Page:Social Security Act 2018.pdf/27

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2018 No 32
Social Security Act 2018
Part 1 s 8

(3)MSD must, in performing or exercising a duty, function, or power, comply with all relevant current directions given under this section.

(4)A direction given under this section—

(a)must, as soon as practicable after it is given, be—

(i)published on an Internet site administered by or on behalf of MSD; and

(ii)notified in the Gazette; and

(b)must, each time it is amended without also being replaced, as soon as practicable after it is amended, be published—

(i)on an Internet site administered by or on behalf of MSD; and

(ii)as at a stated date; and

(iii)incorporating amendments up to that date; an

(c)is not a legislative instrument, but is a disallowable instrument, for the purposes of the Legislation Act 2012, and must be presented to the House of Representatives not only—

(i)as soon as practicable; but also

(ii)under section 41 of that Act.

(5)A notification in the Gazette for the purpose of subsection (4)(a)(ii) does not have to include the text of the direction.

Compare: 1964 No 136 s 5

8Determinations person is single or in de facto relationship

(1)This section applies to a decision by MSD so far as the decision does all or any of the following:

(a)determines (that is, grants, or refuses to grant, on any basis) an application for a benefit:

(b)reviews (and suspends, cancels, or varies, from a date determined by MSD) a benefit already granted:

(c)determines the rate of benefit (from a date, or dates, determined by MSD):

(d)grants, or refuses to grant, on any basis, a payment of a funeral grant (see section 90):

(e)grants or refuses to grant, on any basis, a payment under an approved special assistance programme.

(2)MSD may make a determination to regard as single, for the purposes of the decision, an applicant or a beneficiary who is married or in a civil union with the applicant’s or beneficiary’s spouse or partner, but—

(a)is living apart from the applicant’s or beneficiary’s spouse or partner; and

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