11Identified changes in legislation Empowered by s 9(6)(a)
| Notes: |
Each identified change is a significant difference in substance between the old law and the new law. Identified changes unrelated to regulations are set out separately from those related to regulations. Some old law is replaced only with new law regulation-making powers, but most of those powers authorise regulations to the same effect. Those powers also authorise regulations to a different effect (for example, to implement policy changes). Identified changes exclude transitional, savings, and related provisions. |
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| Old law | New law—identified change unrelated to regulations | ||
|---|---|---|---|
| 1964 Act | 2018 Act | ||
| 10A(1A) | Sections 391 and 393 provide for applications for benefits review committee reviews to be made to MSD, and referred to the appropriate benefits review committee as determined by MSD. | ||
| 10A(3)(a) | Clause 2(a) of Schedule 7 contains, for the benefits review committee member who the Minister appoints to represent on the committee the community’s interests, no requirement of place of residence, or close connection. | ||
| 31 | Sections 45(1) and 48(1) state expressly the purpose of the orphan’s benefit and unsupported child’s benefit. | ||
| 61 | Section 63(4) ensures an emergency benefit must not exceed the rate of the equivalent benefit, that is, the main benefit under this Act that MSD would grant to a person entitled to the benefit in circumstances similar to those of the applicant for the emergency benefit. Section 63(5) also does not enable MSD to require an applicant for the emergency benefit to undergo medical or psychological examination or medical or other treatment. | ||
| 69 and Schedule 12 | This Act repeals, and does not re-enact, the discretionary power given by these provisions to increase by an amount not more than $1 per week the rate of a benefit payable to a parent of a deceased member of specified armed forces or of a specified mercantile marine. | ||
| 69C(4) | Section 87(c) ensures a disability allowance can be refused, cancelled, or granted at a reduced rate, only if the applicant is receiving altered stated types of pension, or periodical allowance, that are granted elsewhere than New Zealand and are analogous to a disability allowance. | ||
| 69C(8) | Section 85(4) defines health practitioner so that this term excludes a former health practitioner (within the meaning of section 5(1) of the Health Practitioners Competence Assurance Act 2003). | ||
| 75B(9), (10) | Section 216(3)(a) ensures a person whose benefit is suspended under section 213 is eligible for a 50% protection (the suspension applies to only half the applicable rate of main benefit before any reduction on account of income) under section 245 if the person is not receiving a main benefit under this Act. | ||
| 80BA(4)(b)(iv) | Section 316(2)(d) (calculation of stand down) applies to jobseeker support granted not only to a sole parent, but also to a person to whom section 30(1)(e) (which relates to having lost the regular support of a spouse or partner who is subject to a sentence of imprisonment, etc) applies (see also clause 8 of Schedule 1). | ||
| 82(6) | Section 347 enables advance payment of instalments of a benefit only if the benefit is a main benefit, an orphan’s benefit, an unsupported child’s benefit, New Zealand Superannuation, or a veteran’s pension, and so also prevents advance payment of instalments of any other benefit—for example, a benefit that is supplementary assistance. | ||
| 88B(1) | Section 22(b) (jobseeker support: when person is available for work) is extended to include a reference to the deferral of work-test obligations in certain circumstances. (See also section 2(6)(e) and clause 70 of Schedule 1, which re-enact an amendment equivalent to the latent amendment in section 14(1) of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016.) | ||
| 88D(a) | Section 26(a) (jobseeker support: ineligibility) is extended to include a reference to the deferral of work-test obligations in certain circumstances. (See also section 2(6)(e) and clause 71 of Schedule 1, which re-enact an amendment equivalent to the latent amendment in section 15 of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016.) | ||
| 102C(3)–(5) | Section 151(2) ensures the cost of an evidential drug test will be unable to be reimbursed to employers when the incurring of that cost was unnecessary because the person who failed a screening test waived the right to the evidential drug test. | ||
| 120, 121 | Sections 247(2) and 248(2) vary ordinary sanctions rules by giving 50% protection (the reduction, suspension, cancellation, or non-entitlement period applies to only half the applicable rate of main benefit before any abatement on account of income) to people with dependent children, or sole parents, subject to a 13-week non-entitlement period under sections 225 and 227. | ||
| 125F(1) and (2)(a) | Clause 16(1) and (2)(a) of Schedule 6 (which relates to information disclosure for services to young people not in education or training) is extended to add an additional purpose to the list of purposes for which the chief executive of the Ministry of Education may provide specified information to MSD: assessing young people’s risk of long-term welfare dependency. (See also section 2(6)(e) and clauses 75(2) and 76 of Schedule 1, which re-enact amendments equivalent to the latent amendments in section 18(2) and (3) of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016.) | ||
