• “(d) to impose, on the following specified people or young persons, the following specified requirements or obligations:

  • “(i) on people seeking or receiving financial support under this Act, administrative and, where appropriate, work-related requirements; and

  • “(ii) on young persons who are seeking or receiving financial support under this Act, educational, budget management, and (where appropriate) parenting requirements; and

  • “(iii) on people receiving certain financial support under this Act, social obligations relating to the education and primary health care of their dependent children.”

“main benefit under this Act means a benefit that is—

• “(a) sole parent support; or

• “(b) a supported living payment on the ground of sickness, injury, disability, or total blindness, under section 40B; or

• “(c) a supported living payment on the ground of caring for a patient requiring care, under section 40D; or

• “(d) jobseeker support; or

• “(e) an emergency benefit; or

• “(f) a youth payment; or

• “(g) a young parent payment”.

“3B Status of examples

• “(1) An example used in an enactment in or made under this Act is only illustrative of the provisions to which it relates. It does not limit those provisions.

  “(2) If an example and a provision to which it relates are inconsistent, the provision prevails.”

• “(3) A direction given under this section for the purposes of all or any of sections 60RAB(1)(b), 125AA(5), and 132AD(4)(c) (other than a direction of that kind that relates exclusively to an individual)—

  • “(a) is a regulation for the purposes of the Regulations (Disallowance) Act 1989; but

  • “(b) is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.”

• “(3) A direction given under this section for the purposes of all or any of sections 60RAB(1)(b), 125AA(5), and 132AD(4)(c) (other than a direction of that kind that relates exclusively to an individual)—

  • “(a) is not a legislative instrument for the purposes of the Legislation Act 2012; but

  • “(b) is a disallowable instrument for the purposes of the Legislation Act 2012, and must be presented to the House of Representatives in accordance with section 41 of that Act.”

“11E Pre-benefit activities: requirements

• “(1) This section applies to a person if the person is—

  • “(a) a person who contacts the department on or after 15 July 2013 requesting financial assistance under this Act, if the chief executive considers that the appropriate financial assistance would be a benefit that is—

    • “(i) jobseeker support; or

    • “(ii) sole parent support; or

    • “(iii) an emergency benefit; or

  • “(b) the spouse or partner (if, and only if, he or she is a spouse or partner who is not receiving or applying for a main benefit under this Act (as defined in section 3(1)), New Zealand superannuation, or a veteran's pension, in his or her own right) of a person who contacts the department on or after 15 July 2013 requesting financial assistance under this Act, if the chief executive considers that the appropriate financial assistance would be a benefit that is—

    • “(i) jobseeker support; or

    • “(ii) a supported living payment on the ground of sickness, injury, disability, or total blindness; or

    • “(iii) an emergency benefit.

  “(2) The chief executive may (for the purpose stated in section 1A(a)(ii)) require a person to whom this section applies (unless the chief executive has determined that the person has not the capacity to seek, undertake, and be available for part-time work), work) to do any or all of the following:

  • “(a) undertake 1 or more stated pre-benefit activities:

  • “(b) at any time before the benefit to which subsection (1)(a) or (b) applies commences, attend and participate in any interview for an opportunity of suitable employment to which the person is referred by the chief executive:

  • “(c) at any time before the benefit to which subsection (1)(a) or (b) applies commences, accept any offer of suitable employment (whether or not the offer results from an interview of the kind described in paragraph (b)).

  “(3) Pre-benefit activity, in this section and sections 11F to 11H, means an activity that is not an activity in the community (as defined in section 3(1)), but is all or any of the following:

  • “(a) attending and participating in an employment related seminar provided by the department or by any other person approved by the chief executive for the purpose:

  • “(b) attending and participating in employment related training approved by the chief executive for the purpose:

  • “(c) attending and participating in any interview with an officer of the department:

  • “(d) completing any self-assessment or planning required by the chief executive:

  • “(e) any other activity stated in regulations under section 132J.

  “(4) Suitable employment, for the purposes of subsection (2),—

  • “(a) in relation to a person who has a dependent child aged under 14 years, and to whom this section applies by virtue of subsection (1)(a)(ii) or (b), means employment that would be suitable employment within the meaning of section 3(1) if he or she were a part-time work-tested beneficiary:

  • “(b) in relation to a person for whom the chief executive considers that the appropriate financial assistance under this Act would be jobseeker support on the ground of sickness, injury, or disability, means employment that would be suitable employment within the meaning of section 3(1) if he or she were a part-time work-tested beneficiary:

  • “(c) in relation to any other person, means employment that would be suitable employment within the meaning of section 3(1) if he or she were a work-tested beneficiary.

  “(5) A requirement under subsection (2) may be oral or written and, in the case only of a requirement under subsection (2)(a), may be revoked orally or in writing in accordance with subsection (7).

  “(6) A pre-benefit activity stated under subsection (2)(a) must be available for the person to undertake not later than 10 working days after the date of first contact.

  “(7) The chief executive may revoke a requirement that the person undertake a pre-benefit activity under subsection (2)(a) if, and only if, the chief executive considers the requirement is no longer reasonable.

“11F Pre-benefit activities: department must explain requirements

• The chief executive must take reasonable and appropriate steps to make every person on whom any requirements are placed under section 11E(2) aware of the following:

  • “(a) the person's obligations in relation to the requirements; and

  • “(b) the consequences of failure to comply with the requirements; and

  • “(c) when a requirement is to be, or has been, revoked, and when the revocation takes, or took, effect.

“11G Pre-benefit activities: consequences of non-compliance by applicant

• “(1) In this section,—

  “applicant, applicant means a person to whom section 11E(1)(a) applies

  “specified benefit means the benefit to which section 11E(1)(a) applies.

  “(2) The chief executive is not required to investigate under section 12 a claim for the specified benefit made by the applicant unless satisfied that the applicant has undertaken any required pre-benefit activities.

  “(3) Subsection (2) applies whether or not the applicant has completed the form of application for the specified benefit.

  “(4) If the applicant fails to undertake any required pre-benefit activities within 20 working days after the date of first contact, any application for the specified benefit the applicant has made lapses.

  “(5) Subsection (4) overrides section 11D(7).

  “(6) This subsection applies to an applicant if the chief executive considers that the applicant has, without a good and sufficient reason, failed to comply with a requirement under section 11E(2)(b) or (c).

  “(7) If subsection (6) applies to an applicant, the chief executive must, as the case requires,—

  • “(a) refuse to grant the applicant the specified benefit; or

  • “(b) terminate any grant of the specified benefit already made to the applicant.

“11H Pre-benefit activities: consequences of non-compliance by applicant's spouse or partner

• “(1) In this section,—

  “applicant means a person who contacts the department in accordance with section 11E(1)(b)

  “applicant's spouse or partner means an applicant's spouse or partner to whom section 11E(1)(b) applies

  “specified benefit means the benefit to which section 11E(1)(b) applies.

  “(2) This subsection applies to an applicant's spouse or partner if the chief executive considers that the applicant's spouse or partner—

  • “(a) has failed to undertake a required pre-benefit activity within 20 working days after the date of the applicant's first contact; or

  • “(b) has failed without a good and sufficient reason to comply with a requirement under section 11E(2)(b) or (c).

  “(3) If subsection (2) applies to an applicant's spouse or partner, the applicant receives the following (if all or any of them is granted) at the following rate or rates only:

  • “(a) the specified benefit—half of the rate of that benefit payable to a beneficiary who is married or in a civil union or in a de facto relationship whose spouse or partner is not granted a benefit in his or her own right:

  • “(b) the accommodation supplement, temporary additional support, or both (if any), to which the applicant and the applicant's spouse or partner would apart from this subsection be entitled—half of the otherwise applicable rate or rates.

  “(4) Subsection (3) overrides other provisions of this Act but does not preclude a review under section 81.”

• “(1AB) No appeal lies under subsection (1)(a) against a decision under section 116C(2)(a) against which an appeal lies under section 10B(1)(g) to the medical board.”

“Part 1B
“Sole parent support

“20A Sole parent support: meaning of applicant

• Applicant, in this section and sections 20B to 20H and Schedule 3A, means a person who is any of the following:

  • “(a) a person who is the mother or father of 1 or more dependent children and who is living apart from, and has lost the support of or is being inadequately maintained by, the person's spouse or partner:

  • “(b)  a single person who is the mother or father of 1 or more dependent children:

  • “(c) a person whose marriage or civil union has been dissolved, and who is the mother or father of 1 or more dependent children:

  • “(d) a person who is the mother or father of 1 or more dependent children and who has lost the regular support of the person's spouse or partner because that spouse or partner is subject to a sentence of imprisonment and is—

    • “(i) serving the sentence in a prison (as defined in section 3(1) of the Corrections Act 2004); or

    • “(ii) subject to release conditions (as defined in section 4(1) of the Parole Act 2002) that prevent him or her undertaking employment:

  • “(e) a person who is the mother or father of 1 or more dependent children and who has lost the regular support of the person's spouse or partner because that spouse or partner is subject to a sentence of supervision, intensive supervision, or home detention and is subject to conditions (including post-detention conditions of a sentence of home detention) that prevent that spouse or partner from undertaking employment:

  • “(f) a person who is the mother or father of 1 or more dependent children and whose spouse or partner has died.

