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New Zealand law explained for everyone

Social Security Act 2018

Obligations - Beneficiaries’ obligations - Specific obligations: work ability assessment

117: Persons not subject to work ability assessment

You could also call this:

“Who doesn't need to do a work test for their payment”

The law says that if you get a supported living payment because you have restricted work capacity, you won’t have to do a work ability assessment in certain situations. You won’t need to do the assessment if:

You are very sick and not expected to live much longer.

You can do very little work or no work at all, and your health is getting worse or isn’t likely to get better.

The government department called MSD (Ministry of Social Development) decides if you fit into one of these situations. If they think you do, they won’t ask you to do a work ability assessment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783347.

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Health and wellbeing > Healthcare services
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116: Persons subject to work ability assessment, or

“Work ability checks for some benefit receivers”

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Part 3 Obligations
Beneficiaries’ obligations: Specific obligations: work ability assessment

117Persons not subject to work ability assessment

  1. MSD must not require a person who receives a supported living payment on the ground of restricted work capacity to undergo a work ability assessment if, in MSD’s opinion, that person—

  2. is terminally ill; or
    1. has little or no capacity for work, and the person's condition is deteriorating or not likely to improve.

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