438Regulations: application for benefit: making of, help with, lapse, and deemed receipt

1. The Governor-General may, by Order in Council, make regulations for the purposes of section 297.

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

3. specify the deadlines for receipt by MSD of the following:
   1. an application form completed to MSD’s satisfaction:
   2. supporting evidence reasonably required by MSD:
4. specify exceptions to those specified deadlines:
5. allow MSD to extend those prescribed deadlines:
6. provide for lapse of an application, or prohibit grant of a benefit, or both, unless those prescribed deadlines (if applicable, as they are extended by MSD under the regulations) are met:
7. provide for a duly completed and timely application to be taken for commencement of benefit purposes and stand-down period purposes to have been received on the date of first contact by or on behalf of the applicant:
8. provide for all reasonable help in te reo Māori to be given by an employee of the State services (as defined in section 5 of the Public Service Act 2020), without fee or other consideration, in connection with an application for a benefit, if—
   1. the applicant is a Maori (within the meaning of section 4 of the Maori Land Act 1993), and asks for help of that kind; and
   2. the employee has the necessary knowledge of te reo Māori:
9. provide that an application need not refer to a particular kind of benefit:
10. provide that an application does not, by referring to a particular kind of benefit, prevent MSD from granting any other kind or kinds of benefit:
11. authorise MSD to require as supporting evidence, if MSD considers that the appropriate benefit for an applicant is a youth support payment, evidence of the applicant’s specified costs:
12. authorise MSD to waive a requirement to complete an application form or some or all of a requirement to provide supporting evidence:
13. provide for travelling expenses and allowances for any applicant or beneficiary who has to be absent from that person’s regular place of residence for a purpose approved by MSD (for example, to be medically examined by, or at the, direction of MSD):
14. authorise MSD, in MSD’s discretion, to make advance payments to the applicant or beneficiary for meals and accommodation during the period of necessary absence, or to pay a refund, in MSD’s discretion, for actual and reasonable out-of-pocket expenses for the period of necessary absence:
15. provide for MSD, in any special case, and despite other regulations, to authorise payment of travelling expenses in respect of any applicant or beneficiary, or applicants or beneficiaries of any description, at rates and subject to conditions determined by MSD:
16. provide for receipt and deadline requirements for claims for refunds, and allow MSD to extend the deadline in any special circumstances.

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

Compare

• 1964 No 136 s 11D
• SR 2007/229 r 4

Notes

• Section 438(2)(f): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
• Section 438(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).