“20B Sole parent support: when dependent child may be regarded as applicant's child

• The chief executive may, in his or her discretion, regard a dependent child as being a child of an applicant, and the applicant as being the mother or father of the child, for the purposes of sections 20A and 20C to 20H and Schedule 3A, if—

  • “(a) the child—

    • “(i) is being maintained by the applicant; and

    • “(ii) was at any time maintained by the applicant's spouse or partner; or

  • “(b) neither an orphan's benefit nor an unsupported child's benefit is payable in respect of the child, but—

    • “(i) section 28(a) is complied with for each of the child's natural or adoptive parents; or

    • “(ii) section 29(b) is complied with for care for the child and full provision for the child's support; or

  • “(c) the child's parents are unwilling to support the child because of circumstances the chief executive considers exceptional.

“20C Split Sole parent support: split custody

• “(1) This section applies to the parents of 2 or more dependent children if,—

  • “(a) the parents are living apart; and

  • “(b) each parent is the principal caregiver of 1 or more of the children; and

  • “(c) but for this section, both parents would be entitled to sole parent support.

  “(2) Only 1 of the 2 parents is entitled to sole parent support, and the parent who is entitled to sole parent support must be—

  • “(a) the parent already receiving sole parent support in respect of any of the children; or

  • “(b) the parent whom the chief executive considers was the principal caregiver in respect of the children immediately before the parents began living apart, if no parent is already receiving sole parent support in respect of any of the children; or

  • “(c) the parent who is the principal caregiver in respect of the youngest child, if neither parent was the principal caregiver in respect of the children before they began living apart, or the chief executive is unable to ascertain which parent was the principal caregiver in respect of the children immediately before they began living apart.

  “(3) This section does not apply if each parent has become the principal caregiver in respect of at least 1 child under 1 or more orders—

  • “(a) made by a court of competent jurisdiction; and

  • “(b) about the role of providing day-to-day care for children.

  “(4) Child, in this section, means a dependent child of the parents—

  • “(a) born of their relationship; or

  • “(b) adopted by the parents or by one of the parents during their marriage or civil union or de facto relationship.

“20D Sole parent support: standard eligibility requirements

• “(1) An applicant is entitled to sole parent support if the chief executive is satisfied that the applicant—

  • “(a) meets the residential requirements in section 74AA; and

  • “(b) is aged 19 years or over; and

  • “(c) is caring for a dependent child who is, or dependent children 1 or more of whom is or are, aged under 14 years; and

  • “(d) is either—

    • “(i) a person in section 20A(a), (b), (c), or (f) who is not living together with his or her spouse or partner (if any), or the other parent (if any) of that dependent child or of all or any of those dependent children; or

    • “(ii) a person in section 20A(d) or (e).

  “(2) Subsection (1) is subject to the other provisions of this Act.

“20E Sole parent support: obligations on beneficiaries

• A person who has been granted and receives sole parent support under section 20D must—

  • “(a) comply with any obligation arising under section 60Q; and

  • “(b) if he or she is a person to whom section 60RA applies, comply with the person's social obligations under section 60RA(3); and

  • “(c) if he or she is a work-tested sole parent support beneficiary, comply with the work test.

“20F Sole parent support: payment

• “(1) Sole parent support commences in accordance with section 80.

  “(2) Sole parent support must be paid in weekly instalments, in accordance with section 82.

  “(3) Payment of sole parent support may be suspended or cancelled in accordance with sections 80 to 82.

  “(4) Subsection (3) does not limit any other provision in this Act.

“20G Sole parent support: rate

• “(1) Sole parent support must be paid to a person granted that benefit at the rate in Schedule 3A.

  “(2) Subsection (1) is subject to the other provisions of this Act.

“20H Sole parent support: expiry, and replacement with jobseeker support, when youngest dependent child 14

• “(1) An applicant's sole parent support under section 20D expires on the date that the applicant's youngest dependent child turns 14 years old.

  “(2) But the applicant's sole parent support is replaced with jobseeker support under section 88B that—

  • “(a) commences on that date; and

  • “(b) is deemed to be granted to him or her under section 88B as if he or she had applied for it.

  “(2A) However, if the chief executive believes on reasonable grounds that the applicant would not be eligible for jobseeker support on the date that the applicant’s youngest dependent child turns 14 years old,—

  • “(a) the applicant is not transferred by subsection (2) to jobseeker support; and

  • “(b) the chief executive must instead invite the applicant to apply for jobseeker support in accordance with section 11D.

  “(2B) Obligations or exemptions that immediately before the expiry under this section of the applicant's sole parent support under section 20D apply to the applicant continue after that expiry in respect of jobseeker support to which the applicant is transferred by subsection (2), but only if those obligations or exemptions are all or any of the following:

  • “(a) obligations under sections 60GAG, 60RA, 60Q(2), 100B, 102, and 102A:

  • “(b) exemptions under section 105 (other than any exemption that, under regulations made under section 123D(a), is not available to a person receiving jobseeker support).

  “(3) This section does not preclude a review under section 81 of whether the applicant satisfies the conditions of entitlement for jobseeker support under section 88B.”

• “(c) people who are required to give full-time care and attention at home to some other person (other than their spouse or partner) who is a patient requiring care.”

• “(2) The purpose in subsection (1) is to be considered in the context of—

  • “(a) the expectation that people of working age support themselves directly or indirectly through employment; and

  • “(b) the fact that other measures are available for people who are temporarily unable to support themselves.”

• “(1A) An applicant for the supported living payment under this section must be aged at least 16 years.

• “(1B) An applicant for the supported living payment under this section must meet the residential requirements in section 74AA.”

“40C Supported living payment: on ground of sickness, injury, disability, or total blindness: medical examination

• “(1) This section applies to a person who is an applicant for, or a person in receipt of, a supported living payment on the ground of sickness, injury, disability, or total blindness.

  “(2) The chief executive may require the applicant or beneficiary to submit himself or herself for examination by a medical practitioner or a psychologist. The medical practitioner or psychologist must be agreed for the purpose between the applicant or beneficiary and the chief executive, or, failing agreement, must be nominated by the chief executive.

  “(3) The medical practitioner or psychologist must certify whether, in the medical practitioner's or psychologist's opinion, the applicant or beneficiary is, or is not, or whether there is doubt about whether the applicant or beneficiary is or is not, (as the case may be)—

  • “(a) permanently and severely restricted in his or her capacity for work; or (as the case may be)

  • “(b) totally blind.

  “(4) A certificate given under this section must state the grounds upon which the opinion is founded.

  “(5) A certificate given under this section must, in the case of doubt referred to in subsection (3), and may, in any other case, indicate a date for review of the permanency, severity, or both, of the applicant's or beneficiary's sickness, injury, or disability.

“40D Supported living payment: on ground of caring for patient requiring care: eligibility

• “(1) A person is entitled to a supported living payment under this section if he or she satisfies the criteria in subsections (2) and (3), and the chief executive is satisfied that the person is required to give full-time care and attention at home to some other person (other than the person's spouse or partner) (in this section and section 40E sections 40E, 40H, and 40HA called the patient) who would otherwise have to receive care that is, or is equivalent to,—

  • “(a) hospital care, rest home care, or residential disability care, within the meaning of the Health and Disability Services (Safety) Act 2001; or

  • “(b) care of the kind referred to in section 141 of the Children, Young Persons, and Their Families Act 1989 (which is a section relating to care of severely disabled children and young persons).

  “(2) An applicant must not be granted a supported living payment under this section unless,—

  • “(a) in the case of an applicant without a dependent child, he or she is aged at least 18 years:

  • “(b) in any other case, he or she is aged at least 19 years.

  “(3) An applicant for a supported living payment under this section must meet the residential requirements in section 74AA.

  “(4) A benefit granted under this section may, in the chief executive's discretion, be continued for a period not exceeding 28 days even though the patient was not during that period in the full-time care of the beneficiary.

“40E Supported living payment: on ground of caring for patient requiring care: medical examination

• “(1) Every application for a supported living payment on the ground of care at home for a patient requiring care must be supported by the certificate of a medical practitioner certifying—

  • “(a) that the patient requires the applicant's full-time care and attention; and

  • “(b) that, but for that care and attention, the patient would have to receive care that is, or that is equivalent to, care of a kind specified in section 40D(1)(a) or (b).

  “(2) The chief executive may, in the chief executive's discretion, require that the patient be examined by a medical practitioner to be nominated for the purpose by the chief executive.

