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Social Security (Jobseeker Support and Accommodation Supplement) Amendment Bill

This bill amends the Social Security Act 2018 to support fiscal sustainability in the welfare system by better targeting financial assistance to those most in need of support. It tightens eligibility criteria for jobseeker support and the equivalent emergency benefit for young people and targets the accommodation supplement more tightly to some homeowners.

This bill has been accorded urgency in the House. First detected 25 August 2026, 8:06am UTC.

Member in charge: Hon Louise Upston · Government bill · No. 306-2 · urgency accorded 25 Aug 2026 (the remaining stages of)

Want a say? This bill is still moving

Urgency compresses the timetable, not the politics. Until the third reading, the committee of the whole House can still amend the bill — changes are moved right up to the final vote. The channels that operate at this speed:

  • Contact the member in chargeHon Louise Upston — whose office decides what amendments are put, and your electorate MP. Members’ offices monitor correspondence while the House sits; a specific, clause-level point travels furthest.
  • Contact the opposition spokesperson for this portfolio — they speak and move amendments in the committee stage, and concrete problems raised by affected people are exactly what they put on the record.
  • Start or sign a petition at petitions.parliament.nz — the formal channel that stays open regardless of the House’s timetable.

Who spoke in the debates

Members who took a call in this bill’s debates, from our Hansard corpus. Under urgency several bills are often debated together (a “cognate” debate), so speakers may be addressing the group of bills.

Louise Upston National · 8 Ricardo Menéndez March Greens · 8 Willow-Jean Prime Labour · 7 Helen White Labour · 4 Jamie Arbuckle NZ First · 3 Oriini Kaipara Te Pāti Māori · 3 Dana Kirkpatrick National · 2 Duncan Webb Labour · 2 Georgie Dansey · 2 Joseph Mooney National · 2 Katie Nimon National · 2 Lawrence Xu-Nan Greens · 2 Parmjeet Parmar ACT · 2 Laura McClure · 1

What this touches

Topics in the OpenBrief corpus matched to this bill’s title, with their volume over the last six weeks — how loud the subject already was when urgency was moved. This is retrieval against our existing corpus, not model judgement.

TopicPress items · 6wkSocial posts · 6wk
accommodation supplement eligibility 0 5
jobseeker support services 1 3
social security policy 0 3

What this bill changes

AI-assisted analysis · every claim links to primary source · corrections
Published 25 Aug 2026, 7:20pm UTC (separate from, and later than, the alert timestamp above) · model: claude-opus-4-8

In short: Jobseeker support for 18–19-year-olds (and some 16–17-year-olds) becomes conditional on a parental income test, and the homeowner accommodation supplement threshold rises to 40%.

What changes
Changes a threshold A person aged 18 or 19 (and, in relationship cases, some aged 16 or 17) can only receive jobseeker support if they meet a new parental income requirement.
cl 4 → Social Security Act 2018, s 20 · affects: jobseekers aged 18 or 19, some jobseekers aged 16 or 17 in relationships, parents of those young people · confidence: high
The bill text this is based on
“meets the parental income requirement (see sections 23A to 23I); and”
Removes a right A young person subject to the requirement is not entitled to jobseeker support if their applicable parents' income exceeds the parental income limit.
cl 5 → Social Security Act 2018, s 23C · affects: jobseekers aged 18 or 19 whose parents earn above the limit, some jobseekers aged 16 or 17 · confidence: high
The bill text this is based on
“then, with effect from when A does not meet that requirement, A is not entitled to jobseeker support”
Changes a threshold Where a partner subject to the requirement does not meet it, the couple's jobseeker support is payable at only half the single rate.
cl 5 → Social Security Act 2018, s 23C · affects: couples where one partner is a specified young person who does not meet the requirement · confidence: high
The bill text this is based on
“is payable at only half the rate of benefit in clause 1(j)(i) of Part 1 of Schedule 4”
Changes a threshold MSD may grant an emergency benefit equivalent to jobseeker support to a specified young person only if that person meets the parental income requirement.
cl 6 → Social Security Act 2018, s 63 · affects: young people applying for the equivalent emergency benefit, MSD · confidence: high
The bill text this is based on
“MSD may grant P an emergency benefit only if P meets the parental income requirement”
Creates an obligation Beneficiaries must without delay notify MSD of a change in a parent's circumstances that affects whether they are subject to or meet the parental income requirement.
cl 7 → Social Security Act 2018, s 113 · affects: beneficiaries who are specified young people, MSD · confidence: high
The bill text this is based on
“A beneficiary must without delay notify MSD of a change in the circumstances of a parent of the beneficiary if—”
Changes a threshold The homeowner entry threshold for the accommodation supplement rises from 30% to 40% of the base rate for people who are not specified persons.
cl 15 → Social Security Act 2018, Schedule 4 · affects: homeowners receiving the accommodation supplement who are not specified persons · confidence: high
The bill text this is based on
“70% of the amount by which an applicant’s weekly qualifying accommodation costs exceeds 40% of the base rate”
Expands a power The Governor-General may make regulations declaring amounts, items, payments, or income sources to be, or not to be, parental income for the requirement.
cl 9 → Social Security Act 2018, s 422A · affects: Governor-General, MSD, young people and their parents · confidence: high
The bill text this is based on
“The Governor-General may, by Order in Council, make regulations for the purposes of either or both of the following paragraphs”
Creates an obligation MSD must cancel the relevant benefit if required information is not provided within 8 weeks after the child exclusion date.
cl 8 → Social Security Act 2018, s 310ZF · affects: specified young people whose child leaves their care, MSD · confidence: high
The bill text this is based on
“If MSD has not received the required information 8 weeks after the child exclusion date, MSD must cancel the relevant benefit”
Who this affects
jobseekers aged 18 or 19some jobseekers aged 16 or 17 in relationshipsparents of those young peoplejobseekers aged 18 or 19 whose parents earn above the limitsome jobseekers aged 16 or 17couples where one partner is a specified young person who does not meet the requirementyoung people applying for the equivalent emergency benefitMSDbeneficiaries who are specified young peoplehomeowners receiving the accommodation supplement who are not specified personsGovernor-Generalyoung people and their parentsspecified young people whose child leaves their care
Scrutiny

Taken under urgency; the compressed timetable limited scrutiny even where a committee stage existed.

Commencement: Part 1 comes into force on 2 November 2026; Part 2 comes into force on 1 April 2027.
Retrospective: yes
Gaps we can see. Clauses whose effect could not be established from the bill text alone: cl 10 (Schedule 1 amendment - target Part 16 text partly garbled), cl 11 (Schedule 2 definitions - dependent on Act's existing definitions), cl 12 (Schedule 3 parental income calculation provisions - effect depends on existing Schedule 3 text), cl 13 (Schedule 1 accommodation supplement Part 18 insertion), cl 14 (Schedule 2 cross-reference correction only).

Method: the model reads the bill as published (claude-opus-4-8); every claim above carries a verbatim span of that text, checked mechanically — claims that fail the check are dropped, not softened. Text analysed from an archived copy of the official text. Full methodology →

The law, before and after

Deterministic — no AI involved

Every amendment instruction in the bill, executed mechanically against the archived text of the Act it changes. Struck text is removed, highlighted text is added. 10 operations resolved; 16 listed with the reason they couldn’t be — a visible gap, not a hidden one.

