Legislation > Social Security Act 1964
Contents
Unofficial consolidation of the Social Security Act 1964
-- as at 24 September 2007
Section 1. Short Title and commencement
Part 1. Monetary benefits
Section 2. Administration [Repealed]
Section 3A. Delegation of powers by Minister [Repealed]
Administration
Section 4. Social Security Department [Repealed]
Section 5. Chief executive to comply with directions
Section 6. Social Security Commission [Repealed]
Section 7. Acting Commissioners [Repealed]
Section 8. Commissioners, Acting Commissioners, and other officers to be appointed under State Services Act 1962 [Repealed]
Section 9. Meetings of Commission [Repealed]
Section 10. Delegation of Director-General's powers [Repealed]
Section 10A. Review of decisions
Section 11. Power to obtain information
Section 11A. Power to obtain information for matching purposes
Section 11B. Code of conduct applying to obtaining information under section 11
Section 11C. Matters to be included in code of conduct
Section 11D. Application process for benefits
Section 12. Investigation of claims and grant of benefits
Appeal Authority
Section 12A. Social Security Appeal Authority
Section 12B. Term of office of members
Section 12C. Extraordinary vacancies
Section 12D. Special Appeal Authorities
Section 12E. Deputies of members
Section 12F. Remuneration and travelling allowances
Section 12G. Services for Appeal Authority
Section 12H. Authority to have seal
Section 12I. Functions of Appeal Authority
Section 12K. Procedure on appeal
Section 12L. Expenses payable to appellants
Section 12M. Hearing and determination of appeal
Section 12N. Sittings of Appeal Authority
Section 12OA. Costs incurred by Authority
Section 12P. Notice of decision
Section 12Q. Appeals to High Court on questions of law only
Section 12R. Appeals to Court of Appeal
National superannuation
Section 13. National superannuation [Repealed]
Section 14. Residential qualification for national superannuation [Repealed]
Section 15. Rates of national superannuation [Repealed]
Section 16. Special provisions in respect of married couples where 1 spouse not entitled to national superannuation [Repealed]
Section 17. Commencement and payment of national superannuation [Repealed]
Section 18. Termination of national superannuation on death of recipient [Repealed]
Section 19. Special income exemption where application for benefit deferred [Repealed]
Section 19. Special allowance for South African War veterans [Repealed]
Section 20. Additional benefit for South African War veterans [Repealed]
Widows' benefits
Section 22. Benefits to wives of mental patients [Repealed]
Section 23. Benefits to deserted wives [Repealed]
Section 24. Rates of widows' benefits
Section 25. Special provisions as to benefits for deserted wives [Repealed]
Section 26. Continuation of benefit to deserted wife after divorce [Repealed]
Section 27. Continuation of widow's benefit when benefit ceases to be payable in respect of children [Repealed]
Domestic purposes benefits
Section 27B. Domestic purposes benefits for solo parents
Section 27C. Domestic purposes benefits for women alone
Section 27E. Continuation of domestic purposes benefit when benefit ceases to be payable in respect of children [Repealed]
Section 27F. Special provisions as to maintenance [Repealed]
Section 27G. Domestic purposes benefits for care at home of the sick or infirm
Section 27H. Rates of domestic purposes benefits
Contribution towards cost of domestic purposes benefits for solo parents
Section 27I. Interpretation [Repealed]
Section 27J. Maintenance order or agreement suspended while benefit paid, etc [Repealed]
Section 27K. Increasing minimum liable parent contribution [Repealed]
Section 27L. Director-General to give liable parent notice of grant of benefit [Repealed]
Section 27M. Liable parent to notify total income [Repealed]
Section 27N. Director-General to assess contribution and notify liable parent [Repealed]
Section 27O. Notice of objection [Repealed]
Section 27P. Grounds on which objection may be made [Repealed]
Section 27Q. Procedure to be followed where objection received [Repealed]
Section 27R. Hearing of objection by Court [Repealed]
Section 27S. Findings of Court [Repealed]
Section 27T. Appeal from decisions of Courts [Repealed]
Section 27U. Proceedings not open to public [Repealed]
Section 27V. Restrictions of publication of reports [Repealed]
Section 27W. Costs [Repealed]
Section 27X. Recovery of unpaid contributions [Repealed]
Section 27Y. Deduction notices [Repealed]
Section 27Z. Effect of deduction notices [Repealed]
Section 27ZA. Liability of employer [Repealed]
Section 27ZB. Protected earnings [Repealed]
Section 27ZC. Variation or discharge of deduction notice [Repealed]
Section 27ZD. Transaction fee [Repealed]
Section 27ZE. Wrongful treatment of employee [Repealed]
