activity in the community means an activity associated with a community project under the supervision of a sponsor who is contracted by the chief executive to provide the activity

Appeal Authority or Authority means the Social Security Appeal Authority established under section 12A; and includes any Special Social Security Appeal Authority established under section 12D

applicant, in relation to any benefit, means a person by whom or on whose behalf an application is made for the benefit; and, where the context so requires, includes a beneficiary

application means an application for a benefit

average wage means, at any time, the before tax average ordinary time weekly wage (all sectors, male and female combined) as specified in—

• (a) the latest Quarterly Employment Survey published by Statistics New Zealand; or

• (b) if the survey referred to in paragraph (a) ceases to be published, a survey certified by the Government Statistician as an equivalent survey to the survey referred to in that paragraph

beneficiary means a person who has been granted a benefit; and includes a person in respect of whom a benefit or part of a benefit has been granted

benefit—

• (a) means a monetary benefit payable under this Part or Part 2; and

• (aa) [Repealed]

• (b) includes—

  • (i) New Zealand superannuation payable under the New Zealand Superannuation and Retirement Income Act 2001 and veterans' pensions payable under Part 6 of the War Pensions Act 1954:

  • (ia) [Repealed]

  • (ii) a living alone payment payable under the New Zealand Superannuation and Retirement Income Act 2001 and a living alone payment payable under Part 6 of the War Pensions Act 1954:

  • (iii) an accommodation supplement payable under section 61EA:

  • (iv) a child disability allowance under section 39A:

  • (iva) childcare assistance payable under section 61GA:

  • (ivb) temporary additional support payable under section 61G:

  • (v) a disability allowance payable under section 69C but

  • (va) [Repealed]

  • (vi) [Repealed]

  • (vii) [Repealed]

  • (viii) [Repealed]

• (c) does not include a lump sum payable under section 61DB or section 61DC or section 61DD

capacity for work means, in relation to any person, the person's capacity to engage in employment, as determined having regard to any sickness, injury, or disability the person may have

ceased, in relation to a person's employment, means—

• (a) subject to paragraph (b), the date on which the person's employment terminates; or

• (b) if in relation to the termination of employment the person receives—

  • (i) any payment in lieu of notice terminating the employment of the person; or

  • (ii) any holiday pay; or

  • (iii) any payment in lieu of accumulated leave; or

  • (iv) any payment contingent on the completion of a fixed-term engagement; or

  • (v) any retirement payment (as defined in section 80B(3)),—

a date which is the number of days (excluding Saturdays and Sundays) after the date on which the person's employment terminated which is equal to the nearest whole number produced by dividing the aggregate amount of any such payments by the amount of the person's normal daily wage or salary before termination of his or her employment

chief executive means, subject to any enactment, the chief executive of the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

child means a single person under the age of 18 years, other than a person who is—

• (a) aged 16 years or 17 years; and

• (b) financially independent

Commonwealth country means a country that is a member of the Commonwealth of Nations; and includes every territory for whose international relations the Government of any such country is responsible

contract of insurance includes a contract or an arrangement that, in the opinion of the chief executive, is similar to or analogous with a contract of insurance

date of first contact, in relation to a person's application for a benefit, means the date on which the department first received from the person (or some other person acting on the person's behalf) the oral or written request for financial assistance that led to the making of the application

debt insurance payment, in relation to a person, means a payment made, or the value of any credit provided, on the occurrence of a contingency—

• (a) under a contract of insurance or by reason of the person's membership of any society, organisation, or body whether corporate or unincorporate; and

• (b) to the person or to some other person on behalf of or for the benefit of the person; and

• (c) for the sole purpose of, and used for, repaying or paying any amounts on account of any existing debt of the person

dentist means a health practitioner who is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act as a practitioner of the profession of dentistry

department means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

dependent child, in relation to any person,—

• (a) means a child—

  • (i) whose care is primarily the responsibility of the person; and

  • (ii) who is being maintained as a member of that person's family; and

  • (iii) who is financially dependent on that person:

• (b) does not include a child in respect of whom payments are being made under section 363 of the Children, Young Persons, and Their Families Act 1989:

