Social Security Regulations ^NZ

These regulations (other than regulations 77, 78, and 147(d)) come into force on 26 November 2018.

Regulations 77, 78, and 147(d) come into force on the commencement of sections 165 and 168 of the Act.

In these regulations, unless the context otherwise requires,—

In these regulations, unless the context otherwise requires, terms used and not defined, but listed in Schedule 2 of the Act, have the meanings given to them (for the relevant provisions or purposes of the Act) by the definitions set out, or referred to, in Schedule 2 of the Act.

This regulation applies to a person (P) who—

1. leaves New Zealand while in receipt of a benefit; and
2. returns to take up ordinary residence in New Zealand within 5 years; and
3. later applies for a benefit of the same class.

P is not required to comply with the residential requirement applicable in the case of an original application for a benefit of that class.

This regulation applies to a person (P) who was employed outside New Zealand if, with respect to P’s period of employment, P’s employer (or any other relevant person) makes—

1. PAYE income payments (as that term is used in the Income Tax Act 2007) from which P, P’s employer, or any other relevant person must withhold an amount of tax under the PAYE rules as defined in that Act:
2. source deduction payments,—
   1. as that term is used in the Income Tax Act 2004, from which P, P’s employer, or any other relevant person must withhold an amount of tax under the PAYE rules as defined in that Act:
   2. as that term is used in the Income Tax Act 1994, from which P, P’s employer, or any other relevant person must make a tax deduction under the PAYE rules as defined in that Act:
   3. as that term is used in the Income Tax Act 1976, from which P, P’s employer, or any other relevant person must make a tax deduction under Part 11 of that Act:
   4. as that term is used in the Income Tax Assessment Act 1957, from which P, P’s employer, or any other relevant person must make a tax deduction under Part 2 of that Act.

This regulation applies in respect of a period of employment, whether or not P’s employer (or any other relevant person) failed to pay an amount of tax deducted or withheld to the Commissioner of Inland Revenue, if MSD is satisfied that—

1. P’s employer (or any other relevant person) deducted or withheld tax from payments made under subclause (1); and
2. P did not contribute to the employer’s (or any other relevant person’s) failure to pay that tax to the Commissioner.

For the purposes of satisfying the residential requirement for any benefit after the return to New Zealand, on or after 23 June 1987, of P or the spouse or partner or any child of P,—

1. P must be treated as being resident and present in New Zealand during the period to which this regulation applies:
2. if the spouse or partner or any child of P was with P during that period or any part of it, the spouse or partner or child must be treated as being resident and present in New Zealand during that period or that part of it, as the case may be:
3. any child of P born outside New Zealand during that period must be treated as having been born in New Zealand.

Nothing in subclause (3) may be construed to derogate from section 219 of the Act, or any regulations referred to in that section.

A person to whom this regulation applies is taken to meet the residential requirement for a benefit.

This regulation applies to a person who, on or after 3 June 2019,—

1. is not a New Zealand citizen, but holds a residence class visa that is a Christchurch response visa under the Immigration Act 2009; and
2. is ordinarily resident in New Zealand when the person first applies for the benefit; and
3. has not resided continuously in New Zealand for a period of at least 2 years at any one time after becoming a resident.

This regulation also applies to a person who, on or after 3 June 2019,—

1. is a New Zealand citizen or holds a residence class visa (other than a Christchurch response visa) under the Immigration Act 2009; and
2. would have been eligible for a Christchurch response visa if the person was not a New Zealand citizen or did not hold a residence class visa (other than a Christchurch response visa) under the Immigration Act 2009; and
3. is ordinarily resident in New Zealand when the person first applies for the benefit; and
4. has not resided continuously in New Zealand for a period of at least 2 years at any one time after becoming a citizen or resident.

In this regulation, Christchurch response visa means a permanent resident visa of a kind described in the following immigration instructions:

1. RV2.16 (Permanent resident visas for residents affected by terrorist attacks on 15 March 2019); and
2. S4.30 (Christchurch Response (2019) Category).

In this regulation, immigration instructions has the same meaning as in section 4 of the Immigration Act 2009, and a reference in subclause (4) to a specified immigration instruction—

1. is one to it as at 3 June 2019 and as published by the chief executive of the department responsible for the administration of that Act; and
2. includes a reference to any later immigration instruction that, with or without modification, replaces, or that corresponds to, it.

A health practitioner who is any of the following, acting within their scope of practice, is prescribed for the purposes of section 37 of the Act:

1. a medical practitioner:
2. a psychologist:
3. a nurse practitioner.

A health practitioner who is either of the following, acting within their scope of practice, is prescribed for the purposes of section 41 of the Act:

1. a medical practitioner:
2. a nurse practitioner.

A health practitioner who is either of the following, acting within their scope of practice, is prescribed for the purposes of section 42 of the Act:

1. a medical practitioner:
2. a nurse practitioner.

A young person meets the criteria for the payment of a parenting education incentive payment (for the purpose of sections 55 and 62 of the Act) if—

1. the young person is receiving a young parent payment; and
2. the young person has, since starting to receive a youth support payment, completed 3 continuous months’ regular engagement with the person’s contracted service provider or, as the case requires, MSD; and
3. the service provider has confirmed to MSD, or, as the case requires, MSD is satisfied, that the young person has complied with paragraph (b); and
4. the young person has participated in and completed a parenting education programme approved by MSD for the purposes of section 164(1)(a) of the Act; and
5. each of the young person’s dependent children is enrolled with a primary health organisation; and
6. each of the young person’s dependent children aged 5 years or below is up to date with checks under the WellChild programme or any similar programme established in its place; and
7. each of the young person’s dependent children aged 5 years or below attends an approved early childhood education programme or is placed in other suitable childcare during any time that the young person spends in education, training, work-based learning, or part-time work.

If a young person is unable to comply with the requirements of any of paragraphs (d) to (g) of subclause (1) because of the unavailability of the programme, service, or enrolment in question, the young person must be treated as complying if the young person takes steps agreed with the young person’s contracted service provider or, as the case requires, with MSD in preparation for the availability of the programme, service, or enrolment (for example, enrolling on a waiting list).

The assets requirement, for the purposes of section 65(1)(b) of the Act, is that a person’s cash assets must not exceed—

1. $16,200, in the case of—
   1. a person who is in a relationship; or
   2. a single person who has a dependent child or children:
2. $8,100, in any other case.

This regulation is subject to section 69(2), (2A), and (2B) of the Act.

Under section 69(2) of the Act, for the purposes of the assets requirement in this regulation and of section 69 of the Act, the assets of an applicant for an accommodation supplement (A) include the assets of A’s spouse or partner (if any).

Under section 69(2A) of the Act, section 69(2) of the Act applies, without limitation, even if—

1. A is a community spouse or partner (as defined in Schedule 2 of the Act); and
2. A’s spouse or partner is receiving long-term residential care in a hospital or rest home.

Under section 69(2B) of the Act, section 69(2) of the Act does not limit section 67(c) of the Act, under which a person (P, who may, or may not, be A’s spouse or partner) is ineligible for an accommodation supplement if P is a resident assessed as requiring care in respect of whom a funder is paying some or all of the cost of contracted care services under section 54, 55, 56, 57, or 58 of the Residential Care and Disability Support Services Act 2018.

Subclauses (3) to (5) are by way of explanation only. They do not affect the provisions specified in them.

In this regulation,—

The base rate is as follows:

Beneficiaries who are single

1. for a single beneficiary under the age of 25 years, the maximum weekly rate of a benefit that the beneficiary would have been entitled to receive, before any abatement or deduction, if the beneficiary had attained the age of 25 years:
2. for a single beneficiary with 1 or more dependent children,—
   1. the maximum weekly rate of a benefit that the beneficiary is entitled to receive, before any abatement or deduction; plus
   2. the maximum annual rate of family tax credit (divided by 52) that is payable in respect of an eldest dependent child who is under 16 years old under subparts MA to MF and MZ of the Income Tax Act 2007:
3. for any other single beneficiary, the maximum weekly rate of a benefit that the beneficiary would be entitled to receive before any abatement or deduction:

Beneficiaries who are in relationship

4. for a beneficiary who is in a relationship and is not a beneficiary to whom paragraph (e) or (ea) applies,—
   1. the maximum weekly rate of a benefit that the beneficiary is entitled to receive, before any abatement or deduction; plus
   2. if the beneficiary has 1 or more dependent children, the maximum annual rate of family tax credit (divided by 52) that is paid in respect of an eldest dependent child who is under 16 years (if any) under subparts MA to MF and MZ of the Income Tax Act 2007; plus
   3. the maximum weekly rate of a benefit paid in respect of the beneficiary’s spouse or partner:
5. for a beneficiary who is in a relationship and whose spouse or partner is not entitled to an accommodation supplement under section 230 of the Act, the rate specified in paragraph (d) as if a rate of a benefit were paid in respect of that spouse or partner:
6. for a beneficiary who is a community spouse or partner (as defined in Schedule 2 of the Act), the base rate that would apply to them under paragraph (a), (b), or (c) if they were single (and their other circumstances were unchanged):

Non-beneficiaries who are single

6. for a single non-beneficiary with 1 or more dependent children,—
   1. the appropriate maximum weekly rate of jobseeker support; plus
   2. the annual rate of family tax credit (divided by 52) that is payable in respect of an eldest dependent child who is under 16 years under subparts MA to MF and MZ of the Income Tax Act 2007:
7. for any other single non-beneficiary, the weekly rate of jobseeker support at the rate in clause 1(d) of Part 1 of Schedule 4 of the Act before any abatement or deduction:

Non-beneficiaries who are in relationship

8. for a non-beneficiary who is in a relationship and is not a non-beneficiary to whom paragraph (i) applies,—
   1. the appropriate maximum weekly rate of jobseeker support; plus
   2. if the beneficiary has 1 or more dependent children, the maximum annual rate of family tax credit (divided by 52) that is payable in respect of an eldest dependent child who is under 16 years under subparts MA to MF and MZ of the Income Tax Act 2007; plus
   3. the maximum weekly rate of jobseeker support that would have been payable in respect of the beneficiary’s spouse or partner:
9. for a non-beneficiary who is a community spouse or partner (as defined in Schedule 2 of the Act), the base rate that would apply to them under paragraph (f) or (g) if they were single (and their other circumstances were unchanged).

This regulation applies to the amount of accommodation supplement assessed—

1. under subpart 10 of Part 2 and Part 7 of Schedule 4 of the Act and these regulations; and
2. for a non-beneficiary (as defined in regulation 17).

That amount must be reduced by 25 cents for every $1 of the relevant weekly income (see subclause (2A)) in excess of the income level specified in subclause (3).

The relevant weekly income mentioned in subclause (2) is,—

1. if the applicant is not a community spouse or partner (as defined in Schedule 2 of the Act), the combined weekly income of—
   1. the applicant; and
   2. any spouse or partner of the applicant; and
2. if the applicant is a community spouse or partner (as so defined), the weekly income of the applicant alone (disregarding any income of the applicant’s spouse or partner who is receiving long-term residential care in a hospital or rest home).

The income level mentioned in subclause (2) is the amount of income that would prevent payment of jobseeker support,—

1. for a single applicant without dependent children, at the maximum rate in clause 1(d) of Part 1 of Schedule 4 of the Act; or
2. for a sole parent, at the appropriate maximum rate in clause 1(e) or (f) of Part 1 of Schedule 4 of the Act as if Income Test 3 applied to that rate instead of Income Test 1; or
3. for any other applicant, at the appropriate maximum rate in Part 1 of Schedule 4 of the Act.

This regulation applies to every accommodation supplement assessed under subpart 10 of Part 2 and Part 7 of Schedule 4 of the Act and these regulations.

The accommodation supplement must be rounded up to the complete dollar.

In regulations 20 to 48, unless the context otherwise requires,—

For the purposes of the definition of approved early childhood education programme, the provider of the programme charges a uniform monetary fee for children to participate in the programme even if, in the case of families with 2 or more children, it charges for a second or further child a uniform fee that is less than the uniform fee charged for a first or an only child.

The hourly rate of childcare assistance paid in respect of a child’s participation in an approved early childhood education programme or OSCAR programme must be—

1. no more than the actual hourly fee payable (or, if subclause (3) applies, the averaged hourly fee payable) for that participation; or
2. if regulation 28 applies, the higher of the fee charged for keeping open the child’s place in the programme and the hourly fee calculated under paragraph (a).

For the purposes of subclause (1), the actual hourly fee payable for a child’s participation in a programme does not include any payment made by a person other than the applicant towards the fee payable in respect of that child’s participation in the programme.

If a periodic flat fee is payable for a child’s participation in a programme, or for keeping open a child’s place in a programme, the averaged hourly fee payable for the purposes of subclause (1) is the amount obtained by—

1. subtracting from that flat fee any payment made by a person other than the applicant towards the flat fee; and
2. dividing the amount calculated under paragraph (a) by the number of hours during the period concerned for which the child is enrolled to participate in the programme.

This regulation is subject to regulation 23.

Childcare assistance may continue to be paid for the period set out in subclauses (2) and (3) during a child’s absence from an early childhood education programme or OSCAR programme—

1. if the absence is due to COVID-19 requirements, and whether or not the programme charges a fee for holding open the places of children who are absent; or
2. if the absence is due to the child’s medical condition, or is due to any other reason, and the programme charges a fee for holding open the places of children who are absent.

The period is calculated as—

1. commencing on the first day of the child’s absence from the programme; and
2. including only the time during the absence when the programme is available.

The period must not exceed—

1. the weeks of the absence, if the absence is due to COVID-19 requirements; or
1. 6 weeks, if the absence is due to the child’s medical condition; or
2. 3 weeks, if the absence is due to any other reason.

In this regulation,—

A childcare subsidy may be paid for a child only if the child is a dependent child—

1. who is no older than 5 years and 28 days, and is not yet attending school; or
2. who is 5 years old, whose parent, principal caregiver, temporary OB or UCB caregiver, or guardian intends to enrol the child in a school that has a cohort entry policy in place, and who (under section 64(2) of the Education and Training Act 2020) may be enrolled in that school not earlier than the child’s fifth birthday on a date that is a term start date or a mid-term start date; or
3. who is under 6 years old, and for whom a child disability allowance is payable.

Eligibility under subclause (1)(b) ends on the first term start date or mid-term start date to occur on or after the child’s fifth birthday.

In this regulation, mid-term start date and term start date have the meanings given in section 5B of the Education Act 1989.

A childcare subsidy for an eligible child’s participation in approved early childhood education programmes is payable for periods of a total of up to 50 hours a week if the child is participating in (or will participate in) 1 or more approved early childhood education programmes for a total of 3 or more hours a week, and—

1. subclause (2) applies to the child, and either subclause (3) or (4) applies to each of those periods; or
2. a child disability allowance is payable for the child; or
3. the child’s principal caregiver is also the principal caregiver or temporary OB or UCB caregiver of some other child, who is either in hospital or is a child for whom a child disability allowance is payable; or
4. the child’s temporary OB or UCB caregiver is also the principal caregiver or temporary OB or UCB caregiver of some other child, who is either in hospital or is a child for whom a child disability allowance is payable.

This subclause applies to a child if at least 1 of the following applies:

1. the child has no other caregiver:
2. the child’s other caregiver is engaged in an approved activity:
3. the child’s other caregiver is not engaged in an approved activity, but MSD is satisfied that for some good reason the other caregiver cannot care for the child.

This subclause applies to a period if, during that period,—

1. the child is participating in an approved early childhood education programme; and
2. the child’s principal caregiver or temporary OB or UCB caregiver is engaged in an approved activity or travelling between the place where the programme is provided and the place where the activity is engaged in.

This subclause applies to a period if the child’s principal caregiver or temporary OB or UCB caregiver is engaged in shift employment and (whether the child is participating in an approved early childhood education programme then, or participates in such a programme at other times when the caregiver usually sleeps), during that period, the child’s principal caregiver or temporary OB or UCB caregiver—

1. is undertaking that employment; or
2. is travelling between the place where that employment is engaged in and—
   1. an approved early childhood education programme that the child is participating in; or
   2. the caregiver’s home.

A childcare subsidy is payable to a person at the appropriate rate stated in Schedule 2.

Subclause (1) is subject to regulation 24 (which provides that the hourly rate of childcare assistance paid in respect of a child’s participation in an approved early childhood education programme must be no more than the actual hourly fee payable).

A childcare subsidy in respect of an approved early childhood education programme must be paid to—

1. the service providing the programme; or
2. the service that arranged the scheme under which the programme is provided.

Subclause (1) does not prevent MSD from paying a lump sum of childcare subsidy directly to a child’s principal caregiver or temporary OB or UCB caregiver if—

1. the sum represents an underpayment of the amounts that should have been paid to a provider of a licensed home-based education and care service in respect of the child’s participation in that service; and
2. the caregiver has already paid to the service or arranger the amount of the underpayment.

An OSCAR subsidy for an eligible child’s participation in OSCAR programmes is payable for periods of a total of up to 20 hours a week during the school term, or up to 50 hours a week during the school holidays, if, and only if,—

1. subclause (2) applies to the child, and either subclause (3) or (4) applies to each of those periods; or
2. a child disability allowance is payable for the child; or
3. the child’s principal caregiver is also the principal caregiver or temporary OB or UCB caregiver of some other child, who is either in hospital or is a child for whom a child disability allowance is payable; or
4. the child’s temporary OB or UCB caregiver is also the principal caregiver or temporary OB or UCB caregiver of some other child, who is either in hospital or is a child for whom a child disability allowance is payable.

This subclause applies to a child if at least 1 of the following applies:

1. the child has no other caregiver:
2. the child’s other caregiver is engaged in an approved activity:
3. the child’s other caregiver is not engaged in an approved activity, but MSD is satisfied that for some good reason the other caregiver cannot care for the child.

This subclause applies to a period if, during that period,—

1. the child is participating in an OSCAR programme; and
2. the child’s principal caregiver or temporary OB or UCB caregiver is engaged in an approved activity or travelling between the place where the programme is participated in and the place where the activity is engaged in.

This subclause applies to a period if the child’s principal caregiver or temporary OB or UCB caregiver is engaged in shift employment and (whether the child is participating in an OSCAR programme then, or participates in such a programme at other times when the caregiver usually sleeps), during that period, the child’s principal caregiver or temporary OB or UCB caregiver—

1. is undertaking that employment; or
2. is travelling between the place where that employment is engaged in and—
   1. a place where the child is participating in an OSCAR programme; or
   2. the caregiver’s home.

MSD, if satisfied, in the light of the matters stated in regulation 47, that an out-of-school programme or proposed out-of-school programme is or will be properly run, may, by written notice to the provider, approve it for the purposes of this Part.

An approval—

1. may be unconditional or subject to conditions stated in the notice; and
2. may be for an indefinite period or for a period stated in the notice.

A payment of childcare assistance that is an overpayment (within the meaning of regulation 206(f)) is—

1. a debt due to the Crown for the purposes of section 353(a) of the Act from the applicant; and
2. subject to recovery under section 362(1) (MSD’s duty to recover debts) of the Act from the applicant.

If, because a child has ceased to be enrolled or has been absent from an approved early childhood education programme or an OSCAR programme, childcare assistance has been paid to a service in excess of the amount that the service was entitled to be paid, MSD may recover the amount of the excess by making 1 or more deductions from any other amount or amounts payable to the service under these regulations.

This regulation specifies a special category of eligibility for the purposes of section 85(1)(b) of the Act.

MSD may grant a disability allowance to a person who would otherwise be eligible for it but—

1. whose life expectancy is less than 6 months; or
2. in respect of whom it is not possible to determine whether the disability is likely to continue for at least 6 months but that is a reasonably possible prognosis.

This regulation specifies a special category of eligibility for the purposes of section 85(1)(b) and (3) of the Act.

This regulation applies if a person whose application for a disability allowance has been declined only on the ground that the disability is likely to last less than 6 months later satisfies MSD that—

1. the disability is likely to last, or has continued, for 6 months or more; and
2. the person would otherwise have been eligible to receive a disability allowance from the date of the original application.

MSD must grant a disability allowance to the person commencing on the date of the original application.

This regulation applies if, due to 1 or both of the following, there is uncertainty about whether a funeral grant is payable under section 90 of the Act:

1. a deceased person’s estate (including, without limitation, any assets of any person from which the deceased person’s funeral expenses are under section 91 or 93 of the Act to be paid) is yet to be determined:
2. the income of a person whose income is to be tested under section 91 or 93 of the Act has not yet been determined.

