1Transitional, savings, and related provisions Empowered by ss 2, 11, 132, 165, 168, 198, 389, 397, 452–457, Schedules 2, 4, 6

1Provisions relating to Act as enacted

Interpretation

1Changeover and saved defined

In this schedule,—
changeover, for a provision of the Social Security Act 1964, means the time at which the provision is repealed by section 455(1)
saved, in relation to any arrangement, contract, decision, enactment, increase, instrument, period, reduction, or status (in each case, however described), means—
1. continued in force only if, and as, in force immediately before the changeover; and
2. continued in force under, and with all necessary modifications for, the enactment under which it is continued; and
3. able to be amended, revoked, or replaced under that enactment (or by any other enactment).

General provisions (Part 1)

2Ministerial directions

Directions given under section 5 (alone, or with 1 or more related provisions) of the Social Security Act 1964 are saved as if given under section 7 (alone, or with 1 or more corresponding related provisions) of this Act.
Subclause (1) is subject to subclauses (3) to (5).
If the directions were given for the purposes of section 125AA(5) of the Social Security Act 1964, they are saved as if they were directions—
given under section 372; and
of the kind referred to in section 372(1).

If the directions were given for the purposes of section 132AD(4)(c) of the Social Security Act 1964, they are saved as if they were notices—
given under regulations made under section 426; and
of the kind referred to in section 426(2)(b) and (4).

If the directions were given for the purposes of section 60RAB(1)(b) of the Social Security Act 1964, they are saved as if they were notices—
given under regulations made under section 430(1)(a); and
of the kind referred to in section 430(2).

A reference in the directions to a provision of the Social Security Act 1964 is to be interpreted as a reference to this Act, or to the corresponding provision of this Act, to the extent necessary to reflect sensibly the intent of the directions (see section 9 of this Act).

3Determinations of conjugal status for benefit purposes

This clause applies to determinations—
made under section 63 of the Social Security Act 1964; and
not made, or so far as they were not made, for the purposes of section 69FA or 132D, Part 4, or Schedule 27 or 30 of that Act (see clause 1 of Schedule 1 of the Residential Care and Disability Support Services Act 2018).

The determinations specified in subclause (1) are saved as if made under section 8(2) or (4).
However, the determinations specified in subclause (1) that are made under section 63(b) of the Social Security Act 1964 continue under subclause (2) as if they were determinations made under section 8(4).

Assistance (Part 2)

4Assistance continued

This clause applies to a person who, immediately before the changeover, was receiving, or had been granted, a benefit, or any other assistance, under the Social Security Act 1964 (the former assistance).
The former assistance may be a benefit, or any other assistance, under the Social Security Act 1964 (for example, special assistance under section 124(1)(d) of that Act), whether or not entitlement to that benefit or assistance arises by virtue of an agreement or a convention given effect in relation to New Zealand by an order made under section 19 of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990.

After the changeover, the person is entitled to receive the benefit, or other assistance, under this Act that corresponds to the former assistance (the corresponding assistance), and at the appropriate rate under this Act, until the corresponding assistance ends or expires, or is for any reason cancelled.

Examples

The following table is small in size and has 2 columns. Column 1 is headed Former assistance and column 2 is headed Corresponding assistance.
Former assistance		Corresponding assistance
Jobseeker support on the ground of sickness, injury, or disability		Jobseeker support on the ground of health condition, injury, or disability
Supported living payment under section 40B on the ground of sickness, injury, disability, or total blindness		Supported living payment on the ground of restricted work capacity or total blindness

This clause is subject to clause 5.

5Conditions of entitlement under clause 4

Entitlement to the corresponding assistance, and the rate of benefit that is being or was paid, may be reviewed under subpart 3 of Part 6.
Entitlement to the corresponding assistance is subject to conditions, obligations, exemptions from obligations, failures, and related sanctions (for example, reductions, suspensions, and cancellations, and disentitlements to receive benefits for a specified period) for the former assistance and under provisions of the Social Security Act 1964, and those conditions, obligations, exemptions from obligations, failures, and related sanctions continue for the corresponding assistance, and under the corresponding provisions of this Act.
Entitlement to the corresponding assistance is subject to the expiry date of the former assistance, and also to a notice given to, or requirement imposed on, the person under the Social Security Act 1964 before the changeover (for example, a notice stating that the person’s entitlement to the former assistance will cease unless the person reapplies for the former assistance and it is regranted). The notice or requirement continues in force after the changeover as if it had been given or imposed under the corresponding provisions of this Act and in respect of the corresponding assistance.
Entitlement to the corresponding assistance is subject to non-entitlement periods under the Social Security Act 1964, and those non-entitlement periods continue for the corresponding assistance, and under the corresponding provisions of this Act.
Entitlement to the corresponding assistance is subject to any other reductions, and to increases, in the rate of benefit, that were in place under the Social Security Act 1964 (for example, under section 61EC(4)(b), 61G(6)(c), 63, 69C(4), 70(1), 70A, 71A, 73(1), 74(1), or 75 of that Act, or under a provision of that Act requiring or permitting an income-based adjustment to a rate of benefit).
Those other reductions, and increases, are saved by this subclause as if they were required or permitted, and put in place, under the corresponding provisions of this Act, and in respect of the assistance or corresponding assistance concerned.

6Applications for or related to former assistance and that are made, but not determined, before changeover

This clause applies to an application—
for all or any of the following under the Social Security Act 1964:
1. a benefit, or any other assistance, under that Act (the former assistance):
2. an advance payment under section 82(6) of a benefit:
3. an exemption under section 105 from, or deferral under sections 88H and 88I of, obligations:
4. a review by the chief executive under section 88F(6) of a determination under section 88F(2) (which is a determination about capacity to seek, undertake, and be available for part-time work); and
made, but not decided or determined, before the changeover.

The former assistance may be a benefit, or any other assistance, under the Social Security Act 1964 (for example, special assistance under section 124(1)(d) of that Act), whether or not entitlement to that benefit or assistance arises by virtue of an agreement or a convention given effect in relation to New Zealand by an order made under section 19 of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990.
After the changeover, the application is treated as one for the corresponding benefit, other assistance, advance payment, exemption or deferral, or review, under this Act (and, if it is for a benefit, as one for which the applicant has the same date of first contact).

7Backdating of corresponding former benefit if application made under this Act after changeover

This clause applies to an application—
for a benefit under this Act; and
made under this Act, and after the changeover; and
to the extent that the benefit is under sections 317 and 318 to be backdated and payable for a period ending both before the application is made and before the changeover.

MSD may, instead of backdating for that period under sections 317 and 318 the benefit under this Act, backdate for that period and under section 80AA or 80BA(4)(b) of the Social Security Act 1964 the corresponding former benefit under that Act.

8Jobseeker support: validation of payments when spouse’s or partner’s regular support lost due to sentence of imprisonment, etc

This clause applies to jobseeker support under the Social Security Act 1964 that was, or is yet to be, paid—
to a person to whom section 20A(d) or (e) of that Act applies; and
in respect of a period—
1. on or after 15 July 2013; and
2. before the changeover.

That jobseeker support is payable as if—
the person were a single beneficiary for clauses 1(ba) and (c) and 5A of Schedule 9 of that Act; and
section 80BA(4)(b)(iv) of that Act applied to jobseeker support granted to the person.

9Jobseeker support: validation of eligibility if temporarily engaging in full-time employment with income less than would reduce benefit to zero

This clause applies to the reference in section 88B(6) of the Social Security Act 1964, as that section was in force on and after 15 July 2013 and until the changeover, to a person receiving jobseeker support at the rate in clause 1(ab) or (ba) of Schedule 9 of that Act.
That reference must be taken to include, and to have always included, a reference to a person receiving jobseeker support at the rate in clause 1(c) of Schedule 9 of that Act.

10Jobseeker support: correction of reference in saving related to transfer to jobseeker support

Clause 2(15) of Schedule 32 of the Social Security Act 1964 must be taken—
to apply, and always to have applied, to a person to whom clause 2(9) of that schedule applies; and
not to apply, and never to have applied, to a person to whom clause 2(6) of that schedule applies.

