Social Security Amendment Act 2007

• Jurisdiction: New Zealand
• Citation: 2007 No 20
• Act Number: 20
• Record Number: DLM408544
• Reference: 2007 No 20
• Year: 2007
• Type of Document: Act

Contenidos

• Social Security Amendment Act 2007
• Contents
• 1 Title
• 2 Commencement
• 3 Principal Act amended
• Part 1
• 4 Interpretation
• 5 Widows' benefits
• 6 Interpretation
• 7 Domestic purposes benefits for care at home of the sick or infirm
• 8 Independent youth benefits: single persons
• 9 Limitation in certain other cases
• 10 New section 74AA inserted
• 74AA Residential requirements for certain benefits
• 11 Commencement of benefits
• 12 New section 80AA inserted
• 80AA Minister may allow back-dating of benefit where earlier failure to grant it based on error
• 13 Payment of benefits
• 14 Interpretation
• 15 New sections 132H and 132I inserted
• 132H Rules providing for determination of incomes of certain people by chief executive
• 132I Rules relating to determination by chief executive of deprivation of property or income
• 16 Schedule 28 amended
• 17 Widows' benefits
• 18 Domestic purposes benefits
• 19 Stand down periods
• 20 Transitional arrangements for financially disadvantaged people
• 21 Commencement of benefits
• Part 2
• 22 Interpretation
• 23 New sections 1A and 1B inserted
• 1A Purpose
• 1B Principles
• 24 New section 11D inserted
• 11D Application process for benefits
• 25 Investigation of claims and grant of benefits
• 26 Obligations on spouse or partner of invalid's beneficiary
• 27 New section 54E substituted
• 54E Obligations of spouse or partner of sickness beneficiary
• 28 New sections 60GAB and 60GAC inserted
• 60GAB Independent youth benefits: obligations
• 60GAC Department to explain obligations to beneficiaries
• 29 Purpose of sections 60Q to 60Z
• 30 Personal development and employment plans
• 31 Beneficiary must demonstrate commitment to personal development and employment plan at annual review
• 32 Failure to comply with personal development and employment plan obligations
• 33 Sanctions for failure to comply with obligations in relation to personal development and employment plan
• 34 Obligations of spouse or partner of person granted emergency benefit
• 35 Effect of absence of beneficiary from New Zealand
• 36 Commencement of benefits
• 37 Ending of benefits
• 38 New sections 96A and 96B inserted
• 96A Unemployment benefit: pre-benefit activities
• 96B Department must explain obligations in relation to pre-benefit activities
• 39 Unemployment benefit: obligations on beneficiaries
• 40 Application and obligations of the work test
• 41 Description of job-seeker agreement and responsibilities arising from it
• 42 New section 115A inserted
• 115A Failure to comply with obligations under section 60GAB
• 43 New section 120 substituted
• 120 Modified effect in some cases of sanctions on rate of benefit for people married or in civil union or de facto relationship
• 44 New section 132J inserted
• 132J Regulations stating pre-benefit activities
• Schedules
• 1 Amendments consequential on section 10
• Section 21(2)
• Section 27B(2)
• Section 27D
• Section 40(1)
• Section 41
• Section 54(3)
• Section 60F(2)
• Section 89(3)
• Amendments consequential on section 12
• New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84)
• War Pensions Act 1954 (1954 No 54)
• Amendments consequential on section 13
• Section 54C
• Section 60GAA
• Section 98
• Section 102(6)
• 4 Amendments consequential on section 30
• Section 40
• Section 45
• Section 53A(1)
• Section 54
• Section 60R
• 5 Amendments consequential on section 42
• Section 3(1)
• Section 99(4)(ab)
• Section 122(b)
• Section 123
• Section 123B(5)(a)
• Section 123C(1)

Social Security Amendment Act 2007

Contents

1 Title

This Act is the Social Security Amendment Act 2007.

2 Commencement

Part and Schedules come into force on 2 July 2007.

Sections and and Schedules and come into force on 2 July 2007.

Part and Schedules and come into force on 24 September 2007.

The rest of this Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended

This Act amends the .

Part 1

Substantive amendments

4 Interpretation

Section is amended by repealing the definition of employment required to satisfy the work test and inserting the following definitions in their appropriate alphabetical order:

.

The following subsection is added to section :

5 Widows' benefits

Section is amended by repealing subsections and substituting the following subsection:

For the purposes of this section, the chief executive may, in the chief executive's discretion, regard a dependent child as being a child of an applicant, and the applicant as being the mother of the child, if—

the child—

1. is being maintained by the applicant; and

2. was at any time maintained by the applicant's husband; or

2. section 28(a) or 29(b) applies to the child; or

3. the child's parents are unwilling to support the child because of circumstances the chief executive considers exceptional.

6 Interpretation

Section is amended by repealing subsections and substituting the following subsection:

For the purposes of sections 27B to 27D and Schedule 16, the chief executive may, in the chief executive's discretion, regard a dependent child as being a child of an applicant, and the applicant as being the mother or father of the child, if—

the child—

1. is being maintained by the applicant; and

2. was at any time maintained by the applicant's spouse or partner; or

2. section 28(a) or 29(b) applies to the child; or

3. the child's parents are unwilling to support the child because of circumstances the chief executive considers exceptional.

7 Domestic purposes benefits for care at home of the sick or infirm

Section is amended by repealing subsection and substituting the following subsections:

Subject to the provisions of this Act, an applicant who has attained the age of 16 years and meets the residential requirements in section 74AA is entitled to receive a domestic purposes benefit under this section if the chief executive is satisfied that the applicant is required to give full time care...