Social Security Act 2018

Other provisions - Regulations

450: Regulations: reciprocity agreements with mutual assistance provisions, and adverse action if discrepancy shown by information from other country

You could also call this:

“Rules about sharing information with other countries to check benefit details”

The Governor-General can make rules about agreements between New Zealand and other countries. These agreements help countries share information about people who get benefits or pensions.

The rules can say what kind of information countries can share. They can also set conditions for how this information is shared.

If the Ministry of Social Development (MSD) gets information from another country that doesn’t match what they know about you, they might want to change your benefits. The rules can say how MSD should handle this situation.

These rules are called ‘secondary legislation’. This means they are important laws, but they’re not made by Parliament. You can find them published online with other laws.

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Part 8 Other provisions
Regulations

450Regulations: reciprocity agreements with mutual assistance provisions, and adverse action if discrepancy shown by information from other country

  1. The Governor-General may, by Order in Council, make regulations for the purposes of sections 383 and 386.

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

  3. provide that a reciprocity agreement may contain (instead of, or as well as, any other kind or kinds of mutual assistance provisions) mutual assistance provisions of kinds specified in the regulations:
    1. provide that mutual assistance provisions of kinds specified in the regulations may be included in a reciprocity agreement only if those mutual assistance provisions comply with terms and conditions that are, or are equivalent in their effect to, terms and conditions specified in the regulations:
      1. provide for the processes to be followed if MSD proposes to take an adverse action against an individual as a result of a discrepancy (for example, a unique identifier discrepancy) produced by information MSD received from the competent institution of the other country under a mutual assistance information exchange provision.
        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 450(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).