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Social Security Act 2018

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

141: Jobseeker support: work capacity determination and work test

You could also call this:

"Help for job seekers with health issues: what work you can do"

Illustration for Social Security Act 2018

When you get jobseeker support because of a health condition, injury, or disability, the Ministry of Social Development (MSD) decides if you can look for part-time work. MSD makes this decision after you start getting the benefit. They can also make this decision at a later time. MSD considers a special certificate and any relevant reports when making this decision. If MSD decides you can look for part-time work, you must start following the work test rules on a specific date that MSD tells you in a written notice. This date can be when you first get the benefit, but it must be after you receive the notice from MSD. MSD can review and change their decision at any time, and they can also change the notice they sent you.

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

141Jobseeker support: work capacity determination and work test

  1. MSD makes every determination under this subsection whether a person granted jobseeker support on the ground of health condition, injury, or disability has, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work (as defined in Schedule 2).

  2. MSD—

  3. must make a determination under subsection (1) promptly after granting the person that benefit; and
    1. may make a determination under subsection (1) at any later time.

      1. A determination under subsection (1) must be made after having had regard to—

      2. the relevant certificate given under section 27, and any relevant report obtained under section 28; and
        1. any relevant work ability assessment under sections 115 to 119.

          1. The consequence of a determination under subsection (1) that the person has, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work is that the person is required to comply with the work test on and after a date specified in a written notice (of the determination’s making and effects) that MSD must give the person.

          2. The date specified in a written notice given under subsection (4),—

          3. in the case of a new grant of jobseeker support, may be the date on which that benefit is first paid; but
            1. in any case, must not be a date before the date on which MSD reasonably considers the person will receive the notice.

              1. MSD may at any time, whether on the application of the person or otherwise, review a determination under subsection (1) and may confirm, amend, revoke, or replace it and any related written notice given under subsection (4).

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