11Supported living payment: regulations prescribing minimum expected period of restricting sickness, injury, or disability

This clause applies to the Social Security (Supported Living Payments Benefit) Regulations 1998 made under section 132 of the Social Security Act 1964 for the purposes of section 40B(2)(a) of that Act.
Those regulations are saved as if made under section 418(1)(b) for the purposes of section 35(2)(a).
A sickness referred to in the regulations (as saved by this clause) is for the purposes of section 35(2)(a) treated as a health condition.

12Youth payment and young parent payment: incentive payments regulations

This clause applies to Part 1 of the Social Security (Criteria for Incentive Payments and Money Management) Regulations 2012 made under section 132 of the Social Security Act 1964 for the purposes of sections 163(2) and 169(2) of that Act.
Those regulations are saved as if made under section 418(1)(c) and (d) for the purposes of sections 55(1) and 62(1).

13Accommodation supplement: cash assets exemptions regulations

This clause applies to the Social Security (Income and Cash Assets Exemptions) Regulations 2011 made under sections 132 and 132AA of the Social Security Act 1964, but only so far as they declare any specified item or amount of cash assets, or cash assets of a specified kind, not to be cash assets for that Act’s purposes.
Those regulations are saved as if made under section 423(1)(b) for the purposes of subpart 10 of Part 2 and Part 7 of Schedule 4.

14Accommodation supplement: regulations defining areas

This clause applies to any regulations made, before 26 November 2018, under section 61I of the Social Security Act 1964 (as inserted by subpart 4 of Part 2 of the Families Package (Income Tax and Benefits) Act 2017).
The regulations are saved as if they were made under section 423(1)(c).
However, for the purposes of Schedule 2, the definition of Area 1, Area 2, Area 3, and Area 4, paragraph (b), and of clause 15 of this schedule, the regulations are taken to have commenced on 26 November 2018.
This clause does not limit or affect clause 54.

15Accommodation supplement: Schedule 4 amended

In Schedule 4, Part 7, repeal clause 8 (which defines Area 1, Area 2, Area 3, and Area 4) on the commencement of the first regulations made under section 423(1)(c) (see also clause 14(3) of this schedule).

Notes

16Saving for emergency benefit granted if analogous benefit is New Zealand superannuation or veteran’s pension

This clause applies to a benefit if—
the benefit was an emergency benefit granted under section 61 of the Social Security Act 1964, and payable to a person immediately before the changeover; and
the analogous benefit was determined under section 61(2) of that Act to be New Zealand superannuation or a veteran’s pension.

The benefit continues as an emergency benefit under subpart 9 of Part 2—
at the rate that would apply if the analogous benefit continued to be New Zealand superannuation or a veteran’s pension; and
until the person no longer qualifies to receive the emergency benefit.

Subclause (2)(a) applies even if the rate it requires is contrary to section 63(4) (about emergency benefits not exceeding the rate of the equivalent main benefit under this Act).

17Childcare assistance regulations

Regulations made under section 132AC of the Social Security Act 1964 are saved as if made under section 424.

18Temporary additional support regulations

Regulations made under section 132AB of the Social Security Act 1964 are saved as if made under section 428.

19Special benefit under Social Security (Working for Families) Amendment Act 2004

This clause applies to a special benefit—
continued under section 23 of the Social Security (Working for Families) Amendment Act 2004; and
payable immediately before the changeover.

The special benefit continues to be payable under that section (as saved by this clause).
This clause overrides section 455(1) (Social Security Act 1964 repealed).

20Programmes of special assistance for visitors to New Zealand

Overseas epidemic management notices given under section 61CE of the Social Security Act 1964 are saved as if they were given under section 99.
Programmes of special assistance (to visitors to New Zealand affected by overseas epidemics) established under section 61CF of the Social Security Act 1964 are saved as if they were programmes established under section 100.

21Ministerial welfare programmes

Welfare programmes approved and established under section 124(1)(d) of the Social Security Act 1964 are saved as if they were special assistance programmes approved and established under section 101.
A reference in the programmes to a provision of the Social Security Act 1964 is to be interpreted as a reference to this Act, or to the corresponding provision of this Act, to the extent necessary to reflect sensibly the intent of the programmes (see section 9 of this Act).

Obligations (Part 3)

22Attendance of dependent child at recognised early childhood education programme regulations

This clause applies to the Social Security (Social Obligations—Attendance at Recognised Early Childhood Education Programme) Regulations 2013 made under sections 60RA(3), 60RAB, and 132 of the Social Security Act 1964 for the purposes of section 60RA(3)(a)(ii) and (b)(i) of that Act.
Those regulations are saved as if they were made under sections 137(2) and 430(1)(b) for the purposes of sections 131(1)(b) and 132(1)(a).

23Application of work-test obligations regulations

This clause applies to the Social Security (Application of Work Test Obligations) Regulations 2007 made under section 132 of the Social Security Act 1964 for the purposes of section 102(3)(b) of that Act.
Those regulations are saved as if they were made under section 418(1)(e) for the purposes of section 143(1)(b).

24Maximum reimbursement amounts of costs of drug test regulations

This clause applies to the Social Security (Work Test Obligations—Drug Testing Obligations) Regulations 2013 made under section 132 (read in the light of section 102C(3) and (4)) of the Social Security Act 1964, so far as they prescribe maximum reimbursement amounts for the purposes of section 102C(3) of that Act.
Those regulations are saved as if they were made under section 431(1)(c) for the purposes of section 151.

25Drug-testing obligation regulations

Regulations made under section 132 (read in the light of sections 88A, 102C(3) and (4), and 116C(2)(e)) of the Social Security Act 1964 are saved as if they were made under section 418(1)(f), (g), and (h) for the purposes of the definitions in section 152 of evidential drug test, pass, and screening drug test.

26Participation allowance regulations

Regulations made under section 132F of the Social Security Act 1964 are saved as if they were made under section 429.

27Obligations exemption regulations

Regulations made under section 123D of the Social Security Act 1964 are saved as if they were made under section 431(1)(e).

28Obligations of spouses or partners of specified beneficiaries: exception to section 166

This clause applies to a young person—
who is the parent or step-parent of a dependent child or dependent children; and
who is the spouse or partner of a specified beneficiary (as defined in section 157 of the Social Security Act 1964 as in force immediately before 8 July 2016) who is aged 20 years or older; and
who, immediately before 8 July 2016 (the date on which section 25 of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 came into force), is aged 19 years.

The young person is not subject to the obligations specified in section 166 of this Act.
This clause applies despite section 166 of this Act, and does not affect the operation, before the changeover, of clause 26(3) and (4) of Schedule 32 of the Social Security Act 1964.

Factors affecting benefits (Part 4)

29Pre-benefit activities

Requirements and determinations made under section 11E(2) of the Social Security Act 1964 are saved as if they were made under section 184.
Regulations made under section 132J of the Social Security Act 1964 are saved as if they were made under section 432.

30Overseas pensions regulations, arrangements, and contracts

Regulations made under section 132C of the Social Security Act 1964 are saved as if they were made under section 434.
Arrangements entered into under section 70(3)(a) of the Social Security Act 1964 are saved as if they were entered into under section 190 and in accordance with regulations made under section 434.
Contracts entered into under section 70(3A) of the Social Security Act 1964 are saved as if they were entered into for the purpose of implementing—
arrangements saved by subclause (2); and
arrangements entered into under section 190 and in accordance with regulations made under section 434.

31Loss of earnings compensation under Accident Compensation Act 2001

Section 198(2) does not apply if—
a person (P) mentioned in section 198(1)(a) is entitled to receive, and is receiving, a specified benefit as defined in section 198(3); and
P was immediately before 1 July 1999 receiving a benefit under the Social Security Act 1964 that is the same as, or that corresponds to, the specified benefit, and is identified in section 71A(1) of that Act as an income-tested benefit to which section 71A of that Act applies; and
P was immediately before 1 July 1999 receiving compensation for loss of earnings or loss of potential earning capacity under the Accident Rehabilitation and Compensation Insurance Act 1992; and
section 71A(2) of the Social Security Act 1964 (as that section was before it was repealed and substituted by the Accident Insurance Act 1998) required the compensation payments to be brought to charge as income in the assessment of P’s income-tested benefit under that Act.