Section 27ZF. Extent to which deduction notices bind the Crown [Repealed]
Section 27ZG. Relief in cases of serious hardship [Repealed]
Section 27ZH. Review of contributions [Repealed]
Section 27ZI. Service of notices [Repealed]
Orphans' benefits
Section 29. Unsupported child's benefit
Section 29A. Rates of orphan's benefit and unsupported child's benefit
Section 30. Period for which orphan's benefit payable [Repealed]
Section 31. Orphan's benefit and unsupported child's benefit to be used for benefit of child
Family benefits
Section 32. Family benefit [Repealed]
Section 33. Residential qualifications for family benefit [Repealed]
Section 34. Rate of family benefits [Repealed]
Section 35. Period for which family benefit payable [Repealed]
Section 36. Advance payment of family benefit [Repealed]
Section 37. Person to whom family benefit payable [Repealed]
Section 38. Family benefit to be expended for maintenance of children [Repealed]
Section 39. Payment of family benefit not to restrict right to maintenance, compensation, or damages [Repealed]
Child disability allowance
Section 39A. Child disability allowance
Section 39B. Rate of child disability allowance
Section 39C. Medical examination may be required
Section 39D. Child disability allowance not payable with other benefit or pension
Section 39E. Person to whom child disability allowance payable
Section 39F. Right of appeal [Repealed]
Invalids' benefits
Section 39F. Purpose of invalid's benefit
Section 41. Residential qualifications for invalids' benefits [Repealed]
Section 42. Rates of invalids' benefits
Section 42A. Obligations on spouse or partner of invalid's beneficiary
Section 43. Subsidy on earnings of blind beneficiaries
Section 44. Medical examination of invalids
Section 45. Right of appeal on medical grounds [Repealed]
Section 45. Invalids' beneficiaries may be required to undertake activities [Repealed]
Section 46. Refusal to undertake vocational training [Repealed]
Section 47. Miners' benefits [Repealed]
Section 47. Procedure for assessment of capacity for work [Repealed]
Section 48. Residential qualifications for miners' benefits [Repealed]
Section 48. Assessment of capacity for work [Repealed]
Section 49. Rates of miners' benefits [Repealed]
Section 50. Medical examination of applicants for miners' benefits [Repealed]
Section 50. Effect of assessment [Repealed]
Section 51. Right of appeal on medical grounds [Repealed]
Section 51. Reassessment [Repealed]
Section 52. Funeral grant on death of miner [Repealed]
Section 53. Miners' widows' benefits [Repealed]
Appeals
Section 53A. Right of appeal on medical grounds
Sickness benefits
Section 54. Sickness benefits [Repealed]
Section 54. Sickness benefit: standard eligibility requirements
Section 54A. Sickness benefit for a married person [Repealed]
Section 54A. Sickness benefit: grounds of hardship
Section 54B. Sickness benefit: medical examinations
Section 54C. Sickness benefit: payment [Repealed]
Section 54D. Rates of sickness benefit
Section 54E. Obligations of spouse or partner of sickness beneficiary
Section 54F. Transfer from community wage to sickness benefit on 1 July 2001
Section 55. Rates of sickness benefit [Repealed]
Section 56. Medical examination of applicants for sickness benefits [Repealed]
Section 57. Period for which sickness benefit payable [Repealed]
Unemployment benefits
Section 58. Unemployment benefits [Repealed]
Section 59. Rates of unemployment benefits [Repealed]
Section 59A. Mandatory interview or work test for spouse [Repealed]
Young job seekers' allowances
Section 59B. Young job seekers' allowances [Repealed]
Section 59C. Rates of young job seekers' allowances [Repealed]
Section 59D. Spouse of young job seeker's allowance recipient [Repealed]
Section 59E. Period for which young job seeker's allowance payable [Repealed]
Section 60. Commencement of unemployment benefit, etc [Repealed]
Training Benefits
Section 60A. Training benefits: purpose [Repealed]
Section 60AA. Training benefits: qualifications [Repealed]
Section 60B. Rates of training benefits [Repealed]
Section 60C. Period for which training benefit payable [Repealed]
Section 60D. Job search allowance [Repealed]
Section 60E. Rates of job search allowance [Repealed]
Section 60F. Independent youth benefits: basic qualifications
Section 60FA. Independent youth benefits: single persons
Section 60FD. Independent youth benefits: sickness, injury, or disability
Section 60G. Rates of independent youth benefit
Section 60GAA. Period for which independent youth benefit payable
Section 60GAB. Independent youth benefits: obligations
Section 60GAC. Department to explain obligations to beneficiaries
Further conditions of benefits
Section 60GA. Purposes of sections 60H to 60M [Repealed]
Section 60H. Voluntary unemployment or loss of employment through misconduct, etc.
