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Social Security Act 2018
Enforcement: sanctions and offences
Sanctions for breach of obligations other than young person or young parent obligations
Recompliance
265: Failure of drug test for purposes of recompliance constitutes third failure

Part 1:
General provisions

3Purpose of this Act 4Principles 5Guide to this Act 6Definitions are in dictionary in Schedule 2 7Minister may give MSD binding directions 8Determinations person is single or in de facto relationship 9Interpretation: references to old law, and using it as a guide 10Comparative tables of old and new provisions 11Transitional, savings, and related provisions 12Act binds the Crown 13Status of guides or outlines 14Status of examples

Part 2:
Assistance

Introduction

15What this Part does 16Residential requirement 17Rates 17AGuide to specified abatement exemptions 18General limitation on receiving more than 1 benefit 19General limitation on receiving benefit: persons unlawfully resident or present in New Zealand and persons holding temporary entry class visa

Jobseeker support

20Jobseeker support: requirements 21What is work gap 22When person is available for work 23Jobseeker support: age requirement 24Jobseeker support: no or minimum income 25Jobseeker support: discretionary grant on ground of hardship 26Jobseeker support: ineligibility 27Jobseeker support: on ground of health condition, injury, or disability: application must include certificate 28Jobseeker support: on ground of health condition, injury, or disability: medical examination

Sole parent support

29Sole parent support: requirements 30What is sole parent requirement 31When dependent child may be regarded as applicant’s child 32Sole parent support: situation of split care 33Expiry of sole parent support, and replacement with jobseeker support, when youngest dependent child turns 14 years old

Supported living payment

Supported living payment on ground of restricted work capacity or total blindness

34Supported living payment: on ground of restricted work capacity or total blindness: requirements 35When person has restricted work capacity 36Supported living payment: on ground of restricted work capacity or total blindness: ineligibility 37Supported living payment: on ground of restricted work capacity or total blindness: medical examination 38Supported living payment: on ground of restricted work capacity or total blindness: payment not apportioned in specified cases 39Supported living payment: on ground of restricted work capacity: encouraging open employment

Supported living payment on ground of caring for another person

40Supported living payment: on ground of caring for another person: requirements 41Supported living payment: on ground of caring for another person: application must include certificate 42Supported living payment: on ground of caring for another person: medical examination

Orphan’s benefit

43Orphan’s benefit: requirements 44Who is eligible caregiver 45Orphan’s benefit to be used for benefit of child

Unsupported child’s benefit

46Unsupported child’s benefit: requirements 47Who is eligible caregiver 48Unsupported child’s benefit to be used for benefit of child

Youth payment

49Youth payment: requirements 50When person is study ready 51Youth payment: no or minimum income 52When person has parental support gap 53Youth payment: discretionary grant on ground of hardship 54Youth payment: continuation after turning 18 years old 55Youth payment: incentive payments

Young parent payment

56Young parent payment: requirements 57When person is study ready 58Young parent payment: no or minimum income 59When person has parental support gap 60Young parent payment: discretionary grant on ground of hardship 61Young parent payment: continuation after turning 20 years old 62Young parent payment: incentive payments

Emergency benefit

63Emergency benefit: discretionary grant on ground of hardship 64Emergency benefit: grant during epidemic in New Zealand

Accommodation supplement

65Accommodation supplement: discretionary grant 66Social housing exclusion 67Other funding exclusion 68Accommodation supplement: special rules for joint tenants who are in relationship 69Accommodation supplement: refusal, reduction, or cancellation of grant in certain circumstances

Winter energy payment

70Winter energy payment: purpose 71Winter energy payment: interpretation 72Winter energy payment: requirements 73Winter energy payment: election not to receive 74Winter energy payment: instalments, rates, and payment 75Winter energy payment: termination on review

