Social Security Amendment Act (No 4) 1997

• Jurisdiction: New Zealand
• Reference: 1997 No 63
• Citation: 1997 No 63
• Record Number: DLM411704
• Act Number: 63
• Type of Document: Act

Contenidos

• Social Security Amendment Act (No 4) 1997
• Preamble
• Contents
• 1 Short Title and commencement
• 2 Interpretation
• 3 Review of decisions
• 4 Power to obtain information
• 5 New sections inserted
• 6 Right of appeal
• 7 Procedure on appeal
• 8 Effect of deduction notices
• 9 Rates of invalids' benefits
• 10 Right of appeal on medical grounds
• 11 New sections substituted
• 60A Training benefits: purpose
• 60AA Training benefits: qualifications
• 12 Period for which training benefit payable
• 13 New sections substituted
• 60F Independent youth benefits: basic qualifications
• 60FA Independent youth benefits: unmarried persons
• 60FB Independent youth benefits: married persons
• 60FC Independent youth benefits: persons enrolled in full-time course of secondary instruction
• 60FD Independent youth benefits: persons incapacitated for work through sickness or accident
• 14 Accommodation supplement
• 15 Special benefit
• 16 Conjugal status for benefit purposes
• 17 Special provisions applying to insurance payments
• 18 Disability allowance
• 19 Financial means assessments for home-based disability support services
• 20 Commencement and payment of benefits
• 21 Payment of benefits
• 22 Recovery of payments made in excess of authorised rates
• 23 Deduction notices for debts
• 24 Money payable out of Crown Bank Account
• 25 Certain grounds of discrimination in Human Rights Act 1993 not to apply
• 26 Offences
• 27 Regulations exempting income and assets from assessment of financial means of people requiring certain disability services
• 28 Schedule 18 amended
• 29 New Schedule 30 added
• 30 Consequential amendments
• Schedules
• Schedule New Schedule 30 of principal Act
• 1 General
• 2 About this eprint
• 3 Amendments incorporated in this eprint

Social Security Amendment Act (No 4) 1997

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

This Act is administered by the Ministry of Social Development.

Social Security Amendment Act (No 4) 1997: repealed, on 26 November 2018, pursuant to section 455(1) of the Social Security Act 2018 (2018 No 32).

Preamble

An Act to amend the Social Security Act 1964

Contents

1 Short Title and commencement

This Act may be cited as the Social Security Amendment Act (No 4) 1997, and is part of the Social Security Act 1964 (the principal Act).

This Act comes into force on the day after the date on which it receives the Royal assent, except for sections 9, 11, 13, 14, 15, 18, 20(1), 28, and 30.

2 Interpretation

This subsection substituted para (c) of the definition of the term income in s 3(1) of the principal Act.

This subsection inserted subparas (xiii) to (xv) in para (f) of the definition of the term income in s 3(1) of the principal Act.

This subsection amended the definition of the term pay day in s 3(1) of the principal Act by inserting the words or date.

This subsection inserted the definition of the term Residential care services in s 3(1) of the principal Act.

3 Review of decisions

Section 3 was repealed by section 8(3) Social Welfare (Transitional Provisions Amendment Act 2000 (2000 No 88).

4 Power to obtain information

This subsection amended section 11(1) of the principal Act.

This subsection inserted s 11(2)(da) of the principal Act.

This subsection amended s 11(3) of the principal Act.

This subsection substituted s 11(4) of the principal Act.

This subsection amended s 11(6) of the principal Act.

This subsection repealed s 11(7) of the principal Act.

5 New sections inserted

This section inserted ss 11B and 11C of the principal Act.

6 Right of appeal

This subsection substituted s 12J(1) of the principal Act.

1. This paragraph amended s 12J(2) of the principal Act.

2. This paragraph amended s 12J(2)(c) of the principal Act.

3. This paragraph inserted s 12J(2)(d) and (e) of the principal Act.

Section 12J of the principal Act is amended by repealing subsection (3).

The following enactments are repealed:

1. Section 3 of the Social Security Amendment Act 1976:

2. Section 7 of the Social Security Amendment Act 1987:

3. Sections 14(4) and 38(1)(a) of the Social Welfare (Transitional Provisions) Act 1990:

4. Section 5 of the Social Security Amendment Act (No 5) 1991:

5. Section 4(1) of the Social Security Amendment Act (No 3) 1993:

6. So much of the Schedule of the Social Security Amendment Act (No 3) 1996 as relates to section 12J(1)(b) of the principal Act.

7 Procedure on appeal

This subsection substituted s 12K(1) of the principal Act, and inserted s 12K(1A) to (1C).

This subsection amended s 12K(11) of the principal Act.

The provisions of sections 12K, 12M, 12O, and 12P of the principal Act apply, without modification (except for the new subsection (1C) substituted by subsection (1)), to every appeal under section 12J of the principal Act that was lodged, and has not been dealt with, before this section comes into force.

Section 10(3) of the Finance Act 1987 is consequentially repealed.

8 Effect of deduction notices

This section amended s 27Z(2A) of the principal Act (as saved by section 256(1)(a) of the Child Support Act 1991).

9 Rates of invalids' benefits

This subsection inserted s 42(2) of the principal Act.

This section is deemed to have come into force on 1 July 1995.

10 Right of appeal on medical grounds

Section 53A(1) of the principal Act (as inserted by section 13 of the Social Security Amendment Act 1986) is amended—

1. This paragraph inserted s 53A(1)(ba) of the principal Act.

2. This paragraph amended s 53A(1)(d) of the principal Act.

3. This paragraph inserted s 53A(1)(e) of the principal Act.

4. This paragraph amended s 53A(1) of the principal Act.

5. This paragraph amended s 53A(1) of the principal Act.

This subsection inserted s 53A(3) of the principal Act.

11 New sections substituted

The principal Act is amended by repealing section 60A (as inserted by section 33(1) of the Finance Act 1989 and amended by section 13 of the Social Security Amendment Act 1996), and substituting the following sections:

60A Training benefits: purpose

60AA Training benefits: qualifications

The basic qualifications for entitlement to a training benefit are that a person—

1. Is unemployed (but his or her entitlement may be affected by subsection (6)); and

2. Is not a full-time student; and

3. Has resided continuously in New Zealand for not less than 12 months at any time; and

4. Is engaged full-time in an employment-related training programme approved by the Director-General for the purposes of this section.

An unmarried person is entitled to a training benefit if—

1. Subsection (2) applies to him or her; and

2. He or she is 18 years or over.

A married person is entitled to a training benefit if—

1. Subsection (2) applies to him or her; and

Either—

1. He or she is 16 years or 17 years and has a dependent child or dependent children; or

2. He or she is 18 years or over.

A person is not entitled to a training benefit if he or she—

Has—

1. Become unemployed; or

2. Taken leave with or without pay from his or her usual employment; and

2. Has done so, in the Director-General's opinion, in order to undertake employment-related training.

The entitlement to a training benefit of a person who, immediately before 1 January 1998,—

1. Was 16 years or 17 years; and

2. Was receiving a training benefit—

Section 60C(1) of the principal Act is amended by omitting the expression section 60A of this Act, and substituting the expression section 60AA.

The following enactments are repealed:

1. Section 13 of the Social Security Amendment Act 1996:

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