Section 60HA. Work preparation exercise
Section 60HB. Effect of failure to attend or participate in mandatory interview [Repealed]
Section 60HC. Beneficiaries to be work tested [Repealed]
Section 60HCA. General duty of Director-General to ensure that work-tested beneficiaries aware of obligations [Repealed]
Section 60HD. Power of chief executive to grant exemption from compliance with request under section 60HA or work test [Repealed]
Section 60HE. Persons exempted from mandatory interview or work test to notify change of circumstances [Repealed]
Section 60HF. Delay of work test obligation for existing beneficiaries [Repealed]
Section 60I. Effect of redundancy payments, etc, on entitlement to benefits [Repealed]
Section 60J. Failure to comply with work test [Repealed]
Section 60JA. Penalty for failure to attend or participate in mandatory interview or comply with work test [Repealed]
Section 60JB. Effect of recompliance with mandatory interview or work test [Repealed]
Section 60JC. Reduction of benefit or non-entitlement period to end if person ceases to be subject to mandatory interview or work-testing [Repealed]
Section 60K. Effect of undertaking employment [Repealed]
Section 60KA. Effect of participation in approved activities [Repealed]
Section 60L. Effect of sections 60H to 60J and section 60N on entitlement to supplementary benefits and on spouses [Repealed]
Section 60M. Community task force scheme [Repealed]
Section 60N. Effect of failure to participate in community task force project [Repealed]
Section 60P. Purpose of sections 60Q to 60Z
Section 60Q. Personal development and employment plans
Section 60R. Developing and reviewing personal development and employment plans
Section 60U. Failure to comply with personal development and employment plan obligations
Section 60V. Procedure for determining whether failure is without good and sufficient reason
Section 60W. Failure without good and sufficient reasons
Section 60X. Procedure for imposing sanctions
Section 60Z. Effect of compliance or agreement to comply
Emergency benefits
Section 61. Chief executive may grant emergency benefit in cases of hardship
Child supplement.
