Social Security Act 2018
Sections and provisions with full text and the judgments that cite each one.
Section Sch9-4 — Quorum, and board’s decision, at meetings
4 Quorum, and board’s decision, at meetings At any meeting of a board,— (a) the quorum is that board’s total membership; and (b) the decision of any 2 members of that board is that board’s decision.…
Section 10 — Comparative tables of old and new provisions
10 Comparative tables of old and new provisions (1) Schedule 12 (comparative tables of old and rewritten provisions) sets out corresponding provisions in the following former enactments and this Act…
Section Sch10-31 — References to Child Welfare Officer to be read as references to social workers, etc
31 References to Child Welfare Officer to be read as references to social workers, etc (1) Every reference in this Act and its amendments, as in force on or after 1 April 1972, to a Child Welfare…
Section Sch10-34 — Effect on other benefits
34 Effect on other benefits A person being paid a benefit under section 31 is not entitled to receive any assistance under the Social Security Act 2018 or under a programme approved under section 100…
Section Sch10-39 — Right to benefits
39 Right to benefits (1) A resident is not disentitled from obtaining a benefit (as defined in Schedule 2 of the Social Security Act 2018). (2) For the purpose of calculating the benefit, the…
Section Sch10-9 — Hearing and disposal of appeal
9 Hearing and disposal of appeal (1) Sections 400, 401(3) and (4), 403, 404, and 405 to 410, and Schedule 8, and regulations made under section 451, of the Social Security Act 2018 apply to the…
Section Sch10-101B — Power to issue deduction notices under Social Security Act 2018
101B Power to issue deduction notices under Social Security Act 2018 (1) This section applies to a payment— (a) under a maintenance order; and (b) that is in arrear and unpaid. (2) The chief…
Section 11 — Transitional, savings, and related provisions
11 Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms. Compare: 1964 No 136 s 3C , Schedule 32
Section Sch11 — Identified changes in legislation
Schedule 11 Identified changes in legislation s 9(6) (a) Notes: Each identified change is a significant difference in substance between the old law and the new law. Identified changes unrelated to…
Section 12 — Act binds the Crown
12 Act binds the Crown This Act binds the Crown.
Section Sch12 — Comparative tables of old and rewritten provisions
Schedule 12 Comparative tables of old and rewritten provisions s 10 Note—Provisions shown as omitted have been omitted because they are spent or redundant. Part A Social Security Act 1964:…
Section 13 — Status of guides or outlines
13 Status of guides or outlines All guides or outlines in this Act are by way of explanation only. They do not affect the provisions specified in them.
Section 14 — Status of examples
14 Status of examples (1) An example used in an enactment in or made under this Act is only illustrative of the provisions to which it relates. It does not limit those provisions. (2) If an example…
Section 15 — What this Part does
15 What this Part does This Part— (a) sets out the various types of assistance through which MSD provides people with financial support; and (b) specifies the requirements for each type of assistance.
Section 16 — Residential requirement
16 Residential requirement (1) This section sets out the residential requirement that must be met by applicants for certain types of assistance under this Part. (2) A person ( P ) meets the…
Section 17 — Rates
17 Rates (1) Assistance granted under this Part must be paid at the appropriate rate specified in Schedule 4 . (2) Subsection (1) does not apply to the following assistance granted under this Part:…
Section 18 — General limitation on receiving more than 1 benefit
18 General limitation on receiving more than 1 benefit A person is not entitled to receive at the same time, in his or her own right,— (a) more than 1 main benefit under this Act; or (b) a main…
Section 19 — General limitation on receiving benefit: persons unlawfully resident or present in New Zealand and persons holding temporary entry class visa
19 General limitation on receiving benefit: persons unlawfully resident or present in New Zealand and persons holding temporary entry class visa (1) A person is not entitled or eligible to receive a…
Section 20 — Jobseeker support: requirements
20 Jobseeker support: requirements A person is entitled to jobseeker support if the person— (a) has a work gap; and (b) is available for work; and (c) meets the age requirement; and (d) meets the…
Section 21 — What is work gap
21 What is work gap (1) A person ( P ) has a work gap if— (a) P is not in full-time employment; or (b) P is in employment but is losing earnings through a health condition or injury (for example, is…
Section 22 — When person is available for work
22 When person is available for work A person ( P ) is available for work if P— (a) is available for and seeking full-time employment and— (i) is willing and able to undertake it; and (ii) has taken…
Section 23 — Jobseeker support: age requirement
23 Jobseeker support: age requirement An applicant for jobseeker support meets the age requirement if the applicant is— (a) at least 18 years old, in the case of an applicant without a dependent…
Section 24 — Jobseeker support: no or minimum income
24 Jobseeker support: no or minimum income (1) In this subpart, a person ( P ) has no or minimum income if P has— (a) no income; or (b) income of less than the amount that would reduce the applicable…
Section 25 — Jobseeker support: discretionary grant on ground of hardship
25 Jobseeker support: discretionary grant on ground of hardship (1) MSD may grant jobseeker support to a person ( P ) who is eligible under subsection (2), (3), or (4) if P— (a) is in hardship; and…
Section 26 — Jobseeker support: ineligibility
26 Jobseeker support: ineligibility A person ( P ) is not entitled to, or eligible to be granted, jobseeker support if— (a) P is a full-time student (unless P is eligible under section 25 ); or (b) P…
Section 27 — Jobseeker support: on ground of health condition, injury, or disability: application must include certificate
27 Jobseeker support: on ground of health condition, injury, or disability: application must include certificate (1) An applicant ( A ) for jobseeker support on the ground of health condition,…
Section 28 — Jobseeker support: on ground of health condition, injury, or disability: medical examination
