Social Security Act 2018 (Version 56)/Part 3

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Part 3
Obligations

Contents

Subpart 1—Introduction
Guide to this Part
104 What this Part does
105 Failure to comply with obligation under this Part
Subpart 2—MSD’s obligations
Steps to make people affected aware of their obligations, etc
106 MSD must make people affected aware of their obligations, consequences of non-compliance, and their review and appeal rights
Steps to explain overseas absence rules
107 MSD must explain rules relating to absence from New Zealand
Steps to assist compliance with overseas pensions obligations
108 MSD must assist in relation to obtaining overseas pension, etc
Subpart 3—Beneficiaries’ obligations
Beneficiaries: general and specific obligations
109 Outline of beneficiary’s general and specific obligations
110 When obligations apply
General obligations: holding, and giving details of, bank account
111 Beneficiary must hold, and give MSD details of, bank account
General obligations: supplying tax file number
112 Beneficiary must supply tax file number
General obligations: notification of change of circumstances
113 Beneficiary must notify change of circumstances
Specific obligations: notification of absence from New Zealand
114 Obligation to notify absence from New Zealand
Specific obligations: work ability assessment
115 Obligation to undergo work ability assessment
116 Persons subject to work ability assessment
117 Persons not subject to work ability assessment
118 Work ability assessment
119 Person who fails to comply with requirement to undergo work ability assessment is subject to sanction
Specific obligations: work preparation
120 Work-preparation obligations
121 Persons subject to work-preparation obligations
122 Persons not subject to work-preparation obligations
123 Persons subject to work-preparation obligations if sufficient capacity to comply
124 General obligation to take all steps to prepare for employment
125 Work-preparation obligations as required by MSD
126 Person who fails to comply with work-preparation obligation subject to sanction
127 Obligations in relation to dependent children
128 Obligations of beneficiary in relation to dependent children
129 Obligations of spouse or partner of beneficiary in relation to dependent children of beneficiary
130 Obligations of spouse or partner of beneficiary in relation to dependent children of spouse or partner
131 Attendance of dependent child aged 3 to 5 years at early childhood education programme
132 Attendance of dependent child aged 5 or 6 years at early childhood education programme or registered school
133 Attendance of dependent child aged 6 to 15 years at registered school
134 Health care enrolment and compliance with core health checks
135 Interviews and reporting
136 Person who fails to comply with obligations in relation to dependent children is subject to sanction
137 Definitions and attendance: regulations made under section 430
Specific obligations: work-test obligations
138 Work-test obligations
139 Purpose of sections 140 to 154
140 Persons subject to work-test obligations
141 Jobseeker support: work capacity determination and work test
142 Person not subject to work-test obligations
143 Time when work-test obligation applies
144 General obligation to be available for suitable employment, etc
145 Meaning of suitable employment
146 Work-test obligations as required by MSD
147 Obligation to undertake and pass drug test
148 Compliant drug test defined
149 Failing drug test
150 Use of drug test result
151 Costs of drug test
152 Definitions for drug-testing provisions
153 Person who fails to comply with work-test obligations is subject to sanction
154 Deemed failure to comply with work-test obligation
Deferral of work-test obligations
155 Deferral of work-test obligations
156 Effect of deferral of work-test obligations
Exemptions: work-preparation, work-test, and other obligations
157 Regulations may specify categories of exempt persons and grounds for exemption
158 MSD may grant exemption from work-preparation, work-test, or other obligation
159 Donors of qualifying organs exempt from work-preparation, worktest, or other obligation while recuperating
160 Procedure for grant of exemption
161 Person who fails to comply with requirement to attend interview is subject to sanction
Specific obligations: young person granted youth support payment
162 Obligations of young person granted youth support payment
163 When education obligation or training obligation begins for young parent
Specific obligations: social obligations of young person granted young parent payment
164 Obligations of young person granted young parent payment
Specific obligations: young person aged 18 or 19 years who is receiving jobseeker support and who is at significant risk of longterm welfare dependency
165 Young person aged 18 or 19 years who is receiving jobseeker support in young person’s own right and who is at significant risk of long-term welfare dependency
Obligations of, and incentives for, young person who is spouse or partner of beneficiary
166 Young person aged 16 or 17 years who has no dependent child and who is spouse or partner of specified beneficiary
167 Young person aged 16 to 19 years who has dependent child and who is spouse or partner of specified beneficiary
168 Young person aged 18 or 19 years, who is receiving jobseeker support as spouse or partner of person granted that benefit, or who is work-tested spouse or partner of specified beneficiary, and who is at significant risk of long-term welfare dependency
169 Interpretation
Specific obligations: obligation to work with contracted service providers
170 Obligation to work with contracted service providers
171 Person who fails to comply with requirement under section 170(2) subject to sanction
General obligations: obligations in relation to overseas pensions
172 Interpretation
173 Applicant for benefit, etc, to take reasonable steps to obtain overseas pension
174 MSD may give notice requiring person to take reasonable steps to obtain overseas pension
175 MSD may give notice requiring person to take reasonable steps to obtain overseas pension for dependant
176 Failure to comply with MSD’s notice given under section 174 or 175
177 Applicant for benefit must provide information as to rate of overseas pension
178 MSD may give notice requiring beneficiary to provide information as to rate of overseas pension
179 Failure to comply with MSD’s notice given under section 178
180 Meaning of rate
Miscellaneous
181 Application of health and safety legislation, etc
182 Obligations suspended where MSD has exercised discretion to pay benefit while beneficiary overseas