Compare

1964 No 136 s 71A(4)

32Effect on benefit of issue of warrant to arrest: validation about modification applying when benefit suspended immediately

This clause applies to section 75B(9)(b) of the Social Security Act 1964 as in force on and after 15 July 2013 and until the changeover.
By way of explanation, that section 75B(9)(b) provides that section 120 of that Act (modified effect in some cases of sanctions on rate of benefit for people married or in civil union or de facto relationship) applies to a benefit that is suspended under section 75B(7) of that Act, as if the benefit had been suspended under section 117 of that Act (sanctions that may be imposed for failures).
That section 75B(9)(b) must be taken to include, and to have always included, a provision to the effect that section 120 of the Social Security Act 1964 (as applied by that section 75B(9)(b)) does not apply—
if the person whose benefit is suspended under section 75B(7) is not receiving a main benefit under this Act (as defined in section 3(1) of that Act); or
if the spouse or partner of the person whose benefit is suspended under section 75B(7) is receiving a main benefit under this Act (as so defined) in the spouse’s or partner’s own right.

33Regulations about effect on benefit of issue of warrant to arrest

Regulations made under section 132L of the Social Security Act 1964 are saved as if they were made under section 435.

34Regulations about effect of absence from New Zealand

This clause applies to the Social Security (Effect of Absence of Beneficiary from New Zealand) Regulations 2013 made under section 132 of the Social Security Act 1964 for the purposes of section 77 of that Act.
Those regulations are saved as if they were made under section 436 for the purposes of section 219.

Enforcement: sanctions and offences (Part 5)

35Drug-testing obligations: good and sufficient reason regulations

This clause applies to the Social Security (Work Test Obligations—Drug Testing Obligations) Regulations 2013 made under section 132 (read in the light of section 116C(2)(e)) of the Social Security Act 1964, so far as they prescribe a ground on which a beneficiary may for the purposes of section 116B of that Act have a good and sufficient reason for specified failures.
Those regulations are saved as if they were made under section 418(1)(j) for the purposes of section 250(1)(e).

36Good and sufficient reason: failure to comply with drug-testing obligation: approvals of kinds of addiction treatment

Approvals under section 116C(2)(b)(iii) of the Social Security Act 1964 are saved as if they were given under section 250(2)(c).

Administration (Part 6)

37Chief executive reviews

Subpart 3 of Part 6, and all related provisions, of this Act apply (with all necessary modifications), and section 81 of the Social Security Act 1964 does not apply, to a benefit granted before the changeover (whether or not the benefit is continued under clause 4), if the chief executive—
immediately before the changeover could have begun under section 81 of the Social Security Act 1964 (apart from, or with, section 124(2) and (2A) of that Act) a review of the benefit; and
did not begin, before the changeover, and under section 81 of the Social Security Act 1964, a review of the benefit.

Reviews by the chief executive begun under section 81 of the Social Security Act 1964 (apart from, or with, section 124(2) and (2A) of that Act), and not withdrawn or completed at the changeover, may be continued or completed by MSD as if they were reviews under subpart 3 of Part 6 (review of entitlement to, or rate of, benefit granted).
Requirements made under section 81(1) of the Social Security Act 1964 to provide information, if not withdrawn and not met at the changeover, are saved as if they were requirements made under section 305(1) (information for review).
Suspensions, terminations, or variations of rate, of benefit, and effected under section 81(1) of the Social Security Act 1964 are saved as if they were equivalent suspensions, cancellations, or variations effected under section 305(2) (information for review).

38Elections and stand-down periods

Elections and stand-down periods under section 80BA of the Social Security Act 1964 are saved as if they were (as the case requires)—
elections for the purposes of regulations made under section 440(2)(f); or
stand-down periods under section 316.

39Effect of participation in certain activities on non-entitlement period

Approvals of activities, if given under section 123B of the Social Security Act 1964, are saved as if they were given under section 324.

40Expiry and regrant of specified benefits regulations and exemptions

The Social Security (Expiry and Re-grant of Specified Benefits) Regulations 2013 made under section 132M of the Social Security Act 1964 are saved as if they were regulations made under section 441 for the purposes of sections 331, 334, and 336.
An exemption under section 80BE(8) of the Social Security Act 1964 is saved as if it were an exemption under section 334(1) and (2).

41Payment of benefits

Directions given under paragraph (a) of the proviso to section 82(3) of the Social Security Act 1964 are saved as if they were decisions by MSD to make payments under section 339(1)(a) or (b).
Directions given under paragraph (b) of the proviso to section 82(3) of the Social Security Act 1964 are saved as if they were decisions by MSD to make payments under section 339(1)(c).
Part 2 (Money management) of the Social Security (Criteria for Incentive Payments and Money Management) Regulations 2012 made under section 132 of the Social Security Act 1964 for the purposes of sections 179 and 180 of that Act is saved as if that Part were made under section 418(1)(k) and (l) for the purposes of sections 341(1) and (3)(d), 342(1)(b), and 344(2).
Determinations made under section 82(4) of the Social Security Act 1964 are saved as if they were made under section 340.
Decisions made under section 82(6) of the Social Security Act 1964 to make an advance payment of a benefit are saved as if made under section 347.
The Social Security (Advance Payment of Benefit) Regulations 2010, so far as they were made under section 132K(1)(a) of the Social Security Act 1964, are saved as if made under section 446 for the purposes of section 347.
Decisions made under section 82(6AA) to (6AC) of the Social Security Act 1964 to make an advance payment of a benefit to a preferred supplier of goods or services (including nominations given under section 82(6AB) of that Act—see clause 46(4)) are saved as if they were made under section 368.
Redirection arrangements made under section 82(6F) and (6G) of the Social Security Act 1964 are saved as if they were payments authorised by regulations made under section 442(2)(c).

42Budgeting activities regulations

This clause applies to the Social Security (Advance Payment of Benefit) Regulations 2010, so far as they were made under section 132K(1)(b) and (c) of the Social Security Act 1964.
Those regulations are saved as if they were made under section 447 for the purposes of section 348.

43Debts: excess amounts, regulations, determinations, etc

This Act (for example, MSD’s duty under section 362 to recover debts) applies to debts due to the Crown under the Social Security Act 1964, and that at the changeover are not yet recovered, as if they were specified in this Act, or in regulations made under this Act, as debts due to the Crown.
Regulations made under section 444 apply to, or in respect of, an amount that a person has obtained or received—
in excess of the amount to which the person is by law entitled or to which the person has no entitlement; and
before or after the commencement of this clause.

Regulations (providing for remittance or suspension of debt) made under section 132G of the Social Security Act 1964 are saved as if they were made under section 448.
Method of recovery determinations under section 86(1BA)(a) of the Social Security Act 1964 are saved as if they were made under regulations made under section 444.
Temporary deferral decisions under section 86(1BA)(b) of the Social Security Act 1964 are saved as if they were made under regulations made under section 444.
Directions given under section 86(1BC) of the Social Security Act 1964 are saved as if they were given under regulations made under section 444.
Assessments made under section 86(4) or (5) of the Social Security Act 1964 are saved as if they were made under regulations made under section 444.
Written notices of assessments given under section 86(7) of the Social Security Act 1964, if served, are saved as if given and served under regulations made under section 444.
Applications made under section 86(7) of the Social Security Act 1964, if made and not withdrawn or finally determined before the changeover, continue with all necessary modifications as if they were applications made under regulations made under section 444.

44Deductions: deduction notices

Deduction notices issued under section 86A of the Social Security Act 1964 are saved as if they were issued under regulations made under section 444.
Applications made to the District Court under section 86H of the Social Security Act 1964, if not withdrawn or finally determined before the changeover, continue with all necessary modifications as if they were applications made under regulations made under section 444.

