Social Security Amendment Act 1998
Social Security Amendment Act 1998
Social Security Amendment Act 1998: repealed, on 26 November 2018, pursuant to section 455(1) of the Social Security Act 2018 (2018 No 32).
Social Security Amendment Act 1998
Reprint as at 26 November 2018
Social Security Amendment Act 1998
Public Act |
1998 No 19 |
|
Date of assent |
19 May 1998 |
|
Social Security Amendment Act 1998: repealed, on 26 November 2018, pursuant to section 455(1) of the Social Security Act 2018 (2018 No 32).
Note
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.
Contents
An Act to amend the Social Security Act 1964 to provide for the community wage and other matters relating to benefits
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Social Security Amendment Act 1998, and is part of the Social Security Act 1964 (“the principal Act”
).
(2)
Part 1 comes into force on 1 July 1998.
(3)
Part 2 comes into force on 1 September 1998.
Part 1 Amendments to principal Act coming into force on 1 July 1998
2 Interpretation
(1)
This subsection amended s 3(1) of the principal Act.
(2)
This subsection inserted the definitions of the terms Living with a parent, and Parent in s 3(1) of the principal Act.
(3)
This subsection amended ss 2, 3(2), 11(2), 21(1), 24, 27B(2), 27C(3), 27G(2), 27H(1) and (1B), 39D, 40, 42(1), 55(1), 58(1), 61(1), 61EA(1), 61G(1), 64(1) and (2A), 66(1), 68, 69(1), 69G(1) to (3), 69H(1) and (3), 70(1), 70(3) and (4), 71(1), 71A(1), 72, 73(1), 74, 75(2), 75A, 82(3) and (4), 83(1), 84A, 86(2) and (3), and 86J of the principal Act.
3 Sickness benefits
4 Rates of sickness benefit
5 Unemployment benefits
6 Young job seekers’ allowances
(1)
This subsection amended s 59B(1)(g) of the principal Act.
(2)
If a person was receiving a young job seeker’s allowance immediately before 1 July 1998, nothing in subsection (1) affects the person’s entitlement to continue to receive that benefit.
7 Training benefits: qualifications
(1)
This subsection amended s 60AA(2)(c) of the principal Act.
(2)
If a person was receiving a training benefit immediately before 1 July 1998, nothing in subsection (1) affects the person’s entitlement to continue to receive that benefit.
8 Independent youth benefits: basic qualifications
(1)
This subsection amended s 60F(2)(c) of the principal Act.
(2)
If a person was receiving an independent youth benefit immediately before 1 July 1998, nothing in subsection (1) affects the person’s entitlement to continue to receive that benefit.
9 Schedule 8 amended
(1)
This subsection amended Schedule 8 of the principal Act.
(2)
This subsection amended s 61H(1)(d) of the principal Act.
10 Schedule 9 amended
This section amended Schedule 9 of the principal Act.
Part 2 Amendments to principal Act coming into force 1 September 1998
11 Interpretation
(1)
This subsection inserted definitions of the terms Capacity for work, Chief executive, Employment, Open employment, Psychologist, Sheltered employment and Sickness in s 3(1) of the principal Act.
(2)
This subsection substituted para (b)(iv) of the definition of the term benefit in s 3(1) of the principal Act.
12 Child disability allowance
(1)
This subsection amended s 39A of the principal Act.
(2)
This subsection amended s 39A(3) of the principal Act.
(3)
Every handicapped child’s allowance that was payable immediately before 1 September 1998 becomes, on that date, a child disability allowance under section 39A of the principal Act (as amended by this section).
(4)
(5)
This subsection substituted immediately above section 39A of the principal Act.
13 New heading and sections substituted
14 New sections substituted
15 New sections relating to assessment of capacity for work inserted
(1)
[Repealed](2)
This subsection repealed the heading immediately following section 46 of the principal Act.
Subsection (1) was repealed, as from 8 March 2001, by section 4(3) Social Security Amendment Act 2001 (2001 No 1).
16 Right of appeal on medical grounds
(1)
[Repealed](2)
This subsection amended s 53A(1) of the principal Act.
(3)
This subsection inserted s 53A(1A) of the principal Act.
(4)
[Repealed]Subsections (1) and (4) were repealed, as from 8 March 2001, by section 4(3) Social Security Amendment Act 2001 (2001 No 1).
17 Regulations relating to work capacity assessment
[Repealed]Section 17 was repealed, as from 8 March 2001, by section 4(3) Social Security Amendment Act 2001 (2001 No 1).
