Social Security Amendment Act (No 2) 1970
Social Security Amendment Act (No 2) 1970
Social Security Amendment Act (No 2) 1970
Social Security Amendment Act (No 2) 1970
Public Act |
1970 No 149 |
|
Date of assent |
3 December 1970 |
|
Contents
An Act to amend the Social Security Act 1964
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the Social Security Amendment Act (No. 2) 1970, and shall be read together with and deemed part of the Social Security Act 1964 (hereinafter referred to as the principal Act).
Part I Monetary Benefits
2 Family benefit may be paid for year in advance
(1)
Section 36 of the principal Act is hereby amended by repealing paragraph (b) of subsection (1), and substituting the following paragraph:
“(b)
A child who has commenced his first year of secondary education within the meaning of the Education Act 1964 or his first year of education in an intermediate school, intermediate department, or composite school within the meaning of that Act, provided that application for the payment is made within three months after the date on which the child commenced such education.”
(2)
The said section 36 is hereby further amended by adding the following subsection:
“(3)
A lump sum payment shall not be made under paragraph (b) of subsection (1) of this section more than once in respect of the same child.”
3 Increasing rates of mother’s allowance and family maintenance allowance in respect of period 8 July 1970 to 1 September 1970
(1)
In respect of the period commencing on the 8th day of July 1970 and ending with the 1st day of September 1970, the principal Act shall have effect as if the Third and Fourteenth Schedules thereto (as substituted by section 3(1) of the Social Security Amendment Act 1970) had been amended in the manner indicated in the First Schedule to this Act.
(2)
Notwithstanding the provisions of section 80 of the principal Act, every family maintenance allowance granted under section 61a of the principal Act to a married beneficiary with one dependent child shall be deemed to have commenced on the 8th day of July 1970 or on the date on which the beneficiary became qualified to receive it, whichever is the later, if the application for the allowance was made on or before the 7th day of October 1970.
(3)
This section and the First Schedule to this Act shall be deemed to have come into force on the 8th day of July 1970.
4 Increasing rates of benefits on and after 2 September 1970
(1)
The principal Act is hereby further amended by repealing the First to Tenth, Twelfth, Fourteenth, and Fifteenth Schedules (as substituted by section 3(1) of the Social Security Amendment Act 1970), and substituting the First to Tenth, Twelfth, Fourteenth, and Fifteenth Schedules set out in the Second Schedule to this Act.
(2)
Section 3 of the Social Security Amendment Act 1970 and the Schedule to that Act are hereby repealed.
(3)
This section and the Second Schedule to this Act shall be deemed to have come into force on the 2nd day of September 1970.
Part II Medical and Hospital Benefits and Other Related Benefits
5 Specialist medical services
(1)
Section 97 of the principal Act (as substituted by section 14 of the Social Security Amendment Act 1969) is hereby amended by repealing subsection (2), and substituting the following subsection:
“(2)
Before recognising any medical practitioner as a specialist for the purposes of this section, the Minister shall refer the application for such recognition to such persons or organisations practising medicine or involved with the practice of medicine as he thinks fit for reports and recommendations; and the Minister shall take any such reports and recommendations into account before granting or refusing the application.”
(2)
Section 9 of the Social Security Amendment Act 1967 is hereby repealed.
6 Specialists in relation to maternity benefits
(1)
Section 113 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:
“(2)
Before recognising any medical practitioner as a specialist for the purposes of this section, the Minister shall refer the application for such recognition to such persons or organisations practising medicine or involved with the practice of medicine as he thinks fit for reports and recommendations; and the Minister shall take any such reports and recommendations into account before granting or refusing the application.”
(2)
Section 12 of the Social Security Amendment Act 1967 is hereby consequentially repealed.
(3)
Section 17 of the Social Security Amendment Act 1969 is hereby consequentially amended by repealing paragraph (a) of subsection (2).
7 Regulations
Section 123 of the principal Act is hereby amended by adding the following subsection:
“(2)
Any regulations made under section 116 of this Act or subsection (1) of this section may, so far as they relate to services or benefits, apply in respect of services rendered or benefits provided on or after such date as may be specified in the regulations, which may be a date before or after or the same as the date on which the regulations are made.”
