To: The Chief Executive of the Ministry of Social Development.
Pursuant to section 5 of the Social Security Act 1964, the Minister for Social Development and Employment makes the following amendment to the Ministerial Direction – Living Alone Payments given on 23 November 1999.
Dated at Wellington this 28th day of June 2005.
STEVE MAHAREY, Minister for Social Development and Employment.
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A m e n d m e n t
1. Title—(1) This amendment is the Ministerial Direction – Living Alone Payments Amendment 2005.
(2) In this amendment, the Ministerial Direction – Living Alone Payments is called “the direction”.
2. Commencement—This amendment comes into effect on 1 July 2005.
3. Direction amended—The direction is amended in the manner set out in the Schedule.
Schedule
Clause 3
Amendments to the direction
Omit from the paragraph immediately following the heading “Grants of Living Alone Payments” the words “section 18A of the Social Welfare (Transitional Provisions)
Act 1990” and substitute the words “section 13 of the
New Zealand Superannuation and Retirement Income Act 2001 or section 74U of the War Pensions Act 1954”.
Clause 1
Omit from the definition of living alone payment the words “section 18A of the Social Welfare (Transitional Provisions) Act 1990” and substitute the words “section 13 of the
New Zealand Superannuation and Retirement Income Act 2001 or section 74U of the War Pensions Act 1954”.
Clause 2
Omit paragraph (a).
Clause 3
Omit the words “is contributing directly or indirectly to the cost” and substitute the words “is regularly contributing in a substantial way to the total cost”.
New clause 3A
Insert, after clause 3:
“3A An applicant should not be considered to be sharing household expenses with his or her spouse or partner by reason only that they share a joint bank account.”
Example
Omit the example immediately before clause 4.
Explanatory Note
This note is not part of the amendment, but is intended to indicate its general effect.
This amendment to the Ministerial Direction – Living Alone Payments, which comes into effect on 1 July 2005:
? updates references to the statutory provisions relating to living alone payments;
? omits the provision requiring an applicant to have a right to exclusive occupation of the residence occupied;
? changes clause 3 of the direction so that regular contributions in a substantial way to the total cost of
the applicant’s household expenses are considered to be
the sharing of household expenses, instead of direct or indirect contributions to the cost;
? clarifies that the sharing of a joint bank account between the applicant and his or her spouse or partner is not by itself considered to be the sharing of household expenses;
? omits the example.