45Reciprocity agreement orders, etc

Orders made under section 19 of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 are saved as if they were made under section 380.
Reciprocity agreements entered into under sections 19A to 19C of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990, if in force at the changeover, continue in force with all necessary modifications as if entered into under regulations made under section 450.
Agreements under section 19C(1)(d) of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 between the competent institutions of the parties, if in force at the changeover, continue in force with all necessary modifications as if entered into under regulations made under section 450.
Actions (recovery of social security debts, exchanges of information, and adverse actions in respect of discrepancies produced by information received) under section 19D of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990, if begun but incomplete at the changeover, may be continued and completed under regulations made under section 450 (which apply with all necessary modifications).

46Preferred suppliers: contracts, determinations, directions, and nominations

Contracts entered into under section 125AA(3) of the Social Security Act 1964 are saved as if they were entered into under section 366.
Determinations made under section 125AA(1) of the Social Security Act 1964 are saved as if they were made under section 367.
Directions given under sections 5 and 125AA(5) of the Social Security Act 1964 are, under clause 2(3) of this schedule, saved as if they were directions—
given under section 372; and
of the kind referred to in section 372(1).

Nominations given under section 69C(7B) and (7BA), 82(6AB) and (6AC), or 124(1BB) and (1BBA) of the Social Security Act 1964 are saved as if they were given under section 368(2) and (5).
Determinations made under section 69C(7C) of the Social Security Act 1964 are saved as if they were made under section 370.

47Administration service providers: contracts and regulations

Contracts entered into under section 125A(1) of the Social Security Act 1964 are saved as if they were entered into under section 373(1).
Parts 1 and 1A of the Social Security (Contracts and Information Sharing with Service Providers) Regulations 2012 made under section 132 (for the purposes of sections 125A(1)(b) and 125B(1)(c)) of the Social Security Act 1964 are saved as if those Parts were made under sections 373(1)(a)(ii) and (b), 374(1)(c), and 418(1)(m) and (n).

48Providers of services in relation to young people: actions between 15 July 2013 and changeover

Section 125G of the Social Security Act 1964 must be taken to have applied, on and after 15 July 2013 and until the changeover, only to a contracted service provider contracted under section 125A(1)(a) of that Act to provide services that, in relation to young people, are—
services of the kind referred to in section 123E(a) of that Act; or
services in relation to Part 5 of that Act.

49Family Proceedings Act 1980 maintenance payable to the Crown

Section 61CA of the Social Security Act 1964, as in force at the changeover, continues in force (as if it had not been repealed) for the purposes of the recovery by the beneficiary, or the chief executive, on behalf of the Crown, and the payment to the Crown, of any maintenance debt (as defined in section 61CA (1) of that Act).

Reviews and appeals (Part 7)

50Benefits review committee reviews

Subpart 2 of Part 7 applies (with all necessary modifications), and the provisions of the Social Security Act 1964 about reviews by a benefits review committee do not apply, to a decision made before the changeover, and made in relation to a person who, or made in relation to an estate whose personal representative,—
immediately before the changeover could have begun under section 10A of that Act (within a specified, or a further allowed, period) a review of the decision; and
before the changeover did not begin under section 10A of that Act a review of the decision.

Reviews begun under section 10A of the Social Security Act 1964 and not withdrawn or completed at the changeover must be completed under subpart 2 of Part 7.
For the purpose of subclause (2), every benefits review committee under section 10A of the Social Security Act 1964 and existing at the changeover continues as if it were established under Schedule 7.

51Appeals to appeal authority

Subpart 3 of Part 7 applies (with all necessary modifications), and the provisions of the Social Security Act 1964 about appeals to the Social Security Appeal Authority do not apply, to a decision made before the changeover, and made in relation to an applicant, a beneficiary, or any other person who, or made in relation to an estate whose personal representative,—
immediately before the changeover could have begun under sections 12J and 12K of that Act (within a specified, or a further allowed, period) an appeal against the decision; and
before the changeover did not begin under sections 12J and 12K of that Act an appeal against the decision.

Appeals begun under section 12K of the Social Security Act 1964 and not withdrawn or finally determined at the changeover must be completed under subpart 3 of Part 7.
Every appeal authority established by or under section 12A or 12D of the Social Security Act 1964 and existing at the changeover continues as if it were established by or under Schedule 8.
Despite subclause (3), members of a special appeal authority under section 12D of the Social Security Act 1964 who hold office at the changeover—
have no maximum term of office under clause 4(3)(a) of Schedule 8; and
cease to hold office only under clause 3 of Schedule 8 and by death, resignation, or removal from office.

52Appeals to courts

Subpart 4 of Part 7 applies (with all necessary modifications), and the provisions of the Social Security Act 1964 about appeals to courts do not apply, to a determination made before the changeover, if a party to the proceedings that resulted in the determination,—
immediately before the changeover could have begun under section 12Q, 12R, or 12S of that Act (within a specified, or a further allowed, period) an appeal against the determination; and
before the changeover did not begin under section 12Q, 12R, or 12S of that Act an appeal against the determination.

Appeals begun under sections 12Q to 12S of the Social Security Act 1964 and not withdrawn or finally determined at the changeover must be completed under subpart 4 of Part 7.

53Appeals to medical board

Subpart 5 of Part 7 applies (with all necessary modifications), and the provisions of the Social Security Act 1964 about appeals to the Medical Board do not apply, to a decision made before the changeover, if an applicant or a beneficiary—
immediately before the changeover could have begun under section 10B of that Act (within a specified, or a further allowed, period) an appeal against the decision; and
before the changeover did not begin under section 10B of that Act an appeal against the decision.

Appeals begun under section 10B of the Social Security Act 1964 and not withdrawn or finally determined at the changeover must be completed under subpart 5 of Part 7.
For the purpose of subclause (2), every medical board established under section 10B of the Social Security Act 1964 continues after the changeover as if it were established under Schedule 9.

Other provisions (Part 8)

54Rates of benefits and allowances order or accommodation supplement areas order

This clause applies to an order made on or after the day after the date on which this Act receives the Royal assent and made before or on 25 November 2018 that is all or any of the following:
an order—
1. made under section 61H(1) (apart from, or with, clause 3(6) of Schedule 32) of the Social Security Act 1964; and
2. making amendments to that Act with effect before 26 November 2018:
an order—
1. made under section 61HA(2) (apart from, or with, clause 3(6) of Schedule 32) of the Social Security Act 1964; and
2. making amendments to that Act with effect on 1 April 2018:
an order—
1. made under section 61I(1) of the Social Security Act 1964; and
2. making amendments to that Act, or defining in regulations Area 1, Area 2, Area 3, and Area 4 for the purposes of Part 1K and Schedule 18 of that Act, with effect before 26 November 2018.

The order is a confirmable instrument, and an annual confirmable instrument, under section 47B of the Legislation Act 2012, and section 454(2) of this Act applies to it, as if it were made under all or any of the following sections:
section 423(1)(c) of this Act:
section 452(1) (apart from, or with, clause 55(6) of Schedule 1) of this Act.

55Reciprocity agreement applicants for, or recipients of, certain DPBs for solo parents or widows' benefits

This subclause applies to a widow or widower who, immediately before 15 July 2013, was ordinarily resident in New Zealand or an overseas country and had made an application pursuant to an agreement or convention given effect in relation to New Zealand by an Order in Council made pursuant to section 19 of the Social Welfare (Transitional Provisions) Act 1990 for, and had entitlement to, but had not yet in response to the application been granted,—
a widow's benefit under section 21 of the Social Security Act 1964; or
a domestic purposes benefit under section 27B of the Social Security Act 1964 for an applicant (as defined in section 27B(1)(f) of that Act).

A widow or widower to whom subclause (1) applies may be granted the benefit in subclause (1)(a) or (b) (as the case requires) as if that benefit had not been abolished (by clause 2(1) of Schedule 32 of the Social Security Act 1964) and as if the provisions on that benefit had not been repealed, and if granted to the widow or widower that benefit commences as it would have done had those provisions not been repealed, and continues so long as—
the widow or widower continues to meet the conditions of entitlement to that benefit in those provisions; and
the agreement or convention, or any replacement agreement or convention, continues in force in relation to New Zealand; and
the widow or widower continues to be ordinarily resident in New Zealand or the overseas country to which that agreement or convention applies.