Childcare assistance

76Childcare assistance: purpose 77Childcare assistance: eligibility

Child disability allowance

78Child disability allowance: discretionary grant 79Meaning of child with a serious disability 80Child disability allowance: MSD may require medical certificate 81Child disability allowance: MSD may require medical examination 82Child disability allowance: payment 83Child disability allowance: not payable with other assistance or pension

Disability allowance

84Meaning of disability 85Disability allowance: discretionary grant 86Disability allowance: excluded expenses 87Disability allowance: refusal, reduction, or cancellation of grant in certain circumstances 88Disability allowance: medical examination 89Special disability allowance: entitlement in special circumstances

Funeral grants

90Funeral grant: general eligibility and definitions 91Funeral grant: eligibility if deceased person has dependants 92Funeral grant: eligibility if deceased person has no dependants 93Funeral grant: eligibility if deceased person is child 94Funeral grant: restrictions on payment

Hardship assistance

95Temporary additional support: purpose 96Temporary additional support: requirements 97Temporary additional support: refusal, reduction, or cancellation of grant in certain circumstances 98Interpretation

Special assistance

99Overseas epidemics affecting visitors to New Zealand: Minister may give overseas epidemic management notice 100Special assistance for visitors affected by overseas epidemics 101Approved special assistance programmes 102Special assistance: status of, and access to, notices

Extended payment of benefits for children aged 18 years or over who continue education

103Provisions relating to children aged 18 years or over who continue education

Part 3:
Obligations

Introduction

Guide to this Part

104What this Part does 105Failure to comply with obligation under this Part

MSD’s obligations

Beneficiaries’ obligations

Beneficiaries: general and specific obligations

109Outline of beneficiary’s general and specific obligations 110When obligations apply

General obligations: holding, and giving details of, bank account

111Beneficiary must hold, and give MSD details of, bank account

General obligations: supplying tax file number

112Beneficiary must supply tax file number

General obligations: notification of change of circumstances

113Beneficiary must notify change of circumstances

Specific obligations: notification of absence from New Zealand

114Obligation to notify absence from New Zealand

Specific obligations: work ability assessment

115Obligation to undergo work ability assessment 116Persons subject to work ability assessment 117Persons not subject to work ability assessment 118Work ability assessment 119Person who fails to comply with requirement to undergo work ability assessment is subject to sanction

Specific obligations: work preparation

120Work-preparation obligations 121Persons subject to work-preparation obligations 122Persons not subject to work-preparation obligations 123Persons subject to work-preparation obligations if sufficient capacity to comply 124General obligation to take all steps to prepare for employment 125Work-preparation obligations as required by MSD 126Person who fails to comply with work-preparation obligation subject to sanction

Specific obligations: social obligations in relation to dependent children

127Obligations in relation to dependent children 128Obligations of beneficiary in relation to dependent children 129Obligations of spouse or partner of beneficiary in relation to dependent children of beneficiary 130Obligations of spouse or partner of beneficiary in relation to dependent children of spouse or partner 131Attendance of dependent child aged 3 to 5 years at early childhood education programme 132Attendance of dependent child aged 5 or 6 years at early childhood education programme or registered school 133Attendance of dependent child aged 6 to 15 years at registered school 134Health care enrolment and compliance with core health checks 135Interviews and reporting 136Person who fails to comply with obligations in relation to dependent children is subject to sanction 137Definitions and attendance: regulations made under section 430

Specific obligations: work-test obligations

138Work-test obligations 139Purpose of sections 140 to 154 140Persons subject to work-test obligations 141Jobseeker support: work capacity determination and work test 142Person not subject to work-test obligations 143Time when work-test obligation applies 144General obligation to be available for suitable employment, etc 145Meaning of suitable employment 146Work-test obligations as required by MSD 147Obligation to undertake and pass drug test 148Compliant drug test defined 149Failing drug test 150Use of drug test result 151Costs of drug test 152Definitions for drug-testing provisions 153Person who fails to comply with work-test obligations is subject to sanction 154Deemed failure to comply with work-test obligation

