Legal Services Act 2011

Legal aid - How Commissioner may enforce conditions of grant - Deduction notices

41A: Interpretation

You could also call this:

"What special words mean in this law"

Illustration for Legal Services Act 2011

When you read this part of the law, you need to know what some words mean. A benefit is money given to you, but it does not include some types of benefits like an orphan's benefit or a child disability allowance, which are explained in the Social Security Act 2018. A deduction notice is a special notice that tells someone to take money out of your payments. You also need to know what an overdue amount is. It is money that you should have paid, but you have not paid it yet. This can include parts of the amount or money that cannot be recovered because of the Limitation Act 2010. When the law talks about a payment, it means money given to you by someone else. This can be your salary, a benefit, or money from an accident compensation claim under the Accident Compensation Act 2001. A third party is someone who has to take money out of your payments because of a deduction notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5588327.

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41B: Deduction of overdue amounts, or

"The government can take money from your payments if you don't pay what you owe."

Part 2Legal aid
How Commissioner may enforce conditions of grant: Deduction notices

41AInterpretation

  1. In this section and in sections 41B to 41J, unless the context otherwise requires,—

    benefit means a benefit as defined in Schedule 2 of the Social Security Act 2018 other than—

    1. an orphan’s benefit payable under section 43 of that Act:
      1. an unsupported child’s benefit payable under section 46 of that Act:
        1. a child disability allowance payable under section 78 of that Act:
          1. a disability allowance payable under section 85 of that Act

            deduction notice means a notice issued under section 41B

              overdue amount means an amount that has become due and payable to the Commissioner and that remains unpaid; and includes—

              1. any part of an amount of that kind; and
                1. an amount of that kind that may not be recovered by civil action in a court of law because of the Limitation Act 2010

                  payment, in relation to a third party, includes payments made, or to be made, by the third party as—

                  1. salary or wages:
                    1. a retiring allowance or pension or other payment of a similar nature:
                      1. a benefit:
                        1. weekly compensation under the Accident Compensation Act 2001:
                          1. a bonus or an incentive payment:
                            1. commission:
                              1. consideration for work performed under a contract for services:
                                1. repayment of, or interest on, money held by a bank to the credit of an aided person (within the meaning of section 41E(3)

                                  third party means the person required to make 1 or more deductions under a deduction notice.

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                                  Notes
                                  • Section 41A: inserted, on , by section 14 of the Legal Services Amendment Act 2013 (2013 No 43).
                                  • Section 41A benefit: replaced, on , by section 459 of the Social Security Act 2018 (2018 No 32).