To: The Chief Executive of the Ministry of Social Development.
Pursuant to section 5 and section 124 (1) (d) of the Social Security Act 1964, the Minister for Social Development and Employment establishes and approves the following welfare programme for special assistance, and gives the following direction.
Dated at Wellington this 18th day of January 2005.
STEVE MAHAREY, Minister for Social Development and Employment.
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P r o g r a m m e
P1 Title-This programme is the Assistance to Live Organ Donors Programme.
P2 Commencement-This programme comes into effect on 1 February 2005.
P3 Purpose-The purpose of this programme is to assist people who, for altruistic reasons, donate kidney or liver tissue for transplantation purposes:
(a) by providing income assistance within the limits set by this programme to those who forgo income from employment, or certain benefit payments, during their convalescence; and
(b) by providing for payment of childcare assistance within the limits set by this programme to those who require it during their convalescence.
P4 Interpretation-(1) In this programme, unless the context otherwise requires:
"ACC earner levy" means the levy payable under subsections (1) and (2) of section 219 of the Injury Prevention, Rehabilitation, and Compensation Act 2001
"Act" means the Social Security Act 1964
"Applicant" means a person who applies for assistance under this programme, and includes a person granted assistance under this programme
"Childcare assistance" means the assistance under Part 2
"Employment" means paid employment, and includes self-employment
"Income assistance" means the assistance under Part 1
"Regulations" means the Social Security (Childcare Assistance) Regulations 2004.
(2) Terms otherwise defined in section 3 (1) of the Act or Regulation 3 (1) of the Regulations have the meanings so defined.
P5 Application of Social Security Act-(1) Sections 12, 62 to 64, 69G to 70, 71, 74 (1) (a), 74A, 75 to 77, 80A, 80BD (1), 81, 82 (other than subsection (6)), 83, and 84 of the Act apply to this programme and any applicant as if
the assistance under this programme were a benefit under Part 1 of the Act.
(2) Nothing in subclause (1) affects the application to this programme or any applicant of any other provision of
the Act.
Part 1
Income Assistance
P6 Income assistance: eligibility-(1) The chief executive may grant income assistance to an applicant if the chief executive is satisfied that the applicant:
(a) is a person who, after an evaluation process operated by a District Health Board, has given his or her free and informed consent to become a live donor of kidney or liver tissue to be transplanted into the body of another person;
(b) has made the decision to consent with a full understanding of the nature of the procedure and the possible consequences of becoming a donor;
(c) has made that decision freely and genuinely and has not been the subject of any coercion to make that decision;
(d) has made that decision solely for altruistic reasons;
(e) is not a beneficiary (within the meaning of that term in section 61E of the Act); and
(f) will forgo income from employment during the period of convalescence following the operation to retrieve the tissue.
(2) Despite paragraphs (e) and (f) of subclause (1), the chief executive may grant income assistance to an applicant to whom the chief executive is satisfied paragraphs (a) to (d) of subclause (1) applies if:
(a) immediately prior to the operation to retrieve the tissue, the applicant was receiving a domestic purposes benefit under section 27G of the Act; and
(b) the applicant has been granted an emergency benefit in substitution for the domestic purposes benefit pursuant to the Assistance to Live Organ Donors Direction.
(3) In reaching a state of satisfaction in respect of the matters in paragraphs (a) to (d) of subclause (1), the chief executive may rely on the certificate of a medical practitioner authorised by a District Health Board.
P7 Amount of income assistance-(1) The weekly amount of income assistance granted under clause P6 (1) is the lesser of the following amounts:
(a) the appropriate weekly rate of a sickness benefit
set out in clause 1 of the Ninth Schedule of the
Act, disregarding any income test attached to that rate; and
(b) the weekly amount of income from employment (after the deduction of income tax and, where applicable, the ACC earner levy) the chief executive is satisfied the applicant has forgone by not being able to work during the period of convalescence following the operation to retrieve the tissue.
(2) For the purposes of paragraph (b) of subclause (1) and without limiting the meaning of that paragraph, any payment (after the deduction of income tax and, where applicable, the ACC earner levy) made by an applicant to any person who acts as the applicant's substitute during the period of convalescence may be regarded as income the applicant has forgone by not being able to work during that period.
(3) The weekly amount of income assistance granted under clause P6 (2) is the difference between:
(a) the appropriate weekly rate of a domestic purposes benefit set out in the Seventeenth Schedule of the Act; and
(b) the weekly rate of the emergency benefit granted to the applicant pursuant to the Assistance to Live Organ Donors Direction.
P8 Commencement and termination of income assistance-(1) Income assistance commences on the
later of the date of application for it or the date of
the surgical operation in which the tissue was retrieved
from the applicant, and continues for each week (not exceeding 12 weeks) in which the chief executive is satisfied the applicant is convalescing from that operation and forgoing income from employment or from a domestic purposes benefit under section 27G of the Act, as the case may be.