Deferral of work-test obligations

155Deferral of work-test obligations 156Effect of deferral of work-test obligations

Exemptions: work-preparation, work-test, and other obligations

157Regulations may specify categories of exempt persons and grounds for exemption 158MSD may grant exemption from work-preparation, work-test, or other obligation 159Donors of qualifying organs exempt from work-preparation, work-test, or other obligation while recuperating 160Procedure for grant of exemption 161Person who fails to comply with requirement to attend interview is subject to sanction

Specific obligations: young person granted youth support payment

162Obligations of young person granted youth support payment 163When education obligation or training obligation begins for young parent

Specific obligations: social obligations of young person granted young parent payment

164Obligations of young person granted young parent payment

Specific obligations: young person aged 18 or 19 years who is receiving jobseeker support and who is at significant risk of long-term welfare dependency

165Young person aged 18 or 19 years who is receiving jobseeker support in young person’s own right and who is at significant risk of long-term welfare dependency

Obligations of, and incentives for, young person who is spouse or partner of beneficiary

166Young person aged 16 or 17 years who has no dependent child and who is spouse or partner of specified beneficiary 167Young person aged 16 to 19 years who has dependent child and who is spouse or partner of specified beneficiary 168Young person aged 18 or 19 years, who is receiving jobseeker support as spouse or partner of person granted that benefit, or who is work-tested spouse or partner of specified beneficiary, and who is at significant risk of long-term welfare dependency 169Interpretation

Specific obligations: obligation to work with contracted service providers

170Obligation to work with contracted service providers 171Person who fails to comply with requirement under section 170(2) subject to sanction

General obligations: obligations in relation to overseas pensions

172Interpretation 173Applicant for benefit, etc, to take reasonable steps to obtain overseas pension 174MSD may give notice requiring person to take reasonable steps to obtain overseas pension 175MSD may give notice requiring person to take reasonable steps to obtain overseas pension for dependant 176Failure to comply with MSD’s notice given under section 174 or 175 177Applicant for benefit must provide information as to rate of overseas pension 178MSD may give notice requiring beneficiary to provide information as to rate of overseas pension 179Failure to comply with MSD’s notice given under section 178 180Meaning of rate

Miscellaneous

181Application of health and safety legislation, etc 182Obligations suspended where MSD has exercised discretion to pay benefit while beneficiary overseas

Part 4:
Factors affecting benefits

Guide to this Part

183What this Part does

Factors affecting benefits

Factors affecting benefits: jobseeker profiles

183ARequirement to have completed jobseeker profile 183BIf person does not have jobseeker profile completed 183CIf person’s spouse or partner does not have jobseeker profile completed 183DPeriod allowed for completion

Factors affecting benefits: pre-benefit activities

184Regulations may prescribe pre-benefit activities 185MSD must explain requirements

Factors affecting benefits: insurance recovery

186Benefit may be subject to repayment of insurance payment

Factors reducing benefits: entitlement to overseas pensions

187Interpretation 188Persons affected by receipt of overseas pension 189Benefit of person affected is reduced by amount of overseas pension 190MSD may enter into arrangement with person affected by receipt of overseas pension 191Treatment of certain overseas benefits, pensions, and allowances that are not overseas pensions

Factors reducing benefits: failure to assist child support

192MSD must reduce rates of benefits for sole parents for failure to assist child support 193No reduction in certain cases 194Additional reduction in certain cases

Factors affecting eligibility for benefit: shared care of dependent child

195Shared care of dependent child 196Rules for assessing which parent has greater responsibility for dependent child

Factors reducing benefits: compensation or damages

197Effect of compensation or damages on application for benefit 198Loss of earnings compensation under Accident Compensation Act 2001

Factors affecting benefit: veteran's entitlement

199Veteran’s entitlement excludes any other benefit 200Exceptions to rule that veteran’s entitlement excludes any other benefit

Factors affecting benefit: personal benefit excludes benefit on behalf

201Personal benefit of spouse or partner excludes benefit on behalf of spouse or partner