This subclause applies to a person who, immediately before 15 July 2013, was ordinarily resident in an overseas country and was receiving, or was granted and entitled to receive, pursuant to an agreement or a convention given effect in relation to New Zealand by an Order in Council made pursuant to section 19 of the Social Welfare (Transitional Provisions) Act 1990,—
a widow's benefit under section 21 of the Social Security Act 1964; or
a domestic purposes benefit under section 27B of the Social Security Act 1964 for an applicant (as defined in section 27B(1)(f) of that Act).

Subclause (3) applies to a person even if the benefit in subclause (3)(a) or (b) was, immediately before 15 July 2013, 100% reduced or suspended under section 117 or another provision of the Social Security Act 1964, but in that case no benefit of the person that is continued by subclause (5) commences until the suspension or reduction would have ended, or the benefit in subclause (3)(a) or (b) would otherwise have become payable again.
A person to whom subclause (3) applies is, subject to subclause (4) and to a review under subpart 3 of Part 6, entitled to the benefit in subclause (3)(a) or (b) (as the case requires) as if that benefit had not been abolished and as if the provisions on that benefit had not been repealed, and that benefit continues so long as—
the person continues to meet the conditions of entitlement to that benefit in those provisions; and
the agreement or convention, or any replacement agreement or convention, continues in force in relation to New Zealand; and
the person continues to be ordinarily resident in New Zealand or the overseas country to which that agreement or convention applies.

Sections 452 and 453 authorise amendments and require adjustments to Parts 10 and 11 of Schedule 4.

Notes

Schedule 1 clause 55(6) heading: amended, on 22 February 2024, by section 6(1) of the Social Security (Benefits Adjustment) and Income Tax (Minimum Family Tax Credit) Amendment Act 2024 (2024 No 3).
Schedule 1 clause 55(6): amended, on 22 February 2024, by section 6(2) of the Social Security (Benefits Adjustment) and Income Tax (Minimum Family Tax Credit) Amendment Act 2024 (2024 No 3).

56Entitlement cards regulations

Regulations made under section 132A of the Social Security Act 1964 are saved as if they were made under section 437.

57References to Child Welfare Officers to be read as references to social workers

Every reference in any enactment, regulation, rule, order, agreement, deed, instrument, application, notice, licence, or other document in force on 1 April 1972 to a Child Welfare Officer must after 31 March 1972 be read as a reference to a social worker.
Subclause (1) applies—
subject to the amendments made by sections 15 to 29 of the Department of Social Welfare Act 1971; and
unless the context otherwise requires.

This clause does not limit the operation of section 30(a) to (c) of the Department of Social Welfare Act 1971 (which related to references to the Minister of Social Security, to the Social Security Department or to the Child Welfare Division of the Department of Education, or to the Superintendent or Deputy Superintendent of Child Welfare) at any time or times—
on or after 1 April 1972; and
before their repeal, on 1 October 1999, by section 14(a) of the Department of Child, Youth and Family Services Act 1999.

Compare

1971 No 60 s 30(d)

Schedules

58Definition of mortgage security until commencement of Land Transfer Act 2017

This clause applies to the reference—
in Schedule 2, the definition of mortgage security (a definition for the purposes of subpart 10 of Part 2 and Part 7 of Schedule 4 (accommodation supplement)), paragraph (b); and
to subpart 6 of Part 3 of the Land Transfer Act 2017.

Until the commencement of the item in Part 1 of Schedule 2 of the Land Transfer Act 2017 relating to the Social Security Act 1964, section 61E(1), definition of owner, paragraph (c), the reference to which this clause applies must be read as a reference to Part 7A of the Land Transfer Act 1952.

59Income exemption regulations

This clause applies to the Social Security (Income and Cash Assets Exemptions) Regulations 2011 made under sections 132 and 132AA of the Social Security Act 1964, but only so far as they declare any specified item or amount of income, or income from a specified source, not to be income for that Act’s purposes.
Those regulations are saved as if they were made under section 422 for the purposes of clause 9 of Schedule 3.

60Period of income assessment regulations

This clause applies to the Social Security (Period of Income Assessment) Regulations 1996 made under section 132, and for the purposes of section 64(2A), of the Social Security Act 1964.
Those regulations are saved as if they were made under section 418(1)(o) for the purposes of paragraph (b) of the definition of appropriate number of weeks in clause 11 of Schedule 3.

61Code of conduct for requirements to give information or documents

The code of conduct issued under sections 11(1), 11B, and 11C of the Social Security Act 1964 is saved as if it had been issued under clauses 2(4), 4, 8, and 9 of Schedule 6 (code of conduct for information or documents requirements).

62Information disclosure arrangements and determinations

Arrangements or determinations made under section 126A or 126AC of the Social Security Act 1964 are saved as if they were arrangements or determinations made under (as the case requires) clause 13 or 15 of Schedule 6.

Notes

Schedule 1 clause 62: replaced, on 1 December 2020, by section 190 of the Privacy Act 2020 (2020 No 31).

63Information disclosure: order and regulations

The Social Security (Youth Support—Authorised Agencies) Order 2012 made under section 125D of the Social Security Act 1964 is saved as if it were made under clause 18 of Schedule 6.
The Social Security (Contracts and Information Sharing with Service Providers) Regulations 2012 (except Parts 1 and 1A) made under section 125C of the Social Security Act 1964 are saved as if they were made under clause 20(2) of Schedule 6 and section 418(1)(q).

64Saving of transfers, validations, other status, or saving effected or provided for by Schedule 32 of 1964 Act

The repeal, by section 455(1) of this Act, of Schedule 32 of the Social Security Act 1964, does not affect a transfer, validation, other status, or other saving effected or provided for by that schedule.

Examples

The transfers effected by clauses 2, 4, 7, 8, 21, and 24 of Schedule 32 of the Social Security Act 1964.

The validations effected by clauses 21 to 23 of Schedule 32 of the Social Security Act 1964.

A saving of failures and sanctions provided for by clause 15 of Schedule 32 of the Social Security Act 1964.

A saving (of an information-sharing agreement made under section 123F of the Social Security Act 1964, and made before 8 July 2016 (the date on which section 18(1) of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 came into force)) provided for by clause 25 of Schedule 32 of the Social Security Act 1964.

65Validation and savings effected or provided for by Part 2 of Social Security Amendment Act 2015

The repeal, by section 455(1) of this Act, of the Social Security Amendment Act 2015, does not affect the validation and savings effected or provided for by Part 2 of that Act.

66Amendments with retrospective effect in Social Security (Commencement of Benefits) Amendment Act 2015

The repeal, by section 455(1) of this Act, of the Social Security (Commencement of Benefits) Amendment Act 2015, does not affect the operation of any amendment made by, or saving or other provision of, that Act.

67Assistance to financially disadvantaged persons regulations made under clause 21 of Schedule 32 of 1964 Act

This clause applies to regulations (for provision of financial assistance to financially disadvantaged persons)—
made under clause 21 of Schedule 32 of the Social Security Act 1964; and
in force at the changeover.

Those regulations continue in force with all necessary modifications for the purposes of the corresponding provisions of this Act, and may be amended, revoked, or replaced, as if clause 21 of Schedule 32 of that Act had not been repealed by section 455(1).

Regulations

68Regulations for transitional and savings purposes

The Governor-General may, by Order in Council made on the Minister’s recommendation, make regulations prescribing transitional provisions, savings provisions, or both, for either or both of the following purposes:
facilitating or ensuring the orderliness of the transition to this Act from the former enactments specified in section 9(1):
ensuring that existing rights or obligations continue as part of, or despite, that transition.

The Minister must not recommend the making of regulations made under subclause (1) unless satisfied that those regulations—
are reasonably necessary for either or both of the purposes in subclause (1)(a) and (b); and
are consistent with the purposes of this Act.