MSD may pay a funeral grant on the condition that the whole or part of it will be repaid if it is later established that there was no eligibility for all or any part of that payment.

A funeral grant payment to be repaid under subclause (2), because it is later established that there was no eligibility for all or any part of that payment, is—

1. a debt due to the Crown for the purposes of section 353(a) of the Act from the person to whom the funeral grant payment was made; and
2. subject to recovery under section 362(1) (MSD’s duty to recover debts) of the Act.

A person may apply for temporary additional support—

1. whether or not the person is receiving any other benefit, pension, or allowance under the Act, the New Zealand Superannuation and Retirement Income Act 2001, or the Veterans’ Support Act 2014; but
2. only if the person is not, under regulation 59, ineligible for that support.

However, if a person (A) is, under regulation 59(2), ineligible for temporary additional support because a member of A’s family (B) has been granted it, temporary additional support granted to B may be reviewed to ensure that B’s allowable costs and chargeable income include A’s allowable costs and (if applicable) chargeable income.

A child who is a dependent child or a child in respect of whom an orphan’s benefit or an unsupported child’s benefit is being paid is ineligible for temporary additional support; but neither of the following is ineligible to be granted temporary additional support in respect of the child:

1. the child’s principal caregiver or temporary OB or UCB caregiver; and
2. a spouse or partner of the child’s principal caregiver or temporary OB or UCB caregiver.

A person is ineligible for temporary additional support if a member of the person’s family has applied for and been granted temporary additional support.

All of the following are also ineligible for temporary additional support:

1. a person who is 15 years old or younger:
2. a person to whom section 230(1) of the Act applies:
3. a person to whom a special benefit continues to be payable under section 23 of the Social Security (Working for Families) Amendment Act 2004 (as saved by clause 19 of Schedule 1 of the Act) and that person’s spouse or partner:
4. a person who is a full-time student unless—
   1. the person is a beneficiary; or
   2. the person, or the person’s spouse or partner, is the principal caregiver or temporary OB or UCB caregiver of 1 or more dependent children; or
   3. the person, or a member of the person’s family, has disability costs (as defined in regulation 57)—
      1. in respect of which a disability allowance under section 85 of the Act has been granted; but
      2. that are in excess of the maximum amount of a disability allowance under section 85 of the Act:
5. a person whose cash assets together with the cash assets of the person’s spouse or partner (if any) exceed in value,—
   1. for a single person, the amount in clause 1 of Schedule 5 of the Act; or
   2. for a person who is in a relationship, or a sole parent, the amount in clause 2 of Schedule 5 of the Act.

For the purposes of this subpart and section 96(1)(b) of the Act, and the interpretation of cash assets in section 98 of the Act, cash assets, in relation to a person, means—

1. the person’s cash; and
2. the other assets of the person that can be converted readily into cash.

In particular, cash assets includes all of the following:

1. shares, stocks, debentures, bonus bonds, and other bonds; and
2. bank accounts, including fixed and term deposits with any bank, friendly society, credit union, or building society; and
3. money invested with or lent to any bank or other financial institution or other person, whether on mortgage or other security or unsecured; and
4. the net equity held in property or land not used as the person’s home; and
5. building society shares; and
6. bills of exchange or promissory notes; and
7. the person’s share in any partnership.

However, cash assets does not include any of the following:

1. if the person is single, the motor vehicle or other vehicle required by the person for the person’s personal use; or
2. if the person is in a relationship, the motor vehicles or other vehicles (not exceeding 2 in total) required by the person and the person’s spouse or partner for their personal use; or
3. a caravan, boat, or other vehicle—
   1. in which the net equity is less than $2,000; or
   2. that is used by the person or a member of the person’s family for day-to-day accommodation; or
4. the personal effects of the person; or
5. any specified item, amount, or kind of cash assets exempted from the definition in this regulation by clause 2 of Schedule 8.

Subclause (2) does not limit the generality of subclause (1); but subclause (3) overrides subclauses (1) and (2).

Temporary additional support may be granted to an applicant for that support only if an application form for the purpose is completed in writing by or on behalf of the applicant.

The form must be provided by MSD (see regulations 166 and 172).

The form must, when completed (see regulation 172(e)), set out the information required to allow—

1. the applicant’s eligibility for temporary additional support to be assessed; and
2. the rate of any temporary additional support payable to the applicant to be determined.

The amount of temporary additional support that may be granted per week is the sum of—

1. the lesser of the deficiency and the upper limit (see subclause (3) or regulation 63, whichever is applicable); and
2. the disability exception amount (if that amount is available to the applicant under regulation 64).

The deficiency is the amount (if any) by which the applicant’s standard costs exceed the applicant’s disposable income (as those terms are defined in regulation 57), but—

1. is nil if the applicant’s disposable income exceeds the applicant’s standard costs; and
2. if the applicant’s disposable income is a negative amount, is the sum of that income (expressed as a positive amount) and the applicant’s standard costs.

The upper limit is 30% of the total before abatement on account of income or other deduction of the net rate per week—

1. of the 1 or more specified benefits payable to the applicant and the applicant’s spouse or partner (if any); or
2. if the applicant and the applicant’s spouse or partner (if any) are non-beneficiaries, of the benefit that would be payable to the applicant or them if jobseeker support were payable to the applicant or them.

Subclause (2) applies, instead of regulation 62(3), when calculating under regulation 62(1) the amount of temporary additional support that may be granted per week to a person who MSD is satisfied is—

1. a person of the kind referred to in section 205(1)(a) of the Act (a person lawfully present in New Zealand awaiting the outcome of the person’s claim for recognition as a refugee or a protected person in New Zealand); or
2. a person referred to in section 205(1)(b) of the Act (a person who is recognised as a refugee or a protected person in New Zealand); or
3. a person referred to in section 205(1)(c) of the Act (a person applying for a residence class visa under the Immigration Act 2009 who is compelled to remain in New Zealand through unforeseen circumstances).

The upper limit is the higher of—

1. the appropriate maximum rate of accommodation supplement that would be applicable if section 19(1) of the Act did not prohibit the person receiving a benefit; and
2. the upper limit in regulation 62(3).

The disability exception amount is available to the applicant only if—

1. the deficiency exceeds the upper limit; and
2. the applicant’s allowable costs include an excess disability costs total.

The disability exception amount is,—

1. if the applicable excess costs are $100 or less, the amount of the applicable excess costs; or
2. if the applicable excess costs are greater than $100, $100 plus 30% of the balance of the applicable excess costs greater than $100.

In this subpart,—

The amount of temporary additional support that may be granted per week—

1. is 50% of the weekly rate under regulation 62(1) if temporary additional support is granted to the spouse or partner of a person who is ineligible to be granted temporary additional support under regulation 59(3)(b) or (d); and
2. is nil if the result of the calculation under regulation 62(1) or, as the case may be, paragraph (a), is less than $1 a week.

Subclause (1)(b) overrides subclause (1)(a).

This regulation overrides regulations 62 to 65.

The prescribed period referred to in section 96(3) of the Act is—

1. the exceptional circumstances longer fixed period (as defined by subclause (1B)), if subclause (1A) applies to the applicant; and
1. the shorter fixed period (as defined by subclause (3)), if subclause (2) applies to the applicant; and
2. 13 weeks after temporary additional support commences (the standard period), in all other cases.

This subclause applies to the applicant if, when temporary additional support is granted, MSD considers that, because of exceptional circumstances, on a date (the non-qualification date) after (rather than before, or at) the end of the standard period—

1. the deficiency will reduce to nil; or
2. the applicant will for any reason be ineligible for temporary additional support; or
3. temporary additional support will for any reason not be payable to the applicant.

The exceptional circumstances longer fixed period means a period that is fixed by MSD, but that must—

1. start at the same time as, but be longer than, the standard period; and
2. end on or after the close of the day before the non-qualification date.

In this regulation, exceptional circumstances includes, without limitation, any of the following:

1. a state of local emergency or state of national emergency in force under Part 4 of the Civil Defence Emergency Management Act 2002:
2. effects of an outbreak of a quarantinable disease in respect of which an epidemic notice has been given, and is in force, under section 5(1) of the Epidemic Preparedness Act 2006.

This subclause applies to the applicant if, when temporary additional support is granted, MSD considers that, on a date (the non-qualification date) before the end of the standard period,—

1. the deficiency will reduce to nil; or
2. the applicant will for any reason be ineligible for temporary additional support; or
3. temporary additional support will for any reason not be payable to the applicant.

The shorter fixed period means a period that is fixed by MSD, but that must—

1. start at the same time as, but be shorter than, the standard period; and
2. end on or after the close of the day before the non-qualification date.

No payment of temporary additional support may be made by way of a lump sum payment.

Subclause (1) does not apply to any lump sum payment of arrears of temporary additional support made to a person on or after 18 August 2017.

For the purpose of this subclause, subclause (2), and the tables in Parts 2 and 3 of Schedule 8,—

For the purposes of this subpart and of section 98 of the Act, chargeable income, in relation to a person, includes the weekly total of all of the items in subclause (3), after deducting the amount (if any) MSD estimates or determines is payable (where applicable) for income tax, for ACC earner levies, or for both, on any of those items.

A reference in this subpart to a person includes a reference to the person’s spouse or partner.

The items referred to in subclause (1) are (subject to regulation 70)—

1. the net rate of any benefit payable to the person under the Act (other than an orphan’s benefit, an unsupported child’s benefit, a winter energy payment, or any childcare assistance):
2. the amount of any credit of tax under subparts MA to MG and MZ of the Income Tax Act 2007 that is—
   1. paid to the person by instalments in accordance with sections 80KI to 80KU of the Tax Administration Act 1994; or
   2. not paid by instalments but is one to which, in MSD’s opinion, the person is entitled under that subpart:
3. any parental leave payment payable to the person under Part 7A of the Parental Leave and Employment Protection Act 1987:
4. any pension or allowance payable under the Veterans’ Support Act 2014:
5. the rate of any New Zealand superannuation payable to the person under the New Zealand Superannuation and Retirement Income Act 2001 or any veteran’s pension payable to the person under the Veterans’ Support Act 2014:
6. income as defined in Part 2 of Schedule 3 of the Act (including, without limitation, a payment that is weekly income under clauses 3 and 8 and Part 3A of Schedule 3 of the Act because it is an information share child support payment):
7. a child support excess payment, which includes, without limitation, a mixed child support payment (see clause 8(na) of Schedule 3 of the Act):
7. the amount of any periodical payments (for example, those included by subclause (4)(a))—
   1. of special assistance payable to the person under section 101(1) of the Act under any welfare programme; and
   2. that, in the opinion of MSD, are for the purpose of replacing lost income or maintaining or supplementing the person’s income and not for the purposes of paying or reimbursing specified costs of the person:
8. [Revoked]
9. the amount of any accommodation benefit, basic grant, or independent circumstances grant payable to the person under the Student Allowances Regulations 1998:
10. the living-costs component of any student loan payable to the person.

Payments under subclause (3)(g)—

1. include, without limitation, any payments payable to the person under the Telephone Costs Payment Programme established and approved by the Minister under section 124(1)(d) of the Social Security Act 1964 (and continued under clause 21 of Schedule 1 of the Act); but
2. do not include any payments for childcare assistance or any payments made under any of the programmes specified in subclause (5).

The programmes referred to in subclause (4)(b) (and approved and established under section 101(1) of the Act or, as the case requires, continued under clause 21 of Schedule 1 of the Act) are—

1. the Away from Home Allowance Programme:
2. the Home Help Programme:
3. the Social Rehabilitation Assistance Programme:
4. the Special Transfer Allowance Programme 2000:
5. [Revoked]
6. the Families Package (Transitional Assistance) Programme:
7. the Employment Readiness and Work Assistance Programme:
8. the Income Support Package (Transitional Assistance) Programme:
9. the Abatement Threshold Increase (Transitional Assistance) Programme 2021:
10. the Benefit Rate Increase (Transitional Assistance) Programme 2021:
11. the Severe Weather Events TAA Programme.

In calculating the amount of a person’s chargeable income, MSD must disregard any deduction or reduction of the amount of any item of that income made or imposed by or under any statutory power, or under any deduction notice or attachment order or otherwise, on account of any debt, liability, sanction, penalty, child support payment, or student loan repayment.

Subclause (6) overrides subclauses (1) to (5).

For the purposes of this subpart and of section 98 of the Act, allowable costs—

1. means the regular essential expenses (as defined in subclause (2)) (if any) of the applicant and the applicant’s family reckoned on a weekly basis; and therefore
2. does not include an expense that is not an essential expense (as so defined).

In subclause (1), essential expense means an expense of a kind, and within the relevant limits (if any), specified in subclause (3), and that (unless the expense is one referred to in subclause (3)(b), (c), (e)(i), (h), or (i) and is in respect of an item acquired in accordance with subclause (4)), in MSD’s opinion,—

1. is essential for a person to pay or incur in order to meet the daily living needs of the person, of members of the person’s family, or of both; and
2. could not, when the expense or the liability for the expense was incurred, readily be avoided or varied.

The kinds of expenses and limits referred to in subclause (2) are as follows:

1. the person’s accommodation costs (as defined in subclause (5)) less $30.94:
   2. agreed period payments (as defined in subclause (6)), not exceeding the maximum weekly amount in column 3 of the following table, and made in connection with the acquisition of any of the items in column 1 of that table (within the maximum number of those items in column 2 of that table):

   ↘	↓	↓	↓	↓	↓
   →	Column 1		Column 2		Column 3
   →	Essential household item		Maximum number of items		Maximum weekly amount ($)
   →	Beds (including mattresses)				36.44
   →	Combined refrigerator-freezer		1		28.83
   →	or		or		or
   →	Separate refrigerator and separate freezer		1 of each if separate items		28.83 in total if separate items
   →	Dining suite		1		36.44
   →	Lounge suite		1		36.44
   →	Portable heaters				19.72
   →	Washing machine		1		28.83
   →	Stove		1		28.83
   →	Television set		1		27.31

3. revolving credit payments (as defined in subclause (7)) for any of the items in column 1 of the table in paragraph (b) (being items acquired in accordance with subclause (4) and within the maximum numbers in column 2 of that table) and not exceeding (in terms of the rate of the payments, and either on a monthly or a weekly basis) the lesser of the maximum monthly payment (as defined in subclause (8)) and the maximum weekly payment in column 3 of that table:
4. costs for laundry or laundrette services, being costs incurred instead of regular payments for a washing machine or within a period during which the applicant could reasonably arrange to have repaired a washing machine available to the applicant, and not exceeding $28.83 per week:
5. disability costs (as defined in regulation 57),—
   1. including any disability costs that are payments to which subclause (9) or (10) applies; but
   2. excluding in all cases any costs of residential care services in respect of which temporary additional support must not be granted under section 96(2) of the Act:
6. for a person who is eligible for assistance under the Telephone Costs Payment Programme approved by the Minister under section 124(1)(d) of the Social Security Act 1964 (and continued under clause 21 of Schedule 1 of the Act), and if paragraph (m) of this subclause does not apply, the weekly amount of telephone rental costs (as defined in subclause (11)) that were, immediately before 1 April 1999,—
   1. claimed by the person; and
   2. treated by MSD as an additional expense under section 69C(2A)(a) of the Social Security Act 1964:
7. running costs, at a per kilometre rate set by MSD, for a motor vehicle where no suitable public transport is available for the purpose of transporting the applicant and the applicant’s spouse or partner to and from their places of employment and where the vehicle is essential for that purpose:
8. agreed period payments (as defined in subclause (6)) not exceeding $77.93 a week made in connection with the acquisition of a motor vehicle or other vehicle (for example, a bicycle)—
   1. for the applicant and the applicant’s spouse or partner (if any) (whether or not either or both of them are beneficiaries), where no suitable public transport is available for the relevant purpose and the vehicle is essential—
      1. for the purpose of transporting the applicant and the applicant’s spouse or partner to and from their places of employment; or
      2. for the purpose of transporting the applicant or a member of the applicant’s family who is chronically ill or has a disability; or
   2. for an applicant who is a beneficiary where—
      1. there is no public transport reasonably available to the applicant; and
      2. the contract or arrangement to acquire the vehicle was entered into before the applicant became a beneficiary:
9. revolving credit payments (as defined in subclause (7)) for a motor vehicle or other vehicle (for example, a bicycle) acquired in accordance with subclause (4) and where paragraph (h)(i) or (ii)(A) applies to the applicant and vehicle, and not exceeding (in terms of the rate of the payments, and either on a monthly or a weekly basis) the lesser of the maximum monthly payment (as defined in subclause (8)) and $77.93 per week:
10. the costs of public transport of the applicant and the applicant’s spouse or partner to and from their places of employment:
11. the net costs of essential childcare (that is, the gross costs of essential childcare, as defined in subclause (12), minus any childcare assistance payable under section 77 of the Act or by way of special assistance under section 101 of the Act):
12. essential expenses in respect of a child in the care of the applicant or the applicant’s spouse or partner for whom an orphan’s benefit or an unsupported child’s benefit is paid that are not able to be met from the total of that benefit and any disability allowance payable in respect of the child:
13. telephone rental costs (as defined in subclause (11)) for an applicant for whom, in the opinion of MSD, a telephone is a necessity—
    1. because of the applicant’s special family circumstances (for example, to enable an applicant living in a rural location to be contacted by the school that the applicant’s children attend); or
    2. to help to ensure the applicant’s personal safety or security (for example, a frail person living alone, or a separated person with a protection order against a spouse or partner); or
    3. because of the applicant’s employment conditions (for example, an electrical worker on call 24 hours per day):
14. any child support required to be paid by a person for the week concerned under a formula assessment under the Child Support Act 1991 (regardless of whether, and, if so, how that support must under that Act be paid to, or otherwise dealt with to improve the position of, a receiving carer).

An item is acquired in accordance with this subclause for the purposes of subclauses (2), (3)(c) and (i), and (10) if,—

1. when the item was acquired, neither the applicant nor the applicant’s spouse or partner (if any) was a beneficiary (whether or not either of them was a beneficiary, or both of them were beneficiaries, at any time before the item was acquired); and
2. at the time of the application for temporary additional support, the applicant or the applicant’s spouse or partner (if any) is a beneficiary, or both of them are beneficiaries, or neither of them is a beneficiary at that time but one or both of them became a beneficiary after the item was acquired.

For the purposes of subclause (3)(a), a person’s accommodation costs are that person’s accommodation costs as defined in regulation 57 but—

1. do not include the following costs:
   1. any costs of residential care services in respect of which temporary additional support must not be granted under section 96(2) of the Act; and
   2. any severe weather events-related temporary accommodation costs of the person (even if those costs exceed the rate of, or are paid or incurred after the end of, or are otherwise not met or not to be met by, assistance under the Severe Weather Events TAA Programme that has been or may be granted to the person); and
2. [Revoked]
2. include arrears except any that were incurred while the person or the person’s spouse or partner was in receipt of—
   1. an accommodation benefit under the Student Allowances Regulations 1998; or
   2. an accommodation supplement, a rent rebate allowance, or a tenure protection allowance under the Act; or
   3. an income-related rent (as defined in section 2(1) of the Public and Community Housing Management Act 1992); and
3. include an emergency housing contribution (as that term is defined in regulation 3(1)); and
4. include a transitional housing contribution (as that term is defined in regulation 3(1)).

Agreed period payments, in relation to an item referred to in any of subclauses (3)(b) and (h) and (9), means payments, during the agreed period, under a consumer credit contract or other arrangement that—

1. is evidenced in writing to the satisfaction of MSD; and
2. requires regular payments over an agreed period; and
3. was entered into to acquire the item or to repay debt incurred in acquiring the item; and
4. is not a revolving credit contract, an arrangement relating to an advance payment of all or part of 1 or more instalments of a benefit under section 347 of the Act, or an arrangement relating to a recoverable grant of assistance under section 101 of the Act.

Revolving credit payments, in relation to an item referred to in any of subclauses (3)(c) and (i) and (10), means payments—

1. under a revolving credit contract (for example, a credit card contract) that requires regular payments and that was used to acquire the item; and
2. not exceeding (in total) the lesser of the cash price of the item and the amount owing under the contract at the time of the application for temporary additional support; and
3. for the period of 20 months after the acquisition of the item, if the amount owing under the contract at the time of the application for temporary additional support is equal to or greater than the cash price of the item; and
4. for whichever of the following periods ends first, if the amount owing under the contract at the time of the application for temporary additional support is less than the cash price of the item:
   1. the period of 20 months after the acquisition of the item; and
   2. the period in whole months that MSD estimates is necessary for that amount owing to be repaid fully at a rate of payment that is the maximum monthly payment (as defined in subclause (8)).