Factors affecting benefit: maintenance claim

202MSD may refuse or cancel benefit for failure to take reasonable steps to obtain maintenance

Factors affecting benefit: family protection claim

203MSD may refuse or cancel benefit if family protection claim not pursued

Factors affecting benefit: person not ordinarily resident in New Zealand

204MSD may refuse or cancel benefit if person not ordinarily resident in New Zealand

Factors affecting benefit: refugee or protected person status

205Refugee or protected person status

Factors affecting benefit: hospitalisation

206Hospitalisation 207Benefit of spouse or partner increased after 13th week of hospitalisation

Factors affecting benefit: alcohol and drug treatment

208Beneficiary resident in institution for treatment of alcoholism or drug addiction

Factors affecting benefit: issue of warrant for beneficiary’s arrest

209Benefit not payable to person who is subject to warrant of arrest 210Beneficiary and offence defined for section 209 211MSD must give beneficiary notice of unresolved warrant 212Requirements for unresolved warrant notice 213Immediate suspension of benefit at request of New Zealand Police 214Beneficiary and offence defined for section 213 215MSD must give beneficiary notice of immediate suspension 216Effect of non-payment or suspension of benefit

Factors affecting benefit: custody in prison or on remand

217Benefit not payable during custody in prison or on remand 218Exceptions to rule that benefit not payable during custody in prison or on remand

Factors affecting benefit: absence from New Zealand

219General rule: benefit not payable while beneficiary absent from New Zealand 220Special absence rule: winter energy payment

Factors affecting benefit: additional dependent child

221Purpose of sections 222 to 224 222Additional dependent child must not be taken into account in certain cases 223Extended application of additional dependent child rules 224Limited application of additional dependent child rules

Factors affecting benefit: voluntary unemployment or loss of employment through misconduct, etc

225Basic rule: no work-tested benefit for 13 weeks after leaving employment or scheme or loss of employment due to misconduct 226Persons to whom basic rule applies 227What happens if basic rule applies 228MSD’s options in case of misconduct 229Interpretation

Factors affecting benefits: non-entitlement period, stand down, or 100% suspension of benefit

230How non-entitlement period, etc, affects supplementary benefits, and spouse or partner

Part 5:
Enforcement: sanctions and offences

Guide to this Part

231What this Part does

Sanctions for breach of obligations other than young person or young parent obligations

Types of sanction

232Sanctions for failure to comply with certain obligations under this Act 233Obligations that carry sanction for failure to comply 233ACancellation of main benefit for continuing failure to comply

Hierarchy of sanctions

234Hierarchy of sanctions 235Failure, and first, second, and third failure, defined for obligations other than young person or young parent obligations 236Sanction for first failure: reduction of rate of main benefit 236ASanction for first failure: money management 236BSanction for first failure: community work experience: general 236CSanction for first failure: community work experience: failure without good and sufficient reason to meet requirements 236DSanction for first failure: community work experience: replacement sanction if good and sufficient reason why cannot meet requirements 237Sanction for second failure: suspension of main benefit 238Sanction for third failure: cancellation of main benefit 239Continuation of sanction following regrant of specified benefit

How number of failures is counted

240Failures that can be counted 241Meaning of continuous payment 242Failures that cannot be counted

Special cases: variations on ordinary sanctions rules

243AAAExclusion of sanction for first or second failure, if not failure to accept offer of suitable employment, and timely recompliance occurs 243Exclusion of sanction if failure is subject of prosecution under Education and Training Act 2020 244Variation for failure to comply with work-test obligation to accept offer of suitable employment 244AMeaning of default amount of main benefit payable 245Variation for breach of specified obligation by one spouse or partner 246Variation for breach of specified obligation by both spouses or partners 247Variation for reduction of rate of benefit (by half or to zero), or money management, suspension, or cancellation of benefit, or non-entitlement period, affecting couple with 1 or more dependent children 248Variation for reduction to zero of rate of main benefit, or suspension or cancellation of main benefit, or non-entitlement period, affecting sole parent

