440Regulations: exemptions from, and calculation of, stand down

1. The Governor-General may, by Order in Council, make regulations for the purposes of sections 315 and 316(1)(b) and (4).

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

3. exempt benefits specified in the regulations, on any grounds and in any circumstances (and subject to any conditions) specified in the regulations, from a stand down:
4. provide that those benefits commence on a date specified in the regulations:
5. provide for a benefit to commence on the day on which it is granted if—
   1. the person has become eligible for the benefit while receiving another benefit; and
   2. the benefit is granted instead of that other benefit:
6. provide for a benefit to commence on the same day as another benefit commences if they are both applied for, or under regulations made under section 438 are taken to have been applied for, at the same time:
7. specify how a stand-down period (for a benefit to which section 316 applies) is calculated, both in general, and in exceptional cases (for example, of delayed redundancy and retirement payments, or of seasonal workers made redundant after a benefit commences):
8. provide for a person who is entitled to a benefit to which section 316 applies to elect to have the person’s average income calculated by reference to a period of 52 weeks instead of 26 weeks:
9. provide that a person of a kind specified in the regulations is entitled to receive the benefit applied for on a provisional basis and to have the stand-down period calculated as if the person’s average income did not include an amount the person is entitled to receive, but has not yet received:
10. provide that a payment to which paragraph (g) applies is a debt due to the Crown under regulations made under section 444, and subject to recovery under those regulations, from the person.

11. The purpose of exemption regulations made under subsections (1) and (2)(a) is to specify the grounds on which, and circumstances in which, it would be inappropriate for the people concerned to be subject to a stand down.

12. Exemption regulations made under subsections (1) and (2)(a) may be made only on the Minister’s recommendation.

13. The Minister must, before making a recommendation that particular exemption regulations be made under subsections (1) and (2)(a),—

14. have regard to the purpose and principles specified in sections 3 and 4, to the purposes of the stand down concerned, and to the purpose of the regulations; and
15. 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.

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

Compare

• 1964 No 136 ss 80(5), (8), (10), (13), (14), 80B,80BB, Schedule 28

Notes

• Section 440(6): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).