The maximum monthly payment, in relation to an item to which subclause (3)(c) or (i) or (10) applies, means 5% of the cash price of the item.

The payments (referred to in subclause (3)(e)(i)) to which this subclause applies are agreed period payments (as defined in subclause (6)) not exceeding $28.83 per week made in connection with the acquisition of 1 clothes dryer for a person for whom the costs of acquiring a clothes dryer are additional costs arising from the person’s disability.

The payments (referred to in subclause (3)(e)(i)) to which this subclause applies are revolving credit payments (as defined in subclause (7)) for 1 clothes dryer, acquired in accordance with subclause (4), for a person for whom the costs of acquiring a clothes dryer are additional costs arising from the person’s disability, and not exceeding (in terms of the rate of the payments, and either on a monthly or a weekly basis) the lesser of the maximum monthly payment (as defined in subclause (8)) and $28.83 per week.

In subclause (3)(f) and (m), telephone rental costs—

1. means the regular and ongoing costs of renting a basic telephone, or of telephone line rental, or of both, as well as any wiring maintenance charges paid; and therefore
2. does not include toll charges.

In subclause (3)(k), gross costs of essential childcare, in relation to an applicant for temporary additional support, means the costs, up to a maximum of $6 per child per hour, of childcare—

1. that enables the applicant, or the applicant’s spouse or partner, or both, to take part in employment; or
2. that is required because the applicant is, or the applicant’s spouse or partner is, or both of them are, seriously disabled or seriously ill.

This regulation prescribes days of the week for the purposes of, or under, sections 143(1)(b) and 418(1)(e) of the Act.

The work-test obligations set out in section 144(b) and (c) of the Act apply Monday to Sunday (inclusive).

The work-test obligation set out in section 146(1)(d) of the Act applies Monday to Sunday (inclusive).

This regulation applies to a person who—

1. receives jobseeker support on the ground of health condition, injury, or disability; and
2. is the subject of a determination under section 141(1) of the Act that the person does not have the capacity for part-time work.

MSD must, after determining under section 141(1) of the Act that the person does not have capacity for part-time work (and whether or not the person has applied to defer that person’s work-test obligations), defer that person’s work-test obligations.

This regulation applies to a person who MSD is satisfied—

1. receives jobseeker support; and
2. is subject to work-test obligations; and
3. has a health condition, an injury, or a disability that first arose or became apparent after the grant of jobseeker support; and
4. because of the health condition, injury, or disability, has no capacity for work or capacity only for work that is less than part-time work.

On the application of a person to whom this regulation applies or of its own initiative, MSD may defer all of that person’s work-test obligations.

This regulation applies to a person who is receiving jobseeker support if MSD is satisfied that—

1. the person is a young person who is required to receive youth services under section 165(2) of the Act; and
2. the person is subject to work-test obligations; and
3. the person’s undertaking of a full-time course that will give the person credits towards NCEA level 2 or an equivalent qualification would reduce the person’s risk of long-term welfare dependency (as defined in section 165(9) of the Act); and
4. the deferral of all of the person’s work-test obligations is necessary to enable the person to undertake that study.

On the application of a person to whom this regulation applies or of its own initiative, MSD may defer all of the person’s work-test obligations.

This regulation applies to a person who is an applicant for jobseeker support if MSD is satisfied that—

1. the person has become eligible for jobseeker support while receiving a youth payment; and
2. the person is subject to work-test obligations; and
3. the person is a student in a full-time course of secondary instruction or tertiary education that will give the person credits towards NCEA level 2 or an equivalent or higher qualification that the person commenced or was undertaking while receiving the youth payment; and
4. the deferral of all of the person’s work-test obligations is necessary to enable the person to complete study towards that qualification.

On the application of a person to whom this regulation applies or of its own initiative, MSD may defer all of that person’s work-test obligations.

MSD may require an applicant for deferral of the applicant’s work-test obligations to verify particulars relevant to the application in the manner that MSD specifies, either generally or specifically.

A deferral under regulation 75, 76, 77, or 78 must be in writing and may be granted—

1. for a period set by MSD; or
2. on conditions set by MSD; or
3. both for a period, and on conditions, set by MSD.

Before deciding whether to defer a person’s work-test obligations under regulation 75 or 76, MSD must have regard to—

1. the certificate for the purpose of section 27 of the Act and any relevant report obtained under section 28 of the Act; and
2. any relevant work ability assessment under sections 115 to 119 of the Act.

In this subpart, unless the context otherwise requires,—

In this subpart, unless the context otherwise requires, terms used and not defined in these regulations or in the Act, but defined in AS/NZS 4308:2008, have the meanings given to them by AS/NZS 4308:2008.

This regulation prescribes a standard—

1. for the purposes of the definition (in section 152 of the Act) of evidential drug test; and
2. as contemplated by paragraph (c) of that definition.

The standard that this regulation prescribes for those purposes is the following provisions of AS/NZS 4308:2008 (if, or insofar as, the following provisions apply to evidentiary testing):

1. section 1:
2. section 2:
3. section 3:
4. section 5:
5. Appendices B to E.

Evidentiary testing, of a sample, means testing of the sample—

1. for evidential purposes (but not for screening purposes); and
2. that involves use of laboratory confirmatory procedures for the unequivocal identification and quantitation of controlled drugs.

This regulation prescribes a standard—

1. for the purposes of the definition (in section 152 of the Act) of screening drug test; and
2. as contemplated by paragraph (c)(iii) of that definition.

The standard that this regulation prescribes for those purposes is the following provisions of AS/NZS 4308:2008 (if, or insofar as, the following provisions apply to screening testing, and subject to the modification in subclause (4)):

1. section 1:
2. section 2:
3. section 3:
4. section 4 (except the requirement in clause 4.10 that samples with results equal to, or greater than, the cut-off in Table 1 must be subjected to confirmatory testing):
5. Appendix A (if the screening testing is carried out not by way of laboratory screening but on site):
6. Appendices B to E.

Screening testing, of a sample, means testing of the sample—

1. for screening purposes (and evidential purposes); and
2. that involves use of a procedure for on-site or laboratory screening for controlled drugs; and
3. that does not involve laboratory confirmatory procedures for the unequivocal identification and quantitation of controlled drugs.

The modification referred to in subclause (2) is that the requirements in clauses 2.4 and 2.5, and in Appendix A, clause A3.2, paragraph (i), for dispatch of the sample to the laboratory do not apply if, after receiving from the potential employer or training provider advice that complies with subclause (5) on the effect of a waiver of those requirements, the beneficiary waives (in any manner) those requirements.

Advice from the potential employer or training provider on the effect of a waiver of those requirements must communicate that a waiver of those requirements—

1. results in the sample not being available for evidentiary testing (as defined in regulation 82(3)) for any purposes (for example, for the purposes of the beneficiary’s disputing under section 257 of the Act a sanction to be imposed under any of sections 234 to 238 of the Act); and
2. is therefore also a waiver of evidentiary testing (as so defined) for all purposes of the sample; and
3. results (in the absence of a good and sufficient reason described in section 250 of the Act) in a sanction under any of sections 234 to 238 of the Act being able to be imposed on the beneficiary based solely on the beneficiary’s having failed a screening drug test.

Nothing in this regulation limits or affects the right under section 149(1) of the Act of a candidate for employment or training to waive (in any manner) an evidential drug test requested by a potential employer or a training provider.

Nothing in this regulation limits or affects the right of a beneficiary to whom section 257 of the Act applies to dispute under that section a sanction to be imposed on the beneficiary (the beneficiary’s benefit being reduced, suspended, or cancelled), under any of sections 234 to 238 of the Act, based on the beneficiary’s having failed a screening drug test, by having the sample taken from the beneficiary for the screening drug test (if the beneficiary has not waived the requirement for dispatch of that sample to the laboratory) subjected to an evidential drug test.

This regulation prescribes for the purposes of section 151 of the Act maximum amounts that MSD may reimburse an employer for the actual and reasonable costs of a screening drug test, an evidential drug test, or both, that the employer has (in accordance with section 147 of the Act) requested in respect of a work-tested beneficiary.

The maximum reimbursement amounts that this regulation prescribes are set out in Schedule 4.

This regulation prescribes for the purposes of section 250(1)(e) of the Act a ground on which a beneficiary may for the purposes of section 153 or 154(a) of the Act have a good and sufficient reason for either or both of the following specified failures:

1. not complying with a drug testing obligation under section 147 of the Act:
2. failing to apply for suitable employment that requires candidates to undertake drug tests.

The ground prescribed by this regulation is that—

1. the person has completed a screening process that has identified the person (based on information the person provided) as—
   1. a user of (even if not dependent on, or addicted to) 1 or more controlled drugs; and
   2. a person who requires or may require support in addressing the person’s use (including, without limitation, the causes of the person’s use) of 1 or more controlled drugs; and
2. the person has (in any manner) agreed to receive services for drug issue assessment and assistance for a period that—
   1. is reasonable for that purpose; and
   2. has been recommended by a suitably qualified provider of services of that kind; and
3. the period referred to in paragraph (b) has not expired.

Recognised services for drug issue assessment and assistance means services—

1. to assess any needs of the recipient for support in addressing the recipient’s use (including, without limitation, the causes of the recipient’s use) of 1 or more controlled drugs, give the recipient support of that kind, or both; and
2. that will be, or have been, provided by a suitably qualified provider of services of that kind.

This regulation prescribes, for the purposes of sections 150 and 431(1)(b) of the Act, how MSD may use the result of a drug test undertaken under section 147 of the Act and disclosed to MSD under section 149(2) of the Act.

MSD may use the result for all or any of the following purposes:

1. for the purposes of all or any of sections 124 to 140, and subpart 2 of Part 5, of the Act:
2. for the purposes of a review or an appeal against a decision under all or any of the provisions specified in paragraph (a).

MSD must not use or communicate the result for any other purpose.

Regulation 88 does not apply to the costs of a screening drug test if the person who undertook the test has later undertaken and passed an associated evidential drug test requested by the potential employer.

The amount that is reimbursed to a potential employer under regulation 88 is a debt due to the Crown from the person who undertook the drug test.

This regulation prescribes a target number of hours of attendance at every approved early childhood education programme for the purposes of sections 131(1)(b) and 132(1)(a) of the Act.

The target number of hours that this regulation prescribes for those purposes is 15 hours per week.

MSD may pay any beneficiary a participation allowance in respect of the beneficiary’s participation under the Act in an activity of the kind described in the first column of Schedule 5.

The relevant rates of participation allowance are set out in the second column of Schedule 5.

MSD may grant an exemption under section 158 of the Act—

1. on the application of the person concerned; or
2. on its own initiative.

MSD may require an applicant for an exemption under section 158 of the Act to verify particulars that are relevant to the application in the manner that MSD specifies.

Under section 158(2) of the Act, MSD—

1. may grant the exemption for a period set by MSD; and
2. may make the exemption subject to conditions set by MSD.

A person to whom section 124 or 125 of the Act applies may apply under section 158 of the Act to be exempted from some or all of the person’s obligations under section 124 or 125 of the Act, on a ground specified in subclause (2).

A person described in subclause (1) may be granted an exemption from some or all of the person’s obligations under section 124 or 125 of the Act on the grounds that—

1. the person has recently changed the person’s living circumstances because of family violence and needs time to adjust to the change; or
2. in the case of a person who falls within section 121 of the Act, the person needs time to adjust because—
   1. the person’s spouse or partner has recently died; or
   2. the person has recently separated from or ceased to live together with the person’s spouse or partner; or
   3. the person’s de facto relationship has recently ended; or
3. the person is caring full-time for another person whose health condition, injury, or disability requires full-time care; or
4. the person has a health condition, an injury, or a disability that prevents the person from meeting the person’s obligations; or
5. the person is the principal caregiver of a dependent child or foster child with special needs (as defined in regulation 99)—
   1. whose welfare would be unduly harmed if the person met the person’s obligations; and
   2. for whom satisfactory alternative care arrangements are not available to, or are unable to be made by, the caregiver; or
6. the person’s capacity to meet the person’s obligations is limited because that person is subject to—
   1. a sentence of supervision under the Sentencing Act 2002; or
   2. release conditions (as that term is defined in section 4(1) of the Parole Act 2002); or
   3. conditions of release on bail under any enactment; or
   4. any other sentence or order imposed by a court.

Any beneficiary to whom the work test applies may apply under section 158 of the Act to be exempted from some or all of the beneficiary’s work-test obligations, on any ground specified in subclause (2).

A person described in subclause (1) may be granted an exemption from the work test on the ground that—

1. the person has recently changed the person’s living circumstances because of family violence and needs time to adjust to the change; or
2. the person’s benefit is being paid under an adopted reciprocity agreement, and the person resides in a country other than New Zealand; or
3. the person is serving a sentence of home detention under the Sentencing Act 2002; or
4. the person’s capacity to meet the obligations of the work test is limited because that person is subject to—
   1. a sentence of supervision under the Sentencing Act 2002; or
   2. release conditions (as that term is defined in section 4(1) of the Parole Act 2002); or
   3. conditions of release on bail under any enactment; or
   4. any other sentence or order imposed by a court; or
5. the person needs time to adjust because—
   1. the person’s spouse or partner has recently died; or
   2. the person has recently separated from or ceased to live together with the person’s spouse or partner; or
   3. the person’s de facto relationship has recently ended.

In determining whether to grant an exemption from some or all of a person’s work-test obligations on the ground specified in subclause (2)(a), MSD may consider, among other things, whether—

1. the person is living in temporary accommodation (for example, a refuge) while seeking more permanent accommodation:
2. the exemption is required to allow the person to help any children who are in the person’s care to adjust to the new family situation.

A work-tested spouse or partner may apply under section 158 of the Act to be exempted from some or all of that person’s work-test obligations, on any ground specified in regulation 101 or in subclause (2).

A person described in subclause (1) may be granted an exemption from some or all of the person’s work-test obligations on the ground that—

1. it would be unreasonable to expect the person to undertake employment because—
   1. the person is the principal caregiver of a dependent child or foster child with special needs (as defined in regulation 99)—
      1. whose welfare would be unduly harmed if the person attended employment or training; and
      2. for whom satisfactory alternative care arrangements are not available to, or are unable to be made by, the caregiver; or
   2. the person would qualify for a supported living payment on the ground of restricted work capacity or total blindness under section 34 of the Act; or
   3. the person is engaged in study of a kind approved by MSD and was so engaged when the person became subject to the work test; or
2. the person is caring on a full-time basis for a person with a health condition, an injury, or a disability of a kind that requires that person to be cared for full-time; or
3. the person is engaged in full-time study of a kind approved by MSD; or
4. both the following apply:
   1. the person is actively engaged in teaching the person’s dependent child or foster child who is aged 5 years or is exempt from enrolment in school under an exemption granted under section 38 or 39 of the Education and Training Act 2020; and
   2. it would be unreasonable to expect the child to attend school because of the family’s circumstances; or
5. the person has primary responsibility for the day-to-day care of a child, other than on a temporary basis, and the child—
   1. is aged less than 3 years; and
   2. is not a dependent child of that person; or
6. the person is—
   1. at least 27 weeks pregnant; or
   2. less than 27 weeks pregnant, if MSD is satisfied that the person is suffering from complications arising from the pregnancy; or
7. the person meets the criteria for jobseeker support on the health condition, injury, or disability ground in section 21(1)(b) or 22(c) of the Act.

In determining whether to grant an exemption from some or all of a person’s work-test obligations on the ground that subclause (2)(d)(ii) applies to the person, MSD may consider, among other things, whether—

1. there are particular needs or reasons that prevent the child from attending school (for example, the child has special needs or has been excluded or expelled from school):
2. there are other mitigating circumstances involved (for example, home schooling is a reasonable option because the nearest school is a significant distance away).

A work-tested beneficiary who is a sole parent in receipt of jobseeker support may apply under section 158 of the Act to be exempted from some or all of that beneficiary’s work-test obligations on any of the following grounds:

1. any ground specified in regulation 101:
2. any ground specified in subclause (2).

A person described in subclause (1) may be granted an exemption from some or all of the person’s work-test obligations on the ground that—

1. it would be unreasonable to expect the person to undertake employment because the person is the principal caregiver of a dependent child or foster child with special needs (as defined in regulation 99)—
   1. whose welfare would be unduly harmed if the person attended employment or training; and
   2. for whom satisfactory alternative care arrangements are not available to, or unable to be made by, the caregiver; or
2. both of the following apply:
   1. the person is actively engaged in teaching the person’s dependent child or foster child who is aged 5 years or is exempt from enrolment in school under an exemption granted under section 38 or 39 of the Education and Training Act 2020; and
   2. it would be unreasonable to expect the child to attend school because of the family’s circumstances; or
3. the person has primary responsibility for the day-to-day care of a child, other than on a temporary basis, and the child—
   1. is aged less than 3 years; and
   2. is not a dependent child of that person.

In determining whether to grant an exemption from some or all of a person’s work-test obligations on the ground that subclause (2)(b)(ii) applies to the person, MSD may consider, among other things, whether—

1. there are particular needs or reasons that prevent the child from attending school (for example, the child has special needs or has been excluded or expelled from school):
2. there are other mitigating circumstances involved (for example, home schooling is a reasonable option because the nearest school is a significant distance away).

A work-tested sole parent support beneficiary may apply under section 158 of the Act to be exempted from some or all of that person’s work-test obligations, on any ground specified in regulation 101 or 103 or in subclause (2).

A person described in subclause (1) may be granted an exemption from some or all of that person’s work-test obligations on the ground that—

1. it would be unreasonable to expect the person to undertake employment because the person would qualify for a supported living payment on the ground of restricted work capacity or total blindness under section 34 of the Act; or
2. the person is—
   1. at least 27 weeks pregnant; or
   2. less than 27 weeks pregnant, if MSD is satisfied that the person is suffering from complications arising from the pregnancy; or
3. the person meets the criteria for jobseeker support on the health condition, injury, or disability ground in section 21(1)(b) or 22(c) of the Act; or
4. the person is engaged in full-time study at a level higher than NCEA level 3 on the Qualifications and Credentials Framework developed by the New Zealand Qualifications Authority under section 436 of the Education and Training Act 2020; or
5. the person is engaged in study of a kind approved by MSD, and was so engaged when the person became subject to the work test; or
6. the person is engaged in full-time study of a kind approved by MSD; or
7. the person has primary responsibility for the day-to-day care of a child, other than on a temporary basis, and the child—
   1. is aged less than 3 years; and
   2. is not a dependent child of that person.

Any young person who is subject to obligations under section 162, 164, 166, or 167 of the Act may apply under section 158 of the Act to be exempted from some or all of those obligations on any ground specified in subclause (2).

A person referred to in subclause (1) may be granted an exemption from some or all of the person’s obligations under section 162, 164, 166, or 167 of the Act on the ground that—

1. the person has recently changed the person’s living circumstances because of family violence and needs time to adjust to the change; or
2. the person would qualify for a supported living payment on the ground of restricted work capacity or total blindness under section 34 of the Act; or
3. the person would meet the criteria (except for the person’s age) for jobseeker support on the health condition, injury, or disability ground in section 21(1)(b) or 22(c) of the Act; or
4. the person is caring full-time for the person’s spouse or partner (who has a health condition, an injury, or a disability of a kind that requires that person to be cared for full-time); or
5. the person is serving a sentence of home detention under the Sentencing Act 2002; or
6. the person’s capacity to meet the person’s obligations under section 162, 164, 166, or 167 of the Act is limited because the person is subject to—
   1. a sentence of supervision under the Sentencing Act 2002; or
   2. release conditions (as that term is defined in section 4(1) of the Parole Act 2002); or
   3. conditions of release on bail under any enactment; or
   4. any other sentence or order imposed by a court.

This regulation applies to any young person who receives—

1. a young parent payment; or
2. a youth payment.

Any young person to whom this regulation applies may apply under section 158 of the Act to be exempted from some or all of the person’s obligations under section 162 or 164 of the Act on the ground that the person needs time to adjust because—

1. the person’s spouse or partner has recently died; or
2. the person has recently separated from or ceased to live together with the person’s spouse or partner; or
3. the person’s de facto relationship has recently ended.

This regulation applies to any young person who is subject to obligations under section 162, 164, 166, or 167 of the Act because—

1. the young person receives a young parent payment; or
2. section 167(1) of the Act applies.

