Social Security (Modernisation) Amendment Bill

Discretionary review

310A MSD must review specified benefit
Specified benefit to which this section applies
(1) This section applies to a specified benefit—
as that term is defined in section 310D; and
granted to, or in respect of, a beneficiary; and
that is being paid, or was paid, to the beneficiary.
MSD must review specified benefit (unless exception or exemption applies)
(2) MSD must review the specified benefit—
for the purpose, and within the limits, stated in sections 310E and 310F; and
unless MSD is not required to review the specified benefit because of an exception, or exemption, under section 310G or 310H; and
with MSD also reviewing every other specified benefit granted to, or in respect of, the beneficiary, if the specified benefit is a universal review benefit under section 310D; and
without MSD also reviewing any other specified benefit granted to, or in respect of, the beneficiary (except as provided in subsection (3)), if the specified benefit is an independent review benefit under section 310D; and
so that MSD starts to undertake the review by the review start deadline (as defined in section 310D); and
after advising the beneficiary of, and the beneficiary providing, the information required for the review under sections 310I to 310M; and
with the effect of, and decision on, the review stated in sections 310N to 310U; and
with the review and appeal rights mentioned in section 310V applying in respect of a decision on the review; and
unless MSD has received information that satisfies MSD that either of the following people has died:
the beneficiary who was receiving the specified benefit:
a child, or other person, for whom, or on account of whom, the specified benefit was granted.
Exceptions
(3) Despite subsection (2)(d), an independent review benefit that is an orphan’s benefit, or an unsupported child’s benefit, received by a beneficiary for a child must be reviewed under section 310A together with any disability allowance the beneficiary is receiving for the child.
(4) This section is subject to the exception set out in section 310C.
310B Notice if specified benefit suspended or not payable
When this section applies
(1) This section applies only if, at least 20 working days before the review start deadline for a review under section 310A, MSD considers that, at that deadline, the specified benefit will be—
suspended; or
not for the time being payable under this Act, other than not for the time being payable under—
section 217 (benefit not payable during custody in prison or on remand); or
section 219 (general rule: benefit not payable while beneficiary absent from New Zealand).
Notice about effect of section 310C
(2) MSD must, by giving a notice at least 20 working days before the review start deadline, advise the beneficiary of the effect of section 310C.
310C If specified benefit suspended or not payable
When this section applies
(1) This section applies only if, at the review start deadline, the specified benefit—
is suspended; or
is not for the time being payable under under this Act.
Review only if beneficiary contacts MSD, and subject to modifications
(2) MSD must review the specified benefit under section 310A only if the beneficiary contacts MSD—
in the period that—
starts with the review start deadline; and
ends on the day on which the benefit is to be cancelled; and
seeking to have the suspension end and the benefit become payable under this Act, or the benefit otherwise become payable under this Act.
(3) If the beneficiary contacts MSD as provided in subsection (2),—
MSD must review the specified benefit under section 310A (despite anything to the contrary in this subpart) subject to the modifications set out in this section; and
MSD must promptly give the beneficiary a notice advising the beneficiary of the effect of those modifications.
Modifications for review required by this section
(4) The suspension can end and the benefit can become payable under this Act, or the benefit can otherwise become payable under this Act, only after a review of the specified benefit required by subsection (3)(a).
(5) If the beneficiary does not comply with subsection (8), MSD must cancel the benefit and, to be again entitled to the benefit, the beneficiary must apply for it again and establish that the beneficiary is eligible for it.
(6) Exceptions or exemptions under section 310G or 310H do not apply to that review.
(7) Sections 310I to 310L do not apply to that review.
(8) The beneficiary must, before a deadline that MSD specifies and that is before the day on which the benefit is to be cancelled, provide MSD with—
the information that MSD notifies the beneficiary that MSD requires for the review; and
the answers to questions that MSD notifies the beneficiary that MSD requires for the review.
310D Definitions for subpart
In this subpart, unless the context otherwise requires,—
3-year rule benefit means a specified benefit stated to be a 3-year rule benefit by regulations made under section 438A(1)(a) (see section 438A(1A)(c))
automated electronic system means an automated electronic system used under subpart 5A
disruption, to a system under the responsible department’s control (for example, an automated electronic system), includes, without limitation, a disruption to disclosure to MSD of all or any information used in or by the system
independent review benefit means a specified benefit stated to be an independent review benefit by regulations made under section 438A(1)(a) (see section 438A(1A)(a))
review start deadline, for a review under section 310A of a specified benefit, means the review start deadline—
for that review of that specified benefit; and
stated, or otherwise provided for, by regulations made under section 438A(1)(a) (see section 438A(1A)(b) and (1B))
specified benefit—
means a kind of benefit designated by regulations made under section 438A(1)(a) to be a specified benefit for the purposes of this subpart (however, childcare assistance under subpart 12 of Part 2 payable to the same beneficiary may be designated only as a single specified benefit); but
if those regulations designate a kind of benefit to be a specified benefit for the purposes of this subpart only if it meets prescribed conditions, means that kind of benefit only if it meets the prescribed conditions (see regulations made under section 438A(1)(b))
universal review benefit means a specified benefit stated to be a universal review benefit by regulations made under section 438A(1)(a) (see section 438A(1A)(a)).
310E Review of entitlement and rate payable
Review under subpart
(1) A review under section 310A of a specified benefit is to ascertain all or any of the following:
whether the beneficiary is, or remains, entitled to receive the benefit, or the rate of benefit, that is being paid to the beneficiary; or
whether the beneficiary was not entitled to receive the benefit, or the rate of benefit, that was paid to the beneficiary.
Exception
(2) This section is subject to section 310F.
310F Review excludes whether a person’s information share child support payment is or was all or any of their weekly income
(1) MSD cannot review under section 310A whether a person’s information share child support payment is or was all or any of their weekly income under Part 3A of Schedule 3.
