Notice Type
Departmental
Notice Title

Seasonal Work Assistance Programme, Direction in Relation to Special Benefit Amendment 2002, Special Needs Grants Amendment (No. 2) 2002, and Recoverable Assistance Amendment 2002

Pursuant to section 5 and section 124 (1) (d) of the Social Security Act 1964, the Minister of Social Services and Employment:
(a) establishes and approves the welfare programme for special assistance set out in Part 1 of the Schedule.
(b) makes the amendment set out in Part 2 of the Schedule to the Direction in Relation to Special Benefit given on
10 February 1999.
(c) establishes and approves the amendment set out in Part 3 of the Schedule to the Special Needs Grants Programme established and approved on 18 December 1998.
(d) establishes and approves the amendment set out in Part 4 of the Schedule to the Recoverable Assistance Programme established and approved on 15 February 1999.
Dated at Wellington this 7th day of July 2002.
STEVE MAHAREY, Minister of Social Services and Employment.
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Schedule
Part 1
Seasonal Work Assistance Programme
1. Title-This programme is the Seasonal Work Assistance Programme.
2. Commencement-This programme comes into effect on the day after it is approved.
3. Purpose-The purpose of this programme is to provide assistance to people who have moved from benefit to low-income, seasonal employment and, due to adverse weather conditions, cannot work and consequently lose income.
4. Interpretation-(1) In this programme, unless the context otherwise requires:
Act means the Social Security Act 1964.
applicant means the person applying for a grant under this programme.
cash assets has the meaning in section 61E of the Act.
earner levy means the levy payable under subsections (1) and (2) of section 219 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.
employed includes engaged as a self-employed contractor.
seasonal horticultural worker means a person employed on a seasonal basis in a horticultural industry of a kind for the time being approved by the chief executive.
seasonal work assistance payment or payment means the special assistance under this programme.
working-age benefit means any of the following benefits:
(a) An unemployment benefit.
(b) A sickness benefit.
(c) A domestic purposes benefit.
(d) An emergency benefit (other than an emergency benefit payable under section 17 (2) (c) of the New Zealand Superannuation Act 2001).
(e) An independent youth benefit.
(f) An invalids benefit.
(g) A transitional retirement benefit.
(h) A widows benefit.
(2) Expressions otherwise defined in section 3 (1) of the Act have the meanings so defined.
5. Application of the Social Security Act-(1) Sections 12, 62, 63, 63A, 64, 74, 74A, 76, 82 (other than 82 (6)), 84 and 86J of the Act apply to this programme and to an applicant as if the special assistance under it were a benefit.
(2) Nothing in subclause (1) limits the application of any other provision of the Act.
6. Seasonal work assistance-(1) Subclause (2) applies to an applicant:
(a) who is employed as a seasonal horticultural worker; and
(b) who was, within the previous 26 weeks, a person in receipt of a working-age benefit that was cancelled or suspended because the person entered that employment; and
(c) whose cash assets and income (including the cash assets and income of his or her spouse) are not more than the cash assets and income limits set out in clause 8.
(2) The chief executive may, in the chief executive's discretion, grant a seasonal work assistance payment to an applicant to whom this subclause applies if the applicant has, on or after 1 July 2002, lost income due to the unavailability of work caused by weather conditions.
(3) In exercising the discretion in subclause (2), the chief executive must have regard to the following matters:
(a) The duration of the period for which work has been unavailable due to weather conditions.
(b) Whether the applicant's future work is likely to again be affected by weather conditions and the forecast duration of such conditions.
(c) The number and amounts of payments made to the applicant in the 26-week period before the application for the payment.
(d) Whether a grant of an emergency benefit under section 61 of the Act would be the more appropriate means to provide income to the applicant for the period of unavailability of work.
7. Amount and limits of payments-(1) The amount of a seasonal work assistance payment is the amount of the applicant's lost earnings for the period of work missed, after the deduction of the income tax and the earner levy that would be payable in respect of those earnings, but not more than the appropriate weekly amount set out in Schedule 1.
(2) An applicant's claims for seasonal work assistance payments must be assessed and calculated on a weekly basis.
(3) No grant of a seasonal work assistance payment must be made to an applicant who has received seasonal work assistance payments of $600 or more during the 26-week period following the date the applicant's working-age benefit was cancelled or suspended.
