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Social Security Act 2018

Administration - Notices and communications, services, and preferred suppliers - Administration services provided by contracted service providers

377: Conduct of provider of services in relation to young people to be treated for specified purposes as if MSD’s conduct

You could also call this:

“Youth service provider's actions count as MSD's actions in certain cases”

When a company is hired to help young people, the things they do or don’t do are treated as if the Ministry of Social Development (MSD) did them. This applies to three specific situations:

First, if you get money from the government and your situation changes, you need to tell MSD. Even if you’re working with the hired company, it’s like you’re telling MSD directly.

Second, sometimes the government can give you money for past times. The Minister can decide to do this. If the hired company is involved, it’s treated as if MSD was making the decisions.

Third, there are rules about what happens if you owe money because of mistakes. These rules apply even if the hired company made the mistake, not MSD.

Remember, this only applies to companies hired specifically to help young people with social services.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783888.

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Part 6 Administration
Notices and communications, services, and preferred suppliers: Administration services provided by contracted service providers

377Conduct of provider of services in relation to young people to be treated for specified purposes as if MSD’s conduct

  1. Action or inaction by a contracted service provider contracted under section 373(1)(a) to provide services in relation to young people, and that is action or inaction in respect of the provision of those services, must be treated for the purposes of the following provisions as if it were action or inaction by MSD:

  2. section 113 (beneficiary must notify change of circumstances):
    1. sections 317 and 318 (Minister may consent to backdating):
      1. any provisions about debts caused wholly or partly by errors to which debtors did not intentionally contribute, and in regulations made under section 444.

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