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Social Security Act 2018

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

Section 152 — Definitions for drug-testing provisions

152 Definitions for drug-testing provisions In this section and in sections 147 to 151 , unless the context otherwise requires,— controlled drug has the same meaning as in section 2(1) of the Misuse…

Section 153 — Person who fails to comply with work-test obligations is subject to sanction

153 Person who fails to comply with work-test obligations is subject to sanction A person is subject to a sanction ( see section 233(d) ) for a breach of a work-test obligation under section 144 or…

Section 154 — Deemed failure to comply with work-test obligation

154 Deemed failure to comply with work-test obligation A person ( P ) is deemed to have failed without a good and sufficient reason to comply with a work-test obligation under section 144 or 146 if—…

Section 155 — Deferral of work-test obligations

155 Deferral of work-test obligations (1) MSD may defer a person’s work-test obligations in accordance with regulations made under section 431 permitting it to do so. (2) MSD must defer a person’s…

Section 156 — Effect of deferral of work-test obligations

156 Effect of deferral of work-test obligations (1) A person’s work-test obligations are deferred for the period specified in MSD’s notice of deferral and sections 106 and 138 to 146 apply to that…

Section 157 — Regulations may specify categories of exempt persons and grounds for exemption

157 Regulations may specify categories of exempt persons and grounds for exemption Regulations made under section 431 may specify— (a) categories of persons who may be exempted from some or all of a…

Section 158 — MSD may grant exemption from work-preparation, work-test, or other obligation

158 MSD may grant exemption from work-preparation, work-test, or other obligation (1) A person may apply to MSD for an exemption from some or all of the person’s work-preparation obligations,…

Section 159 — Donors of qualifying organs exempt from work-preparation, work-test, or other obligation while recuperating

159 Donors of qualifying organs exempt from work-preparation, work-test, or other obligation while recuperating Sections 158 , 160 , and 411 are subject to sections 14 and 15 of the Compensation for…

Section 160 — Procedure for grant of exemption

160 Procedure for grant of exemption The procedure for the granting of an exemption under section 158 , including the review, extension, variation, or revocation of the exemption, is prescribed in…

Section 161 — Person who fails to comply with requirement to attend interview is subject to sanction

161 Person who fails to comply with requirement to attend interview is subject to sanction (1) A person ( P ) is subject to a sanction ( see section 233(e) ) if MSD is satisfied that P has failed,…

Section 162 — Obligations of young person granted youth support payment

162 Obligations of young person granted youth support payment (1) A young person who has been granted a youth support payment must do the following things: (a) be enrolled in and undertake to MSD’s…

Section 163 — When education obligation or training obligation begins for young parent

163 When education obligation or training obligation begins for young parent (1) This section applies to a young person— (a) who receives a young parent payment; and (b) who is principal caregiver of…

Section 164 — Obligations of young person granted young parent payment

164 Obligations of young person granted young parent payment (1) A young person who has been granted a young parent payment must also do the following things: (a) as required by MSD, participate to…

Section 165 — Young person aged 18 or 19 years who is receiving jobseeker support in young person’s own right and who is at significant risk of long-term welfare dependency

165 Young person aged 18 or 19 years who is receiving jobseeker support in young person’s own right and who is at significant risk of long-term welfare dependency (1) This section applies to a young…

Section 166 — Young person aged 16 or 17 years who has no dependent child and who is spouse or partner of specified beneficiary

166 Young person aged 16 or 17 years who has no dependent child and who is spouse or partner of specified beneficiary (1) This section applies to a young person ( P ) who— (a) is 16 or 17 years old;…

Section 167 — Young person aged 16 to 19 years who has dependent child and who is spouse or partner of specified beneficiary

167 Young person aged 16 to 19 years who has dependent child and who is spouse or partner of specified beneficiary (1) This section applies to a young person ( P ) who— (a) is 16 to 19 years old; and…

Section 168 — Young person aged 18 or 19 years, who is receiving jobseeker support as spouse or partner of person granted that benefit, or who is work-tested spouse or partner of specified beneficiary, and who is at significant risk of long-term welfare dependency