  “(3) A medical practitioner nominated under subsection (2) must determine whether the patient would, but for the applicant's full-time care and attention, have to receive care that is, or is equivalent to, care of a kind specified in section 40D(1)(a) or (b).

“40F Supported living payment: on ground of sickness, injury, disability, or total blindness: beneficiary's obligations

• A person who is granted a supported living payment on the ground of sickness, injury, disability, or total blindness, must,—

  • “(a) if section 60Q(1)(bb) applies to the person, comply with any requirements under section 60Q(3); and

  • “(b) if he or she is a person to whom section 60RA applies, comply with the person's social obligations under section 60RA(3).

“40G Supported living payment: on ground of sickness, injury, disability, or total blindness: spouse's or partner's obligations

• “(1) This section applies to the spouse or partner of a person granted a supported living payment on the ground of sickness, injury, disability, or total blindness.

  “(2) A person to whom this section applies—

  • “(a) must comply with all obligations arising under section 60Q; and

  • “(b) if he or she is a person to whom section 60RA applies, must comply with the person's social obligations under section 60RA(3); and

  • “(c) if he or she is a work-tested spouse or partner, must comply with the work test.

“40H Supported living payment: on ground of caring for patient requiring care: beneficiary's obligations

• A person who is granted a supported living payment on the ground of care at home for a patient requiring care, must,—

  • “(a) if section 60Q(1)(bc) applies to the person, comply with any requirements under section 60Q(3); and

  • “(b) if he or she is a person to whom section 60RA applies, comply with the person's social obligations under section 60RA(3).

“40HA Supported living payment: on ground of caring for patient requiring care: spouse's or partner's obligations

• A person must comply with the person's social obligations under section 60RA(3) if the person—

  • “(a) is a person with 1 or more dependent children; and

  • “(b) is the spouse or partner of (whether or not receiving all or any of the benefit instead of, or as well as) the person who is granted a benefit that is a supported living payment on the ground of care at home for a patient requiring care; and

  • “(c) is not a young person on whom obligations are placed under section 171(1) or (2).”

“40I Supported living payment: rates

• “(1) A supported living payment must be paid to a person granted that benefit at the appropriate rate in Schedule 6.

  “(2) Subsection (1) is subject to the provisions of this Act.

  “(3) This subsection applies to a person who is married or in a civil union or in a de facto relationship and—

  • “(a) has a psychiatric, intellectual, physical, or sensory disability; and

  • “(b) is receiving long-term residential care in a hospital or rest home because he or she has that disability; but

  • “(c) has not been means assessed under Part 4.

  “(4) A supported living payment payable to a person to whom subsection (3) applies is not apportioned under section 83 and must be paid, despite subsection (1), at half of the appropriate rate in Schedule 6.

  “(5) A supported living payment payable to the spouse or partner of a person to whom subsection (3) applies (being a spouse or partner who is not receiving long-term residential care in a hospital or rest home) is not apportioned under section 83 and must be paid, despite subsection (1), at the rate in Schedule 6 that would be appropriate if he or she were entitled to a supported living payment in his or her own right and were single.”

“40K Supported living payment: on ground of sickness, injury, or disability: encouraging open employment

• “(1) The purpose of this section is to encourage specified recipients of a supported living payment to undertake open employment in order to establish whether they can sustain that employment and cease receiving that benefit.

  “(2) This section applies to a person who—

  • “(a) is receiving a supported living payment granted on the ground of permanent and severe restriction of capacity for work; but

  • “(b) is with the chief executive's agreement undertaking open employment for a period agreed with the chief executive in order to establish whether the person can sustain open employment.

  “(3) The period of open employment agreed with the chief executive under subsection (2)(b) must not exceed 26 weeks (even if that employment is, or is expected to be, for a period that is longer than the agreed period).

  “(4) A person to whom subsection (2) applies does not lose his or her entitlement to a supported living payment by reason only of working 15 or more hours a week in open employment during the agreed period.”

• “(1A) Subsection (1) does not apply to a person at a time when—

  • “(a) there is in force under section 19(1) of the Social Welfare (Transitional Provisions) Act 1990 an order declaring that the provisions contained in an agreement or convention with the government of another country set out in a schedule to the order have force and effect so far as they relate to New Zealand; and

  • “(b) he or she is ordinarily resident in that country.”

• “(3A) In applying subsection (2) to a beneficiary of a kind specified in 1 of the following paragraphs for the purposes only of section 20D(1)(c) (which relates to eligibility for sole parent support), ‘An additional dependent child aged 1 or over’ must be read as ‘An additional dependent child at all times after that child is born’:

  • “(a) a beneficiary transferred to jobseeker support by clause 2(9) of Schedule 32:

  • “(b) a beneficiary whose sole parent support under section 20D expired on the date that the beneficiary's youngest dependent child turned 14 years old, and has been replaced with jobseeker support, under section 20H.”

“60GAG Obligations to work with contracted service providers

• “(1) A person who is receiving in his or her own right, or as the spouse or partner of the person granted the benefit concerned, an emergency benefit, sole parent support, supported living payment, or jobseeker support, is subject to the following obligations:

  • “(a) when required by the chief executive, to attend and participate in any interview with a contracted service provider specified by the chief executive:

  • “(b) when required by the chief executive, to attend and participate in any assessment of the person undertaken on behalf of the chief executive by a contracted service provider specified by the chief executive:

  • “(c) when required by the chief executive, to co-operate with a contracted service provider specified by the chief executive in facilitating the provision of the services that the provider has been contracted to provide in relation to the person’s obligations under all or any of the following:

    • “(i) section 60Q (work preparation obligations):

    • “(ii) section 60RA(3) (social obligations):

    • “(iii) conditions (subject to which an emergency benefit is granted or continued) that the chief executive thinks fit to impose, or determines, under section 61(1) or (3):

    • “(iv) section 102A (work test obligations):

  • “(d) when required by the chief executive, to report to a contracted service provider specified by the chief executive on the person's compliance with the person's obligations under this Act as often as, and in the manner that, the provider reasonably requires.

  “(2) The chief executive must take reasonable and appropriate steps to make every person on whom obligations are imposed under subsection (1) aware of—

  • “(a) those obligations; and

  • “(b) the consequences of failure to comply with those obligations.

  “(3) A person who fails without a good and sufficient reason to comply with an obligation imposed on the person under subsection (1) is subject to the sanctions under section 117.”

• “(ba) is a sole parent with a dependent child under the age of 1 year, and is a recipient of a benefit under section 88B (jobseeker support) instead of a benefit under section 20D (sole parent support) solely because that child is an additional dependent child (within the meaning of section 60GAE(1)); or

• “(bb) is the recipient of a benefit under section 40B (supported living payment on the ground of sickness, injury, disability, or total blindness) if the chief executive is satisfied that the person has the capacity to comply with obligations under subsection (3); or

• “(bc) is the recipient of a benefit under section 40D (supported living payment on the ground of caring for patient requiring care) if the chief executive is satisfied that the person has the capacity to comply with requirements under subsection (3); or”.

• “(1A) This section also applies (despite subsection (1) subsection (1)) to a person who—

  • “(a) is a work-tested beneficiary (other than one to whom subsection (1)(ba) applies); and

  • “(b) has been granted under section 88I a deferral of the person's work test obligations.

• “(1B) The chief executive may require a recipient of a benefit under section 40B or 40D to attend and participate in an interview with an officer of the department, or other person on behalf of the chief executive, for the purpose of helping the chief executive to determine under subsection (1)(bb) or (bc) whether the recipient has the capacity to comply with obligations under subsection (3).”

• “(aa) to attend and participate in an interview (other than one for the purpose specified in subsection (1B)) with an officer of the department or other person on behalf of the chief executive:

• “(ab) to report to the department or to any other person acting on behalf of the chief executive on the person's compliance with the person's obligations under this section as often as, and in the manner that, the chief executive reasonably requires:”.

“60RA Social obligations of certain beneficiaries with dependent children

• “(1) This section applies to a person if the person—

  • “(a) is a person with 1 or more dependent children; and

  • “(b) is the person granted a benefit that is jobseeker support, sole parent support, a supported living payment, or an emergency benefit, or is the spouse or partner of (whether or not receiving all or any of the benefit instead of, or as well as) that person; and

  • “(c) is not a young person on whom obligations are placed under section 171(1) or (2).

  “(2) A dependent child (as defined in section 3(1)) of a person granted a benefit described in subsection (1)(b) is (despite section 3) for the purposes of this section and of all related provisions in this Act (for example, for the purposes of section 60RC) also a dependent child of that person’s spouse or partner (if any).

