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Social Security Act 2018

Obligations - Beneficiaries’ obligations - Specific obligations: work-test obligations

140: Persons subject to work-test obligations

You could also call this:

“Who needs to follow work rules when getting government help”

You need to follow some rules if you get certain benefits from the government. These rules are called work-test obligations. You must follow these rules if:

You get jobseeker support, unless it’s because of a health problem, injury, or disability. But if you have a health problem, injury, or disability and the government thinks you can do part-time work, you still need to follow these rules.

You are married to or living with someone who gets jobseeker support. But this doesn’t apply if your partner is a young person with special rules.

You are a single parent getting sole parent support.

You are married to or living with someone who gets an emergency benefit or a supported living payment because they can’t work much or are blind.

You are under 65 and get an emergency benefit because your partner gets New Zealand Superannuation or Veteran’s Pension, and you are expected to work.

The government can also make your spouse or partner follow these rules if they think it’s fair. This might mean looking for part-time work if your youngest child is between 3 and 13 years old, or full-time work in other cases.

To know exactly what you need to do, you should look at sections 144 and 146 of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783378.

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Part 3 Obligations
Beneficiaries’ obligations: Specific obligations: work-test obligations

140Persons subject to work-test obligations

  1. The following persons must comply with section 144 and may be required to do any of the things set out in section 146:

  2. a person who receives jobseeker support (other than jobseeker support on the ground of health condition, injury, or disability):
    1. a person who receives jobseeker support on the ground of health condition, injury, or disability, if MSD has determined under section 141(1) that the person has the capacity to seek, undertake, and be available for part-time work:
      1. a person who—
        1. is the work-tested spouse or partner of a person who receives jobseeker support; and
          1. is not the spouse or partner of a young person to whom section 166 or 167 applies:
          2. a work-tested sole parent support beneficiary:
            1. the work-tested spouse or partner of a person granted an emergency benefit or a supported living payment on the ground of restricted work capacity or total blindness at a work-test couple rate:
              1. a person under the age of 65 years granted an emergency benefit under section 17(2)(c) of the New Zealand Superannuation and Retirement Income Act 2001, if that person is a work-tested spouse or partner.

                1. MSD may, by notice in writing, require the spouse or partner of a person granted an emergency benefit at a work-test couple rate to comply with the work test if MSD is satisfied that it is appropriate and reasonable to require that spouse or partner to seek, undertake, and be available for—

                2. part-time work, in the case of a spouse or partner whose youngest dependent child is aged 3 years or older but under 14 years; or
                  1. full-time employment, in any other case.

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