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Social Security Act 2018

Other provisions - Regulations

442: Regulations: payments

You could also call this:

"Rules about how benefits and payments are made and shared"

Illustration for Social Security Act 2018

The Governor-General can make rules about payments. You can find more information about this in section 337. These rules can say how payments are made. The rules can also say when a payment can be made before the usual time. You can read about this in section 340. They can say how payments are redirected. If you get a benefit, you might have to pay it back if it was given to you by mistake. You can find more information about this in section 64 and section 444. The rules can also say how benefits are shared between partners. Some benefits cannot be shared, like the supported living payment. You can read about this in Part 3 of Schedule 4 and section 38. These rules are part of the law and you can find more information about them in the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6784014.

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Part 8Other provisions
Regulations

442Regulations: payments

  1. The Governor-General may, by Order in Council, make regulations for the purposes of section 337.

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

  3. specify default determinations, and exceptions, for the purposes of section 340 (required manner of payment: general):
    1. specify when MSD may or must pay an advance payment of a benefit to a preferred supplier of goods or services:
      1. provide for redirection arrangements for requested fixed period preferred supply of goods or services:
        1. provide for payments made in respect of a benefit granted under section 64 to be provisional only, and, if MSD believes on reasonable grounds that the benefit should not have been granted (or that too much was paid in respect of it), for the person granted it to be liable to repay the amount paid (or what MSD considers to be the amount of the excess) under regulations made under section 444:
          1. provide for apportionment, between a beneficiary and spouse or partner, of all or any of the following (other than benefits specified in subsection (3)):
            1. a benefit payable at a rate prescribed for a person who is in a relationship (a couple rate):
              1. any other benefits payable under this Act:
              2. provide that, when a benefit is apportioned under the regulations, the proportion paid to a person is for the purposes of the Income Tax Act 2007 income of that person.

                1. No regulations made under subsection (1) or (2)(e) can provide for apportionment of—

                2. a benefit paid under clause 5 or 6 of Part 3 (supported living payment) of Schedule 4; or
                  1. a supported living payment that, under section 38(2) or (3), is not apportioned; or
                    1. a youth support payment, or of any other benefit payable to a person receiving a youth support payment.

                      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 442(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).