Social Security Act 2018 · 10 resolved, 16 unresolved
New provision cl 4 — Section 20 amended (Jobseeker support: requirements) (section 20(c))
The bill says: After section 20(c), insert:
meets the parental income requirement (see sections 23A to 23I); and
Before-text from the Act
New provision cl 5 — New sections 23A to 23I inserted (section 23)
The bill says: After section 23, insert:
23A Jobseeker support: parental income requirement: when specified young person is subject to it General rule: when specified young person is subject to requirement (1) A specified young person (A) is subject to the parental income requirement if— A applied or reapplied for, and has not yet been granted or regranted, jobseeker support; or A applied or reapplied for, and was granted or regranted, jobseeker support; or A’s spouse or partner applied or reapplied for, and has not yet been granted or regranted, jobseeker support, and A is a spouse or partner in respect of whom jobseeker support would be granted or regranted; or A’s spouse or partner applied or reapplied for, and was granted or regranted, jobseeker support, and A is a spouse or partner in respect of whom jobseeker support was granted or regranted. Exceptions: when specified young person is not subject to requirement (2) However, a specified young person (A) is not subject to the parental income requirement under subsection (1) if— A is a dependent child in respect of jobseeker support applied or reapplied for by, or granted or regranted to, a person other than A; or the jobseeker support mentioned in subsection (1) would be, or is,— granted or regranted to A or A’s spouse or partner; and payable at an appropriate rate of benefit that is determined including (as well as A, and A’s spouse or partner (if any)) 1 or more dependent children; or A, or A’s spouse or partner, is receiving, in respect of a child, an orphan’s benefit, an unsupported child’s benefit, or a foster care allowance. 23B Jobseeker support: parental income requirement: how it is met General rule: how requirement is met (1) A specified young person (A) who is subject to the parental income requirement (see section 23A) meets that requirement only if— A has 1 applicable parent whose parental income for the calculation year is not more than the parental income limit; or A has 2 applicable parents whose combined parental income for the calculation year is not more than the parental income limit. Exceptions: when specified young person must be taken to meet requirement (2) However, a specified young person (A) who is subject to the parental income requirement (see section 23A) must be taken to meet that requirement if— A has no applicable parents; or A met that requirement for a relevant benefit in the last 26 weeks, had or is in a discretionary review under section 304, and in or because of that review is moving directly from receiving that relevant benefit to being included as a spouse or partner in determining the appropriate rate of benefit of another person’s relevant benefit— that is the same, or a different, type of relevant benefit; and for which A is, for any reason, subject to that requirement; or that requirement would otherwise apply to A on a reapplication for jobseeker support, and A has in the reapplication advised MSD that there has been no increase in the following since MSD last calculated it: the parental income of A’s 1 applicable parent; or the combined parental income of A’s 2 applicable parents. 23C Jobseeker support: parental income requirement: if it is not met Before benefit granted or regranted to specified young person (A) (1) If A is subject to the parental income requirement under section 23A(1)(a) and A does not meet that requirement, then, with effect from when A does not meet that requirement, A is not entitled to jobseeker support (regardless of whether A has a spouse or partner who is subject to, and meets, the parental income requirement). After benefit granted or regranted to A (2) If A is subject to the parental income requirement under section 23A(1)(b) and A does not meet that requirement, then, with effect from when A does not meet that requirement (regardless of whether A has a spouse or partner who is subject to, and meets, the parental income requirement),— A is not entitled to jobseeker support; and jobseeker support granted or regranted to A is cancelled. Before benefit granted or regranted to A’s spouse or partner (3) If A is subject to the parental income requirement under section 23A(1)(c) and A does not meet that requirement, then, with effect from when A does not meet that requirement, any jobseeker support to which A’s spouse or partner is entitled and granted or regranted is payable at only half the rate of benefit in clause 1(j)(i) of Part 1 of Schedule 4. (3A) Subsection (3B) applies if— A is subject to the parental income requirement under section 23A(1)(c); and MSD has not received, from or on behalf of A and in the period for completing the application or the requirements for regrant, information that shows whether A meets the parental income requirement. (3B) With effect from when the granted or regranted benefit commences, any jobseeker support to which A’s spouse or partner is entitled and granted or regranted is payable at only half the rate of benefit in clause 1(j)(i) of Part 1 of Schedule 4. After benefit granted or regranted to A’s spouse or partner (4) If A is subject to the parental income requirement under section 23A(1)(d) and A does not meet that requirement, then, with effect from when A does not meet that requirement, any jobseeker support to which A’s spouse or partner is entitled and granted or regranted is payable at only half the rate of benefit in clause 1(j)(i) of Part 1 of Schedule 4. (4A) Subsection (4B) applies if— A is subject to the parental income requirement under section 23A(1)(d); and MSD has not received, from or on behalf of A and by a deadline under subpart 3 or 3A of Part 6, information that shows whether A meets the parental income requirement. (4B) With effect from a date required by or determined under subpart 3 or 3A of Part 6, any jobseeker support to which A’s spouse or partner is entitled and granted or regranted is payable at only half the rate of benefit in clause 1(j)(i) of Part 1 of Schedule 4. Relationship with discretionary reviews and mandatory reviews (5) Subsections (2), (4), and (4B) do not limit— discretionary reviews under subpart 3 of Part 6 (for example, MSD’s discretion under section 306 to suspend, cancel, or vary the rate of the benefit from a date MSD reasonably determines under section 306(2), even if that determined date differs from when A does not meet the parental income requirement or from the deadline for providing information that shows whether A meets the parental income requirement); or mandatory reviews under subpart 3A of Part 6 (for example, any requirement or discretion in that subpart to suspend, cancel, or vary the rate of the benefit from a specified time, even if that specified time differs from when A does not meet the parental income requirement or from the deadline for providing information that shows whether A meets the parental income requirement). 23D Jobseeker support: parental income requirement: definitions Definitions (1) In the parental income requirement provisions, unless the context otherwise requires,— applicable parent has the meaning given in section 23E(2) calculation year means the year for which an applicable parent’s parental income must be calculated under clause 14A, 14B, or 14C of Schedule 3 foster care allowance means a payment under section 363 of the Oranga Tamariki Act 1989 MSD income tax deduction or payment, in relation to a payment of an amount of a benefit, means— a tax deduction made by MSD from the source deduction payment (as defined in section 349) that is the payment of the amount of the benefit; or an amount for income tax that is paid by MSD under section 350 on the payment of the amount of the benefit parent, of a specified young person (A), means— a natural parent of A; or an adoptive parent of A; or a step-parent of A parental income, of an applicable parent (AP), means AP’s income within the meaning given to that term by Part 2 of Schedule 3, but with that meaning modified by— including an amount received by AP, of any of the following benefits, along with the MSD income tax deduction or payment: a main benefit under this Act: New Zealand superannuation: veteran’s pension; and including any amount, item, payment, or income from a specified source, declared by regulations made under section 422A(1)(a) to be parental income; and excluding an amount of any accommodation benefit received by AP under regulations made, or that must be treated as if they were made, under section 645 (regulations relating to student allowances) of the Education and Training Act 2020; and excluding any amount, item, payment, or income from a specified source, declared by regulations made under section 422A(1)(b) not to be parental income; and excluding, for the purposes of clause 16A and 17 of Schedule 3, a sum or payment specified in clause 16A(5) of Schedule 3 parental income limit, for an applicable parent’s parental income for a calculation year, means the amount of gross parental income (that is, parental income before deduction or payment of income tax) that (because the rate of benefit is subject to Income Test 1) would reduce to zero a supported living payment that must be paid for a year at the rate of benefit specified in clause 1(g)(ii) of Part 3 of Schedule 4 (as in force at the time that the applicable parent’s parental income must be calculated) parental income requirement means the requirement in section 23B as that requirement applies to— jobseeker support (see sections 20(ca), 23A, and 23C); and equivalent emergency benefit (see section 63(2A)) parental income requirement provisions means— sections 23A to 23I: section 63(2A) and (2B): section 113(1A), (3A), and (3B): subparts 3B to 3D of Part 6: section 422A: clauses 14A to 14E and 16A of Schedule 3: any rules made under clause 17 of Schedule 3 for the purposes of clause 16A of Schedule 3: Part 16 of Schedule 1 relevant benefit means— jobseeker support (see sections 23A to 23I); or an equivalent emergency benefit (see section 63(2A)) specified young person means a person (A) who— is aged 18 or 19 years and— is single; and would be, or was, granted or regranted jobseeker support that is payable in respect of A; or is aged 18 or 19 years and— has a spouse or partner who may, but need not, be a person to whom paragraph (c) or (e) applies; and would be, or was, granted or regranted jobseeker support that is payable in respect of— A and A’s spouse or partner (with, or without, 1 or more dependent children); or A (with, or without, 1 or more dependent children), but not also A’s spouse or partner; or is aged 18 or 19 years, and is a spouse or partner of another person who— may, but need not, be a person to whom paragraph (b) or (d) applies; and would be, or was, granted or regranted jobseeker support that is payable in respect of A and A’s spouse or partner (with, or without, 1 or more dependent children); or is aged 16 or 17 years and— has a spouse or partner who— is at least 18 years old; and may be a person to whom paragraph (c) applies, or may instead be a person who is at least 20 years old; and would be, or was, granted or regranted jobseeker support that is payable in respect of A and A’s spouse or partner (with, or without, 1 or more dependent children); or is aged 16 or 17 years and is a spouse or partner of another person who— is at least 18 years old; and may be a person to whom paragraph (b) applies, or may instead be a person who is at least 20 years old; and would be, or was, granted or regranted jobseeker support that is payable in respect of A and A’s spouse or partner (with, or without, 1 or more dependent children). References to meeting parental income requirement (2) A reference in the parental income requirement provisions (except sections 310ZB(3), 310ZL(3), and 310ZT(3), and clauses 14A(2), 14B(2), and 14C(2) of Schedule 3) to a person who meets the parental income requirement includes, without limitation, a reference to a person who under section 23B(2) must be taken to meet that requirement. Birthday of person born on 29 February in leap year (3) If a person (A) was born on 29 February in a leap year, A’s birthday in a non-leap year is, for the purposes of the parental income requirement provisions, taken to occur on 1 March of that non-leap year. 23E Jobseeker support: parental income requirement: applicable parent No applicable parents, 1 applicable parent, or 2 applicable parents (1) For the purposes of the parental income requirement provisions, only 1 of the following paragraphs applies to a specified young person (A): A has no applicable parents (see section 23B(2)(a)); or A has 1 applicable parent (see section 23B(1)(a)); or A has 2 applicable parents (see section 23B(1)(b)). Definition: applicable parent only if MSD makes determination (2) In the parental income requirement provisions, unless the context otherwise requires, a parent (P1) of a specified young person (A) is an applicable parent of A only if MSD has determined under this subsection that P1 is an applicable parent of A because MSD is satisfied of both of the following: A does not have a parental support gap with P1 (see section 23G); and P1 is not in a relationship with another parent of A (P2) with whom MSD has determined A has a parental support gap (see section 23G) for reasons that are, or include, that, if A were to rely on P2 for financial support, then P2 would pose a risk to A’s safety. A has no applicable parents if MSD has made no applicable parent determinations under this section. A has 1 or 2 applicable parents only if MSD makes 1 or more applicable parent determinations under this section whose effect is that— 1 parent of A is an applicable parent of A; or 2 parents of A are each applicable parents of A. Determination must be based on relevant evidence available to MSD, etc (3) MSD must make an applicable parent determination under subsection (2)— based on relevant evidence available to MSD (for example, any evidence supplied to MSD by or on behalf of A); and having regard to any applicable directions given under section 7. 23F Jobseeker support: parental income requirement: priority for applicable parent determinations Natural parents or adoptive parents must be considered before step-parents (1) MSD may determine whether a step-parent of A is an applicable parent of A only after MSD has determined that all or any of the following is or are not an applicable parent of A: 1 or more natural parents of A; or 1 or more adoptive parents of A. Natural parents must be considered before step-parents A has 2 natural parents (P1 and P2). But P1 and P2 are no longer in a relationship. P1 is in a relationship with a step-parent (SP1). P2 is in a relationship with a step-parent (SP2). MSD may determine whether SP1 or SP2 is an applicable parent of A only after MSD has determined that either or both of the 1 or more natural parents of A is or are not an applicable parent of A. Step-parent who A is living with must be considered before other step-parent (2) MSD may determine whether a step-parent who A is not living with is an applicable parent of A only after MSD has determined that another step-parent who A is living with is not an applicable parent of A. Step-parent who A is living with must be considered before other step-parent A has 2 natural parents (P1 and P2). But P1 and P2 are no longer in a relationship. P1 is in a relationship with a step-parent (SP1). P2 is in a relationship with a step-parent (SP2). A is living with P1 and SP1. A is not living with P2 and SP2. MSD may determine whether SP2 is an applicable parent of A only after MSD has determined that SP1 is not an applicable parent of A. If A is not living with step-parent, step-parent in relationship with parent with whom A does not have support gap must be considered before step-parent in relationship with parent with whom A has parental support gap (3) Subsection (4) applies if— A is not living with any step-parent; and A has a step-parent (SP1) who is in a relationship with a parent (P1) with whom A does not have a parental support gap; and A has a step-parent (SP2) who is in a relationship with a parent (P2) with whom A has a parental support gap for reasons that are not, or do not include, that, if A were to rely on P2 for financial support, then P2 would pose a risk to A’s safety. (4) MSD may determine whether SP2 is an applicable parent of A only after MSD has determined that SP1 is not an applicable parent of A. 23G Jobseeker support: parental income requirement: parental support gap Parental support gap only if MSD makes determination (1) For the purposes of section 23E, a specified young person (A) has a parental support gap with a parent (P) only if MSD has determined that MSD is satisfied that it is not reasonable in the circumstances for A to rely on P for financial support. Situations in which it is not reasonable for A to rely on P for financial support (2) MSD must be satisfied under subsection (1) that it is not reasonable in the circumstances for A to rely on P for financial support if— A has or had a caregiver who is or was receiving an orphan’s benefit or an unsupported child’s benefit for A until A turns 18 or under subpart 18 of Part 2 (extended payment of benefits for children aged 18 years or over who continue education); or A is or was in the care or custody of Oranga Tamariki and is or was entitled under sections 386A and 386B of the Oranga Tamariki Act 1989 to support by way of advice or assistance at any time from when they leave care or custody up to the age of 25 years. (3) Subsection (2) does not limit MSD being satisfied under subsection (1) for reasons not specified in subsection (2) that it is not reasonable in the circumstances for A to rely on P for financial support. Determination must be based on relevant evidence available to MSD, etc (4) MSD must make a parental support gap determination under subsection (1)— based on relevant evidence available to MSD (for example, any evidence supplied to MSD by or on behalf of A); and having regard to any applicable directions given under section 7. Determination of specified kind must make clear if based on risk to A’s safety (5) A determination under subsection (1) that A has a parental support gap with P must make clear, for the purposes of section 23E(2)(b), whether A’s parental support gap with P exists for reasons that are, or include, that, if A were to rely on P for financial support, then P would pose a risk to A’s safety. 23H Jobseeker support: parental income requirement: priority for parental support gap determinations Natural parents or adoptive parents must be considered before step-parents (1) MSD may determine whether A has a parental support gap with a step-parent only after MSD has determined that A has a parental support gap with— 1 or more natural parents of A; or 1 or more adoptive parents of A. Natural parents must be considered before step-parents A has 2 natural parents (P1 and P2). But P1 and P2 are no longer in a relationship. P1 is in a relationship with a step-parent (SP1). P2 is in a relationship with a step-parent (SP2). MSD may determine whether A has a parental support gap with SP1 or SP2 only after MSD has determined that A has a parental support gap with P1, P2, or both. Step-parent who A is living with must be considered before other step-parent (2) MSD may determine whether A has a parental support gap with a step-parent who A is not living with only after MSD has determined that A has a parental support gap with another step-parent who A is living with. Step-parent who A is living with must be considered before other step-parent A has 2 natural parents (P1 and P2). But P1 and P2 are no longer in a relationship. P1 is in a relationship with a step-parent (SP1). P2 is in a relationship with a step-parent (SP2). A is living with P1 and SP1. A is not living with P2 and SP2. MSD may determine whether A has a parental support gap with SP2 only after MSD has determined that A has a parental support gap with SP1. A not living with either step-parent and has support gap with 1 parent (3) Subsection (4) applies if— A is not living with any step-parent; and A has a step-parent (SP1) who is in a relationship with a parent (P1) with whom A does not have a parental support gap; and A has a step-parent (SP2) who is in a relationship with a parent (P2) with whom A has a parental support gap for reasons that are not, or do not include, that, if A were to rely on P2 for financial support, then P2 would pose a risk to A’s safety. (4) MSD may determine whether A has a parental support gap with SP2 only after MSD has determined that A has a parental support gap with SP1. 23I Jobseeker support: parental income requirement: relationship determinations Determination parent is single (1) MSD may make a determination to regard as single, for the purposes of sections 23E to 23H, a parent who is married or in a civil union with that parent’s spouse or partner, but— is living apart from that parent’s spouse or partner; and is not in a de facto relationship. (2) A determination under subsection (1) may include a date, determined by MSD, on which the spouses or partners must be taken for the purposes of sections 23E to 23H to have commenced to live apart. Determination parent is in relationship (3) MSD may make a determination to regard as a party to a de facto relationship, for the purposes of sections 23E to 23H, any 2 people who, not being legally married or in a civil union, have entered into a de facto relationship. (4) A determination under subsection (3), for the purposes of sections 23E to 23H, may include either or both of the following dates: a date, determined by MSD, on which the 2 people must be taken as having entered into the de facto relationship: a date, determined by MSD, on which the de facto relationship of the 2 people must be taken to have ended. Relationship with other provisions (5) Every determination under this section also applies for the purposes of every debt-recovery or offence provision in or under this Act.
Before-text from the Act
New provision cl 6 — Section 63 amended (Emergency benefit: discretionary grant on ground of hardship) (section 63(2))
The bill says: After section 63(2), insert:
(2A) However, if P is a specified young person, and the equivalent benefit under subsection (4) is jobseeker support, MSD may grant P an emergency benefit only if P meets the parental income requirement. (2B) For the purposes of subsection (2A), parental income requirement provisions that do not mention the equivalent emergency benefit apply to it as if it were jobseeker support.
Before-text from the Act
New provision cl 7 — Section 113 amended (Beneficiary must notify change of circumstances) (section 113(1))
The bill says: After section 113(1), insert:
(1A) A beneficiary must without delay notify MSD of a change in the circumstances of a parent of the beneficiary if— the change affects whether the beneficiary is subject to, or meets, the parental income requirement; and for that reason, the change affects— the beneficiary’s entitlement to receive a benefit; or the rate of a benefit the beneficiary receives.
Before-text from the Act
Shown as written cl 7 — Section 113 amended (Beneficiary must notify change of circumstances)
The bill says: In the heading above section 113(2), after "Examples of change of circumstances", insert ": general".
We haven’t applied this one as a diff: we couldn't identify which provision this instruction points at — the change is shown as written.
The new text the bill supplies:
: general
New provision cl 7 — Section 113 amended (Beneficiary must notify change of circumstances) (section 113(3))
The bill says: After section 113(3), insert:
