Pursuant to section 124 (1) (d) of the Social Security Act 1964, the Minister of Social Services and Employment establishes and approves the following welfare programme for special assistance.
Dated at Wellington this 27th day of March 2002.
STEVE MAHAREY, Minister of Social Services and Employment.
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P r o g r a m m e
1. Title-This programme is the Domestic Violence and Witness Protection (Relocation) Programme 2001.
2. Commencement-This programme comes into effect on the day after the date on which the Minister approves it.
3. Purpose-The purpose of this programme is:
(a) to enhance the protection of victims of domestic violence and witnesses who are under threat of severe violence;
(b) for the purpose in paragraph (a):
(i) to provide financial assistance to enable such persons and their immediate families to relocate to an overseas country to avoid the threat;
(ii) to make arrangements for the payment of financial assistance to enable such persons to reside in the overseas country until the threat is averted.
4. Interpretation-(1) In this programme, unless the context otherwise requires:
"accompanying person" means any of the following persons whom the chief executive is satisfied will be accompanying an applicant to an overseas country and intends to reside in the overseas country with the applicant until the threat to the applicant's safety is averted:
(a) the applicant's spouse or partner;
(b) an eligible child of the applicant;
(c) where the applicant is a dependent child, a member of the applicant's immediate family.
"accompanying parent", in relation to an applicant who is a dependent child, means a parent of the applicant who is an accompanying person.
"accompanying spouse or partner" means the spouse or partner of an applicant who is an accompanying person.
"Act" means the Social Security Act 1964.
"applicant" means a person applying for assistance under this programme.
"approved overseas country" means an overseas country for the time being approved under clause 15.
"cash assets", in relation a person, means the assets of that person that can be readily converted into cash, and include:
(a) shares, stocks, debentures, bonus bonds, and other bonds; and
(b) bank accounts, including fixed and term deposits with any bank, friendly society, credit union, or building society; and
(c) money invested with or lent to any bank or other financial institution, or other person; and
(d) the net equity held in any property or land; and
(e) building society shares; and
(f) mortgage investments and other long term loans; and
(g) bills of exchange or promissory notes; and
(h) a share in any partnership;
but do not include:
(i) the motor vehicle principally used by the applicant for his or her personal use;
(j) a caravan, boat or other vehicle:
(i) the net equity in which is less than $2000.00; or
(ii) which is used by the person or a member of his or her immediate family for day to day accommodation;
(k) the personal effects of the person and his or her spouse or partner (if any).
"eligible child", in relation to an applicant, means a dependent child of the applicant whom the applicant is legally entitled to remove indefinitely from New Zealand.
"financial year" means the New Zealand Government financial year.
"grant" means the special assistance under this programme.
"immediate family", in relation to a person, means:
(a) in the case of a married person, that person and his or her spouse or partner and dependent children (if any); and
(b) in the case of a sole parent, means that person and his or her dependent children; and
(c) in the case of a dependent child, means the child and his or her parent and any other dependent children of that parent.
"living expense grant" means a grant of the kind referred to in clause 7 (c).
"parent", in relation to a dependent child (but subject to subclause (3)):
(a) if the child is in the custody or care of both of the child's parents, means both those parents; and
(b) if the child is in the custody or care of only one parent, means that parent; and
(c) if the child is not in the custody or care of either of the child's parents, means the person who is the principal caregiver of the child.
"parent benefit", in relation to an applicant:
(a) if the applicant is a dependent child, means:
(i) any orphan's benefit or unsupported child's benefit that would be payable in New Zealand to the applicant's accompanying parent in respect of the applicant; and
(ii) any income-tested benefit or non-income-tested New Zealand superannuation or veteran's pension that would be payable to the applicant's accompanying parent if
the applicant and parent were living in New Zealand; but
(iii) does not include any part of any benefit or any orphan's benefit or unsupported child's benefit that would be payable in respect of any child who is not an eligible child.
(b) in any other case, means the income-tested benefit or non-income-tested New Zealand superannuation or veteran's pension that would be payable to the applicant or the applicant's accompanying spouse or partner (if any), or both, if they were living in New Zealand (other than any orphan's benefit or unsupported child's benefit that would be payable in respect of any child who is not an eligible child).
"set-up grant" means a grant referred to in clause 7 (b).
"travel grant" means a grant referred to in clause 7 (a).
(2) Terms otherwise defined in section 3 (1) of the Act have the meanings so defined.
(3) If a dependent child is in the joint custody of his or her parents, in deciding whether paragraph (a) or paragraph (b) of the definition of "parent" applies and which of the child's parents ought to be considered as the child's parent for the purpose of this programme, the chief executive must apply section 70B of the Act to assign responsibility for the care of the child to one or other of the child's parents.