Any young person to whom this regulation applies may apply under section 158 of the Act to be exempted from some or all of the person’s obligations under section 162, 164, 166, or 167 of the Act on the ground that—

1. the person is the principal caregiver of a dependent child or foster child with special needs (as defined in regulation 99)—
   1. whose welfare would be unduly harmed if the person were required to comply with an obligation of the kind referred to in section 162, 164, 166, or 167 of the Act that requires full-time attendance; and
   2. for whom satisfactory alternative care arrangements are not available to, or are unable to be made by, the caregiver; or
2. the person is aged 18 years and has primary responsibility for the day-to-day care of a foster child, other than temporarily, and the foster child is aged less than 12 months.

Regulation 110 applies to a person who contacts MSD requesting financial assistance under the Act, if MSD considers that the appropriate financial assistance would be a benefit that is—

1. jobseeker support; or
2. sole parent support; or
3. an emergency benefit.

Regulation 110 also applies to the spouse or partner of a person who contacts MSD requesting financial assistance under the Act, if the spouse or partner is not, in the spouse’s or partner’s own right, receiving or applying for a main benefit under the Act (as defined in Schedule 2 of the Act), New Zealand superannuation, or a veteran’s pension, and MSD considers that the appropriate financial assistance would be a benefit that is—

1. jobseeker support; or
2. a supported living payment on the ground of restricted work capacity or total blindness; or
3. an emergency benefit.

MSD may, for the purpose stated in section 3(a)(ii) of the Act, require a person to whom this section applies (under regulation 109(1) or (2)), unless MSD has determined that the person does not have the capacity to seek, undertake, and be available for part-time work, to do any or all of the following:

1. undertake 1 or more stated pre-benefit activities:
2. at a time before the benefit to which regulation 109(1) or (2) applies commences, attend and participate in any interview for an opportunity of suitable employment to which the person is referred by MSD:
3. at a time before the benefit to which regulation 109(1) or (2) applies commences, accept any offer of suitable employment (whether or not the offer results from an interview of the kind described in paragraph (b)).

A requirement under subclause (1) may be oral or written and, in the case only of a requirement under subclause (1)(a), may be revoked orally or in writing in accordance with subclause (4).

A pre-benefit activity stated under subclause (1)(a) must be available for the person to undertake not later than 10 working days after the date of first contact.

MSD may revoke a requirement that the person undertake a pre-benefit activity under subclause (1)(a) if, and only if, MSD considers the requirement is no longer reasonable.

Pre-benefit activity, in this regulation and regulations 111 and 112 and section 184 of the Act, means an activity that is not an activity in the community (as defined in Schedule 2 of the Act) but is all or any of the following:

1. reporting on the progress of job-search activities:
2. completing a curriculum vitae and providing it to MSD:
3. attending and participating in an employment-related seminar provided by MSD or by any other person approved by MSD for the purpose:
4. attending and participating in employment-related training approved by MSD for the purpose:
5. attending and participating in any interview with an MSD employee:
6. completing any self-assessment or planning required by MSD.

Suitable employment, for the purposes of subclause (1),—

1. for a person who has a dependent child aged under 14 years, and to whom this regulation applies by virtue of regulation 109(1)(b) or (2), means employment that would be suitable employment within the meaning of Schedule 2 of the Act if the person were a part-time work-tested beneficiary:
2. for a person for whom MSD considers that the appropriate financial assistance under the Act would be jobseeker support on the ground of health condition, injury, or disability, means employment that would be suitable employment within the meaning of Schedule 2 of the Act if the person were a part-time work-tested beneficiary:
3. for any other person, means employment that would be suitable employment within the meaning of Schedule 2 of the Act if the person were a work-tested beneficiary.

In this regulation,—

MSD is not required under section 298(1) of the Act to inquire into a claim for the specified benefit made by the applicant unless satisfied that the applicant has undertaken any required pre-benefit activities.

Subclause (2) applies whether or not the applicant has completed the form of application for the specified benefit, and (under section 298(2)(c) of the Act) overrides section 298(1) of the Act.

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.

Subclause (4) overrides regulation 168 (date application received for when benefit commences).

If MSD considers that the applicant has, without a good and sufficient reason, failed to comply with a requirement under regulation 110(1)(b) or (c) (which relate to interviews for, or offers of, suitable employment), MSD must, as the case requires,—

1. refuse to grant the applicant the specified benefit; or
2. cancel any grant of the specified benefit already made to the applicant.

In this regulation,—

This subclause applies to an applicant’s spouse or partner if MSD considers that the applicant’s spouse or partner—

1. has failed to undertake a required pre-benefit activity within 20 working days after the date of the applicant’s first contact; or
2. has failed without a good and sufficient reason to comply with a requirement under regulation 110(1)(b) or (c).

If subclause (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:

1. the specified benefit—half of the rate of that benefit payable to a beneficiary—
   1. who is in a relationship; and
   2. whose spouse or partner is not granted a benefit in the spouse’s or partner’s own right:
2. 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 subclause be entitled—half of the otherwise applicable rate or rates.

Subclause (3) overrides other regulations of these regulations but does not preclude a review under subpart 3 of Part 6 of the Act (review of entitlement to, or rate of, benefit granted).

This regulation applies when a person (P) applies for a benefit and is, or may be, entitled or eligible to receive, or receive the equivalent in value of, an income-related insurance payment (the payment).

If MSD grants the benefit, MSD may make the benefit or rate of benefit subject to the condition that all or part of the benefit as MSD requires must be repaid to MSD if the payment is made to—

1. P; or
2. another person on P’s behalf or for P’s benefit; or
3. a member of P’s family.

The amount repayable to MSD under subclause (2)—

1. constitutes a charge on the payment referred to in subclause (1); and
2. is a debt due to the Crown from the person to whom the payment is made; and
3. is subject to recovery under section 362(1) of the Act (MSD’s duty to recover debts) from—
   1. P; or
   2. the person to whom the payment is made; or
   3. the person liable to make the payment.

This regulation applies when a person (P) applies for a benefit specified in subclause (2) and is, or may be, entitled or eligible to receive, or receive the equivalent in value of, an insurance payment (the payment) that is 1 of the following:

1. a debt insurance payment:
2. a health insurance payment:
3. a disability insurance payment.

The benefits referred to in subclause (1) are benefits of a kind referred to in any of the following sections of the Act:

1. section 65 (accommodation supplement):
2. section 85 (disability allowance):
3. section 96 (temporary additional support):
4. section 101 (special assistance under an approved welfare programme).

If MSD grants the benefit, MSD may make the benefit or rate of benefit subject to the condition that all or part of the benefit as MSD requires must be repaid to MSD if the payment is made to—

1. P; or
2. another person on P’s behalf or for P’s benefit; or
3. a member of P’s family.

The amount repayable to MSD under subclause (3)—

1. constitutes a charge on the payment referred to in subclause (1); and
2. is a debt due to the Crown from the person to whom the payment is made; and
3. is subject to recovery under section 362(1) (MSD’s duty to recover debts) of the Act by MSD from—
   1. P; or
   2. the person to whom the payment is made; or
   3. the person liable to make the payment.

MSD may determine that an overseas pension is in the nature of, and is paid for similar purposes as,—

1. compensation for injury or death for which payment could be made under the Accident Compensation Act 2001 if the injury or death had occurred in New Zealand after the commencement of that Act; or
2. a war disablement pension or a disablement pension or allowance that—
   1. is granted under the Veterans’ Support Act 2014, excluding Part 6 of that Act; and
   2. is of a type that would not affect any recipient’s entitlement to a benefit in accordance with section 200 of the Act (exceptions to rule that veteran’s entitlement excludes any other benefit); or
3. a disability allowance granted under the Act.

No reduction may be made under regulation 119 for an overseas pension that MSD has determined falls within subclause (1)(a), (b), or (c).

As part of the determination under regulation 119, MSD may fix the date on which a determination that an overseas pension is a qualifying overseas pension takes effect.

The date may be before, on, or after the determination.

This regulation applies in the case of a person affected by the receipt of an overseas pension.

MSD and the overseas pensioner in question may (in accordance with and subject to the conditions set out in subclause (3)) enter into an arrangement under which—

1. MSD pays the overseas pensioner, in line with the arrangement, the rate of a benefit or benefits under the NZ benefits legislation; and
2. MSD receives from the overseas pensioner an amount that is equivalent to the amount of the overseas pension that the overseas pensioner receives.

The conditions are that—

1. the overseas pensioner has agreed to make the arrangement; and
2. the arrangement must comply with this subpart and subpart 4; and
3. the overseas pensioner must not have voluntarily cancelled a previous such arrangement with MSD; and
4. MSD has not previously ceased to make payments under subclause (2)(a) because of the overseas pensioner’s failure to comply with the arrangement.

MSD may from time to time, on behalf of the Crown, enter into contracts with 1 or more registered banks for the purpose of implementing arrangements under regulation 122.

Money in a bank account maintained in accordance with these regulations to implement an arrangement under regulation 122 must not be—

1. attached or taken in execution under any order or process of any court:
2. made the subject of any set-off, charge, or assignment:
3. claimed or deducted under any notice or other instrument issued under any enactment (other than this subpart).

If the benefit under an arrangement under regulation 122 is New Zealand superannuation, MSD must pay any amount received from the overseas pensioner under the arrangement into the New Zealand Superannuation Fund established under the New Zealand Superannuation and Retirement Income Act 2001, in accordance with arrangements made from time to time by MSD with the Guardians of New Zealand Superannuation.

For the purposes of the Act, a payment to an overseas pensioner under an arrangement under regulation 122 is, for the period to which the payment relates, treated as payment of—

1. the benefit or benefits that are payable to the overseas pensioner in that period under the NZ benefits legislation, at the rate at which that benefit or those benefits are so payable but reduced under regulation 119; and
2. the amount of the overseas pension that the overseas pensioner is entitled to receive or has received in that period.

If section 189(1) of the Act requires a benefit to be reduced,—

1. each instalment of the benefit payable in the payment month immediately following the end of a calculation period must be reduced; and
2. the amount per week by which each instalment is reduced must be calculated according to the following formula:

   (a × b) − c

   where—

   a

   is the rate per week of the overseas pension, in the currency of the country paying the pension payable to the overseas pensioner during the calculation period; and

   b

   is the calculation rate determined under regulation 126; and

   c

   is the bank fee determined under regulation 127.

If the benefit is payable by an instalment of 2 or more weeks’ benefit, the amount by which each instalment is reduced is the amount calculated according to the formula in subclause (1)(b) multiplied by the appropriate number of weeks.

Unless provided otherwise in any adopted reciprocity agreement, a reference in this regulation to an instalment of a benefit or to an overseas pension is a reference to that instalment or pension before the deduction of income tax (if any).

For the purposes of the formula set out in regulation 125(1)(b), the calculation rate is,—

1. in the case where subclause (2) does not apply, the figure for the currency of the country paying the overseas pension that the nominated bank notifies to MSD; or
2. in the case where subclause (2) applies, the more favourable to the overseas pensioner of the following:
   1. the figure specified in paragraph (a); or
   2. the currency exchange rate notified under subclause (2).

This subclause applies if a country (or a bank on its behalf) paying the overseas pension—

1. notifies MSD or provides public notice of the currency exchange rate used to convert that country’s overseas pensions to New Zealand currency for payment of that country’s overseas pensions in New Zealand, in which case the currency exchange rate for the purposes of subclause (1)(b)(ii) is that rate:
2. notifies more than 1 exchange rate used to convert that country’s overseas pensions to New Zealand currency, in which case the currency exchange rate for the purposes of subclause (1)(b)(ii) is the average of those rates:
3. notifies an average currency exchange rate used to convert that country’s overseas pensions to New Zealand currency, in which case the currency exchange rate for the purposes of subclause (1)(b)(ii) is that average rate.

Subclause (2) does not apply unless a currency exchange rate is notified to MSD or publicly by the country (or a bank on its behalf) paying the overseas pension before the notification deadline that is immediately before the payment month for which the calculation is made.

A determination made by MSD under section 189(1) of the Act and in accordance with these regulations is conclusive.

This regulation does not limit anything in sections 304 to 310 of the Act.

In these regulations, alternative arrangement means an arrangement, made under section 190 of the Act by MSD with an eligible overseas pensioner (as that term is defined in regulation 129), that includes—

1. the condition that no payment may be made under section 190 of the Act before 26 November 2018 (or, for an arrangement saved by clause 30(2) of Schedule 1 of the Act, that no payment may be made under section 70(3)(b) of the Social Security Act 1964 before 1 April 1997); and
2. the condition that the disposition by the overseas pensioner of the overseas pensioner’s overseas pension to MSD is made in consideration of MSD making payments to the overseas pensioner under section 190 of the Act; and
3. the conditions set out in subclause (2).

The conditions referred to in subclause (1)(c) are that the overseas pensioner—

1. complies with any obligation imposed on the overseas pensioner by these regulations; and
2. signs a written authority to the nominated bank to—
   1. open and administer a special bank account in the overseas pensioner’s name; and
   2. operate the account for the purposes for which it may be operated; and
   3. on the occurrence of any of the circumstances set out in subclause (3), transfer any money in the account to MSD and close the account; and
3. signs a written authority to the competent authority to pay the overseas pension into the overseas pensioner’s special bank account; and
4. must not revoke an authority given under paragraph (b) or (c) unless the overseas pensioner closes the special bank account with effect from the date on which the revocation of the authority takes effect; and
5. must not operate the overseas pensioner’s special bank account for any purpose for which it may not be operated; and
6. agrees that MSD, the competent authority, and the nominated bank may disclose to one another—
   1. information about the overseas pensioner’s special bank account; and
   2. information about payments of the overseas pension made to the special bank account,—

   if the disclosure is necessary to facilitate the administration of the overseas pensioner’s alternative arrangement or special bank account.

The circumstances referred to in subclause (2)(b)(iii) are that—

1. the nominated bank receives notice from MSD of the cessation of the alternative arrangement with the overseas pensioner; or
2. the nominated bank receives notice from MSD of the termination of the alternative arrangement with the overseas pensioner; or
3. the overseas pensioner attempts to operate the overseas pensioner’s special bank account for a purpose for which it may not be operated; or
4. the nominated bank is notified, by means on which it is reasonable to rely, that—
   1. the overseas pensioner has ceased to reside in New Zealand; or
   2. the overseas pensioner has died.

In these regulations, the term special bank account means a bank account that is opened and administered by the nominated bank in the name of an overseas pensioner in respect of a pension or pensions received from a country listed in regulation 133(b).

The purposes for which a special bank account may be operated are—

1. to receive payments of the overseas pensioner’s overseas pension or pensions from the competent authority of a country listed in regulation 133(b); and
2. to transfer to MSD, from time to time, amounts equivalent to the amounts of those payments of the overseas pension or pensions.

No special bank account may—

1. be opened and administered in the name of more than 1 overseas pensioner; or
2. be operated for any purpose other than a purpose referred to in subclause (2); or
3. be operated in respect of more than 1 country listed in regulation 133(b).

MSD must from time to time enter into an agreement with a bank, whether by way of contract or otherwise, specifying terms and conditions in respect of the opening, administration, and operation of special bank accounts.

The terms and conditions of any agreement entered into under subclause (1) may include, without limitation, terms and conditions relating to—

1. the obligations of the bank not to—
   1. open or administer any special bank account in the name of more than 1 overseas pensioner; or
   2. allow any special bank account to be operated for any purpose for which it may not be operated:
2. the frequency with which the nominated bank must transfer to MSD amounts equivalent to amounts of payments of overseas pensioners’ overseas pensions:
3. the disclosure of information by MSD, the competent authority, and the nominated bank to one another about—
   1. overseas pensioners’ special bank accounts; and
   2. payments of overseas pensions made to special bank accounts,—

   if the disclosure is necessary to facilitate the administration of overseas pensioners’ alternative arrangements or special bank accounts:

4. the obligation of the bank to notify MSD of the closure of any special bank account and of the reason for the closure:
5. the transfer to MSD of any money in a special bank account that is closed for any reason other than the bankruptcy of the overseas pensioner.

MSD may enter into agreements under subclause (1) with different banks in respect of overseas pensions payable by different countries.

An alternative arrangement ceases if—

1. the nominated bank closes the special bank account on the occurrence of any of the circumstances set out in regulation 130(3)(c) or (d); or
2. the overseas pensioner gives MSD written notice that the alternative arrangement is to cease; or
3. MSD determines that the overseas pensioner either never has been or is no longer—
   1. entitled to a benefit; or
   2. an overseas pensioner to whom regulation 133 applies; or
4. the overseas pensioner ceases to reside in New Zealand; or
5. the overseas pensioner is adjudicated bankrupt; or
6. the overseas pensioner dies.

MSD must give notice of the cessation of any alternative arrangement—

1. to the competent authority, where any of paragraphs (a) to (f) of subclause (1) applies; and
2. to the nominated bank, where any of paragraphs (b) to (f) of subclause (1) applies.

The cessation of an alternative arrangement under subclause (1) takes effect immediately after—

1. the nominated bank transfers any money in the special bank account to MSD (or, where the overseas pensioner has been adjudicated bankrupt, to the Official Assignee) and closes the special bank account; and
2. MSD makes (except where the overseas pensioner has been adjudicated bankrupt) the corresponding payment under section 70(3)(b) of the Social Security 1964 or section 190 of the Act.

MSD may terminate an alternative arrangement, with effect from a date determined by MSD, if the overseas pensioner fails to comply with any condition set out in regulation 130(2).

MSD must give notice of the termination of any alternative arrangement—

1. to the competent authority; and
2. to the nominated bank.

In this subpart, unless the context otherwise requires,—

In this subpart, a significant event, in relation to a beneficiary’s family member, includes the following events:

1. serious illness or serious injury or imminent death:
2. any of the following connected to the family member’s death:
   1. a funeral (however called) or unveiling:
   2. if the beneficiary has missed the family member’s funeral, a visit to pay respects to a family member of the deceased:
   3. attending to legal matters in relation to the deceased’s affairs:
3. a wedding or civil union:
4. the birth of a child:
5. a court case in which a family member is a party or witness.

In regulations 142, 143, and 144, a benefit is a qualifying benefit for the purposes of the 4-week rule if it is not one of the following benefits:

1. sole parent support for a work-tested beneficiary:
2. supported living payment on the ground of restricted work capacity or total blindness for a work-tested spouse or partner:
3. jobseeker support (other than jobseeker support for a spouse or partner who is not a work-tested spouse or partner):
4. an emergency benefit:
5. any benefit that, but for the 1 or more absences in question, would be payable to a beneficiary who is subject to 1 or more work-preparation obligations required by MSD under section 125(d) of the Act:
6. a youth payment:
7. a young parent payment.

In regulation 141(3)(a), humanitarian reasons means any of the following:

1. a need or desire to provide aid or assistance to a family member immediately following a natural disaster or adverse event:
2. a need or desire to be with a family member who is facing imminent death or who has suddenly become seriously ill or seriously injured:
3. a need or desire to attend the sudden funeral (however called) of a family member.

A benefit is not payable to a person (P) for any period during which P is absent from New Zealand (the general rule) unless 1 of the following exceptions applies:

1. the 4-week rule; or
2. the benefit subject to obligations rule; or
3. the medical exception; or
4. the vocational training exception; or
5. the Special Olympic or Paralympic Games exception; or
6. the other enactments exception.

For the purposes of this regulation, if P would have become entitled to a benefit during P’s absence but for subclause (1), P’s absence is treated as commencing on the day P would have become entitled to the benefit.

A person (P) is not entitled to be paid a benefit under the following exceptions unless P has, in accordance with section 114(1) of the Act, notified MSD in advance (before leaving New Zealand) of P’s intended absence from New Zealand:

1. the 4-week rule (including the extended 4-week rule):
2. the benefit subject to obligations rule:
3. the medical exception:
4. the vocational training exception:
5. the Special Olympic or Paralympic Games exception.

If P has not performed the duty imposed by section 114(1) of the Act and notifies MSD of P’s current absence only after departing from New Zealand, a benefit payable under one of the exceptions set out in subclause (1) is payable only from the date of notification.

However, MSD may, in its discretion, pay P a benefit in respect of a non-notified absence if MSD is satisfied that—

1. both P’s absence and the failure to notify are justified for 1 or more humanitarian reasons (see regulation 139(4)); and
2. P notifies MSD of P’s departure (whether P notifies MSD of P’s departure during P’s absence from New Zealand, or after P has returned to New Zealand after that absence) as soon as is reasonably practicable in the circumstances.

