Social Security Act 2018

Other provisions - Regulations

443: Regulations: payments during epidemic in New Zealand

You could also call this:

“Special rules for giving out benefits during an epidemic”

During an epidemic in New Zealand, the Governor-General can make special rules. These rules let the Ministry of Social Development (MSD) change how they give out benefits. This can happen when there’s an official notice about the epidemic, and for a time after that.

With the Minister’s written approval, MSD can do things they usually can’t. They can give benefits to people who normally wouldn’t get them because of stand-down periods or suspensions. They can also start giving benefits again to people who had them cancelled.

MSD can give benefits to people who weren’t supposed to get them for a while. They can also pay benefits at a higher rate than usual, but not more than the maximum rate. This might happen if someone’s benefit was reduced because of their partner.

MSD can also choose not to cancel, suspend, or change benefits when they normally would have to.

These special rules are more important than the usual rules in the Social Security Act. They are called secondary legislation, which means they are published in a special way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6784016.

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Part 8 Other provisions
Regulations

443Regulations: payments during epidemic in New Zealand

  1. The Governor-General may, by Order in Council, make regulations authorising MSD, when a domestic epidemic management notice is in force, and for any further period notified by the Minister under section 64(3A), to do all or any of the following, with the written approval of the Minister and within any limits stated in the approval (and despite contrary provisions in this Act):

  2. cause benefits to be paid to people otherwise disentitled to them because of stand-down periods or suspensions of benefits:
    1. reinstate cancelled benefits:
      1. grant benefits to or reinstate the benefits of, and for any time or times MSD thinks fit make payments under them to, people who were or are subject to non-entitlement periods:
        1. cause benefits to be paid at a rate not higher than the maximum rate but higher than a lower rate to which people would otherwise be entitled (being a lower rate because of a reduction, variation, suspension, or direct deduction, or because of a sanction, penalty, or non-entitlement period, imposed on a spouse or partner):
          1. refrain from exercising a power, or from meeting a requirement in this Act, to cancel, suspend, or vary benefits or payments of benefits, in circumstances where the holders satisfy the normal criteria for, or the requirement in this Act applies and requires, cancellation, suspension, or variation of benefits or payments.
            1. Regulations made under this section override every provision of this Act to the contrary.

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

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            Notes
            • Section 443(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
            • Section 443(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).