5. Application of Social Security Act 1964-(1) Sections 12, 63, 74A, 76, 81, 82 (except 82 (7)), 83, 84 and 86J of the Act apply to this programme as if a grant referred to in this programme were a benefit under the Act.
(2) Nothing in subclause (1) affects the application of any other provision of the Act.
6. Eligibility-This clause applies to an applicant:
(a) whose safety is under an ongoing threat of severe violence from another person; and
(b) who has exhausted all other options of relocating within New Zealand to avoid the threat; and
(c) who intends to reside in an approved overseas country until the threat is averted; and
(d) whose application for a grant is supported by a referral by the Commissioner of Police, or a senior officer of the New Zealand police with the delegated authority of the Commissioner for the purpose:
(i) that confirms the matters set out in paragraphs (a) to (c); and
(ii) states that it is necessary for the applicant's safety that the applicant relocates outside
New Zealand.
7. Travel, set-up, and living expenses grants-Where clause (6) applies to an applicant, the chief executive may, subject to clauses 8 and 9 (2), make the following types of grants to the applicant:
(a) A non-recoverable travel grant to pay for the following costs of relocating the applicant and any accompanying persons to an approved overseas country recommended by the New Zealand police:
(i) the necessary costs of obtaining or renewing a passport, if the applicant or any accompanying person does not hold a current passport or for reasons of safety is unable to access or travel on their current passport;
(ii) New Zealand departure and airline security protection taxes;
(iii) economy class airfares.
(b) A non-recoverable set-up grant up to a maximum
of $5000.00 for the purpose of paying for the
costs of the applicant and accompanying persons establishing life in the approved overseas country, such as the cost of purchasing necessary furniture, rent bonds, school fees and deposits required for essential services.
(c) Non-recoverable living expenses grants in accordance with clause 10 for the living expenses of the applicant and any accompanying persons in the approved overseas country.
8. Protected witnesses not to receive travel and set-up grants-Where an applicant is receiving assistance from
the New Zealand police under the New Zealand witness protection programme, no travel grant or set-up grant must be made in respect of the applicant or any accompanying persons.
9. Cash assets not to prevent, but may reduce, grants-(1) The chief executive must not refuse to make any grant under clause 7 by reason only that the applicant's cash assets exceed the appropriate limit in subclause (4).
(2) Despite subclause (1), the total amount of any travel grant and set-up grant made to the applicant must be reduced by the amount the applicant's cash assets exceed the appropriate limit in subclause (4).
(3) For the purposes of this clause:
(a) if an applicant has an accompanying spouse or partner, the cash assets of the applicant include the cash assets of the accompanying spouse or partner; and
(b) if the applicant is a dependent child, the cash assets of the child include the cash assets of the child's accompanying parent.
(4) The cash assets limits are:
(a) for a single applicant, 4 times the maximum weekly rate of an invalid's benefit payable under the Act to a single person without dependent children;
(b) for an applicant with an accompanying spouse or partner or who is a sole parent, 4 times the maximum weekly rate of an invalid's benefit payable under the Act to a married person without dependent children.
10. Amount of living expenses grants-(1) The amount of any living expenses grant must be no more than the total amount of the parent benefit and accommodation supplement that would be payable under the Act in New Zealand in respect of the relevant period to:
(a) the applicant and the applicant's accompanying spouse or partner (if any); or
(b) if the applicant is a dependent child, the applicant's accompanying parent.
(2) For the purpose of subclause (1), the weekly amount
of accommodation supplement that would be payable in New Zealand is the amount in paragraph (a) of whichever of clauses 1 to 3 of Part II of the Eighteenth Schedule of the Act is appropriate to the circumstances in the approved overseas country (other than the type of accommodation) of:
(a) the applicant; or
(b) where the applicant is a dependent child, the applicant's accompanying parent.
11. Beginning of living expenses grants-Subject to clause 16 (3), living expense grants may be made commencing on the date the applicant and accompanying persons (if any) arrive in the approved overseas country.