Good and sufficient reason for non-compliance

249Good and sufficient reason for non-compliance: default by MSD 250Good and sufficient reason for failure to comply with drug-testing obligation 251Good and sufficient reason for failure to supervise dependent child

Procedure for imposing sanction

252MSD must give notice of sanction 252AMSD must give notice of non-financial sanction 253Notice relates to single failure 254How notice of sanction or of non-financial sanction may be given 255Breach of obligation in relation to dependent children: additional steps before notice may be given 256When sanction takes effect

Evidential drug test

257Request for evidential drug test if sanction imposed for failing screening drug test 258Effect of request for evidential drug test 259Effect of failure of evidential drug test 260Costs of evidential drug test

Recompliance

261How person recomplies after failure to comply with obligation 261AHow person recomplies after failure that resulted in money management being imposed and taking effect 261BHow person recomplies after failure that resulted in community work experience being imposed and taking effect 262Impossibility of remedying failure of work-preparation or work-test obligation 263How person recomplies after failure to comply with drug-testing obligation 264Drug testing for purposes of recompliance 265Failure of drug test for purposes of recompliance constitutes third failure 266Costs of drug testing for purposes of recompliance

Miscellaneous

267Case management support for beneficiary in breach of obligation in relation to dependent children

Sanctions for breach of young person or young parent obligations

Interpretation

268Failure, and first, second, and third failure, defined for young person or young parent obligations

Sanctions: young person obligations

269Sanction for failure to comply with young person obligation 270Sanction for first or second failure: suspension of in-hand allowance and incentive payments 270ACancellation of youth payment and incentive payments for continuing failure to comply 271Sanction for third failure: cancellation of youth payment and incentive payments 272Effect of cancellation of youth payment on accommodation supplement or temporary additional support 273Effect of cancellation of youth payment on emergency benefit 274Effect of cancellation of youth payment on disability allowance or child disability allowance 275Sanctions for failure by young person required to receive youth services to comply with obligations: youth money management 276Sanctions for failure by young person required to receive youth services to comply with obligations: other cases 277Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations: youth money management 278Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations: other cases

Sanctions: young parent obligations

279Sanction for failure to comply with young parent obligation 280Sanction for first or second failure: suspension of in-hand allowance and incentive payments 280ACancellation of young parent payment and incentive payments for continuing failure to comply 281Sanction for third failure: cancellation of young parent payment and incentive payments 282Effect of cancellation of young parent payment 283Effect of cancellation of young parent payment on accommodation supplement or temporary additional support 284Effect of cancellation of young parent payment on emergency benefit 285Effect of cancellation of young parent payment on disability allowance or child disability allowance

Special cases: variations on ordinary sanctions rules

285AExclusion of sanction for first or second failure if timely recompliance occurs

How obligation satisfied

286How young person satisfies obligation after failure to comply

Procedure

287Procedure for imposing sanctions for failure to comply with young person or young parent obligation 287AProcedure for imposing sanctions under section 276(2) or 278(2)

Incentive payments

288Effect of regrant of youth payment on incentive payment 289MSD may cancel incentive payment

Offences

290Offences: false statements, misleading, or attempting to mislead, to receive or continue to receive benefits 291Offences: spouse or partner knowingly benefiting from excess amount obtained by beneficiary's fraud 292Offence of demanding or accepting fee or other consideration in relation to grant of benefit 293Offence of demanding or accepting acknowledgement or undertaking 294General penalty for offences 295Time for filing charging document

Part 6:
Administration

Guide to this Part

296What this Part does

Application, inquiry, and grant

Application

297Application for benefit: making of, help with, lapse, and deemed receipt

Inquiry

298MSD must inquire into claim for benefit 299Exception during epidemic 300Information gathering, disclosure, and matching

Grant

301MSD decides whether to grant benefit 302Immediate provisional grant, and later backdating of other benefit 303After death of applicant