• (c) despite paragraph (b), includes a child or a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989)—

  • (i) of whom the person is a parent within the meaning of that Act; and

  • (ii) to whom section 361 of that Act applies; and

  • (iii) who, under section 362 of that Act, is placed in the charge of the person:

• (d) for the purposes only of Schedules 3, 6, 9, 16, 17, and 18, does not include a child in respect of whom an orphan's benefit or an unsupported child's benefit is being paid

disability services has the same meaning as disability support services in section 6(1) of the New Zealand Public Health and Disability Act 2000

district health board means a district health board established by or under section 19 of the New Zealand Public Health and Disability Act 2000

document means a document in any form; and includes—

• (a) any writing on any material:

• (b) any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:

• (c) any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:

• (d) any book, map, plan, graph, or drawing:

• (e) any photograph, film, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced

domestic epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006 stating that the application of this Act is modified in order to deal with the practical effects of the outbreak of the disease referred to in the notice

employment means paid employment

employment plan has the meaning specified in section 60O

existing debt, in relation to a person, means a debt or liability of the person in existence on the date on which a contingency occurs that gives rise to a right or eligibility of the person to receive a payment under a contract of insurance or by reason of the person's membership of any society, organisation, or body whether corporate or unincorporate whether or not the debt or liability is due for payment on that date; but does not include a liability in connection with the future supply of goods or services or transport or accommodation to the person or a member of his or her family

financially independent, in relation to a person, means—

• (a) in full employment; or

• (b) in receipt of a basic grant or an independent circumstances grant under the Student Allowances Regulations 1998 (SR 1998/277); or

• (c) in receipt of payments under a Government-assisted scheme which the chief executive considers analogous to a benefit; or

• (d) in receipt of a benefit under this Act

friendly society means any friendly society or branch thereof registered under the Friendly Societies and Credit Unions Act 1982

full employment or full-time employment, in relation to any person, means—

• (a) employment under a contract of service or apprenticeship which requires the person to work, whether on time or piece rates, no less than an average of 30 hours each week; or

• (b) self-employment of the person in any business, profession, trade, manufacture, or undertaking carried on for pecuniary profit for no less than an average of 30 hours each week; or

• (c) employment of the person for any number of hours which is regarded as full-time employment for the purposes of any award, agreement, or contract relating to that employment

full-time student means a person enrolled in a full-time course within the meaning of the Student Allowances Regulations 1998, and includes a person who, during an academic year that has just ended or is about to end, was so enrolled and who intends to so enrol in the next academic year

funder has the same meaning as in section 20 of the Health and Disability Services Act 1993

Government occupational pension—

• (a) means a benefit, pension, or periodical allowance paid by or on behalf of the Government of any country to a person by reason of—

  • (i) a period of employment, direct or indirect, by that Government of that person or that person's deceased spouse or partner or that person's deceased parent; or

  • (ii) a period of service to that Government (including, without limitation, service in the armed forces, service in the police, and service as a judicial officer or other person acting judicially) by that person or that person's deceased spouse or partner or that person's deceased parent; but

• (b) does not include any part of that benefit, pension, or periodical allowance that is paid by the Government of that country by reason of anything other than that period of employment or service; and

• (c) does not include any part of that benefit, pension, or periodical allowance to which the Government of that country contributes by reason of anything other than that period of employment or service; and

• (d) does not include a benefit, pension, or periodical allowance of the kind set out in paragraph (a) if the person would have been entitled to receive a similar benefit, pension, or periodical allowance paid by, or on behalf of, the Government of that country under a scheme or other arrangement in respect of persons who were not employees or in the service of that Government

health or disability insurance payment, in relation to a person, means a payment made, or the value of any credit or service provided, on the occurrence of a contingency—

• (a) under a contract of insurance, or by reason of the person's membership of any society, organisation, or body whether corporate or unincorporate, that provides for the payment or reimbursement of the costs of health or disability care for the person or a member of his or her family; and