8. Cash assets and income tests-(1) The cash assets limit referred to in clause 6 (1) (c) is 400% of the appropriate weekly rate of an invalid's benefit that would apply to the applicant if the applicant were qualified to receive that benefit.
(2) The income limit referred to in that clause is the amount of weekly income that would prevent payment of an invalid's benefit to the applicant if the applicant were qualified to receive that benefit.
9. Payments non-recoverable-A payment granted under clause 6 is non-recoverable.
Schedule 1
Maximum Weekly Amounts of Seasonal Work Assistance Payments
Total period of work missed (per week) For an unmarried applicant with
no dependent children For any other applicant
8 hours or less $32.00 $60.00
More than 8 and not more than 16 hours $64.00 $120.00
More than 16 and not more than 24 hours $96.00 $180.00
More than 24 and not more than 32 hours $128.00 $240.00
More than 32 hours $160.00 $300.00
Explanatory Note
This note is not part of the programme, but is intended to indicate its general effect.
This programme enables grants of seasonal work assistance payments to people who have cancelled their benefits to enter the workforce as temporary seasonal workers at times when they are not paid due to there being no work as a result of weather conditions.
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Part 2
Direction in Relation to Special Benefit Amendment 2002
To: The chief executive of the Ministry of Social Development (Department of Work and Income).
1. Title-(1) This amendment is the Direction in Relation to Special Benefit Amendment 2002.
(2) In this amendment, the Direction in Relation to Special Benefit is called "the direction".
2. Commencement-This amendment comes into effect on the day after it is given.
3. Definitions-The definition in clause 2.1 of the direction of chargeable income is amended by revoking paragraph (f), and substituting the following paragraph:
"(f) the amount of:
(i) any periodical payments received under any welfare programme approved under section 124 (1) (d) of the Act (other than payments under the Away from Home Allowance Programme or other periodical payments intended to pay or reimburse specified costs of the applicant); and
(ii) payments received under the Telephone Costs Payment Programme, the New Employment Transition Grant Programme, or the Seasonal Work Assistance Programme approved under that section; and"
4. Revocation-The Special Benefit Direction Amendment dated 10 June 1999 is amended by revoking so much of the Schedule as relates to the definition of chargeable income.
Explanatory Note
This note is not part of the amendment, but is intended to indicate its general effect.
This amendment substitutes a new paragraph (f) in the definition of chargeable income, to specify that payments under the New Employment Transition Grant Programme and the Seasonal Work Assistance Programme are treated as chargeable income.
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Part 3
Special Needs Grants Amendment (No. 2) 2002
1. Title-(1) This amendment is the Special Needs Grants Amendment (No. 2) 2002.
(2) In this amendment, the Special Needs Grants Programme is called "the programme".
2. Commencement-This amendment comes into effect on the day after it is approved.
3. Definitions-Clause 3.1 of the programme is amended by inserting, after the expression "7.2", the words "and clause 7.3,".
4. Income limits-Clause 7 of the programme is amended by adding the following subclause:
"7.3 An applicant's income also includes the amount of any payments under the New Employment Transition Grant Programme or the Seasonal Work Assistance Programme approved under section 124 (1) (d) of the Act made to the applicant or his or her spouse."
Explanatory Note
This note is not part of the amendment, but is intended to indicate its general effect.
This amendment includes payments under the New Employment Transition Grant Programme and the Seasonal Work Assistance Programme as an applicant's income.
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Part 4
Recoverable Assistance Amendment 2002
1. Title-(1) This amendment is the Recoverable Assistance Amendment 2002.
(2) In this amendment, the Recoverable Assistance Programme is called "the programme".
2. Commencement-This amendment comes into effect on the day after it is approved.
3. Income limits-Clause 7 of the programme is amended by adding the following subclause:
"7.3 An applicant's Income also includes the amount of any payments under the New Employment Transition Grant Programme or the Seasonal Work Assistance Programme approved under section 124 (1) (d) of the Act made to the applicant or his or her spouse, or (as the case requires) his or her Parent."
Explanatory Note
This note is not part of the amendment, but is intended to indicate its general effect.
This amendment includes payments under the New Employment Transition Grant Programme and the Seasonal Work Assistance Programme as an applicant's income.