(2) However, this section does not affect or limit—
section 113 (beneficiary must notify change of circumstances); or
MSD for the purposes of a review under section 310A treating a person’s information share child support payment as all or any of their weekly income under Part 3A of Schedule 3; or
MSD reviewing under subpart 3 (discretionary review of entitlement to, or rate of, benefit granted) whether a person’s information share child support payment is or was all or any of their weekly income under Part 3A of Schedule 3.
310G Exceptions to review
If exception applies, MSD is not required to undertake or complete review
(1) If an exception under subsection (2) or (3) applies, MSD is not required to undertake or complete a review that MSD would, but for this section, be required to undertake and complete under section 310A.
Exception: disruption to system used to undertake review
(2) The exception under this subsection applies if—
the specified benefit is neither of the following:
childcare assistance:
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) and payable to a beneficiary who is ordinarily resident in New Zealand; and
at any time or times, or at all times, at least 20 working days before the review start deadline, there is a disruption to a system used to undertake the review.
Exception: 1 or more prescribed circumstances apply to beneficiary
(3) The exception under this subsection applies if, at any time or times, or at all times, at least 20 working days before the review start deadline, 1 or more of the prescribed circumstances apply to the beneficiary.
(4) In this section, prescribed circumstances means any circumstances that are—
circumstances (within or outside New Zealand) in which MSD is not required under this section to undertake a mandatory review that MSD would, but for this section, be required to undertake under section 310A; and
prescribed for the purposes of the exception in subsection (3) by regulations made under section 438A(1)(c).
310H Exemption from review
If exemption applies, MSD is not required to undertake or complete review
(1) If an exemption under this section applies, MSD is not required to undertake or complete a review that MSD would, but for this section, be required to undertake and complete under section 310A.
When MSD may grant exemption
(2) MSD may, before, at, or after the review start deadline for the specified benefit, grant an exemption under this section only if—
the beneficiary contacts MSD before that deadline; and
MSD is satisfied that the specified benefit is not excluded from an exemption under this section by regulations made under section 438A(1)(d); and
MSD is satisfied that, owing to the beneficiary’s circumstances, the review should not be undertaken or completed.
310I MSD must advise beneficiary of information required
MSD must, by giving a notice under section 310J by at least 20 working days before the review start deadline for a review under section 310A, advise the beneficiary of—
the information that MSD requires for the review:
the questions for which MSD requires answers for the review.
310J MSD must give notice to beneficiary
In requiring information or answers under section 310I or 310K(3), MSD must give the beneficiary a notice advising the beneficiary of the following matters:
that MSD must review the specified benefit under section 310A:
any information that MSD under section 310K(1) requires the beneficiary to provide for the review:
any questions that MSD under section 310K(1) requires the beneficiary to answer for the review:
any information that MSD under section 310K(3) requires the beneficiary to provide for the review:
the way in which that information must be provided:
any questions that MSD under section 310K(3) requires the beneficiary to answer for the review:
the way in which those questions must be answered:
the deadline for providing the information or answers required under section 310K(1) or (3):
that the beneficiary’s benefit and special assistance will be suspended under section 310L if the beneficiary fails to provide the information or answer the questions by—
the deadline under section 310K(1) or (3); or
an extended deadline under section 310K(4).
310K Beneficiary’s duty to provide information for review
Notified information or answers to be provided by review start deadline
(1) The beneficiary must, before the review start deadline for a review under section 310A, provide MSD with—
the information that MSD has notified the beneficiary under section 310J that MSD requires for the review:
the answers to questions that MSD has notified the beneficiary under section 310J that MSD requires for the review.
MSD may require further information or answers
(2) Subsection (3) applies if, after the beneficiary provides information or answers in response to a notification described in subsection (1), MSD determines that the beneficiary’s circumstances have changed since whichever is the last to occur of the following dates:
the date on which the specified benefit commenced:
the date on which the specified benefit was last reviewed under section 304 or 310A.
(3) MSD may, by giving a notice under section 310J, require the beneficiary to provide information or answers—
in a way that MSD specifies; and
by a reasonable deadline that MSD specifies.
MSD may extend deadline for providing notified information or answers
(4) MSD may, before, at, or after the deadline under subsection (1), extend that deadline by up to 20 working days only if—
the beneficiary contacts MSD before that deadline; and
MSD is satisfied that the specified benefit is not excluded from an extension under this subsection by regulations made under section 438A(1)(e); and
MSD is satisfied that the beneficiary has a good and sufficient reason for not being able to provide the information, or answer the questions, in the specified way before that deadline.
310L Consequences if beneficiary fails to comply with duty
Universal review benefit: suspension of all benefits and special assistance
(1) If the beneficiary fails to comply with a requirement under section 310K(1) or (3) in respect of a specified benefit that is a universal review benefit, MSD must suspend, with effect from the end of the day before the relevant deadline stated in subsection (5), every benefit, and every special assistance granted under section 100 or 101, that—
the beneficiary is receiving; and
is not of a kind listed in subsection (6).
(2) However, subsection (1)(b) does not prevent a specified benefit from being suspended under subsection (1) if that specified benefit is—
itself the subject of the review under section 310A; and
of a kind listed in subsection (6).
Independent review benefit: suspension of only independent review benefit
(3) If the beneficiary fails to comply with a requirement under section 310K(1) or (3) in respect of a specified benefit that is an independent review benefit, MSD must suspend, with effect from the end of the day before the relevant deadline stated in subsection (5), only that independent review benefit.
(4) However, MSD must suspend, with effect from the end of the day before the relevant deadline stated in subsection (5), only the benefits and special assistance specified in paragraphs (a) and (b) if—
the independent review benefit mentioned in subsection (3) is an orphan’s benefit, or an unsupported child’s benefit, received by a beneficiary for a child; and