SCHEDULES
FIRST SCHEDULE Amendments to Principal Act Increasing Rates of Mother’s Allowance and Family Maintenance Allowance in Respect of Period 8 July 1970 to 1 September 1970
Section 3(1)
| Schedule Amended | Amendment |
|---|---|
| Third Schedule | By omitting from clause 3(a) the expression “$520”, and substituting the expression “$572”. |
By omitting from clause 3(b) the expression “$52”, and substituting the expression “$78”. | |
| Fourteenth Schedule | By omitting from clause 1(a)(i) the expression “$520”, and substituting the expression “$572”. |
By omitting from clause 1(a)(ii) the expression “$52”, and substituting the expression “$78”. | |
By omitting from clause 1(b)(i) the word “second”, and substituting the words “first or only”. | |
By omitting from clause 1(b)(i) the expression “$39”, and substituting the expression “$52”. | |
By omitting from clause 1(b)(ii) the word “second”, and substituting the word “first”. | |
By omitting from clause 1(b)(ii) the expression “$52”, and substituting the expression “$78”. | |
By omitting from clause 2(a)(i) the expression “$10”, and substituting the expression “$11”. | |
By omitting from clause 2(a)(ii) the expression “$1”, and substituting the expression “$1.50”. | |
By omitting from clause 2(b)(i) the word “second”, and substituting the words “first or only”. | |
By omitting from clause 2(b)(i) the expression “75c”, and substituting the expression “$1”. | |
By omitting from clause 2(b)(ii) the word “second”, and substituting the word “first”. | |
By omitting from clause 2(b)(ii) the expression “$1”, and substituting the expression “$1.50”. |
SECOND SCHEDULE New First to Tenth, Twelfth, Fourteenth, and Fifteenth Schedules to Principal Act (Effective on and after 2 September 1970)
Section 4(1)
“FIRST SCHEDULE Rates of Superannuation Benefits
Section 15
1.
In every case $702 a year.
2.
The rate specified in clause 1 of this Schedule may, in the discretion of the Commission, be increased by $65 a year in any case where the beneficiary is an unmarried person:
Provided that the Commission may refuse to increase any benefit under this clause in any case where, in the opinion of the Commission, the beneficiary is sharing household expenses with any other person.
“SECOND SCHEDULE Rates of Age Benefits
Sections 18, 19, 20
1.
| (a) To any unmarried beneficiary | $767 a year diminished by $2 for every complete $2 of the annual income of the beneficiary in excess of $676 a year. |
| (b) To a married beneficiary whose wife or husband is granted an age benefit or invalid’s benefit in her or his own right | $702 a year, diminished by $1 for every complete $2 of the total annual income of the beneficiary and his or her spouse in excess of $676 a year. |
| (c) To a married male beneficiary whose wife is not granted a benefit in her own right | $702 a year, increased by $702 a year in respect of his wife, the total rate to be diminished by $2 for every complete $2 of the total annual income of the beneficiary and his wife in excess of $676 a year. |
| (d) To any other married beneficiary | $702 a year, diminished by $2 for every complete $2 of the total annual income of the beneficiary and the spouse of the beneficiary, including the amount of any benefit under Part I of this Act (other than an increase of benefit under section 69) granted to the spouse of the beneficiary, in excess of $1,378 a year: |
Provided that the rate specified in paragraph (a) of this clause may, in the discretion of the Commission, be reduced by an amount not exceeding $65 a year in any case where the Commission is satisfied that the beneficiary is sharing household expenses with any other person:
Provided also that in computing for the purposes of this clause the income of any totally blind person the Commission shall take no account of the personal earnings of that person:
Provided further that in any case where a beneficiary is totally blind, the rate of the age benefit, together with any benefits and allowances payable to or in respect of the wife or husband of the beneficiary, shall not be less than the aggregate rate of the benefits and allowances that would have been payable to or in respect of the beneficiary and his or her spouse if the beneficiary had been eligible for an invalid’s benefit.