Under the 4-week rule, a qualifying benefit for the purposes of the 4-week rule (see regulation 139(3)) is payable during absences from New Zealand by a beneficiary for 4 weeks or less in total in any 52-week period.

For the purposes of the 4-week rule,—

1. a 52-week period is calculated, in relation to any day of overseas absence, as the preceding period of 52 weeks ending on that day:
2. a day of absence may be counted once only, even though more than 1 benefit was paid in respect of that day.

This regulation applies when a beneficiary is absent from New Zealand and the benefit is not a qualifying benefit for the purposes of the 4-week rule (that is, it is a benefit listed in regulation 139(3)(a) to (g)).

MSD may, in its discretion, pay the benefit to the 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—

1. the benefit would be payable if it were not for the absences in question; and
2. MSD is satisfied that payment of the benefit complies with any applicable criteria prescribed by regulation 145 for the purposes of this regulation.

For the purposes of subclause (2),—

1. a 52-week period is calculated, in relation to any day of overseas absence, as the preceding period of 52 weeks ending on that day:
2. a day of absence may be counted once only, even though more than 1 benefit was paid in respect of that day.

For the purposes of regulation 148, the relevant qualifying circumstances, in respect of an absence from New Zealand, are the circumstances in any of subclauses (2), (3), (4), and (5).

The first circumstances are as follows:

1 or more absences totalling more than 4 weeks that are necessitated by 1 or more specified reasons

1. the absence from New Zealand must be solely for 1 or more reasons permitted by regulation 146; and
2. MSD must be satisfied that the length of the total absence is not longer than is necessitated by those reasons; and
3. if the absence is not the first in respect of which a benefit is or was payable under this subpart or section 77 of the Social Security Act 1964 in any 52-week period, MSD must be satisfied—
   1. either that the beneficiary could not reasonably have foreseen an absence of longer than 4 weeks in a 52-week period or that the beneficiary could not reasonably have rearranged the beneficiary’s affairs to avoid an absence of longer than 4 weeks in a 52-week period; and
   2. that it would be unreasonable for the benefit not to be paid.

The second circumstances are as follows:

Return to New Zealand prevented by reasons outside beneficiary’s control

1. the beneficiary’s return to New Zealand from an absence in respect of which a benefit is paid under this subpart has been prevented by new circumstances that—
   1. were not reasonably foreseeable at the time when the beneficiary last left New Zealand; and
   2. are outside the beneficiary’s control; and
2. MSD must be satisfied that the extension of the absence is not longer than is necessitated by the new circumstances.

The third circumstances are as follows:

Combination of 1 or more absences totalling up to 4 weeks that are necessitated by 1 or more specified reasons plus family support absence of up to 4 weeks

1. the beneficiary is a young person receiving a youth support payment under the Act or a young person referred to in section 166 or 167 of the Act; and
2. the beneficiary is absent from New Zealand for the purpose of obtaining support from a family member residing overseas (being support that the beneficiary could not reasonably obtain in New Zealand); and
3. MSD must be satisfied that the absence does not prevent the beneficiary from meeting all the beneficiary’s obligations in section 162, 164, 166, or 167 of the Act because the absence is during a time when the beneficiary is not required to attend the work-based learning or education or training referred to in those sections (for example, during a period of leave or a semester break or during the period between the end of one academic year and the start of the next, as the case may require); and
4. in the case of a young person receiving a youth support payment under the Act, the total period of absence from New Zealand in respect of which a benefit is paid under regulation 144 or 148 on the grounds that the absence does not prevent the beneficiary from meeting all of the beneficiary’s obligations in section 162 or 164 of the Act does not exceed 4 weeks in any 52-week period; and
5. in the case of a young person referred to in section 166 or 167 of the Act, the total period of absence from New Zealand that was solely for 1 or more reasons permitted by regulation 146 does not exceed 4 weeks in any 52-week period.

The fourth circumstances are as follows:

Absence to attend approved disability forum

1. the beneficiary has a long-term physical, mental, intellectual, or sensory impairment that, in interaction with various barriers, may hinder the beneficiary’s full and effective participation in society on an equal basis with others; and
2. the absence from New Zealand must be for the purpose of attending a disability forum approved by MSD; and
3. MSD must, before approving the disability forum, be satisfied that the forum is—
   1. a disability programme or event associated with the United Nations or an international disability organisation; or
   2. another type of programme or event that the beneficiary is attending to contribute a disability perspective; and
4. the total period of absence from New Zealand in respect of which a benefit is paid on the grounds that the beneficiary is attending an approved disability forum must not exceed 12 weeks in any 52-week period.

This subpart is subject to sections 114(2) and 219(2) of the Act.

Those sections ensure that section 114 (obligation to notify absence from New Zealand) and section 219 (general rule: benefit not payable while beneficiary absent from New Zealand) of the Act do not apply to a benefit payable under—

1. subpart 11 of Part 2 (winter energy payment) of the Act; or
2. sections 21 to 35 of the New Zealand Superannuation and Retirement Income Act 2001; or
3. sections 176 to 196 of the Veterans’ Support Act 2014; or
4. any adopted reciprocity agreement.

This regulation applies to every beneficiary who—

1. is absent from New Zealand; but
2. is being paid New Zealand superannuation (not under any adopted reciprocity agreement but) under section 26 of the New Zealand Superannuation and Retirement Income Act 2001.

This regulation also applies to every beneficiary who—

1. is absent from New Zealand; but
2. is being paid New Zealand superannuation in a specified Pacific country (not under any adopted reciprocity agreement but) under section 31 of the New Zealand Superannuation and Retirement Income Act 2001.

This regulation applies to every beneficiary who—

1. is absent from New Zealand; but
2. is being paid a veteran’s pension (not under any adopted reciprocity agreement but) under section 182 of the Veterans’ Support Act 2014.

This regulation also applies to every beneficiary who—

1. is absent from New Zealand; but
2. is being paid a veteran’s pension in a specified Pacific country (not under any adopted reciprocity agreement but) under section 191 of the Veterans’ Support Act 2014.

This regulation prescribes for the purposes of section 250(1)(e) of the Act a ground on which a beneficiary may for the purposes of section 232 of the Act have a good and sufficient reason for (as the case may be) either or both of the following specified failures:

1. not complying with a drug-testing obligation:
2. failing to apply for suitable employment that requires candidates to undertake drug tests.

The ground prescribed by this regulation is that—

1. the person has completed a screening process that has identified the person (based on information the person provided) as—
   1. a user of (even if not dependent on, or addicted to) 1 or more controlled drugs; and
   2. a person who requires or may require support in addressing the person’s use (including, without limitation, the causes of the person’s use) of 1 or more controlled drugs; and
2. the person has (in any manner) agreed to receive recognised services for drug issue assessment and assistance for a period that—
   1. is reasonable for that purpose; and
   2. has been recommended by a suitably qualified provider of services of that kind; and
3. the period referred to in paragraph (b) has not expired.

Recognised services for drug issue assessment and assistance means services—

1. to assess any needs of the recipient for support in addressing the recipient’s use (including, without limitation, the causes of the recipient’s use) of 1 or more controlled drugs, give the recipient support of that kind, or both; and
2. that will be, or have been, provided by a suitably qualified provider of services of that kind.

Suitably qualified, for a person and recognised services for drug issue assessment and assistance, means a health practitioner, or other person, who MSD is satisfied on reasonable grounds is suitably qualified to provide those services.

An applicant must not be granted a benefit unless MSD has received from the applicant a claim for a benefit made by way of—

1. an application form that complies with regulation 172; and
2. any supporting evidence reasonably required by MSD.

   Examples

   Evidence that the applicant meets, if applicable, the residential requirement

   If MSD considers the appropriate benefit is a youth support payment, the supporting evidence described in regulation 173

An applicant’s application for a benefit lapses (see regulation 169) unless MSD has received that form and evidence within the period for completing the application.

The period for completing the application (in this regulation and regulations 168 and 170) means—

1. 20 working days after the date of first contact by or on behalf of the applicant; or
2. a longer period allowed by MSD under regulation 170.

This regulation is subject to—

1. section 74(5) of the Act (winter energy payment: instalments, rates, and payment); and
2. section 184 of the Act (pre-benefit activities: consequences of non-compliance by applicant); and
3. regulation 167 (exceptions from regulation 166(2) for overseas applications); and
4. regulation 174 (waiver of required form and evidence); and
5. sections 307 and 308 of the Act (which apply if MSD is satisfied, because of a review under section 304 of the Act, that a benefit on another eligibility ground, or another benefit, is more appropriate than the one granted); and
6. any contrary requirements of these regulations relating to childcare assistance or temporary additional support.

Regulation 166(2) does not apply to an application for a benefit made by a person ordinarily resident in an overseas country to the competent authority of that country under an adopted reciprocity agreement.

Regulation 166(2) does not prevent the making of an application for New Zealand superannuation—

1. by or on behalf of a person (resident in the Cook Islands, Niue, or Tokelau on the date of the application) to whom section 31(4) of the New Zealand Superannuation and Retirement Income Act 2001 applies; and
2. at a time allowed by section 31(6) of that Act.

Regulation 166(2) does not prevent the making of an application for a veteran’s pension—

1. by or on behalf of a person (resident in the Cook Islands, Niue, or Tokelau on the date of the application) to whom section 191(4) of the Veterans’ Support Act 2014 applies; and
2. at a time allowed by section 191(6) of that Act.

This regulation applies to an application for a benefit if, within the period for completing the application (as defined in regulation 166(3)), MSD receives the form and evidence required under regulation 166.

For the purposes of sections 311 to 316 of the Act (commencement and stand downs), the application is taken to have been received on the date of first contact by or on behalf of the applicant.

This regulation is subject to regulation 111(4) (which is about undertaking any required pre-benefit activities within 20 working days after the date of first contact).

This regulation applies to an employee of the State services who—

1. is asked by a Māori or an NZSL user for help in connection with an application for a benefit; and
2. has the necessary knowledge of te reo Māori or NZSL.

The employee must, without fee or other consideration, give the applicant all reasonable help with the application.

In this regulation,—

MSD may require as supporting evidence, if MSD considers that the appropriate benefit for an applicant is a youth support payment, evidence of the applicant’s accommodation costs and service costs (within the meaning of section 65 of the Act), debts, and other liabilities.

This regulation does not limit regulation 166(1)(b).

MSD may waive the requirement under regulation 166(1)(a) to complete an application form if satisfied that MSD already holds a form relating to an application that has lapsed under regulation 166.

MSD may waive some or all of a requirement to provide information under regulation 166(1)(a) or (b) if satisfied that MSD—

1. already holds the information concerned; or
2. already holds enough other information to determine the matter for which the information concerned is needed.

This regulation applies to any applicant or beneficiary who has to be absent from that person’s regular place of residence—

1. to be medically examined by direction of MSD; or
2. to appear before a medical board established under Schedule 9 of the Act; or
3. for any other purpose approved by MSD.

The applicant or beneficiary—

1. may be provided with advance payment for that person’s fares; or
2. may be granted a refund of travelling expenses reasonably incurred—
   1. by way of public transport; or
   2. if it would have been impracticable to use public transport, by private means of transport.

Advance payment may, in MSD’s discretion, be made to the applicant or beneficiary for meals and accommodation during the period of necessary absence, or a refund may, in MSD’s discretion, be paid for actual and reasonable out-of-pocket expenses for the period of necessary absence.

If the physical or mental condition of the applicant or beneficiary makes the applicant or beneficiary unable to travel unaccompanied, advance payment or refunds may be made under this regulation in respect of the travelling and accommodation expenses of a person travelling with the applicant or beneficiary.

MSD may, in any special case, authorise payment of travelling expenses in respect of any applicant or beneficiary, or applicants or beneficiaries of any description, at rates and subject to conditions determined by MSD.

Subclause (5) applies despite the rest of this regulation and regulation 176.

A refund must not be made under regulation 175 for an item of expense (other than transport fares) of more than $1 unless the claim is supported by the receipt of the person to whom the amount concerned was paid.

A claim for a refund of expenses must not be accepted under regulation 175 unless made—

1. within 1 month of the day on which they were incurred; or
2. in any special circumstances, within any extended time MSD thinks reasonable.

This regulation applies to a benefit listed in an item of the following table if the applicant for the benefit meets the condition specified in the item:

The benefit commences on whichever of the following occurs last:

1. the date on which the applicant became entitled to receive it:
2. the day after the date on which the applicant’s employment ceased:
3. the date on which the application for it was received.

This regulation applies if—

1. a person received a benefit before accepting an offer of employment; and
2. the benefit was cancelled or suspended because of the employment; and
3. the employment—
   1. was temporary employment, whether or not the person was aware it would be temporary employment when accepting the offer; or
   2. was part-time work for a period of less than 26 weeks, whether or not the person was aware it would be part-time work for a period of less than 26 weeks when accepting the offer; and
4. the person applies for a benefit following the termination of the employment.

The benefit commences on whichever of the following occurs later:

1. the day after the date on which the person’s employment ceased:
2. the date of the application for the benefit.

This regulation applies to a disability allowance applied for, or under regulation 172(b) granted, at the same time as any other benefit that is—

1. jobseeker support on the ground of health condition, injury, or disability; or
2. sole parent support; or
3. a supported living payment; or
4. a young parent payment.

The disability allowance commences on the same day as the other benefit commences.

The stand-down period for a benefit to which section 316 of the Act applies (see sections 313, 314, and 316(1)(b) of the Act) is,—

1. for a person who is in a relationship,—
   1. with average income less than the average wage plus $80 for each dependent child, 1 week; or
   2. in any other case, 2 weeks; and
2. for a single person,—
   1. with average income less than the average wage minus $80 plus $80 for each dependent child, 1 week; and
   2. in any other case, 2 weeks.

A person who is entitled to a benefit to which section 316(1) of the Act applies (see sections 313 and 314 of the Act) may elect to have the person’s average income calculated by reference to a period of 52 weeks instead of 26 weeks.

This regulation applies to a person who has applied for a benefit of a kind specified in section 313(1) or 314(1) of the Act if—

1. the person is entitled to receive a redundancy payment or a retirement payment; and
2. the person has not received the whole or a part of that payment.

The person is entitled to receive the benefit applied for on a provisional basis and to have the stand-down period calculated as if the person’s average income did not include the amount not yet received.

If the person receives later, but within 52 weeks after the date on which the person’s employment ceased, the whole or a part of the redundancy payment or retirement payment, then this subclause applies to any payment of the benefit that is a payment—

1. that is received by the person; and
2. to which the person would not be entitled but for subclause (2).

A payment to which subclause (3) applies is a debt due to the Crown and subject to recovery under section 362(1) (MSD’s duty to recover debts) of the Act by MSD from the person.

This regulation applies to a person who is a seasonal worker if the person—

1. applies following a seasonal layoff for a benefit of a kind specified in section 313(1) of the Act; and
2. becomes entitled to receive a redundancy payment because the person’s usual seasonal employment is made unavailable by the employer after the benefit commences; and
3. receives the whole or a part of the redundancy payment within 52 weeks after the date on which the person’s seasonal employment ceased.

This subclause applies to any payment of the benefit that is a payment—

1. that is received by the person; and
2. to which the person would not have been entitled if the redundancy payment received had been taken into account in calculating the stand-down period under regulation 183.

A payment to which subclause (2) applies is a debt due to the Crown and subject to recovery under section 362(1) (MSD’s duty to recover debts) of the Act by MSD from the person.

The expiry date for jobseeker support for the purposes of sections 331 to 336 of the Act is (subject to subclauses (2) to (6)) the 12-month anniversary of the date on which the person’s jobseeker support commenced or, as the case may be, last commenced.

For a beneficiary whose sole parent support is replaced with jobseeker support under section 33 of the Act when the beneficiary’s youngest dependent child turns 14 years old, that expiry date is the 12-month anniversary of the date on which the beneficiary’s original benefit commenced or, as the case may be, last commenced.

For the purpose of subclause (2), the original benefit is,—

1. for a beneficiary who transferred to sole parent support on 15 July 2013 under clause 2(6) to (8) or (9) and (11) of Schedule 32 of the Social Security Act 1964, either a domestic purposes benefit under section 27B of that Act or a widow’s benefit under section 21 of that Act, as the case may be; and
2. for any other beneficiary, sole parent support.

For a beneficiary who was, on 15 July 2013, transferred to jobseeker support from receipt of an unemployment benefit by clause 7(6) to (8) of Schedule 32 of the Social Security Act 1964, that expiry date is the 12-month anniversary of the date on which the person’s unemployment benefit commenced, or as the case may be, last commenced.

For a beneficiary who was, on 15 July 2013, transferred to jobseeker support from receipt of a sickness benefit by clause 8(5) to (7) of Schedule 32 of the Social Security Act 1964, that expiry date is the 12-month anniversary of the date on which the person’s sickness benefit commenced, or as the case may be, last commenced.

For a beneficiary who was, on 15 July 2013, transferred to jobseeker support from receipt of domestic purposes benefit for women alone by clause 10(6) to (8) of Schedule 32 of the Social Security Act 1964, that expiry date is the 12-month anniversary of the date on which the person’s domestic purposes benefit for women alone commenced, or as the case may be, last commenced.

The expiry date for sole parent support for the purposes of sections 331 to 336 of the Act is,—

1. in the case of a beneficiary receiving sole parent support to which the beneficiary was transferred on 15 July 2013 under clause 2(6) to (8) or (9) and (11) of Schedule 32 of the Social Security Act 1964, the 12-month anniversary of the date on which the beneficiary’s original benefit commenced or, as the case may be, last commenced; and
2. in any other case, the 12-month anniversary of the date on which the beneficiary’s sole parent support commenced or, as the case may be, last commenced.

For the purposes of subclause (1)(a), the beneficiary’s original benefit means the benefit that the beneficiary was receiving immediately before 15 July 2013 that was either—

1. a domestic purposes benefit under section 27B of the Social Security Act 1964; or
2. a widow’s benefit under section 21 of the Social Security Act 1964.

No specified benefit may be regranted under this regulation to a person to whom section 336 of the Act applies unless—

1. MSD has received—
   1. a reapplication form (provided by MSD for the purpose) completed by or on behalf of the beneficiary and the beneficiary’s spouse or partner (if any) to MSD’s satisfaction; and
   2. any supporting evidence reasonably required by MSD; and
2. the beneficiary and the beneficiary’s work-tested spouse or partner (if any) have participated, to the satisfaction of MSD, in a comprehensive work assessment of a kind specified by MSD.

Subclause (1)(b) is subject to subclause (8).

If, in relation to a person, the requirements of subclause (1) are completed on or before the expiry date (as defined in section 331(1) of the Act) for the person’s specified benefit,—

1. MSD must regrant the person’s specified benefit if MSD is satisfied that the person meets or continues to meet the eligibility criteria for that benefit; and
2. if regranted, that benefit commences on that expiry date.

If, in relation to each person, the requirements of subclause (1) are completed after, but within 20 working days after, the expiry date for the person’s specified benefit, and MSD is satisfied that there were exceptional circumstances that prevented those requirements from being completed on or before that expiry date,—

1. MSD must regrant the person’s specified benefit if MSD is satisfied that—
   1. the person meets the eligibility criteria (for example, the requirements in section 20 or 29 of the Act) for that benefit set out in Part 2 of the Act; and
   2. 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
2. if regranted, that benefit commences on that expiry date.

If a person intending to reapply for the specified benefit contacts MSD on or before the expiry date for the person’s specified benefit,—

1. MSD may set a time (being a time within 10 working days after that expiry date) before which the requirements of subclause (1) are to be completed; and
2. if those requirements are completed before that time, MSD may regrant that benefit under subclause (4).

Subclauses (1) to (5) apply for the purposes of section 297 of the Act.

The specified benefit must not be regranted under this regulation 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 297(1) of the Act and regulation 166, if the requirements of subclause (1)—

1. are not completed within 20 working days after the expiry date for the person’s specified benefit; or
2. were completed within that time but after that expiry date, and MSD is satisfied that there were no exceptional circumstances that prevented those requirements from being completed on or before that expiry date.

For the purposes of this regulation, a failure of a beneficiary’s work-tested spouse or partner to participate in a comprehensive work assessment in accordance with subclause (1)(b)—

1. must not be treated as a failure to complete the requirements of subclause (1); but
2. must be treated as a failure by that spouse or partner to comply with that spouse’s or partner’s work-test obligations.

This regulation applies to, and enables MSD to apportion between a beneficiary and the beneficiary’s spouse or partner, the following (other than benefits specified in section 442(3) of the Act):

1. a benefit payable at a rate prescribed for a person who is in a relationship (a couple rate):
2. any other benefit payable under the Act.