Section 61A. Child supplement [Repealed]
Section 61A. Obligations of spouse or partner of person granted emergency benefit
Section 61B. Application of maintenance provisions to child supplement [Repealed]
Section 61C. Special powers of chief executive in respect of maintenance
Section 61CA. Maintenance payable to Crown
Epidemics
Section 61CB. Payment of benefits during epidemic in New Zealand
Section 61CC. Granting of emergency benefits during epidemic in New Zealand
Section 61CD. During epidemic benefits may be granted without normal investigations
Section 61CE. Overseas epidemics affecting visitors to New Zealand
Section 61CF. Special assistance for visitors affected by overseas epidemics
Lump sum payments after death
Section 61DA. Cessation of benefit on death [Repealed]
Section 61DA. Restrictions on payment of funeral grants
Section 61DB. Continuation of benefit after death of beneficiary [Repealed]
Section 61DB. Payment of funeral grants where there is a surviving spouse or partner or children
Section 61DC. Payment of funeral grants where there is no surviving spouse or partner or children
Section 61DD. Children's funeral grants
Section 61DE. Method of making payments
Section 61DF. Method of making payments [Repealed]
Section 61DG. Applications for lump sum payments after death [Repealed]
Accommodation supplement
Section 61DH. Purpose of accommodation supplement
Section 61EA. Accommodation supplement
Section 61EC. Rates of accommodation supplement
Section 61F. Rates of accommodation benefit [Repealed]
Section 61FA. Rent rebate entitlement [Repealed]
Section 61FB. Rate of rebate [Repealed]
Section 61FC. Tenure protection allowance [Repealed]
Section 61FD. Rate of tenure protection allowance [Repealed]
Temporary additional support
Section 61G. Temporary additional support
Childcare assistance
Section 61GA. Childcare assistance
Alteration of rates of benefits
Section 61H. Rates of benefits, etc., may be increased by Order in Council
Section 61I. Areas for accommodation supplement purposes may be altered by Order in Council
Miscellaneous provisions as to monetary benefits
Section 62. Grant or renewal of benefit after death of applicant
Section 63. Conjugal status for benefit purposes
Section 63A. Provisions relating to children who continue education
Section 64. Mode of ascertaining income for benefit purposes
Section 65. Adjustment of anomalies due to receipt of income subject to income tax [Repealed]
Section 66. Exemption of income from friendly or like society
Section 66A. Special exemption for severe disablement
Section 67. Exemption of income from domestic or nursing service [Repealed]
Section 68. Exemption of income from former home property
Section 68A. Special provisions applying to insurance payments
Section 69A. Telephone-service-rental allowance [Repealed]
Section 69B. Television-licence-fee concessions [Repealed]
Section 69C. Disability allowance
Section 69D. Transition to work allowance [Repealed]
Section 69E. Interpretation [Repealed]
Section 69F. Financial means assessments [Repealed]
Section 69FA. Financial means assessments for home-based disability support services
Overseas Pensions
Section 69G. Reasonable steps to be taken to obtain overseas pension
Section 69H. Information on rate of overseas pension to be provided
Section 69I. Duty of chief executive to assist
Section 70. Rate of benefits if overseas pension payable
Section 70A. Rates of benefits for sole parents may be reduced
Section 70B. Entitlement to benefits in cases of shared custody
Section 71. Special provisions where compensation or damages recoverable by applicant
Section 71A. Deduction of weekly compensation from income-tested benefits
Section 72. Limitation where applicant receiving another benefit or war pension
Section 74. Limitation in certain other cases
Section 74AA. Residential requirements for certain benefits
Section 74A. Persons unlawfully resident or present in New Zealand
Section 75. Beneficiaries in hospital
Section 75A. Beneficiaries in institutions under Alcoholism and Drug Addiction Act 1966
Section 76. Forfeiture of benefit during detention in a prison
Section 77. Effect of absence of beneficiary from New Zealand
Section 78. Effect of absence of beneficiary from New Zealand on residential qualification
Section 80. Commencement of benefits
Section 80A. Duty to advise change of circumstances affecting entitlement to benefit
Section 80BA. Calculation of stand down
Section 80BB. Delayed redundancy and retirement payments
Section 80BC. Seasonal workers made redundant after benefit commences
Section 80BD. Ending of benefits
Section 81. Review of benefits
Section 82. Payment of benefits
Section 82A. Duty to supply tax file number and consequence of failure to do so
Section 83. Apportionment of benefit between spouses or partners
Section 84. Benefits to be inalienable