  “(3) A person to whom this section applies has the following social obligations:

  • “(a) to take all reasonable steps to ensure that every dependent child aged 3 years or more but less than 5 years and who is not enrolled at and regularly attending a registered school (as defined in section 2(1) of the Education Act 1989) is—

    • “(i) enrolled in a recognised early childhood education programme (as defined in section 60RAB(1)); and

    • “(ii) attending that programme to the minimum extent prescribed, or otherwise in the manner prescribed, for the purposes of this subparagraph by regulations made under section 132; and

  • “(ab) to take all reasonable steps to ensure that every dependent child aged 5 years or more but less than 6 years, and who is not a dependent child in respect of whom the person would qualify for an exemption from some or all of the person's work test obligations on the active teaching out of school grounds in section 60RAB(2), is—

    • “(i) enrolled in a recognised early childhood education programme (as defined in section 60RAB(1)) and attending that programme to the minimum extent prescribed, or otherwise in the manner prescribed, for the purposes of this subparagraph by regulations made under section 132; or

    • “(ii) enrolled at a registered school (as defined in section 2(1) of the Education Act 1989) and regularly attending that registered school; and

  • “(b) to take all reasonable steps to ensure that every dependent child aged 6 years or more but less than 16 years is (except insofar as the child is excepted or exempted from the requirements of sections 20 and 25 of the Education Act 1989)—

    • “(i) enrolled at a registered school (as defined in section 2(1) of that Act); and

    • “(ii) regularly attending that registered school; and

  • “(c) to take all reasonable steps to ensure that every dependent child is enrolled with a primary health care provider (for example, a primary health organisation, or a medical practitioner whose scope of practice is or includes general practice); and

  • “(d) to take all reasonable steps to ensure that every dependent child under the age of 5 years is up to date with core checks (as defined in section 60RAB(4)) under—

    • “(i) the programme that immediately before 15 July 2013 was known as Well Child; or

    • “(ii) any similar programme established in its place; and

  • “(e) when required by the chief executive, to attend and participate in any interview with an officer of the department or other person on behalf of the chief executive; and

  • “(f) when required by the chief executive, to report to the department or to any other person acting on behalf of the chief executive on the person's compliance with the person's social obligations as often as, and in the manner that, the chief executive reasonably requires.

“60RAB Social obligations: definitions, work test obligations exemption grounds, and regulations

• “(1) Recognised early childhood education programme, in section 60RA and this section, means—

  • “(a) an approved early childhood education programme (as defined for the purposes of section 60RA(3) in regulations made under section 132AC); or

  • “(b) an early childhood education programme approved by the chief executive having regard to all relevant approval criteria (if any) prescribed for the purposes of this paragraph in any general or special directions given to the chief executive in writing by the Minister under section 5; or

  • “(c) a programme of early childhood education provided by a school that is currently designated under section 152(1) of the Education Act 1989 as a correspondence school.

  “(2) The active teaching out of school grounds mentioned in section 60RA(3)(ab) on which a person to whom section 60RA applies would qualify for an exemption from some or all of the person's work test obligations in respect of a dependent child (aged 5 years or more but less than 6 years) of the person, are the grounds specified in—

  • “(a) regulation 6(2)(c) of the Social Security (Exemptions under Section 105) Regulations 1998; or

  • “(b) an enactment that, with or without modification, replaces, or that corresponds to, that enactment.

  “(3) Regulations made under section 132 that prescribe, for the purposes of section 60RA(3)(a)(ii) and (ab)(i), the minimum extent of, or other required manner of, attending a recognised early childhood education programme may, without limitation,—

  • “(a) prescribe, for all or any recognised early childhood programmes, target numbers of hours of attendance:

  • “(b) prescribe different minimum numbers of hours of attendance for all or any different recognised early childhood programmes.

  “(4) Core check, for a child and a programme to which section 60RA(3)(d) applies, means a check—

  • “(a) of the child's health and well-being; and

  • “(b) done under, and identified in contract or funding arrangements as an essential part of, the programme; and

  • “(c) funded, directly or indirectly, through Vote Health.

“60RB Social obligations: department must explain requirements

• The chief executive must take reasonable and appropriate steps to make every beneficiary who has social obligations under section 60RA(3) aware of—

  • “(a) the beneficiary's social obligations under section 60RA(3); and

  • “(b) the consequences of failure to comply with them.

“60RC Social obligations: sanctions for failures to comply

• “(1) A beneficiary who fails without good and sufficient reason to comply with a social obligation is, except as provided in subsections (2) and (3), subject to the sanctions in section 117.

  “(2) A beneficiary's failure to comply with the social obligation in section 60RA(3)(b) (which relates to specified dependent children being enrolled at and regularly attending a registered school) cannot be the subject of sanctions under section 117 if that failure is the subject of a prosecution commenced against the beneficiary, and not withdrawn before it is finally determined, for an offence against—

  • “(a) section 24(1) of the Education Act 1989 (failure to enrol); or (as the case requires)

  • “(b) section 29(1) of the Education Act 1989 (irregular attendance).

  “(3) Before giving the beneficiary a notice under section 113, and imposing a sanction under section 117, for a beneficiary's failure to comply with a social obligation under section 60RA(3), the chief executive must first be satisfied that, on at least 3 previous occasions, the department has had communication (of any kind, and in any manner) with the beneficiary in respect of the beneficiary's compliance with, or an actual or potential failure of the beneficiary to comply with, any social obligation of the beneficiary.

  “(4) This subsection applies to a beneficiary on whom sanctions in section 117 have been imposed in respect of a failure by the beneficiary without good and sufficient reason to comply with a social obligation.

  “(5) The chief executive may give a beneficiary to whom subsection (4) applies a notice (to be delivered in accordance with section 86J) to the effect that the department is to intensify its case management support in respect of the beneficiary.

  “(6) A beneficiary to whom a notice under subsection (5) has been delivered in accordance with section 86J must, when required by the chief executive, attend and participate in any interview with an officer of the department.”

• “(1B) This subsection applies to a person if, after the commencement of this subsection and before 15 July 2013, the person is aged 65 years old or older and is receiving a benefit under this Act that is not—

  • “(a) a domestic purposes benefit for care of the sick or infirm; or

  • “(b) an emergency benefit; or

  • “(c) an invalid’s benefit; or

  • “(d) temporary additional support.

• “(1C) The chief executive may cancel the benefit being received by a person to whom subsection (1B) applies and grant the person instead an emergency benefit payable at the same rate of benefit as the benefit the person was receiving.

• “(1D) In exercising the power given by subsection (1C), the chief executive is not required to—

  • “(a) exercise discretion; or

  • “(b) determine whether the person would meet the requirements in subsection (1) for an emergency benefit.”

“61AA Social obligations of person granted emergency benefit

• A person must comply with the person's social obligations under section 60RA(3) if the person—

  • “(a) is a person with 1 or more dependent children; and

  • “(b) is a person granted a benefit that is an emergency benefit; and

  • “(c) is not a young person on whom obligations are placed under section 171(1) or (2).”

• “(3) A person must comply with the person's social obligations under section 60RA(3) if the person—

  • “(a) is a person with 1 or more dependent children; and

  • “(b) is the spouse or partner of (whether or not receiving all or any of the benefit instead of, or as well as) a person granted a benefit that is an emergency benefit; and

  • “(c) is not a young person on whom obligations are placed under section 171(1) or (2).”

• “(1A) Subsection (1) is subject to subsections (2) to (4) and (7A) to (7E) of this section, and to regulations under section 132AD.”

• “(7A) This subsection applies to a person if—

  • “(a) any additional expenses arising from a disability relate to the supply of any goods or services to the person or a member of the person's family; and

  • “(b) all or a specified part of a disability allowance is granted in respect of the supply of the goods or services; and

  • “(c) those goods or services are of a class, description, or kind supplied by a preferred supplier (being a preferred supplier to, or in respect of, the area in which the person resides) under a contract entered into with the chief executive under section 125AA.

• “(7B) If subsection (7A) applies to a person,—

  • “(a) the person must, for every supply of the goods or services after a nomination given to the person by the chief executive has come into force and while it remains in force, purchase the goods or services from a preferred supplier specified in that nomination and at the price determined by the contract under section 125AA with that supplier; and

  • “(b) the chief executive must, despite subsections (1) to (7), pay all, or the specified part, of the disability allowance that is granted in respect of the supply of the goods or services to that supplier in consideration of the supply of the goods or services to the person or the person's family member.

• “(7BA) A nomination under subsection (7B)(a)—

  • “(a) may be given orally or in writing (but, if given orally, must as soon as practicable be confirmed in writing); and

  • “(b) may from time to time be amended, revoked, or revoked and replaced by the chief executive, to recognise changes in preferred suppliers or preferred supply contracts ending without also being replaced.

• “(7BB) However, if the person’s net total benefit payments due to be paid on a pay day (after deducting any redirection under section 82(3) or reduction or deduction required to be made from the person’s benefit payments for another purpose (for example, under an attachment order or a deduction notice)) are less than the amount required to pay the preferred supplier on that pay day, the chief executive—

  • “(a) is not required by subsection (7B)(b) to pay to the preferred supplier on that pay day all, or the specified part, of the person’s disability allowance due on that pay day; but

  • “(b) may pay the amount due to the preferred supplier on 1 or more later pay days from amounts of disability allowance or other benefit payments due to the person on those 1 or more later pay days.