the beneficiary is receiving for, or on behalf of, the child, any other benefit, or special assistance, that is not—
a child disability allowance; or
childcare assistance; or
special assistance paid under the Guaranteed Childcare Assistance Payment Programme.
Relevant deadline
(5) The relevant deadline mentioned in subsections (1), (3), (4), and (8) is—
the deadline under section 310K(1) if—
MSD has not required information under section 310K(3); and
MSD has not granted the beneficiary an extended deadline under section 310K(4):
the deadline under section 310K(3) if MSD has required information under section 310K(3):
the extended deadline if MSD has granted the beneficiary an extended deadline under section 310K(4).
Benefits or special assistance that must not be suspended
(6) The kinds of benefits or special assistance mentioned in subsection (1)(b) are—
a child disability allowance:
an orphan’s benefit:
an unsupported child’s benefit:
a youth payment:
a young parent payment:
childcare assistance:
New Zealand superannuation (other than New Zealand superannuation that is being paid at a rate specified in clause 1 of Part 2 of Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001):
a veteran’s pension:
special assistance paid under the Guaranteed Childcare Assistance Payment Programme.
Cancellation of benefit or special assistance
(7) MSD must cancel, effective from the date that it is suspended, a benefit, or any special assistance granted under section 100 or 101, if—
the benefit, or the special assistance, is suspended under subsection (1), (3), or (4); and
the beneficiary fails to comply with a requirement under section 310K(1) or (3) within the relevant period in subsection (8).
Relevant period
(8) The relevant period mentioned in subsection (7) is,—
if the suspended benefit or special assistance is not New Zealand superannuation or a veteran’s pension to which subsection (9), (10), or (11) applies, 8 weeks starting at the relevant deadline stated in subsection (5):
if the suspended benefit or special assistance is New Zealand superannuation or a veteran’s pension to which subsection (9), (10), or (11) applies, 2 years (each of 365 days) starting at the relevant deadline stated in subsection (5) (even if that deadline is on 29 February in a leap year).
New Zealand superannuation with 2-year relevant period
(9) This subsection applies to New Zealand superannuation—
payable at a non-standard couple rate under Part 3 (see clauses 4 and 7 to 10) of Schedule 1AA of the New Zealand Superannuation and Retirement Income Act 2001; and
payable to a beneficiary who is not absent from New Zealand, or payable—
to a beneficiary who is absent from New Zealand; and
as provided in any of sections 22 to 25 of the New Zealand Superannuation and Retirement Income Act 2001.
(10) This subsection applies to New Zealand superannuation—
payable at any rate under the New Zealand Superannuation and Retirement Income Act 2001; and
payable to a beneficiary who is absent from New Zealand, and as provided in—
sections 26 to 35 of the New Zealand Superannuation and Retirement Income Act 2001; or
a reciprocity agreement adopted under section 380; and
not payable to a beneficiary who is ordinarily resident in—
Australia; or
the United Kingdom of Great Britain and Northern Ireland.
Veteran’s pension with 2-year relevant period
(11) This subsection applies to a veteran’s pension—
payable to a beneficiary who is—
absent from New Zealand; and
not ordinarily resident in Australia; and
payable as provided in—
sections 181 to 196 of the Veterans’ Support Act 2014; or
a reciprocity agreement adopted under section 380; and
not payable to a beneficiary who is ordinarily resident in—
Australia; or
the United Kingdom of Great Britain and Northern Ireland.
310M Other specified provisions not limited
Sections 310I to 310L and 310N to 310U do not limit—
section 28 (jobseeker support: on ground of health condition, injury, or disability: medical examination); or
section 37 (supported living payment: on ground of restricted work capacity or total blindness: medical examination); or
section 42 (supported living payment: on ground of caring for another person: medical examination); or
section 81 (child disability allowance: medical examination); or
section 88 (disability allowance: medical examination); or
subpart 18 of Part 2 (effect of child turning 18 years old); or
section 113 (beneficiary must notify change of circumstances); or
sections 205A to 205I (failure to provide updated medical evidence for medical evidence benefit); or
section 290 (offences: false statements, misleading, or attempting to mislead, to receive or continue to receive benefits); or
section 300 (information gathering, disclosure, and matching); or
subpart 3 of Part 6 (discretionary review of entitlement to, or rate of, benefit granted); or
sections 325 to 330 (ending of benefits); or
Schedule 6 (information gathering, disclosure, and matching) and, in particular, clause 2 (power to obtain information) of that schedule.
310N No relevant change in beneficiary’s circumstances
When this section applies
(1) This section applies if MSD is satisfied because of the review under section 310A that no relevant change in the beneficiary’s circumstances has occurred since whichever is the last to occur of the following dates:
the date on which the specified benefit commenced:
the date on which the specified benefit was last reviewed under section 304 or 310A.
When change in circumstances is relevant change
(2) For the purposes of this section and section 310O, a change in the beneficiary’s circumstances is a relevant change only if—
the change affects the beneficiary’s entitlement to receive a specified benefit; or
the change affects the rate of a specified benefit the beneficiary receives.
Beneficiary remains entitled to specified benefit and rate of benefit
(3) The decision on the review must be that the beneficiary remains entitled to receive the following that the beneficiary received immediately before MSD undertook the review:
the specified benefit:
the rate of the specified benefit.
Exception: special benefit or emergency benefit
(4) However, subsection (3) does not apply if the specified benefit is—
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); and
payable to a beneficiary who is ordinarily resident in New Zealand; or
an emergency benefit—
granted—
under section 63 (discretionary grant on ground of hardship); or
under section 64 (grant during epidemic in New Zealand); and
granted with no expiry date, or with an expiry date that is later than 52 weeks after the commencement of the benefit; and
payable to a beneficiary who is ordinarily resident in New Zealand.
Exception: 3-year rule benefits and supplementary benefit rule
(5) This section is subject to sections 310O and 310P.
310O Exception: 3-year rule benefit
When this section applies
(1) This section applies if MSD is satisfied because of the review under section 310A of a 3-year rule benefit, and because of all relevant information available to MSD, that subsection (2), (3), or (4) applies to that benefit.
Benefit is any 3-year rule benefit
(2) This subsection applies to a 3-year rule benefit if—
the 3-year rule benefit is any 3-year rule benefit; and