Section 84A. Payment of benefit not to restrict right to maintenance
Section 85. Termination of benefit on death of beneficiary [Repealed]
Section 85A. Payments that are debts due to the Crown
Section 86. Recovery of payments made in excess of authorised rates
Section 86A. Interpretation [Repealed]
Section 86A. Deduction of benefit debts
Section 86B. Family care grants [Repealed]
Section 86B. Issue of deduction notice to State sector employer
Section 86C. Entitlement to family care grants [Repealed]
Section 86C. Discharge of debt
Section 86D. Rates of family care grants [Repealed]
Section 86D. Deduction notices issued on banks
Section 86E. Special family care grants [Repealed]
Section 86E. Deductions held in trust
Section 86F. Rates of grants may be altered by Order in Council [Repealed]
Section 86F. Offences in relation to deduction notices
Section 86G. Person to whom family care grant payable [Repealed]
Section 86G. Protected earnings
Section 86H. Commencement of family care grants [Repealed]
Section 86H. Variation or discharge of deduction notice
Section 86I. Duration of family care grants [Repealed]
Section 86I. Penalty for late deductions
Section 86J. Review of grants [Repealed]
Section 86K. Cessation of family care grants [Repealed]
Section 86L. Renewal of family care grants [Repealed]
Section 86M. Duty to advise change of circumstances, etc, affecting entitlement to grants [Repealed]
Section 86N. Method of ascertaining income [Repealed]
Section 86O. Overpayments [Repealed]
Section 86P. Application to family care grants of certain provisions of Part 1 [Repealed]
Part 2. Unemployment benefit and work testing
Section 87. Purposes of this Part [Repealed]
Section 88. Overview of this Part [Repealed]
Unemployment benefit
Section 89. Unemployment benefit: standard eligibility requirements
Section 90. Unemployment benefit: grounds of hardship
Section 91. Unemployment benefit: ineligibility
Section 92. Community wage: application on the grounds of sickness, injury, or disability [Repealed]
Section 93. Community wage: determination of application [Repealed]
Section 93A. Increasing fees for urgent general medical services for children on weekends and public holidays and at night [Repealed]
Section 94. Community wage: job seeker contract [Repealed]
Section 94A. Rural practice bonuses [Repealed]
Section 95. Job seeker contract for other beneficiaries [Repealed]
Section 96. Community wage: not payable until job seeker contract signed [Repealed]
Section 96A. Unemployment benefit: pre-benefit activities
Section 96B. Department must explain obligations in relation to pre-benefit activities
Section 97. Unemployment benefit: obligations on beneficiaries
Section 98. Unemployment benefit: payment
Section 99. Unemployment benefit: rates
Section 99A. Transfer from community wage to unemployment benefit on 1 July 2001
Section 100. Department's obligations in respect of work testing and community wage [Repealed]
Work test
Section 101. Purpose of section 60H and sections 102 to 132D [Repealed]
Section 102. Application and obligations of work test
Section 103. Delayed application of work test: age of dependent child
Section 104. Delayed application of work test: bereavement or separation [Repealed]
Section 104A. Transitional provision dealing with deferrals
Section 105. Exemption from obligations
Job seeker agreements
Section 105A. Description of job seeker agreement and responsibilities arising from it
Section 105B. Entering into and reviewing job seeker agreement
Section 105C. Department to explain to beneficiaries their rights and obligations
Section 105D. Job seeker contracts to have effect as job seeker agreements
Section 106. Application for deferral of work-test obligations [Repealed]
Section 107. Chief executive may defer work-test obligations [Repealed]
Section 108. Effect of deferral [Repealed]
Section 109. Persons who are to notify change of circumstances affecting exemption or deferral [Repealed]
Job seeker development activities
Section 110. Defining job seeker development activities
Section 111. Assistance provided by department
Section 112. Organised activities to have effect as job seeker development activities
Sanctions regime
Section 113. Procedure for imposing sanctions
Section 115. Failure to comply with work test
Section 115A. Failure to comply with obligations under section 60GAB
Section 116. Failure to participate in activity under section 60HA [Repealed]
Section 117. Sanctions that may be imposed for failures
Section 118. Penalties for failure to participate in organised activity to satisfaction of chief executive [Repealed]
Section 119. Calculation of failure rate
Section 121. Effect of sanctions on benefit of sole parent
General provisions
Section 122. Meaning of recompliance
Section 123A. Effect of employment on non-entitlement period
Section 123B. Effect of participation in certain activities on non-entitlement period