• (b) to the person or to some other person on behalf of or for the benefit of the person or a member of his or her family—

and used for paying or reimbursing those costs

health practitioner means a person who is, or is deemed to be, registered with an authority as a practitioner of a particular health profession under the Health Practitioners Competence Assurance Act 2003

hospital means a hospital care institution as defined in section 58(4) of the Health and Disability Services (Safety) Act 2001

income, in relation to any person,—

• (a) means any money received or the value in money's worth of any interest acquired, before income tax, by the person which is not capital (except as hereinafter set out); and

• (b) includes, whether capital or not and as calculated before the deduction (where applicable) of income tax, any periodical payments made, and the value of any credits or services provided periodically, from any source for income-related purposes and used by the person for income-related purposes; and

• (c) except where section 71A(2) applies, includes, whether capital or not and as calculated before the deduction (where applicable) of income tax,—

  • (i) any periodical income-related insurance payments; and

  • (ii) any lump sum income-related insurance payment to the extent of the income lost by the person as a result of, and within a period of 10 weeks from, the occurrence of the contingency in respect of which the payment was made; and

  • (iii) any payment referred to in subparagraph (i) or subparagraph (ii) which the person would have been entitled to receive under an accident insurance contract within the meaning of section 13 of the Accident Insurance Act 1998 but for the existence of a risk sharing agreement referred to in section 185 of that Act (as it read immediately before its repeal by section 7 of the Accident Insurance Amendment Act 2000); and

• (d) includes—

  • (i) any payment relating to a situation involving a seasonal layoff:

  • (ii) any payment contingent on the completion of either a fixed-term engagement or an engagement to complete work specified in a contract:

  • (iii) any payment in lieu of notice terminating employment:

  • (iv) any payment (including holiday pay) which, if it had not been made in relation to termination of employment, would, in the opinion of the chief executive, have been paid so as to constitute monetary remuneration of the employee:

  • (iva) any parental leave payments paid under Part 7A of the Parental Leave and Employment Protection Act 1987:

  • (v) any payment in relation to termination of employment made by a company pursuant to its articles of association or constitution to any of its directors; and

• (e) includes, as calculated before the deduction (where applicable) of income tax, the value of any goods, services, transport, or accommodation supplied on a regular basis to the person by any other person; but—

• (f) does not include—

  • (i) any benefit, grant, allowance, or concession received under this Act or the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or the New Zealand Superannuation and Retirement Income Act 2001, including the value of any benefit under Part 2:

  • (ii) any pension or allowance under the War Pensions Act 1954 received by any person by reason of his or her own disablement:

  • (iii) any pension received under Part 2 or Part 4 or Part 5 of the War Pensions Act 1954 by the surviving spouse or partner of a deceased member of the New Zealand or any other Commonwealth forces or of the Emergency Reserve Corps or of the New Zealand mercantile marine in respect of the death of that member:

  • (iv) any pension or other periodical allowance or any part thereof received by any person from the Government of any Commonwealth country (other than New Zealand) which the chief executive determines is analogous to a pension or allowance specified in subparagraph (ii) or subparagraph (iii) of this paragraph:

  • (iva) the value of any assistance of a kind approved by the chief executive provided to a person with a sickness, injury, or disability to obtain or remain in employment:

  • (v) any money received by way of funeral benefit from any friendly society:

  • (va) a participation allowance:

  • (vi) any money paid in respect of any military decoration and received by the recipient of such decoration:

  • (vii) any money received by the Commissioner of Inland Revenue by way of child support which is not required to be paid to the person under the Child Support Act 1991:

  • (viii) any money received by the Commissioner of Inland Revenue by way of child support which is paid to the person under section 142 of the Child Support Act 1991:

  • (ix) any money received by way of an independence allowance under section 54 of the Accident Rehabilitation and Compensation Insurance Act 1992 or Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998, or any impairment lump sum received under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001:

  • (x) any amount of output tax charged in respect of a supply of goods and services made by that person:

  • (xi) any amount of goods and services tax payable by the Commissioner of Inland Revenue to that person:

  • (xii) any debt insurance payment or any health or disability insurance payment.