The transitional provisions or savings provisions prescribed by regulations made under subclause (1) may be provisions in addition to or instead of all other provisions of this schedule (except validation provisions and clauses 69 to 76), and may—
provide that, for a transitional period, in any circumstances, or subject to any conditions, specified in the regulations, 1 or more provisions (including definitions) of this Act do not apply, or apply with modifications or additions:
provide that, for a transitional period, in any circumstances, or subject to any conditions, specified in the regulations, 1 or more provisions repealed, amended, or revoked by this Act are to continue to apply, or apply with modifications or additions, as if they had not been repealed, amended, or revoked:
provide for any other matter necessary for either or both of the purposes in subclause (1)(a) and (b).

Regulations under this clause are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Regulations made under this clause cannot be made after, and are revoked by this clause on, the beginning of 26 November 2021.

Compare

1964 No 136 Schedule 32 cl 17

Notes

Schedule 1 clause 68(3A): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

2016 youth services amendments

69Clauses 70 to 76 amend this Act

Clauses 70 to 76 amend this Act.

Notes

70Section 22 amended (When person is available for work)

Replace section 22(b) with:
would satisfy paragraph (a) were it not for circumstances that would qualify P for—
1. an exemption under the regulations referred to in section 157 from some or all of the work-test obligations; or
2. a deferral of work-test obligations under the regulations referred to in section 155; or

71Section 26 amended (Jobseeker support: ineligibility)

In section 26(a), after unless P is eligible under section 25, insert or P’s work-test obligations are deferred under the regulations referred to in section 155 or P is granted an exemption from some or all of P’s obligations under the regulations referred to in section 157.

72Section 121 amended (Persons subject to work-preparation obligations)

In section 121(d)(ii), replace 166 or 167 with 166, 167, or 168.

73Section 140 amended (Persons subject to work-test obligations)

In section 140(1)(c)(ii), replace 166 or 167 with 166, 167, or 168.

74Section 169 amended (Interpretation)

In section 169, replace 167 with 168.

75Schedule 2 amended

In Schedule 2, definition of incentive payment,—
after 62,, insert 165,; and
after 167,, insert 168,.

In Schedule 2, insert in its appropriate alphabetical order:
risk of long-term welfare dependency, in relation to a person, and for the purposes of clause 16 of Schedule 6, means the risk that the person—
1. will, for an indefinite period, not be able to obtain full-time employment; and
2. will be likely to remain wholly or largely dependent for the person’s financial support on all or part of a main benefit under this Act
In Schedule 2, replace the definition of risk of long-term welfare dependency with:
risk of long-term welfare dependency,—
1. in relation to a person, and for the purposes of clause 16 of Schedule 6, means the risk that the person—
  1. will, for an indefinite period, not be able to obtain full-time employment; and
  2. will be likely to remain wholly or largely dependent for the person’s financial support on all or part of a main benefit under this Act; but
2. is defined in section 165(9) for the purposes of section 165; and
3. is defined in section 168(8) for the purposes of section 168
In Schedule 2, definition of young person, paragraph (b)(iii),—
replace section 167 with section 166 or 167; and
replace section 167(6) with section 165(5) or 167(6) or 168(5).

76Schedule 6 amended

In Schedule 6, clause 16(1), after section 365(1)(a), insert or assessing young people’s risk of long-term welfare dependency (as that risk is defined in Schedule 2).
In Schedule 6, replace clause 16(2)(a) with:
may provide to MSD any information to which subclause (1) applies and that the chief executive of the Ministry of Education considers—
1. may facilitate the provision by MSD of services of a kind described in section 365(1)(a); or
2. is required for the assessment of the young people’s risk of long-term welfare dependency; and

2Provisions relating to Social Security (Winter Energy Payment) Amendment Act 2019

77Purported winter energy payment for winter period for 2018 calendar year: payments contrary to section 61FG(2)(c) and (d) of Social Security Act 1964

A purported winter energy payment made for the winter period for the 2018 calendar year is as authorised as if section 61FG(2)(c) and (d) of the Social Security Act 1964 (as in force after 30 June 2018 and until 26 November 2018) were replaced with a section 61FG(2)(c), (ca), and (d) (in force for that period and) that read as follows:
the person is aged 65 years or over, is an eligible person as defined in section 136, and is under section 139(1) and (3) liable to pay an amount towards the cost of long-term residential care provided to them in a hospital or rest home that is less than the maximum contribution (as defined in section 136); or
the person is aged 50 to 64 years, is single, and has no dependent children, is an eligible person, and is under section 143 required to pay only a contribution based on income towards the cost of the long-term residential care provided to them in a hospital or rest home that is less than the maximum contribution (as defined in section 136); or
neither paragraph (c) nor paragraph (ca) applies to the person, and the person is—
1. receiving, in relation to the person’s disability or long-term chronic health condition, residential care services that are partly funded under the New Zealand Public Health and Disability Act 2000; and
2. contributing to the cost of those services by a payment redirected under section 82(3)(a) (but only to the extent that it refers to a payment to or on account of some other person authorised by the beneficiary), section 82(3)(b)(i), or sections 179(4)(a), (5), and (6) and 180, of this Act; or”.

Notes

Schedule 1 clause 77: inserted, on 12 April 2019, by section 7 of the Social Security (Winter Energy Payment) Amendment Act 2019 (2019 No 13).

78Purported winter energy payment for winter period for 2018 calendar year: payments contrary to section 61FJ(2) of Social Security Act 1964

A purported winter energy payment made for the winter period for the 2018 calendar year is as authorised as if section 61FJ(2) of the Social Security Act 1964 (as in force after 30 June 2018 and until 26 November 2018) read as follows:
The winter energy payment is payable to a beneficiary for up to a maximum of 28 days of any 1 or more absences (however long each absence lasts in total) of the beneficiary from New Zealand during the winter period if—
the payment would be payable to the beneficiary were it not for those days of those absences; and
the chief executive is satisfied that those days of those absences do not affect the beneficiary’s eligibility for the payment under section 61FG.”

Notes

Schedule 1 clause 78: inserted, on 12 April 2019, by section 7 of the Social Security (Winter Energy Payment) Amendment Act 2019 (2019 No 13).

3Provision relating to Social Assistance Legislation (Budget 2019 Welfare Package) Amendment Act 2019

79Effect of repeal of MSD’s duty to reduce rates of benefits for sole parents for failure to assist child support

This clause applies to a benefit referred to in section 192(1)(b) that a sole parent receives if, at the close of 31 March 2020, MSD—
has reduced the benefit under section 192(2); or
has reduced the benefit under section 192(2) and has further reduced the benefit under section 194.

On and after 1 April 2020, the benefit is no longer subject to—
the reduction under section 192(2); or
the reduction under section 192(2) and the additional reduction under section 194.

This clause applies even if that reduction, or that reduction and that additional reduction, would be required under the following enactments if they were not repealed or revoked on 1 April 2020:
sections 192 to 194; and
subpart 5 of Part 4 of the Social Security Regulations 2018.

However, the repeal or revocation on 1 April 2020 of those enactments does not limit or affect any reduction or additional reduction MSD is required to make under those enactments because of their previous operation (in respect of any period, or periods, before or on 31 March 2020).

Notes

Schedule 1 clause 79: inserted, on 1 April 2020, by section 10(3) of the Social Assistance Legislation (Budget 2019 Welfare Package) Amendment Act 2019 (2019 No 23).

4Provisions relating to Social Security (COVID-19 Income Relief Payment to be Income) Amendment Act 2020

80Repeals and amendment

This clause takes effect when the COVID-19 Income Relief Payment Programme is revoked and not replaced.
In Schedule 2, repeal the definitions of COVID-19 income relief payment and COVID-19 Income Relief Payment Programme.
In Schedule 3, clause 8(a), delete (but see clause 8A).
In Schedule 3, repeal clause 8A.
In this clause, COVID-19 Income Relief Payment Programme has the meaning in section 4 of the Social Security (COVID-19 Income Relief Payment to be Income) Amendment Act 2020.