28 Jobseeker support: on ground of health condition, injury, or disability: medical examination (1) MSD may at any time require an applicant for, or a person receiving, jobseeker support on the…
Section 29 — Sole parent support: requirements
29 Sole parent support: requirements A person is entitled to sole parent support if the person— (a) meets the sole parent requirement; and (b) either— (i) is not in a situation of split care ( see…
Section 30 — What is sole parent requirement
30 What is sole parent requirement (1) A person ( P ) meets the sole parent requirement if P is the mother or father of, and caring for, at least 1 dependent child aged under 14 years and— (a) P is…
Section 31 — When dependent child may be regarded as applicant’s child
31 When dependent child may be regarded as applicant’s child For the purposes of this subpart, MSD may regard a dependent child as being a child of an applicant ( A ), and A as being the mother or…
Section 32 — Sole parent support: situation of split care
32 Sole parent support: situation of split care (1) This section applies to the parents of 2 or more dependent children if— (a) the parents are living apart; and (b) each parent is the principal…
Section 33 — Expiry of sole parent support, and replacement with jobseeker support, when youngest dependent child turns 14 years old
33 Expiry of sole parent support, and replacement with jobseeker support, when youngest dependent child turns 14 years old (1) This section applies to a person ( P ) who is receiving sole parent…
Section 34 — Supported living payment: on ground of restricted work capacity or total blindness: requirements
34 Supported living payment: on ground of restricted work capacity or total blindness: requirements A person is entitled to the supported living payment if the person— (a) has restricted work…
Section 35 — When person has restricted work capacity
35 When person has restricted work capacity (1) A person ( P) has restricted work capacity if P is permanently and severely restricted in P’s capacity for work because of a health condition, or…
Section 36 — Supported living payment: on ground of restricted work capacity or total blindness: ineligibility
36 Supported living payment: on ground of restricted work capacity or total blindness: ineligibility A person ( P ) must not be granted a supported living payment if MSD is satisfied that P’s…
Section 37 — Supported living payment: on ground of restricted work capacity or total blindness: medical examination
37 Supported living payment: on ground of restricted work capacity or total blindness: medical examination (1) The section applies to a person ( P ) who is an applicant for, or who is receiving, a…
Section 38 — Supported living payment: on ground of restricted work capacity or total blindness: payment not apportioned in specified cases
38 Supported living payment: on ground of restricted work capacity or total blindness: payment not apportioned in specified cases (1) This section applies to a person ( P ) who is in a relationship…
Section 39 — Supported living payment: on ground of restricted work capacity: encouraging open employment
39 Supported living payment: on ground of restricted work capacity: encouraging open employment (1) The purpose of this section is to encourage specified recipients of a supported living payment to…
Section 40 — Supported living payment: on ground of caring for another person: requirements
40 Supported living payment: on ground of caring for another person: requirements (1) A person ( C ) is entitled to the supported living payment if— (a) MSD is satisfied that C is required to give…
Section 41 — Supported living payment: on ground of caring for another person: application must include certificate
41 Supported living payment: on ground of caring for another person: application must include certificate (1) A person ( C ) who applies for a supported living payment on the ground of caring for…
Section 42 — Supported living payment: on ground of caring for another person: medical examination
42 Supported living payment: on ground of caring for another person: medical examination (1) When considering an application for, or reviewing under subpart 3 of Part 6, a supported living payment on…
Section 43 — Orphan’s benefit: requirements
43 Orphan’s benefit: requirements (1) This section applies if, because of the circumstances specified in subsection (2), a child has no parent (as defined in subsection (3)) who is able to care for…
Section 44 — Who is eligible caregiver
44 Who is eligible caregiver A person ( P ) is an eligible caregiver of a child if— (a) P is aged 18 years or over; and (b) P is not a parent (as defined in section 43(3) ) of the child; and (c) the…
Section 45 — Orphan’s benefit to be used for benefit of child
45 Orphan’s benefit to be used for benefit of child (1) The purpose of the orphan’s benefit is to provide financial support for the cost of caring for a child who is not the caregiver’s own. (2) A…
Section 46 — Unsupported child’s benefit: requirements
46 Unsupported child’s benefit: requirements (1) This section applies if, because of the circumstances specified in subsection (2), a child has no parent (as defined in subsection (3)) who is able…
Section 47 — Who is eligible caregiver
47 Who is eligible caregiver A person ( P ) is an eligible caregiver of a child if— (a) P is aged 18 years or over; and (b) P is not a parent (as defined in section 46(3) ) of the child; and (c) the…
Section 48 — Unsupported child’s benefit to be used for benefit of child
48 Unsupported child’s benefit to be used for benefit of child (1) The purpose of the unsupported child’s benefit is to provide financial support for the cost of caring for a child who is not the…
Section 49 — Youth payment: requirements
49 Youth payment: requirements A person ( P ) is entitled to a youth payment if— (a) P is aged 16 or 17 years; and (b) P is study ready; and (c) P has no dependent children; and (d) P meets the…
Section 50 — When person is study ready
50 When person is study ready In this subpart, a person is study ready if the person— (a) is undertaking or is available for full-time education or training leading to— (i) NCEA level 2; or (ii) an…
Section 51 — Youth payment: no or minimum income
51 Youth payment: no or minimum income (1) In this subpart, a person ( P ) has no or minimum income if P has— (a) no income; or (b) income of less than the amount that would reduce the applicable…