Section 123C. Application of Health and Safety in Employment Act 1992 and Human Rights Act 1993
Part 3. General Provisions
Section 124. Money payable out of Crown Bank Account
Section 124A. Payment of supplementary assistance may be deemed an advance [Repealed]
Section 125. Advances to beneficiaries and war pensions for repair and maintenance of home, etc [Repealed]
Section 126. Cost of repair and replacement of artificial limbs
Section 126B. Certain grounds of discrimination in Human Rights Act 1993 not to apply
Section 128. Proceedings for offences
Section 129. General penalty for offences
Section 130. Exemptions from stamp duty [Repealed]
Section 131A. Disclosure of information between Department of Social Welfare and Department of Labour [Repealed]
Section 131B. Definitions for purposes of sections 131C and 131D [Repealed]
Section 131C. Notice of decision to suspend, reduce, or cancel work-tested benefit [Repealed]
Section 131D. Reduction of notice period [Repealed]
Section 131E. Notices [Repealed]
Section 131F. Jurisdiction of Privacy Commissioner [Repealed]
Section 131G. Privacy Commissioner to report on compliance with section 131C [Repealed]
Section 132A. Regulations providing for issue and use of entitlement cards
Section 132AB. Regulations relating to temporary additional support
Section 132AC. Regulations relating to childcare assistance
Section 132B. Regulations providing for assessment of financial means of people requiring disability services [Repealed]
Section 132C. Regulations relating to overseas pensions
Section 132E. Regulations relating to work capacity assessment [Repealed]
Section 132F. Regulations providing for participation allowance
Section 132G. Regulations providing for remittance or suspension of debt
Section 132H. Rules providing for determination of incomes of certain people by chief executive
Section 132J. Regulations stating pre-benefit activities
Section 134. Consequential amendment [Repealed]
Section 135. Repeals and savings
Part 4. Long-term residential care in hospital or rest home
Section 136AA. Purpose of this Part
Section 136AB. Overview of this Part
Needs assessment
Liability to pay
Section 139. Personal obligation to pay for care
Section 142. Funder's liability in respect of exempt persons and elderly victims of crime
Section 143. Residents assessed as requiring care aged 50 to 64 not required to pay out of assets
Means assessment
Section 144. Application for means assessment
Section 145. Date of means assessment
Section 146. Means assessment as to assets
Section 147. Means assessment as to income
Section 147A. Deprivation of assets and income
Section 148. Notice of means assessment (including reviews)
Section 149. Obligation to advise change of circumstances and right to apply for review
Section 150. Review of means assessment
Section 151. Conjugal status for purpose of means assessment
Miscellaneous
Section 152. Maximum contributions set by Gazette notice
Section 153. Residential care loan scheme
Section 154. Clothing allowance
Section 155. Regulations relating to this Part
Schedules
Schedule 1. Rates of superannuation benefits [Repealed]
Schedule 2. Rates of age benefits [Repealed]
Schedule 3. Rates of widows' benefits
Schedule 4. Maximum rates of orphans' benefits and unsupported childs' benefits
Schedule 5. Rates of family benefits [Repealed]
Schedule 6. Rates of invalids' benefits
Schedule 7. Rates of miners' benefits and miners' widows' benefits [Repealed]
Schedule 11. Special income exemption in respect of earnings from domestic and nursing service [Repealed]
Schedule 13. Enactments repealed
Schedule 14. Child supplements [Repealed]
Schedule 15. Maximum rate of rehabilitation allowance [Repealed]
Schedule 16. Rates of domestic purposes benefits
Schedule 17. Rates of domestic purposes benefits
Schedule 18. Accommodation supplement
Schedule 19. Rates of child disability allowance and disability allowance
Schedule 20. Telephone-rental and television-licence-fee concessions (limits of income for persons in receipt of New Zealand superannuation) [Repealed]
Schedule 20. Rates of contributions by liable parents to cost of domestic purposes benefit [Repealed]
Schedule 21. Rates of family care grants [Repealed]
Schedule 22. Rates of benefits payable to long-term hospital patients
Schedule 23. Transition to work allowance [Repealed]
Schedule 24. Rates of national superannuation [Repealed]
Schedule 25. Rate of telephone-service-rental allowance [Repealed]
Schedule 26. Rates of independent youth benefits
Schedule 27. Means assessment under Part 4
Schedule 28. Period of benefit stand down
Schedule 29. Powers, functions, and discretions of the Director-General that may be delegated to the chief executive of the Department of Labour [Repealed]
Schedule 31. Asset and income limits that may be applied to certain assistance