Pursuant to section 5 and section 124(1)(d) of the Social Security Act 1964, the Minister for Social Development and Employment makes the following amendments to the directions and welfare programmes set out in the Schedule.
Dated at Wellington this 25th day of June 2007.
HON. DAVID BENSON–POPE, Minister for Social Development and Employment.
I n s t r u m e n t
1. Title—This instrument is the Instrument amending Ministerial Directions and Welfare Programmes (No. 3) 2007.
2. Commencement—This instrument comes into effect on the day after the date on which it is signed by the Minister.
3. Directions and welfare programmes amended—The directions and welfare programmes set out in the Schedule are amended in the manner set out in that Schedule.
Schedule
Directions and Welfare Programmes Amended
Direction on Advance Payment of Benefits (given on 25 May 1999 and published in the New Zealand Gazette, 24 June 1999, No. 75, page 1687)
Clause 1.1
Add to paragraph (b) of the definition of cash assets the following subparagraphs:
“(v) for the period of 12 months after it is made, any ex gratia payment of the kind referred to in regulation 10(1)(f) of the Social Security (Long-term Residential Care) Regulations 2005 (SR 2005/183);
(vi) any ex gratia payment of the kind referred to in regulation 10(1)(g) of those regulations”.
Direction in Relation to Emergency Benefit and Assistance on the Grounds of Hardship (given on 6 October 1998 and published in the New Zealand Gazette, 15 October 1998, No. 172, page 4120)
Clause 1
Add to the definition of cash assets the following paragraphs:
“(l) for the period of 12 months after it is made, any ex gratia payment of the kind referred to in regulation 10(1)(f) of the Social Security (Long-term Residential Care) Regulations 2005 (SR 2005/183);
(m) any ex gratia payment of the kind referred to in regulation 10(1)(g) of those regulations”.
Direction in Relation Special Benefit (given on 10 February 1999 and published in the New Zealand Gazette, 16 December 1999, No. 193, page 4599)
Clause 2.1
Add to the definition of cash assets the following paragraphs:
“(l) for the period of 12 months after it is made, any ex gratia payment of the kind referred to in regulation 10(1)(f) of the Social Security (Long-term Residential Care) Regulations 2005 (SR 2005/183);
(m) any ex gratia payment of the kind referred to in regulation 10(1)(g) of those regulations”.
Special Needs Grants Programme (as established and approved on 18 December 1998 and published in the New Zealand Gazette, 28 January 1999, No. 8, page 202)
Clause 3.1
Add to the definition of cash assets the following paragraphs:
“(l) for the period of 12 months after it is made, any ex gratia payment of the kind referred to in regulation 10(1)(f) of the Social Security (Long-term Residential Care) Regulations 2005 (SR 2005/183);
(m) any ex gratia payment of the kind referred to in regulation 10(1)(g) of those regulations”.
Clause 18.4
Add to the definition of cash assets the following paragraphs:
“(m) for the period of 12 months after it is made, any ex gratia payment of the kind referred to in regulation 10(1)(f) of the Social Security (Long-term Residential Care) Regulations 2005 (SR 2005/183);
(n) any ex gratia payment of the kind referred to in regulation 10(1)(g) of those regulations”.
Recoverable Assistance Programme (as established and approved on 15 February 1999 and published in the New Zealand Gazette, 25 February 1999, No. 23, page 567)
Clause 3.1
Add to the definition of cash assets the following paragraphs:
“(l) for the period of 12 months after it is made, any ex gratia payment of the kind referred to in regulation 10(1)(f) of the Social Security (Long-term Residential Care) Regulations 2005 (SR 2005/183);
(m) any ex gratia payment of the kind referred to in regulation 10(1)(g) of those regulations”.
New Employment Transition Grant Programme (as established and approved on 9 December 1998 and published in the New Zealand Gazette, 17 December 1998, No. 200, page 4769)
Clause 2.1
Add to the definition of cash assets the following paragraphs:
“(l) for the period of 12 months after it is made, any ex gratia payment of the kind referred to in regulation 10(1)(f) of the Social Security (Long-term Residential Care) Regulations 2005 (SR 2005/183);
(m) any ex gratia payment of the kind referred to in regulation 10(1)(g) of those regulations”.
Student Allowance Transfer Grant Programme (established and approved on 23 July 2002 and published in the
New Zealand Gazette, 8 August 2002, No. 90, page 2435)
Clause 4(1)
Add to the definition of cash assets the following paragraphs:
“(l) for the period of 12 months after it is made, any ex gratia payment of the kind referred to in regulation 10(1)(f) of the Social Security (Long-term Residential Care) Regulations 2005 (SR 2005/183);
(m) any ex gratia payment of the kind referred to in regulation 10(1)(g) of those regulations”.
Home Help Programme (as established and approved on 6 May 2004 and published in the New Zealand Gazette, 13 May 2004, No. 52, page 1290)
Clause 4(1)
Add to the definition of cash assets the following paragraphs:
“(l) for the period of 12 months after it is made, any ex gratia payment of the kind referred to in regulation 10(1)(f) of the Social Security (Long-term Residential Care) Regulations 2005 (SR 2005/183):
(m) any ex gratia payment of the kind referred to in regulation 10(1)(g) of those regulations”.
Clause 7(1)
Revoke paragraph (a) and substitute:
“(a) either—
“(i) the applicant or the applicant’s spouse or partner holds a community services card issued under the Health Entitlement Cards Regulation 1993; or
(ii) the applicant or the applicant’s spouse or partner would be eligible for a community services card under the Health Entitlement Cards Regulations 1993 but for the receipt of an ex gratia payment specified in paragraph (l) or paragraph (m) of the definition of cash assets in clause 4(1); and”.
Away From Home Allowance Welfare Programme (established and approved 19 January 1998 and published in the
New Zealand Gazette, 29 January 1998, No. 14, page 349)
Clause 5
Revoke paragraph 5.1.3 and substitute:
“5.1.3 either—
“(i) the applicant is eligible for a family support credit of tax under the Income Tax Act 2004 for the young person (whether or not the applicant is receiving any family support); or
(ii) the applicant would be eligible for a family support credit of tax under the Income Tax Act 2004 but for the receipt of an ex gratia payment of the kind referred to in regulations 10(1)(f) and 10(1)(g) of the Social Security (Long-term Residential Care) Regulations 2005 (SR 2005/183); and”.
Clause 6.2
Omit “Income Tax Act 1994” and substitute “Income Tax Act 2004”.
Course Participation Allowance (as established and approved on 6 December 2006 and published in the New Zealand Gazette, 21 December 2006, No. 174, page 5102)
Clause 4(1)
Insert, after the definition of applicant, the following definition:
“cash assets has the meaning in section 61E of the Act”.
Explanatory Note
This note is not part of the instrument but is intended to explain its general effect.
This instrument amending Ministerial directions and welfare programmes, which comes into effect on the day after the date on which it is published in the New Zealand Gazette excludes certain payments from a person’s cash assets, which are considered in determining his or her eligibility to the types of social security assistance specified in this instrument. The exclusion for
ex gratia payments made because of personal injury caused by hepatitis C infection contracted through the New Zealand Blood Supply is limited to 12 months from the date of payment.