Examples of change of circumstances: parental income requirement (3A) Examples of a change in the beneficiary’s circumstances, in relation to a relevant benefit, include— the beneficiary becoming, or ceasing to be, a specified young person for a relevant benefit (see section 23A(1)): a change that does, or may, affect whether a parent of the beneficiary is an applicable parent (see sections 23B and 23E): the beneficiary ceasing to be a dependent child in respect of whom a relevant benefit would be or was granted or regranted to, and payable to, any other person (see section 23A(2)(a)): the beneficiary, or the beneficiary’s spouse or partner, ceasing to have the care of the last or only dependent child in respect of whom a relevant benefit granted or regranted to the beneficiary, or the beneficiary’s spouse or partner, would be, or was, payable (see section 23A(2)(b)): the beneficiary, or the beneficiary’s spouse or partner, ceasing to have the care of the last or only child in respect of whom the beneficiary, or the beneficiary’s spouse or partner, was receiving an orphan’s benefit, an unsupported child’s benefit, or a foster care allowance (see section 23A(2)(c)). (3B) Examples of a change in the circumstances of a parent of the beneficiary that affects whether the beneficiary is subject to, or meets, the parental income requirement, in relation to a relevant benefit, include— a change in whether the parent is single or is in a relationship, and that does, or may, affect the applicable parents of a specified young person in respect of whom the relevant benefit would be or was payable: an increase in the parental income of 1 applicable parent, or in the combined parental income of 2 applicable parents, of a specified young person in respect of whom the relevant benefit would be or was payable.
Before-text from the Act
New provision cl 8 — New subparts 3B to 3D of Part 6 inserted (section 311)
The bill says: Before section 311, insert:
310W Relevant benefit to which this subpart applies Relevant benefit to which this subpart applies (1) This subpart applies to a relevant benefit granted or regranted to, or in respect of, a specified young person (A) if MSD becomes aware in any way of information that does, or may, satisfy MSD that— a child leaves the care of A, or of A and A’s spouse or partner; and the child leaves that care in a way that meets the conditions set out in subsections (2) and (3). Child leaves care because of sudden uncontrollable change of circumstances (2) The condition in this subsection is that the child leaves the care of A, or of A and A’s spouse or partner, because of a change of circumstances that is sudden and beyond the control of A, or of A and A’s spouse or partner. A is subject to parental income requirement (3) The condition in this subsection is that the child leaves the care of A, or of A and A’s spouse or partner, with the effect that section 23A(2)(b) or (c) ceases to apply to A (and A is subject to the parental income requirement under section 23A(1)) because— the relevant benefit ceases to be payable at an appropriate rate of benefit that is determined including (as well as A, and A’s spouse or partner (if any)) 1 or more dependent children; or A, or A’s spouse or partner, ceases to be receiving, in respect of a child, an orphan’s benefit, an unsupported child’s benefit, or a foster care allowance. 310X Review under section 304 to ascertain child exclusion date MSD must carry out a review under section 304 to ascertain the child exclusion date (if any), which, in this subpart, means the date on which,— if section 310W(3)(a) applies, the relevant benefit ceases to be payable in respect of A, or A and A’s spouse or partner, and 1 or more dependent children; or if section 310W(3)(b) applies, A, or A’s spouse or partner, ceases to be receiving, in respect of a child, an orphan’s benefit, an unsupported child’s benefit, or a foster care allowance. 310Y Other requirements apply only if MSD notified that child left care Sections 310Z to 310ZG apply only if MSD ascertains the child exclusion date under section 310X, and notice that the child left the care of A, or of A and A’s spouse or partner, is given to MSD— by or on behalf of A, or of A and A’s spouse or partner; and at a time before the 21st working day after the child exclusion date. 310Z Conditional payment at rate without dependent children (1) MSD must pay the relevant benefit in respect of A, or of A and A’s spouse or partner,— at the appropriate rate for a beneficiary, or for a beneficiary and their spouse or partner, without 1 or more dependent children; and as a conditional payment that, to the extent that A, or A’s spouse or partner, does not meet the parental income requirement for all or any of the days for which the conditional payment is made, is a debt due to the Crown from A, or from A and A’s spouse or partner, for the purpose of regulations made under section 444. (2) The conditional payment is paid until the earlier of the following: the end of 20 working days after the child exclusion date: the end of the date on which a review under section 310ZA determines whether A or A’s spouse or partner is, or remains, entitled to receive the relevant benefit, and the rate of benefit of the relevant benefit, that is being paid to, or in respect of, A or A’s spouse or partner. 310ZA Review of entitlement to, and rate of benefit of, relevant benefit (1) MSD must, after MSD has received the required information (see section 310ZB(2)), review whether A or A’s spouse or partner is, or remains, entitled to receive the relevant benefit, and the rate of benefit of the relevant benefit, that is being paid to, or in respect of, A or A’s spouse or partner. (2) See also clause 14C of Schedule 3 (parental income requirement: how parental income is calculated: reviews under subparts 3B to 3D of Part 6). 310ZB Notice of review and seeking required information Notice of review (1) MSD must, as soon as practicable (and, if possible, at least 20 working days) before the 21st working day after the child exclusion date, give A a notice explaining that— the relevant benefit is, for up to 20 working days after the child exclusion date, paid as a conditional payment— at the appropriate rate for a beneficiary, or for a beneficiary and their spouse or partner, without 1 or more dependent children; and that, to the extent that A, or A’s spouse or partner, does not meet the parental income requirement for all or any of those working days, is a debt due to the Crown from A, or from A and A’s spouse or partner; and if the review under section 310ZA determines that A does not meet the parental income requirement, the relevant benefit will be cancelled, or will be payable at only half the rate of benefit in clause 1(j)(i) of Part 1 of Schedule 4, with effect starting on the child exclusion date; and if the relevant benefit is so cancelled, or is so payable at only half the rate of benefit in clause 1(j)(i) of Part 1 of Schedule 4, MSD must consider eligibility for, and granting of, any other benefit that, if granted, would be payable to, or in respect of, A. Required information (2) That notice must ask A to ensure that MSD receives, from or on behalf of A, as soon as is reasonably practicable before the 21st working day after the child exclusion date, and because it is required by MSD under this section, information (in this subpart, called the required information) that— is reasonably required for the purposes of the review; and shows whether A meets the parental income requirement. Notice if couple both subject to parental income requirement (3) A notice required by subsections (1) and (2) must be given to A, and applies to both A and A’s spouse or partner, if— A is the person to whom the relevant benefit is granted or regranted, is subject to the parental income requirement under section 23A(1), and is not required to be taken to meet it under section 23B(2); and A’s spouse or partner is the person in respect of whom the relevant benefit is granted or regranted, is subject to the parental income requirement under section 23A(1), and is not required to be taken to meet it under section 23B(2). 310ZC If benefit suspended, or not payable, for another reason Effect on requirement to give notice (1) Subsection (2) applies if, at the time MSD would (but for that subsection) be required to give notice under section 310ZB, A’s relevant benefit is, for reasons unrelated to A not meeting the parental income requirement,— suspended; or not for the time being payable under this Act. (2) MSD is not required to give the notice at that time, but may do so before the 21st working day after the child exclusion date if— A’s relevant benefit has ceased, or will cease, for reasons of that kind, to be suspended, or to be not for the time being payable; and it is reasonably practicable for A to provide the required information before the 21st working day after the child exclusion date. Effect on requirement to conduct review (3) Subsection (4) applies if, at the time MSD would (but for that subsection) be required to conduct a review under section 310ZA, A’s relevant benefit is, for reasons unrelated to A not meeting the parental income requirement,— suspended; or not for the time being payable under this Act. (4) MSD is not required to conduct the review at that time, but may do so after MSD has received the required information. 310ZD Suspension or reduction if required information not provided (1) If A is the person to whom the relevant benefit is granted or regranted, and MSD has not received from A the required information before the 21st working day after the child exclusion date, MSD must suspend the relevant benefit with effect starting on the child exclusion date and until the earlier of the following events: MSD receives the required information and completes a review under section 310ZA: MSD cancels the benefit under section 310ZF. (2) If A is a spouse or partner in respect of whom the relevant benefit is granted or regranted, and MSD has not received from A the required information before the 21st working day after the child exclusion date, the relevant benefit is payable at only half the rate of benefit in clause 1(j)(i) of Part 1 of Schedule 4 with effect starting on the child exclusion date and until the earlier of the following events: MSD receives the required information and completes a review under section 310ZA: MSD cancels the benefit under section 310ZF. 310ZE What MSD must do as result of review (1) As a result of the review under section 310ZA, MSD must, if A does not meet the parental income requirement,— cancel the relevant benefit, or pay the relevant benefit at only half the rate of benefit in clause 1(j)(i) of Part 1 of Schedule 4, with effect starting on the child exclusion date (as required by section 23C); and consider eligibility for, and granting of, another benefit that, if granted, would be payable to, or in respect of, A. (2) As a result of the review under section 310ZA, MSD must, if A meets the parental income requirement,— and the relevant benefit has not been suspended, continue the relevant benefit at the appropriate rate; or and the relevant benefit has been suspended, resume the relevant benefit at the appropriate rate and with effect starting on the child exclusion date. 310ZF Cancellation if required information not provided If MSD has not received the required information 8 weeks after the child exclusion date, MSD must cancel the relevant benefit with effect starting on the child exclusion date. 310ZG Part 7 gives rights to seek review or appeal against decision (1) Rights to seek a review of, or to appeal against, a decision on a review under section 310ZA this subpart are given by the following subparts of Part 7: subpart 2 (reviews by benefits review committee): subpart 3 (appeals to appeal authority): subpart 4 (appeals to courts). (2) Subsection (1) is by way of explanation only. 310ZH Child leaves care for other reason Relevant benefit to which this subpart applies (1) This subpart applies to a relevant benefit granted or regranted to, or in respect of, a specified young person (A) if MSD becomes aware in any way of information that does, or may, satisfy MSD that— a child leaves the care of A, or of A and A’s spouse or partner; and the child leaves that care in a way that meets the conditions set out in subsections (2) and (3). Child leaves care for other reason (2) The condition in this subsection is that the child leaves the care of A, or of A and A’s spouse or partner, for any reason other than a change of circumstances that is sudden and beyond the control of A, or of A and A’s spouse or partner. A is subject to parental income requirement (3) The condition in this subsection is that the child leaves the care of A, or of A and A’s spouse or partner, with the effect that section 23A(2)(b) or (c) ceases to apply to A (and A is subject to the parental income requirement under section 23A(1)) because— the relevant benefit ceases to be payable in respect of 1 or more dependent children (as well as in respect of A, and A’s spouse or partner (if any)); or A, or A’s spouse or partner, ceases to be receiving, in respect of a child, an orphan’s benefit, an unsupported child’s benefit, or a foster care allowance. 310ZI Review under section 304 to ascertain child exclusion date MSD must carry out a review under section 304 to ascertain the child exclusion date (if any), which, in this subpart, means the date on which,— if section 310ZH(3)(a) applies, the relevant benefit ceases to be payable at an appropriate rate of benefit that is determined including (as well as A, and A’s spouse or partner (if any)) 1 or more dependent children; or if section 310ZH(3)(b) applies, A, or A’s spouse or partner, ceases to be receiving, in respect of a child, an orphan’s benefit, an unsupported child’s benefit, or a foster care allowance. 310ZJ Other requirements apply only if MSD notified that child left care Sections 310ZK to 310ZQ apply only if MSD ascertains the child exclusion date under section 310ZI, and notice that the child left the care of A, or of A and A’s spouse or partner, is given to MSD— by or on behalf of A, or of A and A’s spouse or partner; and at a time before the child exclusion date. 310ZK Review of entitlement to, and rate of benefit of, relevant benefit (1) MSD must, on or after the child exclusion date and after MSD has received the required information (see section 310ZL(2)), review whether A or A’s spouse or partner is, or remains, entitled to receive the relevant benefit, and the rate of benefit of the relevant benefit, that is being paid to, or in respect of, A. (2) See also clause 14C of Schedule 3 (parental income requirement: how parental income is calculated: reviews under subparts 3B to 3D of Part 6). 310ZL Notice of review and seeking required information Notice of review (1) MSD must, as soon as practicable (and, if possible, at least 20 working days) before the child exclusion date, give A a notice explaining that,— if the review under section 310ZK determines that A does not meet the parental income requirement, the relevant benefit will be cancelled, or will be payable at only half the rate of benefit in clause 1(j)(i) of Part 1 of Schedule 4, with effect starting on the child exclusion date; and if the relevant benefit is so cancelled, or is so payable at only half the rate of benefit in clause 1(j)(i) of Part 1 of Schedule 4, MSD must consider eligibility for, and granting of, any other benefit that, if granted, would be payable to, or in respect of, A. Required information (2) That notice must ask A to ensure that MSD receives, from or on behalf of A, as soon as is reasonably practicable before the child exclusion date, and because it is required by MSD under this section, information (in this subpart, called the required information) that— is reasonably required for the purposes of the review; and shows whether A meets the parental income requirement. Notice if couple both subject to parental income requirement (3) A notice required by subsections (1) and (2) must be given to A, and applies to both A and A’s spouse or partner, if— A is the person to whom the relevant benefit is granted or regranted, is subject to the parental income requirement under section 23A(1), and is not required to be taken to meet it under section 23B(2); and A’s spouse or partner is the person in respect of whom the relevant benefit is granted or regranted, is subject to the parental income requirement under section 23A(1), and is not required to be taken to meet it under section 23B(2). 310ZM If benefit suspended, or not payable, for another reason Effect on requirement to give notice (1) Subsection (2) applies if, at the time MSD would (but for that subsection) be required to give notice under section 310ZL, A’s relevant benefit is, for reasons unrelated to A not meeting the parental income requirement,— suspended; or not for the time being payable under this Act. (2) MSD is not required to give the notice at that time, but may do so before the 21st working day after the child exclusion date if— A’s relevant benefit has ceased, or will cease, for reasons of that kind, to be suspended, or to be not for the time being payable; and it is reasonably practicable for A to provide the required information before the 21st working day after the child exclusion date. Effect on requirement to conduct review (3) Subsection (4) applies if, at the time MSD would (but for that subsection) be required to conduct a review under section 310ZK, A’s relevant benefit is, for reasons unrelated to A not meeting the parental income requirement,— suspended; or not for the time being payable under this Act. (4) MSD is not required to conduct the review at that time, but may do so after MSD has received the required information. 310ZN Suspension or reduction if required information not provided (1) If A is the person to whom the relevant benefit is granted or regranted, and MSD has not received the required information before the child exclusion date, MSD must suspend the relevant benefit with effect starting on the child exclusion date and until the earlier of the following events: MSD receives the required information and completes a review under section 310ZK: MSD cancels the benefit under section 310ZP. (2) If A is a spouse or partner in respect of whom the relevant benefit is granted or regranted, and MSD has not received from A the required information before the child exclusion date, the relevant benefit is payable at only half the rate of benefit in clause 1(j)(i) of Part 1 of Schedule 4 with effect starting on the child exclusion date and until the earlier of the following events: MSD receives the required information and completes a review under section 310ZK: MSD cancels the benefit under section 310ZP. 310ZO What MSD must do as result of review (1) As a result of the review under section 310ZK, MSD must, if A does not meet the parental income requirement,— cancel the relevant benefit, or pay the relevant benefit at only half the rate of benefit in clause 1(j)(i) of Part 1 of Schedule 4, with effect starting on the child exclusion date (as required by section 23C); and consider eligibility for, and granting of, another benefit that, if granted, would be payable to, or in respect of, A. (2) As a result of the review under section 310ZK, MSD must, if A meets the parental income requirement, continue or resume the relevant benefit at the appropriate rate and with effect starting on the child exclusion date. 310ZP Cancellation if required information not provided If MSD has not received the required information 8 weeks after the child exclusion date, MSD must cancel the relevant benefit with effect starting on the child exclusion date. 310ZQ Part 7 gives rights to seek review or appeal against decision (1) Rights to seek a review of, or to appeal against, a decision on a review under section 310ZK this subpart are given by the following subparts of Part 7: subpart 2 (reviews by benefits review committee): subpart 3 (appeals to appeal authority): subpart 4 (appeals to courts). (2) Subsection (1) is by way of explanation only. 310ZR Relevant benefit to which this subpart applies This subpart applies to a relevant benefit that— is, or is an emergency benefit equivalent to, jobseeker support granted under section 25(4); and is granted to, or in respect of, a person (A) who— was not a specified young person when that benefit was granted; and becomes a specified young person (and subject to the parental income requirement under section 23A(1)) after that benefit was granted and on A’s, or A’s spouse’s or partner’s, 18th birthday. 310ZS Review of entitlement to, and rate of benefit of, relevant benefit (1) MSD must, on or after that 18th birthday and after MSD has received the required information (see section 310ZT(2)), review whether A or A’s spouse or partner is, or remains, entitled to receive the relevant benefit, and the rate of benefit of the relevant benefit, that is being paid to, or in respect of, A. (2) See also clause 14C of Schedule 3 (parental income requirement: how parental income is calculated: reviews under subparts 3B to 3D of Part 6). 310ZT Notice of review and seeking required information Notice of review (1) MSD must, as soon as practicable (and, if possible, at least 20 working days) before that 18th birthday, give A a notice explaining that,— if the review under section 310ZS determines that A does not meet the parental income requirement, the relevant benefit will be cancelled, or will be payable at only half the rate of benefit in clause 1(j)(i) of Part 1 of Schedule 4, with effect starting on that 18th birthday; and if the relevant benefit is so cancelled, or is so payable at only half the rate of benefit in clause 1(j)(i) of Part 1 of Schedule 4, MSD must consider eligibility for, and granting of, any other benefit that, if granted, would be payable to, or in respect of, A. Required information (2) That notice must ask A to ensure that MSD receives, from or on behalf of A, as soon as is reasonably practicable before that 18th birthday, and because it is required by MSD under this section, information (in this subpart, called the required information) that— is reasonably required for the purposes of the review; and shows whether A meets the parental income requirement. Notice if couple both subject to parental income requirement (3) A notice required by subsections (1) and (2) must be given to A, and applies to both A and A’s spouse or partner, if— A is the person to whom the relevant benefit is granted or regranted, is subject to the parental income requirement under section 23A(1), and is not required to be taken to meet it under section 23B(2); and A’s spouse or partner is the person in respect of whom the relevant benefit is granted or regranted, is subject to the parental income requirement under section 23A(1), and is not required to be taken to meet it under section 23B(2). 310ZU If benefit suspended, or not payable, for another reason Effect on requirement to give notice (1) Subsection (2) applies if, at the time MSD would (but for that subsection) be required to give notice under section 310ZT, A’s relevant benefit is, for reasons unrelated to A not meeting the parental income requirement,— suspended; or not for the time being payable under this Act. (2) MSD is not required to give the notice at that time, but may do so before that 18th birthday if— A’s relevant benefit has ceased, or will cease, for reasons of that kind, to be suspended, or to be not for the time being payable; and it is reasonably practicable for A to provide the required information before that 18th birthday. Effect on requirement to conduct review (3) Subsection (4) applies if, at the time MSD would (but for that subsection) be required to conduct a review under section 310ZS, A’s relevant benefit is, for reasons unrelated to A not meeting the parental income requirement,— suspended; or not for the time being payable under this Act. (4) MSD is not required to conduct the review at that time, but may do so after MSD has received the required information. 310ZV Suspension or reduction if required information not provided (1) If A is the person to whom the relevant benefit is granted or regranted, and MSD has not received the required information before that 18th birthday, MSD must suspend the relevant benefit with effect starting on that 18th birthday and until the earlier of the following events: MSD receives the required information and completes a review under section 310ZS: MSD cancels the benefit under section 310ZX. (2) If A is a spouse or partner in respect of whom the relevant benefit is granted or regranted, and MSD has not received from A the required information before that 18th birthday, the relevant benefit is payable at only half the rate of benefit in clause 1(j)(i) of Part 1 of Schedule 4 with effect starting on that 18th birthday and until the earlier of the following events: MSD receives the required information and completes a review under section 310ZS: MSD cancels the benefit under section 310ZX. 310ZW What MSD must do as result of review (1) As a result of the review under section 310ZS, MSD must, if A does not meet the parental income requirement,— cancel the relevant benefit, or pay the relevant benefit at only half the rate of benefit in clause 1(j)(i) of Part 1 of Schedule 4, with effect starting on that 18th birthday (as required by section 23C); and consider eligibility for, and granting of, another benefit that, if granted, would be payable to, or in respect of, A. (2) As a result of the review under section 310ZS, MSD must, if A meets the parental income requirement, continue or resume the relevant benefit at the appropriate rate and with effect starting on that 18th birthday. 310ZX Cancellation if required information not provided If MSD has not received the required information 8 weeks after that 18th birthday, MSD must cancel the relevant benefit with effect starting on that 18th birthday. 310ZY Part 7 gives rights to seek review or appeal against decision (1) Rights to seek a review of, or to appeal against, a decision on a review under section 310ZS this subpart are given by the following subparts of Part 7: subpart 2 (reviews by benefits review committee): subpart 3 (appeals to appeal authority): subpart 4 (appeals to courts). (2) Subsection (1) is by way of explanation only.
