433Regulations: factors affecting benefits: insurance recovery

1. The Governor-General may, by Order in Council, make regulations for the purposes of section 186.

2. Regulations made under subsection (1) may (without limitation) do all or any of the following:

3. provide that the grant of a benefit or the rate of benefit is subject to repayment to MSD of all or part of an insurance payment of a kind or description, or that falls within a class or definition, prescribed by the regulations:
4. provide that the amount of an income-related insurance payment, a debt insurance payment, or a health or disability insurance payment must, to the extent that MSD determines, be treated as being reduced by the amount of any costs incurred—
   1. by an applicant for a benefit or a beneficiary; and
   2. to obtain the payment:
5. provide that a benefit, or part of a benefit, subject to repayment under the regulations,—
   1. constitutes a charge on the amount of the insurance payment paid to the recipient; and
   2. is a debt due to the Crown under regulations made under section 444; and
   3. is recoverable under regulations made under section 444.

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

Compare

• 1964 No 136 s 68A(5), (7), (8)

Notes

• Section 433(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).