(2) Despite subclause (1), if the application for it is received within 28 days after the date of the surgical operation, income assistance commences on the date of the operation.
Part 2
Childcare Assistance
P9 Interpretation-In this Part, "qualifying child", in relation to an applicant, means a dependent child of the applicant:
(a) who is aged less than 14; and
(b) in respect of whom the applicant is the principal caregiver.
P10 Childcare assistance: eligibility-(1) The chief executive may grant childcare assistance in respect of a qualifying child of an applicant if the chief executive is satisfied that the applicant:
(a) is a person to whom paragraphs (a) to (d) of clause P6 (1) applies; and
(b) requires childcare for the child during the period of convalescence from the operation to retrieve the tissue.
(2) In reaching a state of satisfaction in respect of the matters in paragraphs (a) and (b) of subclause (1), the chief executive may rely on the certificate of a medical practitioner authorised by a District Health Board.
(3) Childcare assistance granted under subclause (1) is in addition to:
(a) any childcare assistance granted to the applicant
in respect of the child under section 61GA of the Act or for which the applicant is eligible under the Regulations; or
(b) any assistance by way of special benefit granted to the applicant for childcare costs in respect of the child.
P11 Period for which childcare assistance payable-(1) Childcare assistance granted in respect of a qualifying child is payable:
(a) for each week (not exceeding 12 weeks) in which the chief executive is satisfied the applicant is convalescing from the operation to retrieve the tissue; and
(b) for:
(i) the number of hours in the week the child participates in an approved early-childhood programme, or as the case requires, one or more OSCAR programmes, not exceeding the maximum number of hours for which a childcare subsidy or, as the case may be, an OSCAR subsidy may be paid for an eligible child under the Regulations; but
(ii) after deducting the number of hours in the week for which the applicant:
(A) has been granted a childcare subsidy or an OSCAR subsidy under section 61GA of the Act in respect of the child, or would be eligible to be granted a childcare subsidy or OSCAR subsidy in respect of the child under the Regulations; or
(B) has been granted assistance by way of special benefit towards his or her childcare costs in respect of the child.
P12 Rate of childcare assistance-Childcare assistance granted under clause P10 must be paid at the rate per hour for the time being set out in the second column of clause 1 (a) of the Schedule of the Reguations.
P13 Commencement of childcare assistance-(1) Childcare assistance commences on the later of the date of application for it or the date of the surgical operation in which the tissue was retrieved from the applicant.
(2) Despite subclause (1), if the application for it is received within 28 days after the date of the surgical operation, childcare assistance commences on the date of the operation.
P14 Payment of childcare assistance-(1) Childcare assistance:
(a) payable for a qualifying child's participation in an approved early-childhood programme must be paid (as the case may be) to:
(i) the service providing the programme; or
(ii) the service that arranged the scheme under which the programme is provided; and
(b) payable for a qualifying child's participation in an OSCAR programme may be paid to the provider of the programme or to the applicant.
(2) Subclause (1) (a) does not prevent the chief executive from paying a lump sum of childcare assistance directly to the applicant if:
(a) the sum represents an underpayment of amounts:
(i) that should have been paid to an approved early childhood service in respect of the child's participation in a programme it provides; or
(ii) that should have been paid to an approved early childhood care arranger in respect of the child's participation in a programme provided under a scheme it arranged; and
(b) the applicant has already paid to the service or arranger the amount of the underpayment.
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D i r e c t i o n
D1 Title-This direction is the Assistance to Live Organ Donors Direction.
D2 Commencement-This direction takes effect on
1 February 2005.
D3 Purpose-The purpose of this direction is to provide guidance on the treatment of people who, for altruistic reasons, donate kidney or liver tissue for transplantation purposes, and would not be able to fulfil benefit eligibility criteria or, in the case of a work-tested spouse, work test obligations under the Act while convalescing from the operation to retrieve the tissue.
D4 Interpretation-In this direction:
"Act" means the Social Security Act 1964, and terms defined in section 3 (1) of the Act have the meanings
so defined.
D5 Application of direction-(1) This direction applies to a person who you are satisfied:
(a) is a person who, after an evaluation process operated by a District Health Board, has given his or her free and informed consent to become a live donor of kidney or liver tissue to be transplanted into the body of another person;
(b) has made the decision to consent with a full understanding of the nature of the procedure and the possible consequences of becoming a donor;
(c) has made that decision freely and genuinely and has not been the subject of any coercion to make that decision; and
(d) has made that decision solely for altruistic reasons.
(2) In reaching a state of satisfaction in respect of the matters in subclause (1), you may rely on the certificate of
a medical practitioner authorised by a District Health Board.
D6 Grant of emergency benefit-(1) This clause applies