452Orders in Council: discretionary increases in rates of benefits, etc

1. The Governor-General may, by Order in Council, amend a provision to which this subsection applies by increasing an amount that is—

2. an amount specified in the provision to which this subsection applies (see subsection (2)); and
3. an amount of an item to which this subsection applies (see subsection (3)).

4. Subsection (1) applies to the following provisions:

5. section 85(2)(c)(ii) and Part 3 of Schedule 5 (disability allowance):
6. section 423(3)(a) and (b) (cash assets treated as income for required income-based reductions to the assessed base rate amount of accommodation supplement):
7. Schedule 2, definitions of Income Test 1, Income Test 2, Income Test 3, and Income Test 4:
8. Part 1 of Schedule 4 (rates of jobseeker support):
9. Part 2 of Schedule 4 (rates of sole parent support):
10. Part 3 of Schedule 4, including clause 2, but excluding clauses 3 and 4 (rates of supported living payment):
11. Part 4 of Schedule 4 (orphan’s benefit):
12. Part 5 of Schedule 4 (unsupported child’s benefit):
13. Part 6 of Schedule 4 (rates and component of youth payment and young parent payment, and criteria for incentive payments):
14. Part 7 of Schedule 4 (accommodation supplement):
15. Part 8 of Schedule 4 (rates of winter energy payment):
16. Part 9 of Schedule 4 (rates of child disability allowance and disability allowance):
17. Part 10 of Schedule 4 (rates of generally abolished former widows' benefits under section 21 of the Social Security Act 1964 as saved by clause 55 of Schedule 1 for reciprocity agreement applicants or recipients):
18. Part 11 of Schedule 4 (rates of generally abolished former DPB for solo parents under section 27B of the Social Security Act 1964 as saved by clause 55 of Schedule 1 for reciprocity agreement applicants or recipients):
19. Part 12 of Schedule 4 (rates of benefits payable to long-term hospital patients):
20. Schedule 5 (asset and income limits that may be applied to certain assistance):
21. Schedule 2 (means assessment for long-term residential care) of the Residential Care and Disability Support Services Act 2018:
22. Schedule 1 (New Zealand superannuation entitlements) of the New Zealand Superannuation and Retirement Income Act 2001.

23. Subsection (1) applies to an item that—

24. is any benefit, allowance, lump sum payment, subsidy rate (see subsection (6)), maximum amount of any component, maximum amount of supplements, asset limit, income limit, income exemption, maximum amount of advance, cash assets test, the cash assets thresholds specified in section 423(3)(a) and (b), benefit stand-down income test, or annual or weekly income test; and
25. is not the rate of diminution of any benefit or allowance, or the period of a benefit stand down for a given income.

26. An Order made under subsection (1)—

27. must state the date on which it is to have effect (which may be a date before the date on which it was made); and
28. applies to lump sum payments on death in respect of persons who die on or after a date specified in the Order; and
29. applies to other items as payable or applicable on or after the date on which the Order has effect (and see also section 454(1)(b)).

30. Subsection (4) does not authorise any payment to be made before the date on which the Order is made.

31. In this section, subsidy rate means a figure that is the first percentage figure in a particular clause of Part 7 of Schedule 4.

32. An order under this section—

33. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); but
34. commences in accordance with subsections (4) and (5), even if it is not yet published.

35. An order under this section must also be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).