• “(7BC) Non-payment, or deferred payment, under subsection (7BB) does not reduce any amounts due to the preferred supplier from the person under, or make the chief executive or the Crown liable for breaching, the person's contract of purchase.

• “(7C) However, if the disability allowance granted to the person to whom subsection (7A) applies is granted at the maximum appropriate rate specified in Schedule 19, the chief executive may, in the chief executive's discretion, determine in writing that, despite subsection (7B),—

  • “(a) all, or the specified part, of the disability allowance that is granted in respect of the supply of the goods or services must be paid to the person for use only to purchase any 1 or more of the goods or services that the person chooses and that are goods or services in respect of the supply of which the disability allowance is granted; and

  • “(b) if the goods or services that the person chooses and purchases under paragraph (a) are goods or services supplied by the nominated preferred supplier under the contract entered into with the chief executive under section 125AA, then the person must purchase them from that supplier at the price determined by that contract.

• “(7D) No appeal under this Act lies against any chief executive's decision under subsections (7B) to (7C).

• “(7E) Subsections (7A) to (7D) are subject to (preferred supplier transitional provisions) directions under section 125AA(5).”

• “(c) except in the case of a person who is recognised as a refugee or a protected person in New Zealand under the Immigration Act 2009, has resided continuously in New Zealand for a period of at least 2 years at any one time,—

  • “(i) if subsection (1A) applies to the person,—

    • “(A) before he or she applies for the benefit; or

    • “(B) before a decision on his or her claim for the benefit is made under section 12; and

  • “(ii) in any other case, after the day on which paragraph (a) first applied to him or her.”

“75B Effect on benefit of warrant to arrest beneficiary

• “(1) This section applies to a beneficiary who is not an excluded beneficiary (as defined in subsection (1A)), (1A)) if the chief executive is satisfied (based on information available to the chief executive) that—

  • “(a) criminal proceedings have been commenced against the beneficiary in a New Zealand court for an offence (other than an offence of a class, description, or kind excluded from the operation of this paragraph by regulations made under section 132L); and

  • “(b) a New Zealand court has (or 1 or more of the court's Judges or Registrars has or have) in, or in connection with, those criminal proceedings, issued a warrant for the beneficiary's arrest; and

  • “(c) at least 28 days have elapsed since the date on which the warrant was issued.

  “(1A) Excluded beneficiary, in subsection (1), means,—

  • “(a) for the purposes of subsections (2) to (4), a beneficiary who is—

    • “(i) a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989); or

    • “(ii) a beneficiary who is not receiving a main benefit under this Act, New Zealand superannuation, or a veteran’s pension; or

    • “(iii) a beneficiary (for example, one who is receiving a main benefit under this Act, New Zealand superannuation, or a veteran’s pension, but) who falls within a class, description, or kind of beneficiary excluded from the operation of all of the provisions of this section by regulations made under section 132L; and

  • “(b) for the purposes of subsections (5) and (6), a beneficiary who is—

    • “(i) a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989); or

    • “(ii) a beneficiary who falls within a class, description, or kind of beneficiary excluded from the operation of all of the provisions of this section by regulations made under section 132L.

  “(2) The chief executive must as soon as practicable give the beneficiary a notice (to be delivered in accordance with section 86J) that—

  • “(a) allows a period of 10 working days within which the beneficiary may dispute that he or she is the person to whom the warrant to arrest applies or take steps to resolve the warrant; and

  • “(b) specifies the steps that the beneficiary may take to dispute that he or she is the person to whom the warrant to arrest applies or to resolve the warrant; and

  • “(c) specifies the consequences of the beneficiary's not resolving the warrant within that 10-working-day period.

  “(2A) A notice under subsection (2) involving information supplied by the Ministry of Justice under section 126AC may be combined with a notice of adverse action given under section 103(1) of the Privacy Act 1993.

  “(3) This subsection applies to the beneficiary unless, at the end of the 10-working-day period specified in the notice, the chief executive is satisfied (based on evidence provided by the beneficiary, or other information available to the chief executive, or both) of 1 of the following:

  • “(a) that the beneficiary is not the person to whom the warrant applies; or

  • “(ab) that the beneficiary has taken all reasonable steps to resolve the warrant, but the warrant has for reasons beyond the beneficiary's control not been resolved; or

  • “(b) that the warrant has been resolved.

  “(4) The benefit of a beneficiary to whom subsection (3) applies is not payable until the chief executive is satisfied (based on information provided by the beneficiary, otherwise available to the chief executive, or both) of 1 of the following:

  • “(a) that the beneficiary is not the person to whom the warrant applies; or

  • “(b) that the warrant has been resolved.

  “(5) Despite subsections (1)(c) and (2) to (4), the chief executive may suspend immediately the benefit of a beneficiary to whom subsection (1)(a) and (b) apply if satisfied that—

  • “(a) the department has received from the New Zealand Police a written request to suspend the beneficiary's benefit on the ground that the Commissioner of Police on reasonable grounds considers the beneficiary to be a risk to public safety; and

  • “(b) that request is signed by the Commissioner of Police or a constable who is of or above the level of position of inspector.

  “(6) As soon as is reasonably practicable after a suspension under subsection (5) of the benefit of a beneficiary, the chief executive must give the beneficiary a notice (to be delivered in accordance with section 86J) that—

  • “(a) communicates the fact of, and reason for, the suspension; and

  • “(b) specifies the steps that the beneficiary may take to dispute that he or she is the person to whom the warrant applies or to resolve the warrant.

  “(7) The following apply to a benefit that is not payable under subsection (4), or that is suspended under subsection (5), as if the benefit had been suspended under section 117:

  • “(a) section 80C (effect of work test on entitlement to supplementary benefits and on spouses or partners):

  • “(b) section 120 (modified effect in some cases of sanctions on rate of benefit for people married or in civil union or de facto relationship):

  • “(c) section 121 (effect of sanctions on benefit of sole parent).

  “(8) However, section 120(1) (which protects a spouse or partner), but no other provision of section 120, ceases to apply under subsection (7)(b) of this section to the benefit at the close of the 28th day after the date on which it becomes not payable under subsection (4) or, as the case requires, is suspended under subsection (5).”

• “(1) A benefit is not payable while a beneficiary is absent from New Zealand unless the benefit is so payable under—

  • “(a) the other provisions of this section; or

  • “(b) any agreement or convention adopted under section 19 of the Social Welfare (Transitional Provisions) Act 1990; or

  • “(c) sections 21 to 35 of the New Zealand Superannuation and Retirement Income Act 2001; or

  • “(d) sections 74E to 74T of the War Pensions Act 1954.

• “(2) A benefit is payable to a beneficiary in respect of any 1 or more absences of the beneficiary from New Zealand equal to or shorter than 4 weeks in total in any 52-week period if—

  • “(a) the benefit is not a benefit of a kind specified in subsection (2A); and

  • “(b) the benefit would, but for those 1 or more absences, be payable to the beneficiary; and

  • “(c) the chief executive is satisfied that the 1 or more absences do not affect the beneficiary's eligibility for the benefit.

• “(2A) The kinds of benefits referred to in subsections (2)(a) and (3)(a) are—

  • “(a) sole parent support for a work-tested beneficiary:

  • “(ab) supported living payment on the ground of sickness, injury, disability, or total blindness, under section 40B, for a work-tested spouse or partner:

  • “(b) jobseeker support (other than jobseeker support for a spouse or partner who is not a work-tested spouse or partner):

  • “(c) an emergency benefit:

  • “(d) any benefit that, but for the 1 or more absences referred to in subsection (2) or (3), would be payable to a beneficiary who is subject to 1 or more requirements made under section 60Q(3):

  • “(e) a youth payment or young parent payment.

• “(3) The chief executive may, in the chief executive's discretion, pay a benefit to a beneficiary in respect of any 1 or more absences of the beneficiary from New Zealand equal to or shorter than 4 weeks in total in any 52-week period if—

  • “(a) the benefit is a benefit of a kind specified in subsection (2A); and

  • “(b) the benefit would, but for those 1 or more absences, be payable to the beneficiary; and

  • “(c) the chief executive is satisfied that the payment of the benefit complies with any applicable criteria prescribed for the purposes of this subsection by regulations made under section 132.

• “(3AA) If satisfied that relevant qualifying circumstances (as defined for the purposes of this subsection by regulations made under section 132) apply to or in respect of a beneficiary, the chief executive may, in the chief executive's discretion, determine that a benefit may be paid under subsection (2) or (3) in respect of any 1 or more absences of the beneficiary from New Zealand longer than 4 weeks in total in any 52-week period.