Before-text from the Act
New provision cl 9 — New section 422A inserted (Regulations: jobseeker support: parental income requirement: parental income inclusions and exclusions) (section 422)
The bill says: After section 422, insert:
422A Regulations: jobseeker support: parental income requirement: parental income inclusions and exclusions (1) The Governor-General may, by Order in Council, make regulations for the purposes of either or both of the following paragraphs of the definition of parental income in section 23D: paragraph (b) (amount, item, payment, or income from specified source, declared to be parental income): paragraph (d) (amount, item, payment, or income from specified source, declared not to be parental income). (2) Regulations made under subsection (1)(b) have effect in respect of any income specified in the regulations on and after a date— specified in the regulations; and earlier than, the same as, or later than the date on which the regulations are made. (3) Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Before-text from the Act
Shown as written cl 10 — Schedule 1 amended (Schedule 1)
The bill says: In Schedule 1, insert the Part set out in Schedule 1 of this Act as the last Part
We haven’t applied this one as a diff: this instruction restructures a schedule (tables, forms or lists), which we can't yet apply mechanically — the change is shown as written.
Shown as written cl 11 — Schedule 2 amended (Schedule 2)
The bill says: In Schedule 2, insert in their appropriate alphabetical order:
We haven’t applied this one as a diff: this instruction restructures a schedule (tables, forms or lists), which we can't yet apply mechanically — the change is shown as written.
The new text the bill supplies:
applicable parent is defined in section 23E for the purposes of the parental income requirement provisions
calculation year is defined in section 23D for the purposes of the parental income requirement provisions
child exclusion date—
is defined in section 310X for the purposes of subpart 3B of Part 6; and
is defined in section 310ZI for the purposes of subpart 3C of Part 6
foster care allowance is defined in section 23D for the purposes of the parental income requirement provisions
MSD income tax deduction or payment is defined in section 23D for the purposes of the parental income requirement provisions
parental income—
is defined in section 23D for the purposes of the parental income requirement provisions; but
for the purposes of clauses 16A and 17 of Schedule 3, has the meaning in section 23D as modified by clause 16A(5) of Schedule 3
parental income limit is defined in section 23D for the purposes of the parental income requirement provisions
parental income requirement is defined in section 23D for the purposes of the parental income requirement provisions
parental income requirement provisions is defined in section 23D for the purposes of those provisions
relevant benefit is defined in section 23D for the purposes of the parental income requirement provisions
required information—
is defined in section 310ZB for the purposes of subpart 3B of Part 6; and
is defined in section 310ZL for the purposes of subpart 3C of Part 6; and
is defined in section 310ZT for the purposes of subpart 3D of Part 6
specified young person is defined in section 23D for the purposes of the parental income requirement provisions
replace_definition cl 11 — Schedule 2 amended (Schedule 2, definition of parent)
The bill says: In Schedule 2, replace the definition of parent with:
parent, parent,- in relation to a child,- specified young person, is defined in section 23D for the purposes of the parental income requirement provisions; and (a) in relation to a child, is defined in section 43(3) for the purposes only of- (i) subpart 5 of Part 2 (orphan's benefit); and (ii) section 31(b)(i) (sole parent support: when dependent child may be regarded as applicant's child); and (b) in relation to a child, is defined in section 46(3) for the purposes only of- (i) subpart 6 of Part 2 (unsupported child's benefit); and (ii) section 31(b)(ii) (sole parent support: when dependent child may be regarded as applicant's child)
Shown as written cl 12 — Schedule 3 amended
The bill says: In the Schedule 3 heading, after "Income and liabilities", insert ", and parental income".
We haven’t applied this one as a diff: we couldn't identify which provision this instruction points at — the change is shown as written.
The new text the bill supplies:
, and parental income
Shown as written cl 12 — Schedule 3 amended
The bill says: In the Schedule 3 heading,-
We haven’t applied this one as a diff: we couldn't identify which provision this instruction points at — the change is shown as written.
Shown as written cl 12 — Schedule 3 amended (Schedule 3)
The bill says: In Schedule 3, clause 1(c), after "income", insert "and parental income".
We haven’t applied this one as a diff: the quoted text appears 192 times in the provision and the instruction points at one place — no diff is shown rather than guessing which occurrence.
The new text the bill supplies:
and parental income
Shown as written cl 12 — Schedule 3 amended (Schedule 3)
The bill says: In Schedule 3, Part 3 heading, after "General provisions on calculation of income", insert "and parental income".
We haven’t applied this one as a diff: the quoted text appears 2 times in the provision and the instruction points at one place — no diff is shown rather than guessing which occurrence.
The new text the bill supplies:
and parental income
Amended cl 12 — Schedule 3 amended (Schedule 3)
The bill says: In Schedule 3, clause 9, before "specified source", insert "a".
Schedule 3 Income and liabilities ss 2, 65, 85, 96, 101, 418, 422, Schedules 1, 2 Contents Part 1 Guide to, and ranking of, provisions 1 What this schedule does 2 Ranking of provisions in and outside this schedule Part 2 Income 3 General definition of income 4 Income includes periodical payments, etc, for income-related purposes 5 Income includes specified insurance payments 6 Income includes specified other payments related to work ending 7 Income includes value of goods, etc, supplied on regular basis 7A Overview of how child support may be income 8 Income excludes specified benefits, payments, interests acquired, etc 8A Exception to exclusion in clause 8(a): income includes COVID-19 income relief payment [Repealed] 9 Income excludes amounts, etc, declared not to be income 10 Considerations for whether income-related insurance payment or income-related purpose Part 3 General provisions on calculation of income 11 Interpretation 12 How annual income is calculated 13 How weekly income is calculated: general 14 Adjustments for likely reductions or increases 15 Rules on how MSD determines income of people engaged in business or trade Part 3A Special provisions on calculation of weekly income that is information share child support payment How payment is charged as weekly income 15A How payment is charged as weekly income 15B Effect of non-payment of benefit or other assistance Definitions 15C Interpretation Receipt 15D Deemed receipt: general rule 15E Deemed receipt: exception Payment charged as income: general rules 15F When income charging starts: general rule 15G When income charging ends: general rule Exceptions 15H Terminal benefit 15I Transfer to new benefit paid in different instalments Part 4 Deprivation of income or property 16 Effect of deprivation of income or property 17 Rules on how MSD determines deprivation of income or property Part 5 Effect on liabilities of insurance payments 18 How accommodation costs affected by debt insurance payment in relation to mortgage security 19 How expenses for disability allowance may be affected by health or disability insurance payment 20 How commitments for temporary additional support may be affected by debt, or health or disability, insurance payment 21 How costs, etc, for approved programme of special assistance may be affected by debt, or health or disability, insurance payment Part 1 Guide to, and ranking of, provisions 1 What this schedule does This schedule contains provisions on the following matters: (a) the ranking of income provisions in and outside this schedule: (b) what, for the purposes of this Act, is income (including an overview of how child support may be income for the purposes of this Act): (c) general provisions on how income is calculated: (ca) special provisions on how weekly income is calculated if that income is information share child support payments: (d) what may happen if an applicant for a benefit deprives the applicant of income, property, or both: (e) how insurance payments to or for a person affect liabilities for the purposes of various benefits. 2 Ranking of provisions in and outside this schedule (1) Clause 3 is overridden by clauses 4 to 10. (2) Clauses 4 to 10 are overridden by any contrary provisions in this Act (for example, by regulations made under section 424(2)(d), and by clause 16(3)). (3) Regulations made (under section 422) for the purposes of clause 9 override any contrary provisions in this Act. Compare: 1964 No 136 ss 3(1), definition of income, 68, 74(1)(d), (2) Part 2 Income 3 General definition of income Income, of a person, means the money value (before income tax) of a thing that- (a) is money received, or an interest acquired, by the person; and (b) is not an interest in capital received or acquired by the person. Compare: 1964 No 136 s 3(1), definition of income, paragraph (a) 4 Income includes periodical payments, etc, for income-related purposes (1) A person's income includes any periodical payments made to the person, and the value of any credits or services provided periodically to the person,- (a) from any source for income-related purposes; and (b) used by the person for income-related purposes. (2) Subclause (1) applies- (a) whether or not the payments, credits, or services are capital; and (b) to the payments, credits, or services as calculated before the deduction (if applicable) of income tax. (3) The contrary provisions that (under clause 2(2)) override this clause include clause 10 (which requires MSD to have regard to specified matters in considering, in respect of a person, whether a payment, credit, or service is for an income-related purpose). Compare: 1964 No 136 s 3(1), definition of income, paragraph (b), and definition of income-related purpose 5 Income includes specified insurance payments (1) A person's income includes the following payments made to the person: (a) any periodical income-related insurance payments: (b) any lump sum income-related insurance payment- (i) made in respect of the occurrence of a contingency; and (ii) made within a period of 10 weeks from that occurrence; and (iii) to the extent only that it replaces income lost by the person because of that occurrence. (2) Subclause (1) also applies to a payment referred to in subclause (1)(a) or (b) that the person would have been entitled to receive- (a) under an accident insurance contract as defined in section 13 of the Accident Insurance Act 1998; and (b) but for the existence of a risk sharing agreement referred to in section 185 of the Accident Insurance Act 1998 (as it read immediately before its repeal by section 7 of the Accident Insurance Amendment Act 2000). (3) Subclause (1) applies- (a) whether or not the payments are capital; and (b) to the payments as calculated before the deduction (if applicable) of income tax. (4) The contrary provisions that (under clause 2(2)) override this clause include- (a) section 198 (loss of earnings compensation under Accident Compensation Act 2001); and (b) clause 10 (which requires MSD to have regard to specified matters in considering, in respect of a person, whether a payment, credit, or service is an income-related insurance payment). Compare: 1964 No 136 s 3(1), definition of income, paragraph (c) 6 Income includes specified other payments related to work ending A person's income includes the following payments made to the person: (a) any payment relating to a situation involving a seasonal layoff: (b) any payment contingent on the completion of either a fixed-term engagement or an engagement to complete work specified in a contract: (c) any payment in lieu of notice terminating employment: (d) any payment (including holiday pay) that, if it had not been made in relation to termination of employment, would, in MSD's opinion, have been paid so as to constitute monetary remuneration of the employee: (e) any parental leave payments paid under Part 7A of the Parental Leave and Employment Protection Act 1987: (f) any payment in relation to termination of employment made by a company pursuant to its constitution to any of its directors. Compare: 1964 No 136 s 3(1), definition of income, paragraph (d) 7 Income includes value of goods, etc, supplied on regular basis (1) A person's income includes the value of any goods, services, transport, or accommodation supplied on a regular basis to the person by any other person. (2) Subclause (1) applies to the value of the goods, services, transport, or accommodation as calculated before the deduction (if applicable) of income tax. Compare: 1964 No 136 s 3(1), definition of income, paragraph (e) 7A Overview of how child support may be income Interests acquired (1) Under clause 8(m), child support that is an interest acquired by a person (rather than money received by (a payment made to) a person) is not income of the person. Examples are- (a) an interest acquired that is an offset child support payment; or (b) an interest acquired by way of any child support debt recovery by reduced further payments of child support. Deductions (2) Under clause 8(n), child support that is a child support deduction for a receiving carer who is a UCB beneficiary is not income of that person. Money received (payments) (3) Child support that is money received by a person is income of the person for the purposes of this Act unless it is- Court-ordered lump sums MSD determines are capital are not income (a) a payment that is ordered by the Family Court under section 109 of the Child Support Act 1991 (orders for provision of child support in form of lump sum) and that MSD determines, under clause 3(b) of this schedule, is an interest in capital received or acquired by the person; or Child support excess payments are not income (b) a child support excess payment (which includes, without limitation, a mixed child support payment) that, under clause 8(na), is not income of the person; or Payments covered by income exemption regulations are not income (c) a payment that, under clause 9 and income exemption regulations made under section 422, is not income of the person. (4) A child support payment is 1 of the following (as defined in Schedule 2)- (a) an information share child support payment; or (b) a general provisions child support payment. How information share child support payments are charged as income (5) An information share child support payment that is income is subject to- (a) general annual income provisions in Part 3 of this schedule (see clauses 12 and 14 (how annual income is calculated)); and (b) special weekly income provisions in Part 3A of this schedule. How general provisions child support payments are charged as income (6) A general provisions child support payment that is income is subject to- (a) general annual income provisions in Part 3 of this schedule (see clauses 12 and 14 (how annual income is calculated)); and (b) general weekly income provisions in Part 3 of this schedule (see clauses 13 and 14 (how weekly income is calculated)). Special provisions about cash assets or income for particular purposes (7) This overview is about income for the purposes of the Act, and so does not affect special provisions about cash assets or income for particular purposes, for example,- (a) accommodation supplement (see regulations made under section 423): (b) childcare assistance (see regulations made under section 424): (c) temporary additional support (see regulations made under section 428): (d) a benefit's stand-down period (see regulations made under section 440). 8 Income excludes specified benefits, payments, interests acquired, etc (1) A person's income excludes the following amounts or payments: (a) any benefit, grant, allowance, or concession received by the person under this Act, Part 6 of the Veterans' Support Act 2014, or Part 1 of the New Zealand Superannuation and Retirement Income Act 2001: (b) any pension or allowance (other than weekly income compensation or weekly compensation) under the Veterans' Support Act 2014 received by any person because of the person's own disablement: (c) any surviving spouse or partner pension received by the person under section 66 of the Veterans' Support Act 2014: (d) any, or any part of any, pension or other periodical allowance received by any person from the Government of any Commonwealth country (other than New Zealand) that MSD determines is analogous to a pension or allowance specified in paragraph (b) or (c): (e) the value of any assistance of a kind approved by MSD provided to the person as a person with a health condition, injury, or disability to obtain or remain in employment: (f) any money received by the person by way of funeral benefit from any friendly society: (g) a participation allowance received by the person: (h) any money paid in respect of any military decoration and received by the person as a recipient of that decoration: (i) any money received by the person by way of an independence allowance under section 54 of the Accident Rehabilitation and Compensation Insurance Act 1992 or Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998, or any impairment lump sum received under Schedule 1 of the Accident Compensation Act 2001: (j) any money received by the person under the Oranga Tamariki Act 1989 in respect of the care of a child or young person (as those terms are defined in that Act), including financial assistance received by a young person (including a young adult), a caregiver, or other person under section 386AAG or 386B of that Act: (k) any income-related rent (within the meaning of the Public and Community Housing Management Act 1992): (l) any tax credit or amount received by the person under- (i) subparts MA to MG and MZ of the Income Tax Act 2007; or (ii) subpart KD of the Income Tax Act 2004; or (iii) subpart KD of the Income Tax Act 1994; or (iv) Part 11A of the Income Tax Act 1976: (m) child support that is an interest acquired by the person, for example,- (i) an interest acquired that is an offset child support payment; or (ii) an interest acquired by way of child support debt recovery by reduced further payments of child support: (n) a child support deduction for a receiving carer who is a UCB beneficiary: (na) a child support excess payment (which includes, without limitation, a mixed child support payment): (o) any amount of output tax charged in respect of a supply of goods and services made by that person: (p) any amount of goods and services tax payable by the Commissioner of Inland Revenue to that person: (q) if the person is an applicable person (as defined in section 2(1) of the Public and Community Housing Management Act 1992) in relation to any social housing,- (i) 38% of the value of any goods or services provided or paid for- (A) by an additional resident; and (B) for any 1 or more of the reasons set out in paragraphs (a) to (c) of the definition of contributions in section 2(1) of the Public and Community Housing Management Act 1992: (ii) 38% of any payment made to the person- (A) by an additional resident; and (B) for any 1 or more of the reasons set out in paragraphs (a) to (c) of the definition of contributions in section 2(1) of the Public and Community Housing Management Act 1992: (r) 38% of any amount that- (i) is received by the person from a boarder (as defined in section 65AAA) for board and lodgings at the premises at which the person resides; and (ii) is not derived by the person from a business carried on by the person. (2) In addition, the income of a person who has accommodation income for a period excludes the person's accommodation income for the period to the extent that it does not exceed,- (a) if the person resides at any social housing and is not an additional resident in relation to that housing, the market rent for that housing for the period; or (b) in any other case, the amount calculated in accordance with the following formula: a × (1 − ((b + c + d) ÷ e)) where- a is the person's accommodation costs for the period b is,- (i) if the person does not use any separately identifiable part of the premises at which they reside primarily for business purposes during the period, zero; or (ii) if paragraph (i) does not apply, the sum of the areas of each separately identifiable part of the premises at which the person resides that the person uses primarily for business purposes during the period c is,- (i) if, during the period, the person does not let any self-contained part of the premises at which they reside to another person or other persons who reside at those premises, zero; or (ii) if paragraph (i) does not apply, the sum of the areas of each self-contained part of the premises at which the person resides that, during the period, the person lets to another person or other persons who reside at those premises d is,- (i) if, during the period, the person does not let any separately identifiable part of the premises at which they reside to another person or other persons who do not reside at those premises, zero; or (ii) if paragraph (i) does not apply, the sum of the areas of each separately identifiable part of the premises at which the person resides that, during the period, the person lets to another person or other persons who do not reside at those premises e is the total area of the premises at which the person resides. (3) In this clause,- accommodation costs has the meaning given to it by section 65AAA accommodation income has the meaning given to it by clause 7 of Part 7 of Schedule 4 agency has the same meaning as in section 2(1) of the Public and Community Housing Management Act 1992 Kāinga Ora housing has the same meaning as