Review of entitlement to, or rate of, benefit granted

304Review of entitlement and rate payable 304AGrounds for review of whether person’s information share child support payment is or was their weekly income 305Information for review 306No entitlement, or entitlement only at different rate 307Benefit on another eligibility ground more appropriate 308Another benefit more appropriate 309Termination of winter energy payment 310Certain benefits granted, or granted at rate, not taking into account certain insurance payments

Commencement, stand downs, ending, and expiry and regrant

Commencement of benefits

311General 312If applicant paid, but claim fails for, ACC weekly compensation 313Benefits subject to stand down 314Work-tested benefit of applicant subject to non-entitlement period 315Exemptions from stand down, and when certain benefits commence 316Start and calculation of stand-down period 317Minister may consent to backdating 318No consent unless benefit not granted earlier because of error 319Commencement of winter energy payment

Restoration of entitlement after suspension, reduction, non-financial sanction, cancellation, or non-entitlement

320Effect of no longer being subject to work-test or young person obligations 321Effect of no longer being subject to dependent children obligations 322Effect of no longer being subject to work-preparation obligations 323Effect of employment on non-entitlement period 324Effect of participation in certain activities on non-entitlement period

Ending of benefits

325General rule if person’s entitlement to benefit ceases 326After death of beneficiary receiving specified benefit 327Benefits payable to sole parent who stops caring for dependent child due to sudden and uncontrollable circumstances 328Supported living payment payable to beneficiary who stops caring for another person 329If child ceases to be entitled to orphan’s benefit or unsupported child’s benefit 330Supported living payment on ground of restricted work capacity or total blindness and cancelled on medical grounds

Expiry and regrant of specified benefits

331Expiry date, and specified benefit, defined 332General rule 333Exception for specified benefit expiring in week of or before 26 December 334Exceptions for specified benefit based on prescribed circumstances 335MSD must notify or advise beneficiary 336Requirements for regrant

Payment of benefits, tax on benefits, debts and deductions

Payment of benefits

337How benefits are paid 338Weekly instalments 339Payment generally to, or on account of, beneficiary personally 340Required manner of payment: general 340ARequired manner of payment: money management for certain payments to people subject to sanction for first failure 340BCredit on payment card at end of money management 341Required manner of payment: youth money management for certain payments to young people 342Youth money management for certain payments to young people: exception if young person meets prescribed criteria for managing own payments 343Review and appeal of specified determinations made by MSD under regulations 344Young person beneficiaries may elect youth money management 345Credit on payment card, etc, at end of youth money management 346Required manner of payment: payment on death of beneficiary 347Advance payment of instalments of benefit 348Requirement for beneficiary, spouse or partner, or both, to undertake budgeting activity

Tax on benefits

349Interpretation 350MSD may pay tax on main benefit other than by tax deduction from source deduction payment 351Status of amount for income tax paid by MSD 352Recovery amount paid in excess of amount properly payable

Debts and deductions

353Debts and deductions 354Recovery of penalty from beneficiary who obtains by fraud amount in excess of entitlement 355Restriction on imposing penalty under section 354: prosecution for offence 356Restriction on imposing penalty under section 354: notice and period to respond 357Restriction on recovering penalty under section 354: decision to be final 358Recovery from spouse or partner who misleads MSD of excess amount beneficiary obtained 359Recovery from spouse or partner of apportioned excess amount beneficiary obtained by fraud 360Obtaining amount by fraud: meaning and proof 361Recovery from spouse or partner of unapportioned excess amount beneficiary obtained by fraud 362MSD’s duty to recover debts 363Duty unaffected by law on mistaken payments

Use of automated electronic systems

363AUse of automated electronic systems to make decisions, exercise powers, comply with obligations, and take related actions 363BPublication of details of arrangements for use of automated electronic systems 363CVariation and substitution of decisions made by automated electronic systems 363DAppeals and reviews unaffected

