Social Security Act 2018 coming into force
25 October 2018.
The new Social Security Act 2018 came into effect on 26 November 2018. It doesn't change anyone’s benefits or entitlements and it makes the legislation clearer and simpler to follow.
Three new Acts replace the previous Social Security Act 1964:
- Social Security Act 2018
- Residential Care and Disability Support Services Act 2018
- Artificial Limb Service Act 2018.
Under the new Residential Care Act and Regulations, MSD continues to conduct financial means assessments for the Residential Care Subsidy. The new Act doesn't change the way we do things or the policy governing our assessments.
The new Acts change the numbering of the legislation and some detail is now found in regulations. Information about the old and new numbering is in Schedule 12 of the new Act.
The new Acts replace some outdated terms with more inclusive language and plain English. MSD has updated all its websites, forms and letters with the new terms.
Below is a table about the new terms, and the extended functions that Nurse Practitioners can do for MSD clients.
New sets of Regulations
The Regulations for the Social Security Act 2018 have also been updated.
Twenty four separate Social Security regulations have been combined into one set with a clear layout and easy to find section headings. Some things in the old Social Security Act 1964 have moved into the Regulations. For example, the process for applying and assessing benefit applications.
Anything about residential care that was in the Social Security regulations has been moved into the new Residential Care and Disability Support Services Regulations 2018.
Glossary of new terms
Legislative references
|
Old term |
New term |
|
Social Security Act 1964 (SSA 1964) Social Welfare (Reciprocity Agreements and New Zealand Artificial Limb Service) Act 1990 |
Social Security Act 2018 (SSA 2018) Residential Care and Disability Support Services Act 2018 Artificial Limb Service Act 2018 |
| Old term | New term | Reason |
| Abate/Abatement | Reduce or reduction | Plain English change |
| Analogous | Equivalent | Plain English change |
| ‘an income of less than the amount that would fully abate that benefit’ | Minimum income |
Simplified term This change replaces the term ‘an income of less than the amount that would fully abate that benefit’ and other similar terms. This is found in the parts of the Act that describe the basic qualifying criteria for Jobseeker Support, Youth Payment and Young Parent Payment. |
| Chief Executive | MSD |
More inclusive language The term MSD replaces chief executive in most places of the new Act. MSD means the department or the chief executive, and includes a person acting under delegated authority from the Chief Executive. |
| ‘in exceptional circumstances’ | Parental support gap |
Simplified term Replaces the term ‘in exceptional circumstances’ in sections 159 and 165 of the 1964 Act. This is used to describe the relationship breakdown between a young person and their parent/s or guardian/s when assessing eligibility for Youth Payment and Young Parent Payment. |
| ‘is not in full-time employment’ and ‘is in employment, but is losing earnings because, through sickness or injury, he or she is not working at all, or is working only at a reduced level’ | Work gap | Simplified term |
| ‘is undertaking or is available for a full-time course of secondary instruction, or tertiary education, or approved training, or approved work-based learning’ | Study ready |
Simplified term Replaces the term ‘is undertaking or is available for a full-time course of secondary instruction, or tertiary education, or approved training, or approved work-based learning’, and other similar terms in sections 158 and 164 of the 1964 Act. Relates to Youth Payment and Young Parent Payment. |
| Shared custody/custodian | Shared care/carer | Replacing an outdated term |
| Split custody | Split care | Replacing an outdated term |
Changes relating to health and working with the health community
| Old term | New term | Reason |
| Attention and supervision substantially in excess of that normally required | Substantially more attention and supervision than is normally required | Plain English change |
| Designated doctor (DD) | Designated health practitioner | New wider definition of health responsibilities to enable Nurse Practitioners to undertake this role |
| General Practitioner, GP, Doctor and Medical Practitioner | Health practitioner |
New wider definition of health responsibilities. A health practitioner means a person registered with an authority as a practitioner of a particular profession under the Health Practitioners Competence Assurance Act 2003. Nurse Practitioners Nurse Practitioners can complete a wider range of medical and disability certificates and medical examinations for MSD, including applications and reviews of:
Nurse Practitioners will be able to provide the required confirmation to support a client’s application for a Special Needs Grant for the following needs:
For the purposes of clients meeting their social obligations, MSD recognises that Nurse Practitioners:
Nurse Practitioners will also be able to become Designated Health Practitioners (previously Designated Doctors) if they meet specific criteria. |
| Illness, sickness and medical condition | Health condition | More inclusive language |
| Normal functions | Everyday functions | More inclusive language |
Changes relating to residential care
|
Old term |
New term |
Reason |
|
|
90-day period |
New definition (not defined in old Act) |
|
Eligible person |
Funding eligible |
Simplified term Means a person who has had a financial means assessment and is eligible for the residential care subsidy. |
|
Contracted care services |
LTR contracted care |
Simplified term and now includes the words ‘age related’ |
|
|
Qualifying person |
New term Means a person who is
|
|
|
Special case person |
New definition that covers three different groups
|
|
Resident assessed as requiring care |
Positively needs assessed |
More inclusive language |
|
|
Funding eligible |
New definition (not defined in old Act) |
|
|
50+ Single person |
New definition (was part of eligible person definition in old Act) |