Benefits to which this regulation applies are payable as follows (unless they are apportioned differently by MSD under subclause (3)):

1. 50% must be paid to the beneficiary; and
2. 50% must be paid to the spouse or partner who qualifies the beneficiary to be paid at the couple rate.

If MSD determines that it would not be appropriate for benefits to which this regulation applies to be paid under subclause (2), they are payable—

1. wholly to the beneficiary (and so not at all to the spouse or partner who qualifies the beneficiary to be paid at the couple rate), if MSD determines that is appropriate; or
2. in any other unequal proportions MSD determines are appropriate, to the beneficiary and to the spouse or partner who qualifies the beneficiary to be paid at the couple rate.

When a benefit is apportioned under this regulation, the proportion paid to a person is for the purposes of the Income Tax Act 2007 income of that person.

This subclause applies if,—

1. on the death of a beneficiary, an amount of the benefit concerned (which may include an instalment already due that has not been paid and remains payable) is unpaid; and
2. the amount is not disposed of under section 346 of the Act (for example, to or for the benefit of the surviving spouse or partner, or a dependent child or children, of the beneficiary).

If subclause (1) applies,—

1. if probate of the beneficiary’s will has been granted, or letters of administration of the beneficiary’s estate have been issued, the amount must be paid to the beneficiary’s executor or administrator:
2. in any other case, the amount must be paid in accordance with section 65(2) and (3) of the Administration Act 1969.

Regulation 194 applies to a young person (subject to subclause (2)) if—

1. a specified payment (as defined in subclause (3)) is payable to a young person; and
2. the young person has given to MSD or to the young person’s contracted service provider the information required under all or any of section 162(1)(i) of the Act and regulations 166 and 173; and
3. the young person has not opted out under regulation 196.

Until the information required under all or any of section 162(1)(i) of the Act and regulations 166 and 173 has been given, a payment referred to in subclause (1)(a) must be paid to or on account of the young person entitled to it in accordance with section 339(1) of the Act.

In this subpart, specified payment, in relation to a young person, means,—

1. in accordance with section 341(3)(a) to (c) of the Act,—
   1. any youth support payment (including the in-hand allowance up to the maximum amount set out in clause 7 of Part 6 of Schedule 4 of the Act):
   2. any WFF tax credit payable to a young person by MSD:
   3. the amount of any child disability allowance or disability allowance to which a young person is entitled:
2. for the purposes of section 341(3)(d) of the Act,—
   1. the amount of any accommodation supplement, temporary additional support, or childcare assistance to which the young person is entitled (other than a payment for childcare assistance made to a provider under subpart 6 (childcare assistance) of Part 2 (assistance) of these regulations):
   2. the amount of any special assistance of an ongoing kind under section 101 of the Act to which the young person is entitled (other than a payment for childcare made to a provider under any such welfare programme):
   3. the amount of any incentive payment (as defined in Schedule 2 of the Act) payable to the young person:
   4. in relation to a young person to whom section 166(1) or 167(1) of the Act applies, the portion of the specified benefit payable to the young person under regulation 191 (apportionment):
   5. the amount of any winter energy payment payable to the young person.

MSD must pay each instalment of a specified payment payable to the young person in the following order and manner:

1. first, by paying such amount as MSD thinks reasonable in the circumstances of the young person directly towards the young person’s accommodation costs and service costs:
2. secondly, by paying such amount as MSD thinks reasonable in the circumstances of the young person directly towards the young person’s debts or other liabilities (including any reduction or deduction required or authorised under the Act):
3. thirdly, by paying to or on account of the young person the in-hand allowance up to the amount specified in clause 7 of Part 6 of Schedule 4 of the Act:
4. fourthly, unless subclause (2) applies, by crediting such amount as MSD thinks reasonable in the circumstances of the young person to a payment card, voucher, or device that enables the young person to obtain goods or services from a participating supplier.

Subclause (1) is subject to section 282(3)(c) of the Act.

In the case of the supply of goods or services to a young person by a non-participating supplier, MSD may pay the amount that would have been paid under subclause (1)(d) either—

1. directly to that supplier; or
2. to or on account of the young person.

In this regulation, participating supplier means a supplier who has agreed with the department (as defined in section 3(1) of the Social Security Act 1964) or MSD to supply goods or services to young persons on presentation of a payment card, voucher, or other device, and non-participating supplier means a supplier who has not so agreed.

MSD may pay all or part of the following payments to or on account of a young person to whom regulation 194 applies:

1. any disability allowance or child disability allowance:
2. any special assistance under section 101(1) of the Act that is not of an ongoing kind:
3. any payments of training incentive allowance under the employment readiness and work assistance programme, payments under the course participation assistance programme, or payments under the sole parent study assistance programme, established under section 101(1) of the Act:
4. any advance payment of all or part of 1 or more instalments of a benefit under section 347 of the Act.

Subclause (1) is subject to subclause (3).

MSD may only make a payment under subclause (1)(b) to (d) after first consulting the young person’s contracted service provider, if there is one.

A young person receiving a youth payment may opt out of money management if—

1. the young person is 18 years or older; and
2. the payment is being continued under section 54(3) of the Act.

A young person receiving a young parent payment may opt out of money management if—

1. the young person is 20 years or older; and
2. the payment is being continued under section 61(3) of the Act.

A young person opts out of money management by giving MSD written notice that the young person opts out of money management.

Regulation 194 does not apply to a young person who has opted out of money management under this regulation.

MSD, on the request of a young person who has opted out of money management under regulation 196 or has met the criteria set out in regulation 197 for managing the young person’s own payments, may pay all or part of a specified payment payable to the young person directly towards—

1. the young person’s accommodation and service costs:
2. the young person’s lawful debts or other liabilities (including any reduction or deduction required or authorised under the Act).

A request under subclause (1)—

1. must be in writing; and
2. must specify the costs, debts, or other liabilities towards which MSD must pay the payment; and
3. may be withdrawn or otherwise cancelled at any time.

An applicant and the applicant’s spouse or partner (if any) must,—

1. if required by MSD, complete an application form provided by MSD; and
2. provide any information, or give an answer to any question, that MSD reasonably requires to determine the applicant’s application.

MSD may require an applicant and the applicant’s spouse or partner (if any) to comply with subclause (1)(b)—

1. in the manner specified by MSD; and
2. whether or not they are required to complete the application form referred to in subclause (1)(a).

For the purposes of section 348 of the Act, the circumstances in which an applicant or the applicant’s spouse or partner (if any), or both, may be required to undertake a budgeting activity are as follows:

1. if the applicant has received 3 or more applicable payments within—
   1. the period that starts on the date of commencement of these regulations and ends on the date on which the application is made, if that period is less than 12 months; or
   2. the preceding period of 12 months that ends on the date on which the application is made, if that date is 12 months or more after the date of commencement of these regulations; or
2. if paragraph (a) does not apply to the applicant, but MSD, after taking into account the following matters, considers that it would be beneficial for the applicant or the applicant’s spouse or partner (if any), or both, to undertake a budgeting activity to better manage their finances:
   1. the applicant has received repeated applicable payments for the same cost (whether the payments were received before or after the date of commencement of these regulations):
   2. the applicant’s history of receiving multiple applicable payments (whether that history relates to a period before or after the date of commencement of these regulations):
   3. the amount of the applicant’s debts that are due to the Crown (within the meaning of section 353 of the Act) and whether that amount is materially significant to the management of the applicant’s finances.

If 1 or more applicable payments are made to the applicant on the same day, those payments are to be counted as 1 applicable payment under this regulation.

For the purposes of the definition of appropriate number of weeks in clause 11 of Part 3 of Schedule 3 of the Act and a benefit, the number of weeks is the appropriate number of weeks specified for that benefit in Schedule 6 of these regulations.

Subclause (1) does not prevent MSD, with the agreement of a person whose income would otherwise be determined (under clause 13 of Part 3 of Schedule 3 of the Act) over 52 weeks, determining that person’s income over the period of 1 week.

An agreement with a person under subclause (2) may be ended by the person or by MSD at any time by notice to the other.

MSD’s duty under section 362 of the Act to recover debts is subject to—

1. regulation 208 (debts caused wholly or partly by errors to which debtors did not intentionally contribute):
2. regulation 208A (debts caused by disruption to automated electronic system):
3. regulation 208B (debts caused by specified errors identified through information share child support payment reviews):
2. subpart 11 (debt recovery suspension) of this Part, or any other regulations (providing for remittance or suspension of debt) made under section 444 of the Act:
3. a determination (about debts that it is uneconomic to recover) made under subclause (2):
4. an authorisation (about debts that are to be written off) of the kind specified in subclause (3).

MSD may, for the purposes of subclause (1)(c), make a written determination specifying any 1 or more debts, or any 1 or more classes, descriptions, or kinds of debts, that it is uneconomic to recover.

An authorisation referred to in subclause (1)(d) is a written authorisation (for example, a delegation)—

1. given jointly by the Minister and by the Minister of Finance for public finance purposes generally; and
2. that specifies any 1 or more classes, descriptions, or kinds of debts as debts that are to be written off.

MSD cannot recover under the Act a sum comprising that part of a debt that was caused wholly or partly by an error to which the debtor did not intentionally contribute if—

1. the debtor—
   1. received that sum in good faith; and
   2. changed the debtor’s position in the belief that the debtor was entitled to that sum and would not have to pay or repay that sum to MSD; and
2. it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery.

In this regulation, error—

1. means—
   1. the provision of incorrect information by MSD:
   2. any erroneous act or omission of MSD that occurs during an inquiry under section 298 of the Act:
   3. any other erroneous act or omission of MSD; but
2. does not include the simple act of making a payment to which the recipient is not entitled if that act is not caused, wholly or partly, by any erroneous act or omission of MSD.

In subclause (2), MSD includes a contracted service provider whose action or inaction is under section 377(c) of the Act treated as if it were action or inaction by MSD.

MSD cannot recover under the Act a sum comprising a debt, or that part of a debt, that was caused wholly or partly by a disruption to an automated electronic system.

In this regulation,—

MSD cannot recover under the Act a sum comprising a debt, or that part of a debt, that was caused wholly or partly by a specified error identified through an information share child support payment review.

In this regulation,—

MSD must, in performing its duty under section 362 of the Act to recover a debt, determine from time to time—

1. the rate of recovery; and
2. the method or methods of recovery to be used.

The methods of recovery that MSD may determine under subclause (1)(b) are to be used are any of the following:

1. bring proceedings in the name of the chief executive:
2. deduct all or part of that debt from any amount payable to that person by MSD as a benefit or a student allowance:
3. for a debt referred to in regulation 206(d) (recoverable special assistance money under an approved welfare programme), deduct all or part of that debt from any payment of a grant of special assistance under a programme approved under section 101 of the Act:
4. issue a deduction notice under regulation 217.

MSD must, in making the determinations required by subclause (1), have regard to—

1. relevant considerations specified in debt recovery directions given under regulation 211; and
2. all other relevant considerations.

Despite subclauses (1)(a) and (3), the rate of recovery of a debt that is an emergency housing contribution must be one that is not inconsistent with the provisions of the Special Needs Grants Programme (as those terms are defined in regulation 3(1)) about recovery of a debt of that kind.

This regulation applies to MSD when it is performing its duty under section 362 of the Act to recover a debt.

MSD may defer temporarily recovery of the debt if MSD is satisfied that, in the particular case, there exist circumstances of a kind specified by debt recovery directions given under regulation 211.

However, nothing in this regulation enables MSD to defer temporarily recovery of a debt that is an emergency housing contribution.

The Minister must give to MSD, and ensure that there are in force (as from time to time amended or replaced) at all times on and after 26 November 2018, debt recovery directions for the purposes of regulations 209 and 210.

Debt recovery directions given under this regulation may, without limitation,—

1. specify for regulation 209 considerations that differ, or that contemplate different rates of recovery, or methods of recovery, or both, for determinations in respect of different kinds of debts referred to in regulation 206:
2. specify for regulation 210 different kinds of circumstances for different kinds of debts referred to in regulation 206.

Debt recovery directions given under this regulation are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

This regulation applies to the estate of a deceased beneficiary (A) if, on or after A’s death, MSD finds A to have been disqualified for any reason from obtaining the benefit, or a benefit of the amount, granted to A.

An amount, to be assessed by MSD, equal to the total amount paid to A in excess of the amount (if any) to which A was by law entitled is a debt due to the Crown from, and may be recovered in proceedings brought by or on behalf of the chief executive against, A’s estate.

Recovery of the amount is subject to regulation 208 (but to nothing else in regulations 207 to 211).

This regulation applies to the estate of a deceased spouse or partner (B) of a beneficiary (A) if, on or after B’s death, MSD finds A to have been granted for any reason a benefit, or a benefit of an amount, to which A was not by law entitled.

An amount, to be assessed by MSD, equal to the total amount paid to A in excess of the amount (if any) to which A was by law entitled is a debt due to the Crown from, and may be recovered in proceedings brought by or on behalf of the chief executive against, B’s estate.

Recovery of the amount is subject to regulation 208 (but to nothing else in regulations 207 to 211).

In determining under regulation 212 or 213 the total amount paid to A by way of benefit in excess of the amount (if any) to which A was by law entitled, any property that, when A or B died, was in A’s or B’s possession must be taken to have been in A’s or B’s possession on a date that MSD determines and that is, or is after, the date on which the benefit was first granted.

Subclause (1) is overridden to the extent that the contrary is—

1. proved in proceedings for the recovery of that excess amount; or
2. decided by the District Court on an application under regulation 215(1).

Written notice of an assessment under regulation 212 or 213 must be served on the executor or administrator of the estate.

An executor or administrator of an estate on whom a notice is served under regulation 214(3) may, within 1 month after the service, apply to the District Court to review 1 or both of the following:

1. the assessment under regulation 212 or 213:
2. any decision of MSD under regulation 214(1) in relation to the assessment.

The District Court has jurisdiction in respect of the application irrespective of the amount of the assessment.

The application must not be heard in open court.

The court may receive as evidence any statement, document, information, or matter that may in its opinion assist the court to deal effectively with the application, whether or not the same would be otherwise admissible in a court of law.

In determining the application, the court must accept a date determined under regulation 214(1) by MSD as the date on which any property was in the possession of the deceased, unless the court is satisfied from the evidence produced that some other date should be fixed.

In determining the application, the court may—

1. confirm or cancel, or increase or reduce the amount of, the assessment; or
2. make any order it considers just and equitable in the circumstances.

MSD may issue to a debtor’s payer a written deduction notice that requires the debtor’s payer to—

1. deduct the amount due (as a lump sum, or by instalments) from a sum that is or becomes payable by the debtor’s payer to the debtor; and
2. pay to MSD by a time, or by any times, specified in the notice, the amount or amounts deducted.

MSD cannot issue a deduction notice unless MSD has first taken other reasonably practicable steps (but this subclause does not require MSD to take court or tribunal proceedings) to recover the debt.

Every deduction notice operates subject to regulations 224 (protected earnings), 225 (variation or discharge), and 226 (payer penalty for late deductions).

MSD must specify in the deduction notice—

1. whether the deduction is to be made as a lump sum or by instalments; and
2. the time or times by which the debtor’s payer to whom the deduction notice is issued must pay to MSD the amounts deducted; and
3. the date, on or after the date on which the deduction notice is issued, on which the deduction notice takes effect.

MSD must issue a copy of the deduction notice to the debtor at the debtor’s last known place of residence or business.

MSD may at any time revoke a deduction notice issued to a debtor’s payer by giving written notice, or by issuing a new deduction notice, to the debtor’s payer.

MSD must revoke a deduction notice if satisfied, on a request for the purpose made by or on behalf of the debtor, that the amount due has been paid.

This regulation applies if a debtor’s payer to whom a deduction notice has been issued deducts, under the notice, any money payable to a debtor.

The debtor is, to the extent of the amount deducted, discharged from the debtor’s debt due to the Crown.

If the debtor’s payer to whom the deduction notice is issued is a bank, any money held by the bank to the credit of the debtor is subject to regulation 217, and the amount required to be deducted under the deduction notice is, without prejudice to any other remedies against the debtor or any other person,—

1. deemed to be held in trust for the Crown; and
2. recoverable from the bank under regulation 206(f) and section 362 of the Act as if it were money payable under a benefit to which the debtor was not entitled.

In this regulation, bank means any of the following:

1. a registered bank (within the meaning of the Banking (Prudential Supervision) Act 1989):
2. any other person carrying on in New Zealand the business of banking:
3. a private savings bank:
4. a credit union within the meaning of the Friendly Societies and Credit Unions Act 1982:
5. a building society within the meaning of the Building Societies Act 1965:
6. the Reserve Bank of New Zealand continued under the Reserve Bank of New Zealand Act 2021, but only in relation to an account maintained by that bank for an employee of that bank.

In this regulation, money held by the bank to the credit of the debtor includes interest on any money that is on deposit or deposited with a bank to the credit of the debtor, whether or not—

1. the deposit or depositing is on current account:
2. the money is to be at interest at a fixed term or without limitation of time:
3. the debtor has made any application to withdraw or uplift the money.

Money on deposit with a bank is, for the purposes of this regulation, taken to be held by the bank to the credit of the debtor if the money—

1. is held in a joint bank account in the name of the debtor and 1 or more other persons; and
2. can be withdrawn from the account by or on behalf of the debtor without a signature being required at the time of that withdrawal from, or on behalf of, the other person or persons.

A debtor’s payer who makes a deduction under a deduction notice is taken to be acting—

1. on the authority of the debtor and of any other person concerned; and
2. on behalf of the Crown.

Neither the debtor, nor any other person concerned, has a claim against the debtor’s payer making the deduction, or the Crown, in respect of that deduction.

Any amounts deducted must be held in trust for the Crown, and are debts due to the Crown under regulation 206(f), and subject to recovery under section 362 of the Act, from the debtor’s payer who makes the deductions, as if the amounts were money payable under a benefit to which the debtor’s payer who made the deduction was not entitled.

Any holding and recovery under subclause (3) is without prejudice to any other remedies against the debtor or any other person.

If a deduction notice is issued to an employer of a debtor, the employer must not, in making deductions under the deduction notice, reduce the amount paid to the debtor by way of salary or wages in respect of any week to an amount that is less than 60% of the amount calculated as being the debtor’s net ordinary weekly pay for a week.

The debtor’s net ordinary weekly pay for a week, for the purposes of this regulation, is the balance left after deducting from the debtor’s ordinary weekly pay (as defined in section 8 of the Holidays Act 2003) the amount of tax required to be withheld or deducted in accordance with the PAYE rules of the Income Tax Act 2007 if that ordinary weekly pay were the only salary or wages paid to the debtor by the employer in respect of a week.

This regulation overrides anything to the contrary in regulations 216 to 223, 225, and 226.

This regulation applies to a debtor’s payer to whom a deduction notice is issued, or a debtor, who thinks a deduction notice has been issued in error or contains an error.

The debtor’s payer or debtor may bring the matter to the notice of MSD.

If the matter is not resolved to the debtor’s payer’s or debtor’s satisfaction within 5 working days after the day on which the debtor’s payer or debtor brings it to the notice of MSD, the debtor’s payer or debtor may apply (without notice to MSD) to a Registrar of the District Court for the variation or discharge of the notice.

The Registrar may vary or discharge the notice if satisfied that an error has been made, and that the notice ought to be varied or discharged.

The variation or discharge takes effect when notice of it is given under regulation 238 to the debtor’s payer or debtor.

The Registrar must immediately send MSD a copy of the variation or discharge of the notice.

This regulation applies to a debtor’s payer to whom a deduction notice has been issued if the debtor’s payer fails wholly or in part to—

1. make a deduction required to be made by the notice; or
2. pay an amount deducted under the notice to MSD by the time specified in the notice.

The debtor’s payer is liable to pay to MSD a penalty calculated as follows:

1. on the amount in default, 10% of that amount or $5, whichever is the greater:
2. for each additional month or part of a month during which the amount in default or a part of it has not been deducted or, as the case may be, has not been paid to MSD, a further penalty of 2% of the amount or part in default, or $1, whichever is the greater.

MSD may remit all or part of the penalty payable, or may refund all or part of the penalty paid, to MSD under this regulation if satisfied—

1. that the failure to make the deduction or make the payment was due to circumstances reasonably beyond the debtor’s payer’s control; or
2. that the imposition of that penalty would in all circumstances be inequitable.

