Pursuant to section 124(1)(d) of the Social Security Act 1964 (“the Act”), the 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 3rd day of September 2008.
HON RUTH DYSON, 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. 3) 2008.
2. Commencement—This amendment comes into effect on the day after the day on which it is signed.
3. Programme amended—This amendment amends the Special Needs Grants Programme.
4. Applicants awaiting the outcome of an international child custody and access dispute—Clause 15C.2† is amended by omitting
“(d) is in one”
and substituting
“(e) is in one”.
5. New clause inserted—The following clause is inserted after clause 15C:
“15D Applicants in New Zealand under relocation arrangement
15D.l This clause applies to an applicant who—
(a) pursuant to a relocation arrangement:
(i) is a relocated person; and
(ii) is in New Zealand under a temporary permit or a limited purpose permit; and
(b) is not a member of the family of a relocated person to whom grants under clause 15D.2 are being made.
15D.2 The chief executive may, in his or her discretion, and subject to such conditions as the chief executive thinks fit to impose, make non-recoverable weekly grants and non-recoverable set up grants to an applicant to whom clause 15D.1 applies if satisfied that—
(a) the applicant and his or her family (if any) are in hardship; and
(b) the applicant is not absent from New Zealand.
15D.3 Grants under clause 15D.2 may be made commencing not earlier than the date of application for the grant until the earliest of the following events—
(a) The relocated person is lawfully able to work in New Zealand and obtains employment suitable and sufficient to support himself or herself and his or her family (if any);
(b) the expiry of the notice period after the
New Zealand Government receives notice from the International Court or, as the case may be, the International Tribunal that relocation services are no longer required in respect of the relocated person and that:
(i) the relocated person has been notified of that decision; or
(ii) reasonable efforts have been made to convey that notification to that person;
(c) the relocation arrangement is terminated;
(d) the relocated person is granted a residence permit under the Immigration Act 1987;
(e) in the case of set up grants, the elapse of 12 months after the date the applicant first applied for a grant under clause 15D.2.
15D.4 The amount of a weekly grant under clause 15D.2 is in the discretion of the chief executive but must not exceed the amount of benefit that would be payable to the applicant if the applicant were a person of the kind referred to in section 74A(1)(c) of the Act and had been granted a benefit.
15D.5 The amount of all setup grants made under clause 15D.2 in respect of an applicant must not exceed $5,000 in total.
15D.6 Clause 6 does not apply to grants under clause 15D.2 and clause 4 has effect in regard to an applicant to whom clause 15D.1 applies as if it did not include reference to section 74A.
15D.7 In this clause and clauses 15D.1 to 15D.6—
family, in relation to a relocated person, means the person’s spouse or partner and any dependent children who reside with the person (being in each case a spouse or partner or child who has relocated to New Zealand under a relocation arrangement and is in New Zealand under a temporary permit or limited purpose permit);
notice period, in relation to a notice referred to
in clause 15D.3(b), means a period specified in the arrangement that must elapse before the matter referred to in the notice can be acted on;
relocation arrangement or arrangement means any of the non-binding arrangements entered into by the New Zealand Government with an International Court or International Tribunal;
relocated person means any of the following persons who have relocated to New Zealand in accordance with an arrangement—
(a) a witness (A); or
(b) any of the following persons who, immediately before A relocated to
New Zealand, was:
(i) A’s spouse or partner; or
(ii) a dependent child of A; or
(iii) a dependant of A of or over the age of 18.
relocation services means those services provided to a relocated person in accordance with a relocation arrangement and, for
the purposes of clause 15D.3, refers to the assistance available under clause 15D.2;
set up grant means a grant for any of the following purposes to enable a relocated person and his or her family (if any) to establish a life in New Zealand:
(a) to obtain necessary items such as furniture and bedding;
(b) provide assistance towards any necessary disability costs of a relocated person
(for example, the costs of altering premises);
(c) provide assistance for essential items such as rent bonds, school fees, and deposits required for essential services (for example, electricity supply).”.
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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, which comes into effect on the day after it is made, provides for discretionary financial assistance to persons who have been relocated to New Zealand under an arrangement between the New Zealand Government and an International Court or International Tribunal. It also corrects a numbering error in clause l5C.2 of the Programme.
* New Zealand Gazette, 28 January 1999, No. 8, page 202
† New Zealand Gazette, 30 August 2007, No. 96, page 2561 (go6009)
Note: The amendment to clause 15C.2 applies only to the instrument signed by the Minister. It does not apply to the published version in the New Zealand Gazette (go6009).