12. Ending of living expenses grants-The chief executive may continue to make living expenses grants until the earliest of the following dates:
(a) The date when the chief executive, on the advice of the New Zealand police, considers the threat to the applicant has been averted; or
(b) the date when any of the applicant, or the applicant's accompanying spouse or partner or, where the applicant is a dependent child, the applicant's accompanying parent becomes entitled to receive a social security benefit under the legislation of the approved overseas country that, in the chief executive's opinion, is sufficient to support the applicant and such of the accompanying persons as are dependent on the applicant, or the applicant's spouse or partner, or the applicant's accompanying parent, as the case may be;
(c) the date when the applicant or, as the case requires, the applicant's accompanying spouse or partner or, where the applicant is a dependent child, the applicant's accompanying parent no longer fulfils the eligibility requirements for the parent benefit, unless the applicant or, as the case requires, the applicant's accompanying spouse or partner, or accompanying parent, would become entitled to another parent benefit;
(d) in the case of an applicant who is a dependent child, the date on which the applicant ceases to be financially dependent upon the applicant's accompanying parent, unless the applicant becomes financially dependent on another person who fulfils the role of that parent; or
(e) the date on which the applicant leaves the approved overseas country other than to relocate to another approved overseas country.
13. Payment of grants-(1) The chief executive must pay any grant under clause 7:
(a) in the case of a travel grant or a set-up grant, to the applicant or in accordance with arrangements made with the applicant or, where the applicant is a dependent child, to the applicant's accompanying parent or in accordance with arrangements made with the applicant's accompanying parent; and
(b) in the case of living expense grants:
(i) to an institution of the Government of
the approved overseas country to which the applicant has relocated that has made arrangements with the chief executive to receive and pay grants under this programme to the persons entitled to them; or
(ii) if there is no such institution, in accordance with arrangements made with the applicant or, where the applicant is a dependent child, the applicant's accompanying parent.
(2) For the purpose of enabling an institution in an approved overseas country to make periodic payments of living expense grants to an applicant, the chief executive may make payments of living expenses grants under subclause (1) (b) (i) to the institution in advance of the dates on which the payments are due to the applicant.
(3) No advance payments of living expense grants under subclause (2) or under section 82 (6) of the Act must exceed the amount that the chief executive estimates would be payable to the applicant during the remainder of the financial year in which the payment is made.
14. Grants may be recoverable-(1) A grant made under clause 7 is recoverable to the extent that the chief executive determines that the grant has not been used for the purpose for which it was made.
(2) Before the chief executive makes a grant under clause 7, the applicant or, where the applicant is a dependent child, the applicant's accompanying parent must sign a statement acknowledging that he or she understands that:
(a) any benefit the applicant, the accompanying spouse or partner (if any), or, where the applicant is a dependent child, the applicant's accompanying parent is receiving will be cancelled; and
(b) the grant is intended to cover the specific purposes referred to in clause 7 and no other payments under this programme will be made in respect of the same period or circumstances; and
(c) the travel grant and set-up grant are to enable the applicant and any accompanying persons to travel to and set up in the approved overseas country, to avert the threats to the applicant's safety; and
(d) the living expenses grants are expected to be used for living expenses in the approved overseas country for the applicant and any accompanying persons, during the period that each grant covers; and
(e) any child accompanying the applicant must be an eligible child; and
(f) a grant may be recovered if the grant is not used for the purpose for which it is made; and
(g) the applicant and accompanying spouse or partner
(if any) or, where the applicant is a dependent child,
the applicant's accompanying parent must notify the chief executive or an institution nominated by
the chief executive in the approved overseas country of any change in circumstances that might affect entitlement to the living expenses grants or to the amount of any such grants.
15. Approval of overseas countries-The chief executive may from time to time approve overseas countries for the purpose of this programme having regard to:
(a) advice from the New Zealand police as to the security and traceability of persons who would be relocated to such countries under this programme; and
(b) the ease with which arrangements can be made
the Governments of such countries for an appropriate institution:
(i) to receive and disburse to their intended recipients, payments of living expenses grants; and
(ii) to monitor and advise the department of changes to the circumstances of recipients
of living expenses grants.
16. Transitional arrangements-(1) Subclause (2) applies to every person who, under the former clause 15.5.2 of the special needs grants welfare programme under section 124 (1) (d) of the Act:
(a) was receiving special needs grants for living expenses immediately prior to the commencement of this programme; or
(b) had been paid special needs grants for living expenses in advance for a period or periods ending on or after the commencement of this programme.
(2) A person referred to in subclause (1) is entitled to receive living expenses grants under this programme if:
(a) the person continues to be eligible for such grants; and
(b) none of the events referred to in clause 12 has occurred.
(3) No living expense grant may be made to a person referred to in subclause (1) for the same period that the person has received payment of a grant for living expenses under the former clause 15.5.2 of special needs grants welfare programme.
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Explanatory Note:
This note is not part of the Programme, but is intended to explain its general effect.
This programme allows travel, set-up and living expense grants to be made to people who need to relocate to an approved overseas country to avoid ongoing threats of serious injury arising from domestic violence or as a witness. It replaces the emergency relocation provisions in the Special Needs Grants Programme.