Part 3 Amendments to principal Act coming into force on 1 October 1998
18 Interpretation
(1)
This subsection inserted definitions of the terms Community wage, Community wage earner, Full-time student, Job seeker contract, Participation allowance, Part-time work-tested beneficiary, Regular, Suitable employment, and Work test in s 3(1) of the principal Act.
(2)
This subsection substituted the definitions of the terms non-entitlement period, work-tested beneficiary, work-tested benefit, and work-tested spouse in s 3(1) of the principal Act.
(3)
This subsection inserted para (aa) of the definition of the term benefit in s 3(1) of the principal Act.
(4)
This subsection repealed paragraph (b)(v) of the definition of the term benefit in s 3(1) of the principal Act.
(5)
This subsection repealed the definition of the term community task force project in s 3(1) of the principal Act.
(6)
Section 3(1) of the principal Act is amended by omitting the words “Full employment”
, and substituting the words “Full employment”
or “full-time employment”
.
(7)
This subsection inserted para (f)(va) of the definition of the term income in s 3(1) of the principal Act.
(8)
This subsection amended the definition of the term part-time work in s 3(1) of the principal Act.
(9)
This subsection amended the definition of the term work-tested domestic purposes beneficiary in s 3(1) of the principal Act.
(10)
This subsection amended the definition of the term work-tested widow’s beneficiary in s 3(1) of the principal Act.
(11)
This subsection substituted s 3(5) of the principal Act.
(12)
Section 60JC(1) of the principal Act is consequentially amended—
(a)
This paragraph amended s 60JC(1)(b) of the principal Act.
(b)
This paragraph amended s 60JC(1)(c) of the principal Act.
19 Right of appeal
(1)
This subsection amended s 12J(1)(a) of the principal Act.
(2)
(a)
This paragraph amended s 12J(2) of the principal Act.
(b)
This paragraph substituted s 12J(2)(e) of the principal Act.
20 Widows’ benefits
21 Domestic purposes benefits for solo parents
22 Domestic purposes benefits for women alone
23 Right of appeal on medical grounds
This section substituted s 53A(1)(ba) of the principal Act.
24 Sections 54 to 56 repealed
(1)
Sections 54 to 56 of the principal Act (which relate to sickness benefits) are repealed.
(2)
The following enactments are consequentially repealed:
(a)
Section 11 of the Social Security Amendment Act 1978:
(b)
Section 7 of the Social Security Amendment Act (No 3) 1993:
(c)
Section 2(1) of the Social Security Amendment Act (No 3) 1997.
25 Sections 58 to 60C repealed
(1)
Sections 58 to 60C of the principal Act (which relate to the unemployment benefit, young job seeker’s allowance, and training benefit) are repealed.
(2)
The following enactments are consequentially repealed:
(a)
Section 12 of the Social Security Amendment Act 1978:
(b)
Sections 3 to 7, and section 9 of the Social Security Amendment Act (No 3) 1997.
26 Independent youth benefits: basic qualifications
27 Independent youth benefits: sickness, injury, or disability
This section substituted s 60FD of the principal Act.
28 Purposes of sections 60H to 60M
This section substituted s 60GA(b)(ii) of the principal Act.
29 Voluntary unemployment or loss of employment through misconduct, etc
30 Mandatory interviews
(1)
This section amended s 60HA(1)(a)(ii) of the principal Act.
(2)
Section 60HA(4) of the principal Act is repealed.
31 Effect of failure to attend or participate in mandatory interview
This section substituted s 60HB of the principal Act.
32 Beneficiaries to be work-tested
33 Section 60HCA repealed
(1)
Section 60HCA of the principal Act is repealed.
(2)
Section 2 of the Social Security Amendment Act (No 2) 1997 is consequentially repealed.
34 Power of Director-General to grant exemption from mandatory interview or work test
(1)
This subsection amended s 60HD(1)(b) of the principal Act.
(2)
This subsection substituted s 60HD(2) of the principal Act.
(3)
This section amended s 60HD(3) of the principal Act.
(4)
Section 60HD(4) of the principal Act is repealed.
35 Delay of work test obligation for existing beneficiaries
This section inserted s 60HF of the principal Act.
36 Failure to comply with work test
(1)
This subsection amended s 60J(2)(a)(ii) of the principal Act.
(2)
Section 60J(6) of the principal Act is repealed.
37 Penalty for failure to attend or participate in mandatory interview or comply with work test
(1)
This subsection amended s 60JA(4) of the principal Act.