Notices and communications, services, and preferred suppliers

Notices and communications

364Ways MSD or person can meet requirement to give notice or other document

Young people services

365Services to encourage young people to move to and remain in education, training, and employment

Goods or services, for beneficiaries or others, supplied by preferred suppliers

366Preferred suppliers: contracts 367Preferred suppliers: determinations 368Preferred suppliers: paying them disability allowance, special assistance, or advance payment 369Preferred suppliers: paying them disability allowance: exception if total benefit payments less than amount required 370Preferred suppliers: paying them disability allowance: exception if allowance granted at maximum rate 371Preferred suppliers: no appeal lies against MSD decisions 372Preferred suppliers: transitional or savings provisions directions

Administration services provided by contracted service providers

373Administration service providers: contracts 374Administration service providers: contents and form of contracts 375Administration service providers: adoption of existing contracts 376Administration service providers: MSD to ensure information published 377Conduct of provider of services in relation to young people to be treated for specified purposes as if MSD’s conduct 378MSD may assign contracted service provider to young person

Medical services

379Minister determines rates and conditions of employment and payment

Reciprocity agreements with other countries

Orders

380Orders adopting reciprocity agreements 381Privacy report for orders adopting agreements with mutual assistance provisions 382Interpretation

Agreements

383Inclusion of mutual assistance provisions in reciprocity agreements

Debt recovery and information exchange

384MSD may use mutual assistance provisions to recover debts 385MSD may use mutual assistance provisions to exchange information

Adverse action arising from discrepancy

386Adverse action against individual if discrepancy shown by information from other country

Prosecutions and debt-recovery proceedings, and maintenance proceedings

387Prosecutions and debt recovery proceedings: representation and fees 388Payment of benefit does not affect right to maintenance 389Maintenance proceedings

Part 7:
Reviews and appeals

Guide to this Part

390What this Part does

Reviews by benefits review committee

Rights of review

391Right to seek review of specified decision of MSD made under delegation 392Application must be made within 3 months after date of notification or further period allowed

Committee

393Benefits review committee

Procedure

394How to begin, and procedure and powers for, review by benefits review committee

Appeals to appeal authority

Restrictions on appeals

395Appeals only against decision confirmed or varied by benefits review committee or made by chief executive personally 396Authority cannot hear and determine certain appeals on medical or capacity grounds

Rights of appeal

397Decision under specified social assistance enactments 398Decision under reciprocity agreements 399Decision to recover excess amount 400Appeal must be begun within 60 working days of notification or further allowed period

Appeal authority

401Social security appeal authority 402Act does not affect appeals to authority under other enactments

Procedure

403How to begin, and procedure and powers for, appeal to authority 404Notice, and carrying into effect, of decision

Appeals to courts

Appeals to High Court

405Right of appeal using case stated on question of law only 406Appeal must be begun, and case stated lodged, within time prescribed or allowed 407How to begin, and procedure for, appeal to High Court 408Orders, etc, on successful appeal

Appeals to Court of Appeal

409Appeal, with Court of Appeal’s leave, against High Court’s determination

Appeals to Supreme Court

410Appeal, with Supreme Court’s leave, against High Court’s or Court of Appeal’s determination

Appeals to medical board

Right of appeal

411Right of appeal on medical grounds 412Appeal must be begun within 3 months of notification or further allowed period

Board

413Board

Procedure

414How to apply, and procedure and powers, for appeal to board 415Notice of, and carrying into effect, board’s decision

Part 8:
Other provisions

Guide to this Part

416What this Part does

Benefits to be inalienable

417Benefits cannot, in general, be assigned or charged, or pass by operation of law