the declared income of the beneficiary and the beneficiary’s spouse or partner (if any) has not changed in the last 3 calendar years.
Benefit is accommodation supplement
(3) This subsection applies to a 3-year rule benefit if—
the 3-year rule benefit is accommodation supplement; and
the following have not changed in the last 3 calendar years:
declared accommodation costs (as defined in section 65AAA):
declared weekly qualifying accommodation costs (as referred to in section 68(1)(b), and as defined in clause 7 of Part 7 of Schedule 4 for the purposes of that Part).
Benefit is disability allowance
(4) This subsection applies to 3-year rule benefit if—
the 3-year rule benefit is disability allowance; and
the beneficiary’s additional expenses of an ongoing kind arising from the beneficiary’s disability (for the purposes of section 85(2)(d) of the Act) have not changed in the last 3 calendar years.
MSD must consider whether to request further information or answers
(5) If this section applies, MSD must consider whether to require further information or answers under section 310K(3).
310P Exception: supplementary benefit rule
When this section applies
(1) This section applies if MSD is satisfied because of the review under section 310A of a specified benefit, and because of all relevant information available to MSD, that the beneficiary is not receiving a main benefit under this Act and—
the specified benefit is one to which this section applies (see regulations made under section 438A(1)(a) and (1A)(d)); and
the declared income of the beneficiary and the beneficiary’s spouse or partner (if any) for the review is no income.
MSD must consider whether to request further information or answers
(2) If this section applies, MSD must consider whether to require further information or answers under section 310K(3).
310Q No entitlement, or entitlement only at different rate
When this section applies
(1) This section applies if MSD is satisfied because of the review under section 310A that the beneficiary—
was not or is not entitled (at all, rather than on another eligibility ground for that benefit) to receive a specified benefit; or
was or is entitled to receive a specified benefit at a different rate.
What MSD may do
(2) MSD may suspend, cancel, or vary the rate of benefit of, the specified benefit from a date MSD reasonably determines.
MSD must also suspend or cancel other benefits or special assistance beneficiary is receiving
(3) Subsection (4) applies if—
MSD suspends or cancels the specified benefit under subsection (2); and
the specified benefit is—
a main benefit; and
a universal review benefit; and
the beneficiary is also receiving benefits or special assistance—
other than the specified benefit; and
not of a kind listed in section 310L(6).
(4) MSD must suspend or cancel the benefits or special assistance to which subsection (3)(c) applies with the specified benefit suspended or cancelled under subsection (2).
MSD must also continue or vary other benefits or special assistance beneficiary is receiving
(5) Subsection (6) applies if—
MSD varies the specified benefit under subsection (2); and
the specified benefit is a universal review benefit; and
the beneficiary is also receiving benefits or special assistance—
other than the specified benefit; and
not of a kind listed in section 310L(6).
(6) MSD must continue or vary the benefits or special assistance to which subsection (5)(c) applies (if the beneficiary was or is entitled to receive them) with the specified benefit varied under subsection (2).
MSD must also suspend or cancel other benefits or special assistance beneficiary is receiving
(7) Subsection (8) applies if—
MSD suspends or cancels the specified benefit under subsection (2); and
the specified benefit is—
an independent review benefit; and
an orphan’s benefit, or an unsupported child’s benefit, received by a beneficiary for a child; and
the beneficiary is also receiving for, or on behalf of, the child, any other benefit, or special assistance, that is not—
a child disability allowance; or
childcare assistance; or
special assistance paid under the Guaranteed Childcare Assistance Payment Programme.
(8) MSD must suspend or cancel the benefits or special assistance to which subsection (7)(c) applies with the specified benefit suspended or cancelled under subsection (2).
MSD must also continue or vary other benefits or special assistance beneficiary is receiving
(9) Subsection (10) applies if—
MSD varies the specified benefit under subsection (2); and
the specified benefit is—
an independent review benefit; and
an orphan’s benefit, or an unsupported child’s benefit, received by a beneficiary for a child; and
the beneficiary is also receiving for, or on behalf of, the child, any other benefit, or special assistance, that is not—
a child disability allowance; or
childcare assistance; or
special assistance paid under the Guaranteed Childcare Assistance Payment Programme.
(10) MSD must continue or vary the benefits or special assistance to which subsection (9)(c) applies (if the beneficiary was or is entitled to receive them) with the specified benefit varied under subsection (2).
310R Benefit on another eligibility ground more appropriate
When this section applies
(1) This section applies if MSD is satisfied because of the review under section 310A that the beneficiary—
was granted a specified benefit on a stated eligibility ground for that benefit; and
is more appropriately entitled to receive that specified benefit on another eligibility ground for that specified benefit.
What MSD may do
(2) MSD may cancel the specified benefit as granted on the stated eligibility ground, and grant the beneficiary that specified benefit on the other eligibility ground commencing from the date of cancellation.
310S Another benefit more appropriate
When this section applies
(1) This section applies if MSD is satisfied because of the review under section 310A that the beneficiary is more appropriately entitled to receive another benefit.
What MSD may do
(2) MSD may cancel the specified benefit, and grant the beneficiary the other benefit commencing from the date of cancellation.
310T Termination of winter energy payment
After the review under section 310A, MSD may terminate a winter energy payment under section 75.
310U Certain specified benefits granted, or granted at rate, not taking into account certain insurance payments
When this section applies
(1) This section applies if MSD is satisfied because of the review under section 310A that the beneficiary has been granted a specified benefit, or has been granted a specified benefit at a rate, that does not take into account certain insurance payments specified in regulations made under section 439.
Insurance payment reduced by amount of costs incurred in obtaining it
(2) For the purposes of this section, the amount of an insurance payment must, to the extent MSD so determines, be reduced by the amount of any costs incurred by an applicant for a specified benefit or a beneficiary in obtaining receipt of that payment.
What MSD may do
(3) MSD may, in accordance with those regulations, suspend, cancel, or vary the rate of, the specified benefit, from a date MSD determines.
310V 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 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):
subpart 5 (appeals to medical board).
(2) Subsection (1) is by way of explanation only.