• “(3A) The chief executive may, in the chief executive's discretion, pay a supported living payment on the ground of sickness, injury, disability, or total blindness for a period (not exceeding 6 weeks) in which a beneficiary (not being a work-tested spouse or partner of a supported living payment beneficiary) is absent from New Zealand for the sole or predominant purpose of competing in any overseas multinational or international Special Olympic or Paralympic Games competition, if the chief executive is satisfied that the beneficiary would, but for his or her absence from New Zealand, continue to be eligible for the supported living payment.”

• “(6) A beneficiary who proposes to be absent from New Zealand has a duty imposed by this subsection to notify an officer of the department, before that absence, of the beneficiary's forthcoming absence from New Zealand. No beneficiary has any entitlement under subsection (2), (3), (3AA), (3A), or (4) to be paid a benefit while overseas unless that beneficiary has performed that duty, and therefore notified an officer of the department, before that absence, of the beneficiary's forthcoming absence.

• “(7) In particular, if the beneficiary fails to perform his or her duty to notify under subsection (6), and after departing from New Zealand notifies an officer of the department of the beneficiary's current absence from New Zealand, the beneficiary's entitlement under subsection (2), (3), (3AA), (3A), or (4) to be paid a benefit while overseas (if the beneficiary is otherwise qualified to be paid that benefit) commences no earlier than the date of the notification.

• “(8) Despite subsections (6) and (7), the chief executive may, in his or her discretion, authorise the beneficiary's entitlement under subsection (2), (3), (3AA), (3A), or (4) to commence on or after the beneficiary's departure if the chief executive is satisfied that—

  • “(a) both the beneficiary's absence from New Zealand, and the beneficiary's failure to notify an officer of the department, before that absence, of the beneficiary's forthcoming absencefrom New Zealand, are justified for 1 or more good and sufficient humanitarian reasons (as the term humanitarian reasons is defined for the purposes of this paragraph by regulations made under section 132); and

  • “(b) the beneficiary after departing from New Zealand notified an officer of the department of the beneficiary's current absence from New Zealand as soon as was reasonably practicable in the circumstances.

• “(9) Nothing in subsections (2) to (8) applies to the following:

  • “(a) New Zealand superannuation payable under the New Zealand Superannuation and Retirement Income Act 2001:

  • “(b) veterans' pensions payable under Part 6 of the War Pensions Act 1954:

  • “(c) entitlements pursuant to an agreement or convention that is given effect in relation to New Zealand by an Order in Council made pursuant to section 19 of the Social Welfare (Transitional Provisions) Act 1990.”

“77A Effect of absence of beneficiary from New Zealand: department must explain provisions

• The chief executive must take reasonable and appropriate steps to make every person who is, or appears to the chief executive to be likely to be, affected by a provision of section 77, 77 aware of—

  • “(a) the existence, and substance of, , of the provision; and

  • “(b) the consequences or possible consequences of the operation of the provision.”

• “(b) a benefit commences on the day on which the stand down period ends if the application for the benefit is received within 28 days after the date on which the person becomes entitled to the benefit, and the benefit is—

  • “(i) sole parent support; or

  • “(ii) a supported living payment; or

  • “(iii) jobseeker support granted on the ground of sickness, injury, or disability; or

  • “(iv) jobseeker support granted to a sole parent; or

  • “(v) jobseeker support granted to a person who has recently lost the financial support of his or her spouse or partner by reason of death, the spouses or partners commencing to live apart, or the ending of a de facto relationship; or

  • “(vi) a youth payment; or

  • “(vii) a young parent payment.”

• “(5) In all other cases, every benefit ends on a date set by the chief executive (being a date no later than 28 days after the date of the beneficiary's death).”

• “(8) A supported living payment on the ground of sickness, injury, disability, or total blindness and that is cancelled on medical grounds ends on a date set by the chief executive (being a date no later than 28 days after that cancellation of that benefit).”

“80BE Expiry and re-grant of specified benefits

• “(1) If it has not ceased earlier, a beneficiary's entitlement to a specified benefit ceases on the expiry date for that specified benefit (as those terms are defined in subsection (5)), and that benefit expires on that date. The specified benefit may be re-granted if that beneficiary reapplies for it in accordance with requirements in this Act or in regulations under section 132M for re-grant of it.

  “(2) The chief executive must, not less than 20 working days before the expiry date for the specified benefit, give notice to that beneficiary stating—

  • “(a) that entitlement to that benefit will cease unless the beneficiary reapplies for that benefit and it is re-granted; and

  • “(b) the date on which entitlement to that benefit will cease; and

  • “(c) what the beneficiary must do to reapply for that benefit and the period within which he or she must do so.

  “(3) Subsection (2) does not apply if, at the time the chief executive is required to give notice under that subsection, the specified benefit—

  • “(a) is suspended because the beneficiary is undertaking temporary employment; or

  • “(b) is not for the time being payable under this Act (for example, under section 76 or 77); or

  • “(c) is suspended under any provision of this Act other than section 117.

  “(4) However, if at any time before the expiry date for that benefit any of the circumstances described in subsection (3) no longer exist, then the chief executive must, as soon as practicable, take reasonable steps to advise the beneficiary of the matters set out in subsection (2)(a) to (c).

  “(5) In this section and section 80BF,—

  “expiry date, in relation to a specified benefit, means the expiry date prescribed for that specified benefit by regulations under section 132M

  “specified benefit means a benefit that is—

  • “(a) jobseeker support; or

  • “(b) sole parent support, supported living payment, or emergency benefit, unless that benefit is for the time being declared not to be a specified benefit for the purposes of this section and section 80BF by regulations under section 132M(1)(a).

  “(5A) Regulations under section 132M(1)(a) that declare a benefit referred to in subsection (5)(b) of this section not to be a specified benefit for the purposes of this section and section 80BF may, without limitation, declare not to be a specified benefit for those purposes either or both of the following:

  • “(a) that benefit as granted on only 1 or more specified available eligibility grounds:

  • “(b) that benefit as granted to only 1 or more specified categories, classes, or kinds of beneficiaries.

  “(6) However, a specified benefit that expires under this section in the week that is, or is the week immediately before, the week that includes 26 December in a year must (despite section 80BD(1) and the rest of this section) continue to be paid until the first Monday after 2 January in the immediately following year.

  “(7) However, the chief executive may, in any circumstances in which an exemption from expiry may be considered that are specified for the purposes of this section by regulations under section 132M, and by notice in writing copied as soon as practicable to every beneficiary concerned, exempt from expiry under this section, until an identified event or situation or time, and on identified conditions (if any), all or any specified benefits of an identified beneficiary or of all beneficiaries who fall within an identified class or description.

“80BF Requirements for re-grant of specified benefits

• “(1) No specified benefit may be re-granted under this section to a person to whom section 80BE applies unless—

  • “(a) the department has received—

    • “(i) a reapplication form (provided by the chief executive for the purpose) completed by or on behalf of the beneficiary and his or her spouse or partner (if any) to the chief executive's satisfaction; and

    • “(ii) any supporting evidence reasonably required by the chief executive; and

  • “(b) the beneficiary and the beneficiary's work-tested spouse or partner (if any) have participated, to the satisfaction of the chief executive, in a comprehensive work assessment of a kind specified by the chief executive.

  “(2) Subsection (1)(b) is subject to subsection (8).

  “(3) If, in relation to a person, the requirements of subsection (1) are completed on or before the expiry date (as defined in section 80BE 80BE(5)) for the person's specified benefit,—

  • “(a) the chief executive must re-grant the person's specified benefit if the chief executive is satisfied that the person meets or continues to meet the eligibility criteria for that benefit; and

  • “(b) if re-granted, that benefit commences on that expiry date.

  “(4) If, in relation to a person, the requirements of subsection (1) are completed after, but within 20 working days after, the expiry date for the person's specified benefit, and the chief executive is satisfied that there were exceptional circumstances that prevented those requirements from being completed on or before that expiry date,—

  • “(a) the chief executive must re-grant the person's specified benefit if the chief executive is satisfied that—

    • “(i) the person meets the eligibility criteria for that benefit set out in section 88B; and

    • “(ii) after that expiry date, and unless exceptional circumstances prevented the person from doing so, the person continued to meet the eligibility criteria for that benefit; and

  • “(b) if re-granted, that benefit commences on that expiry date.

  “(5) If a person intending to reapply for the specified benefit contacts the department on or before the expiry date for the person's specified benefit,—

  • “(a) the chief executive may set a time (being a time within 10 working days after that expiry date) before which the requirements of subsection (1) are to be completed; and

  • “(b) if those requirements are completed before that time, the chief executive may re-grant that benefit under subsection (4).

  “(6) Subsections (1) to (5) override section 11D(1).

