Social Security Act 2018
Sections and provisions with full text and the judgments that cite each one.
Section 102 — Special assistance: status of, and access to, notices
102 Special assistance: status of, and access to, notices (1) A notice given under section 99 , 100 , or 101 ,— (a) must, as soon as practicable after it is given, be— (i) published on an Internet…
Section 103 — Provisions relating to children aged 18 years or over who continue education
103 Provisions relating to children aged 18 years or over who continue education (1) This section applies where a child ( C ) aged 18 years— (a) is not financially independent; and (b) is attending…
Section 104 — What this Part does
104 What this Part does This Part sets out the obligations of— (a) MSD: (b) beneficiaries and their partners.
Section 105 — Failure to comply with obligation under this Part
105 Failure to comply with obligation under this Part (1) A person who is subject to an obligation under this Part and who fails to comply with that obligation without good and sufficient reason is…
Section 106 — MSD must make people affected aware of their obligations, consequences of non-compliance, and their review and appeal rights
106 MSD must make people affected aware of their obligations, consequences of non-compliance, and their review and appeal rights MSD must take reasonable and appropriate steps to make a person to…
Section 107 — MSD must explain rules relating to absence from New Zealand
107 MSD must explain rules relating to absence from New Zealand MSD must take reasonable and appropriate steps to explain, to every person who is, or appears to MSD to be likely to be, affected by…
Section 108 — MSD must assist in relation to obtaining overseas pension, etc
108 MSD must assist in relation to obtaining overseas pension, etc MSD must take all reasonable steps to assist any person to comply with that person’s obligations under sections 173 and 177 .…
Section 109 — Outline of beneficiary’s general and specific obligations
109 Outline of beneficiary’s general and specific obligations (1) The general obligations of a beneficiary, that is, obligations that apply to all beneficiaries, are the following: (a) the obligation…
Section 110 — When obligations apply
110 When obligations apply An obligation applies from the time that the benefit in question is paid, except in the case of— (a) the applicant’s or beneficiary’s obligation to hold, and give MSD…
Section 111 — Beneficiary must hold, and give MSD details of, bank account
111 Beneficiary must hold, and give MSD details of, bank account (1) It is a condition of every benefit, unless MSD in a particular case determines otherwise, that the applicant or beneficiary must,…
Section 112 — Beneficiary must supply tax file number
112 Beneficiary must supply tax file number (1) MSD may in writing request an applicant for a benefit or a beneficiary to provide evidence, to the satisfaction of MSD, of the tax file number of the…
Section 113 — Beneficiary must notify change of circumstances
113 Beneficiary must notify change of circumstances (1) A beneficiary must without delay notify MSD of a change in the beneficiary’s circumstances if— (a) the change affects the beneficiary’s…
Section 114 — Obligation to notify absence from New Zealand
114 Obligation to notify absence from New Zealand (1) A beneficiary who intends to be absent from New Zealand must before leaving New Zealand notify MSD of the beneficiary’s intended absence. (2)…
Section 115 — Obligation to undergo work ability assessment
115 Obligation to undergo work ability assessment Sections 116 to 119 set out the obligation of a person to undergo a work ability assessment.
Section 116 — Persons subject to work ability assessment
116 Persons subject to work ability assessment The following persons must comply with a requirement under section 118 by MSD that they undergo a work ability assessment: (a) a person who receives any…
Section 117 — Persons not subject to work ability assessment
117 Persons not subject to work ability assessment MSD must not require a person who receives a supported living payment on the ground of restricted work capacity to undergo a work ability assessment…
Section 118 — Work ability assessment
118 Work ability assessment (1) MSD may at any time require a person to whom this section applies to attend and participate in a work ability assessment to determine, or help determine, all or any of…
Section 119 — Person who fails to comply with requirement to undergo work ability assessment is subject to sanction
119 Person who fails to comply with requirement to undergo work ability assessment is subject to sanction A person ( P ) is subject to a sanction under section 236 , 237 , or 238 if MSD is satisfied…
Section 120 — Work-preparation obligations
120 Work-preparation obligations (1) Sections 121 to 126 set out a person’s work-preparation obligations. (2) Those obligations are intended— (a) to facilitate the movement into ongoing employment…
Section 121 — Persons subject to work-preparation obligations
121 Persons subject to work-preparation obligations The following persons must comply with section 124 and may be required to do any of the things set out in section 125 : (a) a person who receives…
Section 122 — Persons not subject to work-preparation obligations
122 Persons not subject to work-preparation obligations The following persons are not required to comply with section 124 and must not be required to do any of the things set out in section 125 : (a)…
Section 123 — Persons subject to work-preparation obligations if sufficient capacity to comply
123 Persons subject to work-preparation obligations if sufficient capacity to comply (1) The following persons are not required to comply with section 124 but may be required to do any of the things…
Section 124 — General obligation to take all steps to prepare for employment
124 General obligation to take all steps to prepare for employment A person to whom this section applies must take all steps that are reasonably practicable in the person’s circumstances to prepare…
Section 125 — Work-preparation obligations as required by MSD
125 Work-preparation obligations as required by MSD A person to whom this section applies must, as required by MSD from time to time,— (a) undertake planning for employment: (b) attend and…
Section 126 — Person who fails to comply with work-preparation obligation subject to sanction
126 Person who fails to comply with work-preparation obligation subject to sanction A person ( P ) is subject to a sanction under section 236 , 237 , or 238 if MSD is satisfied that P has, without a…