168 Young person aged 18 or 19 years, who is receiving jobseeker support as spouse or partner of person granted that benefit, or who is work-tested spouse or partner of specified beneficiary, and who…

Section 169 — Interpretation

169 Interpretation In sections 164 to 167 ,— approved early childhood education programme means an early childhood education programme approved by regulations made under section 424 core check means…

Section 170 — Obligation to work with contracted service providers

170 Obligation to work with contracted service providers (1) This section applies to a person ( P ) who receives 1 of the following benefits, whether in P’s own right or on behalf of P’s spouse or…

Section 171 — Person who fails to comply with requirement under section 170(2) subject to sanction

171 Person who fails to comply with requirement under section 170(2) subject to sanction A person ( P ) is subject to a sanction ( see section 233(f) ) if MSD is satisfied that P has, without a good…

Section 172 — Interpretation

172 Interpretation In sections 173 to 180 ,— NZ benefits legislation means all or any of the following enactments: (a) this Act: (b) the New Zealand Superannuation and Retirement Income Act 2001 :…

Section 173 — Applicant for benefit, etc, to take reasonable steps to obtain overseas pension

173 Applicant for benefit, etc, to take reasonable steps to obtain overseas pension (1) This section applies if— (a) a person ( A ) is an applicant for a benefit under the NZ benefits legislation;…

Section 174 — MSD may give notice requiring person to take reasonable steps to obtain overseas pension

174 MSD may give notice requiring person to take reasonable steps to obtain overseas pension (1) MSD may give a notice to any of the following persons requiring that person to take all reasonable…

Section 175 — MSD may give notice requiring person to take reasonable steps to obtain overseas pension for dependant

175 MSD may give notice requiring person to take reasonable steps to obtain overseas pension for dependant (1) MSD may give a notice to any of the following persons requiring that person to take all…

Section 176 — Failure to comply with MSD’s notice given under section 178 or 179

176 Failure to comply with MSD’s notice given under section 178 or 179 (1) This section applies if a person to whom a notice has been given under section 174 or 175 fails to comply with that notice.…

Section 177 — Applicant for benefit must provide information as to rate of overseas pension

177 Applicant for benefit must provide information as to rate of overseas pension (1) This section applies if a person ( A ) applies for a benefit under the NZ benefits legislation. (2) A must…

Section 178 — MSD may give notice requiring beneficiary to provide information as to rate of overseas pension

178 MSD may give notice requiring beneficiary to provide information as to rate of overseas pension (1) This section applies if a person ( P ) receives a benefit under the NZ benefits legislation.…

Section 179 — Failure to comply with MSD’s notice given under section 178

179 Failure to comply with MSD’s notice given under section 178 (1) This section applies if a person to whom a notice has been given under section 178 fails to comply with that notice within 10…

Section 180 — Meaning of rate

180 Meaning of rate In sections 177 to 179 , rate , in relation to an overseas pension, means the rate of that pension in the currency of the country paying that pension. Compare: 1964 No 136 s 69H(6)

Section 181 — Application of health and safety legislation, etc

181 Application of health and safety legislation, etc (1) This section applies if a person ( P )— (a) is doing work as part of a job search activity in accordance with P’s work-test obligations or…

Section 182 — Obligations suspended where MSD has exercised discretion to pay benefit while beneficiary overseas

182 Obligations suspended where MSD has exercised discretion to pay benefit while beneficiary overseas (1) This section applies if MSD has exercised its discretion under any regulations made under…

Section 183 — What this Part does

183 What this Part does (1) This Part sets out the factors that may affect a benefit. (2) The factors affecting a benefit are: (a) pre-benefit activities: (b) insurance recovery: (c) entitlement to…

Section 184 — Regulations may prescribe pre-benefit activities

184 Regulations may prescribe pre-benefit activities MSD may, in accordance with regulations made under section 432 ,— (a) require a person who contacts MSD requesting financial assistance under this…