  • (xiii) any money received under the Children, Young Persons, and Their Families Act 1989 in respect of the care of a child or young person (as those terms are defined in that Act):

  • (xiv) any lump sum payment received by the person—

    • (A) under a contract of insurance on the life of the person's deceased spouse or partner; or

    • (B) where the person is a dependent child, under a contract of insurance on the life of his or her deceased parent or step-parent; or

    • (C) under any superannuation scheme, not being a payment which the chief executive considers, having regard to the matters specified in subsection (4), is for an income-related purpose; or

  • (xv) any part of a lump sum income-related insurance payment received on the occurrence of a contingency by an applicant for a benefit that has been used or committed by the applicant—

    • (A) to repay or pay any amounts on account of existing debt of the applicant; or

    • (B) to pay any essential costs arising as a consequence of the applicant's health or disability (being costs arising from the contingency in respect of which the payment was made) to the extent that assistance towards those costs is not available under this Act or any other Act:

  • (xvi) any income-related rent within the meaning of section 42(1) of the Housing Restructuring and Tenancy Matters Act 1992 :

  • (xvii) any specified item or amount of income, or income from a specified source, that is declared not to be income for the purposes of this Act by regulations made under section 132

  • (xviii) any tax credit or amount received under subparts MA to MF and MZ of the Income Tax Act 2007 or subpart KD of the Income Tax Act 2004 or subpart KD of the Income Tax Act 1994 or under Part 11A of the Income Tax Act 1976

income-related insurance payment, in relation to a person, means a payment, or the value of any credit or service, that, in the opinion of the chief executive, having regard to the matters specified in subsection (4), is—

• (a) made or provided on the occurrence of a contingency under a contract of insurance or by reason of the person's membership of any society, organisation, or body whether corporate or unincorporate; and

• (b) made or provided to the person or to some other person on behalf of or for the benefit of the person or a member of his or her family; and

• (c) made or provided or used for an income-related purpose:

income-related purpose, in relation to any person, means the purpose of—

• (a) replacing lost or diminished income; or

• (b) maintaining the person or a member of his or her family; or

• (c) purchasing goods or services for the person or a member of his or her family, being goods or services of a kind that are commonly paid for from income; or

• (d) enabling the person to make payments that he or she is liable to make and that are commonly made from income

income tax means income tax under the Income Tax Act 2007

Income Test 1 means that the applicable rate of benefit shall be reduced—

• (a) by 30 cents for every $1 of the total income of the beneficiary and his or her spouse or partner which is more than $100 a week but not more than $200 a week; and

• (b) by 70 cents for every $1 of that income which is more than $200 a week

Income Test 2 means that the applicable rate of benefit shall be reduced—

• (a) by 15 cents for every $1 of the total income of the beneficiary and his or her spouse or partner which is more than $100 a week but not more than $200 a week; and

• (b) by 35 cents for every $1 of that income which is more than $200 a week

Income Test 4 means that the applicable rate of benefit shall be reduced by 35 cents for every $1 of the total income of the beneficiary and his or her spouse or partner which is more than $80 a week

income-tested benefit means any of the following benefits:

• (a) an unemployment benefit:

• (aa) a sickness benefit:

• (b) a domestic purposes benefit:

• (c) an emergency benefit:

• (d) an independent youth benefit:

• (e) an invalid's benefit:

• (f) New Zealand superannuation payable at the appropriate rate in clause 2 of Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001 or a veterans' pensions payable—

  • (i) at the appropriate rate in clause 1 of Schedule 11 of the War Pensions Act 1954 if the pension is subject to abatement under section 74D of that Act; or

  • (ii) at the appropriate rate in clause 2 of Schedule 11 of the War Pensions Act 1954:

• (g) an orphan's benefit:

• (h) [Repealed]

• (i) an unsupported child's benefit:

• (j) a widow's benefit

living with a parent, in relation to a person,—

• (a) means living in the same home as a parent of the person; but

• (b) does not include a situation in which a person lives in the same home as a parent of the person where—

  • (i) the parent is financially dependent on the person; or

  • (ii) the person, at his or her own expense, provides accommodation for the parent in the home; or