Regulations

418Regulations: general 419Regulations: general powers not limited by special powers 420Regulations: effect of duties or powers to give directions 421Regulations: residential requirement 422Regulations: income exemptions 423Regulations: accommodation supplement 424Regulations: childcare assistance 425Regulations: disability allowance: special categories of eligibility 426Regulations: use of disability allowance to fund specified expenses 427Regulations: funeral grants: amounts and methods of payment 428Regulations: temporary additional support 429Regulations: participation allowance for people participating in activities 430Regulations: specific obligations: obligations in relation to dependent children: definitions and attendance 431Regulations: specific obligations: work-test obligations, and deferrals of, or exemptions from, specified obligations 432Regulations: factors affecting benefits: pre-benefit activities 433Regulations: factors affecting benefits: insurance recovery 434Regulations: factors affecting benefits: overseas pensions 435Regulations: factors affecting benefits: issue of warrant to arrest beneficiary 436Regulations: factors affecting benefits: absence from New Zealand 437Regulations: issue and use of entitlement cards 438Regulations: application for benefit: making of, help with, lapse, and deemed receipt 439Regulations: certain benefits granted, or granted at rate, not taking into account certain insurance payments 440Regulations: exemptions from, and calculation of, stand down 441Regulations: expiry and regrant of specified benefits 442Regulations: payments 443Regulations: payments during epidemic in New Zealand 444Regulations: debts and deductions 445Regulations: further provisions on deductions 446Regulations: advance payment of instalments of benefit 447Regulations: budgeting activities due to application for advance payment of instalments of benefit 448Regulations: remittance or suspension of debt 449Regulations: ways MSD or person can meet requirement to give notice or other document 450Regulations: reciprocity agreements with mutual assistance provisions, and adverse action if discrepancy shown by information from other country 451Regulations: how to begin, and procedure and powers for, review or appeal

Orders adjusting rates of benefits, etc

452Orders in Council: discretionary increases in rates of benefits, etc 452AOrders in Council: mandatory annual average weekly earnings adjustment of rates of main benefits 453Orders in Council: mandatory annual CPI adjustment of rates of certain benefits

Confirmable instruments

454Certain orders are confirmable instruments

Repeals and revocations

455Social Security Act 1964 repealed 456Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 repealed 457Department of Social Welfare Act 1971 repealed 458Employment Services and Income Support (Integrated Administration) Act 1998 repealed

Consequential amendments

459Other enactments amended consequentially

Schedule 1:
Transitional, savings, and related provisions

Schedule 3:
Income and liabilities

Schedule 5:
Asset and income limits

Schedule 6:
Information gathering, disclosure, and matching

Schedule 7:
Benefits review committees

Schedule 10:
Consequential amendments

Schedule 11:
Identified changes in legislation

Schedule 12:
Comparative tables of old and rewritten provisions

Social Security Act 2018

Enforcement: sanctions and offences - Sanctions for breach of obligations other than young person or young parent obligations - Recompliance

265: Failure of drug test for purposes of recompliance constitutes third failure

You could also call this:

"Failing a drug test can count as your third strike, even if it's your first failure."

Illustration for Social Security Act 2018

If you fail a drug test, you will be treated as if you have failed three times in 24 months. This is for the purposes of a sanction being imposed on you, and it is stated in section 264(2)(a) or (b). You will be considered to have failed three times, even if this is your first drug test failure.

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This page was last updated on 19 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783689.

Topics:

Money and consumer rights > Banking and loansWork and jobs > Worker rights

264: Drug testing for purposes of recompliance, or

"Rules for drug testing to get benefits back"

266: Costs of drug testing for purposes of recompliance, or

"Who pays for drug tests when you're trying to follow the rules again"

Part 5Enforcement: sanctions and offences
Sanctions for breach of obligations other than young person or young parent obligations: Recompliance

265Failure of drug test for purposes of recompliance constitutes third failure

A person who fails a drug test stated in section 264(2)(a) or (b) must be treated, for purposes of the imposition of a sanction, as a person who has failed for a third time within a 24-month period to comply with a drug-testing obligation.

Compare

s 122A(5)

Notes

Section 265: amended, on 26 May 2025, by section 34 of the Social Security Amendment Act 2025 (2025 No 25).