| 2. Special income exemption where application for age benefit deferred | $13 a year in respect of each year of deferment. |
| 3. Additional age benefit for South African war veterans, in every case | $52 a year. |
“THIRD SCHEDULE Rates of Widows’ Benefits
Sections 21, 24
| 1. To a beneficiary without dependent children | $767 a year, diminished by $2 for every complete $2 of the annual income of the beneficiary in excess of $676 a year. |
| 2. To a beneficiary with one or more dependent children | $767 a year, increased in the discretion of the Commission, by a mother’s allowance not exceeding the appropriate rate specified in clause 3 of this Schedule, and diminished by $2 for every complete $2 of the annual income of the beneficiary in excess of $884 a year. |
3.
Additional mother’s allowance to a beneficiary—
| (a) On account of first or only dependent child | $624 a year. |
| (b) On account of each additional dependent child after the first | $78 a year. |
4.
The rates specified in clauses 1 and 2 of this Schedule may, in the discretion of the Commission, be reduced by an amount not exceeding $65 a year in any case where the Commission is satisfied that the beneficiary is sharing household expenses with any other person.
“FOURTH SCHEDULE Maximum Rates of Orphans’ Benefits
Section 29
| In every case | $429 a year, diminished by $2 for every complete $2 of the annual income of the orphan in excess of $104 a year. |
“FIFTH SCHEDULE Rates of Family Benefits
Section 34
| In respect of each child | $1.50 a week. |
“SIXTH SCHEDULE Rates of Invalids’ Benefits
Sections 42, 43
1.
| (a) To an unmarried beneficiary under the age of 20 years | $663 a year, diminished by $2 for every complete $2 of the annual income of the beneficiary in excess of $676 a year. |
| (b) To any other unmarried beneficiary | $767 a year, diminished by $2 for every complete $2 of the annual income of the beneficiary in excess of $676 a year. |
| (c) To a married beneficiary whose wife or husband is granted an age benefit or invalid’s benefit in her or his own right | $702 a year, diminished by $1 for every complete $2 of the total annual income of the beneficiary and his or her spouse in excess of $676 a year. |
| (d) To a married male beneficiary whose wife is not granted a benefit in her own right | $702 a year, increased by $702 a year in respect of his wife, the total rate to be diminished by $2 for every complete $2 of the total annual income of the beneficiary and his wife in excess of $676 a year. |
| (e) To any other married beneficiary | $702 a year, diminished by $2 for every complete $2 of the total annual income of the beneficiary and the spouse of the beneficiary, including the amount of any benefit under Part I of this Act (other than an increase under section 69 of this Act) granted to the spouse of the beneficiary, in excess of $1,378 a year: |
Provided that the rates specified in paragraphs (a) and (b) of this clause may, in the discretion of the Commission, be reduced by an amount not exceeding $65 a year in any case where the Commission is satisfied that the beneficiary is sharing household expenses with any other person:
Provided also that in computing for the purposes of this clause the income of any totally blind person, the Commission shall take no account of the personal earnings of that person.
| 2. Maximum amount from all sources where subsidy paid on earnings of blind invalid, in every case | $1,690 a year, increased, in the discretion of the Commission, by $65 a year where the beneficiary is an unmarried person. |
“SEVENTH SCHEDULE Rates of Miners’ Benefits and Miners’ Widows’ Benefits
Sections 49, 53
1.
| (a) To a married miner | $702 a year, increased by $702 a year in respect of his wife. |
| (b) In any other case | $767 a year. |
2.
| To a miner’s widow | $702 a year. |
3.
The rates specified in paragraph (b) of clause 1, and clause 2, of this Schedule may, in the discretion of the Commission, be reduced by an amount not exceeding $65 a year in any case where the Commission is satisfied that the beneficiary is sharing household expenses with any other person.