  • (iii) the person provides a substantial degree of care to the parent; or

  • (iv) the home is a hostel, boardinghouse, or similar lodging, and the person and the parent pay for accommodation in it

married rate, in relation to New Zealand superannuation, means the aggregate rate payable to a couple who are married, in a civil union, or in a de facto relationship, both of whom are entitled to receive New Zealand superannuation

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

midwife means a health practitioner who is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery

Minister, in relation to any provisions of this Act, means, subject to any enactment, the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of those provisions

New Zealand superannuation means New Zealand superannuation payable under the New Zealand Superannuation and Retirement Income Act 2001

non-entitlement period, in relation to a person, means a period when the person is not entitled to a benefit because he or she—

• (a) became voluntarily unemployed; or

• (b) lost his or her employment, or position on a scheme, through misconduct; or

• (c) [Repealed]

• (d) failed to comply with the work test:

• (e) failed to comply with an obligation under section 60GAB

nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions

occupational therapist means a health practitioner who is, or is deemed to be, registered with the Occupational Therapy Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of occupational therapy

open employment means employment other than sheltered employment

ordinarily resident, in relation to any person, does not include being unlawfully resident in New Zealand

overseas epidemic management notice means a notice under section 61CE

overseas pension—

• (a) means a benefit, pension, or periodical allowance of a kind described in section 70(1); but

• (b) does not include a benefit, pension, or periodical allowance of a kind referred to in the proviso to section 70(1); and

• (c) does not include a Government occupational pension

overseas pensioner means a person to whom an overseas pension has been granted

parent, for the purposes of the definition of the term living with a parent, means a parent, or a guardian, or a person acting as a parent

participation allowance means a participation allowance under regulations made under section 132F

part-time work means work that averages not less than 15 hours a week when calculated over a period of the preceding 3 months—

• (a) under a contract of service, whether on time or piece rates; or

• (b) as a self-employed person in any business, profession, trade, manufacture, or undertaking:

part-time work-tested beneficiary means a person—

• (a) who is a work-tested spouse or partner or a work-tested domestic purposes beneficiary; and

• (b) whose youngest dependent child is aged 6 years or older, but under 18 years

partner, in the phrase “spouse or partner” and in related contexts, means a civil union partner or de facto partner

pay day means the day or date from time to time fixed by the chief executive as the date on which an instalment of a benefit falls due for payment

periodical means regular or intermittent

physiotherapist means a health practitioner who is, or is deemed to be, registered with the Physiotherapy Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of physiotherapy

principal caregiver, in relation to a dependent child, means the person who, in the opinion of the chief executive, has the primary responsibility for the day to day care of the child, other than on a temporary basis, but does not include—

• (a) any body of persons (whether incorporated or unincorporated); or

• (b) any person who is the proprietor of, or employed in,—

  • (i) a residence established under the Children, Young Persons, and Their Families Act 1989; or

  • (ii) [Repealed]

  • (iii) any other institution in which the child is being cared for

psychologist means a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology

regular, in relation to work, does not include—

• (a) casual employment; or

• (b) employment on call if there are no specified hours for such employment in the person's employment contract

resident, in relation to any person, does not include being unlawfully resident in New Zealand

residential care services means disability services supplied to a person with a disability in a residential disability care institution or rest home within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001; and includes—

• (a) supervision and support services; and

• (b) hotel-type services (including the provision of sleeping facilities, meals, laundry, cleaning services and supplies, household furniture and furnishings, lighting, heating, hot water, and other household utilities); and

• (c) services that support daily living (including financial management and gardening); and

• (d) personal care services (including toileting, bathing, hair washing, teeth cleaning, nail care, feeding, and mobility); and

• (e) services within that home intended to provide satisfying activity to the person (including the provision of educational, social, recreational, and other activities); and

• (f) clinical support services, including personal health services (within the meaning of the New Zealand Public Health and Disability Act 2000), consultations with a medical practitioner, pharmaceuticals, incontinence aids, and other treatment costs

rest home means a rest home as defined in section 58(4) of the Health and Disability Services (Safety) Act 2001

salary or wages includes commission, and any other remuneration from employment

sheltered employment includes employment in a sheltered workshop within the meaning of the Disabled Persons Employment Promotion Act 1960

sickness includes pregnancy after the 26th week

single means not married or in a civil union or a de facto relationship

sole parent means a person who is the principal caregiver in respect of a dependent child and who—