in section 2(1) of the Public and Community Housing Management Act 1992 market rent,- (a) for Kāinga Ora housing and for a period, means the rent notified to the agency by Kāinga Ora-Homes and Communities- (i) as being the market rent for that housing; and (ii) most recently before the agency last calculated or reviewed an income-related rent for a tenant of that housing before the start of the period: (b) for housing provided by a registered community housing provider and for a period, means the rent notified to the agency by the provider- (i) as being the market rent for that housing; and (ii) most recently before the agency last calculated or reviewed an income-related rent for a tenant of that housing before the start of the period tenant has the same meaning as in section 2(1) of the Public and Community Housing Management Act 1992. Compare: 1964 No 136 s 3(1), definition of income, paragraph (f)(i) to (xi), (xiii), (xvi), (xviii) 8A Exception to exclusion in clause 8(a): income includes COVID-19 income relief payment 9 Income excludes amounts, etc, declared not to be income A person's income excludes any amount, item, payment, or income from specified source, declared by regulations made under section 422 not to be income. Compare: 1964 No 136 ss 3(1), definition of income, paragraph (f)(xii), (xiv), (xv), (xvii), 3(3), 66, 66A, 66B, 68, Schedule 10 10 Considerations for whether income-related insurance payment or income-related purpose In considering, in respect of a person, whether a payment, credit, or service is an income-related insurance payment or (as the case may be) is for an income-related purpose, MSD must have regard to the following matters: (a) the nature of the contingency in respect of which the payment, credit, or service was made, provided, or used: (b) the nature of the payment, credit, or service: (c) the manner in which, and the occasions on which, the payment, credit, or service is made, provided, or used: (d) the manner in which the right to or eligibility for the payment, credit, or service is expressed in any contract of insurance or in any other document: (e) whether the payment, credit, or service is required to be made or provided to any other person and, if so, the relationship between the persons: (f) whether the person has assigned the person's right to receive the payment, credit, or service: (g) any other matters that MSD considers, in the circumstances of the particular case, to be relevant. Compare: 1964 No 136 s 3(1), definition of income, paragraphs (b) and (f)(xiv)(C), definition of income-related insurance payment, s 3(4) Part 3 General provisions on calculation of income 11 Interpretation In clauses 12 to 14,- appropriate number of weeks means a number that- (a) must not exceed 52; and (b) is specified, for the benefit concerned, in regulations made under section 418(1)(o) specified provision means any provision that is all or a part of any legislation that the responsible department administers (alone or jointly with other departments) by doing either or both of the following: (a) leading advice to the Minister on its policy and effect, and on any proposed amendments to it: (b) exercising or performing powers, duties, or functions under it Example Specified provision A provision in, or made under, any of the following: this Act (for example, a schedule of this Act): the New Zealand Superannuation and Retirement Income Act 2001: Part 6 of the Veterans' Support Act 2014 Compare: 1964 No 136 s 64(1), (2), (2A) 12 How annual income is calculated (1) A person's annual income, for the rate of benefit, or as referred to in a specified provision, is (unless the context otherwise requires) the person's estimated income for the 52 weeks commencing on the date on which the benefit (if granted, or regranted) will commence. (2) The estimated annual income for the 52 weeks specified in subclause (1) is an amount equal to the income received by the person for the 52 weeks ending on the day preceding the date on which the benefit, if granted or regranted, will commence as MSD determines. (3) The income received by the person for the 52 weeks specified in subclause (2) is or includes any information share child support payment that is charged as weekly income of the person under Part 3A of this schedule for all or any of those weeks. Compare: 1964 No 136 s 64(1), (2) 13 How weekly income is calculated: general How weekly income is calculated (1) A person's weekly income, for the rate of benefit, or as referred to in a specified provision, is (unless the context otherwise requires) the person's weekly income calculated by dividing the person's total income over the appropriate number of weeks by that number of weeks. Periods to which income (other than annual holiday pay income) relates (1A) MSD must, in calculating a person's weekly income under subclause (1), determine the period or periods to which any income (other than annual holiday pay income) relates based only on- (a) the extent to which it was earned in that period or those periods; or (b) the extent to which any other entitlement to it arose in, or in respect of, that period or those periods. Example Period based only on when entitlement to income arose A person (P) receives income that is a lump sum of weekly loss of earnings compensation (as defined in section 198(3)). P's entitlement to the compensation arose in, or in respect of, a period some or all of which is earlier than the following times: the time at which P established the claim for the compensation: the time at which P received the compensation. MSD must determine the period or periods to which the income relates based only on the extent to which P's entitlement to it arose in, or in respect of, that period or those periods. (2) If MSD cannot determine the period or periods to which any income relates under subclause (1A), MSD may, in calculating a person's weekly income under subclause (1), determine the period or periods to which any income relates having regard to the period or periods for which it was otherwise received, acquired, paid, provided, or supplied. (3) MSD's determination under subclause (1A) or (2) is not limited to, or by, the exact time or times of the relevant earning, entitlement, receipt, acquisition, payment, provision, or supply referred to in that subclause. Periods to which annual holiday pay income relates (3A) MSD must, in calculating a person's weekly income under subclause (1), determine the period or periods to which annual holiday pay income relates based only on the extent to which, in that period or those periods, the person does, or is treated as having done, any of the 3 things set out in subclause (3B), (3C), or (3D). (3B) The first thing is that the person takes the annual holidays concerned during their employment (regardless of whether and, if so, when the person is paid, and receives, the annual holiday pay income). (3C) The second thing is that the person receives the annual holiday pay income, if- (a) the person does not take the annual holidays concerned during their employment; and (b) the annual holiday pay income is paid to and received by the person before the time that their employment ends; and (c) the annual holiday pay income is not paid to and received by the person in relation to termination of their employment. (3D) The third thing is that the person is under paragraph (c) of this subclause treated as having taken the annual holidays concerned, if- (a) the person does not take the annual holidays concerned during their employment; and (b) the annual holiday pay income is paid to and received by the person- (i) after the time that their employment ends; or (ii) before or at the time that their employment ends and in relation to termination of their employment; and therefore (c) this paragraph requires the person to be treated for the purposes only of subclause (3A) as if they had taken the annual holidays concerned starting on the first week day after their employment ends. (3E) In subclause (3D)(c), a week day means a day- (a) that is a day of the week other than a Saturday or a Sunday; and (b) whether or not a public holiday falls on that day. This clause does not apply to information share child support payments (4) Nothing in this clause applies to any information share child support payment (see Part 3A of this schedule). Compare: 1964 No 136 s 64(2A), (2B) 14 Adjustments for likely reductions or increases The estimated income for the period for which the calculation under clause 12(1) or 13(1) is made is the income as calculated under clause 12(1) or 13(1), but adjusted for all (if any) of the following deductions and additions: (a) MSD may deduct any items by which MSD is satisfied that income as so calculated is likely to be reduced: (b) MSD may add any items by which MSD is satisfied that income as so calculated is likely to be increased. Compare: 1964 No 136 s 64(3) 15 Rules on how MSD determines income of people engaged in business or trade (1) The Governor-General may, by Order in Council, make rules- (a) prescribing how MSD is to assess and determine for the purposes of this Act the income of all or any of the following: (i) self-employed people: (ii) people carrying on business in a partnership: (iii) people trading as a small business: (iv) directors of a company: (v) people carrying on business or trade through a company of which they are- (A) a director and a shareholder; or (B) an employee and a shareholder; or (C) a director, a shareholder, and an employee: (vi) people otherwise engaged in business or trade; and (b) prescribing the circumstances in which those rules apply. (1A) However, neither subclause (1) nor rules made under subclause (1) apply to any information share child support payment (see Part 3A of this schedule). (2) Rules made under subclause (1) may prescribe for the purposes of this Act all or any of the following: (a) the kinds of deduction from income allowed under the Income Tax Act 2007 that are to be disregarded in determining income, and- (i) the circumstances in which the deductions are to be disregarded; and (ii) whether the deductions are to be disregarded wholly or in part only: (b) how income is to be calculated if business accounts are presented in cash or accrual form: (c) livestock valuation methods, and their treatment, in calculating income: (d) the extent (if any) to which, and circumstances in which, all or any of the following are to be treated as a person's income: (i) the person's drawings from a business or trade: (ii) goods or services supplied to the person by a business or trade: (iii) distributions to the person from a business or trade: (iv) income from a business or trade by the person: (e) how it is to be determined whether a person has used assets of a business or trade for no consideration or inadequate consideration: (f) how a person's income is to be determined if the person has used assets of a business or trade for no consideration or inadequate consideration: (g) the extent (if any) to which depreciation or other provision for replacement of capital assets is to be- (i) allowed as a deduction from income; or (ii) disregarded in calculating income: (h) the extent (if any) to which, and circumstances in which, either or both of the following are to be treated as income: (i) distributions from a company: (ii) retained profits of a company: (i) the treatment of look-through companies (within the meaning of the Income Tax Act 2007). (3) Subclause (2)(d) applies to businesses and trades however they are carried on. (4) Subclause (3) does not limit subclause (1). (5) Rules made under subclause (1), if those rules reduce the income of people, have effect in respect of any income specified in the rules on and after a date that is- (a) specified in the rules; and (b) earlier than, the same as, or later than, the date on which the rules are made. (6) Rules under this clause are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements). Compare: 1964 No 136 s 132H Legislation Act 2019 requirements for secondary legislation made under this clause Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114, Sch 1 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116 This note is not part of the Act. Part 3A Special provisions on calculation of weekly income that is information share child support payment How payment is charged as weekly income 15A How payment is charged as weekly income What this Part does (1) This Part sets out how a person's information share child support payment is all or any of their weekly income- (a) for the rate of benefit; or (b) for a specified provision (as defined in clause 15C). Key steps in charging payment as weekly income (2) The key steps in charging the payment as weekly income are as follows: (a) the payment is taken to be received at deemed receipt: (b) deemed receipt is used to identify when income charging starts and ends: (c) the payment amount is divided by the number of weeks the payment is charged to produce equal amounts of weekly income for each of those weeks. Exceptions (3) Under the exception in clause 15H (terminal benefit), which applies when the person has died, and their benefit will end, or has ended, under section 326(2) or (4), the payment is not charged as the person's weekly income. (4) Under the exception in clause 15I (transfer to new benefit paid in different instalments), MSD may charge the payment amount- (a) as income for other weeks; and (b) as equal or unequal amounts of weekly income for each of those other weeks. 15B Effect of non-payment of benefit or other assistance Part applies even if benefit or other assistance not payable (1) This Part applies to a person and an income-charging period even if the person's benefit or other assistance under this Act is not payable at all or any of the following times: (a) at or after the time of disclosure to MSD of a payment that could be charged as income in the period: (b) at the start or end of, or at any other time or times in, the period. Examples of benefit or other assistance not payable The person's benefit or other assistance under this Act- is not payable at the start of the period; but is payable again later in the period. The person's benefit or other assistance under this Act- is payable at the start of the period; but is not payable, then is payable again, later in the period. (2) Subclause (1) applies whether or not the person's benefit or other assistance under this Act changes at the start or end of, or at any other time or times in, the period. (3) But subclause (1)(a) does not apply (despite subclause (4)) to a person's benefit or other assistance under this Act that is not payable because it has been cancelled. Meaning of not payable (4) For the purposes of subclause (1), a person's benefit or other assistance under this Act is not payable (subject to subclause (3)) if all or any of the following apply: (a) the benefit or other assistance under this Act is, in connection with a review under section 304 or 310A or otherwise, suspended, or otherwise not payable, in connection with decisions MSD has made, or is to make, about whether the person is, or remains, entitled to- (i) the benefit or other assistance under this Act; or (ii) the rate of benefit or other assistance under this Act that was paid to the person: (b) the person is subject to legislation in or made under this Act that provides for the suspension, or other non-payment, in certain circumstances, of that person's benefit or other assistance under this Act. Legislation providing for suspension or other non-payment (5) The legislation mentioned in subclause (4)(b) includes, without limitation,- (a) section 213 (immediate suspension of benefit at request of New Zealand Police): (b) section 219 (general rule: benefit not payable while beneficiary absent from New Zealand): (c) section 237 (sanction for second failure: suspension of main benefit): (d) section 270 (sanction for first or second failure: suspension of in-hand allowance and incentive payments): (e) section 280 (sanction for first or second failure: suspension of in-hand allowance and incentive payments): (f) sections 331 to 336 (expiry and regrant of specified benefits): (g) regulations made under section 436 (regulations: factors affecting benefits: absence from New Zealand): (h) regulations made under section 441(1) (regulations: expiry and regrant of benefits). Definitions 15C Interpretation In this Part,- business day, for an information share child support payment, means a day of the week other than- (a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and (b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and (c) Christmas Day, Boxing Day, New Year's Day, and 2 January; and (d) if Christmas Day or 1 January falls on a Friday, the following Monday; and (e) if Christmas Day or 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday expected date of the next in-cycle payment, for an in-cycle payment made on the second business day after the 19th day of a month, means the third business day after the 19th day of the next month in-cycle payment means an information share child support payment that is made- (a) by the Commissioner of Inland Revenue to the receiving carer; and (b) on the second business day after the 19th day of a month out-of-cycle payment means an information share child support payment that is not an in-cycle payment specified provision has the same meaning as in clause 11 of this schedule standard income-charging period means,- (a) if the relevant benefit or other assistance is paid in instalments of 1 week's benefit or other assistance, a period that- (i) starts on a Monday; and (ii) ends at the close of the first Sunday after that Monday; and (b) if the relevant benefit or other assistance is paid in instalments of 2 weeks' benefit or other assistance, a period that- (i) starts on a Wednesday; and (ii) ends at the close of the second Tuesday after that Wednesday transaction date, for an information share child support payment to a person, means the date of the business day on which a bank is to make the payment to the person by direct credit to a bank account nominated by the person under section 148 of the Child Support Act 1991, as the date of that business day is- (a) stated in the Commissioner of Inland Revenue's instructions to the bank; and (b) disclosed to MSD under the specified approved information sharing agreement. Receipt 15D Deemed receipt: general rule In this Part, the deemed receipt of a person's information share child support payment is,- (a) at the start of the first business day after the transaction date, if MSD makes no determination under clause 15E; or (b) if MSD makes a determination under clause 15E, at the start of the date determined under that clause. 15E Deemed receipt: exception (1) MSD may determine that a person's information share child support payment is, for the purposes of this Part, taken to be received- (a) not at the start of the first business day after the transaction date (under the general rule in clause 15D(a)); but instead (b) at the start of a later date. (2) MSD must consider the day on which the person actually received the payment, and any advantage to the person of the general rule in clause 15D(a) not applying to the person, if, and when, MSD decides- (a) whether to make a determination under this clause; and (b) the terms of a determination made under this clause. Payment charged as income: general rules 15F When income charging starts: general rule In-cycle payment or out-of-cycle payment For a person's in-cycle payment or out-of-cycle payment, income charging starts as set out in item 1 or 2 of the following table: 1 in instalments of 1 week's benefit or other assistance at the start of a standard income-charging period, if deemed receipt falls in that period 2 in instalments of 2 weeks' benefit or other assistance at the start of a standard income-charging period, if deemed receipt falls in week 1 of that period or at the start of the next standard income-charging period, if deemed receipt falls in week 2 of a standard income-charging period 15G When income charging ends: general rule In-cycle payment (1) For a person's in-cycle payment, income charging ends as set out in item 1 or 2 of the following table: 1 in instalments of 1 week's benefit or other assistance at the end of the standard income-charging period immediately before the expected date of the next in-cycle payment 2 in instalments of 2 weeks' benefit or other assistance at the end of the 4 weeks that start on the day on which the payment starts to be charged as the person's income Out-of-cycle payment (2) For a person's out-of-cycle payment, income charging ends as set out in item 1 or 2 of the following table: 1 in instalments of 1 week's benefit or other assistance at the end of the first Sunday before the day that- (a) is in the month after the month of deemed receipt; and (b) corresponds to the day of deemed receipt or at the end of the first day of the second month after the month of deemed receipt, if the month after the month of deemed receipt contains no day that corresponds to the day of deemed receipt 2 in instalments of 2 weeks' benefit or other assistance at the end of the 4 weeks that start on the day on which the payment starts to be charged as the person's income Exceptions 15H Terminal benefit When clause applies to payment (1) This clause applies to the person's information share child support payment (whether an in-cycle payment or an out-of-cycle payment) if- (a) the person has died, and their benefit- (i) is specified in any of paragraphs (a) to (i) of the definition of specified main benefit in section 326(5); and (ii) will end, or has ended, under section 326(2) or (4); and (b) the payment's deemed receipt is after the person's death. Payment is not charged as weekly income (2) The payment is not charged as the person's weekly income. Relationship with clauses 15F and 15G (3) This clause overrides clauses 15F and 15G. 15I Transfer to new benefit paid in different instalments Transfer from weekly-instalment benefit to fortnightly-instalment benefit (1) This clause applies to a person who transfers- (a) from a benefit or other assistance that is payable in instalments of 1 week's benefit or other assistance; and (b) to a benefit or other assistance that is payable in instalments of 2 weeks' benefit or other assistance. Transfer from fortnightly-instalment benefit to weekly-instalment benefit (2) This clause also applies to a person who transfers- (a) from a benefit or other assistance that is payable in instalments of 2 weeks' benefit or other assistance; and (b) to a benefit or other assistance that is payable in instalments of 1 week's benefit or other assistance. MSD may determine that payment is charged as income for other weeks (3) MSD may determine that the person's information share child support payment is charged as the person's weekly income for a period that- (a) MSD identifies; and (b) is after the deemed receipt; and (c) is 3 or more weeks, but not more than 6 weeks; and (d) does not start or end as required by clauses 15F and 15G. (4) In making a determination under this clause, MSD may charge the payment amount as equal or unequal amounts of weekly income. Mandatory relevant consideration (5) MSD must consider how MSD can best charge the payment as weekly income reasonably and conveniently if, and when, MSD decides- (a) whether to make a determination under this clause; and (b) the terms of a determination made under this clause. Relationship with clauses 15F and 15G (6) This clause overrides clauses 15F and 15G. Part 4 Deprivation of income or property 16 Effect of deprivation of income or property (1) This clause applies if MSD is satisfied that- (a) deprivation of 1 or both of the following kinds has occurred: (i) an applicant for a benefit has, directly or indirectly, deprived the applicant of income, property, or both: (ii) the spouse or partner of an applicant for a benefit has, directly or indirectly, deprived the spouse or partner of income, property, or both; and (b) the deprivation results in the applicant's qualifying for that benefit, any other benefit, or an increased