Defence Force Allowance Programme Pursuant to section 124 (1) (d) of the Social Security Act 1964, I, Roger Morrison Sowry, Minister of Social Services, Work and Income, establish and approve the following welfare programme for special assistance. Dated this 29th day of October 1999. R. M. SOWRY, Minister of Social Services, Work and Income. A n a l y s i s 1. Title and commencement 2. Interpretation 3. Objective 4. Application of Social Security Act 1964 5. Defence Force Allowance: Entitlement 6. Rates of Defence Force Allowance 7. Period for which Defence Force Allowances payable 8. Payment of Defence Force Allowances 9. Administration P r o g r a m m e 1. Title and commencement 1.1. This programme is called the Defence Force Allowance Programme. 1.2. This programme commences on 1 November 1999. 2. Interpretation 2.1. In this programme and its Schedule, unless the context otherwise requires, ``A$'' means Australian dollars: ``Act'' means the Social Security Act 1964: ``Chief Executive'' means the chief executive of the Department: ``Chief of Defence Force'' means the person holding that office under the Defence Act 1990: ``Day'' means a period of 24 hours or part thereof: ``Defence Force Allowance'' or ``Allowance'' means a Defence Force Allowance granted under this programme: ``Department'' means the department for the time being responsible for administration of the Act: ``Member of the NZDF'' means (a) An officer, a rating, a soldier, or an airman; or (b) A member of the Civil Staff, as those terms are defined in the Defence Act 1990; and ``NZDF Personnel'' has a corresponding meaning: ``NZ$'' means New Zealand dollars: ``NZDF'' means the New Zealand Defence Force constituted under the Defence Act 1990: ``NZDF Allowance'' means a NZDF Operational Incidentals Allowance, a NZDF Operational Allowance, or any other regular force non-operational allowance prescribed by the Chief of Defence Force (other than Sea Going Allowance or Higher Duties Allowance): ``NZDF Operational Allowance'' means the Operational Allowance in relation to any specified service prescribed by the Chief of Defence Force immediately prior to the commencement of this programme: ``NZDF Operational Incidentals Allowance'' means the Operational Incidentals Allowance in relation to any specified service prescribed by the Chief of Defence Force immediately prior to the commencement of this programme: ``Prescribed'' means prescribed under section 45 of the Defence Act 1990: ``RNZN'' means the Royal New Zealand Navy: ``US$'' means United States of America dollars. 3. Objective 3.1. The objective of this programme is to provide financial assistance to NZDF personnel serving overseas in an operational role in recognition of the additional responsibilities and hardships faced by those personnel and their families as a result of that service. 4. Application of Social Security Act 1964 4.1. Sections 12, 62, and 84 of the Act apply, with any necessary modifications, to this programme as if a Defence Force Allowance under this programme were a benefit under the Act. 4.2. Nothing in clause 4.1 limits any other provision of the Act. 5. Defence Force Allowance: Entitlement 5.1. The Chief Executive must grant a Defence Force Allowance to every person whom the Chief of Defence Force or his delegate certifies is a Member of the NZDF for the time being serving in any of the deployments referred to in the Schedule. 5.2. The Chief Executive must grant a Defence Force Allowance to every person whom the Chief of Defence Force or his delegate certifies 5.2.1. Is a Member of the NZDF who served in any of the deployments referred to in paragraphs 1 to 3 of the Schedule on or after 21 September 1999 but before the commencement of this programme; and 5.2.2. Received, or is entitled to receive, from the NZDF in respect of that service, a NZDF Operational Allowance. 6. Rates of Defence Force Allowance 6.1. The daily amount of a Defence Force Allowance granted under clause 5.1 is the total of the daily amounts of the appropriate allowances set out in the Schedule. 6.2. The daily amount of a Defence Force Allowance granted under clause 5.2 is the daily amount of the appropriate operational allowance (other than an operational incidentals allowance) set out in paragraph 1 or paragraph 2 of the Schedule, less the daily amount of any NZDF Operational Allowance (after the deduction of income tax) paid or payable by the NZDF in respect of the service. 6.3. There shall be deducted from the amounts payable under clause 6.1 and clause 6.2 the daily amount (after the deduction of income tax) of any other regular force non-operational allowance (other than Sea Going Allowance or Higher Duties Allowance) prescribed by the Chief of Defence Force in respect of the period of service for which the Defence Force Allowance is payable. 