Section 185 — MSD must explain requirements

185 MSD must explain requirements MSD must take reasonable and appropriate steps to make every person on whom any requirements are placed under regulations made under section 432 (the regulations )…

Section 186 — Benefit may be subject to repayment of insurance payment

186 Benefit may be subject to repayment of insurance payment MSD may, in accordance with regulations made under section 433 , make the grant of a benefit or the rate of the benefit subject to…

Section 187 — Interpretation

187 Interpretation In this section and in sections 188 to 190 ,— NZ benefits legislation means all or any of the following enactments: (a) this Act: (b) Part 1 of the New Zealand Superannuation and…

Section 188 — Persons affected by receipt of overseas pension

188 Persons affected by receipt of overseas pension A person ( P ) is a person affected by the receipt of an overseas pension if P is a person who is qualified to receive a benefit under the NZ…

Section 189 — Benefit of person affected is reduced by amount of overseas pension

189 Benefit of person affected is reduced by amount of overseas pension (1) The rate of the benefit or benefits that would otherwise be payable under the NZ benefits legislation to a person affected…

Section 190 — MSD may enter into arrangement with person affected by receipt of overseas pension

190 MSD may enter into arrangement with person affected by receipt of overseas pension MSD may, in accordance with regulations made under section 434 , enter into an arrangement with a person…

Section 191 — Treatment of certain overseas benefits, pensions, and allowances that are not overseas pensions

191 Treatment of certain overseas benefits, pensions, and allowances that are not overseas pensions (1) This section applies to a benefit, pension, or periodical allowance, or any part of it, that—…

Section 192 — MSD must reduce rates of benefits for sole parents for failure to assist child support

192 MSD must reduce rates of benefits for sole parents for failure to assist child support (1) This section applies to any person ( P ) who— (a) is a sole parent; and (b) receives one of the…

Section 193 — No reduction in certain cases

193 No reduction in certain cases (1) MSD must not reduce a benefit under section 192(2) if MSD is satisfied that— (a) there is insufficient evidence available to establish who is in law the other…

Section 194 — Additional reduction in certain cases

194 Additional reduction in certain cases (1) This section applies where MSD has reduced a benefit under section 192(2) . (2) MSD must further reduce the benefit by an additional amount prescribed by…

Section 195 — Shared care of dependent child

195 Shared care of dependent child (1) This section applies if— (a) the parents of a dependent child live apart; and (b) both parents receive benefits; and (c) each parent has the primary…

Section 196 — Rules for assessing which parent has greater responsibility for dependent child

196 Rules for assessing which parent has greater responsibility for dependent child For the purposes of deciding under section 195(3) (a) which parent has greater responsibility for the child, MSD…

Section 197 — Effect of compensation or damages on application for benefit

197 Effect of compensation or damages on application for benefit (1) This section applies if— (a) a person ( P ) applies for a benefit; and (b) P has been paid or has a claim for compensation or…

Section 198 — Loss of earnings compensation under Accident Compensation Act 2001

198 Loss of earnings compensation under Accident Compensation Act 2001 (1) This section applies if— (a) a person ( P ) is entitled to a specified benefit as defined in subsection (3); and (b) either…

Section 199 — Veteran’s entitlement excludes any other benefit

199 Veteran’s entitlement excludes any other benefit (1) A person ( P ) who is granted an entitlement under the Veterans’ Support Act 2014 or in respect of whom an entitlement under that Act is…

Section 200 — Exceptions to rule that veteran’s entitlement excludes any other benefit

200 Exceptions to rule that veteran’s entitlement excludes any other benefit (1) Section 199(1) does not apply if the entitlement under the Veterans’ Support Act 2014 is any of the following: (a) a…

Section 201 — Personal benefit of spouse or partner excludes benefit on behalf of spouse or partner

201 Personal benefit of spouse or partner excludes benefit on behalf of spouse or partner (1) This section applies to a part of a benefit if the part is payable in respect of a person’s ( P’s )…