rate of benefit. (1A) For the purposes of this clause and of rules under clause 17, deprivation of income, property, or both, by a person who is an applicant for a benefit, or the spouse or partner of that applicant, excludes that person doing all or any of- (a) not applying for a formula assessment of child support payable in respect of a qualifying child under the Child Support Act 1991: (b) electing to end a formula assessment of child support payable in respect of a qualifying child under that Act: (c) choosing not to enter into a voluntary agreement for child support in respect of a qualifying child under that Act (whether or not that voluntary agreement- (i) is a voluntary agreement that, under section 48 of that Act, qualifies for acceptance by the Commissioner of Inland Revenue; and so (ii) is a qualifying voluntary agreement (as defined in section 2(1) of that Act)): (d) making under that Act an election to terminate liability under a qualifying voluntary agreement that, under section 48 of that Act, has been accepted by the Commissioner of Inland Revenue: (e) not making, or making, any other arrangement (for example, one in respect of a qualifying child and that is not a qualifying voluntary agreement (as those terms are defined in section 2(1) of that Act)) that does or may affect whether or what child support is payable in respect of a qualifying child under that Act. (1B) Subclause (1A) does not apply to, and does not limit the application of section 9 (UCB beneficiaries must apply for formula assessment) of the Child Support Act 1991 to,- (a) an applicant for an unsupported child's benefit; or (b) the spouse or partner of that applicant; or (c) a UCB beneficiary; or (d) the spouse or partner of that UCB beneficiary. (2) MSD may refuse to grant a benefit, cancel or reduce a benefit already granted, or grant a benefit at a reduced rate. (3) In this clause and clause 17,- income excludes, for 12 months after the date of the person's receipt of the amount, an amount that- (a) MSD considers is, or might have been, derived by a person from- (i) an impairment lump sum under Schedule 1 of the Accident Compensation Act 2001; or (ii) a lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998; and (b) is paid to, and received by, the person, after (when section 74(2) of the Social Security Act 1964 commenced at) the close of 31 March 2002 property excludes, for 12 months after the date of the person's receipt of the sum or payment, a sum or payment that- (a) was paid to, and received by, a person as- (i) an impairment lump sum under Schedule 1 of the Accident Compensation Act 2001; or (ii) a lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998; and (b) is paid to, and received by, the person, after (when section 74(2) of the Social Security Act 1964 commenced at) the close of 31 March 2002. (4) This clause- (a) overrides any provisions to the contrary in this Act (under clause 2(3)), Part 6 of the Veterans' Support Act 2014, or the New Zealand Superannuation and Retirement Income Act 2001; but (b) is subject to any rules prescribed by rules under clause 17. Compare: 1964 No 136 s 74(1)(d), (2) 17 Rules on how MSD determines deprivation of income or property (1) The Governor-General may, by Order in Council, for the purposes of clause 16 make rules- (a) relating to the deprivation of income, property, or both; and (b) prescribing the circumstances in which the rules apply. (1A) Rules under this clause are subject to clause 16(1A) (under which deprivation of income, property, or both, excludes specified conduct by a person who is an applicant for a benefit, or the spouse or partner of that applicant). (2) Rules under this clause are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements). Compare: 1964 No 136 s 132I Legislation Act 2019 requirements for secondary legislation made under this clause Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114, Sch 1 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116 This note is not part of the Act. Part 5 Effect on liabilities of insurance payments 18 How accommodation costs affected by debt insurance payment in relation to mortgage security (1) This clause applies to a person if a debt insurance payment in relation to a mortgage security is made to the person, or to some other person- (a) on the person's behalf; or (b) for the person's benefit. (2) For the purposes of the definition in section 65AAA of accommodation costs, the payments required to be made by that person under that mortgage security are taken to be reduced by the amount of the debt insurance payment. Compare: 1964 No 136 s 68A(1) 19 How expenses for disability allowance may be affected by health or disability insurance payment (1) This clause applies to a person if a health or disability insurance payment is made to the person, or to some other person- (a) on the person's behalf; or (b) for the person's benefit; or (c) on behalf of a member of the person's family; or (d) for the benefit of a member of the person's family. (2) For the purposes of subpart 14 of Part 2 (disability allowance), any additional expenses of the person arising from the person's disability, or expenses arising from the hospitalisation of the person's spouse or partner, as the case may be, are taken to be reduced to the extent, if any, MSD considers appropriate. (3) MSD must, in determining the extent of any reduction, have regard to the nature of the payment and those additional expenses or expenses. Compare: 1964 No 136 s 68A(3) 20 How commitments for temporary additional support may be affected by debt, or health or disability, insurance payment (1) This clause applies to a person if a debt insurance payment, or a health or disability insurance payment, is made to the person, or to some other person- (a) on the person's behalf; or (b) for the person's benefit; or (c) on behalf of a member of the person's family; or (d) for the benefit of a member of the person's family. (2) For the purposes only of temporary additional support, the person's commitments are taken to be reduced to the extent, if any, MSD considers appropriate. (3) MSD must, in determining the extent of any reduction, have regard to the nature of the payment and of those commitments. (4) In this clause, temporary additional support means either or both of the following: (a) temporary additional support under subpart 16 of Part 2: (b) 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 Schedule 1 of this Act). Compare: 1964 No 136 s 68A(2) 21 How costs, etc, for approved programme of special assistance may be affected by debt, or health or disability, insurance payment (1) This clause applies to a person if a debt insurance payment, or a health or disability insurance payment, is made to the person, or to some other person- (a) on the person's behalf; or (b) for the person's benefit; or (c) on behalf of a member of the person's family; or (d) for the benefit of a member of the person's family. (2) For the purposes of any approved special assistance programme under section 101, the costs, expenses, and commitments of the person are taken to be reduced to the extent, if any, MSD considers appropriate having regard to the nature of the payment and those costs, expenses, and commitments. Compare: 1964 No 136 s 68A(4) Schedule 3 Income and liabilities ss 2, 65, 85, 96, 101, 418, 422, Schedules 1, 2 Contents Part 1 Guide to, and ranking of, provisions 1 What this schedule does 2 Ranking of provisions in and outside this schedule Part 2 Income 3 General definition of income 4 Income includes periodical payments, etc, for income-related purposes 5 Income includes specified insurance payments 6 Income includes specified other payments related to work ending 7 Income includes value of goods, etc, supplied on regular basis 7A Overview of how child support may be income 8 Income excludes specified benefits, payments, interests acquired, etc 8A Exception to exclusion in clause 8(a): income includes COVID-19 income relief payment [Repealed] 9 Income excludes amounts, etc, declared not to be income 10 Considerations for whether income-related insurance payment or income-related purpose Part 3 General provisions on calculation of income 11 Interpretation 12 How annual income is calculated 13 How weekly income is calculated: general 14 Adjustments for likely reductions or increases 15 Rules on how MSD determines income of people engaged in business or trade Part 3A Special provisions on calculation of weekly income that is information share child support payment How payment is charged as weekly income 15A How payment is charged as weekly income 15B Effect of non-payment of benefit or other assistance Definitions 15C Interpretation Receipt 15D Deemed receipt: general rule 15E Deemed receipt: exception Payment charged as income: general rules 15F When income charging starts: general rule 15G When income charging ends: general rule Exceptions 15H Terminal benefit 15I Transfer to new benefit paid in different instalments Part 4 Deprivation of income or property 16 Effect of deprivation of income or property 17 Rules on how MSD determines deprivation of income or property Part 5 Effect on liabilities of insurance payments 18 How accommodation costs affected by debt insurance payment in relation to mortgage security 19 How expenses for disability allowance may be affected by health or disability insurance payment 20 How commitments for temporary additional support may be affected by debt, or health or disability, insurance payment 21 How costs, etc, for approved programme of special assistance may be affected by debt, or health or disability, insurance payment Part 1 Guide to, and ranking of, provisions 1 What this schedule does This schedule contains provisions on the following matters: (a) the ranking of income provisions in and outside this schedule: (b) what, for the purposes of this Act, is income (including an overview of how child support may be income for the purposes of this Act): (c) general provisions on how income is calculated: (ca) special provisions on how weekly income is calculated if that income is information share child support payments: (d) what may happen if an applicant for a benefit deprives the applicant of income, property, or both: (e) how insurance payments to or for a person affect liabilities for the purposes of various benefits. 2 Ranking of provisions in and outside this schedule (1) Clause 3 is overridden by clauses 4 to 10. (2) Clauses 4 to 10 are overridden by any contrary provisions in this Act (for example, by regulations made under section 424(2)(d), and by clause 16(3)). (3) Regulations made (under section 422) for the purposes of clause 9 override any contrary provisions in this Act. Compare: 1964 No 136 ss 3(1), definition of income, 68, 74(1)(d), (2) Part 2 Income 3 General definition of income Income, of a person, means the money value (before income tax) of a thing that- (a) is money received, or an interest acquired, by the person; and (b) is not an interest in capital received or acquired by the person. Compare: 1964 No 136 s 3(1), definition of income, paragraph (a) 4 Income includes periodical payments, etc, for income-related purposes (1) A person's income includes any periodical payments made to the person, and the value of any credits or services provided periodically to the person,- (a) from any source for income-related purposes; and (b) used by the person for income-related purposes. (2) Subclause (1) applies- (a) whether or not the payments, credits, or services are capital; and (b) to the payments, credits, or services as calculated before the deduction (if applicable) of income tax. (3) The contrary provisions that (under clause 2(2)) override this clause include clause 10 (which requires MSD to have regard to specified matters in considering, in respect of a person, whether a payment, credit, or service is for an income-related purpose). Compare: 1964 No 136 s 3(1), definition of income, paragraph (b), and definition of income-related purpose 5 Income includes specified insurance payments (1) A person's income includes the following payments made to the person: (a) any periodical income-related insurance payments: (b) any lump sum income-related insurance payment- (i) made in respect of the occurrence of a contingency; and (ii) made within a period of 10 weeks from that occurrence; and (iii) to the extent only that it replaces income lost by the person because of that occurrence. (2) Subclause (1) also applies to a payment referred to in subclause (1)(a) or (b) that the person would have been entitled to receive- (a) under an accident insurance contract as defined in section 13 of the Accident Insurance Act 1998; and (b) but for the existence of a risk sharing agreement referred to in section 185 of the Accident Insurance Act 1998 (as it read immediately before its repeal by section 7 of the Accident Insurance Amendment Act 2000). (3) Subclause (1) applies- (a) whether or not the payments are capital; and (b) to the payments as calculated before the deduction (if applicable) of income tax. (4) The contrary provisions that (under clause 2(2)) override this clause include- (a) section 198 (loss of earnings compensation under Accident Compensation Act 2001); and (b) clause 10 (which requires MSD to have regard to specified matters in considering, in respect of a person, whether a payment, credit, or service is an income-related insurance payment). Compare: 1964 No 136 s 3(1), definition of income, paragraph (c) 6 Income includes specified other payments related to work ending A person's income includes the following payments made to the person: (a) any payment relating to a situation involving a seasonal layoff: (b) any payment contingent on the completion of either a fixed-term engagement or an engagement to complete work specified in a contract: (c) any payment in lieu of notice terminating employment: (d) any payment (including holiday pay) that, if it had not been made in relation to termination of employment, would, in MSD's opinion, have been paid so as to constitute monetary remuneration of the employee: (e) any parental leave payments paid under Part 7A of the Parental Leave and Employment Protection Act 1987: (f) any payment in relation to termination of employment made by a company pursuant to its constitution to any of its directors. Compare: 1964 No 136 s 3(1), definition of income, paragraph (d) 7 Income includes value of goods, etc, supplied on regular basis (1) A person's income includes the value of any goods, services, transport, or accommodation supplied on a regular basis to the person by any other person. (2) Subclause (1) applies to the value of the goods, services, transport, or accommodation as calculated before the deduction (if applicable) of income tax. Compare: 1964 No 136 s 3(1), definition of income, paragraph (e) 7A Overview of how child support may be income Interests acquired (1) Under clause 8(m), child support that is an interest acquired by a person (rather than money received by (a payment made to) a person) is not income of the person. Examples are- (a) an interest acquired that is an offset child support payment; or (b) an interest acquired by way of any child support debt recovery by reduced further payments of child support. Deductions (2) Under clause 8(n), child support that is a child support deduction for a receiving carer who is a UCB beneficiary is not income of that person. Money received (payments) (3) Child support that is money received by a person is income of the person for the purposes of this Act unless it is- Court-ordered lump sums MSD determines are capital are not income (a) a payment that is ordered by the Family Court under section 109 of the Child Support Act 1991 (orders for provision of child support in form of lump sum) and that MSD determines, under clause 3(b) of this schedule, is an interest in capital received or acquired by the person; or Child support excess payments are not income (b) a child support excess payment (which includes, without limitation, a mixed child support payment) that, under clause 8(na), is not income of the person; or Payments covered by income exemption regulations are not income (c) a payment that, under clause 9 and income exemption regulations made under section 422, is not income of the person. (4) A child support payment is 1 of the following (as defined in Schedule 2)- (a) an information share child support payment; or (b) a general provisions child support payment. How information share child support payments are charged as income (5) An information share child support payment that is income is subject to- (a) general annual income provisions in Part 3 of this schedule (see clauses 12 and 14 (how annual income is calculated)); and (b) special weekly income provisions in Part 3A of this schedule. How general provisions child support payments are charged as income (6) A general provisions child support payment that is income is subject to- (a) general annual income provisions in Part 3 of this schedule (see clauses 12 and 14 (how annual income is calculated)); and (b) general weekly income provisions in Part 3 of this schedule (see clauses 13 and 14 (how weekly income is calculated)). Special provisions about cash assets or income for particular purposes (7) This overview is about income for the purposes of the Act, and so does not affect special provisions about cash assets or income for particular purposes, for example,- (a) accommodation supplement (see regulations made under section 423): (b) childcare assistance (see regulations made under section 424): (c) temporary additional support (see regulations made under section 428): (d) a benefit's stand-down period (see regulations made under section 440). 8 Income excludes specified benefits, payments, interests acquired, etc (1) A person's income excludes the following amounts or payments: (a) any benefit, grant, allowance, or concession received by the person under this Act, Part 6 of the Veterans' Support Act 2014, or Part 1 of the New Zealand Superannuation and Retirement Income Act 2001: (b) any pension or allowance (other than weekly income compensation or weekly compensation) under the Veterans' Support Act 2014 received by any person because of the person's own disablement: (c) any surviving spouse or partner pension received by the person under section 66 of the Veterans' Support Act 2014: (d) any, or any part of any, pension or other periodical allowance received by any person from the Government of any Commonwealth country (other than New Zealand) that MSD determines is analogous to a pension or allowance specified in paragraph (b) or (c): (e) the value of any assistance of a kind approved by MSD provided to the person as a person with a health condition, injury, or disability to obtain or remain in employment: (f) any money received by the person by way of funeral benefit from any friendly society: (g) a participation allowance received by the person: (h) any money paid in respect of any military decoration and received by the person as a recipient of that decoration: (i) any money received by the person by way of an independence allowance under section 54 of the Accident Rehabilitation and Compensation Insurance Act 1992 or Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998, or any impairment lump sum received under Schedule 1 of the Accident Compensation Act 2001: (j) any money received by the person under the Oranga Tamariki Act 1989 in respect of the care of a child or young person (as those terms are defined in that Act), including financial assistance received by a young person (including a young adult), a caregiver, or other person under section 386AAG or 386B of that Act: (k) any income-related rent (within the meaning of the Public and Community Housing Management Act 1992): (l) any tax credit or amount received by the person under- (i) subparts MA to MG and MZ of the Income Tax Act 2007; or (ii) subpart KD of the Income Tax Act 2004; or (iii) subpart KD of the Income Tax Act 1994; or (iv) Part 11A of the Income Tax Act 1976: (m) child support that is an interest acquired by the person, for example,- (i) an interest acquired that is an offset child support payment; or (ii) an interest acquired by way of child support debt recovery by reduced further payments of child support: (n) a child support deduction for a receiving carer who is a UCB beneficiary: (na) a child support excess payment (which includes, without limitation, a mixed child support payment): (o) any amount of output tax charged in respect of a supply of goods and services made by that person: (p) any amount of goods and services tax payable by the Commissioner of Inland Revenue to that person: (q) if the person is an applicable person (as defined in section 2(1) of the Public and Community Housing Management Act 1992) in relation to any social housing,- (i) 38% of the value of any goods or services provided or paid for- (A) by an additional resident; and (B) for any 1 or more of the reasons set out in paragraphs (a) to (c) of the definition of contributions in section 2(1) of the Public and Community Housing Management Act 1992: (ii) 38% of any payment made to the person- (A) by an additional resident; and (B) for any 1 or more of the reasons set out in paragraphs (a) to (c) of the definition of contributions in section 2(1) of the Public and Community Housing Management Act 1992: (r) 38% of any amount that- (i) is received by the person from a boarder (as defined in section 65AAA) for board and lodgings at the premises at which the person resides; and (ii) is not derived by the person from a business carried on by the person. (2) In addition, the income of a person who has accommodation income for a period excludes the person's accommodation income for the period to the extent that it does not exceed,- (a) if the person resides at any social housing and is not an additional resident in relation to that housing, the market rent for that housing for the period; or (b) in any other case, the amount calculated in accordance with the following formula: a × (1 − ((b + c + d) ÷ e)) where- a is the person's accommodation costs for the period b is,- (i) if the person does not use any separately identifiable part of the premises at which they reside primarily for business purposes during the period, zero; or (ii) if paragraph (i) does not apply, the sum of the areas of each separately identifiable part of the premises at which the person resides that the person uses primarily for business purposes during the period c is,- (i) if, during the period, the person does not let any self-contained part of the premises at which they reside to another person or other persons who reside at those premises, zero; or (ii) if paragraph (i) does not apply, the sum of the areas of each self-contained part of the premises at which the person resides that, during the period, the person lets to another person or other persons who reside at those premises d is,- (i) if, during the period, the person does not let any separately identifiable part of the premises at which they reside to another person or other persons who do not reside at those premises, zero; or (ii) if paragraph (i) does not apply, the sum of the areas of each separately identifiable part of the premises at which the person resides that, during the period, the person lets to another person or other persons who do not reside at those premises e is the total area of the premises at which the person resides. (3) In this clause,- accommodation costs has the meaning given to it by section 65AAA accommodation income has the meaning given to it by clause 7 of Part 7 of Schedule 4 agency has the same meaning as in section 2(1) of the Public and Community Housing Management Act 1992 Kāinga Ora housing has the same meaning as in section 2(1) of the Public and Community Housing Management Act 1992 market rent,- (a) for Kāinga Ora housing and for a period, means the rent notified to the agency by Kāinga Ora-Homes and Communities- (i) as being the market rent for that housing; and (ii) most recently before the agency last calculated or reviewed an income-related rent for a tenant of that housing before the