Pursuant to section 124(1)(d) of the Social Security Act 1964 (“the Act”), the Acting Minister for Social Development and Employment makes the following amendment to the Special Needs Grants Programme (as established and approved on 18 December 1998*).
Dated at Wellington this 16th day of August 2007.
HON. STEVE MAHAREY, Acting Minister for Social Development and Employment.
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A m e n d m e n t
1. Title—This amendment is the Special Needs Grants Amendment (No. 2) 2007.
2. Commencement—This amendment comes into effect on the day after the day on which it is made.
3. Programme amended—This amendment amends the Special Needs Grants Programme.
4. New clause inserted—The following clause is inserted after clause 15B:
“15C Applicants awaiting the outcome of an international child custody and access dispute
15C.1 This clause applies to an applicant who—
(a) is the principal caregiver of a dependent child; and
(b) is in New Zealand under a temporary permit or a limited purpose permit; and
(c) is in New Zealand together with the child for the purposes of determining custody and access proceedings in respect of the child; and
(d) is in one of the following situations:
(i) the child has been returned to
New Zealand pursuant to a Hague Convention order made by a Court
of an overseas country;
(ii) the applicant returned the child to
New Zealand voluntarily to resolve custody and access proceedings in respect of the child;
(iii) the applicant, being or having been in a relationship with a New Zealand citizen or permanent resident who is the
other parent of the child, remains in New Zealand following the break
down of that relationship in order to resolve custody and access proceedings in respect of the child.
15C.2 This clause applies to an applicant who is a
New Zealand citizen or permanent resident and—
(a) is the principal caregiver of a dependent child; and
(b) is in an overseas country that is the child’s country of habitual residence; and
(c) is in that country together with the child for the purposes of resolving custody and access proceedings in respect of the child; and
(d) is entitled to be in that country for that purpose by virtue of holding an appropriate visa or permit; and
(e) is in one of the following situations:
(i) the child has been required to return
to that country pursuant to a Hague Convention order made under subpart 4 of Part 2 of the Care of Children Act 2004;
(ii) a Hague Convention application has been made under that subpart in
respect of the child and the applicant has returned the child to that country voluntarily.
15C.3 The chief executive may, in his or her discretion, make non-recoverable grants to an applicant
to whom clause 15C.1 or 15C.2 applies if satisfied that—
(a) the applicant and the child are in hardship; and
(b) the applicant has exhausted all financial resources reasonably available to him or her, and is in the process of pursuing any other avenue of financial support that is or might be available to him or her or in respect of
the child (for example, employment; spousal maintenance; child support); and
(c) the applicant is legally unable to work to support himself or herself and the child, or
if legally able to work, is unable to obtain employment suitable and sufficient for that purpose; and
(d) the applicant is taking all reasonable steps
to have the custody and access proceedings heard as soon as reasonably practicable.
15C.4 Clauses 6, 9.2, and 9.4 do not apply to grants under this clause, and clause 4 has effect—
(a) in regard to an applicant to whom clause 15C.1 applies, as if it did not include reference to section 74A of the Act; and
(b) in regard to an applicant to whom clause 15C.2 applies, as if it did not include reference to section 77 of the Act.
15C.5 The chief executive may accept an application for grants in accordance with clause 15C.3 before an applicant leaves New Zealand if satisfied that paragraphs (a) to (d) of that clause and clause 15C.2 will apply to the applicant upon his or her arrival in the overseas country concerned, but no payments may be made earlier than that arrival.
15C.6 Grants under clause 15C.3 may be made on a weekly basis commencing no earlier than the date of application for the grant until the earliest of the following events—
(a) the applicant becomes legally able to work
in the country in which the custody and access proceedings are being determined and obtains employment suitable and sufficient to support himself or herself and the child;
(b) the applicant becomes eligible to access financial assistance under the social security system of that country that is sufficient to support himself or herself and the child;
(c) the applicant:
(i) departs from that country; or
(ii) ceases to be entitled to stay in that country by reason of the expiry and non-renewal, or cancellation, of any permit or visa:
(d) the child attains the age when no order relating to his or her possession and care, or day to day care, may be made in the custody or access proceedings;
(e) 28 days after the custody and access proceedings and any appeals from the decisions in those proceedings are finally determined.
15C.7 The weekly amount of a grant under clause 15C.3—
(a) is in the discretion of the chief executive but except as provided in paragraph (c), must not exceed the weekly amount set out in clause 1 of Schedule 16 of the Act; and
(b) must be reduced by $1.00 for every $1.00
of the applicant’s income instead of in accordance with Income Test 1; and
(c) may, in respect of the applicant’s accommodation expenses, be increased by
an amount of not more than:
(i) where the applicant and child are in New Zealand the weekly amount of
an accommodation supplement under the Act that would be payable to the applicant if the applicant were a beneficiary; or
(ii) in any other case, the weekly amount set out in clause 1(a) of Part 2 of Schedule 18 of the Act having regard
to the circumstances of the applicant and his or her actual accommodation expenses.
15C.8 In clauses 15C.1 to 15C.7—
custody and access proceedings—
(a) means proceedings for an order (however called) relating to the possession and care,
or day to day care, of a child; and
(b) includes proceeding:
(i) for an order (however called) relating to access to or contact with a child; or
(ii) for a parenting order under the Care of Children Act 2004.
Hague Convention application means an application for a Hague Convention order;
Hague Convention order means an order for return of a child to the child’s country of habitual residence made by a Court of a country that is a party to, or has ratified or acceded to, the Hague Convention on the Civil Aspects
of Child Abduction (as set out in Schedule 1 of the Care of Children Act 2004);
limited purpose permit means a limited purpose permit issued under the Immigration Act 1987;
permanent resident means a person resident in
New Zealand who holds, is deemed to hold, or is exempt from holding, a residence permit under the Immigration Act 1987;
temporary permit means a temporary permit issued under the Immigration Act 1987.”.
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Explanatory Note
This note is not part of the amendment but is intended to indicate its general effect.
This amendment to the Special Needs Grants Programme provides for discretionary financial assistance to adults who are the principal caregivers of children involved in custody and access disputes in the child’s country of habitual residence where there is no other means of financial support available. The amendment comes into effect on the day after it is made.
*New Zealand Gazette, 28 January 1999, No. 8, page 202