Notes

Schedule 1 clause 80: inserted, on 8 June 2020, by section 6 of the Social Security (COVID-19 Income Relief Payment to be Income) Amendment Act 2020 (2020 No 20).

81Effect of repeal or amendment of provisions ensuring COVID-19 income relief payment is income

The repeal or amendment, by clause 80, of any provisions does not affect their previous operation—
on or after 8 June 2020; and
before they are repealed or amended by clause 80.

Notes

Schedule 1 clause 81: inserted, on 8 June 2020, by section 6 of the Social Security (COVID-19 Income Relief Payment to be Income) Amendment Act 2020 (2020 No 20).

5Provision relating to New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020

82Effect of partner’s or spouse’s overseas pension on New Zealand superannuation and veteran’s pension

Section 189(3), as inserted by the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020, does not apply in relation to a person who is qualified to receive (subject to the appropriate income test)—
New Zealand superannuation at a rate specified in clause 1 of Part 2 of Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001; or
a veteran’s pension at the relationship (partner not receiving superannuation or pension) rate specified in regulations referred to in section 169 of the Veterans’ Support Act 2014.

Notes

Schedule 1 clause 82: inserted, on 9 November 2020, by section 41 of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36).

6Provisions relating to Social Security (Financial Assistance for Caregivers) Amendment Act 2021

83Transitional provision relating to eligibility criteria for orphan’s benefit

The amendments to section 44 and Schedule 2 that are made by the Social Security (Financial Assistance for Caregivers) Amendment Act 2021 apply to a person—
who makes an application for an orphan’s benefit for a child on or after 1 July 2021; or
whose application for an orphan’s benefit for a child was made, but not decided under section 301, before 1 July 2021.

Notes

Schedule 1 clause 83: inserted, on 1 July 2021, by section 14 of the Social Security (Financial Assistance for Caregivers) Amendment Act 2021 (2021 No 25).

84Transitional provision relating to eligibility criteria for unsupported child’s benefit

The amendments to section 47 and Schedule 2 that are made by the Social Security (Financial Assistance for Caregivers) Amendment Act 2021 apply to a person—
who makes an application for an unsupported child’s benefit for a child on or after 1 July 2021; or
whose application for an unsupported child’s benefit for a child was made, but not decided under section 301, before 1 July 2021.

Notes

Schedule 1 clause 84: inserted, on 1 July 2021, by section 14 of the Social Security (Financial Assistance for Caregivers) Amendment Act 2021 (2021 No 25).

85Transitional provision relating to eligibility criteria for childcare assistance

The amendments to sections 77 and 424 that are made by the Social Security (Financial Assistance for Caregivers) Amendment Act 2021 apply to a person—
who makes an application for childcare assistance for a child on or after 1 July 2021; or
whose application for childcare assistance for a child was made, but not decided under section 301, before 1 July 2021.

Notes

Schedule 1 clause 85: inserted, on 1 July 2021, by section 14 of the Social Security (Financial Assistance for Caregivers) Amendment Act 2021 (2021 No 25).

86Transitional provision relating to eligibility criteria for child disability allowance

The amendments to sections 78 and 82 that are made by the Social Security (Financial Assistance for Caregivers) Amendment Act 2021 apply to a person—
who makes an application for a child disability allowance for a child on or after 1 July 2021; or
whose application for a child disability allowance for a child was made, but not decided under section 301, before 1 July 2021.

Notes

Schedule 1 clause 86: inserted, on 1 July 2021, by section 14 of the Social Security (Financial Assistance for Caregivers) Amendment Act 2021 (2021 No 25).

87Transitional provision relating to holiday allowance

Clauses 3(b), 4 to 8, and 14 of Part 4 or 5 of Schedule 4 (as inserted by the Social Security (Financial Assistance for Caregivers) Amendment Act 2021) apply to a caregiver who becomes entitled to the orphan’s benefit or unsupported child’s benefit before, on, or after 1 December 2021.

Notes

Schedule 1 clause 87: inserted, on 1 July 2021, by section 14 of the Social Security (Financial Assistance for Caregivers) Amendment Act 2021 (2021 No 25).

88Transitional provision relating to birthday allowance

Clauses 3(c), 4, 5, and 9 to 14 of Part 4 or 5 of Schedule 4 (as inserted by the Social Security (Financial Assistance for Caregivers) Amendment Act 2021) apply to a caregiver who becomes entitled to the orphan’s benefit or unsupported child’s benefit before, on, or after 1 December 2021.

Notes

Schedule 1 clause 88: inserted, on 1 July 2021, by section 14 of the Social Security (Financial Assistance for Caregivers) Amendment Act 2021 (2021 No 25).

7Provisions relating to Social Security (Subsequent Child Policy Removal) Amendment Act 2021

89Definitions for this Part

In this Part, unless the context otherwise requires,—
Amendment Act means the Social Security (Subsequent Child Policy Removal) Amendment Act 2021
changeover means the commencement, at the start of 8 November 2021, of most of the Amendment Act
removal of the policy means the changes to be made, or made, at the changeover, by the Amendment Act
transition period means the 56-day period—
1. starting on 11 October 2021; and
2. ending with the close of 5 December 2021.

Notes

Schedule 1 clause 89: inserted, on 11 October 2021, by section 16 of the Social Security (Subsequent Child Policy Removal) Amendment Act 2021 (2021 No 38).

90How MSD must decide transition period benefit application

This clause applies to an application—
for a benefit that commences on a date in the transition period; and
made in the transition period; and
made under section 297 of this Act.

MSD must decide the application in line with the removal of the policy.
This clause applies—
despite the rest of this Act as in force before the changeover; and
whether MSD’s decision is made before or after the changeover.

Notes

Schedule 1 clause 90: inserted, on 11 October 2021, by section 16 of the Social Security (Subsequent Child Policy Removal) Amendment Act 2021 (2021 No 38).

91How MSD must, after the changeover, treat existing affected caregiver

This clause applies to a person (P) if, immediately before the changeover, the additional dependent child rules in section 222(2) and (3)—
apply to P, in relation to any dependent child or children, under section 222(2) and (3); or
apply to P, in relation to any dependent child or children, under section 223; or
would apply to P, in relation to any dependent child or children, but for an election that is made by MSD under section 224 and is in force.

MSD must, after the changeover, treat P, in relation to the dependent child or children, in line with the removal of the policy.
In particular, P’s jobseeker support expires, and is replaced with sole parent support in relation to the dependent child or children, on the changeover, if, immediately before the changeover, P—
receives jobseeker support; and
would be eligible for sole parent support, if section 222(2) did not apply to P, in relation to the dependent child or children.

However, P is not transferred to sole parent support in relation to the dependent child or children under subclause (3), and so continues to receive jobseeker support, on the changeover, if P—
is, after the changeover, eligible to continue to receive jobseeker support; and
has notified MSD, before the changeover, that, after the changeover, P wants, if eligible to do so, to continue to receive jobseeker support.

This clause applies—
despite the rest of this Act, and despite any applicable election made by MSD under section 224, as in force before the changeover; and
whether P is entitled to receive the benefit in P’s own right or as the spouse or partner of the person granted the benefit; and
whether or not, immediately before the changeover, MSD has reviewed, is reviewing, or is to review, under subpart 3 of Part 6 of this Act, the benefit that P receives; and
without affecting whether or how those additional dependent child rules apply, or do not apply, to P, in relation to any dependent child or children, before the changeover.

Notes

Schedule 1 clause 91: inserted, on 11 October 2021, by section 16 of the Social Security (Subsequent Child Policy Removal) Amendment Act 2021 (2021 No 38).

92How MSD must respond to transition period change of circumstances

This clause applies to a change in a person’s (P’s) circumstances that—
affects, or may affect, all or any of the following:
1. whether P, or P’s spouse or partner, is entitled to receive a benefit:
2. what benefit P, or P’s spouse or partner, is entitled to receive:
3. work-preparation obligations imposed on P, or on P’s spouse or partner, under sections 120 to 125:
4. whether P, or P’s spouse or partner, falls within the definitions of any of the following terms (see Schedule 2):
  1. part-time work-tested beneficiary:
  2. work-tested sole parent support beneficiary:
  3. work-tested spouse or partner; and
occurs in the transition period; and
is made known to MSD in the transition period, and by 1 or both of the following means:
1. P, or P’s spouse or partner, notifying the change under section 113 of this Act:
2. use of other information available to, or held by, MSD.

