Page:Social Security Act 2018 (Version 56).pdf/28

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Part 1 s 9
Social Security Act 2018
2018 No 32

(b)is not in a de facto relationship.

(3)A determination under subsection (2) may include a date, determined by MSD, on which the spouses or partners must be taken for the purposes of the decision to have commenced to live apart.

(4)MSD may make a determination to regard as a party to a de facto relationship, for the purposes of the decision, any 2 people who, not being legally married or in a civil union, have entered into a de facto relationship.

(5)A determination under subsection (4), for the purposes of the decision, may include either or both of the following dates:

(a)a date, determined by MSD, on which the 2 people must be taken as having entered into the de facto relationship:

(b)a date, determined by MSD, on which the de facto relationship of the 2 people must be taken to have ended.

(6)Every determination under this section also applies for the purposes of every debt-recovery or offence provision in or under this Act.

Compare: 1964 No 136 s 63

9Interpretation: references to old law, and using it as a guide

(1)A reference in an enactment or a document to the following former enactments or to a provision of them, is to be interpreted as a reference to this Act, or to the corresponding provision of this Act, to the extent necessary to reflect sensibly the intent of the enactment or document:

(a)the Social Security Act 1964 (except sections 69FA and 132D, Part 4, and Schedules 27 and 30, which are provisions rewritten and replaced by the Residential Care and Disability Support Services Act 2018):

(2)Subsection (1) is subject to the consequential amendments in Schedule 10.

(3)The provisions of this Act—

(a)are the provisions of those former enactments in rewritten form; and

(b)are intended to have the same effect as the corresponding provisions of those former enactments.

(4)Subsection (3) is subject to subsections (5) and (6) and section 11.

(5)If the meaning of a provision of this Act that comes into force under section 2 (the new law) is unclear or gives rise to absurdity, the wording of a law that is repealed by section 455 or 456 and that corresponds to the new law (the old law) must be used to ascertain the meaning of the new law.

(6)Subsections (3) to (5) do not apply—

(a)to a new law listed in Schedule 11 (identified changes in legislation); or

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