start of the period: (b) for housing provided by a registered community housing provider and for a period, means the rent notified to the agency by the provider- (i) as being the market rent for that housing; and (ii) most recently before the agency last calculated or reviewed an income-related rent for a tenant of that housing before the start of the period tenant has the same meaning as in section 2(1) of the Public and Community Housing Management Act 1992. Compare: 1964 No 136 s 3(1), definition of income, paragraph (f)(i) to (xi), (xiii), (xvi), (xviii) 8A Exception to exclusion in clause 8(a): income includes COVID-19 income relief payment 9 Income excludes amounts, etc, declared not to be income A person's income excludes any amount, item, payment, or income from a specified source, declared by regulations made under section 422 not to be income. Compare: 1964 No 136 ss 3(1), definition of income, paragraph (f)(xii), (xiv), (xv), (xvii), 3(3), 66, 66A, 66B, 68, Schedule 10 10 Considerations for whether income-related insurance payment or income-related purpose In considering, in respect of a person, whether a payment, credit, or service is an income-related insurance payment or (as the case may be) is for an income-related purpose, MSD must have regard to the following matters: (a) the nature of the contingency in respect of which the payment, credit, or service was made, provided, or used: (b) the nature of the payment, credit, or service: (c) the manner in which, and the occasions on which, the payment, credit, or service is made, provided, or used: (d) the manner in which the right to or eligibility for the payment, credit, or service is expressed in any contract of insurance or in any other document: (e) whether the payment, credit, or service is required to be made or provided to any other person and, if so, the relationship between the persons: (f) whether the person has assigned the person's right to receive the payment, credit, or service: (g) any other matters that MSD considers, in the circumstances of the particular case, to be relevant. Compare: 1964 No 136 s 3(1), definition of income, paragraphs (b) and (f)(xiv)(C), definition of income-related insurance payment, s 3(4) Part 3 General provisions on calculation of income 11 Interpretation In clauses 12 to 14,- appropriate number of weeks means a number that- (a) must not exceed 52; and (b) is specified, for the benefit concerned, in regulations made under section 418(1)(o) specified provision means any provision that is all or a part of any legislation that the responsible department administers (alone or jointly with other departments) by doing either or both of the following: (a) leading advice to the Minister on its policy and effect, and on any proposed amendments to it: (b) exercising or performing powers, duties, or functions under it Example Specified provision A provision in, or made under, any of the following: this Act (for example, a schedule of this Act): the New Zealand Superannuation and Retirement Income Act 2001: Part 6 of the Veterans' Support Act 2014 Compare: 1964 No 136 s 64(1), (2), (2A) 12 How annual income is calculated (1) A person's annual income, for the rate of benefit, or as referred to in a specified provision, is (unless the context otherwise requires) the person's estimated income for the 52 weeks commencing on the date on which the benefit (if granted, or regranted) will commence. (2) The estimated annual income for the 52 weeks specified in subclause (1) is an amount equal to the income received by the person for the 52 weeks ending on the day preceding the date on which the benefit, if granted or regranted, will commence as MSD determines. (3) The income received by the person for the 52 weeks specified in subclause (2) is or includes any information share child support payment that is charged as weekly income of the person under Part 3A of this schedule for all or any of those weeks. Compare: 1964 No 136 s 64(1), (2) 13 How weekly income is calculated: general How weekly income is calculated (1) A person's weekly income, for the rate of benefit, or as referred to in a specified provision, is (unless the context otherwise requires) the person's weekly income calculated by dividing the person's total income over the appropriate number of weeks by that number of weeks. Periods to which income (other than annual holiday pay income) relates (1A) MSD must, in calculating a person's weekly income under subclause (1), determine the period or periods to which any income (other than annual holiday pay income) relates based only on- (a) the extent to which it was earned in that period or those periods; or (b) the extent to which any other entitlement to it arose in, or in respect of, that period or those periods. Example Period based only on when entitlement to income arose A person (P) receives income that is a lump sum of weekly loss of earnings compensation (as defined in section 198(3)). P's entitlement to the compensation arose in, or in respect of, a period some or all of which is earlier than the following times: the time at which P established the claim for the compensation: the time at which P received the compensation. MSD must determine the period or periods to which the income relates based only on the extent to which P's entitlement to it arose in, or in respect of, that period or those periods. (2) If MSD cannot determine the period or periods to which any income relates under subclause (1A), MSD may, in calculating a person's weekly income under subclause (1), determine the period or periods to which any income relates having regard to the period or periods for which it was otherwise received, acquired, paid, provided, or supplied. (3) MSD's determination under subclause (1A) or (2) is not limited to, or by, the exact time or times of the relevant earning, entitlement, receipt, acquisition, payment, provision, or supply referred to in that subclause. Periods to which annual holiday pay income relates (3A) MSD must, in calculating a person's weekly income under subclause (1), determine the period or periods to which annual holiday pay income relates based only on the extent to which, in that period or those periods, the person does, or is treated as having done, any of the 3 things set out in subclause (3B), (3C), or (3D). (3B) The first thing is that the person takes the annual holidays concerned during their employment (regardless of whether and, if so, when the person is paid, and receives, the annual holiday pay income). (3C) The second thing is that the person receives the annual holiday pay income, if- (a) the person does not take the annual holidays concerned during their employment; and (b) the annual holiday pay income is paid to and received by the person before the time that their employment ends; and (c) the annual holiday pay income is not paid to and received by the person in relation to termination of their employment. (3D) The third thing is that the person is under paragraph (c) of this subclause treated as having taken the annual holidays concerned, if- (a) the person does not take the annual holidays concerned during their employment; and (b) the annual holiday pay income is paid to and received by the person- (i) after the time that their employment ends; or (ii) before or at the time that their employment ends and in relation to termination of their employment; and therefore (c) this paragraph requires the person to be treated for the purposes only of subclause (3A) as if they had taken the annual holidays concerned starting on the first week day after their employment ends. (3E) In subclause (3D)(c), a week day means a day- (a) that is a day of the week other than a Saturday or a Sunday; and (b) whether or not a public holiday falls on that day. This clause does not apply to information share child support payments (4) Nothing in this clause applies to any information share child support payment (see Part 3A of this schedule). Compare: 1964 No 136 s 64(2A), (2B) 14 Adjustments for likely reductions or increases The estimated income for the period for which the calculation under clause 12(1) or 13(1) is made is the income as calculated under clause 12(1) or 13(1), but adjusted for all (if any) of the following deductions and additions: (a) MSD may deduct any items by which MSD is satisfied that income as so calculated is likely to be reduced: (b) MSD may add any items by which MSD is satisfied that income as so calculated is likely to be increased. Compare: 1964 No 136 s 64(3) 15 Rules on how MSD determines income of people engaged in business or trade (1) The Governor-General may, by Order in Council, make rules- (a) prescribing how MSD is to assess and determine for the purposes of this Act the income of all or any of the following: (i) self-employed people: (ii) people carrying on business in a partnership: (iii) people trading as a small business: (iv) directors of a company: (v) people carrying on business or trade through a company of which they are- (A) a director and a shareholder; or (B) an employee and a shareholder; or (C) a director, a shareholder, and an employee: (vi) people otherwise engaged in business or trade; and (b) prescribing the circumstances in which those rules apply. (1A) However, neither subclause (1) nor rules made under subclause (1) apply to any information share child support payment (see Part 3A of this schedule). (2) Rules made under subclause (1) may prescribe for the purposes of this Act all or any of the following: (a) the kinds of deduction from income allowed under the Income Tax Act 2007 that are to be disregarded in determining income, and- (i) the circumstances in which the deductions are to be disregarded; and (ii) whether the deductions are to be disregarded wholly or in part only: (b) how income is to be calculated if business accounts are presented in cash or accrual form: (c) livestock valuation methods, and their treatment, in calculating income: (d) the extent (if any) to which, and circumstances in which, all or any of the following are to be treated as a person's income: (i) the person's drawings from a business or trade: (ii) goods or services supplied to the person by a business or trade: (iii) distributions to the person from a business or trade: (iv) income from a business or trade by the person: (e) how it is to be determined whether a person has used assets of a business or trade for no consideration or inadequate consideration: (f) how a person's income is to be determined if the person has used assets of a business or trade for no consideration or inadequate consideration: (g) the extent (if any) to which depreciation or other provision for replacement of capital assets is to be- (i) allowed as a deduction from income; or (ii) disregarded in calculating income: (h) the extent (if any) to which, and circumstances in which, either or both of the following are to be treated as income: (i) distributions from a company: (ii) retained profits of a company: (i) the treatment of look-through companies (within the meaning of the Income Tax Act 2007). (3) Subclause (2)(d) applies to businesses and trades however they are carried on. (4) Subclause (3) does not limit subclause (1). (5) Rules made under subclause (1), if those rules reduce the income of people, have effect in respect of any income specified in the rules on and after a date that is- (a) specified in the rules; and (b) earlier than, the same as, or later than, the date on which the rules are made. (6) Rules under this clause are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements). Compare: 1964 No 136 s 132H Legislation Act 2019 requirements for secondary legislation made under this clause Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114, Sch 1 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116 This note is not part of the Act. Part 3A Special provisions on calculation of weekly income that is information share child support payment How payment is charged as weekly income 15A How payment is charged as weekly income What this Part does (1) This Part sets out how a person's information share child support payment is all or any of their weekly income- (a) for the rate of benefit; or (b) for a specified provision (as defined in clause 15C). Key steps in charging payment as weekly income (2) The key steps in charging the payment as weekly income are as follows: (a) the payment is taken to be received at deemed receipt: (b) deemed receipt is used to identify when income charging starts and ends: (c) the payment amount is divided by the number of weeks the payment is charged to produce equal amounts of weekly income for each of those weeks. Exceptions (3) Under the exception in clause 15H (terminal benefit), which applies when the person has died, and their benefit will end, or has ended, under section 326(2) or (4), the payment is not charged as the person's weekly income. (4) Under the exception in clause 15I (transfer to new benefit paid in different instalments), MSD may charge the payment amount- (a) as income for other weeks; and (b) as equal or unequal amounts of weekly income for each of those other weeks. 15B Effect of non-payment of benefit or other assistance Part applies even if benefit or other assistance not payable (1) This Part applies to a person and an income-charging period even if the person's benefit or other assistance under this Act is not payable at all or any of the following times: (a) at or after the time of disclosure to MSD of a payment that could be charged as income in the period: (b) at the start or end of, or at any other time or times in, the period. Examples of benefit or other assistance not payable The person's benefit or other assistance under this Act- is not payable at the start of the period; but is payable again later in the period. The person's benefit or other assistance under this Act- is payable at the start of the period; but is not payable, then is payable again, later in the period. (2) Subclause (1) applies whether or not the person's benefit or other assistance under this Act changes at the start or end of, or at any other time or times in, the period. (3) But subclause (1)(a) does not apply (despite subclause (4)) to a person's benefit or other assistance under this Act that is not payable because it has been cancelled. Meaning of not payable (4) For the purposes of subclause (1), a person's benefit or other assistance under this Act is not payable (subject to subclause (3)) if all or any of the following apply: (a) the benefit or other assistance under this Act is, in connection with a review under section 304 or 310A or otherwise, suspended, or otherwise not payable, in connection with decisions MSD has made, or is to make, about whether the person is, or remains, entitled to- (i) the benefit or other assistance under this Act; or (ii) the rate of benefit or other assistance under this Act that was paid to the person: (b) the person is subject to legislation in or made under this Act that provides for the suspension, or other non-payment, in certain circumstances, of that person's benefit or other assistance under this Act. Legislation providing for suspension or other non-payment (5) The legislation mentioned in subclause (4)(b) includes, without limitation,- (a) section 213 (immediate suspension of benefit at request of New Zealand Police): (b) section 219 (general rule: benefit not payable while beneficiary absent from New Zealand): (c) section 237 (sanction for second failure: suspension of main benefit): (d) section 270 (sanction for first or second failure: suspension of in-hand allowance and incentive payments): (e) section 280 (sanction for first or second failure: suspension of in-hand allowance and incentive payments): (f) sections 331 to 336 (expiry and regrant of specified benefits): (g) regulations made under section 436 (regulations: factors affecting benefits: absence from New Zealand): (h) regulations made under section 441(1) (regulations: expiry and regrant of benefits). Definitions 15C Interpretation In this Part,- business day, for an information share child support payment, means a day of the week other than- (a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and (b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and (c) Christmas Day, Boxing Day, New Year's Day, and 2 January; and (d) if Christmas Day or 1 January falls on a Friday, the following Monday; and (e) if Christmas Day or 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday expected date of the next in-cycle payment, for an in-cycle payment made on the second business day after the 19th day of a month, means the third business day after the 19th day of the next month in-cycle payment means an information share child support payment that is made- (a) by the Commissioner of Inland Revenue to the receiving carer; and (b) on the second business day after the 19th day of a month out-of-cycle payment means an information share child support payment that is not an in-cycle payment specified provision has the same meaning as in clause 11 of this schedule standard income-charging period means,- (a) if the relevant benefit or other assistance is paid in instalments of 1 week's benefit or other assistance, a period that- (i) starts on a Monday; and (ii) ends at the close of the first Sunday after that Monday; and (b) if the relevant benefit or other assistance is paid in instalments of 2 weeks' benefit or other assistance, a period that- (i) starts on a Wednesday; and (ii) ends at the close of the second Tuesday after that Wednesday transaction date, for an information share child support payment to a person, means the date of the business day on which a bank is to make the payment to the person by direct credit to a bank account nominated by the person under section 148 of the Child Support Act 1991, as the date of that business day is- (a) stated in the Commissioner of Inland Revenue's instructions to the bank; and (b) disclosed to MSD under the specified approved information sharing agreement. Receipt 15D Deemed receipt: general rule In this Part, the deemed receipt of a person's information share child support payment is,- (a) at the start of the first business day after the transaction date, if MSD makes no determination under clause 15E; or (b) if MSD makes a determination under clause 15E, at the start of the date determined under that clause. 15E Deemed receipt: exception (1) MSD may determine that a person's information share child support payment is, for the purposes of this Part, taken to be received- (a) not at the start of the first business day after the transaction date (under the general rule in clause 15D(a)); but instead (b) at the start of a later date. (2) MSD must consider the day on which the person actually received the payment, and any advantage to the person of the general rule in clause 15D(a) not applying to the person, if, and when, MSD decides- (a) whether to make a determination under this clause; and (b) the terms of a determination made under this clause. Payment charged as income: general rules 15F When income charging starts: general rule In-cycle payment or out-of-cycle payment For a person's in-cycle payment or out-of-cycle payment, income charging starts as set out in item 1 or 2 of the following table: 1 in instalments of 1 week's benefit or other assistance at the start of a standard income-charging period, if deemed receipt falls in that period 2 in instalments of 2 weeks' benefit or other assistance at the start of a standard income-charging period, if deemed receipt falls in week 1 of that period or at the start of the next standard income-charging period, if deemed receipt falls in week 2 of a standard income-charging period 15G When income charging ends: general rule In-cycle payment (1) For a person's in-cycle payment, income charging ends as set out in item 1 or 2 of the following table: 1 in instalments of 1 week's benefit or other assistance at the end of the standard income-charging period immediately before the expected date of the next in-cycle payment 2 in instalments of 2 weeks' benefit or other assistance at the end of the 4 weeks that start on the day on which the payment starts to be charged as the person's income Out-of-cycle payment (2) For a person's out-of-cycle payment, income charging ends as set out in item 1 or 2 of the following table: 1 in instalments of 1 week's benefit or other assistance at the end of the first Sunday before the day that- (a) is in the month after the month of deemed receipt; and (b) corresponds to the day of deemed receipt or at the end of the first day of the second month after the month of deemed receipt, if the month after the month of deemed receipt contains no day that corresponds to the day of deemed receipt 2 in instalments of 2 weeks' benefit or other assistance at the end of the 4 weeks that start on the day on which the payment starts to be charged as the person's income Exceptions 15H Terminal benefit When clause applies to payment (1) This clause applies to the person's information share child support payment (whether an in-cycle payment or an out-of-cycle payment) if- (a) the person has died, and their benefit- (i) is specified in any of paragraphs (a) to (i) of the definition of specified main benefit in section 326(5); and (ii) will end, or has ended, under section 326(2) or (4); and (b) the payment's deemed receipt is after the person's death. Payment is not charged as weekly income (2) The payment is not charged as the person's weekly income. Relationship with clauses 15F and 15G (3) This clause overrides clauses 15F and 15G. 15I Transfer to new benefit paid in different instalments Transfer from weekly-instalment benefit to fortnightly-instalment benefit (1) This clause applies to a person who transfers- (a) from a benefit or other assistance that is payable in instalments of 1 week's benefit or other assistance; and (b) to a benefit or other assistance that is payable in instalments of 2 weeks' benefit or other assistance. Transfer from fortnightly-instalment benefit to weekly-instalment benefit (2) This clause also applies to a person who transfers- (a) from a benefit or other assistance that is payable in instalments of 2 weeks' benefit or other assistance; and (b) to a benefit or other assistance that is payable in instalments of 1 week's benefit or other assistance. MSD may determine that payment is charged as income for other weeks (3) MSD may determine that the person's information share child support payment is charged as the person's weekly income for a period that- (a) MSD identifies; and (b) is after the deemed receipt; and (c) is 3 or more weeks, but not more than 6 weeks; and (d) does not start or end as required by clauses 15F and 15G. (4) In making a determination under this clause, MSD may charge the payment amount as equal or unequal amounts of weekly income. Mandatory relevant consideration (5) MSD must consider how MSD can best charge the payment as weekly income reasonably and conveniently if, and when, MSD decides- (a) whether to make a determination under this clause; and (b) the terms of a determination made under this clause. Relationship with clauses 15F and 15G (6) This clause overrides clauses 15F and 15G. Part 4 Deprivation of income or property 16 Effect of deprivation of income or property (1) This clause applies if MSD is satisfied that- (a) deprivation of 1 or both of the following kinds has occurred: (i) an applicant for a benefit has, directly or indirectly, deprived the applicant of income, property, or both: (ii) the spouse or partner of an applicant for a benefit has, directly or indirectly, deprived the spouse or partner of income, property, or both; and (b) the deprivation results in the applicant's qualifying for that benefit, any other benefit, or an increased rate of benefit. (1A) For the purposes of this clause and of rules under clause 17, deprivation of income, property, or both, by a person who is an applicant for a benefit, or the spouse or partner of that applicant, excludes that person doing all or any of- (a) not applying for a formula assessment of child support payable in respect of a qualifying child under the Child Support Act 