Notice Type
Departmental
Ministerial Direction Living Alone Payments To: The Chief Executive of the Department of Work and Income. Pursuant to section 5 of the Social Security Act 1964, I, Roger Morrison Sowry, Minister of Social Services, Work and Income, give you the following direction to apply to applications for living alone payments and reviews of living alone payments from the day after the date on which the direction is notified in the Gazette. Dated this 23rd day of November 1999. ROGER SOWRY, Minister of Social Services, Work and Income. DIRECTION Grants of Living Alone Payments Where pursuant to section 12 or section 81 of the Social Security Act 1964, you are assessing a person's entitlement to receive a Living Alone Payment under section 18a of the Social Welfare (Transitional Provisions) Act 1990, you must have regard to the following matters: 1. In this direction, unless the context otherwise requires, ``Applicant'' (a) Means a person applying for a Living Alone Payment; and (b) For the purpose of reviewing entitlement to a Living Alone Payment, includes a person in respect of whom a Living Alone Payment is paid: ``Household Expenses'' has the meaning in Clause 4: ``Living Alone Payment'' means a living alone payment under section 18a of the Social Welfare (Transitional Provisions) Act 1990, and terms otherwise defined in section 3 (1) of the Social Security Act 1964 have the meanings so defined. Where the context requires, words referring to the singular include the plural and vice versa. Note: Words, or phrases whose words begin with capital letters generally refer to either a definition in clause 1 or an expression defined in section 3 (1) of the Social Security Act 1964. 2. You should only determine that the principal place of residence occupied by an Applicant is a house or flat where (a) The Applicant has a right to exclusive occupation of that residence, however conferred; and (b) That residence (i) Is a structure, or part of a structure, that is permanently affixed to land; and (ii) Contains, for the exclusive use of the occupant, adequate and distinct areas (a) Used for day to day living; and (b) Used for sleeping; whether or not in separate rooms; and (iii) Contains, for the exclusive use of the occupant, (a) A kitchen or kitchenette with (i) A sink with a tap connected to an adequate supply of potable water; and (ii) Adequate means of preparing food and of cooking food, including by boiling or by baking; and (iii) Adequate space for the proper storage of food and utensils; and (b) A bathroom with a bath or shower and an adequate supply of hot water; and (c) A toilet. 3. You should consider that the Applicant is sharing household expenses with another person, for the purposes of assessing entitlement to a Living Alone Payment, where another person over the age of 18 years (a) Who is not (i) A dependent child of or over that age; or (ii) A temporary visitor who stays less than 13 weeks in any period of 26 weeks; and (b) Whether that person resides with the Applicant or not is contributing directly or indirectly to the cost of the Applicant's Household Expenses. Example An Applicant is sharing Household Expenses where he or she lives alone in a `granny flat' but shares the cost of meals and the cost of laundry with his or her family in an adjoining house. 4. ``Household Expenses'', in relation to Clause 3, means the expenses generally incurred by people in relation to living in the type of accommodation concerned, including expenses relating to (a) Accommodation, including rent, mortgage payments, daily tariffs, site fees, and other fees relating to accommodation: (b) Food, including prepared meals: (c) Rates: (d) Insurance: (e) Electricity: (f) Gas: (g) Water: (h) Laundry: (i) Telephone: (j) Rubbish disposal: (k) Maintenance and repair of buildings and property: (l) Mooring and marina fees: (m) Fees for the disposal of waste from any boat or craft: (n) Any other fee for household services.
Publication Date
25 Nov 1999

Notice Number

1999-go8585

Page Number

4235