MSD must respond to the change in line with the removal of the policy.
This clause applies—
despite the rest of this Act as in force before the changeover; and
whether P is entitled to receive the benefit in P’s own right or as the spouse or partner of the person granted the benefit; and
whether MSD’s response occurs before or after the changeover; and
whether MSD’s response occurs in or apart from a review by MSD under subpart 3 of Part 6 of this Act.

Notes

Schedule 1 clause 92: inserted, on 11 October 2021, by section 16 of the Social Security (Subsequent Child Policy Removal) Amendment Act 2021 (2021 No 38).

8Provisions relating to Social Security (Accommodation Supplement) Amendment Act 2022

93Definitions for this Part

In this Part,—
amendments means the amendments made—
1. to this Act; and
2. by Part 1 of the Amendment Act
Amendment Act means the Social Security (Accommodation Supplement) Amendment Act 2022
commencement means the commencement of the Amendment Act.

Notes

Schedule 1 clause 93: inserted, on 26 November 2022, by section 7(a) of the Social Security (Accommodation Supplement) Amendment Act 2022 (2022 No 65).

94Amendments apply only to specified existing or new recipients or applicants

The amendments apply, after the commencement, only to—
a person who, immediately before the commencement, was entitled to receive, had applied for, and was receiving an accommodation supplement:
an applicant for an accommodation supplement whose application was made, but was not withdrawn or determined, before the commencement:
an applicant for an accommodation supplement whose application is made after the commencement.

Notes

Schedule 1 clause 94: inserted, on 26 November 2022, by section 7(a) of the Social Security (Accommodation Supplement) Amendment Act 2022 (2022 No 65).

9Provisions relating to Child Support (Pass On) Acts Amendment Act 2023

95Application of amendments

In this clause,—
amendments means the amendments made to this Act by subpart 1 of Part 2 of the Child Support (Pass On) Acts Amendment Act 2023
formula assessment has the meaning in section 2(1) of the Child Support Act 1991.
The amendments apply only to—
use on or after 1 July 2023 of automated electronic systems to make decisions, exercise powers, comply with obligations, and take related actions; and
income based on child support in respect of a period (whether all, or any part, of a child support year) that starts on or after 1 July 2023; and
abatement on or after 1 July 2023 of youth payment or young parent payment.

The child support referred to in subclause (2)(b) includes, but is not limited to, child support under a formula assessment or a voluntary agreement or an order of a court made or entered into before 1 July 2023.
Child support in respect of a period (whether all, or any part, of a child support year) that starts before 1 July 2023 is subject to this Act as in force at the relevant time before 1 July 2023.

Notes

Schedule 1 clause 95: inserted, on 1 July 2023, by section 36(a) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).

96MSD must exclude as income specified child support notified to MSD

In this clause,—
changeover, for a person, means—
1. the start of 31 July 2023, if the person is in receipt of a benefit or other assistance payable in instalments of 1 week’s benefit or other assistance; or
2. the start of 2 August 2023, if the person is in receipt of a benefit or other assistance payable in instalments of 2 weeks’ benefit or other assistance
income, of a person, means income of the person for the purposes of this Act.
This clause applies to child support that is money received by a person if—
MSD is notified of the person’s receipt of the child support (for example, as a change of circumstances notified under section 113) before 1 July 2023; and
the child support is income of the person for a period or periods before 1 July 2023; and
MSD expects the child support to continue to be received by the person for a period or periods on or after 1 July 2023; and
MSD would, if this clause had not been enacted, also treat the child support as income of the person for a period or periods on or after the changeover.

MSD must, after the changeover, treat the child support as if it were not the person’s income after the changeover.
MSD must remove, from MSD records of the person’s income, child support treated by MSD under this clause as if it were not the person’s income after the changeover.

Notes

Schedule 1 clause 96: inserted, on 1 July 2023, by section 36(a) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).

97MSD must ensure beneficiary’s allowable costs for temporary additional support or special benefit during specified period include certain child support liability

This clause applies if, on or after 1 July 2023 and before or on 29 September 2023, MSD becomes aware in any way, from information made available to MSD by or on behalf of the beneficiary, that—
a beneficiary was receiving, for all or any of that period, a benefit that is—
1. temporary additional support; or
2. a special benefit continued under section 23 of the Social Security (Working for Families) Amendment Act 2004 (as that section is saved by clause 19 of this schedule); and
the beneficiary’s allowable costs for that benefit did not include, but should have included, at all or any times during that period, child support required to be paid by them for the week or weeks concerned under a formula assessment under the Child Support Act 1991.

MSD must review under section 304 whether, for the reason specified in subclause (1)(b), the beneficiary was not entitled to receive that benefit, or the rate of that benefit, that was paid to the beneficiary for all or any of that period.
If satisfied because of the review that the beneficiary’s allowable costs for that benefit did not include, but should have included, at all or any times during that period, child support of the kind referred to in subclause (1)(b), MSD must—
ensure that the beneficiary’s relevant allowable costs for that benefit include that support from the later of 1 July 2023 or when that support started; and
suspend, cancel, or vary the rate of that benefit accordingly from a date that is within that period and that MSD reasonably determines.

Notes

Schedule 1 clause 97: inserted, on 1 July 2023, by section 36(a) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).

98Regulations for transitional and savings purposes

The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, make regulations prescribing transitional provisions, savings provisions, or both, related to amendments made by the Child Support (Pass On) Acts Amendment Act 2023 to the Child Support Act 1991, this Act, or the Public and Community Housing Management Act 1992.
The regulations must be for either or both of the following purposes:
facilitating, or ensuring the orderliness of, the transition to those amendments being brought into operation:
ensuring that existing rights or obligations continue as part of, or despite, that transition.

The relevant Minister who may recommend the making of regulations made under subclause (1) is—
the Minister (as defined in Schedule 2 for provisions of this Act), to the extent that the regulations relate to amendments made to provisions of this Act:
the Minister of Revenue, to the extent that the regulations relate to amendments made to the Child Support Act 1991:
the Minister of Housing, to the extent that the regulations relate to amendments made to the Public and Community Housing Management Act 1992.

The relevant Minister must not recommend the making of regulations made under subclause (1) unless satisfied that those regulations—
are reasonably necessary for either or both of the purposes in subclause (2)(a) and (b); and
are consistent with the purposes of those amendments.

The transitional provisions or savings provisions prescribed by regulations made under subclause (1) may be provisions in addition to or instead of all or any of the following clauses:
clauses 29 to 31 of Schedule 1 of the Child Support Act 1991 as inserted by the Child Support (Pass On) Acts Amendment Act 2023:
clauses 95 to 97 of this Part of this schedule of this Act as inserted by the Child Support (Pass On) Acts Amendment Act 2023:
clause 22 of Schedule 4 of the Public and Community Housing Management Act 1992 as inserted by the Child Support (Pass On) Acts Amendment Act 2023.

The transitional provisions or savings provisions prescribed by regulations made under subclause (1) may do all or any of the following:
provide that, for a transitional period, in any circumstances, or subject to any conditions, specified in the regulations, 1 or more provisions (including definitions) of the relevant Act amended do not apply, or apply with modifications or additions:
provide that, for a transitional period, in any circumstances, or subject to any conditions, specified in the regulations, 1 or more provisions repealed, amended, or revoked by those amendments are to continue to apply, or apply with modifications or additions, as if they had not been repealed, amended, or revoked:
provide for any other matter necessary for either or both of the purposes in subclause (2)(a) and (b).

Regulations under this clause are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Regulations made under this clause cannot be made after, and are revoked by this clause at, the start of 1 July 2026.

Notes

Schedule 1 clause 98: inserted, on 1 July 2023, by section 36(a) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).