administrative programme is defined in section 363A(2) for the purposes of subpart 5A of Part 6

beneficiary receiving a hospital rate of benefit is defined in section 205C for the purposes of sections 205A to 205I
beneficiary receiving residential care subsidy is defined in section 205C for the purposes of sections 205A to 205I
beneficiary receiving residential support subsidy is defined in section 205C for the purposes of sections 205A to 205I
coverage, of any medical certificate, medical evidence, or medical report is defined—
in section 27(4) for a medical certificate under section 27; and
in section 28(6) for a medical report under section 28; and
in section 36A(5) for—
a medical certificate under section 36A; and
other medical evidence under section 36A(6); and
in section 37(6) for a medical report under section 37; and
in section 41(4) for a medical certificate under section 41; and
in section 42(6) for a medical report under section 42; and
in section 80(3) for—
a medical certificate under section 80; and
other medical evidence under section 80(4); and
in section 81(6) for a medical report under section 81; and
in section 87A(3) for a medical certificate under section 87A; and
in section 88(6) for a medical report under section 88
hospital or residential care beneficiary is defined in section 205C for the purposes of sections 205A to 205I
medical evidence benefit is defined in section 205C for the purposes of sections 205A to 205I
medical review date is defined in section 205C for the purposes of sections 205A to 205I
prescribed general minimum restricting period for supported living payment on the ground of restricted work capacity means the minimum period (that a person’s health condition, injury, or disability that restricts the person’s capacity for work is expected to continue for at least) that is—
referred to in section 35(2)(a); and
set out in regulations made under section 418(1)(b)
updated medical evidence is defined in section 205C for the purposes of sections 205A to 205I

relevant deadline—
is defined in section 205G(5) for the purposes of section 205G(1) to (3) and (7); and
is defined in section 310L(5) for the purposes of section 310L(1), (3), (4), and (8)

C’s 18th birthday is defined in section 103A for the purposes of subpart 18 of Part 2
Community Costs Programme is defined in section 103A for the purposes of subpart 18 of Part 2
dependent child rate benefit is defined in section 103A for the purposes of subpart 18 of Part 2
determined period is defined in section 103F(2) for the purposes of section 103F
discretionary dependent child rate benefit is defined in section 103A for the purposes of subpart 18 of Part 2
entitlement period is defined in section 103A for the purposes of subpart 18 of Part 2
exception, to a general rule in section 103B to 103E, is defined in section 103A for the purposes of subpart 18 of Part 2
non-discretionary dependent child rate benefit is defined in section 103A for the purposes of subpart 18 of Part 2
specified children’s benefit is defined in section 103A for the purposes of subpart 18 of Part 2