“EIGHTH SCHEDULE Rates of Sickness Benefits
Section 55
1.
| (a) To an unmarried beneficiary under the age of 20 years without dependants | $11.75 a week, diminished by 10c for every complete 10c of the weekly income of the beneficiary in excess of $13 a week. |
| (b) To any other unmarried beneficiary | $14.75 a week, diminished by 10c for every complete 10c of the weekly income of the beneficiary in excess of $13 a week. |
| (c) To a married male beneficiary | $13.50 a week, increased by $13.50 a week in respect of his wife, the total rate to be diminished by 10c for every complete 10c of the total weekly income of the beneficiary and his wife in excess of $13 a week. |
| (d) To a married female beneficiary | $13.50 a week, diminished by 10c for every complete 10c of the total weekly income of the beneficiary and her husband (including the amount of any benefit under Part I of this Act received by the husband) in excess of $26.50 a week. |
Provided that the rates specified in paragraphs (a) and (b) of this clause may, in the discretion of the Commission, be reduced by an amount not exceeding $1.25 a week in any case where the Commission is satisfied that the beneficiary is sharing household expenses with any other person.
2.
| Maximum increase in respect of a housekeeper | $12.25 a week. |
“NINTH SCHEDULE Maximum Rates of Unemployment Benefits
Section 59
1.
| (a) To an unmarried beneficiary under the age of 20 years without dependants | $11.75 a week. |
| (b) To any other unmarried beneficiary | $14.75 a week. |
| (c) To a married male beneficiary | $13.50 a week, increased by $13.50 a week in respect of his wife. |
| (d) To a married female beneficiary | $13.50 a week: |
Provided that the rates specified in paragraphs (a) and (b) of this clause may, in the discretion of the Commission, be reduced by an amount not exceeding $1.25 a week in any case where the Commission is satisfied that the beneficiary is sharing household expenses with any other person.
2.
| Maximum increase in respect of housekeeper | $12.25 a week. |
“TENTH SCHEDULE Special Income Exemption in Respect of Sick Benefits From Friendly or Like Society (Age, Invalids’, Widows’, and Sickness Benefits Only)
Section 66
| Maximum rate | $2 a week in the case of a sickness benefit, and $104 a year in any other case. |
“TWELFTH SCHEDULE Maximum Increase in Rate of Benefit Payable to Parent of Deceased Member of Forces or Mercantile Marine
Section 69
| Maximum rate | $1 a week. |
“FOURTEENTH SCHEDULE Maximum Rates of Family Maintenance Allowances
Section 61a
| 1. To any person receiving an emergency benefit payable otherwise than by weekly instalments, or an age or invalid’s benefit— | |
| (a) At the rate payable to an unmarried beneficiary— | |
| (i) On account of first or only dependent child | $624 a year. |
| (ii) On account of each additional dependent child after the first | $78 a year. |
| (b) At the rate payable to a married beneficiary— | |
| (i) On account of first or only dependent child | $104 a year. |
| (ii) On account of each additional dependent child after the first | $78 a year. |
| 2. To any person receiving an emergency benefit payable by weekly instalments, or a sickness or unemployment benefit— | |
| (a) At the rate payable to an unmarried beneficiary— | |
| (i) On account of first or only dependent child | $12 a week. |
| (ii) On account of each additional dependent child after the first | $1.50 a week. |
| (b) At the rate payable to a married beneficiary— | |
| (i) On account of first or only dependent child | $2 a week. |
| (ii) On account of each additional dependent child after the first | $1.50 a week. |
“FIFTEENTH SCHEDULE Maximum Rates of Rehabilitation Allowances
Section 124(4)
1.
| (a) To any unmarried disabled person under the age of 20 years, without dependants | $6 a week. |
| (b) To any other disabled person | $8 a week. |
2.
If a disabled person is in receipt of a benefit under Part I of this Act or if his or her spouse (if any) is in receipt of such a benefit, the maximum amount that may be received by the disabled person and his or her spouse (if any) from all sources (including a rehabilitation allowance and any such benefit) shall not exceed—
| (a) In the case of any unmarried disabled person under the age of 20 years, without dependants | $25.75 a week. |
| (b) In the case of any other unmarried disabled person | $27.75 a week. |
| (c) In the case of a married disabled person | $40 a week. |
Provided that the amounts specified in this clause may be increased by the amount of any mother’s allowance or family maintenance allowance being paid to the disabled person.”
This Act is administered in the Social Security Department.