• (a) is—

  • (i) married or in a civil union, but living apart from his or her spouse or partner; or

  • (ii) not married or in a civil union; and

• (b) is not in a de facto relationship

spouse means the husband or wife of an applicant or beneficiary, as the context may require

strike has the same meaning as in section 81 of the Employment Relations Act 2000

student allowance means an allowance established by regulations made under section 303 of the Education Act 1989

suitable employment, in relation to a person, means employment that the chief executive is satisfied is suitable for the person to undertake for a number of hours a week that is at least the employment required to satisfy the work test for that person (or, as the case may be, the person's obligations under section 60GAB)

temporary employment means full employment for a period of less than 26 weeks

union has the same meaning as in section 5 of the Employment Relations Act 2000

veteran's pension means a veteran's pension payable under Part 6 of the War Pensions Act 1954

work preparation exercise has the meaning given to it in section 60HA(2)

work test, in relation to a person, means the person's obligations under section 102A(1); and work test obligations has a corresponding meaning

work-test married rate—

• (a) means, in relation to an unemployment benefit or a sickness benefit, a rate in Schedule 9 that is payable to a person who is married or in a civil union or in a de facto relationship, other than a rate payable if the person's spouse or partner is entitled to a benefit in his or her own right:

• (b) means, in relation to an invalid's benefit,—

  • (i) a rate in Schedule 6 payable to a person who is married or in a civil union or in a de facto relationship, other than a rate payable if the person's spouse or partner is entitled to a benefit in his or her own right; and

  • (ii) includes the rate payable under section 42(2) to the spouse or partner of a person receiving long-term residential care in a hospital or rest home:

• (c) means, in relation to an emergency benefit,—

  • (i) a rate of the benefit payable to a person that includes a payment for the person's spouse or partner; and

  • (ii) includes an emergency benefit paid to the spouse or partner of a resident assessed as requiring care (as defined in section 136) under regulations made under section 155

work-tested beneficiary means a person who is—

• (a) a person granted an unemployment benefit; or

• (b) a work-tested spouse or partner; or

• (c) [Repealed]

• (d) [Repealed]

• (e) [Repealed]

• (f) a work-tested domestic purposes beneficiary

work-tested benefit means—

• (a) a community wage; or

• (b) [Repealed]

• (c) [Repealed]

• (d) [Repealed]

• (e) in relation to a work-tested spouse or partner—

  • (i) a sickness benefit; or

  • (ii) an emergency benefit; or

  • (iii) an invalid's benefit; or

• (f) in relation to a work-tested domestic purposes beneficiary, a domestic purposes benefit under section 27B

work-tested domestic purposes beneficiary means a person—

• (a) who has been granted a domestic purposes benefit under section 27B; and

• (b) whose youngest dependent child is aged 6 years or older, but under 18 years, or is aged 18 years and is a child in respect of whom that benefit is paid, or continues to be paid, under section 63A

work-tested spouse or partner means a person who—

• (a) has no dependent children, or whose youngest dependent child is aged 6 years or more; and

• (b) has not been granted an exemption from the work test; and is—

• (c) the spouse or partner of a person granted an unemployment benefit, a sickness benefit, or an invalid's benefit, where the benefit is granted at a work-test married rate; or

• (ca) the spouse or partner of a person granted an emergency benefit at a work-tested married rate if the chief executive has, under section 61A(1A), required that spouse or partner to comply with the work test; or

• (d) is the spouse or partner of a person who is receiving long-term residential care in a hospital or rest home, is aged under 60 years, and is in receipt of an invalid's benefit under section 42(2) or an emergency benefit under regulations made under section 155

working day means any day of the week other than—

• (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and

• (aa) the day observed as the anniversary of the appropriate province; and

• (b) a day in the period commencing on 25 December in any year and ending with 5 January in the following year