Guaranteed Childcare Assistance Payment Programme means—
the Guaranteed Childcare Assistance Payment Programme—
approved and established under section 124(1)(d) of the Social Security Act 1964 on 20 August 2012; and
saved by clause 21 of Schedule 1 of this Act as if it were approved and established under section 101 of this Act; and
any later special assistance programme approved and established under section 101 that, with or without modification, replaces, or that corresponds to, the programme specified in paragraph (a)
independent review benefit is defined in section 310D for the purposes of subpart 3A of Part 6
lump sum accident compensation payment is defined in section 326(5) for the purposes of section 326

relevant change is defined in section 310N(2) for the purposes of sections 310N and 310O
relevant deadline is defined in section 310L(5) for the purposes of section 310L(1), (3), (4), and (8)
relevant period is defined in section 310L(8) for the purposes of section 310L(7)
review start deadline, for a review under section 310A of a specified benefit, is defined in section 310D for the purposes of subpart 3A of Part 6

specified main benefit is defined in section 326(5) for the purposes of section 326
universal review benefit is defined in section 310D for the purposes of subpart 3A of Part 6

section 326(2) or (4)

the person has died, and their benefit—
is specified in any of paragraphs (a) to (i) of the definition of specified main benefit in section 326(5); and
will end, or has ended, under section 326(2) or (4); and

(1) Entitlement to the corresponding assistance, and the rate of benefit that is being or was paid, may be reviewed under—
subpart 3 of Part 6 (discretionary review of entitlement to, or rate of, benefit granted):
subpart 3A of Part 6 (mandatory review of entitlement to, or rate of, specified benefit granted).