  “(7) The specified benefit must not be re-granted under this section to a person, and any reapplication form received from or on behalf of that person must be treated as an application form for the purposes of section 11D(2), if the requirements of subsection (1)—

  • “(a) are not completed within 20 working days after the expiry date for the person's specified benefit; or

  • “(b) were completed within that time but after that expiry date, and the chief executive is satisfied that there were no exceptional circumstances that prevented those requirements from being completed on or before that expiry date.

  “(8) For the purposes of this section, a failure of a beneficiary's work-tested spouse or partner to participate in a comprehensive work assessment in accordance with subsection (1)(b)—

  • “(a) must not be treated as a failure to complete the requirements of subsection (1); but

  • “(b) must be treated as a failure by that spouse or partner to comply with his or her work test obligations.”

• “(4) If, after reviewing under subsection (1) a benefit granted on a stated eligibility ground for that benefit, the chief executive considers that the beneficiary is more appropriately entitled to receive that benefit on another eligibility ground for that benefit, the chief executive may—

  • “(a) cancel that benefit on the stated eligibility ground; and

  • “(b) grant that benefit instead on the other eligibility ground commencing from the date of cancellation.”

• “(6AA) This subsection applies to the beneficiary if—

  • “(a) the immediate needs of the beneficiary relate to the supply of any goods or services to the beneficiary or a member of the beneficiary's family; and

  • “(b) the goods or services are of a class, description, or kind supplied by a preferred supplier (being a preferred supplier to, or in respect of, the area in which the beneficiary resides) under a contract entered into with the chief executive under section 125AA.

• “(6AB) If subsection (6AA) applies to the beneficiary, the beneficiary must purchase the goods or services from a preferred supplier nominated by the chief executive at the price determined by the contract under section 125AA with that supplier, and—

  • “(a) the amount of the advance payment of benefit for purchasing the goods or services is the lesser of—

    • “(i) the price so determined; and

    • “(ii) the maximum amount of advance payment of benefit that is available to the beneficiary for that purpose; and

  • “(b) the chief executive must, despite subsections (3), (6), and (6A), pay the advance payment of the benefit to that supplier in consideration of the supply of the goods or services to the beneficiary or the beneficiary's family member.

• “(6AC) A nomination under subsection (6AB) of a preferred supplier—

  • “(a) may be given orally or in writing (but, if given orally, must as soon as practicable be confirmed in writing); and

  • “(b) may from time to time be amended, revoked, or revoked and replaced by the chief executive, to recognise changes in preferred suppliers or preferred supply contracts ending without also being replaced.”

• “(6F) This subsection applies to a beneficiary if—

  • “(a) the chief executive has under section 125AA entered into a contract with a preferred supplier for the supply of goods or services (for example, electricity, gas, or telecommunications); and

  • “(b) the beneficiary to obtain the advantage of that supply at the price determined by that contract requests the chief executive in writing to pay, for a period identified by the chief executive, an agreed amount or agreed portion of the benefit payments payable to the beneficiary to the preferred supplier in consideration of the supply of those goods or services to the beneficiary or a member of the beneficiary's family.

• “(6G) If subsection (6F) applies to a beneficiary,—

  • “(a) the chief executive may, despite subsection (3), act on the beneficiary's written request under subsection (6F), and accordingly pay the preferred supplier for the identified period the agreed amount or agreed portion of the benefit payments payable to the beneficiary in consideration of the supply of those goods or services to the beneficiary or the beneficiary's family member; and

  • “(b) the beneficiary cannot withdraw from the redirection arrangement arising from that request unless the chief executive, in his or her discretion, considers a withdrawal during the identified period is justified by special circumstances established to the chief executive's satisfaction.”

“controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975

“drug test, for a person, means a test to detect the presence in the person’s body of 1 or more controlled drugs

“evidential drug test, for a person, means a drug test that, when undertaken by the person, complies with a standard that is—

• “(a) a standard for drug tests for evidential purposes; and

• “(b) a New Zealand standard, joint Australian/New Zealand standard, or other national or international standard; and

• “(c) prescribed (whether under sections 22 to 25 of the Standards Act 1988, or otherwise) in regulations made under section 132

“fail, for a person and a drug test, means means,—

• “(a) if the drug test is a screening drug test or an evidential drug test, not to pass the drug test; or

• “(b) if the drug test is an evidential drug test, to waive in the situation specified in section 102B(3), and so under that section be taken for the purposes of this Act to have failed, that evidential drug test

“pass, for a person and a drug test, means to undertake the drug test with the consequence that the drug test produces a valid result that that,—

• “(a) if the drug test is a screening drug test, does not indicate the presence in the person's body of 1 or more controlled drugs at or above the minimum level identified in the standard (prescribed in regulations made under section 132) with which the test complies; and

• “(b) if the drug test is an evidential drug test, does not detect for evidential purposes the presence in the person’s body of 1 or more controlled drugs at or above the minimum level identified in the standard (prescribed in regulations made under section 132) with which the test complies

“screening drug test, for a person, means a drug test that—

• “(a) may indicate the presence in the person’s body of 1 or more controlled drugs; and

• “(b) is quicker, less formal, and less expensive than, and is designed for use in conjunction with, a drug test for evidential purposes; and

• “(c) complies with a standard that is—

  • “(i) a standard for drug tests for screening purposes; and

  • “(ii) a New Zealand standard, joint Australian/New Zealand standard, or other national or international standard; and

  • “(iii) prescribed (whether under sections 22 to 25 of the Standards Act 1988, or otherwise) in regulations made under section 132”.

“Jobseeker support

“88B Jobseeker support: standard eligibility requirements

• “(1) A person is entitled to jobseeker support if he or she satisfies the criteria in subsections (2), (3), and (4), and—

  • “(a) is not in full-time employment, but—

    • “(i) is seeking it; and

    • “(ii) is available for it; and

    • “(iii) is willing and able to undertake it; and

    • “(iv) has taken reasonable steps to find it; or

  • “(ab) is not in full-time employment, but would comply with subparagraphs (i) to (iv) of paragraph (a) but for circumstances that would qualify the person for an exemption under section 105 from some or all work test obligations; or

  • “(b) is not in full-time employment and is willing to undertake it but, because of sickness, injury, or disability, is limited in his or her capacity to seek, undertake, or be available for it; or

  • “(c) is in employment, but is losing earnings because, through sickness or injury, he or she is not working at all, or is working only at a reduced level.

  “(2) An applicant for jobseeker support—

  • “(a) must be aged at least 18 years, in the case of an applicant without a dependent child:

  • “(b) must be aged at least 19 years, in any other case.

  “(3) An applicant for jobseeker support must meet the residential requirements in section 74AA.

  “(4) An applicant for jobseeker support must have—

  • “(a) no income; or

  • “(b) an income of less than the amount that would fully abate that benefit.

  “(5) Nothing in subsection (4) affects the entitlement of a person to receive jobseeker support if, during a temporary period, the person has income sufficient to fully abate that benefit but the person otherwise fulfils the conditions of entitlement to that benefit.

  “(6) Nothing in subsection (1)(a) or (4) affects the entitlement of a person receiving jobseeker support at the rate in clause 1(ab) or (ba) of Schedule 9 to receive jobseeker support if, during a temporary period, the person engages in full-time employment, and the income from that employment and the person's other income when calculated over a 52-week period under section 64(2A) is less than the amount that would fully abate the benefit.

  “(7) A sick or injured person (A) may treat as a loss of A's earnings for the purposes of subsection (1)(c) a payment A makes to any other person (B) who acts as A's substitute during A's sickness or injury.

“88C Jobseeker support: grounds of hardship

• “(1) The chief executive may grant jobseeker support under section 88B to a person who meets the criteria in section 88B(1) and (2) but who does not meet the other criteria in section 88B if—

  • “(a) the person is suffering hardship; and

  • “(b) the person is not qualified to receive any other benefit; and

  • “(c) the person is unable to earn sufficient income to support the person and his or her spouse or partner and any dependent children.

  “(2) The chief executive may, under the exception in section 88D(a), during the period between the end of one academic year and the start of the next, grant jobseeker support under section 88B to a full-time student.

  “(3) The chief executive may, under the exception in section 88D(a), during the period between the end of one academic year and the start of the next, grant jobseeker support under section 88B to a full-time student who is aged 16 years or 17 years if the chief executive is satisfied that—

  • “(a) any of paragraphs (a) to (c) of section 159(2) applies to the student; or

  • “(b) the student is married or in a civil union or in a de facto relationship.

“88D Jobseeker support: ineligibility

• No person is eligible to be granted jobseeker support if he or she—

  • “(a) is a full-time student (other than in the situation described in section 88C(2) or (3)); or

  • “(b) is unemployed because of a strike undertaken by himself or herself, or by fellow members of the same union at the same place of employment; or

  • “(c) became unemployed or took leave with or without pay from the person's employment for the purpose, in the opinion of the chief executive, of undertaking employment-related training.

