A revocation and replacement to this notice was published on 3 August 2021, Notice No. 2021-go3263.

Notice Type
Departmental
Notice Title

Notice Under the Social Security Act 2018

Notice is given of the making of the following instruments by the Minister for Social Development and Employment.

Authority for Instrument

Title or Subject Matter

Date of Enactment

Social Security Act 2018, section 7

Direction in relation to Special Benefit Amendment (No 2) 2021

02/06/21

This instrument, which comes into force on 11 June 2021 amends the Ministerial Direction in relation to Special Benefit given on 10 February 1999 and made under the Social Security Act 1964 (and saved by Schedule 1 of the Social Security Act 2018). The amendment excludes as a person’s chargeable income for a period of 12 months—

  • any lump sum residential care subsidy refund made to a person on or after 11 June 2021, and arising from a retrospective review of any means assessment (for example, any assessments of cash assets, chargeable income, or income) by the Ministry of Social Development following the decision in Chief Executive of the Ministry of Social Development v Broadbent [2019] NZCA 201:
  • any income derived from such a payment.

Authority for Instrument

Title or Subject Matter

Date of Enactment

Social Security Act 2018, section 7

Direction in relation to Special Benefit Amendment (No 2) 2021

11/06/21

This instrument, which comes into force on 11 June 2021 amends the Ministerial Direction in relation to Special Benefit given on 10 February 1999 and made under the Social Security Act 1964 (and saved by Schedule 1 of the Social Security Act 2018). The amendment amends the definition of “lump sum residential care subsidy refund” to exclude these payments as a person’s chargeable income for a period of 12 months.

Authority for Instrument

Title or Subject Matter

Date of Enactment

Social Security Act 2018, section 7

Direction in relation to Special Benefit Amendment (No 3) 2021

14/06/21

This instrument, which comes into force on 15 June 2021 amends the Ministerial Direction in relation to Special Benefit given on 10 February 1999 and made under the Social Security Act 1964 (and saved by Schedule 1 of the Social Security Act 2018). The amendment amends the date the definition of “lump sum residential care subsidy refund” comes into effect and makes minor and technical layout changes to clause 2 of the Ministerial Direction.

A copy of these instruments are available for free at: https://www.msd.govt.nz/about-msd-and-our-work/about-msd/legislation/notice-of-change.html.

These instruments are disallowable instruments for the purposes of the Legislation Act 2012 and are administered by the Ministry for Social Development.

Dated this 30th day of June 2021.

Hon CARMEL SEPULONI, Minister for Social Development and Employment.