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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:

“Rules for working while on jobseeker support due to health reasons”

If you get jobseeker support because of a health condition, injury, or disability, MSD will decide if you can do part-time work. They will do this right after they give you the benefit, but they can also do it later.

When MSD makes this decision, they will look at your medical certificate and any other reports they have about your health. They will also consider any assessments of your ability to work.

If MSD decides you can do part-time work, they will send you a letter. The letter will tell you that you need to follow the work test rules from a certain date. This date might be when you first get your benefit, but it will always be after you get the letter.

MSD can change their decision about whether you can do part-time work at any time. You can ask them to look at it again, or they might do it on their own.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783379.

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140: Persons subject to work-test obligations, or

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

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Part 3 Obligations
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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