A penalty payable to MSD under this regulation is a debt due to the Crown for the purpose of regulation 206(f), and subject to recovery under section 362 of the Act, from the debtor’s payer as if the penalty were money payable under a benefit to which the debtor’s payer was not entitled.

A person complies with this regulation if—

1. the person is 18 years old or older; and
2. MSD is satisfied that the person has entered, or is to enter, into a permanent employment position; and
3. the person complies with subclause (2).

A person complies with this subclause if—

1. the person is, or is treated as, a person receiving a working-age benefit; or
2. the person has been granted a working-age benefit that, under section 313 of the Act, is subject to a stand down and commences on a date calculated in accordance with section 316 of the Act; or
3. the person is a full-time student who is not undertaking holiday employment; or
4. the person—
   1. is not, and is not treated as, a person receiving a working-age benefit; and
   2. has moved or is moving from a permanent employment position or position of employment of some other kind (the first position) to a permanent employment position (the second position); and
   3. has commenced or is to commence employment in the second position after (but not more than 4 weeks after) the person’s employment in the first position terminated or is to terminate; or
5. the person—
   1. is not, and is not treated as, a person receiving a working-age benefit; and
   2. is a person who MSD is satisfied is re-entering or has re-entered the workforce.

MSD may for the purposes of these regulations treat a person younger than 18 years as a person who complies with this regulation if—

1. the person complies with subclause (1)(b) and (c); and
2. MSD considers there are special circumstances that warrant that treatment.

A person eligible to request suspension may, at any time before the suspension deadline,—

1. make a request that recovery of the person’s benefit debts be suspended (a request for suspension); or
2. withdraw a request for suspension the person made.

A request for suspension may be made orally or in writing to MSD but, if made orally, must as soon as practicable be confirmed in writing.

A withdrawal of a request for suspension must be made in writing to MSD.

A request for suspension, or withdrawal of one, must be treated as having been made when it is received by MSD.

A person is not prevented from making or withdrawing a request for suspension just because the person has, in accordance with this regulation,—

1. made 1 or more earlier requests for suspension; and
2. withdrawn those 1 or more earlier requests.

This regulation applies to a person who—

1. is a person eligible to request suspension; and
2. has, in accordance with regulation 231, made a request for suspension; and
3. has not, in accordance with regulation 231, withdrawn the request.

Benefit debts of a person to whom this regulation applies must not, during the period of suspension, be recovered in any of the following ways:

1. by way of proceedings or deductions, and under subpart 10:
2. by way of the issuing of, or deductions under, a deduction notice.

As soon as practicable after this regulation starts to apply to a person, MSD must give a notice revoking the deduction notice in respect of every deduction notice that—

1. relates to benefit debts of the person; and
2. has not already been revoked or otherwise ceased to have effect.

MSD must take all practicable steps to ensure that a notice given in accordance with subclause (3) is received—

1. as soon as practicable, if the person has commenced employment in the permanent employment position when the request for suspension is made; and
2. as soon as practicable after the person commences employment in the permanent employment position, if the person has not commenced employment in that position when the request for suspension is made.

This regulation applies to a person described in regulation 232(1) who is, or is treated as, a person who is receiving, or has been granted, a working-age benefit.

Recovery of the person’s benefit debts must not be suspended in accordance with regulation 232 unless—

1. the working-age benefit or, as the case may be, the grant of that benefit, has been cancelled; or
2. the person is treated as a person who was receiving a working-age benefit that has now been cancelled.

This regulation overrides regulation 232.

Suspension of the recovery of a person’s benefit debts in accordance with regulation 232 ceases if the person—

1. receives a working-age benefit; or
2. is treated as a person receiving a working-age benefit.

This regulation overrides regulation 232.

This regulation applies to a person (person A) who is the spouse or partner of another person (person B) who is receiving, in person B’s own right, the whole or a portion of New Zealand superannuation or a veteran’s pension paid at a grandparented rate.

Person A must, unless subclause (3) applies, be treated for the purposes of this subpart as a person receiving a working-age benefit.

Person A must instead be treated for the purposes of this subpart as a person who was receiving a working-age benefit that has now been cancelled if—

1. person B elects to no longer receive New Zealand superannuation or a veteran’s pension paid at a grandparented rate (as referred to in clause 7(2)(b) of Schedule 1AA of the New Zealand Superannuation and Retirement Income Act 2001); and
2. because of that election, the appropriate rate of benefit payable to person B is the whole or a portion of New Zealand superannuation or a veteran’s pension paid at a couple rate other than a grandparented rate.

In this regulation,—

This regulation applies to a person (person A) who is the spouse or partner of another person (person B) if person B has been granted a working-age benefit payable at the rate for a person whose spouse or partner has not been granted a benefit in the spouse’s or partner’s own right.

Person A must, unless subclause (3) applies, be treated for the purposes of this subpart as a person receiving a working-age benefit.

If person A commences employment in a permanent employment position and the rate of benefit payable is abated, on account of the income from the employment, to half, or less than half, of the rate referred to in subclause (1), person A must instead be treated for the purposes of this subpart as a person who was receiving a working-age benefit that has now been cancelled.

This regulation specifies ways in which MSD or a person can meet a requirement in the Act or these regulations to give to another person or MSD a written notice or other document.

The written notice or other document may be given to an individual (other than an officer or employee in the service of the Crown in that person’s official capacity)—

1. personally in hard copy form; or
2. by leaving it in hard copy form at that person’s usual or last known place of residence or business or at the address specified by that person in any application or other document received from that person; or
3. by posting it in hard copy form in a letter addressed to that person at that place of residence or business or at that address; or
4. by an electronic means (with the individual’s express or inferred consent) in accordance with Part 4 of the Contract and Commercial Law Act 2017.

The written notice or other document may be given to any other person, including an officer or employee in the service of the Crown in that person’s official capacity,—

1. if applicable, personally in hard copy form; or
2. by leaving it in hard copy form at that person’s place of business; or
3. by posting it in hard copy form in a letter addressed to that person at that place of business; or
4. by an electronic means (with the person’s express or inferred consent) in accordance with Part 4 of the Contract and Commercial Law Act 2017.

Written notices or other documents given by post are, in the absence of evidence to the contrary, taken to have been received by the person on the fourth day after the date on which the letter was posted (and, in proving postal delivery, it is enough to prove the letter was properly addressed and posted).

This regulation—

1. is subject to section 254 of the Act (how notice of sanction may be given); and
2. operates under sections 392(2), 400(2), and 412(2) of the Act.

A reciprocity agreement may contain and include mutual assistance provisions of 1 or both of the following kinds:

1. provisions for the Government of New Zealand and the Government of another country to provide each other with assistance in the recovery of social security debts:
2. provisions for those Governments to supply each other with information for social security purposes.

No mutual assistance provision of the kind referred to in subclause (1)(a) may be contained and included in a reciprocity agreement unless the agreement is subject to—

1. the terms and conditions set out in regulation 241; or
2. terms and conditions that are to an equivalent effect.

No mutual assistance provision of the kind referred to in subclause (1)(b) may be contained and included in a reciprocity agreement unless the agreement is subject to—

1. the terms and conditions set out in regulation 242; or
2. terms and conditions that are to an equivalent effect.

The terms and conditions referred to in regulation 240(2)(a) are as follows:

1. assistance to recover any social security debt of a party may be provided by the other party only in respect of a debt—
   1. that has been found or determined to be owing in the country concerned by a court or tribunal having jurisdiction in the matter, or by a person, a body, or an organisation in that country acting administratively within the terms of a lawful authorisation; and
   2. in respect of which any right of review of or appeal against the determination of the debt, under the law under which the debt was determined (other than a right of judicial review or complaint under laws relating to administrative decisions generally, or under human rights laws),—
      1. has been exhausted or has expired; or
      2. if there is no time limit for the exercise of any such right, has not been exercised, or has been exercised and the review or appeal has been finally determined; and
   3. that may be lawfully recovered under the laws of that country; and
   4. that was first found or determined to be owing less than 5 years before the date that the request for assistance is made, except as provided in subclause (3):
2. when providing assistance to recover any social security debt of a party, the party giving the assistance is not required to—
   1. give priority to the recovery of social security debts of the other party; and
   2. take any measures for recovery not provided for under the laws relating to the recovery of debts of that party:
3. a party cannot seek to recover a social security debt by imprisonment of the individual by whom it is owed or of any other individual:
4. any recovery of a social security debt of a deceased individual is limited to the value of that individual’s estate:
5. any institution, court, or tribunal involved in the recovery of a social security debt may defer recovery of the debt, or may order or arrange for the debt to be paid in instalments, if—
   1. the institution, court, or tribunal has the power to do so; and
   2. it is its normal practice to do so:
6. a party may give assistance only in respect of a social security debt that the requesting institution has certified is of a kind described in paragraph (a)(i) to (iv):
7. if a party gives assistance in respect of a social security debt for which there is no time limit for exercising a right of review of or appeal against the determination of the debt under the law under which the debt was determined, or for which there is a time limit but a right of review or appeal may be exercised after its expiry in the discretion of the court or tribunal or body or person concerned, or in the discretion of any other person,—
   1. the requesting institution must immediately advise the requested institution if a right of that kind is exercised; and
   2. the requested institution must defer recovery of the debt until notified by the requesting institution that the review or appeal is finally determined:
8. the party requesting assistance to recover a social security debt must pay the costs of the other party of recovering the debt, including court costs or other fees payable under the laws of that party.

For the purposes of subclause (1)(a)(ii), a right of review or appeal under the law under which a debt was determined has expired—

1. if the right has not been exercised within the time limit provided for its exercise; and
2. irrespective of whether the court or tribunal or body or person that would have jurisdiction in respect of the review or appeal, or any other person, retains a discretion (however expressed in that law) to allow the right of review or appeal to be exercised after that time.

If an institution, a court, or a tribunal defers the recovery of a social security debt, or orders or arranges for a social security debt to be paid by instalments, the 5-year period referred to in subclause (1)(a)(iv) is extended by the period of deferral or, as the case requires, the period over which the debt is to be paid by instalments.

The terms and conditions referred to in regulation 240(3)(a) are as follows:

1. a request for information relating to an individual may be made only for social security purposes:
2. the requested institution of a party may supply to the requesting institution any information about the person to whom the request relates that it holds or is lawfully able to obtain:
3. the requesting institution of a party (the requesting party) to whom information is supplied by the requested institution of the other party may supply that information to the taxation authorities of the requesting party for either or both of the following purposes:
   1. making an assessment of the tax due by any person under the laws of the requesting party relating to taxation:
   2. detecting tax fraud or tax evasion under the laws of the requesting party:
4. every request for and supply of information made by and to the competent institutions of the parties must be made in terms of an agreement between the competent institutions of the parties that—
   1. specifies the types of information that the competent institutions may supply to each other; and
   2. limits the supply of information to the types of information specified; and
   3. in relation to New Zealand, contains, with all necessary modifications, the safeguards (subject to subparagraph (iv)) required to be set out in an information matching agreement within the meaning of section 178 of the Privacy Act 2020; and
   4. in relation to New Zealand, requires the information matching rules set out in clause 3 of Schedule 6 of the Privacy Act 2020, with all necessary modifications, to be applied; and
   5. in relation to New Zealand, has been agreed to by the Privacy Commissioner, the Commissioner having had regard to the matters in section 381(2)(a) of the Act:
5. any information supplied by a party to the other party must be subject to the same privacy protections (subject to paragraphs (b) and (c)) as any other personal information obtained under the social security laws of the other party:
6. no party that receives, under the agreement, personal information about any individual from the competent institution of the other party may supply that information to any other country without the prior written consent of that competent institution or the individual concerned:
7. a party must supply the competent institution of the other party with any information required by that institution to answer any questions or to make any report or return required by a person or body authorised to monitor compliance with that party’s privacy laws.

In relation to New Zealand, section 178(3) of the Privacy Act 2020 applies, with any necessary modifications, to an agreement under subclause (1)(d) between the competent institutions of the parties.

This regulation applies if information received by MSD from the competent institution of another country under a mutual assistance provision of the kind referred to in regulation 240(1)(b) has produced a discrepancy, and as a result MSD proposes to take an adverse action against an individual.

MSD must give that individual written notice—

1. specifying particulars of the discrepancy and of the adverse action MSD proposes to take; and
2. stating that the individual has 5 working days from the receipt of the notice in which to show cause why that action should not be taken.

MSD cannot take an adverse action against an individual to whom a notice has been sent until the expiry of the 5 working days referred to in subclause (2)(b).

Subclauses (2) and (3) do not prevent MSD from taking adverse action against an individual if compliance with the requirements of subclause (2) would prejudice an investigation into the commission, or the possible commission, of an offence.

A written notice to be given under subclause (2) may be given as specified in regulations made under the Privacy Act 2020 for the giving of notices under section 181 of that Act.

A failure by MSD to comply, in relation to an individual, with subclause (2) is taken for the purposes of Part 5 of the Privacy Act 2020, to constitute a failure to comply with the provisions of subpart 4 of Part 7 of that Act.

In this regulation and regulation 244, expressions defined in section 177 of the Privacy Act 2020 have the meanings so defined, with any necessary modifications.

This regulation applies if information received by MSD from the competent institution of another country under an information exchange provision to which subclause (4) applies—

1. contains identifying information about an individual (including the unique identifier assigned to that individual by that institution) who has applied for a benefit payable under the agreement in either country; and
2. produces a discrepancy with information already held by MSD about that person.

MSD must give that individual written notice (unless MSD has previously given notice under this subclause to that individual, whether for the discrepancy or another discrepancy)—

1. specifying particulars of the discrepancy and of the action MSD proposes to take as a result of that discrepancy; and
2. specifying the unique identifiers assigned to that individual by the competent institutions of both countries; and
3. informing that individual that information received from the other country about that individual will be matched with information in MSD’s possession using those unique identifiers; and
4. specifying the kinds of information about the individual that MSD is likely to receive from the other country under the agreement; and
5. specifying the kinds of actions that MSD may take as a result of information about that individual received at any later time from the other country under the agreement; and
6. specifying the likely consequences of those actions for any benefit payable to that individual under the agreement or otherwise; and
7. stating that the individual has 5 working days from the receipt of the notice to show cause why MSD should not take the action referred to in paragraph (a) or actions of the kinds referred to in paragraph (e).

After the 5 working days referred to in subclause (2)(g), MSD need not comply with regulation 243(2) and (3) in respect of any information that is—

1. later received from the other country under the provision; and
2. received for a purpose set out in subclause (4); and
3. matched against information held by MSD using the unique identifiers assigned to the individual concerned by the competent institutions of both countries.

This subclause applies to a provision that is contained in a reciprocity agreement, and that is a provision of the kind referred to in regulation 240(1)(b), but only if the social security purposes concerned are wholly or principally the administration of the agreement itself, and the parties to the agreement are likely often to exchange information about individuals for all or any of the following purposes:

1. granting or paying benefits under the agreement:
2. calculating the rates of benefits payable under the agreement:
3. calculating the rates of other benefits that are affected by the rates of benefits payable under the agreement.

The committee must, as soon as practicable after it receives an application for review, review the decision.

In reviewing the decision, the committee may, in accordance with the Act, decide to confirm, vary, or revoke the decision.

The committee must give written notice of its decision on the review to the applicant for review.

The written notice must include the reasons for the decision, and advice that the applicant has, under sections 395 to 399 of the Act, a right to appeal to the appeal authority against the decision if the committee has, under this regulation, confirmed or varied MSD’s decision.

An appeal under section 397, 398, or 399 of the Act is begun by a written notice of appeal.

The notice of appeal must state with particularity the grounds of appeal and the relief sought.

The notice of appeal must be lodged with the Secretary of the appeal authority within the period allowed by section 400 of the Act.

The parties to an appeal to the appeal authority are—

1. the person to whom section 397, 398, or 399 of the Act gives the right to appeal against the decision (the appellant); and
2. MSD.

Before or immediately after the notice of appeal is lodged, the appellant must provide a copy of it to MSD.

MSD must, as soon as possible after receiving the copy of the notice of appeal, send to the Secretary of the appeal authority copies of the following:

1. any application, documents, written submissions, statements, reports, and other papers lodged with, received by, or prepared for, MSD and relating to the decision appealed against:
2. a copy of any notes made by or by direction of MSD of the evidence given at the hearing (if any) before MSD:
3. any exhibits in the custody of MSD:
4. a copy of the decision appealed against:
5. a report setting out the matters considered in making the decision.

The authority may direct that MSD send a further report to the Secretary of the appeal authority (as well as the report sent under subclause (1)(e)).

MSD must give or send promptly to each other party to the appeal a copy of every report or further report sent under subclause (1)(e) or (2).

Each other party to the appeal is entitled to be heard and to offer evidence on a matter referred to in a report or further report sent under subclause (1)(e) or (2).

Subclause (4) is subject to regulation 250(3).

The appeal authority must, as soon as convenient after receiving a notice of appeal,—

1. fix a time and place for the hearing of the appeal; and
2. give the appellant and MSD a reasonable period of notice of the hearing.

The reasonable period of notice must be at least 10 days (excluding both the day of giving the notice and the day of the hearing).

Subclause (1) does not apply if the authority considers that the appeal can be properly determined without a hearing.

This regulation applies to an appellant whom the appeal authority requests to appear before it if the appellant does so.

MSD must, out of money appropriated by Parliament for the purpose, pay the actual and reasonable travelling and accommodation expenses (if any) incurred by the appellant.

Every appeal to the appeal authority against a decision of MSD must be by way of rehearing; but if any question of fact is involved in any appeal, the relevant evidence taken before or received by MSD must, subject to any special order, be brought before the authority as follows:

1. in respect of any evidence given orally, by the production of a copy of the notes of MSD or of any other material the authority thinks expedient:
2. in respect of any evidence taken by affidavit and any exhibits, by the production of the affidavits and any exhibits that may have been sent to the authority by MSD, and by the production by the parties to the appeal of any exhibits in their custody.

Subclause (1) is subject to regulation 250(3).

On an appeal against a decision of MSD, despite subclause (1), the authority—

1. may rehear all or any part of the evidence; and
2. must rehear the evidence of a witness if the authority has reason to believe that any note made by MSD of the evidence of that witness is or may be incomplete in a material particular.

The authority has full discretionary power to hear and receive evidence or further evidence on questions of fact, whether by oral evidence, by affidavit, or by evidence given by other written means or by electronic means.

The authority must also have regard to any report lodged by MSD under regulation 249 and to any matters referred to in it and to any evidence offered on it, whether or not those matters would be otherwise admissible in evidence.

In the exercise of its powers under this regulation, the authority may receive as evidence any statement, document, information, or matter that, in the authority’s opinion, may assist it to deal with the matters before it, whether or not the same would be admissible in a court of law.

The authority may confirm, modify, or reverse the decision appealed against.

Subclause (1) enables the authority to exercise or perform only powers, duties, functions, and discretions that MSD had in respect of the same matter.

Despite subclause (1), the authority may refer to MSD for further consideration all or a part of the matter to which an appeal relates.

The authority must advise MSD of its reasons for the referral and give any directions it thinks just in respect of the rehearing or reconsideration or otherwise of all or a part of the matter referred.

If an appeal is allowed in whole or in part, or all or a part of the matter is referred back to MSD, the authority may allow the appellant the costs of bringing all or a part of the appeal.

If an appeal is not allowed, no award of costs can be made against the appellant unless, in the authority’s opinion, the appeal was frivolous or vexatious or ought not to have been brought.

The amount of costs awarded must be stated in the order.

If an award of costs is made under this regulation and any sum remains unpaid, the person in whose favour the award or order was made may obtain from the Secretary of the authority a certificate under seal of the sum awarded. If the certificate is filed in the District Court, it may be enforced in respect of the amount specified in it (if any) that is still owing as if it were a judgment of that court.

This regulation applies if an appeal is allowed in whole or in part and the authority has incurred costs in hearing and determining the appeal.

The authority may, if it considers it appropriate, require MSD to pay a sum fixed by the authority to cover all or part of those costs.

An appellant begins an appeal under section 405 of the Act by lodging a written notice of appeal with the Secretary of the authority within the period allowed by section 406 of the Act.

The appellant must promptly deliver or post a copy of the lodged notice of appeal to every other party to the proceedings.

The appellant must state in writing, and lodge with the Secretary of the authority, a case stated for the court’s opinion on a question of law only.

The appellant’s written case stated must be lodged within the period allowed by section 406(2) or (3) of the Act.

The appellant’s written case stated must set out the facts and the grounds of the determination, and must specify the question of law on which the appeal is made.