(2)
This subsection substituted s 60JA(5)(b) of the principal Act.
(3)
This subsection amended s 60JA(10) of the principal Act.
38 Effect of participation in approved activities
(1)
This subsection substituted s 60KA of the principal Act.
(2)
Where, before 1 October 1998, a person commenced participation in a community task force project or a training programme approved by the Director-General (under section 60KA of the principal Act as it was before its substitution by this section), that project or programme is an activity for the purposes of section 60KA (as substituted by this section) after that date.
39 Effect of sections 60H to 60J and section 60N on entitlement to supplementary benefits and on spouses
Section 60L of the principal Act is repealed.
40 Community task force scheme
(1)
Section 60M of the principal Act is repealed.
(2)
The following enactments are consequentially repealed:
(a)
Section 60J(3)(d) of the principal Act:
(b)
Section 60J(5) of the principal Act:
(c)
Clause 6 of Schedule 9 of the principal Act:
(d)
Section 15 of the Social Security Amendment Act (No 2) 1991.
41 Director-General may grant emergency benefit in cases of hardship
42 Interpretation
This section substituted s 61E(1)(a) of the principal Act.
43 Exemption of income from friendly or like society
This section amended s 66(1) of the principal Act.
44 Disability allowance
(1)
This subsection amended s 69C(1)(a) of the principal Act.
(2)
This subsection amended s 69C(5)(a) of the principal Act.
45 Rates of benefits for sole parents may be reduced
This section amended s 70A(1)(b) of the principal Act.
46 Special provisions in respect of earnings related compensation
Section 71A of the principal Act is amended—
(a)
This paragraph amended s 71A(1)(a) of the principal Act.
(b)
This paragraph amended s 71A(2).
47 Limitation where applicant receiving another benefit or war pension
This section amended s 72(b) of the principal Act.
48 Effect of absence of beneficiary from New Zealand
49 Commencement of benefits
(a)
This paragraph amended s 80(2)(b) of the principal Act.
(b)
This paragraph amended s 80(5)(c) of the principal Act.
(c)
This paragraph amended s 80(5)(c)(ii) of the principal Act.
(d)
This paragraph amended s 80(14)(a) of the principal Act.
2
This subsection substituted s 80(5)(a) of the principal Act
50 Interpretation
This section substituted para (a)(iv), and repealed para (a)(v) to (vii) of the definition of the term income in s 80B of the principal Act.
51 Calculation of stand down
This section amended s 80BA(4)(b)(i) of the principal Act.
52 Ending of benefits
This section amended s 80BD(3) of the principal Act.
54 Transfer of existing beneficiaries to community wage
(1)
This section applies to persons receiving any of the following benefits immediately before the commencement of this section:
(a)
An unemployment benefit (which includes the benefit known as the 55+ benefit):
(b)
A young job seeker’s allowance:
(c)
A training benefit:
(d)
A sickness benefit:
(e)
The benefit known as the emergency sickness benefit, which benefit is an emergency benefit on the grounds of sickness, injury, or disability:
(f)
The benefit known as the emergency unemployment benefit, which benefit is an emergency benefit where the chief executive has imposed work testing as a condition of the benefit, and the benefit is—
(i)
Granted instead of, or in substitution for, an unemployment benefit; or
(ii)
Analogous to an unemployment benefit.
(2)
If, immediately before the date of commencement of this section, a person was fulfilling the conditions of entitlement to the benefit, then on that date—
(a)
The benefit becomes a community wage as if it had been granted under section 89 of the principal Act; and
(b)
The person becomes a community wage earner; and
(c)
If the benefit was paid at a married rate, then the community wage is payable as if the person and his or her work-tested spouse had each signed a job seeker contract.
(3)
A person who becomes a community wage earner under this section, and his or her work-tested spouse, must enter into a job seeker contract if required to do so by the chief executive, and section 95(3) of the principal Act applies to a failure to comply with the requirement. This subsection is subject to section 96(3).
55 Regulations providing for participation allowance
This section inserted s 132F of the principal Act.
56 Schedule 9 amended
57 Consequential amendments to other enactments
The enactments specified in Schedule 1 are consequentially amended in the manner indicated in that schedule.
Part 4 Amendments to principal Act coming into force on 1 February 1999
58 Interpretation
(1)
This subsection inserted in s 3(1) of the principal Act the definitions of Work preparation exercise, and Work-test married rate.
(2)
This subsection amended the definition of the term dependent child in s 3(1) of the principal Act.
(3)
This subsection substituted the definition of the term part-time work-tested beneficiary in s 3(1) of the principal Act.