“88E Jobseeker support: on ground of sickness, injury, or disability: medical examination

• “(1) A person making an application for jobseeker support on the ground of sickness, injury, or disability (the applicant) must include in the application a certificate that complies with subsections (2) and (3).

  “(2) A certificate complies with this subsection only if it is given—

  • “(a) by a medical practitioner in respect of any condition; or

  • “(b) by a dentist and in respect of a condition that is within the ambit of his or her profession; or

  • “(c) by a midwife in respect of a pregnancy, childbirth, or any related condition that is within the ambit of his or her profession; or

  • “(d) by a health practitioner of a kind specified for the purposes of this paragraph in regulations made under section 132 and in respect of a condition within the ambit of his or her scope of practice.

  “(3) A certificate complies with this subsection only if it—

  • “(a) certifies that the applicant's capacity for work is affected by sickness, injury, or disability; and

  • “(b) indicates the nature of the sickness, injury, or disability concerned, the extent to which the applicant's capacity for work is affected by it, and the length of time that effect is likely to last; and

  • “(c) contains any other particulars the chief executive may under this paragraph require.

  “(4) The chief executive may at any time require the applicant or a jobseeker support beneficiary to submit himself or herself for examination by a medical practitioner or psychologist. The medical practitioner or psychologist must be agreed for the purpose between the applicant or beneficiary and the chief executive or, failing agreement, must be nominated by the chief executive.

  “(5) The medical practitioner or psychologist must prepare, and must send the chief executive a copy of, a report that indicates—

  • “(a) whether the applicant's or beneficiary's capacity for work is affected by sickness, injury, or disability; and

  • “(b) the extent to which the applicant's or beneficiary's capacity for work is affected by the sickness, injury, or disability concerned; and

  • “(c) whether and, whether, and if so, for how long, that capacity is likely to continue to be affected by the sickness, injury, or disability concerned.

“88F Jobseeker support: obligations on beneficiaries

• “(1) A person granted jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability) must (subject to sections 88J and 105) comply with the work test from the time that payment of jobseeker support commences.

  “(2) The chief executive must after granting a person jobseeker support on the ground of sickness, injury, or disability, and may at any later time, determine whether the person has, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work (as defined in section 3(1)).

  “(3) A determination under subsection (2) must be made after having had regard to—

  • “(a) the relevant certificate, and any relevant report obtained, under section 88E; and

  • “(b) any relevant work ability assessment under sections 100B and 100C.

  “(4) A determination under subsection (2) that the person granted jobseeker support on the ground of sickness, injury, or disability has, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work has the consequence that the person is required to comply with the work test on and after a date specified in a written notice (of the determination's making and effects) that the chief executive must give the person.

  “(5) The date specified in a written notice under subsection (4),—

  • “(a) in the case of a new grant of jobseeker support, may be the date on which that benefit is first paid; but

  • “(b) in any case, must not be a date before the date on which the chief executive reasonably considers the person will receive the notice.

  “(6) The chief executive may at any time, whether on the application of the person or otherwise, review a determination under subsection (2), and may confirm, amend, revoke, or revoke and replace it and any related written notice under subsection (4).

  “(7) A determination under subsection (2) that the person granted jobseeker support on the ground of sickness, injury, or disability has not, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work has the consequence that the person is entitled to (even if he or she has not sought one) a deferral under section 88I(6) of all of the person's work test obligations.

  “(8) A person must comply with the person's social obligations under section 60RA(3) if the person—

  • “(a) is a person with 1 or more dependent children; and

  • “(b) is the person granted a benefit that is jobseeker support; and

  • “(c) is not a young person on whom obligations are placed under section 171(1) or (2).

“88G Jobseeker support: obligations of spouse or partner of person granted it

• From the time that payment of the jobseeker support commences, the spouse or partner of a person granted jobseeker support,—

  • “(a) if the benefit is granted at a work-test couple rate, must comply with a requirement under section 60Q; and

  • “(b) if he or she is a person to whom section 60RA applies, must comply with his or her social obligations under section 60RA(3); and

  • “(c) if he or she is a work-tested spouse or partner, must comply with the work test.

“88H Jobseeker support: application for deferral of work test obligations

• “(1) A person granted jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability) may apply to the chief executive for a deferral of all of the person's work test obligations on the grounds that he or she—

  • “(a) is a sole parent with a dependent child under the age of 1 year; and

  • “(b) is a recipient of jobseeker support instead of sole parent support under section 20D solely because that child is an additional dependent child (within the meaning of section 60GAE(1)).

  “(2) A person granted jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability) may apply to the chief executive for a deferral of all of the person's work test obligations on the grounds that he or she has, because of his or her sickness, injury, or disability (being a sickness, injury, or disability that arose or became apparent only after he or she was granted jobseeker support), either—

  • “(a) no capacity for work; or

  • “(b) capacity only for work that is less than part-time work (as defined in section 3(1)).

  “(3) The chief executive may require an applicant to verify any particulars relevant to an application under this section in such manner as the chief executive specifies either generally or specifically.

“88I Jobseeker support: chief executive's powers and duties to defer work test obligations

• “(1) The chief executive may defer all of the beneficiary’s work test obligations if satisfied, on an application under section 88H(1) or in accordance with subsection (4) of this section, that the beneficiary complies with both of paragraphs (a) and (b) of section 88H(1).

  “(2) The chief executive may defer all of the beneficiary's work obligations if satisfied, on an application by the beneficiary under section 88H(2) or in accordance with subsection (4) of this section, that the beneficiary has, because of his or her sickness, injury, or disability, either—

  • “(a) no capacity for work; or

  • “(b) capacity only for work that is less than part-time work (as defined in section 3(1)).

  “(3) A deferral under this section must be in writing and may be granted—

  • “(a) for a time set by the chief executive; or

  • “(b) on conditions set by the chief executive; or

  • “(c) for both a time and on conditions set by the chief executive.

  “(4) The chief executive may grant to a beneficiary granted jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability) a deferral under this section on the ground set out in (as the case may be) section 88H(1) or (2) whether or not a formal application is made by or on behalf of the beneficiary to whom it relates.

  “(5) A determination under subsection (1) or (2) must be made after having had regard to—

  • “(a) the relevant certificate, and any relevant report obtained, under section 88E; and

  • “(b) any relevant work ability assessment under sections 100B and 100C.

  “(6) The chief executive must grant a deferral under this section to a person who is the subject of a determination of the kind referred to in section 88F(7) (even if the person has not applied for, or otherwise sought, the deferral).

  “(7) The chief executive may from time to time review a deferral granted under this section, and may extend, vary, or revoke it.

“88J Jobseeker support: effect of deferral

• While a deferral under section 88I is in force,—

  • “(a) the work test obligations of the beneficiary concerned are deferred for the time specified in the deferral; and

  • “(b) sections 60P, 60Q, and 60R apply to the beneficiary concerned as if he or she were not a work-tested beneficiary.

“88K Jobseeker support: deferred or exempted people must notify change of circumstances

• “(1) This section applies to a person who is, or is deemed to have been, granted a deferral under section 88I.

  “(2) A person to whom this section applies must notify the chief executive as soon as practicable of any change in the person's circumstances that may affect his or her entitlement to the deferral.

  “(3) This section does not limit or affect the obligation under section 105(5A) of a person who is, or is deemed to have been, granted an exemption under section 105 (for example, an exemption under section 105 from work test obligations) to notify the chief executive as soon as practicable of any change in the person's circumstances that may affect his or her entitlement to the exemption.

“88L Jobseeker support: payment

• “(1) Payment of jobseeker support commences in accordance with section 80.

  “(2) Jobseeker support must be paid in weekly instalments, instalments in accordance with section 82.

  “(3) Payment of jobseeker support may be suspended or cancelled in accordance with sections 80 to 82.

  “(4) Subsection (3) does not limit any other provision in this Act.

“88M Jobseeker support: rates

• “(1) Jobseeker support must be paid to a person granted that benefit at the appropriate rate in Schedule 9.

  “(2) If no payment is made under this section in respect of the spouse or partner of a person granted jobseeker support, the chief executive may increase the rate of jobseeker support payable to a beneficiary by an amount not exceeding the amount specified in clause 2 of Schedule 9 in respect of any person who for the time being has the care of the home of that beneficiary.

  “(3) Subsection (4) applies to an applicant for jobseeker support who has a spouse or partner who is ineligible for a benefit for a period because of—

  • “(a) the application of section 60H (which relates to voluntary unemployment or loss of employment through misconduct, etc); or

  • “(b) the application of section 117 (which relates to sanctions that may be imposed for failures to comply with work test or other obligations and work preparation interviews and exercises); or

  • “(c) a strike, either by himself or herself, or by fellow members of the same union at the same place of employment.

  “(4) The rate of jobseeker support that an applicant to whom this subsection applies under subsection (3) is entitled to receive during the period of non-entitlement of his or her spouse or partner is the appropriate rate in clause 5 of Schedule 9.”