| 171A | Section 165 is about a young person aged 18 or 19 years who is receiving jobseeker support in the young person’s own right and who is at significant risk of long-term welfare dependency. Section 168 is about a young person aged 18 or 19 years who is receiving jobseeker support as the spouse or partner of a person granted that benefit, or who is a work-tested spouse or partner of a specified beneficiary, and who is at significant risk of long-term welfare dependency. Sections 165 and 168 commence on a date appointed under section 2(6)(a). They re-enact the latent section 171A to be inserted by section 32 of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016. (See also sections 2(6)(b) to (e), 155, and 431 and clauses 72 to 74 and 75(1), (2), and (3) of Schedule 1, and sections 5(3), 16, 33, 43(2), and 45 to 47 of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016.) | ||
| Schedule 9, clauses 1(ba) and (c), 5A | A person to whom section 30(1)(e) (which relates to having lost the regular support of a spouse or partner who is subject to a sentence of imprisonment, etc) applies is treated as a single beneficiary for the purposes of clauses 1(e) and (f) and 6 of Part 1 (jobseeker support) of Schedule 4 (rates of benefits) (see also clause 8 of Schedule 1). | ||
| Old law | New law—identified change related to regulations | ||
|---|---|---|---|
| 1964 Act | 2018 Act | ||
| 3(1), 61CB, 61CC(2), 82(3), (5), (6A), (6AA), (6AB), (6AC), (6F), (6G), 83; SR 2007/229 r 5 | Section 442 provides for regulations about payments. Review or appeal rights under sections 391(1)(a) and 397(1)(a) apply to decisions or determinations made under regulations made under section 442. | ||
| 3(1), 83AA, 85A, 85B, 86, 86AA, 86A–86I, 124(2), (2A), 125G(3) | Sections 444 and 445 provide for regulations about debts and deductions. | ||
| 10A(1A), (1B), (8), (9), 10B(2), 12I(2), 12K(11); 12L, 12M, 12O, 12OA, 12Q(3), (4), (6), (7), (8), (9), (10), 12R | Section 451 provides for regulations about how to apply, and the procedure, for a review or an appeal. | ||
| 11D; SR 2007/229 r 4 | Section 438 provides for regulations about the making of, help with, and the receipt and lapse of, an application for a benefit. | ||
| 11E, 11G, 11H, 132J | Section 432 provides for regulations about factors affecting benefits: pre-benefit activities. | ||
| 60RAB(1), (3), (4) | Section 430 provides for regulations relating to specific obligations: obligations in relation to dependent children: definitions and attendance. | ||
| 61D, 61DA, 61DB, 61DC, 61DD, 61DE | Section 427 provides for regulations about amounts of, and the method or methods of making payments of, funeral grants (see also section 90). | ||
| 61IA | Section 47B(2) (annual confirmable instruments) and Schedule 2 (confirmable instruments) of the Legislation Act 2012 do not include mandatory annual CPI adjustment of rates orders made under section 453 (see also section 454(1)) because the making of these orders is required by law. Section 47B(2) (annual confirmable instruments) and Schedule 2 (confirmable instruments) of the Legislation Act 2012 also exclude mandatory annual CPI adjustment regulations made under sections 74(1)(h) and 75 of the Residential Care and Disability Support Services Act 2018. | ||
| 66, 66A | Section 422 provides for regulations about income exemptions (see also clause 9 of Schedule 3). | ||
| 68A(5), (7) | Section 433 provides for regulations about factors affecting benefits: insurance recovery. | ||
| 68A(6), (7), (8) | Section 439 provides for regulations about certain benefits granted, or granted at a rate, not taking into account certain insurance payments (see also section 310). | ||
| 69C(6), (7) | Section 425 provides for regulations about special categories of eligibility for disability allowance (see also section 85(3)). | ||
| 74AA, 78(1), 79 | Section 421 provides for regulations about meeting, satisfying, or complying with the residential requirement. | ||
| 77 | Section 436 provides for regulations about factors affecting benefits: absence from New Zealand. Section 436(2)(a) ensures the regulations can provide for a beneficiary to notify MSD of the beneficiary’s absence from New Zealand due to humanitarian reasons as soon as is reasonably practicable, including after returning to New Zealand, and still have a benefit backdated to the start of the absence. | ||
| 80(5), (8), (10), (13), (14) | Section 440 provides for regulations about exemptions from, and the calculation of, a stand down. | ||
| 86J |
Section 449 provides for regulations about ways MSD or a person can meet a requirement in this Act to give a notice or other document. |
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| 88F(7), 88H, 88I(1)–(3), (5)–(7), 102B(2), 102C(1), (3)–(6), 102E, 105(3)–(7), 123D | Section 431 provides for regulations about specific obligations: work-test obligations, and deferrals of, or exemptions from, specified obligations. Some of those regulations deal with matters that, under the old law, were dealt with by the 1964 Act. | ||
| 125A | Section 373(1)(a)(ii) and (b) require prescription by regulations of only the specified services in relation to young people, and not also the specified services in relation to people other than young people. Section 373(1)(b) contemplates the latter services may, but need not, be prescribed by regulations made under section 418(1)(m). | ||
| 131 (and related regulations made under 132) | Parts 6 and 8 do not re-enact provisions on declarations (and enabling the making of related regulations). See also the consequential repeal (by section 459 and Schedule 10) of section 9(a) of the Family Benefits (Home Ownership) Act 1964. | ||
| 1990 Act | 2018 Act | ||
| 2(1), 19A(1)–(5), 19B, 19C, 19D(3)(c), (d), (4)–(7) | Section 450 provides for regulations about reciprocity agreements with mutual assistance provisions, and adverse action if a discrepancy is shown by information from another country. | ||