The appellant must promptly deliver or post a copy of the lodged written case stated to every other party to the proceedings.

If the appellant does not lodge a case stated under section 406(2), (3), or (4) of the Act, the authority’s chairperson may certify that the appeal has not been prosecuted.

The Secretary of the authority must, as soon as practicable after the lodging of the appellant’s written case stated, submit it to the authority’s chairperson.

The chairperson must, as soon as practicable, settle the case stated, sign it, send it to the Registrar of the High Court at Wellington, and make a copy available to each party.

The chairperson may, if the chairperson considers it necessary to do so, hear the parties on how the written case stated should be settled by the chairperson.

The authority states the case stated for the court’s opinion when the authority’s chairperson settles and signs the written case stated lodged by the appellant.

An applicant or a beneficiary begins an appeal under section 411 of the Act to the medical board by lodging a written notice of appeal with the board within the period allowed by section 412 of the Act.

The notice of appeal must state with particularity the grounds of appeal and the relief sought.

Before or immediately after the lodging of the notice of appeal, a copy of it must be provided to MSD.

The services set out in subclause (2), which are services in relation to all or any of Parts 1 to 6 of the Act, are stated for the purposes of section 373(1)(b) of the Act (and so are services for a section 373 services contract) if—

1. the contract is for the provision of services to beneficiaries for the purposes of subpart 2 of Part 2, sections 120 to 126, 138 to 161, and 170(2)(c)(ii), and Part 5 of the Act; and
2. those beneficiaries are in receipt of a main benefit or are the spouse or partner of a person granted a main benefit; and
3. those beneficiaries are required to comply with sections 124 and 125 of the Act or section 125 only.

The services are—

1. services for the active case management of beneficiaries who have work-preparation obligations under section 125 of the Act:
2. services for carrying out an individualised needs assessment for each beneficiary:
3. services for planning for the preparation of a beneficiary for employment:
4. services for assisting a beneficiary to arrange and attend an interview for employment:
5. services for maintaining relationships between a beneficiary and the beneficiary’s health and social service providers, prospective employers, and training or education providers:
6. services for assisting, monitoring, or reporting on a beneficiary’s compliance with the beneficiary’s work-preparation obligations under section 125 of the Act:
7. services that facilitate access to other services that will assist the beneficiary to prepare for employment (such as transport and childcare services):
8. services for identifying, and helping with, arrangements for overcoming factors that impede a beneficiary’s entering or continuing in employment, or both, including (but not limited to) domestic and social circumstances, health or disability conditions, drug or alcohol use, transport, childcare, and workplace facilities.

The services set out in subclause (2), which are services to beneficiaries in relation to sections 131 to 135 and 170(2)(c)(iii) of the Act, are stated for the purposes of section 373(1)(b) of the Act (and so are services for a section 373 services contract).

The services are—

1. services for assisting a beneficiary to understand, or to take all reasonable steps to comply with, the following obligations:
   1. enrolling a dependent child in an approved early childhood education programme and ensuring that the child attends that programme:
   2. enrolling a dependent child at a registered school and ensuring that the child attends that school:
   3. enrolling a dependent child with a primary health care provider:
   4. ensuring that a dependent child completes a Well Child check or similar programme:
2. services for assisting a beneficiary to prepare for and to attend an interview with MSD under section 135(a) of the Act:
3. services for educating a beneficiary on how to report on the beneficiary’s compliance with the beneficiary’s social obligations under section 135(b) of the Act:
4. services for assisting, monitoring, or reporting on a beneficiary’s compliance with the beneficiary’s social obligations under sections 131 to 135 of the Act.

The services set out in subclause (2), which are services in relation to all or any of Parts 1 to 6 of the Act, are stated for the purposes of section 373(1)(b) of the Act (and so are services for a section 373 services contract) if—

1. the contract is for the provision of services to beneficiaries for the purposes of all or any of Parts 1 to 6 and section 170(2)(c)(iv) of the Act; and
2. those beneficiaries are work-tested beneficiaries in receipt of a work-tested benefit.

The services are—

1. services for the active case management of beneficiaries who have work-test-obligations under section 146 of the Act:
2. services for carrying out an individualised needs assessment for each beneficiary:
3. services for developing a plan for a beneficiary to achieve an employment outcome:
4. services for assisting a beneficiary to arrange and attend an interview for employment:
5. services for assisting a beneficiary to access activities or services that contribute to the beneficiary’s plan to achieve an employment outcome:
6. services for maintaining relationships between a beneficiary and the beneficiary’s health and social service providers, prospective employers, and training or education providers:
7. services that facilitate access to other services that will assist a beneficiary to obtain employment (such as transport and childcare services):
8. services for identifying, and helping with, arrangements for overcoming factors that impede a beneficiary’s entering or continuing in employment, or both, including (but not limited to) domestic and social circumstances, health or disability conditions, drug or alcohol use, transport, childcare, and workplace facilities.

The services set out in subclause (2), which are services in relation to all or any of Parts 1 to 6 of the Act and which are provided to the following people who are not subject to the obligations set out in section 170(2) of the Act but who voluntarily accept the provision of services relating to those obligations, are stated for the purposes of section 373(1)(b) of the Act (and so are services for a section 373 services contract):

1. beneficiaries in receipt of a main benefit:
2. the spouse or partner of a beneficiary in receipt of a main benefit:
3. other persons who are likely to apply for a main benefit if they cannot financially support themselves.

The services are—

1. services for identifying, and helping with, arrangements for overcoming factors that impede a beneficiary’s entering or continuing in employment, or both, including (but not limited to) domestic and social circumstances, health or disability conditions, drug or alcohol use, transport, childcare, and workplace facilities:
2. services for assessing whether a person is competent in money management or should be referred to budget services.

The services set out in subclause (2), which are services in relation to all or any of Parts 1 to 6 of the Act, are stated for the purposes of section 373(1)(b) of the Act (and so are services for a section 373 services contract) if—

1. the contract is for the provision of services for the purposes of all or any of Parts 1 to 6 of the Act; and
2. the services are provided in relation to applicants for benefits or persons receiving a benefit described in any of those Parts of the Act.

The services are—

1. services for assessing a person’s eligibility for a benefit or other allowances or subsidies under the Act:
2. services for assessing what services, activities, or employment are suitable for a beneficiary:
3. services for making a work ability assessment or reassessment for the purposes of sections 116 to 118 of the Act.

The services set out in subclause (2), which are services in relation to all or any of Parts 1 to 6 of the Act, are stated for the purposes of section 373(1)(b) of the Act (and so are services for a section 373 services contract) if——

1. the contract is for the provision of services for the purposes of all or any of Parts 1 to 6 of the Act; and
2. the services are provided in relation to applicants for benefits or persons receiving a benefit described in all or any of Parts 1 to 6 of the Act.

The services are—

1. services for the provision of pre-benefit activities for the purpose of section 184 of the Act and of subpart 1 of Part 4 of these regulations:
2. services for the provision of activities for the purpose of section 125, 146(1)(d), or 324 of the Act:
3. services for the provision of budgeting advice.

The agencies listed in Schedule 7 of these regulations are authorised for the purposes of clause 18 of Schedule 6 of the Act.

A reference in Schedule 7 to a programme or framework is a reference to the programme or framework with that name as it was immediately before 26 November 2018.

In this regulation and Schedule 7,—

A contracted service provider and its employees may release or disclose to MSD and MSD employees personal information necessary for MSD to perform any function or exercise any power under section 365 of the Act.

The personal information includes (but is not limited to) the following:

1. information about a young person that is required when applying for any benefit or financial assistance under the Act:
2. information about a young person’s accommodation costs, service costs, and lawful debts and liabilities:
3. information about a young person’s compliance with the Act or these regulations (including information relating to reasons for non-compliance):
4. information about a young person’s ability to manage the young person’s money:
5. information about changes in the circumstances of a young person that affect the young person’s eligibility for, or the rate of, any benefit.

The information includes information contained in a report by the contracted service provider to MSD, as specified in a section 373 services contract (as defined in regulation 264), relating to—

1. the progress of a young person against the young person’s milestones:
2. the progress of a young person entitling the contracted service provider to a success fee:
3. other services to which a young person has been referred:
4. the relevant circumstances of a young person on leaving the contracted youth service (including whether the young person or the young person’s partner has given birth to a child).

MSD and MSD employees may release or disclose to a contracted service provider and its employees personal information necessary for the contracted service provider to provide a young person assigned to it with a contracted youth service.

The personal information may include (but is not limited to) the following:

1. contact details:
2. relevant information about the young person’s involvement with the department responsible for administering the Oranga Tamariki Act 1989:
3. relevant information about the young person’s involvement with Work and Income (which means that part of MSD responsible for administering the Act).

MSD—

1. may issue an entitlement card to any eligible person; and
2. must issue an entitlement card to an eligible person who applies for one.

MSD may—

1. recall any SuperGold Card:
2. reissue a recalled SuperGold Card to the person to whom it was issued:
3. issue a replacement SuperGold Card to a person whose SuperGold Card has been recalled:
4. issue a new SuperGold Card to any eligible person whose SuperGold Card has expired or is about to expire:
5. issue a new SuperGold Card bearing a photograph of the cardholder in place of a SuperGold Card not bearing a photograph.

If satisfied that a person’s SuperGold Card has been stolen, damaged, destroyed, or lost, MSD may issue a replacement SuperGold Card to that person.

A SuperGold Card may state a date on which it expires, and if it does so, it is not valid after that date.

A SuperGold Card may state the date on which it commences, and if it does so, it is not valid before that date.

A SuperGold Card—

1. must bear the word SuperGold; and
2. must have at least 1 side whose background colour is gold or a dull yellow; and
3. must bear the name of the cardholder; and
4. must have imprinted or contained on it a signature panel indicating that the signature written or endorsed on it is the signature of the cardholder; and
5. if issued to a person who is known to meet the service requirement stated in section 161(1)(a) of the Veterans’ Support Act 2014, may bear distinctive marks indicating that fact.

So long as it complies with subclause (1), a SuperGold Card—

1. may be issued in any form that MSD decides; and
2. may have imprinted or contained on it any information or wording that MSD decides.

A SuperGold Card—

1. may bear a number or code indicating the cardholder’s class of eligibility for the card:
2. may bear a code indicating the cardholder’s entitlement—
   1. to New Zealand superannuation, a veteran’s pension, a community services card, or any other entitlement; or
   2. to 2 or more of those things:
3. may have on it a magnetic stripe containing any or all of the following information:
   1. the cardholder’s name:
   2. an identifying number assigned by MSD to the cardholder:
   3. a number or code indicating the cardholder’s class of eligibility for the card:
   4. an identifying number assigned to the card:
   5. the commencement and expiry dates of the card:
   6. a code number for mailing purposes:
4. may have imprinted on it a barcode containing any or all of the information referred to in paragraph (c):
5. at the election (in accordance with regulation 286) of the cardholder, may have a photograph of the cardholder affixed to or imaged onto it.

Subclause (3) does not limit the generality of subclause (2).

A person may elect to have a photograph of that person affixed to or imaged onto a SuperGold Card to be issued to that person.

A person makes an election by completing and signing a written application form provided by MSD for the purpose, and—

1. having an authorised agent of MSD take a photograph or photographic image of the person, verifying the person’s identity to the satisfaction of the agent, and giving the completed and signed form to the agent; or
2. if MSD allows that person to do so, either—
   1. giving to MSD a photograph of that person (the authenticity of which must be verified to MSD’s satisfaction) and the completed and signed form; or
   2. having a photograph of that person (the authenticity of which must be verified to MSD’s satisfaction) and the completed and signed form given to MSD by some other person.

As soon as a cardholder receives the cardholder’s SuperGold Card, the cardholder must sign it on the panel provided.

As soon as is reasonably practicable after receiving a written demand for its return signed by or on behalf of MSD, a cardholder must return the cardholder’s SuperGold Card to MSD.

A cardholder must immediately destroy a SuperGold Card on written demand for its destruction made by notice signed by or on behalf of MSD and provided to the cardholder in accordance with regulation 292.

A cardholder must make all reasonable efforts to keep the cardholder’s SuperGold Card safe and secure.

Nothing in this regulation prevents a cardholder from returning the cardholder’s SuperGold Card to MSD and asking for it to be cancelled.

A cardholder may use the cardholder’s SuperGold Card for any or all of the following purposes:

1. to provide evidence that the cardholder is eligible for a SuperGold Card:
2. to provide evidence to MSD that the cardholder has been issued with it and has been assigned the identifying number endorsed on it:
3. to provide evidence of the cardholder’s class of eligibility for it:
4. if it bears a code indicating the cardholder is eligible for a community services card, to provide evidence to a pharmacist that the cardholder is entitled to a community services card and has been assigned the identifying number the SuperGold Card bears:
5. if the card bears a code indicating the cardholder is eligible for a community services card, to provide evidence to any of the persons referred to in subclause (2) that the cardholder is eligible for a community services card, and that the cardholder and the cardholder’s dependent children (if any) are eligible for—
   1. any services provided under a service agreement funded under the New Zealand Public Health and Disability Act 2000, other than treatment paid for (in whole or in part) by the Accident Compensation Corporation or an insurer under the Accident Insurance Act 1998; or
   2. any exemption from a charge or part of a charge for any such service; or
   3. any prescribed maximum amount of charge applicable to people of the class or classes of which the cardholder, or the cardholder’s dependent children, form part, in relation to any such service:
6. if the card bears a code indicating the cardholder is eligible for a community services card, to provide evidence to any of the following persons, for the purposes of receiving a discounted public transport fare (including validation of the fare and of the cardholder’s entitlement to the discount), that the cardholder is eligible for a community services card:
   1. a person collecting fares for, or issuing tickets to, travel on a public transport service, including any ticketing agent; or
   2. a person operating a public transport service; or
   3. any person carrying out the work specified, and for a person specified, in subparagraph (i) or (ii):
6. to obtain a service, discount, or concession available to cardholders (or to cardholders of a particular kind or description).

The persons referred to in subclause (1)(e) are—

1. the chief executive of the Ministry of Health:
2. Health Benefits Limited:
3. a medical practitioner, specialist, or pharmacist:
4. Health New Zealand or provider:
5. a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001:
6. an employee of a person described in any of paragraphs (a) to (e).

A cardholder must not—

1. assign, bail, give, lend, mortgage, pledge, rent, transfer, or sell the cardholder’s SuperGold Card to any other person; or
2. deal with the cardholder’s SuperGold Card in a way that allows any other person to use it without authority; or
3. use the cardholder’s SuperGold Card after having been served with a notice under regulation 292 demanding its return.

A cardholder must not—

1. accept any SuperGold Card by way of assignment, bailment, gift, loan, mortgage, pledge, rental, transfer, or sale; or
2. make use of another person’s SuperGold Card except as provided for in subclause (7) or (8).

Only an employee of MSD or a person described in regulation 290(2) is entitled to demand or request a SuperGold Card as a form of identification of the cardholder.

Only an employee of MSD is entitled to demand or request a SuperGold Card as evidence that the cardholder is eligible for it.

Only the following persons are entitled to demand or request a SuperGold Card as evidence that the cardholder is eligible for a community services card:

1. a person described in regulation 290(1)(ea):
2. a person described in regulation 290(2).

A person (C) required or requested to produce C’s SuperGold Card by a person entitled to require or request its production may be treated as if C does not hold a SuperGold Card (or, as the case requires, is not eligible for a community services card) if C does not produce it within a reasonable time.

If a SuperGold Card bears a code indicating that the cardholder is entitled to a community services card, it is not a breach of subclause (1) or (2) for the cardholder—

1. to lend it temporarily to a dependent child of the cardholder, or any other person who is for the time being looking after that dependent child, for the purpose only of obtaining for that dependent child services funded under the New Zealand Public Health and Disability Act 2000; or
2. to lend it temporarily to any other person for the purpose only of obtaining for the cardholder, or a dependent child of the cardholder, services funded under the New Zealand Public Health and Disability Act 2000.

It is not a breach of subclause (1) or (2) for a cardholder to lend the cardholder’s SuperGold Card temporarily to another person for the purpose only of obtaining a service, discount, or concession for the cardholder.

An application for the issue of a SuperGold Card must be in a form provided by MSD for the purpose.

MSD may require an applicant for a SuperGold Card, or the applicant’s spouse or partner, or both, to supply any information MSD reasonably considers necessary to determine the applicant’s eligibility for the card.

MSD may require any SuperGold Card holder, or the cardholder’s spouse or partner, or both, to supply any relevant information, or answer any relevant questions, that MSD reasonably considers necessary to determine—

1. whether the cardholder was eligible for the card when it was issued; or
2. the cardholder’s continued eligibility for the card.

Subclause (5) applies to—

1. an applicant for a SuperGold Card and the applicant’s spouse or partner; or
2. a SuperGold Card holder and the cardholder’s spouse or partner.

If a person to whom this subclause applies fails to comply with a requirement under subclause (2) or (3) within a reasonable period specified by MSD, MSD—

1. may refuse to issue a SuperGold Card to the applicant or (as the case requires) the applicant’s spouse or partner:
2. may—
   1. refuse to reissue a SuperGold Card to the cardholder or (as the case requires) the cardholder’s spouse or partner; or
   2. recall any SuperGold Card issued to the cardholder or (as the case requires) the cardholder’s spouse or partner.

Every notice required by this subpart must be in writing and must be given to or served on the person to whom it is addressed either personally or—

1. by leaving it at that person’s place of residence or business; or
2. by sending it by prepaid letter addressed to that person at one of those places.

In the absence of proof to the contrary, a notice sent by prepaid letter is deemed to have been served when it would have been delivered in the ordinary course of the post and, in proving service, it is enough to prove that the letter was properly addressed and posted.

The holder of a SuperGold Card who fails or refuses to do anything required by regulation 289 commits an offence against this regulation.

A person who does anything prohibited by regulation 291 commits an offence against this regulation.

A person who commits an offence against this regulation is liable on conviction to a fine not exceeding $1,000.

This subpart specifies kinds of child support payments.

They are specified for the purposes of paragraph (j) of the definition of general provisions child support payment in Schedule 2 of the Act.

The effect of this subpart specifying them for those purposes is that they are additional general provisions child support payments.

This regulation specifies the kind of child support payment that is a child support payment to a relevant non-matched beneficiary.

In this regulation, a child support payment to a relevant non-matched beneficiary, for a person, means a payment that is—

1. money received by the person that is child support; and
2. disclosed to MSD under a specified approved information sharing agreement (as that term is defined in Schedule 2 of the Act); and
3. made to a person who is a relevant non-matched beneficiary when MSD finishes processing the disclosed information associated with the payment.

In this regulation, a relevant non-matched beneficiary means a person who—

1. is entitled to receive a benefit, or any other assistance under the Act, that is not matched assistance; and
2. is not receiving matched assistance.

In this regulation,—

This clause applies to an approval of an out-of-school programme or proposed out-of-school programme—

1. given by the chief executive before 26 November 2018 under regulation 25 of the Social Security (Childcare Assistance) Regulations 2004 (or required under regulation 30 of those regulations to be taken to have been so given); and
2. in force immediately before 26 November 2018.

The approval continues, and may be suspended or revoked under regulation 46, as if it had been given under regulation 45.

In this clause, commencement means the start of the day that is the earlier of—

1. the day on which the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked; and
2. 24 September 2020.

Regulation 189(f) prescribes circumstances in which MSD may, after the commencement, and under section 334 of the Act, consider an exemption from expiry under section 332 of the Act for a specified benefit that is—

1. a specified benefit granted before the commencement, but the expiry date for which is on or after the commencement; or
2. a specified benefit granted on or after the commencement.

In this clause,—

The amendments apply only to child support payments based on child support in respect of a period (whether all, or any part, of a child support year) that starts on or after 1 July 2023.

The child support referred to in subclause (2) includes, but is not limited to, child support under a formula assessment or a voluntary agreement or an order of a court made or entered into before 1 July 2023.

Child support in respect of a period (whether all, or any part, of a child support year) that starts before 1 July 2023 is subject to these regulations as in force at the relevant time before 1 July 2023.

In this clause,—

The amendments apply only to—

1. temporary additional support granted before, and payable on or after, the commencement of the amendment regulations (for example, after a recalculation under regulation 65 of the amount of support); and
2. temporary additional support granted after the commencement of the amendment regulations.

In this clause,—

The amendments apply only to—

1. temporary additional support granted before, and payable on or after, the commencement of the amendment regulations (for example, after a recalculation under regulation 65 of the amount of support); and
2. temporary additional support granted after the commencement of the amendment regulations.