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Social Security Act 2018

Other provisions - Regulations

431: Regulations: specific obligations: work-test obligations, and deferrals of, or exemptions from, specified obligations

You could also call this:

“Rules about work requirements and when you don't have to do them”

The Governor-General can make rules about work-test obligations and exemptions from certain obligations. These rules can cover:

  1. How drug tests for job seekers should be done and used.
  2. How the government can pay back employers for drug tests they ask job seekers to take.
  3. How the government can pause someone’s work-test obligations.
  4. Who can be excused from certain obligations, like preparing for work or meeting work-test requirements.
  5. How to give, review, or change these excuses.

The government can pause someone’s work obligations for a certain time or with certain conditions. The rules about excusing people from obligations are meant to be fair and not make people do things that wouldn’t be right for them.

Before making these rules, the Minister has to think about the main ideas of the law and make sure the rules aren’t too broad. They should only cover what’s really needed.

These rules are a type of law called secondary legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6784002.

Topics:
Work and jobs > Worker rights
Government and voting > Government departments
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Part 8 Other provisions
Regulations

431Regulations: specific obligations: work-test obligations, and deferrals of, or exemptions from, specified obligations

  1. The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

  2. prescribing requirements a drug test must comply with to be a compliant drug test under section 148:
    1. prescribing, for the purposes of section 150, how MSD may use the result of a drug test undertaken under section 147 and disclosed to MSD under section 149:
      1. prescribing, for the purposes of section 151, how MSD may reimburse a potential employer for the costs of a drug test under section 147 requested by that employer:
        1. prescribing, for the purposes of sections 155 and 156, how MSD may or must defer a person’s work-test obligations (including, without limitation, how a deferral of a person’s work-test obligations may be reviewed, extended, varied, or revoked):
          1. specifying the categories of people who may be granted an exemption under sections 157 and 158, on grounds (and in any required circumstances) specified in the regulations, from some or all of their—
            1. work-preparation obligations under sections 121 to 125:
              1. work-test obligations:
                1. obligations under section 162 (obligations of young person granted youth support payment):
                  1. obligations under section 164 (obligations of young person granted young parent payment):
                    1. obligations under section 165 (obligations of young 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):
                      1. obligations under section 166 (young person aged 16 or 17 years who has no dependent child and who is spouse or partner of specified beneficiary):
                        1. obligations under section 167 (young person aged 16 to 19 years who has dependent child and who is spouse or partner of specified beneficiary):
                        2. prescribing the procedure for the granting, and for the review, extension, variation, or revocation, of an exemption of that kind.

                          1. Regulations made under subsection (1)(d) may authorise a required or permitted deferral of a person’s work-test obligations to be granted—

                          2. for a period set by MSD; or
                            1. on conditions set by MSD; or
                              1. both for a period, and on conditions, set by MSD.

                                1. The purpose of exemption regulations made under subsection (1)(e) is to specify the grounds on which, and any circumstances in which, it would be inappropriate for the people concerned to be subject to, and liable to sanctions for failing to meet, the obligations concerned.

                                2. Exemption regulations made under subsection (1)(e) may be made only on the Minister’s recommendation.

                                3. The Minister must, before making a recommendation that particular exemption regulations be made under subsection (1)(e),—

                                4. have regard to the purpose and principles specified in sections 3 and 4, to the purposes of the obligations concerned, and to the purpose of the regulations; and
                                  1. be satisfied that each exemption provided for in them is not broader than is reasonably necessary to address the matters that gave rise to the regulations.

                                    1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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                                    Notes
                                    • Section 431(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).