medical

medical

medical

medical

176A Benefits designated as specified benefits
What this regulation does
(1) This regulation designates the kinds of benefits that are a specified benefit for the purposes of subpart 3A of Part 6 of the Act (see the definition of specified benefit in section 310D of the Act).
Kinds of benefits designated (including prescribed conditions for designation)
(2) Each of the following subclauses sets out—
a kind of benefit designated by this regulation; and
any prescribed conditions for designation.
Supported living payment
(3) This subclause designates a supported living payment—
granted—
under section 34 of the Act on the ground of restricted work capacity or total blindness; or
under section 40 of the Act on the ground of caring for another person; and
payable to a beneficiary who is ordinarily resident in New Zealand.
Supported living payment—overseas
(4) This subclause designates a supported living payment—
granted—
under section 34 of the Act on the ground of restricted work capacity or total blindness; or
under section 40 of the Act on the ground of caring for another person; and
payable to a beneficiary who is ordinarily resident in a country other than any of the following:
New Zealand:
Australia:
the United Kingdom of Great Britain and Northern Ireland; and
payable as provided in a reciprocity agreement—
with the Government of the country in which the beneficiary is ordinarily resident; and
adopted by an order made under section 380 of the Act.
Orphan’s benefit
(5) This subclause designates an orphan’s benefit payable to a beneficiary who is ordinarily resident in New Zealand.
Orphan’s benefit—overseas
(6) This subclause designates an orphan’s benefit—
payable to a beneficiary who is ordinarily resident in a country other than New Zealand; and
payable as provided in a reciprocity agreement—
with the Government of the country in which the beneficiary is ordinarily resident; and
adopted by an order made under section 380 of the Act.
Unsupported child’s benefit
(7) This subclause designates an unsupported child’s benefit payable to a beneficiary who is ordinarily resident in New Zealand.
Emergency benefit
(8) This subclause designates an emergency benefit—
granted—
under section 63 of the Act (discretionary grant on ground of hardship); or
under section 64 of the Act (grant during epidemic in New Zealand); and
granted with no expiry date, or with an expiry date that is later than 52 weeks after the commencement of the benefit; and
payable to a beneficiary who is ordinarily resident in New Zealand.
Accommodation supplement
(9) This subclause designates an accommodation supplement—
granted under section 65 of the Act; and
not received by a person who is receiving—
a youth payment; or
a young parent payment; and
payable to a beneficiary who is ordinarily resident in New Zealand.
Childcare assistance (childcare subsidy or OSCAR subsidy)
(10) This subclause designates childcare assistance (a childcare subsidy, an out-of-school care and recreation subsidy (OSCAR subsidy), or both)—
payable under subpart 6 of Part 2 of these regulations; and
payable to a beneficiary who is ordinarily resident in New Zealand.
Disability allowance
(11) This subclause designates a disability allowance—
granted under section 85 of the Act; and
not received by—
a person to whom subclause (12) applies; or
a person who is receiving—
a youth payment; or
a young parent payment; and
payable to a beneficiary who is ordinarily resident in New Zealand.
(12) This subclause applies to a person who—
is receiving jobseeker support or sole parent support; and
has been notified or advised under section 335 of the Act that their entitlement to that benefit will cease unless they reapply for that benefit and it is regranted; and
has informed MSD, in the 44 weeks before the date of the notification or advice mentioned in paragraph (b), of the person’s additional expenses of an ongoing kind arising from the person’s disability (for the purposes of section 85(2)(d) of the Act).
Special benefit
(13) This subclause designates 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 the Act); and
payable to a beneficiary who is ordinarily resident in New Zealand.
Widow’s benefit—overseas
(14) This subclause applies to widow’s benefit—
granted or continued under clause 55 of Schedule 1, and Part 10 of Schedule 4, of the Act; and
payable to a beneficiary who is ordinarily resident in a country other than any of the following:
New Zealand:
the United Kingdom of Great Britain and Northern Ireland; and
payable as provided in a reciprocity agreement—
with the Government of the country in which the beneficiary is ordinarily resident; and
adopted by an order made under section 380 of the Act.
New Zealand superannuation
(15) This subclause designates New Zealand superannuation—
payable at a non-standard couple rate under Part 3 (see clauses 4 and 7 to 10) of Schedule 1AA of the New Zealand Superannuation and Retirement Income Act 2001; and
payable to a beneficiary who is not absent from New Zealand; or
payable—
to a beneficiary who is absent from New Zealand; and
as provided in any of sections 22 to 25 of the New Zealand Superannuation and Retirement Income Act 2001.
New Zealand superannuation—overseas
(16) This subclause designates New Zealand superannuation—
payable at any rate under the New Zealand Superannuation and Retirement Income Act 2001; and
payable to a beneficiary who is absent from New Zealand, and as provided in—
sections 26 to 35 of the New Zealand Superannuation and Retirement Income Act 2001; or
a reciprocity agreement adopted under section 380 of the Act; and
not payable to a beneficiary who is ordinarily resident in—
Australia; or
the United Kingdom of Great Britain and Northern Ireland.
Veteran’s pension—overseas
(17) This subclause designates a veteran’s pension—
payable to a beneficiary who is—
absent from New Zealand; and
not ordinarily resident in Australia; and
payable as provided in—
sections 181 to 196 of the Veterans’ Support Act 2014; or
a reciprocity agreement adopted under section 380 of the Act; and
not payable to a beneficiary who is ordinarily resident in—
Australia; or
the United Kingdom of Great Britain and Northern Ireland.
176B Universal review benefit or independent review benefit
What this regulation does
(1) This regulation states whether a specified benefit is a universal review benefit or an independent review benefit for the purposes of subpart 3A of Part 6 of the Act (see the definitions of those terms in section 310D of the Act).
Universal review benefit
(2) Each of the following specified benefits is a universal review benefit:
supported living payment (see regulation 176A(3)):
emergency benefit (see regulation 176A(8)):
accommodation supplement (see regulation 176A(9)):
disability allowance (see regulation 176A(11)):
New Zealand superannuation (see regulation 176A(15)).
Independent review benefit
(3) Each of the following specified benefits is an independent review benefit:
supported living payment—overseas (see regulation 176A(4)):
orphan’s benefit (see regulation 176A(5)):
orphan’s benefit—overseas (see regulation 176A(6)):
unsupported child’s benefit (see regulation 176A(7)):
childcare assistance (see regulation 176A(10)):
special benefit (see regulation 176A(13)):
widow’s benefit—overseas (see regulation 176A(14)):
New Zealand superannuation—overseas (see regulation 176A(16)):
veteran’s pension—overseas (see regulation 176A(17)).
176C Review start deadline: universal review benefit
Deadline: 52 weeks after last review date
(1) The review start deadline for a review under section 310A of the Act of a universal review benefit is 52 weeks after the last review date.
Last review date: if any universal review benefit is main benefit
(2) If a universal review benefit granted to, or in respect of the beneficiary, is a main benefit, the last review date is whichever is the last to occur of the following dates:
the date on which that main benefit commenced:
the date on which that main benefit was last reviewed under section 304 or 310A of the Act.
Last review date: if universal review benefit is supplementary benefit
(3) If no universal review benefit granted to, or in respect of the beneficiary, is a main benefit, the last review date is whichever is the last to occur of the following dates:
the earliest of the dates on which the beneficiary’s 1 or more specified benefits that are supplementary benefits commenced:
