Part 3
Obligations
Beneficiaries’ obligations:
General obligations: notification of change of circumstances
113Beneficiary must notify change of circumstances
A beneficiary must without delay notify MSD of a change in the beneficiary’s circumstances if—
- the change affects the beneficiary’s entitlement to receive a benefit; or
- the change affects the rate of a benefit the beneficiary receives.
Examples of a change in a beneficiary’s circumstances include—
- a change in the beneficiary’s relationship status, number of children, income, accommodation, or employment:
- a change in the relationship status, income, accommodation, or employment of the beneficiary’s spouse or partner:
- the beneficiary or his or her spouse or partner becoming entitled to an overseas pension.
In subsection (2)(a), a change in the beneficiary’s relationship status means the beneficiary’s—
- entering into a marriage, civil union, or de facto relationship; or
- ceasing to live together with, or separating from, a spouse or civil union partner; or
- ceasing to live together (as a couple in a relationship in the nature of marriage or civil union) with, or separating from, a de facto partner; or
- ceasing to be in a marriage, civil union, or de facto relationship, because it has ended by reason of an event not specified in paragraph (b) or (c) (for example, by dissolution, or on a spouse’s or partner’s death).
Subsection (1) is satisfied for a change in a beneficiary’s circumstances that is an information share child support payment made to a beneficiary if the payment is disclosed to MSD under a specified approved information sharing agreement.
In this section,—
information share child support payment—
- has the meaning given to it in Schedule 2; and therefore
- excludes a general provisions child support payment (as that term is defined in Schedule 2)
- has the meaning given to it in Schedule 2; and therefore
However, subsection (4) does not apply if—
- MSD has in some way notified the beneficiary of the income charging of the payment under Schedule 3 (see the examples given in subsection (7)); and
- the beneficiary does not notify MSD without delay of a change in the beneficiary’s circumstances that relates to the payment and that is or may be all or any of the review grounds specified in section 304A(1)(a) to (g).
For the purposes of subsection (6)(a), examples of MSD in some way notifying the beneficiary of the income charging under Schedule 3 of the payment include MSD notifying the beneficiary—
- that information share child support payments are, or will be, charged as income of the beneficiary under Schedule 3; or
- of a change in amounts or timing of information share child support payments; or
- of a change in how information share child support payments are charged as income of the beneficiary under Schedule 3.
For the purposes of subsection (6)(b), the review grounds specified in section 304A(1)(a) to (g) include, without limitation, any 1 or more additional grounds prescribed by regulations made under section 418(1)(ja).
Compare
- 1964 No 136 s 80A
Notes
- Section 113(1) heading: inserted, on , by section 30(1) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
- Section 113(2) heading: inserted, on , by section 30(2) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
- Section 113(3) heading: inserted, on , by section 30(3) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
- Section 113(4) heading: inserted, on , by section 30(4) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
- Section 113(4): inserted, on , by section 30(4) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
- Section 113(5): inserted, on , by section 30(4) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
- Section 113(6) heading: inserted, on , by section 30(4) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
- Section 113(6): inserted, on , by section 30(4) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
- Section 113(7) heading: inserted, on , by section 30(4) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
- Section 113(7): inserted, on , by section 30(4) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
- Section 113(8) heading: inserted, on , by section 30(4) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
- Section 113(8): inserted, on , by section 30(4) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).