(4)
This subsection amended the definition of the term work-tested benefit in s 3(1) of the principal Act.
(5)
This subsection substituted paragraph (b) of the definition of the term work-tested domestic purposes beneficiary in s 3(1) of the principal Act.
(6)
This subsection substituted the definition of the term work-tested spouse in s 3(1) of the principal Act.
(7)
This subsection amended paragraph (b) of the definition of the term work-tested widow’s beneficiary in s 3(1) of the principal Act.
(8)
This subsection amended s 3(5) of the principal Act.
Subsection (4) was substituted, as from 1 October 1998, by section 9 Social Security (Work Test) Amendment Act 1998 (1998 No 94).
59 Widows’ benefits
This section substituted s 21(2A) of the principal Act.
60 Rates of widows’ benefits
This section amended s 24 of the principal Act.
61 Domestic purposes benefits for solo parents
This section substituted s 27B(2A) of the principal Act.
62 Domestic purposes benefits for women alone
This section amended s 27C(4) of the principal Act.
63 Rates of domestic purposes benefits
This section amended s 27H(1) of the principal Act.
64 Obligations on spouse of invalid’s beneficiary
This section inserted s 42A in the principal Act.
65 Work preparation exercise
(1)
This subsection substituted s 60HA of the principal Act.
(2)
This subsection substituted s 131A(2)(g) of the principal Act.
66 Beneficiaries to be work-tested
(1)
This subsection substituted ss 60HC(5)(a) and 60HC(5)(b) of the principal Act.
(2)
This subsection amended s 60HC(7)(a) of the principal Act.
67 Power of chief executive to grant exemption from compliance with request under section 60HA or work test
68 Penalty for failure to participate in work preparation exercise or comply with work test
(1)
This subsection amended s 60JA(1) of the principal Act.
(2)
This subsection amended s 60JA(4) of the principal Act.
(3)
This subsection substituted s 60JA(5)(a) of the principal Act.
(4)
This subsection substituted the definition of the term benefit in s 60JA(10) of the principal Act.
69 Effect of recompliance with work preparation exercise or work test
This section substituted s 60JB(1)(a) of the principal Act.
70 Reduction in benefit or non-entitlement period ends when person no longer required to comply with section 60HA or work test
This section amended s 60JC(2)(a) of the principal Act.
71 Effect on non-entitlement of undertaking employment
This section substituted s 60K of the principal Act.
72 Effect of participation in approved activities
73 Obligations of spouse of person granted emergency benefit
This section inserted s 61A in the principal Act.
74 Rates of benefits, etc may be increased by Order in Council
This section substituted s 61H(1)(d) of the principal Act.
75 Effect of absence of beneficiary from New Zealand
76 Recovery of payments made in excess of authorised rates
77 Job seeker contract for other beneficiaries
78 Application of sections 58, 65, and 66
Section 58 (which amends section 3(1) of principal Act), section 65 (which substitutes a new section 60HA of the principal Act), and section 66 (which amends section 60HC of the principal Act) apply,—
(a)
(b)
For any other work-tested domestic purposes beneficiary or work-tested widow’s beneficiary, from the earlier of the following dates:
(i)
The date on which the beneficiary’s benefit is next reviewed under section 81 of the principal Act; or
(ii)
1 February 2000:
(c)
For a work-tested spouse in respect of whom a community wage or invalid’s benefit or emergency benefit has been granted on or after 1 February 1999, from that date:
(d)
For any other work-tested spouse of a beneficiary who has been granted a community wage, an invalid’s benefit, or an emergency benefit, from the earlier of the following dates:
(i)
The date on which the benefit is next reviewed under section 81 of the principal Act; or
(ii)
1 February 2000.
79 New Schedules 3 and 16 substituted
80 Child Support Act 1991 amended
This section inserted s 240(2)(ba) Child Support Act 1991.