Section 127 — Obligations in relation to dependent children
127 Obligations in relation to dependent children Sections 128 to 135 set out obligations in relation to the dependent children of— (a) a beneficiary receiving certain main benefits under this Act;…
Section 128 — Obligations of beneficiary in relation to dependent children
128 Obligations of beneficiary in relation to dependent children A beneficiary is subject to the obligations set out in sections 131 to 135 in relation to the beneficiary’s dependent children or the…
Section 129 — Obligations of spouse or partner of beneficiary in relation to dependent children of beneficiary
129 Obligations of spouse or partner of beneficiary in relation to dependent children of beneficiary (1) The spouse or partner of a beneficiary is subject to the obligations set out in sections 131…
Section 130 — Obligations of spouse or partner of beneficiary in relation to dependent children of spouse or partner
130 Obligations of spouse or partner of beneficiary in relation to dependent children of spouse or partner (1) The spouse or partner of a beneficiary is subject to the obligations set out in sections…
Section 131 — Attendance of dependent child aged 3 to 5 years at early childhood education programme
131 Attendance of dependent child aged 3 to 5 years at early childhood education programme (1) A person to whom this section applies must take all reasonable steps to ensure that each dependent child…
Section 132 — Attendance of dependent child aged 5 or 6 years at early childhood education programme or registered school
132 Attendance of dependent child aged 5 or 6 years at early childhood education programme or registered school (1) A person to whom this section applies ( A ) must take all reasonable steps to…
Section 133 — Attendance of dependent child aged 6 to 15 years at registered school
133 Attendance of dependent child aged 6 to 15 years at registered school (1) A person to whom this section applies must take all reasonable steps to ensure that each dependent child aged 6 to 15…
Section 134 — Health care enrolment and compliance with core health checks
134 Health care enrolment and compliance with core health checks (1) A person to whom this section applies must take all reasonable steps to ensure that each dependent child is enrolled with a…
Section 135 — Interviews and reporting
135 Interviews and reporting A person to whom this section applies must, as required by MSD,— (a) attend and participate in an interview with an MSD employee or a person on behalf of MSD: (b) report…
Section 136 — Person who fails to comply with obligations in relation to dependent children is subject to sanction
136 Person who fails to comply with obligations in relation to dependent children is subject to sanction (1) A person ( P ) is subject to a sanction under section 236 , 237 , or 238 if MSD is…
Section 137 — Definitions and attendance: regulations made under section 430
137 Definitions and attendance: regulations made under section 430 (1) Regulations made under section 430 may prescribe, for the purposes of sections 131 to 134 , the meaning of the following terms:…
Section 138 — Work-test obligations
138 Work-test obligations Sections 140 to 154 set out the work-test obligations.
Section 139 — Purpose of sections 140 to 154
139 Purpose of sections 140 to 154 The purpose of sections 140 to 154 is— (a) to ensure that work-tested beneficiaries maintain an unrelenting focus on entering, retaining, or returning to,…
Section 140 — Persons subject to work-test obligations
140 Persons subject to work-test obligations (1) The following persons must comply with section 144 and may be required to do any of the things set out in section 146 : (a) a person who receives…
Section 141 — Jobseeker support: work capacity determination and work test
141 Jobseeker support: work capacity determination and work test (1) MSD makes every determination under this subsection whether a person granted jobseeker support on the ground of health condition,…
Section 142 — Person not subject to work-test obligations
142 Person not subject to work-test obligations A person ( P ) who is otherwise subject to a work-test obligation is not subject to that obligation if— (a) the obligation has been deferred under…
Section 143 — Time when work-test obligation applies
143 Time when work-test obligation applies (1) An obligation set out in section 144 or 146 applies on— (a) a day that is a day between Monday and Friday (inclusive); or (b) a prescribed day of the…
Section 144 — General obligation to be available for suitable employment, etc
144 General obligation to be available for suitable employment, etc A person to whom this section applies must— (a) be available for, and take reasonable steps to obtain, suitable employment; and (b)…
Section 145 — Meaning of suitable employment
145 Meaning of suitable employment In section 144 , suitable employment , in relation to a person ( P ), means employment that MSD is satisfied is suitable for P to undertake for a specific number of…
Section 146 — Work-test obligations as required by MSD
146 Work-test obligations as required by MSD (1) A person to whom this section applies must, as required by MSD from time to time,— (a) undertake planning for employment: (b) attend and participate…
Section 147 — Obligation to undertake and pass drug test
147 Obligation to undertake and pass drug test (1) A person to whom an obligation under section 144(a) , 144(c), 146(1) (d) (ii) , or 146(1) (d) (iv) applies must undertake and pass a drug test by a…
Section 148 — Compliant drug test defined
148 Compliant drug test defined A compliant drug test is a drug test that complies with the requirements prescribed by regulations made under section 431 . Compare: 1964 No 136 s 102B(2)
Section 149 — Failing drug test
149 Failing drug test (1) For the purposes of this Act, a person is taken to have failed an evidential drug test requested under section 257 if the person fails a screening test and waives the right…
Section 150 — Use of drug test result
150 Use of drug test result MSD may, in accordance with regulations made under section 431 , use the result of a drug test undertaken under section 147 and disclosed to MSD under section 149.…
Section 151 — Costs of drug test
151 Costs of drug test (1) MSD may, in accordance with regulations made under section 431(c) , reimburse a potential employer for the costs of a drug test undertaken by a person under section 147…