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Social Security Act 2018

Other provisions - Regulations

441: Regulations: expiry and regrant of specified benefits

You could also call this:

“Rules for when some benefits stop and how to get them again”

The Governor-General can make rules about when certain benefits will end and how they can be given again. These rules are for benefits mentioned in sections 331 to 336 of the Social Security Act.

The rules can do several things:

They can set dates for when benefits will end. These dates can be the same or different for various benefits or groups of people getting benefits.

The rules can say that some benefits, like those for single parents, people with disabilities, or emergency help, are not part of this system of ending and restarting benefits.

They can explain when the Ministry of Social Development might make exceptions to the rule about benefits ending.

The rules can also say what you need to do to get your benefit started again after it has ended.

These rules are called secondary legislation, which means they are published in a special way for everyone to see.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6784013.

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Part 8 Other provisions
Regulations

441Regulations: expiry and regrant of specified benefits

  1. The Governor-General may, by Order in Council, make regulations for the purposes of sections 331 to 336.

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

  3. prescribe the expiry date or expiry dates for every benefit that is a specified benefit for the purposes of sections 331 to 336:
    1. declare a benefit that is sole parent support, supported living payment, or emergency benefit, not to be a specified benefit for the purposes of sections 331 to 336:
      1. specify circumstances in which MSD may consider an exemption under section 334(1) from expiry under section 332:
        1. specify, for section 336(2), requirements (not inconsistent with this Act) for the regrant of a specified benefit.

          1. Subsection (2)(a) authorises (without limitation) the regulations to prescribe the same expiry date, or 2 or more different expiry dates, for all or any combination of the following:

          2. each specified benefit for the purposes of sections 331 to 336:
            1. each specified benefit for the purposes of sections 331 to 336 insofar as that benefit is granted on each of 2 or more different specified eligibility grounds:
              1. each specified benefit for the purposes of sections 331 to 336 insofar as that benefit is (on all, or any specified, eligibility grounds) granted to a specified category, class, or kind of applicants, recipients, or beneficiaries.

                1. Subsection (2)(b) authorises (without limitation) the regulations to make a declaration in respect of sole parent support, supported living payment, or emergency benefit, as that benefit is granted in either or both of the followings ways (specified in section 331(2)(a) and (b)):

                2. that benefit as granted on only 1 or more specified available eligibility grounds:
                  1. that benefit as granted to only 1 or more specified categories, classes, or kinds of beneficiaries.

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

                    Compare
                    Notes
                    • Section 441(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).