Schedule 1 Enactments amended
Section 57
A Acts amended
This Schedule amended the definition of the term salary and wages in section 84F, and ss 84G(7)(c), 84I(2)(c)(iv) and 84L(4) District Courts Act 1947 (1947 No 16); s 13 Family Protection Act 1955 (1955 No 88); s 35A Estate and Gift Duties Act 1968 (1968 No 35); para (b) of the definition of the term dependant, and para (d)(vii) of the definition of the term income in s 2 Rates Rebate Act 1973 (1973 No 73); ss 226A, and 238B Education Act 1989 (1989 No 80);; para (d)(i) of the definition of the term income in s 2 Legal Services Act 1991; the definition of the term financially independent, and para (c)(iii) to (v) of the definition of the term social security benefit in s 2(1), s 30(3), the definition of the term Gross married rate of community wage in s 30(5), and s 131(c) Child Support Act 1991 (1991 No 142);
Items relating to sections 226A and 238b Education Act 1989 and section 78(1) to (3) Accident Rehabilitation Compensation and Insurance Act 1992 were repealed, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Schedule 1 was to have been amended, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114) by omitting so much as relates to the Accident Rehabilitation and Compensation Insurance Act 1992. This was apparently in error because those items had already been repealed by section 11 Employment Service and Income Support (Integrated Administration) Act 1998 (1998 No 96).
The item relating to the Income Tax Act 1994 was repealed, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35).
Schedule 1 was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by omitting so much as relates to the Social Welfare (Transitional Provisions) Act 1990.
B Regulations amended
| Regulation | Amendment | |
|---|---|---|
| The Student Allowances Regulations 1991 (SR 1991/295) | By omitting from regulation 19, and also from regulation 20(2), the words “a sickness benefit, an invalid’s benefit, an unemployment benefit, or a training benefit under Part I of”, and substituting in each case the words “a community wage or an invalid’s benefit under”. |
|
| The Health Entitlement Cards Regulations 1993 (SR 1993/l69) | By repealing paragraphs (d), (e), (f), and (g) of the definition of the term income tested benefit in regulation 2, and substituting the following paragraph: (d)A community wage under the Social Security Act 1964; or By omitting from paragraph (i) of that definition the words |
|
| The Social Security (Exemptions from Mandatory Interviews and Work Tests) Regulations 1996 (SR 1996/260) | By omitting from regulation 3(3)(c), and also from regulation 4(2)(c), the words “a sickness benefit”, and substituting in each case the words “a community wage on the grounds of sickness, injury, or disability”. |
|
Schedule 2 New Schedules 3 and 16 substituted in principal Act
Section 79
Schedule 3 Rates of widows’ benefits
Sections 21, 24
| 1. | (a) To a beneficiary with 1 dependent child | $211.04 a week, subject to— | ||||
| (a) | Income Test 5 if the beneficiary is a work-tested beneficiary whose youngest dependent child is aged 14 years or more, or | |||||
| (b) | Income Test 1 in any other case. | |||||
| (b) | To a beneficiary with 2 or more dependent children | $230.24 a week, subject to— | ||||
| (a) | Income Test 5 if the beneficiary is a work-tested beneficiary whose youngest dependent child is aged 14 years or more; or | |||||
| (b) | Income Test 1 in any other case. | |||||
| 2. | To a beneficiary without any dependent children | $153.47 a week, subject to— | ||||
| (a) | Income Test 5 if the beneficiary is a work-tested beneficiary; or | |||||
| (b) | Income Test 1 in any other case. | |||||
| 3. | For the purpose of clause 1, the chief executive may, in his or her discretion, disregard up to $20 a week of the beneficiary’s personal earnings used to meet the cost of child care for the beneficiary’s dependent child or children. | |||||
Schedule 16 Rates of domestic purposes benefits
Sections 27B, 27C, and 27H
| 1. | (a) | To a beneficiary with 1 dependent child | $211.04 a week, subject to— | |||
| (a) | Income Test 5 if the beneficiary is a work-tested beneficiary whose youngest dependent child is aged 14 years or more; or | |||||
| (b) | Income Test 1 in any other case | |||||
| (b) | To a beneficiary with 2 or more dependent children | $230.24 a week, subject to— | ||||
| (a) | Income Test 5 if the beneficiary is a work-tested beneficiary whose youngest dependent child is aged 14 years or more; or | |||||
| (b) | Income Test 1 in any other case. | |||||
| 2. | To a beneficiary without any dependent children | $153.47 a week, subject to— | ||||
| (a) | Income Test 5 if the beneficiary is a work-tested beneficiary; or | |||||
| (b) | Income Test 1 in any other case. | |||||
| 3. | For the purpose of clause 1, the chief executive may, in his or her discretion, disregard up to $20 a week of the beneficiary’s personal earnings used to meet the cost of child care for the beneficiary’s dependent child or children. | |||||
Eprint notes
1 General
This is an eprint of the Social Security Amendment Act 1998 that incorporates all the amendments to that Act as at the date of the last amendment to it.
2 About this eprint
This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.
3 Amendments incorporated in this eprint
Social Security Act 2018 (2018 No 32): section 455(1)