List of amendments

Source

Notes

Instrument amending Welfare Programmes (Modernisation - Automated Decision-Making - End of School Year) 2026

Gazette notice:
Number 2026-sl4414, dated 11 August 2026

Effective date: 4 September 2026

This instrument, which comes into force on 4 September 2026, amends nine welfare programmes under the Social Security Act 2018 in response to the amendments made through the Social Security (Modernisation) Amendment Act 2026 (Modernisation Act). The welfare programmes that are being amended are set out in Schedule 1 of this instrument.

The instrument inserts provisions into the specified welfare programmes to reflect policy changes for the end of school year review process under the Modernisation Act. Under this process, a dependent child is excluded from being included in a caregiver's benefit or special assistance once the child turns 18, unless the caregiver confirms (and the Ministry is satisfied) that the child is not financially independent and is in school or tertiary education. The child will then continue to be included in the caregiver's benefit or special assistance until the earlier of the child being financially independent, leaving school or tertiary education, or until 31 December following the child's 18th birthday.

The instrument incorporates the above policy changes into seven of the specified welfare programmes by inserting a new definition of dependent child in each programme. Under the new definition, the Ministry can include an 18 year old child as a dependent child for the purposes of an application for special assistance under each of the programmes, if either of the following circumstances apply:

• the applicant has an 18 year old child included in their benefit or special assistance as a dependent child under the relevant end of school year provisions of the Social Security Act 2018, or
• the applicant does not receive a benefit or special assistance under the Social Security Act to which the relevant end of school year provisions apply, but they have an 18 year old child who would meet the same criteria to be included as a dependent child in a benefit or special assistance (if those provisions did apply), in that the child is not financially independent and is in school or tertiary education.

The instrument also makes consequential amendments and minor editorial corrections to existing language in the welfare programmes.

These amendments ensure that the welfare programmes continue to operate as intended following the changes made by the Modernisation Act.

Instrument amending Ministerial Directions and Welfare Programmes (No 2) 2021

Gazette notice:
Number 2143, dated 1 June 2021

Effective date: 1 July 2021

This instrument, which comes into force on 1 July 2021, amends the specified ministerial directions and welfare programmes under section 101 of the Social Security Act 2018 in response to the removal of the "12 month rule" as facilitated by the Social Security (Financial Assistance for Caregivers) Amendment Bill which also comes into force on 1 July 2021. The 12 month rule refers to the requirement that in order for a caregiver to be eligible to receive the orphan's benefit or the unsupported child's benefit, they must be likely to be the principal caregiver of the child for at least 1 year from the date of the application for the payment. This instrument also amends the Direction in relation to Special Benefit to exclude allowances payable as a result of receiving the orphan's benefit or unsupported child's benefit from being considered "chargeable income".

Instrument amending Ministerial Directions and Welfare Programmes (No 2) 2018

Gazette notice:
Number 5345, dated 26 October 2018

Effective date: 26 November 2018

This instrument, which is made under sections 7 and 101 of the Social Security Act 2018 (the Act) and regulations 90 and 211 of the Social Security Regulations 2018 and comes into force on 26 November 2018, amends the Ministerial directions and welfare programmes under the Social Security Act 1964 (and saved by Schedule 1 of the Act) that are listed in the Schedule of this instrument in the manner set out in that Schedule. The amendments update references to provisions of the Social Security Act 1964 to equivalent provisions of the Act or the Social Security Regulations 2018 and for changes of language in the Act. It also revokes a spent direction and welfare programme.