1991: (b) electing to end a formula assessment of child support payable in respect of a qualifying child under that Act: (c) choosing not to enter into a voluntary agreement for child support in respect of a qualifying child under that Act (whether or not that voluntary agreement- (i) is a voluntary agreement that, under section 48 of that Act, qualifies for acceptance by the Commissioner of Inland Revenue; and so (ii) is a qualifying voluntary agreement (as defined in section 2(1) of that Act)): (d) making under that Act an election to terminate liability under a qualifying voluntary agreement that, under section 48 of that Act, has been accepted by the Commissioner of Inland Revenue: (e) not making, or making, any other arrangement (for example, one in respect of a qualifying child and that is not a qualifying voluntary agreement (as those terms are defined in section 2(1) of that Act)) that does or may affect whether or what child support is payable in respect of a qualifying child under that Act. (1B) Subclause (1A) does not apply to, and does not limit the application of section 9 (UCB beneficiaries must apply for formula assessment) of the Child Support Act 1991 to,- (a) an applicant for an unsupported child's benefit; or (b) the spouse or partner of that applicant; or (c) a UCB beneficiary; or (d) the spouse or partner of that UCB beneficiary. (2) MSD may refuse to grant a benefit, cancel or reduce a benefit already granted, or grant a benefit at a reduced rate. (3) In this clause and clause 17,- income excludes, for 12 months after the date of the person's receipt of the amount, an amount that- (a) MSD considers is, or might have been, derived by a person from- (i) an impairment lump sum under Schedule 1 of the Accident Compensation Act 2001; or (ii) a lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998; and (b) is paid to, and received by, the person, after (when section 74(2) of the Social Security Act 1964 commenced at) the close of 31 March 2002 property excludes, for 12 months after the date of the person's receipt of the sum or payment, a sum or payment that- (a) was paid to, and received by, a person as- (i) an impairment lump sum under Schedule 1 of the Accident Compensation Act 2001; or (ii) a lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998; and (b) is paid to, and received by, the person, after (when section 74(2) of the Social Security Act 1964 commenced at) the close of 31 March 2002. (4) This clause- (a) overrides any provisions to the contrary in this Act (under clause 2(3)), Part 6 of the Veterans' Support Act 2014, or the New Zealand Superannuation and Retirement Income Act 2001; but (b) is subject to any rules prescribed by rules under clause 17. Compare: 1964 No 136 s 74(1)(d), (2) 17 Rules on how MSD determines deprivation of income or property (1) The Governor-General may, by Order in Council, for the purposes of clause 16 make rules- (a) relating to the deprivation of income, property, or both; and (b) prescribing the circumstances in which the rules apply. (1A) Rules under this clause are subject to clause 16(1A) (under which deprivation of income, property, or both, excludes specified conduct by a person who is an applicant for a benefit, or the spouse or partner of that applicant). (2) Rules under this clause are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements). Compare: 1964 No 136 s 132I Legislation Act 2019 requirements for secondary legislation made under this clause Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114, Sch 1 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116 This note is not part of the Act. Part 5 Effect on liabilities of insurance payments 18 How accommodation costs affected by debt insurance payment in relation to mortgage security (1) This clause applies to a person if a debt insurance payment in relation to a mortgage security is made to the person, or to some other person- (a) on the person's behalf; or (b) for the person's benefit. (2) For the purposes of the definition in section 65AAA of accommodation costs, the payments required to be made by that person under that mortgage security are taken to be reduced by the amount of the debt insurance payment. Compare: 1964 No 136 s 68A(1) 19 How expenses for disability allowance may be affected by health or disability insurance payment (1) This clause applies to a person if a health or disability insurance payment is made to the person, or to some other person- (a) on the person's behalf; or (b) for the person's benefit; or (c) on behalf of a member of the person's family; or (d) for the benefit of a member of the person's family. (2) For the purposes of subpart 14 of Part 2 (disability allowance), any additional expenses of the person arising from the person's disability, or expenses arising from the hospitalisation of the person's spouse or partner, as the case may be, are taken to be reduced to the extent, if any, MSD considers appropriate. (3) MSD must, in determining the extent of any reduction, have regard to the nature of the payment and those additional expenses or expenses. Compare: 1964 No 136 s 68A(3) 20 How commitments for temporary additional support may be affected by debt, or health or disability, insurance payment (1) This clause applies to a person if a debt insurance payment, or a health or disability insurance payment, is made to the person, or to some other person- (a) on the person's behalf; or (b) for the person's benefit; or (c) on behalf of a member of the person's family; or (d) for the benefit of a member of the person's family. (2) For the purposes only of temporary additional support, the person's commitments are taken to be reduced to the extent, if any, MSD considers appropriate. (3) MSD must, in determining the extent of any reduction, have regard to the nature of the payment and of those commitments. (4) In this clause, temporary additional support means either or both of the following: (a) temporary additional support under subpart 16 of Part 2: (b) 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 Schedule 1 of this Act). Compare: 1964 No 136 s 68A(2) 21 How costs, etc, for approved programme of special assistance may be affected by debt, or health or disability, insurance payment (1) This clause applies to a person if a debt insurance payment, or a health or disability insurance payment, is made to the person, or to some other person- (a) on the person's behalf; or (b) for the person's benefit; or (c) on behalf of a member of the person's family; or (d) for the benefit of a member of the person's family. (2) For the purposes of any approved special assistance programme under section 101, the costs, expenses, and commitments of the person are taken to be reduced to the extent, if any, MSD considers appropriate having regard to the nature of the payment and those costs, expenses, and commitments. Compare: 1964 No 136 s 68A(4)
Shown as written cl 12 — Schedule 3 amended (Schedule 3)
The bill says: In Schedule 3, after clause 14, insert:
We haven’t applied this one as a diff: this instruction restructures a schedule (tables, forms or lists), which we can't yet apply mechanically — the change is shown as written.
The new text the bill supplies:
14A Parental income requirement: how parental income is calculated: applications and reapplications
Application
(1) This clause applies if a relevant benefit is applied for, or if a relevant benefit is reapplied for—
before, on, or after its expiry date (as defined in section 331); and
under section 336 and regulations made under section 441(1).
Duty to check if specified young person meets parental income requirement
(2) MSD must check whether a specified young person (A) meets the parental income requirement if A is—
subject to it under section 23A(1); and
not required to be taken to meet it under section 23B(2).
How parental income calculated for calculation year
(3) In checking whether A meets the parental income requirement, MSD must calculate an applicable parent’s parental income for the calculation year by completing the following:
determining the representative weeks; and
calculating that parent’s parental income for the representative weeks that MSD determines (see also clause 14D); and
if the number of the representative weeks that MSD determines is not 52, annualising that parent’s parental income for those weeks (see clause 14E).
Representative weeks that MSD determines
(4) The representative weeks that MSD determines must be—
the 1 week, or the 2, 3, 4, 26, or 52 weeks, before the application or reapplication; and
those that MSD is satisfied best represent the parent’s ability to financially support the young person in the period during which the relevant benefit is payable and must continue to be paid.
14B Parental income requirement: how parental income is calculated: discretionary reviews under section 304
Application
(1) This clause applies if MSD is considering whether a beneficiary was, or would be, entitled to a relevant benefit—
in, or as a result of, a discretionary review under section 304; and
after MSD becomes aware of a change in the beneficiary’s circumstances or of a change in the circumstances of a parent of the beneficiary (for example, because that change is notified under section 113(1) or (1A)); and
in the period during which the beneficiary’s benefit that is the subject of the review (whether a relevant benefit or any other benefit) is payable and must continue to be paid.
Duty to check if specified young person meets parental income requirement
(2) MSD must check whether a specified young person (A) meets the parental income requirement if A is—
subject to it under section 23A(1); and
not required to be taken to meet it under section 23B(2).
How parental income calculated for calculation year
(3) In checking whether A meets the parental income requirement, MSD must calculate an applicable parent’s parental income for the calculation year by completing the following:
determining the representative weeks; and
calculating that parent’s parental income for the representative weeks that MSD determines (see also clause 14D); and
if the number of the representative weeks that MSD determines is not 52, annualising that parent’s parental income for those weeks (see clause 14E).
Representative weeks that MSD determines
(4) The representative weeks that MSD determines must be either—
the 1 week, or the 2, 3, 4, 26, or 52 weeks, before the change of circumstances (if the applicable parent’s parental income has not earlier been assessed under this clause during the duration of the benefit grant); or
the 1 week starting on the day after of the change of circumstances (in any other case).
14C Parental income requirement: how parental income is calculated: reviews under subparts 3B to 3D of Part 6
Application
(1) This clause applies if MSD is considering whether a beneficiary was, or would be, entitled to a relevant benefit in, or as a result of, a review required by—
subpart 3B of Part 6 (child leaves care because of sudden uncontrollable change of circumstances); or
subpart 3C of Part 6 (child leaves care for other reason); or
subpart 3D of Part 6 (beneficiary or spouse or partner turns 18).
Duty to check if specified young person meets parental income requirement
(2) MSD must check whether a specified young person (A) meets the parental income requirement if A is—
subject to it under section 23A(1); and
not required to be taken to meet it under section 23B(2).
How parental income calculated for calculation year
(3) In checking whether A meets the parental income requirement, MSD must calculate an applicable parent’s parental income for the calculation year by completing the following:
determining the representative weeks; and
calculating that parent’s parental income for the representative weeks that MSD determines (see also clause 14D); and
if the number of the representative weeks that MSD determines is not 52, annualising that parent’s parental income for those weeks (see clause 14E).
Representative weeks that MSD determines
(4) The representative weeks that MSD determines must be—
the 1 week, or the 2, 3, 4, 26, or 52 weeks, before (as applicable)—
the child exclusion date (if subpart 3B or 3C of Part 6 applies); or
the 18th birthday referred to in subpart 3D of Part 6; and
those that MSD is satisfied best represent the parent’s ability to financially support the specified young person in the period during which the relevant benefit is or would be payable and must continue to be paid.
14D Further provisions about calculation of parental income
General
(1) MSD must calculate the applicable parent’s parental income for the representative weeks that MSD determines under clause 14A, 14B, or 14C, based only on the extent to which it was received, acquired, paid, provided, or supplied in those weeks.
Discretion to disregard certain parental income
(2) Subclause (3) applies in calculating the applicable parent’s parental income for the representative weeks that MSD determines under clause 14B if—
those weeks are the 1 week starting on the day after of the change of circumstances (see clause 14B(4)(b)); and
but for subclause (3), whichever of the following applies would be more than the parental income limit:
A’s 1 applicable parent’s parental income for the calculation year; or
A’s 2 applicable parents’ combined parental income for the calculation year.
(3) MSD may disregard income that is not likely to continue for the duration of the benefit grant.
14E How parental income annualised
Application
(1) This clause applies if the number of the representative weeks that MSD determines under clause 14A, 14B, or 14C is not 52.
How income annualised
(2) MSD annualises an applicable parent’s parental income for those weeks by multiplying that income by—
2, if the number of those weeks is 26; or
13, if the number of those weeks is 4; or
17.33333, if the number of those weeks is 3; or
26, if the number of those weeks is 2; or
52, if the number of those weeks is 1.
Shown as written cl 12 — Schedule 3 amended (Schedule 3)
The bill says: In Schedule 3, Part 4 heading, after "Deprivation of income or property", insert "or of parental income".
We haven’t applied this one as a diff: the quoted text appears 2 times in the provision and the instruction points at one place — no diff is shown rather than guessing which occurrence.
The new text the bill supplies:
or of parental income
Shown as written cl 12 — Schedule 3 amended (Schedule 3)
The bill says: In Schedule 3, after clause 16, insert:
We haven’t applied this one as a diff: this instruction restructures a schedule (tables, forms or lists), which we can't yet apply mechanically — the change is shown as written.
The new text the bill supplies:
16A Effect of deprivation of parental income of applicable parent
(1) This clause applies if MSD is satisfied that—
a specified young person’s applicable parent has, directly or indirectly, deprived the applicable parent of parental income:
the deprivation results in either of the following:
the specified young person’s qualifying for a relevant benefit; or
the specified young person’s spouse or partner qualifying for a relevant benefit at a rate of benefit that is payable other than as specified in section 23C(3) or (4).
(2) For the purposes of this clause and of rules under clause 17, deprivation of parental income, by a specified young person’s applicable parent, excludes that parent doing all or any of the things specified in clause 16(1A)(a) to (e).
(3) Subclause (2) does not apply to, and does not limit the application of section 9 (UCB beneficiaries must apply for formula assessment) of the Child Support Act 1991 to,—
an applicant for an unsupported child’s benefit; or
the spouse or partner of that applicant; or
a UCB beneficiary; or
the spouse or partner of that UCB beneficiary.
(4) MSD may refuse to grant a benefit, or cancel or reduce a benefit already granted.
(5) In this clause and clause 17, parental income excludes, for 12 months after the date of the applicable parent’s receipt of the amount, an amount that—
MSD considers is, or might have been, derived by an applicable parent from—
an impairment lump sum under Schedule 1 of the Accident Compensation Act 2001; or
a lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998; and
is paid to, and received by, the applicable parent, on or after 2 November 2026.
(6) This clause—
overrides any provisions to the contrary in this Act (under clause 2(3)), Part 6 of the Veterans’ Support Act 2014, or the New Zealand Superannuation and Retirement Income Act 2001; but
is subject to any rules prescribed by rules under clause 17.
Shown as written cl 12 — Schedule 3 amended (Schedule 3)
The bill says: In Schedule 3, heading to clause 17, after "deprivation of income or property", insert "or of parental income".
We haven’t applied this one as a diff: the quoted text appears 4 times in the provision and the instruction points at one place — no diff is shown rather than guessing which occurrence.
The new text the bill supplies:
or of parental income
Shown as written cl 12 — Schedule 3 amended (Schedule 3)
The bill says: In Schedule 3, clause 17(1), after "clause 16", insert "or 16A".
We haven’t applied this one as a diff: the quoted text appears 3 times in the provision and the instruction points at one place — no diff is shown rather than guessing which occurrence.
The new text the bill supplies:
or 16A
Shown as written cl 12 — Schedule 3 amended (Schedule 3)
The bill says: In Schedule 3, replace clause 17(1)(a) with:
We haven’t applied this one as a diff: this instruction restructures a schedule (tables, forms or lists), which we can't yet apply mechanically — the change is shown as written.
The new text the bill supplies:
relating to either or both of the following:
the deprivation of income, property, or both:
the deprivation of parental income; and
Shown as written cl 12 — Schedule 3 amended (Schedule 3)
The bill says: In Schedule 3, replace clause 17(1A) with:
We haven’t applied this one as a diff: this instruction restructures a schedule (tables, forms or lists), which we can't yet apply mechanically — the change is shown as written.
The new text the bill supplies:
(1A) Rules under this clause relating to the deprivation of income, property, or both are subject to clause 16(1A) (under which deprivation of income, property, or both, excludes specified conduct by a person who is an applicant for a benefit, or the spouse or partner of that applicant).
(1B) Rules under this clause relating to the deprivation of parental income are subject to clause 16A(2) (under which deprivation of parental income excludes specified conduct by an applicable parent).
Shown as written cl 13 — Schedule 1 amended (Schedule 1)
The bill says: In Schedule 1, insert the Part set out in Schedule 2 of this Act as the last Part
We haven’t applied this one as a diff: this instruction restructures a schedule (tables, forms or lists), which we can't yet apply mechanically — the change is shown as written.
Amended cl 14 — Schedule 2 amended (Schedule 2)
The bill says: In Schedule 2, definition of community spouse or partner, paragraph (b), replace "item 6A of Part 7 of Schedule 4" with "clause 6A of Part 7 of Schedule 4".
community spouse or partner,- (a) in section 17A (which is a guide to specified abatement exemptions), means- (i) for the purposes of section 17(3) of the New Zealand Superannuation and Retirement Income Act 2001, a person to whom section 17 of that Act applies; and (ii) for the purposes of section 173(3) of the Veterans' Support Act 2014, a person to whom section 173 of that Act applies; and (b) in sections 67(e) and 69(2A) and (2B), item clause 6A of Part 7 of Schedule 4, and item 9A of Part 2 of Schedule 5 (which are provisions about eligibility for, and the rate of, an accommodation supplement), means a person- (i) who is not receiving long-term residential care in a hospital or rest home; and (ii) whose spouse or partner- (A) is receiving long-term residential care in a hospital or rest home; and (B) is, or is not, a resident assessed as requiring care in respect of whom a funder is paying some or all of the cost of contracted care services under section 54, 55, 56, 57, or 58 of the Residential Care and Disability Support Services Act 2018
Shown as written cl 15 — Schedule 4 amended (Schedule 4)
The bill says: In Schedule 4, Part 7, replace clauses 4 to 6A with:
We haven’t applied this one as a diff: this instruction restructures a schedule (tables, forms or lists), which we can't yet apply mechanically — the change is shown as written.
The new text the bill supplies:
70% of the amount by which an applicant’s weekly qualifying accommodation costs exceeds 40% of the base rate, but not more than—
$305 a week, if the applicant resides in Area 1:
$220 a week, if the applicant resides in Area 2:
$160 a week, if the applicant resides in Area 3:
$120 a week, if the applicant resides in Area 4
70% of the amount by which an applicant’s weekly qualifying accommodation costs exceeds 30% of the base rate, but not more than—
$305 a week, if the applicant resides in Area 1:
$220 a week, if the applicant resides in Area 2:
$160 a week, if the applicant resides in Area 3:
$120 a week, if the applicant resides in Area 4
70% of the amount by which an applicant’s weekly qualifying accommodation costs exceeds 40% of the base rate, but not more than—
$235 a week, if the applicant resides in Area 1:
$155 a week, if the applicant resides in Area 2:
$105 a week, if the applicant resides in Area 3:
$80 a week, if the applicant resides in Area 4
70% of the amount by which an applicant’s weekly qualifying accommodation costs exceeds 30% of the base rate, but not more than—
$235 a week, if the applicant resides in Area 1:
$155 a week, if the applicant resides in Area 2:
$105 a week, if the applicant resides in Area 3:
$80 a week, if the applicant resides in Area 4
70% of the amount by which an applicant’s weekly qualifying accommodation costs exceeds 40% of the base rate, but not more than—
$165 a week, if the applicant resides in Area 1:
$105 a week, if the applicant resides in Area 2:
$80 a week, if the applicant resides in Area 3:
$70 a week, if the applicant resides in Area 4
70% of the amount by which an applicant’s weekly qualifying accommodation costs exceeds 30% of the base rate, but not more than—
$165 a week, if the applicant resides in Area 1:
$105 a week, if the applicant resides in Area 2:
$80 a week, if the applicant resides in Area 3:
$70 a week, if the applicant resides in Area 4
In clauses 4 to 6AA, specified person means a person, or the spouse or partner of a person, who is receiving—
supported living payment on the ground of restricted work capacity or total blindness; or
supported living payment on the ground of caring for another person; or
emergency benefit, but only if the equivalent benefit under section 63(4) is—
supported living payment on the ground of restricted work capacity or total blindness; or
supported living payment on the ground of caring for another person; or
New Zealand superannuation; or
veteran’s pension.

In-place amendments are anchor-verified: the instruction’s own quoted text must occur in the archived provision, which proves the archive is current enough for that operation. Whole-provision replacements show the provision as archived on the date given — later amendments by other Acts, if any, would not appear. Rows marked AI-read had unusually-phrased instructions translated into a standard operation by a model; the translation is checked word-for-word against the instruction, and the change is still applied and verified mechanically. Full methodology →

Source record — the urgency motion as published
25 August 2026 — scope: the remaining stages of (All remaining stages)
A motion to accord urgency to the following business was agreed to:
- the committee stage of:
  - the Planning Bill; and
  - the Natural Environment Bill; and
- the remaining stages of:
  - the Emergency Management Bill (No 2);
  - the Social Security (Jobseeker Support and Accommodation Supplement) Amendment Bill; and
  - the Serious Fraud Office Amendment Bill.
Source: Daily progress in the House → · Hansard for this sitting day →