the last of the dates on which the beneficiary’s 1 or more specified benefits that are supplementary benefits was or were last reviewed under section 310A of the Act.
(4) In subclause (3), a supplementary benefit means—
an accommodation supplement; or
a disability allowance.
176D Review start deadline: independent review benefit
Deadline: general rule: 52 weeks after last review date
(1) The review start deadline for a review under section 310A of the Act of any of the following is 52 weeks after the last review date:
supported living payment—overseas (see regulation 176A(4)):
orphan’s benefit (see regulation 176A(5)):
orphan’s benefit—overseas (see regulation 176A(6)):
unsupported child’s benefit (see regulation 176A(7)):
childcare assistance (see regulation 176A(10)):
widow’s benefit—overseas (see regulation 176A(14)):
New Zealand superannuation—overseas (see regulation 176A(16)):
veteran’s pension—overseas (see regulation 176A(17)).
Last review date: general
(2) The last review date of the benefit mentioned in any of paragraphs (a) to (f) of subclause (1) is whichever is the last to occur of the following dates:
the date on which that benefit commenced:
the date on which that benefit was last reviewed under section 310A of the Act:
if that benefit is either of the following, the date on which MSD last confirmed whether the information MSD holds regarding the beneficiary’s circumstances is correct:
orphan’s benefit (see regulation 176A(5)):
unsupported child’s benefit (see regulation 176A(7)).
Last review date: New Zealand superannuation—overseas, and veteran’s pension—overseas
(3) The last review date of the benefit mentioned in either of paragraphs (g) and (h) of subclause (1) is whichever is the last to occur of the following dates:
the date on which that benefit commenced to be payable to a beneficiary who is absent from New Zealand, and as provided in—
sections 26 to 35 of the New Zealand Superannuation and Retirement Income Act 2001; or
sections 181 to 196 of the Veterans’ Support Act 2014; or
a reciprocity agreement adopted under section 380 of the Act; or
the date on which that benefit was last reviewed under section 310A of the Act.
Exception: deadline: special benefit
(4) The review start deadline for a review under section 310A of the Act of a special benefit (see regulation 176A(13)) is—
13 weeks after the last review date (if it is the last review date in subclause (5)(a) or (6)(a)); or
26 weeks after the last review date (if it is the last review date in subclause (5)(b) or (6)(b), (c), or (d)).
(5) The last review date of the benefit mentioned in subclause (4), if it commenced at or after the start of 30 November 2026 (which is the time that subpart 3A of Part 6 of the Act started to apply to special benefit), is whichever is the last to occur of the following dates:
the date on which that benefit commenced:
the date (on which that benefit was last required to be reviewed under section 310A of the Act, regardless of whether, and if so, when, it was so reviewed, and) that is 26 weeks after the end of—
the 13-week period in subclause (4)(a); or
the last 26-week period in subclause (4)(b).
(6) The last review date of the benefit mentioned in subclause (4), if it commenced before the start of 30 November 2026 (which is the time that subpart 3A of Part 6 of the Act started to apply to a special benefit), is whichever is the last to occur of the following dates:
the date on which that benefit commenced:
the date on which that benefit was last reviewed (as a periodic review) under section 304 of the Act—
before the start of 30 November 2026; and
at, or about 13 weeks after, the time that benefit commenced; or
the date on which that benefit was last reviewed under section 304 of the Act—
before the start of 30 November 2026; and
at, or about 26 weeks after, the last previous periodic review of that benefit under section 304 of the Act; or
the date (on which that benefit was last required to be reviewed under section 310A of the Act, regardless of whether and, if so, when, it was so reviewed) that is 26 weeks after the end of—
the 13-week period in subclause (4)(a); or
the last 26-week period in subclause (4)(b).
176E 3-year rule benefits
What this regulation does
(1) This regulation states whether a specified benefit is a 3-year rule benefit for the purposes of subpart 3A of Part 6 of the Act (see the definition of that term in section 310D of the Act).
3-year rule benefits
(2) Each of the following specified benefits is a 3-year rule benefit:
supported living payment (see regulation 176A(3)):
supported living payment—overseas (see regulation 176A(4)):
emergency benefit (see regulation 176A(8)):
accommodation supplement (see regulation 176A(9)):
childcare assistance (see regulation 176A(10)):
disability allowance (see regulation 176A(11)):
special benefit (see regulation 176A(13)):
widow’s benefit—overseas (see regulation 176A(14)):
New Zealand superannuation (see regulation 176A(15)).
176F Benefits to which supplementary benefit rule applies
A specified benefit is one to which section 310P of the Act applies (see section 310P(1)(a) of the Act) if it is any of the following:
accommodation supplement (see regulation 176A(9)):
childcare assistance (see regulation 176A(10)):
disability allowance (see regulation 176A(11)):
special benefit (see regulation 176A(13)).
176G Circumstances prescribed for exception to review
What this regulation does
(1) This regulation prescribes circumstances (within or outside New Zealand) for the exception under section 310G(3) of the Act from the requirement for MSD to undertake and complete a review under section 310A of the Act (see the definition of prescribed circumstances in section 310G(4) of the Act).
Circumstances prescribed
(2) This regulation prescribes each of the following circumstances:
the beneficiary—
is a patient in hospital care within the meaning of section 4(1) of the Health and Disability Services (Safety) Act 2001; and
has been in hospital for a period of more than 13 weeks:
the beneficiary is in residential disability care or rest home care within the meaning of section 4(1) of the Health and Disability Services (Safety) Act 2001:
the beneficiary resides in, or is present in and cannot reasonably leave, an area in respect of which a state of local emergency or state of national emergency is in force under Part 4 of the Civil Defence Emergency Management Act 2002:
the beneficiary resides in, or is present in and cannot reasonably leave, an area outside New Zealand in respect of which a broadly equivalent foreign local or national state of emergency is in force:
the beneficiary resides in, or is present in and cannot reasonably leave, an area that is or may be affected by an outbreak of a quarantinable disease in respect of which an epidemic notice has been given, and is in force, under section 5(1) of the Epidemic Preparedness Act 2006:
the beneficiary resides in, or is present in and cannot reasonably leave, an area outside New Zealand in respect of which broadly equivalent foreign legislative measures, or administrative measures, for a quarantinable disease are in force or in operation.
Prescribed circumstances do not apply to 1 or more specified benefits
(3) Circumstances prescribed by subclause (2)(a) and (b) do not apply to a beneficiary for the purposes of section 310G(3) of the Act if the beneficiary is being paid, or was paid, a specified benefit that is either of the following:
an orphan’s benefit (see regulation 176A(5)):
an unsupported child’s benefit (see regulation 176A(7)).
(4) Circumstances prescribed by subclause (2)(a) to (f) do not apply to a beneficiary for the purposes of section 310G(3) of the Act if the beneficiary is being paid, or was paid, a specified benefit that is either of the following:
childcare assistance (see regulation 176A(10)):
a special benefit (see regulation 176A(13)).
176H Specified benefits excluded from exemptions
Each of the following specified benefits is excluded from an exemption under section 310H of the Act (see section 310H(2)(b) of the Act):
childcare assistance (see regulation 176A(10)):
a special benefit (see regulation 176A(13)).
176I Specified benefit excluded from extensions
A specified benefit is excluded from an extension under section 310K(4) of the Act (see section 310K(4)(b) of the Act) if that specified benefit is special benefit (see regulation 176A(13)).