, proved to the Governor-General’s satisfaction: (a) inability to…
Section Sch8-4 — Special appeal authorities
4 Special appeal authorities (1) The Governor-General may from time to time (by appointing their members under this clause) establish 1 or more special authorities. (2) Each special authority…
Section Sch8-5 — Deputies of members
5 Deputies of members (1) The Governor-General may, on the recommendation of the Minister given after consultation with the Minister of Justice, appoint some other person qualified for appointment to…
Section Sch8-6 — Remuneration and travelling and other expenses
6 Remuneration and travelling and other expenses (1) The authority is, for the purposes of the fees framework, a statutory body in which the Crown has an interest. (2) Members— (a) may be paid…
Section Sch8-7 — Secretary to, and secretarial and administrative services for, authority
7 Secretary to, and secretarial and administrative services for, authority The chief executive of the Ministry of Justice must— (a) designate an officer of the Ministry of Justice to be secretary to…
Section Sch8-8 — Seal
8 Seal (1) The authority must have a seal. (2) The authority’s seal must be judicially noticed— (a) by all courts or persons acting judicially; and (b) for all purposes. Compare: 1964 No 136 s 12H
Section Sch8-9 — Sittings: location, quorum, and authority’s decision
9 Sittings: location, quorum, and authority’s decision (1) Each sitting of the authority is to be held in the place it considers convenient having regard to the nature of the matters to be decided.…
Section 9 — Interpretation: references to old law, and using it as a guide
9 Interpretation: references to old law, and using it as a guide (1) A reference in an enactment or a document to the following former enactments or to a provision of them, is to be interpreted as a…
Section Sch9-1 — Establishment and membership
1 Establishment and membership (1) A medical board consists of 3 members appointed— (a) by the chief executive; and (b) for the particular purpose. (2) A person is ineligible for appointment as a…
Section Sch9-2 — Members’ terms and conditions of office
2 Members’ terms and conditions of office (1) Each member holds office on terms and conditions that— (a) are not inconsistent with this Act; and (b) the chief executive thinks fit. (2) Each member—…
Section Sch9-3 — Secretarial and administrative services
3 Secretarial and administrative services MSD must meet the costs of all secretarial and administrative services required for a board’s purposes. Compare: 1964 No 136 s 10A(5)