7. Period for which Defence Force Allowances payable 7.1. A Defence Force Allowance granted to a Member of the NZDF under clause 5.1 7.1.1. Is payable from (a) In the case of a deployment referred to in paragraphs 1 to 3 of the Schedule, the later of the date of commencement of this programme or the date of the Member's arrival in theatre; or (b) In the case of a deployment referred to in paragraphs 4 to 9 of the Schedule, the later of 5 November 1999 or the date of the Member's arrival in theatre, until the date of departure from theatre, and will apply during periods of approved leave taken during that period; but 7.1.2. Is not payable for any period of the Member's service (a) For which a NZDF Operational Allowance or a NZDF Operational Incidentals Allowance is payable; or (b) That occurred prior to the commencement of this programme; or (c) That involves a stay in theatre for a period of less than 24 hours. 7.2. A Defence Force Allowance granted under clause 5.2 is payable in respect of each day of the period referred to in clause 5.2.1 for which the Member of the NZDF received, or was entitled to receive, a NZDF Operational Allowance. 8. Payment of Defence Force Allowances 8.1. Every Defence Force Allowance is payable by instalments of such number of days Allowances on such days or dates of each month as the Chief Executive, in consultation with the Chief of Defence Force, from time to time determines. 8.2. Subject to the Chief Executive obtaining from the Chief of Defence Force an agreement that the NZDF shall pay Defence Force Allowances to the persons entitled to them, every Defence Force Allowance must be paid in New Zealand dollars to the NZDF on account of the person to whom the Allowance relates. 9. Administration 9.1. The NZDF may from time to time, in accordance with arrangements made between the Chief of Defence Force and the Chief Executive, supply a Schedule, certified as appropriate under clause 5.1 or clause 5.2, specifying those Members of the NZDF whom the NZDF considers are entitled to Defence Force Allowances. The Schedule must identify, in respect of each such Member, (a) The amounts and the types of the Allowances set out in the Schedule that the NZDF considers are payable in respect of the period to which the Schedule relates; and (b) The dates of and the types of service that qualifies the Member to the Allowances in that period; and (c) The amounts (after the deduction of income tax) of any NZDF Allowances of the kind referred to in clause 6.2 and clause 6.3 (other than Seagoing Allowance and Higher Duties Allowance) that are payable to the Member in respect of that period; and (d) The total of the amounts set out in paragraph (a) less the amounts set out in paragraph (c). 9.2. The Chief of Defence Force or his delegate must also certify that in respect of every Member of the NZDF referred to in the Schedule whom the NZDF considers is entitled to a Defence Force Allowance under clause 5.1, no NZDF Operational Allowance or NZDF Incidentals Allowance is payable to that person in respect of the period of service for which an Allowance under clause 5.1 is considered payable. 9.3. Amounts must be converted to New Zealand dollars. 9.4. Every Member of the NZDF whose name is entered on a Schedule supplied under clause 9.1 is to be considered an applicant for a Defence Force Allowance in respect of the relevant period. 9.5. The Department must with each payment of Defence Force Allowances made to the NZDF pursuant to clause 8.2, supply to the NZDF details of the amounts (in New Zealand dollars) and the types of Allowances set out in the Schedule that are included in that payment, and the persons to whom they are payable. Schedule Clauses 5, 6, 7, and 9 Amounts of Defence Force Allowances (All amounts are non-taxable) [tn,3] Deployment Operational Allowance Operational Incidentals[el] Allowance [tn,3] 1. Land based NZDF Personnel deployed with the New Zealand Force to East Timor NZ$59.25 per day. A$16.30 per day. 2. NZDF Personnel deployed with the New Zealand Force to East Timor on board RNZN Ships NZ$27.65 per day. A$16.30 per day. 3. NZDF Personnel deployed in Australia as part of the New Zealand Force to East Timor Nil. A$16.30 per day. 4. Land based NZDF Personnel deployed as part of Operation BELISI in Bougainville NZ$35.55 per day. NZ$9.22 per day. 5. NZDF Personnel deployed as part of Operation BELISI in Bougainville on Board RNZN Ships NZ$27.65 per day. NZ$9.22 per day. 6. NZDF Personnel deployed as part of the New Zealand Contingent Multinational Force and Observers in the Sinai NZ$35.55 per day. US$9.10 per day. 7. NZDF Personnel deployed to the Stabilisation Force in the Former Yugoslavia NZ$27.65 per day. US$9.70 per day. 8. NZDF Personnel deployed to Headquarters Combined Task Force, Kuwait. NZ$35.55 per day. US$12.60 per day. 9. NZDF Personnel deployed on Board RNZN Ships as part of the Multi- National Interception Force in the Persian Gulf NZ$27.65 per day. US$11.56 per day. [tn,3]